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Uttering death threats is a crime in a lot of places.
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Dec 18, 2023 03:44
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blarzgh posted:The concept you're thinking of is called "impossibility" by the lawyer brains. There are two kinds, legal and factual. As far as other crimes, could simply planning to murder someone be considered conspiracy to commit murder, or would that require sharing your plans with an accomplice?
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Dec 18, 2023 06:00
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Causing death is needed for murder, and attacking or setting up a trap would be attempted murder. Planning to do either would not be. Now if your attempted murder involves shooting a bullet that misses and kills some other person outside the window, and if that person was only struck because he was already falling past the window to his death...
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Dec 18, 2023 06:27
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blarzgh posted:The concept you're thinking of is called "impossibility" by the lawyer brains. There are two kinds, legal and factual. But I distinctly remember a Law and Order where 2 people refused to rat each other out so the DA charged both of them with the same murder and tried the cases at the same time so neither could point to the other ones guilty verdict as proof they hadn't done it.
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Dec 18, 2023 06:36
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Phyzzle posted:Causing death is needed for murder, and attacking or setting up a trap would be attempted murder. Planning to do either would not be.
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Dec 18, 2023 06:38
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Not Wolverine posted:As far as other crimes, could simply planning to murder someone be considered conspiracy to commit murder, or would that require sharing your plans with an accomplice? Conspiracy requires at least two people. The elements of the crime are 1) the people involved making an agreement to do the underlying crime and 2) at least one of those people taking a concrete step towards committing the crime after making the agreement. Without another person there’s no conspiracy.
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Dec 18, 2023 08:16
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Skunkduster posted:What other crimes are you thinking of? Jurisdictionally dependent. Attempt murder might be different from attempt bodily harm which might be different from attempt assault etc. For mine it's an overarching theme that the police are not obligated to wait for an actual attempt in all cases and may prevent the crime while preserving the possibility of conviction. Of course, the line isn't clear but the important part (mens rea) is normally what settles the matter. That said, not an easy question. I had a client convicted of accessory to impossible attempt at importing illegal drugs. It can get all kinds of funny if your prosecution wants blood.
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Dec 18, 2023 10:45
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I'd welcome your thoughts on the service described below. https://patriotdefender.com/  
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Dec 19, 2023 20:14
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If you work for Patriot Defender, please disclose your conflict of interest.
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Dec 19, 2023 20:14
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Discendo Vox posted:I'd welcome your thoughts on the service described below.
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Dec 19, 2023 20:38
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I think a couple of you might be misreading Discendo Vox's intent in questioning this policy offering. I'll go out on a limb and suggest that DV's looking for a lawyer to say "that's bullshit half the poo poo they claim to defend for you isn't a thing they can actually do" or similar. E.g., it's obvious right-wing grift. My own take is that it's obvious right-wing grift but they are probably only promising to provide some minimal, lovely level of legal aid in the described cases, and carefully not promising that they can actually win cases for your concealed carry defense of "IRS Audits"
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Dec 19, 2023 20:43
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Yeah, it's that - not insurance, just prepaid legal services. Actual agreement is at https://patriotdefender.com/wp-content/uploads/2023/08/patriot-shield-msa-2023.pdf and it's 1k hours or $250k of legal representation (whichever comes first) with a bunch of bounds (e.g. firearms coverage only kicks in if they think your use was completely above-board to start).
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Dec 19, 2023 20:49
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Discendo Vox posted:I'd welcome your thoughts on the service [sic] described below. https://patriotdefender.com/wp-content/uploads/2023/08/patriot-shield-msa-2023.pdf
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Dec 19, 2023 22:14
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Sorry, it's not appropriate to post that document here; it's clearly marked confidential.
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Dec 19, 2023 22:27
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Discendo Vox posted:I'd welcome your thoughts on the service described below. Their lack of semicolons really made it difficult to read it out to my spouse in the action movie announcer guy voice.
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Dec 20, 2023 02:37
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I got bit by a dog and went to city court to file a dangerous dog report. The court then mailed a copy of the report and court summons to me very quickly, maybe 3-4 days tops. I had court 11/13 and the judge ordered the guy to pay for my medical bills (only $40 but f you, guy) and said we would each be getting something in the mail stating that and the judges other rulings. How long should I expect to wait to receive this? I assume things move very slow but the first summons came so quickly. This is in the US.
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Dec 20, 2023 16:53
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In my experience it'd be pretty quick. Judges like that - muni ticket guys - have eight billion cases so if things get delayed they snowball very quickly. That gives them incentive to move things out the door asap. Call the courthouse and see if you can swing by and pick up a copy.
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Dec 20, 2023 17:39
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Minnesota Whether shitfaced drunk or cold sober, is it advisable to refuse field sobriety tests? I've watched a lot of videos and the cops say they just want you to take the tests to assure them that you are okay to drive, but the reality (as I understand it) is that they are only collecting evidence to convict you and even sober people will give "indicators" of impairment that will be used against you in court.
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Dec 21, 2023 03:34
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Skunkduster posted:Minnesota Not a Lawyer. I thought field sobriety falls under the implied consent stuff - maybe that's just formal testing at the jail, but I think if they have a reason to suspect you are impaired they can test you in some manner and someone in that chain, refusal to do so results in a 1 year suspension of your license. E: Looking at the Law, I think I'm wrong (https://www.revisor.mn.gov/statutes/cite/169A.51) -- Implied consent only covers chemical tests. So, maybe the strategy here is to just offer to blow? Canine Blues Arooo fucked around with this message at 05:04 on Dec 21, 2023 |
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Dec 21, 2023 05:01
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Canine Blues Arooo posted:E: Looking at the Law, I think I'm wrong (https://www.revisor.mn.gov/statutes/cite/169A.51) -- Implied consent only covers chemical tests. So, maybe the strategy here is to just offer to blow? Sort of depends on the cop and how you look whether that would make things better or worse.  
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Dec 21, 2023 05:50
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Absolute hypothetical holy poo poo I have no desire to gently caress with trigger-happy cops: But let's say that I'm chilling on my balcony, and a cop pulls up on the street, below. Because I have no regard for personal safety, I start poo poo-talking him. Cop of course tells me to come down and give him my ID. Again, because I am stupid, I refuse and just shout my name and DOB and tell him to look it up (assume I have no outstandings / no priors). Am I breaking the law by refusing to physically give the cop my ID? Do cops have the right to compell someone to come to them? If the cop kicked in the door and arrested me for not schlepping my tuchus down to him, would it stick? I have no idea why, I'm just curious about this.
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Dec 21, 2023 14:59
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Skunkduster posted:Minnesota It depends. Generally speaking if an officer is asking you to take field sobriety tests, he has already decided that you are guilty of DUI and he's just looking to build his record for your conviction. The tests are designed so that most people will fail at least some of them somehow (try balancing on one leg right now without using your arms for balance! Try it!) So all you're really doing is giving them ammunition. So most of the time taking the field sobriety tests falls under "talking to cops" and the advice is shut the gently caress up you dumbass. Otoh your state may have local laws that suspend your license if you refuse, and you may be both stone cold sober and a trained ballerina or gymnast, in which case maybe you're better off taking the tests, because passing them actuallycan help you. If you take them listen really carefully to the exact instructions you're given, because they are deliberately counterintuitive (e.g., everyone uses their arms for balance, but the cop will tell you not to). If you're all those things and also very lucky the cop might let you go, or you may establish a good video record for your trial. I have absolutely seen cops arrest people anyway even after they pass the tests though. Hieronymous Alloy fucked around with this message at 15:25 on Dec 21, 2023 |
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Dec 21, 2023 15:16
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null_pointer posted:Absolute hypothetical holy poo poo I have no desire to gently caress with trigger-happy cops: Not that far off from: "Bar Owner Is Arrested After St. Louis Police Officer Crashes Into His Business" https://www.nytimes.com/2023/12/20/us/st-louis-police-crash-bar.html
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Dec 21, 2023 15:21
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nemotrm posted:Not that far off from: "Bar Owner Is Arrested After St. Louis Police Officer Crashes Into His Business" https://www.nytimes.com/2023/12/20/us/st-louis-police-crash-bar.html He asked them who was sucking whose dick in the car and the cops beat the crap out of him and charged him with felony assaulting an officer (that has been reduced to misdemeanor after being held without bond for 36hrs).
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Dec 21, 2023 16:39
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Did they at least answer his question?
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Dec 21, 2023 21:50
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Mr. Nice! posted:He asked them who was sucking whose dick in the car and the cops beat the crap out of him and charged him with felony assaulting an officer (that has been reduced to misdemeanor after being held without bond for 36hrs). The owners of a gay bar in St. Louis were getting ready to finally relax on Sunday night after a long day of listening to loud karaoke and serving colorful cocktails. lol
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Dec 21, 2023 23:21
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Field sobriety tests aren’t that hard
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Dec 21, 2023 23:31
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EwokEntourage posted:Field sobriety tests aren’t that hard
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Dec 22, 2023 00:24
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null_pointer posted:Absolute hypothetical holy poo poo I have no desire to gently caress with trigger-happy cops: Not a lawyer, but this guy is: https://www.thehivelaw.com/blog/can-you-tell-cops-to-get-off-your-property/ quote:Can Police Come On Private Property? In your scenario, they don't have a search warrant, and they are presumably not responding to an emergency call. You did say they just randomly stop outside your balcony and then you start talking poo poo, which seems rather unusual, I don't think an on duty cop would stop outside your residence for no reason but it's possible they could simply be on break. But the key is what are you saying when your talking poo poo? Are you telling them they smell like bacon or implying that you want to harm the cops or someone inside? Just "talking poo poo" could be just mild harassment, but if they deem that it is a serious enough threat then I think they could have the right to enter your house. However, does it have to be a serious crime? Hypothetically, if the cop sees you drop a piece of trash on to a public sidewalk below your house, would that act of littering be serious enough to justify entering the house and arresting you?
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Dec 22, 2023 00:35
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EwokEntourage posted:Field sobriety tests aren’t that hard New law thread title
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Dec 23, 2023 05:54
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EwokEntourage posted:Field sobriety tests aren’t that hard Real question. From what I've seen you don't have to take them in the US until after you've been arrested. If you can get arrested for any old BS, what's the point in taking one? Hoping the cop is in a good mood and will let you off for cooperating?
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Dec 23, 2023 07:15
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sleepy.eyes posted:Real question. From what I've seen you don't have to take them in the US until after you've been arrested. If you can get arrested for any old BS, what's the point in taking one? Hoping the cop is in a good mood and will let you off for cooperating? That's not necessarily true everywhere. There are a lot of places where, AIUI, not taking a sobriety test is penalized with an automatic license suspension.
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Dec 23, 2023 07:21
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sleepy.eyes posted:If you can get arrested for any old BS, what's the point in taking one? Hoping the cop is in a good mood and will let you off for cooperating? So you can prove you're sober after telling the cop that yes, in fact you have been drinking (cocktail before dinner, 2 hours ago). I think the younger cop was a trainee or something. He kept shining the flashlight in my eyes, asking me to look left or right, then looking over his shoulder at the other cop who was I think evaluating. This went on and on before the older cop called him off, lmao. "Um, I dunno boss, he doesn't look drunk at all! Now what do we do?"
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Dec 23, 2023 09:44
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ryanrs posted:So you can prove you're sober after telling the cop that yes, in fact you have been drinking (cocktail before dinner, 2 hours ago). The breathalyzer can prove you're sober. The field sobriety tests cannot. They can only give the cop "indicators", which are things like "failed to follow directions " when you lift your arms for balance which everyone does, or "wobbled during balance test" because you didnt use your arms for balance! You might get lucky and have the cop let you go if you ace them. Maybe. Hieronymous Alloy fucked around with this message at 09:59 on Dec 23, 2023 |
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Dec 23, 2023 09:49
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Iunno, I've been field sobriety'd twice because a college version of me got SO nervous about being pulled over that I probably did look compromised. They let me go both times because I was just a dumb, nervous college student - not drunk  . Law Enforcement kinda sucks as a group, but I'm not convinced that most cops are out there to be dicks.In the last few days, I've been reading more about Field Sobriety tests and came away with the following: • You can deny to do them in all 50 states - they are not required. • They are basically just designed to gain probable cause for an arrest. • That's kinda bullshit. Canine Blues Arooo fucked around with this message at 11:02 on Dec 23, 2023 |
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Dec 23, 2023 11:00
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The field tests are designed to waste time so any "drink for the road" gets digested and increases your BAC for the breathalizer.
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Dec 23, 2023 13:23
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Canine Blues Arooo posted:Iunno, I've been field sobriety'd twice because a college version of me got SO nervous about being pulled over that I probably did look compromised. They let me go both times because I was just a dumb, nervous college student - not drunk Seems like a good way to go would be to just ask to blow, and get something quantifiable, not dependent on the interpretation of indicators. This being from the perspective of someone actually sober behind the wheel.
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Dec 23, 2023 15:07
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B33rChiller posted:Seems like a good way to go would be to just ask to blow, and get something quantifiable, not dependent on the interpretation of indicators. This being from the perspective of someone actually sober behind the wheel. The difficulty there is that generally police departments use dedicated machines back at the station to give breathalyzer tests now -- and those machines are back at the station, which means you gotta get arrested first. You'd think they'd let you go and drop the charge, but, no, once they've arrested you, the cop ain't gonna just drop it. I have absolutely had DUI clients who blew 0.0 and the cop still tried to prosecute the case (usually by claiming the defendant was on drugs or impaired by something not alcohol).
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Dec 23, 2023 16:33
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Hieronymous Alloy posted:The difficulty there is that generally police departments use dedicated machines back at the station to give breathalyzer tests now -- and those machines are back at the station, which means you gotta get arrested first. Does the arrested have the choice in verification method? Could they insist on testing blood which could get more than alcohol content?
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Dec 23, 2023 16:38
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Azuth0667 posted:Does the arrested have the choice in verification method? Could they insist on testing blood which could get more than alcohol content? Depends on the situation and your local state law. Generally you have a right to refuse because of the 5th amendment, but sometimes they will ask for a warrant for a blood draw (if there's an accident, etc.). I think one of my coworkers had a case once where someone requested a blood draw be done and it wasn't, but I don't remember what happened with that. At least you'd have yourself demanding a blood test on camera.
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Dec 23, 2023 16:41
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