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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. I suppose you do the best you can when met with dead wrong, absolutely certain, donkey stubbornness. Who is also armed.
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Dec 23, 2023 17:21
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Hieronymous Alloy posted: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.). Also to what standard are PDs required to maintain their analytical equipment? I would hope it was NIST standards.
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Dec 23, 2023 17:56
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Hieronymous Alloy posted: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.). It's been ages since I have done a DUI but in Alaska the cop refusing to take you to a requested blood draw means the breathalyzer gets suppressed. The blood draw is your opportunity to challenge the accuracy of the breath test so something something confrontation clause suppression. Also refusal to do either is a separate crime that has the exact same penalties as DUI and isn't merged after conviction.
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Dec 23, 2023 18:01
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Hieronymous Alloy posted: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). Did any of them get convicted?
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Dec 23, 2023 18:02
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Azuth0667 posted:Also to what standard are PDs required to maintain their analytical equipment? I would hope it was NIST standards. I wish I could find the article but at one point cops were still using a portable breathalyzer that had been stuck by lightning without recalibrating it. There is rarely a calibration requirement at all.
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Dec 23, 2023 20:37
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I once argued that a breathalyzer was inaccurate and you couldn’t trust the readings on them. My wife didn’t buy it
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Dec 23, 2023 22:08
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what did she wind up going with then?
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Dec 24, 2023 00:12
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Skunkduster posted:Did any of them get convicted? This was during covid so those cases got put off and I was reassigned so I never saw final results. I'd have fought for dismissal for the case with no other indicators and maybe a reckless plea for the ones where the cop said he smelt weed / they found weed in the car. Leviathan Song posted:I wish I could find the article but at one point cops were still using a portable breathalyzer that had been stuck by lightning without recalibrating it. There is rarely a calibration requirement at all. My state has the records for each machine online and you can check when the machines were calibrated, but our statute was written by a defense attorney. EwokEntourage posted:I once argued that a breathalyzer was inaccurate and you couldn’t trust the readings on them. My wife didn’t buy it I did a 3 day cle on dui defense back in 2019 and one whole day was attacking breathalyzer results. It can be done but you basically have to go "computers, am i right?" and then attack either the cop for administering the test wrong or the machine being broken. Hieronymous Alloy fucked around with this message at 00:27 on Dec 24, 2023 |
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Dec 24, 2023 00:23
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Hieronymous Alloy posted:This was during covid so those cases got put off and I was reassigned so I never saw final results. I'd have fought for dismissal for the case with no other indicators and maybe a reckless plea for the ones where the cop said he smelt weed / they found weed in the car. How often does this work? I remember advice from decades ago on beating a speeding ticket that said you should ask for certification records for the radar gun, along with other similar things. Is that actually something that goes anywhere? Is it something that works if you're an attorney but does not if you're going without representation?
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Dec 24, 2023 05:39
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There are lots of cops that are bad at taking their annual radar gun certification test (or whatever) that technically invalidate tickets if you catch it. There are even lots of judges that care if a cop hosed that up. If you put all your chips on that defense in a random county in america, it MIGHT work! If there is an easy fix like that in your case, that is what the local traffic lawyer gets paid to know, yeah
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Dec 24, 2023 06:13
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Discendo Vox posted:what did she wind up going with then? Got sentenced to 30 days
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Dec 24, 2023 08:48
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Javid posted:There are lots of cops that are bad at taking their annual radar gun certification test (or whatever) that technically invalidate tickets if you catch it. There are even lots of judges that care if a cop hosed that up. If you put all your chips on that defense in a random county in america, it MIGHT work! To that extent, I wonder what I could have done differently? I think I might have had more success if I simply said the cop was lieing and I was not speeding at all. I was ready to tell the judge about certifications and margin of error of radar guns but the clerk refused to schedule me a court date. What could I have done with this? Can the court clerks legally refuse to schedule court dates like this?
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Dec 24, 2023 16:44
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Volmarias posted:How often does this work? I remember advice from decades ago on beating a speeding ticket that said you should ask for certification records for the radar gun, along with other similar things. Is that actually something that goes anywhere? Is it something that works if you're an attorney but does not if you're going without representation? Ish. Most of the time I didn't work low level speeding ticket cases because those can't result in jailtime and you only get appointed a pd in cases where jailtime is a possibility. Sometimes I'd have a case where the speeding had been probable cause for something else. In those cases yeah they'd generally hand over all those certificates in discovery, but if they did not it wouldn't help much because the question was probable cause and they were in fact probably speeding in the subjective view of the officer at the time. And who cares about the speeding itself because if they found a pound of weed in your car the speeding ticket is the least of your worries. More substantively the way it worked locally for basic speeding with nothing else going on was people would have a first court date where they could show up if they wanted to. Usually the cop would let them knock the ticket downa tier if they asked nicely and gave a reason. Otherwise yeah you can hire a lawyer to help with a speeding ticket but why? It will usually cost more for the lawyer than just paying the ticket, unless you're already in a bad situation with your insurance.
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Dec 24, 2023 16:56
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Ok, this sort of mirrors my experiences. From my Various Moving Violations, the prosecutor usually has an open door before court begins, and is willing to offer simple plea deals. E.g. drop the crime that would give points on your 2 points on your license for a Reckless Driving if you plead guilty, lower price for you overall for an administrative thing, they get the polity more money and they have less work to do. I did actually hire a lawyer for a More Serious But Not Criminal Moving Violation (think of 24mph over, close enough). They did the same sort of deal, which was, including the lawyer bill still cheaper overall than the original thing. I wasn't confident I could get a result as good as that one, so I was still happy overall. Auto insurance in NJ is far more expensive than elsewhere, so I was much more interested in removing the points.
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Dec 24, 2023 20:11
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Have you considered slowing down
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Dec 24, 2023 23:06
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EwokEntourage posted:Have you considered slowing down Gotta go fast
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Dec 24, 2023 23:15
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If I walked into a reasonably high profile / successful lawyer's office, asked him to be my lawyer, and -- when he asks for his retainer fee -- I dump $5,000 USD on his desk in random 10s and 20s. Would that lawyer accept it? Is there anything in their code of ethics which says that if they suspect the money being used to pay them is lawfully-obtained? Yes, yes, even Pablo Escobar had a lawyer, but let's imagine this is just some no-name town and a no-name person.
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Dec 25, 2023 03:35
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EwokEntourage posted:Have you considered slowing down No.
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Dec 25, 2023 04:28
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null_pointer posted:If I walked into a reasonably high profile / successful lawyer's office, asked him to be my lawyer, and -- when he asks for his retainer fee -- I dump $5,000 USD on his desk in random 10s and 20s. Would that lawyer accept it? Is there anything in their code of ethics which says that if they suspect the money being used to pay them is lawfully-obtained? Depends. Did you ask me to defend your cash only vending machine business, your strip joint or laundromat? I dunno, I'd have to see your tax returns and monthly cash deposit receipts.. Did you ask me to defend you in a money laundering trial? Then I would decline, as to the very real possibility that the funds were part of a crime which in addition to being against statutory attorney law (we codified ethics with actual laws starting this year) and ethics (we also made more ethics), is also straight up illegal. Attorneys are regularly approached about aiding money laundering because people would love to use an attorney client account to pay money through, as it is always impossible to trace funds through attorney-client privilege. Of course, it's still not too hard to detect, so once they can prove shenanigans, that privilege evaporates and you go down with whatever frontman of a frontman of a frontman the launderer used. Bad deal.
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Dec 25, 2023 12:51
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When I did criminal defense, we got paid in stacks of cash all the time. Granted we never handled any money laundering charges.
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Dec 25, 2023 13:59
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At least in the US, people who are accused of crimes are legally innocent unless they are found guilty of that crime. Innocent people accused of crimes have the right to defend themselves by employing an attorney to defend them. Just don't be stupid about it. We're looking at you, F. Lee Bailey.
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Dec 25, 2023 15:57
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Mr. Nice! posted:When I did criminal defense, we got paid in stacks of cash all the time. Granted we never handled any money laundering charges. How many of these stacks of cash would you describe as "fat"?
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Dec 25, 2023 16:04
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Volmarias posted:How many of these stacks of cash would you describe as "fat"? Lots. It was enough cash that my boss hated dealing with it. She’d walk into her associates’ offices and drop anywhere between $1-4k on our desk, and tell us to email the bookkeeper that we got a cash advance for whatever amount. It saved her from having to fill out extra paperwork at the bank or any additional fees they charged her for frequent >$10k deposits of cash.
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Dec 25, 2023 16:12
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1-That really sounds like structuring, am I missing something? 2-Banks charge you for depositing over $10k? Is that just for the paperwork?
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Dec 25, 2023 16:26
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Remulak posted:1-That really sounds like structuring, am I missing something? If it was someone trying to hide money, it would be. In this case it’s a lawyer depositing fees earned. There isn’t an issue with money laundering in this case because there’s no return of funds to anyone. We weren’t being paid a retainer or holding money in trust. Our fee agreement for criminal representation makes it clear that the fee is earned by the attorney up front and due immediately. This is bog standard in my state. Commercial banks will charge for all sorts of things for business accounts. If you’re routinely bringing in a lot of cash, some banks will charge you for dealing with it. My boss felt it was easier/cheaper just to pay associates with the cash. It was all still taxed and reported to the IRS.
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Dec 25, 2023 16:35
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Remulak posted:1-That really sounds like structuring, am I missing something? Not if the cash deposit per case actually is 1-4k usd, then depositing as you go is just smart managment. If it's splitting up a huge deposit it isn't great. But I assume that wouldn't be the case, so the name of the game is just not stacking deposits. Banks charge for anything over 1000$ where I live, and you also have to fill out a paper form stating the source of the funds for money laundering purposes. Digital money laundering is a lot easier.
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Dec 25, 2023 16:37
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Mr. Nice! posted:If it was someone trying to hide money, it would be. In this case it’s a lawyer depositing fees earned. Were there impacts on insurance due to having significant fat stacks on premises? Seems like additional risk.
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Dec 25, 2023 19:14
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Remulak posted:2-Banks charge you for depositing over $10k? Is that just for the paperwork? It depends. I have withdrawn well over $10k from a bank for a cash purchase of a trailer (the seller was an idiot that refused to take a certified check). There was a lot more paperwork but it was fine; I had a clear purpose for it and you can follow the trail to the registration change.
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Dec 25, 2023 19:28
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B33rChiller posted:Were there impacts on insurance due to having significant fat stacks on premises? She didn’t have cash on hand. She’d deposit cash or pay us advances.
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Dec 25, 2023 20:04
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Mr. Nice! posted:She didn’t have cash on hand. She’d deposit cash or pay us advances. Smart. Far smarter than I, apparently. Where'd I leave my eggnog? 
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Dec 25, 2023 20:06
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Remulak posted:1-That really sounds like structuring, am I missing something? Banks have to report cash deposits over 10k, I think withdrawals also. One of the many crimes that Republican congressperson who touched kids (I know, which one, can’t remember his name) was withdrawing under that amount repeatedly to avoid reporting, to pay off a victim.
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Dec 25, 2023 20:07
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pseudanonymous posted:Banks have to report cash deposits over 10k, I think withdrawals also. One of the many crimes that Republican congressperson who touched kids (I know, which one, can’t remember his name) was withdrawing under that amount repeatedly to avoid reporting, to pay off a victim. Yes. This is called structuring, and is part of money laundering laws. People who play poker in casinos run into it all the time. Most casinos will now actively try to prevent their customers from making sequences of in and out transactions that look like structuring even if they're actually not, because casinos are high on the fed's radar for money laundering already. Occasionally random people get told at a bank "if you deposit that $12k you'll have to fill out this form that reports it to the feds," be mad about the paperwork or the gubmint being too nosy etc., deposit half that day and half the next day or half in one bank and half in a different bank etc., and then find themselves under criminal investigation. To be specific, the structuring itself is against the law, even if you had no intent to launder money. It is a felony punishable with substantial fines and potentially prison time.
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Dec 26, 2023 20:54
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Those "suspicious activity reports" are big fat nothing burgers. They're standard paperwork that goes nowhere and means nothing unless the target is already under some other money laundering investigation. I used to do white collar stuff, have been trained on those reports, and have used them. They're basically only good for astute public defenders filling motions to compel which confound idiot prosecutors. If a case is at a stage to get the SARs it's at a stage where the cops have all your back account records already from the bank directly.
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Dec 26, 2023 21:16
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BigHead posted:Those "suspicious activity reports" are big fat nothing burgers. They're standard paperwork that goes nowhere and means nothing unless the target is already under some other money laundering investigation. I used to do white collar stuff, have been trained on those reports, and have used them. They're basically only good for astute public defenders filling motions to compel which confound idiot prosecutors. If a case is at a stage to get the SARs it's at a stage where the cops have all your back account records already from the bank directly. For clean money, they're no biggie. Where's this money from? Wages, I work on a ship. Got anything to back that up? Yeah, here’s my paystubs. OK cool, sign here.
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Dec 26, 2023 22:58
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Hieronymous Alloy posted:Gotta go fast Main Character Syndrome itt.
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Dec 27, 2023 00:49
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BigHead posted:Those "suspicious activity reports" are big fat nothing burgers. They're standard paperwork that goes nowhere and means nothing unless the target is already under some other money laundering investigation. I used to do white collar stuff, have been trained on those reports, and have used them. They're basically only good for astute public defenders filling motions to compel which confound idiot prosecutors. If a case is at a stage to get the SARs it's at a stage where the cops have all your back account records already from the bank directly. "Maybe we can convince a jury about these money laundering charges and maybe we can't. We can probably convince them these 10 $9999 deposits and withdrawals across adjacent days are structuring though"
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Dec 27, 2023 01:45
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So, if Trump gets kept off the ballot by the Supreme Court in Colorado, what does that do? Would his votes just not get counted (I assume contrary assholes would just write him in)?
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Dec 27, 2023 18:15
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sleepy.eyes posted:So, if Trump gets kept off the ballot by the Supreme Court in Colorado, what does that do? Would his votes just not get counted (I assume contrary assholes would just write him in)? If Colorado were the difference between Trump winning the GOP nomination and not, I imagine the convention would select him anyway. Then there would probably be another lawsuit over keeping him off the general ballot. If he somehow won as a write-in candidate (he wouldn't even win Colorado if he were on the general ballot), there would probably be another lawsuit trying to avoid awarding him electors. My opinion is that SCOTUS stays out of the Trump disqualification state elections matters until and unless a decision could be determinative of Trump winning the general election, then they step in to give him the win.
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Dec 27, 2023 18:32
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ulmont posted:It depends. I have withdrawn well over $10k from a bank for a cash purchase of a trailer (the seller was an idiot that refused to take a certified check). They like to have advance notice of this too since they manage their cash flow to avoid having too much cash on hand. They do not like when you take $10K of their $15K on hand.
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Dec 27, 2023 22:05
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Do any of the other states have any recompense against Abbott's migrant scheme other than hoping the Feds get off their rear end? If the New York AG or whoever determines Abbott is human trafficking migrants, what are some options? How does jurisdiction work? Is it where the migrants depart from or where they arrive? I doubt troopers can arrest an out of state governor, but something has to give
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Jan 3, 2024 00:23
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