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pentyne posted:Is the possible outcome of trying to fight that, "okay, this 3 letter fed agency is taking over now, good luck getting less then 10 years" Theoretically, though it's extremely unlikely because nobody cares about pot by itself. If the feds were going to charge him they *probably* would've already by that point. More practically its just " we can fight this and even if you win you'll have a pending charge for the next year while we fight about it. Alternatively, if you start probation now you'll probably be done in a few months with no jailtime."
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Feb 9, 2024 17:27
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Hieronymous Alloy posted:Well, I mean, arguably it was. The prosecutor and officer would have said that the officer believed he'd seen a bad turn even if he hadn't-- he did follow the dude around for a good while waiting for a mistake. The bigger issue was that there was clearly some other form of investigation going on that they were withholding discovery about. Got it. You and him making that call totally makes sense.
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Feb 9, 2024 17:32
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Drug cases are weird because in theory there's this immense body of constitutional law but in practice virtually everyone is some degree of actually guilty (it's not like a murder where there might be a real self defense argument), the penalties can be stratospheric (decades for very small amounts), and almost everyone gets a pretty good offer almost all the time (because most offenders are low level and addicts themselves and prosecutors usually recognize that ). So almost everyone takes a plea almost all the time. Then one percent of the time you have people moving kilos at a time with piles of guns and all the rest. Those are the cases where you're likely to see a dog do a search . . . But usually the actual stop is the product of a long investigation and the dog is just one more additional way the cops are locking the case down. Things very rarely actually turn on a dog sniff. If the dog is involved at all there is some other reason the dog was there (informant, wiretap, drone surveillance, etc) and that other reason is the actual problem.
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Feb 9, 2024 17:49
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Hieronymous Alloy posted:Drug cases are weird because in theory there's this immense body of constitutional law but in practice virtually everyone is some degree of actually guilty (it's not like a murder where there might be a real self defense argument), the penalties can be stratospheric (decades for very small amounts), and almost everyone gets a pretty good offer almost all the time (because most offenders are low level and addicts themselves and prosecutors usually recognize that ). So almost everyone takes a plea almost all the time. All true, and yet because the volume of drug cases is so high you still get plenty of appellate decisions on dogs, extending the stop, and probable cause.
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Feb 9, 2024 17:53
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A lawyer dawg, a drug dog, and a dog bite lawyer walk into a bar..m
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Feb 9, 2024 19:39
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I thought Fred - DEA would go after the guys moving guns and kilos, not apparently some local rando. That seems like a beat cop thing How did your client even get on the DEA radar
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Feb 9, 2024 19:56
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The problem I see with trying to trust any cop or prosecutor description of dog success rates is they are also including "paraphenalia" and planted drugs as a confirmed hits. Take this rear end in a top hat: https://www.nydailynews.com/2021/07/15/ex-florida-sheriffs-deputy-gets-12-years-in-prison-for-planting-drugs-in-peoples-cars/ Caught red handed planting drugs on multiple innocent people on camera and had to have 120 cases dropped. If you look at the county stats; that's like 10% of the county's total arrests. That K-9 officer should probably be in jail right along side him.
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Feb 9, 2024 19:58
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Nissin Cup Nudist posted:
No idea. Generally speaking without commenting on any particular case, it seemed like the feds and the big task force operations were tracking large scale operations and then anyone who wandered past those operations also got followed and tracked and then depending on how hard the cops wanted to work they'd track all the people who talk to those people etc. I got a lot of cases around one specific gas station because cops decided poo poo went down there so they would just post up outside that particular gas station and watch and if they thought they saw a drug deal they would follow each party till they found an excuse to pull them over.
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Feb 9, 2024 20:09
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Nissin Cup Nudist posted:I thought Fred - DEA would go after the guys moving guns and kilos, not apparently some local rando. That seems like a beat cop thing the point in time where the federal government was obsessed with raiding and shutting down every legally operated weed shop they could
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Feb 9, 2024 20:48
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e: wrong thread
Huggybear fucked around with this message at 19:57 on Feb 10, 2024 |
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Feb 9, 2024 20:57
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pentyne posted:the point in time where the federal government was obsessed with raiding and shutting down every legally operated weed shop they could Pot is still, unfortunately, totally illegal in my state. Nobody doing enforcement cares about it as such but they love it because the (alleged) smell opens so many doors. So they chase pot but they aren't looking for pot they're looking for guns or harder drugs they can't claim to smell through six layers of plastic across six lanes of traffic.
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Feb 9, 2024 20:58
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Hieronymous Alloy posted:
Why would you see a case where the dog didn't find anything? By default, you're going to see the cases where a dog does discover something.
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Feb 10, 2024 01:03
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Atticus_1354 posted:Why would you see a case where the dog didn't find anything? By default, you're going to see the cases where a dog does discover something. In theory, sure, but in practice, again, if the dog is there, they have some other reason to search anyway, and if they can't use the dog to get an excuse to search, they'll just find a different excuse, like suddenly "smelling weed," etc. It's not that I just didn't see any case where the dog didn't find anything; I didn't see any case where the dog wasn't just there to provide a parallel construction and they were going to find a reason to search anyway.
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Feb 10, 2024 02:02
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Hieronymous Alloy posted:In theory, sure, but in practice, again, if the dog is there, they have some other reason to search anyway, and if they can't use the dog to get an excuse to search, they'll just find a different excuse, like suddenly "smelling weed," etc. It's not that I just didn't see any case where the dog didn't find anything; I didn't see any case where the dog wasn't just there to provide a parallel construction and they were going to find a reason to search anyway. Because there's a filter where you're going to predominantly see the cases that turned up something for whatever reason. That doesn't mean the dog is 99% accurate.
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Feb 10, 2024 03:13
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Atticus_1354 posted:Because there's a filter where you're going to predominantly see the cases that turned up something for whatever reason. That doesn't mean the dog is 99% accurate. Right, that's my point. It means the dog's accuracy is irr-elephant. The dog isn't there to be accurate; the dog is there to provide parallel construction. You're correct that I wouldn't see any cases where they didn't find anything . . . but, i mean, to the extent such cases happen, relatively speaking they aren't a problem. Nobody went to jail.
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Feb 10, 2024 03:17
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Hieronymous Alloy posted:. . . but, i mean, to the extent such cases happen, relatively speaking they aren't a problem. Nobody went to jail. You don't think using inaccurate dogs as a pretext to search isn't a problem as long as nobody ends up in jail from it? Because that's my big problem with it. If you don't need the dogs like you're saying, then why have the dogs? If we do need the dogs, then we should be really concerned about their false positives.
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Feb 10, 2024 03:27
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I have a not quite dog level of smell (but pretty good) and I have absolutely driven by or behind cars, with all my windows up, and smelled weed. At highway speeds. Considering how much those dogs/training costs, they better be signalling some of these. I am all for people smoking up or drinking *in a responsible place* but I would really appreciate stoned people being pulled over/off the road, just as much as drunks. Actual legal question: I have gotten through the dual citizenship (with Ireland) process to be declared a Irish Citizen born abroad, and have a weird certified birth certificate thing. Any idea how much the next step with a presumably immigration lawyer would cost, to get a EU passport? I did the first part with a very confused University legal service attorney like... 20 years ago. I have never hired a lawyer for.... Anything? I have zero ideas on what that sort of thing costs. (In Wisconsin, if it makes a difference). No emergency timeline, I just want to do it, and I am approaching being grown up and debt free in a few months. Red passport cool kids club.
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Feb 10, 2024 04:11
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Atticus_1354 posted:You don't think using inaccurate dogs as a pretext to search isn't a problem as long as nobody ends up in jail from it? Because that's my big problem with it. If you don't need the dogs like you're saying, then why have the dogs? If we do need the dogs, then we should be really concerned about their false positives. Are you missing the part where I was a public defender fighting these cases? I think I've been extremely clear that in virtually every instance I've ever seen, the drug sniffing dogs only exist to provide a pretext for trampling 4th amendment protections? I'm not sure why you're coming at me here. I must not be communicating well or something. When I say "not a problem" I mean in the sense that nothing can done about it (hence the "relatively") short of immanentizing the eschaton. If nobody goes to jail there's no actionable harm to be addressed apart from the irreducible harm the legal system inflicts by existing. Not from a criminal defense perspective, anyway. Hieronymous Alloy fucked around with this message at 04:32 on Feb 10, 2024 |
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Feb 10, 2024 04:19
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Arkhamina posted:I have a not quite dog level of smell (but pretty good) and I have absolutely driven by or behind cars, with all my windows up, and smelled weed. At highway speeds. Considering how much those dogs/training costs, they better be signalling some of these. I don't know anything about Irish law but surely once you have citizenship getting a passport is a simple administrative process? Why would you need an immigration lawyer for it?
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Feb 10, 2024 06:59
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Hieronymous Alloy posted:I'm not sure why you're coming at me here. I must not be communicating well or something. I understood you I think that dude just has an ax to grind against drug drugs, like they hit on his car when he gave meemaw a ride to the airport and she had her pot gummies or something. Which, fun story, I had a small carry on suitcase with a few suit jackets my brother in law - who had grown fat - gave to me. The airport drug dog hit on the suitcase and I got to spend ten minutes silently cursing that fat big law bastard while they searched the pockets of his jackets. I was frantically trying to remember the case law from such circumstances and in my head I was practicing saying "I want a lawyer." Eventually the dude didn't find anything and let me go. That's not even the most egregious reason I dislike Steve. gently caress you Steve!
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Feb 10, 2024 08:51
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Arkhamina posted:Actual legal question: I have gotten through the dual citizenship (with Ireland) process to be declared a Irish Citizen born abroad, and have a weird certified birth certificate thing. Any idea how much the next step with a presumably immigration lawyer would cost, to get a EU passport? I did the first part with a very confused University legal service attorney like... 20 years ago. I have never hired a lawyer for.... Anything? I have zero ideas on what that sort of thing costs. (In Wisconsin, if it makes a difference). No emergency timeline, I just want to do it, and I am approaching being grown up and debt free in a few months. Red passport cool kids club. If what you have is a certification that you’re on the Foreign Births Register, you’re i already an Irish citizen and it shouldn’t be a difficult process to get a passport from there. If you have some other sort of certificate it’s likely more complicated. If you are indeed on the Foreign Births Register, I doubt you’ll need a lawyer. See if you can find out how to apply for a password on the DFA’s webpage, or call your nearest consulate and talk to passport services.
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Feb 10, 2024 09:31
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First things first. I am an Italian citizen, in a relationship with an American citizen. I understand that in order to move into/work in the US, I would need a work visa, and getting a work visa would require a job offer. If I were to answer a job application and get a positive answer, would that qualify for a job offer? I would like to contribute to the household expenses, even just on a part time basis, before asking my girlfriend if she's willing to drive me to and from work. Are there any pitfalls I should be on the lookout for? I worry that by the time the work visa is processed they will pick someone else for the position. (If it matters, the application would be to work in a library. I have a master's degree and they only want an high school diploma, so I'm hoping I have good chances...) paradoxGentleman fucked around with this message at 14:06 on Feb 10, 2024 |
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Feb 10, 2024 14:01
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paradoxGentleman posted:First things first. I am an Italian citizen, in a relationship with an American citizen. Why in the everloving gently caress would you move to Bartertown my man? Does the idea of the Thunderdome appeal to you more italian wine and food? How???
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Feb 10, 2024 14:17
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If you want a work visa, you need your employer to sponsor your visa. Not all jobs qualify for sponsorship, they need to show they can't find anyone in the US and have to resort to a foreign employee. The job you described probably doesn't qualify. Otherwise you can get married. Either enter on K1 and get married in the US or get married first and apply for a green card before going. You will be able to work then. There isn't much option to come stay with your girlfriend and work casually.
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Feb 10, 2024 14:17
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Nice piece of fish posted:Why in the everloving gently caress would you move to Bartertown my man? Does the idea of the Thunderdome appeal to you more italian wine and food? How??? Italy isn't exactly a cornucopia of job offers either. Also, rather importantly, my girlfriend is there. Guy Axlerod posted:If you want a work visa, you need your employer to sponsor your visa. Not all jobs qualify for sponsorship, they need to show they can't find anyone in the US and have to resort to a foreign employee. The job you described probably doesn't qualify. That's good to know but even if I rushed there and got married ASAP I imagine they'll find someone else for that position in the meantime.
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Feb 10, 2024 14:31
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paradoxGentleman posted:Italy isn't exactly a cornucopia of job offers either. Also, rather importantly, my girlfriend is there. Have your girlfriend move to Italy with you. Problem solved
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Feb 10, 2024 16:47
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Hieronymous Alloy posted:
Because the police stopped responding to him on Facebook
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Feb 10, 2024 17:48
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paradoxGentleman posted:Italy isn't exactly a cornucopia of job offers either. Also, rather importantly, my girlfriend is there. Budget 12 months to process any marriage visa. The process will be slow and expensive. Maybe seek out a PhD in library science or whatever your field is? Enter on a student visa, do your OPT, and then maybe you will have an employer who will sponsor you to stay, or by then you can do a AoS to a green card. (This isn't e/n but you should talk about your plans before you end up in a situation where your choices are to get married or leave)
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Feb 10, 2024 23:42
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paradoxGentleman posted:(If it matters, the application would be to work in a library. I have a master's degree and they only want an high school diploma, so I'm hoping I have good chances...) I wouldn't count on that. If you're dramatically overqualified for a position, there's a good chance you won't get it. They may think you'd be bored in the role, or that you misunderstand what the role is.
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Feb 12, 2024 21:31
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You cannot be overqualified to work at a library, if anything it should be a good sign. Many places require a Master's in Library Science just to be considered.
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Feb 12, 2024 21:42
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bird with big dick posted:Some Nevada lawyers are telling me that product liability SoL is 2 years and some are saying it's 4 years and it's really annoying that lawyers whose websites claim these lawsuits are part of their services can't even agree on something that basic. One lawyer that emailed me that it was only 2 years actually emailed me back 4 days later and said he thought he was wrong and it was actually 4 years. But he also said he didn't handle those sorts of cases which is the primary response I've been getting. Got one referral that looks promising but haven't heard back from them yet. I think it's quite likely I don't have a good enough case, but I want at least one or two people to tell me that.
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Feb 13, 2024 03:31
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bird with big dick posted:One lawyer that emailed me that it was only 2 years actually emailed me back 4 days later and said he thought he was wrong and it was actually 4 years. The only advice I ever give anybody about statutes of limitations is "a statute of limitations may apply so if you want to pursue legal action talk to a lawyer as soon as you can."
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Feb 13, 2024 03:55
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Lol kinda like this:quote:This is not a type of case I handle. I am unaware of the timing of the statute of limitations of your case which you mention nor which state’s laws may apply. I recommend that you contact other counsel at once to protect your rights.
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Feb 13, 2024 04:17
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Arcturas posted:Waiting on an appeal is miserable, and you're probably looking at another 6 to 18 months before you get a ruling from the appellate court. Hopefully your attorney can force them to put up a significant bond pending appeal, to at least guarantee you're going to be paid at the end of it. They say they don't need to put up a bond because the insurance company already paid out the max, but the judgment isn't just against the insurance company so that doesn't make a lot of sense to me. I guess it's not a huge concern since the guy doesn't have access to his assets anyway because of the BK but I guess it'd be nice if he was either denied an appeal due to not being able to put up a bond or if someone else (whoever is funding the appeal??) were forced to put up some bond for him.
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Feb 14, 2024 16:16
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Greetings, I need to post this again, with an absolutely maddening update. Again, I appreciate anyone who reads this. To the goon that had responded, my friend did get a lawyer but did not do any good it seems My friend is about to lose her children to a nut case who has never paid child support, who has done coke has threatened her in front of mediation, has gloated about beating up people while in the military, stolen ammunition, creates ghost guns and more. All because she may test positive for Delta THC (that is sold at every gas station) in the oh so great state of South Carolina. His lawyer has specifically requested fingernail testing which she probably won't pass. She brought in stacks of affidavits from her friends that he has harassed, from the schools and her sons counselor. But none of that seemed to matter. Oh and somehow she's going to have to pay HIM child support even though she has been hardly able to work since she takes care of her parents What in the absolute gently caress? Are there ANY resources of any kind or something that anyone could direct me towards, please.
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Feb 15, 2024 01:44
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Does she have a lawyer? She should get a lawyer. Delta-8 is illegal in SC (unfortunately), even though you are correct that every gas station sells it. https://www.collinsandlacy.com/an-update-on-delta-8-in-columbia-sc/. Most of what you're saying sounds like what the other side is asking for not what a judge has actually found or ordered. Generally most SC judges don't actually care about pot by itself but they generally do care about all those other things you mentioned. I would strongly suggest she retain counsel if she has not already done so. If the dude is testing positive for coke, but she's only testing positive for THC, but somehow he's ending up with custody, and both sides are represented by competent counsel, most likely something else is going on or you aren't getting the full story. Hieronymous Alloy fucked around with this message at 02:10 on Feb 15, 2024 |
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Feb 15, 2024 02:03
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Captain Duvel posted:His lawyer has specifically requested fingernail testing which she probably won't pass. What's her lawyer requesting? A coke heads not passing those tests either.
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Feb 15, 2024 07:36
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He's not going to test positive for coke, most likely. He tested positive a while ago and nothing happened. It's safe to assume he stopped in advance enough to call for this test. She said his lawyer specifically requested a fingernail test, I'm guessing because she will most likely test positive. She said the judge literally didn't care about anything else other than that test. He has had only supervised visits every other weekend for the past 2 years and that wasn't even officially court ordered. This guy is a good foot taller than her and had her arrested for domestic abuse shortly after she gave birth to her daughter. He's insane. Everything that has happened in the past seems to just be inadmissible.
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Feb 15, 2024 11:18
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Yeah the only advice anyone in this thread can give you on that is that she should get a lawyer and listen to that lawyer.
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Feb 15, 2024 13:47
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I don't understand why there are supervised visits that are not court ordered. A lawyer is literally the only person who can help, and if all this is happening with a paid lawyer helping her you may not being getting the full story.
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Feb 16, 2024 01:20
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