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Shes had some bad lawyers. I appreciate the feedback. I was just hoping there was something that I could do to help.
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Feb 16, 2024 01:29
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Captain Duvel posted:his lawyer She needs a lawyer who talks to his lawyer. She doesn't need his lawyer talking to her and her talking to you. Also, I understand that this is your friend and you're emotionally invested, but it may be good to take a step back and consider how you can best support her. Blasting her business out to strangers online may feel cathartic, but it's not helping her.
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Feb 16, 2024 01:32
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Trickle legal situation in which you feel trapped and don’t know what to do? Sounds like you’re ready to receive the gospel of the Uniform Commercial Code
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Feb 16, 2024 01:37
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I've always seen the top advice in this thread to be calling the state bar and asking for a recommendation for a good lawyer. Or website stuff, but basically the state bar has several services or options for finding reputable lawyers.
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Feb 16, 2024 01:46
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Captain Duvel posted:Shes had some bad lawyers. I appreciate the feedback. I was just hoping there was something that I could do to help. One bad lawyer. ok, bad lawyer. If someone starts saying all their lawyers plural have been bad . . . maybe it wasn't just the lawyers. No offense to you or your friend, but my gut instinct when hearing stories similar to the one you've shared with us so far is that there may be a lot of facts I have not yet heard. Something's not adding up. One bad lawyer? ok, that happens. Multiple bad lawyers? Statistically unlikely. Bad judge too? Ok possible. Bad judge who for some reason is caring about pot, but not about the ex's nasty record and failure to pay child support and documentable incidents of threats? Seems weird! That's not how the SC judges I know usually react to such things! pentyne posted:I've always seen the top advice in this thread to be calling the state bar and asking for a recommendation for a good lawyer. https://www.scbar.org/public/get-legal-help/find-lawyer-or-mediator/find-a-lawyer/ Hieronymous Alloy fucked around with this message at 01:52 on Feb 16, 2024 |
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Feb 16, 2024 01:47
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Two or more bad lawyers in a row are called 'A Client'
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Feb 16, 2024 06:17
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'A Client' 
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Feb 16, 2024 06:27
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blarzgh posted:I often have situations like this in my practice, where one side or the other side's strategy is to present themselves as judgment proof. Was looking for one of my old posts and saw this and wanted to comment: About a year later that's what happened. We tried to get them to stipulate to a judgment that ended up being about 1/3 of the judgment we got at trial and they of course would not do it. The weird thing about it was my BK lawyer thought that the guy would actually agree to it, despite pretty much knowing at that point (unless the guy was trying to make his financial situation look better than it was in the stuff he sent us) that the guy absolutely could come up with that amount but it would be like 2/3+ of his net worth.
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Feb 16, 2024 19:34
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Well, they don't call me, "Guy who knows about deadbeat dickheads" for nothin
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Feb 16, 2024 23:30
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blarzgh posted:Well, they don't call me, "Guy who knows about deadbeat dickheads" for nothin Better than knowing all about dickbeatin deadheads
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Feb 17, 2024 04:33
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Assuming trump doesn't win an appeal or whatever with the engoron judgement, how does it he state go about collecting on such a massive judgement? Do they start seizing accounts, or do you just expect them a check for hundreds of millions? I'm sure there not so much money sitting around, so it'd require the forced sale of assets right?
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Feb 17, 2024 07:13
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BigHead posted:'A Client' 
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Feb 17, 2024 11:51
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mercenarynuker posted:Better than knowing all about dickbeatin deadheads Hey no need to doxx me, I wasn’t involved in this one
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Feb 17, 2024 13:18
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Can a juror be charged with jury tampering based on what they say during deliberation? For example, people have been charged for jury tampering for handing out flyers outside the courtroom to jurors that explain jurors rights and jury nullification. What if a juror gets into deliberation and informs the other jurors about jury nullification? To take a step back, if during voir dire, a potential juror talks about jury nullification, can they get in legal trouble?
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Feb 17, 2024 14:10
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Skunkduster posted:Can a juror be charged with jury tampering based on what they say during deliberation? For example, people have been charged for jury tampering for handing out flyers outside the courtroom to jurors that explain jurors rights and jury nullification. What if a juror gets into deliberation and informs the other jurors about jury nullification? To take a step back, if during voir dire, a potential juror talks about jury nullification, can they get in legal trouble? Offers by a juror to kill or bribe other jurors for their vote during deliberation in a way that would clearly affect deliberations will likely get charged with tampering. Talking about nullification in deliberations absolutely will not. Talking about nullification in voir dire absolutely will not, unless they are told to stop talking and don't, but that will be for not stopping talking, not for bringing up deliberations.
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Feb 17, 2024 14:28
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Thesaurus posted:Assuming trump doesn't win an appeal or whatever with the engoron judgement, how does it he state go about collecting on such a massive judgement? Do they start seizing accounts, or do you just expect them a check for hundreds of millions? I'm sure there not so much money sitting around, so it'd require the forced sale of assets right? You can garnish bank accounts forclose on real and personal property, seize assets, all that jazz. The State can, and will grab anything that isn't nailed down, and will foreclose on anything that is l.
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Feb 18, 2024 05:03
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blarzgh posted:You can garnish bank accounts forclose on real and personal property, seize assets, all that jazz. The State can, and will grab anything that isn't nailed down, and will foreclose on anything that is l.
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Feb 18, 2024 15:45
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B33rChiller posted:How likely do you think it is that he delays and puts up enough obstacles that they end up having to seize it from his estate? The issue is, When you try to appeal a judgment, You have to post a bond just like when someone gets arrested and wants to be out of jail while they wait for the trial. That means you have to put down some sort of cash or surety (it's like an insurance policy) in order to stop them from collecting on the judgment while the appeal process plays out. Typically you can post a surety bond which means you pay 10% cash to the insurance company on the judgment and the insurance company fronts the rest of the money while they wait on the appeal. However, in New York I don't think you're allowed to do that, or at least that's what I've heard. So in order for him to stop the state from going after his assets while they appeal, he would have to come up with the full 355 million, cash.
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Feb 18, 2024 17:05
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On the other side, just as a practical matter, if you're a judgement creditor and you think there is a snowball's chance in hell that an appeal will be successful, You probably slow down on collecting, so you don't run into the case where you end up having to pay a bunch of money back because the judgment got reduced or even overturned. In between those two positions are special procedures where you put a lien on properties or have them possessed but not sold in order to preserve them for the outcome of the appeal. That prevents them from being sold off, but doesn't actually convert them to the property of the judgment creditor.
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Feb 18, 2024 17:07
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Yeah, I was thinking he might do the whole ignore poo poo, protest, attempt procedural delays at every opportunity shy of an actual appeal requiring a cash deposit. I would guess every little step involved in the actual seizure and sale would present an opportunity to try slowing things down. And the guy is old and not exactly the shining example of health.
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Feb 18, 2024 17:14
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In cases where people jump bail, what happens to the bail money?
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Feb 18, 2024 17:49
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Skunkduster posted:In cases where people jump bail, what happens to the bail money? The court keeps it. Don’t post bail for people you don’t trust to keep to the terms. Or do, knowing you’ll lose that money.
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Feb 18, 2024 17:59
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Ashcans posted:The court keeps it. Don’t post bail for people you don’t trust to keep to the terms. Or do, knowing you’ll lose that money. I figured the court would keep it, but does it get distributed from there? What got me thinking of it was the episode of Better Call Saul where Lalo puts up 7M in cash then skips down to Mexico. Where would that 7M eventually end up?
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Feb 18, 2024 18:04
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Skunkduster posted:I figured the court would keep it, but does it get distributed from there? That's why bail bond companies hire bounty hunters. Because they can't get their money back out of the court until the defendant is brought back in and tried. The event of someone simply skipping the country forever, I believe there is a civil asset forfeiture proceeding they can go through where the state just says " they're never coming back. Let's go ahead and give the money to the county"
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Feb 18, 2024 18:47
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If someone is on bail and dies, does that count as not showing up as well?
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Feb 18, 2024 19:02
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Tunicate posted:If someone is on bail and dies, does that count as not showing up as well? Generally the charges are dropped. You can't prosecute them any further; they can't be served with notice of their court dates. I say "generally" because sometimes prosecutors get really obstinate about demanding proof of death. I dunno man I linked you an online obituary for a dude with the same name and DOB, what do you want here Hieronymous Alloy fucked around with this message at 19:08 on Feb 18, 2024 |
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Feb 18, 2024 19:06
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Hieronymous Alloy posted:Generally the charges are dropped. You can't prosecute them any further; they can't be served with notice of their court dates. bullshit 
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Feb 18, 2024 19:07
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Tunicate posted:If someone is on bail and dies, does that count as not showing up as well? When you die most if not every state will dismiss any charges against you (because you don’t exist as a legal person) which I’m guessing means your bail is returned.
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Feb 18, 2024 19:07
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Phil Moscowitz posted:(because you don’t exist as a legal person)
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Feb 18, 2024 19:31
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If it were, say a fraud or theft case, or something that could have reparations or similar, would the victims just be poo poo out of luck? Have to sue the estate civilly?
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Feb 18, 2024 22:13
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B33rChiller posted:If it were, say a fraud or theft case, or something that could have reparations or similar, would the victims just be poo poo out of luck? You generally always have to sue civilly for damages, whether the individual or the estate. 'Reparations' are almost exclusively a condition of probation, only by agreement of the defendant, in certain types of criminal cases, but they aren't very common to my knowledge.
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Feb 19, 2024 02:13
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Back on the subject of jury nullification, if one juror holds out on a guilty plea, does the court know which juror it was? Edit: can the judge dismiss jurors without needing the prosecution or defense to challenge? Skunkduster fucked around with this message at 02:47 on Feb 19, 2024 |
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Feb 19, 2024 02:44
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No. The other jurors might narc though, but they'd only be allowed to narc after the court declares a mistrial and the case was set for a do-over. In jury selection, sure I guess. Not after that.
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Feb 19, 2024 03:34
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blarzgh posted:You generally always have to sue civilly for damages, whether the individual or the estate. was "restitution". I had heard it ordered fairly recently on a zoom hearing, and was kind of surprised that was a thing that the court would order. But, if I'm correctly gathering what you laid out, that would have been by some sort of agreement?
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Feb 19, 2024 03:53
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B33rChiller posted:Thanks. Re-reading, I remembered the term I was originally attempting Correct; I'm only aware of it as a term of probation. I e. "Charged with fraud, agrees to do 18 months probation and pay $2,500 in restitution, in lieu of jail time."
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Feb 19, 2024 04:02
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Right though in theory you could have probation where the only condition of the probation was payment of x amount of restitution before y time. It's also possible for probation restitution to be converted into a civil judgement.
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Feb 19, 2024 04:05
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Hieronymous Alloy posted:
How does this work? I’ve used guilty plea colloquies as evidence in civil cases but seems there could be due process issues here
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Feb 19, 2024 05:37
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In Alaska restitution judgements are civil judgements with all the rights attached thereto. The State Victims Fund or whatever can garnish the free oil checks Alaskans get every year. Crime victims have a constitutional right to restitution, though the court of appeals hates criminal restitution and never affirms. Restitution is also routinely a probation condition, though trial courts will always order it then refuse to enforce it because they (rightly) don't want to jail poor people for not paying money.
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Feb 19, 2024 06:38
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Phil Moscowitz posted:How does this work? I’ve used guilty plea colloquies as evidence in civil cases but seems there could be due process issues here In FL, it is often in the defendant’s benefit to convert a criminal restitution to a civil judgment because it means they no longer have criminal fines, won’t get locked up for failure to pay, and can subsequently recover the right to vote. The vast majority of these debts are uncollectible, and it is much better to have an outstanding civil judgment than an outstanding criminal fine.
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Feb 19, 2024 14:45
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In Wisconsin, one of the paperwork bits an agent is supposed to do at the end of probation is a procedure where any criminal restitution is converted to civil. There are times where if you do good, and pay back what you owe, you can get off early. Another big thing is (unless this has changed, which it might have) your voting rights are suspended until you pay back the victim in full. I'm (thankfully) about 7 years out of date from working in probation.
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Feb 19, 2024 22:43
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