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Lets say you get a ticket for reckless driving. Within days you're flooded with fliers from law firms begging to represent you for a small fee (typically ~$500) and claim that 90% of their clients get their charge reduced. They'll even appear in court for you so you can stay in bed! My questions are, (1) how do they get your address and mail you the fliers, and (2) what do they say to the judge to get the charge reduced? I imagine they go to the bench and cite a court ruling from 1980, or cite an obscure law or something, and since it got one person off it should get another person off. But I know this is likely not the case. Also, (3) why can't Joe Schmo go to the judge and do this himself (leaving out the lawyer as the middleman) and (4) why can't the lawyer get the other 10% of his clients off the hook?
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Jan 6, 2012 05:17
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935 posted:Lets say you get a ticket for reckless driving. Within days you're flooded with fliers from law firms begging to represent you for a small fee (typically ~$500) and claim that 90% of their clients get their charge reduced. They'll even appear in court for you so you can stay in bed! 1. Listed on the ticket which becomes public info 2. Will meet with prosecuting atty, say 'hey can I get this reduced to a Speeding w/ x points? Also are we still on for BW3 at lunch?' 3. You are not on for BW3 at lunch w/ prosecutor. 4. 'hey can I get this reckless reduced, even though Mr. Client has had 13 recklesses this year?' 'No.'
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Jan 6, 2012 05:46
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935 posted:Lets say you get a ticket for reckless driving. Within days you're flooded with fliers from law firms begging to represent you for a small fee (typically ~$500) and claim that 90% of their clients get their charge reduced. They'll even appear in court for you so you can stay in bed! 1) Public record. 2) They know the intricacies of the law and other relevant court rulings, and how it applies to their client's situation. 3) See #2. 4) "Off the hook" is not the same thing as a reduced charge, but even still some people do some stupid things that no lawyer could help make better for them. Also, breaking the law is breaking the law, and not everyone gets offered a chance to plea down.
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Jan 6, 2012 05:49
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Abugadu posted:1. Listed on the ticket which becomes public info Hell no. Especially is if he was buying that might be an ethical issue.
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Jan 6, 2012 06:12
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Kalman posted:I am not your lawyer, consult someone who is for actual legal advice, etc. Mmmm that is basically what I thought. Thanks for the reply. Siiiigh. Now we gotta figure out what to actually do :P
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Jan 6, 2012 13:48
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Watermelon Daiquiri posted:Can I ask minor questions about the forms for a name change in this thread or is there a more appropriate one? Yes. Probably not.
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Jan 6, 2012 14:30
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Watermelon Daiquiri posted:Can I ask minor questions about the forms for a name change in this thread or is there a more appropriate one? I've helped a number of clients change their name. Ask away.
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Jan 6, 2012 15:42
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Ok cool, thanks. I don't know if anyone has knowledge about Florida's forms, but here goes: The 12 Rules for Courtroom Civility and the Civil Cover Sheet (12 rules and 12.928) have fields for a respondent to be listed, but as I'm just getting a personal name change, I just leave those blank right? On the petition for the name change itself (12.982 a) it says to list the schools I graduated from. Does that include High School? Also, do I include the addresses in with that? Also on the petition, where it asks for previous addresses, do I include addresses from when I was a minor? What if I don't know the exact addresses? And Should I include a rental property we were in for a couple months while we were waiting for a house to be finished? When it asks for previous employers, can I exclude employers I was with for only 2-3 weeks? And is it ok to list 'student' under current occupation, or just 'unemployed'? Thanks in advance, and I hope there is someone who can answer these!
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Jan 6, 2012 16:03
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Abugadu posted:1. Listed on the ticket which becomes public info Oh, and less about lunch dates and more conversations about family and hunting.
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Jan 6, 2012 16:34
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Green Crayons posted:Replace "prosecuting attorney" with "officer who wrote the ticket," and that's what I've seen go down. Namely because I've never seen a prosecuting attorney in traffic court. I've dealt with prosecuting attorneys in some Tennessee counties for tickets against commercial licenses, but they are prosecuted in sessions court so it wasn't really traffic court.
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Jan 6, 2012 16:39
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Watermelon Daiquiri posted:Ok cool, thanks. I don't know if anyone has knowledge about Florida's forms, but here goes: Watermelon Daiquiri posted:On the petition for the name change itself (12.982 a) it says to list the schools I graduated from. Does that include High School? Also, do I include the addresses in with that? Watermelon Daiquiri posted:Also on the petition, where it asks for previous addresses, do I include addresses from when I was a minor? What if I don't know the exact addresses? And Should I include a rental property we were in for a couple months while we were waiting for a house to be finished? Watermelon Daiquiri posted:When it asks for previous employers, can I exclude employers I was with for only 2-3 weeks? And is it ok to list 'student' under current occupation, or just 'unemployed'?
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Jan 6, 2012 16:53
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Watermelon Daiquiri posted:Ok cool, thanks. I don't know if anyone has knowledge about Florida's forms, but here goes: First, with things like this, your first resource is the clerk of your local court. Don't be afraid to call the clerk's office with your questions - they will know the answers and usually are happy to help. Yes, I would leave the respondent field blank on the cover sheet - although to be honest, I would just fill out Form 12.982(a) and take it with me to the courthouse, and then fill in the cover sheet with the clerk standing there helping me. I would include High schools, colleges, vocational schools, whatever. I would not include addresses. The form says to list addresses "from birth" so I would put down every place I ever lived. If I couldn't remember an exact address, I would include the entry on my list with the appropriate dates, and I would make a note that I can't remember the exact street address. That way your timeline is unbroken. I really don't think the court is going to care if you can't remember every address you've ever lived at, including as a kid. I'm surprised they ask for this, actually, as the states where I've helped people are a lot less stringent. For employment, I'm sure you can list student or unemployed. You can probably leave off employment that was short-term, but it wouldn't hurt to list it. The most important part of the name change process, from the court's point of view, is making sure that a) you aren't trying to escape from your creditors, b) you aren't wanted for criminal matters, and c) you aren't trying to commit fraud on the public in some way. Just call the clerk's office if you have additional questions, they will know the answers waaaaay better than I.
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Jan 6, 2012 16:57
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Ok, thanks for the answers! I guess I glazed over the 'from birth' part..
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Jan 6, 2012 17:24
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e: never mind, wasn't made aware of all of the facts which changed everything
Teenagers fucked around with this message at 15:24 on Jan 7, 2012 |
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Jan 7, 2012 15:19
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Is a municipal code (Pacifica, California) under copyright? The publication of the code is contracted out to an exclusive publisher (municode.com) and I understand that unique formating and editorial enhancements are under copyright, but what about the text of the code itself?
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Jan 9, 2012 20:37
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Do Not Resuscitate posted:Is a municipal code (Pacifica, California) under copyright? The publication of the code is contracted out to an exclusive publisher (municode.com) and I understand that unique formating and editorial enhancements are under copyright, but what about the text of the code itself? Yes
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Jan 9, 2012 20:46
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Baruch Obamawitz posted:Yes Bummer. I was hoping that courts had considered muni codes part of the public domain in instances like these. Thanks for your time and reply!
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Jan 9, 2012 20:57
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Do Not Resuscitate posted:Bummer. I was hoping that courts had considered muni codes part of the public domain in instances like these. On the other hand, here's a resource I disagree with (My position is that they are copyrightable, but that almost any conceivable use is fair use)
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Jan 9, 2012 21:03
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Baruch Obamawitz posted:On the other hand, here's a resource I disagree with (My position is that they are copyrightable, but that almost any conceivable use is fair use) Thanks for that link. Prior to posting, I paged thru Nimmer on Copyright which in a single paragraph simply states that 105 does not preclude states from owning copyrights, but offers no illustrative case law. I'll probably have to run a case law search to run this one down. AARP LARPer fucked around with this message at 21:13 on Jan 9, 2012 |
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Jan 9, 2012 21:11
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Baruch Obamawitz posted:On the other hand, here's a resource I disagree with (My position is that they are copyrightable, but that almost any conceivable use is fair use) I think you may be incorrect, but I'm not the ip attorney. I know there's been some issues with this re:penal codes.
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Jan 9, 2012 21:35
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nm posted:I think you may be incorrect, but I'm not the ip attorney. I know there's been some issues with this re:penal codes. Well, the courts are getting it wrong then, insofar as the Copyright Act clearly states that all fixed works are copyrighted except for those created by the federal government, but it's hardly a big deal given that it's all the same result.
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Jan 9, 2012 22:53
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Baruch Obamawitz posted:Yes May I ask what you base your unqualified yes on?
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Jan 9, 2012 23:02
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ibntumart posted:May I ask what you base your unqualified yes on? 17 U.S.C. §§ 102, 105.
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Jan 9, 2012 23:09
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Baruch Obamawitz posted:17 U.S.C. §§ 102, 105. Great, but what do you do with Veeck then? Sure, it's a Fifth Circuit decision and not binding elsewhere, but it's not as if the judges reached their decision in a vacuum.
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Jan 10, 2012 05:47
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nm posted:As a prosecutor, or former prosecutor (I'm not exactly sure what child support counts as), would you have lunch with a traffic attorney? Here, any contested tickets with legal representation requires notice to the prosecution division prior to trial. I learned this includes being an attorney yourself and just contesting your own ticket, according to the former traffic referee who had some interesting opinions. Also, as a child support attorney, I'm no longer a prosecutor, I'm a persecutor.
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Jan 10, 2012 06:51
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Baruch Obamawitz posted:Well, the courts are getting it wrong then, insofar as the Copyright Act clearly states that all fixed works are copyrighted except for those created by the federal government, but it's hardly a big deal given that it's all the same result. quote:State law “determines whether [a public official] may claim a copyright in his I don't know what CA law is for muni codes though. This is why the guy should hire a lawyer. Abugadu posted:Also, as a child support attorney, I'm no longer a prosecutor, I'm a persecutor. nm fucked around with this message at 07:04 on Jan 10, 2012 |
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Jan 10, 2012 07:02
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State: Washington What: Traffic violation What2: I was driving on the highway doing 70 in a 55 zone talking on my cell phone (against the law in my county/state) I was pulled over by an undercover state trooper. After looking at my ID and other information he ended up writing me a ticket for 5 over as a warning ($93.00) but wrote on there that I was doing 70 and on my phone. I have two options that I am considering... mitigation and just paying the fine. I am considering mitigation because I have never been pulled over and have never gotten a ticket. But what I'm wondering is... will the judge see the extra information and possibly make the fine greater or what? Should I just pay the fine?
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Jan 10, 2012 07:08
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nm posted:Westlaw just crashed on my rear end, but the case law in California is this: That, at least, makes sense, like the state decides whether a work is released to the public domain, like any other author.
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Jan 10, 2012 13:59
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Abugadu posted:Also, as a child support attorney, I'm no longer a prosecutor, I'm a persecutor. Red Robin Hood posted:State: Washington The judge will see that you were going 70 and on your phone. The judge will know that the officer knocked the fine down to 5 MPH over the limit. The judge will ask why you think your "first time" doing something incredibly reckless (15+ AND talking on your cell phone? My god, you're worse than Abugadu, you fiend!) should net you a greater mitigation than what the officer already gave you. After your bumbling response, the court will either enforce the 5 MPH over fine or get all irritated that you're wasting the court's time and charge you whatever the full fine is for the 15 over and talking on a cell. In other words, just pay the $100 fine, be glad the officer didn't gently caress you over, and don't speed and talk on your cell phone in the future.
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Jan 10, 2012 14:42
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My mother passed away a few years ago, and I have some questions about the medical care she received in the last few months of her life. I assume that the doctors would release the medical records to my father without much hassle, but my concerns are not something I really want to discuss with him, or any of my other family members. Would I be able to get access to my mother's medical records without my father having to get involved? What kind of lawyer would be able to help me do so?
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Jan 10, 2012 16:21
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Here's the situation (state of Ohio, Butler county): After a year of being in my sorority, last semester, I couldn't pay my sorority dues. I was going to deactivate, but the then-president told me that she would be willing to let me stay for free that semester and she would set up a scholarship account in order to pay for me. I stayed in that semester based solely on this. Come this semester, I still cannot afford the dues, and decided to deactivate. The current president told me that I have to pay my dues from last semester and that no scholarship account was set up by the former president. She said if I don't she'll take me to small claims court. Would she really have a case? I'm stubborn and refuse to pay because if I hadn't been lied to I could have just deactivated last semester and not owe anything (she doesn't know I have no intentions of paying). It would be very annoying if she actually went through with taking me to court over this matter. Fluorescent fucked around with this message at 22:51 on Jan 10, 2012 |
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Jan 10, 2012 22:16
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What county is that in Ohio?
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Jan 10, 2012 22:48
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euphronius posted:What county is that in Ohio? It's in Butler county.
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Jan 10, 2012 22:49
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Call the Butler County Legal Referral Service (513) 896-6671. You should be able to talk to an attorney for 30 mins for like $50 and I think that should be enough to answer your questions. Sorry I can not address your question though.
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Jan 10, 2012 22:52
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FordCQC posted:My mother passed away a few years ago, and I have some questions about the medical care she received in the last few months of her life. I assume that the doctors would release the medical records to my father without much hassle, but my concerns are not something I really want to discuss with him, or any of my other family members. What state are you in?
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Jan 10, 2012 23:30
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Green Crayons posted:You monster. Thank you! I kind of figured as much...
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Jan 10, 2012 23:58
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entris posted:What state are you in? Georgia
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Jan 11, 2012 04:44
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I am in Pennsylvania. My husband and I bought a house recently. The former homeowners were getting a divorce, she was already gone. He couldn't afford the house on his own and was in a lot of debt. We bought the house through a real estate company, did the normal closing at a lawyers office, etc. All pretty standard. The ex-wife was not at closing, the husband was. He had to write a check for over $5k to satisfy his mortgage with Wells Fargo. Our mortgage is through a local bank. I've been getting letters addressed to the previous homeowner and his ex-wife from Wells Fargo about payments being overdue. I also got a letter addressed to them from an insurance company about scheduling a property inspection. I did not open the letters, this is information that was on the outside of the envelope. Each time, I wrote "not at this address" on the envelope and put them back in the mailbox. So I've gotten enough of these letters to make me nervous so I called my lawyers office. They advised me to bring the letters to them and they will deal with it. They assured me that Wells Fargo was paid. My question is this. These are not addressed to me. I don't think I have any legal right to take them to my lawyers office, I have to give them back to the post office, right?
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Jan 11, 2012 15:08
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Quick question for any Canadian lawyers: does the Young Offenders Act introduce some sort of statute of limitations onto indictable offences? Could I still be charged with something I did 8-10 years ago as a 12-14 year-old (not murder or sexual assault; probably harassment and/or simple assault if anything)?
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Jan 11, 2012 17:49
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So, is this legal, or is this "we're going to do it anyways, what are you going to do about it" type of thing. About 6 months ago, my step father had to have some surgery done on his wrist. Insurance didn't cover all the appointments related to it and they owe tidy sum to an orthopedics office. Now my mother is unemployed, and my step father was on disability until 2 weeks ago when he went back to work. As such, they didn't pay any of the medical bills since they could barely afford the mortgage. Now, all of a sudden today, there's been over $800 taken out of their checking account by the orthopedic firm(well a collection agency for them anyways) which is far more than they even had in it, so they're negative several hundred dollars. The thing is no collection process had ever begun. They were served no papers, not threatened with anything, ect. Just woke up and there's all their money gone.
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Jan 11, 2012 18:13
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