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kriminal posted:oh my god Delete all of that. What are you doing
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# ? Mar 11, 2012 22:58 |
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# ? Jun 6, 2024 15:58 |
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Yea I agree but not knowing anyone I really had no choice but to screen a few lawyers and pick the best. However I have seen many incompetent people in positions they do not deserve.
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# ? Mar 11, 2012 23:26 |
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Anyone have any experience if you get convicted with a DWY? (lost case) Is it possible to offer huge ammount of community service in exchange of a clean record?
kriminal fucked around with this message at 23:35 on Mar 11, 2012 |
# ? Mar 11, 2012 23:30 |
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kriminal posted:I may get fired / loose my visa status for this incident. If you are on any sort of visa (poo poo if you are anything except a US citizen) make sure that your lawyer either has immigration experience or is consulting with a real immigration attorney on your case. It's not rare for a criminal defense lawyer to get what would be a good deal for most people, but still means getting shitcanned for an immigrant.
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# ? Mar 12, 2012 01:42 |
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kriminal posted:Anyone have any experience if you get convicted with a DWY? (lost case) Is it possible to offer huge ammount of community service in exchange of a clean record? It varies wildly depending on where you're from... So.... where are you from?
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# ? Mar 12, 2012 02:30 |
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Schitzo posted:You will get your phone call. Use it. Ask your lawyer to read you the criminal code, page by page, including annotation, and pray you have an efficient liver. If the cops force you off the phone you have a potential charter breach. Make it clear that you weren't finished consulting with counsel. Eventually you'll need to blow into the real machine. Pray. How is this effective? Can't they just do the math to project where you were likely at 3 hours ago after they get your current BAC% (assuming you're on the phone for 3 hours)? Ex: The liver metabolizes alcohol at a rate of 0.015 per hour, say you test a 0.045 3 hours after arrest, that would place you at 0.09 Or is that stuff not allowed because everyone is different or something?
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# ? Mar 12, 2012 14:28 |
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CADPAT posted:How is this effective? Can't they just do the math to project where you were likely at 3 hours ago after they get your current BAC% (assuming you're on the phone for 3 hours)? They do it, but it is just an estimate. Plus juries get hung up on the number.
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# ? Mar 12, 2012 16:10 |
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My wife and I are new to remodeling our house, and we have pretty much broke every rule that there is when it comes to hiring a reputable contractor. Having tried to do most of the renovations ourselves and failing miserably we came home to a business card on our door stating that if we needed any help with plumbing, drywall, painting, or any handyman associated work to give him a call. So we did, and he came by the very same day to give us a quote. He is local to our area, and gave us a very reasonable quote to work on our plumbing, drywall, tile, and hardwood flooring. He quoted us at $2700 for the entire job. We accepted, and he asked for a down payment of $700 for materials and then he stated he wouldn't need any more until the job was completed. We paid him the $700 in cash, and he told us he was going to come the next day and begin the work. The next day he showed up and started preparing our kitchen floor. He told us that our $700 had been spent in materials and asked us if we could give him another $700 towards the cost. We agreed thinking that the normal procedures would be half up front and the remainder upon completion. His requests did not seem unreasonable. He then left and told us he was going to buy supplies and he would return on monday. True to his word, he returned monday morning, however that day all he brought with him was a sob story stating that he had come upon hard times and that he would get evicted from his apartment. He wanted to add on to the contract that we had signed and said that we would give us a really good deal if we agreed to more work and gave him more money. At this point we didn't have a lot of money, and we are still struggling at this point. So we had to deny his offer but we told him that we understood that if his home wasn't in order that he couldn't focus on the job at hand. So we told him to take a couple of days off and get his problems sorted out. This saga continued for over a week and finally he told us that he was struggling and would either refund our money or continue the work on the next monday. At this point, we were very skeptical of his true intentions so we stated we wanted our money back. We asked for his drivers license, and also wrote down his number plate just in case he disappeared over the weekend. At this point we needed to hire another contractor before the next rent was due in our apartment so we could move into our mortgage free house. The next contractor was one recommended to us, and things are going very smoothly with him. We should be able to move in next week. Another week on of promises, and excuses, we still haven't received our money. He gave us a written "statement" that he would pay us back the money he took from us. Tomorrow is the day that was agreed on his written statement. He called me today to confirm meeting him at my house so he could give me my money back. My wife and I are skeptical that we will ever see the money that he owes us, because of how many times he has come to our house with an excuse instead of the money he owes us. At this point, we are curious as to what kind of legal action we can take, if for whatever reason he doesn't have the money tomorrow. Can we call the cops? Do we even have a leg to stand on? Just to clarify I live in Ohio, so i'm not sure if it differs from state to state. Any info anyone can give would be greatly appreciated.
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# ? Mar 13, 2012 03:29 |
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SirDrinksAlot: The police don't care, nothing criminal happened. (unless there's some crazy specific Ohio law regarding fraud and contractors, which I'm too lazy to research) But you can definitely sue the guy and win for $1400. No question, you paid him to do a job and he didn't do it. You don't necessarily need a lawyer to do this. You could go to your local courthouse, and you want the clerk's office. They may walk you through the paperwork, or hand you a crazy looking form with no explanation. There will probably be a fee to file the lawsuit, something like $50. You would have to attend at least one hearing, perhaps several. You've also got to know where he lives, and since he's being evicted from his apartment... But let's assume you get him. Here's your major problem: Winning a judgment against him is probably gonna net you negative 50 dollars. Once you win a legal judgment, that doesn't mean they hold him upside down for you until he pays. You can try to garnish wages, freeze bank accounts, have a sherriff levy (sell) his personal property. But the court doesn't find out where he works or banks. And even if you found out, what are the chances that you're going to hit anything? Most likely you'll be standing in a line of creditors that he's used to dodging. It's a punch in the stomach, but you are probably just out the money. The legal system will give you a judgment, but it can't draw blood from a stone. Based on what you've said I'd give you a minimal chance of actually seeing money back from a judgment. That sucks. Right now, your best bet is to tell him something like: "look we understand you're going through a rough patch, refund us $200 and we'll move on." You are not likely to get that, but it doesn't hurt to try. Sorry for the bad news man. woozle wuzzle fucked around with this message at 05:07 on Mar 13, 2012 |
# ? Mar 13, 2012 04:51 |
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woozle wuzzle posted:SirDrinksAlot: Doesn't hurt to contact the local PD's fraud unit.
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# ? Mar 13, 2012 05:48 |
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SirDrinksAlot posted:My wife and I are new to remodeling our house, and we have pretty much broke every rule that there is when it comes to hiring a reputable contractor. If so, you can take action there. If not, what he did is probably a crime.
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# ? Mar 13, 2012 06:15 |
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nm posted:Is he a licensed contractor? It'd be theft by deception, and with $1400 gone, a 5th degree felony ($1000-$7000 gone). (definitions) The good bit is, you've got good ID and good ways for the police to get a hold of him. That'll help them be more interested. How well did you document the work/lack of work before you brought in the new contractor? That might be the sticky point for a prosecutor. (which at worst would push it back to a misdemeanor)
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# ? Mar 13, 2012 13:52 |
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Where is the fraud or deception in that fact pattern?
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# ? Mar 13, 2012 14:21 |
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Thank you all for the advice. You have been much more helpful than my friends and family. I am meeting with him in a few hours I'll let you know if he has the money which if he does great, if not I'll let you all know what the local police have to say.
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# ? Mar 13, 2012 14:31 |
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euphronius posted:Where is the fraud or deception in that fact pattern? Where are the supplies he supposedly bought?
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# ? Mar 13, 2012 14:47 |
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That is possible. He may not have receipts for supplies. It smells more like simple breach rather than a crime. It could be a crime, I don't know. euphronius fucked around with this message at 15:00 on Mar 13, 2012 |
# ? Mar 13, 2012 14:58 |
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euphronius posted:That is possible. He may not have receipts for supplies. It's a fairly common pattern for contractor fraud. And it's definitely a breach. It just may also be a fraud.
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# ? Mar 13, 2012 15:09 |
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Drinks, I'm not a lawyer or anything. I found Ohio's state licensing board's website, here. The state does not regulate general contractors, only plumbing, HVAC, electrical, hydronics, and refrigeration, which it provides full lists of in comma separated format. It does mention, though, that the local government may regulate, so check with your municipality if this is still an area of concern. If you live in a major metro area, they very well could require licenses.
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# ? Mar 13, 2012 17:26 |
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euphronius posted:Where is the fraud or deception in that fact pattern? Entering a contract with no intention of performing while making a representation that the parties relied on to their detriment. I'd allege fraud and breach.
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# ? Mar 13, 2012 19:00 |
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BirdOfPlay posted:Drinks, I'm not a lawyer or anything. That's the thing that confused us he stated that he had gotten permits to turn on the water ect. So we thought that he was a legitimate licensed contractor as he never stated otherwise. Our new contractors have bid us over half of what the first contractor did and they are fully licensed And near completion of the job. I do have some good news though we met with the first contractor this morning and he gave us another sob story but he also came with $700. He asked for us not to call the cops and that he would pay us off the rest later. We said that it was no problem we were just happy to have some money back and if it took him some time to get the rest together that it was fine and that we were regretful that things ended up the way they did and wish that we could have been more flexible. He said thanks and he would keep in contact. So we figure at this point if he runs off with the rest I probably wouldn't pursue it as the other $700 would be helpful its not worth our time and effort. Thank you all you guys put my mind at ease knowing I had some kind of legal recourse if things had gone a different way.
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# ? Mar 13, 2012 19:23 |
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Yeah that is good. It honestly sounds to me that the guy was in a hard place for real rather than trying to rip you off. CaptainScraps posted:Entering a contract with no intention of performing while making a representation that the parties relied on to their detriment. I'd allege fraud and breach. Yeah I know. But is tough to prove that "no intention of performing" part, especially in the context of contracts. Case law wants to label these situations breaches rather than fraud. At least in my limited experience.
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# ? Mar 13, 2012 19:27 |
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euphronius posted:Yeah I know. But is tough to prove that "no intention of performing" part, especially in the context of contracts. Case law wants to label these situations breaches rather than fraud. Yeah, I'm with you. Might as well try for it and see what discovery cooks up, though.
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# ? Mar 13, 2012 19:38 |
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CaptainScraps posted:Entering a contract with no intention of performing while making a representation that the parties relied on to their detriment. I'd allege fraud and breach. IANAL, but for my own curiosity on this. Wouldn't the fact that he did, in fact, come to work there and attempt to work, give him a pretty good angle to attack the claim that he didn't intend to complete? I mean, heck, couldn't he even counter that he is due something for services rendered? Unless bid work has a whole lot of other oversight beyond normal service work...
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# ? Mar 13, 2012 19:41 |
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euphronius posted:Yeah I know. But is tough to prove that "no intention of performing" part, especially in the context of contracts. Case law wants to label these situations breaches rather than fraud. Might as well try to get the local PD to start the discovery process for you
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# ? Mar 13, 2012 22:15 |
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kriminal posted:Thanks I already spoke with a lawyer and will proceed for the hearing before the 15 days since the arrest. This is my first offense. (Disclaimer: I have liver problems so I've never actually drank before) I don't understand why anyone would refuse a breathalyzer test unless they were drunk?? I mean, it's what ten seconds and then you're in the clear? Unless you were drinking, of course.
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# ? Mar 14, 2012 01:55 |
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Because you can have alcohol in your system below the legal limit and don't want to risk a false reading?
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# ? Mar 14, 2012 04:30 |
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NancyPants posted:Because you can have alcohol in your system below the legal limit and don't want to risk a false reading? Can't you also be charged even if you are under the limit, but are too impaired to drive?
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# ? Mar 14, 2012 04:35 |
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Goontastic posted:Can't you also be charged even if you are under the limit, but are too impaired to drive? That said, I generally think refusal is a bad idea, but I'm admitted in states that punish refusal worse than a DUI.
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# ? Mar 14, 2012 04:56 |
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SlenderWhore posted:(Disclaimer: I have liver problems so I've never actually drank before) In some states, you're already arrested for DUI by the time the breathalyzer issue comes up, even if you subsequently blow a 0.00% (though that result would probably help getting the charge dismissed). Failing the breathalyzer is an additional DUI charge with the separate element of driving with a BAC over .whatever%, so no real need to rack up a second misdemeanor for no reason. Second, breathalyzer accuracy issues. The jury is probably going to treat the % like it was issued from God, despite a host of problems that could have arisen. I worked in a jurisdiction where they hadn't run diagnostics on one of their machines in a 3 year stretch from 2004-2006. That, combined with the wildly varying results you get given your particular body weight, metabolism, etc. can mean that you could feel completely sober and still blow over .08, or feel rip roaring drunk and blow under. They have little charts to show how many drinks/hour gets you where at what weight, but I have yet to see anyone with it on their person out at a bar, along with a stopwatch. Third, the administrative penalties for refusal are usually less than what criminal charges you'd get for failing (nm's jurisdiction I think is an exception to the norm), so it's a hedge bet for those that are risk-adverse arrestees.
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# ? Mar 14, 2012 06:28 |
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SlenderWhore posted:(Disclaimer: I have liver problems so I've never actually drank before) Also, https://www.youtube.com/watch?v=i8z7NC5sgik
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# ? Mar 14, 2012 07:59 |
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Stupid question. My waiter and waitress friends always complain about patrons who leave without paying and how it comes out of their wages. Is this even legal or is it a bar/restaurant owner abusing his staff? Most the complaints I see are NJ/PA in case if that makes a difference.
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# ? Mar 14, 2012 19:34 |
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Depends on the labour code where you live. I don't know NJ/PA, but that would be illegal here -- can't penalize workers for mistakes (ie: you drop that plate, it comes out of your cheque) Unfortunately, a lot of employers, especially in hospitality, don't really care all that much about employment standards
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# ? Mar 14, 2012 20:35 |
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spregalia posted:Stupid question. My waiter and waitress friends always complain about patrons who leave without paying and how it comes out of their wages. Is this even legal or is it a bar/restaurant owner abusing his staff?
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# ? Mar 14, 2012 22:01 |
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spregalia posted:Stupid question. My waiter and waitress friends always complain about patrons who leave without paying and how it comes out of their wages. Is this even legal or is it a bar/restaurant owner abusing his staff? This is illegal (albeit widespread practice) in most states.
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# ? Mar 14, 2012 23:28 |
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I have a question about restraining orders. (I'm in Tennessee, BTW.) Back Story August 2011, I slapped my (then) boyfriend (I know that was wrong) when I discovered he had been cheating and lying for 2 years. He then proceeds to beat me up. I did bite him in self defense (he had me pinned and was hitting me). I fled the scene because I was scared for my life, but he had called the cops. Because he made a call and I wasn't on the scene when police arrived, I ended up being booked and held for 12 hours. The charges were thrown out of court, so I have nothing on my record. He had failed to prosecute. I had a lawyer who said this was pretty cut and dry, that even if he had showed, I would have had my charges dropped. Present Issue Said ex still emails me regularly, even after I told him to stop. Each e-mail causes me to have a panic attack, and I'm constantly afraid of running into him. I changed the filters on my account to send his emails directly to a folder tilted "PROOF", but he has gone so far as to send me messages through a third party. I want him to stop, and be gone from my life so I don't have to be afraid anymore. Is this enough to get a restraining order? The only reason I'm hesitating is because I'm still in debt from the initial booking/bail and lawyer fees, and I can't afford to apply for an order and have it backfire and owe more money for court fees and (potential) lawyer costs. Am I being a big baby? The fact of the matter is I'm living in fear and I desperately want this to go away.
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# ? Mar 15, 2012 05:05 |
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I've researched this several times, and everything points to me being ok in filing. But I'm just terrified of trying and failing, not only for financial reasons, but also what he might do as a result. For example, the night that happened, I was going to tell him I thought I was pregnant. I didn't actually find out until September, and when I told him he just berated me for an hour over the phone.
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# ? Mar 15, 2012 05:13 |
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It doesn't cost anything to file for an order of protection. Start here or here. joat mon fucked around with this message at 05:31 on Mar 15, 2012 |
# ? Mar 15, 2012 05:27 |
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The hard part if generally service. I highly recommend using a professional process server (or the police, if available in your jurisdiction). Lay people either serve the wrong stuff, disappear, and a friend is generally a poor witness should he violate (I certainly have had cases where the friend never actually served the papers).
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# ? Mar 15, 2012 06:40 |
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Thanks for the responses. Apparently, it's illegal throughout the entire U.S. http://www.dol.gov/whd/regs/compliance/whdfs16.pdf
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# ? Mar 15, 2012 07:21 |
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# ? Jun 6, 2024 15:58 |
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spregalia posted:Thanks for the responses. Apparently, it's illegal throughout the entire U.S. http://www.dol.gov/whd/regs/compliance/whdfs16.pdf I realize that says "An employer improperly requires tipped employees to pay for customers who walk out without paying their bills or for incorrectly totaled bills." but the whole opinion letter otherwise deals with that only being illegal in cases where it drops salary below the minimum wage. Can someone confirm this is illegal?
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# ? Mar 15, 2012 07:46 |