Legal Questions: do not communicate with the demon at all except through your genie

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nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Could have plead at arraignment.

Pleading without BAC results is a huge no-no and why people should hire a drat lawyer. Watch it come back as a .06.

# ¿ Oct 5, 2010 05:01

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# ¿ May 16, 2024 06:32

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Maybe.
Talk to an employment lawyer in your state.

# ¿ Oct 7, 2010 23:51

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

joat mon posted:

How severely to charge (and whether to charge at all) is the DA's call. Around here, a person could gather signatures to call a grand jury to hear a case the person thought he DA ignored; I don't know about Brooklyn. Call the DA and ask why he/she charged so lightly, it can't hurt. There might be other information that you don't know (since you don't know anything from leaving the subway to waking up in the ambulance). The DA may have identification problems, maybe you did something (that you can't remember) that would make it harder for the DA to prove the case, maybe the eyewitnesses are going squirrely or some other problem with the case that makes the DA want to go for the easier conviction rather than maybe losing everything if he/she makes the stakes higher.

Another reason might be that they don't know how much he was injured. the police report might not say.
This would likely be charged as a strike in CA, though it would get negotiated down for a plea.

If they don't help you to your satisfaction, NYS has some crime victims rights stuff:
http://www.ovs.ny.gov/Services/Advocates.aspx

nm fucked around with this message at 01:04 on Oct 10, 2010

# ¿ Oct 10, 2010 01:00

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Wyatt posted:

No, people only get in trouble for crimes they commit in sight of the police.

here is what I think he is confusing.
In CA, an officer cannot arrest someone for a misdemeanor unless he saw the behavior (with some exceptions for domestic violence and what not). You can still be cited and released.
You can also be subject to citizen's arrest, which while technically different, feels the same to the suspect.

# ¿ Oct 13, 2010 16:43

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Alaemon posted:

I have to assume you folks mean "make a warrantless arrest" of a misdemeanor defendant when the misdemeanor was not committed in the presence of the officer.

A full-on "cannot arrest" seems absurd.

Yes

# ¿ Oct 13, 2010 23:26

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

CaptainFuzychin posted:

Okay, I have another California Traffic Citation question for those that can help.

I just got a really lame ticket. It was for running a red light, at one of the intersections in Culver City where they have cameras that snap your picture if you cross the line when the signal is red. According to the photos and video that I can review online, I rolled up to an intersection, slowed down, and without coming to a complete stop took a right on red turn. For this, I was cited $466.

I distinctly remember the event happening: I had enough time while slowed down/stopped to see the camera flash, look straight at it and wonder why it just flashed, look at the rest of the intersection to see if someone else ran it, and then kept going. However given the fact that I can't really argue with the video, I understand being cited for failing to stop before taking a right on red (even though nobody stops for them in LA and the video shows someone else doing it immediately before me), but I do have a problem paying such a ridiculous amount of money for it. Besides that, I flat out do not have the money to pay the ticket, and I'm about to move out of Los Angeles because I can't pay my rent.

So I see it as I have three choices: do a trial by written declaration, request a court date, or just leave LA and don't pay the ticket. Obviously the last one is stupid, but I need to pay the ticket for either of the first options and I just don't have the money (and have no one to borrow it from). If I had the time, I'd request a court date and just stay in LA until I could go to the court date and hopefully get the fine reduced or thrown out. But as of the end of this week I'm gonna be homeless, and I have no money to pay the fine to begin with anyway, which you have to do before scheduling a court date.

My question is, is there any way I can convince them to let me either pay only part of the fine, pay it in installments, or even spend a night in jail rather than paying the fine? Is there any way I can get this appeal taken care of before December 1st (even though the 'due date' is the 24th and I can only assume it'll take them a while to schedule any other court appearances)? I'm going to the court on monday to try and settle this, but I don't know what to say other than "I'm sorry but I'm not paying this ticket because I have no money left, do your worst."

We tried to change this poo poo and the governator vetoed it.

# ¿ Oct 31, 2010 07:25

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

http://www.steele-law.com/
These guys look legit.

# ¿ Nov 2, 2010 05:00

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Hungry Joe posted:

I've been doing some reading and I now know they're legit but do they actually have a case against me? I'm not responsible and my computer is clean. Am I hosed just because the bill is in my name?

They may be legit, but is the letter?
They're a bankruptcy and family law firm, not an IP firm. (My "they look legit" is sarcastic.)
It would be worth speaking with a lawyer, but it sounds like BS to me.

# ¿ Nov 2, 2010 05:15

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Loopyface posted:

You were in an accident involving a drunk driver and didn't call the cops?

Yeah, no poo poo. Not calling the cops in any accident that you are 100% not at fault for is always a bad loving idea. Seriously, you need to document that poo poo.
And drunk? You have a drunk driver hit you, and you're golden.

Jesus christ people, how is this so goddamn common. They're going to gently caress you over!

Legal advice from a goddamn lawyer admitted in two states:
CALL THE loving COPS WHEN YOU ARE 100% NOT AT FAULT. DOUBLE IF THEY'RE loving DRUNK.

Yes, caps, shouting, whatever, this poo poo comes up every 10 pages in the legal thread. YOU SHOULD HAVE CALLED THE COPS, DUMBASS.

ChairmanMeow posted:

The guy in the middle car kept saying "we don't need the cops, there doesn't seem to be any damage" it wasn't a 911 situation

Yes, it was. :ughh:

nm fucked around with this message at 16:16 on Nov 5, 2010

# ¿ Nov 5, 2010 16:13

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Zealous Abattoir posted:

Can someone explain to me whats up with due process and how it affects how private colleges work with their students? I mean, I tried to read up upon the subject last night to understand her argument, but either I really am dumb (which I probably am) or she is talking out of her rear end.

She has no rights at a private college.
She was asked to leave private property. She did not. Boom.

Due process applies nowhere in this as far as the prof is concerned.

# ¿ Nov 9, 2010 17:18

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

entris posted:

You should be prepared to pay for the chair, but don't go handing out cash or checks just yet - you don't want that to be construed as an admission of guilt, when you have (at least so far) expressed doubt that you did this. And, in Virginia, even if you pay for the damage you can still be convicted of the crime and sentenced, so don't expect the judge to just say "Welp, he's paid up, let's just drop these charges." It doesn't happen that way here.

Also, understand this: if you've already been charged with a crime under Section 18.2-137, the women can't "drop the charges" - that's a movie thing. In the real world, only the prosecutor gets to decide whether to press charges. So you getting a written agreement from the women is not going to get you out of the criminal charges. Now, it will help if the women feel reimbursed and are willing to tell the prosecutor that they wish the charges were dropped, but the prosecutor gets the final say.

Does VA not have something similar to a civil compromise?
CA has civil compromise, which allows a case to be dismissed over a prosecutor's objection, if the victim is made whole in purely property crimes (excepting domestic violence type claims)?
I agree, he should talk to a criminal attorney before doing anything though.

# ¿ Dec 6, 2010 21:09

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

entris posted:

Good point!

We do have something similar, I'll edit my post. Our statute allows the judge to exercise discretion and dismiss the charges, but it's entirely within the judge's discretion. (And in Virginia, judges tend to be good ol' boys who aren't going to look kindly at a young man with priors who vomited off his balcony.)

I'm always amazed that people seem to think that victims control the prosecution process, and that victims can force the courts to drop charges. It's not the victim who is charging you, it's the state, which has an interest in pursuing justice against you regardless of what your victim wants.

Ours requires judge approval as well, but unless the victim is related or there is some pretty drat serious criminal behavior, it is pretty much always granted. This is in a pretty good ol' boy county (the valley). Judges love this poo poo for petty stuff like this in my experience -- remember if a judge is elected, this is basically the judge giving $500 to a voter who will certainly remember next election time. Also helps that if (a big if) the police report reads like he says, proving intent is going to be next to impossible regardless of intoxication.
That said, always, always talk to an attorney before doing this as you can gently caress yourself over if you don't know what you're doing (and doing it right will always have a 3rd party intermediary like a lawyer doing the deal making). They also know the judges, which can help a lot.

# ¿ Dec 7, 2010 00:49

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

GamingHyena posted:

You know it cost 8 cents a page to view a document, right?

Shut up. I was going to have him look some stuff up for me.

It is free, really. Want to look some things up for me?

# ¿ Dec 7, 2010 07:05

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

eviljelly posted:

In Hennepin County, Minnesota, they have hearing officers you can go talk to. Almost everyone who takes the time to do this gets a deal.

That's because in MN you retain all your rights for petty misdemeanors (aka traffic tickets) except jury and public defender.
This means you can demand a real judge (they won't offer it, but you can) and the reasonable doubt standard. The city will have to put up a real lawyer to try the case. People actually win traffic court cases in MN. They will give away the farm in Hennepin (well, at least the Minneapolis court) and to a lesser extent Ramsey. The suburbs are less generous.
Don't settle for less than a continuance without plea or stay of adjudication in Minneapolis or St. Paul for a "normal" traffic ticket.

# ¿ Dec 17, 2010 03:21

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Do you qualify?

quote:

Q. I have 12 months of service with my employer, but they are not consecutive. Do I still qualify for FMLA?
A. You may. In order to be eligible to take leave under the FMLA, an employee must (1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the start of leave, (3) work at a location where 50 or more employees work at that location or within 75 miles of it, and (4) have worked for the employer for 12 months. The 12 months of employment are not required to be consecutive in order for the employee to qualify for FMLA leave. The regulations clarify, however, that employment prior to a continuous break in service of seven years or more need not be counted unless the break in service is (1) due to an employee�s fulfillment of military obligations, or (2) governed by a collective bargaining agreement or other written agreement.

http://www.dol.gov/whd/fmla/finalrule/NonMilitaryFAQs.pdf

Another resource:
http://www.documents.dgs.ca.gov/ohr/Supervisor/DGSFMLAPolicyProcedures.pdf

nm fucked around with this message at 11:13 on Dec 23, 2010

# ¿ Dec 23, 2010 11:09

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Methodis posted:

Legal question taking place in New Hampshire.

If someone has a restraining order against you, are they allowed to harass you with calls every day, usually several times a day? I'm wondering if we have any legal recourse against this because it feels like a trap.

Thanks.

Get your own restraining order. Call a lawyer ASAP and do not answer these calls.

# ¿ Dec 27, 2010 01:29

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

entris posted:

This, of course, puts aside the bigger issue of whether restraining orders apply to internet behavior like forums usage, which I'm pretty sure they don't.

They most certainly do in California if it is a no contact order.
All communications are banned, and most judges will explicitly mention via websites (and they would be banned even if he didn't).

# ¿ Dec 28, 2010 21:35

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

TheNextDanSmith posted:

Eternally grateful to anyone who has advice on this. Thank you in advance!

Tonight my friend, a Permanent Resident from Italy with aspirations of citizenship, got busted for public urination (which I suppose falls under "indecent exposure") in Brooklyn, New York. This is the second time this has happened to him, though the first one was when he was 17-years-old, and he says it is no longer on his record. He is worried about penalties related to his immigrant status, ranging from deportation to obstruction of his citizenship. He is in general a law-abiding citizen, an owner of an LLC, who was well-behaved and cooperative with the cops. I told him getting a consultation was a good idea, though I think he might be a bit paranoid and hiring a lawyer might not be necessary. Does anyone know what he might be in for and how he should prepare?

He needs to speak with a loving lawyer. A criminal alwyer. Who should speak with an immigration attorney.
Depending on how the law is written, even fairly minor misdemeanors can have someone removed without any recourse, no matter how awesome they are.
He absolutely needs to lawyer up. If you are not a citizen, anything beyond a very basic speeding ticket needs a lawyer. the immigration consequence of a criminal record can be disastrous.

# ¿ Jan 8, 2011 07:27

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

joat mon posted:

By getting a subpoena for the trooper you've thrown away your only chance of winning - hoping he doesn't show up.

The Revised Code of Washington has the state's definition of a speed trap:

Meaning if he got you by RADAR, LIDAR, pacing or any means other than being on the ground and counting the seconds it took you to get from point A to point B, the speed is admissible against you.

They call it speed limit enforcement.

He may want to look into the code to see what foundational documents (if any) are required for admission. In Minnesota, we needed to have a calibration record from both before and after the reading to be admitted. And yes, sometimes we didn't have it or it was flawed. There was a car that for like 2 months had the wrong Radar serial on the record sheet. Lots of dismissed tickets, but they had to go to trial to get that dismissal.
Minnesota also banned using the radar in "lock" mode.
---

With radar, you have a small chance. The way radar works is that it is kind of like a flashlight. It spreads outs. If you were far away enough it can capture any number of vehicles. It will display the highest speed.

Laser has a much, much narrower beam. The spread over the operational distance is minimal. If it was raining you have a strong case. If he was shooting through glass, the ticket should be tossed (some cops actually do this).

Here is how a speeding ticket case is supposed to go down:
Officer gives his qualifications
Officer says that he tested the guns calibration before the shift
Officer saw you.
He visually estimated you speed as [something near the listed speed]
He then used his radar device which came up with [X] mph which confirmed his estimate
He stopped you in a county the court has jurisdiction over (for the love of god, if he forgets to mention where he stopped you, don't have him mention it on cross because he's killed his case. Very rare, but it has happened)
He IDed you. (He will point you out)
You may have admitted speeding
You get found guilty.

Really the only place you can derail is in the middle. You probably won't beat the radar. However, note that radar is supposed to only confirm the officer's estimate. It is not supposed to be the primary evidence, the officer's estimate is (really. Many cops don't really know this, but they know the script and it is supposed to be in the script Many judges don't, only a few grizzled judges who remember the early days or radar or pedantic assholes know). You can exploit this, because he will say he estimated your speed from much further away than he could have. or the timing will be off.
How far away can you estimate speed from? How far away was this car?
How long does it take you to estimate speed? How long did you read the car on radar. Where was the car when you finished reading by radar?
If this time doesn't add up, if he says he estimated you 500 feet away, that took 3 second and he read you for 3 seconds at which point you were 100 feet away. And your ticket is for 70 mph, you can point out that that is impossible given that 70mph is 102 ft/s. And then you can call all his estimations into question. And maybe you win.
And then you still lose because traffic court is almost always a kangaroo court (I used to prosecute traffic).

nm fucked around with this message at 10:40 on Jan 19, 2011

# ¿ Jan 19, 2011 10:26

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Canuckistan posted:

How do you make this point to the judge? Do you make a motion to dismiss after the officer is dismissed?

Just curious.

Yes, you make a motion to dismiss after the prosecution has closed because of insufficiency of the evidence.
Sometimes the judges will do this on their own -- when i was prosecuting my first of second case some judge tried to dismiss because he thought I'm missed it, and he'd gently caress with me. I had a read back, and I had.

LLJKSiLk posted:

RE: Speeding tickets - I understand that some jurisdictions have allowed a person to petition for the source code/technical information of the radar gun that nailed you - as well as maintenance logs/calibration for the gun.

Some jurisdictions drop a case rather than giving up the technical data, or the company which makes the gun may refuse and thereby you can point to your right to face your accuser, i.e. the radar gun and have its results thrown out as inadmissable.

Totally not a lawyer, but I have read of this being successful.

http://law.freeadvice.com/general_practice/traffic_law/speeding_radar.htm

http://www.expertlaw.com/forums/showthread.php?t=31090&page=1

http://www.fluther.com/21047/is-a-radar-gun-a-witness-against-a-speeding-motorist-can/

http://www.aidoann.com/sanjose-ticket/0919-subpoena.html

Any thoughts on that sort of strategy?

Might work in Minnesota, where you have good precedent from the CMI Intoxolyser cases (which made the Intoxolyser inadmissible for a few months until an agreement was reached re:source code).
Elsewhere, probably less so.
In some states you have a lot less rights with a traffic court than a criminal court.
Also remember that judges will do whatever the gently caress they want, double for traffic as no one will appeal.

# ¿ Jan 20, 2011 09:37

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Alaemon posted:

Jurisdiction is proper in the state where the criminal act took place (state 1), the state where the victim was injured (state 2), and the federal system, because it's an interstate crime.

So instead of "I can't be prosecuted for it anywhere," the reality of the situation is "I can be prosecuted for it three times."

On the other hand, if you shoot someone in another country and that person runs to Mexico and the Mexican police trick you into crossing the border you can be convicted of attempted murder in Mexico until it gets overturned by the Mexican appeals court. (True story)

# ¿ Jan 21, 2011 23:36

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Soylent Pudding posted:

Just a law student and don't completely know the answer to your divorce question. From what I do know, you really ought to get a real life attorney.

I'm a real life attorney and I agree.

# ¿ Jan 22, 2011 04:51

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Jefferoo posted:

I need some help, guys. I just moved out to LA, and in the mixup, my car insurance with Progressive expired.

Well, on the night of the first I was making a left at an intersection, and as I'm making the left I see a car appear out of my right side and in the split second I have to decide whether or not to try and blow through and risk getting t-boned or stopping and hoping this guy stops in time or swerves.

I stop. He hits the front of my car. Body damage, shifts the frame, punctures the windshield wiper tank. About $2200 worth of damage. Like I said, accident wasn't my fault, he hit me. He's threatening to take me to court for the damages to his vehicle. Because I didn't have insurance, does this put me automatically at fault, or should I try fighting this in court or even try counter-suing for the damage?

Lack of insurance doesn't make you at fault for an accident.
I would absolutely lawyer up.

# ¿ Jan 23, 2011 08:12

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Jefferoo posted:

How much does a decent lawyer cost?

/e: There were no witnesses, and I didn't witness him take accident photos. I was kind of super nervous and freaking out because I've never been in an accident before and didn't get photos of the accident scene. I got photos of the damage after I was able to drive my car back home. His wouldn't start, at least not when I left the scene.

Defense? A lot?

Plaintiff? 1/3 contingency fee is standard. That said, if your damages are only $2k, few lawyers might take your case.

If he sues you, you absolutely 100% need to lawyer up. That's the cost of no insurance.

# ¿ Jan 23, 2011 08:39

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Solomon Grundy posted:

Okay. Unless he had a green arrow, which he didn't mention having. Happy?

California law is actually a bit more complex than all that.

Right-of-way actually goes to the car already in the intersection regardless of ROW otherwise if the other car had reasonable time to stop and whatever.

Similarly, ROW can be impacted by speed, I don't know CA law in this regard, but in MN, a speeding vehcile gives up all right-of-way.

Kase Im Licht posted:

What lawyer is going to take the other driver's case for that car accident? Its not even that the damages are so low, but where are they recovering it from?

Wouldn't it be about a million times easier for him to just recover under his uninsured motorist coverage?

His under-insured coverage will then recover from OP.
It doesn't sound like OP is a penniless chump, but rather someone who may have assets and missed a payment. OP should also make absolutely certain his insurance was actually lapsed under the law of the state in question. Just because apayment is a day late or something doesn't always mean you're not covered under the law.

# ¿ Jan 24, 2011 03:16

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

baquerd posted:

So is your claim that a quiet, fat, not pleasing to look at lawyer is just as good at swaying a jury or that they practice anyway despite their disadvantage?

Yes, the best trial attorney I know, who does (and wins) a lot of DP and other serious cases, isn't exactly pretty. Seriously, if I get charged with a crime, i will be calling him and paying him a small fortune.

Certainly being handsome and tall doesn't hurt (I'm the latter), but there is much, much more to a jury trial than looking pretty.

# ¿ Feb 2, 2011 17:35

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Mr.Almighty posted:

I got arrested on Tuesday night for misdemeanor obstruction of a police officer and disorderly conduct. I've had a few misdemeanor charges in my past (two DUIS and a possession of marijuana charge). This was in the state of Georgia. How serious will this offense be?

You need a lawyer

# ¿ Feb 4, 2011 08:28

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

joat mon posted:

Get an attorney.
An attorney can help someone keep this off his or her record. Even if it's 'only' a traffic ticket or doesn't mean a suspended license, it won't be the next time. (I know it will never happen again, and someone learned their lesson, but I'm also sure someone said it would never happen this time.)
I don't know about NJ or PA, but around here, your first can get pled to a non-DUI; that helps your record, your insurance and your fines and costs.
Get an attorney.

Yeah, you don't want a DUI on your record if you can avoid it at all.
Lawyer up. Get a public defender or hire a lawyer if you don't qualify.

# ¿ Feb 8, 2011 07:04

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Tai-Pan posted:

1) Do we each need a lawyer or could one suffice?

My impression is (and I never took family law) is that these are much, much more likely to stand up when/if the worth comes if both parties have their own lawyers.

# ¿ Feb 10, 2011 07:01

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Automatonaphobia posted:

Sorry, I was trying to follow the rules and not include too much info about the case.

It is one of the Steele / Hansmeier mass "Does" lawsuits. They are trying to work the embarrassment angle because it is porn. They are apparently attempting to sue a few thousand people in several states for d/ling several different titles, but they are doing it all in one case in an out of state court. Is that enough info?

I was really just wondering if anyone else could share with me their story in a pirating case. I would like to know what to expect.

I would expect to be speaking with an attorney in the field.

# ¿ Feb 12, 2011 06:42

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Criminal or civil?
In criminal, there are two different types of trials.
There is a bench trial, which is presided on only by a judge. He is the fact finder. This will only be mandated in the lowest level offenses. Otherwise, it is a choice of the parties.

Jury trials.
The jury is the finder of fact. However, if upon motion at the right time, the judge doesn't believe the prosecution has given facts that support conviction, the judge can dismiss those charges. In no case in a jury trial can a judge override a jury and find someone guilty.
The judge can do some questioning of the witness, though it is kind of frowned upon.
Judges can also object themselves to lines of questioning, but it better be extremely serious for a judge to intervene. Generally failure to object is the attorney's fault not the judges problem.

# ¿ Feb 22, 2011 22:42

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

joat mon posted:

[Criminal law] Reality: If the DA is asleep at the switch, the judge will glare or cough at the DA until he/she wakes up and starts objecting. In extreme cases, the judge will object sua sponte (of his own will) and berate the defense counsel for their unethical conduct.
If defense counsel is asleep at the switch, the judge's job is more difficult. Generally, he or she will not object for defense counsel because to do so would reduce the chances of a conviction. However, the one thing worse than an acquittal is a retrial - so the judge has to object for an incompetent defense attorney just enough so that the case doesn't get reversed for ineffective assistance of counsel (IAC). Luckily for the judge, IAC is pretty much a dead letter, except in death penalty cases, where it's a merely in hospice care.

[/cynicism] (I've been catching up on unpublished cases.)

Mhum.
Until extremely recently, introducing partition ratio evidence in DUI cases could be ruled inadmissible by a judge in nearly every case with enough supposed that he will never get overturned ever.* But it is still the prosecution's job to object. So I get up, start crossing on partition ration. DA doesn't care or doesn't know. Judge (recent ex-DA) calls us up and say "is there some new case that makes this admissible?" Dammit!
Meanwhile, asking a cop who is currently being sued for lying in a police report if he's ever been accused of lying in a police report? Irrelevant!

*This has now changed, kinda, YAY!

# ¿ Feb 22, 2011 23:15

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

^^^^^^^^^^^
Mhum.
I'm a Ca criminal lawyer, which means I know where you're supposed to be, but not tort law or any civil law at all.

Ruggan posted:

Can anyone comment on the at-fault cases of pedestrian / bicycle accidents? Specifically where the bicyclist was hospitalized but the pedestrian was not. Is it possible for the bicyclist to sue for damages, and in what situations will they have a strong case? This is in CA, for reference.

I can go more in detail if need be.

Need a lot more details.
Did it happen on a sidewalk?

A bicycle riding on the street in CA has the same privileges and responsibilities as a motor vehicle. This means the answer is maybe.
On a sidewalk might be more complex. CA doesn't explicitly ban sidewalk riding, but many cities do. I don't know how the fault would be determined there, but I would likely assume the bicycle would be completely at fault on a sidewalk.

# ¿ Feb 23, 2011 20:35

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Ruggan posted:

Bicycle was on a residential street on which there are no crosswalks. The collision did not occur at an intersection. The pedestrian took one step out from behind a large vehicle obscuring both parties visions of one another, presumably to check for traffic before crossing or entering a vehicle. The bicyclist and pedestrian noticed one another and both shouted but the bike was moving too fast to stop. The cycler was likely moving at a speed near the traffic limit, although it was unclear whether or not they were above or below. The only witness was also unaware of the cycler until the collision.

I tried to keep the account as devoid of personal opinion as possible.

This would likely be treated the same as a car-vehicle collision. There might be a case, I dunno.
Generally on residential streets (This is a legally defined term that not all 'residential streets" might fall under) in CA the ped has absolute ROW (basically the whole street is a crosswalk), but this does not remove some duty of care from the ped.
Someone needs to speak with a civil attorney who knows all the facts.

# ¿ Feb 24, 2011 00:32

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

mrtoodles posted:

edit:
Like nm I really don't know this poo poo either, as I am not an ambulance chaser of any sort, nor will you find my smiling mug in the back of the phonebook. I have never seriously uttered the phrase "call now!" into a camera. nm and I are not your lawyer, and we don't wanna be. (Except nm could probably use the money).

Bull, you private lawyers are whores for money!

How the hell did you get that avatar?

# ¿ Feb 24, 2011 19:08

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

USDA Choice posted:

Is an FBI agent obliged to arrest someone they witness breaking a federal law? Does it matter if they are on duty or off duty? What about if the agent does not witness it but instead hears a confession, i.e. "I smoked a ton of marijuana last night." or "I pirated the latest Photoshop."

I've googled several different combinations of words but can't find anything, it's mostly about job requirements or sites offering to find criminal records.

No.

# ¿ Mar 3, 2011 17:36

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Sonic Dude posted:

Awesome, thank you. I was worried that if I submitted the form with "financial hardship" checked, I'd have to prove that I meet some arcane income-bracket requirement or somehow get screwed. The more I think about it, the more that doesn't make sense, because even someone who normally makes $200k a year is going to be screwed if they get stuck on a long case making the pittance that the county throws at jurors.

On a significantly less-pressing note: Are people in the pool generally allowed to have a phone with games on it while waiting, or should I take an actual, bona fide book?

here they have wifi and plugs so you can bring a laptop.

Generally around here, you can have your phone (off), but they go to the bailiff during deliberation.

# ¿ Mar 22, 2011 00:11

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

PancakeMan posted:

Hey, I hope I came to the right thread. I didn't really want to crap up Ask/Tell with my own. I have a court date for tomorrow for a criminal traffic infraction (driving with suspended liscence first degree). I have no idea what I'm in for, and frankly as it approaches I'm getting more scared.

As a little bit of background, I got a speeding ticket, and, like an idiot, I forgot about it. Cop pulls me over, tells me I've committed a criminal offense, handcuffs me, sits me in the back of the car for 5 minutes, then lets me go with a ticket. I immediately paid all fines 2 days later, got my liscence reinstated, the works. I still have the notice of adjudication.

I have no money for an attorney, and I've tried to find info on google, but to no avail. I'm just hoping I won't have to do anything serious. I'm just a college student and having to go to jail would ruin my life, simply put. I'm really hoping that I haven't done that to myself.

Anyway, it's in the state of Washington if that helps. Hopefully someone here knows.

Edit: 3rd degree, excuse me.

Remember that you might get some points if you plead to this.
In CA, that is 2 points, which will get someone with 2 tickets suspended.
If it is a misdemeanor, in most (at least many) states you have a right to a public defender if you can't afford an attorney. Use that. He may be able to get your fine reduced or plead to an offense without points or maybe isn't priorable.
I would note there are counties in CA that would try to give you 3 years probation for a first, though likely not jail.
In any event this is a bigger deal than a speeding ticket. Speak with a lawyer admitted in WA.

# ¿ Mar 22, 2011 19:48

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

hypocrite lecteur posted:

Holy man, 3 years probation for driving while suspended?

You know, people think California is some leftist paradise but our criminal law sucks a lot.

# ¿ Mar 22, 2011 22:19

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# ¿ May 16, 2024 06:32

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

joat mon posted:

Is that 3 years probation and a dismissal if you complete successfully?
Do you pay supervision fees and have a probation officer during the 3 years?
If you get revoked, can you go in for 3 years or is the potential jail/prison time capped by the original max punishment? (surely DUS isn't a 3 year felony)

Yes and no. You can normally get a 1203.4 dismissal in most cases after 3 years, but not part of the deal.
No. Court probation. However, fine and fee can break $1000 in some counties.
No, capped at 6 mo for standard DUI, 1 yr for certain others (after DUI, with certain notice, etc)

nm fucked around with this message at 05:29 on Mar 23, 2011

# ¿ Mar 23, 2011 05:27

The Something Awful Forums > Discussion > Ask/Tell > Legal Questions: do not communicate with the demon at all except through your genie

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