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

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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BigHead: Jul 25, 2003; Huh?; Nap Ghost

nm posted:

That is clearly a 242, a 6 month misdo. If it went down the way you say, that is clearly a battery, not some mutual combat bullshit.
If you have independent eye witness who back you up, gently caress that guy and ask the da to press charges.

As a DA, I would happily press charges.

Also, there are misdos in California that get 6 months without lengthy priors / worst offender?

# ¿ Jul 10, 2011 11:08

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# ¿ May 16, 2024 11:38

BigHead: Jul 25, 2003; Huh?; Nap Ghost

Hey nm, and the rest of the PDs who are in this thread, two questions:

How enthusiastically do you fap for a THC DUI with no bad driving?

What offer do you normally expect for a lovely THC DUI? lovely for me, the DA, and good for you.

And also I should mention the cop is possibly crazy and really likes cussing on audio tape. A lot.

# ¿ Jul 30, 2011 10:32

BigHead: Jul 25, 2003; Huh?; Nap Ghost

Bonefish posted:

Traffic Ticket dispute question: My girlfriend was just pulled over for a broken headlight. This was her first time getting pulled over at all. She was flustered. In the process of pulling over from the left lane, instead of pulling across 2 lanes to the right shoulder, she turned on her blinker, slowed down, took a left through a green arrow light about 100 feet down the road, and stopped on a side street. The cop gave her a $120 ticket for failing to yield to an emergency vehicle because he thought she was running away, as well as her broken light. This should be easily won in traffic court, right?

Find the exact statute she's charged with violating and post it here. It should say something like "Failure to Yield 3rd, AS 12.25.030(b)(3)" on the ticket.

# ¿ Aug 5, 2011 02:29

BigHead: Jul 25, 2003; Huh?; Nap Ghost

Holy Diver posted:

What is the best way of recording evidence in a way that will make it likely to be permissible in court? Say that you're transcribing a telephone conversation and date/time are likely to become an issue in the case (the opposing side will claim that you fabricated the evidence in anticipation of the trial)

Is there some sort of file format with an immutable date and time stamp that is accepted as permissible? Or is the only way to have an actuary sign it and have it locked away by a neutral party?

First, I would call your courthouse's clerks office and ask them.

In all likelihood any file format is fine as long as it fairly and accurately reflects whatever it's showing. If it's video or audio, bring your own laptop and a set of speakers. The only exclusive file format my court users is the cop car dash cam software.

In terms of time stamps, you can just say "note event x starts at time A and ends at time B." That is sufficient unless the time stamp is contested or a big deal (which you implied ot is).

# ¿ Aug 17, 2011 20:04

BigHead: Jul 25, 2003; Huh?; Nap Ghost

kgibson posted:

Hi guys, I apologize in advance for a trivially stupid question that has probably already been asked and answered in the thread, but I'm a little exasperated and just need a super quick yes or no.

I am going to be filing for summary divorce in Los Angeles County, but right now I'm on an international assignment. All I need to know is if, assuming all of our forms are completed and signed by both me and my wife, someone can drop off / file the forms at the clerk on my behalf. I've been under the impression that there has to be some power of attorney forms signed, but I'm getting mixed responses from my research about this question specifically.

Power of attorney is way different than what you're thinking. I don't know what you're thinking but it's not a power of attorney. You need a notary maybe? What exactly are you trying to do? Just drop poo poo off at the courthouse? You can mail stuff in probably. I don't know how your courthouse does it but mine only requires people to be physically present for a few things.

Call your local courthouse and see if they have some sort of family law self help center. If so, then use that resource to its fullest.

# ¿ Sep 13, 2011 07:59

BigHead: Jul 25, 2003; Huh?; Nap Ghost

ganglysumbia posted:

I think I will plead not guilty. Having called a few local lawyers they seem to advise that route. However, I am a poor young working college student. I would prefer not to have to use a lawyer, as the cheapest one was $450. Would a court appointed one be just as well?

Court appointed lawyers are fine. It is a really bad stereotype that they suck. Unless you are in the south in which case they do suck. Anyway get a court appointed lawyer if you qualify.

Also, I'm a DA and I hate dealing with people who represent themselves, plead not guilty, and just let their case languish. If you go the self representation route, take an active role in your case. Call the DA to negotiate, request the discovery, etc.

BigHead fucked around with this message at 07:14 on Sep 14, 2011

# ¿ Sep 14, 2011 07:10

BigHead: Jul 25, 2003; Huh?; Nap Ghost

ganglysumbia posted:

The request for discovery, would there be any backlash for me going about this in such simple case? And in regards to calling the DA, how does one go about this? I do not know what grounds I have to negotiate on.

Get a lawyer.

In my office, you can just show up and ask for copies of the paper disco, or call before a court date and ask that the secretaries put an extra copy in the file. You need order cds. But get a lawyer.

# ¿ Sep 15, 2011 02:34

BigHead: Jul 25, 2003; Huh?; Nap Ghost

octobernight posted:

Thanks, I figured as much. I just hope the dentist can track down the insurance person they talked to. It's such a dumb mistake to not give the correct amount of benefits left over.

You and your dentist did what is known as a verification of benefits. A verification of benefits is not a guarantee of coverage by your insurance company.

# ¿ Oct 1, 2011 07:16

BigHead: Jul 25, 2003; Huh?; Nap Ghost

Mr.Showtime posted:

This is in Toronto Ontario.

In June of 2010 I was a witness to a murder. I was brought in that night for questioning, gave a video and audio recorded interview and then driven home 5 hoursish later. A couple days later the suspect was caught and I was brought in to do a photo lineup.

That was the last I was contacted until Thursday afternoon when a police officer called me informing me that I needed to pick up a document ASAP because I was needed to be a witness on Monday the 3rd (4 loving days?). I picked up the document this afternoon and it says that I need to be at the courthouse on Monday at 10 am and will be called that day (hopefully) to the witness stand. The subpoena was from Sept 15th and I dunno why it took them so long to track me down, as they had all my information like current address, phone number, where I go to school etc. but whatever that doesn't really matter.

So what exactly happens on Monday? The only sort of experience I have when it comes to a courtroom is bad Canadian tv. I also don't really remember the details as clearly as I thought I did a year and a half ago. It was traumatizing as gently caress and I do my best not to think about it so everything is a little hazy other than a couple of really distinct sounds. If my testimony at trial doesn't match my interview then what?

I have a number for a detective to contact if I have questions, but she never got back to me after I had called late this afternoon and I don't really know any lawyers in the city that could advise me. I'm sure I won't have much of a problem on Monday but I'm a little anxious as I thought if this ever came up I'd have more than 3 days to get my poo poo together and face this again.

Anyway, any advice would be super helpful.

Thanks.

In addition to what nm said,

Try calling the prosecutors office monday morning. It's really lovely that they gave you this little notice, but in my office we have a paralegal standing by specifically to field calls during big trials like this. Heck someone is p probably there this weekend.

When you show up to court, expect everyone to be running late so bring a book. When you take the stand, you will just be asked questions. Answer them as best you can, but as a lay person, nobody is expecting you to be completely nerve free. Relax, it will be fine.

If you don't remember something as well as you did during that initial interview, don't worry. Just say you don't remember since it was such a long time ago. Also they should really have let youreview the interview, or at least called you to prep you. Now that I type this out, I think you may not be testifying at trial, but at some pretrial hearing or sentencing or something.

BigHead fucked around with this message at 19:12 on Oct 1, 2011

# ¿ Oct 1, 2011 19:09

BigHead: Jul 25, 2003; Huh?; Nap Ghost

a shameful boehner posted:

Should I have them contact an attorney regarding an illegally issued notice of foreclosure? If that's the route they take, what kind of attorney? I was thinking real estate law, but I'm unsure.

Call your local bar office, they're refer them to an attorney.

Also, I dealt with foreclosures in my past job, including illegal foreclosures. Banks are the absolute epitome of trundling bureaucracies that do not give one poo poo about the little guy. I've seen people foreclosed on when they paid cash in full for their house to a different bank. There is a pretty good shot that even if a judge orders the bank to not foreclose, the house will still be foreclosed. A wrongful foreclosure is a terrifying, terrifying thing that you absolutely need an attorney for.

# ¿ Oct 12, 2011 03:07

BigHead: Jul 25, 2003; Huh?; Nap Ghost

Aquamarie posted:

My bike was stolen from me a couple weeks ago, but luckily found later that day. I received an official letter yesterday asking me to attend the hearing of the young man who stole it from me. My friend thinks it is important that I go, but I really don't want to. Does it make difference if I choose not to attend?

If I were prosecuting the case I wouldn't care either way. As long as you told the police at some point that the bike was yours and worth approximately $X, the prosecutor doesn't need you. Just make sure there's a good phone number and address in the file, just in case he does need you in the future.

# ¿ Oct 16, 2011 02:16

BigHead: Jul 25, 2003; Huh?; Nap Ghost

Fluorescent posted:

So the other day I was walking on campus, and stepped off the curb and into a huge pothole I didn't see and sprained my ankle. I went to the hospital to get it seen to, and they told me that my university insurance would pay for it. So I filed a claim, etc. It didn't pay for anything. This is actually the second time this drat hospital has told me that and it didn't work. Anyway, I was wondering if I could get compensation.

Unrelated, but still a law question:
Is it really difficult to take someone to court for sexual assault? What is the procedure for this?

EDIT: I'm an idiot and totally forgot to put in my area. I live in the state of Ohio.

What your university did was most likely a "Verification of Benefits." They essentially just call the insurance company to see if you have a policy. A verification of benefits is not a guarantee of payment, and most likely one of the intake papers you signed had that explicitly stated in fine print.

In order to get a guarantee of payment, the two of them (hospital and insurance) have to go through a big ordeal and lots of paperwork. The big ordeal is almost never employed in emergencies, since it takes forever.

But, as usual, your circumstances are unique and you should talk to a real lawyer etc etc.

# ¿ Nov 19, 2011 02:52

BigHead: Jul 25, 2003; Huh?; Nap Ghost

Arianna Moon posted:

help would be appreciated.

I prosecute criminals for a living. You need to shut the gently caress up on the internet and speak to your lawyer. Christ.

# ¿ Apr 10, 2012 07:28

BigHead: Jul 25, 2003; Huh?; Nap Ghost

You two lawyer freaks should live where your threats manifest themselves in huge ravenous predators. A decently sized bear will devour you, sure, but at least you'll see it coming. And you can whip out your weapons, scream a war cry, and hide in a tree in retaliation.

Unlike spiders. Also, gently caress spiders.

# ¿ Jun 13, 2012 07:19

BigHead: Jul 25, 2003; Huh?; Nap Ghost

Redfont posted:

Another day, another someone to sue! My wife got her oil changed on Saturday, and earlier today the oil plug dropped out, leaving me stranded and with a potentially damaged engine. From what I can find we can hold meineke (the people that did the change) responsible if we can get the receipt.

What are the chances that we can just show up and ask for repairs without any hassle?

I can't comment on how the car runs at the moment but my mechanic brother seems to think that the car isn't even worth keeping to find out how long the engine will take to fail.

Bit of a pickle.

Well, I am a lawyer but I'm certainly not giving you legal advice because I know gently caress-all about lemon law. Instead, I'll share my experience like that other dude shared his.

I brought my car in for a busted tire (not just flat, but a properly hosed tire + rim + bolts). They replaced it. A few miles later, the tire fell off the rim. Rather than piss and moan, I brought it in and politely explained the situation to them. They fixed it for free, refunded my cost, and gave me a big fat coupon book of, like, $500 in free basic maintenance.

Given the value of your time and your wife's time, going in and politely explaining the situation and asking for a) a refund, b) a free repair, and c) a few years worth of free oil changes may be your best course.

Meineke is a decent sized corporation, they (probably) aren't some sleazy dude operating out of a trailer in the boonies. They won me over as a customer after that, you may try to just say "hey y'all hosed up" and see what happens.

Now, if you (or I) get into a major life changing accident because of their negligence, then it's time to call in the cavalry of lawyers. But if you just need an oil change and a spigot replaced, then meh.

# ¿ Aug 4, 2012 09:37

BigHead: Jul 25, 2003; Huh?; Nap Ghost

porkfriedrice posted:

Thank you nm.

I really don't know how drunk she was, but something wasn't right with her. She says she had three drinks (no reason to lie to me), but has no recollection after leaving the bar and somehow ended up crashing on a road that is not on the way to her house. This person has been a heavy drinker and I can't see three drinks causing this to happen. Perhaps someone put something in her drink? I have no idea.

Everyone either has 2 or 3 drinks, especially the really hammered ones.

Also I don't know Connecticut law, but in my state the blood draw / breath test must be within four hours for the "over .08" theory to kick in, but there's a separate generalized impairment theory. The separate theory is usually reserved for drug cocktails (such as a .05 BAC + active THC, or meth + oxy or something) but if they can show "actual impairment" then it's still a DUI.

Finally, even if she isn't charged with a crime, she (or her insurance company) will likely be charged civilly for repairing the pole. So either way she should shut up until she talks to a lawyer.

# ¿ Oct 20, 2012 02:35

BigHead: Jul 25, 2003; Huh?; Nap Ghost

nm posted:

Three (or even 2) strong mixed drinks will gently caress up a 100ish lb woman.
This is why the combination of girly drinks (very hard to tell how heavy the pour is), and small people is deadly. Small people really need too long at a BAC calc because they just can't drink like normal sized people.

This is why I'm glad I'm a fatass.

They're gonna have trouble even proving impairment as long as she shuts the gently caress up given the facts I'm seeing. Dry reckless at best.

Also, most people had 1 beer. Not 2 or 3. I've never seen anyone admit to 3 to the officer unless the BACs add up.

Also, yeah, hope she has insurance. Light poles can be like 20k.

I once had someone on the stand who swore up and down that she had only two drinks. I could not get her to admit otherwise despite being a .282. I finally asked her what kind of drinks she had.

Pints of vodka. She had two pints of straight vodka with a bit of ice, and considered that only two drinks.

She also swore a lot at me, which was also hilarious. She was a crazy, crazy woman.

# ¿ Oct 20, 2012 03:23

BigHead: Jul 25, 2003; Huh?; Nap Ghost

Feces Starship posted:

For the purposes of Michigan's state sex offender registry, homeless individuals have 123 Homeless Street listed as their residence. True story

For the purposes of Anchorage, AK, it's 30 days in jail every time they get caught (max of five years) until they get their rear end in one of our terribly few community housing... things.

To be fair, I don't know how they do community housing in Anchorage.

# ¿ Oct 24, 2012 07:33

BigHead: Jul 25, 2003; Huh?; Nap Ghost

Schitzo posted:

Guys, hold up. Everyone is missing the most important question of all.

Gobbeldygook, describe if this experience has left you an impotent shell of a man. Bam, loss of consortium.

Law school exam question: Can a man who has never been laid, and it can be objectively shown he will never be laid, lose his consortium? If so, are damages restricted to a very pleasant glove and baller fingernail clippers?

# ¿ Dec 1, 2012 05:09

BigHead: Jul 25, 2003; Huh?; Nap Ghost

Gobbeldygook posted:

There's a huge difference between the fallibility of human memory and retrograde amnesia. The former is part of why half the population can watch a video of people passing a basketball back and forth and fail to notice a dude in a gorilla suit stroll into the frame while the latter is a consequence of massive brain trauma. Ask a defense attorney about the reliability of eyewitnesses.

Or take this study from the BMJ (PDF) that is a double-blind comparison of propofol and sevoflurane for induction without any premedication. All 102 patients in the study had a face mask applied to them before induction and all but one remembered the mask.

Honest question: Has anyone ever described you, to your face, as a crazy person? Because, to the extent that it's possible over the internet, everyone in here is calling you a crazy person to your face.

And I'm a prosecutor. I deal with crazy people for a living, and you're loving crazy.

# ¿ Dec 1, 2012 06:38

BigHead: Jul 25, 2003; Huh?; Nap Ghost

LordPants posted:

Brilliant! That's all I wanted to know. I was watching it wondering whether the LWOP character was ever going to get out.

Happens in some places in Australia if someone dies in the commission of a crime or something similar. And it sort of makes sense.

But my favourite is Felony Murder through Criminal Mischief of the First Degree in Alaska.

CM1 is... shooting The Pipeline? I think CM 2 is intentional property damage $25k or more that isn't arson. Also we have max caps of 99 years (66 with good time!) on Murder 1 and SA/SAM 1.

Edit: looked it up. CM 1 is "Intentional property damage $100k or more with widely dangerous means" that isn't arson, or shooting The Pipeline, or pretty much nuking an essential public utility. I have literally never heard of anyone being prosecuted for this crime that didn't shoot The Pipeline, and even then, that one guy admitted to shooting The Pipeline.

How is Felony Murder anything but Murder 1 if you're using "Widely dangerous means" to do anything?

Edit: what are "widely dangerous means?" Let's list them: a) nuking things, b) sleeping with nm's mom, c) getting into a fiddle contest with the devil.

BigHead fucked around with this message at 09:13 on Dec 4, 2012

# ¿ Dec 4, 2012 09:10

BigHead: Jul 25, 2003; Huh?; Nap Ghost

terrorist ambulance posted:

Looking up all that reyalwhatever dude's posts in the thread and reading them all at once rules and is hilarious

I thought he was the guy who forgot he signed his intake paperwork at the doctor's office and wanted to sue them for giving him anesthetic. Turns out he's a totally separate wacko and just as entertaining.

# ¿ Dec 17, 2012 00:10

BigHead: Jul 25, 2003; Huh?; Nap Ghost

Kalman posted:

The law doesnt care about if youre selling the image. You're selling a digital EP, which presumably contains a copy of this image. Therefore you are reproducing a derivative work of the original, which is a copyright violation. (If you were giving the EP away, the analysis doesn't change - it's still reproduction in violation.)

So, short answer: no, you can't get away with it if the copyright holder wants to call you on it.

Could he use a photo of Ronald Reagan (who I thought that was at first)?

# ¿ Dec 29, 2012 21:19

BigHead: Jul 25, 2003; Huh?; Nap Ghost

Javid posted:

This thread is way less fun once everything's edited out.

I have thought of the last two pages as several elaborate choose-your-own-adventure posts. I've pieced together a vague picture of what has happened, and that's entertaining enough for The Internet on a Monday night.

Jokes aside Jenner, I'm a prosecutor and the top five best attorneys I can think of off the top of my head are all court appointed.

# ¿ Jan 15, 2013 08:01

BigHead: Jul 25, 2003; Huh?; Nap Ghost

matthew j posted:

I think I'm in a predicament, and need some advice! When I was in college about 10 years ago I was charged with distributing alcohol to a minor. The court told me to take AA classes, pay a bunch of fines, and do community service. I did all these things and moved back to my home state soon after. I've worked various jobs in these last 10 years with no problem, been pulled over a few times for minor traffic violations, with no issues. I recently applied for a state job and they said that there was a warrant for my arrest in Oregon, where I went to school. I kind of freaked out at that point because I guess this warrant has been following me around for 10 years? So I'm not sure what to do now. Going to Oregon to figure it out probably entails sitting in jail for a few days and doing all that stuff over again and I would no doubt lose the job I currently have and that would be very bad. But I definitely don't want this warrant after me all my life, so I've gotta do something about it.

Call them, ask them what's up? Will they send someone to pick me up a state away? I'm scared of that happening. Any prosecutors around here that can tell me the best course of action? Or anyone else that has some advice?

This happens quite often. You have two options: hire an attorney who can simply call the prosecutor and say "hey here's what's up" or you can deal with it yourself.

I can't tell you how option one goes in your neck of the woods, but in my neck of the woods if a dude hired an attorney in a '02 or '03 case and the attorney could say "he's been law abiding since then just look him up," then I'd 100% dismiss whatever misdemeanor bullshit was hanging out there.

If you go option two, it's a pain in the rear end because the prosecutor will dislike you and assume you're lying to him.

# ¿ Jan 30, 2013 07:57

BigHead: Jul 25, 2003; Huh?; Nap Ghost

Step one: Show up to your court date and simply ask for mercy. Wear nice clothes and be polite. Calling the Judge "sir" or "ma'am" is, like, 80% of being successful in traffic court. Be prepared to apologize and promise never to do it again. Also, never do it again.

Step two: You kind of sound like an angry child who got caught with his hand in the cookie jar. Don't be surprise if step one doesn't work.

BigHead fucked around with this message at 10:53 on Feb 16, 2013

# ¿ Feb 16, 2013 10:48

BigHead: Jul 25, 2003; Huh?; Nap Ghost

Man if the last few posters in this thread - and their responses - are any indications of what lawyers need to go through with their real life clients, then I'm glad I'm a prosecutor.

Dude, the people who responded to you made several points. First, good luck finding the guy. That will take time. Second, going to court requires both time and effort, and the wherewithal to muddle through it without a lawyer. Third, even if you win, you probably won't be able to collect. He's not come corporation where you just mail in a copy of a judgment and get a check. You would have to attach a lien to his lovely car or something. Again, time and effort and wherewithal. Fourth, this is a life lesson and you should probably consider it a cheap (yes, $2k is cheap) one at that.

$2000 is not worth the time and effort, even if you could collect your $2000.

# ¿ Feb 17, 2013 20:48

BigHead: Jul 25, 2003; Huh?; Nap Ghost

Tarnien posted:

I'm trying to get in touch with the officer now, but if I have to contest this, what is the best course of action?

Print out your post, bring it to your court date, and read it. The burden is on the ranger to prove your guilt. Also, wear some nice clothes and call the Judge "sir" or "your honor." Don't yell at the forest ranger.

Alternatively, print out a sovereign citizen manifesto and start reading. Continue reading until they tell you to stop, at which point start yelling at them. Then continue reading, getting louder and louder. That would be entertaining and probably worth the $50 or whatever the ticket is for.

# ¿ Mar 1, 2013 18:21

BigHead: Jul 25, 2003; Huh?; Nap Ghost

Jet Ready Go posted:

Aside from needing to fill out a bunch of paperwork, what are the general downsides of having my last name legally changed?

People who have a hard time remembering names, but know you well enough to know your current name, would be slightly piqued.

Your girlfriend/boyfriend might accidentally scream out a name that now technically blows to someone else during sex, and while that is hilarious, it would cause slight amounts of embarrassment and sexual turmoil in your relationship.

And so on and so forth in that manner.

# ¿ Apr 9, 2013 10:01

BigHead: Jul 25, 2003; Huh?; Nap Ghost

baquerd posted:

What are the legal terms for the liability incurred when you run over someone's fence with your car? Improper conversion or something like that?

The legal term is "fix the loving fence you ran into." I hit the little question mark for you, and your very first post in this thread was "poo poo I hit a fence." And that was in 2010. I think you need to either stop this epidemic of hitting people's fences, or (if this is the same fence hitting episode) resolve it for the hundred bucks it costs to mend a fence. I mean seriously, just fix the fence if you hit it.

# ¿ Apr 26, 2013 08:27

BigHead: Jul 25, 2003; Huh?; Nap Ghost

agarjogger posted:

I know you all get a lot of roughly-identical, pretty boring "Do I need a lawyer" questions. So with apology, here's one more. If you can't read it all, the tl;dr is does somebody need a lawyer for a public intoxication charge with some irregularities?

After yet another day of highly-unsuccessful jobhunting, my mate got blind drunk on malt liquor on the train home (this is permitted on the commuter train as long as you don't bother anyone). He went to a closed bar, banged on the door, and was shocked and displeased over not being let in to drown himself in more booze. He gives up and goes home, breaks a bunch of jars trying to make himself dinner, and puts on latex gloves in an aborted attempt to clean them all up. Because he's completely out of his mind, he returns to the bar to make obscene gestures at a huge bouncer behind a locked door and trying to get him to come out. It's honestly the drunkest he's ever been in his life. He gives up, tries to leave on his bike, falls over immediately and slices his head open. Two police show up before he gets up, cuff him without drama and sit him down on a bench. Three more cops show up and they're all asking him questions, like why the gently caress he's wearing latex gloves, which he ignores or says that he doesn't know. They're waiting on an ambulance for the kid (24 y/o male with no criminal record). He chides them about sending out six cops to deal with a drunk idiot bicyclist and while most of them laugh, he really pisses off the youngest, shortest-haired of the cops. That one threatens to gently caress up his bicycle as the ambulance doors close. The kid is handed a notice that if he turns up at the bar again, he will be trespassing. And that's it and he is taken to a hospital for the night for a bunch of IV's and CT scans and released in the morning.

The case just turned up on the county website, with one count of violation of village ordinance (DISORDERLY CONDUCT) - PUBLIC INTOXICATION. The ticket says $75, which would seem to indicate a minor violation. Nonetheless the whole thing is worrying. Not a first-time alcohol offender, but the previous offense was expunged b/c juvenile. Afraid of probation, very-expensive alcohol diversion classes, and of a summer month abroad being killed by court dates and community service (which he otherwise doesn't mind because he's a damned good citizen). He's also afraid that the cop who wrote the ticket is the one who has utter contempt for him and will show up to court and recommend the court teach this gently caress a lesson about respect. Jurisdiction is Illinois. Defendant grew up in the town where it happened.

Dude was uncertain that he was under arrest because his rights were never read, but nobody cares what he says since he was trashed. Hire friend's dad, who is an excellent criminal defense attorney, or roll with the court to possibly save $500?

"Your friend" should buy an hours worth of that defense attorney's time for some reasonable fee. It's always helpful to have a buddy's dad as an attorney.

That being said, a disorderly conduct charge is not the end of the universe. But, "your friend" may want to seriously reevaluate the role alcohol plays in your life. Once you start drinking such that cops get involved, you ought to not drink any more.

# ¿ Apr 28, 2013 07:12

BigHead: Jul 25, 2003; Huh?; Nap Ghost

nm posted:

These is a new case out that limits the ability to force a blood draw, but it does not prevent it in all cases.
I know Minnesota does allow you to talk to an attorney by phone before providing a sample and there are cases where I might recommend that (but certainly not all).
California does not.
NYS? I have no clue.

In Alaska, Refusal to Submit to a Chemical Test is exactly equal to - in every way - a charge of DUI. They carry the exact same penalties and both count the exact same for presumptive ranges on second and subsequent DUIs / Refusals. There isn't a jury instruction for a presumption on the DUI or anything, it's just simply a second crime. We just have to prove the DUI through the "dude was too drunk" theory rather than the "dude was over .08" theory.

The elements for Refusal are essentially a) you were under arrest for DUI, b) you were told Refusal is a second separate crime, c) you knowingly refused to blow.

You get to talk to an attorney if you ask for it prior to the blow into the machine, and I've never heard an attorney say "don't blow." Except for one lady who called her Tennessee tax attorney (??) for advice, and she said don't blow.

\/\/ I'm talking about the official blow at the station, not the field sobriety tests. And now that you mention it I've never actually read that case law, though I'm sure it exists somewhere.

BigHead fucked around with this message at 07:24 on May 17, 2013

# ¿ May 17, 2013 04:27

BigHead: Jul 25, 2003; Huh?; Nap Ghost

Konstantin posted:

A difference would be that with services, it is less cut and dry. The customer is probably claiming that the service provided was not as promised, so they don't have to pay. That sounds like a contract dispute, not theft. I'd be surprised if any prosecutor decided to press criminal charges unless the customer admitted that they never intended to pay.

Theft of Services is a separate charge (in my State) than Shoplifting. We see it all the time when they dine-and-dash and when people flee into the bar without paying the taxi, but it would probably cover nail salons if they just straight up refused to pay.

BigHead fucked around with this message at 21:42 on May 27, 2013

# ¿ May 27, 2013 20:36

BigHead: Jul 25, 2003; Huh?; Nap Ghost

Angry Hippo posted:

I would certainly like for you to articulate why I am an "rear end in a top hat" for anything I've said here.

I hate you all. I wish you were bagels.

I haven't read any of your random lengthy rambling treatises that you've posted here, but I can say that you are an rear end in a top hat for wishing I was a bagel.

# ¿ Jul 19, 2013 08:25

BigHead: Jul 25, 2003; Huh?; Nap Ghost

Dr. Arbitrary posted:

General law question, I'm assuming it's going to vary by jurisdiction:

At what points in a trial would a defendant be required to speak? I know that it's not unusual for a lawyer to enter a plea in-absentia, but I'm assuming that it might not be allowed always. Also, during the George Zimmerman trial I saw a part where the Judge asked Zimmerman if he wanted to testify and Zimmerman of course said no.

Are there any other times where you absolutely have to get up and say something in a court or can you just let the lawyer do 100% of the talking?

In my State that one singular inquiry - whether or not the defendant wants to testify - is the only time the defendant is ever required to utter one peep, and even then it is a simple yes or no. There are a few times when people are required to talk to the police, such as identifying that they have a driver's license if pulled over, but in terms of during an actual trial the defendant himself does not have to speak. There are a few times where the defendant's lawyer could be required to bring things up outside the presence of the jury, but in front of the jury the lawyer doesn't technically need to say anything either.

# ¿ Jul 28, 2013 08:52

BigHead: Jul 25, 2003; Huh?; Nap Ghost

Javid posted:

Blowing off a ticket is a great way to dig a nice, deep hole.

I know a guy digging out of a $300 no insurance ticket he got in 1982. He has been to jail for several year long stretches for the crime of "Driving with a revoked license" several times over because he cannot afford the six gazillion dollars in penalties and fines he has accrued.

# ¿ Sep 24, 2013 06:57

BigHead: Jul 25, 2003; Huh?; Nap Ghost

No. 9 posted:

Our family was already resting assured that she'd be okay since all legal council she sought said that it'd most likely get dismissed.

Which is lesson number one as to why you actually hire a lawyer instead of going into the courtroom and hoping to fate.

I know it's difficult but your family needs to scrape together a few hundred bucks and hire a real live lawyer and not rely on a 20 minute conversation with legal aid.

BigHead fucked around with this message at 08:07 on Sep 25, 2013

# ¿ Sep 25, 2013 08:04

BigHead: Jul 25, 2003; Huh?; Nap Ghost

Wizard of Smart posted:

This is what I get for not proofreading my posts. Probation attorney is what I meant, because I tried googling how to handle things and that is what came up. I have had literally no guidance in this besides "turn yourself in" and "maybe contact a lawyer or something." My original attorney was a public defender whose name I don't remember. Is there an online resource for old cases I can browse?

Florida is generally considered a shithole of a state, but in my pro se defendant friendly state this would be fixed in the following 2 ways:

(1) call a loving defense attorney wherever the warrant is, and mail him a check.

(2) a) Call the courthouse

b) Ask for paperwork to fill out to request a telephonic arraignment on the warrant with an accompanying number that can accept collect calls (edit: that means you need to provide them a land line)

c) The motion will likely get denied in which case see (1)

d) If the motion isn't denied, then sit at that phone number on the date they give you even if you have to piss your shorts, until you get called

e) Ask for a public defender

f) Talk to your public defender

BigHead fucked around with this message at 14:22 on Nov 17, 2013

# ¿ Nov 17, 2013 13:51

BigHead: Jul 25, 2003; Huh?; Nap Ghost

nm posted:

Most trespassing cases involve areas not gated off or signed regularly.

----

As for subs. You all may have dodged DA subs (particularly mailed ones), but if you dodge a my personally served one, I will have a warrant for contempt issue. If my client's rear end is on the line, I'm not playing.

In my state it's almost impossible to be found criminally liable for trespass in any sort of business. Civil trespass is easy, but the judges refuse to find PC for a criminal trespass unless the head manager of the store personally told you you were trespassed within the last 24 hours. It's strange.

Also, yeah, if you dodge my subpoena I'm more than happy to get a material witness warrant for your rear end, I'll send the case officer personally to arrest you if we are mid-trial, and I'll likely file criminal charges against you. I love material witness warrants.

# ¿ Feb 19, 2014 05:50

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# ¿ May 16, 2024 11:38

BigHead: Jul 25, 2003; Huh?; Nap Ghost

EAT THE EGGS RICOLA posted:

Does the answer to this question change if the tv is playing a romantic comedy musical re-enactment of the Pierson v. Post trial at the time the would-be-picker-upper is walking towards it?

What if Phillip Seymour Hoffman is was giving a dramatic rendition of the comedy musical re-enactment of the Pierson v. Post trial re-enactment?

I think PSH's estate (currently defined as his common law wife - no kidding) would have free reign on the public domain story but not have access to the comedy musical score of the underlying re-enactment. But she would have the profits from PSH's actual words if she could establish common law marriage.

But, seriously, don't shoot a kid in the head if that kid is running away from you with your TV. I would probably prosecute you for murder.

# ¿ Feb 27, 2014 09:24

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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