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Moruitelda posted:Let me answer your question with another question. Is OJ Simpson a free man? Nope.
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Feb 14, 2010 02:48
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sticky wizard posted:Not sure if this the right thread for this, so please direct me elsewhere if I've hosed up. I'm not a lawyer, however here are some common sense things you need to start thinking about. 1. If you were doing your job responsibly, then you didn't do anything wrong and the only thing you should be concerned about is getting your back healthy. Back injuries can very often stay with you the rest of your life, even if you start to feel better in the short term. You need to be sure you get the proper care for your injury first and foremost. 2. Do not sign any paper work, no matter how benign it may look to you, without consulting a lawyer. This doesn't mean you intend to sue your employer, but you do need to have someone knowledgeable look things over. As you admitted, you are ignorant on these things. 3. This isn't a lottery ticket. Not that you've indicated at all you think this way, but don't let your mindset start going there. Accidents and injuries happen, and in this case it doesn't seem like it's anyone's fault. Your work will cover your medical expenses to get you better. That's reasonable, and you shouldn't accept anything less and you shouldn't expect anything more. 4. This situation is here now, whether you want it to go away or not. The only thing you should want to go away is your back injury. Dealing with it is something you will have to do no matter what. If your employer isn't a dick, it won't be a long drawn out process, but there's always the possibility it could be. You need to be OK with sticking it out no matter what to make sure you are taken care of appropriately.
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Mar 2, 2010 08:20
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excellentcoffee posted:Well, right now this lawyer is the only one I can afford. Yeah, that's not anywhere near enough time, and as joat mon said you get what you pay for. Beg and borrow money from whoever you can to get a solid attorney who will actually sit down with you before the day of the meeting and go over everything. Pawn whatever you can. Put it on a credit card if you have to and get a second job to pay it off. Do whatever it takes. Even if right now they are only interested in you as a witness and not as a defendant, you want to be 100% sure nothing coming from that meeting with the prosecutor changes that. If you think it's bad right now coming up with money for just 1 meeting, how are you going to pay for one for the duration of a criminal trial? This isn't roll the dice and see poo poo, this is gently caress your life up forever poo poo. $1000 is well worth it to keep yourself out of the system. Because like it or not, the system is stacked against defendants, and it's even more stacked against the poor.
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Mar 21, 2010 20:53
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The others were 1,000 and up. Then again, they're in another county. We're going to meet thirty minutes before the meeting, and go over the case.
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uG posted:My guess is the requirements for Assault 1 changed on 7/1/88 Right, following from here http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.36.011 there is a link at the bottom for effective date, which if you read through turns out to be 7/1/1988.
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Mar 23, 2010 01:53
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Juanito posted:I want to send a specific small gag gift that people can order through my website. It is not an adult item. It's a small common household item ( I can't give any specifics right now). Assuming this is just something like a gag gift and nothing illegal, what exactly are you worried you would be held liable for? That the receiving person wouldn't find the gift humorous? That's not against any law. But obviously, if you are going to be doing any commerce on-line you will need to talk to a lawyer and form an LLC. It's such a small cost compared to the liability it protects you from that there's no reason not to do it. If you don't believe your business idea has the ability to recoup those small costs then you really shouldn't be doing it in the first place.
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Mar 23, 2010 05:42
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Solomon Grundy posted:Admission of a party / opponent. Not hearsay. Also, I don't know what state the poster is in, but in WA we have to report any accident to the police within 4 days when someone is injured or the damage is in excess of $700. Some states have substantial penalties for failing to do this, so that should be kept in mind before attempting any court action. I would think the last thing you want to do is sue someone for $1400 in damages for a car accident, and then when the judge asks you for the police report you say you didn't file one.
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Apr 3, 2010 18:53
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EvelynPoor posted:Back in July 09, I was disowned by my parents for reasons I will not disclose here. My guess is you are gay and your religious parents don't really have the love of Jesus in their heart like they preach to others about. Also, your parents disowning you really has nothing to do with the question you are asking, so including that bit of info but cock-blocking us on why it happened is mean, and thus I think that anyone that replies to you should guess as to why it happened. But to your question, why not just not pay the last months rent to her? Or if you are an ethical person, only pay the difference of what the deposit doesn't cover. Unless you are moving out this month and have already paid her. In that case I would ask her for the deposit back when you move. But for $200 you have to ask yourself how much your time and effort is worth to fight her for it if she isn't willing.
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Apr 15, 2010 02:21
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uG posted:Thats what I figured, but section two reads: Just bring it up and get everything cleared up now. I am pretty sure I remember someone in this thread having something similar happening, and they still made him serve his suspended license period after they caught their mistake. Which I think was quite a bit of time after he was supposed to have the suspension period. So I think it would be best to just deal with this all now and move on.
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Apr 18, 2010 19:18
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Sepist posted:What part of this is bullshit? Waiting a month to get paid out for my loss because someone refuses to answer a phone is cutting into my person financials as I had to purchase a new car in cash from my savings. Why didn't you just get a rental car until this was all resolved? If your car is totaled due to her 100% fault, and her insurance hasn't settled the issue, you should be driving a rental car on their dime. Contact your states Insurance Commissioner if you believe they are treating you unfairly. Or, just tell her insurance company you will be getting a rental car and that cost will be part of any settlement. Either way should kick them into gear if they are stalling.
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May 2, 2010 08:26
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Sepist posted:I didn't get her insurance info at the accident (she didn't want to talk to us) and the officer told me to get it from the police report, which I had to mail away to get. It took me 2 weeks to get the police report, the insurance would have contended that they won't cover the time between the accident and the claim being opened. This makes sense as you can sit on a claim, so you could technically drive around with a rental for a year before claiming your accident and then having them pay you for the rental fee. I know it's not an issue now for you, but they most certainly would still have had to cover the rental car cost. Either way though, you're not going to be able to speed things up based on the argument of it cutting in to your personal financial savings due to you purchasing a car prior to settlement. The rental car issue actually took away incentive for them to resolve this more quickly then they have to as they aren't paying each day for your rental vehicle. Of course they can't just indefinitely sit on this, but it seems like they are being open with you about the process and time line, and one month seems reasonable to me. But, if you really feel they aren't handling this properly, a letter to your state's Insurance Commissioner will at least force them to respond to your complaint. I had a similar situation where the insurance company wasn't resolving things with me from an accident, and it was literally the next day from when they got the Insurance Commissioner's inquiry that they responded "This has been resolved" and settled with me. In my case though, it had been over 4 months. It costs you nothing to write the letter, but just be sure you have a valid complaint against them. I would say you need to wait for the one month time period to expire and see if they proceed as they have told you they would. If they do, then great and you get things resolved. If they don't, write that letter to the Insurance Commissioner. And be sure to save these e-mail correspondences with them, and take good notes with dates and times for any phone conversations. You'll want to include those if you have to write the letter. Car accidents suck no matter how quickly they are resolved, and it's really good you had savings in place to get a new vehicle prior to settlement. Most people couldn't do that.
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May 2, 2010 18:09
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ShowTime posted:I just got a citation for driving 78 mph in a 50 mph zone. Apparently in NC, this makes it a misdemeanor reckless endangerment charge. Here are the facts about me and I'd like some general advice for my situation if anyone could help. The violation is in New Hanover County (Wilmington), North Carolina. You're in the territory of where you should buck up and hire a lawyer. However, I had something similar happen where I had a ticket for 26 over (the speed changed from 60 to 40 and the cop was waiting right at the 40 sign), and I was able to pay the fine and take a driver's course to keep my license. I don't think the state is going to want you in jail for this, I think they want your money. But, if you really can't risk it then get a lawyer to help you take care of this.
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Jun 3, 2010 04:25
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Brennanite posted:AI doesn't have a speeding ticket thread anymore, so I'm ask my question here. Depending on where you live and what your driving history is, you might be able to pay a higher fine and have it on a deferment. Then if you don't get another ticket in X many months, it won't go on your record. Call the court clerk and ask what your options are.
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Jul 9, 2010 21:03
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Ne Cede Malis posted:Thanks for your reply. I just gave him notice that I will only be available for two more weeks and that I was leaving. He kept repeating that he "could not describe how disappointed he is in my decision not to honor our agreement". I also found out he had been reading my work email, which is legal but still very disconcerting to me ( I never said anything bad or improper at all but still kind of a dirty feeling). Just so you know, California has very clear laws on the time frame he has to pay you your due wages. So if he tries to withhold or do anything shady in regards to that, you should not have a hard time getting him to do what is right - unless he is really stupid.
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Jul 11, 2010 02:38
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Jeephand posted:I decided I'm going to take photos of the signage (none of which states hours) and plead not guilty. Go to a court date. Maybe the cop wont show? Maybe he'll be forced to explain why he lied about me disobeying signs that don't exist? Yeah the gate was locked, and I went under it to skate, but the park was packed with people. I looked all over the signs and none said don't enter. I figured someone forgot to unlock it and I drove 45 minutes to get there so I just started skating. Is my plan screwed? Sounds like a plan to me. You were trespassing though, posted hours or not. I mean, even if there were clearly posted hours but everything was still locked up, how do you think it is still not trespassing? You had to climb under a fence to gain access, think about that. Personally, if you have a clean record, then I would borrow money from whoever I could to get a lawyer to help me keep this off my record. Even if it cost $300-$500 for the lawyer, to me that would be worth it. Trespassing isn't a huge thing, but why get a black mark for something so stupid? Also, if you're a student then your school might have some legal services available to you. If all you're worried about is the fine amount though, then it's really up to the judge how much the fine will be. You have to make the judge not want to fine you the full amount. Telling the judge that you think the cop is lying on the citation won't help your cause. Dress nicely, be sincere, and tell the judge you realize it was stupid to do and it is something you'll never do again.
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Jul 18, 2010 18:45
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Jeephand posted:I hopped a fence but does it mean anything that the township park the skatepark is situated in has a sign that clearly says "the park is open from sunrise to sunset" (I have photo)? Also, That there are no hours posted for the skate section of it? Cant I just say "The sign said sunrise, the skatepark said nothing about hours or being closed, I figured someone forgot to unlock it and if anyone wanted me to leave I would have gladly gone, so I hopped the fence and skated in the morning before the weather got too hot"? Think this'll fly? It's the truth. The sign are the general hours you can be at the park when it is open, but the fact it was locked up supersedes this. The sign doesn't magically absolve you of any wrongdoing. Think of it this way, businesses post their hours of operation. But if you happened by one during these posted hours but it was locked up, what would happen if you forced your way in anyway? Jeephand posted:It's true the charge isn't a big deal record-wise. The fine is less than the price of a lawyer. Also, I go to a community college and I doubt they have a law dept, but I'll look into it. Yeah, most community colleges probably don't have a law department, but they might have legal services offered to students for a cheap rate. Or they might be able to refer you to a good lawyer. Jeephand posted:Correct me if I'm wrong, but I wont be seeing a judge unless I plead not guilty right? I wont have an opportunity to dress snazzy and be an upstanding citizen to whomever answers the phone at the judges office where I will be making my initial plea of not guilty or guilty. If I plead guilty they'll just give me the maximum fine over the phone and put me on a payment plan. I really don't know how it works where you live, but I would be surprised if a guilty plea automatically equals maximum fine. You should also be able to verify this with the court clerk. But this is why you need to talk to a local lawyer. Jeephand posted:Yes the fence was locked and yes I was caught red handed in the skatepark at 7 AM skateboarding by myself, but does that mean I was doing something wrong Yes it does. I also hope you realize this is exactly the type of situation that gives skateboarders in general a bad reputation. Your desire to skateboard does not trump what the property owner wants, private or public. Good luck, but I really think the best thing for you to do is accept you were in the wrong and go from there.
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Jul 19, 2010 03:23
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JudicialRestraints posted:In my state we specifically disallow liability for injuries incurred playing recreational sports so you should probably check your state/province/whatever moon jurisdiction you live in's statutes/codes/ But the tackling wasn't part of the sport.
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Jul 31, 2010 19:30
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Akrabbim posted:My wife and I are both students at a private graduate institution. They have a policy that states that if a married couple are both taking classes, and one of them is going full-time (9 on-campus hours or more), the other spouse gets half-tuition. We have paid up fully until this upcoming semester. We just received an e-mail stating that, since the one taking the most hours fluctuated back and forth between the two of us, we should have notified them of this every semester. They have somehow calculated that we owe a few thousand more than we did previously. Did you sign papers when you set up the plan? What do they say?
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Aug 4, 2010 02:59
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Akrabbim posted:That's what I was thinking. It seems to me that, since I paid for a service, that they shouldn't be able to just charge me more after the fact. If this was an item, I'd have the option to hand it back. That's an incorrect analogy. You entered into a written contract, and the school is claiming you had certain responsibilities under that contract that you didn't uphold - which affect the amount you owe them. It's not the same as buying something at the store, and then later on they just decide to raise the price on you. Akrabbim posted:Not to mention, since they have full access to my and my wife's schedules, they should be able to easily figure out what to charge us. They seem to be claiming that we should have kept them up to date, but I'm not sure how they have any right to say so. If the contract you signed said it was your responsibility to do this, then yes they do have a right to say so. It doesn't matter if the school could also know this information without you, if the contract said you were to do it then it is on you to uphold that. I just think you need to be more realistic about the situation before you go into that meeting. You might be just fine, but since you don't know what you signed you need to be prepared for a different situation than how it seems like you are currently viewing it.
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Aug 4, 2010 05:28
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Lexical Unit posted:So I legally changed my name last Friday and I've been working on getting everything updated. I have a mortgage and I'd like to get my name updated with the loan company but they're saying they require "Endorsement to the present insurance policy showing your new name". What does that mean? Like, a copy of some kind of official insurance document that has my new name on it? Like any insurance? I mean, I have dental... I assume you have home owner's insurance as well?
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Aug 4, 2010 16:21
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Tab8715 posted:I live in a town less than 100k, word of mouth, connections is what gets you a job and with the economy the way it is they're aren't many of them. And being out of work for a year, unable to find employment - I think I've got a reason to be upset at least, though - as you said - I'm not sure if I've got a legal case. Though, it strikes me as strange as if someone can talk about something as this and get a away with it? Are you saying that these former co-workers told your prospective employers that you were fired? Or that they were just telling people that, and you're concerned it would have through other people reached prospective employers? Here's some questions for you: 1. Do you have money to hire a lawyer to pursue this against them? Slander cases are hard to win, so I would expect a lawyer to want full payment up front. 2. Are these individuals actually collectible if you did win a civil case against them? 3. If it's such a small town where everyone hears about everything that goes on, are you fine with this action negatively affecting people's (including prospective employers) opinions of you? If your answers to all of those aren't yes, then I think you should just move on. If you answers are yes though, then: 1. Did you hear these former co-workers make these statements yourself, or through other people? 2. If through other people, will these people be willing to go on record for you as saying that these former co-workers were telling people you were fired? 3. Your lawyer would be able to tell you if in your case damages would be assumed, or if you would have to provide evidence of damages. Can you provide evidence if needed? I think the best thing you can do is just let it go. If you really feel like you must do something, then politely contact these former co-workers and let them know that you don't appreciate them spreading around that you were fired when you weren't, and you would like them to stop.
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Aug 8, 2010 21:45
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Tab8715 posted:Well, no I don't but from what I know it's been stated so casually and considering the character of the individuals - it wouldn't surprise me if I found it were true. It really sounds like you're frustrated about your employment situation, and that's causing you to be more upset about this than you normally would be. You don't even sound like you know for sure that they have been saying this. That's even more reason to just forget the situation and move on.
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Aug 8, 2010 22:49
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visuvius posted:If someone could please tell me the easiest, most painless route I can take for divorce, please let me know. Here are my details: You probably need to say whether this is this an amicable situation or not? Are you both in agreement with how the property and debt should be split up? Even if you meet the requirements to do this on your own, you're going to be better off getting an attorney so that you can avoid something you didn't think about/know about coming back to bite you in the rear end later on. Cost will range, but for purely anecdotal evidence my friend's divorce attorney cost him a few thousand.
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Aug 22, 2010 21:21
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jasonn posted:I signed a lease on an apartment earlier this year with my girlfriend, let's call her Stacey, in January (the lease ends February 28, 2011). We are both on the lease. We split the $550 rent in half along with other fixed expenses*. I broke up with her recently and she is deciding to move out (just took everything of her's yesterday). She gave me rent for September, but stated that she's not going to pay October-February's rent. She is obligated the same as you for the duration of the lease. If you default on the lease, the leaser can sue which ever one of you he/she thinks has the most assets to recover the debt owed from the lease. If the leaser chooses to sue you for back rent and wins, then you can sue your ex for her portion. However, this still leaves you with a bad mark on your credit. Your good credit is worth more than a few months rent. Even if your ex won't cover what she owes, it's in your best interest to cover the rent to keep your credit good. That being said, most leases have a provision for breaking the lease early which entails a forfeit of the deposit and a certain monetary penalty. Going this route may be less costly than trying to carry the remainder of the lease on your own, and it doesn't affect your credit.
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Aug 29, 2010 10:48
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Mousse420 posted:How did I break the law? by believing a lie? By buying a computer from someone in a private transaction, when I had no idea it was gotten with stolen money? You assisted in a crime. You benefited from this crime. You left a voice message admitting to your involvement. You then posted about your involvement on a public forum. You're actively working on trying to keep your stolen goods. What is so hard for you to figure out?
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Aug 31, 2010 04:32
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Thomase posted:Yeah, I actually just did after posting. They mentioned that if not applied for by the company (ie: signed up) they take no action. They redirected me to the ministry of labour, and after talking to them for a bit from what it sounds like companies don't legally need to be insured? I would think that you could attempt to recover medical costs and lost wages from the child's parents if your wife wanted to pursue that. Your lawyer would also be able to tell you if you had a claim against her employer. It wouldn't hurt to ask for a free consult with a lawyer. A quick phone call would tell you whether it's something worth pursuing or not. Document everything very well if you look at going the legal route. Hopefully your wife can find another place to work, as her current employers don't seem concerned with their employees well being.
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Sep 29, 2010 20:22
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Texas Tech student posted:Anyway, I am graduating with an IT degree in December. I have been going through the whole career fair process and doing drat good. I got 2 second round interviews. However one of these interviews is with an insurance company. I don't think any lawyer is going to advise you to lie on an application for employment. IT has plenty of jobs where that won't be an issue. Tell them the truth and see what happens, and move on to other places if they have an issue with it. The worst thing would be to get the job, then in a few years get a promotion or something to a position with more sensitivity, where they do a real background check on you and see it, then fire you for lying on your application.
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Oct 20, 2010 05:31
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Chrispy posted:I'm wondering if the code I've written at work is owned by me, by my employer, or by us both somehow? This is 70+ complex Excel VBA macros, specifically. I'm mostly wondering if it's legal for me to save all of the code and bring it to another job, or sell the code to other businesses. I was originally hired on as an accountant, so I didn't sign anything saying what I did/created at work was owned by them. Is it just implied? This is Colorado if that helps. Your employer owns it, no question about it. If you take that code to another job you put your new employer at risk. Whether or not anyone would ever know is another thing, but it's not legal for you to do that. Just for further interest, there are even situations where you can write code at home on your own time and your employer still has rights to it if it has to do with work related things.
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Oct 30, 2010 04:43
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SWATJester posted:Uh, no. There very much is a question about it, esp. if he never signed a work for hire agreement, and created the code outside his field of employment. He produced this code at work, how is there any question?
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Oct 30, 2010 07:03
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SWATJester posted:Because where you produce the code is not the test for ownership of copyright in a work for hire? He hasn't stated specifics, but it's not unreasonable to assume he was an employee since he didn't state that he was a contractor, and he stated that the work was made during the course of his employment. Of course technically you are correct, and if he was a contractor then he should look at his contract and see what it says. But for a regular employee with no signed agreements of any kind, the work belongs to the employer. I don't get your assertion about scope, can you expand upon that?
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Oct 30, 2010 07:56
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Dick Smegma posted:Lately a lot of religious groups – Jehovah’s Witnesses primarily – but others also – have been canvassing my neighborhood and spreading “the good news”. I am just fine without their little visits. The next time some drop by I was thinking about answering my door naked – even inviting them in if they want to talk. Would this be illegal? After all, I’d be in the privacy of my own home. Do you think they would put out the word to their fellow proselytizers to avoid my place? There's a big difference between expectation of privacy in your home and you opening your door to the public. Also, what if the JW people have anyone underage with them? I've seen them send around jr. high or high school kids before. Why don't you just tell them that you are not interested and ask them to respect your wishes and not come around to your house any more? How do you even jump straight to naked as a solution?
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Nov 13, 2010 04:16
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I've been wondering about finding a lawyer before I ever need one, as in like I have a specific lawyer I would call if say I ever was being questioned by the police. How do these types of things get set up? Would I just find a lawyer I think would be good and keep their info if I ever needed it? I haven't had a need for a lawyer of my own for other things, so I don't have a pre-existing relationship with anyone.
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Nov 15, 2010 01:42
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echopapa posted:In Ye Olden Days, people used to just go drop money on a retainer and have a guy on call. Nowadays, the best way to find a lawyer is to go meet one (they can be found at bars), and if they don't practice in the area you're looking for, ask for a recommendation. Thanks. Any recommendations from lawyers on good types of questions for a prospective client to ask? I'm just thinking for if I dropped in at the neighborhood law office for a introduction meeting, 5-10 minutes, what types of questions I could ask to help me gauge things.
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Nov 16, 2010 06:30
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LLJKSiLk posted:Totally NAL... Um, no you couldn't. Jolly Jumbuck, your friend should consult with her union rep about what to do. This is a situation where being in a union has benefits that should be exercised. If other teachers have had a problem and a pattern is being established, it makes it a lot harder for the principal and the school district to let this go without some action being taken. Someone creating a hostile work environment is not worth the liability once people start complaining, regardless of whether the principal likes the person or not.
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Jan 5, 2011 07:41
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TheNextDanSmith posted:Eternally grateful to anyone who has advice on this. Thank you in advance! The basic life advice you'll see from this thread is beg, borrow, do whatever you need to pay for a lawyer to keep things off your record. A clean record never hurt anyone. US citizenship is a big goal, and it would be silly to let something like this hurt his chances. He obviously didn't learn from his first arrest (which by the way law enforcement, including Immigration, might be able to still see even though he says it's off his record), but breaking the law is a very bad thing to do when you're wanting to become a citizen of a country.
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Jan 7, 2011 15:33
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Mr.Almighty posted:Just got called up from a collection agency apparently they had tried reaching me numerous times via cellphone quite a few times. I just talked to one of their representatives and tried to make a monthly payment plan of 200 dollars a month. However, they said that it's too late and they want the whole lump of 2000 dollars as soon as possible. I do not have that kind of money to just give away like that. They are now threatening to send a police officer down and serve me and are telling me I will have to owe around 5000 dollars in court costs and legal fees. In addition to what has been said above, read and post in this thread: http://forums.somethingawful.com/showthread.php?threadid=3234974
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Jan 13, 2011 01:58
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Never mind.
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Feb 7, 2011 07:20
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entris posted:Ok I took pity on you and did a tiny bit of digging. I love reading this thread for the actual useful "not legal advice" but great legal information, and this post is exactly an example of this.
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Mar 26, 2011 04:52
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Baruch Obamawitz posted:trip report: spoke to a rep, and basically they were going to argue a bunch of dumb poo poo regarding the term of the contract that I don't feel like spending time on even if I would win, but in the end of the day they got $100 out of me to settle the $850 claimed debt and I guess I just paid the nuisance tax. That's exactly why they do what they do, I hope you see.
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Mar 30, 2011 03:51
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Effexxor posted:So I got a DUI last Thursday (gonna get a lawyer, obviously) and was taken to detox. A person on my facebook who works at a rehab facility that's a part of detox saw my name on their logbook and decided to ask me if I was in detox, and then lecture me about it. I'm wondering if there's any breach of privacy? If it helps, the group is a non profit. Because I'm pretty pissed and am going to bring this up to my lawyer, and even if there's nothing I can do, I'm going to be letting his supervisor know. Also, cross posted in the TCC legal advice thread. Aren't DUIs public knowledge? Check your local paper dude, you may be a star.
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May 19, 2011 06:03
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trampletheweak posted:Yea that's what I'm thinking. It's this 50% of everything I could make in the future she would take that's disturbing and also what my spouse would make. That could be a very very large sum of money if it's who I'm seeing now. It seems so gently caressed that it can't be true. You can say "hosed up", dude.
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Jun 23, 2011 03:04
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