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InvisibleStonehenge
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Re: Ask a defense attorney [Re: Enlil] * 1
    #15914345 - 03/07/12 02:52 PM (11 years, 10 months ago)

In my state they do allow expungement of arrests whether resulting in a conviction or not. It depends on the circumstances but they only allow 1 per lifetime so if you are falsely arrested twice you are screwed. Actually, its not full expungement its simply sealing the court records but it can't be accessed except under certain circumstances.

Enlil, many thanks for providing this service. May your karma be great and reward you many times over.


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“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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Re: Ask a defense attorney [Re: HermitCrabsOnE] * 1
    #15919658 - 03/08/12 01:42 PM (11 years, 10 months ago)

My 2 cents worth: If they have a search warrant, permission is not needed. You did not specify the details and they will matter. If the police made a search, they most likely had a warrant or implied consent. I believe it will be admitted, but it depends.

Once your friend made the deal, whether they were bluffing on the tapes or not makes no difference. I would have said talk to my lawyer and he would sort that out. They do earn their money in situations like that as well as going to court.

Always give all details so enlil can answer intelligently. I'm not trying to speak for him but that is common sense.


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“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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Re: Ask a defense attorney [Re: RealRollForever] * 1
    #15923963 - 03/09/12 10:30 AM (11 years, 10 months ago)

>Scenario: There are multiple people living in a house and a search warrant/knock-and-talk goes down.

A search warrant is totally different than a knock and talk. In the latter they are trying to get you to let them in when they have no legal right to go in. Likewise in the scenario where they suspect pot and try to bully you into allowing a search, just say no. At least 9 times out of 10 in my experience and that of others i've known, they bluster and bully and then give up when you calmly and firmly say no. If they had probable cause they would not be working so hard on your consent so do not give it. This has all been said before but it can't be emphasized enough.


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“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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Re: Ask a defense attorney [Re: Enlil] * 1
    #15925141 - 03/09/12 03:21 PM (11 years, 10 months ago)

>There are certain circumstances where he can search with probable cause alone, but when you're talking about a house...Those are rare circumstances.

That would be in hot pursuit of certain types of criminals, i believe, or witnessing a crime that must be stopped right away such as seeing an assault through the window. I think most anything else would require him to come back with a warrant.


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“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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Re: Ask a defense attorney [Re: Anonymous #2] * 1
    #15925995 - 03/09/12 06:37 PM (11 years, 10 months ago)

>Let's say you have a prescription schedule 2 substance in your possession that you're legally prescribed to. You also have the bottle for this substance in your possession. But, the schedule 2 substance isn't inside the bottle. If you get searched and the substance is found outside the bottle, but you have the bottle and a legitimate prescription, will you be facing arrest or prosecution?

Anon #2, in my area you can be charged for that even if you have a prescription. In practice they often let it drop but they can pursue it if they wish.


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“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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Re: Ask a defense attorney [Re: Enlil]
    #15929661 - 03/10/12 02:38 PM (11 years, 10 months ago)

Where i am we have both gj's and charges without a gj. The da can issue an "information" to directly charge the person. What usually happens is the da will information on most petty crimes and those he has a solid case. Those he has a weaker case but does not want to drop it outright since there may be pressure from victims and perhaps the public to go forward with, he will present to the gj. This is often the case with situations in which there are political ramifications. Or he may want to go forward but there could be pressure not to do so.

For example, there may be clear evidence to support the charge but it was a grandma at a demonstration who refused to leave private property and was charged perhaps with failure to obey a lawful order. By going through the gj he does not send the message that this will be overlooked in the future and keeps on the good side of cops who want this prosecuted. If the gj says no, he has done all he could.


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“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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Re: Ask a defense attorney [Re: Enlil]
    #15937120 - 03/12/12 10:48 AM (11 years, 10 months ago)

Enlil, you are the expert. I'm just giving my 2 cents in the form of examples where i've heard of similar cases locally.

>I promise you that a prosecutor has no worries about "keeping on the good side of cops."  In states where the GJ is optional, a prosecutor will often go to the GJ because he doesn't want to be the one who is blamed for the decision..that's true...but that's mostly about public opinion.

Yeah, thats what i meant. Its the da who is most concerned about public opinion since its an elective position. From the scuttlebut i've heard, cops want to keep on the good side of prosecutors from a professional prospective so they can get convictions which look good for the cop. Prosecutors too want a high conviction rate though if they drop a case it does not hurt their conviction rate whereas the cop sees an arrest with no conviction. DA watches prosecutions vs convictions, cops watch arrests vs convictions. Cops do the leg work for the da's office although they have their own investigators too. Just saying they work together and locally at least, prosecutors seem to care about keeping the cops happy.

>Another reason that a prosecutor goes to the GJ instead of filing an information is that a case brought by indictment is not as vulnerable to an appeal challenging probable cause to charge.  An information is reviewed using a higher standard than an indictment.

Yeah, and i've heard of malicious prosecution lawsuits being brought though its rare for them to succeed. Going the gj route avoids not only that but also accusations of political and other bias. If the da goes after a  politician, it will almost always wind up in front of the gj.


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“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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Re: Ask a defense attorney [Re: NizzyJones]
    #16593108 - 07/26/12 02:39 PM (11 years, 6 months ago)

You can not be forced to testify against yourself but who can afford to take it to scotus if lower courts go against you? The constitution has regularly been trampled by both parties so who knows.


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“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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Re: Ask a defense attorney [Re: Diploid]
    #16599357 - 07/27/12 12:00 PM (11 years, 6 months ago)

I believe i have the answer for the forced disclosure of a password. Simply say "i forgot". They will not believe you but you can say you were testing out encryption and encrypted some unimportant file, you forgot what was on the file, and did it as a test. It was so unimportant you never went back to it and eventually forgot the pass phrase.

This differs from "i will not tell" in that you are not saying you have it and are refusing to give it up. Claiming you lost the passphrase and are not capable of recovering it puts things in a whole different perspective. Saying "i forgot" has worked in many other situations including high govt officials covering up illegal behavior. The court can compel certain acts under threat of contempt of court and journalists, for example, have been imprisoned up to 6 months in one case i remember and maybe longer in one or two others. Eventually they were released. But they were openly defying the court.

Forgetting is not a crime so i believe this would help you. If what is on the file will send you away for a long time, even a month or two on contempt will be much better and a good lawyer might be able to get you out of even that. But if other people testify you said you knew the phrase and were going to deny remembering it then look forward to a fairly long contempt term. But a felony conviction will be worse and may involve years in prison so it would still be the lesser of the evils. Sort of like most presidential contests. :wink:


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“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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Re: Ask a defense attorney [Re: Diploid]
    #16600701 - 07/27/12 04:07 PM (11 years, 6 months ago)

>Some guy is traveling around with a test laptop to test encryption software? Seems pretty far-fetched to me. If you're testing it, why are you traveling with it? Shouldn't it be back on your bench where you can, you know, test it and stuff, not in your luggage at an airport?

Now you are conjuring up some odd scenario involving an airport and traveling around. Not sure where that came in or what relevance it would have. I said it was a test you had made some time back.  I don't see what is so hard to believe about forgetting something.

>Especially of some cop testifies that he saw you using it recently.

Why not toss in a confession while you are at it? sheesh!

>I don't believe there is any limit on how long you can be jailed for contempt if you refuse to cooperate.

You are missing the whole point. You are willing to cooperate but not able due to forgetting something. Most of us have forgotten passwords at some time or other. A court can order you to do things but if you are physically unable then jailing you for contempt is an abuse of power. And yes, there are limits to everything. The longest i recall hearing of anyone jailed for contempt was about 18 months and it was willful refusal. It is not clear if you can be forced to give evidence against yourself and demanding someone remember something they have forgotten and then punishing them for not being able to do it would be a violation of the constitution for sure. Judges have  higher courts looking over their shoulders for abuses of power.


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“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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Re: Ask a defense attorney [Re: Enlil]
    #16611296 - 07/29/12 03:24 PM (11 years, 5 months ago)

Diploid, regardless of where the seizure takes place, even at an airport as you keep saying, certain things hold true. A judge can order many things but if someone is broke they can not be held indefinitely for failure to pay a fine or other court ordered payment. That 14 year case enlil managed to dig up is a rarity indeed and no doubt had special circumstances. They probably could show he sent money abroad and no record of it coming back or being lost. Offshore accounts or somesuch.

Another example is lets say a judge orders someone to personally clean a house or personally perform some other manual labor. If the person is in a wheelchair or otherwise incapacitated, that order will be overturned and one would hope the judge would have enough sense not to make it or would give the option to pay someone to do the task.

Obviously if a cop saw you opening a file and then close it and claim you can't open it again, the judge will be very skeptical in that situation you made up. Most things are not so cut and dry. I challenge anyone to find me a case where someone was ordered to remember things they had forgotten and spent a considerable time in jail as a result. I'm sure enlil would have posted if he could find such a case, who else wants to try?

"Judge, i tried and tried to open it but i forgot the password or passphrase" Investigators say "the file was accessed just a week before the arrest" defendant: "yes judge, i keep trying to open it but with no luck" The story is air tight and if the contents of the file will put you away for a felony, would you rather take a chance on misdemeanor contempt of court or do some hard time with a felony?

I happen to think locking people up for years or decades for looking at dirty pictures is an abomination all by itself but no doubt several will vehemently defend such penalties. We are still in the dark ages in many ways. Lock people up for directly harming someone but dirty pictures is so medieval and puritanical its amazing. People get literally decades for simple possession.


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“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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Re: Ask a defense attorney [Re: Diploid]
    #16621828 - 07/31/12 11:48 AM (11 years, 5 months ago)

Diploid, you said the judge can jail you if he suspects you are lying about not remembering a password and that could happen. My point was that a non willful refusal to comply is not going to get any long jail term and i said this was assuming the contents of the encrypted section would put you away for a long time. We are assuming a major felony like killing someone or looking at dirty pictures. Even carrying it to an airport would not be proof you had the password and the encrypted file would not stop the rest of the computer from working. But if you bring a notebook with you to an airport with evidence on it that will put you away,  you have made a blunder to start with since airports have heightened security measures.

Judge: we want the password to that hidden file on your computer

defendant: i'll gladly give it to you but i forgot it long ago.

Judge: i'll send you to jail

atty: Judge, my client is trying to comply but has not been able to open that file. It was an experiment in encryption and he lost the password.

What is the world's record for non willful failure to comply? The judge may "think" you know it but absent any evidence to support that idea, i can't see any serious time involved here.

Folks, lets argue politely here and keep on topic. We don't want to get the thread closed.


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“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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Re: Ask a defense attorney [Re: NizzyJones]
    #16648633 - 08/05/12 05:16 PM (11 years, 5 months ago)

I don't think they had probable cause to search the house, if all the statements made were true. Having cash is not cause and it was said the warrant was just for his arrest, not a search warrant. But there is often more to the story and he may have said things that would justify the home search. Time will tell.


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“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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Re: Ask a defense attorney [Re: Enlil]
    #16709712 - 08/16/12 01:42 PM (11 years, 5 months ago)

If the wu transaction is $1000 or more they are required to ask for certain forms of id. They are also alert for "structuring" to avoid the requirement like for instance $600 today and $700 tomorrow. If the amount is over $10,000 then they need even more id etc plus a form filled out to be sent to govt. The $1000 thing works across the board at a lot of places like getting a money order from walmart or elsewhere.


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“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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Re: Ask a defense attorney [Re: fuckmylife12]
    #16710343 - 08/16/12 03:28 PM (11 years, 5 months ago)

>Isn't there a "waive ID" option? Does that not apply when recieving over $1000?

Anon13, i don't know for a fact because i've never tried to receive over 1k by wu. It stands to reason they do require it. I think the waive id feature is only for smaller amounts. Maybe someone with more experience can weigh in on that end of it?

As for depositing money orders or checks, there is no problem even if large. They just put a hold on it until it clears.


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“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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Re: Ask a defense attorney [Re: Diploid]
    #16792030 - 09/05/12 11:44 AM (11 years, 4 months ago)

Enlil is right and not just because he's a rich lawyer and can afford to pay off such a small sum. My suggestion is to go to them if its not too late and ask to work out a payment plan. This will minimize the damage to the credit and no need to lay low for years on end. Very likely they will accept payments since it saves them a lot of trouble. It might be as low as $50 a month but it sounds like he may have waited a little too long because before trial is best.


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“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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Re: Ask a defense attorney [Re: Anonymous #17]
    #16828300 - 09/11/12 10:44 AM (11 years, 4 months ago)

I was told by someone who worked in the post office and had been on a number of those investigations that the search warrant depends on the person signing for the package. If they have nothing else to go on then the search warrant executes when they sign for it. As has been said, it does not prove you knew what was in the package. But, unless it was a mistaken address, you did want it and have other illegal things in your house, possibly stuff you forgot about. Even if you dispute having knowledge of the package, they can still get you for what is in your house if they enter it and if its the same as in the package, your defense is just about shot.

Your best bet is to only get packages which you do not have to sign for. Then, when and if they ask for a sig, decline to sign. It might have been aunt mary's gift but if you are not expecting it it may be nothing good. Some companies will only send with sig required so you may have to do some searching. But if its your buddy sending you some goodies, insist on no sig.

Most often they will simply intercept and send a love letter which you can ignore. But you may be put on a list for further watching. With greater and greater automation, its child's play to have the mail sorters look for flagged addresses in sender and recipient. They already look for fake return addies and can flag a box that way. Have your sender use a genuine return addy but not his own.


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“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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Re: Ask a defense attorney [Re: Diploid]
    #16829795 - 09/11/12 03:47 PM (11 years, 4 months ago)

Quote:

Diploid said:
Whenever I send anything, I use the destination address as the return address. That way it can only be returned to the destination.





That is legal and you can do that. However, it calls attention to the fact that there is no real return address. If its something you don't want to come back, put a legit return addy but not your own. The phone book is full of them. Or the city directory.

The postal employees have less than a second to deal with each piece of mail. They have conveyor belts running non stop. Sorters can read addresses fast unless they are illegible so then an employee has to deal with it. You don't want that. They can quickly verify if the return is a legit addy and if its in the same zip as where it was dropped.


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“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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Re: Ask a defense attorney [Re: ch1ck3n.s0up]
    #16840948 - 09/13/12 12:47 PM (11 years, 4 months ago)

Have you explored the option of asking to make payments with no interest? You can claim poverty and if you come up with the money later, it was from a relative or somesuch. If they think you will pay up in full, they may be unlikely to take payments but bring some info on garnishment laws in your state and they may think its better to settle and take payments. Best case is you get the $5400 settlement and make payments with no interest, worse case they say cash or we go to trial. Its always worth a try, i would think. If they say payments are ok but no reduction, full 6200, then if you have the cash you might as well pay off and save the hassle and extra cost.

From their point of view, they don't know if you have the money or not and may have to chase you for it. A bird in the hand might be better than going to court and trying to collect. Many years ago, i had a hospital bill and started sending them $25 a month. They threatened to put a lien on my home but the fact they had taken payments made it a defacto payment plan and they finally caved in and agreed to take the payments. Today i would just pay it off, it all depends on your situation.

For anyone in a similar bind, where it has not gone as far as this situation has, consider just sending in payments that you can easily afford. Check with a local attorney about what rights that may give you. In my case, there was no prior agreement, i just started sending it in.


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“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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Re: Ask a defense attorney [Re: ch1ck3n.s0up]
    #16842030 - 09/13/12 04:55 PM (11 years, 4 months ago)

>I settled four other accounts like this in the past three months, and they have the ability to see my credit report. It doesn't take a genius to figure out that a person who has settled tens of thousands in debt in the past few months has some form of income.

Not necessarily, you might have settled for pennies on the dollar or some other arrangement. If you don't ask them you never know what they might say. Its good you decided to settle rather than become a hermit or something. Something every month looks good when the debt has been outstanding for a long time.

>Maybe I could get fired or laid off, go back on unemployment, and blow my savings on cocaine so that I don't have to pay them? Ha! Fuck them! Who's laughing now?? Have fun trying to collect!

You know better.


--------------------
“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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