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Brian Jones
Club 27



Registered: 12/18/12
Posts: 12,340
Loc: attending Snake Church
Last seen: 1 day, 4 hours
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Hi Enlil. I wrote to you once before and I was interested in your take in the latest on my case. I hit a tree 3 feet off the road, and was uninjured and no one else was involved. The police did nothing of a legal nature at the scene (No request for field sobriety or breathylizer test. They had the paramedics take me to the hospital. I refused all medical tests because I was uninjured and recently lost my individual health insurance. However I did not physically resist these tests that were done against my will. All tests showed no injury. When the medical people finished drawing blood, the police requested I take a breathylizer, and I respectfully declined. The police read me the Summary Suspension Act (Illinois) which is 12 months licenses suspension for refusal to blow, and gave me tickets for DWI.
Now after 7 months of court appearances my lawyer was finally able to make his motion to suppress the hospital evidence. The Judge entirely agreed with him and threw this evidence out. I have a trial scheduled in 2-3 months but the county does not have much to go with without the hospital evidence. So now the county has announced they want to take this ruling on the motion to the court of appeals. My lawyer believes they are doing this to get the argument in front of a different judge. I am not that worried that the appeals case will reverse the decision, and the worst case scenario for my case is not that bad. If convicted of everything I should still get first offense court supervision. However if the motion goes to appeals my legal costs go up appreciably, and if I do lose there are a lot of additional costs.
Do you think they may be bluffing about taking it to appeal?
-------------------- "The Rolling Stones will break up over Brian Jones' dead body" John Lennon I don't want no commies in my car. No Christians either. The worst thing about corruption is that it works so well,
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
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They may, but it's hard to say. When you're talking about an institutional law firm like the DA or the PD, appeals are handled a bit differently than they would be in a simple lawyer v lawyer situation. The DA will decide whether or not to appeal based on the risk of the appeal. They know they lose your case if they don't appeal, but if they lose on appeal, they may have brand new binding authority that hurts them in hundreds, if not thousands, of future cases. On the other hand, if they win, maybe they have binding authority that makes their job much easier in the future.
Your particular case is only a small part of the consideration in some cases. Of course, the issue in your case may be so specific that there is no real risk/reward other than your case.
So are they bluffing? Hard to say. An Assistant Deputy District Attorney can talk a lot of shit, but that doesn't mean that his/her bosses feel the same way.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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Anonymous #90
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Re: Ask a defense attorney [Re: Enlil]
#21290526 - 02/17/15 08:19 PM (8 years, 11 months ago) |
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Enlil can you check for me if Malta has '911 call immunity'? (It's actual emergency is 112 not 911)
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Larrythescaryrex
teardrop on the fire



Registered: 07/19/00
Posts: 11,004
Loc: further down the spiral
Last seen: 1 year, 1 month
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can cops search your property simply based on someone claiming something? For example if I say "I have no evidence but I just feel that person A has taken my shoes."
-------------------- RIP Acidic_Sloth Sunset_Mission said: "larry the scary rex verily scary when thoroughly vexed invoke the shadows and dust, cast a hex mercifully massacring memories masterfully relocate from Ur to 8th density and become a cosmic bully mulder and scully couldn't decipher his glyphs invoke the shadows and dust, smoke infernal spliffs" April 24th 2011
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fuzzysig
user

Registered: 10/21/11
Posts: 422
Last seen: 3 years, 3 months
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what you do when you re 50 yers old. get divorced and left with nothing except a disability. (not me but someone I know) no family to go to. are there any kind of financial help available in that situation.
she cant apply for it until divorce since the husbands income is too high at the moment but he is about to loose his job as well. pretty fucked up situation...
no work experience for last 10 years husband provided she was disabled.
Edited by fuzzysig (02/18/15 10:49 PM)
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Anonymous #95
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Re: Ask a defense attorney [Re: fuzzysig]
#21296360 - 02/18/15 11:10 PM (8 years, 11 months ago) |
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What kind of jail time would someone be looking at for an outstanding warrant for failing to appear in court..... very minimal?
If I were to set fire to someones vehicle and completely destroy it and the authorities traced it back to me, how long would I be imprisoned for? no priors. If I had nothing to my name could the guy get any money out of me. Let's say the vehicle is worth 30-60k. Money's probably the least of my worries in this situation tho.
^ now say I just burnt this persons whole house down with no one in it. Would I get life?
Edited by Anonymous (02/19/15 01:06 AM)
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Magicman69
All About the Benjamins


Registered: 05/29/13
Posts: 6,876
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You could inadvertently kill someone and spend the rest of your life behind bars. I suggest you take a deep breath, drink a beer, reevaluate your life, and think of a better way to settle the beef that doesn't involve arson (which is a felony.)
Burning a car or house could be multiple felonies, one for Arson and one for property damage over a certain amount of money.
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Anonymous #95
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Re: Ask a defense attorney [Re: Magicman69]
#21296681 - 02/19/15 01:36 AM (8 years, 11 months ago) |
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Nah it's old news, I never intended to get back at the guy. I'm pretty positive he already has a decent sized list of enemies to worry about.
Just kind of curious that's all. I know of people who've been held up at gun point in a home invasion and the intruders ended up doing only doing a few years behind bars... blows my mind.. I'd think at least 10 years.. but they did nowhere near that. So maybe a car going up in smoke is not even half of what armed robbery is.
Edited by Anonymous (02/19/15 01:44 AM)
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mastagreen
Stranger


Registered: 04/17/09
Posts: 312
Last seen: 4 years, 7 months
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A tiny bag of etizolam was seized following emergency situation(where the EMS was called to the scene). By law, is anything taken by law enforcement agents required to be returned?
PS, besides the yellow pages, is their a place to find a defense attorney besides"reputation"
Edited by mastagreen (02/20/15 02:00 AM)
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Shroomslip
Architekt



Registered: 11/25/12
Posts: 23,651
Last seen: 9 minutes, 56 seconds
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Re: Ask a defense attorney [Re: mastagreen]
#21301902 - 02/20/15 12:30 AM (8 years, 11 months ago) |
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Can my employer ban me from using certain drugs that I have a prescription for, when I'm not using them at work or under their effects while at work?
I had a talk with my manager the other day and my trouble with sleeping and going through different meds came up. She told me she hopes I'm not on anything controlled because they do random drug testing and that if a controlled substance came up, I'd get fired for it.
I'm in Texas which is an at will state, but I was always under the assumption that when it comes to medical issues they cannot discriminate and that termination of my employment under these types of circumstances would be against the law.
If they were to fire me, would I have any type of recourse?
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With my face against the floor I can’t see who knocked me out of the way. I don’t want to get back up but I have to so it might as well be today. Nothing appeals to me no one feels like me, I’m too busy being calm to disappear. I’m in no shape to be alone contrary to the shit that you might hear. You can't wake up, this is not a dream. You're part of a machine, you are not a human being With your face all made up, living on a screen. Low on self esteem, so you run on gasoline
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Othyem



Registered: 04/17/09
Posts: 1,935
Last seen: 3 years, 4 months
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Re: Ask a defense attorney [Re: Shroomslip]
#21304104 - 02/20/15 01:34 PM (8 years, 11 months ago) |
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So I have sentencing for operating while visibly impaired Monday. I got a call from my attorney today saying he will be an hour and a half late. He advised me to "Just show up late, should be fine." This sounds like a terrible idea to me. Any advice on how I should proceed would be helpful.
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Shroomslip
Architekt



Registered: 11/25/12
Posts: 23,651
Last seen: 9 minutes, 56 seconds
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Re: Ask a defense attorney [Re: Othyem]
#21304289 - 02/20/15 01:54 PM (8 years, 11 months ago) |
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Quote:
Othyem said: So I have sentencing for operating while visibly impaired Monday. I got a call from my attorney today saying he will be an hour and a half late. He advised me to "Just show up late, should be fine." This sounds like a terrible idea to me. Any advice on how I should proceed would be helpful.
Better safe than sorry. If it's within a quick driving distance you can always call the court house and ask them how you should proceed. Tell them your lawyer has said he'll be an hour and a half late and ask if you should be as well.
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With my face against the floor I can’t see who knocked me out of the way. I don’t want to get back up but I have to so it might as well be today. Nothing appeals to me no one feels like me, I’m too busy being calm to disappear. I’m in no shape to be alone contrary to the shit that you might hear. You can't wake up, this is not a dream. You're part of a machine, you are not a human being With your face all made up, living on a screen. Low on self esteem, so you run on gasoline
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justdatshit
Stranger
Registered: 02/20/15
Posts: 50
Last seen: 8 years, 11 months
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Re: Ask a defense attorney [Re: Shroomslip] 3
#21305534 - 02/20/15 07:12 PM (8 years, 11 months ago) |
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do you have an ongoing petty conflict with the parking lot attendant at the courthouse you practice law at? I've heard that this is really common.
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Othyem



Registered: 04/17/09
Posts: 1,935
Last seen: 3 years, 4 months
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I didn't get called until after my attorney got there anyway. I just sat and waited to be on the safe side. Got a 450 fine a couple driving classes and 12 months unsupervised probation.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
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Quote:
Anonymous said: Enlil can you check for me if Malta has '911 call immunity'? (It's actual emergency is 112 not 911)
I have no way of checking malta's laws. Sorry.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
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Quote:
Larrythescaryrex said: can cops search your property simply based on someone claiming something? For example if I say "I have no evidence but I just feel that person A has taken my shoes."
Not your example, no, but cops can get a search warrant based on a person's statement that he/she saw contraband in the house.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: fuzzysig]
#21316518 - 02/23/15 08:53 AM (8 years, 10 months ago) |
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Quote:
fuzzysig said: what you do when you re 50 yers old. get divorced and left with nothing except a disability. (not me but someone I know) no family to go to. are there any kind of financial help available in that situation.
she cant apply for it until divorce since the husbands income is too high at the moment but he is about to loose his job as well. pretty fucked up situation...
no work experience for last 10 years husband provided she was disabled.
This is outside of my area of expertise.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
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Quote:
Anonymous said: What kind of jail time would someone be looking at for an outstanding warrant for failing to appear in court..... very minimal?
That depends on what the underlying charge was. Failing to appear in a murder case is going to likely mean having bail revoked. Failing to appear to a traffic ticket will usually be dismissed if the underlying ticket is taken care of.Quote:
If I were to set fire to someones vehicle and completely destroy it and the authorities traced it back to me, how long would I be imprisoned for? no priors. If I had nothing to my name could the guy get any money out of me. Let's say the vehicle is worth 30-60k. Money's probably the least of my worries in this situation tho.
^ now say I just burnt this persons whole house down with no one in it. Would I get life?
There's no way I can tell you what you'd get. Sentencing varies widely by state and even county. In addition, whether you take a plea or not makes a huge difference.
My advice is not to set fire to anything that isn't yours, and if it is yours, don't try to make an insurance claim.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: mastagreen]
#21316537 - 02/23/15 08:57 AM (8 years, 10 months ago) |
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Quote:
mastagreen said: A tiny bag of etizolam was seized following emergency situation(where the EMS was called to the scene). By law, is anything taken by law enforcement agents required to be returned?
PS, besides the yellow pages, is their a place to find a defense attorney besides"reputation"
Anything that isn't contraband would be returned, of course, but they often hold things for evidence while the case is pending. That could be years.
Every state bar has a referral service. Start there.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: Othyem]
#21316560 - 02/23/15 09:03 AM (8 years, 10 months ago) |
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Quote:
Othyem said: So I have sentencing for operating while visibly impaired Monday. I got a call from my attorney today saying he will be an hour and a half late. He advised me to "Just show up late, should be fine." This sounds like a terrible idea to me. Any advice on how I should proceed would be helpful.
You go to court and say that your lawyer isn't here yet. The judge should wait or reschedule.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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