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OfflineShroomslip
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Registered: 11/25/12
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Re: Ask a defense attorney [Re: Enlil]
    #21316568 - 02/23/15 09:05 AM (8 years, 10 months ago)

Would a doctors excuse for absences that states I'm being treated for chronic insomnia by him be notification? Or is there some official notification I need to submit? They already have it in writing that I'm being treated by a doctor. I would also of course have the prescription bottle with my and my doctor's name written plainly on them if they did test and it did come up "dirty".


--------------------
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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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Shroomslip]
    #21316585 - 02/23/15 09:08 AM (8 years, 10 months ago)

It probably isn't.  You have to tell them about a disability and the accommodation you require.  In this case, you should tell them any prescriptions you take, particularly of schedule 2 drugs. The accommodation is to exempt you from any consequences of a drug test failure based on those drugs


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OfflineShroomslip
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Re: Ask a defense attorney [Re: Enlil]
    #21316631 - 02/23/15 09:22 AM (8 years, 10 months ago)

Well I just did some looking and apparently insomnia is not covered under ADA guidelines. Or that's what I'm getting anyways. It's a schedule 3 drug, but still a controlled substance. Since what I'm gathering is that I won't be protected under ADA, I'm kind of wary of outright admitting I'm on a scheduled substance. Drug testing is not at all common there (my wife has been with the company for 7+ years and the only drug test she's ever gotten was the initial one), but I do know of someone who got popped with the random and failed. I'm not sure how to proceed, they aren't too happy with me right now because my sleep issues over the last month or two while going through a bunch of different meds has made me less than reliable. I'm already on thin ice as is. I don't want to tip my hand and give them reason to justifiably terminate me.


--------------------
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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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Shroomslip]
    #21316995 - 02/23/15 10:44 AM (8 years, 10 months ago)

Insomnia may very well qualify:

"An impairment is substantially limiting if it lasts for more than several
months and significantly restricts the performance of one or more major
life activities during that time.  It is not substantially limiting if it
lasts for only a brief time or does not significantly restrict an
individual's ability to perform a major life activity."


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OfflineShroomslip
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Re: Ask a defense attorney [Re: Enlil]
    #21317069 - 02/23/15 10:58 AM (8 years, 10 months ago)

That sounds like I'd have to have a lawyer just to fight for me and prove It qualifies for ADA and that would come out of my pocket which I can't afford. All just so in case they fire me, I'm protected.

I have severe insomnia though, it's not a once or twice a week thing, it's every day. Without meds I will get maybe 2 hours of sleep and over the course of the next 6-8 hours another hour in between waking up and trying to fall back asleep. It doesn't really limit any life activity, as I can function and perform my job (just maybe not as safely as someone fully rested). You spend 4 days straight doing 10 hour shifts of relatively hard labor getting only 2-3 hours a night, I'd say it significantly impacts my life but I don't know about restricting it, but without a lawyer to make the case, I can't really do anything further. As far as I know.

I'm just not sure how to proceed.


--------------------
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


Extras: Filter Print Post Top
InvisibleEnlilMDiscord
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Registered: 08/16/03
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Re: Ask a defense attorney [Re: Shroomslip]
    #21317309 - 02/23/15 11:45 AM (8 years, 10 months ago)

You proceed as you have been, but let your job know that you have insomnia and are taking meds for it.  That's about all you need to do at this point.  If/when they fire you for it, then you have an attorney handle it.  ADA cases are easy to get attorneys for because the statute has built in attorney's fees.  You shouldn't have to pay anything upfront if it comes to that.

Most likely, however, they will just ignore any drug tests that come up positive for your prescriptions.


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OfflineAlan RockefellerM
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Re: Ask a defense attorney [Re: Shroomslip]
    #21321220 - 02/24/15 05:27 AM (8 years, 10 months ago)

Quote:

Shroomslip said:
I'm just not sure how to proceed.




When they do a drug test, they send you to a drug testing place.  Those people will have you fill out a form that lists medications.  If you test positive for something that you have a prescription for, it won't be reported to your employer.  Your employer doesn't need to know about your meds, only the third party drug testing place does.


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OfflineShroomslip
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Re: Ask a defense attorney [Re: Alan Rockefeller]
    #21321252 - 02/24/15 05:48 AM (8 years, 10 months ago)

Drug testing place I was sent to for the initial was quest diagnostics and I don't remember any form listing medications. Actually I just handed them a sheet with my information my employer gave and pissed in a cup. No question of what I'm on or anything. Was a fairly rushed process.


--------------------
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


Extras: Filter Print Post Top
OfflineAlan RockefellerM
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Re: Ask a defense attorney [Re: Shroomslip]
    #21321259 - 02/24/15 05:50 AM (8 years, 10 months ago)

Maybe they ask you about prescriptions if you test positive.  Ask them about it.


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Invisiblenooneman
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Registered: 04/24/09
Posts: 14,555
Loc: Utah
Re: Ask a defense attorney [Re: Shroomslip]
    #21323493 - 02/24/15 04:17 PM (8 years, 10 months ago)

I think certain places have stopped asking about prescriptions. About 8 years ago, I remember they all asked, but I went in for a job related drug test recently and there wasn't anywhere on the form to put prescription medications.

I thought maybe I missed it and worried about a schedule 2 med showing up, but I passed the drug test just fine. I wonder now if maybe they check your medical record or something. It might be available on some kind of online system. Or maybe I just got lucky. Job didn't end up working out for unrelated reasons though.


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InvisiblerhizoRider
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Re: Ask a defense attorney [Re: nooneman]
    #21323532 - 02/24/15 04:25 PM (8 years, 10 months ago)

Drug test facility need a md ( medical review officer) a real doctor to review positive results and discuss with each client personally. That's when they'd ask about prescriptions.


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Invisiblestevo

Registered: 04/11/05
Posts: 5,100
Re: Ask a defense attorney *DELETED* [Re: rhizoRider]
    #21330373 - 02/25/15 08:47 PM (8 years, 10 months ago)

Post deleted by stevo

Reason for deletion: .


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: stevo]
    #21330410 - 02/25/15 08:57 PM (8 years, 10 months ago)

Until death.  Statute of limitations is tolled (paused) while charges are pending.


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Offlineniteman
Registered: 06/29/11
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Re: Ask a defense attorney *DELETED* [Re: Enlil]
    #21330904 - 02/25/15 10:35 PM (8 years, 10 months ago)

Post deleted by niteman

Reason for deletion: Peace



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Invisiblestevo

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Posts: 5,100
Re: Ask a defense attorney *DELETED* [Re: Enlil]
    #21331421 - 02/26/15 03:39 AM (8 years, 10 months ago)

Post deleted by stevo

Reason for deletion: .


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: niteman]
    #21331691 - 02/26/15 07:13 AM (8 years, 10 months ago)

Quote:

niteman said:
Ok Enlil I have one for you. Say I have arrest warrants out for three non-moving traffic violations I failed to pay on in TX, specifically lets say No Insurance, No Registration, and No Inspection. Let us also assume I am also on felony probation so they know I live at this residence. If if doesn't look like I am home (lights off, tv turned down low, blackout curtains, no car in driveway, and no outside light on) and a cop comes and knocks on my door, would they have probable cause to forcibly enter if I don't answer or make any noise or peek out the curtains? I should also state I have dogs. Thanks I'm rather curious.



If you're on probation, they can probably enter at any time to search without a warrant.  That is most likely one of the terms of the probation.

Even if you weren't on probation, the arrest warrants they have are enough to enter your residence to get you.  Forcibly or otherwise.

Whether they would or not on traffic warrants is another question.  Generally, they don't bother to break down doors for traffic warrants.


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: stevo]
    #21331695 - 02/26/15 07:15 AM (8 years, 10 months ago)

Quote:

stevo said:

Really?  Is that because of the example or in general?  I ask because a friend of mine got a DWI and skipped court for 32 years and said they recently were forced to throw it out.  Do you think he's lying out of paranoia?  Or maybe he got a parden?



What your friend says may or may not bear a lot of resemblance to the truth.  They may have dismissed it because they didn't want to bother with it after this long.  It's also possible that they dismissed it because the relevant evidence and witnesses were no longer available/alive.

As far as statute of limitations goes, however, no...once charges are filed, it doesn't matter how long you run.


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Ask an Attorney

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Offlineniteman
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Re: Ask a defense attorney [Re: Enlil]
    #21332802 - 02/26/15 12:17 PM (8 years, 10 months ago)

Thanks Enlil!


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Anonymous #94

Re: Ask a defense attorney [Re: niteman]
    #21347882 - 03/01/15 11:51 AM (8 years, 10 months ago)

hypothetically, what would be the best way of laundering money? starting an all cash business and make up hand written receipts? is there a better way?

i guess im asking, if you were going to launder money, how would you go about doing it?


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Invisible404
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Re: Ask a defense attorney [Re: Anonymous #94] * 1
    #21352188 - 03/02/15 02:10 PM (8 years, 10 months ago)

enlil, i think i asked you this before but i deleted it because i was worried you were not going to respond. is it possible to get a public defender to do the expungement? if you already answered this i apologize but i can't remember what was said. i'll remember this time


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