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Anonymous #96

Re: Ask an attorney [Re: Anonymous #91]
    #21418721 - 03/16/15 11:58 PM (8 years, 10 months ago)

A


Edited by Anonymous (10/11/15 04:31 PM)


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InvisibleEnlilMDiscord
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Re: Ask an attorney [Re: Anonymous #96]
    #21419700 - 03/17/15 09:14 AM (8 years, 10 months ago)

First, you have very little control over the situation.  If things are going to change, it's going to have to be your fiancee who makes that happen.  There are plenty of things that she can do, but most of them are going to mean going to court.  Frankly, I'd recommend that she make a motion to amend the custody order requiring the father to have supervised visits.  At the very least, the court should order an evaluation.

Absent a court order, she can withhold visitation if she reasonably believes that the child will be in danger if left with the father, but that is an emergency choice which must be followed up through the courts either way. 

Primarily, she needs to adopt a policy where she just doesn't talk to the man in person.  She transfers the child without engaging in conversation.  If there is information to be shared, that can be done by phone or email, which will minimize the risk of physical altercation.


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Ask an Attorney

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Anonymous #96

Re: Ask an attorney [Re: Enlil]
    #21420806 - 03/17/15 02:05 PM (8 years, 10 months ago)

A


Edited by Anonymous (10/11/15 04:35 PM)


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Offlinefuzzysig
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Re: Ask an attorney [Re: Anonymous #96]
    #21422382 - 03/17/15 05:54 PM (8 years, 10 months ago)

document everything.
with dates times  or videos/audio depending on your states laws about recording others.some states only require one persons consent which is the person recording.
could bring some undercover cops with you so they can see the situation and maybe make things easier by doing what cops do.
if hes a drunk he shouldn't even have custody of the child that's pretty dangerous. she can use that to take full custody of him.
or you can adopt him if you re serious then you and her take full responsibility of the kid and he is out of the picture but then if u break up. tough sht. u gonna be stuck with child support


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Anonymous #96

Re: Ask an attorney [Re: fuzzysig]
    #21422614 - 03/17/15 06:13 PM (8 years, 10 months ago)

A


Edited by Anonymous (10/11/15 05:13 PM)


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Invisiblevandago
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Re: Ask an attorney [Re: Anonymous #96]
    #21433167 - 03/19/15 07:56 PM (8 years, 10 months ago)

On a facebook thread, I posted my hair for sale.


A woman replied " I bet you a new car no one will buy your hair "


Is that a legal binding contract?  If someone buys my hair can I take her to court and get a car?


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Invisibleo8u
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Re: Ask an attorney [Re: vandago]
    #21433356 - 03/19/15 08:38 PM (8 years, 10 months ago)

I bet you a million dollars you win that case.


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InvisibleEnlilMDiscord
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Re: Ask an attorney [Re: vandago] * 2
    #21433382 - 03/19/15 08:44 PM (8 years, 10 months ago)

Quote:

vandago said:
On a facebook thread, I posted my hair for sale.


A woman replied " I bet you a new car no one will buy your hair "


Is that a legal binding contract?  If someone buys my hair can I take her to court and get a car?



That wouldn't be a contract either way because there is no consideration.  Every contract needs each party to give something up for there to be a contract.  That is, at best, a promise, and promises aren't legally enforceable.

Even if it were an offer, it's only binding if it's accepted.  For instance, if she said "I'll bet you a new car no one will buy your hair, but if you lose, you have to give me the hair for free." That'd be an offer which could turn into a contract if accepted by you.

Of course, that contract would probably still be invalid because it's gambling, and an illegal contract is unenforceable.


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Anonymous #51

Re: Ask an attorney [Re: Enlil]
    #21434133 - 03/20/15 12:07 AM (8 years, 10 months ago)

What do you need to merit an arrest concerning a Theft?

Is an accusation and moderate probability of the event happening enough, or does there need to be a recovery of Physical Evidence?


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Invisibleo8u
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Re: Ask an attorney [Re: Anonymous #51]
    #21434187 - 03/20/15 12:22 AM (8 years, 10 months ago)

They need probable cause that someone committed a crime to arrest them, and a witness statement can constitute probable cause.


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OnlineShroomslip
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Re: Ask a defense attorney [Re: o8u]
    #21434837 - 03/20/15 07:37 AM (8 years, 10 months ago)

My property used to be a single property with 2 garage apartments on it. My grandmother gave my uncle one of the apartments, not rent, but signed over the deed and and land in front of it. There's a line (on paper I guess you'd call it) where my property ends and his begins.

A long time ago he put up a fence (his expense). This fence has a gate which leads directly onto MY property and the fence is on the property line. As it is now, it's locked, but by his lock. He can at any time open the gate and freely walk into my back yard. He hasn't, but I do not like him having this ability.

Am I in my legal right to buy a chain to lock the gate with my own lock (where it could only be opened if both parties used their respective keys). Or because he paid for the fence, would this be illegal?

My other alternative is to put up a short section of fencing on my side of the property line blocking the gate entirely. I'd rather not go that route, but will if it's my only legal recourse.


--------------------
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 an attorney [Re: Anonymous #51]
    #21434859 - 03/20/15 07:44 AM (8 years, 10 months ago)

Quote:

Anonymous said:
What do you need to merit an arrest concerning a Theft?

Is an accusation and moderate probability of the event happening enough, or does there need to be a recovery of Physical Evidence?



An accusation by a witness is plenty to arrest someone.


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Ask an Attorney

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InvisibleEnlilMDiscord
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Re: Ask an attorney [Re: Enlil]
    #21435004 - 03/20/15 08:41 AM (8 years, 10 months ago)

Quote:

Shroomslip said:
My property used to be a single property with 2 garage apartments on it. My grandmother gave my uncle one of the apartments, not rent, but signed over the deed and and land in front of it. There's a line (on paper I guess you'd call it) where my property ends and his begins.

A long time ago he put up a fence (his expense). This fence has a gate which leads directly onto MY property and the fence is on the property line. As it is now, it's locked, but by his lock. He can at any time open the gate and freely walk into my back yard. He hasn't, but I do not like him having this ability.

Am I in my legal right to buy a chain to lock the gate with my own lock (where it could only be opened if both parties used their respective keys). Or because he paid for the fence, would this be illegal?

My other alternative is to put up a short section of fencing on my side of the property line blocking the gate entirely. I'd rather not go that route, but will if it's my only legal recourse.



You have some facts missing in here.  Are you the holder of the deed that used to be your grandmother's?  I'm going to assume that you are.

The first issue is to determine who owns what.  I wouldn't count on the fact that the property has ever been legally split into two parcels.  If it hasn't, the whole property may be yours or it may be his.  The county should have records of the parcel split. 

The second issue is to determine where the property line lies.  That'll mean having a surveyor come out and mark it.

Once the above is done, it's a matter of figuring who's property the fence lies on.  If it literally splits the line, it's usually the property of the person who has the frame side of the fence as opposed to the facing side (assuming the sides are different).

Your right to lock the fence will rest on who owns the fence.


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Ask an Attorney

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OnlineShroomslip
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Re: Ask an attorney [Re: Shroomslip]
    #21435078 - 03/20/15 09:12 AM (8 years, 10 months ago)

The property was left to me in her will and we're going through probate right now. As for the splitting of the property, it was all done legally through the city. He made sure of that. He has the frame side on his side though, so I guess that means it's his. Unless I pay a surveyor to come out and find out the fence is actually on my side. Would be kind of a waste though as I'm 99% sure he had a surveyor map out the exact line so he could build the fence as far towards our side of the property as humanly possible.

Sounds like it would just be a lot simpler to build a 4 foot section of fencing that would prevent him from opening the gate towards my side of the property and denying him any access to my back yard. If it's on my property, is there anything really stopping me from doing that? Or is there some kinda loop hole where if he has a gate I have to provide him full access to opening it both ways?


--------------------
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 an attorney [Re: Shroomslip]
    #21435101 - 03/20/15 09:23 AM (8 years, 10 months ago)

That shouldn't be a problem.  I've never seen anything like that in a city ordinance.


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OfflineYogibear72
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Re: Ask an attorney [Re: Enlil]
    #21435571 - 03/20/15 12:15 PM (8 years, 10 months ago)

This thread is very entertaining! And informational! Haha.


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Invisiblecannabinated
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Re: Ask an attorney [Re: Enlil]
    #21435582 - 03/20/15 12:18 PM (8 years, 10 months ago)

Last night I was busted for less than a gram of MDMA. It was around 2:30 AM, I was a passenger in my friends car and he was pulled over for going the wrong way down a one way street. They suspected that he was inebriated, however, he passed the field test. They were pressing to know if there was any weed in the car and my friend said " No, but there might be crumbs". At that point they claimed that they were going to bring a K9 unit. They brought us out of the car and sat us on the end of the cop car that had pulled behind us. They claimed that the K9 gave a positive alert, however, throughout the process we never saw a K9 unit or a dog sniff out the car. After they they claimed they had a positive alert, they searched the car and searched our bodies.  I had stashed the little baggie of MDMA in my sweater cuff and I almost passed the pat down, however my sleeve was slowly slipping down while my hands were on my head and the bag fell on the ground as they finished searching.

They took me to central booking and I was charged with possession of a schedule 1 substance as well as "possession with intent to use drug paraphernalia". They claimed that the bag that the MDMA was in was paraphernalia that was used to store a dangerous substance.

I need to know what the proper course of action is. I don't have the money to hire a private attorney unless my parents were to get involved, which I would hate to have happen. They are going through their own turmoil right now and I'm scared about introducing them to my situation.  My family has access to good lawyers and I know they would help me out, but it would make life at home a living hell.

This is my first offense, I'm a 20 year old college student in the state of Maryland. Also, my court date is in 8 weeks and I have no idea what the scope of the penalties could be.

Any advice would be tremendously appreciated.



Edited by cannabinated (03/20/15 12:27 PM)


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InvisibleMr.GuessWork
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Re: Ask an attorney [Re: cannabinated] * 1
    #21435684 - 03/20/15 12:46 PM (8 years, 10 months ago)

^How about you ask your parents for help, for fuck's sake. They might be pissed, but they're going to help you, and they'll be reeeeaaaaaallly pissed if they find out that you got in bigger legal trouble because you made a stupid decision not to ask them for help. Plus, the stupid decision puts you in worse legal trouble, and that far outweighs any problems you'll have at home. You're 20 years old; you don't have the life experience to handle this problem well by yourself, and your parents are going to save you a lot of unnecessary suffering. Again, just to really stress the point, tell your parents what happened and ask them for help.


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Invisiblecannabinated
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Re: Ask an attorney [Re: Mr.GuessWork]
    #21435773 - 03/20/15 01:07 PM (8 years, 10 months ago)

Or I could just get a public defender and save up for the penalties :shrug:


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InvisibleMr.GuessWork
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Re: Ask an attorney [Re: cannabinated] * 1
    #21435978 - 03/20/15 02:15 PM (8 years, 10 months ago)

Or you could a good lawyer, not get thousands of dollars in fines and better avoid getting drug charges on your permanent record. Not all of the penalties are simply about money. I've heard of lots of public defenders simply telling their clients to plead guilty. When a paid lawyer tells you that, you can fire him and then look for a good lawyer who can actually help you. You don't need a lawyer to walk into court and plead guilty. Any idiot can do that. Furthermore, Your parents probably have more experience with lawyers, and they can probably help get you a good one. You shouldn't walk into a court without help when you're new to the experience. You want people looking out for you so you don't make naive mistakes. The judge or prosecution (or whoever is arguing to punish you) will take advantage of any weakness they can find, and from the way the police search went down, it sounds like you've got exploitable weaknesses, and you would benefit from experienced help. You want all the help you can get.


I think your priorities are wrong. Not getting in trouble with the law is a lot more important than not getting in trouble with you parents. Your parents actually love you and care about what happens to you. The legal system just wants to eat you. Don't feed the pigs, man.


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