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Tomandjerry58
Stranger

Registered: 01/27/03 
Posts: 5,212
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Re: Ask a defense attorney [Re: Enlil]
#21603302 - 04/27/15 10:09 AM (8 years, 8 months ago) |
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In general aren't religions commercial anyways?
Nice info on the "general applicability". . Funny how fast congress came up with another law after the smith case but your right if the state is not behind it, then its not applicable.
Which my state just approved their version of the bill but don't know how far it would hold in court. Although this is the clear path from which the "sacrament" churches are operating.
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Tomandjerry58
Stranger

Registered: 01/27/03 
Posts: 5,212
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Read further into the City of Boerne v Flores.
It was unconstitutional and completely ridiculous for him to try and enact the RFRA for his gain in property. If something like that would have passed it would have given religious leaders powers nobody should have. Gain in property or to build on historic property is far from free exercise. Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal this kind of reinstated the constitutionality. But again it was a federal case And took them 6 years YOu can definitely see the path of operation and im sure the udv and nac are operating fully now without scrutiny. I have my doubts about citizens using these churches as a scapegoat to to defy the law. Most of these churches use highly powerful hallucinogens as there sacraments. Which would be extremely hard for someone just to fake an experience.
Also the whole religion thing runs deep with most people. I would assume anybody that would join, must have some kind of affinity towards god and use of sacraments.
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Bray


Registered: 06/23/14
Posts: 66
Last seen: 5 years, 2 months
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I recently saw that Indiana had passed their own version of the Religious Freedom Act and someone promptly registered the First Church of Cannabis in Indianapolis, which was accepted by the Secretary of State. I'm guessing this means that it has status as a religious corporation, but can't offer any protection from drug charges to it's members?
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Tomandjerry58
Stranger

Registered: 01/27/03 
Posts: 5,212
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Re: Ask a defense attorney [Re: Bray]
#21614070 - 04/29/15 04:59 PM (8 years, 8 months ago) |
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Id honestly be afraid of a church that's not federally recognized in this situation.
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Buck513

Registered: 04/17/14
Posts: 5,682
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Enlil what would you say makes someone a great attorney? Is it simply remembering laws to a T and being able to cite past court cases and laws, etc?
Also, what's the stance on opium? If someone had as much as an acre of poppy plants growing and they were raided but had nothing illegal in the home and had not yet tried to extract the opium from the poppy, is anything illegal there? It was always my understanding nothing was illegal up until you tried to extract the opium, regardless of how many plants you may have.
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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: Bray]
#21616752 - 04/30/15 08:38 AM (8 years, 8 months ago) |
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Quote:
Bray said: I recently saw that Indiana had passed their own version of the Religious Freedom Act and someone promptly registered the First Church of Cannabis in Indianapolis, which was accepted by the Secretary of State. I'm guessing this means that it has status as a religious corporation, but can't offer any protection from drug charges to it's members?
As noted above, being a church doesn't mean that it's exempted from drug laws. There are statutes protecting particular groups of people from being convicted for possession of particular drugs in particular ways. There is no blanket exemption, however.
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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: Buck513]
#21616778 - 04/30/15 08:47 AM (8 years, 8 months ago) |
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Quote:
Buck513 said: Enlil what would you say makes someone a great attorney? Is it simply remembering laws to a T and being able to cite past court cases and laws, etc?
No. Lawyers don't know all of the laws. A good lawyer is someone who knows how to find the law. A great lawyer is someone who knows how to find the cracks in the law.
But there are all kind of lawyers. What makes a trial attorney great isn't the same as what makes a tax attorney great. I'd hazard a guess that those are almost mutually exclusive, actually.
Great lawyers all think quickly and outside of the box. They anticipate how most people will see an issue and then shift the issue around until they find a more advantageous way to look at it. He who frames the question almost always wins the day, so great lawyers need to be experts at finding the best angle from which to frame it.
Quote:
Also, what's the stance on opium? If someone had as much as an acre of poppy plants growing and they were raided but had nothing illegal in the home and had not yet tried to extract the opium from the poppy, is anything illegal there? It was always my understanding nothing was illegal up until you tried to extract the opium, regardless of how many plants you may have.
Cultivating poppies that one knows contain a controlled substance is a crime. It's not really a gray area. The only thing that muddies the water is that these crimes are rarely prosecuted unless it's a large field or there is some evidence of extracting and/or selling.
The bottom line is one of knowledge. If you have a few poppies in your garden, it's going to be hard to prove that you knew they contained a controlled substance.
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Buck513

Registered: 04/17/14
Posts: 5,682
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Re: Ask a defense attorney [Re: Enlil]
#21617085 - 04/30/15 10:44 AM (8 years, 8 months ago) |
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You da' man enlil.
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Anonymous #99
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Re: Ask a defense attorney *DELETED* [Re: Buck513]
#21634976 - 05/04/15 02:01 PM (8 years, 8 months ago) |
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Post deleted by Anonymous
Reason for deletion: Old
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
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The warrant won't give them authority to search anything but the property specified on the warrant, but that doesn't mean they can't search it. If the property with the still is government owned, of course they can search it. If it is owned by someone else, they may not be able to search it on that warrant, but even if they do search it illegally, your friend wouldn't be able to challenge that search because he lacks "standing."
In 4th amendment cases, "standing" basically is the right to claim a violation of the amendment. When your home is searched, you have standing, but when someone else's home is searched, you don't...even if you are being charged based on something found in someone else's home.
Having said the above, having the still off of his property makes it somewhat harder for the state to prove that he is the one in possession of the still.
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vandago



Registered: 07/07/04
Posts: 20,917
Loc: .
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Re: Ask a defense attorney [Re: Enlil]
#21669997 - 05/12/15 01:24 PM (8 years, 8 months ago) |
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Here's the story. It's really long.
I was drinking the night before and called my brother. Him and I got into an argument.....nothing too major....and we sent a couple shitty texts back and forth and I went to sleep. I wake up to him texting me that I am a drama queen asshole. I responded with.....so you are just going to straight insult me? Met with...yup shut the fuck up......
As he immediately pulls into my driveway with his 3 month old kid.
I get out of bed and feed my dogs and let em out, and go to the kitchen to make an omelet. As I am cooking he is showing off his new pistol and rifle he won in a rally.....rule in my house is no guns....which is why refused to come over, because he always carries a gun on him.....he's pulled it on me before.
So I make my food and sit down to eat. I turn and look to him and ask him if he remembers a month ago when I had to go to court for wrecking my car. He instantly starts talking shit and called me a liar....I was trying to tell him it was a case of mistaken identity ( they were trying to say I had a warrant )....and it turned out it was someone who shared my name and a similar license plate.
He continues talking shit about how I always blame my problems on someone else bla bla. It starts to escalate and I don't remember what was said that got it to the point of him saying " I will whip your ass right here in this living room "
So I said lets go outside...and started walking for the door.
As I looked back he immediately went to grab his pistol so I rushed him before he could. He dropped it back in the box right before I shoved him into the door. He then picked a barstool up over his head either to block or hit me with, and I grabbed it out of his hands and dropped it on the ground. We then both put our dukes up to fight, and my step dad yelled call the cops, so my bro reached over and called 911.
The locals and the sheriff showed up. They had us separated. I explained to the cop I was arguing with him, he showed up unannounced with 2 guns, threatened to fight me, so I said lets go out side, when he grabbed a gun, and I pushed him...then the barstool.
He told the cops I was drunk ( It was noon ) and I punched him in the chest, shoved him, then tried to hit him with a barstool.
My step dad said I did push him.
I admitted to pushing him, only because he had a gun
The cops asked to see the gun......I took them to it....they said "Oh it isn't even loaded"
So they cuffed me and charged me with domestic violence.
I went to my pre trial yesterday and they appointed me an attorney thats not a PD but an actualy attorney from what I read. He gets them to drop it to M4 disorderly conduct, 300 dollar fine, 1 year of prob, anger management, and dug and alcohol classes the whole year.
I said no. Lets take it to trial. He said I have somewhat of a case. What's your guy's verdict?
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ToiletPaper
Level 6 Lazer Lotus

Registered: 01/25/15
Posts: 115
Loc: Right over there!
Last seen: 3 years, 11 months
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Re: Ask a defense attorney [Re: vandago]
#21672659 - 05/12/15 11:21 PM (8 years, 8 months ago) |
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If you were being blackmailed and you committed a crime and "they" (i'm guessing the prosecuter) found out, would your punishment be less severe?
Second, what if someone threatened you with death unless you commit a crime for them. Like for instance someone behind you pulled a gun on you and told you to rob the bank or else. What would be the legal ramifications?
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mushypanda
Care Bear


Registered: 12/18/08
Posts: 3,406
Last seen: 7 years, 10 months
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Does anyone know anything about criminal background reports and how charge are sealed or expunged? Nys
I was facing 9 felonies at one point but I believe I used my Youthful offender and they all got dropped to 3 misdemeanor charges. This was nearly a decade ago. All I know is when I went for a state job a few months back it came.up and prevented me from employment. This situation is a bit different as it's not a state job but Idk how far back they go or anything. I was told by someone recently that the charges don't just come off your record but that you.are eligible for an expungment hearing after 7.years and I'd have to go back to court to begin that process of having them sealed or expunged.. I really need to take care of this as my past continues to haunt me and cause great problems in my life. Any advice or wisdom on the topic is greatly appreciated!!
-------------------- There is something to be said for nodding out to a spectacle of colors. Plus that body high & euphoria...._Dark-Star We are entirely defined by what we do and how we treat others._daytripper05
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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: vandago]
#21678268 - 05/14/15 09:37 AM (8 years, 8 months ago) |
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Quote:
vandago said:
I said no. Lets take it to trial. He said I have somewhat of a case. What's your guy's verdict?
If you want to go to trail, it's your choice. If you do, however, you risk losing and getting a worse charge on your record along with a larger fine.
P.S. PDs are "actual attorneys".
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,471
Loc: Uncanny Valley
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Quote:
ToiletPaper said: If you were being blackmailed and you committed a crime and "they" (i'm guessing the prosecuter) found out, would your punishment be less severe?
Probably not.Quote:
Second, what if someone threatened you with death unless you commit a crime for them. Like for instance someone behind you pulled a gun on you and told you to rob the bank or else. What would be the legal ramifications?
Technically, you're not guilty of any crime if it was done out of "necessity". You have to prove that you only did the crime to prevent a greater harm, and that you had no other alternative. This can work for any crime except murder.
Of course, if you had a chance to escape or notify the police, your defense will disappear.
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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: mushypanda]
#21678273 - 05/14/15 09:40 AM (8 years, 8 months ago) |
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Quote:
mushypanda said: Does anyone know anything about criminal background reports and how charge are sealed or expunged? Nys
I was facing 9 felonies at one point but I believe I used my Youthful offender and they all got dropped to 3 misdemeanor charges. This was nearly a decade ago. All I know is when I went for a state job a few months back it came.up and prevented me from employment. This situation is a bit different as it's not a state job but Idk how far back they go or anything. I was told by someone recently that the charges don't just come off your record but that you.are eligible for an expungment hearing after 7.years and I'd have to go back to court to begin that process of having them sealed or expunged.. I really need to take care of this as my past continues to haunt me and cause great problems in my life. Any advice or wisdom on the topic is greatly appreciated!!
Expungements are not hard to do, but if you don't want to navigate the system, there are literally hundreds of expungement lawyers online who do them for $500 or so.
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mushypanda
Care Bear


Registered: 12/18/08
Posts: 3,406
Last seen: 7 years, 10 months
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Re: Ask a defense attorney [Re: Enlil]
#21679099 - 05/14/15 02:26 PM (8 years, 8 months ago) |
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Thank you Enlil!
I can't afford to hire a lawyer.
Would you be willing to give a bit of direction? Do I go to the county clerk to begin?
-------------------- There is something to be said for nodding out to a spectacle of colors. Plus that body high & euphoria...._Dark-Star We are entirely defined by what we do and how we treat others._daytripper05
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vandago



Registered: 07/07/04
Posts: 20,917
Loc: .
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Re: Ask a defense attorney [Re: Enlil]
#21680949 - 05/14/15 10:01 PM (8 years, 8 months ago) |
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Quote:
Enlil said:
Quote:
vandago said:
I said no. Lets take it to trial. He said I have somewhat of a case. What's your guy's verdict?
If you want to go to trail, it's your choice. If you do, however, you risk losing and getting a worse charge on your record along with a larger fine.
P.S. PDs are "actual attorneys".
Am I innocent by your eyes? I know I am innocent or I wouldn't have taken it to trial....but do you think I am innocent? do I have a case? I can't afford to lose another half a year to these fucks
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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: mushypanda]
#21681972 - 05/15/15 07:22 AM (8 years, 8 months ago) |
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Quote:
mushypanda said: Thank you Enlil!
I can't afford to hire a lawyer.
Would you be willing to give a bit of direction? Do I go to the county clerk to begin?
Start there, I suppose. Every state has different procedures. Some have a form, some don't.
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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: vandago]
#21681985 - 05/15/15 07:27 AM (8 years, 8 months ago) |
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Quote:
vandago said:
Am I innocent by your eyes? I know I am innocent or I wouldn't have taken it to trial....but do you think I am innocent? do I have a case? I can't afford to lose another half a year to these fucks
I don't make innocent/guilty determinations. I have no idea if you're innocent.
I know that at trial, they're going to argue that you were engaged in mutual combat, at best, which is still a crime. I don't know if your relatives are going to testify, or what they'll say, but I wouldn't count on it being the truth.
You may win or you may lose. There are no guarantees at trial. Yes, you have a beatable case, but that just means that you have a good shot of winning. The choice is yours because the risks are.
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