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InvisibleEnlilMDiscord
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Re: Ask an attorney [Re: trippinballs420]
    #21734340 - 05/28/15 09:14 PM (8 years, 7 months ago)

I made slightly over 60k as a PD.  I took cases to trial as a PD.  I'm not a PD anymore, and I don't primarily do criminal cases.  My practice is primarily suing government entities for civil rights violations.  I also take various other suits under statutes that have attorneys fees for prevailing plaintiffs.  With all of that, I don't need to take every criminal case that comes my way.


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Invisibletrippinballs420
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Re: Ask an attorney [Re: Buck513]
    #21734345 - 05/28/15 09:15 PM (8 years, 7 months ago)

i mean asking him about his career not actual legal advice


but i guess ask an attorney covers every question :lol:


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Invisibletrippinballs420
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Re: Ask an attorney [Re: Enlil]
    #21734353 - 05/28/15 09:16 PM (8 years, 7 months ago)

nice! stickin it to the man haha


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OnlineShroomslip
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Re: Ask an attorney [Re: trippinballs420]
    #21734688 - 05/28/15 10:30 PM (8 years, 7 months ago)

Well if this is gonna be an AMA I have a question..

If you're an attorney that knows criminal law, is there any reason (other than being able to call for mistrial or whatever it is when the attorney fucked up your case) for you to not represent yourself? I've wondered this because no one is more vested in proving your innocence than yourself, so I feel like you'd work a lot harder on your case than someone you hired. I know there are certain avenues you can't go down if you represent yourself, but other than that, is there a reason not to?


--------------------
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]
    #21734713 - 05/28/15 10:37 PM (8 years, 7 months ago)

The biggest reason not to is because you'd be arguing on your own behalf in front of a jury.  That's very different from having someone else argue for you.  What if you don't want to testify?  How do you explain to the jury why you can't tell your side of the story?

It is a whole different thing to have an attorney argue for you.  It plays far better at trial.


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InvisibleRevok
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Re: Ask an attorney [Re: Enlil]
    #21737261 - 05/29/15 03:11 PM (8 years, 7 months ago)

Ca you explain the rationale behind THC being a prohibited substance in a pre-employment drug screen in a state like Ca.? I imagine the impetus is they don't want to take responsibility should an accident occur but the presence of THC by itself given it's longevity in the system is not the same as "being under the influence". Is this something we can see in the near future as changing given the National shift in how Marijuana is perceived?


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InvisibleEnlilMDiscord
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Re: Ask an attorney [Re: Revok]
    #21737357 - 05/29/15 03:38 PM (8 years, 7 months ago)

Employers can use pretty much whatever criteria they want when deciding who to hire, unless that criteria is specifically against statute.  THC is in a bit of a transition, however, because in California, it is a medically prescribed drug, and the argument can be made that discriminating based on it's use is discriminating based on a medical condition...which gets into ADA territory.

Of course, the ADA is federal law, and THC is illegal federally.

The times, they are a changin' though.  We'll see what the future holds.


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InvisibleRevok
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Re: Ask an attorney [Re: Enlil]
    #21737377 - 05/29/15 03:43 PM (8 years, 7 months ago)

Are you ready to take on a landmark case pro bono?


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Offlinepsyconaught
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Registered: 11/04/10
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Re: Ask an attorney [Re: Enlil]
    #21737388 - 05/29/15 03:46 PM (8 years, 7 months ago)

Quote:

Enlil said:
Employers can use pretty much whatever criteria they want when deciding who to hire, unless that criteria is specifically against statute.  THC is in a bit of a transition, however, because in California, it is a medically prescribed drug, and the argument can be made that discriminating based on it's use is discriminating based on a medical condition...which gets into ADA territory.

Of course, the ADA is federal law, and THC is illegal federally.

The times, they are a changin' though.  We'll see what the future holds.



what about government jobs? If you are drug tested in a state that has legal/medical marijuana can the state refuse to hire you if you test positive for THC?


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InvisibleEnlilMDiscord
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Re: Ask an attorney [Re: psyconaught]
    #21737422 - 05/29/15 03:58 PM (8 years, 7 months ago)

Probably, they can.  The state isn't any more restricted in hiring than anyone else.


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Invisibleo8u
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Re: Ask an attorney [Re: Enlil]
    #21737465 - 05/29/15 04:15 PM (8 years, 7 months ago)

Quote:

Enlil said:
Employers can use pretty much whatever criteria they want when deciding who to hire, unless that criteria is specifically against statute.  THC is in a bit of a transition, however, because in California, it is a medically prescribed drug, and the argument can be made that discriminating based on it's use is discriminating based on a medical condition...which gets into ADA territory.

Of course, the ADA is federal law, and THC is illegal federally.

The times, they are a changin' though.  We'll see what the future holds.




THC is actually a legally prescribed drug throughout the US and is Schedule III under the brand name Marinol (generic name dronabinol). It is approved by the U.S. Food and Drug Administration (FDA) in the treatment of anorexia in HIV/AIDS patients, as well as for refractory nausea and vomiting of patients undergoing chemotherapy.


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Offlinepsyconaught
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Re: Ask an attorney [Re: Enlil]
    #21737510 - 05/29/15 04:30 PM (8 years, 7 months ago)

Quote:

Enlil said:
Probably, they can.  The state isn't any more restricted in hiring than anyone else.



I thought they were more legally restrained about hiring practices. If they refused to hire someone because of THC wouldnt that fall under medical condition discrimination? I'm sure there are state level laws regarding that correct?


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InvisibleEnlilMDiscord
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Re: Ask an attorney [Re: psyconaught]
    #21737535 - 05/29/15 04:37 PM (8 years, 7 months ago)

I already said that, but let's be clear:  There is no law against refusing to hire someone because of his/her medical condition. Unless the condition qualifies as a disability under federal or state law, it's fair game.  Even if it does qualify as a disability, it may be okay for them to choose not to hire people who use alcohol, THC, or any number of chemicals as long as they can show that there is no reasonable accommodation that would make them able to perform the job.


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Invisiblejohnm214
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Re: Ask an attorney [Re: Enlil]
    #21739518 - 05/30/15 01:13 AM (8 years, 7 months ago)

Quote:

Enlil said:
Employers can use pretty much whatever criteria they want when deciding who to hire, unless that criteria is specifically against statute.  THC is in a bit of a transition, however, because in California, it is a medically prescribed drug, and the argument can be made that discriminating based on it's use is discriminating based on a medical condition...which gets into ADA territory.





Doctors don't prescribe marijuana in California, they certify its use may be helpful. The requirement is:

"2) Written documentation by the attending physician in the person'
s medical records stating that the person has been diagnosed with a
serious medical condition and that the medical use of marijuana is
appropriate." Health and Safety sec 11362.715(a)(2)


Saying something is appropriate seems pretty weak to me, its not even a recommendation.


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InvisibleBuck513

Registered: 04/17/14
Posts: 5,682
Re: Ask an attorney [Re: johnm214]
    #21741438 - 05/30/15 03:06 PM (8 years, 7 months ago)

Oddly enough they don't drug test mail men lol


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Invisiblevandago
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Re: Ask a defense attorney [Re: Enlil]
    #21741759 - 05/30/15 04:43 PM (8 years, 7 months ago)

Quote:

Enlil said:
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.






So the arresting officer in this case got fired or quit not sure....but the court docket says they subpenaed my brother and the cop and my brother changed addresses so they haven't been able to find him, and the cop is no longer with the police department so it says she is no longer a witness.


How can they convict me without any witnesses?  Can they?


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InvisibleMr.GuessWork
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Re: Ask a defense attorney [Re: vandago] * 1
    #21741778 - 05/30/15 04:52 PM (8 years, 7 months ago)

Wow. Life just kicks ass sometimes.


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: vandago] * 2
    #21741937 - 05/30/15 05:40 PM (8 years, 7 months ago)

Quote:

vandago said:

How can they convict me without any witnesses?  Can they?



Most likely, they can't.  It sounds like your case got much better.


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Invisibleo8u
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Re: Ask a defense attorney [Re: vandago] * 1
    #21742013 - 05/30/15 06:04 PM (8 years, 7 months ago)

Wow, talk about luck. Stop drinking and driving and do something nice for a homeless guy. You hit the legal lottery.


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InvisibleBuck513

Registered: 04/17/14
Posts: 5,682
Re: Ask a defense attorney [Re: vandago]
    #21742257 - 05/30/15 07:05 PM (8 years, 7 months ago)

Quote:

vandago said:
Quote:

Enlil said:
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.






So the arresting officer in this case got fired or quit not sure....but the court docket says they subpenaed my brother and the cop and my brother changed addresses so they haven't been able to find him, and the cop is no longer with the police department so it says she is no longer a witness.


How can they convict me without any witnesses?  Can they?




Don't let this slap on the wrist change things as far as getting yourself together.


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