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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Probably not. Under the interstate compact, you will be ineligible to get a license in Texas.
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JesseWhite780
Me

Registered: 05/16/12
Posts: 365
Last seen: 11 years, 3 months
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Re: Ask a defense attorney [Re: Enlil]
#16786323 - 09/04/12 11:39 AM (11 years, 8 months ago) |
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I apologize for inquiring about this if it has already been asked of you but have you ever come across an individual who got in trouble with the law because of their personal grows? The context of my question is within the realm of mushrooms. This is assuming that the individual has not broken the first rule. Thanks for your time. By the way this is the first time I've edited!
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Edited by JesseWhite780 (09/04/12 11:44 AM)
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Not knowing what the first rule is, that would be hard to answer. I have never had a case of someone busted for growing shrooms, but I have had several where people have been busted for personal grows of pot. It's not common, however, because the police don't really look that hard for it. Usually, these are people who got caught because the cops served a warrant for something else at their place and saw the plants, etc.
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JesseWhite780
Me

Registered: 05/16/12
Posts: 365
Last seen: 11 years, 3 months
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Re: Ask a defense attorney [Re: Enlil]
#16786551 - 09/04/12 12:23 PM (11 years, 8 months ago) |
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They say the first rule is don't tell anyone. Thanks again for your answer!
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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I'd say the first rule is don't do it if you aren't willing to do time for it.
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Diploid
Cuban



Registered: 01/09/03
Posts: 19,274
Loc: Rabbit Hole
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Re: Ask a defense attorney [Re: Enlil]
#16786714 - 09/04/12 12:53 PM (11 years, 8 months ago) |
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Usually, these are people who got caught because the cops served a warrant for something else at their place and saw the plants, etc
How does that work. I thought a search warrant is narrowly written where only a particular place within the home is searched for a particular illegal thing, and everything else is off limits.
I know my understanding here must be wrong because people get snagged by things irrelevant to the warrant all the time, but how does it actually work? What exactly goes into a search warrant and does that prevent the police from looking anywhere else than specified and finding other illegal things not mentioned in the warrant?
-------------------- Republican Values: 1) You can't get married to your spouse who is the same sex as you. 2) You can't have an abortion no matter how much you don't want a child. 3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer. 4) We need a smaller, less-intrusive government.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: Diploid]
#16786728 - 09/04/12 12:56 PM (11 years, 8 months ago) |
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A search warrant has to specify "with particularity" the items to be seized.
However, under "plain view doctrine", if a cop sees evidence of a crime while he is legally in a home, he can seize it.
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Diploid
Cuban



Registered: 01/09/03
Posts: 19,274
Loc: Rabbit Hole
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Re: Ask a defense attorney [Re: Enlil]
#16786743 - 09/04/12 12:59 PM (11 years, 8 months ago) |
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So if my grow room is in a locked bathroom and the warrant is for searching the bedroom for cash stolen in a bank robbery, I'm good? I don't have to open the bathroom and if they kick down the door, they can't use it against me?
-------------------- Republican Values: 1) You can't get married to your spouse who is the same sex as you. 2) You can't have an abortion no matter how much you don't want a child. 3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer. 4) We need a smaller, less-intrusive government.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: Diploid]
#16786772 - 09/04/12 01:06 PM (11 years, 8 months ago) |
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A search warrant will never be for the bedroom only. It will be for the entire residence including the yard, if any. Having said that, if the search warrant is for a stolen television, and you have weed in a shoebox on the coffee table, they can't search that because a tv wouldn't fit in the shoebox.
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Diploid
Cuban



Registered: 01/09/03
Posts: 19,274
Loc: Rabbit Hole
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Re: Ask a defense attorney [Re: Enlil]
#16786820 - 09/04/12 01:13 PM (11 years, 8 months ago) |
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Ah, now I understand. Thanks again.
-------------------- Republican Values: 1) You can't get married to your spouse who is the same sex as you. 2) You can't have an abortion no matter how much you don't want a child. 3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer. 4) We need a smaller, less-intrusive government.
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ch1ck3n.s0up
Troubled Loner



Registered: 10/03/08
Posts: 2,573
Loc: Hunting Fungi
Last seen: 2 years, 9 months
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Re: Ask a defense attorney [Re: Diploid]
#16788980 - 09/04/12 07:57 PM (11 years, 8 months ago) |
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So regarding the civil case that's been discussed above, I called the law firm today and asked if they would split the amount, but they just raised their offer from $5,200 to $5,400.
What I've determined is that I'm dead lost in court and within the legal system. It's a waste of time for me to even show--better to just go to work and give them a default. But, I think that I can attack this from a different angle--I want to raise the stakes on them.
Citigroup is the original creditor. They sold the debt off to a secondary collection agency, who then hired a law firm to collect. Now, I've been researching the suits that have been filed against Citigroup, and I see some serious weaknesses in their organization, and I see opportunities to sue for millions based on non-compliance with some stuff. They've settled suits about this stuff in the past.
Since my negotiating position is so weak, this this law firm just won't move on the amount. I need to loosen up this firm a bit. What I would like to do is send a letter to Citigroup complaining about the non-compliance that I see. This complaint that is a basis for a lawsuit that they've settled in the past, in preparation for say a $20M suit.
Basically the message is, if you follow through on this suit for 6K, you can expect a 20M suit against the original creditor.
Now, I'm not saying that I will mail them a certified letter saying the IF YOU FOLLOW THROUGH ON THIS SUIT I WILL RESPOND WITH A 20M LAWSUIT AGAINST CITIGROUP, but I'm thinking just CC them on the letter to Citigroup? Just a polite and friendly nudge in the ribs that they'd better cut the shit and be reasonable or they may end up with a huge judgment against the people who are paying their bills. At the same time, I would add the CC to the law firm and debt collector in the letter to Citigroup. It doesn't hurt to let the original creditor know that this law firm's reluctance to settle is the cause of this trouble.
I was even thinking of politely asking the law firm that's suing me if they'd be willing to represent me in the case against Citigroup! Of course, this would be a conflict of interest, but let them tell me that. It's a great way to let them know that their stubbornness could cost the client of their client a lot of money.
Hey, what's the worst that could happen--i get a 500K settlement from Citigroup? Why not? As I've said many times, they received billions in bailout money--they can spare a few hundred K for me.
Is this legal? Can I get into trouble for this? What's the right way to do this?
The dollar trumps the law Dirty, dirty money
-------------------- "Inspiration ~ Move me brightly ~ light the song with sense and color ~ hold away despair ~ more than this I will not ask ~ faced with mysteries dark and vast ~ statements just seem vain at last" --Jerry Garcia, Terrapin Station "Officer, I'm going to remain silent, and I would like to speak with a lawyer. I'm not resisting, but I don't consent to any searches.
Edited by ch1ck3n.s0up (09/04/12 08:54 PM)
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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You're completely in the land of fantasy. Lets break this down:
1. The company that now owns the debt doesn't give a rats ass if you sue citibank. They seriously couldn't care less. This will have zero deterrent effect vis a vis the current suit against you. 2. Citibank will laugh at you. I don't know what "non-compliance" you're talking about, but you have to prove damages...something tells me that you can't prove 20 million in damages. 3. Most likely, any legitimate legal claims you had against Citi are time barred by the statute of limitations. 4. You can get into trouble for filing frivolous suits, yes...by trouble, I mean you can be liable for citi's attorneys fees to fight such a suit. They use big law firms that bill at $500-$1000 an hour...It won't take long for that to add up to a large debt you owe. 5. Asking the law firm suing you to represent you is stupid. It shows how desperate you are. These people aren't stupid, and your transparent attempt to puff out your chest is only going to reveal your weak position.
It really is time to accept defeat. You may have had a shot at one time. Now, you're really at the mercy of the court. I strongly advise you to just take your lumps before you do something really stupid and fuck yourself up good. You know you owe the money, and you're really just fighting because you feel that you've been treated badly...To quote the great Marcellus Wallace, "That's pride fucking with you."
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Diploid
Cuban



Registered: 01/09/03
Posts: 19,274
Loc: Rabbit Hole
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Re: Ask a defense attorney [Re: Enlil]
#16790042 - 09/04/12 10:37 PM (11 years, 8 months ago) |
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Or you could just walk away and let them try to garnish your wages. My guess it it might cost as much as you owe just to figure out where you work, and if you don't make a lot of money and don't own property, when they see that they may decide it's not worth the investment to keep after you. Your credit will suffer for up to 10 years but it's probably already pretty fucked anyway. And even with a default, if you have a three-year history of paying on time, you will be able to get car loans, low-limit credit cards and open a checking account and get a debit card. You might have to go cash-only for a while to build up a few years of on-time payments.
I have no ethical issues with walking away from a debt to a bank in a strategic default if it works to my advantage. Banks lecturing consumers about debts and ethics is worthy of stand up comedy, IMO.
Personally, if I contacted them in good faith and they responded by upping the offer, I'd tell them to fuck off. Then I'd dig in and refuse to pay them a cent on principle, no matter the consequences. I'd switch bank accounts and hide savings where they're not likely to find it. And if they find my employer, I'd quit and go work somewhere else so they'll have to spend money finding me again.
Regardless, I don't think you should let morality color your decision, IMO. This should be a purely tactical decision. But I'm funny that way. I don't like bullies. Your mileage may vary.
-------------------- Republican Values: 1) You can't get married to your spouse who is the same sex as you. 2) You can't have an abortion no matter how much you don't want a child. 3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer. 4) We need a smaller, less-intrusive government.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: Diploid]
#16790493 - 09/05/12 12:01 AM (11 years, 8 months ago) |
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To live a life without assets and without being able to keep a decent job for 10 years over a $6000 debt seems like the epitome of foolish. Broken down monthly, that's $50 he saved each month. All the while, he's paying check cashing fees and buying money orders to pay bills. He's also unable to own a car, a house...anything of value...
To top it all off, interest will acrue on the debt...and most judgments can be renewed for another 10 years...And there's no guarantee that they won't collect eventually...with all of the interest and collection costs, it could easily cost him triple.
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Diploid
Cuban



Registered: 01/09/03
Posts: 19,274
Loc: Rabbit Hole
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Re: Ask a defense attorney [Re: Enlil]
#16791234 - 09/05/12 05:51 AM (11 years, 8 months ago) |
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I don't think it's as bad as you paint it.
Here in Miami, a large fraction of the population is old and immigrant. They don't trust banks so it's a cash economy. They pay $30 a year for a prepaid debit card they can refill conveniently and it even comes with a free web bill-pay service. All the benefits of a bank without a bank.
And given current interest rates on savings around 1/4 percent, they're not losing anything by keeping cash in a mattress.
As for the collection company, they're going for the low-hanging fruit. They're intimidating people in the hopes that some will settle. It's an inexpensive strategy if it nets even one account. But it's unlikely they're going to go to the trouble of tracking down an employer over such a small sum. Even if they did, it's even MORE unlikely they'd try again if you change jobs. I see this all the time down here. Not so much now that banks have gotten stingy, but for years people would get a credit card, rack up the limit, then skip out. Nothing ever happened besides nasty letters and temporarily (3 years in practical terms) credit.
Meanwhile, college students who are always starving run $10 balances in their checking account accidentally bounce checks all the time. Read the finance forum here and there are horror stories of some poor kid forgetting a transaction, then paying $30 EACH for eight $1 or $2 purchases overdrawn. They end up paying $240 in overdraft fees for $10 worth of Slurpies at 7-11. That's criminal, and the banks get away with it. You couldn't even opt out of this "service" until recently laws changed requiring banks to let you opt out. So that poor college student who jumped through the hoops ends up paying $240 for his checking account. Had he done the immigrant strategy, he could have had a $30 a year debit card complete with online bill pay and saved himself a small fortune.
So yeah, if it were me and the bank upped the offer after I contacted them to work something out in good faith, I'd tell them to shove it and live off cash. I REALLY hate bullies and it would be a point of pride for me. Plus I'm confident they wouldn't have much practical recourse. They're not going to spend $10,000 to collect on my $6,000.
But again, your mileage may vary, and I have very strong feelings about bullies. Stronger still when the bully is a bank I helped bail out.
-------------------- Republican Values: 1) You can't get married to your spouse who is the same sex as you. 2) You can't have an abortion no matter how much you don't want a child. 3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer. 4) We need a smaller, less-intrusive government.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: Diploid]
#16791251 - 09/05/12 06:04 AM (11 years, 8 months ago) |
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Quote:
Diploid said: Here in Miami, a large fraction of the population is old and immigrant. They don't trust banks so it's a cash economy. They pay $30 a year for a prepaid debit card they can refill conveniently and it even comes with a free web bill-pay service. All the benefits of a bank without a bank.
Plus 3%-5% check cashing fees.
Quote:
As for the collection company, they're going for the low-hanging fruit. They're intimidating people in the hopes that some will settle. It's an inexpensive strategy if it nets even one account. But it's unlikely they're going to go to the trouble of tracking down an employer over such a small sum. Even if they did, it's even MORE unlikely they'd try again if you change jobs. I see this all the time down here. Not so much now that banks have gotten stingy, but for years people would get a credit card, rack up the limit, then skip out. Nothing ever happened besides nasty letters and temporarily (3 years in practical terms) credit.
We're not talking about that situation here...They have already sued. They are on the eve of trial. I agree that most debtors never get sued because it costs too much. This is a case where the company is going all the way to trial. There's every indication that they will go the extra lap to collect. It's also a fact that whatever costs they incur doing so will be added to the judgment.
Quote:
So yeah, if it were me and the bank upped the offer after I contacted them to work something out in good faith, I'd tell them to shove it and live off cash. I REALLY hate bullies and it would be a point of pride for me. Plus I'm confident they wouldn't have much practical recourse. They're not going to spend $10,000 to collect on my $6,000.
But again, your mileage may vary, and I have very strong feelings about bullies. Stronger still when the bully is a bank I helped bail out.
Every case is about principles until it's about money. At some point, hopefully, chickensoup will be in line for a high paying job. Such jobs often check credit reports. There is a very good possibility that he would end up losing a $100k/year opportunity over a $6k debt.
It isn't about right and wrong here...it rarely is...It's about minimizing the damage. Chicken has already made some poor decisions which have gotten him to this point. Making more poor decisions out of righteous indignance is only going to hurt him more. I agree with your perspective, but I think your suggestion is possibly the worst course of action he could take short of robbing liquor stores to pay the debt.
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Diploid
Cuban



Registered: 01/09/03
Posts: 19,274
Loc: Rabbit Hole
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Re: Ask a defense attorney [Re: Enlil]
#16791258 - 09/05/12 06:20 AM (11 years, 8 months ago) |
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Plus 3%-5% check cashing fees.
Not if your paycheck is direct deposited into the debit card. Then it's free.
We're not talking about that situation here...They have already sued.
I know. But I also know people who have been sued, ignored it and didn't even bother to appear, then never heard anything more beyond a bad credit report. This is what I mean about casting a wide net. They robo-sue a bunch of people in the hopes of scaring some into cooperating. Then they take the easy money from the scared people and write off the rest as too speculative to invest any more money trying to collect.
And winning the suit is just the first part anyway. Next they have to figure out if you have anything worth taking. If you don't have property, they're pretty much out of luck. They can try to take your car and garnish wages, but it takes even MORE money to investigate this with no guarantee that you even have a job or a car.
I'm sure it doesn't always go this way, especially with large sums, but I know that this is just part of everyday life among half of Miami. They get notice of the court date and toss it in the trash with a shrug.
I think your suggestion is possibly the worst course of action he could take
Could be. That's why I keep saying that this is what I, personally, would do. His mileage may vary. I happen to feel very strongly about bully banks and am willing to accept the possible consequences, especially since I believe they're minimal given how many people I see around me living in a cash society.
-------------------- Republican Values: 1) You can't get married to your spouse who is the same sex as you. 2) You can't have an abortion no matter how much you don't want a child. 3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer. 4) We need a smaller, less-intrusive government.
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Stonehenge
Alt Center


Registered: 06/20/04
Posts: 14,850
Loc: S.E.
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Re: Ask a defense attorney [Re: Diploid]
#16792030 - 09/05/12 11:44 AM (11 years, 8 months ago) |
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Enlil is right and not just because he's a rich lawyer and can afford to pay off such a small sum. My suggestion is to go to them if its not too late and ask to work out a payment plan. This will minimize the damage to the credit and no need to lay low for years on end. Very likely they will accept payments since it saves them a lot of trouble. It might be as low as $50 a month but it sounds like he may have waited a little too long because before trial is best.
-------------------- “A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835) Trade list http://www.shroomery.org/forums/showflat.php/Number/18047755
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Anonymous #16
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Re: Ask a defense attorney [Re: Stonehenge]
#16793719 - 09/05/12 05:03 PM (11 years, 8 months ago) |
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what if someone has an expunged felony for manufacturing and distributing hallucinogens, and a couple dui's. Can they take a bar exam ?
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NizzyJones
Fight evil with funk


Registered: 08/22/06
Posts: 2,082
Loc: Somewhere North of Normal
Last seen: 2 years, 12 days
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Going from what he said above it probably matters when the offenses occurred relative to your entering law school.
-------------------- Wildflower seed on the sand and stone, may the four winds blow you safely home Curriculum vapidum (dry herb vapes)
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