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Anonymous #18
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Re: Ask a defense attorney [Re: Enlil]
#16844178 - 09/13/12 11:09 PM (11 years, 9 months ago) |
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this thread is a great idea.. my question is ... if serious charges are dropped before one enters the court room , is it worth sue ing the police for compensation?
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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There are very few cases where suing is even an option. Police have "qualified immunity." This means as long as their actions weren't such that any reasonable cop would know they were a violation of the law, you can't even sue them.
If you have enough to sue for a civil rights violation under 42 U.S.C. 1982, then it's usually worth it to do it. Reasonable attorney fees are provided for in the statute, so one can usually find an attorney to take the case.
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DarkMatterOfFact
ZealtheDealforthePill



Registered: 07/29/09
Posts: 1,602
Loc: South Cali
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Re: Ask a defense attorney [Re: Enlil]
#16844475 - 09/14/12 12:23 AM (11 years, 9 months ago) |
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what would one do to get a 1st offense dui off their record after 3 years since the date. considering one has all their stipulations of the offense paid. including classes, fines and community service.
i heard you have to go in front of judge to ask for it to be expunged. do you know exactly what to do to do this or is that bullshit and you have to wait ten years. because when people look me up its a major red flag for some jobs and id like to know if its possible. It was a misdemeanor dui after all.
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Nixon was a asshole. Just look at his biggest creation. Ladies and gentlemen, I give you the DEA. Which secretly stands for Demonizing Everyone by Allegations.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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Every state has their own expungement laws. There are firms that handle only expungements. They can be found all over the internet. It costs like $500 and you usually don't have to appear personally in court.
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DarkMatterOfFact
ZealtheDealforthePill



Registered: 07/29/09
Posts: 1,602
Loc: South Cali
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Re: Ask a defense attorney [Re: Enlil]
#16844543 - 09/14/12 12:58 AM (11 years, 9 months ago) |
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ok thanks. 
that doesnt sound too bad. well the 500$ part kinda does. bringing the grand total to 5500 plus the hiked insurance rates i gotta pay.
hard lessons are sure a bitch eh? i just think of all the useful stuff that 5 grand could of went into, like classes or investments and it bugs me.
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Nixon was a asshole. Just look at his biggest creation. Ladies and gentlemen, I give you the DEA. Which secretly stands for Demonizing Everyone by Allegations.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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Think of how much cheaper $5k is than you would have paid in a wrongful death suit...and how much time you'd have spent in jail...
Consider it a cheap education.
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DarkMatterOfFact
ZealtheDealforthePill



Registered: 07/29/09
Posts: 1,602
Loc: South Cali
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Re: Ask a defense attorney [Re: Enlil]
#16844727 - 09/14/12 02:11 AM (11 years, 9 months ago) |
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yeah i do exactly that but im a person who cant stand wasting money and burning bridges.
i am grateful no one got hurt when i got in a accident though. i was goin 30 mph when i rear ended this guy in a truck we both could of been injured. more so because id feel real shitty about it, aside from the prison sentence.
get this though i actually hit someone that was drunk too so we both got arrested. he stopped fast in front of me like way before the light and i was like 15 feet behind him. next thing i know my air bag slams me in the face. some crazy odds there i wonder how many times two drunk people crash into each other. i was damn lucky. but still its put a stain on things considering im not exactly in the high income bracket, im only a carpenter and the industry isnt exactly booming.
anyways thanks again for the insight.
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Nixon was a asshole. Just look at his biggest creation. Ladies and gentlemen, I give you the DEA. Which secretly stands for Demonizing Everyone by Allegations.
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Diploid
Cuban



Registered: 01/09/03
Posts: 19,274
Loc: Rabbit Hole
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get this though i actually hit someone that was drunk too so we both got arrested

I'll never understand what is so pressing about getting fucked up that it can't wait until you get home. I absolutely LOVE drugs. They feature prominently in my life. And I've never, not once, driven a car while impaired.
Not because I don't want to get caught, but because I just couldn't live with myself if I hurt or killed someone over a transient high.
Anyway, I'm glad you didn't hurt anyone or get hurt yourself. Live and learn.
-------------------- 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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Anonymous #19
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Re: Ask a defense attorney [Re: Enlil]
#16844766 - 09/14/12 02:37 AM (11 years, 9 months ago) |
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Quote:
Enlil said:
Quote:
Penis Envy said: How easy is it for cops to get a warrant to search a residence? If someone called an anonymous tip of a grow (say a person seeking revenge who heard you talking about growing), could they act on it, even if the caller has never seen the grow? What evidence would they need to execute a warrant and how long would they investigate after tip is made?
Anonymous tips are only enough for a warrant if there are enough verifiable facts in the tip that give rise to probable cause. For instance, if the tip says, "At 45 main street, you'll find a guy named Arnold Brown. He has a Blue 1984 Toyota Corolla with a broken side window. He goes there every monday and thursday at 9 am and stays there until about 4 pm. In side the house, he has a large marijuana grow operation consisting of three separate bedrooms converted into grow rooms." If the cops go to the place and see that, in fact, a 1984 blue corolla, owned by arnold brown, arrives at the house on those days at those times...that's enough verifiable information to give the rest of the tip credibility.
That's an extreme example, and most anonymous tips have less information than that...The less verifiably true information (and the more verifiably false information), the less reliable the tip is and less likely to support a warrant.
Typical of a lawyer, Enlil answered only what was asked leaving out what I believe to be relevant information. I could be wrong, but just because an anonymous tip in and of itself wasn't enough for a warrant it could very well be enough to open an investigation, do some trash runs, etc.
Unfortunately almost everything in Enlil's example that supposedly provides credibility to the tip could easily be known by an observant neighbor and really shouldn't provide any credibility to the tip. It is not difficult at all to observe the make, model, year and quirks of a vehicle in public view, nor the times at which someone comes and goes. The ONLY thing in that statement that would lend any credibility to the tip in my opinion is who actually owns the car, but that too should be pretty useless because it is generally safe to assume the person driving the car also owns it. All that information should provide no substantiation that some anonymous person has ANY knowledge what-so-ever of what goes on INSIDE a place, but according to Enlil, who's knowledge I am not trying to call into question, it apparently does. I am merely noting how horribly rigged in favor of the police the legal system is.
Thank you Enlil for sharing your knowledge and time with us.
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DarkMatterOfFact
ZealtheDealforthePill



Registered: 07/29/09
Posts: 1,602
Loc: South Cali
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Re: Ask a defense attorney [Re: Diploid]
#16844790 - 09/14/12 03:07 AM (11 years, 9 months ago) |
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Quote:
Diploid said: get this though i actually hit someone that was drunk too so we both got arrested

I'll never understand what is so pressing about getting fucked up that it can't wait until you get home. I absolutely LOVE drugs. They feature prominently in my life. And I've never, not once, driven a car while impaired.
Not because I don't want to get caught, but because I just couldn't live with myself if I hurt or killed someone over a transient high.
Anyway, I'm glad you didn't hurt anyone or get hurt yourself. Live and learn.
thanks, i am too and i agree its stupid as fuck to drive drunk. especially given cars are dangerous enough as it is.
i was out at a bar and meeting up with some old friends and sometimes you get a little carried away on the drinks. im careful as fuck too i wouldnt even drive stoned or buzzed before the dui and i literally have 0 tickets in my 11 years of driving.
i just chalk it up to was having a bad night and my head was in a bad place then or at least that night. plus some jar head was trying to pick a fight with me because his chick was checking me out. so i just was like fuck this place i gots to go before something goes down. guess it didnt pan out too well with that idea.
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Nixon was a asshole. Just look at his biggest creation. Ladies and gentlemen, I give you the DEA. Which secretly stands for Demonizing Everyone by Allegations.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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Quote:
Anonymous said: it could very well be enough to open an investigation, do some trash runs, etc.
Riding a skateboard is enough for that in some towns.
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Anonymous #20
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Re: Ask a defense attorney [Re: Enlil]
#16848438 - 09/14/12 08:43 PM (11 years, 9 months ago) |
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Anonymous #21
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I know your a defense Attorney, but do you know anything about applying for disability? There is so much info out there.. it seems alot of it is voodoo.. whats the truth on it (if u know?)
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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You're right. It is voodoo. All of that administrative law shit is. I stay as far away as I can. I know pretty much nothing about disability law.
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Shroom_i
Gatherer




Registered: 10/13/10
Posts: 868
Loc: Zone Six (6)
Last seen: 7 years, 5 months
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Re: Ask a defense attorney [Re: Enlil]
#16871820 - 09/18/12 10:24 PM (11 years, 9 months ago) |
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Went to court today. got off of my lowered charge of malicious destruction of property, which was lowered from Arson 3, Free as a motherfucker man. Scotfreeeee
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Anonymous #1
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Re: Ask a defense attorney [Re: Enlil]
#16873950 - 09/19/12 10:14 AM (11 years, 9 months ago) |
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Enlil: My room mate and I went to the DMV to get ID cards yesterday (he lost his 2+ years ago, I don't have a photo ID because my license was revoked/currently have a limited driving privledge).
He got everything sorted out with his photo ID and has a new one on the way, but found out his license is revoked because of a speeding ticket + 2 failure to appear charges from 2005. Now, I know this is EXTREMELY low on the list of important shit for cops to do and probably varies jurisdiction-to-jurisdiction, but (in your experience) what's the likelihood of the police coming to our house to look for him now that his address has been updated? Would they ever haul him in if he's in a car that gets pulled over?
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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They can't haul him in for having a revoked license if he isn't driving. Of course, if he has a warrant they can arrest him for that alone. It's unlikely that they would go to his house to do that, of course. It's pretty likely, however, that he will be arrested if a cop ever runs his id and finds a warrant.
He should check to see if there is a warrant.
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luvdemshrooms
Two inch dick..but it spins!?


Registered: 11/29/01
Posts: 34,247
Loc: Lost In Space
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Quote:
He should check to see if there is a warrant.
And if there is, he should deal with it immediately.
-------------------- You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers
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Anonymous #1
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Quote:
luvdemshrooms said:
Quote:
He should check to see if there is a warrant.
And if there is, he should deal with it immediately.
I wish. Getting the guy to go to the DMV to get a fucking ID was a minor miracle, he's a 30-something year old stereotypical deadbeat stoner that works in fast food. I know he's not going to take care of it, I just wanted to know if it's going to affect me by the cops showing up at our doorstep.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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The answer: Maybe, but not likely.
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