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Anonymous #154

Re: Ask a defense attorney [Re: Mr.GuessWork] * 1
    #27657850 - 02/13/22 06:28 PM (2 years, 4 months ago)

Just file an anonymous complaint about the police office. I wouldn't do that in person though.

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InvisibleTheDrake
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Re: Ask a defense attorney [Re: Anonymous #154]
    #27657918 - 02/13/22 07:30 PM (2 years, 4 months ago)

I already planned on going down to the station on Monday to file a complaint.

During the tests I asked him to explain what he wanted me to do 3x, because I wanted to make sure I knew exactly what to do so I didn't fail on a technicality and he tells me he could of failed me on just that.
The only thing that makes me hesitant to go to the cop station at all is the fact I live in a very small town. Less than 400 population and I really don't need some asshole cop having it out for me. Maybe I should just let it go but then the othe part of me says I shouldn't let this punk scare me like that. Idk.


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Anonymous #154

Re: Ask a defense attorney [Re: TheDrake]
    #27657946 - 02/13/22 08:06 PM (2 years, 4 months ago)

I wouldn't place my face/name next to a police complaint. Especially if you were already a victim of what may be targeted harassment

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InvisibleTheDrake
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Re: Ask a defense attorney [Re: Anonymous #154]
    #27657971 - 02/13/22 08:37 PM (2 years, 4 months ago)

So just make a complaint saying officer: Dicickcheese is being an asshole?

Seems like I'd need to attach the complaint to an incident for it to have any "teeth"


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: TheDrake]
    #27658033 - 02/13/22 09:42 PM (2 years, 4 months ago)

Don't expect your complaint to do anything.  All the cop taking the complaint will hear is, "I didn't want to cooperate with the officer, but he bullied me into it."


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Anonymous #168

Re: Ask a defense attorney [Re: Enlil]
    #27658328 - 02/14/22 07:54 AM (2 years, 4 months ago)

Then after you leave they’ll probably just all high five anyway.

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OfflineDoc9151M
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Re: Ask a defense attorney [Re: Enlil]
    #27658350 - 02/14/22 08:14 AM (2 years, 4 months ago)

I have a fish camp with a pay to use boat launch that has been in continuous operation since 1932, the county bought the neighboring lots and built a free boat launch immediately next door to my business, but they already had one not even a mile up river from me.
Do I have any recourse? Is there a time limit on filing suit? I ask about the time limit because the county ramp is now 2 years old and was built when my parents owned the fish camp that my brother and I inherited. So I also would like to know if my brother and I have any recourse since we inherited after the county ramp was built.


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Psilocybe cubensis data collection thread. please help with this project if you hunt wild cubensis.
https://www.shroomery.org/forums/showflat.php?Cat=0&Number=26513593&page=0&vc=1#26513593

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InvisibleTheDrake
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Re: Ask a defense attorney [Re: Enlil]
    #27658399 - 02/14/22 09:22 AM (2 years, 4 months ago)

Ah well guess I'll just chalk it up to a learning experience. Thank you for the information.


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Doc9151]
    #27658681 - 02/14/22 01:29 PM (2 years, 4 months ago)

Quote:

Doc9151 said:
I have a fish camp with a pay to use boat launch that has been in continuous operation since 1932, the county bought the neighboring lots and built a free boat launch immediately next door to my business, but they already had one not even a mile up river from me.
Do I have any recourse? Is there a time limit on filing suit? I ask about the time limit because the county ramp is now 2 years old and was built when my parents owned the fish camp that my brother and I inherited. So I also would like to know if my brother and I have any recourse since we inherited after the county ramp was built.



Recourse because they built the ramp?  I don't see any.  Unless you have some sort of right to exclusivity for that portion of the river, there's not much you can do legally.


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Anonymous #154

Re: Ask a defense attorney [Re: Doc9151]
    #27658765 - 02/14/22 02:29 PM (2 years, 4 months ago)

Quote:

Doc9151 said:
I have a fish camp with a pay to use boat launch that has been in continuous operation since 1932, the county bought the neighboring lots and built a free boat launch immediately next door to my business, but they already had one not even a mile up river from me.
Do I have any recourse? Is there a time limit on filing suit? I ask about the time limit because the county ramp is now 2 years old and was built when my parents owned the fish camp that my brother and I inherited. So I also would like to know if my brother and I have any recourse since we inherited after the county ramp was built.




Thats why yoou always got to buy buffer land.

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Anonymous #154

Re: Ask a defense attorney [Re: Enlil]
    #27658766 - 02/14/22 02:30 PM (2 years, 4 months ago)

Quote:

Enlil said:
Don't expect your complaint to do anything.  All the cop taking the complaint will hear is, "I didn't want to cooperate with the officer, but he bullied me into it."




of course, but as we are seeing today when a cop does something wrong, publically, and then has a history of complaints, it tends to add weight. thats why i'd do it anonymously

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OfflineDoc9151M
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Re: Ask a defense attorney [Re: Enlil]
    #27658803 - 02/14/22 03:04 PM (2 years, 4 months ago)

I didn't think it was legal for local or state governments to take money from a business. The county already had an existing free boat ramp a mile up river, certain people in our local government want our land (they are developers) and have tried several tactics to get it. They even went so far as to try to start a church on the neighboring lot (before the boat ramp construction) in order to shut us down, because we have a consume alcohol on premises license and license to sell. The county has specic ordinances for churches and places that serve alcoholic beverages, but someone didn't do their homework because we are grandfathered in.
So, we see this as another attempt to hurt our income and I just thought that it was illegal for them to build the ramp to harm us, since no ramp was needed in the first place and that taking profits from us could be the only reason for its construction.

We are one of the last hold outs on the Florida side of the Perdido river from the mouth to near its headwaters in Perdido, Alabama. The county has been grabbing up land and taking it when possible. We are sitting on prime real estate and they want it for nothing. When my parents were sick and dying, a representative for the county tried to get them to sell for pennies on the dollar, but thankfully they had already made me their guardian to where I had sole control over their affairs. Anyway, that's my reasoning for asking you for advice. This amounts to modern day land grabbing in my mind, but I also know that the law doesn't necessarily see things my way either. 
I'm not a litigious person, nor am I looking to harm the citizens of my county by filing suit when possible, just to enrich myself. So, please don't think that I'm looking for a payday, because that's not why I would file suit. I know that it would be tax payers losing when governments are forced to pay and that's not what I want, but I also don't think what they are doing is right by deliberately taking business from us.

There was no opportunity to buy buffer lands, the county bought the land without it ever being advertised.  I live in a county that has a long history of good ol'boys.

The 3 homes that were there, they had been flooded several times over the past 20 years and could not get homeowners insurance again. No homeowners insurance means they couldn't sell the house or rebuild again.

The people who oversee permits, property tax, code enforcement, etc. Are the same people who are the major developers in the area and sit on the board of county commissioners. That's how they're able to snatch up these properties before one else, with the exception of one huge parcel that was bought by PETA 30 yrs ago and is the only truly protected area around us.

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Anonymous #175

Re: Ask a defense attorney [Re: Doc9151]
    #27658869 - 02/14/22 04:34 PM (2 years, 4 months ago)

Not a lawyer but some experience with shorefront zoning owning a similar grandfathered lot.

Your opportunity to stop them was during the planning phase.

Do you have any way to show loss? Did your YOY revenue drop significantly when they added the free launch?

Unfortunately you are facing an uphill battle the government is notoriously hard to get damages in cases of public access. Your best bet would be to distinguish your product by taking advantage of the ability to sell booze.

Frankly you should put aside some money to defend against an eminent domain action.

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Anonymous #154

Re: Ask a defense attorney [Re: Doc9151]
    #27658977 - 02/14/22 06:23 PM (2 years, 4 months ago)

Quote:

Doc9151 said:
I didn't think it was legal for local or state governments to take money from a business. The county already had an existing free boat ramp a mile up river, certain people in our local government want our land (they are developers) and have tried several tactics to get it. They even went so far as to try to start a church on the neighboring lot (before the boat ramp construction) in order to shut us down, because we have a consume alcohol on premises license and license to sell. The county has specic ordinances for churches and places that serve alcoholic beverages, but someone didn't do their homework because we are grandfathered in.
So, we see this as another attempt to hurt our income and I just thought that it was illegal for them to build the ramp to harm us, since no ramp was needed in the first place and that taking profits from us could be the only reason for its construction.

We are one of the last hold outs on the Florida side of the Perdido river from the mouth to near its headwaters in Perdido, Alabama. The county has been grabbing up land and taking it when possible. We are sitting on prime real estate and they want it for nothing. When my parents were sick and dying, a representative for the county tried to get them to sell for pennies on the dollar, but thankfully they had already made me their guardian to where I had sole control over their affairs. Anyway, that's my reasoning for asking you for advice. This amounts to modern day land grabbing in my mind, but I also know that the law doesn't necessarily see things my way either. 
I'm not a litigious person, nor am I looking to harm the citizens of my county by filing suit when possible, just to enrich myself. So, please don't think that I'm looking for a payday, because that's not why I would file suit. I know that it would be tax payers losing when governments are forced to pay and that's not what I want, but I also don't think what they are doing is right by deliberately taking business from us.

There was no opportunity to buy buffer lands, the county bought the land without it ever being advertised.  I live in a county that has a long history of good ol'boys.

The 3 homes that were there, they had been flooded several times over the past 20 years and could not get homeowners insurance again. No homeowners insurance means they couldn't sell the house or rebuild again.

The people who oversee permits, property tax, code enforcement, etc. Are the same people who are the major developers in the area and sit on the board of county commissioners. That's how they're able to snatch up these properties before one else, with the exception of one huge parcel that was bought by PETA 30 yrs ago and is the only truly protected area around us.





you don't wait for land to be advertised if you want it. you inquire.

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InvisibleShroomintune
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Re: Ask a defense attorney [Re: Anonymous #154]
    #27661653 - 02/16/22 06:07 PM (2 years, 4 months ago)

Quote:

That's how they're able to snatch up these properties before one else, with the exception of one huge parcel that was bought by PETA 30 yrs ago and is the only truly protected area around us.




Are you interested in operating the fish camp as an ongoing business, or are you interested in getting out of the property at market rate?

If #2, could PETA be interested in purchasing the property, simultaneously making you financially whole, screwing over the developers and county, and preserving the land?

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Anonymous #152

Re: Ask a defense attorney [Re: Shroomintune]
    #27663347 - 02/17/22 11:19 PM (2 years, 4 months ago)

Enlil how are phone records proved in cases?
Say a phone company stores the records for 1.5 years, it’s been around 1.3 years from the particular billing period, and the person prints them out and also has them downloaded in excel.
Do they need proof from the phone company or would these documents be proof?

Also in my previous case, what are statue of limitations periods that might apply?

Is “truthful” only what can be proved?

Also is there any chance any assistance program could ask for proof of income after 1 year if some sort of can of worms is opened?

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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Anonymous #152]
    #27663355 - 02/17/22 11:30 PM (2 years, 4 months ago)

Quote:

Anonymous #152 said:
Enlil how are phone records proved in cases?


Typically, one subpoenas the records, and they come with an affidavit from the custodian of records.  With that affidavit, the records are typically considered, "business records" and are an exception to the hearsay rule.
Quote:


Say a phone company stores the records for 1.5 years, it’s been around 1.3 years from the particular billing period, and the person prints them out and also has them downloaded in excel.
Do they need proof from the phone company or would these documents be proof?


Well...those would technically be hearsay.  As such, the records usually aren't admissible.  Your testimony about the calls would be admissible, and you could likely use them to refresh your recollection.  Of course, none of this matters if you're in small claims court or if no one objects.  In the real world, hearsay like this gets admitted into evidence all the time.  If you're up against a lawyer, however, you might have a problem.
Quote:



Also in my previous case, what are statue of limitations periods that might apply?


No clue.  You'd have to look up the limitation period for whatever causes of action you're bringing within your particular state.
Quote:



Is “truthful” only what can be proved?


I have no idea what you're asking me
Quote:



Also is there any chance any assistance program could ask for proof of income after 1 year if some sort of can of worms is opened?


Anyone could ask for anything at any time.  This is way too vague of a question for me to answer.


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Anonymous #152

Re: Ask a defense attorney [Re: Enlil]
    #27664062 - 02/18/22 02:26 PM (2 years, 4 months ago)

I’m referring to leaving a truthful review.
Would it be wise to simply don’t leave any text and only post the phone records and service records?
This seems like the only thing I can do.
I really think they’re setting me up for defamation because the service records and their story is wildly different from the truth. They already got away with vandalizing the car, I’m hoping I can at least warn others about their customer service.

What if I told the story to a podcaster/comedian and he makes fun of them, would they have any recourse?
What if I told the story on other platforms?
Would it be a bad idea to show the bar the phone records and complain how my first complaint wasn’t documented?
Since all the wrong doing was done by a particular service writer and not the owner, can this be used to my advantage?
The best way I can describe the bar’s last response was they didn’t want to open a can of worms. The other shop got yelled at at one point and they weren’t supposed to tell me that. I want to tell the bar how they made things worst.

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Re: Ask a defense attorney [Re: Anonymous #152]
    #27664853 - 02/19/22 07:53 AM (2 years, 4 months ago)

Why not just post a truthful review in your own words?  No one is going to read records online to determine what they mean.

Anyone can be sued at any time for anything.  If you're that afraid of being sued, don't leave a review.  I would, but everyone has their own level of courage.


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OfflineDoc9151M
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Re: Ask a defense attorney [Re: Enlil]
    #27664954 - 02/19/22 10:11 AM (2 years, 4 months ago)

@#175 I didn't even think about possible future eminent domain situations, but your right, it's something that we should be prepared for if they decide to try and take that way.

The property is extremely valuable regardless of whether or not the business is in operation and it is completely paid for, so we will fight to the end regardless of the business situation. We (My brother and I) just want to keep the doors open because of the businesses history in the community, it's not a get rich type business, but it is a place that generations of families have come to over the past 90 years and continue to enjoy.


--------------------


Psilocybe cubensis data collection thread. please help with this project if you hunt wild cubensis.
https://www.shroomery.org/forums/showflat.php?Cat=0&Number=26513593&page=0&vc=1#26513593

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