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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Diploid]
    #21527676 - 04/10/15 07:50 AM (8 years, 9 months ago)

Quote:

Diploid said:
So I have a warrant for my arrest for something or other. Cops come and knock on the door having looked up my address in DMV records.

Normally, I would refuse to open the door. If they don't see me, I would leave it at that, ignore them while keeping out of sight, and go about my business. If they DO see me, I would tell them through the window that I don't talk to cops, then I would sit with my hands in plain sight and tell them to go ahead and bust down the door if they have a search warrent, otherwise they should go away as I will not say another word without my lawer. Im pretty sure this is a good tactic when I know there is no search warrent.

My question is how would an arrest warrent (not a search warrent) work in this case? Could they bust down the door to get at me? What if I refuse to identify myself or lie that I am not the guy named in the warrent or simply ignore them? What if someone else who is obviously not me (an elderly woman, for example) lies that I don't live there?


An arrest warrant is enough to enter your home to get you. 
Quote:



In states with Terry laws that require me to give my name on demand when in a public space, can I ignore them when I'm in my home and not give my name?


Terry is unrelated to "stop and identify" laws that you're talking about, but I doubt any law requiring you to identify yourself through a closed door with the cops outside would be constitutionally valid.
Quote:



And finally, if a cop attempts a traffic stop while I am driving close enough to my home to coast into the garage when the cop lights come on, can I finish pulling into my garage and close the door, or am I required to leave my home and show my DL when demanded? If I refuse, can the cop force his way in and demand my DL while I am inside my home?


This is classic "hot pursuit".  They can enter the home to follow a fleeing suspect.


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: LunarEclipse]
    #21527678 - 04/10/15 07:52 AM (8 years, 9 months ago)

Quote:

LunarEclipse said:
Just a guess, but if they have a warrant for your arrest I would imagine that means they are going to break down the door if you don't come out.  It's unrelated to a search warrant other than they are looking for you to take you downtown.

Now, should they find stuff after breaking down your door unrelated to your arrest, without a search warrant, they may not have probable cause to charge you with the stuff they found.

Maybe.



If they lawfully enter a house pursuant to an arrest warrant, and they see contraband "in plain sight", they can seize the contraband and use it as evidence.  They can then use that contraband as probable cause to get a warrant to search the rest of the house.


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InvisibleLunarEclipse
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Re: Ask a defense attorney [Re: Enlil]
    #21528419 - 04/10/15 11:46 AM (8 years, 9 months ago)

Quote:

Enlil said:
Quote:

LunarEclipse said:
Just a guess, but if they have a warrant for your arrest I would imagine that means they are going to break down the door if you don't come out.  It's unrelated to a search warrant other than they are looking for you to take you downtown.

Now, should they find stuff after breaking down your door unrelated to your arrest, without a search warrant, they may not have probable cause to charge you with the stuff they found.

Maybe.



If they lawfully enter a house pursuant to an arrest warrant, and they see contraband "in plain sight", they can seize the contraband and use it as evidence.  They can then use that contraband as probable cause to get a warrant to search the rest of the house.




That's when they have to wake up the judge to get him to sign the search warrant.  Or is it all electronic now.


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: LunarEclipse]
    #21528555 - 04/10/15 12:27 PM (8 years, 9 months ago)

Judge has to sign it either way, but the cops don't actually have to have the warrant in their hands.  As long as it's been issued, the search can commence.  The cops can, of course, prevent people from entering the house in the meantime.


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InvisibleDr.Dankhead
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Re: Ask a defense attorney [Re: Enlil]
    #21529454 - 04/10/15 05:14 PM (8 years, 9 months ago)

How much was tuition at Cornell?


Thatl looks like a ritzy college.. I fucked around a lot in highschool so my GPA probably sucks..but is a high GPA needed in HS to get into a nice college?.. What do I do if that's that case despite being graduated?

This is irrelevent but you know everything.


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InvisibleDiploidM
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Re: Ask a defense attorney [Re: Enlil]
    #21529609 - 04/10/15 05:53 PM (8 years, 9 months ago)

An arrest warrant is enough to enter your home to get you.

What if it's not my home? Can the owner refuse entry to the cops or can they force entry?

One unrelated question: As I understand it, bad things drop off a consumer credit report seven years from the last activity.

But here's the thing. I'm helping a friend improve his credit score. He bailed on about $2000 worth of credit card dept a few years ago and wound up in collections. He never paid.

Now it's been more than seven years, but the collection agency keeps updating his credit report entry twice a year even though the account was long-ago charged off by the original creditor. He can't use the account in any way, so what's to update? Interest accumulating, maybe? But then the entry would never drop off because it accrues interest periodically thus defeating the seven year rule.

Am I missing something? How does it work that a credit collector can keep doing these "updates" indefinitely and stay on the record indefinitely?

TIA


--------------------
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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.


Edited by Diploid (04/10/15 05:56 PM)


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Dr.Dankhead]
    #21529921 - 04/10/15 07:10 PM (8 years, 9 months ago)

Quote:

Dr.Dankhead said:
How much was tuition at Cornell?



Something like 44k a year as I recall.  I got a scholarship to cover most of it though
Quote:



Thatl looks like a ritzy college.. I fucked around a lot in highschool so my GPA probably sucks..but is a high GPA needed in HS to get into a nice college?.. What do I do if that's that case despite being graduated?




Go to a community college for two years and transfer as a junior.


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Diploid]
    #21529930 - 04/10/15 07:13 PM (8 years, 9 months ago)

Quote:

Diploid said:
An arrest warrant is enough to enter your home to get you.

What if it's not my home? Can the owner refuse entry to the cops or can they force entry?


Ownership is irrelevant.  They can enter the home where you reside based on an arrest warrant.  If they want to enter a house that you don't reside in to get you, they probably need a search warrant, too.
Quote:



One unrelated question: As I understand it, bad things drop off a consumer credit report seven years from the last activity.


Not exactly.  They drop off of the credit report 7 years from the date of FIRST delinquency.
Quote:



But here's the thing. I'm helping a friend improve his credit score. He bailed on about $2000 worth of credit card dept a few years ago and wound up in collections. He never paid.

Now it's been more than seven years, but the collection agency keeps updating his credit report entry twice a year even though the account was long-ago charged off by the original creditor. He can't use the account in any way, so what's to update? Interest accumulating, maybe? But then the entry would never drop off because it accrues interest periodically thus defeating the seven year rule.

Am I missing something? How does it work that a credit collector can keep doing these "updates" indefinitely and stay on the record indefinitely?


Nope...that's illegal.  He should dispute these items with the credit bureaus as "obsolete".


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Invisibletrippinballs420
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Re: Ask a defense attorney [Re: Enlil]
    #21529974 - 04/10/15 07:30 PM (8 years, 9 months ago)

depends on what you consider a nice college.....i got into WVU and york college in PA and i dropped out of HS, had a GED and just good SAT scores :shrug: id consider WVU a nice college but the fact its always a top party school kinda reverses that a little but shit we have a law school and med school and a school of agriculture and a really good engineering program....if you can make it through your time there and not drop out that is :lol:


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InvisibleMagicman69
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Re: Ask a defense attorney [Re: Enlil]
    #21546629 - 04/14/15 02:25 PM (8 years, 9 months ago)

Quote:

Enlil said:
Quote:



One unrelated question: As I understand it, bad things drop off a consumer credit report seven years from the last activity.


Not exactly.  They drop off of the credit report 7 years from the date of FIRST delinquency.
Quote:



But here's the thing. I'm helping a friend improve his credit score. He bailed on about $2000 worth of credit card dept a few years ago and wound up in collections. He never paid.

Now it's been more than seven years, but the collection agency keeps updating his credit report entry twice a year even though the account was long-ago charged off by the original creditor. He can't use the account in any way, so what's to update? Interest accumulating, maybe? But then the entry would never drop off because it accrues interest periodically thus defeating the seven year rule.

Am I missing something? How does it work that a credit collector can keep doing these "updates" indefinitely and stay on the record indefinitely?


Nope...that's illegal.  He should dispute these items with the credit bureaus as "obsolete".



I was under the impression that if you answer the debt collection phone calls and acknowledge the debt that your 7 years starts over.


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Magicman69]
    #21546700 - 04/14/15 02:38 PM (8 years, 9 months ago)

Nope.  In some states, acknowledgement of the debt can reset the statute of limitations for the creditor to sue the debtor, but the 7 year limit on reporting still applies.


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OfflineWebster10
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Re: Ask a defense attorney [Re: Enlil]
    #21549895 - 04/15/15 05:44 AM (8 years, 9 months ago)

Pretty soon I'm going to be throwing a party. I'm a sophomore in college so I'm counting on there being underage drinking. My question is, what sort of legal document can I have all guests sign in order to prevent myself from being liable? I was thinking about something along the lines of a liability waiver. What would and what wouldn't this sort of document cover?


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OfflineNizzyJones
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Re: Ask a defense attorney [Re: Webster10]
    #21550030 - 04/15/15 07:21 AM (8 years, 9 months ago)

IANAL but I'm about 99.99% sure it wouldn't protect you from any criminal violations such as providing a place for minors to consume alcohol. If anything it would probably make it easier to show you were aware it was going on.


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Webster10]
    #21550108 - 04/15/15 08:00 AM (8 years, 9 months ago)

No waiver is going to help you from criminal liability, and as the poster above points out, it would be evidence against you if you're charged criminally.

As far as civil liability, you could have them waive certain claims against you, but you can't have them waive claims based on your intentional or negligent conduct, such as serving alcohol to minors.  As a result, the only real value in a waiver would be in protecting you against liabilities based on hidden, unknown hazards on the property, such as a broken handrail on steps or something.


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Invisibleo8u
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Re: Ask a defense attorney [Re: Enlil]
    #21550424 - 04/15/15 10:02 AM (8 years, 9 months ago)

Say someone finds some psychedelic mushrooms growing in the wild and he bends over to eat them directly without picking or handling them. Would this skirt possession laws?


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: o8u]
    #21550464 - 04/15/15 10:18 AM (8 years, 9 months ago)

Nope.  Possession requires only dominion and control.  Eating them clearly exhibits that you have both dominion and control over the contraband.


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Invisibleo8u
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Re: Ask a defense attorney [Re: Enlil]
    #21550498 - 04/15/15 10:30 AM (8 years, 9 months ago)

Thanks for the answer. As a follow up, at what point in this scenario would the mushrooms become contraband?

1. Notices mushrooms
2. Recognizes them as a psychedelic species
3. Decides he wants to eat them
4. Bends down
5. Takes a bite


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: o8u]
    #21550548 - 04/15/15 10:43 AM (8 years, 9 months ago)

The mushroom is contraband the instant it forms.

I think what you're asking is at what point a crime is committed.  The crime of attempted possession of a controlled substance occurs as soon as you know that it's a species containing a controlled substance and take an "affirmative step" toward possessing it....for instance bending over to pick it.  In some states, an affirmative step isn't enough, but you have to actually reach the point of no return...perhaps at the point where you touch it.  Either way, at 4 or 5 on your list, attempt has been committed.

For possession of a controlled substance, the point where the crime is committed occurs as soon as you have exercised dominion and control over a species that you know to contain a controlled substance.  That occurs at 5 on your list.


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Re: Ask a defense attorney [Re: Enlil]
    #21550604 - 04/15/15 10:59 AM (8 years, 9 months ago)

Interesting. Thank you very much!


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Re: Ask a defense attorney [Re: o8u]
    #21550618 - 04/15/15 11:05 AM (8 years, 9 months ago)

Of course, my answer assumes that you've stumbled upon these mushrooms.  If you went to the forest for the purpose of getting active mushrooms, you probably are guilty of attempt the moment you start the car to drive to that forest.


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