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Enlil
OTD God-King
Registered: 08/16/03
Posts: 66,981
Loc: Uncanny Valley
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Re: Ask an attorney [Re: A.k.a]
#26853746 - 07/30/20 02:27 PM (3 years, 7 months ago) |
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Self defense varies from state to state, but every state requires at least an reasonable fear of imminent death or serious bodily harm. If someone pulls a gun and points it at someone, that's almost certainly enough for a self-defense claim. Shooting in the air may or may not be enough to use deadly force on the guy. It depends on the facts of the situation. The truth is that these things are always about the details. The most important moment is the moment that force is used. At that very moment, the person using the force must reasonably fear for his life/safety or the life/safety of another, and the force must not exceed that reasonably necessary under the circumstances.
In other words, it all depends. Once the guy shoots in the air and stops shooting, it's probably too late to use deadly force, although tackling him to the ground would probably be a fair use of force. If he shoots in the air and then lowers the gun in the direction of someone...then deadly force would be justified. If he walks out of the store, and someone shoots him in the parking lot after his weapon is holstered, that's not self-defense at all....
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Anonymous #146
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Re: Ask an attorney [Re: Enlil]
#26854021 - 07/30/20 05:04 PM (3 years, 7 months ago) |
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If someone was caught growing shrooms say like they had half a pound to a pound of shrooms dry on them, is it likely they could they get drug court or probation if it's their first offense. Let's just say this happened in new jersey for argument sake.
Edited by Anonymous (07/30/20 05:14 PM)
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Enlil
OTD God-King
Registered: 08/16/03
Posts: 66,981
Loc: Uncanny Valley
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Having worked in New Jersey's drug courts, I can tell you that it is typically reserved for users and not sellers. That much dried shrooms probably won't make someone eligible. Probation is definitely on the table if it's in a county like Essex. If it's one of the more hoity toity counties, it's harder to get probation for drug offenses.
There are other options, too, like a pretrial diversion program. I would talk to the PD or private attorney about all of these options.
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Anonymous #146
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Re: Ask an attorney [Re: Enlil]
#26854061 - 07/30/20 05:26 PM (3 years, 7 months ago) |
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Wow really? I have two friends on drug court at the moment one of them sold heroin to kid that od'd and died and claims he got 5 years drug court instead of 10 years in prison the other got caught selling with 1,000 hits of lsd an oz of dmt a ton of E pills and alot of other stuff and says he got 18 months to 3.5 years on drug court. Maybe they're confusing drug court with something else?
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Enlil
OTD God-King
Registered: 08/16/03
Posts: 66,981
Loc: Uncanny Valley
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I'm assuming he was addicted as well. NJ has a presumption of probation built in for low level felonies on a first offense anyway. You'd be better off on probation than drug court, IMO. Drug court is way more intrusive.
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Anonymous #146
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Re: Ask an attorney [Re: Enlil]
#26854399 - 07/30/20 09:00 PM (3 years, 7 months ago) |
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I thought manufacturing charges were extremely serious like 10-20 years. So there's a good chance one could avoid serving prison time between those options.
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Enlil
OTD God-King
Registered: 08/16/03
Posts: 66,981
Loc: Uncanny Valley
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Do they have enough for manufacturing? There's no chance of drug court for manufacturing.
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Anonymous #165
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Re: Ask an attorney [Re: Enlil]
#26854536 - 07/30/20 10:21 PM (3 years, 7 months ago) |
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Quote:
Psyche delics said: There's a cop on YouTube saying that Derek chauvin (the cop that killed George Floyd) could get off if he uses a defense called "code black" which sounds pretty much like blacking out but the way he describes it as you react to your surroundings normally but you don't know what you're doing, he says it happens all the time to cops when they're under stress and says attorneys use the defense successfully all the time. Thoughts?
The closest thing I imagine to this is cooper's color system for situational awareness; conditions white/yellow/red/black. The only people I have heard of having achieved condition black were those fighting in the Battle for Fallujah. A lot of the Marines were doing non-stop door to door raids, going dry on water, and otherwise fighting to the point of exhaustion and being unable to determine what they were doing anymore. The notion that police could achieve the same thing without so much as being shot at is both laughable and insulting.
Another definition for "condition black" is being panic stricken, being unable to act or react to ones surroundings. *Disclaimer/source: I never went to Iraq, nor do I have combat experience; this information is from my leadership which have experience in both Iraq and Afghanistan. I only went to Afghanistan.
Cooper's color system is what comes to mind when I hear someone say "code black" and claim it as a defense; I can only equate it to "condition black". I would not buy it on a jury, but I also know better while a jury of ones peers probably won't.
Alternatively, its a coded way of saying someone didn't have enough experience to handle the pressures of the job in that moment and the person starts doing really stupid things, or demonstrate a complete lack of common sense. The brain goes into meltdown and he/she completely forget how to do the job properly.
Just my input, hopefully it's beneficial to someone out there.
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Anonymous #146
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Re: Ask an attorney [Re: Enlil]
#26854537 - 07/30/20 10:21 PM (3 years, 7 months ago) |
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They could see I was growing them. Could I still get probation or the pre trial diversion?
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Alan Rockefeller
Mycologist
Registered: 03/10/07
Posts: 48,358
Last seen: 7 days, 6 hours
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Quote:
Anonymous #146 said: They could see I was growing them. Could I still get probation or the pre trial diversion?
That depends on what charges the DA presses.
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Enlil
OTD God-King
Registered: 08/16/03
Posts: 66,981
Loc: Uncanny Valley
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Quote:
Anonymous #146 said: They could see I was growing them. Could I still get probation or the pre trial diversion?
That depends on a lot of things. For a first offense, a deal could likely be cut for probation with a suspended term. There are a lot of ways it can go, but I would suggest getting a good lawyer. That'll make the difference in the deal you get.
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Anonymous #138
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Re: Ask an attorney [Re: Enlil]
#26855994 - 07/31/20 06:28 PM (3 years, 7 months ago) |
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Enlil, how do lawyers get good deals?
For example, my GF was speeding in a school zone and got a ticket. She got a lawyer, they dropped the whole case. I was in some trouble before, clearly I broke the law, but got a lawyer and they dropped the whole case.
Is it the courts know the lawyer will put up a fight and that will cost the court more money then its worth? Or do the lawyers really find evidence that the supposed crime did not occur and show that the charges cannot be proved?
This might be a stupid question, but I really do wonder...
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Anonymous #141
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That's part of it. A prosecutor would rather not go up against a good lawyer. But IMO a judge treats you differently if you can afford a lawyer.
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Enlil
OTD God-King
Registered: 08/16/03
Posts: 66,981
Loc: Uncanny Valley
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The criminal justice system needs plea bargains. If 25% of cases went to trial, the system would collapse. Everyone knows it. The judges, the prosecutors, and the defense attorneys. Public defenders are in limited supply, and they have less resources than DAs. Everyone in that system attemps to triage cases to get through them and get the best outcomes they can overall.
Bring in a private attorney to that system. Bring in someone paid by a family and accountable to that family. He/she isn't thinking about the system. He's singlemindedly trying to get the best outcome for his particular client. He couldn't care less if the DA has 100 more serious cases. He wants to discuss this case. He wants extra discovery. He appears to want to go to trial. The DA is now going to spend 10 times the amount of time in pretrial with this one small case when he/she could process 9 other cases in the same time.
A DA in that position is going to be more generous than a DA that knows his/her opposing counsel is just as overwhelmed as he/she is.
As a private attorney, and indeed even as a law student, I have had District Attorneys dismiss criminal cases on the day of trial, hoping we'd take the deal at the last minute. They don't want to go up against a zealot. They have 100 active cases, and they know you have been working on this case for a month preparing for trial. They haven't. They probably sent out subpoenas a week ago and read the file last night. They just don't want to waste their time.
The same happens in civil, to an extent. Most lawyers do not prepare a case for trial. They prepare it for settlement. This is true because most cases settle. Trial is brutal hours, and every lawyer knows it. I've settled more cases the night before, or the day of jury selection than I've tried cases.
Of course, lawyers have other tricks, too. Keeping in mind that the DA is dealing with 100 cases, a private attorney will often meet with the DA with both a carrot and a stick. The threat of trial is the stick, but a lawyer will often come in with information about the client's rehabilitation or work in the community. Perhaps the client has already volunteered to go into a rehab or has worked to improve himself. Or maybe he's gainfully employed, so why would we want to stop him when he's on the way to rehabilitation?
There are many ways to play the game, and a private attorney is more likely to use as many as possible.
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Enlil
OTD God-King
Registered: 08/16/03
Posts: 66,981
Loc: Uncanny Valley
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Quote:
Anonymous #141 said: That's part of it. A prosecutor would rather not go up against a good lawyer. But IMO a judge treats you differently if you can afford a lawyer.
If I'm totally honest, this is true. I wish it weren't. I don't do a lot of criminal work anymore, but when I walk in a criminal court, the judge treats me like an honored guest. I get priority. I get plenty of time to talk. It wasn't like that when I worked for the PD.
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Anonymous #154
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Re: Ask an attorney [Re: Enlil]
#26857007 - 08/01/20 10:11 AM (3 years, 7 months ago) |
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I feel like this policy is some sort of philibuster policy, where you used to have to go through the act, but now you just have to say the word and the effect of the act takes place, but without the waste of time.
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Enlil
OTD God-King
Registered: 08/16/03
Posts: 66,981
Loc: Uncanny Valley
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I have no idea what that even means.
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Anonymous #158
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Re: Ask an attorney [Re: Enlil]
#26902399 - 08/27/20 01:25 PM (3 years, 6 months ago) |
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Say I grew mushrooms a couple of years ago... Perhaps. 2 crops from start to finish. I never sold any of the mushrooms. I haven't cultivated whatsoever since, nor do I intend to again. The mushrooms harvested have all been consumed.
Can I publicly talk (in a broadcasted environment) about having grown mushrooms in the past for personal use without the fear of legal reprocussions??
I want to share my experience but I don't want to do anything that compromises my legal well-being.
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Doc9151
Mycologist
Registered: 02/23/17
Posts: 13,753
Loc: Gulf Coast USA
Last seen: 1 year, 8 months
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Re: Ask an attorney [Re: Enlil]
#26904170 - 08/28/20 01:02 PM (3 years, 6 months ago) |
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Some states have minimum mandatory sentences for certain substances, you need to see if your state has such sentencing guidelines. Google: sentencing guidelines include your state name, such as: sentencing guidelines magic mushrooms Florida
Quote:
Anonymous #146 said: Wow really? I have two friends on drug court at the moment one of them sold heroin to kid that od'd and died and claims he got 5 years drug court instead of 10 years in prison the other got caught selling with 1,000 hits of lsd an oz of dmt a ton of E pills and alot of other stuff and says he got 18 months to 3.5 years on drug court. Maybe they're confusing drug court with something else?
This sounds like bullshit, a dealer busted in relation to an overdose death is usually charged with negligent manslaughter in my state and the other dude had to snitch to get a deal like that in my opinion.
Quote:
Enlil said: Do they have enough for manufacturing? There's no chance of drug court for manufacturing.
It is my understanding that growing weed or mushrooms is manufacturing, is it not?
-------------------- 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
Edited by Doc9151 (08/28/20 01:03 PM)
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tyrannicalrex
Strange R
Registered: 04/24/03
Posts: 38,331
Loc: subtropics
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Re: Ask an attorney [Re: Enlil]
#26904413 - 08/28/20 02:58 PM (3 years, 6 months ago) |
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If someone signs a form for "non disclosure" not drawn up by an attorney, but by an office manager, does it hold much legal weight? Example: A person isn't happy with a boss's decision and wants to set forth some parameters to insure their own safety. This would include self quarantining until the boss has gone for 2 tests 2 weeks apart for covid before that person comes back to work. The worker wants to warn others in the building in close contact with the boss, could he use that from that was signed to sue the worker?
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