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AnotherDimension
Wanderer in the Land of the Lost

Registered: 06/14/04
Posts: 533
Loc: USA
Last seen: 15 years, 2 days
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Re: selling tobacco to a minor [Re: wps]
#7487062 - 10/05/07 12:46 AM (16 years, 3 months ago) |
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Here's the catch... assuming it goes before a jury trial, with the prosecution on board (in other words, they don't just not show up and forfeit the case).
See, they can bring this 'kid' in to testify in front of the jury. And at this time, they will make sure he is clean shaven, dressed up like a 12 year old, speaks like a 12 year old, and in any other way they can reverse his appearance from how it was on the day of the incidence.
They will do this because they believe in justice. </sarcasm>
My point being, I really hope you have security camera footage from the incidence you can use in your favor to show the jury his appearance on that day.
-------------------- Another Dimension --------------------------- "Come, and trip it as ye go, On the light fantastick toe."
Edited by AnotherDimension (10/05/07 12:50 AM)
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makaveli8x8
Stranger


Registered: 02/28/06
Posts: 21,636
Last seen: 7 years, 7 months
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all you need is to have the kid testify he cold blooded honest opinion on the matter, was he dressed up like his dad?
if he lies, make sure you bring a beard for him to wear
--------------------
  We were sent to hell for eternity Ø h® We play on earth to pass the time Over-population the root of all Evil-brings the Elites Closer to the gates.
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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Good luck fighting it. It looks like you have a chance.
The only thing I woudl worry about is the fact that the kid is going to show up clean shaven with high school type clothes on and the jury might not buy it. Then again if you make a good case for yourself you probably have a decent chance of winning or them dropping it before trial.
-FF
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alchino23
Titillating TheMind



Registered: 07/08/07
Posts: 341
Last seen: 3 years, 11 months
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Re: selling tobacco to a minor [Re: makaveli8x8]
#7487321 - 10/05/07 02:50 AM (16 years, 3 months ago) |
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sorry but I dont meen to sound a Drag but isnt there court fees if you loose?
-------------------- Allan Kardec -(EN) The Spirits Book .PDF - - - - - - D-o-w-n-l-o-a-d- - - - - - - - http://www.shroomery.org/forums/showflat.php/Cat/0/Number/7293403/an/0/page/1
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wps
Well-PaidScientist


Registered: 09/22/07
Posts: 579
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Re: selling tobacco to a minor [Re: alchino23]
#7487890 - 10/05/07 10:13 AM (16 years, 3 months ago) |
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yes but there is also judicial discretion for the fine.
So if I just pay the fine without going to court, I have to pay the full amount.
but if a judge hands me the fine in court, it will probably be much less.
I know this because there was actually some research done about judicial predisposition in my state, and for my offense, 60% of judges would give a fine of less than $250, even though the max fine is $500.
besides, court costs are pretty cheap, like 50 bucks. They get one jury to hear a whole day's cases.
-------------------- "America touts itself as the land of the free, but the number one freedom that you and I have is the freedom to enter into a subservient role in the workplace. Once you exercise this freedom you've lost all control over what you do, what is produced, and how it is produced. And in the end, the product doesn't belong to you. The only way you can avoid bosses and jobs is if you don't care about making a living. Which leads to the second freedom: the freedom to starve." - Tom Morello
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AgingHippy
Flwr Pwr



Registered: 04/19/07
Posts: 15,613
Loc: Necropolis
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Re: selling tobacco to a minor [Re: wps]
#7507575 - 10/11/07 12:15 AM (16 years, 3 months ago) |
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any update?
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wps
Well-PaidScientist


Registered: 09/22/07
Posts: 579
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Re: selling tobacco to a minor [Re: AgingHippy]
#7513792 - 10/13/07 10:02 PM (16 years, 3 months ago) |
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yeah I went to court really hoping the cop wouldn't show up.
he did, unfortunately.
I was pretty prepared to argue my case, but still a little nervous about whether it would fly with the jury.
So when the prosecutor offered me a plea bargain, I took it. $150, deferred so its not on my record.
All in all I think I did the smart thing. $150 is way better than the $500 I would have had to pay if I were convicted, or if I had simply mailed the fine in and not went to court. The act of going to court instead of admitting guilt and paying the whole fine definitely was worth it.
I kinda feel bad about not just fighting the whole case though. I had a pretty good defense prepared. I feel somewhat confident I could have walked, but it just wasn't worth the risk of losing.
-------------------- "America touts itself as the land of the free, but the number one freedom that you and I have is the freedom to enter into a subservient role in the workplace. Once you exercise this freedom you've lost all control over what you do, what is produced, and how it is produced. And in the end, the product doesn't belong to you. The only way you can avoid bosses and jobs is if you don't care about making a living. Which leads to the second freedom: the freedom to starve." - Tom Morello
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makaveli8x8
Stranger


Registered: 02/28/06
Posts: 21,636
Last seen: 7 years, 7 months
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Re: selling tobacco to a minor [Re: wps]
#7513801 - 10/13/07 10:05 PM (16 years, 3 months ago) |
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yep you bent over and let the gov take advantage of another person. they will continue to pull this crap with other people knowin nobody has the balls to stand up
--------------------
  We were sent to hell for eternity Ø h® We play on earth to pass the time Over-population the root of all Evil-brings the Elites Closer to the gates.
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wps
Well-PaidScientist


Registered: 09/22/07
Posts: 579
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Re: selling tobacco to a minor [Re: makaveli8x8]
#7513812 - 10/13/07 10:08 PM (16 years, 3 months ago) |
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hey, I said it was the smart thing to do, not the brave one 
I don't give a fuck. I don't work at a job where I sell cigarettes anymore; I have a way better job now.
-------------------- "America touts itself as the land of the free, but the number one freedom that you and I have is the freedom to enter into a subservient role in the workplace. Once you exercise this freedom you've lost all control over what you do, what is produced, and how it is produced. And in the end, the product doesn't belong to you. The only way you can avoid bosses and jobs is if you don't care about making a living. Which leads to the second freedom: the freedom to starve." - Tom Morello
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PinniesPlox
Deep in the bushes...



Registered: 09/05/07
Posts: 90
Last seen: 12 years, 2 months
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Re: selling tobacco to a minor [Re: wps]
#7513905 - 10/13/07 10:34 PM (16 years, 3 months ago) |
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Nice job, well at least it didn't turn your pockets out
-------------------- I've got bigger blunts to smoke...
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JacquesCousteau
Being.



Registered: 06/10/03
Posts: 7,825
Loc: Everywhere, Everytime.
Last seen: 1 year, 8 months
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Re: selling tobacco to a minor [Re: wps]
#7514697 - 10/14/07 03:39 AM (16 years, 3 months ago) |
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I think you made a very wise choice.
A sure bet at 150 is way better than a gamble on 500.
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