Whats goin on /law/About 1 month ago I was at a college visiting some friend, we were in a dorm room and the cops came because it reaked of weed, anyways, I was in the bathroom at the time and i left my wallet on my friend's desk. My friend gave consent to search the room (i dont care, I wasn't charged with anything) and they looked at my wallet and found my Fake I.D. Now my question, I wasn't arrested, given a citation, nor did I sign anything. However, now my parents recieved a letter saying that a false ID had been in my posession in a seperate report and I have 30 days to send in my license before they issue a warrant for my arrest. I have the option of having a hearing about it, but I don't understand how my license is ALREADY suspended without getting arrested or something because the suspension is the mandatory time for posessing a fake I.D. Don't I have to be CONVICTED first for it to be suspended? Comment too long. Click here to view the full text.
Whats goin on /law/
About 1 month ago I was at a college visiting some friend, we were in a dorm room and the cops came because it reaked of weed, anyways, I was in the bathroom at the time and i left my wallet on my friend's desk. My friend gave consent to search the room (i dont care, I wasn't charged with anything) and they looked at my wallet and found my Fake I.D.
Now my question, I wasn't arrested, given a citation, nor did I sign anything. However, now my parents recieved a letter saying that a false ID had been in my posession in a seperate report and I have 30 days to send in my license before they issue a warrant for my arrest. I have the option of having a hearing about it, but I don't understand how my license is ALREADY suspended without getting arrested or something because the suspension is the mandatory time for posessing a fake I.D. Don't I have to be CONVICTED first for it to be suspended?
>>6420OP here,I understand it is admissable.. but dude the thing is there was no summons to appear, arrest, anything. It was just "Oh hey im taking this" then the secretary of state says I have been given the mandatory minimum sentence for possessing a fake ID. Isn't that a criminal offense? Don't I have to be guilty of it to be given a punishment? Aren't I innocent until proven guilty? It just seems weird.. I'm not arguing that the cop was in the wrong, just this procedure seems fucked up.
>>6420OP here,
I understand it is admissable.. but dude the thing is there was no summons to appear, arrest, anything. It was just "Oh hey im taking this" then the secretary of state says I have been given the mandatory minimum sentence for possessing a fake ID. Isn't that a criminal offense? Don't I have to be guilty of it to be given a punishment? Aren't I innocent until proven guilty? It just seems weird.. I'm not arguing that the cop was in the wrong, just this procedure seems fucked up.
>>6417hmmmmok, you MAY have a case that when your buddy gave consent for the room to be searched he didn't include your shit. Unfortunately,, they will just argue that by choosing to bring your shit into the room (which is controlled by your pal) you gave consent in a weird, fucked up wayyour best action is probably to surrender your licence and wait the month or two before they give it back. If you are determined to take legal action, try to find a precedent where the above defense was used successfully. finding such a case will basically let the judge cop out of taking what could be a controversial position, so they like precedents. Comment too long. Click here to view the full text.
>>6417hmmmmok, you MAY have a case that when your buddy gave consent for the room to be searched he didn't include your shit. Unfortunately,, they will just argue that by choosing to bring your shit into the room (which is controlled by your pal) you gave consent in a weird, fucked up way
your best action is probably to surrender your licence and wait the month or two before they give it back. If you are determined to take legal action, try to find a precedent where the above defense was used successfully. finding such a case will basically let the judge cop out of taking what could be a controversial position, so they like precedents.
>>6425OP Here1.) I had the fake ID because I'm a freshman in college (18) and I use it to get in bars/buy alcohol.2.) He does share the room and his roommate was gone so no, his roommate didn't give permission.The license suspension is ONE YEAR. Does anyone understand my question though? Doesn't there need to be some sort of legal procedure done (a ticket, court appearance, SOMETHING?!) before they can just say YOUR LICENSE IS SUSPENDED! Comment too long. Click here to view the full text.
>>6425OP Here
1.) I had the fake ID because I'm a freshman in college (18) and I use it to get in bars/buy alcohol.
2.) He does share the room and his roommate was gone so no, his roommate didn't give permission.
The license suspension is ONE YEAR. Does anyone understand my question though? Doesn't there need to be some sort of legal procedure done (a ticket, court appearance, SOMETHING?!) before they can just say YOUR LICENSE IS SUSPENDED!
>>6426 the DOT, DMV, or whatever license issuing authority Illinois has can rescind, cancel, or revoke a license for any or no reason.A license is a privilige, not a right. Sad but true.If they don't give you a court date it's a civil issue and you'll have to pursue it affirmatively before you can get your license back (you'll have to track down your own lawyer and bring a case against the state rather than the state bringing a case against you)
>>6434OP here,Yeah, just got off the phone with my lawyer. Its an administrative hearing not a criminal case. He said he needed me to give the name and address of the person I got it from and it would go from revoked to suspended. I told him no can do. He's like "Listen man, you've got your life to think about". I said "Yeah I don't need a preacher, I need a good lawyer." Pretty much ended the call right there.
>>6434OP here,
Yeah, just got off the phone with my lawyer. Its an administrative hearing not a criminal case. He said he needed me to give the name and address of the person I got it from and it would go from revoked to suspended. I told him no can do. He's like "Listen man, you've got your life to think about". I said "Yeah I don't need a preacher, I need a good lawyer." Pretty much ended the call right there.
Dear /law/,My boyfriend just got arrested for selling weed in our dorm :(why is the world so cruel? The police had a search warrant and they took him away:(Now I am unsure of what to do. His bail is 15000, me and my friends are thinking of trying to raise it but i don't know what the best thing to do is. Has anyone had experiences like this? I'm really sad :(
There are always risks for breaking laws, and your boyfriend just suffered them.It sucks, but he should have been aware of the risks, that's his responsibility.
There are always risks for breaking laws, and your boyfriend just suffered them.
It sucks, but he should have been aware of the risks, that's his responsibility.
>>6435Did he sell to an undercover cop, or did someone snitch?How much did he have in his possession?Is the charge intent to distribute or trafficking?
Hello lawyers, a question for you:Does the police regularly listen in on mobile phone conversations? I'm asking because from time to time my friends will call asking me to buy them weed and they're quite blatant about it over the phone ie: 'Mang, I need X amount of weed for tomorrow'.Even though it might not look that way in the eyes of the law; by no means am I a dealer...For the sake of legal information: I'm currently living in Bulgaria (EU country)
Hello lawyers, a question for you:
Does the police regularly listen in on mobile phone conversations? I'm asking because from time to time my friends will call asking me to buy them weed and they're quite blatant about it over the phone ie: 'Mang, I need X amount of weed for tomorrow'.Even though it might not look that way in the eyes of the law; by no means am I a dealer...
For the sake of legal information: I'm currently living in Bulgaria (EU country)
>>6413What are you going to do about it?You can't sue any of the telecommunication companies because they're all immune from lawsuits from warrentless wiretapping that the government wanted.The government will just ignore you. PATRIOT act. Protecting America from the real terrorists.
>>6413What are you going to do about it?You can't sue any of the telecommunication companies because they're all immune from lawsuits from warrentless wiretapping that the government wanted.
The government will just ignore you. PATRIOT act. Protecting America from the real terrorists.
cops have more important shit to worry about than someone selling a bit of weed to their friends
>>6430well that explains why the vast majority of prison inmates aren't there because of drug charges....except that the majority of inmates in America are in prison serving time for drug charges....
>>6432The majority of those inmates were caught for something more than simple possession and deserve their nightly anal rape.
>>6432>the majority of inmates in America are in prison serving time for drug charges....>>6248>For the sake of legal information: I'm currently living in Bulgaria (EU country)
>>6432
>the majority of inmates in America are in prison serving time for drug charges....
>>6248
>For the sake of legal information: I'm currently living in Bulgaria (EU country)
hey /law/,How do you think Perry v Schwarzenegger will go?Also, is Roe v Wade in any danger from the christfags?
hey /law/,
How do you think Perry v Schwarzenegger will go?
Also, is Roe v Wade in any danger from the christfags?
All considering I think Perry v Schwarzengger will end up with the gays winning. Mainly because of Walker's l&e, 1972 decision will have to be argued, and the fact that the defendant council show signs of mental retardation in any aspect of court strategy.Roe v. Wade isn't in any danger. Nobody can make a case worth hearing against it solely on legal.
All considering I think Perry v Schwarzengger will end up with the gays winning. Mainly because of Walker's l&e, 1972 decision will have to be argued, and the fact that the defendant council show signs of mental retardation in any aspect of court strategy.
Roe v. Wade isn't in any danger. Nobody can make a case worth hearing against it solely on legal.
i say we abolish marriage for any sex
>>6421Then you'll fucking love this. This is excerpt from the Texas constitution:"This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage." FUCK YEAH! GAYS DON'T GET MARRIED BUT NEITHER DO STRAIGHTS OR ANIMALS OR ANYTHING. FUCK YEAH!
>>6421Then you'll fucking love this. This is excerpt from the Texas constitution:"This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage."
FUCK YEAH! GAYS DON'T GET MARRIED BUT NEITHER DO STRAIGHTS OR ANIMALS OR ANYTHING. FUCK YEAH!
>>6427The gret and completely representative thing about Texas is that it has taken them years to actually figure that one out.
>>6427 that's just a modifying clause of the amendment to the state's constitution banning gay marriage. You'd have to convince the AG to enforce it in that fashion before it would actually take the effect you think it has.Since the Attorney General (who, if I remember right, was the former Chief Justice of Texas' Supreme Court) disagrees with you (he helped write the amendment), your argument is mostly pointless. Lrn2applicationoflaw.The AG's office takes the clause's meaning to prevent the state or municipalities from creating "partnerships" "civil unions" or marriage substitutes to get around the Amendment's specific ban on a marriage between a man and a woman. Since a clause only modifies the text to which it refers (in this case, an amendment banning a marriage between two people of the same sex) the clause doesn't affect any unions that aren't similar to marriage and aren't constituted of 2 people of the same sex. Comment too long. Click here to view the full text.
>>6427 that's just a modifying clause of the amendment to the state's constitution banning gay marriage. You'd have to convince the AG to enforce it in that fashion before it would actually take the effect you think it has.Since the Attorney General (who, if I remember right, was the former Chief Justice of Texas' Supreme Court) disagrees with you (he helped write the amendment), your argument is mostly pointless. Lrn2applicationoflaw.
The AG's office takes the clause's meaning to prevent the state or municipalities from creating "partnerships" "civil unions" or marriage substitutes to get around the Amendment's specific ban on a marriage between a man and a woman. Since a clause only modifies the text to which it refers (in this case, an amendment banning a marriage between two people of the same sex) the clause doesn't affect any unions that aren't similar to marriage and aren't constituted of 2 people of the same sex.
Long story short, my step dad is an asshole and we might end up getting in a fight sometime soon. If it comes to that, as long as he takes the first swing, I can fuck him up a reasonable amount without any legal repercussions, correct? Does it matter if I egg him on and consciously make him angry enough to start the physicality?
You guys are all clueless. Time to educate. (for the USA)First of all, take note that self-defense is a justification that negates any criminal liability. That is, the accused did the "right" thing. He was entitled to commit an act that he would otherwise be convicted for.Self-defense: Comment too long. Click here to view the full text.
You guys are all clueless. Time to educate. (for the USA)
First of all, take note that self-defense is a justification that negates any criminal liability. That is, the accused did the "right" thing. He was entitled to commit an act that he would otherwise be convicted for.
Self-defense:
>>6362>if you're in a castle law state, this applies by mere virtue of being in your homelol no. Several states have extended castle doctrine to cars and places of business.
>>6362
>if you're in a castle law state, this applies by mere virtue of being in your home
lol no. Several states have extended castle doctrine to cars and places of business.
>>6384thanks for being thorough.
I've seen this situation a few times, and it varies from case to case. I've seen it happen where the son ends up getting charges pressed on him, because the stepdad's a pussy, calls the cops, and has mom so thoroughly wrapped up that she collaborates with stepdad, even if she's got a bloody nose or a black eye. I've also seen situations where stepdad gets into a fight with the son, both do a reasonable amount of damage to each other, and then they both man the fuck up and either stepdad leaves mom alone or leaves the house. I've also seen situations where they get into a fight, son cold clocks the stepdad in a punch or two, and that's the end of that. If the cops get called, and they can see that there was obvious abuse, sometimes cops/judge/DA will feel that they stepdad got what was coming to him and lets it slide/never files charges. Because charges can be pressed with nothing coming of it, if the DA decides not to file the charges.
you can use reasonable force to defend yourself, what constitutes reasonable force is debatable, but beating him to bloody pulp cus he took a swing at you probably won't qualify
so i tried asking /weed/ and i got sent here...i keep reading about AMERICANs' constitutional rights to decline a search, but what about the rest of the world? i mean excluding shitholes like namibia where law is relative to bribery, but are other countries the same? coz i dont want to refuse a search then the cops are like 'lol, what are you hiding' and get even more pwnzored.if its any different im in australia... thanks /law/ : )
so i tried asking /weed/ and i got sent here...
i keep reading about AMERICANs' constitutional rights to decline a search, but what about the rest of the world? i mean excluding shitholes like namibia where law is relative to bribery, but are other countries the same? coz i dont want to refuse a search then the cops are like 'lol, what are you hiding' and get even more pwnzored.
if its any different im in australia... thanks /law/ : )
OP plz spend at least 30 secs with a google search of search and seizure. Or use common sense thats good too.
>>6331Using proper English might encourage him to use google.
>>6365but what if op speaks something else, like Russian? Then speaking in proper English wouldn't help at all
Explain why a 15yr old can be tried as an adult for crimes but they can't buy cigarettes, vote, get fucked, etc etc. Especially the age of consent or other issues that directly correlate to their supposed level of judgment and maturity. Or is this another majority sentiment/witch hunt deal regarding application of the law?
Same reason someone is old enough to die for their country but can't have a beer.
I know in Florida that if you are under 18, it's a first offense and it's not a major crime they offer programs to have it expunged from your record, but yes, I agree minors being tried as adults is pretty bullshit.
>get fuckedoh I beg to differ
>get fucked
oh I beg to differ
couldn't a minor get off as less guilty due to a not full matured brain?
>>6414if they're tried as a juvenile, but many times they are tried as an adult (particularly for murder or gross destruction/theft/etc) and thus their age goes out the window
Where can I found out about my state's cannabis laws? I'm in Oregon, so there's nothing too draconian, but I'm mainly concerned about the paraphernalia restrictions. A buddy of mine told me that there basically weren't restrictions, and items could even be marketed pretty clearly without consequence (we sell BONGS for smoking WEED), but hey, he smoked a lot of weed and I don't know where he heard that.
>>6376you'd have to look up the actual statutebut theoretically yes.They'd have to prove you were using though. Court rules would be important-if a positive THC test is conclusive proof....it's very easy to prove. Otherwise they'd literally have to catch you smoking.
>>6376you'd have to look up the actual statutebut theoretically yes.
They'd have to prove you were using though. Court rules would be important-if a positive THC test is conclusive proof....it's very easy to prove. Otherwise they'd literally have to catch you smoking.
OP: Oregon-fag here as well. Laws are fairly the same as everywhere else (The head shops label everything as water pipes for tobacco) etc. The only real difference is that weed here is decriminalized. less than an ounce caught on you? Like just a $150 fine and you're on your way.Just keep less than an ounce and don't be an idiot. Paraphernalia mostly just gets confiscated and you get a slap on the wrist.Good luck OP, I love this state.
OP: Oregon-fag here as well. Laws are fairly the same as everywhere else (The head shops label everything as water pipes for tobacco) etc. The only real difference is that weed here is decriminalized. less than an ounce caught on you? Like just a $150 fine and you're on your way.
Just keep less than an ounce and don't be an idiot. Paraphernalia mostly just gets confiscated and you get a slap on the wrist.
Good luck OP, I love this state.
>>6381thanks man. I doubt they'd actually go out of their way to test someone but who knows.
>>6393it'd be an illegal search anywaydon't consent
Here you go: http://norml.org/index.cfm?wtm_view=&Group_ID=4559
http://www.youtube.com/watch?v=u_ogBVHQ8VY
>>5570Sauce on this?
>>5570
Sauce on this?
>>6347unless you are literally a black or gay person being lynched by a KKK member who also happens to be a copresisting arrest (no matter how invalid) will always land you in jail.In other words-unless your life is in present MORTAL DANGER and you will be unable to avail yourself of the criminal justice system-YOU ARE OBLIGATED TO COMPLY WITH POLICE OFFICERS.
>>6347unless you are literally a black or gay person being lynched by a KKK member who also happens to be a copresisting arrest (no matter how invalid) will always land you in jail.
In other words-unless your life is in present MORTAL DANGER and you will be unable to avail yourself of the criminal justice system-YOU ARE OBLIGATED TO COMPLY WITH POLICE OFFICERS.
>>5528am i the only one that feels outrage in every fibre of my body at this? A cop could walk up to you, punch you in the face and take you down, and if you try to run he can do you for resisting arrest. WTF is wrong with society. Obv in this situation if it was proven to be unprovoked the officer would get fucked, (maybe) but only after a good amount of court which the average bloke cant afford to pay for. fuck society.
>>5528
am i the only one that feels outrage in every fibre of my body at this? A cop could walk up to you, punch you in the face and take you down, and if you try to run he can do you for resisting arrest. WTF is wrong with society. Obv in this situation if it was proven to be unprovoked the officer would get fucked, (maybe) but only after a good amount of court which the average bloke cant afford to pay for.
fuck society.
>>5389That video is beautiful.Thank you.
cops, judges, hippies, niggers, spics, crackers, office workers, psychologists, layers, your mom and dad are all human...some humans are dicks, no matter the profession. Some are also nice. This is in regards to the "see a cop kill a cop," and "cops are pigs".
Hey /law/. I live in Canada, BC to be specific. Anyways in my philosophy class we got to talking about the right to property. That got us talking about having to return ill gotten goods. That got us to land. That got the teacher around to claiming that if you went and lived on a piece of land large enough to just support you/your family for 5 years as your primary residence the land could legally become yours as long as you proved it wasn't previously owned. Anyone know if this is true/whats it called/where I could find documentation about it?
he's talking about squatting. the same could be said (in murrika, at least) for property that is under ownership. i forget what the term is.
>>6230adverse possession
>>6230
adverse possession
I am on Probation. I was caught shoplifting on March thrown in jail for 5 days (This is my first offense and it was a bag of Sour Patch Kids). After that I've been going to probation but haven't been able to pay for it since I'm unemployed and gathering my things to head into college. I went to court September and they gave me community service since I couldn't pay for the fines. I still have to pay for probation fees but I'm heavily suffering from not having any money. I can't ask my family for assistance. If I took any money from them, my mother wouldn't have enough to pay for the house. She's really suffering and the only thing she wants me to do is better my life by continuing my education (First person in my family to go to college). Another court date is set up later next month for not being able to pay probation fees. I've already done all my community service but it's up to the judge on what he wants to do with me. From what I hear they might throw me in jail for 99 days. I'm in a panic because I know 1 of 2 things that could happen beginning next year. Either I start off college or spend the next 3 months after December in jail delaying my already delayed education. I'm pretty much a law abiding citizen and the first time I ever break the law it fucks me up pretty horribly. On top of the situation I was convicted in a county that is somewhat known for it's discrimination on non-Caucasian races (I'm Mexican born in Atlanta, GA). Comment too long. Click here to view the full text.
I am on Probation. I was caught shoplifting on March thrown in jail for 5 days (This is my first offense and it was a bag of Sour Patch Kids). After that I've been going to probation but haven't been able to pay for it since I'm unemployed and gathering my things to head into college. I went to court September and they gave me community service since I couldn't pay for the fines. I still have to pay for probation fees but I'm heavily suffering from not having any money. I can't ask my family for assistance. If I took any money from them, my mother wouldn't have enough to pay for the house. She's really suffering and the only thing she wants me to do is better my life by continuing my education (First person in my family to go to college). Another court date is set up later next month for not being able to pay probation fees. I've already done all my community service but it's up to the judge on what he wants to do with me. From what I hear they might throw me in jail for 99 days. I'm in a panic because I know 1 of 2 things that could happen beginning next year. Either I start off college or spend the next 3 months after December in jail delaying my already delayed education. I'm pretty much a law abiding citizen and the first time I ever break the law it fucks me up pretty horribly. On top of the situation I was convicted in a county that is somewhat known for it's discrimination on non-Caucasian races (I'm Mexican born in Atlanta, GA).
How much do the fees amount to?
>>6394312 Dollars. Due by December 8th. I think I am fucked. I can't pay for it.
>>6394
312 Dollars. Due by December 8th. I think I am fucked. I can't pay for it.
>>6398why are you going to see a judge? you only had 2 months to pay your fines? how is going to jail december-february going to fuck you over on school? university starts in august.if you are late paying the civil fee to be on probation that is a CIVIL MATTER between you and the state-YOU CANNOT GO TO JAIL FOR A CIVIL ISSUE. Your story makes no sense. Either you're a retard, you don't know what's going on in your own life, or your a retard troll.Smoke more
>>6398why are you going to see a judge? you only had 2 months to pay your fines? how is going to jail december-february going to fuck you over on school? university starts in august.
if you are late paying the civil fee to be on probation that is a CIVIL MATTER between you and the state-YOU CANNOT GO TO JAIL FOR A CIVIL ISSUE.
Your story makes no sense. Either you're a retard, you don't know what's going on in your own life, or your a retard troll.Smoke more
>>6402My probation officer said that community service can't pay off probation fees. Court fees and the actual fine is completely gone. I think he's trying to scare me into paying it. I am fucking broke as shit.I've really been trying to find a job. Being bilingual and all (Why is this not helping). But Georgia is such a fucking backward state. That's why I moved in a more progressive area of Atlanta. Going to college will shoot me out of this shithole. I can't wait.
>>6402
My probation officer said that community service can't pay off probation fees. Court fees and the actual fine is completely gone.
I think he's trying to scare me into paying it. I am fucking broke as shit.
I've really been trying to find a job. Being bilingual and all (Why is this not helping). But Georgia is such a fucking backward state. That's why I moved in a more progressive area of Atlanta. Going to college will shoot me out of this shithole. I can't wait.
damnnn. fuck america
If you force sex upon a prostitute is it theft of services or rape?
rapeyou can't steal something that can't be sold (don't be the stupid fuck who called the cops because your ex stole your gram of crack)also prosecutors go for the most serious charge.
rapeyou can't steal something that can't be sold (don't be the stupid fuck who called the cops because your ex stole your gram of crack)
also prosecutors go for the most serious charge.