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/law/ - Law/Legal Discussion
/law/ - Law/Legal Discussion
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File: 1258687218932.jpg -(41591 B, 417x266) Thumbnail displayed, click image for full size.
41591 No.6417 Report Ban Global Ban Sticky Lock Reply

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.
2 posts omitted. Click Reply to view.
>> No.6424 Report Ban Global Ban

>>6420
OP 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.

>> No.6425 Report Ban Global Ban

>>6417
hmmmm
ok, 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.

Comment too long. Click here to view the full text.
>> No.6426 Report Ban Global Ban

>>6425
OP 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!

Comment too long. Click here to view the full text.
>> No.6434 Report Ban Global Ban

>>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)

>> No.6440 Report Ban Global Ban

>>6434
OP 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.



File: 1258746842263.jpg -(21499 B, 500x400) Thumbnail displayed, click image for full size.
21499 No.6435 Report Ban Global Ban Sticky Lock Reply

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 :(

>> No.6438 Report Ban Global Ban

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.

>> No.6439 Report Ban Global Ban

>>6435
Did 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?



File: 1257987751870.gif -(18416 B, 600x251) Thumbnail displayed, click image for full size.
18416 No.6248 Report Ban Global Ban Sticky Lock Reply

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)

11 posts omitted. Click Reply to view.
>> No.6428 Report Ban Global Ban

>>6413
What 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.

>> No.6430 Report Ban Global Ban

cops have more important shit to worry about than someone selling a bit of weed to their friends

>> No.6432 Report Ban Global Ban

>>6430
well 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....

>> No.6436 Report Ban Global Ban

>>6432
The majority of those inmates were caught for something more than simple possession and deserve their nightly anal rape.

>> No.6437 Report Ban Global Ban

>>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)


File: 1258679608564.jpg -(75449 B, 604x489) Thumbnail displayed, click image for full size.
75449 No.6411 Report Ban Global Ban Sticky Lock Reply

hey /law/,

How do you think Perry v Schwarzenegger will go?

Also, is Roe v Wade in any danger from the christfags?

>> No.6416 Report Ban Global Ban

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.

>> No.6421 Report Ban Global Ban

i say we abolish marriage for any sex

>> No.6427 Report Ban Global Ban

>>6421
Then 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!

>> No.6429 Report Ban Global Ban

>>6427
The gret and completely representative thing about Texas is that it has taken them years to actually figure that one out.

>> No.6433 Report Ban Global Ban

>>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.


File: 1258161434603.jpg -(65611 B, 768x510) Thumbnail displayed, click image for full size.
65611 No.6286 Report Ban Global Ban Sticky Lock Reply

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?

21 posts and 4 images omitted. Click Reply to view.
>> No.6384 Report Ban Global Ban

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.
>> No.6386 Report Ban Global Ban

>>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.

>> No.6390 Report Ban Global Ban

>>6384
thanks for being thorough.

>> No.6410 Report Ban Global Ban

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.

>> No.6431 Report Ban Global Ban

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



File: 1258355664199.jpg -(40580 B, 300x369) Thumbnail displayed, click image for full size.
40580 No.6330 Report Ban Global Ban Sticky Lock Reply

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/ : )

>> No.6331 Report Ban Global Ban

OP plz spend at least 30 secs with a google search of search and seizure. Or use common sense thats good too.

>> No.6365 Report Ban Global Ban

>>6331
Using proper English might encourage him to use google.

>> No.6423 Report Ban Global Ban

>>6365
but what if op speaks something else, like Russian? Then speaking in proper English wouldn't help at all



File: 1258608481661.jpg -(281128 B, 1600x1200) Thumbnail displayed, click image for full size.
281128 No.6391 Report Ban Global Ban Sticky Lock Reply

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?

1 posts and 1 images omitted. Click Reply to view.
>> No.6395 Report Ban Global Ban

Same reason someone is old enough to die for their country but can't have a beer.

>> No.6405 Report Ban Global Ban

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.

>> No.6409 Report Ban Global Ban
>get fucked

oh I beg to differ

>> No.6414 Report Ban Global Ban

couldn't a minor get off as less guilty due to a not full matured brain?

>> No.6422 Report Ban Global Ban

>>6414
if 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



File: 1258445284461.png -(294406 B, 720x528) Thumbnail displayed, click image for full size.
294406 No.6351 Report Ban Global Ban Sticky Lock Reply

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.

2 posts omitted. Click Reply to view.
>> No.6381 Report Ban Global Ban

>>6376
you'd have to look up the actual statute
but 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.

>> No.6388 Report Ban Global Ban
File: 1258605014920.png -(9043 B, 299x276) Thumbnail displayed, click image for full size.
9043

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.

>> No.6393 Report Ban Global Ban

>>6381
thanks man. I doubt they'd actually go out of their way to test someone but who knows.

>> No.6404 Report Ban Global Ban

>>6393
it'd be an illegal search anyway
don't consent

>> No.6419 Report Ban Global Ban

Here you go: http://norml.org/index.cfm?wtm_view=&Group_ID=4559



File: 1255241153860.jpg -(81746 B, 600x750) Thumbnail displayed, click image for full size.
81746 No.5389 Report Ban Global Ban Sticky Lock Reply

http://www.youtube.com/watch?v=u_ogBVHQ8VY

37 posts omitted. Click Reply to view.
>> No.6347 Report Ban Global Ban

>>5570

Sauce on this?

>> No.6349 Report Ban Global Ban

>>6347
unless you are literally a black or gay person being lynched by a KKK member who also happens to be a cop
resisting 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.

>> No.6361 Report Ban Global Ban

>>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.

>> No.6364 Report Ban Global Ban

>>5389
That video is beautiful.
Thank you.

>> No.6415 Report Ban Global Ban

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".



File: 1257922351899.jpg -(693007 B, 1920x1200) Thumbnail displayed, click image for full size.
693007 No.6227 Report Ban Global Ban Sticky Lock Reply

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?

>> No.6230 Report Ban Global Ban

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.

>> No.6412 Report Ban Global Ban

>>6230

adverse possession



No.6369 Report Ban Global Ban Sticky Lock Reply

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).

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5 posts omitted. Click Reply to view.
>> No.6394 Report Ban Global Ban

How much do the fees amount to?

>> No.6398 Report Ban Global Ban

>>6394

312 Dollars. Due by December 8th. I think I am fucked. I can't pay for it.

>> No.6402 Report Ban Global Ban

>>6398
why 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

>> No.6407 Report Ban Global Ban

>>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.

>> No.6408 Report Ban Global Ban

damnnn. fuck america



File: 1258644596545.jpg -(86566 B, 570x381) Thumbnail displayed, click image for full size.
86566 No.6403 Report Ban Global Ban Sticky Lock Reply

If you force sex upon a prostitute is it theft of services or rape?

>> No.6406 Report Ban Global Ban

rape
you 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.



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