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Old 12-06-2003, 04:24 PM   #1
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For the next 2 hours, I'll answer any CRIMINAL LAW question

My girlfriend is studying for the February bar exam in California. She's studying in the Philippines where I am based. Just for shits and giggles, I read through her Bar/Bri CRIMINAL LAW materials along with her PMBR flashcards regarding this subject matter. I read about 2000 words per minute. So, I'd like to test this speed and comprehension by asking you guys to go ahead and ask any torts-related question you may have... let's have some fun. NOTE: Please read the disclaimer below.

Please post all scenarios here, however, keep in mind that penal codes vary from state to state and between the federal government and the states.

DISCLAIMER: This thread is purely for entertainment purposes. None of its replies should be misconstrued as legal advice. If you have any legal questions, please seek the advice of a licensed actively practicing attorney in your jurisdiction. By participating in this thread, you agree to these terms and agree to hold harmless the user $5 submissions, Adult.Com and any and all of its subsidiaries, and fellow thread participants.


GO AHEAD... ASK AWAY!!!!!!!!!
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Old 12-06-2003, 04:26 PM   #2
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FOR A DUI CASE WHERE A BREAH EVIDENCE WAS SUBMITTED WHAT WOULD BE AN OPTION TO ARGUE WITH THE JUDGE IF YOU WERE TO CONTEST IT
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Old 12-06-2003, 04:26 PM   #3
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what if NEW evidence entered the case once it already started? would the lawyers be able to use it?
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Old 12-06-2003, 04:30 PM   #4
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Hey OFF ...

I saw somethinh like this happen in court. Here in Florida...

The guys attorney asked the officers if they had a photo of the defendant taking the test. They said no. He asked if they had a blood or urine sample to do dna with. They said no. The attoreny told the judge that it was not his client, and had another witness say that the guy was with him at the time the incident occoured...

He walked.
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Old 12-06-2003, 04:32 PM   #5
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hey $5 here is one for you that will most likely beon there...

Give me an example of something that you have seen on this board that involves the rico act.
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Old 12-06-2003, 04:33 PM   #6
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Quote:
Originally posted by OFFBEAT
FOR A DUI CASE WHERE A BREAH EVIDENCE WAS SUBMITTED WHAT WOULD BE AN OPTION TO ARGUE WITH THE JUDGE IF YOU WERE TO CONTEST IT
The most common elements for DUI are

1) Blood alcohol level above the state's legally drunk rate (in CA it's .8)

2) You were driving

Element #1 is usually attacked by 1) arguing that the police did not follow procedures 2) the sampling device was not "refreshed" from prior tests before sampling you 3) too much time elapsed between the breath sample and analysis

Element #2 is hard to attack if you were caught driving. However, if you were passed out on the road while in your car, there are possibilities that may explain this. Perhaps, your friend was driving you and the car ran out of gas so he took off to get gas. In the meantime, in your drunked stupor and fear for your property you went to the driver side and passed out. This is just a possibility, and I am not advocating it


Most DUI cases are plead down to reckless driving or other lower charges that have less impact on your ability to drive and your freedom.
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Old 12-06-2003, 04:35 PM   #7
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Quote:
Originally posted by bdjuf
what if NEW evidence entered the case once it already started? would the lawyers be able to use it?
Under the Brady standard, issued by the US Supreme Court, if EXCULPATORY evidence (ie., evidence that tended to show you are not guilty) is found out by the prosecutor they have a DUTY to tell your defense attorney. Failure to do this can reverse your conviction upon appeal.
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Old 12-06-2003, 04:45 PM   #8
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Hey OFF ...

I saw somethinh like this happen in court. Here in Florida...

The guys attorney asked the officers if they had a photo of the defendant taking the test. They said no. He asked if they had a blood or urine sample to do dna with. They said no. The attoreny told the judge that it was not his client, and had another witness say that the guy was with him at the time the incident occoured...

He walked.
AAAAAAAAHAHAHAHAHAHHAHA.

THE ONLY PROBLEM IS THAT THE OFFICERS TAKE AWAY YOUR DRIVERS LICENSE AND THEY ALSO TAKE YOUR FINGER PRINTS ONCE THEY HAUL YOU TO THE HOUSE. HARD TO ARGUE THIS.
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Old 12-06-2003, 04:46 PM   #9
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Quote:
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hey $5 here is one for you that will most likely beon there...

Give me an example of something that you have seen on this board that involves the rico act.
THe RICO act explained:

RICO stands for The Racketeer Influenced and Corrupt Organizations Act passed by the Federal government


The RICO act allows people who were financially injured by a "pattern of criminal behavior" to seek money damages in either federal or state courts.

In order to file a RICO act complaint, you must prove the following:

There were criminal actions being committed

These actions were long term and not just isolated actions

You discovered (or reasonably should have discovered) this pattern's damage to you no more than 4 years ago


TO answer your question, if you see false advertising on GFY that rises to CRIMINAL FRAUD and these practices are widespread and extend over a long period of time and ocurred within 4 years, then you MAY have a RICO claim. Once again, check with your local attorney to see which limitations, if any, apply.

Please note... many court cases have arisen which seek to LIMIT RICO to its original intended targets--GANGSTERS and organized crime types.
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Old 12-06-2003, 04:51 PM   #10
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Originally posted by $5 submissions


The most common elements for DUI are

1) Blood alcohol level above the state's legally drunk rate (in CA it's .8)

2) You were driving

Element #1 is usually attacked by 1) arguing that the police did not follow procedures 2) the sampling device was not "refreshed" from prior tests before sampling you 3) too much time elapsed between the breath sample and analysis

Element #2 is hard to attack if you were caught driving. However, if you were passed out on the road while in your car, there are possibilities that may explain this. Perhaps, your friend was driving you and the car ran out of gas so he took off to get gas. In the meantime, in your drunked stupor and fear for your property you went to the driver side and passed out. This is just a possibility, and I am not advocating it


Most DUI cases are plead down to reckless driving or other lower charges that have less impact on your ability to drive and your freedom.
I WAS DRIVING ALONE PULLED OVER FOR DRIVING 80 ON A 65 ZONE. BLEW A .11 WITH THE FIELD TEST. AND BLEW A .12 AT THE POLICE STATION.

I PICKED UP THE OFFICER'S FULL REPORT AS PART OF MY 'DISCOVERY' PROCESS. AND THERE'S ALOT OF INCONSISTENCIES IN THE REPORT THAT I WOULD LIKE THE JUDGE AND JURY TO KNOW OF.
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Old 12-06-2003, 04:52 PM   #11
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Take a look deeper into the RICO thing. There are some specifics that are deeper than what you read..

In fact there is something in it that would having a bearing on a thread that is currently on the board...


If you dont have the actual info that deep, I can tell you, but I was wondering how deep they require for the bar.
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Old 12-06-2003, 04:54 PM   #12
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Definitely ask your attorney to raise these inconsistencies when presenting the case to the jury.

However, most DUIs are pled down to lower charges. Having these inconsistencies in the reports might aid your attorney in getting you a lighter sentence with no jail time and permanent record consequences. Ask your attorney regarding his strategy.


Quote:
Originally posted by OFFBEAT


I WAS DRIVING ALONE PULLED OVER FOR DRIVING 80 ON A 65 ZONE. BLEW A .11 WITH THE FIELD TEST. AND BLEW A .12 AT THE POLICE STATION.

I PICKED UP THE OFFICER'S FULL REPORT AS PART OF MY 'DISCOVERY' PROCESS. AND THERE'S ALOT OF INCONSISTENCIES IN THE REPORT THAT I WOULD LIKE THE JUDGE AND JURY TO KNOW OF.
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Old 12-06-2003, 04:56 PM   #13
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The Bar/Bri info on this is fairly shallow... remember there's more than 12 branches of law that my GF needs to knock down before she can pass the test. Needless to say, she's a stress case right now. LOL

Go ahead and fill us in on the provision and let's have a discussion about it.

Quote:
Originally posted by pornguy
Take a look deeper into the RICO thing. There are some specifics that are deeper than what you read..

In fact there is something in it that would having a bearing on a thread that is currently on the board...


If you dont have the actual info that deep, I can tell you, but I was wondering how deep they require for the bar.
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Old 12-06-2003, 04:56 PM   #14
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Definitely ask your attorney to raise these inconsistencies when presenting the case to the jury.

However, most DUIs are pled down to lower charges. Having these inconsistencies in the reports might aid your attorney in getting you a lighter sentence with no jail time and permanent record consequences. Ask your attorney regarding his strategy.


THAT'S WHAT I WAS THINKING

ILL TAKE WRECKLESS DRIVING OR SIMILAR.
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Old 12-06-2003, 04:58 PM   #15
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No doubt, RICO has been expanding a lot since the 1960s. However, according to Bar/Bri, some courts have begun limiting its applicability.


Quote:
Originally posted by pornguy
Take a look deeper into the RICO thing. There are some specifics that are deeper than what you read..

In fact there is something in it that would having a bearing on a thread that is currently on the board...


If you dont have the actual info that deep, I can tell you, but I was wondering how deep they require for the bar.
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Old 12-06-2003, 04:59 PM   #16
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is there any way in California to totally expunge a felony conviction from a person's record?
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Old 12-06-2003, 05:02 PM   #17
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If someone you never even saw snuck up behind you and hit you with a bat, immediately knocking you unconscious, is that assault and battery?
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Old 12-06-2003, 05:03 PM   #18
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dude can you teach me how to read 2000 words per minute?
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Old 12-06-2003, 05:04 PM   #19
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dude can you teach me how to read 2000 words per minute?
Evelyn Wood speed reading techniques! This WORKS! The reason I took speed reading classes is because I get bored quickly when reading slowly.
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Old 12-06-2003, 05:11 PM   #20
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It's 8:10 AM here in the Philippines. Let me break for breakfast and when I get back, I'll hit all the new questions.
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Old 12-06-2003, 05:12 PM   #21
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Do you need a permit to have an adult business or just if its like strip club.. Does the intenet not count , what if your physical business is located somewhere.. Please get back to me and thanks for the free legal info.
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Old 12-06-2003, 05:27 PM   #22
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I have heard that if your are about to be pulled over for speeding on a highway (you see the trooper's lights flashing in your rearview far away, and you're the only car on the road) and you pull into a local road very fast, then the cop takes a few minutes to find you driving around... you cannot be issued a ticket as there is no way for them to know if you were the speeder or if it was another car that looked exactly like yours. The truth or another lame jackass urban myth?
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Old 12-06-2003, 05:29 PM   #23
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Also, if the glove doesn't fit, must you acquit?
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Old 12-06-2003, 05:32 PM   #24
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Also, you blood alcohol level is just a guideline. If the officer can prove the driver is impaired then blood alcohol is irrelevant. I have seen people get convicted with a .04.
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Old 12-06-2003, 05:34 PM   #25
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Quote:
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THAT'S WHAT I WAS THINKING

ILL TAKE WRECKLESS DRIVING OR SIMILAR.
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Old 12-06-2003, 05:46 PM   #26
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Old 12-06-2003, 05:49 PM   #27
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Originally posted by $5 submissions
My girlfriend is studying for the February bar exam in California. She's studying in the Philippines where I am based. Just for shits and giggles, I read through her Bar/Bri CRIMINAL LAW materials along with her PMBR flashcards regarding this subject matter. I read about 2000 words per minute. So, I'd like to test this speed and comprehension by asking you guys to go ahead and ask any torts-related question you may have... let's have some fun. NOTE: Please read the disclaimer below.

Please post all scenarios here, however, keep in mind that penal codes vary from state to state and between the federal government and the states.

DISCLAIMER: This thread is purely for entertainment purposes. None of its replies should be misconstrued as legal advice. If you have any legal questions, please seek the advice of a licensed actively practicing attorney in your jurisdiction. By participating in this thread, you agree to these terms and agree to hold harmless the user $5 submissions, Adult.Com and any and all of its subsidiaries, and fellow thread participants.


GO AHEAD... ASK AWAY!!!!!!!!!
do not know how to tell you this, but your reading comprehension must really suck, because torts, by definition are civil, not criminal.
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Old 12-06-2003, 05:52 PM   #28
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The most common elements for DUI are

1) Blood alcohol level above the state's legally drunk rate (in CA it's .8)
damn, I hope your girlfriend is smarter than you. .8 and you would probably be dead. It is .08 in CA
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Old 12-06-2003, 05:56 PM   #29
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THANK YOU CAPT OBVIOUS.
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Old 12-06-2003, 05:56 PM   #30
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I WAS DRIVING ALONE PULLED OVER FOR DRIVING 80 ON A 65 ZONE. BLEW A .11 WITH THE FIELD TEST. AND BLEW A .12 AT THE POLICE STATION.

I PICKED UP THE OFFICER'S FULL REPORT AS PART OF MY 'DISCOVERY' PROCESS. AND THERE'S ALOT OF INCONSISTENCIES IN THE REPORT THAT I WOULD LIKE THE JUDGE AND JURY TO KNOW OF.
haha, I have yet to read a police report that was accurate, but you are never going to get the judge to agree that the cop is lying without you doing a very thorough cross examination, and getting him to admit inconsistancies

oh, hit the caps lock key once, would you
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Old 12-06-2003, 05:57 PM   #31
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It's not illegal until you get caught.
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Old 12-06-2003, 05:59 PM   #32
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Quote:
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Take a look deeper into the RICO thing. There are some specifics that are deeper than what you read..

In fact there is something in it that would having a bearing on a thread that is currently on the board...


If you dont have the actual info that deep, I can tell you, but I was wondering how deep they require for the bar.
the Bar Exam probably does not discuss RICO at all
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Old 12-06-2003, 06:00 PM   #33
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oh, hit the caps lock key once, would you
ITS BROKEN. GET OVER IT.
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Old 12-06-2003, 06:03 PM   #34
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ITS BROKEN. GET OVER IT.
and you can't afford $10 for a new keyboard?
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Old 12-06-2003, 06:06 PM   #35
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and you can't afford $10 for a new keyboard?
ITS NOT ABOUT AFFORDING. ITS A NON-ISSUE TO ME.

GET BACK TO WORK AND QUIT YOUR REGULATING.
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Old 12-06-2003, 06:08 PM   #36
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ITS NOT ABOUT AFFORDING. ITS A NON-ISSUE TO ME.

GET BACK TO WORK AND QUIT YOUR REGULATING.
you must be a very busy guy to be able to do all your work in all caps
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Old 12-06-2003, 06:09 PM   #37
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What would I have to do to get 12clicks arrested and detained without council under the Patriot act?
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Old 12-06-2003, 06:11 PM   #38
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you must be a very busy guy to be able to do all your work in all caps
FOH SHIZZLE
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Old 12-06-2003, 06:13 PM   #39
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Thanks, I saw that earlier. I was originally going to take only torts questions but figured crim would be more fun. Unfortunately, I did not delete torts completely from the original thread and could not edit after 5 minutes. But good catch.


Good call on the .08 blood level as well. That is correct, that's the California standard. Good catch on that.


As for my girlfriend being smarter than me. I think you're right, she finished with a cum laude from Cal Berkeley so I guess that counts for something. LOL.

Anyway, thanks for participating in this thread and being a former attorney yourself, feel free to jump in some more and expand on points, etc. It's all in good fun.




Quote:
Originally posted by baddog


do not know how to tell you this, but your reading comprehension must really suck, because torts, by definition are civil, not criminal.
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Old 12-06-2003, 06:17 PM   #40
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is there any way in California to totally expunge a felony conviction from a person's record?
This isn't covered in depth in the Bar/Bri materials I read. However, there is a provision in California law that allows for the "sealing" of criminal misdemeanor and felony convictions. Misdemeanors are easier to expunge and not all felonies can be expunged. You have to complete your probationary period before you can make a filing with the court.
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Old 12-06-2003, 06:17 PM   #41
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Anyway, thanks for participating in this thread and being a former attorney yourself, feel free to jump in some more and expand on points, etc. It's all in good fun.




never an attorney, paralegal, In Pro Per, and negotiator for law firm,

that is why I would never give legal advise, had too many complaints to the bar and other jurisdictions for my supposedly doing that. So I only say what I would do if I was in their position based on my personal knowledge, experience and research.
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Old 12-06-2003, 06:26 PM   #42
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Originally posted by ModelPerfect
If someone you never even saw snuck up behind you and hit you with a bat, immediately knocking you unconscious, is that assault and battery?

Okay, let's look at the difference between assault and battery and then apply it to your fact pattern:

Assault is either an attempted battery (see below) or the placing of the victim in apprehension of receiving an immediate battery. ENDANGERMENT is a related offense to assault (but usually a misdemeanor) that involves recklessly endangering the safety of others.

Battery is the unlawful unconsented touching of an individual by another individual or object/apparatus/equipment connected to or under the control of such an individual.

In your case, there appears to be no Assault because 1) the attempt SUCCEEDED and 2) there are no facts to suggest that they were put in apprehension of receiving an immediate battery.

So in your case, it is battery. Now the only question is whether it is an AGGRAVATED form of battery which may result in a stiffer sentence.
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Old 12-06-2003, 06:27 PM   #43
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Cool deal, that's why I put a DISCLAIMER at the beginning of the thread. This is just for entertainment purposes only

Quote:
Originally posted by baddog


never an attorney, paralegal, In Pro Per, and negotiator for law firm,

that is why I would never give legal advise, had too many complaints to the bar and other jurisdictions for my supposedly doing that. So I only say what I would do if I was in their position based on my personal knowledge, experience and research.
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Old 12-06-2003, 06:30 PM   #44
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Originally posted by $5 submissions





In your case, there appears to be no Assault because 1) the attempt SUCCEEDED and 2) there are no facts to suggest that they were put in apprehension of receiving an immediate battery.

So in your case, it is battery. Now the only question is whether it is an AGGRAVATED form of battery which may result in a stiffer sentence.
very good, was wondering if you would catch that or not. there is no assault
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Old 12-06-2003, 06:33 PM   #45
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Do you need a permit to have an adult business or just if its like strip club.. Does the intenet not count , what if your physical business is located somewhere.. Please get back to me and thanks for the free legal info.
No this is not free legal advice just a test of Bar/Bri comprehension. Unfortunately, your question is not covered in the Bar/Bri materials I read through. Your best bet would probably be going to your local city Clerk and asking for the types of categories you need to have a business license for and if there are any requirements for this specific type of business. Depends on your local city ordinance, really.
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Old 12-06-2003, 06:38 PM   #46
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Quote:
Originally posted by Armed & Hammered
Also, you blood alcohol level is just a guideline. If the officer can prove the driver is impaired then blood alcohol is irrelevant. I have seen people get convicted with a .04.
Good point. But this probably will fall under a different charge with differing penalties.
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Old 12-06-2003, 06:39 PM   #47
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Check out snopes.com to see if its in their database. This wasn't covered in the bar/bri stuff.


Quote:
Originally posted by racksale
I have heard that if your are about to be pulled over for speeding on a highway (you see the trooper's lights flashing in your rearview far away, and you're the only car on the road) and you pull into a local road very fast, then the cop takes a few minutes to find you driving around... you cannot be issued a ticket as there is no way for them to know if you were the speeder or if it was another car that looked exactly like yours. The truth or another lame jackass urban myth?
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Old 12-06-2003, 06:43 PM   #48
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Also, if the glove doesn't fit, must you acquit?
The problem with Johnny Cochrane's catchphrase is that, even if you discount the glove, there were other blood evidence that ties The Juice to the crime scene.
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Old 12-06-2003, 06:43 PM   #49
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OK. the main way that the state attorneys are using ( abusing ) this law is fro guilt by association.

For instance, an old friend calls you can says, hey, I just moved back to town and wanted to know if you wanted to go for coffee and catch up on old time. Of course you say yes, and the person picks you up. As you are driving to the coffee shop you are stopped by a cop and both are arrested for possesion of the 2 kilos that the guy had in the trunk. They use that fact that you are frineds, that you are in the vehicle with him, and the phone call to say that you are as guilty as the person that owned the car and the drugs.

Can you win it??? If you are lucky.
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Old 12-06-2003, 06:47 PM   #50
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hey $5 just do everyone a favor with the G/F or wife..

Make sure that she is a straight shooter when it comes to money from clients...

I am so sick of attorneys ripping people off.
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