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!!!!!!!!!

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

what if NEW evidence entered the case once it already started? would the lawyers be able to use it?

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.

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 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.

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.

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.

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.

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.

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.

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.

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.

THAT'S WHAT I WAS THINKING :thumbsup

ILL TAKE WRECKLESS DRIVING OR SIMILAR.

No doubt, RICO has been expanding a lot since the 1960s. However, according to Bar/Bri, some courts have begun limiting its applicability.

is there any way in California to totally expunge a felony conviction from a person's record?

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?

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.

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.

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.

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?

Also, if the glove doesn't fit, must you acquit? :1orglaugh

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.

:1orglaugh :1orglaugh :1orglaugh

do not know how to tell you this, but your reading comprehension must really suck, because torts, by definition are civil, not criminal.

damn, I hope your girlfriend is smarter than you. .8 and you would probably be dead. It is .08 in CA

THANK YOU CAPT OBVIOUS.

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

It's not illegal until you get caught. :)

the Bar Exam probably does not discuss RICO at all

ITS BROKEN. GET OVER IT.

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.

you must be a very busy guy to be able to do all your work in all caps :1orglaugh

What would I have to do to get 12clicks arrested and detained without council under the Patriot act?

FOH SHIZZLE

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.

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.

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.

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.

Cool deal, that's why I put a DISCLAIMER at the beginning of the thread. This is just for entertainment purposes only :)

very good, was wondering if you would catch that or not. there is no assault

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.

Good point. But this probably will fall under a different charge with differing penalties.

Check out snopes.com to see if its in their database. This wasn't covered in the bar/bri stuff.

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. :2 cents:

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.

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.