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Posted: Thu Aug 02, 2007 8:56 pm Post subject: I's in trouble with the law.
Anyone here a lawyer? Subber needs a little legal advice, and dosen't really want to give up his paycheck. Pleeeeeeeease... _________________ Official winner of the A-S Worst Thread Ever Award
Posted: Thu Aug 02, 2007 9:19 pm Post subject: Re: I's in trouble with the law.
subbergod wrote:
Anyone here a lawyer? Subber needs a little legal advice, and dosen't really want to give up his paycheck. Pleeeeeeeease...
for god sake, who the hell did you kill now? _________________ [img:300:50:996c22e8b0]http://img.photobucket.com/albums/v208/Ragnarin/myforumLOLskills.gif[/img:996c22e8b0]
Well, I am being charged with reckless burning and the use of fireworks that might have not quite been legal. But I am INNOCENT, see. I think. WHERE'S A LAWYER?! _________________ Official winner of the A-S Worst Thread Ever Award
Well, I am being charged with reckless burning and the use of fireworks that might have not quite been legal. But I am INNOCENT, see. I think. WHERE'S A LAWYER?!
oh, so you are busted while playing fireworks+burning material....
WHAT IN THE WORLD MAN? YOU ARE GUILTY AS CHARGE... _________________ [img:300:50:996c22e8b0]http://img.photobucket.com/albums/v208/Ragnarin/myforumLOLskills.gif[/img:996c22e8b0]
I live in washington, and I didn't know the fireworks were illegal. They were even advertised in my paper. Requas mens, requires an intent for such a crime to be valid.
Recless Burning in the second degree entails intentionally starting a fire that may put people or property in jeopardy. Obviously in my case it was an accident.
As to the fireworks, I had no way of knowing about their illegality.
It's not a serious charge, but I don't want anything at all on my criminal record. _________________ Official winner of the A-S Worst Thread Ever Award
im not familiar with american constitutes or law, but im assuming that u have not done anything like this before, or rather, NOT have a previous criminal history.
if in court, appeal it by pleading not guilty, ur lawyer, the judge and the jury will review the matter as an honest case of u-didnt-know.
however, they might ask u how u got them, why u had them, what u were celebrating/burning them for and why u didnt use common sense as to ask the police in the area.
im not sure though, but all the best dude. _________________ [img:567:138:151453bb6b]http://www.anime-source.com/upload/uploadFiles/wahagifsda.gif[/img:151453bb6b]
blog
A couple of boys are caught by the police can face some charges or something... by tying up and bunch of fireworks and setting them off together. I dunno much about the laws in US... good luck then.
I think thet are really just trying to get me on the fireworks. I had a few hundred M-80's and 250 foot span arial mortars and stuff. Some of it came from the Indian reservation and I had to special order it 8 monthes ahead of time.. However, I will try to cliam that I didn't know they were illegal. I can't have any blots on my shining record. _________________ Official winner of the A-S Worst Thread Ever Award
Joined: Nov 01, 2005 Posts: 689 Location: Behind you
Posted: Fri Aug 03, 2007 12:19 pm Post subject:
o.0 wow all fireworks that go into the air and explode or cause loud noises are illegal here in my state but we do them nyways cause the cops wont say nything but "Will you please stop fireing off those fireworks" o.o best of luck dude _________________ Want advice DONT WORK AT WALMART... Theres your freebie...
Joined: Nov 29, 2004 Posts: 8365 Location: Futaba District, Fukushima Japan
Posted: Fri Aug 03, 2007 5:54 pm Post subject:
subbergod wrote:
I live in washington, and I didn't know the fireworks were illegal. They were even advertised in my paper.
ignorance of the law is not an excuse to break the law
Quote:
Requas mens, requires an intent for such a crime to be valid.
wanna learn more Latin? "Mens Rea" which basically means "caught red-handed." Guarenteed if you start spouting off random legal terminology, they'll come right back to you with even more. And Mens Rea trumps Requas Mens... especially in cases of misdemeanors.
what do you need to know? I have a degree in criminal justice AND I work for the fire department... meh, maybe I should read the rest of the thread first.
Heh heh, punishment for using illegal fireworks: they strap you to a giant firework and send you up into the strasophere. If you survive, you get released scott free...
no one survives
Okay... I read the rest of the thread and to reiterate my point above:
Ani_MaSTeR wrote:
if in court, appeal it by pleading not guilty, ur lawyer, the judge and the jury will review the matter as an honest case of u-didnt-know.
hahahahahahhahahaha.... sorry... I love this misconception. You kids watch too much tv. Cases like this never go in front of a jury. Fighting it in court only gets you in bigger trouble. My advice... you did the crime (you DID have illegal fireworks), so accept the punishment whether you think you're gulity or not (no one REALLY thinks they are guilty). You'll get community service... spend an afternoon pickipg up trash in the park or mopping floors at the fire station. Big deal, you'll survive.
subbergod wrote:
However, I will try to cliam that I didn't know they were illegal. I can't have any blots on my shining record.
wanna know what will happen if you do? They will laugh in your face and double your punishment for being a shmuck. Sorry, it's the truth. Like I said above, you can't ever claim "you didn't know it was illegal." The judge will think you're a retard and your lawyer will walk out of the room being too embarrassed to be your representative.
Haha, I know I sound harsh in all this, but seriously, this is how the system works and this IS the best advice out there. By being responsible and admitting what you did WITHOUT argument will get you the biggest break. If the judge is really cool, you'll get the community service and if you do that without complaint, they can "expunge" your conviction and that will clean your record (ie... they delete it from your history and no one will ever know it happened but you, and you can still claim you have a clean record in the future). _________________ GTX: Great Teacher Xeno... my daily blog about teaching in an elementary and middle school in Japan (see right-menu)
ignorance of the law is not an excuse to break the law
That's why I claim that the fireworks ad directly mislead me into buying the fireworks, and therefore breaking the law.
Quote:
Guarenteed if you start spouting off random legal terminology, they'll come right back to you with even more.
It wasn't random. It's what my Uncle the lawyer called it.
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Cases like this never go in front of a jury.
Funnily enough, it IS going in front of a full jury.
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You'll get community service... spend an afternoon pickipg up trash in the park or mopping floors at the fire station. Big deal, you'll survive.
That and a possible felony and $2000.00 in restitution.
I CANNOT have a felony on my record. I am going to fight this, I just need a strategy. _________________ Official winner of the A-S Worst Thread Ever Award
Joined: Jul 22, 2005 Posts: 8164 Location: la la land
Posted: Tue Aug 07, 2007 3:27 am Post subject:
dont be silly subber, there is no strategy here, you either own up to what you have done wrong and get the minimal punishment or get your ass fried.
by the way where did you order the fireworks from exactly? it might help if you do a little background research on the company. can they actually advertise illegal products on local papers, and deliver them to buyers without permits. _________________ "Look at me, with my pretty bracelet and tiara... I'm a fuckin' princess!"
[img:160:122:c4b28be4ec]http://img215.imageshack.us/img215/8233/lkaedeoutplayzr5.gif[/img:c4b28be4ec]
since you say it again and again maybe you are waiting for this question...
why exactly are you so obsessed not to get any record?
well..i myselft wouldn't have got my job if i had any since i work as magistrate/civil servant in my country...
if its just something like posession of illeagal fireworks
it shouldn't be that much of a prob...
but the point is if it's charged with 2000$ or just some community work...
people who see the record will be able to tell how bad the crime was by looking at the charge...
since i am no lawyer or something, i don't really know if it works that way but it is what i think _________________ [IMG:338:120:3d94243a9b]http://img526.imageshack.us/img526/6072/70939132oo8.png[/img:3d94243a9b]
Afterall, the fate of the world rests on my pitching....the world sure isn't worth much these days.
Joined: Nov 29, 2004 Posts: 8365 Location: Futaba District, Fukushima Japan
Posted: Tue Aug 07, 2007 5:33 am Post subject:
subbergod wrote:
Quote:
ignorance of the law is not an excuse to break the law
That's why I claim that the fireworks ad directly mislead me into buying the fireworks, and therefore breaking the law.
didn't you say you bought it from an Indian Reservation? Why would you think because it's legal in another place, it's legal in your own place? That's still ignorance of the law.
Quote:
Quote:
Guarenteed if you start spouting off random legal terminology, they'll come right back to you with even more.
It wasn't random. It's what my Uncle the lawyer called it.
haha, your uncle isn't helping you much then. (when I said "random," I wasn't insinuating you made it up or anything... it's just kinda out of place... especially in a case like this. The big Latin arguments are usually saved for the mass-murdered-type trials.)
Quote:
Quote:
Cases like this never go in front of a jury.
Funnily enough, it IS going in front of a full jury.
if you already plead "not guilty," then you're just wasting everyone's time. If you force them to form a jury and make people sit there in a hot courtroom all morning for a crime you KNOW you're guilty of, expect to pay that full $2000 fine then. I know if I were on that jury and I found out the case I had to waste my day on was for a kid screwing around with fireworks trying to get out of it, I'm voting for the maximum penalty.
Quote:
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You'll get community service... spend an afternoon pickipg up trash in the park or mopping floors at the fire station. Big deal, you'll survive.
That and a possible felony and $2000.00 in restitution.
I CANNOT have a felony on my record. I am going to fight this, I just need a strategy.
as we're all telling you, don't try to pull out some miraculous Phoenix Wright/Ally McBeal victory. You want strategy? Stop wasting the court's time and plead guilty. Ask for a reduction of charges (maybe possession over purchasing) and get it reduced to a misdemeanor.
The cops strategy is to charge you with the worst because they expect you to plead down. I worked with the Boston Police for long enough to see it happen about 50 times. They add on everything they could possibly nail you with because they know when they go to court, then can whiddle it down to something reasonable.
But like we keep saying... if you keep trying to fight it, you ARE going to lose. And if you don't bargain now, your chance to get off easy take a huge drop. If they charge you with a felony, that's a minimum of one year in jail. Most state laws require you to serve at least 1/3 your sentence and then parole your remaining days with good behavior. So unless you're ready to sit in state prison for 4 months for frickin' fireworks possession, I think you better just admit what you did. If you gotta pay the fine, then you gotta pay the fine.
Again, sorry if this sound awful, but you got yourself into a pinch and the only thing you can do know to save your ass is just admit what you did before a jury is summonsed. What else are you gonna do? Try to disprove the cop who caught you? I'm sure they got a wheelbarrow full of evidence against you sitting in the lock-up as we speak. We're on your side here. None of us wanna see you end up in jail. All we're saying is you gotta be smart about this.
Rule 1 of the Criminal Justice System (our professor made us memorize all 3 the first day of class): 90% of all cases never go to trial... ie, they are settled by bargaining between prosecutors and defense lawyers in tiny little rooms off the main hallways of the courthouse... and yes, I was a witness to these discussions as part of my internship, too... they all last about 2 minutes. Case closed. That's the system you never see on tv.) _________________ GTX: Great Teacher Xeno... my daily blog about teaching in an elementary and middle school in Japan (see right-menu)
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