legalfiction677

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About legalfiction677

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  1. Bond is not considered a "Fundamental" right to the U.S. Constitution,but generally, in most cases it will be allowed.Still,as a result of this fact,Judges have wide discretion,taking numerous factors in determining whether to grant bond,and if so,in what amount. That said,in your husband's case,if for not any other reason(s,) the fact that he caught a fifth DWI,while out on bond for a fourth one,a major factor in the bond decision,but more importantly,the prosecution will contend,that he is a "danger" both to himself,and the community,due to inability to control his driving while intoxicated.I wouldn't expect anything good in his favor to come out out of this last incident.
  2. Mam,I am really sorry that you have been going through such a needless ordeal,and what you have described is a terrible nightmare for both you,and your son,but something all too common,bullying.Schools now days,well,really for years have been "war zones,"and worse than it ever used to be.The impact it has on a child goes far beyond just the physical,but Psychologically as well. You should definitely consult with an attorney,but here are some things that will go a long way towards any legally liability in the event you do have a sustainable lawsuit.Every school system has a "School Superintendent,"though,that title might vary,depending on locale.He/She,oversees the public school system,so,if you haven't talked with the S.S.,that should be your next step. Also,school systems have "Administrative Remedies," such as formal complaints that can be filled which result in a hearing where a formal decision is made on your complaint.If that decision is not to your satisfaction,you may have the option to appeal it to the next level.If the decision made at the next level does not resolve your complaint,you can then pursue legal action within the courts,after speaking with an attorney.You usually have to exhaust all you administrative remedies,before a court with entertain a lawsuit,and infact,any such suit can be dismissed for failure to exhaust those remedies. The next thing is while you are doing these things,you need to gather as much documentation and information as possible on everything you have done to up to this point,including phone calls,visits,with the principal,school board,doctors reports,etc,and have all that available for an attorney to look out. I sure hope this helps,and you can results very soon.
  3. Thank you Doucar,I have very fortunately never had to deal with that situation,but just knowing something about it can help someone else who has.Old threads like this can still serve a useful purpose.
  4. I'm just curious,adjusterjack,Does insurance companies do that on a first offense DUI for habitual offenders?I do understand the government has to get tough on DUI offenders as it is such a widespread problem,and they should,but all of that would seem pretty harash for a first offense.
  5. No,first off,I am a member of this site just as you are,just as any member who registered an account 5 minutes ago or 5 years ago.So,you do not as a fellow member who doesn't own this site and has no authority to dictate to me or any other member for that matter what threads I decide to post too or even the content that I choose to post on those threads. Second,the OP may still be viewing their created threads either out of curiosity or may still need the advice as their situation is still an ongoing one,something that you don't know,But in either case,it still none of your business,and you have no authority here. Lastly,My advice to Nancy-JeanK was to contact her local bar association,and if she lives in a major city,population wise,while they may not have any disciplinary authority,they as you mentioned,would refer her to her state bar agency. The bottom line here,is the advice with regard to everything else was/is definitely on-point,and the latter advice,while not right,was with good intentions to just give her another option to check into.The goal of this forum,and intentions of it's members should be to help others with their legal questions if they have advice that is accurate,and worth given. You sir/mam ,should understand that,and respect fellow members,such as myself,and keep your petty,and unwelcomed comments to yourself.Also,you don't need to be looking at all my posts with bad intentions to post your ill remarks against me.I believe,I'll placed you on my "ignore" list now.
  6. I would think that the terms of the agreement that you signed when you hired him would spell out everything that $15,000 fee was for.For instance,if he agreed to take your case,and the agreement was to do all the investigation,pre trial proceedings,and finally,represent you in court at trial,then he has to fulfill that agreement or face a lawsuit himself for breech of contract.You should also contact the local bar association in your town and file a complaint.Best of luck to you.
  7. Deranged,Really,if you look closely at subsection (2),it clearly answers your question,but a simple call to the sheriff's department,talking to a supervisor would resolve any doubts you may have about the matter.
  8. First off,forget about probable cause for a minute,an officer only needs reasonable suspicion to detain you,but briefly while they do an investigation to determine if you have committed or about to commit a crime.At the time they stop you,you have no idea what information they are relying on to detain you,and as previously mentioned,they don't have to tell you,They can also do a "Terry Search,"(pat down) to determine if you have any weapons on you,and it's completely legal. The reasonable suspicion standard of the Fourth Amendment,has never been fully defined by the Supreme Court,except that it is a lower standard than probable cause that is needed to make an arrest. Taken all of the above into account,it seems to me,that after they got a call about a fight in the area,you just happen to be caught in the "crossfire" of the police's hairs,when they came out in response to a report. I have to say though,something from your story seems to be missing.Why would officers walk to the back of your friend's apartment,on private property,unless they have a "legal right" to be there,and in order for them to have such a right,they would need atleast a "reasonable suspicion to do so.So,my question is,What exactly wha it that lead them to the back of your friend's house?
  9. Laws are different in every state,but all have some version of a self defense law that if you are attacked,"unprovoked",not being the aggressor,then you have a right to defend yourself,and use "reasonable force"The video should clearly show who was the aggressor,and if in your favor,you want it in court as evidence to assert your claim of self defense. On a side note,I want to say,I had an accident where I was arrested for disorderly conduct for defending myself against this other dude who provoked the whole thing,but this young,fresh out of the academy,prick of a police officer,didn't want to know anything about what happened,he just wanted to take someone to jail.Well,it was his choice,but a more seasoned officer does a better job of investigating incidents before deciding to lock someone up.
  10. Gaemployee.From everything your saying,it does seem a little harash. Since Ga has decided to make a crime out of speeding,I'm guessing the statute also includes some possible jail time,like maybe 30 days.Anyway,I don't quite understand how your charged under the "Super Speeder Law,"if the statute specifies you have to be going over 75-85 mph on different lane roads.Just seems to me,Georgia has found yet another way to make money off of it's citizens in the name of "public safety.".I would definitely consult with an attorney,good luck.