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Everything posted by GuessAgain

  1. If the lights were still on, you don't move until they tell you to.
  2. All courts are bound by the rules of court. However, that's not exactly what the rule says. It provides: (1)The court must issue an order to show cause if the petitioner has made a prima facie showing that he or she is entitled to relief. In doing so, the court takes petitioner's factual allegations as true and makes a preliminary assessment regarding whether the petitioner would be entitled to relief if his or her factual allegations were proved. If so, the court must issue an order to show cause. First the petition has to show that the petitioner is entitled to relief, then the court looks at the factual allegations. If the court finds that the allegations even if proven wouldn't entitle them to relief, particularly if the facts wouldn't have changed the outcome, there's no relief. 99.999% of habeas petitions are denied in CA appellate courts.
  3. Private businesses reserve the right to refuse service to anyone and as long as it isn't because of the person's color or gender or religion, etc., it's perfectly legal. It sounds to me like you are/were making straw purchases and if not, the gun shop thought you were. They were perfectly within their rights to refuse to sell to you.
  4. When you walk up to a girl and offer her money for sex, that's soliciting prostitution. If she has sex with you for money, that's prostitution. Likewise if you pay the girl and someone pays you so he can have sex with the girl. That's facilitation prostitution and if you're making a profit, it's pimping too. When you are making a porn film, the actors sign a contract, are paid at least scale to act in the film and they agree to have sex or simulate having sex while being filmed. The industry and the participants are regulated particularly by the health department. However bad the production value, there is a script and a film crew, lighting, etc. It's considered acting and artful expression. The film is made for distribution for profit by the producers to people who want to see porn. There is a distinction and if you can't see it, I can't make it any clearer so you'll have to put your grand ideas in front of an attorney licensed in your state..
  5. GuessAgain


    See http://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident
  6. You didn't identify where you live which makes a difference. Not all states allow a minor to seek emancipation. With that said, those that do require a parent's agreement along with proof that the minor is completely financially self-supporting and not relying on the assistance of anyone, including government programs. You don't get emancipated because you want to move from a parent's home to a boyfriend's home....
  7. Prostitution is the bilateral trading of sex for money, while pornography involves the customer of an adult film paying money to watch other people have sex with each other, while receiving no sexual favors himself in return. The customer of pornography pays to watch, not participate. If he pays to participate, it's prostitution.
  8. My take is that the first code section you cited gives the cities the power that the second code section says they have if given permission so the ordinance is lawful and enforceable...
  9. She will likely have to petition the court to have the cops release the personal property that is not considered evidence of a crime....
  10. In criminal cases, a defendant found guilty at trial has the absolute right to appeal. The time to file the notice of appeal is usually short, 30 or less.
  11. You're argument appears to be that the court's evidentiary ruling was prejudicial. As to your question, the trial court has broad discretion regarding the admission of evidence. Since the enactment of Prop 8 truth in evidence, all relevant evidence is admissible (Evid. Code, § 351). Under section 352, "The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that itsadmission will (a) necessitate undue consumption of time or ( b ) create substantial danger of undue prejudice, of confusing the ssues, or of misleading the jury." Where the argument is that the ruling was incorrect or prejudicial, the standard is abuse of discretion. A trial court abuses its discretion when its ruling “falls outside the bounds of reason.” (People v. DeSantis (1992) 2 Cal.4th 1198, at 1226.) Understand that in a trial for speeding, the officer does not have to prove exactly how fast you were going. He only has to prove that you were exceeding the posted speed limit....
  12. http://www.courts.ca.gov/documents/cr141info.pdf
  13. Jgower, he will need a release from the cops to get the car out of impound before the 30 days is up. He can't just go to the tow yard to get it without that paperwork. Since he wasn't the driver but is the legal owner, the cops will give him a release. The trick is the cops charge a fee for that release and they require the signed acknowledgment that he won't allow an unlicensed person to drive his car or the next time, the car can be seized and forfeited.
  14. If this is in CA, he's looking at his license being suspended for one year by DMV no matter what the criminal court does...
  15. You can go down to the police department, show them proof that you have a license and insurance, and pay them a fee to give you a release of the vehicle. You will be required to sign and acknowledgement that if you allow another unlicensed person to drive the vehicle that it will be impounded and subject to forfeiture. With the release, you can retrieve your vehicle from the tow yard but you will have to pay them the towing and storage fees that have racked up since your son was stopped. The tow yard Is required to accept a credit card, if that helps. Consult local counsel.
  16. It could be but that is an issue for the fact-finder to decide at trial now...Your nephew needs an attorney. Didn't he tell his parents what happened immediately? If so, why didn't they instantly report the incident to the cops?
  17. The divorce gave him sole possession of the house. It's his house.
  18. Sir, no one gets paid to answer or reply to any posts on this site. We are all volunteers and only a few, including Legalwriter, are attorneys. You didn't pay to post and we voluntarily give of our time to try to help where we can even if it's just to tell a poster they need to consult a local attorney. Traffic matters are only quasi-criminal. There is no right to a jury trial for traffic matters in most states, including yours. Additionally, your state has not definitively decided what is or what isn't a speedy trial and if you didn't object to the case being continued, then you didn't assert it. As to the specific procedures in your state and in the particular court, as Legalwriter has told you repeatedly, you will have to consult local counsel.
  19. I've dealt with a lot of drug cases over the years. This story isn't the most incredulous I've heard, but it's made the top ten. As to the analysis of the son's story vs. how the science works in testing such substances, I agree with your conclusion. It is a complete and total fantasy and an incredible story that only a mother could or would believe.
  20. En banc is a French term meaning on the bench. A hearing is the formal examination of a civil or criminal cause before a judge according to the laws of a particular jurisdiction. When all of the judges who preside within geographic area covered by a court's jurisdiction gather to hear a case or matters related to a case they are said to meet en banc, that is, with the full authority of the court present. It refers to a case heard and decided by all of the judges of a court as opposed to judges acting individually. The U.S. Supreme Court always sits en banc.
  21. That code section applies to parking tickets only. The reason is the parking ticket doesn't have to be personally served on the driver nor does the driver sign a promise to appear at the time of the citation. Unpaid parking tickets can result in plates being suspended and the car being booted and/or towed. Thus, it is important that the information on the ticket be accurate. For a speeding citation, the ticket is simply a notice of the violation he/she is alleged to have committed and their signature on the ticket is their promise to appear on those charges. What car they were driving isn't relevant to whether or not they were exceeding the posted limit.
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