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  1. The law states that groups A B or C are exempt for reason Y. Clearly, the intent of the law, as written, is to allow police the use of unmarked vehicles for undercover or special investigations, and those purposes ONLY. Anyone who paid attention in 4th grade during sentence diagramming can clearly see this. So, unless you are the subject of an ongoing undercover or special (which could have broad meaning but does not encompass a split second decision to pull you over or not pull you over for a traffic violation) investigation and you are pulled over by ANY police officer who is in an unmarked car (and, the standards for "marking" are clearly called in the statute as well, and lights and a grill commonly used by police do not meet the standard), THAT OFFICER IS ACTING UNLAWFULLY (this is stated at the beginning of the statute). I would not cooperate with the officer, which could lead to my arrest, but that would give me an immediate chance to fight the unlawful behavior by the officer. Now, am I guaranteed a win in court? No, but should I be granted a probable cause hearing by a judge who is fluent in English and has some modicum of respect for the law, I should easily find my motion granted and the case dropped. The real trick would be convincing the judge to then issue a warrant for the officers arrest (unlawful detainment among other things). I don't think my chances here would be more than 1 in a metric **** ton, but I would remind the judge how many times I've been told that ignorance of the law is not a defense, and that illegal is illegal no matter who perpetrates the crime. I'm pretty sure I'll get laughed out of court as the prosecutor has his or her tail between their legs, having been quickly bested by someone without a bar card, but with some sense of satisfaction that I was mocked on my way out of court. At least that's what's happened the 3 other times I had cases dismissed in motions court, pro se. I swear, lawyers are great with procedure and sometimes their familiarity with the judges and clerks has value, but they are the only people who know less about the actual law than I do.
  2. So custodial parent went and filed with DCSS instead of filing contempt. Custodial parent claims arrearages ( which are false/ I have all pay receipts ). Per DCSS I have an opportunity to object to this at which I believe a hearing will be scheduled to contest this amount as well as what DCSS is claiming. DCSS is claiming child support will be the $1168 a month and not the step down amount of $988. If judge finds in my favor is there any possible ramifications / sanctions to custodial parent for filing this false arrearage?
  3. What exactly does a bond forfeiture hearing consist of?
  4. It could be either, depending on the the particular circumstances of who did it and what, if anything, that person did with the videos. ===================== SECTION 16-17-470. Eavesdropping, peeping, voyeurism. (A) It is unlawful for a person to be an eavesdropper or a peeping tom on or about the premises of another or to go upon the premises of another for the purpose of becoming an eavesdropper or a peeping tom. The term "peeping tom", as used in this section, is defined as a person who peeps through windows, doors, or other like places, on or about the premises of another, for the purpose of spying upon or invading the privacy of the persons spied upon and any other conduct of a similar nature, that tends to invade the privacy of others. The term "peeping tom" also includes any person who employs the use of video or audio equipment for the purposes set forth in this section. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three years, or both. (B) A person commits the crime of voyeurism if, for the purpose of arousing or gratifying sexual desire of any person, he or she knowingly views, photographs, audio records, video records, produces, or creates a digital electronic file, or films another person, without that person's knowledge and consent, while the person is in a place where he or she would have a reasonable expectation of privacy. A person who violates the provisions of this subsection: (1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three years, or both; or (2) for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not less than five hundred dollars or more than five thousand dollars or imprisoned not more than five years, or both. (C) A person commits the crime of aggravated voyeurism if he or she knowingly sells or distributes any photograph, audio recording, video recording, digital electronic file, or film of another person taken or made in violation of this section. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be fined not less than five hundred dollars or more than five thousand dollars or imprisoned not more than ten years, or both. (D) As used in this section: (1) "Place where a person would have a reasonable expectation of privacy" means: (a) a place where a reasonable person would believe that he or she could disrobe in privacy, without being concerned that his or her undressing was being photographed, filmed, or videotaped by another; or (b) a place where one would reasonably expect to be safe from hostile intrusion or surveillance. (2) "Surveillance" means secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person. (3) "View" means the intentional looking upon of another person for more than a brief period of time, in other than a casual or cursory manner, with the unaided eye or with a device designed or intended to improve visual acuity. (E) The provisions of subsection (A) do not apply to: (1) viewing, photographing, videotaping, or filming by personnel of the Department of Corrections or of a county, municipal, or local jail or detention center or correctional facility for security purposes or during investigation of alleged misconduct by a person in the custody of the Department of Corrections or a county, municipal, or local jail or detention center or correctional facility; (2) security surveillance for the purposes of decreasing or prosecuting theft, shoplifting, or other security surveillance measures in bona fide business establishments; (3) any official law enforcement activities conducted pursuant to Section 16-17-480; (4) private detectives and investigators conducting surveillance in the ordinary course of business; or (5) any bona fide news gathering activities. (F) In addition to any other punishment prescribed by this section or other provision of law, a person procuring photographs, audio recordings, video recordings, digital electronic files, or films in violation of this section shall immediately forfeit all items. These items must be destroyed when no longer required for evidentiary purposes. HISTORY: 1962 Code Section 16-554; 1952 Code Section 16-554; 1942 Code Section 1192-1; 1937 (40) 478; 1993 Act No. 184, Section 99; 2000 Act No; 363, Section 1; 2001 Act No. 81, Section 14.
  5. I am indigent. In a felony case, Judge approved application for public defender. Then when friend posted 2500 bond she took away the PD and said if I dont hire lawyer bu next hearing she will put me back in jail. Also, I live in Okla and judge is making me stay in wyoming for no stated reason. Neither one of these restrictions seem to meet constitutional muster. Help. Please advise.
  6. My husband plead guilty to two separate charges. One charge was criminal domestic violence in the first degree, which he was sentenced to five years suspended to 18 months of home detention, and the second charge of domestic violence in the second degree, he was sentenced to three years suspended to 18 months of home detention with one year of probation, as well as no contact with me, the victim, unless it involved our two children. And the sentences were ran concurrent. After getting him out on home detention, 5 days later he was arrested on a violation of the home detention, for going to the store too many times. When he goes back in front of a judge will they give him the original sentence before the sentence was suspended, which was five years for one charge and three years for the other charge, or will he most likely just have to go to prison for the 18 months that he was given for the home detention?
  7. Unfortunately for me, the hearing loss, while overall fairly mild, is complex. One ear is noticeably worse than the other, and in both ears the hearing loss is not uniform across all frequencies. In lower frequencies there is little loss, but it's more severe for higher frequencies and it varies from one frequency to another. As a result, getting a hearing device that boosts all frequencies, as I understand the over the counter ones do, would make the frequencies I don't help with too loud, with the potential risk of actually damaging the hearing at those frequencies, in order to make the frequencies I do need help with better. They had to do a fair bit of testing and tuning to get the hearing aids right. Now, admittedly I could have saved some money by buying one of the models with fewer features, but after seeing how much I might have to fiddle with those to change settings I realized that wasn't ideal. I wanted them to switch modes for different situations automatically. I also didn't want to have to carry extra batteries around, so I got one that was rechargeable instead. The ones with replaceable batteries only give you about 30 minutes warning before the batteries die. A lot of the time that wouldn't be a problem, I suppose, but being in the courtroom and having to change batteries in the middle of a trial or hearing would not be great. 😮 Same sort of problem with the glasses. Off the rack reading glasses won't do me any good. I read books and letters just fine with no aid. But I need glasses with mild correction for seeing the computer screen, and yet a different set of glasses with more correction for distance. I'm at a point where I may need to get one pair of bifocals for driving. Since my dashboard is a computer screen (which lets it do all kinds of cool things) I'd need a combination of my computer glasses and distance glasses.
  8. If you ever need to replace them check out "Personal Sound Amplification Products" -- there are some that don't work at all - you don't want those, but there are others, e.g. Bluetooth devices, that work just as well as hearing aids particularly for mild hearing loss, but are waaaayy less expensive because they are not regulated and not customized like hearing aids are. The analogy would be like getting "readers" off the rack at the store instead of getting customized prescription eyeglasses. They may not help with complex or more severe hearing/vision issues, but for mild and not disease related amplification needs, both work great for a lot less money. 😊
  9. the opposing party filed a motion hearing regarding a motion to tax costs on my filing of a memorandum of costs. The judge recused himself and the hearing date was vacated. I was told by the court that I needed to refile my cost memorandum with the name of the new judge, which I did. But the opposing party did not respond or refile the motion to tax costs or reschedule a hearing till after the judge signed a judgment in my favor, 45 days after the hearing date was vacated. A new hearing date was scheduled 22 days later. Now the judge has reduced the judgment after the opposing party filed late. Was the court wrong in telling me that I had to refile my memorandum of cost? Should the original memorandum of cost and motion to tax be carried over to the new court? How long should the opposing party be allowed to wait, before rescheduling the motion hearing? It seems like had I not refiled my memorandum of cost, the opposing party could have delayed filing indefinitely and the memorandum of cost would have never been considered. Thank you.
  10. I qualify for The Energy Employees Occupational Illness Compensation Program Act that was effective 7/31/01. I recently participated in The Building Trades National Medical Screening Program in Knoxville TN. One of my diagnosis was Noise Induced hearing loss? I would like to know if Permant disability or permanent partial disability is covered under work comp. in TN? If so, what is the process to file, time frame to complete claim & receive comp? I am also curious as to the amount of the check. I assume this payment will continue until I passaway, correct?
  11. I can attest to that. My husband has had approximately 50% hearing loss for most of his life - we're not sure if he's ever had normal hearing. We couldn't afford the prescription hearing aids until this year, when our insurance added the coverage. So for years he's been depending on those personal sound amplification products and while not as good as the prescription ones, they did at least allow us to lower the television volume a bit.
  12. She is resisting what she needs to accept: that the body does start wear out with age, just as cars and other things do. And it is not just age that leads to these problems. Devices like canes, wheelchairs, walkers, and hearing aids are not just for the really old. Anyone may have to use them. Check out this site that has photos of 9 celebrities photographed using canes, none of them elderly. Two had the canes for costumes, but the rest were using them after injuries. One of them was an injured Brad Pitt. If Brad Pitt doesn't mind being photographed with a cane, no one else should be too worried about what they look like with one. Perhaps that might help her look at it differently? I recently got hearing aids. I at first thought of them as something for the really old, too, and I'm not all that old. But then realized that I should just see them as no different than eye glasses — some people, regardless of age, benefit from them and if it helps then I should use them. My hearing loss is not severe, in lots of situations I could do without them reasonably well. But they certainly do help me hear things I would otherwise miss. It's silly to not use them out of some sense of vanity. My only real complaint is that they cost so damn much and insurance doesn't cover a penny of it. 😝
  13. Dude, you aren't helping your case any. They did nothing at all that justifies your criminal behavior against them. This was not an illegal detention. You were a patient. You hadn't been released as you were still there. You had given permission to speak to your brother and hadn't revoked consent. If you were not in a capable state to do so, your revocation would be meaningless anyway. The guard probably looked concerned as you were spouting nonsense. You weren't in the middle of a boxing match, you were presumably leaving with your brother so there was zero reason for you to say anything let alone punch anyone.
  14. I was seeking mental health treatment in a in patient facility, resident for almost 2 weeks. I made a request for a treatment plan with a discharge date with the nurse practitioner and was refused. Next day,I again requested a discharge date with a rough draft treatment plan and supporting claims. Again denied and I mentioned requesting AMA if I wasn't given a plan for treatment soon. NP stated I looked manic, I admitted to feeling anxiety over the issue. She left to speak with the psychologist (I hadn't met) only to return and state that if I filed a request they would hold me involuntarily and move me to the acute wing. I was very upset by the threat and retreated back to my room and layed on the bed reading for a couple hours. The next day the N.P. calls me into her office and tells me they overdosed my meds and it was best for me to stay at least 2 more days to balance the chemicals. I agreed. The following day a Friday. I was told I was being discharged, went to fill my prescriptions and was informed my insurance dropped me that day. Could the N.P. a/o Dr. a/o facility be sued for discharging me knowing I was without medications/insurance? Insurance approved the in patient stay and Bills incurred but stated I failed to return a form, mailed to my house, during my hospitalization. Could the insurance company be sued for cancelling my policy knowing I did not have access/ ability to perform such a request at that time?
  15. Because the hearing aid microphones are actually more sensitive at picking up sound than the normal human ear I now hear things I would never have heard before even before my hearing loss. It is amazing what technology can do. Some day we'll all have electronic ear and eye implants to allow us all to see and hear things our natural ears and eyes can't do.
  16. Sir/Madam: I am being evicted from my deeded/owned Condominium. I am the defendant. The Plaintiff and I were given a date to select jury and a date for a jury trial. This was the order of the bench judge on the last hearing date. The Plaintiff has now filed for a "Summary Judgment" before the jury trial and the went to court again, unbeknownst to me and got an order for me (defendant) to answer the Summary Judgment pleading prior to the jury selection and trial. Once the judge had issued the order for a jury trial & given each litigant paper instructions of the required proceedures & exhibits, etc. for the jury trial, how then can the Plaintiff go before the judge behind my back & file and plead for a "summary judgment"? and get an order demanding I respond the pleading before the jury trail... which now seems to be moot.??? Is this legal??? Please respond ASAP, Thank you, M. Ivory Do I have to go to court to re-instate with an order, the jury trial??
  17. We are currently working with dcs because mom is playing such a game here. Hoping her being few months from 18 and working a decent job will help matters. Mom is even trying play games as she's delinquent juvenile After giving her permission right in front of officers to go somewhere else. She's currently in my home because when mom insist she goes home. Law is called in less than an hour and I am called again to pick her up.
  18. There are more steps. Arraignment, preliminary hearing conference (which could be called a pretrial) where the hearing is confirmed or set over to another day. After the preliminary hearing, if the defendant is bound over, there is an arraignment on the information within 21 days. THEN at that arraignment, the matter would be set for trial and there would be a date set as the last day for pretrial motions such as suppression or to set aside the information. Motions to suppress evidence are NOT run at an arraignment. It's required that a formal motion be filed and the DA served at least 10 days before. They can be done during the preliminary hearing with 5-days notice to the DA. Otherwise, it's done separately after the defendant is arraigned on the information. Note that in CA, if the court dismisses after suppressing evidence, the DA can refile the case and get another hearing on the suppression issue and they can also appeal the ruling.
  19. We are currently working with dcs because mom is playing such a game here. Hoping her being few months from 18 and working a decent job will help matters. Mom is even trying play games as she's delinquent juvenile After giving her permission right in front of officers to go somewhere else.
  20. So would I. But I don't see how it would be much different than baseline hearing tests that OSHA requires in some cases.
  21. If you and your husband have been separated for more than a year and there are no issues of property, spousal support, custody and visitation of the existing child, I suspect you can get a divorce very quickly. South Carolina requires the partners to discuss reconciliation with a master or referee. However, that can happen very quickly if the referee cooperates. I have not practiced in South Carolina but in Virginia I have been able to get a divorce for a client in 24 hours.* To do so you will certainly need the assistance of an attorney who knows the clerks, judges, referees, and sheriff so the preparation of the necessary documents by the lawyer and the clerk, service by the sheriff, referral to a commissioner, master or referee, hearing of the case, preparation of the report, and entry of the final decree can be expedited. Of course your husband will be required to cooperate fully. Expect to pay the attorney handsomely for stopping all other work and walking everything through for you. If the birth is not imminent you can proceed at a more leisurely pace. Good luck. _________________________________________________ *The gentleman was due to get married on Saturday and it occurred to him ,on Wednesday, that he had forgotten to get divorced from his first wife. His first wife was glad to see him go.
  22. Hello, this is in the state of California. Pursuant to Cal. Evd. Code, sections copied below, I am curious on if polygraph results would be allowed as evidence in a civil case by the plaintiff who wants to substantiate her allegations as set forth in the case? 351. Except as otherwise provided by statute, all relevant evidence is admissible. 351.1. (a) Notwithstanding any other provision of law, the results of a polygraph examination, the opinion of a polygraph examiner, or any reference to an offer to take, failure to take, or taking of a polygraph examination, shall not be admitted into evidence in any criminal proceeding, including pretrial and post conviction motions and hearings, or in any trial or hearing of a juvenile for a criminal offense, whether heard in juvenile or adult court, unless all parties stipulate to the admission of such results. ( Nothing in this section is intended to exclude from evidence statements made during a polygraph examination which are otherwise admissible.
  23. You reported the incident to the police. They arrested her. If the case goes to trial you will probably receive a subpoena ordering you to appear and testify. If you recant you can be arrested for filing a false report to the police. If you do not appear for the hearing you can be arrested for contempt of the subpoena, which is a court order. Neither the police nor the judges are happy about lovers using their powers because of angry outbreaks. Yes you should tell the girl's boyfriend about the photo.
  24. When I first got my hearing aids I was amazed at the sound of my feet on gravel, the sound of the wind, and peeing sounded like Niagara Falls.
  25. My husband was the same way. In fact, his hearing impairment sounds similar to yours, Tax. However, while they certainly didn't do the same job the prescription ones do (he's still exclaiming over things he's never heard before, like keys tapping on the keyboard) the OTC ones were still sufficient to improve the overall experience. I can't use readers either; my one eye is 20/20 and the other is 20/400. (Yes, that reads twenty-four hundred)
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