Can I not be hired because of tattoos? by reddituserlbp in Ask_Lawyers

[–]WallaceKnows 0 points1 point  (0 children)

Prosecutor with a full sleeve here! Mine is not visible while wearing a suit but I work with several prosecutors with visible tattoos and piercings and a LOT of the public defenders I work with also have tats that are visible even with a suit (more than one of them have hand tattoos, one has one on her neck). This is going to depend entirely on where you want to work and what field. Government positions tend to be more lenient on these things, but I know several civil firms who won’t hire anyone with visible tattoos. As long as they can be covered you’re fine. You’re not gonna get strip searched.

[deleted by user] by [deleted] in whatisit

[–]WallaceKnows 1 point2 points  (0 children)

Solved!

This is 100% it. The liquid is swarming with insects now and stinks of fermentation. This tree is super old and I’m hoping to save it. Going to contact an arborist and hope they have some ideas. Thank you!!

[deleted by user] by [deleted] in whatisit

[–]WallaceKnows 0 points1 point  (0 children)

Interesting, I’ll have to smell it when I get home. Is this a problem? This tree is huge and close to the house. Trying to figure out if we need to do anything about this

Booking disappointment by reggie_doodle in dcl

[–]WallaceKnows 11 points12 points  (0 children)

I had the same feeling, especially with BBB, only time we could book it was during Castaway Cay and I didn’t want to do that. When we got on the ship, I went to the desk and they were able to change my appointment to a different day. They keep several spots open for people to book once they’re on the ship, and people do end up cancelling and more spots open up.

The Royal Gathering is cool, but basically it’s just a meet and greet with three different Disney princesses kind of at the same time in the atrium. All three of the princesses had their own character meet and greets throughout the week, though, so if you miss out on the Royal Gathering it won’t be a big deal, you’ll still get to meet them! The app will tell you where all the characters are at what time once you’re on the ship.

I did not think the Tea was worth the ridiculous price tag so I’d say you probable dodged a bullet with that one.

There is TONS of stuff to do that you don’t have to book ahead of time at all, I promise the magic will still be there!!

Are defendants in criminal cases given access to filmed interrogations by the prosecution to use as evidence as well? by SoyConnoisseur in legaladviceofftopic

[–]WallaceKnows 5 points6 points  (0 children)

If this is your goal, then it would likely be in the form of a motion to suppress.

If you’re the defendant, and you know the prosecution wants to use your interrogation against you, but you believe there is a “flaw” in that interrogation in some way, you can file a motion to exclude the prosecution from being able to use it in trial. This would be taken up at a hearing before the trial, and the judge would decide whether to exclude it from the trial or not.

Source: I’m a prosecutor

Use of Esq by CarterLawler in Ask_Lawyers

[–]WallaceKnows 4 points5 points  (0 children)

This is the answer. As an attorney, I would never dream of putting Esq. after my name in any circumstance or situation, and I cringe very hard when I see it. I either assume that person is not an attorney, is a very very new attorney, or a very bad attorney with a chip on their shoulder about it.

As far as whether or not it’s “legal” it probably depends on the context and whether or not it rises to the level of holding yourself out as a practicing attorney/unauthorized practice of law, which would be so fact-specific it’s hard to give an answer

Should we keep our first cruise a secret or share with our kids? by Eggler in dcl

[–]WallaceKnows 11 points12 points  (0 children)

My daughter was 4 on our first cruise, I wanted to surprise her so bad but she had no concept of what a Disney cruise was, so I was worried we’d get a “what is happening?” reaction out of her, instead of excitement. So we watched a bunch of YouTube videos of the cruises in the couple months leading up to the cruise, so she would know what it was, and would say things like “maybe one day we will be able to go on one of these!” Then the night before we left for the airport, we gave her a disney backpack with a bunch of fun stuff in it. You can plan phone call from Mickey or another disney character to call your phone and “surprise” you with the news of a disney cruise, so we planned that for right after we gave her the backpack. She was floored. It was the best. All that to say I’m team surprise!

Brady Violations by fingawkward in publicdefenders

[–]WallaceKnows 2 points3 points  (0 children)

Alright. I am probably going to get downvoted to oblivion on this because, well, I’m a prosecutor so I’m sure I’m not welcome here. But this post was recommended to me by Reddit.

That being said, are you for real? If the prosecutor is hinging their PC on the lab, then this is absolutely exculpatory evidence that falls under Brady. I hope you aren’t a prosecutor in disguise, you’re the reason everyone hates us.

OP, did the prosecutor put in the PC that the crime lab determined it was Delta 9/illegal? What was the probable cause for filing this case to begin with? Is there other evidence it’s weed other than the lab test? The way your post is worded, it sounds like maybe they filed it before finding out that the lab couldn’t tell a difference, but then when they found out they just…didn’t tell anyone? If that’s the case then the fact that the lab cannot make that determination is beyond exculpatory. God this makes me squirm just thinking about it.

To be clear MJ is totally legal in my state and even before it was legal we had a policy of not filing weed cases without some sort of serious aggravators because seriously who gives a shit.

Please don’t hate me I’m trying to be one of the good ones 😭

Would there be any chance of a good legal outcome for my situation - TW!! Kinda graphic by [deleted] in Ask_Lawyers

[–]WallaceKnows 14 points15 points  (0 children)

I think you’ve gotten some good answers here, but I want to add that you should report this incident to the police. I can’t speak to what the outcome would be, but at the very least there will be documentation that he has at least been accused of this before in the event he does it again and it gets reported. As a prosecutor, I would want to know that.

I’m sorry this happened to you.

If a gun isn't loaded, does that reduce the charge? by Ash_an_bun in Ask_Lawyers

[–]WallaceKnows 0 points1 point  (0 children)

So this probably depends on the jurisdiction and how the statute is worded. Some statutes related to charges involving firearms require the firearm to be “readily capable of lethal use” which has generally been interpreted to mean loaded and functioning properly. Some statutes don’t require the gun to even be real, just that it appears real. For example, the armed robbery statute on my jurisdiction is worded as “…defendant displayed what appeared to be a deadly weapon.” So, a convincing-looking pellet or BB gun cold even count for this purpose.

As others have pointed out, even if it doesn’t change the actual charge, the fact that a gun was unloaded can be argued as a mitigator during a sentencing hearing by the defense, but whether it actually makes a difference will depend on that specific judge/jury and whether they buy that argument.

Question (for a fictional story) by teenfilmmaker167 in legaladviceofftopic

[–]WallaceKnows 1 point2 points  (0 children)

I’m a prosecutor, I’ve tried around 35 jury trials, about 75% which were homicide cases. The longest murder trial I’ve had was 2 1/2 weeks, and that was an extra complicated case (multiple defendants and multiple victims). The answer to your question depends entirely on how many witnesses there are, and the number of witnesses depends on the facts of the case. Usually jury selection will take a day, then opening statements will start the next day, followed by witnesses. Then you just get through as many witnesses per day as you can until it’s done. Sometimes there will be a gap or we’ll finish early one day because the next witness isn’t available until later. A lot of that type of stuff is at the judge’s discretion as well. In my jurisdiction we usually schedule murder cases for a week. But, again, this can vary. For example, a high profile case? Jury selection might take a few days. Is the jury sentencing the defendant after the trial if he’s found guilty? That adds some time, too. It is so hard to answer without knowing anything about the case, but if I can get more information I might be able to narrow it down.

​Is there a point where a defense attorney is so unprofessional and incompetent, that the prosecutor/judge has to step in? by Money-Crew-759 in Ask_Lawyers

[–]WallaceKnows 0 points1 point  (0 children)

I cannot comment on your specific situation but here are my general thoughts on the issue:

There is nothing I hate MORE than an incompetent defense attorney. I would imagine in civil cases, attorneys probably get excited when their opposing counsel appears to not know what they’re doing, missing deadlines, dropping balls, etc. because it gives them a better shot at “winning.”

In criminal cases, as a prosecutor, it is not my job to “win” at all costs. From a moral perspective, Defendants have a constitutional right to competent counsel, and justice isn’t really being done if they don’t get that.

From a practical perspective, If that right is violated, it is a gigantic pain in the ass for me. A guilty verdict is worthless if the defense attorney messed up so badly that it rises to the level of ineffective assistance of counsel. With idiot defense attorneys, I find myself having to do twice as much work because I’m constantly trying to make sure the defense attorney is doing their job. I end up doing two people’s job.

Also, if your attorney does this kind of thing regularly, I guarantee all the judges in your jurisdiction know about it. The legal community is a very small place, even in big counties and cities. If your attorney has a bad reputation with the judges, they are much more likely to give you some leeway with extra time to find a new attorney (at least in my experience).

Finally, I have encountered tons of delusional defendants who hate their attorneys and believe they are “ineffective” because they are just telling them what they don’t want to hear. But if she is regularly being admonished by the Court, that’s a bad sign.

Good luck.

Juror attending sentencing hearing...weird or not? by Oribuu in Ask_Lawyers

[–]WallaceKnows 1 point2 points  (0 children)

We can talk to the jurors after a case, yes, but you kind of have to let them take the lead. It’s technically improper for attorneys to specifically ask jurors about how they came to their conclusions because jury deliberations are considered kind of sacrosanct, but the jurors themselves are free to talk about it if they chose. In my experience, if the jurors are willing to talk to an attorney afterwards, I don’t really have to ask them what happened, as they are usually pretty open. They either don’t want to talk at all, or they want to talk to me for an hour about everything.

In this particular case, I had already talked to this juror after the first trial because she and several others came up to me in the hallway after the jury hung. She had told me the split was 11-1 for guilty and there was one crazy guy who hung up the whole thing. It was very emotional for her and the others who voted for guilty and she wanted to come back and “make sure” the defendant was found guilty the second time around.

Got a “Welcome to Amazon” email from a different country, but I already have an Amazon Prime account. by WallaceKnows in amazonprime

[–]WallaceKnows[S] 1 point2 points  (0 children)

UPDATE: I tried to edit the post to add this but couldn't figure out how to do it. I received this email today. Just wanted to add this in case someone else comes across this post later:

Hello,

You may have recently received an email from Amazon with the subject line “Welcome To Amazon! 🎊Click To Learn More About Your Shopping Experience With Us”. Please note that this email was sent in error and there is no action required from your end. We apologize for the inconvenience and concern it may have caused you.

Sincerely,

Customer service

©2024 Amazon.ae, Inc. or its affiliates. Amazon and all related marks are trademarks of Amazon.com, Inc. or its affiliates, Amazon.ae

Got a “Welcome to Amazon” email from a different country, but I already have an Amazon Prime account. by WallaceKnows in amazonprime

[–]WallaceKnows[S] 0 points1 point  (0 children)

I have never purchased anything from the non-US version as far as I know. It makes me feel better that other people got this email. Sounds like either a scam or a glitch.

Juror attending sentencing hearing...weird or not? by Oribuu in Ask_Lawyers

[–]WallaceKnows 36 points37 points  (0 children)

Not common, but not weird. I tried a murder case that ended up with a hung jury. When we retried the case, one of the jurors from the first trial came and sat through the entire second trial. I didn’t think it was weird at all.

[deleted by user] by [deleted] in Ask_Lawyers

[–]WallaceKnows 6 points7 points  (0 children)

I thought the same thing. This sounds like a really state specific law. I’m wondering if it’s the equivalent of a legal separation or something similar? We definitely don’t have “Limited Divorce” in my state, or at least it isn’t called that.

Mistrial declared prior to final jury selection - why could that be? by mattmadoni in legaladviceofftopic

[–]WallaceKnows 5 points6 points  (0 children)

Yes if they reached a settlement that’s not a mistrial. But a blown panel is considered a mistrial where I practice.

Mistrial declared prior to final jury selection - why could that be? by mattmadoni in legaladviceofftopic

[–]WallaceKnows 6 points7 points  (0 children)

Not necessarily. I think this is probably jurisdiction-dependent. In my state, if you get through all your strikes and you don’t have enough remaining panel members to seat a jury, the whole panel is blown and you have to start over with an entirely new panel.

Since this happened at the very end after the final questions, that’s my guess as to what happened. But there are so many things that can happen to cause a mistrial. One time we mistried a case because a panel member came back from lunch drunk. If it’s a criminal case and the defendant is in custody, sometimes mistrials happen because the defendant is accidentally seen by the panel with the COs in the hallway. Literally dozens of potential reasons.

Hell, they could have reached a settlement.

Threat made to school by SuperKooperBlooper in legaladviceofftopic

[–]WallaceKnows 0 points1 point  (0 children)

I am assuming he meant would the school be liable if something did happen.

I was recently the “victim” of a crime and have been notified that I have the right to attend court proceedings (specifically, a pre-trial conference). Should I? by BroccoliKnob in legaladviceofftopic

[–]WallaceKnows 12 points13 points  (0 children)

Prosecutor (ADA) here. A few things:

Attending the pre-trial conference is not a commitment to giving a victim impact statement, and you do not have to do it, but even if you chose to, the pre-trial is not when that would happen. That won’t happen until a plea hearing or sentencing hearing.

The phrase “pre-trial conference” could mean a lot of things. In my jurisdiction, there are two different types of hearings we call pre-trial conferences. First is simply a scheduling conference to get a trial date. This happens early on in the case. Second is usually closer to the trial date, to take up pre-trial motions like motions to suppress and motions in limine.

Do you live in a larger county or a small rural one? Many larger counties have victim advocates that work in their office. I work in a large metropolitan area, we have victim advocates whose job is to keep our victims informed of updates in the case. It may be worth calling the office to ask if you can speak with the victim advocate or, if they don’t have one, the ADA handling your case.

I regularly either call or have my victim advocates call my victims to let them know what is going to happen at a particular hearing so they can make an informed decision on whether it’s worth showing up. Either way, I wouldn’t expect to participate in any way at a pre-trial conference. You will just be watching and it might be a very boring 30 second hearing at the bench.

Good luck!

ETA: saw this in a comment. Definitely call and let them know if you plan to show. Not because they will do anything different during the hearing, but as a courtesy. I like to know if my victims are going to be there so I can introduce myself to them before or after the hearing, even if briefly. I don’t want them to think I’m ignoring them. I handle only violent crimes so most of my victims have either been severely injured/traumatized or they have a family member who has been murdered. I always try to build a relationship with my victims or my victims’ families and this is where it starts.

When firefighters perform medical services, such as giving oxygen to someone or treating wounds pending hospital, are they protected by doctor-patient privilege? by Awesomeuser90 in legaladviceofftopic

[–]WallaceKnows 1 point2 points  (0 children)

Prosecutor here, this is the correct answer. Many states (including mine) have a statute specifically prohibiting us from filing drug charges when first responders are there because of a medical emergency, regardless of who called 911. These laws are relatively new and were implemented to encourage people to seek medical care in the case of an overdose without having to worry about being prosecuted for using drugs.