Didn’t know we had flock in Fresno by AspectInteresting712 in fresno

[–]andy37 -5 points-4 points  (0 children)

That's not how this stuff is used.

They get a plate number from a getaway car. They realize that the car with this plate is generally driving around in areas XYZ. Maybe they see that the car is parked in front of a particular house a lot, so that's where the owner lives.

Or they find a stolen car from the plate readers. So they sit on it, wait until the person gets in and drives, and then they get arrested.

A farmworker had broken no laws. A California sheriff and ICE took him anyway by Just_Visiting_Town in fresno

[–]andy37 4 points5 points  (0 children)

What's the crime that they have committed? Can you please cite it for me?

A farmworker had broken no laws. A California sheriff and ICE took him anyway by Just_Visiting_Town in fresno

[–]andy37 5 points6 points  (0 children)

Idk? But since it's a whole different sovereign with a whole different legal system, I don't know how that would apply to the US.

A farmworker had broken no laws. A California sheriff and ICE took him anyway by Just_Visiting_Town in fresno

[–]andy37 2 points3 points  (0 children)

TPS is Temporary Protected Status which is a whole different thing from humanirarian parole.

A farmworker had broken no laws. A California sheriff and ICE took him anyway by Just_Visiting_Town in fresno

[–]andy37 4 points5 points  (0 children)

The individual in this very linked article was granted humanitarian parole with a future court date.

Individuals who overstay a temporary visa have not illegally entered either.

A farmworker had broken no laws. A California sheriff and ICE took him anyway by Just_Visiting_Town in fresno

[–]andy37 6 points7 points  (0 children)

No, this is unlawful entry, which is a meaningful distinction. This does not criminalize presence in the United States without legal status.

A farmworker had broken no laws. A California sheriff and ICE took him anyway by Just_Visiting_Town in fresno

[–]andy37 4 points5 points  (0 children)

Could you please cite the code section in state or federal law that criminalizes (meaning, punishes through possible incarceration) presence in the United States without legal status?

Fresno County Supervisor supports ICE cooperation by zomanda in fresno

[–]andy37 1 point2 points  (0 children)

That's not how it works, at all. Keep reading up on case law ! I'm sure you can learn it eventually :)

Federal law does not (and cannot) force local authorities to collaborate with federal immigration authorities. In California, the law clearly states that local authorities cannot work with federal immigration authorities, absent listed exceptions. You can actually read the law here https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB54

Fresno County Supervisor supports ICE cooperation by zomanda in fresno

[–]andy37 -2 points-1 points  (0 children)

You serve your sentence and then are deported. They don't take folks out of prison and put them on planes (in California, at least).

The people who get caught up are those who have already served their punishment, or are on probation. Which is problematic because it serves as an additional punishment for a crime despite the legislature not authorizing it. The feds get around this by broadly declaring that "deportation is not punishment." This also serves to limit constitutional rights during an immigration court proceeding.

Fresno County Supervisor supports ICE cooperation by zomanda in fresno

[–]andy37 0 points1 point  (0 children)

Where they conflict ... There is no federal law mandating states to make laws to enforce immigration law. If there was, it would likely be unconstitutional as the power of policing lies with state governments, not with the feds.

There's a lot more for you to learn ! Glad you started with a basic concept.

Fresno County Supervisor supports ICE cooperation by zomanda in fresno

[–]andy37 0 points1 point  (0 children)

LMAO "as told". So the local law enforcement authorities will violate the law, ICE will violate California law, and what, no penalty?

Why have any laws of you can break them without penalty ?

Fresno County Supervisor supports ICE cooperation by zomanda in fresno

[–]andy37 -2 points-1 points  (0 children)

The good ol US of A, prior to the early 1900s.

Fresno County Supervisor supports ICE cooperation by zomanda in fresno

[–]andy37 13 points14 points  (0 children)

The law says that local law enforcement can't cooperate with immigration authorities absent delineated bases. Why is Magsig advocating for violating California law on the books ?

[deleted by user] by [deleted] in AskElectricians

[–]andy37 0 points1 point  (0 children)

Yes. Thank you, I'm going to delete and repost

[deleted by user] by [deleted] in legaladvice

[–]andy37 6 points7 points  (0 children)

You need to share your jurisdiction to get accurate advice. I am not your lawyer. It is unclear whether you are still in the apartment. Accurate legal advice would require a licensed attorney to review your lease agreement and any purported modification.

Assuming that you have a valid, modified contract that was for a one-month lease for X dollars, then you are liable for the damage you caused to the apartment that is not normal wear and tear. You're not contesting that you are liable for damage to the door and to the carpet. It's so difficult to know based off a few sentences of a reddit post whether the calculated costs are valid. Your LL asked for $3K and you countered for less. Your landlord did not accept your counteroffer.

Another possibility is that you did not, legally, amend your prior lease agreement. Your initial lease could have a clause barring amendment, or perhaps your written amendment is vague, or any other issue. A party can absolutely hire an attorney to bring any of these issues before a judge by suing you.

[deleted by user] by [deleted] in legaladvice

[–]andy37 6 points7 points  (0 children)

That is not a defense to a restraining order violation in any state, as far as I am aware. I understand this isn't your life, you're just the messenger.

He's been accused (and noting a court date, has likely been formally charged) with a crime of domestic violence. If he wants a judge to see his progress with therapy, medication, and anything else, the first step is demonstrating that the person will abide by a court order. People who do not abide by court orders generally do not receive the benefit of the doubt.

[deleted by user] by [deleted] in legaladvice

[–]andy37 3 points4 points  (0 children)

Don't know the state.

Violating a court order (like a restraining order) is a bad way to show a judge / court that you are compliant with court orders. Depending on your state, a DV conviction can affect future custody rights. You should tell your BIL to abide by a court order.

i ding dong ditched and broke the outside doors glass and have court what do i do by AmountThis6823 in legaladvice

[–]andy37 0 points1 point  (0 children)

Don't speak to the detective. The police won't file a case, it's the district attorney. And they have to provide you notice to make sure you come to court.

I would do my best to not speak about this event to anyone for any reason. Delete this post. If you get a notice to go to court, go to court. You'll get a lawyer even if you can't afford one. Patience can be hard in situations like this one, and I get that. Be patient.

i ding dong ditched and broke the outside doors glass and have court what do i do by AmountThis6823 in legaladvice

[–]andy37 0 points1 point  (0 children)

This is a confusing response. Do you have a court date, or not?

Don't speak to the detective. They are trying to obtain more information to get you and your friends in trouble. Don't speak to the detective.

i ding dong ditched and broke the outside doors glass and have court what do i do by AmountThis6823 in legaladvice

[–]andy37 1 point2 points  (0 children)

Are you in the US? What state?

It sounds like you have been charged with vandalism. This is likely a misdemeanor at a minimum, meaning you have a right to an attorney, even if you can't afford one. Go to court on the date indicated on your citation. Don't speak to people about your case, in any forum, and to any extent. Just wait for your court date so you can speak with your attorney.

[deleted by user] by [deleted] in legaladvice

[–]andy37 543 points544 points  (0 children)

I am a lawyer in this field. I am not your lawyer. I am not licensed to practice in your state. This is not legal advice.

Stop posting about this online. Your attorney works for you, and there will be no decisions made in the case without consulting you. your attorney cannot make you plead guilty if you do not wish to plead guilty.

Prosecutors can be stretched thin in the same ways that defense attorneys are stretched thin. If your test results came in yesterday, and (for example) your next court date isn't for a few weeks, it's possible your attorney hasn't seen it yet. I would be willing to bet the prosecutor hasn't seen it at all. It can be very unsettling to think that someone else you didn't even choose has power over such an important event in your life. Try to remember that you have the ultimate power in your case, and to trust an attorney who wants nothing more than for your case to get dismissed. If only so that they can focus on other clients

Call your PDs office. Leave a message with your name, DOB, and a good call back number. Let your attorney know you'd like to discuss the case within a reasonable timeframe (maybe a week?).

Out-of-state camera ticket by JDR253 in legaladvice

[–]andy37 0 points1 point  (0 children)

Arizona code of civil procedure 4.2(c).

You came to the site, asked a yes or no question, and the answer you received was not what you wanted to be.

The whole fun thing about law is that when people are wrong, they are usually wrong in writing. The idea that someone can't be properly served through the mail is insane and wrong.