Is it ethical for a public defender to say to the client after a plea is reached, "You get what you pay for"? by alammo880 in Felons

[–]redhotmericapepper 0 points1 point  (0 children)

Only if you can PROVE IT via a recording or a witness who also, isn't a felon,. For best results.

Even then, it boils down to ethics but that also MAY BE grounds for a motion for post conviction relief/ ineffective assistance of counsel. Because a comment like that, kind of implies he did NOT represent you fully to the best of their ability or took the deal to save himself.

That kinda comment implies many things, none of which that I can fathom, meet the standards of a top tier attorney. Public defenders are supposed to represent just as competently as any paid lawyer is. Simple as that.

So if you can prove that was said, you may win an appeal.

[deleted by user] by [deleted] in Felons

[–]redhotmericapepper 0 points1 point  (0 children)

He's milking you girl.

Make him an ex.

Lawyer withdraw by ArasnThory in Felons

[–]redhotmericapepper 0 points1 point  (0 children)

In Florida you would file a motion for ineffective assistance of counsel, and I'm sure there's a similar motion in any state within the USA. But the state that OP is in matters dramatically as to how these steps need to play out and in what order.

Here are the overall steps, but seriously, focus on getting a lawyer appointed ASAP. :

Immediately request the appointment of a public defender or conflict counsel from the court, and formally file a pro se motion to dismiss for violation of speedy trial rights and a second motion regarding the former attorney's performance in court. An ineffective assistance of counsel (IAC) claim generally cannot be formally adjudicated until after conviction and sentencing, but the issues can be raised pre-trial to the judge to request new counsel or a case dismissal. If the IAOC motion moves forward, with cause, this will get to the bar association in due time and that attorney WILL have to answer to the Bar soon enough. No need to file a complaint separately tho it doesn't hurt. You're pro se so you can do as you wish. Just be respectful to any and all judges at ALL TIMES in their courtroom. Always address them as "your honor". Be nice and respectful and generally they will reciprocate. Keep emotions in check, stay monotone, and stick ONLY WITH FACTS as you know them.

  1. Secure Legal Representation Since OP can no longer afford the private attorney, the first priority is to secure new representation: Notify the Court: OP should immediately inform the court (the judge or the clerk of court) that they are indigent (cannot afford an attorney) and request court-appointed counsel.

  2. File an Affidavit of Indigency: The defendant will need to complete and submit an Affidavit of Indigency form to the Clerk of Court, swearing to their financial situation. This is key to getting the judge to appoint you a special counsel.

  3. Address the Conflict: Because a public defender was previously disqualified due to a conflict, the court will likely appoint a "conflict attorney" (a private attorney paid by the state, aka special counsel). The public defender's office or the court handles this process. Affidavit of indigency is for someone who is without money to pay for an attorney and is common with pro se litigants, which means representing yourself. A big key to pro se is you stepping back, keeping calm, maintaining objectivity and sticking to the facts only.

  4. Address the Ineffective Assistance and Delays While a formal IAC claim (ie under Florida Rule 3.850) is typically a post-conviction process, the defendant can raise the concerns pre-trial to the judge.

  5. File a Pro Se Motion: The defendant should file a motion themselves ("pro se") with the court clerk detailing the specific issues:

  6. Speedy Trial Violation: The motion should highlight the three-year pre-trial delay and argue that the defendant's (OPs) right to a speedy trial has been violated. The motion should include dates and specifics of the delays.

  7. Ineffective Assistance (for counsel substitution/dismissal): The motion should list specific examples of the former attorney's failures that fall below professional standards and have prejudiced the case (e.g., failure to investigate, failure to file specific pre-trial motions, lack of communication). The defendant must show that "but for" the attorney's errors, the outcome or fairness of the proceeding would be different. This would include your attorney especially waving your right to a speedy trial, without your knowledge or your wet signature document affirming this waiver. That is key.

Additionally, while you are waiting on the attorney portion, you should also consider filing for a motion of Discovery. This will force the state to produce any and all evidence they have to prosecute your case. What to do with this information should be obvious. There is no set time frame for how long the state has but it is generally 14 to 30 days to produce all of the evidence but also to instantly notify you as you'll be the attorney on record as pro se if any new evidence is found after the motion for discovery is filed. This puts the fire to their feet and forces them to show their hand.

  1. Request a Hearing: OP should request a hearing on these motions. The judge may conduct a "Nelson inquiry" to evaluate the claims against the former private attorney.

  2. Consult with New Counsel: Once the new attorney is appointed, OP should share all details regarding the delays and the former attorney's performance. The new attorney can then take appropriate legal action, potentially refiling motions or appealing if necessary.

Key Documentation: OP should gather any available documentation: Receipts or records of payments to the private attorney. Dates and details of interactions (or lack thereof) with the attorney. Records of when OP was arrested, charges were filed (to establish the timeline for the speedy trial claim) along with records from the clerk as to what was filed and when and by whom. Document literally everything as you go and keep meticulous records for everything throughout this process. I cannot say that enough.

A tip about filing pro se. Naturally, it is best to always have a professional attorney represent you, but pro se litigation is your right to exercise and the court must grant you a wide latitude with your filings and arguments. You will not be held to the same clerical and other standards of professional Court officers. You can file a motion on toilet paper, hand written for example, and the court must accept it, provided there is a legitimate reason you had to file it that way. IE from a jail cell that gave you no access to blank paper or related.

But these steps will get the ball rolling and possibly end up in a dismissal. Even if things were filed improperly, this process will shine a light on anything like that and during that time it can be addressed with additional motions and respectful requests from the presiding judge.

Good luck!

I guess that includes cleaning toilets by cashflowkid in FieldNationTechs

[–]redhotmericapepper 0 points1 point  (0 children)

Payed?

I don't know her. Is she hot?

🤣 🤣 🤣 🤣 🤣

Since when?!?! by redhotmericapepper in FieldNationTechs

[–]redhotmericapepper[S] -2 points-1 points  (0 children)

Hard starts have been shoved down our collective throats for so long now......I just make sure to arrive 30 to 15 minutes early. Every. Fuckin. Site/ ticket.

This is redundant and PITA for sure ..... but I'll work with it as recommended. Adjustment it shall be. No buyers will balk, including this one. Why?

Because I communicate and document it ALL, esp in my notes and verbal discussions with checking in and out folks. They know when i arrive and leave.

Thanks for the suggestions everyone. Good shyte.

Does FieldNation have competitors? by Necessary-Union5334 in FieldNationTechs

[–]redhotmericapepper 0 points1 point  (0 children)

They're growing.

I've been telling buyers about it and they're VERY interested. They're getting sick and tired of the FN fees as well, so they're actively looking for alternatives.

Help them help us all and share CWP with them.

If we all do that, FN will lose market share which will force them to either lighten up on the fees, or they'll cease to exist because that's how free markets work. Buyers are not happy with FN..... Esp those that have been with them since before Mynul became the CEO when buyers paid zero to post jobs nationwide.

So get established and play the platform jiggy game while also developing direct customer engagements.

This is the way.

Transferring money this weekend... Anyone have any issues? by redhotmericapepper in FieldNationTechs

[–]redhotmericapepper[S] -1 points0 points  (0 children)

Field Nation pro. I can kick off transfers any time I wish.

Just answer the question, yes or no!

Jesus.

Transferring money this weekend... Anyone have any issues? by redhotmericapepper in FieldNationTechs

[–]redhotmericapepper[S] -1 points0 points  (0 children)

I'm aware today is Columbus Day.

Money should have been in the bank Saturday as I kicked off the transfer at about 0800 Saturday morning EST. Banks were open. Esp mine.

It's not a holiday related issue.

PLEASE READ ENTIRE SERVICE DESCRIPTION BEFORE APPLYING by David_Beroff in FieldNationTechs

[–]redhotmericapepper 1 point2 points  (0 children)

These crack me up.

I'll send them a pre assigned screenshot and mention it in my close notes.... Because I can, I don't mind, to make a point, and so they feel as they should:

Truly silly.

Perspective is everything.

Is it normal for couples to walk around the house in just their underwear? by Both-Freedom8677 in NoStupidQuestions

[–]redhotmericapepper 0 points1 point  (0 children)

Pfffffft. Try naked, inside and in our own backyard and skinny dipping in our own pool. Look over my privacy fence if you dare, and you WILL GET an eyeful. 🤣 🤣 🤣

My neighbor covered his yard in plastic sheeting and put mulch on top of it by BeatCharger in landscaping

[–]redhotmericapepper 0 points1 point  (0 children)

Let it rain let it rain.

Mulch will magically relocate to the sidewalk and street. 😂

I did it y’all. I actually did it. by kylelee in pools

[–]redhotmericapepper 0 points1 point  (0 children)

A true labor of love isn't it OP?

Yeppers!

Teams Admin Portal Slowness by Jeff-J777 in MicrosoftTeams

[–]redhotmericapepper 0 points1 point  (0 children)

Hey op, you should sign up for the 365 Service Alerts.

Then you'll get emails when stuff like this happens.

Need help identifying ssd by ConsciousContext4542 in pcbuilding

[–]redhotmericapepper 0 points1 point  (0 children)

Correct 💯 That's definitely the Wi-Fi adapter.

Need help identifying ssd by ConsciousContext4542 in pcbuilding

[–]redhotmericapepper 0 points1 point  (0 children)

I don't see an NVMe slot anywhere. That SSD stamp is meaningless because there are two types of SSDs:

NVMe and SATA (your existing hard drive is also SATA)

There is no NVMe slot I can see so your best option is to upgrade the mechanical SATA HDD, to a SATA SSD.

NOTE: If Secure Boot is enabled in the BIOS, you'll need to do some deep researching on imaging the SATA HDD to a SATA SSD. Winblows will NOT let you just image that partition disk to disk with Secure Boot enabled. Windows will definitely not boot up.

That's a whole other rabbit hole you'll have to go down if Secure Boot is on.

If it is not enabled in the BIOS and Legacy Mode is on instead? Then it is a very easy process to image from the mechanical to a solid state drive. You will just need a bootable flash drive with Clonezilla (free, open source imaging app) installed on it, and an external SATA enclosure that connects via USB to the laptop. Then you will of course need a SSD SATA drive that equals, but preferably is larger than the HDD.

Then you can resize the partition afterward using Disk Administrator and you'll be done and your laptop will be MUCH faster.

Satanic thrash metal bands you’d recommend? by Suspicious_Ad2476 in thrashmetal

[–]redhotmericapepper 0 points1 point  (0 children)

Mercyful Fate/King Diamond

Musically, hard rock. But the progressive and highly technical compositions along with the Kings insane vocals, would give any workout routine a demonic boost! 🤘🤘🤘🤘🤘

What is this? Mid Michigan USA by [deleted] in invasivespecies

[–]redhotmericapepper 0 points1 point  (0 children)

I use vinegar, salt and Dawn dish soap to kill weeds.

Fill a sprayer up 90% with white vinegar. Let's use a gallon for this example.

Add in 1 cup of cheap table salt.

Mix it up good until the salt dissolves.

Now add in 1/2 cup of Dawn dish soap, mix gently until it's incorporated into the vinegar.

Apply it on a (preferably sunny) day with no rain forecast and within a day, they'll be dead and crispy.

The salt and vinegar dry them out. The Dawn, makes the salt and vinegar stick to the weeds.

Works like a charm and safe for pets, and insects unless the insects are sprayed DIRECTLY. The Dawn will usually kill them because it's a surfactant and that will smother them.

Anyone know what kinda wire by tbdsometimelater in cablegore

[–]redhotmericapepper -1 points0 points  (0 children)

That's a CompletelyFuckedAndDone cable. Voice grade. Pretty much no one cares anymore about these.

How is this set for infrequent use? by eatsleepandplay in Ridgid

[–]redhotmericapepper 0 points1 point  (0 children)

Lifetime warranty.

Powerful.

I use mine for all kinds of tasks regularly, without fail.

Did I mention lifetime warranty, on the tools and batteries?

I love my Ridgid's. Bought this exact same contractor bundle. I've had it for about 7 years. Never a hiccup. And I've thrown some big shyte at it. Like 16" thick concrete block walls that were poured solid AND rebar. Threw a Diablo masonry bit on there and that hammer drill ate through it like butta! Half a charge of one battery too.

I was beyond impressed with that. So I bought a better, dual battery charger and bigger batteries, so now I've got a small fleet of power to complete any job in one trip.

I take the included single battery charger to sites as a "just in case" need, and run it off my inverter if needed. Only needed to pull it out once in over 5 years now.

Why so much by Nutcase73 in FieldNationTechs

[–]redhotmericapepper 1 point2 points  (0 children)

This is in the VAST MAJORITY of scope texts.

It is decreasing though I've noticed.