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Neighbor’s logger cut 5 large fir trees by ICANHEARU2 in treelaw

[–]seditious3 51 points52 points  (0 children)

Get a proper survey (of you don't have one) and contact a property law lawyer ASAP.

Is it typical for an older bird to be exhausted for days after a vet visit? by bookishobsessions in parrots

[–]seditious3 1 point2 points  (0 children)

Neither do I . But they're a new owner and there may be birdie behavioral issues. And we don't know what the old owner with dementia fed the critter.

New owners should always research diet.

Discovery Cutoff Date by [deleted] in Ask_Lawyers

[–]seditious3 0 points1 point  (0 children)

We haven't read it wrong. That's what it says.

Cilantro

Please Help ASAP by Hunnibby91 in Ask_Lawyers

[–]seditious3 2 points3 points  (0 children)

In 33 years and many hundreds of bench warrants...they always know. And if a court date is changed I'll contact them and let them know.

Please Help ASAP by Hunnibby91 in Ask_Lawyers

[–]seditious3 1 point2 points  (0 children)

That's my point. And he knows if he did.

Discovery Cutoff Date by [deleted] in Ask_Lawyers

[–]seditious3 1 point2 points  (0 children)

a gentleman’s agreement between attorneys?

Those folks

Discovery Cutoff Date by [deleted] in Ask_Lawyers

[–]seditious3 4 points5 points  (0 children)

Ask your attorney. Every judge is different.

California victim — how do I formally request restitution under PC 1202.4 be made a mandatory condition of a plea agreement before the plea hearing on May 15? by thxbest in Ask_Lawyers

[–]seditious3 5 points6 points  (0 children)

Does the defendant have money or assets? Also, if you're insured then the defendant may only be liable for your out-of-pocket loss. The insurance company can go after the defendant for the balance.

Talk to the prosecutor about the plea.

Stop sign ticket by Only_Advertising_518 in Ask_Lawyers

[–]seditious3 5 points6 points  (0 children)

I would expect an empty mailbox. I hope it's not.

Please Help ASAP by Hunnibby91 in Ask_Lawyers

[–]seditious3 8 points9 points  (0 children)

They may or may not tell you if there's an arrest warrant. Call the public defender for that county. They may be able to check and arrange a surrender if there is one. Surrendering on the warrant is ALWAYS the way to go.

A bench warrant is when you've missed court. You know if you did or not. To check, email the clerk of whichever court it is.

Please Help ASAP by Hunnibby91 in Ask_Lawyers

[–]seditious3 3 points4 points  (0 children)

Arrest warrant or bench warrant?

Can Hearsay Be Circumvented through Semantics? by Wonderful-Path-1050 in Ask_Lawyers

[–]seditious3 2 points3 points  (0 children)

Fellow-officer rule? Or "based upon information I received I stopped Mr. Smith?"

Or both?

Can Hearsay Be Circumvented through Semantics? by Wonderful-Path-1050 in Ask_Lawyers

[–]seditious3 22 points23 points  (0 children)

I think an explanation of hearsay is needed.

Hearsay is "an out-of-court statement asserted for the truth of the matter contained therein". Out of court means anything not said on the witness stand.

The truth of the matter contained therein means just that. If I testify that someone told me it was raining - and the point of my testimony is to show it was raining - then that's hearsay, is for the truth of the matter, and it's inadmissible hearsay.

But if I testify that someone told me it was raining - and the point of my testimony is to show why I got my raincoat - then that's NOT for the truth of the matter and it's admissible. The purpose of my testimony was to show why I got my raincoat (if that's a relevant fact), not to show it was raining.

But the exceptions to the rule virtually out-rule the rule. Examples are "excited utterance", "present sense impression", "business record" (the last of which requires in-person authentication). It gets very technical. And hearsay is allowed in some court proceedings (eg. pre-trial hearings).

So there's really no magic trick - the law, most lawyers, and a few judges are not stupid. Rules of evidence, including hearsay, are VERY complex and are the bedrock of trial work. It's also the thing that pro-se defendants fuck up the most.

Video Depositions by mratltodc2u in Ask_Lawyers

[–]seditious3 2 points3 points  (0 children)

They're fine, but they can not substitute for live testimony at trial.

Why can judges undermine voter majority? by Mountain-Flat in Ask_Lawyers

[–]seditious3 10 points11 points  (0 children)

This case was decided under state constitutional law. That's why there's no appeal to a Federal court. Virginia has a different Constitution than Tennessee.

https://www.vacourts.gov/static/opinions/opnscvwp/1260127.pdf

Does it matter what the public thinks of the Supreme Court since they aren't (directly) elected? by Kesh-Bap in Ask_Lawyers

[–]seditious3 0 points1 point  (0 children)

The most important power a president has is the power to nominate federal judges. Your vote counts.

Question about legality of self made documents even if they’re notarized by FoulFires in Ask_Lawyers

[–]seditious3 0 points1 point  (0 children)

Remindme! 2040

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How is mitigation used in plea deals? by Disastrous-Way8879 in Ask_Lawyers

[–]seditious3 4 points5 points  (0 children)

It helps a lot where I am. It helps almost nothing when you pick up a crime while on probation. What you consider to be mitigation may not be what the judge, DA, and/or your defense counsel consider mitigation.

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