Recent content by Tax Counsel

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    Weapons, Guns, Firearms Joking about a terroristic threat

    There are, however, some limits placed on federal agencies as to what communications they can routinely scan without a warrant. The Constitution didn't get thrown away when the Congress enacted these statutes. They had to be written in a way that would pass muster in the federal courts. This is...
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    Mr. Simpson, Are You Driving, Asked The Judge?

    The entire scene is worth watching. I didn't know about the yarn site before, but I've bookmarked it now. It looks like a great place to get shorts of just about anything.
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    Weapons, Guns, Firearms Joking about a terroristic threat

    The police can't get those texts without a warrant, and that means they must already have some suspicion that the texts would provide evidence of a crime. So if your friend doesn't reveal that to anyone else it's unlikely any police trouble would follow. However if your friend reacts with fear...
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    911 S5 Botnet Dismantled and Its Administrator Arrested in Coordinated International Operation

    It's disheartening to see that the botnet was able to run for 10 years before law enforcement was able to bring these guys down. Fortunately, it appears that only Windows users with outdated versions got the bot vpn programs installed on their computers. Security software only works when people...
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    Mr. Simpson, Are You Driving, Asked The Judge?

    It always amazes me how clueless some people are. How did that guy think the hearing would go when the judge sees him driving when the judge knows his license is suspended? SMH. I saw a video on the show Cops awhile back where the police asked the driver where his weed was. He denied having any...
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    Should I write up or fire my employee again for harassment?

    The First Amendment does not apply, but some other law might. My state now has a law that bans all employers, private and public, from discriminating against employees because of their viewpoint. That doesn't necessarily mean the employer can't set reasonable rules for when the employees may...
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    X/Twitter pure criminal behavior!!!

    Assuming that the OP isn't using a VPN that makes it appear he/she is located there when he/she is actually located somewhere else, of course. So the question Zigner asked is still relevant.
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    X/Twitter pure criminal behavior!!!

    If you are located in the U.S. you'd have to prove that X actually knew the person/company with that X handle (user name) was running a scam and that it failed to take measures to stop it in a reasonable period of time after it learned of the problem. If you are in some other country, the law...
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    Are drug field test kits admissable in Georgia Superior Court?

    AdjusterJack's answer was premised on you already having gone to trial and been convicted, which you say hasn't occurred. His answer that the issue would be moot in that situation is wrong however. If the trial court admitted evidence that it should not have that is an issue that may be raised...
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    Are drug field test kits admissable in Georgia Superior Court?

    The latest court decision in Georgia that I found that dealt with that question is from 2006, and in that case the GA Court of Appeals stated: "Positive field test results are alone sufficient to sustain a conviction for selling or possessing cocaine. West v. State; Riddle v. State. Positive...
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    Veteran Disability question

    I'm assuming that your father in law was an enlisted sailor in the Navy or enlisted marine at the time this happened. In the 1980s, as now, enlisted military personnel sign contracts when they enlist and when they renew their enlistment. The main deal in the contract is that the...
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    Recovery of SMS messages

    A subpoena or summons for information to be used in an administrative proceeding is possible. They aren't just for court proceedings. It may be worth it for you to get the help of an attorney to prepare a subpoena to Verizon to get the texts, if they still have them. The attorney can also help...
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    Finance, Investments IIs this an Equal Credit violation?

    No. Indeed, that's what the CU is going to have to do. CU's are formed to serve a particular community, and exists to benefit that community. Because of that, they are treated a bit differently under the law than a regular bank, which involves trade offs. One the rules is that the members that...
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    date of death appraisal

    It should be sent by certified mail, return receipt requested. I fairly often see the terms certified mail and registered mail used on message board posts and internet pages as though they are interchangeable terms. They are, however, two very distinctly different services. Registered mail costs...
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    Wrong criminal file system

    I agree with army judge. Get a lawyer. That will not only make the process go more smoothly, it will also give the lawyer an opportunity to discover how the mix up occurred, which would be useful in finding the correct party to sue if you have suffered any damages from this.
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