CdwJava
Last Activity:
Oct 30, 2019
Joined:
Jul 9, 2006
Messages:
4,388
Likes Received:
329
Trophy Points:
83
Best Answers:
4

CdwJava

Moderator

CdwJava was last seen:
Oct 30, 2019
    1. jenksswimmer
      jenksswimmer
      I have a question, My fiancee was arrested for domestic abuse about 3 months ago, i was told i was going to be notified by the DA but never recieved a call. After he went to court about 3 times my fiancee was given the number for the DA. When i called i notified i wanted to drop all the charges and the DA told me i had to schedule an appointment at the victims witness center. So i made the appointment and went and told them again that i wanted to drop all the cahrges. They told me i couldnt since they took over the case and now after he has been sentenced to 30 days in jail and a pretty large fine they are saying it was because i didnt drop the charges. Im just a little confused and wondering what i can do to get any of this fixed, financially we cant afford any jail time or any fines and i tried to drop the charges. I feel like my constatutional rights were taken away to drop the charges and everything. What can i do if anything? I have heard i can report the DA in charge of case to the BAR but not sure what that would accomplish. Please help me if you can.
    2. Kemera
      Kemera
      Hello, I recently saw one of your replies on these forums, you can across as being really knowledgeable and helpful. I was curious if you could provide some of that advise to me. I posted a thread and have yet to get a response from anyone.
    3. PRICELESS75
      PRICELESS75
      My husband is on 2 different probations. Last year he had 1 of his probations revoked for not following the release agreement by not seeing his PO and a few other things. He spent over 3 months in jail and when he got out he thought that he was completely done with jail time. He has since followed all his rules of probation and has done very well until the other day he was arrested for a warrant out of the same county for the same charges as the year before , the only difference is that they are trying to violate a different probation, not the one that was revoked. So my question is, is this legal? Isn't it double jeopardy and shouldn't the court have brought up the issue of the other probation in the same hearing as before? How can they wait a year before issuing a warrant when he was sitting in their jail when the charge against that probation was originally documented. Help I need my hubby home before Christmas!
    4. farminsarin
      farminsarin
      If I took photos of someone getting married at a public location, then used the photo as part of my wedding website showing my artistic photography skills (at the top of the page it says “examples of my art”), would I be at any high risk of being sued without bothering them for a signed waiver? Why can the news media do it legally? I know that CNN, NBC and the rest are all in it to make money. They are not giving the people news for free. They say you can show your artistic ability but how can an artist do it without promoting himself at the same time? I am advertising my business but also showing my artistic capability and enjoying my right to work. Even the newspapers have to make a profit. I did not want to bother the couple and ask for a signed waiver. Or ask the building owners of the buildings in the background. Just using the photos to promote my services as a photographer and since the couple was there at a public park, could I have taken the photos?

      Here is what I heard - Nobody's going to spend tens of thousands of dollars on lawyers to collect a few hundred in damages. If you use the image and they raise a stink and you don't stop using the image, they will have their lawyer send you a letter to cease and desist. That's required. If you don't desist, then they can try to sue. I guess if the person ever noticed themselves, all they could do is ask me to take it off and if I did take if off the website, nothing much more to be afraid of then, right?
      Also, The wedding dresses, tuxedos, rings, chairs, tables, tents... are all someone's intellectual property. Are wedding dress designers suing photographers who use images of their dresses on their website? How about the chair or table company? For that matter, architecture is intellectual property. If a photographer takes a photo of a couple and there is a building in the background, the owner of the building could also sue the photographer then right? The copyright office states : Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright. So therefore "unless there is an agreement to the contrary, every photographer has copyright and control of the image they take, even if someone already paid them." Right? I heard that in ADVERTISING - When people are recognizable in public domain photos, the photos cannot
      legally be used for commercial purposes. But I also heard that In the U.S., street photographs, taken of people and things visible on the street, in circumstances where there is no reasonable expectation of privacy, can be published, displayed, and sold as "art" (as distinct from their use for advertising, promotion, or "commerce") without obtaining permission of the people photographed. In fact, a New York State Supreme Court judge recently made judgement on a case and said that the photographer's right to artistic expression trumped the subject's privacy rights. New York state right-to-privacy laws prohibit the unauthorized use of a person's likeness for commercial purposes, that is, for advertising or purposes of trade. But they do not apply if the likeness is considered art. I would be just using the photos of a bride and groom or people playing volleyball to show my artistic services as a photographer. What do you think?
      "If the law were to forbid artists to exhibit their photographs made in public places without the consent of all who might appear in those photographs, "then artistic expression in the field of photography would not be protected under the freedom of speech and freedom to perform art would suffer drastically" right? Most courts have consistently found "art" to be constitutionally protected free speech. If I show off my artistic ability is it alright? A profit motive in itself does not necessarily compel a conclusion that art has been used just for trade purposes. Can a photographer therefore be allowed to show one person's existance to another? It doesn't matter if it's a photo of a war, or whatever......it's a function (and personal freedom) of photograhers everywhere to show the world, the existance of the rest of the world, even on their website right?.
      Can it also be considered news worthy that people get married here at this place for example? I am showing off my art and telling the news of what is happening at this location (freedom of the press). The public areas of the United States.....anyhow.....are for everyone's use..........including photographers. Taking a picture of another person in a public does absolutely nothing to impede that other person of their rights. Stopping the photographer from taking those pictures, impedes their rights of expression....and again, using those pictures in an artistic pursuit, including selling photographs of art work from them, and putting them in a book form is an extension of that pursuit of happiness. Once the photographer takes the picture, it is their picture............not the subjects. People are photographed everyday on buses, at ATM's, at intersections walking into convenience stores, etc...
      In the book: Legal Handbook for Photographers: The Rights and Liabilities of Making Images" by Bert Krages. The short answer is you can take anyone's photo in a public place where they are also in public view, and you can publish their photo in a book of street photography without their permission (or post it on your web site). How about all the artistic “street photographers out there”? I thought that I could take photos and show off my art work on the web. This is called the "pursuit of happiness"..doing something you enjoy doing, that doesn’t harm anybody else..and there is a rather famous document that says you have the right to pursue that in the USA. "As soon as the shutter clicks...." copyright belongs to the photographer. These photos would be exhibited on my website for my photo business as examples of my 'art'. Just think at any wedding, you would have to get a “model or other release” from the bride and groom, plus each family member or guardian, table makers, chair makers, flower arrangement company, wedding dress maker, church owner, silverware company, any owners of buildings in the background, etc... I could argue that a wedding or volleyball game is publishable in a newspaper as an event that took place. To quote Benjamin Franklin, "Those who would exchange freedom for security deserve neither'.
      So here it is again: If I were to take of photo of people getting married at a public location, then used the photo as part of my wedding website showing my artistic photography skills, would I be at any high risk? How about is the headline reads “Examples of my art”?


      Thanks Jenny email [email protected]
    5. hucks01
      hucks01
      Thanks for respecivly replying to my post & not putting me down. The facts are I was not arrested, I was told to expect a LETTER in the mail that did not come, the only info originally found only had date, offense, and court. No arrest date, no arraignment date, all other blanks were enter because there wasn't any arrest or arraignment. This is my point. Dallas county screwed it up from the beginning and my lawyer used it to screw me out of as much money as he can get his hands on. It disappeared from background check after it was reduced to disorderly conduct & has since reappeared with a NFOG( not found of guilt) by it.
    6. StanislavO
      StanislavO
      All of this stuff happened with the cops and not the security guard. The security guard said that all the suspect were asian and i am white. Also, he said he saw 4, i was the fifth person. He told the police 100% sure that it was not the white guy because they were all asian cats.

      Then when the police were about to let me go, my cell phone went off because i have received a text message. When the cop said who is that, i said i dont know. Then the cop said give me your phone. When i asked him if he can legally do that he put me in an arm lock and took my phone from me.

      He let me go and asked, "Do you want to go to jail?" And then i said no. So he turned my phone on but there was a password. He told me i HAD to put in my password so he can see because there was a crime in the area.... ALL THIS AFTER THE ONLY WITNESS SAID HE WAS 100% Sure that it was not me.

      Then he asked DO YOU WANT TO GO TO JAIL and i said No, then he said then i HAVE TO PUT MY PASSWORD IN.

      Still not reading me my MIRANDA RIGHTS and NOT TELLING ME THAT I WAS UNDER ARREST he took me down town and said that i must write a letter of appology to the people of the cars. I DID NOT MENTION in my letter that we had cut open tops because it was not me. I talked about the two cars which were unlocked. also saying in my letter that nothing was taken out of those cars.

      I myself do not completely know my miranda rights at that moment, so i just did what they told me to do. They told me that i would be in the holding cell for only a few hours at most then i would be able to go home. Then they booked me 4 hours later. Still never saying i was under arrest or anything i was in jail....

      Thank you so much for your help and your time.
    7. archie
      archie
      I have a 2nd floor condo of a 3 story building in Seminole County Florida. My 3rd floor neighbor had a leak from their shower valve that damaged the sheet rock in my bathroom and the neighbor's bathroom on the 1st floor as well. The cause of the leak has been documented by the plumber that arrived on site and management company. I do not have property insurance but the party who started the flood has. How can I get reinbursed for all the clean-up and to restore my bathroom? Can I make a claim on their insurance company or do I have to sue my neighbor?
    8. poopy036
      poopy036
      8 of us were getting a 12min lunch break out of in 8 hour shift on third shift.while first and secound shift were getting there 1/2 hour lunch break plus 12min coffee break.i ask everybody on third shift to sign a paper requesting more break time, cause 12min wasnt enough.....it was aproved.....but a week later we all got laidoff.....6 whites and 2 hispanics....following day of the layoff 6 whites got re-hired.2 hispanics had senority over 4 of the whites that were re-hired.
    9. DJTB
      DJTB
      Okay so I'm 19 and I have three charges on me. Now at my first court date I was told by the PD that two of the charges would be dropped and the F3 dropped down to a M6 but I was falsely accused of the crime. The question is do I need an attorney at the pliminary hearing to get the charges dropped down to the M6 or should I ask for a continuance and get a lawer to drop the M6 as well? O the M6 charge is menissing, my first offence.
    10. raskalnikov
      raskalnikov
      Hello. I like a lot of your advice on these forums! However, as far as what you say about warrants in the criminal forum, I was a bit confused. In criminal cases, doesn't the prosecutor's side have to make a good-faith effort to notify you of a warrant for your arrest?
    11. MRZMOZLEY
      MRZMOZLEY
      --------------------------------------------------------------------------------

      I Went To A New Car Dealership To See If I Can Get Financed For A New Car. I Needed To Trade In My Current Car Because It Is Junk And I Owe Way More Than It Is Worth. To Make A Very Long Story Short, The Sales Manager Told Me No On The Trade, But I Could Turn My Current Car Back Over To The Buy Here Pay Here And Risk No Repo To My Nor My Co-signers Credit Because They Are Not Reporting Any Payments I've Made To The Credit Bureau And The Car Is In House "mouse House" Financed. So My Questions Are:

      1) What Is In House "mouse House" Financing?

      2) Will There Be Any Repo Or Negitive Actions To The Credit Of Myself Or The Co-signer Of My Current Car If I Turn It In?

      Thank You For Your Help.
    12. edgard2k
      edgard2k
      Since I have a Comercial DL, the courtesy notice claims that I'm NOT legible...I haven't taken Traffic School for the last 5 years
    13. edgard2k
      edgard2k
      Thanks, What should be my argument in court ? I can't afford another point ...
    14. edgard2k
      edgard2k
      I was heading to a gas station, at a large, busy intersection, with a traffic light; when I saw the green light, I made the U turn.-I couldn't see the sign because of the glare, the posted "NO U TURN" has black and white letters only; not the traditional with the "U" and a RED circle and a line on it. I proceeded safely, (no traffic at the time), also I have pictures of the opposite traffic don't have neither of the "NO U TURN" signs, so it means that they are allowed to make a U turn (it's a double standard); how can I win my case at my hearing ?
      edgard2k is online now
    15. jag96mom
      jag96mom
      I was wondering if you could look at my post in Banking, Securites..topic bank released information. I need some advice as soon as possible, I'm goping to a meeting on this in a little while and can't get anyone local to return my calls this week. I need help!
    16. prionka27
      prionka27
      hi

      My name is Samantha. Today my father went to the Consumer and Business department because he recieved a ticket for carrying out the garbage we produced while renovating the house. Today was the hearing, and so we all went down their, and I decided that we should settle because the fine was five hundred dollars. the attorney who spoke to us said that although its our garbage and it is not a business it had construction waste and we needed to either hire someone to remove it or get a container we can't do it ourself. So I settled but people are saying that it would be better to go infront of a judge, and my parents are thinking the same way. Do you think it would have been better to go infront of the judge, and the fine that recieved from the settlement would have been dismissed?
    17. needlegal
      needlegal
      Thanks for your help!
    18. needlegal
      needlegal
      Violation code section is left blank on the citation. The charge section is filled in as: "D.C." The Post-Arrest complaint (which I was never arrested I was asked to sit in the undercover police car on the passenger side) says: "Listed Sub was in theatre of listed location on this date. Sub walked over to co-def who had his penis out. Sub attempted to masturbate co-def in theater in front of patrons." The only "patrons" there was the police officer and I didn't attempted to masterbate the person. Is this something that I can get expunged or should I just pay the fine and move on?
    19. needlegal
      needlegal
      It's in my post.
    20. needlegal
      needlegal
      Hi...could you please give me some desperate advice? I'm a college student who made a stupid mistake and don't know what to do.
  • Loading...
  • Loading...
  • Loading...
  • Signature

    **********
    A Nor Cal Cop Supervisor

    "Make mine a mocha ...
    And a croissant!"