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  1. flyingron

    Can they make you work over 8 hours

    Right, but you were the one who introduced the non-sequitur of what the other 49 states do, so there's no point in me getting snitty about me correcting that.
  2. flyingron

    Can they make you work over 8 hours

    Well certainly that is true in Florida. It's not universally true in all states. California, for example, allows employees to refuse to work in excess of 72 hours a week without repercussion.
  3. flyingron

    Gun license

    Without having your rights restored, you may not. It would be another felony to be in possession of one. If it was a Florida conviction and it's been eight years since the end of your prison/parole/probation time was up, and you've paid any restitution ordered, and you don't owe more than...
  4. flyingron

    Drug Crimes, Substance Abuse Am i looking at jail time?

    "It wasn't mine" is NOT a defense to possession. If you're convicted, jail time is a definite possibility. Listen to ArmyJudge.
  5. flyingron

    what can collection agency allowed to do?

    If you incurred the debt after you were married, the debt is part of the community estate. They certainly can come after the other community assets and possibly even her separate ones.
  6. flyingron

    Can blood be drawn against your consent?

    Ah, misunderstood. Anyhow, with a warrant they don't need consent. If you had blood drawn routinely by the hospital, they can get a warrant for that (or the results). Exigent circumstances often allows searches without warrants. This means that the urgency of the situation precludes the...
  7. flyingron

    Can blood be drawn against your consent?

    First off, if they have a warrant, consent is not needed. Second, the Supreme Court decided that the combination of implied consent and exigent circumstances would allow a non-consensual draw. In a routine situation, however, they'd need a warrant. Note that in many states, even if you have...
  8. flyingron

    what can collection agency allowed to do?

    California's laws are similar to the federal law with one major exception. They apply to anybody trying to collect a debt, even the owner of the debt. The federal law only applies to third-party collectors. Here's what they can't do under CA law: Codes Display Text.
  9. flyingron

    Juvenile record of stolen firearm sealed or petition to reinstate right to own a firearm

    It's not "cheating" anything. It's expressly in the statute. 18 USC 921 defines the disabling offense as: (20)  The term “crime punishable by imprisonment for a term exceeding one year” does not include-- (A)  any Federal or State offenses pertaining to antitrust violations, unfair...
  10. flyingron

    Juvenile record of stolen firearm sealed or petition to reinstate right to own a firearm

    Sorry, ArmyJudge, but I disagree. The federal policy with regard to the 18 USC 922(g) prohibitions is that if the state in who convicted him vacates, seals, or otherwise restores his civil rights with regard to the conviction, that also clears him at the federal level. In Washington state...
  11. flyingron

    Juvenile record of stolen firearm sealed or petition to reinstate right to own a firearm

    You'd be wrong. Juvenile convictions very much bar you. Gun rights after a juvenile adjudication of this sort can be restored either by the petitioning process (same as adults) or by just having the juvenile records sealed. Neither is automatic. The latter is a lot easier. In the poster's...
  12. flyingron

    BEING DENIED MY POLICE REPORT FOR 2 YEARS

    Here's an idea: PAY THE ATTORNEY.
  13. flyingron

    Attorney or Court Appointed?

    Understand that public defenders/court appointed lawyers aren't some default for those who are unwilling to pay for private counsel. It is for the indigent who can not afford counsel of their own.
  14. flyingron

    Drug Crimes, Substance Abuse 4th Amendment

    It matters little if they are real police or not, it's the real prosecutor you're facing next and all those in the room (other than you) can give testimony that you confessed. If you are approached by the police or a prosecutor again, decline to speak to them without an attorney. An...
  15. flyingron

    Drug Crimes, Substance Abuse 4th Amendment

    And unless he wasn't free to leave, Miranda wasn't even required here.
  16. flyingron

    Anyway to get rid of this ticket? Do I have a bonus as a foreigner?

    So, by your own admission, you were speeding and you're only quibbling over 1MPH over what you said you were doing and what the officer said? Your assumption that the car wouldn't go faster than the cruise control speed (especially only 1 MPH) is ludicrous. To answer the questions: 1...
  17. flyingron

    Assistance to understand the First Departemnt of New york supreme court

    You likely only had thirty days to file that appeal. Even if it were timely, you don't get to file an appeal because you are unhappy with the decision. You need to show some error of law in the original decision. If EITHER the agreement fails to meet the definition of a contract OR the SOL...
  18. flyingron

    Is this new law retroactive?

    Eh? No. The judiciary (up to the Supreme Court) has found that not all laws with retroactive dates in them fit the definition (as they interpret it, and it is their interpretation that is the Constitutional power) of ex post facto. Such include retroactive penalty changes (such as SORA)...
  19. flyingron

    Is this new law retroactive?

    Retroactive laws are not necessarily prohibited "ex post facto" laws.
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