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Feedback ...
"Thank you very much for answering my question. I love your website!"
"We have enjoyed your web site and have gotten more information off of it than any others. (Plus I got a Kick
off the pictures) .Very informative and you have explained it in the basic way for even my Redneck hubby can understand".
"Well, I feel, as many other "Jail-House Lawyers" like you did a fairly good job on my brief."
I appreciate the GOOD advice. I plan to call my probate attorney to followup.
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Sunday, November 30, 2003
If company A sells debt to company B with out debtor's consent, and B tries to collect debt is company B
comitting extortion?
No. The right to collect an amount due is a property right that can be bought and sold just as any other property.
Company A can sell a debt to another company and the buying company (company B) would not be doing anything illegal by attempting
to collect. In fact sales of debts are extemely common.
Extortion on the other hand is a threat to take some action that a person is not legally entitled to take unless something
of value is provided. For example: "give me your lunch money or you'll get beat up on the way home."
7:27 am pst
Monday, November 17, 2003
I am a ... 49 yr old female in western NC and was indicted on a drug conspiracy charge that stemmed from an acquaintance
I had for a short time in late 1990's. I was invaded in my home and subjected to a two-hour search, which found nothing.
They arrested me and not my husband and took my computer (there was nothing on it), I had to borrow 25,000.00 from family
for a lawyer who demanded it upfront and then told me to take a plea. I have done alot of investigating since the FBI
returned my pc and I am appalled at the law. Violent offenders I can see getting long sentences, but a tax-paying law
abiding citizen like myself should have some recourse. I was immediately released on (personal recognizance) ....
Whatever happened to innocent until proven guilty? I may be sentenced sometime in January 2004. This happened
may 1, 2003. ... I believe in good legal defense, but I feel taken advantage of by this federal lawyer who
took the easy way out. I really wanted a jury trial, but was told that would piss off us attornies, judges etc.
Will I ever get a chance to tell my side or say anything? By the way, I was never shown my discovery which I begged
for countless times. Any suggestions?
The attorney representing you is in the best position to advise you. He or she is familiar with the facts of your
case and the consequences of a trial vs. a plea.
I have been handling federal criminal cases for several years, so I'll give you a few general points based on my experiences
there:
- Drug conspiracies are frighteningly easy cases for the government to win. A "conspiracy" is
an agreement to commit an illegal act. In drug cases there is no requirement that the agreement be carried out or for
any act to occur other than the agreement. Typically the government tries to show that two or more people were cooperating
to distribute drugs. The cooperation can be proved through circumstantial evidence. The government likes to charge
conspiracies because you do not have to have drug seizures or witnesses to drug sales. A single witness who can testify
that there was an agreement is sufficient for a conviction if the jury believes the witness.
- The penalties for non-violent drug offenders are out-of-whack. There is nothing your attorney can
do about this bleak situation. We have elected lots of representatives whose promised to be "tough on crime."
No one seems to recognize the injustice of these sentences until a friend or family member is facing one. There is at
least one group seeking change. The harsh penalties are a fact of life in your case.
- Trial vs. plea. Every accused faces this choice. The nearly universal rule is that an accused
who pleads guilty will be treated more leniently than one who is convicted after a trial. In advising a client on what
to do I discuss the "upside potential" versus the "downside risk." The "upside potential" is the likelihood of being
found not guilty, the downside risk the the likelihood of being found guilty and being treated more harshly than if you had
plead guilty. The greater the chance of a not guilty verdict, the less incentive there is to plead guilty. If
the government has a slam dunk case, it will usually be best to take the plea.
I hope this has helped some. The best advice I can give you is to consider your attorney's advice very carefully.
8:43 am pst
Tuesday, November 11, 2003
What are my legal responsibilities in the following scenerio: A married couple is working
at my company. I suspect the wife of having an affair with a fellow employee. Both her husband and the other male
work for the same supervisor, with the wife working in a different department. Currently, all three are performing in
their positions, with none of them having any previous reprimands. If we do determine there is an affair, what should
be done from a legal standpoint? If the married couple separate due to this, what intervention if any is necessary for
the two male employees that are reporting to the same supervisor?
The short answer is that an employer has no legal responsibility to do anything about a consensual extra-marital
relationship between employees. Whether you choose to do anything about it to keep things running smoothly at your company
is a management issue rather than a legal issue. Do what makes business sense for you.
Now for all the why's and wherefore's:
- Hostile work environment: You used the term "hostile work environment" (HWE) in
the subject of your e-mail. An HWE occurs when an employer allows or tolerates harassment based on gender, race, color,
national origin, age or disability. This would include tolerating employees who request sexual favors from other employees
and same-sex harassment. For example if a supervisor has a relationship with a subordinate, that could form the
basis of a claim of HWE because other employees may believe that going along with the advances of a supervisor would help
their careers. This is sometimes called "quid pro quo" discrimination. A careful employer should prohibit sexual
relationships between employees and supervisors.
- Check your state laws: My answer is based on federal and North Carolina law. North
Carolina law places few restrictions employers. It seems unlikely that any state would require employers to halt consensual
sexual relationships between employees who do not supervise each other, but you never know.
- Telling the lovers to knock it off: The employer has no legal responsibility to stop
the affair unless it has a tendency to create a HWE. While there are some very creative litigators, I don't see how
an affair between employees in different departments is likely to create a hostile work environment.
- Employment policies: I don't know how large your company is but you could consider developing a set
of employee manual that sets clear guidelines of what is and is not allowed as far as relationships among employees.
If you have clear policies and enforce them consistently, it can help in the event an employee brings a claim.
The EEOC has a Q&A on employment discrimination.
7:53 am pst
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a cleverly designed website) is no substitute for live, in-person contact with an attorney if you have a legal problem. In order to avoid legal troubles of my own, I cannot answer questions about the laws
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