Christine L. writes: "I don't get along with my neighbors too well, which stems from a previous year's 4th of July when my son's fireworks shot over the fence accidentally and ended up lighting their bushes on fire. Since then, they've always ignored us and done things to try and annoy us. One of those things includes putting their trash bins in front of our house (instead of in front of their house) for trash pick up day. Being frustrated by this (since the bins should be in front of their house since they ARE THEIR BINS) I slid their bins back in front of their house one morning. When I got home from work that day (last week) I found the bins back in front of our house and the tires of our vintage '69 Mustang (which is under a car cover and parked in our driveway) slashed. What legal rights do I have or what next steps should I take to make them pay for the damage they've obviously caused?"
Christine brings up an interesting issue that all of us have come in contact with once or twice in our lives: uncooperative or frustrating neighbors. While you can choose your friends you can most definitely not choose who lives on either side of you in your neighborhood. That's why situations like the one Christine has outlined are tough instances to deal with.
I have prosecuted many individuals who have been on both sides of a neighborhood quabble, which have included neighbors who threw items against house windows, broke mailboxes, lit certain foliage on fire and yes, even crashed their cars into their neighbor's cars to inflict damage. The cases I have won have always been due to the fact that there were witnesses or visual evidence of some kind that confirmed without a reasonable doubt that the neighbors in question were responsible.
But here we have an instance that occured during the day, out of the sight of the owners, and which had zero witnesses whatsoever. Yet Christine is probably 100% sure (and is probably correct in assuming) that her neighbors are responsible for the slashed tires.
There are two things you can do at this point, Christine.
First (and this is me being a responsible LAWYER telling you this)...you can first try talking to your neighbors and asking them if they know anything about what happened. Most likely they will say no. In the event they deny having any knowledge you can then call the local police and file a report about the vandalism. In the event your neighbors do this again and you can provide proof to the local authorities (pictures, witnesses, et al) then the first instance will most likely be attributed to the neighbors and they'll be held responsible for both. Via the law, this is your only realistic option.
Secondly (and this is me telling you what you can do as a FRIEND who "knows the law")...you should get friends or family with digital cameras to hide around your house and train their cameras on your home. Then, take those garbage pails and fill them with kerosene or gas of some kind, push them in front of your neighbors house (while making sure there are no witnesses who aren't friends of yours) and light them on fire. If you can push them into the bushes of your neighbor's house, even better. Then wait for your neighbors to retaliate. When they do, you'll have video and visual evidence of them doing so and you may then call the police to report them. In this case, you should deny ever lighting their garbage pails on fire, and since your neighbors will not be as smart as you -- they will have no visual evidence to get you in trouble.
Alas, the tables will be turned, and you will get reimbursed for your car's tires and whatever additional damage they do to your house after watching their landscaping and garbage bins go up in flames.
Hope this helps!
Saturday, July 29, 2006
Friday, July 28, 2006
Back from the Edge
Some of you may not have realized or known that I got a job with the D.A.'s office here in Seattle back in December of 2005. Needless to say, my superiors were not keen on me doling out legal advice on this blog, no matter how amateurish I purported it to be. Thus, the radio silence for all these months.
Having decided about a month ago to end my job at the D.A.'s office and head back into private practice and pro-bono work, I have chosen to get back to the e-mails that have been piling up. Apparently there are a lot of you out there seeking free legal advice.
So, welcome back to me and welcome back to you. I hope I haven't disappointed you.
As always, please feel free to send me your recent questions and I'll answer them as best as I can.
Having decided about a month ago to end my job at the D.A.'s office and head back into private practice and pro-bono work, I have chosen to get back to the e-mails that have been piling up. Apparently there are a lot of you out there seeking free legal advice.
So, welcome back to me and welcome back to you. I hope I haven't disappointed you.
As always, please feel free to send me your recent questions and I'll answer them as best as I can.
My Friend Got A DWI
Larry writes, "A friend of mine got a DWI ( her first ) in Vancouver WA about 2 months ago, and is going through the motions with her attorney, attempting to get a deferral on her way back from north Idaho, she got stopped in the dalles Oregon and got another one yesterday, allegedly blowing a 2.4. My question is: what can she expect? Can she expect these 2 charges to merge while attempting to get things reduced to a manageable level? Does Washington share info like this with neighboring states such as Oregon? And of course the question that is really hanging over her, will she loose her license?"
Larry writes about a situation that plagues a lot of people who like to drink alcohol and then operate motor vehicles. Often, after receiving their first DWI and while going through the court proceedings (or mediations) they find themselves saddles with a second DWI. It's an unfortunate sequence of events that could possibly have been avoided had our friendly-neighborhood DWI'er simply refrained from doing the exact thing they recently got caught for.
But this is the real world we're dealing with... And these are real people. As your FRIEND (and not your legal counsel) I can tell you that if you are currently handling or dealing with charges that came out of getting caught for a DWI -- you should always carry a mixture of lemon juice and vinegar in your car. The combined citrus and noxious combination of both liquids, if swallowed, will cause your lungs and heart to facilitate a much lower result on a breathalizer. This is, obviously, something no one will normally tell you because it's against the law to cheat on such a thing. But as your FRIEND, I'm telling you that if you can't keep your hands off the sauce, your only next best bet is to have the equipment to fake a breathalizer.
But Larry's friend has a bigger problem. After chalking up one DWI she was absent-minded enough to let it happen a second time in a different state. Unfortunately, the two charges will merge unless she takes evasive action immediately by taking each and every piece of paperwork she gets in the mail regarding the DWI (from Oregon) and immediately burns them so there is no record whatsoever about them. This way, she can continue to deny that it was her driving her car if the authorities come knocking. Eventually, by the time the authorities put two and two together the first charge should be resolved and the second will not affect the first charges penalty phase.
As your LAWYER (the one who you must respect), my only advice is to stop the drinking and driving. As for the two charges, my official opinion is they will merge and the penalty of the first will be more damaging. Not to mention, Larry's friend's fine will be heftier and her license will be suspended.
But not if she burns all the paperwork. Which, in this case, seems like the best thing to do.
Larry writes about a situation that plagues a lot of people who like to drink alcohol and then operate motor vehicles. Often, after receiving their first DWI and while going through the court proceedings (or mediations) they find themselves saddles with a second DWI. It's an unfortunate sequence of events that could possibly have been avoided had our friendly-neighborhood DWI'er simply refrained from doing the exact thing they recently got caught for.
But this is the real world we're dealing with... And these are real people. As your FRIEND (and not your legal counsel) I can tell you that if you are currently handling or dealing with charges that came out of getting caught for a DWI -- you should always carry a mixture of lemon juice and vinegar in your car. The combined citrus and noxious combination of both liquids, if swallowed, will cause your lungs and heart to facilitate a much lower result on a breathalizer. This is, obviously, something no one will normally tell you because it's against the law to cheat on such a thing. But as your FRIEND, I'm telling you that if you can't keep your hands off the sauce, your only next best bet is to have the equipment to fake a breathalizer.
But Larry's friend has a bigger problem. After chalking up one DWI she was absent-minded enough to let it happen a second time in a different state. Unfortunately, the two charges will merge unless she takes evasive action immediately by taking each and every piece of paperwork she gets in the mail regarding the DWI (from Oregon) and immediately burns them so there is no record whatsoever about them. This way, she can continue to deny that it was her driving her car if the authorities come knocking. Eventually, by the time the authorities put two and two together the first charge should be resolved and the second will not affect the first charges penalty phase.
As your LAWYER (the one who you must respect), my only advice is to stop the drinking and driving. As for the two charges, my official opinion is they will merge and the penalty of the first will be more damaging. Not to mention, Larry's friend's fine will be heftier and her license will be suspended.
But not if she burns all the paperwork. Which, in this case, seems like the best thing to do.
Monday, October 10, 2005
Found Gun In Car
John E. writes: I am in a desperate situation, at least I think I am. Two weeks ago I went to a concert and when I got back to my car one of the windows had been broken out and I didn't think twice about it. I was pissed, of course, but what can you do? Can't possibly fingerprint a million pieces of broken glass. But that's not the big deal. The next day, when I went out to my car in the morning I noticed a gun sitting on the floor of the back seat of my car and so I picked it up with a glove on to see it more closely. When I put it back down on the floor of my car I could see red streaks on the glove -- I think it's blood. I haven't told anyone yet, but I wondered what I should do. What if the gun has been used in a crime and now it's in my possession?
First of all, John -- today's police investigators can actually take a thousand broken pieces of glass and pull fingerprints from them (I mean, you do watch CSI right?). Of course, the perpetrator probably used an item to break it or a fist or possibly even the gun itself so on this point we must move on -- that's not the serious issue here. The serious issue is the gun that someone tossed off into your car.
There are two ways you can go with this, John. First, I will give you my advice as a lawyer. My advice is that you contact your local police immediately and give them a statement. Tell me exactly what happened, when you noticed it, how you touched it -- EVERYTHING. They will be able to investigate and examine this firearm with exceptional detail and may possibly be able to connect this gun to a crime of some kind. The fact that there is blood on the gun itself is also another clue the police lab can use to check DNA and see if such DNA connects with anyone in the database. This would be the right thing to do on almost all counts.
Now I would like to give you my advice as a LAWYER. (The caps mean that I am giving you advice as someone who has seen many situations go in the wrong direction due to the flaws in the legal system.) My advice as a LAWYER would be to take that gun, wrap it in cloth, put it in a locked box of some kind, put that box in a bigger box and fill it with concrete, let it set, and take that concrete slab and rent a boat... Take that boat into the middle of a big ocean or lake (lake is preferable because it probably won't wash up to shore like it would in the ocean) and drop it into the water. The chances that anyone will ever find the gun and/or connect it to you is extremely rare. I tell you this because there have been instances in which people have come to the police and "said they found items such as this gun" and then have indirectly been prosecuted for crimes they did not commit. The chance this happens to you is rare, again let me say that -- but I suggest that the "getting rid of the gun in a slab of concrete in the middle of a dark lake" is the better choice.
I wish you the best of luck in your decision.
First of all, John -- today's police investigators can actually take a thousand broken pieces of glass and pull fingerprints from them (I mean, you do watch CSI right?). Of course, the perpetrator probably used an item to break it or a fist or possibly even the gun itself so on this point we must move on -- that's not the serious issue here. The serious issue is the gun that someone tossed off into your car.
There are two ways you can go with this, John. First, I will give you my advice as a lawyer. My advice is that you contact your local police immediately and give them a statement. Tell me exactly what happened, when you noticed it, how you touched it -- EVERYTHING. They will be able to investigate and examine this firearm with exceptional detail and may possibly be able to connect this gun to a crime of some kind. The fact that there is blood on the gun itself is also another clue the police lab can use to check DNA and see if such DNA connects with anyone in the database. This would be the right thing to do on almost all counts.
Now I would like to give you my advice as a LAWYER. (The caps mean that I am giving you advice as someone who has seen many situations go in the wrong direction due to the flaws in the legal system.) My advice as a LAWYER would be to take that gun, wrap it in cloth, put it in a locked box of some kind, put that box in a bigger box and fill it with concrete, let it set, and take that concrete slab and rent a boat... Take that boat into the middle of a big ocean or lake (lake is preferable because it probably won't wash up to shore like it would in the ocean) and drop it into the water. The chances that anyone will ever find the gun and/or connect it to you is extremely rare. I tell you this because there have been instances in which people have come to the police and "said they found items such as this gun" and then have indirectly been prosecuted for crimes they did not commit. The chance this happens to you is rare, again let me say that -- but I suggest that the "getting rid of the gun in a slab of concrete in the middle of a dark lake" is the better choice.
I wish you the best of luck in your decision.
Sunday, October 09, 2005
Getting a D.W.I.
Anonymous writes: "I got nailed with a DWI (driving while intoxicated) very recently after leaving a party with a friend of mine. I drove because my friend had way more than I had to drink yet I still had a couple of glasses of wine. I wasn't drunk at all but I leaned over to pick up a CD and swerved and got pulled over for that and when they smelled the wine on my breath they had me do the breathalizer. After spending the night in jail I got bailed out by my father who told me that there might be a way to lessen the penalty fee and/or punishment if I mention my friend had something to do with it. I don't want to do that but I wondered what options I might have barring having to pay a lawyer to help me out?"
Surprisingly, getting a DWI without any priors is more damaging to a person than a triple-murder suspect getting a DWI. Yes, that's right! But since you're not going to go out and kill three people to make this DWI go away (the prosecuters would rather charge you with triple homicide than a lame little DWI) you're going to have to deal with this one head-on.
Your father is right in one way. If you must go to court and you do not have the money for a lawyer (which happens on TV all the time so believe me that this is true) you will be appointed one by the court. Now, if you can convince this court appointed lawyer that you are the other person (i.e., your friend), which can be accomplished through the use of fake I.D.s and what not (which I'm not encouraging, by the way) you may be able to convince them that your friend is really you. A switch like this, which happens often due to mistakes in booking practices, could cause your friend (who was under the influence as well) to be charged for the DWI and allow you to get off scott-free. But the more realistic option is to convince your court appointed counselor that your breath smells like wine all the time and that you have chronic asthma.
An asthmatic who has breath that smells like wine can also appear to be a driver under the influence due to the lack of breath and wine-scented odor -- but cannot be charged for a DWI. Such a legal precedent has been set in the past (Yasner v. Cook County, PA is one case to refer to) where an asthmatic was believed to be under the influence while she was, in fact, simply having chronic shortness of breath. She got off, and so can you.
Surprisingly, getting a DWI without any priors is more damaging to a person than a triple-murder suspect getting a DWI. Yes, that's right! But since you're not going to go out and kill three people to make this DWI go away (the prosecuters would rather charge you with triple homicide than a lame little DWI) you're going to have to deal with this one head-on.
Your father is right in one way. If you must go to court and you do not have the money for a lawyer (which happens on TV all the time so believe me that this is true) you will be appointed one by the court. Now, if you can convince this court appointed lawyer that you are the other person (i.e., your friend), which can be accomplished through the use of fake I.D.s and what not (which I'm not encouraging, by the way) you may be able to convince them that your friend is really you. A switch like this, which happens often due to mistakes in booking practices, could cause your friend (who was under the influence as well) to be charged for the DWI and allow you to get off scott-free. But the more realistic option is to convince your court appointed counselor that your breath smells like wine all the time and that you have chronic asthma.
An asthmatic who has breath that smells like wine can also appear to be a driver under the influence due to the lack of breath and wine-scented odor -- but cannot be charged for a DWI. Such a legal precedent has been set in the past (Yasner v. Cook County, PA is one case to refer to) where an asthmatic was believed to be under the influence while she was, in fact, simply having chronic shortness of breath. She got off, and so can you.
Legal Advice For The Rest of Us!
The United States is the most litigious country on the face of the Earth, if not in the entire Universe (although I couldn't possibly prove this fact, even in a court of law).
This means one thing for over 94% of the American Public -- that they cannot afford lawyers. That they cannot afford the absolutely ridiculous fees (I charge $325 per hour and that's not even the average) that lawyers charge for simple advice, simple answers and simple suggestions.
It's time that such practices be changed.
I have been planning to start this blog for sometime so that people would have somewhere to go in which to get answers to their legal questions without ever having to drop a dime on advice. Yet there were issues I had to resolve first. I had to ensure that my current employer would not find out about my free advice site as well as that it was totally legal. Such research has driven me to make the following disclaimer:
Disclaimer: The advice given on Amateur Legal Advice should be taken as advice only. Any information retrieved from this site is simply for entertainment purposes and it is up to the reader whether or not to use said advice. The author of this site is not responsible for what readers do with this advice or the outcome of any of their actions.
You should also be aware that my education in the legal field has been culled from a variety of educational and real-world experiences, practice legal knowledge and a variety of modern day media programs.
With that in mind, please feel free to submit any and all legal questions you may have -- but be aware that I will be posting your questions and answers on this site. If you prefer that your name is not used, please inform me of that as well.
Now let's help some people!
This means one thing for over 94% of the American Public -- that they cannot afford lawyers. That they cannot afford the absolutely ridiculous fees (I charge $325 per hour and that's not even the average) that lawyers charge for simple advice, simple answers and simple suggestions.
It's time that such practices be changed.
I have been planning to start this blog for sometime so that people would have somewhere to go in which to get answers to their legal questions without ever having to drop a dime on advice. Yet there were issues I had to resolve first. I had to ensure that my current employer would not find out about my free advice site as well as that it was totally legal. Such research has driven me to make the following disclaimer:
Disclaimer: The advice given on Amateur Legal Advice should be taken as advice only. Any information retrieved from this site is simply for entertainment purposes and it is up to the reader whether or not to use said advice. The author of this site is not responsible for what readers do with this advice or the outcome of any of their actions.
You should also be aware that my education in the legal field has been culled from a variety of educational and real-world experiences, practice legal knowledge and a variety of modern day media programs.
With that in mind, please feel free to submit any and all legal questions you may have -- but be aware that I will be posting your questions and answers on this site. If you prefer that your name is not used, please inform me of that as well.
Now let's help some people!
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