Law Questions and Answers

Punishment for looking at child pornography?

I live in New York and it is rumored that the man who basically moved next door be fired from his job because he be caught looking and child pornography on the internet. I do not know where he used to work so i own no way of finding out if it's true. If it is true, wouldn't he own been punished surrounded by some way surrounded by court? Do you know what the typical punishment is for looking at child pornography? Is there a opening to find out if he was punished? i've already checked the sex perpetrator registry and he's not on it. Thanks!
Answers: http://codes.ohio.gov/orc/2907.32
in Ohio specifically 2907.322 Pandering sexually oriented business involving a minor.

"Advertise for sale or dissemination, put on the market, distribute, transport, disseminate, exhibit, or display any material that shows a minor participating or adjectives in sexual distraction, masturbation, or bestiality"
2nd degree felony
He would merely be punished by law if the statute knew in the region of it.

It's quite possible that his bosses only just fired him and never told the police.

Richard
Chances are he didn't face criminal bustle. He could have a short time ago been fired--and that be the extent of it. Merely viewing pornography does not make one a sex criminal. You have to commit a sexual assault surrounded by order to draw from there.

And relying on neighborhood rumors to adjudicate a person is not a amazingly good consider. How would you feel if you be judged by rumors?

** Note: This is a nonspecific discussion of the subject matter of your cross-question and not legal suggestion. Local laws or your precise situation may change the nonspecific rules. For a specific answer to your question you should consult legitimate counsel with whom you can discuss adjectives the facts of your case. **
His employer is probably not rightfully required to report him; he was probably consent to go for violate company policy. IF charges were file, they would be with the county clerk's bureau in the county where on earth the office is; check beside them.

PUnsihment varies a ton base on who,what when where and why
Rumor? Don't be too hasty contained by judgment on the proof of rumor. If he's not on the sex offender record, that says something. Don't execute this guy's reputation based on rumor!

Legal question on state charters?

What take president? The original state charter, or court rulings after the charter?
Answers: Court rulings after the charter are the ruling precedent.
"precedent".

And what do you connote by a "State Charter"? Do you mean the State Constitution?

The State Constitution is a States primary regulation. Nothing (Except the Federal Constitution) takes precedence over it.

Court rulings are interpretations of the Constitution, so they don't purloin precedence OVER it, they're just the court aphorism "This is what that part of the Constitution means".

Richard

How do I fix my works with a "modicum of creativity" within a "tangible medium"?

Do I enjoy to go to a plublisher? Can I do it from home?
Answers: I filch it you are looking to copyright something that you have written or are planning on writing/recording/filming.

Modicum of Creativity = at lowest a little creative and not a total snoozefest

Tangible = something that can be touched

Medium = broadsheet, CD, DVD, 16mm, 8mm, and VHS video are all examples of Media (Media person the Latin plural of Medium)

Broadcasting something live over the radio without tape it would not be considered as having fixed what be broadcast in physical medium no issue how creative the content. While printing a copy of the Declaration of Independence in 12pt Times New Roman on standard white serious newspaper would not be considered as having a modicum creativity. (Now if you did it on stone carved surrounded by calligraphy and added etchings of the signers' heads around the edge - that would be creative.)

So, be original, but not boring, as to what you write and put it written with ink (by mitt or by File > Print). Of course you could also dictate it into an audio recording device. No thing what you do, a good suggestion, if you don't use a digital format that provides a date stamp, is to craft a copy and mail it to yourself via the post department and then when you go and get it back - don't unfurl it - the sealed envelope is proof as to the work existing in the past a certain date as indicated by the postmark.

Related Trivia - J. K. Rowling wrote the Harry Potter series contained by long hand! Last year when they have all those restrictions on fetch on items and she was flying home to the UK she threaten to return by boat if they didn't permit her carry on her individual copy of the last Harry Potter book manuscript. Most writers are not so brave as to hold only one copy of their work. Back up normally or at least photocopy.

(c) 2007 - An Episcopalian+Anglican
;-)
A drawing? Already done.
A book? Already done?
Music? Either write the score down printed or record the music.

Richard
The definition of "fixed" is contained by the U.S. Copyright Laws (i.e., Title 17 of the US Code).

--A work is “fixed” in a concrete medium of expression when its epitome in a copy or phonorecord, by or beneath the authority of the author, is sufficiently permanent or stable to area monopoly it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration.

A work consisting of sounds, imagery, or both, that are being transmitted, is “fixed” for purposes of this title if a fixation of the work is man made simultaneously with its nouns.--

http://www.copyright.gov/title17/92chap1...

In short, the term "fixed" may include any medium. Examples include paper, CDs, DVDs, motion picture, and the like.

A work does not inevitability to be published to be considered "fixed." Unpublished works are also entitled to copyright protection.
save the wallet and it is fixed. make it something more later a list, such as you will find surrounded by a phone book, and you have a modicum of creativity.

not really a high-ranking bar to cross.

Help! I am being sued for 3300. Will they convey me to Jail if I can't pay?

I am mortal sued for 3300 dollars for a Gateway computer I brought seven years ago. I was immature at the time. I can't remember but I think I be 17 at the time. I have a position but I don't make that much money. I am the sole provider of my household which includes my mother and two younger sisters. I don't hold the money to pay, what should I do? Will they dispatch me to jail if I can't retribution? Will they garnish my wages or audit my charge return? I am so scared, I can't afford a advocate. What is the worse they can do? I know I owe the money and I want to pay but I basically don't have it and I told the general public thats sueing me this. Please help.
Answers: No you will not jump to jail. However, I would start compiling a deprivation letter to present to the court to minimize your wage garnishment. Contact endorsed aide and see if they will be willing to enjoy a lawyer assist you or represent you within court.

First of all, cite apologetically to the court and to Gateway.

Honorable Judge and Gateway Company,

Please adopt my apologies for failure to repay my debt as I realize you trusted me with unloading payment for products and services from your esteemed company on fitting faith by extending me credit.

Unfortunately, even near my best intentions to pay the debt, my living circumstances changed. I am the sole provider of my household which includes my mother and two younger sisters.

I enjoy included proof of my financial circumstances (utility bills, mortgage or rent pay, adjectives other bills where you expend money, average food bill, electricity, vigour and car insruance, vehicle payments, etc.)

Make sure you create a line item of respectively average per month or per week or bi-weekly on a separate pice of paper labeled expenditures (how ever you receive paid through your payroll), and copy of your final 3 months of payroll stubs or a letter statement on company letterhead that cites your proceeds per average paycheck and any other form of income (child support, state aide, savings and checking accounts if you enjoy them). If you do not have stash or checking, write it down you do not have them

The purpose of pulling this adjectives together is to show proof of financial strain, which will help judgement to minimize how much will be garnish from you payroll.. Going in prepared and apologetic will backing the judge look for a while more favorable as opposed to nil at all.

Good luck and much prayers.

cut : You may attempt a negotiation, but most companies will want a lump sum up front pay-off. Based on the comment "I don't have the money to pay", I am guessing you will not own the ability to pay cheque a range of $1,320 to $2,200 lump sum they will most probable ask, to have them write sour the balance. Why I am suggesting you grasp documents justifying your income vs. expenses to show how little you can afford. The judge may after garnish a satisfactory amount so as to not over burden the cost of living and create a larger hardship on you. Whatever the mediate rules, then the company must abide by or choose to spend more money to appeal the ruling, which at that amount, masses companies then wish it is not worth appealing as they do not want to out weigh the cost of attorney fees above the cost of recovering what they can get within the existing judgement.

The sooner you can pay bad the judgement, the sooner you can get it discharged and record on your credit file as compensated off.

p.s. There is no statute curb on credit collection. As long as your loan account is sold from one company to another, they can pursue you for years surrounded by hopes you will eventually come into money to pay them. I know one from 15 years ago that was still live on the credit books as it was sold 4 separate times to anotehr collection agency.

I in recent times realized you said you may enjoy been 17. You necessitate to find your original agreement papers and bring your birth qualification. If you were truly age 17, your state may own laws more or less Credit being extended to a minor child if age 18 is the age of celebrated legal full-grown status. Some are age 21. If indeed you were a minor at the time, they may hold illegally given you a credit consideration which could be discharged by the judge as properly uncollectable.

If you cannot locate your original agreement, still bring your birth cert to court and Gateway will enjoy to still furnish proof of the original contract agreement surrounded by which you can ask the court to determine your legal age status to get hold of a credit account next to Gateway

edti add: The loophole on the credit statute is the certainty it is not in notion the same report number originally bought. It was most likley sold from credit agency to credit agency if it extended beyond the 7 years. Meaning, the loan is "re-created" to another company and they convert your account number, etc. However, if it be the same company beside the same report number beyond the 7 years, then the statute would own expired. That is why I referred to the one case that be still active for over 15 years because it have been sold 4 times surrounded by the course of the time.

Also, the court would not have allowed a file without substantiating (confirming) the legitimacy of the file to minimize "frivoluous" claims. The fact they file it, Gateway most likely have a feeling they are within their official means per the State's statutes as companies of their size themselves do not want to frivously spend their money on collection. We know the estimated age of when you obtained the loan, but we do not know your current age and how long ago you made the purchase. We assumed the loan may hold extended more than 7 years ago.

In addition, the $3,300 may be accrue interests of the unpaid account. The arbiter may determine to reduce the amount any to the original purchase price or a number contained by between and the court costs after you prove your hardship. When you create your difficulty letter, stir have it notarized. This will be rightfully recognized as a statement of true certainty from you, known as an affidavit statement. If you come to an agreement direct beside Gateway, make that your priority bill to be remunerated timely no matter what. If you come to an agreement next to the courts, then you MUST settle up it on time for the duration of the judgement. Failure to do so would be comtempt of a court ruling which could create further harsh conditions.

I failed to mention, you must include a copy of your end 4 years tax returns within your finance report so an average return amount can be determined
THERE ARE NO DEBITOR'S PRISONS IN THE US.

Depending on the state you live surrounded by, they can PROBABLY garnish your paycheck and possibly attach your export tax return and in a worst armour atttach a bank picture. Check with your state's legally recognized aid to make sure of what they can and can't do justifiably
Will they send me to reformatory if I can't pay? - No. There is no debtors prison surrounded by the US

Will they garnish my wages - They may do this if state canon allows. They may also attach your bank accounts.

or audit my import tax return? - Only the IRS can audit your tax returns.

I can't afford a legal representative. - Try legal aide and contact the local shaft association for pro bono lawyers within your area.

What is the worse they can do? - See above.

There are two things that may relieve you:
1. The debt is old. There is a statute of limitations that comes surrounded by to play. Look at http://www.fair-debt-collection.com/
2. You were underage when you signed the contract.

Again, a advocate can help you sort this out.
First and foremost, they cannot convey you to jail.

Second, achieve a lawyer. RIght past its sell-by date the bat I see two potential defenses against this suit, but they need to be raise in a timely carriage. You may get this cleared minus paying anything except the lawyer, which will be a great deal less than 3 regal.
Nope. There's no such thing as a debtor's prison surrounded by the US. Once they get a pronouncement, they MIGHT be able to side dishes your wages, depending on the state--some states don't allow garnishment of wages except for child support. They can't audit your tax return.

You should check the statute of limitations where on earth you live. They might have file the suit late.

** Note: This is a broad discussion of the subject matter of your interview and not legal proposal. Local laws or your finicky situation may change the nonspecific rules. For a specific answer to your question you should consult allowed counsel with whom you can discuss adjectives the facts of your case. **
You will not travel to jail. However, If a acumen is obtained from a court against you consequently you will be responsible for the $3,300 judgment, accrue interest, and attorney fees. You will be required to appear in court to disclose your financial and employment information to the plaintiff and the court

The best article you can do is to try to negotiate with the plaintiff and brand name an offer on how you will settle the situation before the casing reaches the court room. Don't sort the plaintiff use the public enforcement mechanism to collect on the result. Try to resolve the matter diplomatically because judgment do appear on credit records and it will be firm for you to get loans to buy a house or a motor. Should you choose to do something like that contained by the future.

I live surrounded by Michigan and I know that a garnishment order can be ordered on paychecks or state income charge returns, Writ of executions can be ordered by the court to seize property, and drivers license can be suspended until a judgment is compensated in it's entirety.

You may consider looking for second living. Good luck to you
Hmmm,. it sounds like you might enjoy a couple of "outs", your age at the time you bought it and the fact it have been seven years (statute of limitations on lawsuits). If you cannot afford an attorney, at hand are legal aid office (e.g. in florida here is "North Florida Legal Services" ) that specialize in civil engagements such as this.

Bankruptcy might also be an option which could extinguish the debt. I hesitate to ever recommend this but I am guessing your credit is shot already because of this unpaid debt. You could chitchat about this as capably to a Legal Aid attorney as I am not a bankruptcy attorney. This alternative should always be a later resort.

If you are not open to that, perchance call Gateway and ask if they will settle for a slighter amount and/or agree to small monthly payments. I am sure they have a attorney and his number will be on the bottom of the civil complaint they filed against you. Tell him your situation and present to send him a copy of your repay stubs and your bills as proof you do not have the present fitness to pay much toward the debt.

If they do agree, MAKE THE PAYMENTS DO NOT agree to an amount you cannot settle now within your current situation. (not yelling merely emphasis). If they agree, they will only do it once and if you break your word, they will step after you harder.

Don't worry, you cannot shift to jail for this character of unsecured debt. Also they cannot audit your tax return but could possibly garnishing against a refund. Good luck.

Working Hours for minors? (WA)?

I'm a sixteen year old worker from Washington and I simply found out that my boss scheduled me to work from 5 am to 11am. I be wondering if this breaks any type of infractions for the time I'm allowed to work? I know the latest I can work is midnight but when is the earliest?
Answers: I don't reason there is a delineate on how early you can work. You can just work 4 hours on school days, but on non university days they can schedule you for an 8 hour shift, as long as you don't progress over 20 hours in a week. During the summer (and perchance on school breaks) you can work a 40 hour week.
Four hours is the cut-off date for a minor of ANY age. And you CANNOT work during school hours - your parents would gain charged for truancy and go to penal complex.

How do u know if your being harrassed by a police officer?

Answers: If you don't know if you are one harrassed, then you aren't.
You know you are mortal harrassed by a police officer if you happen to hold to blurt out:

"Don't tase me Bro! Don't TASE ME, Bro!!! DON"T TASE ME BRO!!!"

And he tases you anyway. That's harrassment.
My husband knew he be being stressed out when the cops elbow smashed him in the facade. And he knew he be being tense at the station, later, when a phone book land up side his head. You know when it happen to you.

How do I establish child support for my son?

My son's father and I had in words decided on child support. He have maybe salaried me like $40 dollars since May. I considered necessary to get this enforced and enjoy it on paper through the courts. I don't own money for a lawyer and I be wondering how I petition the courts for it. I live in Virginia. I am desperate.
Answers: Take a look at the following links.
Hope this help.
You don't have to hold an attorney to file for child support.. You can do adjectives this without one. The attorneys individual come in handy if you want to increase or shrink the findings of the courts but the courts will enforce payment of their findings. Just set up a Support audible range.

FYI.. they will also help you contained by collecting your past vocal agreement of the back support.. You merely need to get hold of this in front of the regard as being.
You really have two option:
1. Read the Virgina code until you feel you fully get the message it and then do it yourself
2. Find a attorney. Start with the local dowel association in your nouns. They should refer you to groups that provide free or low cost legal suggestion.

If you are on any type of public assistance, the state will get the money from him.
Good luck!

http://www.supportguidelines.com/links.h...

http://www.denbighlaw.com/childsupport_s...

https://newhirereporting.com/va-newhire/...
Looks close to country gal has get that one covered for you Erin.Hang in in that, it will get better.
Wishing you adjectives the best,Bubba.
Regardless of how you file for support be it through the courts or through your local child support enforcement organization you will have to payment a fee. The application payment for the child support office is usually cheap, and within some instances can be waived. Gather up adjectives of child's fathers information that you enjoy such as his resident address, job address, phone number, birth date, and if you enjoy it his social. Also gather your child's information such as your son's social protection card, birth certificate, etc. Go to your local child support bureau and fill out an application. Be sure to enjoy your pay stubs handy as all right as other relevant information such as childcare expenses, medical expenses, etc. as you will need adjectives of that information once the office sets up a court date. I am not sure how much space I enjoy to respond here so feel free to email me near any questions and I will assistance you as much as I can.

It was not a fraud, technically?

A credit card scam is foiled when the casualty cancels his card, call the store it was used within, and gets a full description of the criminal from them.

The police say that as he will not lose any money, the store will not lose any commodities, and the bank will pick up the bill, no crime have been commited.

God bless the incompetent British Bobby.

Views?
Answers: Generally the canon obtaining surrounded by common tenet countries is that a person charged for attempting to commit crime if successfully prosecuted win the same punishment as prescribed for the offense. Lets not grasp carried away with the police interpretation as its a general behavior of the police to dodge the victim as far as possible. This dodging if successful do not give to the number of crimes committed in their respective jurisdiction which enables them to present verbs slate to their superiors and ultimately entitles them to receive incentives and promotions for policing the area effectively.
Cops - be they British or American - are VERY poor guides as to what the canon is.

The fact that the attempt to defraud be unsuccessful makes no difference at adjectives to it's illegality.

I suggest you go to the police station and speak to a supervisor.

Richard
What an earth-shattering, universe-altering dilemma.


Seriously..are you a Star Trek disciple by chance?
It is a fraud, if the wall have to pick up the bill, they hold been robbed by fraud.
Even if it be an unsuccessful fraud, attempted fraud is still a crime.
Whatever qualities police call for to get their job, I don't think lofty intelligence is one of them.
This is not to say that no police officer are highly intelligent, masses are, it is just not a requirement.
Hi in that,

there is an misdeed committed under the Crminal Attempts Act 1980, but what amounts to an attempt vary from crime to crime.

The offence is attempting to get your hands on a pecuniary advantage by ruse contrary to Section 16 Theft Act 1968 (Offence) and Section 1 of the criminal attepmts act 1980 (attempt).

The usual rule on attempts is that an attempt to commit a crime is successful when adjectives is done by the criminal to achieve his criminal pause whether successful or noty (R-v-Eagle), but in some cases i.e. poisoning cases and others, the crime is committed (attempted crime) when the character engages on a course of conduct (R-v-White). For example the attempt to wipe out by slow poisoning is committed the very first time poison is tipped inmto a cup of tea for instance even though it may require 10 cups of tea to exterminate. The person have shown their desire to kill by poisoning on the immensely first attempt.

As to the attempted credit card fraud, the fraudster tried all he could to dupe one person the mom,ent he sent the details over. The reality that he/she was not believed is neither here nor near. They tried it and showed their criminal intent.

Kind regards

Michael Cavanagh

How does the american dream differ for immigrants and inhabitants born in the US?

Answers: a unbroken different angle of light for speedy eye movement
It depends on the time period.

The American Dream be conceived during the Great Depression. It's the idealistic prospect of everything being how it should be--a nice house within the subburbs, husband, wife, two kids (boy girl) and a pet. It's the white picket fence landscape. All Americans aspired to live like that because it be the ideal--esp in a time that have so much going wrong.

Immigrants at the time were trying to gain freedom and acceptance. People were coming over through Elis Island trying to variety a new start on their woeful lives. They dreamt of have that idealistic estimation as well--house and kids--but it was more convincing. They didn't need to be wealthy--they jsut needed to be free and enjoy some sort of income. It was a class item.

Nowadays, the views are fundamentally skewed. It's more objective now--everyone have their own view of what's idyllic and what's not. Some people estimation getting married as the dream, and some view have a mansion. The American dream isn't nearly as important as it used to be. The undamaged idea trailing it, though, is getting what's perfect.
*Immigrants hold more Federal and State grants undo to them in this country than if you be born here.

Something to ponder?

could the real aim we can't have the Ten Commandments posted within a courthouse is this: You cannot post "Thou Shalt Not Steal," "Thou Shalt Not Commit Adultery," and "Thou Shall Not Lie" in a building full of lawyer, judges and politicians...It creates a hostile work environment.
Answers: Dear nobody would idea to displaying the ten commandments in any court because it scarcely makes any difference to court I tight-fisted judges, lawyer and the litigants because after all the the regulation has not be framed on some principles of morality but based upon the legislative intent of the parliament/congress. Human beings are not best. Even consciously aware of the commands they still err and the displaying of the commandments would do no accurate to any. Giving an example just see how citizens behave while lowering down the coffin in the graveyard. Nearly all of the present are ashamed of the sins they are occupied in or enjoy committed. It appears that everybody in the funeral procession is remembering God and seeking His mercy. But the moment they step out God is again forgotten and the nervousness vanishes as respectively resume his business of life.
No, the TRUE reason is that the 1st Amendment of the Constitution prohibits governing body from showing favoritism towards any religion over another religion, or religion in standard over non-religion.

However, the 10 Commandments could be posted as part of a historical display which includes other documents of historical significance as long as none is shown favor over another.
Good point!

I remember citizens saying that one grounds people like Bill Clinton was that he made them perceive comfortable. They didn't have to live up to a standard since he didn't. (I know - here comes the thumbs downs but I deduce it has truthfulness!)
Funny how everyone hates lawyer until they need one! Just remember a attorney is an educated mouthpiece that know the law. Without a client hiring him/her to do what they do, a attorney will not do a thing!

No one ever blames the clients, purely the lawyers.

This is a popular quote used against lawyer but the origin is relatively different than what is quoted and true!

http://www.okbar.org/public/judges/spspe...

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