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lurker Offline
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Post: #26
RE: Legal Q&A Thread
(04-11-2013 11:14 PM)Tuthmosis Wrote:  What are the legal implications of running video (or audio) in your home to protect yourself from false rape accusations or other legal risks stemming from otherwise ethical, and legal, behavior as a bachelor?

I'm hearing conflicting reports--some stating it's categorically illegal, others that it can be legal under certain circumstances. Still others report that it varies by jurisdiction.

Whatever the case, the only media I have ever taken has been created with the full knowledge and consent of the participant(s).

It varies by jurisdiction. Some states require two-party consent for any recording, others are OK with one-party consent. Check your local laws. Linda Tripp got in trouble for this for tape recording Monica Lewinsky's stories of alpha male dress staining.
04-11-2013 11:46 PM
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lurker Offline
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Post: #27
RE: Legal Q&A Thread
(04-11-2013 11:20 PM)RXB Wrote:  I’m starting a sole proprietorship for my blog to get a tax write off from the money I put into it. Is this a good idea, or is there something else that you'd recommend?

Entity that shit up. There's no real reason to have a business form that doesn't have liability protection, even if you can't foresee ever needing it. You want an LLC or S-Corp, depending on the state, and in 49 of 50 states an LLC is generally the better choice.

Bonus: A lot of banks are now offering checking account incentives, like free money. I started some LLCs once and got more free from the banks I opened accounts with than I paid in state fees. All you need is an IRS EIN.

Once you have an entity with a bank account, keep your finances separate. The company's money is the company's. Yours is yours. At tax time it all passes through, but you don't open yourself up to risk of loss.
04-11-2013 11:50 PM
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NY Digital Offline
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Post: #28
RE: Legal Q&A Thread
(04-11-2013 11:46 PM)lurker Wrote:  It varies by jurisdiction. Some states require two-party consent for any recording, others are OK with one-party consent. Check your local laws. Linda Tripp got in trouble for this for tape recording Monica Lewinsky's stories of alpha male dress staining.

what about in a case? let's say you record yourself having sex with every woman without them knowing.

you get accused of rape and go to court and show them the tape showing consent.

would you still get charged for invasion of privacy?

and, not sure if I need to ask this, but, would the video hold up as evidence?
04-11-2013 11:59 PM
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Viata Offline
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Post: #29
RE: Legal Q&A Thread
Why sending a dick pic is so very severely punished, while Paris Hilton who spreaded around the world videos with her sucking various guys' dicks in those "sex tapes" was never charged for anything? What's the difference? After all Paris Hilton spreaded erected dicks around whole US and the world..

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04-12-2013 01:57 AM
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lurker Offline
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Post: #30
RE: Legal Q&A Thread
(04-11-2013 11:59 PM)NY Digital Wrote:  what about in a case? let's say you record yourself having sex with every woman without them knowing.

you get accused of rape and go to court and show them the tape showing consent.

would you still get charged for invasion of privacy?

and, not sure if I need to ask this, but, would the video hold up as evidence?

Merenguero would probably be the better choice to answer this one, but I'd make damn sure I brought it out well before any court date - like I would show it to my lawyer as soon as possible after I got together with him (before which I would shut up and not answer ANY police questions), and then he and I would sit down with the DA, police, and the complaining witness (from the defense perspective, NEVER "victim") and all watch it together. Maybe this is a suboptimal strategy, but I would rather attempt to short-circuit the possibility of trial altogether, especially in a charged atmosphere like a rape case. DAs are SUPPOSED to be searching for truth, not crusading. On the other hand, crusader DAs don't like getting bitchslapped by clear and convincing evidence of innocence.

As a side, I would watch it pretty carefully first to see if it supported my innocence - that it unequivocally shows her consenting, able to consent, enjoying herself, etc.

Would you still get charged? It's possible, but it beats a rape conviction.

Would the video hold up as evidence in the courtroom? Video can come in as long as anybody familiar with the video can authenticate it. That can be as easy as you taking the stand and describing what the video is as it's playing -

Atty: Do you recognize this video?
You: Yes.
Atty: Can you describe it for the jury?
You: It's my bedroom at [address]. It was taken on [date] at [time]. (Note: timestamps would probably be a good idea.) The naked guy is me. The naked girl moaning is [chick]. Those curtains were a gift from my mother.
04-12-2013 02:09 AM
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lurker Offline
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Post: #31
RE: Legal Q&A Thread
(04-12-2013 01:57 AM)Viata Wrote:  Why sending a dick pic is so very severely punished, while Paris Hilton who spreaded around the world videos with her sucking various guys' dicks in those "sex tapes" was never charged for anything? What's the difference? After all Paris Hilton spreaded erected dicks around whole US and the world..

That whole thing was tongue in cheek. You're never going to get punished for sending a dick pic. The 2257 statute is designed to combat gray area underage porn like the Traci Lords situation a couple decades ago. The only prosecutions for sexting we've seen involve minors.
04-12-2013 02:11 AM
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Katatonic Offline
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Post: #32
RE: Legal Q&A Thread
(04-11-2013 08:58 PM)kickboxer Wrote:  Hmm that's what I thought. The only issue is money laundering. One would need a talented accountant.

Open up a psychic shop. I believe those and tattoo parlors are the most popular money laundering fronts in existence. I believe that laundering and tax evasion have very similar penalties, so basically it's a pick your poison scenario. Don't know which is more difficult to prosecute.

As for the home buying question, you could also find an owner who is willing to carry the note at an inflated interest rate.

PS If you ever feel the heat coming on, fire your CPA and have your attorney immediately hire them so your CPA is under the attorney-client umbrella(I think that's the proper term).
(This post was last modified: 04-12-2013 03:14 AM by Katatonic.)
04-12-2013 03:12 AM
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Viata Offline
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Post: #33
RE: Legal Q&A Thread
If 2 americans get married in Slovenia, their divorce will be possible only in Slovenia? And which laws will apply? A prenuptial agreement made in slovenia before a notary will be 100% safe or it will depend on the mercy of some feminist jury which still can take half of your wealth despite the prenuptial agreement?

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04-12-2013 03:38 AM
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soup Offline
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Post: #34
RE: Legal Q&A Thread
(04-11-2013 11:44 PM)lurker Wrote:  
(04-11-2013 09:53 PM)soup Wrote:  Here's another one for the RVF legal team:

If you "pay" a prostitute in fake money, is it still technically prostitution?

This is for all the guys out there who get off on the kink of boning a whore, but want to maintain the dignity of saying they got the notch without p4p.

Probably. You're even worse off on the counterfeit money.

But what if it is prop money- the kind they use on a movie set. It works because you've had a lot to drink with the whore and maybe she's not looking closely at the $.

IS that illegal?

Is it illegal to give your girlfriend money? Isn't that technically prositution? You could be giving her money to maintain sexual doiminance.
04-12-2013 04:38 AM
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Walderschmidt Offline
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Post: #35
RE: Legal Q&A Thread
(04-12-2013 04:38 AM)soup Wrote:  But what if it is prop money- the kind they use on a movie set. It works because you've had a lot to drink with the whore and maybe she's not looking closely at the $.

IS that illegal?

Is it illegal to give your girlfriend money? Isn't that technically prositution? You could be giving her money to maintain sexual doiminance.

Somebody's got to pay for the strap-ons!
04-12-2013 04:45 AM
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uni Offline
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Post: #36
RE: Legal Q&A Thread
Isn't exactly the definition of Discrimination as the law defines it,

the very common situation when a club charges entrance 40 $ for the men, and FREE entry for the ladies.

This is clear discrimination based on the gender,
still nobody is punishing it yet, which I can't understand it.
04-12-2013 06:31 AM
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lurker Offline
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Post: #37
RE: Legal Q&A Thread
(04-12-2013 06:31 AM)uni Wrote:  Isn't exactly the definition of Discrimination as the law defines it,

the very common situation when a club charges entrance 40 $ for the men, and FREE entry for the ladies.

This is clear discrimination based on the gender,
still nobody is punishing it yet, which I can't understand it.

This is an amusing issue with split authority depending on state. In CA it violates the Unruh Civil Rights Act (no surprise there). Check these sources out:

http://en.wikipedia.org/wiki/Ladies'_night
http://www.slate.com/articles/news_and_p...d_t_1.html
http://www.lasvegassun.com/news/2011/jul...ins-legal/
http://legallad.quickanddirtytips.com/is...legal.aspx
04-12-2013 10:52 AM
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lurker Offline
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RE: Legal Q&A Thread
(04-12-2013 03:12 AM)Katatonic Wrote:  PS If you ever feel the heat coming on, fire your CPA and have your attorney immediately hire them so your CPA is under the attorney-client umbrella(I think that's the proper term).

If you think you're going to feel heat, hire a CPA who is an attorney. Same reason.
04-12-2013 10:54 AM
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Post: #39
RE: Legal Q&A Thread
(04-12-2013 04:38 AM)soup Wrote:  
(04-11-2013 11:44 PM)lurker Wrote:  
(04-11-2013 09:53 PM)soup Wrote:  Here's another one for the RVF legal team:

If you "pay" a prostitute in fake money, is it still technically prostitution?

This is for all the guys out there who get off on the kink of boning a whore, but want to maintain the dignity of saying they got the notch without p4p.

Probably. You're even worse off on the counterfeit money.

But what if it is prop money- the kind they use on a movie set. It works because you've had a lot to drink with the whore and maybe she's not looking closely at the $.

IS that illegal?

Is it illegal to give your girlfriend money? Isn't that technically prositution? You could be giving her money to maintain sexual doiminance.

Can you imagine the wailing and gnashing of teeth if a law was passed making it illegal to give your GF money on prostitution grounds? It would be like a firestorm of Amanda Marcotte spew.
04-12-2013 10:57 AM
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soup Offline
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RE: Legal Q&A Thread
(04-12-2013 04:45 AM)Walderschmidt Wrote:  
(04-12-2013 04:38 AM)soup Wrote:  But what if it is prop money- the kind they use on a movie set. It works because you've had a lot to drink with the whore and maybe she's not looking closely at the $.

IS that illegal?

Is it illegal to give your girlfriend money? Isn't that technically prositution? You could be giving her money to maintain sexual doiminance.

Somebody's got to pay for the strap-ons!

For the record, I think this guy is referring to the avatar I have when I wrote that (it's the guy who doesn't want to "feel UNMANLY for enjoying his girlfriend's strap-on).
(This post was last modified: 04-12-2013 11:03 AM by soup.)
04-12-2013 11:03 AM
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Walderschmidt Offline
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RE: Legal Q&A Thread
(04-12-2013 11:03 AM)soup Wrote:  For the record, I think this guy is referring to the avatar I have when I wrote that (it's the guy who doesn't want to "feel UNMANLY for enjoying his girlfriend's strap-on).

Bingo!
04-12-2013 11:04 AM
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Walderschmidt Offline
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RE: Legal Q&A Thread
(04-12-2013 10:57 AM)lurker Wrote:  Can you imagine the wailing and gnashing of teeth if a law was passed making it illegal to give your GF money on prostitution grounds? It would be like a firestorm of Amanda Marcotte spew.

Feminists actually have to bite the bullet and practice what they preach? Being independent? Paying for their own bills? Paying for their own meals? No more alimony awarded?

Can you imagine that? God forbid!
04-12-2013 11:06 AM
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el mechanico Offline
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RE: Legal Q&A Thread
Here's one..How long do warrants last? Traffic and misdemeanor missed court appearances.
(This post was last modified: 04-12-2013 11:11 AM by el mechanico.)
04-12-2013 11:11 AM
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Merenguero Offline
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RE: Legal Q&A Thread
(04-12-2013 11:11 AM)el mechanico Wrote:  Here's one..How long do warrants last? Traffic and misdemeanor missed court appearances.

Where I am, they last forever. When I first first started practicing, I had a client who was arrested on a twenty-one year old warrant for failure to appear in court for an incarcerable traffic citation. Whether the police would be able to find an outstanding warrant from twenty, thirty, or forty years ago is a whole other story. When I run people's names, I often find cases from the 80's, sometimes find cases from the 70's, but never find cases from the 60's.
04-12-2013 11:34 AM
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Kickb Away
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Post: #45
RE: Legal Q&A Thread
You guys need to buy a sign like this.

I'm free to record anything I want!


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(This post was last modified: 04-12-2013 11:41 AM by Kickb.)
04-12-2013 11:40 AM
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el mechanico Offline
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RE: Legal Q&A Thread
(04-12-2013 11:34 AM)Merenguero Wrote:  
(04-12-2013 11:11 AM)el mechanico Wrote:  Here's one..How long do warrants last? Traffic and misdemeanor missed court appearances.

Where I am, they last forever. When I first first started practicing, I had a client who was arrested on a twenty-one year old warrant for failure to appear in court for an incarcerable traffic citation. Whether the police would be able to find an outstanding warrant from twenty, thirty, or forty years ago is a whole other story. When I run people's names, I often find cases from the 80's, sometimes find cases from the 70's, but never find cases from the 60's.
Dang! Can you settle these things or just forget it and don't go back? I think I have about 12 warrants six in Jersey for sure with a couple blown off court appearances
04-12-2013 11:40 AM
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Merenguero Offline
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RE: Legal Q&A Thread
(04-12-2013 03:38 AM)Viata Wrote:  If 2 americans get married in Slovenia, their divorce will be possible only in Slovenia? And which laws will apply? A prenuptial agreement made in slovenia before a notary will be 100% safe or it will depend on the mercy of some feminist jury which still can take half of your wealth despite the prenuptial agreement?

If two Americans get married in Slovenia, the divorce should be filed in the place where they are living at the time of the filing. If they got married in Slovenia, but have been continuously living in a particular state of the United States the requisite period of time (often several months or a year), the divorce can be filed in the state where they are living. In my state, one or both of the parties must be living here for one year immediately prior to the filing of the divorce. It doesn't matter where the parties are married. When people are also citizens or residents of another country, the divorce can also be filed in that country.

Courts in the United States can, but do not always, accept divorces which were obtained in foreign countries as long as those divorces were in compliance with all applicable laws of the country which granted the divorce. I often see these Dominican Republic divorces advertised in the United States as a way to obtain a divorce quickly and to get around the divorce laws of the United States. The problem with these divorces is that Dominican law requires at least one of the parties to be in Court at the time of the divorce. Often, neither party leaves the United States for this type of divorce and the divorce is therefore not in compliance with Dominican law and its validity could be easily contested in a United States court. A bit of personal experience there.

As for your question about the pre-nup, even if it were made in Slovenia, the United States court would still have jurisdication over determining its validity if the divorce is filed in the United States. The factors which determine its validity are whether it is freely and voluntarily entered into, whether there is a full and frank disclosure of all assets, whether it is fair and equitable, and whether both parties are advised of their right, though not the necessity of obtaining counsel.
04-12-2013 11:48 AM
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Merenguero Offline
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RE: Legal Q&A Thread
(04-12-2013 11:40 AM)el mechanico Wrote:  
(04-12-2013 11:34 AM)Merenguero Wrote:  
(04-12-2013 11:11 AM)el mechanico Wrote:  Here's one..How long do warrants last? Traffic and misdemeanor missed court appearances.

Where I am, they last forever. When I first first started practicing, I had a client who was arrested on a twenty-one year old warrant for failure to appear in court for an incarcerable traffic citation. Whether the police would be able to find an outstanding warrant from twenty, thirty, or forty years ago is a whole other story. When I run people's names, I often find cases from the 80's, sometimes find cases from the 70's, but never find cases from the 60's.
Dang! Can you settle these things or just forget it and don't go back? I think I have about 12 warrants six in Jersey for sure with a couple blown off court appearances

Where I am, the solution is to file what is known as a Motion to Quash Bench Warrant. The Motion should state that your reason for failing to appear in court (if any), should state that you have fixed employment, a fixed address, that you have no other pending cases (if true), that you are not on parole or probation (if true), that you are not a flight risk, and that you have every intention of turning yourself in in the event that the Motion is not granted. If such a Motion is granted (they almost always are because it means less work for everyone), the Court recalls the bench warrant and gives you a new court date. Old cases almost always go away (recent cases usually go away if you are doing what you are supposed to). You generally have to appear in court for those old cases, but it is almost always just a formality, because the Defendants almost always walk. I'm admitted to the New Jersey Bar, but I really don't know if Motions to Quash even exist there. If you can't quash a New Jersey warrant, the only option may be to turn yourself in.
04-12-2013 11:54 AM
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Katatonic Offline
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Post: #49
RE: Legal Q&A Thread
(04-12-2013 10:54 AM)lurker Wrote:  
(04-12-2013 03:12 AM)Katatonic Wrote:  PS If you ever feel the heat coming on, fire your CPA and have your attorney immediately hire them so your CPA is under the attorney-client umbrella(I think that's the proper term).

If you think you're going to feel heat, hire a CPA who is an attorney. Same reason.

The only reason I suggest the other way, is the vast amounts of $$$ you save with a regular CPA.
04-12-2013 12:03 PM
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Kickb Away
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RE: Legal Q&A Thread
Does my sign make it legal for me to record activities in my bedroom?
04-12-2013 12:08 PM
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