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  #11 (permalink)  
Old 03-10-2008, 04:04 PM
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Quote:
Originally Posted by GentleGrace View Post
Geez, its about TIME you caught it. Was beginning to wonder if you ever would (Thats my story and I'm sticking to it). BTW, I edited nearly ALL my other ones for mistakes more stupid than that. KEEP UP, man!! Took ya long enough.

That pales in comparison to "The giving of legal advice by law". Half credit?
True, but I think that my typo which you previously pounced on (the erroneous addition of a single letter) pales in comparison to your earlier error in this thread, and is more akin to your misspelling of the word "inflammatory" below.

Hopefully we can cut each other some slack with regard to grammar, spelling, punctuation, etc. We all make such mistakes from time to time, but not all of us have time to proofread before posting. Substance over form...

Quote:
But, since the truth is out--that I am only MARGINALLY perfect, I have a question for you. On another posting I was [color=black]trying to explain to this guy about sine qua non being used in determining factual causality---and how it points to the first action and whether you could reasonably predict a particular outcome--does the first action have to be criminal? or just inflamatory? Does that make sense?
You lost me. Sine qua non simply means "but for." It's a term generally used when discussing negligence. There are no conduct requirements to be the "but for" cause of something.

Quote:
In his posting, his wife was more or less heckling a bartender, who mouthed off and then it went down hill from there and a big fight ensued and he was arrested. My question is ( I could look it up, but my books are still packed and I don't want to tell him incorrectly) does the first action have to be criminal?
Does the first action have to be criminal in order for it to be the "but for" cause of something? Nope. In fact, I would guess that few negligence suits claim that the defendant's conduct was criminal.

Quote:
Mouthing off isn't criminal, but I believe he could reasonably predict it would have led to a fight? So, if not for his/her actions, the fight never would have happened and they clearly did not avail themselves of other options for avoiding conflict.
Perhaps. But mouthing off to somebody doesn't give that other person a defense for assault/battery. I don't understand where you're going with that line of reasoning.
  #12 (permalink)  
Old 03-10-2008, 04:34 PM
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I have never taken issue with your postings, until you took issue with me PERSONALLY. Appreciable difference.

It is readily apparent we have difficulty communicating with each other, so I'll say little else but thank you for your time and ask that you disregard the question.

I could easily explain my question more precisely, since for whatever reason, (probably my hasty presentation) what I was attempting to ask wasn't understood. But, the reality is that naturally, you will take issue with anything I say, no matter what it is, and I can easily think of a dozen better uses for my time.

I am sure you could say the same of yours.

You do serve as an example to me though. You remind me that when I reach the point where you are, and hang a sign outside of an office door with ESQUIRE on it, not to forget the path that brought me to that place, the sacrifices I made, the courage and determination it took to get there, and not hold those who walk the same in lesser regard because they have not yet reached the end of their journey, as you so clearly do.

Last edited by GentleGrace : 03-10-2008 at 05:57 PM.
  #13 (permalink)  
Old 03-10-2008, 06:07 PM
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Originally Posted by GentleGrace View Post
I have never taken issue with your postings, until you took issue with me PERSONALLY. Appreciable difference.
Grace, I'll give it to you straight up: You often write your posts in a condescending manner, and you are often wrong. Those two traits are annoying when combined, and you have rubbed me the wrong way at times. IMO you should write with more humility.

An excellent example:

Quote:
Dear God. Do you REALLY think that EVERYONE who goes bankrupt sits down over coffee with their creditor??? You do NOT "meet with creditors"----perhaps a fine Russian tea, perhaps? YOU give your attorney the names, addresses, notes, etc. that YOU owe your creditors and HE or SHE contacts them and handles his portion of the paperwork. How do you get original notes? You go to the folder you kept your paper work in----you of legal age an and adult, right?? Just take a mosey over to your folder in which you keep critical documents and grab 'em. Want to verify they are the holders in due course? Look at your last bill from them. Is their name still there? Have you received notification to the contrary ( i.e. that the note was sold to another holder, etc)----Elementary.

This tutorial brought to you by Watson.
Maybe you intended that post as playful, but it came across as patronizing (at least to me). On top of that, you had no idea of what you were talking about. When you make posts like that, you are begging to be put in your place. That said, I don't take issue with you personally. I'm sure you're a very smart law student (I think I once read that you're a law student) and will make a fine lawyer one day. But you don't yet have enough knowledge to humbly realize that you still know next to nothing.

Quote:
It is readily apparent we have difficulty communicating with each other, so I'll say little else but thank you for your time and ask that you disregard the question.

I could easily explain my question more precisely, since for whatever reason, (probably my hasty presentation) what I was attempting to ask wasn't understood. But, the reality is that naturally, you will take issue with anything I say, no matter what it is, and I can easily think of a dozen better uses for my time.

I am sure you could say the same of yours.
Feel free to explain your question -- I don't mind helping. I know the thread you are talking about, but the posts were too long for me to get involved. I don't have that much free time. I do think that you headed down the wrong path by discussing sine qua non and the State's police power.

Quote:
You do serve as an example to me though. You remind me that when I reach the point where you are, and hang a sign outside of an office door with ESQUIRE on it, not to forget the path that brought me to that place, the sacrifices I made, the courage and determination it took to get there, and not hold those who walk the same in lesser regard because they have not yet reached the end of their journey.
I don't hold you in lesser regard, and even if I did, it would not be because you have not yet graduated from law school or passed a bar exam. By the time you get to this portion of my post, you'll know why I sometimes come across as abrasive to you.
  #14 (permalink)  
Old 03-10-2008, 09:43 PM
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I really am surprised both at this unlikely hijacking of a thread that had nothing whatsoever to do with your opinion of me, as well as your intention to make something personal so very public. But, since you appear determined to continue, shall we? (with my apologizes to the original poster as well as other forum users).

Interesting you assume it is your distinction to determine what 'my place' is. I am afraid to ask on what authority you base your right to determine anyone's place anywhere at any time. Your gender? Your education? Your appearance? Do tell what exactly offers you such a superior vantage point to assist in determining anyones 'place', least of all, mine. Sexist, too? Be still my heart. It's enough to make me positively, well, swoon--or something like that. How I have managed to reach this ripe old age without ANYONE determining 'my place' for me is nothing short of a miracle. Thank GOD a perfect stranger on an anonymous message board stepped in (cue copious tears of joy).

Your first error was in assuming it mattered to me WHAT you thought. Your opinion of me matters to me as much as my opinion of YOU should matter to YOU.

The day anyone's opinion of me online matters to me in the least, you will be the first person to whom a memo will be sent, assuming, of course, I can see you kneeling from your example of self-imposed humility.

You are nothing short of a paragon of virtue.
  #15 (permalink)  
Old 03-11-2008, 12:49 PM
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Wow ur such a smoothe talker. You must be old and wrinkly.

How many times do i have to say, I didn't have *** with a minor. I WAS a minor. ERNT TRY AGAIN.

and you know nothing of bandwidth so, try again.

who the hell would use these forums? your not helping at all, just arguing. no one even tried to help the guy who was beat with a baton. your SITE is a waste of bandwidth

you wont ever see me post here again
  #16 (permalink)  
Old 03-11-2008, 01:21 PM
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Quote:
Originally Posted by StigmaShadow View Post

who the hell would use these forums? your not helping at all, just arguing. no one even tried to help the guy who was beat with a baton. your SITE is a waste of bandwidth

you wont ever see me post here again
Part of the problem is that your post is too long (as is the post by the guy who got hit with a baton). Most people don't like to read more than a couple of short paragraphs.

Quote:
About 3 days ago, 2 police cars came to my house to serve a warrant for my arrest for stalking. I was not at the house at the time they arrived, and was told when I was seen to turn myself in. They said I would turn myself in, sign papers, and then walk out an hour or so later.

About 10 minutes later, I had my friend drive me to the courthouse to turn myself in. I got in the back and the door shut, and I was read what I did.


I supposedly sent a girl a text message reading "if you don't answer the phone I'm going to kill you", and called her about 15x in a row, and was charged with stalking, and set up a protective order from her and her family. I have no car, no transportation, and no need to stalk a girl who's father is pressing charges against me.

My bond was set at $3,000 dollars. I eventually bonded out about 4 or so hours later, and went home.

Now, here is the background of the entire case.



About 3 years ago I began dating a girl who's father did not like me. (She was 15, I was 17) We struggled for about a year and a half until we fell apart. About a year into our relationship he started telling me she didn't want to see me anymore and that I was ruining her life. We continued talking of course, I knew this was false, and she admitted it was too. In the next year, he really began to dislike me. I've seen him drive by my house for no reason, a few times a week. He left me two threatening messages on the house answering machine (which were deleted on accident), in which he said "if you dont move back to where you came from, you'll wish you did". Or something along that lines. At that time I was in high school, and my grandmother took the recordings to the resource officer and principal at school. They listened to them, and I honestly don't remember what they said. But a few days later, she moved to a different school.

A year later, here I am, charged with what I said to her while we were dating, (warrant says 4/1/07 to 2/25/08) while she was madly in love with me, sending me dirty pictures, sneaking me into her house.


Does anyone have any legal advice for me? I want this man to have to at least sit in jail for 4 hours like I did. He actually watched my house and threatened me over recordings. (Which I plan on going to my old high school to talk to the resource officer and principle) I don't understand how I'm being charged with this. Someone please help!

And another bit of information....

My warrant says my hearing date is 3/17/08.
Recognizance (which lists my charge) says my hearing date is 3/19/08.
I was told my arraignment was 3/19/08.
Everything in grey is irrelevant and doesn't need to be in the post. The bottom line is that you are accused of stalking, and you think that it's unfair for you to be prosecuted considering that you think the father is guilty of stalking as well.

Here's what you can do: (1) Get a lawyer with regard to your charges, and (2) ask the police/DA to press charges against the father. Unfortunately, the latter possibility is not very likely to happen. Cops and DAs don't generally have problems with fathers protecting their little girls (that may be an unfair characterization of the facts, but it's how they'll probably see it). Good luck.

Last edited by jdmba : 03-11-2008 at 01:27 PM.
  #17 (permalink)  
Old 03-11-2008, 05:24 PM
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Old and wrinkly? My studly specimen of young virility, I have to soak in water to simply apply my clothing daily. It is just THAT bad. I suffer so. How astute of you to gather that from my speech. ( You did forget to mention fat, ugly, and stupid--those are my particular favorites!) Toss in a few 'neener neeners' and I'll be ALL set. *brushing off hands*

But, I digress.

Notice the quotes below and the ones in red from my postings:

Here's what you can do: (1) Get a lawyer with regard to your charges, and (2) ask the police/DA to press charges against the father. If he did say those things, have HIM charged as he did you ( but be prepared to prove it.)

Unfortunately, the latter possibility is not very likely to happen. Cops and DAs don't generally have problems with fathers protecting their little girls (that may be an unfair characterization of the facts, but it's how they'll probably see it). " I can see the court fully on the side of a desperate father, madly trying to keep his minor aged daughter from harm."

Potato, po-tot-ooo.

Also, Skipper, another thing you might want to consider---the age of consent. States have ages of consent---most are 16, and you said she was 15. Furthermore, many states have laws AGAINST MINORS having *** one with another. AND, since you paint the father as a vindicitve spiteful man, he could say you DID have *** with her after you turned 18. What would the court believe? "Oh, this nice young man had *** with this other child but his MORALITY and CHARACTER made him STOP once he turned 18?" Allrighty then.

Now, add THAT to the death threats--and well, I suspect you could be viewed in a very unfavorable light. If it had just been the underaged s3x, that would be one thing. But toss the death threats and other inspidness in there and a jury could easily believe you had s3x with a minor--IF the father wanted to rattle that sabre. After all, don't the phone calls pretty much provide a pretty damning glimpse of the man (cough) that
you are in the first place?

The gist is---you have a lot to lose. The first thing I'd hope for is your attitude.
  #18 (permalink)  
Old 03-11-2008, 06:40 PM
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Regardless your not a lawyer, and I spoke to mine today, and charges should be dropped.

Alas, get a life. Stop arguing with boys as myself. =)
  #19 (permalink)  
Old 03-11-2008, 08:59 PM
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My dear, I'm not arguing. How can you argue with someone who has no position to defend? I'm trying to impress upon you the possible ramifications of your actions since it is nothing short of a tragedy that there is no one in your life who apparently cares enough to do the same. I find it regrettable that you have noone in your life who expected and who expects better of you than immorality and childish death threats when you don't get your way.

"you wont ever see me post here again"

Short term memory problems? I may be old and wrinkly, but I sure remember what I posted three hours ago.

It's ok, really. I get that a lot::airy wave of hand::: You have no idea the cross I bear being so incredibly and simply irresistable. (dabbing tears from under eyelashes)

They really SHOULD name a candy bar after me. You couldn't buy any though. Jdmba, the newly elected president of my fan club, would wait all night in the sleet, snow and rain to snatch up EVERY one. I'm afraid the line would start behind him.

*cheeky grin*
  #20 (permalink)  
Old 03-11-2008, 10:38 PM
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how long does it take moderators to erase dead threads? lol

oh yeh, thats you
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