r/Ask_Lawyers • • 9h ago

Double Jeopardy (1999), and why the lawyer should be in prison for bad advice

16 Upvotes

According to Wikipedia:

Although Nick's body is not found, Libby is convicted of murder. Her motive is assumed to be a $2 million life insurance policy and her alleged knowledge that Nick was under investigation for embezzlement. Libby asks Angela to adopt Matty and care for him while she is in prison. When Angela stops bringing Matty to visit, Libby tracks Angela to San Francisco, obtaining her address and phone from school staff, calling on the prison's payphone and demanding to speak with Matty. During their conversation, Nick enters Angela's apartment and Matty calls out, "Daddy!" before the phone disconnects; Libby realizes Nick is alive and faked his death.

Inmate Margaret, a former lawyer, advises her to get paroled, and says that Libby can kill Nick with impunity due to the Double Jeopardy Clause in the US Constitution, meaning she cannot be convicted of the same murder twice. Libby spends her prison time exercising instead of loitering.

Emphasis added.

Correct me if I'm wrong, but killing the husband would be a new set of facts, and as such, a new crime. Double jeopardy would not apply. Am I wrong?


r/Ask_Lawyers • • 15h ago

Why does it look like the state Supreme Court is just lawyers fighting disbarment?

4 Upvotes

There is an incredibly high percentage of state Supreme Court cases that are simply lawyers fighting disbarment for what typically seems like valid reason reasons. Is that the case?


r/Ask_Lawyers • • 42m ago

How do you determine mental capacity?

• Upvotes

Hi. If an 80 year old wants to transfer property over to his or her child, what types of mental capacity tests will you use? If any at all?


r/Ask_Lawyers • • 55m ago

Those who went entered law for money, how much do you make? do you regret it?

• Upvotes

r/Ask_Lawyers • • 16h ago

Lawyers, how do you feel about clients who think they know better, and any tips on how to work with such clients?

2 Upvotes

r/Ask_Lawyers • • 8h ago

I need help finding a lawyer in NYC for legal guide

1 Upvotes

Location: New York City

I am looking to find a lawyer or at least some useful leads to find one. I am in a frustrating situation where my workplace has slowly become a hostile environment due to several coworkers, and management is getting upset with me because they hurt their own egos through their own actions and try to shift the blame onto me. When that did not work, they started spreading rumors and retracting previous agreements in an attempt to punish me for things I did not do or say. It is all high school drama, but they are now doing things that would easily get anyone else fired. However, due to nepotism, nationalistic pride, and the owners being misled, it has shifted toward me for no reason. I am not taking this from a small company. I I have been trying to remain professional, but at this point, they have made it personal. I feel like things have gone too far and some that I know are afraid. The other half are probably benefiting, so they play innocent; if you know anything that could help, it would be greatly appreciated


r/Ask_Lawyers • • 11h ago

Jail time over miscalculated speeding in North Dakota?

1 Upvotes

A few years ago right after getting my license in Canada, I drove across the border into North Dakota with family. I took over driving after crossing the border at night and didn't realize the car's digital speedometer was switched to miles, so I was driving around 110 mph in a rural town thinking it was 110 km/h. Got pulled over almost immediately.

Got cited for Class B Misdemeanor Reckless Driving, plus a minor ticket because a younger cousin was sleeping without a seatbelt in the backseat.

I paid the seatbelt and speeding fines right away. The cop said I could do court hearing over Zoom, but the judge denied my Zoom request. As a broke student, I couldn't afford to travel back to court, missed the date, and got a bench warrant.

It’s been almost 3 years and I need to get this sorted out, but every ND defense lawyer I call tells me something completely different:

  • A few say they can handle everything and quash the warrant by waiving my appearance so I don't have to visit North Dakota.
  • Some say I HAVE to appear in person to quash it.
  • A couple told me I have no choice but to surrender, spend time in jail, and post bail first.

I'm really confused. Can an attorney actually quash a 3-year-old misdemeanor warrant without me physically going to ND? Or will the judge force me to turn myself in and do jail time (I also don't want to get assaulted in Jail) ?Also, what are the odds of getting a Class B reckless driving charge reduced to a non-criminal ticket for my case?

I'm not a seeking legal guidance on my case, just trying to understand general legal procedure and why local attorneys give such conflicting answers for misdemeanor warrants, and if I actually have to surrender at the border and spend time in Jail.


r/Ask_Lawyers • • 13h ago

How much merit does this have?

1 Upvotes

I'm having an argument about why Trump lost all the lawsuits about election fraud in 2020/2021.

My understanding was that they lost because there was no evidence of voter fraud, and that's why the judges dismissed the cases right away.

Their argument is that the lawsuits got dismissed for other reasons (they list things like failed to meet the legal bar, lack of standing, filing too late, mootness), so because there was no "fair day in court" with evidentiary hearing, we can't know for sure that there weren't any evidence.

Is any of this 1. True, and 2. Relevant?

Like, wouldn't lack of standing by default mean that there is a lack of evidence? And if the reasons listed above are true, couldn't Trump just make new lawsuits later, that meet the legal bar?


r/Ask_Lawyers • • 16h ago

Never really practiced law,(just 1.5 years of practice) have a law degree from the UK, passed the bar, admitted as an advocate and solicitor in malaysia, is there hope to try a career in law again?

1 Upvotes

I graduated from law school almost 12 years ago and passed the bar in the UK. From there, I went on to complete my chambering in malaysia and then practised law for 1.5 years. ( a very short time obviously). I had to stop practise for a number of reasons. At the time, the pay was not enough for me to survive and deal with a lot of family responsibilities that fell into my hands. I somehow pivoted my career into becoming an EA and Office Manager. I have worked in many industries including manufacturing, aviation etc. I have been doing this for 11 years.

I wanted to get some insight from practising lawyers in Sydney. I moved here recently and I have been feeling like I want to give law a chance again. I am thinking in house with a corporation. Do you think its too late ? I have contacted the LPAB on what I need to do to "practise" here but I am just wondering if this ship has sailed. I am 35 years old. Are there steps I can take to put my foot in? part time paralegal work ?

Feeling a little hopeless and stuck. Appreciate your thoughts and feedback!!!


r/Ask_Lawyers • • 17h ago

Need ma unemployment lawyer

1 Upvotes

I worked as a Recovery Specialist at High Point Treatment Center, beginning March 30, 2026. I have about 18 years of experience in caregiving, direct support, and behavioral health work, and I took pride in doing more than the minimum. During my first two and a half months at High Point, clients gave me four staff appreciation notes. A supervisor told me I was doing too much because, if higher-ups saw how much I cleaned, they might expect the other Recovery Specialists to do the same.
I took PFML leave and returned to work. My PFML claim was approved only after I was terminated and appealed; because I had worked at High Point for a short time, my employment had to be confirmed. I was fired less than three weeks after returning. I had also been dealing with health issues after a serious e-bike accident on June 9, 2026, including headaches, memory problems, and concussion-related concerns. The accident is still being investigated. High Point knew about my symptoms and that I had a medical appointment coming up. Ron and Stacey knew I was going to see my doctor about accommodations, and I did see the doctor.
When I was fired, I was given less than two minutes in the meeting and could not meaningfully explain myself. It felt as though the decision had already been made. Before that, I was suspended from Friday through Monday. I was not promptly told I was suspended or given a clear explanation at the time. I was also given a reason for my termination that I believe was untrue. I believe I was the only employee disciplined, and I am concerned that the explanation and handling of the situation may have been part of a cover-up. I would like help reviewing the records and determining what actually happened.
There was also a serious safety and privacy issue. I was involved in a domestic violence situation and never expected the person involved to show up at my workplace. He claimed to be my husband, although I have never been married. I do not understand why High Point accepted that claim without checking his identity, and I am concerned that staff gave him information about my whereabouts. I would like this investigated, including what information was shared and with whom.
I am also owed wages. I would like an attorney to review whether my termination or treatment involved retaliation related to my PFML leave, disability discrimination, or failure to address my accommodation request, as well as any other employment or wage violations. I would also like advice about possible reinstatement and recovery of any wages or other compensation I am owed. I can provide dates, messages, leave paperwork, medical records, suspension and termination information, and the client appreciation notes.


r/Ask_Lawyers • • 17h ago

Need MA unemployment lawyer

1 Upvotes

I am looking for an employment attorney to review my termination from High Point Treatment Center, my medical leave and PFML history, the way my accommodation request was handled, a safety and privacy incident at work, and wages I believe I am still owed.
I started working at High Point Treatment Center as a Recovery Specialist on March 30, 2026. I supported people in treatment, including overnight safety monitoring, wellness checks, documentation, de-escalation, and helping clients engage with treatment. I brought about 18 years of caregiving and direct-support experience to the job. During my first two and a half months, clients gave me four staff appreciation notes. I also put a lot of effort into keeping the work area clean and supporting clients. I was told that I “did too much” because management might expect other Recovery Specialists to clean as much as I did.
On June 9, 2026, I was in a serious e-bike accident while leaving work. The accident caused significant head and facial injuries, including a concussion and skull fractures, and I have continued to experience headaches and memory problems. The accident is still being investigated. High Point knew about the accident and my medical issues. I took medical leave and applied for Massachusetts Paid Family and Medical Leave (PFML).
My PFML application was initially denied or delayed because my High Point employment and wages were not properly counted or verified. I appealed and provided documentation. The benefit was approved only after I had already been terminated. I am concerned about the effect of the missing employment information and the timing of what happened after my leave.
After I returned to work, I was suspended during an investigation. The suspension began around a Friday, and I was initially not clearly told that I had been suspended or why. I understand I was taken off the schedule around August 8 and later told the suspension was pending an investigation. I believe I had worked an unusually long stretch of overnight shifts before the incident—possibly as many as 13 nights in a row. The allegation I understood was that I had fallen asleep in a chair for about 25 minutes around 3 a.m. after my work was completed. I have also heard there may have been another allegation involving a coworker, and I would like an attorney to review the exact allegations and records. I believe other overnight employees had also slept at work without being disciplined in the same way, and I was the only person punished. I would like that comparison investigated.
While this was happening, I was dealing with ongoing symptoms from the accident. Ron and Stacey knew I planned to see my doctor about accommodations, and I did go to the appointment. I told them my doctor wanted to discuss accommodations related to my health. At my termination meeting, I had very little opportunity to respond. The meeting lasted less than two minutes, and I felt the decision had already been made. When I mentioned the doctor and accommodations, I was told words to the effect of, “Your health is more important than any job.” I was terminated shortly afterward.
There was also a serious safety and privacy issue. A man connected to a past domestic-violence situation showed up at High Point and falsely claimed to be my husband. I have never been married. I did not expect him to come to my workplace, and I was concerned that staff gave him information about whether I was there or where I was. I do not know exactly what information was disclosed or what he told staff, but I am concerned High Point did not verify his identity before speaking with him. The incident created safety concerns for me. I would like an attorney to help determine what happened, who spoke with him, and whether the center followed appropriate privacy and safety practices.
I also believe there are wage issues that need review. I believe I am owed pay for a double shift or overtime work, and for about 30 Relias training modules that I understood would be paid. I worked very long shifts at times, including a shift I recall running roughly from 11 p.m. until 3 p.m. the following day. I no longer have access to my UKG account or work email, so I may need help obtaining my time records, schedules, payroll records, training records, and personnel file.
I am asking an attorney to assess whether the timing and circumstances raise concerns about PFML retaliation, disability discrimination, failure to consider reasonable accommodations, unequal discipline, wrongful termination, wage violations, or other employment protections. I understand those are issues for an attorney to evaluate; I am not claiming I already know what legal claims apply. I want help obtaining and preserving the records, understanding the employer’s stated reasons for firing me, determining what wages are owed, and deciding what steps I should take.
I have records related to my employment, leave, PFML application and appeal, return to work, suspension, termination, schedules, and training. I can provide those and clarify the timeline. My records should be checked for the exact dates, because I have described the termination as occurring around August 21, 2026, and I want to verify the precise return-to-work and termination dates against the documents.


r/Ask_Lawyers • • 23h ago

How do law firms find and choose cases for class action suits?

1 Upvotes

Fair warning, my knowledge mostly comes from getting Better Call Saul, mesothelioma TV ads, and random $1.20 payouts I've gotten.

On BCS, in the course of his exploits, Saul happens upon a situation in an assisted living home that's ripe for a class action suit. I imagine this is dramatized, but it left me wondering how a case like that would even be identified in real life, especially since lay people don't usually even know what would constitute a viable case.

How do lawyers and law firms find these cases? Do they actively investigate and seek them out? Do they wait for people to come to consultations with appropriate cases? Some combination of both?


r/Ask_Lawyers • • 1h ago

Renting from a Renter

• Upvotes

I recently agreed to rent a locker from someone who is renting the locker from a ski area. I paid $700 for this seasonal ski locker. I’m wondering if it is solely mine to use since I’m renting it? This was not specifically discussed and we agreed to the rental over text. This is taking place in the state of Colorado.


r/Ask_Lawyers • • 3h ago

Dealer ship problems

0 Upvotes

I live in central NJ and recently bought a used truck in PA from a dealership. After only a few days one of my wheels felt a REALLY bumpy and I noticed a fluid leaking underneath my car. I took it to the mechanic and he said he really surprised how I was still alive because the lug nuts were not tightened on the wheel. This of course caused damage to the rims and other wheel components. It absolutely shredded the threads and egged the rims. The repair will might cost me $600 and the transmission repairs could cost me thousands. The car was never advertised to have transmission issues or really any issues at all. It was sold as is to me for $5000. AND I haven’t received my title yet. Is there any lawyers in my area or in Allentown PA that could help me? Do I even have a case?


r/Ask_Lawyers • • 6h ago

Ten yr old dui

0 Upvotes

This is a little lengthy so I truly apologize but I wanted to make sure that I answered all the questions I would ask if someone told me a story similar to mine. Anyway, any information would be helpful. I'm not looking for empathy of any sort. I honestly just want to know if there's a way to prevent this sort of thing from happening again by shedding light on these practices through publication and media. Anyway here it goes:

I was going through some old paperwork after a house fire when I found my old court papers from a DUI I received ten years ago. I got it after the hospital I took an injured 60 yr old neighbor received an anonymous tip (at least that's what the steering officer said). I pulled out of the parking lot and was blue lighted immediately. I was dumb-founded because I didn't have time to break the law. I pulled out right into the correct lane. I didn't swerve. I was completely sober. It was 2 am when I was leaving but I live in SC so we don't have a lot of night life in my town.

I was confused but I pulled right over, seatbelt still in tact (I never go without wearing these). The officer told me he got a tip that someone under the influence would be leaving the hospital parking lot. Now the man I took the hospital was an alcoholic the majority of his life and tended to slur due to the damage to his motor functions. If you're sensetive to these things, he does sound kinda drunk. The nurses didn't seem at all sympathetic to the man despite him falling on a hardwood floor with a steel rod surgically placed in his spine after a diagnosis of severe stenosis some years back. He was released without any prescription for physical therapy or something to treat muscle spasms which I figured might be an issue for someone like this in his condition. Any falls I've had riddled me with muscle spasms myself and I was much younger and healthier than he was. But we weren't sure what to do other than schedule an appointment with his regular physician and treat his pain with heat and ice.

We got in his SUV to head back toward his house after he was discharged. I was driving his vehicle since mine had recently kicked the bucket. I was blue lighted immediately upon pulling out of the parking lot at a little after 2 am. I was given a standard sobriety test (as far as I know) and passed everything except walking a straight line which I haven't been able to do ever. As a kid, I often ran into the walls going down the hallway in my house. I have da tendency to not turn on the hallway light and found myself bouncing of the walls like a pinball because there was no natural light to illuminate the way either. My grandparents would laugh about it a lot. They heard thumps all the time, asked me if I was okay, made fun of me for a second, then went about the rest of the day.

I would also like to mention that my equilibrium suffered a blow when my tragus ring ball fell and got stuck in my ear while sleeping one night. I woke up completely def in my left ear. I was scheduled to go see my regular doc but it worked its way out before my appointment so I cancelled it and forgot all about it.

I tried to explain these things to the officer but I figure he's heard every excuse and couldn't care less about it so I just did my best to comply with his requests and answer any questions he asked. I was extremely cooperative.

I blew into a breathalizer that detected absolutely nothing alcoholic on my breath. So, they put my wrists together in front of me, slapped the cuffs on, and buckled me into put the front seat of the cruiser and took me in for a urine test. I wasn't sure what to do, so I have a sample.

Now I was prescribed Klonopin for my severe anxiety at the time but never drove after taking a needed dose. I hadn't taken one in over 3 days since the effects seem to linger. After the test, the arresting officer told me I had traces in my urine and was being charged with DUI. I was released the a couple hours later after seeing the judge.

I went to court a few weeks later and was the first person asked to enter a plea. I decided I wanted a trial by jury because I knew I was innocent and felt this would prevail but as I sat there listening to everyone else in court pleading guilty and getting slaps on the wrist for major possession charges, domestic violence, drug trafficking, etc. this made me super nervous as if maybe I had screwed up and missed my chance at them dismissing the charges.

At the end of court, I raised my hand and stood up to say I I'd actually changed my mind and wanted to change my plea to guilty. I swear I saw the arresting officer trying to hide a satisfied smirk on his face as if he knew something I didn't. The image still irritates me to this day.

the judge slapped me with the max in fines and sentenced me to enroll in the the adsap program which I couldn't afford to attend. Heck, I couldn't afford a public defender either so that was another factor in the guilty plea. This all happened in July of 2016.

Anyway, fast forward to a couple nights ago. Looking at my papers the other night, I realized that my urine test was absolutely clear of all substances but I was charged anyway. I don't understand how this is legal or why they would want to arrest and charge an innocent person. And even worse, the guy's car got impounded even though he wasn't arrested which made no sense to me. I was never able to pay for the adsap program fees and I'm still without my license which has decreased my quality of life considerably with me having to depend on other people to get places. My grandparents often passed their cars down to me whenever they purchased or inherited a new vehicle. I'm even having trouble actually getting to the classes and still have to have $200 on hand when I walk on a fixed income of $400/month. Is there nothing I can do about this? I'm angry beyond words and know it's my fault for not reading my papers or consulting an attorney at the time but this was at a time where I was being stalked by my violent ex-husband. I was in fight or flight mode at all times and really didn't have the emotional or mental capacity to fight for myself because I was always on the move so my ex couldn't find me. He had stabbed me in the last and jerk my arm out of socket but I couldn'tnget a protective order for a few reasons. I was terrified and it eventually led to PTSD diagnosing and my filing for disability at the age of 24.

I have 2 friends from high school that are police officers now who I still talk to and even still hung out with back then. One of them told me that for the most part, cops are fulfilling quotas. Some of them will charge innocent people just to meet those quotas and base it off whether the person got an attitude, rubbed them the wrong way, or came off as too ignorant to know their own rights. I feel like I fell into the last category and I am still suffering for it. I figure the statute has run out but I don't know if I have any right to bring this up to a news station and try to make sure it isn't happening to other unsuspecting people. It bothered me to no end that this could be a common practice amongst our law force.


r/Ask_Lawyers • • 4h ago

Senior advocate tried to piggyback on my personal case without telling me—Is this normal or line-crossing?

0 Upvotes

​I am a practicing property lawyer working in a two-person firm with my senior. Our main work is property conveyance, so court appearances are rare for us.

​Recently, I decided to file a petition in my personal capacity as a petitioner challenging a new government scheme format. Since I don't litigate in court regularly, I engaged my brother (who is also an advocate) as my counsel.

​Here is what happened:

​The Backdoor Ask: Behind my back, my senior called my brother and asked to add his name as counsel on my case.

​Confrontation: When I found out and questioned him, he dismissed it, saying, "He’s my friend, why should I ask you?"

​The Excuses: My brother refused him. My senior then tried to justify it by claiming he needed court appearances to avoid Bar Council issues and wanted visibility from this case.

​I feel this was unprofessional, sneaky, and a total breach of trust between firm colleagues.

​Am I overreacting, or was this completely out of line? How would you handle this working relationship going forward?


r/Ask_Lawyers • • 18h ago

What should I do here?

0 Upvotes

So I (M17) got a petty misdemeanor ticket of 39 in a 30, yes I know its bad. my dad told me not to do it again and he said he aint mad he was a teen before too. But anyways before I told him I set a court date up and he said all i need to do is show up and talk it out with them and try keeping it off my record. My question is, what do I say? Do I just write a argument as to why I want to get it as a non moving violation or take a driving diversion class? And if writing a argument is smart should i also mention that i turn 18 in less than a month (the court date is in a few months but at that time that'll be true) a very much wish to transition into adulthood with a clean record?


r/Ask_Lawyers • • 19h ago

I’m making a video game and I want to know if my title I have would get copyrighted or sued?

0 Upvotes

I am making a rpg inspired by Metaphor:Refantazio, Final Fantasy VII, and Deltarune. It is called the FINAL FANTAZIO. It is very on the nose I will not lie but I like the title but I am not opposed to changing it. But if I can avoid a situation like this I would love to know. Thank you!


r/Ask_Lawyers • • 21h ago

Looking for strong family law litigator in NoVA (Fairfax) who can handle aggressive opposing counsel without churning bills

0 Upvotes

I’m currently navigating a contested child custody and divorce matter in Northern Virginia (Fairfax County).

Opposing counsel is known in the local area for being very aggressive and combative. There isn’t a massive pot of marital assets or complex business holdings involved—it’s primarily focused on primary child custody and support issues—so I want to avoid a high-volume "churn and bill" firm that will run up $10k–$15k in month one just sending letters.

I am looking for recommendations for a sharp, trial-ready family law attorney or boutique litigation practice in NoVA who:

  1. Is comfortable taking on combative opposing counsel and won't back down in court.
  2. Is strategic and fair with billing (focused on the core legal issues, not manufacturing drama to bill hours).
  3. Has strong experience in Fairfax Circuit Court handling custody disputes.

If you’ve personally worked with an attorney or firm that fits this description and helped you navigate a high-conflict situation effectively, I’d really appreciate your recommendations.

Thank you!


r/Ask_Lawyers • • 22h ago

Terrified about starting a suit

0 Upvotes

Hi. First time posting, located in Portland OR. I am very sure I have a case, but I worry about going without income while pursuing litigation. What can a person pursuing legal action against their employer usually expect when they still work for that employer? I know I need to take a consult but I’m terrified of this process while navigating a mortgage and two kids in daycare.


r/Ask_Lawyers • • 19h ago

Boss is retroactively changing my employment offer’s salary agreement 3 months after hire. Can they do that?

0 Upvotes

I moved to Washington from Texas last June, and I started a new teaching job in July. This is part of the offer letter:

“The pay for this position is $95,880 annually and the position is classified as Exempt. Upon receiving your Washington State Special Education Teaching Certification, your compensation will adjust to $125,000.”

I got my teaching certificate transferred to the state of Washington on October 6th. I sent it over to HR that same day, and I just received the following in an email from them:

“Unfortunately, your certification is in early childhood special education. This certification does not allow you to provide case management responsibilities for the K-12 population we serve thus we cannot move you from the TA salary scale to the special education teacher salary scale.  
Given your experience and expected certification, we did start you off at a higher salary than typical. This is something we could consider re-negotiating at your 6 month review.”

They never mentioned anything in my offer letter about case management, nor did they mention anything about what type of teaching certificate I needed. They were aware that my teaching certificate in Texas was for Early Childhood Education BEFORE they sent me this offer.

How can they do this? Am I just screwed now?


r/Ask_Lawyers • • 20h ago

CA - Privacy Laws relating to catching downstairs neighbor (apt complex) smoking on patio

0 Upvotes

We live in completely non smoking bldg. Downstairs neighbor doesn't respect the rules and is addicted to cigs. He smokes constantly on his patio and the smoke comes up to my windows and my asthma is triggered. I asked him to stop or go down the street, no go.

I reported him to bldg mgt and they (spineless) said they'll put out a warning to all units. He laughs at the warnings.

His patio is about 7 ft above the sidewalk facing the street. He's put two large umbrellas on the patio which provides some cover. If I'm walking down the street I can see him if he's standing on the patio. If he sits down I wouldn't be able to. But from my window above I can put my iphone out the window an inch or two, angle it down and see into his patio.

My question is whether he has an expectation of privacy on the patio. The neighbors on both sides of him would have a clear view into his patio (they're at the same level). But I worry that I'd be sued for invasion of privacy as if the patio is now 'private' as opposed to 'public'.

Talked with LAPD who said it's not a crime.

What say you folks who have either gone through something like this or are privy to the law.

Thanks!


r/Ask_Lawyers • • 5h ago

Federal employee forced credit card payment issue

0 Upvotes

So I am a federal employee and have a government credit card. All charges encored where job related. No due to issues with concur on the government side they are saying me must pay out of pocket the credit card bill prior to the due date regardless of their stamen having issues. Is this legal?


r/Ask_Lawyers • • 20h ago

What do we think constitutes “fast internet”?

0 Upvotes

I booked a VRBO for 45 days while I’m having some construction done on my home. The listing says it has “fast internet” in the title description. I went by today to get some things moved in and did several speed tests. The average download speed was 33.4 mbps.

The hamburger place down the street has 281.1, and my normal residence has an average of 542 this evening. I’m thinking of canceling and finding a new spot and demanding a refund even though the site says I’m not due one.

I just can’t see that it’s going to be a pleasant stay for myself, the wife, & 3 kids all with devices streaming and game consoles, smart tvs etc.

From Google:

In the United States, the legal definition of "fast internet"—officially regulated as broadband—is legally defined by the Federal Communications Commission (FCC) as a minimum speed of 100 Mbps download and 20 Mbps upload (100/20 Mbps).
This federal standard serves as the official legal benchmark for advertising transparency, infrastructure grant allocation, and regulatory tracking.

Tl;dr 33.4mbps advertised as “fast internet”?!


r/Ask_Lawyers • • 3h ago

Wrongly accused, but prison is the best outcome?

0 Upvotes

Hypothetical scenario:

Defendant is falsely accused of violation of Louisiana R.S. 14:81(H)(2).

Alleged incident was a misunderstanding – juvenile entered unlocked bathroom in a church hall while defendant was urinating and accidentally viewed defendant’s exposed genitals.

Juvenile later tells parents that he saw defendant’s “wee wee.” Parents make assumptions from there and contact police.

Police arrest defendant and he is charged with single count of violation of La. R.S. 14:81(H)(2). Per testimony of the juvenile, guided by his parents, the state obtains a factual basis for the bill of information.

Because the state’s evidence is solely based on the testimony of a sympathetic juvenile, and because he matches certain stereotypical characteristics of sexual offenders, defendant believes his chances of convincing a jury of his innocence and winning at trial are slim to none. Essentially it is his word against the victim’s.

Due to the nature of the offence, defendant believes that substantial prejudice in civilian life will not permit him to return to free society. He believes that employment, housing, transportation, and other services will be denied or greatly restricted even if acquitted.  He is fully aware of the onerous post-release restrictions imposed on convicted sex offenders.

Defendant believes that a long prison sentence will avoid these problems. He is aged 45, so a sentence of two decades or more would constitute an effective life sentence. He has ongoing health issues, which he believes if left untreated will cause his death sometime within the next two decades.

The maximum sentencing range for this crime per statute is 25 years. Defendant believes that a 25-year sentence will ensure he is protected from societal prejudice (even if unjustified) and keep him incarcerated until his natural death. He rationalizes it is better to endure prison, where at least you have food and shelter, than the most realistic alternative of a tent in the woods.

Defendant does not want his attorney to present mitigating factors or exculpatory evidence. He wishes to plead guilty without proceeding to trial.  His attorney may even agree, given the circumstances, that this is the best option.  The hard part will be to convince counsel of his desire for a long sentence.

The defendant is not making a point of his factual innocence to anyone – state, defence counsel, or court. That would complicate matters.

Defendant prior to arrest was gainfully employed, had a clean criminal record, long history of consistent full-time employment, was financially stable, and a homeowner.  He is 45 years old, white male, unmarried, with postgraduate degree.  He has never been previously accused of a crime.  He has never been adjudged mentally unstable or spent time in a mental institution. He has an introverted personality and few friends. His family rejected him decades ago due to his ‘odd’ personality. He considers himself to be a narcissistic sociopath due to a lack of empathy toward others.  However, he has never actively harmed others; he is just regarded as quiet and a bit of an oddball. One might say he is on the ‘spectrum.’  His employment record is exemplary.

Defendant reckons that to make an open guilty plea to the court presents too much risk to his plan, because judges typically do not impose the maximum sentence for a first offence where there was no prior history of criminal or deviant behaviour.  He considers the best option is to go directly to the prosecutor and arrange a deal. Under Louisiana law, judges are required to honour binding plea agreements between the state and defendants.  If he (or his lawyer, if he finds one who is willing) can convince the prosecutor to accept a binding agreement for a 25-year sentence in exchange for a guilty plea, no trial, and the victim not having to testify in open court, his plan is complete.

Of course, this is contingent on the prosecutor’s willingness to entertain such a deal. Some prosecutors are happy to take the easy win; others might wonder what the hell is up; others might believe a 25-year sentence for a first offence is ridiculous and/or a has high risk of being overturned on appeal.  Therefore, the defendant must ensure that the prosecutor is made aware of aggravating factors which would merit a longer sentence.

Methods that he may use to convince the prosecutor and/or judge to accept a longer sentence would be to state that he is a public safety risk and that he has a high likelihood of reoffending; to volunteer his belief that he is a narcissistic sociopath who cannot exist in normal society; to state that he has committed the same type of crime before but was undetected; to state that he does not feel genuine remorse for the crime despite knowing it was wrong; and to state that he does not believe he is amenable to treatment or community supervision. He would prefer not to lie or exaggerate, but in life there are tradeoffs. Most definitely, he does not state his real reasons as described above. He understands that the judicial system does not take kindly to defendants who view prison as free housing.

If the prosecution accepts the binding agreement, then the rest is a fait accompli.  At arraignment, the guilty plea is rendered, the defendant performs the Boykin colloquy flawlessly and accepts the factual basis for the plea, the judge accepts the guilty plea and pronounces the 25-year sentence, and he is sent away.

Is this a plausible scenario?