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f13.net  |  f13.net General Forums  |  General Discussion  |  Topic: Bench warrants, and how an Italian citizen got in trouble in the USA. 0 Members and 1 Guest are viewing this topic.
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Author Topic: Bench warrants, and how an Italian citizen got in trouble in the USA.  (Read 178469 times)
Morat20
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Reply #70 on: November 01, 2010, 07:01:05 PM

American != Europe. Our laws on boobies showing are a hell of a lot more restrictive.

Damn Puritians.
Falconeer
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Reply #71 on: November 01, 2010, 07:02:01 PM

so - you have a lawyer showing up for you right? Right?


No.

I was supposed to show up on October 12th, not tomorrow. I missed the first step, so as far as I know I am not expected tomorrow. Again, I haven't been properly summoned (if I have been at all), which, when I'll  decide to go back to Michigan and I'll get a lawyer, will be the first thing he or she will stress out: I wasn't summoned properly.

Bzalthek
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Reply #72 on: November 01, 2010, 08:46:28 PM

From this I take it you haven't consulted with an actual lawyer yet...

"Pity hurricanes aren't actually caused by gays; I would take a shot in the mouth right now if it meant wiping out these chucklefucks." ~WayAbvPar
Strazos
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Reply #73 on: November 01, 2010, 08:55:21 PM

If you don't take care of this soon, and I assume your visa was not a multi-entry (if you needed one)...you will not have much success next time you apply for one. Or next time you roll through a US airport, and I guarantee that you will prefer dealing with the American Embassy in Rome than DHS...

Fear the Backstab!
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CmdrSlack
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Reply #74 on: November 01, 2010, 09:25:38 PM

so - you have a lawyer showing up for you right? Right?


No.

I was supposed to show up on October 12th, not tomorrow. I missed the first step, so as far as I know I am not expected tomorrow. Again, I haven't been properly summoned (if I have been at all), which, when I'll  decide to go back to Michigan and I'll get a lawyer, will be the first thing he or she will stress out: I wasn't summoned properly.


In most states, you can get a default judgment vacated pretty damn quickly. Even if you missed your date, you'd be utterly foolish to not seek counsel.

Try these guys first. They're a legal aid clinic. You may not be eligible to receive their help, but they could likely point you to some local attorneys that could assist you.

I traded in my fun blog for several legal blogs. Or, "blawgs," as the cutesy attorney blawgosphere likes to call 'em.
Nerf
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Reply #75 on: November 01, 2010, 09:39:51 PM

American != Europe. Our laws on boobies showing are a hell of a lot more restrictive.

Damn Puritians.

Depends on the state and/or city - unless it has changed in the last few years, being topless in Texas is A-OK.  When I lived in Austin for a bit I had a cop buddy that like to sit at the coffee shop and talk about all the calls he responded to where middle-aged fat broads had called the police about public nudity.  He would always find a couple of 18-22 year old UTA students sunbathing topless, wish them well, and tell the ones who called that being topless is not a crime in our great state, so in the future please don't waste our time.

It's probably illegal in Dallas though, fuck Dallas.
Engels
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Reply #76 on: November 01, 2010, 11:26:08 PM

Context is everything.

Getting trashed at a bar and throwing your bra up on the antlers of a mounted deer head = great american beauty
Prancing about in a park for the sake of art = danged liberal faggot, round 'em up!

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Falconeer
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Reply #77 on: November 02, 2010, 05:20:28 AM

I sent a fax to the courthouse this morning telling them I haven't been summoned and that I am very very sorry for not showing up. I never intended to evade justice, but I haven't been informed that I was supposed to have a hearing that's the only reason why they haven't seen me there. That I want to make things right and that I will eventually go back to Ann Arbor just for that, and that I am available for anything as long as they contact my to my right Italian address or my email or phone.
A hearty honest letter with apologies and a request to schedule a new hearing with the judge/prosecutor.

I am tempted (but I won't) to paste it here for some genuine laughs.

NowhereMan
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Reply #78 on: November 02, 2010, 05:45:47 AM

Did you consult with a lawyer about the letter or just write and send it yourself? If the latter I'm going to repeat myself and most other people in this thread and say talk to a fucking lawyer, it's a stupid bullshit thing but you aren't familiar with local laws let alone court procedure and it doesn't take a lot to make getting into the US suddenly a fuck load harder. None of these people are going to be inclined to be nice to you because you're foreign or because you haven't done anything wrong, a lawyer will be inclined to be nice to you because you're paying them. You may not even need them to do a lot and it might seem pointlessly expensive but be aware the worst case scenario is probably finding it really fucking hard to get back into the States.

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CmdrSlack
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Reply #79 on: November 02, 2010, 06:21:29 AM

While you could attempt to handle this yourself (pro se), and while courts are often a bit lenient with pro se defendants, for the love of all that is holy, get a damn lawyer.


I traded in my fun blog for several legal blogs. Or, "blawgs," as the cutesy attorney blawgosphere likes to call 'em.
Paelos
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Reply #80 on: November 02, 2010, 06:29:30 AM

Yall are being lame. Don't get a lawyer, Falc. The American government can't find anyone we are looking for once they leave the country. Just don't bother returning to the United States and everything should be just fine.

 Popcorn

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Lantyssa
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Reply #81 on: November 02, 2010, 07:15:01 AM

Depends on the state and/or city - unless it has changed in the last few years, being topless in Texas is A-OK.  When I lived in Austin for a bit I had a cop buddy that like to sit at the coffee shop and talk about all the calls he responded to where middle-aged fat broads had called the police about public nudity.  He would always find a couple of 18-22 year old UTA students sunbathing topless, wish them well, and tell the ones who called that being topless is not a crime in our great state, so in the future please don't waste our time.
Depends on the municipality.  Oh you might get a cop that's amused enough to let one go, if they're good looking enough or they don't want to bother with the paperwork.

It's also illegal in any State Park for: 59.134(n) Public Nudity. It is an offense for any person to disrobe or appear nude in public. Females are considered to be disrobed when their breasts below the top of the areola are exposed except when nursing a baby.

Also while there is no state law against nudity, there are laws against lewdness and other behaviors which might happily get slapped on an 'offending' party.  Only idiots would risk it.  Further, Austin is very, very different from most of Texas.

Edit: Falc, if you ever want to come back to the states again, please listen to Slack and contact that aid group.  Don't give up on this.
« Last Edit: November 02, 2010, 07:17:20 AM by Lantyssa »

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Falconeer
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Reply #82 on: November 02, 2010, 07:22:50 AM

Somehow I missed Slack's link. Today is the hearing for the girls. I'll call that group tomorrow, hopefully with some more info. Thanks everyone.

Nerf
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Reply #83 on: November 02, 2010, 07:30:55 AM

Did you explain to them in your fax that you're a polyamorous pansexual genderqueer?  It might scare them into thinking you're some sort of protected class and dropping the entire thing.
Falconeer
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Reply #84 on: November 02, 2010, 07:43:04 AM

No Nerf, but I put a link to this very thread and I said that you all can guarantee for my purity. I even mentioned your case, and see if they can take a look at your lawn from a Michigan perspective.

Morat20
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Reply #85 on: November 02, 2010, 09:39:07 AM

Did you explain to them in your fax that you're a polyamorous pansexual genderqueer?  It might scare them into thinking you're some sort of protected class and dropping the entire thing.
He should hire this guy to do it.
Cyrrex
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Reply #86 on: November 02, 2010, 11:26:31 AM

No Nerf, but I put a link to this very thread and I said that you all can guarantee for my purity. I even mentioned your case, and see if they can take a look at your lawn from a Michigan perspective.

I'm sorry, but that was just damn funny.

Good luck.  Looking forward to the booby pics.

"...maybe if you cleaned the piss out of the sunny d bottles under your desks and returned em, you could upgrade you vid cards, fucken lusers.." - Grunk
Sky
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Reply #87 on: November 02, 2010, 12:25:54 PM

Yeah, can't vouch for squat without ensuring the artistic value of the evidence.
Cheddar
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Reply #88 on: November 02, 2010, 01:21:35 PM

No Nerf, but I put a link to this very thread and I said that you all can guarantee for my purity. I even mentioned your case, and see if they can take a look at your lawn from a Michigan perspective.

Thanks for the new quote.

No Nerf, but I put a link to this very thread and I said that you all can guarantee for my purity. I even mentioned your case, and see if they can take a look at your lawn from a Michigan perspective.
Falconeer
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Reply #89 on: November 02, 2010, 04:21:42 PM

Update: one of the two girls just had her case postponed for two weeks more. On that day, either her case will be deferred (fine, volunteer time at a local jail, probation for 6 months, eventual drop of charges) or she will ask for a trial by jury. The other girl chose to go straight to trial by jury.
« Last Edit: November 02, 2010, 04:27:24 PM by Falconeer »

Lantyssa
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Reply #90 on: November 02, 2010, 04:48:03 PM

Any idea what the reasoning for going to jury is?

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Falconeer
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Reply #91 on: November 02, 2010, 04:50:26 PM

She pleaded not guilty, she is sure she will win  Ohhhhh, I see.

Mind, she is one of the naked models. I was doing NOTHING. If she wins, I should be fine and dandy, shouldn't I? Shouldn't I?

NowhereMan
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Reply #92 on: November 02, 2010, 04:57:23 PM

And you guys were worried his friends might be malicious rather than clueless.

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Reply #93 on: November 02, 2010, 05:07:47 PM

Lawyer. Get one.

Plenty of reasons to do a jury trial instead of a bench trial. Main one? Hoping the state will drop its case. With a small potatoes situation like this (for them, not you, the socialist polyamorous pansexual genderRARMUSLIM), one could hope the state won't want to waste the time.


I traded in my fun blog for several legal blogs. Or, "blawgs," as the cutesy attorney blawgosphere likes to call 'em.
Morat20
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Reply #94 on: November 02, 2010, 06:05:09 PM

She pleaded not guilty, she is sure she will win  Ohhhhh, I see.

Mind, she is one of the naked models. I was doing NOTHING. If she wins, I should be fine and dandy, shouldn't I? Shouldn't I?
No. You didn't show up. Which is a crime by itself. This won't go away by ignoring it. TALK TO YOUR CONSULATE. FIND A LAWYER.

They could dismiss the charges against your friends and you're still screwed, because you didn't show up to court. Stop bitching to us and bitch to your government. Or to a lawyer. Someone who can actually fix this for you.
Lantyssa
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Reply #95 on: November 02, 2010, 06:08:12 PM

Lawyer. Get one.

Plenty of reasons to do a jury trial instead of a bench trial. Main one? Hoping the state will drop its case. With a small potatoes situation like this (for them, not you, the socialist polyamorous pansexual genderRARMUSLIM), one could hope the state won't want to waste the time.
That makes sense.  I was just thinking the likely jury pool will not be favorable to ruling for a naked lady.  Students are going to opt out, the educated are going to find a way to not get selected, so that leaves her retirees.

Hahahaha!  I'm really good at this!
Furiously
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Reply #96 on: November 02, 2010, 07:47:07 PM

She pleaded not guilty, she is sure she will win  Ohhhhh, I see.

Mind, she is one of the naked models. I was doing NOTHING. If she wins, I should be fine and dandy, shouldn't I? Shouldn't I?
No. You didn't show up. Which is a crime by itself. This won't go away by ignoring it. TALK TO YOUR CONSULATE. FIND A LAWYER.

They could dismiss the charges against your friends and you're still screwed, because you didn't show up to court. Stop bitching to us and bitch to your government. Or to a lawyer. Someone who can actually fix this for you.

Or you can just put your head in the sand and never come to the us again.

rattran
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Reply #97 on: November 02, 2010, 07:56:32 PM

And just wait for the extraordinary rendition. We've got practice snatching people in Italy, and your president is too busy to do things like protect you.

Merusk
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Reply #98 on: November 02, 2010, 07:57:53 PM

And you guys were worried his friends might be malicious rather than clueless.

No, I figured the friends were clueless and was worried THEIR lawyer (you know, the thing Falconeer still won't hire.) was malicious.

I hope you're planning a trip back to the US, Falc.  The postings after your time served in a DHS cell will be fun.

The past cannot be changed. The future is yet within your power.
CmdrSlack
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Reply #99 on: November 02, 2010, 08:02:47 PM

Lawyer. Get one.

Plenty of reasons to do a jury trial instead of a bench trial. Main one? Hoping the state will drop its case. With a small potatoes situation like this (for them, not you, the socialist polyamorous pansexual genderRARMUSLIM), one could hope the state won't want to waste the time.
That makes sense.  I was just thinking the likely jury pool will not be favorable to ruling for a naked lady.  Students are going to opt out, the educated are going to find a way to not get selected, so that leaves her retirees.

Ann Arbor is an oddly hip area in a rather conservative state. Kind of the Austin of the North, I guess. My guess is that a jury could swing her way.  awesome, for real

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Arthur_Parker
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Reply #100 on: November 03, 2010, 02:45:38 AM

And you guys were worried his friends might be malicious rather than clueless.

No, I figured the friends were clueless and was worried THEIR lawyer (you know, the thing Falconeer still won't hire.) was malicious.

I hope you're planning a trip back to the US, Falc.  The postings after your time served in a DHS cell will be fun.

To be fair I wouldn't hire a lawyer at this stage either, he's a Euro guilty of nothing more than being near some boobs.
tgr
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Reply #101 on: November 03, 2010, 04:35:51 AM

To be fair I wouldn't hire a lawyer at this stage either, he's a Euro guilty of nothing more than being near some boobs.
You mean that isn't a capital offense? Ohhhhh, I see.

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Sky
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Reply #102 on: November 03, 2010, 07:31:59 AM

To be fair I wouldn't hire a lawyer at this stage either, he's a Euro guilty of nothing more than being near some boobs.
Or more precisely, that's what he was. He's now got a warrant and in contempt, yeah? Could be padded with giving a false name, too, depending on if he Nerfs it up too much. And fleeing the country.
Lantyssa
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Reply #103 on: November 03, 2010, 09:14:20 AM

Americans.  We're insane.  Ignore what should be the logical outcome and start thinking like a delusional paranoid crackpot.

Pretend you live in Alpha City and the Computer flagged you as mutant commie traitor scum.

Protect yourself.

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Falconeer
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Reply #104 on: November 03, 2010, 09:18:58 AM


That would be me.



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