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    [–] Leaving this as a tip... Mourning_Aftermath 571 points ago in assholedesign

    *prosecute, not persecute.

    Only attorneys acting on behalf of the government (DA’s, solicitors, prosecutors) prosecute crimes and this would not be one. It’s not fraud, nor is it paying with counterfeit money (unless they tried to pay the whole bill with it and not just the tip). It’s clearly not real money. You are also not legally required to tip. Waiters and waitresses are required by law to be paid minimum wage by their employer if their tips don’t get them above that threshold. While not illegal, it is definitely an asshole thing to do.

    Source: worked in a restaurant while in law school.

    [–] When you only have one AA battery left Mourning_Aftermath 0 points ago in xboxone

    I’ve had my PS4 since launch and have not had the battery die in a controller (although I have had other issues with the the grips on the analog sticks). I have a Japanese market charging cradle next to my couch. I don’t remember the last time I picked up a PS4 controller without a full charge for a gaming session.

    Multiple times I was not able to play my Xbox because I forgot to restock AA’s. Finally got some Eneloops and never looked back. Still prefer the ease and convenience of the PS4 controller from a battery standpoint. Drop it on the cradle and never have to think about it.

    [–] LPT Never give a car insurance company your odometer readout, they only use that information to increase your premium and there is no legal requirement to provide that information. Mourning_Aftermath 6 points ago * (lasted edited 8 days ago) in LifeProTips

    And if someone hits you with cut rate insurance and you have a significant injury you will really regret your decision. It’s all a high stakes game of chance. I have represented people with $200k+ in medical bills and permanent injuries and all they could get was $25k of insurance coverage and a judgment against someone with no assets. It’s a terrible situation to be in. I have a high limit on my policy and, in turn, am also eligible for a high uninsured/underinsured provision. Insurance companies always win out in the long run. Most people lose, no doubt about that. But if you don’t have good coverage and suffer a significant injury it can ruin you for life financially.

    [–] Kiss Cam Finds the Best Couple Mourning_Aftermath 2 points ago in gifs

    This is usually done on a specific promotion night (bring your dog to the park night, often partnering with local pet adoption groups) and limited to specific seating sections.

    If you don’t want to be around the dogs, then don’t go on that night or sit in a different section. There doesn’t appear to be a shortage of seats at this game.

    [–] Do you love melts? Do you hate grilled cheese? r/fuckgrilledcheese is for you! Mourning_Aftermath 8 points ago in melts

    I think what you are missing is that most of the subscribers in each subreddit like and appreciate the other. I would wager that most of the grilled cheese purists like melts as well, they just want them to be properly characterized.

    The other thing you are missing is posts in the subreddit, which is kind of important. I also think you are overestimating the number of people who dislike, much less hate, grilled cheeses. Maybe I’m wrong, but I just don’t see it. Either way best of luck.

    [–] Alien Ant Farm - Movies [Alt Rock] Mourning_Aftermath 167 points ago in Music

    This shout out is welcome, welcome.

    [–] Nonprofit Pays Bail For Man Who Attacked His Wife, Hours Later He Murders Her Mourning_Aftermath 1 points ago in iamatotalpieceofshit

    Good find. Another user pointed that out as well, I didnt see the state when I made my comment so I based it on my own (and qualified it as such). I stand corrected. Missouri seems to be somewhat of an anomaly in that regard.

    The state would still have to make a showing that the defendant was a danger to the victim, which is a high burden to bear. In federal court that showing would have be by clear and convincing evidence along with a finding by the court that other bond conditions could not adequately protect the public.

    Given what I know about this case (admittedly nothing) I think you would be hard pressed to find any judge who would deny bail over an alleged misdemeanor domestic assault involving striking the victim with a closed fist (absent an overt thread against the victim’s wellbeing). Clearly he should have had bail denied, especially given that it was an option, but that is all hindsight bias. I would be surprised if anyone in Missouri has ever been denied bail on a misdemeanor offense.

    [–] Nonprofit Pays Bail For Man Who Attacked His Wife, Hours Later He Murders Her Mourning_Aftermath 1 points ago in iamatotalpieceofshit

    That’s a great find, I couldn’t figure out the state at issue when I made my comment. I find it hard to believe that, given a $5k bond, a judge would have found that the defendant was such a risk to the victim that he should be denied bond (even though he clearly was and then some). If that had remotely been shown or argued I would think the bond would have been higher.

    I wonder if Missouri is similar to the federal system in which the judge has to find by clear and convincing evidence that other conditions of bond cannot protect the public before denying bail. I would assume the prosecutor would need to at minimum make a showing that the defendant constituted a credible threat to the public or the individual victim. In denying bail based on a danger to a victim the court can consider:

    In determining whether a defendant poses a danger to a crime victim, witness, or the community, the court in Missouri may consider all relevant evidence, including but not limited to:

    (1) The defendant’s criminal record;

    (2) Whether the defendant was on probation or released on bail at the time the crime for which the court is considering bail was committed;

    (3) The nature and circumstances of the crime for which bail is being sought.

    Interestingly those are some of the same factors my state considers when setting bail generally.

    [–] Nonprofit Pays Bail For Man Who Attacked His Wife, Hours Later He Murders Her Mourning_Aftermath 2 points ago in iamatotalpieceofshit

    No, I said:

    However, denying bail on a misdemeanor charge is not one of the ways it could have been avoided.

    Because it was a legal impossibility for the judge to deny bail on that charge, as I explained to you above.

    [–] Nonprofit Pays Bail For Man Who Attacked His Wife, Hours Later He Murders Her Mourning_Aftermath 7 points ago * (lasted edited 21 days ago) in iamatotalpieceofshit

    Edit: The considerations you cited are from the Australian Law Reform Commission and have nothing to do with US law.

    Those bolder provisions are not part of the considerations in my state’s code, although there is a reference to the accused creating an unreasonable risk of danger to the community or an individual. That still doesn’t change the purpose of bail. That’s also why I qualified with ‘in my jurisdiction’ since local laws vary.

    You can say it’s on the judge for not setting bail high enough, that’s fair. However, the defendant obviously couldn’t afford the bail which is why the non-profit paid it. How was the judge supposed to know that would happen? Perhaps he thought $5k bail was unattainable for this person (which was true before the non-profit stepped in). The defendant was already under a restraining order and there was likely a no contact order as well. Any first year lawyer would have had the denial of bail overturned.

    Do you understand the potential ramifications if a judge could deny bail on a misdemeanor assault charge? In this case the guy was almost certainly guilty, what if bail were denied on an innocent person? Lock them up for months or years until the charges or dismissed or they are aquitted? Innocent until proven guilty is a cornerstone of our legal system.

    This was a very unfortunate situation, no doubt about it. I’m just speaking from a purely legal perspective.

    [–] Nonprofit Pays Bail For Man Who Attacked His Wife, Hours Later He Murders Her Mourning_Aftermath 2 points ago in iamatotalpieceofshit

    That’s exactly what I meant, bail could not have legally been denied, therefore the situation could not have been avoided by denying bail. I certainly could have worded it better.

    [–] Nonprofit Pays Bail For Man Who Attacked His Wife, Hours Later He Murders Her Mourning_Aftermath 94 points ago * (lasted edited 21 days ago) in iamatotalpieceofshit

    In retrospect, sure. But the purpose of bail is to assure that the accused will appear for trial/disposition. It’s not punishment. The amount of bail is not to protect victims (however, a no contact order as a condition of bail is).

    My jurisdiction has constitutional provision which prohibits excessive bail. Case law states that bail cannot be higher than that which will ensure the accused will appear for trial or other disposition. There are a list of factors to consider when setting conditions of release, including financial resources. Generally, absent exceptional circumstances, the only situations in which bail can be lawfully denied are in cases punishable by death or life imprisonment. Otherwise a person is entitled to have bail set.

    Perhaps you really meant the bail was not set high enough, which may be a fair statement depending on the facts of the underlying case. This was a misdemeanor domestic assault charge. That does not warrant bail being denied. I see those charges with personal recognizance bonds all the time.

    Don’t get me wrong, what happened to this woman was awful and a tragedy. It could have been avoided. However, denying bail on a misdemeanor charge is not one of the ways it could have been avoided.

    Edit: I stand corrected in Missouri, which appears to be different from most other states. An astute user (/u/Helios575) pointed out Missouri (where this occurred) Code of Laws 544.676 which provides that:

    Court may deny bail upon showing that defendant poses danger to victim, witness, or community — considerations — right to trial, time limit. —

    1. Upon a showing by the state that a defendant poses a danger to a crime victim, witness, or the community, the court may deny bail to a defendant or impose such conditions as it deems appropriate to protect a crime victim, witness or the community.

      1. In determining whether a defendant poses a danger to a crime victim, witness, or the community, the court may consider all relevant evidence, including but not limited to:

      (1) The defendant’s criminal record;

      (2) Whether the defendant was on probation or released on bail at the time the crime for which the court is considering bail was committed;

      (3) The nature and circumstances of the crime for which bail is being sought.

    However, that being said, I still don’t believe this is a circumstance that would have warranted the denial of bail. The judge set a bail sufficient to keep the accused incarcerated pending resolution of the charges before the non-profit stepped in. He was already under a restraining order and likely had a no contact provision in the bond. It is unlikely that the state made a showing (or even argued) that bail should be denied. If anyone can cite an instance where a person with a misdemeanor charge was denied bail I would be interested to read about the circumstances.

    [–] Authentic Italian pizza (made in Verona) Mourning_Aftermath 4 points ago in Pizza

    Counterpoint: would you consider a Detroit style pizza or Chicago deep dish made at an NYC restaurant ‘authentic New York pizza?’

    [–] TIL Texting And Driving Is About 6 Times More Likely To Cause An Accident Than Driving Drunk Mourning_Aftermath 2 points ago in todayilearned

    Recording the police in public in the performance of their official duties is not illegal anywhere in the United States. Dash cams are a thing. Not to mention that the Tennessee law bans the use of handheld cell phones while driving. if you are pulled over you are no longer driving and thus could pull out your phone and record (although you would risk getting a ticket for using your phone while driving even if the charge was not warranted).

    [–] AT&T will soon automatically block annoying robocalls Mourning_Aftermath 1 points ago in news

    I agree.

    Not horrid coverage, not close to Verizon though.

    I read that as a factual assertion based solely on his individual experiences without any qualifications.

    [–] AT&T will soon automatically block annoying robocalls Mourning_Aftermath 5 points ago in news

    Your experience is purely anecdotal. Coverage depends entirely on the infrastructure where you live/work/are and your device. I’ve lived in places where Verizon was much better, but in my current city the AT&T coverage is significantly better. I’ve had bad and good experiences with both carriers.

    [–] Michigan State Trooper runs a stop sign and hits somebody and then puts them in handcuffs... Mourning_Aftermath 7 points ago in news

    Suppression of any evidence obtained after Miranda warning should have been issued. Wrongful arrest lawsuit may come into play, which is the only way this unfortunate gentleman would get any money out of the situation outside of a personal injury lawsuit.

    [–] Redditors who have used one of those tv commercial lawyers, how'd it go? Mourning_Aftermath 15 points ago in AskReddit

    This is a horrible take. Those TV advertisers rarely try cases and when the do it’s usually their brand new associates. An insurance company’s lawyer knows this and will make setttlement offers accordingly. If you want top dollar for your case then you need an attorney that the insurance company knows isn’t afraid to put a case in front of a jury and see what happens. Otherwise you will get lowballed and your attorney will probably push you to take it because it’s all about volume and settlements in those practices.

    [–] Redditors who have used one of those tv commercial lawyers, how'd it go? Mourning_Aftermath 9 points ago in AskReddit

    It happens, but not typically in these situations. By and large the TV advertisers only work personal injury cases on contingency fee agreements. If they don’t get the client a settlement/recovery they don’t get paid (other than cost reimbursement). They only way they get paid if they ‘dump’ the client is if they associate another attorney and have a fee sharing agreement (that the client would have to sign off on in my jurisdiction).

    [–] Anyone else having an issue with ATV’s in their Neighborhood? We are at whits end in west greenville and looking for a solution. Mourning_Aftermath 3 points ago in greenville

    I would recommend escalating to a supervisor noting that this is a recurring problem and that your concerns have been dismissed before. Go in person if possible. You are much more likely to have action taken that way. Call every time it occurs and ask that your complaint be documented if they aren’t willing to come out (time/date/location/description). Sheriff’s dept should be your best bet if you aren’t in the city limits, I doubt HP is going to be as responsive in a residential neighborhood.