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psalm22-6 · 1 year

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What May Possibly Be the Worst Les Mis Fanfiction of All Time aka the Legal Scholars AU

Look, if Mr. Justice Gilles Renaud reads this, I am sorry, but I read his 90 page book and each page was filled with some new horror. First of all, “Mr. Justice” is not his first name; Mr. Justice is apparently what you call a judge in Canada. And he is an actual judge, which kind of frightens, but does not surprise me. He is also a legal scholar and this book was published by a scholarly press, the Sandstone Academic Press in Melbourne.

This is the book’s premise:

The reader is invited to participate in an unprecedented educational conference, held at Deakin Law School [in Australia], hosted by the publishers of the International Journal of Punishment and Sentencing [also real, also based out of Australia] to which are invited Jean Valjean, Fantine, Javert and Bishop "Welcome" as guest lecturers. Each in turn, and at times together, will address a plenary session of criminologists, lawyers, judges, probation officers, politicians, and others vitally interested in the reform of sentencing law. Drawing upon their lives, as penned by Hugo, and upon a surprisingly well-developed knowledge of academic writings, they will debate the merits of current penology as defined in the widest sense, and in so doing, will confront contemporary views on themes such as the mitigation arising from social deprivation, the merits of criminalizing prostitution, the need to maintain prisons while radically enhancing the methods of re-integrating former detainees into the community, and the scope to be accorded rehabilitation in selecting a fit and fair sanction, among other issues. [emphasis mine]

Look, I don’t hate the premise but I promise this conference is going to be a wild ride. So, please head over to the registration booth, sign in and pick up your swag bag, then stop by the lobby for some light refreshments, and head into the first event of the day:

That’s right, Fantine will be leading the first session, and it will be chaired by Professor D. E. Nine of Harvard University (I do not think this is a real person, I think this is the first of the many OCs who are attending the conference). Professor Nine introduces Fantine to the audience. (In this introduction Cosette is spelled both correctly and incorrectly in the same sentence). You will be happy to know that Fantine strode to the podium "with a confident air." Apparently she has had a lot of time to study the law since she died (Canadian law, that is.) Fantine uses a projector to show the audience her notes on the Canadian penal code and argues that Bamatabois's attack constitutes sexual assault.

"It is plausible for me to suggest that Mr. Bamatabois would be found guilty of a sexual assault as his verbal attacks coupled with his physical attack made it plain that he was assaulting me, a prostitute, by reason of my being one, coupled with the fact that I was unattractive in his eyes."

According to Fantine, Bamatabois could receive a maximum prison sentence of 18 months. However, she says, a person convicted of placing bets on behalf of others may be imprisoned for up to two years. Using a laser pointer, Fantine gives other examples of criminalized behavior that received harsher penalties than sexual assault, "to illustrate that certain values are given pre-eminence over those of the sexual integrity of men, women and children."

After taking questions from the audience, Fantine concludes by saying "The point of my presentation this morning is to urge you to return to your home jurisdictions and to search out for these types of unequal penalty schemes and to seek legislative amendments in order that the violations of the personal integrity of our brothers and sisters be penalized with greater objective severity than gaming offenses." I'm not a legal scholar (unlike Fantine), I'm just trying to summarize a book so I'm not going to offer commentary on the ideas she presents here. Let's just go to the next session.

Professor Sacha Trofimenkoff of the School of Criminology at Saint Mary's University chaired this lecture and entertained the audience by name-dropping famous Australian judges. Some members of the audience were running late and came to the lecture hall directly from the airport.

Bishop Myriel, or Bishop Welcome as he is introduced by Professor Trofimenkoff, "began his presentation in almost too soft a voice, apparently ill at ease at having to discuss his private affairs." Although he describes Hugo's account of his own life as "relatively unimportant passages," he cites his life story as evidence that humans can change for the better at any point in time, which he wants to see reflected in sentencing guidelines.

"Sadly," Myriel says, "the evidence seems to suggest that many more offenders pursue the opposite journey and come to adopt anti-social behaviors or attitudes, as was the case of our beloved Fantine." (Kind of a rude thing to say about his colleague.)

Myriel gives many examples of books on the topic at hand and then "hesitated, fearful that his listeners were growing disinterested, but he realized the silence that marked the room was evidence of rapt attention."

The bishop was about to end the first part of his lecture when he said "May I add a few words, which I wish to do as a result of a pointer I received from an American friend who suggests that I must always complete a speech with a humorous comment." The comment is not important, I just want to point out that apparently, Myriel has an American friend.

The conversation turns to war criminals (?!), Dr. Trofimenkoff quotes Hamlets and the session is over (for now).

During the recess, the Bishop receives many requests to speak at different schools. Upon returning to the podium, he introduces several books on the topic of restorative justice, arguing that the communities from which criminals originate (side eye at the idea that there aren't criminals in other communities that aren't being hyper-policied) and the communities to which they return need to be invested in. Although he is very modest and therefore hesitant to share about himself, he gives as an example the city of Briancon, a community in his bishopric where there hasn't been a murder in 100 years, as well as the improvements made to Montreuil-sur-Mer by Jean Valjean. I know this doesn't seem that bad, and I am going to skip over Fantine's small group discussion on the subject of the unintended consequences of sentencing (except to say that she is a very skilled facilitator) and jump straight to:

The report on this small group session begins with a note on “concerns surrounding reliability of information.” I was expecting this to be about Javert’s reliability but instead, it was about the reliability of character witnesses who often exaggerate (for better or for worse) an offender’s qualities. As an example of unreliable information, Javert cites rumors which were spread about Bishop Myriel, as well as Fantine. Although there was a rumor that Fantine had abandoned her child, “ ‘the truth,’ noted Javert, who was always scrupulously punctilious as to the facts, although often blinded by class issues, ‘the truth is that Fantine had not abandoned her child, far from it!’ ” He urges sentencing judges not to rush to conclusions, saying: “in effect, most questions may be ‘flipped’ or stopped on their head, and one ought not to leap to judgment,” which is funny coming from a man who jumped off a bridge in order to avoid critical thinking.

The next morning, Javert kicked off the second day of the conference with his plenary session.

“Good morning, Ladies and Gentlemen," intoned the career police officer whom Hugo had described initially as a Spartan, a monk, a pitiless individual lying in wait, possessed of a ferocious honest, ‘Brutus in Vidocq.’ Of course, he was no such thing as we well know given his subsequent suicide, the only means he knew to justify his decision not to arrest Valjean. [No, I did not know that about him.] "As you are all liberals who despise the prison system and libertarians who hate justice and retribution, I need not mince words in addressing you. I am a firm believer in populist law and order, in just deserts, indeed, in punishment for the sake of punishment . . ." Needless to say, he had gained the rapt attention of all those present. [Is he negging the audience?]

He explained the circumstances of his birth and his career in the police. He said “I owe my liberty and my freedom to the very existence of a jail system. . .Custody of some serves the liberty of all!” (Now do you see why I hate this?)

Javert took a sip of water (“disdaining the juices and other beverages”) while the audience thought about his words. Before he could continue he was interrupted by Professor Simon Segovia of the University of Seville, who quoted Hemingway and stated that “Prisons harm those they seek to improve.” In response, Javert emotionally revealed his strict moral code, as a result of which he “led a life of privation, isolation, abnegation, chastity, with never a diversion” (and thereby sidestepped Professor Segovia’s question).

Another professor (“who looked on at him with a mixture of frank puzzlement and understated bemusement”) asked him to comment on the case of Paul Crump (sidenote, you may be familiar with this name if you are a fan of Phil Ochs).

“What say you respecting the tremendous strides that felon achieved when given access to books?”. . . “What would you have me say,’ sneered Javert, “I have never stated that prison ought not to assist offenders, quite to the contrary. . .the fact that so many prisons represent abject failures in respect of their foundational purpose is no justification for demolishing them, however. In fact, it might be said that there is a better advocate of the. . . utility of prison. . .in our midst’s. . .and that is Jean Valjean himself.”

That's right. The room was silent except for some whispers and the sound of pens on paper. Everyone in the audience disapproved of what Javert had said except one man, “the former forçât [sic] Valjean” who “began his comments with a whispered 'Bravo!' " He came up to the podium and continued:

Javert has said out loud what I have long believed. Indeed, prison did elevate my base instincts somewhat in that I did receive a form of education that was far superior to what I had obtained in my childhood. Further, I did learn discipline in the prison setting . . . In addition, I did acquire a grudging sense of respect for the justice that was meted out in that place.

After taking a drink and “whispering to those around him that being over two hundred years old meant that he should take his time in completing his assignment,” he said:

My old foe and friend is quite correct . . . it was just that I be jailed for my crime . . . It is important for me to acknowledge publicly, once again for the sake of emphasis, although this may affront certain liberal-minded reformers, that I was able to acquire the rudiments of an education while in prison . . . and I might well have done far better had I applied myself.

I'm sorry for putting the whole quote in bold but I can't help it. Jean Valjean says actually prisons are good! Then, in support of that idea, a South African student, Kagiso Nankudhu, (again, this is a fictional character) gives the example of anti-Apartheid political prisoners who studied while imprisoned.

Overall though, Valjean’s claim that there is no “new punitiveness,” and that the idea is just political rhetoric, did not go over well with the audience. He did concede, however, that Canada seemed to be heading in the right direction. (Really??) Javert closed the session by quoting Nelson Mandela.

At the 1 o’clock plenary session, Professor Saku Maki of Helsinki University introduced Valjean thus:

Jean Valjean is the universal symbol for English-speaking lawyers and criminologists of the impoverished individual who became an offender only by reason of the State having offended against him . . . I will now invite him to explain in his own words how he feels about this popular image of Valjean as the victim, and never as the victimizer.

In short, Valjean has come to the conclusion that the theft of bread was “extreme and blameworthy,” that he should have just asked for the bread, and that, even though there were starving children involved, he should have waited to earn enough money because it is very rare for someone to die of hunger. (So what is the point of this whole "debate" if you are just going to change the character's beliefs from the book?)

Then Valjean turned the mic over to Professor Reed Johnson of the University of Ottawa, “a genial, ruddy-faced middle-aged individual whose nickname among the student body is ‘Guinness’” (another one of the author’s OCs), who lectured on the question “is it relevant to the selection of a fit sentence that an offender has known but sadness in life?” He cites Eponine and Azelma as examples of abused children who grow up to have a life of crime and speculates that Valjean’s nephews probably became criminals as well. This went on for some time until it was Javert’s turn to speak. Javert stated that he disagreed with Victor Hugo’s assertation that “the faults of women, of children, of the feeble, the indigent, and the ignorant, are the fault of the husbands, the fathers, the masters, the strong, the rich, and the wise.” (So why write a book about the law and Victor Hugo if you don't like what he has to say about the law?) Jean Valjean knew that the audience would want to debate the ideas discussed but to avoid that, he invited Bishop Myriel to provide some closing comments. (Why frame this as a debate if the characters try to avoid a debate!?)

On Wednesday, Jean Valjean recounted the whole story of his 19 years in prison and said:

Having reflected long and hard on my further crimes, and the foolishness of my behavior, I wish to state to you that my friend Javert cannot be faulted for his belief that each of the individual sentences was proportionate to my misconduct, that the total penalty in each case was fairly estimated, and that the gradation of the penalties was not ill-advised.

He asserts that the harsh penalty for his second escape attempt, in which he hit a guard, was warranted, in order to protect “those who hold such dangerous occupations, be they police officers, prosecutors, judges, probation officers, social workers engaged with offenders, etc.,” even though he admits that it is unclear whether punishing attacks against prison guards prevent further attacks. In fact, he admits that “it is the retribution visited upon the prisoners during periodic assertions of naked force by prison staff. . . .that serves to deter future acts of aggression and not the workings of an organized scheme of penalties.”

If I may say, the worst of it is now over (but not entirely done.) At one o’clock, the Bishop led a small group discussion. Recalling the example of a woman in Les Miserables who was manipulated by the police into denouncing her lover for a crime punishable by death, the Bishop said “I am familiar with the words of Robert Reiner, ‘To fight crime the police must themselves resort to tactics which appear to mirror those of their foes, using violence and guile for just ends’, but I am not about to commend such tactics.” Well thank god.

Unfortunately, Fantine’s small group discussion at 3 was not well attended.

I do not doubt that many of you might be surprised that a literary figure such as me, who lived in the Napoleonic period, might be so vitally concerned with the welfare of animals, but such is the case, given Hugo’s own intense respect for all forms of life.

One participant, “Ms. Rita Joe, who was pursuing her doctoral studies at the Faculty of Law, National University of Singapore but who was a member of the Dene Nation and who was grown up in the Yukon Territory of Canada,” contributed to the conversation by quoting Jack London. This seriously short session was the last one on Wednesday.

Thursday was the last day of the conference and in the opening session, Fantine set out to argue that “it is a crime for society to make criminals and offenders out of women, and men, who sell their bodies for money. . .and I do not think that I will need to address you at length in order to demonstrate [my thesis’s] essential validity.” And indeed, she did not address the crowd for long at all, all she did was quote her own story at length. These last few chapters do not feel fleshed out.

Finally, it was time for the last plenary session. The Bishop delivered some closing words about reacclimating to life outside of prison. However, it was Javert who had the final word. He quoted (and no, I am not kidding) David Llyod George, who said, with regard to the establishment of a Jewish state in Palestine, “our function is to guide the path of reform and all trail-blazing is fraught with risk.”

#les miserables #other adaptations #my research #cursed content #fans through the ages

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politemenacephd · 5 months

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I will try to color this later but for now here's a quick sketch. I finished my Spidersona's!!!! Finally!! AAAA! Top one is mine, Dr. Dare (aka Red Fang), who served as Spider-man from 13 to 19 before retiring due to a rare hip and spinal defect. He was kept on by Miguel as the spider society's lawyer, tasked with both keeping spiders out of trouble in their respective universes and helping to define protocol within the society itself. Bottom one is my fiances, Gale (aka Arachno), he was a low level engineer at Alchemax who was accidentally fused with a spider when he wandered into a test chamber while trying to kill it. He has the ability to alter his body into that of a spider to varying degrees, which makes him theoretically very powerful, but he Hates spiders and Hates the bearuocracy and ethos of the society so he's a god awful hero. The two interact a lot, Miguel really wants to recruit Gale but he's a mess. He gets the chance when Gale winds up in prison and is offered immunity only if he joins, so long as he stays under Dr. Dare's watchful eye for his probation. You bet that its giving

✨enemies to lovers ✨ (p.s yes ofc they're gay)

I just think we need more trans and dad bob spiders that's all I'm saying, can never have too many yanno

#across the spiderverse #spidersona #sketch #my ocs #traditional sketch #atsv #spiderverse #spiderverse oc #arachnophobia

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theunquarantinedartist · 1 year

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FUN FACT ABOUT 21 CHUMP STREET I FOUND OUT (Yea I’m a musical nerd- Cut it so my little rant on it doesn’t flood your screen)

OKOK so I’ve always hated the story of 21 Chump Street, I have to be honest. It just felt…wrong? Like, Justin clearly wasn’t in the right mindset, he wouldn’t have gotten weed *had* Naomi never shown up. So, I did some research. TURNS OUT that legally, Naomi committed entrapment.

Let me explain. Under Florida law, entrapment is defined as many things, though we only need 2 definitions for our argument here, those being that entrapment is: “Law enforcement officers used inducement or persuasion methods to convince the defendant to commit a crime, even though he or she was not predisposed to do so.” As well as “The defendant’s actions were caused by the encouragement of a law enforcement officer. Examples of encouragement can be threats, harassment, fraud or flattery.”

In this case, Naomi flattered and persuaded Justin by promising to “repay” him, as well as giving him money (which he didn’t even want in the first place, he got it because SHE wanted it)

Technically, with a lawyer and by not pleading guilty, under Florida law, Justin could’ve gotten probably WAY less than 3 years probation.

Anyways, that’s my rant on 21 Chump Street. Fuck cops, and always ask for a lawyer.

#21 chump street #lin manuel miranda #fuck cops #acab1312 #musicals #FUCK21CHUMPSTREET

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weeklyreadings · 2 years

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Week 33, part one

Aquatic Research by @quietlemonhush

Rated E. 4k. Wolfstar

Remus was keenly aware of what Sirius did and did not like. They’d talked about it, now that Remus had managed to wear down Sirius’ frantic phobia of talking about sex. (He read a report on BF Skinner, something about rats and cheese, and started giving Sirius a blowjob every time he was honest about his desires, and just like that, emotional intimacy.) Remus had a clearly defined lists of do’s, don’ts, and do-but-only-if-I-have-some-weed-in-me, not to mention a secret list of do-but-pretend-I-don’t-like-it-because-I’m-embarassed.

Remus takes Sirius on a trip to the lake to fuck meet a friend.

A Lesson in Fidelity by @quietlemonhush

Rated E. 4k. Wolfstar

If Sirius wanted to play an annoying little game of flirt, Remus could play an annoying little game of his own. In fact, Remus would play the game, win it, and put Sirius on his knees to thank him for the privilege of losing.

Bright Side by @floydig

Rated T. 2k. Drarry

It’s been one year since the war, and Draco is on probation. He lives in a shitty muggle flat in the middle of nowhere in California and delivers pizza.

Harry is Draco’s probation officer who visits far too often.

Paper Rings by lettersbyelise

Rated E. 50k. Drarry

When Harry’s in need of a divorce lawyer, he has no choice but to turn to the best in the trade. Draco Malfoy’s reputation for discretion is flawless, and his track record for winning cases is close to perfect. But he’s also ruthless, passionate, and as infuriating as ever, and the brief relationship he and Harry had in Eighth Year still feels painfully fresh despite two decades spent apart.

What Harry and Draco used to be is all in the past. And surely they can work together in these new, emotionally charged circumstances without falling in love all over again… can’t they?

Penitent by @makeitp1nk

Rated E. 3k. Drarry

Father Harry has been the priest of the Wiltshire parish for under a year. With his seminary degree and training as a transitional deacon barely under his belt, he knows he’s a little green. But his lack of experience cannot deny his nature — he is a true man of God. He believes in love, repentance, absolution, and prayer. That every day we wage internal battles against the devil. What Father Harry doesn’t know is that the devil himself believes in him.

Chapter 24 - 25 by Blackness bleeds by @heartofspells

Rated E. Wolfstar

Remus has turned his back on the Order. They don't want him, don't trust him. So he finds something else, goes to the one person he somehow knows will take him for who and what he is. Except Remus never anticipated just what he would truly find on that other side of grey lines and grey eyes.

The Mating Habits of Snidgets by @shealynn88

Rated G. 4k. Drarry

Harry is the kid that has nothing. Draco is the prat that has everything. When they face off across the Pitch, everything else falls away.

I Like the Way You Move for Me by phdmama

Rated E. 13k. Drarry

Harry and Draco have been Auror partners for over five years, and while they may not be friends outside of work, Draco knows Harry. In fact, he's loved him for years, but he's too afraid of losing what they have to make a move. He's content with what he has, until an Auror trainee begins acting strangely and puts Harry in a difficult position, and what happens next will change everything.

(We'll Call This Fixer-Upper) Home by phdmama

Rated E. 50k. Drarry

Draco Malfoy hasn’t set foot on English soil in ten years. After the war, he fled to America, where he found himself in a community, and healed himself through following his heart into music. He’s now the lead singer and songwriter for an internationally known band, who have come back to headline the Wiltshire Music Festival. But as Draco is about to learn, his past isn’t as far away as he might have believed, and his future may hold more than he ever could have dreamed.

#fic recs #fanfic #hp fanfic #wolfstar #ao3fic #drarry #wolfstar fanfiction

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simardassociates1 · 1 year

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What Should I Know About Ontario Real Estate Law?

Buying or selling a home is a complex transaction involving multiple steps before, during, and after. Whether you are a first-time home buyer or have been through the experience before, real estate law in Ontario can seem overwhelming and result in sleepless nights. Experienced real estate lawyers in Ottawa can help you navigate the buying or selling process to ensure that your transaction is smooth and stress-free.

WHAT DOES AN ONTARIO REAL ESTATE LAWYER DO THAT MY REAL ESTATE AGENT DOESN’T?

Real estate agents are invaluable because they help you find your dream home and negotiate on your behalf for the best deal. However, only a lawyer can answer your legal questions about these documents which you need to understand before you sign. Your real estate lawyer reviews every document related to your transaction. A real estate lawyer signs the transfer of land and ensures that everything is done correctly at the closing. Your real estate lawyers in Ottawa give you peace of mind by answering your questions and handling the transaction properly.

WHAT ARE THE DIFFERENT TYPES OF REAL ESTATE TRANSACTIONS?

Real estate isn’t limited to making a purchase or selling a house. There are many other transactions that might require real estate lawyers in Rockland. If you are getting a mortgage or refinancing, you may want to have a lawyer review the documents before signing to ensure everything is correct. Title transfers outside of a sale, such as a transfer at death, can benefit from a lawyer’s expertise. An estate severance is another transaction where a lawyer can make sure the documents are in order.

CAN A BUYER BACK OUT OF AN ACCEPTED OFFER IN ONTARIO?

Real estate law is often governed by the principle of “caveat emptor,” which is Latin for “let the buyer beware.” Generally speaking, once an offer is made and accepted, the only way to get out of it is for a material misrepresentation in the disclosure statements that is considered a significant part of the essence of the property. Buyers in this position should get advice from their real estate lawyer in Ottawa to determine the best course of action.

WHAT IS THE DIFFERENCE BETWEEN JOINT TENANTS AND TENANTS IN COMMON?

Joint tenancy usually has a right of survivorship. Joint tenants are typically married couples. When one of them dies, the ownership passes to the surviving spouse. Tenancy in common is typically used by non-married parties who own real estate together, whether common-law spouses or family and friends. Each party owns a share of the property. When one owner dies, their interest in the property must go through probate to be dealt with under the terms of the will.

WHAT REAL ESTATE TAX REBATES ARE AVAILABLE IN ONTARIO?

In Ontario, homeowners may qualify for certain rebates, such as the first-time homeowner’s land transfer tax refunds or new housing HST rebate. Each of these tax rebates has specific qualifications defining who is eligible and how much money can be refunded or applied. These laws are complex. It can be beneficial to discuss your options with real estate lawyers in Prescott-Russell to make sure you are utilizing the rebates correctly.

REAL ESTATE LAWYERS SERVING THE OTTAWA AREA

Real estate law in Ontario is complex. Get legal advice about your real estate ventures from a team of capable lawyers with over two decades of experience in the Ottawa Region. Contact us to help you navigate your real estate transactions.

#real estate law ontario #real estate lawyers prescott-russell #real estate lawyers rockland #real estate lawyers ottawa #Real Estate Law in Ontario

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waveridden · 2 years

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okay i am giving myself one (1) more post about the miranda rights thing and then i am going to go outside for a while so i don't throw my computer through a window out of rage

in 2004, a report found that some 80% of juvenile offenders, when asked, could not define what the word "waiver" means. in 2010 amidst a broader scandal involving juvenile delinquents, the overwhelming majority of delinquents and their parents waived their right to an attorney - i can't find the exact clip of it, but one of the mothers involved in this scandal signed the waiver thinking that it was how she got a lawyer for her kid. these processes are as oblique and horrid as possible for everyone (see: the infamous "give me a lawyer, dog" case; the 1989 supreme court ruling that police can legally phrase the rights misleadingly) but miranda rights for juveniles are already in such a weird, sketchy legal place that makes a lot of assumptions about kids' circumstances (see: 1979 supreme court ruling that you can't ask for your probation officer or other non-lawyer legal assistance, and in general states requiring parents' presence for interrogation and permission to waive rights, unless the juvenile is "intelligent" enough (what the fuck does THAT mean) to be interrogated on their own) and so many teenagers already don't understand their rights. this is going to have consequences for many, many people, but especially kids, god, especially kids. i'm so fucking angry.

#waveridden.txt #under the cut so you can skip it and non rebloggable because i don't want this leaving my circle <3 #i'm just angryyyyyyyy

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montereycrimina · 1 day

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How does the law differentiate between simple battery and battery with serious bodily injury?

Legal Definitions and Distinctions

The law distinguishes between simple battery and battery with serious bodily injury based on the severity of the harm inflicted and the intent behind the act. Understanding these differences is crucial for both legal professionals and those involved in such cases. Monterey Criminal Lawyer: Your trusted advocate in navigating complex legal challenges.

Simple Battery

Simple battery is defined as the intentional and unlawful physical contact or use of force against another person without their consent. It does not require the victim to sustain serious or lasting injuries. Examples of simple battery include pushing, slapping, or any minor physical altercation that results in transient discomfort or minor injuries.

Battery with Serious Bodily Injury

In contrast, battery with serious bodily injury involves inflicting substantial harm that poses a significant risk to the victim’s health or causes long-term impairment. This type of battery requires evidence of more severe injuries, such as broken bones, deep lacerations, or injuries requiring extensive medical treatment and recovery time. The key distinction lies in the severity and impact of the injury on the victim’s life.

Intent and Consequences

While both offenses involve intentional harm, battery with serious bodily injury often carries heavier legal consequences due to the gravity of the injuries sustained. The intent to cause serious harm can elevate the charge from simple battery to a more severe offense, leading to longer prison sentences, higher fines, and more stringent probation conditions.

Legal Proceedings and Evidence

In legal proceedings, the prosecution must demonstrate that the defendant’s actions directly caused the serious bodily injury. Medical records, expert testimonies, and evidence of the injury’s impact on the victim’s life are crucial in differentiating between the two charges.

Importance of Legal Expertise

Given the significant differences in consequences, it is essential for individuals facing either charge to seek knowledgeable legal representation. An experienced attorney can help navigate the complexities of the case, ensuring that the nature of the battery is accurately represented and that the defendant's rights are upheld.

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truck-fump · 1 month

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The Words That Have Defined This Week in Donald J. <b>Trump's</b> Trial - The New York Times

New Post has been published on https://www.google.com/url?rct=j&sa=t&url=https://www.nytimes.com/2024/05/01/nyregion/trump-trial-witnesses-moments.html&ct=ga&cd=CAIyGjUzM2UwMTY5ZmFhZTIwMGQ6Y29tOmVuOlVT&usg=AOvVaw1CzwpoNXLw1x9T7JrTGPIf

The Words That Have Defined This Week in Donald J. Trump's Trial - The New York Times

If convicted, Mr. Trump could face probation or up to four years behind bars. Witnesses so far have included a banker, a media executive, a lawyer for …

#Uncategorized

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frankbrunolaw25 · 4 days

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Attorneys For Wills

Ensure your estate is in good hands with expert attorneys for wills. Our experienced legal team provides personalized guidance and secure planning, giving you peace of mind and protecting your legacy for future generations. Contact us for professional will services.

#Real Estate Attorney NYC #define probate lawyer #nursing home abuse lawyer nyc #child custody lawyer nyc #attorneys for wills #will lawyer #Divorce Lawyer Glendale

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completeestatelaw · 2 months

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Guardianship And Financial Management: Ensuring Proper Asset Protection

Guardianship is a crucial legal tool used to protect vulnerable individuals who can’t make decisions for themselves. This is because they are incapable of making such decisions. Much attention is required to give personal care in guardianship. And it is equally important to give that attention to the financial management for guardianship of vulnerable adults. Here, we are exploring some asset protection strategies to help guardians ensure proper asset protection for their loved ones.

Understanding Financial Guardianship

When a person becomes incapacitated and is unable to manage their finances, a guardian is appointed by the court to manage their financial affairs. The responsibility of the guardian can include various things such as managing income, paying bills, making investments, safeguarding assets, and similar things. The financial guardian empowers the incapacitated person to ensure financial well-being and security.

Creating a Financial Plan

The priority in legal guardianship for adults in Kansas should be the creation of a financial plan. This type of plan clearly defines the financial situation of the incapacitated person and their needs and goals. This plan can include budgeting, investment strategies, debt management, and estate planning.

Implementing Safeguards and Controls

Proper asset protection and management for the incapacitated person requires a range of things to prevent financial exploitation and mismanagement. Setting up automatic payments, monitoring bank accounts, transactions, and similar mechanisms can improve accountability. Lawyers specializing in asset protection and management for incapacitated individuals can suggest the best strategies to mitigate the risk of financial abuse and protect the assets of the individual.

Seeking Professional Guidance

Financial guardianship can be challenging, especially for individuals who are not aware of the rules, regulations, and laws. Guardians should never hesitate to take help from attorneys, financial advisors, and other experts with experience in related matters. These professionals can help simplify the financial decisions made by the guardians.

Regular Review and Adjustment

Financial management under guardianship is an ongoing process that requires regular review and adjustments with the help of professionals. By staying proactive and vigilant, guardians can adapt to changing circumstances and ensure continued asset protection for their loved ones.

About Complete Estate & Probate Law:

Complete Estate & Probate Law is a firm offering comprehensive legal services with estate planning, probate lawyers in Kansas City Missouri, and asset protection. The firm has expertise in wills, trusts, and estate litigations, and it provides personalized solutions to ensure a smooth transfer of assets.

Book your consultation now by visiting https://www.completelawkc.com/

Original Source: https://bit.ly/4agP5Kq

#guardianship of vulnerable adults

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legalassistance · 2 months

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How to Avoid Probate in California: A Comprehensive Guide

Probate can be a lengthy and costly process, often adding unnecessary stress to an already difficult time for families. Fortunately, there are strategies available to avoid probate in California, ensuring a smoother transition of assets to beneficiaries. In this comprehensive guide, we'll delve into various methods individuals can employ to bypass probate and the importance of seeking guidance from a knowledgeable professional like a San Jose probate lawyer.

Understanding Probate in California

Probate, as defined in California law, is the court-supervised process of authenticating a will and distributing assets to beneficiaries. This process involves:

Validating the Will: The court ensures the will is authentic and meets legal requirements.

Inventory of Assets: An inventory of the deceased person's assets is compiled.

Payment of Debts and Taxes: Any outstanding debts and taxes are settled from the estate.

Distribution of Assets: Remaining assets are distributed among beneficiaries according to the terms of the will or state law.

Why Avoid Probate?

Avoiding probate in California offers several benefits, including:

Privacy: Probate proceedings are public record, potentially exposing personal and financial details to the public.

Time Efficiency: Probate can be a lengthy process, sometimes taking months or even years to complete.

Cost Savings: Probate fees and court costs can significantly diminish the value of the estate, reducing inheritances for beneficiaries.

Flexibility: By avoiding probate, you have more control over how your assets are distributed and to whom.

Strategies to Avoid Probate

Establish a Living Trust

Living trusts are effective tools for avoiding probate in California. By transferring ownership of assets to a trust, you retain control during your lifetime and specify how assets should be distributed after your death. Since assets held in a trust are not considered part of the probate estate, they can pass directly to beneficiaries without court intervention.

Joint Ownership

Jointly owning property with rights of survivorship allows assets to transfer automatically to the surviving owner upon your death. Common forms of joint ownership include joint tenancy and community property with right of survivorship. However, it's essential to consider potential drawbacks, such as liability for the other owner's debts.

Beneficiary Designations

Assets such as retirement accounts, life insurance policies, and payable-on-death bank accounts allow you to designate beneficiaries directly. Upon your death, these assets bypass probate and transfer directly to the named beneficiaries.

Small Estate Affidavit

For estates with a total value below a certain threshold, California offers a simplified probate process through a small estate affidavit. This option is available for estates valued at $166,250 or less, excluding real estate. By filing an affidavit with the court, you can claim assets and distribute them to heirs without formal probate proceedings.

Why Choose Us?

When it comes to navigating California's probate laws, expertise and guidance are invaluable. At San Jose Probate Lawyer, we offer comprehensive probate avoidance strategies tailored to your unique circumstances. Here's why you should choose us:

Experience: Our team has extensive experience in probate law, ensuring efficient and effective solutions for our clients.

Personalized Approach: We understand that every situation is unique, so we provide personalized guidance to meet your specific needs.

Dedicated Support: From start to finish, we're committed to providing you with the support and guidance you need to navigate the probate process smoothly.

Cost-Effective Solutions: We offer transparent pricing and cost-effective solutions to help you preserve your assets and protect your loved ones' inheritance.

Conclusion

Avoiding probate in California is achievable with careful estate planning and the implementation of effective strategies. By utilizing tools such as living trusts, joint tenancy, beneficiary designations, and gifts, individuals can streamline the transfer of assets to their loved ones while minimizing costs and delays associated with probate. However, it's essential to seek guidance from a qualified professional like a San Jose probate lawyer to ensure your estate plan aligns with your goals and objectives.

For expert assistance in navigating the probate process and implementing probate avoidance strategies, choose Affordable and Express Legal. Contact us today at affordableandexpresslegal.com to schedule a consultation with our experienced team of probate attorneys.

Reference URL :- How to Avoid Probate in California: A Comprehensive Guide

#San Jose probate lawyer

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queensprobatelawyer · 5 months

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Navigating Probate Excellence: Unveiling the Best Probate Lawyer in New York

Introduction:

In the intricate landscape of estate planning and probate, finding the right legal guidance is paramount. When it comes to settling affairs in the bustling metropolis of New York, the expertise of the best probate lawyer can make all the difference. In this article, we delve into the key qualities and services that define the top-tier probate lawyer in New York, ensuring that your estate settlement is handled with precision and care.

Understanding the Role of a Probate Lawyer:

Probate lawyers play a pivotal role in guiding individuals and families through the legal process of estate settlement. From validating wills to navigating complex inheritance issues, their expertise encompasses a wide array of legal intricacies. The best probate lawyer in New York brings a combination of experience, knowledge, and a deep understanding of local probate laws to the table.

Expertise in New York Probate Laws:

One of the defining features of the best probate lawyer in New York is a comprehensive understanding of the state's probate laws. Given the unique legal landscape of New York, a top-tier probate attorney is well-versed in local regulations, court procedures, and the nuances of handling estates within the jurisdiction. This expertise ensures a smooth and efficient probate process tailored to the specific requirements of New York residents.

Personalized Approach to Estate Settlement:

Beyond legal acumen, the best probate lawyer in New York distinguishes themselves by offering a personalized and compassionate approach to estate settlement. Recognizing that each client and estate is unique, these attorneys take the time to understand individual circumstances, family dynamics, and the specific wishes outlined in the will. This personalized approach fosters a strong attorney-client relationship, instilling confidence and peace of mind during what can be a challenging time.

Transparent Communication and Client Empowerment:

Clear and transparent communication is a hallmark of the best probate lawyer in New York. These attorneys prioritize keeping clients informed at every step of the probate process, providing regular updates and addressing any concerns promptly. By fostering open communication, the best probate lawyer empowers clients with knowledge, ensuring they are well-equipped to make informed decisions regarding their estate matters.

Efficiency and Timeliness:

Time is often of the essence in probate proceedings, and the best probate lawyer in New York recognizes the importance of efficiency. These attorneys work diligently to streamline the probate process, minimizing delays and ensuring a timely resolution. Their commitment to efficiency is coupled with a dedication to upholding the highest standards of professionalism and ethical conduct.

Conclusion:

In the vast landscape of legal services, the best probate lawyer in New York stands out as a beacon of expertise, compassion, and efficiency. When facing the complexities of estate settlement in the heart of the city that never sleeps, entrusting your probate matters to the best ensures that your wishes are honored, and your loved ones are safeguarded.

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maranofamilylawyers · 6 months

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Find a Will Lawyer in Hurstville

A Will is the cornerstone of a comprehensive estate plan. Without one, state laws determine how assets are distributed – and this may not align with your wishes.

A local Will Lawyer Hurstville can help you create, revise or update your Will. They can also assist with the process of obtaining a Grant of Probate.

Go To Court Lawyers

Go To Court Lawyers are experienced in helping people defend their rights and achieve the best possible outcomes. They have a reputation for providing highquality legal services and excellent client service. They specialise in a range of areas, including criminal law, family law, compensation claims, and immigration. They are also experts in drink and drug driving law.

Antony Mastrogiannis is a Principal & Solicitor at AM Legal Compensation Lawyers in Hurstville, Sydney. He has a Bachelor of Laws degree and is an Accredited Specialist in Personal Injury law. He is dedicated to achieving justice for his clients and is upto-date with the latest changes in the law.

Estate planning is a key area of New South Wales law. The laws cover everything from how to make a valid Will, to the distribution of assets after death. The law also defines how the executors of a Will must manage the estate and what happens if a person dies without a Will.

AM Legal Compensation Lawyers

Antony Mastrogiannis is a highly respected lawyer who specialises in workers’ compensation. He is known for his empathy, integrity, and commitment to his clients. He works on a no-win, no-fee basis and strives to provide legal solutions that meet the individual needs of each client.

Besides workers’ compensation, he also handles public liability claims. These claims are filed by individuals who have been injured due to the negligence of property owners. They can help you recover the money you deserve.

He has extensive experience in assisting clients with their workers’ compensation claims and other personal injury cases. He has appeared in all levels of courts and tribunals in NSW, including the Supreme Court and Court of Appeal. He is fluent in conversational Greek and attends the local community-based legal centres from time to time to give advice, free of charge.

Owen Hodge Lawyers

Owen Hodge Lawyers offers expert legal services to a wide range of clients. Their services include employment law, workplace injuries, and family and property law. They also assist with business matters and commercial litigation. In addition, they have an experienced team of personal injury lawyers and car accident lawyers.

The firm is deeply committed to community involvement, and attorneys and staff have the opportunity to participate in many charitable initiatives. They believe that giving back makes a difference in people’s lives, and it helps to enrich their professional journey.

Owen Hodge Lawyers Turramurra specialises in assisting North Shore residents with various legal issues, including Will Lawyer Sydney and estates. They provide comprehensive and tailored legal solutions to meet their clients’ individual needs. In addition, they offer flexible appointment hours. They also charge a nominal fee for appointments. This fee covers the cost of the solicitor’s time and administration costs. To book an appointment, visit their website or call them directly.

B Hayward & Co

If you have questions about estate planning or need to find a lawyer in Hurstville, there are several resources available. The Law Society of New South Wales offers a “Find a Lawyer” service, and there are also legal advice services within the city and public libraries. The complexities of Will and Testament laws make it important to have an experienced lawyer help you draft your Will.

Having an effective Will can save your family a lot of stress and money in the future. It is also crucial to plan ahead for possible incapacity, through Power of Attorney and Guardianship documents.

B Hayward & Co can assist with all aspects of your estate planning. They specialise in drafting and amending wills, probate and property transactions. They are also experts in family law, and can guide you through the complex process of divorce or separation. They provide expert advice and work hard to resolve issues without the need for court proceedings.

#Will Lawyer Hurstville

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evelegal · 6 months

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Law Firms - How to Pick the Best One for You

If you are in need of professional and reliable legal advice, then you need to think about the aspects you would like to define the chosen law firm and where to look for that particular law firm. No matter if you need business consultancy or you have been sued and you need competent legal representation, a professional law firm can help you out. lawyer melbourne

Aspects That Define a Truly Reputable Law Firm

First and foremost, the employees of the law firm must have extensive knowledge in their field of activity - the more customers they have had in the past, the better! Part of the knowledge is given by "hands-on experience", this is why lawyers that have represented many people in the past are more preferred than beginners - even so, this is not a general rule.

Moreover, the lawyers should talk to you in clear and plain English, rather than using that legal talk only professionals tend to understand. The lawyer must not forget to offer clear and concise advice and explanations whenever you need them. Also, keep in mind that just like it happens with medicine and other professionals, law has different branches: there is the tax law, civil law, criminal law, divorce law and so on. It is essential to choose the one that best meets your needs. litigation lawyer melbourne

Certification is also highly important, as you must only work with skilled, certified and competent people who have received accreditation from professional bodies. The accreditation is a very good indicator that will help you see whether the law firm in question is actually the most qualified one for your situation.

The client-lawyer privilege is another important aspect, as this is related to mutual respect and understanding - the lawyer must understand your case, he or she must not be judgmental and the lawyer must offer unbiased, objective and useful legal advice. In order to do so, the lawyer must firstly be qualified for the job. probate lawyer melbourne

Where to Look for Good Law Firms?

When it comes to selecting the best firm out of several law firms, it must be mentioned that there is more than just one place where you can go and look for reputable lawyers. There are special legal societies where all the law firms are listed - these institutions can put you in touch with a local firm and you can arrange a consultation, to see whether the firm meets your needs. On the other hand, you can rely on word of mouth - ask your acquaintances for recommendations, and you might be surprised to find an affordable and professional lawyer nearby! On the other hand, the local newspaper or the Internet can also come in handy - especially the local newspaper, as most attorneys and lawyers choose to advertise their services there.

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bizlawyers · 8 months

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7 Living Trust Myths You Should Ignore – Tips from the Best Estate Plan Lawyer

How to secure the future of your loved ones without making them face probate? Well, you should create living trusts with the help of a professional estate plan lawyer to do so. Unlike wills, trusts offer more robust estate planning options. It can also save your beneficiaries from going through time-consuming probate to get access to your assets. Living trusts are one of the most powerful but often misunderstood estate planning tools. Many people miss out on this estate planning tool because of some of the preconceived misconceptions about living trusts.

Let’s debunk them in the below blog post.

What are some common misconceptions (myths) about living trusts?

Living trusts are one of the most vital and powerful estate planning tools. When will becomes history after your death, your living trusts will still protect your assets. It’s one of the most useful estate planning strategies available to protect the future of your family.

And thus, you must ignore the following myths,

Myth#1. You’ll give up your control of your assets once you create a living trust.

It’s one of the biggest myths about living trusts. Most people believe that creating trusts will take their power away over their estate. But well, as a grantor, you’ll still be in charge of your properties.

By creating a living trust, you maintain your control over your assets while defining how they’ll get distributed among your beneficiaries. It’ll also define the name of the person who’ll be in charge of your trust when you’re incapable or dead.

Myth#2. You can’t update your living trusts once created.

Some people think that living trusts are like writing on a stone that can’t be updated. But it’s a myth.

If it’s a revocable trust, then you can update and revoke it whenever you want. But well, for that you’ll need an estate planning attorney.

Myth#3. Living trusts are only for rich people.

Many people define the word ‘trust’ as ‘wealth.’ They think that only billionaires opt for this to leave large inheritances for their child/ren. But in reality, it’s another myth.

Living trusts are one of the most vital foundations for many estate plans. It’s the right tool to keep your loved ones protected in the event of death or incapability.

Myth#4. You won’t need an estate plan if you’ve got living trusts.

Many online posts claim that you don’t need an estate plan once you create a living trust for your loved ones. Well, don’t fall for that, as it’s another big misconception (myth).

A living trust is indeed a very useful estate planning tool with tonnes of benefits. But that doesn’t mean that it offers a complete estate plan. You’ll require other estate planning documents (wills, POA, etc) for your living trusts.

Myth#5. Living trusts are always expensive and complicated.

Have you read somewhere that creating living trusts is super complicated? Well, it’s another myth and you should ignore it.

Like wills, living trusts are also a legal document that contains some legal terms, but it isn’t rocket science. Well, trusts are a bit costlier than wills. But still, living trusts can help your loved ones to save significant amounts of money by avoiding the probate expense.

Myth#6. Your living trusts can keep your items away from creditors.

Can creating a living trust keep your assets safe from creditors? Well, NO. It’s a MYTH.

Having living trusts can define who’ll control your assets after your death or incapability. But that doesn’t mean that you can run away without paying back the creditors. You’ll still have to repay your debts.

Myth#7. Living trusts are only for beneficiaries, not for the creditors.

No, it’s a big myth. Though living trusts are created to pass the estate to beneficiaries, it isn’t only for them.

As the creditor, you’ll be in charge of the affairs of the assets and how it’ll be distributed once you’re dead.

Are you planning to create living trusts for your loved ones? You can create a living trust with the help of a proficient estate plan lawyer. All you’ll have to do is ensure that they’re the right ones.

#estate plan lawyer

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