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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 06-30-2012, 04:46 PM   #16
sky_wire
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Ditto to everything SJ said.

“IF” contacted by the police, identify yourself, and give your home address. When lawfully detained, you are required to divulge this information. If on parole, on probation, or have a CCL, give them that information too. They probably already have this information, and it shows you’re not being an a-hole.

Other than that, the only words out of your mouth should be: “I want to have an attorney present before answering any questions.” Be polite, courteous, and respectful [yes officer/no officer], but firm. No lawyer, to talkie.

I say the following not to alarm you because you probably have absolutely nothing to worry about. I suggest researching how to bond out of jail. SJ commented extensively on this subject. “You can beat the rap, but you can’t beat the ride.” It’s an overworked, cornball expression, but reasonably accurate. With a little planning, you can be arrested and be home before dinner.
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Old 06-30-2012, 06:54 PM   #17
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Good for you SJ......SHE IS HOT and seeing her for 4 yrs now?! That means she was 19 when you started....BROVO ZULE MAN!!
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Old 06-30-2012, 07:30 PM   #18
Big Bud
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Sounds to me, as a new hobbyist, that having an attorney's name and number handy before an arrest or ride happens would be prudent planning. Any suggestions for a good criminal defense attorney in the DFW area with experience successfully negotiating hobbyist/companion legal complications? I can't imagine such a resource wanting to know in advance that your interests might lead you to need his/her services one day...

Off topic... S-J, is she a listed provider?
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Old 06-30-2012, 09:49 PM   #19
acp5762
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She's a cute girl indeed, but she can hardly be classified as a Bodybuilder. Now for all you know her boy friend could be, lol.
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Old 07-01-2012, 12:09 PM   #20
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Quote:
Originally Posted by Big Bud View Post
Off topic... S-J, is she a listed provider?
No. She wouldn't provide in a million years.

Quote:
Originally Posted by acp5762 View Post
She's a cute girl indeed, but she can hardly be classified as a Bodybuilder. Now for all you know her boy friend could be, lol.
Well, for the past four years she's competed and won prizes in bodybuilding contests. But you could be right. Like they say: There's a first time for everything.
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Old 07-01-2012, 03:09 PM   #21
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"IF” contacted by the police, identify yourself, and give your home address. When lawfully detained, you are required to divulge this information."

I believe you only have to identify yourself when you have been arrested, not upon detention, assuming your in Texas.
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Old 07-01-2012, 03:50 PM   #22
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Quote:
Originally Posted by sky_wire View Post
No my friend. I'm 110% certain. I could dig out the section of the penal code if you’re really interested.

Provided the detention is lawful, you are REQUIRED to identify yourself in Texas. A detention is lawful if the officer has “reasonable suspicion to believe that a crime has been committed or that criminal activity is afoot.” (U.S. Supreme Court). Name + address are all that you are legally required to provide. If you are a CCL holder AND you are carrying a firearm, you are required to provide this info too in Texas.

I will provide the statute myself. TX penal code 38.02 (a)
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Old 07-01-2012, 03:53 PM   #23
ShysterJon
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Texas Penal Code Sec. 38.02. FAILURE TO IDENTIFY.

(a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.
(c) Except as provided by Subsections (d) and (e), an offense under this section is:
(1) a Class C misdemeanor if the offense is committed under Subsection (a); or
(2) a Class B misdemeanor if the offense is committed under Subsection (b).
(d) If it is shown on the trial of an offense under this section that the defendant was a fugitive from justice at the time of the offense, the offense is:
(1) a Class B misdemeanor if the offense is committed under Subsection (a); or
(2) a Class A misdemeanor if the offense is committed under Subsection (b).
(e) If conduct that constitutes an offense under this section also constitutes an offense under Section 106.07, Alcoholic Beverage Code, the actor may be prosecuted only under Section 106.07.

See Texas Penal Code § 38.02 (my emphasis).
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Old 07-01-2012, 04:08 PM   #24
sky_wire
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A problem with the internet is you can't take your words back. [embarrassed] Thank you SJ and JW for respectfully educating me in the law of Texas.

Note that it’s a crime to give a FALSE name when DETAINED. I think that’s where most folks get in trouble.

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Old 07-01-2012, 04:48 PM   #25
acp5762
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Quote:
Originally Posted by ShysterJon View Post
No. She wouldn't provide in a million years.

Well, for the past four years she's competed and won prizes in bodybuilding contests. But you could be right. Like they say: There's a first time for everything.
You might have Fitness Model and Bodybuilding confused.
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Old 07-01-2012, 05:05 PM   #26
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No, I don't. But thanks.
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Old 07-01-2012, 05:31 PM   #27
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Shyster,
I have to second that that gal in your avatar is absolutely perfect, good lord, very beautiful young gal. You are a very lucky man, hope she doesnt kill you, oooooh, what a way to go though, lol
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Old 07-01-2012, 10:30 PM   #28
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Quote:
Originally Posted by acp5762 View Post
You might have Fitness Model and Bodybuilding confused.
... Not that it's needed , but most men and women that train for body building contests , do not stay " IN SEASON " as far as the ripped , shredded , and dehydrated look that most obtain before competition . She very much looks as a competitor would look , while not prepping for , let's say , " the Europa " comps.
It's not a natural state of body , to remain in " In season " thru out the year.
Congrads SJ , she's quite the catch
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Old 07-01-2012, 11:02 PM   #29
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Quote:
Originally Posted by scooter61 View Post
... Not that it's needed , but most men and women that train for body building contests , do not stay " IN SEASON " as far as the ripped , shredded , and dehydrated look that most obtain before competition . She very much looks as a competitor would look , while not prepping for , let's say , " the Europa " comps.
It's not a natural state of body , to remain in " In season " thru out the year.
Congrads SJ , she's quite the catch
Thats only true of large male bodybuilders. Not so much for women and small male bodybuilders. You're really only stating what you've heard not what you actually know. I am rather surprised that SJ didn't post a pic of this little vixen in contest shape striking a pose. Especially if he's so proud of her athletic accomplishments. I've been in sports al my life , I still train at 54 years of age 3-5 times a week. I know the difference between a competitor and someone who just works out to maintain a reasonable degree of fitness.
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Old 07-02-2012, 08:40 AM   #30
ShysterJon
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Quote:
Originally Posted by acp5762 View Post
I've been in sports al my life , I still train at 54 years of age 3-5 times a week.
I don't know, dude. You don't look too ripped to me.

Cliff Claven 1.jpg
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