Criminal Substitute Plea Of Accessory After the Fact And Immigration Consequences

Bexar County District Attorney Family Violence - Criminal Substitute Plea Of Accessory After the Fact And Immigration Consequences

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Take this fictional case: A Felony Complaint filed by the Deputy District Attorney for the County of Los Angeles charges that the crime of attempted grand theft of personal asset in violation of Penal Code Section 664/487 (a) was committed by two defendants who unlawfully attempted to take personal asset of a value exceeding 0, to wit: auto parts, the asset of the victim.

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Bexar County District Attorney Family Violence

No. 1 defendant, the passenger, pled no contest (equivalent to guilty) to the fee of attempted grand theft. No. 2 defendant, the driver of the tow truck, who has immigration problems, want to plea to a crime not bright moral turpitude.

But attempted grand theft is a crime bright moral turpitude because one of its elements is intent to permanently deprive another someone or entity with money or personal property. Indeed, the bases for classification of offenses as crimes bright moral turpitude ("Cmt") are the elements of the offenses, and not the facts of the cases.

Accessory After The Fact: Not a Cmt offender:

As a normal rule, a crime involves moral turpitude if it contains an element of theft with an intent to permanently deprive, intent to cause great bodily harm, fraud, as well as malice, or even recklessness and lewdness.

But the definition of moral turpitude is nebulous at best, fomenting uncertainty in court rulings whether unavoidable offenses are crimes bright moral turpitude or not.

Accessory after the fact under California Penal Code Section 32 does not merge the elements of the offense committed by the principal. So, an accessory after the fact (to a felony) who harbors, conceals, or aids a indispensable in such felony, with the intent that said indispensable may avoid or fly arrest, trial, conviction, or punishment, has not committed a crime bright moral turpitude, even if the offense committed by the indispensable is a Cmt.

So, an accessory after the fact to grand theft (not attempted theft) has not committed a crime bright moral turpitude. The accessory has no intent to permanently deprive the victim of money or personal property, an element of attempted as well as consummated grand theft.

Indeed, the Ninth Circuit Court en banc held in Navarro-Lopez v. Gonzales (9th Cir. 2007) 503 F 3rd 1063, an immigration case, that California Penal Code Section 32 is "not for real a crime bright moral turpitude."

Conviction of Accessory Not Relating To Principal's Offense:

Moreover, the conviction of an accessory after the fact of an offense has been held not to be a conviction relating to violence (murder), or controlled substances (drug trafficking).

And the conviction of an accessory after a drug trafficking offense has been held by the Board of Immigration Appeals (Bia) as not a deportable drug conviction nor an aggravated felony drug trafficking in Matter of Batista-Hernandez, 21, I. & N. Dec. 955 (Bia 1997).

In the same manner, conviction of an accessory after the fact will not be held to be conviction relating to fraud, domestic violence, bribery, kidnapping, robbery, sexual battery, criminal threats, forgery, firearms, etc...

Deportation (Now Removal) Or Inadmissibility For Crimes bright Moral Turpitude:

Conviction of a crime bright moral turpitude (Cmt) is a ground for deportation/removal under Ina Section 237 (a)(2)(A)(i) if an alien is convicted of a crime bright moral turpitude committed within five years of last admission for which a sentence of one year or longer may be imposed,or at any time after admission is convicted of two or more crimes bright moral turpitude, not arising out of a particular task of criminal misconduct.

And conviction of a particular crime bright moral turpitude or admission of commission thereof (other than a purely political offense), or an attempt or conspiracy to commit such a crime is a ground for inadmissibility under Ina Section 212(a)(2)(A)(i)(I), but with a petty offense exception.

This irregularity to inadmissibility applies, if the alien has committed only one crime bright moral turpitude with a maximum penalty of imprisonment for one year; and the alien was not sentenced to a term of imprisonment in excess of 6 moths.

Conclusion:

Plea of guilty or no contest to accessory after the fact of the commission of a crime bright moral turpitude (Cmt) by a indispensable does not recapitulate to the offense and avoids conviction of a crime bright moral turpitude (Cmt) and its immigration consequences.

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How to Find Out If someone Is in Jail

Bexar County Sheriff - How to Find Out If someone Is in Jail

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Finding out that a relative or a friend of yours was put behind the bars is already disheartening. What's more, you'll issue yourself searching for the county jail he was placed. For goodness sake, in just on estate, how many jails could there be? Is there any way on how to find out if man is in jail?

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Can you still recall the last state or city he went into? That good memory of yours will lessen your difficulty in finding the exact county jail where your relative or friend is locked up. It is most likely in the last place they have been to that they have gotten themselves into trouble. In that way, you quest is already narrowed down.

Once you have already placed the exact county jail your beloved ones are imprisoned, call the county jail as soon as possible. Don't be worried about your call not getting answered. County jails are like call centers; there are any call operators to entertain your call.

Once your call is answered, get level to your purpose. I hope you're not that brainless to think that they'll entertain prank calls. They do not. These are very busy institutions and they still have to attend to any other important concerns. Ask them to quest for the inmate you're finding for by giving them the full name. There are instances that there are inmates who coincidentally have the same first and last name, for example, Flapp Jack. If this happens, give some more data that can differentiate those inmates from each other such as the birth date or corporal qualities.

What if the inmate I'm finding for is still cannot be found? If that happens, ask the operator to hand the phone to the original prevention officer. prevention officers are most likely the habitancy who can tell you right then and there where the inmate you're finding for was transferred or transported.

But doing this is very manual and could take much of your time. There could be times that just doing the call would take thirty minutes or an hour before it is answered. Going online would make life easier for you.

Is there a technique on how to find out if man is in jail via the Internet? Well, of course! When man is arrested and has taken his photos, finger prints, and other personal information, his booking is uploaded in the Internet. In the Us, they have this principles call Vine or Victim data and notification Everyday, where they upload these bookings for the communal to freely search. In Vine, you also need to know the state where your friends or relatives were imprisoned.

If Vine does not work for you, try to use other quest engines such as Google or Yahoo. If you can still recall the state where your beloveds were arrested; for example, Los Angeles, just type in the quest box, "Los Angeles Sheriff's Office". The Sheriff's office is supposed to have the link to the county jail. And that is how to find out if man is in jail.

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Sheriffs Deputy Exam Questions - impart practice Testing Questions and Answers

Bexar County Sheriff - Sheriffs Deputy Exam Questions - impart practice Testing Questions and Answers

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Passing the Sheriff's Deputy Exam is a key component to becoming a police officer. It doesn't matter which branch you want to work in, either you want to work for the county or the state, if you don't pass, you don't play.

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There are ways to outperform the competition to come to be a Sheriff's deputy, and that competition is fierce. By studying. It seems so simple, yet so many candidates don't do it. There are ways to get ready yourself for the exam, so that you can put yourself ahead of the rest.

The best way is to get a police exam study guide that has institution exams in it. Study this guide and take the institution exams. Both of these things will help you in your establishment for the test. Here is an example of a quiz, you might see on the Sheriff's Deputy exam, write back this quiz, and use good judgment and see if you come up with the same write back that I give below.

Deputy Sheriff institution Test Question:

You are dispatched to a domestic disturbance in the middle of a husband and wife. Upon arrival, there are already two deputies on the scene fighting with the husband. When you run over to assist, the wife charges you with a broken bottle in her hand. You tell her to drop the bottle, but she refuses and continues to strengthen in a threatening manner.

Because the wife refuses to comply with your verbal command, what is your next policy of operation to stop her advancing and put the bottle down?

The definite write back is what you would logically do. If you go for deadly force, that is probably not a wise move, as even though she has threatened you, she has not attacked you. The next logical clarification is to move up to the next level of force, and retrieve the taser gun, and/or the hand held baton.

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Free Sex Offender quest For My Area - How To Find Out Fast!

District Attorney - Free Sex Offender quest For My Area - How To Find Out Fast!

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For me, when it comes to a free sex offender hunt for my area; I'd rather accord it all the concentration it deserves. Conducting a hunt was for me very important; especially when one considers how a lot of population have started to become victims of rape, and other sex-related crimes. Things like these happen because population lack required statistics or fact about the kinds of population they live with in their neighborhood. So, to keep you and your house safe from all kinds of troubles, it would be nice to find sex offenders in your area. The sooner you carried out this search, the better and safer things are going to be for everyone in your neighborhood.

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I was able to contemplate that I was not categorically alone when it comes to conducting a free sex offender hunt for my area. This discovery was an indication that other population were facing similar kinds of problems I also faced. The same goes for everyone out there; there are probably more of these population out there than you already know. In order to get something meaningful out of your search, take some time to read this article.

There are normally two ways to find sex offenders in your area; these are straight through the district offices of each state in America, and the major online directories. The district offices may categorically wish determined fees, and could take close to twenty (21) days before information is released. I categorically cannot say how much time you have left before someone in your neighborhood becomes a victim of a sexual offender; but you need to take a second look at this option.

The online directories are better in terms of precision and time. However, it is prominent to stress the fact that "free sex offender search," as many are made to believe, categorically does not exist in the right sense of it. As a matter of fact, these so-called free directories are affiliate links or sites to the paid sites. Since issues like these bother on credibility and facts; would it not be too risky to risk going to jail because of lack of precise information as presented by a so-called free directory?

However, did you know that you can categorically save yourself from a libel suit by paying a token to passage capability information? It is categorically going to cost you a lot more to find sex offenders in your area if you use a free directory and get into trouble.

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Top 3 Ways to generate Political Slogans That Win!

District Attorney - Top 3 Ways to generate Political Slogans That Win!

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Political slogans can be an integral part of your campaign's communications effort. Slogans present an easy-to-remember way to present your candidate's name and message to the electorate. Ideal political taglines should be pithy and memorable, utilize the candidate's name, and tie directly to the campaign's message:

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1. Make it Memorable

If your political slogans aren't memorable, then... Well, then no one will remember them.   That goes without saying, right? Make your slogans memorable by production them short and pithy. Try using alliteration (starting several words with the same letter) or the "rule of three." This rule says that things are more really remembered when they are presented in threes. (For example: Arlen Specter for District Attorney: He's Smart, He's Tough, and Nobody Owns Him...) Using three short, punchy phrases is a way to make your catchword very memorable.

2. Utilize the Candidate's Name

Every catchword should use the candidate's name as a central part of the tagline. What good is a political catchword if it doesn't help the voters remember the candidate's name? For example:

John Smith for Alderman. No One Cares More about Our Schools.

Clean Streets, Safe Neighborhoods. Ralph Major for Mayor.

Too many campaigns have really catchy slogans that don't use the candidate's name. Don't make this mistake. Always put the candidate's name front and center in your political slogan.

3. Tie Your catchword to the Campaign Message

How should you decide what your campaign catchword should be? The first step is to quote your campaign message - what is it that you most want the voters to remember about your campaign? What sets your candidate apart from "the other guy?" Take that issue (the "message" of your campaign) and use it to craft your slogan.

For example, if your message revolves colse to lower taxes, then so should your tagline.  If your message centers on building new schools in your town, then your tagline should focus on education.

When building your political slogans , remember to make them memorable, use the candidate's name, and tie your tagline as intimately as possible to your campaign's message. Then, test your catchword by running it by as many voters as possible (both supportive and non-supportive) as possible to see what they think. Make some revisions, and then go with it. 

Well crafted, well belief out political slogans can and should form an integral part of your wide campaign communications strategy.

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What's the inequity Between: A Lawyer, Solicitor, Advocate, Barrister, Counselor, and an Attorney?

District Attorney - What's the inequity Between: A Lawyer, Solicitor, Advocate, Barrister, Counselor, and an Attorney?

Hi friends. Now, I learned about District Attorney - What's the inequity Between: A Lawyer, Solicitor, Advocate, Barrister, Counselor, and an Attorney?. Which may be very helpful if you ask me and you. What's the inequity Between: A Lawyer, Solicitor, Advocate, Barrister, Counselor, and an Attorney?

Have you ever wondered where all these somewhat confusing terms came from? Well the reply is they are all types of Lawyers originated from various legal systems. Some of the terms are from the English legal system, some are from Scotland and some from the American legal system.

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An Attorney is somebody legally empowered to represent an additional one person, or act on their behalf.

A Lawyer is somebody who can give legal advice and has been trained in the law.

Are Attorney and Lawyer are synonyms? Basically yes, but they are not necessarily Interchangeable terms, you cannot for instance say I give you the Power of a Lawyer, but you without fail might say I give you the power of Attorney...

Look again at the above definitions, does it now make any sense? Off policy it does.

An attorney in fact is an agent who conducts enterprise under authority that is controlled and slight by a written document called a letter, or power, of attorney granted by the principal. An attorney at law is an officer of a court of law authorized to represent the someone employing him (the client) in legal proceedings.

A Solicitor- One that solicits, especially one that seeks trade or contributions. The chief law officer of a city, town, or government group but does not act as an advocate in court, as opposed to the Attorney who pleads in court. (English Law).

A Barrister(Called Advocate in Scotland) presents the case in court. Most senior and powerful barristers are designated King's (Queen's) counsel.

A advisor at law- In the past at least in some U.S states there was a incompatibility between the term A advisor at Law who argued the case in court and an attorney who prepared the case but didn't argue it.

Nowadays an attorney at law is authorized to practice all the functions of a practicing lawyer. All of them must, however, like the commonplace attorney, be admitted to the bar. The term attorney is also used for county, state, and federal prosecuting officers, as county attorney, district attorney, and attorney general.

Lawyers, also called attorneys, act as both advocates and advisors in our society. As advocates, they represent one of the parties in criminal and civil trials by presenting evidence and arguing in court to retain their client. As advisors, lawyers counsel their clients regarding their legal possession and obligations and suggest particular courses of action in enterprise and personal matters. Although all lawyers are licensed to represent parties in court, some appear in court more frequently than others. Trial lawyers, who specialize in trial work, must be able to think quickly and speak with ease and authority. In addition, familiarity with courtroom rules and strategy is particularly leading in trial work. Still, trial lawyers spend the majority of their time exterior the courtroom, conducting research, interviewing clients and witnesses, and handling other details in making ready for trial.

Lawyers types:

The legal theory affects nearly every aspect of our society, from buying a home to crossing the street. Lawyers hold positions of great responsibility and are obligated to bond to a accurate code of ethics.

The more detailed aspects of a lawyer's job depend upon his or her field of specialization and position. Although all lawyers are licensed to represent parties in court, some appear in court more frequently than others.

Lawyers may specialize in a number of different areas, such as bankruptcy, probate, international, or elder law. Those specializing in environmental law, for example, may represent public-interest groups, waste disposal companies, or construction firms in their dealings with the U.S. Environmental safety group (Epa) and other Federal and State agencies. These lawyers help clients prepare and file for licenses and applications for approval before determined activities may occur. In addition, they represent clients' interests in executive adjudications.

Some lawyers consolidate in the growing field of intellectual property, helping to safe clients' claims to copyrights, artwork under contract, product designs, and computer programs. Still other lawyers suggest guarnatee associates about the legality of guarnatee transactions, writing guarnatee policies to conform with the law and to safe associates from unwarranted claims.

Most lawyers are found in underground practice, where they consolidate on criminal or civil law. In criminal law, lawyers represent individuals who have been charged with crimes and argue their cases in courts of law. Attorneys dealing with civil law sustain clients with litigation, wills, trusts, contracts, mortgages, titles, and leases. Other lawyers cope only public-interest cases--civil or criminal--which may have an impact extending well beyond the personel client.

These issues might involve patents, government regulations, and contracts with other companies, property interests, or collective-bargaining agreements with unions.

Other lawyers work for legal-aid societies--private, nonprofit organizations established to serve disadvantaged people. These lawyers commonly cope civil, rather than criminal, cases. A relatively small number of trained attorneys work in law schools.

The real life situations have created "specialties" agreeing to enterprise profitability. This is how terms like Vioxx Lawyer, Dui Lawyer, Lemon Law Lawyer , Structured Settlements Lawyer and others came about.

Additional Information:

www.Lawyers-Best-Infoweb.com

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juvenile Court in New Jersey

District Attorney - juvenile Court in New Jersey

Hello everybody. Now, I found out about District Attorney - juvenile Court in New Jersey. Which may be very helpful to me therefore you. juvenile Court in New Jersey

Juvenile cases in New Jersey differ greatly from cases exciting adults. The goal of the immature justice system, the proprietary which immature defendants have, the procedures which police and courts must follow, the facilities in which juveniles are detained, the roles of the defense lawyer and the judge, and many other aspects of immature jurisprudence are all significantly dissimilar from the adult criminal system.

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Even the immature Court is separate. immature cases are handled in the house Division, not the Criminal Division, of excellent Court. In a growing estimate of counties, such as Essex, house Court matters are heard in a detach construction from the criminal courts.

The goal of immature Court is to rehabilitate. By definition, the adult penal ideas contains an element of punishment. The immature system, on the other hand, is designed to rehabilitate the youth, rather than punish the criminal act. Thus, the case will not be called "State vs. Jane Doe", but "The State of New Jersey in the Interest of Jane Doe, a juvenile."

A immature case begins with a measurement of probable cause. When a person under the age of 18 is accused of committing an offense, the matter is brought to a court's attention. This is normally the municipal court, and the matter is brought usually, although not always, by the police. Then, a judge or court official such as the Court Administrator or Clerk must determine that there is probable cause to think that the immature has been delinquent, s/he can be taken into custody.

Juvenile charges are brought in the county where the immature resides, rather than where the offense occurred. In appropriate cases, a judge will grant the juvenile's lawyer's appeal to exchange the case to the county of the offense. While the New Jersey's twenty-one counties should strive for uniformity in the handling of immature cases, this is not all the time achieved.

Juveniles are not arrested; they are detained. They are, agreeing to law, taken in into custody for their own protection. Parents or guardians must be notified without delay. Juveniles may not be detained in the same facility, or even the same police car, as adult suspects. They will be given a "detention hearing" by the morning following their detention to determine whether it will be safe to return the immature to the custody of the parent or guardian while the matter is pending.

While in custody, a immature is brought before a judge at least once every three weeks, to divulge the need for prolonged detention. Sometimes juveniles are released to home, but field to home confinement, electronic monitoring, curfews, prolonged employment or school, or other conditions imposed by the court.

A form called a "5A Notice" is sent to the parent(s) or guardian early in the case. This is the house Court's summons for the parent(s) and immature to appear and also to file an application for a communal Defender. The form is a bit confusing, and the varied counties treat the 5A hearings differently.

A immature must have an attorney, and a communal Defender will be appointed for a immature whose house cannot afford to maintain a "private" lawyer. communal defenders are lawyers who are ready to low-income families at slight or no cost. They are normally experienced in immature law and are well-known with the courts. Many of them are exquisite lawyers. In most Nj counties defendants and their parent(s) or guardian(s) must appear at the "5A Hearing," even if they intend to hire a lawyer, as the state or the court may require "intake" information or procedures such as fingerprinting.

Juveniles have no right to a trial by jury; immature trials are heard by a judge without a jury. The rules of trial in immature court are dissimilar from adult court, and at sentencing, the judge has many options that are unavailable to adult defendants. Most immature cases are settled, however without a trial.

New Jersey's immature justice ideas provides many diverse options for rehabilitating the youth. The ideas strives to understand each defendant and to treat each as an individual. In counties such as Essex and Union, where there are any judges sitting in the immature part, repeat offenders are normally scheduled to appear before the same judge, often with the same prosecutor. In appropriate cases, there are programs and plea bargains that allow for dismissals and downgrades, laberious supervision, probation, job training, substance abuse remediation, pyromania counseling, anger management, and much more. An experienced immature attorney can often help fashion a resolution that makes sense.

Not all juveniles are tried in immature court. Some are "waived up" to adult court where they receive adult court medicine and are exposed to adult penalties. Among the factors a court will consider in determining whether to waive a immature up to adult court are the gravity of the crime, the juvenile's age, history, gang affiliation, and the involvement of "adult" instrumentalities such as firearms, motor vehicles, and sexual activity. Offenders convicted as juveniles are not sent to prison, but to places with names like The Training School for Boys, and custodial immature sentences do not exceed five years. Cases that are waived up expose the youth to penalties ranging to twenty years in prison, and even more.

Juvenile records, that is, records of the immature offense, "disappear" once the immature turns eighteen. That is not exactly true - the records remain ready for distinct purposes, but may not commonly be disclosed. field to some very rare exceptions, no employers, schools or government officials may demand about a immature record. immature records may be expunged, later on, in most cases. Consult an attorney.

Experienced New Jersey immature lawyers know that the immature justice ideas favors the youth who make efforts to improve, and who shows promise for a law-abiding future. Supportive families, success in school, part-time or full-time employment, involvement organized community, religious or athletic activities all advise that the youth has a significant likelihood of rehabilitation. Juveniles with these advantages benefit most from the non-penal philosophy of the immature system.

Families seeking a secret attorney should look for an attorney experienced in immature court matters. The house can help the case by appearing in court, by trying to keep the immature out of trouble, and by providing alternative activities and moral maintain to the juvenile. The juvenile's attorney should work towards a resolution that is realistic and rehabilitative, one that has a opening of succeeding. Sensitive handling of immature criminal matters may be the inequity that saves an imperiled juvenile.

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immature Criminal Records

District Attorney - immature Criminal Records

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Nowadays, gaining passage to the criminal records of citizen is a fairly easy process. This is because firms and individuals can well ask for facts from a whole of sources that furnish them. However, the process is not very straightforward when it comes to gaining passage to juvenile criminal records. One think for this is that the criminal records that are maintained by both state and federal authorities that they open to the public are records of adults. In increasing to this, the laws regarding juvenile criminal cases significantly limits passage to these kinds of records as a way of protecting a young person's welfare given that juvenile criminal cases are treated differently by the justice system.

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How juvenile criminal cases are treated by the justice system

The criminal process that is followed in juvenile criminal cases is not the same with the process that is followed when the accused is an adult. This is in general because in juvenile criminal cases, the juvenile is expensed with being a delinquent or entertaining in delinquent behavior instead of being expensed for a exact crime. In increasing to this, these kinds of cases are tried in a juvenile court wherein a court judge would sentence the delinquent with the aim of rehabilitating the juvenile. another major disagreement is that juveniles do not have the right to a trial by jury. However, if a juvenile is accused of committing a serious crime such as murder, the District Attorney, with the permission of the judge can try the juvenile as an adult.

What happens to their records?

As a rule, all juvenile records are supposed to be ended and confidential at the court's discretion and it is also solely dependent on the court if these records would be expunged or destroyed. However, the common convention with regard to destroying juvenile records across separate states is that when the juvenile reach legal age, the court would order the records destroyed. Given this, passage to these records is very dinky and lawyers who may want to look at the juvenile report of an accused would have to prove that it has direct relationship with the crime that an adult man is accused of doing.

Unlike with the criminal records of adults, gaining passage to juvenile criminal records can be a very difficult process. This is because of the separate way juvenile cases are treated by the justice system, which is aimed at protecting the welfare of the juvenile. In increasing to this, there are precise laws that also safe these records from being accessed, which also adds to the strangeness of gaining passage to juvenile criminal records.

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insight Burglary Charges

District Attorney - insight Burglary Charges

Good afternoon. Yesterday, I learned all about District Attorney - insight Burglary Charges. Which may be very helpful if you ask me and you. insight Burglary Charges

If someone is arrested and charged with burglary in Arizona, he or she faces a serious legal situation that could supervene in many years in prison if the defendant is convicted.  There are many distinct types of burglary charges in existence. Building a solid defense against burglary charges will need the help of skilled and experienced criminal defense attorneys.

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Burglary Charges

When speaking strictly of burglary, there are three laws that speak specifically to this term, and their text appears below:

First degree burglary - A someone is guilty of first degree burglary if he or she:

Entered or remained unlawfully in or on a residential structure; and Did so with the intent to commit any theft or felony therein, and Entered with or possessed therein a firearm or explosive.

Second degree burglary - A someone is guilty of second degree burglary if he or she:

Entered or remained unlawfully in or on a residential structure; and Did so with the intent to commit any theft or felony therein.

Third degree burglary - A someone is guilty of third degree burglary if he or she:

Entered or remained unlawfully in or on a nonresidential buildings or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein. Made entry into any part of a motor car by means of a manipulation key or specialist key, with the intent to commit any theft or felony in the motor vehicle.
Penalties connected with Burglary Convictions

Basically, a someone convicted of a burglary charge is practically all the time thought about a convicted felon absent some sort of negotiation or special circumstances.  What this means is that the convicted defendant will likely face a minimum of one year and a maximum of any years in state prison if he or she is found guilty.  The exact estimate of years complex depends on any factors, including the facts of the case and the defendant's criminal record.

Building a Solid Defense

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The Arraignment Process

District Attorney - The Arraignment Process

Good afternoon. Yesterday, I learned all about District Attorney - The Arraignment Process. Which could be very helpful to me and you. The Arraignment Process

When you're arrested, one of the first steps towards a court hearing to ascertain your guilt or innocence is the arraignment hearing, in which you enter your plea. The arraignment is, in a sense, the start of the process of justice, setting it into motion. Your arraignment will set the tone for the entire legal process, so it's important to know what you're going into, and lead with your best foot.

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The arraignment hearing happens shortly after you're arrested. When it happens is dependent on whether or not you were held in jail the night before. If you were, you will be brought into a collective hearing at the District Court the next business day. If you weren't held in jail, the court will issue you a summons requesting your presence on a given day.

The arraignment hearing itself is conducted in collective in a District Court. Usually, misdemeanors will be tried and then sentenced at the same level of court, although you can appeal the decision of the District Court if you feel that you haven't received a fair trial. If you do appeal the decision, your case goes to the classic Court. Additionally, if you prefer, you can ask that your case be tried from the starting in the classic Court.

Felony charges are also arraigned at the District Court level, although they are not tried there. Felonies require a classic Court. Because the arraignment process in this case is more of a bureaucratic process, and many defendants have to plead not guilty at this level even if they want to plead no contest, in order to move the process into the classic Court phase.

Because an arraignment involves whether admitting to or denying the charges against you, it's important to know the distinct pleas you can make at this point. There are three distinct inherent pleas you can enter into the court:
Not guilty. A plea of not guilty means that you are denying the charges against you. Guilty. A plea of guilty means that you are admitting to the charges against you. Pleading guilty can save a long legal process if you did commit the crime you're accused of, and (depending on the circumstances) can make the court be more lenient in its sentencing. No contest. A plea of no contest means that you're neither admitting to or denying the charges against you, and that you will not offer a defense to the charges. In many jurisdictions, it's very similar to pleading guilty.

It's worth noting that a plea of guilty or no contest can be very difficult to take back later.

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Silly Laws in Virginia

District Attorney - Silly Laws in Virginia

Good afternoon. Now, I learned about District Attorney - Silly Laws in Virginia. Which is very helpful if you ask me and you. Silly Laws in Virginia

Anybody that's ever looked through anyone passed by a legislative body has likely seen a number of strange things included that had petite or nothing to do with the main bill or law. These riders are often included to appease a small constituency and don't always have a big or chronic impact. Sometimes these riders come in the form of money for a state or district, and sometimes they come in the form of rules and laws that are quote often, to be frank, silly. Here are some of the silly laws that have managed to make it on the books in Virginia, even if only for a short time.

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Politics As Usual?
This is one that just makes you shake your head. There is a state law "prohibiting corrupt practices of bribery by any person other than candidates." This sounds like the type of law that a corrupt politician got passed to help themselves hold their office against a better, more morally pure candidate.

No Tickle Parties
I'd like to think that this law was the corollary of a more conservative time in the state's history, but I unmistakably can't think of any reason to pass a law that makes it illegal to tickle women. Maybe there was a tickle bandit, but I reason puritan hands are to blame for this law.

Hunting Season
There has been a law in Virginia production it illegal to hunt for any animal on Sunday, with the sole irregularity of raccoons, which may be hunted until 2 Am.

Apparently whoever passed this law didn't feel that raccoons were unmistakably one of God's creatures and thus not worthy of his protection on Sundays.

Clean Your Mule
This has to be an old law as I think it's fair to say that nobody has attempted this in some time. In Culpepper it was made illegal to wash a mule on the sidewalk. I unmistakably hope this isn't a up-to-date law as it may be too much for my mind to handle.

Dress For the Hour
This law is clearly something of an antiquity, but it still makes you want to know the thinking behind it. There has been a law on the books in Norfolk, Virginia that required women to wear a corset after sundown and to be in the business of a male chaperone.

Civility is Key
This law likely goes back to a time when we put more of a prime on civility towards each other. There was enacted a law in Prince William County that made it illegal to cuss about another person. Maybe this also made gossip more civil as well.

Who Gets the Tab?
I'm working under the assumption that this law was passed in response to gambling issues in relation to restaurants, though I could be way off base.

In Richmond, a law was passed production it illegal to flip a coin in a restaurant to see who pays for a coffee. I'm not sure why coffee alone was singled out in this law, nor am I aware of a history of coffee and gambling going hand in hand.

Warning! Lady Driver!
As it has never, to the best of my knowledge, been illegal for women to drive in this country, I unmistakably don't know what to make of this one. In Waynesboro a law was passed production it against the law for a woman to drive a car up Main street unless her husband was walking in front of the car waving a red flag. Did this mean that unmarried women couldn't drive on Main street in Waynesboro? I appreciate a female driver joke here and there within reason, but this seems to be taking the view to excess.

Only the Tip of the Iceberg
This is just a small sampling of the silly laws that you can find not only in Virginia, but across the country. While some may have thinking behind them, in the end they seem frivolous, even though to this day many of them remain on the books of many states, cities, and counties.

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Nc Drug Laws Explained

District Attorney - Nc Drug Laws Explained

Hello everybody. Yesterday, I learned about District Attorney - Nc Drug Laws Explained. Which could be very helpful for me so you. Nc Drug Laws Explained

North Carolina's Drug crimes are harsh, and defense of these crimes requires a Raleigh, Apex, or Cary criminal lawyer well-known not only with the law, but with how the Wake County District Attorney Colon Willoughby and his staff levy the law. The Wake County District Attorney has discrete office "policies" which govern how the discrete assistant district attorneys - the men and women who absolutely prosecute cases - can handle cases. Those policies change from time to time, but basically they govern either the Raleigh prosecutor in your case has any discretion in how to handle your case.

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North Carolina's drug crimes are all statutory crimes in chapter 90, article 5, of the North Carolina general Statutes. North Carolina's drug crimes can either be misdemeanors or felonies. Simple proprietary of less than a half ounce of marijuana is a class 3 misdemeanor, which is the least serious level crime in North Carolina.

Trafficking in 28 grams or more of heroin, which requires proof that the man "knowingly", "sold, manufactured, delivered, transported, or possessed Or conspired to sell manufacture, deliver transport or possess" opium, including heroin, and the quantity is 28 grams or more, the defendant is eligible for a Class C felony with a mandatory minimum sentence of 225 months in prison. That's nearly 19 years in prison for about 1 pound of heroin.

Given the stiff penalties for trafficking - and trafficking doesn't mean you have to be flying nearby in a Colombian - and the fact that those penalties have mandatory minimums, it's easy to see how defendants can absolutely get great sentences for drug charges in Wake County, North Carolina.

In fact, these penalties are shocking to many people who come from New York. As I understand it, New York City prosecutors can give defendants 30 or 60 days of jail time for charges that in North Carolina will mean years and years in prison. Simply saying, "But in New York they do it differently," won't help. You're in North Carolina, where the drug laws are very strict.

The more base drug charges in North Carolina recap to obtaining prescription medication straight through forgery or fraud. That crime can be expensed as a misdemeanor, or, if the prosecutor can prove "intent," as a felony. Oftentimes the defendant will take a misdemeanor plea to such charges, because the Wake County prosecutor will otherwise say she will prosecute the crime as a felony. And since "intent" is not difficult to show in many cases, the defendant may lose at trial and be convicted of the Class I felony.

Another base drug payment is proprietary with intent to sell or deliver. In order to convict on this crime, the Wake County District Attorney must prove that the defendant possessed the controlled substance and intended to sell, manufacture, or deliver it. The prosecutor doesn't have to prove that the man ever sold anything. Just that the man intended to sell, design or deliver it.

"Intent" can be proven by showing that amount was too much for one person's personal use, or that it was packaged in any baggies. Simply finding 10 rocks of crack cocaine was not enough to find intent to sell or deliver. However, having 10 rocks in 10 separate baggies may be enough to convict.

I've seen many cases where the man had recently bought a few baggies of drugs, maybe some pot or crack, and where the police stopped him immediately after, and found a few baggies of pot on him, and expensed Him with proprietary with intent to sell or deliver (Pwisd). Those cases can be defended, so it's not hopeless. But it's foremost to remember that the more baggies the drugs are in, the more likely the police will accuse the defendant of Pwisd and not a Simple proprietary charge.

Finally, the most bizarre crime in North Carolina is the proprietary of counterfeit controlled substance with intent to sell or deliver. Here's what happens. A snitch, Ci, or "confidential informant" working for the Raleigh Police division (Rpd) or the Wake County Sheriff's Office (Wcso) or some other police division goes up to some guy on the street and asks him for a combine of rocks. The guy (who becomes my client!) has nothing on him, but he wants to make a quick . So he tells the man that he'll go "around the corner" to his stash to get some. He goes nearby the corner, picks up a few white/yellowish tiny stones, and comes back. The snitch (Ci) gives him in transfer for the "rocks" which are absolutely stones picked up off the ground, not drugs at all.

Rpd swoops in, stoppage the guy for either "sale or delivery of a counterfeit controlled substance" or "possession with intent to sell or deliver a counterfeit substance." Obviously this is a nonsense crime. This is a crime where one guy has perhaps, at most, cheated the other guy out of in transfer for some pebbles. Maybe it's a kind of fraud. But it is not a drug crime.

But in Wake County, North Carolina, it may be expensed as at least a Class I felony.

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I Learned Something From A Tom Cruise Movie (Updated 3 Times)

District Attorney - I Learned Something From A Tom Cruise Movie (Updated 3 Times)

Hi friends. Now, I found out about District Attorney - I Learned Something From A Tom Cruise Movie (Updated 3 Times). Which could be very helpful in my opinion therefore you. I Learned Something From A Tom Cruise Movie (Updated 3 Times)

July 12th, 2006 4:15Pm California Time

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I know, it's hard to believe, isn't it? I laughed at the title myself several times before ultimately acknowledging the truth of the matter.

What did I learn specifically? Well, it wasn't how to steal cheese, although thank you so much for the picture anonymous web user!
Image credit: [http://users.utu.fi/hajala/Mission] Impossible.jpg

What I learned, specifically from Mission Impossible (The 1st film, released in 1996), was the fate of an exposed Noc. A 'Noc' is an worker of the United States Government, working in a Non-Official Cover
status in the field of Espionage. The fate of a Noc upon being exposed, I learned in 'Mission Impossible' is an approximately assured assassination.

The crux of the whole film depended upon Ethan Hunt (A Noc played by Cruise)'s potential to keep a list of Nocs from being exposed. American espionage agents, both legal and non, both fictional and non, have many enemies that would like to see them dead.

'Oh, it's just a movie!' You might say. But in fact, Nocs are real, and their identity is Classified by the United States Congress.

Wikipedia on Nocs -(Non-Official Cover Operatives)
"The degree of sophistication put into nonofficial cover stories can vary considerably. Sometimes, an agent will plainly be appointed to a position in a well-established company which can contribute the acceptable opportunities. Other times, whole front associates can be established in order to contribute false identities for agents. Examples include Air America, used by the Cia while the Vietnam War, and made famed by the eponymous film. Another is Brewster Jennings & Associates, used by the Cia in Wmd investigations, and made famed by the Plame Affair. The use of front associates can be dangerous, however, as the exposure of a particular agent will expose the whole operation."
http://en.wikipedia.org/wiki/Nonofficial_cover

The topic of the day in American Politics has most obviously been the admission by Reporter Robert Novak that Karl Rove easily did apprise him of the identity of Valerie Plame, a Noc, and that he did knowingly print Valerie Plame's identity in his syndicated column.

Did Robert Novak break the law?
According to 50 Usc Sec. 435. Procedures (which is the law in question), 'No'. A reporter is not bound by the restrictions imposed upon an worker of the menagerial Branch. He did however commit Treason in this case, as this particular exposure of Classified information did measurable damage to the protection of our nation. (See Wikipedia Entry on Noc above)

Did Karl Rove break the law?
According to 50 Usc Sec. 435. Procedures (which is the law in question), 'Yes'. Mr Rove, as an worker of the current Bush Administration, is bound by the restrictions imposed upon a member of the menagerial branch not to relate Classified information to those without permissible authorization. He is added guilty of Treason in this case, as this particular exposure of Classified information did measurable damage to the protection of our nation. (See Wikipedia Entry on Noc above)

50 Usc Section 435 is a Federal Law, and is The law in query when attempting to reconcile acts of declassifying data. If there is a query as to whether or not a 'leak' was legal, 50 Usc Sec. 435 is where lawyers go to find out. It can be found here:
[http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WaisdocId=743412387478] 0 0 0&Waisaction=retrieve

It can also be found here:
http://www.washingtonwatchdog.org/documents/usc/ttl50/ch15/subchVi/sec435.html

Further, 50 Usc Sec. 435 is posted in word format in the sidebar for this page, so you can download it for your own use.

All Amendments and resulting menagerial Orders (which operate within but do not trump this law) are included at the above address. Also included within the law is a detailed outline of the legal process an menagerial branch legal must endure in order to legally declassify data. Anything who cares to speak to you about the legality of the Valerie Plame outing, who does not reference 50 Usc Section 435, should be questioned added before acceptance as a credible source.

This law was enacted by Congress on December 5th, 1991, well before Bush took office.

There has been some query recently among the group about the status of Valerie Plame's identity before it's publication by Novak and Judith Miller (Ny Times). To bring clarity to the situation,
http://en.wikipedia.org/wiki/Cia_leak_grand_jury_investigation

In September 2003, the Cia requested that the Justice department investigate the inherent unauthorized disclosure of a Cia officer's classified identity, that officer being Plame. Wikipedia has detailed the whole investigation that followed the Cia's actions here:
http://en.wikipedia.org/wiki/Plame_affair#_note-32

President Bush has effortlessly admitted that Plame's status was easily classified, and when the investigation began he vowed to fire Anything involved in the 'leak' from his Administration.

George W. Bush - June 10, 2004 (Responding to a media query which asked "do you stand by your pledge to fire Anything found to have . . . Leaked [Valerie Plame's] name?"): "Yes. And that's up to the U.S. Attorney to find the facts."

George W. Bush - July 18, 2005: "I would like this to end as quickly as inherent so we know the facts. And if someone committed a crime, they will no longer work in my administration."

George W. Bush - September 30, 2003: " And if there is a leak out of my administration, I want to know who it is. And if the someone has violated law, the someone will be taken care of. ... I don't know of anyone in my management who leaked classified information. If somebody did leak classified information, I'd like to know it, and we'll take the acceptable action."

Bush's Press Secretary, Scott McClellan affirmed these statements repeatedly:
Scott McClellan - September 29, 2003: "The President has set high standards, the top of standards for citizen in his administration. He's made it very clear to citizen in his management that he expects them to adhere to the top standards of conduct. If Anything in this management was involved in it, they would no longer be in this administration."

Scott McClellan - October 7, 2003: "Let me riposte what the President has said. I speak for the President and I'll talk to you about what he wants." and "If someone leaked classified information, the President wants to know. If someone in this management leaked classified information, they will no longer be a part of this administration, because that's not the way this White House operates, that's not the way this President expects citizen in his management to conduct their business." -source: Wikipedia.org

To summarize thus far, 50 Usc Section 435 states that menagerial branch employees and officials must declassify data in a manner consistent with the outlined format within said law. The manner of the leak was not consistent with this law, implicating the leakers as guilty of violating 50 Usc Sec 435. This information should plainly beget indictments pursuant to this law. The leakers are now (as of June 12th, 2006) known in the group forum to be along with but not diminutive to: Karl Rove, Lewis 'Scooter' Libby, and Dick Armitage. President Bush and Dick Cheney have admitted publicly to authorizing the leak, along with them in this violation. Their claim of menagerial Privilege does not exempt them from laws specifically written to curtail the powers of the menagerial Branch.

Further, this particular act of illegal declassification was detrimental to the protection of the United States of America. This leak exposed a Cia front company, Brewster Jennings, and every operative both domestic and abroad working within that front to manufacture solid brain on the nuclear capabilities of Iran.

An act of this nature is otherwise known as 'Treason'.
According to my source of option for this article, Wikipedia:
"In law, treason is the crime of disloyalty to one's nation or state. A someone who betrays the nation of their citizenship and/or reneges on an oath of loyalty and in some way willfully cooperates with an enemy, is determined to be a traitor."

The Constitution tells us exactly what to do with those guilty of Treason who are employed within the menagerial Branch:
Section. 4. The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
The whole document can be found here:
[http://www.constitution.powersandmorrison.com]

All employees and officials of the menagerial branch are branch to the above cited section of the Constitution.

Okay, now that you have all of the facts, go take Another look at that hilarious mouse picture at the top of this article. And the next time someone tries to clarify to you that the President can do Anything he wants to, direct them to this page, and tell them that Tom Cruise easily knows something they don't.

(Update 1)
Breaking News - 7/13/06 4:51Pm California Time
On the heels of this investigation, and the distribution of the results to the mainstream media and affiliated legal parties, it is my delight to announce that Valerie Plame Wilson, and her husband Joseph Wilson have filed suit in U.S. District Court today.

'In a lawsuit filed in U.S. District Court, Valerie Plame and her husband, Joseph Wilson, a old U.S. Ambassador, accused Cheney, Rove and I. Lewis "Scooter" Libby of participating in a "whispering campaign" to relate Plame's Cia identity and punish Wilson for criticizing the Bush administration's motives in Iraq.' -(Ap)

Ap News Article:
[http://abcnews.go.com/Politics/wireStory?id=2189932]

Reuters Article:
http://today.reuters.com/news/newsArticle.aspx?type=topNews&storyId=2006-07-13T210506Z_01_N13360644_Rtrukoc_0_Us-Bush-Leak.xml

The distribution of the referenced law (50 Usc Sec. 435) occurred this afternoon via the following letter:

To Whom It May Concern:

Regarding the Valerie Plame Outing Investigations,
currently being conducted by special Counsel Patrick
Fitzgerald

This message has been sent to the following:

The Offices of Patrick Fitzgerald, special Counsel

The Offices of Robert Luskin, Attorney for Karl Rove

Joseph Wilson, fmr. U.S. Ambassador

Valerie Plame-Wilson

Christopher Wolf, Attorney for Valerie Plame-Wilson

Air America Radio

Msnbc

Cnn

The Ny Times

The Washington Post

The La Times

The Chicago Tribune

The Sf Chronicle

Attn: The Law Pertaining To The Declassification of
Classified Information, and the Processes Required to
Effect Such, Has Been settled By Nathan Morrison of
Powers&Morrison ([http://www.powersandmorrison.com]).

This law, 50 Usc Sec. 435, has been made available to
the mainstream media at large in it's entirety. All
relevant legal parties have been informed.

The original article, detailing the publish of this
information at P&M, is here:
[http://www.LibertyInChaos.PowersAndMorrison.com]

The report is titled: "I Learned Something From A Tom
Cruise Movie", and is settled at the top of that page.

The law (50Usc Sec. 435) is also available at this page
in .txt format for your uses. It is also posted below
for convenience.

For added information, please contact:
Nathan Morrison
Morrison@PowersAndMorrison.com

Thank you for your time.

(Update 2)
July 13th, 2006 6:30Pm California Time
Breaking News -- Exclusive to Powers&Morrison.com

Joseph Wilson and Valerie Plame will be holding a Press argument tomorrow morning, and explaining the lawsuit filed today (See update 1 below).
Tune in to your national news assistance of option Friday, Am Eastern Time. Your questions will be answered then.

Thank you readers for your reserve in getting the word out on this. Every person at P&M appreciates your sentiments, and your assistance in the struggle for justice for Valerie Plame.

(Update 3)
Breaking News - July 14th, 2006 11:22Am California Time
Valerie Plame Wilson and her husband Joseph Wilson gave a press argument this morning, detailing the suit they filed yesterday against Vice President Dick Cheney, Presidential Adviser Karl Rove, and Lewis Libby.
The Video of the Press Conference, provided by Cnn, is here:
http://www.cnn.com/video/politics/2006/07/14/sot.cia.leak.plame.wilson.cnn/content.html#

In unrelated news, I will be out of the office all next week. I will be receiving your emails at irregular intervals, so please forgive the delay in my response time. I will be posting intermittently while away.
I will return to my news desk on Monday, July 24th.
-Morrison

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Keep Your Eye on Your Local settlement Trustees

District Attorney - Keep Your Eye on Your Local settlement Trustees

Hi friends. Yesterday, I learned about District Attorney - Keep Your Eye on Your Local settlement Trustees. Which is very helpful in my experience so you. Keep Your Eye on Your Local settlement Trustees

You elect your local trustees, be they for your village, your schools or your library. For most people, the closest touch they ever have with their elected officials is at the ballot box. Maybe you saw an ad on a neighbor's lawn and the photograph looked good, so you voted for that candidate. Or maybe you unmistakably do know the candidate personally and you like him/her. So you check the box to vote him/her into office.

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I happen to be an elected member of the Nippersink Library District board of trustees. The suspect I am there is that I've always loved my local library; I've always found it to be a warm place (or cool in the summer) where I can pick up the local newspaper and read it - relatively undisturbed. Or I can peruse the newest novels. I can also borrow Dvd's and audio books to keep me firm when I'm in my car. And I felt that I needed to come to be complicated in my community. I'm always amazed at the number of separate things you can do at the library. So I ran for the office and won (unopposed, I should add).

I have also attended community and school board meetings. But that was always when I had a burning concept to relay to the boards. For instance, in 1999 the community of Richmond was scheduled to vote on either a parcel of land next to my property should be annexed and rezoned. I was against it. So were a whole bunch of other citizens in Richmond who attended that meeting. The community board passed the annexation over our objections, or, it seemed to me, to spite our objections.

I had similar experiences with our school boards. No matter how many citizen showed up for a singular meeting, we always felt that the school board trustees turned a deaf ear on our appeals. Or as the grade school superintendent said, "We agree to disagree!" Well, hot damn!

Earlier this month (July 2002) the Richmond Zoning Board agreed to propose the annexation and rezoning of a hotly contested piece of property to the community board. Two citizens, Rommy Lopat and John Drummond, took it upon themselves to hire a few precious attorneys and city planners. They attempted to give the community board a separate perspective about the annexation than what the board was hearing from the developer the community President and the Zoning Board President.

This was a gorgeous thing to watch. Fifty or so community residents filled the meeting room and they were allowed to express their opinions. The follow was that the board voted to delay their decision until September so that they might be allowed to tell the data that was presented.

At first I was elated. Then reality set in. I began to comprehend that to fight power you need power. Money equals power. What if Rommy Lopat and John Drummond could not afford to bring in devotee witnesses? I think the citizens would have been speedily rolled over and buried. This is the way, I realized, that government works. You must have power to be heard.

The awful truth is that I leave the meetings feeling that we had just done battle with the opposition. We always lost. I felt that the outcome was predetermined, that the board attitude is a bit condescending. I do believe that, generally, boards feel they have a duty to the communal to help the public, but I think they also think that we citizens are uneducated and bothersome, like mosquitoes which must be squashed to be quieted.

Maybe your local boards Do listen to you. Maybe Richmond's boards are the rare exception. But I think not. I think that most boards nearby the whole country reflect the attitudes of the Richmond boards: the citizens are nuisances to be endured because the law says they must endure us.

Why are the boards so adversarial in nature? Does it have to be that way? Do we not, as taxpaying citizens, deserve to be listened to carefully and Honestly?

It's time to stand up and be counted, folks. Do go to your local board meetings, if only to show them that you are watching!

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The Cost of Filing Bankruptcy

District Attorney - The Cost of Filing Bankruptcy

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The new bankruptcy laws have increased the cost to file due to the further work attorneys, and those filing have to do in order to perfect the petition, and have it suitable by the courts. Below you will find a breakdown of all the costs connected with filing bankruptcy.

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Pre-Bankruptcy reputation Counseling - Every filer must perfect a reputation counseling procedure within 180 days before filing your petition. This procedure must be taken by an beloved town and can usually be done online or over the phone. The procedure fee varies depending on the location, but the mean cost is about .

Bankruptcy petition preparing - The Federal Bankruptcy Code allows filers to pick to prepare their petition themselves, hire an attorney, or hire a non-attorney bankruptcy petition preparer (Nabpp). If you plan on filing bankruptcy by yourself you will have to buy the official forms (.95), find free forms online (), or buy software that will help walk you straight through the process (.95). These costs are minimal, but if you are at all uncomfortable with completing your petition by yourself when filing bankruptcy, you will likely want to hire an attorney.

For a part 7 bankruptcy, the mean cost for an attorney is 00, and for part 13 the mean cost is now nearby 00 due to the unabridged paperwork and background checks that are needed to perfect the petition. In some circumstances your attorney costs can be included in the filing, so it's important to explore all your options. If you are knowledgeable about bankruptcy law but want a professionally ready petition you can hire a Nabpp. The mean cost of an Nabpp is 0 as it is typically set by each state, but some districts are extremely hard on filers who use Nabpp's, as they view them as taking firm from attorney's and may give you a hard time about your petition, even if all things is correct.

Bankruptcy petition Filing Costs - Once your petition is prepared, there are court filing fees that must be submitted when you file your forms. There are options for pay in installments, and other options, but we won't discuss those here. The filing costs for petitions are 9 for a Ch 7 and 4 for a Ch 13.

Personal Financial supervision procedure - After your bankruptcy petition is filed you have one more fee to go. Once your forms are suitable you will get a notice in the mail that you need to perfect the personal financial supervision course. Just like the reputation counseling course, the cost will vary depending on the location of the procedure but the mean cost is nearby .

Total Cost To File Bankruptcy - If you perfect all things yourself you can file for as low as 9, and if you use an attorney, filing can cost you upwards of 69 or more.

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Scam Network Marketing record - Asd is Shut Down

District Attorney - Scam Network Marketing record - Asd is Shut Down

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Asd Cash Generator has been shut down by the U.S. Attorney's office.

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On Friday, August 1, 2008, the firm sent out this modernize to its affiliates:

"Upon direction from the U.S. Attorney's Office in the District of Columbia, Asd will not be able to move funds into firm accounts, or out of them. We will work to decide this problem, and return to general operation, as soon as we are permitted to do so."

What happens to all of the population who have spent hundreds, even Thousands of dollars on these ad packs that claim they will end up development much more than that. They lure you in by telling you that the more you spend, the more you will make. But now there are population who have spend this money. What will happen to them? Will they get their money back? Or will Asd use that for legal fees? Only time will tell. In their video that they used to get population to join they kept saying "We are Not a scam. We are Not a pyramid scheme". Hhhmmm...if you are not a thief, is there any logical surmise for you to proclaim to everybody that you are not a thief?? I think not.

Will Your Mlm / network marketing firm be next on the chopping block? Educate yourself, safe yourself, and make sure you do your homework before you commit to any company. There a a lot of scams and ripoffs out there. Read the policies and procedures and the comp plan for any firm you are mental of joining.

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Where do I derive a Restraining Order in Rhode Island? Family, District or excellent Court?

District Attorney - Where do I derive a Restraining Order in Rhode Island? Family, District or excellent Court?

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Rhode Island family Court Jurisdiction:

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If the restraining order is against your husband or wife or ex husband or ex-wife or against a family member by blood or marriage then it should be filed in Rhode Island family Court. If there is a pending Rhode Island divorce, then the restraining order against a spouse should be filed in family Court. If the restraining order is against a someone who you have a child with, then the restraining order should be filed in family Court. A Restraining order filed by a immature or against a immature must be filed in family Court. A restraining order brought by a parent on profit of the minor children against an additional one parent must be pursued in the family Court.

Before obtaining a restraining order a someone should Consult a Rhode Island lawyer. Please note that this report does not address the grounds considerable to fetch a restraining order. report by Attorney David Slepkow 401-437-1100.

There are two types of family Court restraining orders, "Complaint safety from Abuse" and a civil restraining order. In a Complaint safety from Abuse, the Court has jurisdiction to issue a restraining order for up to 3 years. Violation of a Rhode Island Complaint safety from abuse restraining order is a crime. A violation of a civil restraining order is not a crime but is punishable by contempt. Please note that civil restraining orders are not nearly as efficient as a complaint safety from abuse restraining order and when sought are typically part of a divorce.

In a Complaint safety from Abuse, the family Court can award temporary child support, visitation, and temporary custody of the children. The Court can also award visitation and in some instances may order supervised visitation. The Court can order that the Defendant vacate forthwith and remain out of the household. The Court can also order that a someone take batterers classes or drug and alcohol counseling. The Court can order drug and alcohol testing. The Court can also order the Defendant to Surrender ownership of all firearms / guns to the Police department.

Rhode Island District Court Jurisdiction:

If the restraining order is against a current boyfriend or girlfriend or an ex boyfriend or girlfriend who you had a substantive dating relationship within the prior year but you have no child with, then Rhode Island District Court is the proper Forum. If you have a child with your current or ex boyfriend/ girlfriend then the restraining order should be filed in the family Court.(see above) A restraining order against a current roommate can be filed in District Court. Violation of a District Court Restraining order is a crime.

Ri excellent Court Restraining orders:

If you are seeking a restraining order against a prior friend, neighbor, landlord or whatever else then the restraining order must be filed in excellent Court. Violation of a excellent Court restraining order does not constitute a crime. Violation of a excellent Court Restraining Order is punishable by contempt which could potentially lead to a duration of incarceration.

What is the difference between a restraining order and a no perceive order?

A No perceive order is an order issued as a supervene of a criminal charge. A no perceive order issues at an arraignment whether at the police hub or at Court. Violation of a no perceive order is a crime in itself and may constitute a violation of Probation or a filing. A no perceive order expires when the case is over (dismissal or not guilty finding) and at the end of any probation, filing or suspended sentence. A Restraining order stays in supervene until the date designated on the restraining order.

If there is a no perceive order protecting me should I also fetch a restraining order ?

A no perceive order expires when a case is dismissed, a someone is found not guilty or after any sentence expires. The No perceive order will expire when a probation or filing or suspended sentence is over. If you feel you need safety in case the no perceive order expires and are in fear of the someone then you may consider seeking a restraining order in expanding to the no perceive order. If there are issues regarding child reserve and visitation then you may want to seek a restraining order in expanding to a no perceive order.

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Legal Jobs: How to come to be a Legal Researcher

District Attorney - Legal Jobs: How to come to be a Legal Researcher

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Many citizen think of the law as a field for judges and lawyers only. But the legal profession is full of inviting types of jobs, many of which are inviting and interesting, and many of which pay well, too. The job of legal researcher is just such a job.

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A legal researcher is someone who researches past cases, legal precedents and legal statutes for a lawyer or a law firm. The facts a researcher gathers will come to be an leading part of a lawyer's presentation to a jury, or to motions that a lawyer files. Legal researchers used to spend hours toiling away in law libraries, poring over documents and pawing straight through thick law books. The Internet has changed this profession, however, as it's changed so many professions. Now, much of a legal researcher's work is performed online. Still, the job requires truthful work, patience, and persistence. You might be searching for one obscure case among thousands of cases. Sometimes, you might not even know absolutely what you're searching for, only that you'll know it when you find it. You also have to be someone who is an independent worker, and someone who is self-motivated and able to corollary instructions well, because frequently you will plainly receive a complicated set of instructions and be left unsupervised to unblemished them. Legal researchers also prepare legal documents and memos in many cases.

To come to be a legal researcher, you need to be an accredited paralegal (a paralegal is a legal assistant). That means you'll have to have at least an associate's degree, although more often nowadays legal assistants will need at least a bachelor's degree in order to procure a good job. It wouldn't hurt to have an advanced degree, either.

When it comes time to find a job, you have to decree either you want to work for government lawyers at a private law firm. Most legal researchers work in private offices-about seven in ten. This work can be more stressful and more demanding, but it also tends to pay significantly better. If you choose government employment, you can either work for the Justice department (most communal legal researchers work for the Justice Department) or work for a district attorney. You might even think about becoming a freelancer. It was once highly unusual for a legal researcher to work for himself or herself, but with the Internet it's becoming much less rare. This kind of work would involve firms all over the country assigning you explore projects and legal documents to prepare over the Internet, and you would work one project at a time. The beauty of legal freelancing is that you can set your own hours and be your own boss. The downside, of course, is that income is not steady and there might be times when you are in the middle of assignments and not receiving a paycheck. Still, if you are tenacious and self-motivated it's likely you'll find fullness of employment.

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Criminal Defendants on Trial - Motions to Dismiss Charges

District Attorney - Criminal Defendants on Trial - Motions to Dismiss Charges

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Before Charges are Filed It is requisite to preserve an experienced criminal defense lawyer as soon as potential after the accused is arrested. In fact, if the police feel the accused while their investigation but before arrest, it is time to consult with a criminal defense lawyer. As the attorney discusses the investigation with the detective he might be able to convince the police not to make an arrest at all or to arrest on lesser charges. One of the attorney's customary functions is to exertion to cut or eliminate the charges. That is the basal thrust behind motions to dismiss throughout the entire case: to cut or eliminate charges.

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After the arrest there is a tiny window of two to three weeks before the State Attorney's Office files the formal charges. This is a crucial time window. Wouldn't it be great to be in the conference room when the State's case filing attorneys are inspecting what, if any, charges they will file in this case? Well, the accused cannot be there. The experienced criminal defense lawyer knows just how to gift the facts in preserve of his client's position in front of this esteemed group of prosecutors so that they will give due notice to the arguments for reducing or eliminating charges. This considerable tool takes place before they really file charges. This, too, is akin to a motion to dismiss or cut charges that the attorney can work with even before the case begins in Court.
After Charges Have Been Filed Once the State Attorney's case filing section decides on the charges, a written information is filed with the Clerk in the Court file. At this point, these are the formal charges that the attorney will be fighting on his client's behalf. The Court will set an Arraignment, which is the first Court hearing. The formal charges may be read aloud in open Court unless the accused decides to waive the reading. Next the accused must make a option between two potential pleas. The attorney will acquaint the Court if the accused intends to plead guilty [meaning a jury trial is not wanted and the Court can enounce sentence right away], or the accused can plead not guilty [meaning a jury trial is desired and none of the Constitutional possession will be waived].

If the attorney selects to file a Written Plea of Not Guilty and inquire for Jury Trial with the Court prior to the date of the Arraignment, the Court will waive the presence of the defendant and his/her attorney and the reading of the charges is also waived. This procedure can save the defendant a trip to the courthouse. This is the only Court hearing where the presence of the defendant can be automatically waived. [If a defendant lives out of state or has some particular impediment to appearing in Court personally, the attorney can file a written motion for the Court to waive his/her appearance and gather an Order to that affect. This is beyond the scope of this article.]

Whether the defendant appears for formal Arraignment or waives it by Written Plea filed by his/her attorney beforehand, the attorney will all the time ask the Court for 15 days for the filing of Defense motions. The rules of Court ordinarily set the time for production motions to dismiss at the time of Arraignment. It is rare that the lawyer could be ready so soon in the representation to enounce grounds for dismissing the charges in writing together with case citations of law. This is why the attorney asks for more time to explore whether there are viable grounds for filing a motion to Dismiss and to perform the permissible legal research. If the grounds for dismissal are based on basal possession [i.e., possession that arise under the U.S. Constitution] they can be raised at any time while the pre-trial procedure.
The Written motion to Dismiss There are two basic divisions of the Court system: civil cases concern money issues; criminal cases concern freedom interests. While in civil cases the motion to dismiss is filed with every reply to every complaint and is very often granted by the Court, in criminal cases a motion to dismiss is less often used. That is because in criminal cases the State brings the charges and only the State can turn or alter the charges unless there are clear grounds for the Court to take operate and dismiss as a matter of law. For example, if the statute of limitations has run, the Court can decide that from the record and dismiss that fee as a matter of law.

The criminal law motion to dismiss is really more like the civil law motion for overview judgment. In both of these, the party production the motion is saying in ensue that there are no material facts in dispute and therefore the law requires that the charge/complaint be dismissed. In civil cases, the other party will try to file affidavits or statements under oath that controvert the facts and thus wish the case to go to a jury to decide the factual questions. In criminal cases, the State can file a traverse which is a response outlining the facts that are really in dispute. If the State can show that there is a factual dispute, the motion to dismiss must be denied and the case must go to the jury to decide those facts.

The motion to dismiss must be made in writing and state that there are no material disputed facts and that the undisputed facts do not institute a prima facie case of guilt or that they do institute a faultless defense. The attorney will cite to police reports, affidavits, depositions under oath, etc. To preserve the motion to dismiss. The motion must be sworn to under oath by the defendant or by someone with personal knowledge. All defenses ready by plea, other than not guilty, must be raised by a motion to dismiss whether they present to matters of form, substance, former acquittal, former jeopardy, not guilty by intuit of insanity, or any other defense.

The function of the attorney remains constant. He is consistently trying to cut or eliminate charges.
The State's Response to the motion to Dismiss If the motion is sufficient on its face, the State must oppose by whether traverse or demurer. A traverse says that the motion's factual assertions are false or incomplete and issues of fact remain as to whether the defendant committed the crime. A demurrer says that even if the facts alleged by the defendant are true and complete, dismissal cannot be granted as a matter of law. If the state's traverse or demurrer indicates ultimate facts that raise a material issue of fact in the case, the Court must deny the motion to dismiss.
Evidentiary Uses Sworn motions to dismiss and traverses are sharp tools in the criminal defense lawyer's hand as he crafts this pretrial battle. Even more they are power weapons for the trial because they are now in the record as admissions by party opponents. They will be admissible as substantive evidence if any of the State's witnesses turn their testimony slightly at trial. As always, they can be used to impeach the witness' credibility.

Now it can be great understood why experienced criminal defense lawyers, whose role is to cut or eliminate charges, seek to use the considerable tool of motions to dismiss in order to great their client's position while both pretrial and jury trial.

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Microsoft Does Not Have to Pay $1.5 Billion

District Attorney - Microsoft Does Not Have to Pay .5 Billion

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According to Dallas intellectual asset attorneys and Dallas intellectual asset attorneys, the district court's ruling overturning the .5 billion verdict against Microsoft was upheld on appeal. Initially, the case complicated two patents. The patents complicated in the litigation complicated technology for compressing digital audio files into Mp3 format.

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You are probably request yourself who sued who and for what. Well, Lucent sued computer manufacturers Gateway Inc., Dell Inc. And others for patent infringement in the U.S. District Court for the Southern District of California in 2002. Agreeing to reports, the patents at issue were U.S. Patent Nos. 5,341,457 and Re 39,080, both invented by employees of At&T Bell Laboratories, Lucent's predecessor.

According to Dallas intellectual asset attorneys, Microsoft intervened in the above case, seeking a declaratory judgment of non-infringement against Lucent. Once Microsoft intervened and after a two-week jury trial in 2007, a jury found that Microsoft's Windows Media Player infringed the patents and awarded .53 billion in damages to Lucent. However, U.S. District Judge Rudi M. Brewster set aside the verdict, stating the weight of the evidence was against a seeing of infringement with respect to the '457 patent and that Lucent, by itself, lacked standing to sue over the '080 patent. Agreeing to the opinion, the '080 patent was jointly owned by At&T and a German company, Fraunhofer Gesellschaft, pursuant to a joint development agreement established in 1988. Recently, the Ninth Circuit upheld this decision. Indeed, Agreeing to reports, the court of appeals agreed with Judge Brewster's conclusion that as Fraunhofer jointly owned the '080 patent, Lucent needed the business to join it in any infringement suit enthralling the patent. Lucent's failure to do so deprived it of standing, the Federal Circuit said.

As to the '457 patent, the appeals court said Lucent did not show specific instances of direct infringement by Microsoft and relied on circumstantial evidence to show that Media Player necessarily infringed the patent.

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