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Divorce Court in San Luis Obispo

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Divorce Court in
93401, 93402, 93403, 93405, 93406, 93407, 93408, 93409, 93410, 93412
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Can A Person Be Charged At Both The State And Federal Level For A Single Criminal Violation?
If A Person Commits A Crime Which Is A Violation Of State Law (Lets Say Aggravated Assault) Could He Also Be Charged In Federal Court For Something That Is Technically A Different Charge (Lets Say Domestic Assault By An Habitual Offender), Or Would That Be Covered Under Double Jeopardy?

Technically, yes, they can be charged at both levels, since both are sovereign entities. The Supreme Court has allowed both the Feds and the State to prosecute for the same action. So if you murder somebody, are tried at the State level, the Federal Government can still choose to prosecute you, regardless of the verdict, and Double Jeopardy does not apply.

However, the Federal Government almost never steps in, and usually delegates to the States if the State has Jurisdiction. There is a policy called the "Petite Policy", which come from a former US Attorney General, that is basically the written out policy of the US Justice Department that says the Fed. Government will generally stay away from double prosecution, unless the Federal Government has a substantial interest in the outcome, and the State trial left "justice unvindicated". Generally you will only see this type of double prosecution in policy brutality cases, generally against minorities, where Federal Interest is high and a racially based acquittal was reached by the jury.

It is very very rare that the Feds will seek to re-prosecute.

Court Ordered Grandparent Rights?
I Am Estranged From My Mother And Am Wondering If She Will Be Able To Go Through The Courts To See My Future Children. She Also Doesn'T Get Along With My Sister-In-Law And Has Told Me That If They Have A Baby And Don'T Let Her See It She Will Take Them To Court Because She Has A Right As A Grandparent. My Mother Has Been Mentally Abusive To Me My Entire Life; She Is Not A Good Person. Does Anyone Know If She Actually Can Force Us To Let Her See Our Children? We Live In Ny If It Matters....

No, you can prove her unfit.


The U.S. Supreme Court decision from 2000 does not have any impact on the grandparent visitation law of New York State. That case, Troxel v. Granville, involved a broad Washington State statute which permitted:

‘[a]ny person may petition the court for visitation rights at any time,’ and the courts may grant such visitation rights whenever ‘visitation may serve the best interest of the child.’ *** Once the visitation petition has been filed in court and the matter is placed before a judge, a parent’s decision that visitation would not be in the child’s best interest is accorded no deference.

In that case, the grandchildren’s surviving parent would allow visitation to the grandparents with the grandchildren, but for only one day per month. The grandparents petitioned for more time with the grandchildren, two overnight weekends per month and two weeks during the summers. The Court below ignored the fact that the parent of the children assented to visitation prior to the filing of the petition, and placed the burden on the parent to prove it would not be in the best interest of the children. The U.S. Supreme Court compared and contrasted the Washington State law to other State laws for grandparent visitation, which require the grandparent to first be denied visitation by the child’s custodian prior to being able to file such a petition, and which put the burden on the grandparent to show that it is in the child’s best interest, as does New York law. The U.S. Supreme Court, in its majority decision, criticized the Washington State’s Trial Court case as being nothing more than a simple disagreement between the judge and the parent.

Most importantly, the U.S. Supreme Court decision was a very narrow one and made clear:

Because we rest our decision on the sweeping breadth of § 26.10.160(3) and the application of that broad, unlimited power in this case, we do not consider the primary constitutional question passed on by the Washington Supreme Court - - whether the Due Process Clause requires all non-parental visitation statutes to include a showing of harm or potential harm to the child as a condition precedent to granting visitation. We do not, and need not, define today the precise scope of the parental due process right in the visitation context. In this respect, we agree with Justice Kennedy that the constitutionality of any standard for awarding visitation turns on the specific manner in which that standard is applied and that the constitutional protections in this area are best ‘elaborated with care.’ *** Because much state-court adjudication in this context occurs on a case-by-case basis, we would be hesitant to hold that specific non-parental visitation statutes violate the Due Process Clause as a per se matter.

Thus, the New York grandparent visitation statute and case law stands untouched by that decision, because it is: not over broad, as it is limited solely to biological grandparents; it is required to first show that the petitioning grandparent has standing; and only then is best interest of the child considered, and is to be put forth by the petitioning grandparent.

I Would Like To Adopt And Don'T Know Where To Start. Can You Help?
I Am 36, Live In An Apartment, Have A Good Job And Am Single. I Have No Other Children. I Know It Is Now Harder To Adopt A Chinese Baby As A Single Person. How Hard It Is In The States? I Am Not Catholic And Heard About Catholic Charities And Wondered If They Allow A Non-Catholic To Adopt. I Would Take An Older Child And Know That Might Make This Easier.

Catholic Charities is probably not going to be very successful for you. This is nothing against them, I think that they are a wonderful resource, and I wish that the prospects with them were better. The problem with CC is that they get VERY few children each year (our social worker works with them as well and told us that our local one placed one child last year), and because of that fact, they generally try to adopt to childless couples. I don't know if they require the adoptive parents to be Catholic.

However, I do recommend www.adoptionattorneys.org. They have a locator that provides information on reputable and successful adoption attorneys in almost every state. These attorneys are part of and have access to a network of resources that you couldn't ever tap into on your own, nor could an attorney that doesn't specialize in adoptions.

Your first step, no matter what route you choose, is to get the home study completed. You should also start to write up an autobiography.

You should also start to get some pictures together of yourself having fun. They shouldn't identify where you live, work, or any other way to identify where you are located (these could limit your prospective birth moms, since not all of them want to know where the baby will be going) such as college shirts, distinctive landmarks, or city/town names. You can, however, include pictures of vacations, family gatherings, you participating in hobbies, etc. These pictures and the autobiography will be useful when you create your profile for the birth moms.

Hope this helped.

Anyone Recommend A Good Divorce Lawyer?
Who Knows A Good Divorce Lawyer In Houston Tx??? I'Ve Been Recommended A Few But I Need More Options...

Pay all the top ones in your area for a consultation. Then your future ex cannot use them because its a conflict of interest.

How Do I Get A Hold Of My Local Legal Aid Society?

Get out the phone book or look up Legal Aid on the internet. Pull up by the web the Legal Aid society in your city. (i.e, Legal Aid in Indianapolis)

Law Schools...?
What Would Be A Great In Academics Law School?? Harvard,Yale,Stanford,Or Princeton...You Choose!

Princeton doesn't have a law school. The other three you named are the top 3 law schools and the most difficult to get into. Yale has been #1 in the entire history of US News & World Report rankings (Harvard tied with it once but has otherwise been #2 or #3).

Yale Law School produces a disproportionately high number of future law professors because of its ranking and because of its emphasis on research and writing papers as a student. If you want to be an academic, it's by far the best school for you. You'll have the opportunity to work closely with professors (most classes are under 20 students; the student-faculty ratio is 7:1), which helps you get a job as a professor because they can mentor you through the process, improve your writing (it's a basic requirement that you publish your work in order to get a teaching job at good law schools), and provide letters of recommendation. A judicial clerkship after graduation is also common among professors, and over 50% of Yale graduates complete such clerkships (a higher percentage than at any other school).

E-mail me if you have any other questions; I'm a student at Yale Law School currently.