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Las Vegas. Criminal defense firm specializing in all forms of criminal law including DUI, domestic violence, and traffic violations. Attorney profiles, case ...
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As a Las Vegas criminal defense attorney, I have been defending clients from prosecution for over two decades. I represent defendants who have been accused or
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Do States Attorneys Handle Federal Crimes?Part 2!!!?
So, The Answers To My Question Were 2 For No, That Federal Attorneys Handle Federal Crimes And 1 For &Quot;To Make An Example Out Of You&Quot;.. I Am Unclear About This. If All Federal Crimes Are Handled By The Fed'S, Then How Can A States Attorney Try The Case? Details... Theft/Scheme 500+, In Md. It Was Never Considered By The Police Or Sa To Be Anything Lower Than Theft/Scheme 500+. I Read Somewhere That If It Originally Was A Misdemeanor That Progressed To T/S500+ Then The State Could Prosecute, But It This Was Never The Case. They Were Trying To Accuse Of The Big Felony From The Beginning. What Are Your Thoughts?
Also, How Is Is That Someone Accused Of Stealing $800K Is Charged With The Same Crime As Someone Accused Of Stealing $1000. It Just Doesn'T Make Sense To Me.
Let Me Know And Thank You For Your Help.
In some jurisdictions, some state's attorneys are cross-sworn as special United States Attorneys so that state and federal efforts can be coordinated. Every state and the feds draw lines for felony prosecution. In my state it is $250. So a $251 and $250,000 theft are the same crime, but they are ordinarily distinguished at sentencing. Most criminal cases, about 90 percent are resolved by negotiation. Customarily, the prosecutor starts with the highest charge and negotiates downward instead of starting with a lower charge and then changing it if the defendant refuse to plead guilty. I have noticed more than a few people who confuse terms. They think they are charged with a "federal" crime, when in fact they are charged with a "felony" crime in a state court.
Does Anyone Understand The New Rotating Timeshare Custody Laws?
I Have A 4 Month Old Son, And Have Just Been Served From His Fathers Attorney With Papers Regarding Custody. Basically He Wants To Pay Subsidized Child Support And Take Him Every Other Week. We Have Never Lived Together And He Never Came Around The Whole Time I Was Pregnant. I Despise This Man. Anyway, I Have Already Hired A Lawyer But Does Anyone Know How Likely It Is That He Will Get The 5050 Timeshare, To My Knowledge The Laws Changed Last Year And Fathers Have More Rights. I Live In Florida. I Need Reassurance I Can'T Possibly Go A Week At A Time Without Seeing My Baby!
With a few custody battles (some ugly) in my extended family, I can say that each case is differently handled with each different judge. I do know most judges favor the mother's requests since most agree that a very young child needs his mother regardless unless she's proven to be unfit.
If you are going to contest his request at joint custody, you may need to go as far as to prove that he is unfit to have your son during that week.
Start by keeping a journal. Indicate all times when the father refuses to meet any needs of the child- this can be financial or otherwise. Also try to find proof of the times that he wasn't 'there' during the pregnancy. (Although this can backfire if you yourself refused him access while you were pregnant). Try to find witnesses of ppl who knew personally that he wasn't involved. Hearsay won't work.
Keep a record of how much monies he's paid. He may try to indicate he is paying more than he really is for him to seek subsidized payments. He may be trying to say he cannot afford it. Remember though, his lawyer may have already told him the same thing about keeping a journal. For him it would be if you refused him visitation rights etc etc.
Also your lawyer should try to work on an angle as to how unhealthy it can be for a child to be coshared with living situations such as per week.
Perhaps try to be okay with compromising and having the father have him every other weekends and a few hours during the week. (This happened to two males of my extended family - and both wanted joint custody but they lost and only got every other weekend with a few hours on wed./thurs.).
In the meantime if the judge stipulates visitation hours for the baby father - try to comply as much as possible. You want to be in the judges favor and by being in contempt of court isn't going to get you there.
I wish you luck but I also know there can be two sides to a story. Perhaps the father has had a true change of heart. So... I encourage you to try to work things out between you two legally (this means finding a compromise of visitations) for the sake of your child. Just never know, maybe the father does want to bond with his child.
How To Become A Civil Rights Lawyer?
I Want To Become A Civil Rights Lawyer. What Would I Need To Be Major In At College To Be One?
Also I'M Almost Done With My Two Years Of Community College Would That Look Good.
And How Long With Law School Take?
You need a bachelor's (four-year) degree to enroll in an ABA-accredited law school. The specific undergraduate major is not particularly important, because you can learn about different fields of law in law school and pursue appropriate activities in that regard. Common undergraduate majors include history or political science, but you should not overlook the possibility of an accounting degree or other business degree. There is an oversupply of lawyers now, and you may want to have some training in a field which you can fall back on. The law school course is three years. Good luck.
Resources For Alcoholic With Possible Brain Injury In Portland, Oregon?
A Family Member Of Mine Is An Alcoholic And Addict. Every Time He Stops Drinking For About A Day, He Has Seizures And Is Taken To The Hospital. After A Couple Of Days Kaiser Releases Him. He Immediately Goes Back To Drinking Because He'S In So Much Pain From Withdrawals. He Recently Had Brain Surgery (Twice) From When He Fell And Hit His Head (Maybe During A Seizure, Or Maybe From Another Cause). He'S Very Rarely Coherent And Often Does Not Know Who His Family Members Are When He Sees Them. Nobody Seems To Be Able To Tell If His Problems Are Entirely Based On His Alcoholism Or If They Are Caused By A Brain Injury. Does Anyone Know Any Resources In The Portland Area To Get Him The Help He Needs? He'S Too Out Of It To Check Himself Into A Rehab Program, But His Lawyer Claims That He'S Too With It For The Family To Have Him Committed To Anything. Does Anyone Have Any Idea What Can Be Done With This Situation? Doctors And Lawyers Don'T Seem To Be Providing Any Answers At All And His Family Is Having A Very Hard Time Watching All Of This Happen And Feeling Completely Helpless. Any Help Or Leads To People Who Might Be Helpful Would Be Greatly Appreciated.
Ultimately, this person needs to want to quit drinking. You cannot force them to quit. It may be that you actually get him help and have him recover, at least somewhat, just to have him come out of rehab/detox and go back to binge drinking.
Given that, as you say, he is rarely even coherent I have a hard time believing a lawyer has legal precedence to supersede the wishes of your family who can clearly tell this relative needs medical help now.
It really sounds like your relative is dying. And that may be a reality you should prepare yourself for because without immediate help, that is what is going to happen.
As far as answering medical questions about why he is the way he is, I cannot say. For one, he's still drinking. Which isn't helping anything. He's also already had seizures and brain damage. Any of these can affect judgment, especially if he's still drinking. That is why I wounder why this lawyer is trying to prevent this relative from getting medical help if he is clear that far gone.
What you can do is look up local rehab and intervention centers. Get in touch with an interventionist, find out about local treatment centers, make contacts with the people who run these things, tell them your story and find out what they can do for you. Again, a person has to want to quit in order to actually do so. But you still have options so don't give up hope. Maybe if this person can sober up for more than a week and stay stabilized, they will want to give treatment an honest try. Just keep in mind, if he doesn't get help, he is going to die. Probably pretty soon too.
Help Me Child Custody Rights?
My 10 Months Old Daughter Havent Seen Her Dad For Exactly A Month ...Since She Was 9 Month S Dad Is Suppose To Take Her Tuesday Wednesday And Thursday... But Its Been A Month Now He Just Textes Me Today Now To See If He Can Pic Her Up What Shpuld I Do ...He Is Not Responsible Can He Loose Custody
Okay, so as long as there is a court-ordered custody agreement in place that says he gets to take her on Tue, Wed, & Thu, then you must comply with that agreement even if he has blown it off a few times. He may be screwing up, but he's still her father and he has rights too.
On the other hand, if he is paying you child support (which he should be), AND he's skipping out on his visitation, you can go back to court and ask for more child support to cover the costs of you filling in for him as care-giver on those days. Those days when he is supposed to have custody are also days that he doesn't normally have to pay you for child support (because HE is providing for your daughter's care during that time). So if he's not taking her on his assigned days, that causes an increased financial burden on you, and he is to blame for that. The courts will often re-arrange the custody and child support schedule if one parent isn't honoring the original agreement.