Friday, November 20, 2009
Legal Matters
Obamacare -- that is the pet name for the health care reform bill -- railroaded by the U.S. House of Representatives by a margin of five votes (220 to 215), although it’s “dead on arrival” in the Senate, said a leading Senator.
I consulted a medicine man on what he thought of Obamacare.
“Bad medicine, man,” he said.
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The public is always afforded the right to call the police. Dialing 911 is a service meant for emergencies. It should be reserved for reporting a crime in progress, situations in which imminent danger to human life or other incidents deemed as emergencies exist.
However, there are situations when individual(s) call the police as a means to instill fear in the recipient. We have heard it many times, “If you do not stop, I will call the police.” What man...
Thousands have heard of the marriage penalty (where you pay more taxes if you are married and file a joint return). But only a few hundred have heard of the "widow penalty" (where an alien spouse of a U.S. citizen is denied immediate relative status if the USC dies within two years after the marriage).
Friday when I Googled "widow penalty" the first link was "widow penalty Obama". Strange, because for all his faults, he is not ...
I had a client come in to my office having read about my many years of being a prosecutor in Los Angeles and wanted to know if I can help him with a summons and complaint filed against him by a credit card company. I have and continue to work on many “white-collar” crimes, including but not limited to, embezzlement, forfeiture, fraud, in both the federal and state level.
I took his case because I felt he had acted in good faith to attempt to discuss and settle his d...
Many people think of sexual harassment as simply: "If you don't have sex with me I will fire you." Or "Have sex with me (as he touches the girl's buttocks) and I'll pay you more." That is only one form known as "quid quo pro" (a favor for a favor) or conditioning of employment benefits on sexual favors. Another form is "hostile or offensive working environment." Voluntariness is no defense, the test being whether the sexual advances were unwelcome. Meritor Savings Bank v. Vinson, 477 U.S. 57 (1...
"It is easier for a camel to enter the eye of a needle than for an alien to get a visa to participate in the Olympics if held in the U.S."
President Obama, his wife, and Oprah Winfrey all went to Copenhagen to persuade the International Olympic Committee (IOC) to choose Chicago, his adopted hometown, as host of the 2016 Olympic games. They were confident of victory. A banquet hall for 500 people was reserved for th...
Many defendants are not aware, or made aware by their defense attorney, that they can request from the court that bail be reduced. If denied, the attorney should not be reluctant in asking the court to revisit the bail reduction issue and set it for a bail hearing. The general law and practice by judges in setting, reducing or denying bail takes into consideration certain factors: (1) public safety; (2) seriousness of the offense; (3) criminal record; and (4) flight risk. All r...
Where an alien has departed from the U.S. following removal proceedings, may the alien file a motion to reopen or reconsider?
If you say "yes," you may be correct. If you say no," you may also be correct. It depends on where the alien resided before leaving the U.S. The various United States Circuit Court of Appeals are split on the answer. Until the U.S. Supreme Court decides, the answer will remain a matter of geography.
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In California, when a person under the age of 18 is arrested or commits a crime, in most cases a juvenile record will exist and becomes a permanent part of a person’s file until it is sealed. Anyone between the ages of 7 and 17 who has been accused of committing a crime in Massachusetts and who has appeared in court and been formally charged with a crime will have a juvenile record.
Although juvenile records are not available to everyone, they can be read by police and ot...
A former Governor of Ilocos Sur allegedly beat up his common law wife because he caught her with another man. Reports are not very specific on whether he caught her in the act or what.
Feminists are up in arms. They want the former Governor punished. But according to reports, he claimed that he was the victim. He is reported to have said: “Mabait tayo, di ko sila pinatay. Huling-huli ko nga.” (We are good, I did not kill them. I really caught them.)
Susmariosep. An Ilocano being cu...
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