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Criminal arrest

Arrest is when a law enforcement officer takes you into custody, typically to jail. Officers must have a warrant or probable cause in order to arrest you.

Elizabeth S Conan | Oct 19, 2019

Three Tips on Applying for The Florida Bar Resourcefully

Start Early Registering with the Board as a 1L saves money. A discounted registration fee is very appealing when you consider how much you’re borrowing to pay for school. Every dollar helps, and if you wait until your 3L year, you’re paying ten times more. A chart on the FAQs page of the Board’s website shows how quickly the window closes on the opportunity for the discounted fee (hint: it’s well before the end of your first year). Early registration also starts the ball rolling on your background character & fitness investigation, giving those who take the time a better shot at getting cleared before graduation. Once you’re cleared, internships, externships and clinic opportunities open that remain unavailable to those who've waited. Early registrants have a leg-up after converting to a regular application at the start of 3L year because their preliminary background investigation is out of the way. The Board can wrap up its final investigation stages much sooner and you have only two things left to focus on after graduation: passing the Bar exam and finding a job. Putting off filing your Bar application until your 3rd year, or worse, filing it after you graduate rockets stress levels off the charts. You’re now studying for the Bar exam AND dealing with even greater unemployment risks because you’re competing with those who’ve been cleared and sworn in. Most employers are looking for attorneys who can walk right into a courtroom on day one, and here’s where postponing the application process probably hurts most. Treat registering with the Board as an assignment that’s due before the end of the first semester. In hindsight, you'll be really happy you did. Take Your Time We’re used to Amazon Prime-style gratification that doesn’t take much thought or effort. That’s not where you want your mind to be when completing your student registration or converting it to a regular application. Students spend thousands of dollars in Bar prep courses. They take months to prepare for the Bar exam. Completing the Bar application should be approached with no less diligence and care. Don’t Guess Too many applicants have told me that they dove into answering application questions unprepared, estimating and glossing over details just to meet a filing deadline. Filing your Bar application isn’t a race and guessing invites grief. You probably already know that lack of candor, even if it's unintentional, is the primary reason for admission denial. At the Bar registration/application phase, the candor ball is still in your court before you file. You have total control over the quality of your responses, and the Board expects nothing less than the truthfulness that results from due diligence. You need to carve out the time it takes to gather any documents that will help with drafting the most balanced, complete and honest answers. For example, if you’ve missed paying a few bills on time, pull a credit report on yourself. Read it very carefully. You may be surprised to find delinquencies, collections, or other problems that you had no idea existed. Knowing about those problems enables you to accurately report them on your Bar application. Investigating your background also gives you an opportunity to resolve any problems you discover before the Board discovers them for you. A response on your application that includes not only a thorough explanation of a problem but also describes its resolution is priceless. The Board pulls your credit report and compares it with your application responses. If you didn’t take the time to investigate and there's a've heard of what can happen. The Board accepts no excuses because their website contains a link to very detailed checklists specifically designed as references for completing your registrant Bar application. Following the checklist alone should help an applicant avoid most of the problems encountered when relying on a less-than-perfect memory.

Matthew Loren Espinosa | Oct 16, 2019


What is an a misdemeanor class c assault? Class C Assault occurs if a person 1) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or 2) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. You can be charged for an assault by mere words, or simple physical contact that someone finds offensive or provocative. How can I get charged with so little evidence? It may be surprising to know that the police can charge you with an assault solely based of the words of an accuser and nothing more. The police can and it is common that they will issue a ticket or make an arrest without giving the accused a chance to counter the statement. Thankfully, the prosecuting attorney has the burden of proving the case beyond a reasonable doubt in court. Just because the police don't always collect evidence, doesn't mean that its not necessary for court. What is an affirmative finding of family violence? Why should I care? In addition to a fine for a Class C Misdemeanor, an affirmative finding of family violence could have the following disastrous consequences: 1) A prohibition on owning or possessing firearms and ammunition 2) Restrictions on trade or professional licenses 3) An enhancement on future family violence misdemeanors to felonies 4) Denial of child custody and visitation rights 5) Exclusion from applying for nondisclosure of records So what can I do to fix this? If you pled guilty to a misdemeanor class c assault while in jail, the law allows you to undo this for up to 10 days. This is not discretionary for the judge. The judge MUST grant your motion for new trial if you file it on time. If you pled guilty to a class c assault in jail, why would you risk having this charge follow you around for the rest of your life? Act before its too late, you only have 10 days to prevent a lifetime of horrible consequences

Maury Devereau Beaulier | Oct 15, 2019

Witnesses - Orders for Protection (OFP) in Minnesota

1. Who Can be a Witness in an Order for Protection (OFP)? Either party to an Order for Protection may call witnesses at the evidentiary hearing where allegations are being contested. If the individual is reluctant to testify they may be compelled to do so by having them served with a subpoena. Unfortunately, most domestic abuse occurs behind closed doors outside the view of the public. That means witnesses are often limited to the parties involved in the case and, in some instances, police officers who responded to the call for help. 2. What Can a Witness Testify About (OFP)? It is important to recognize that the evidentiary hearing in an OFP is meant to be an expedited hearing. That means the court will generally focus on the narrow allegations of the Petition. That can result in frustration for parties who find a Judge limiting the testimony of their witnesses. A Court may limit witness testimony for a number of reasons. First, any witness must testify regarding relevant details and events. That means the witness must testify regarding the events listed in the Petition or affidavit. Collateral details are often irrelevant. For example, character evidence of either the Petitioner or Respondent would not be allowed. Second, any witness must also have direct knowledge of the allegations in the petition. If the witness does not have direct knowledge of the allegations in the petition, the testimony can be excluded. Direct knowledge means the witness observed , heard or , in some way directly experienced the event. They may have observed abuse. They may have heard a sound that is consistent with abuse. They may have observed an injury or the demeanor of the alleged victim or abuser. Except in very limited circumstances, the testimony cannot be based on something the witness was told by another person. That is not direct knowledge and would often fall into a category of inadmissible hearsay. Third, a witness may also be limited by a Judge if the testimony is redundant in nature. In other words, many witnesses testifying to the same thing may be considered duplicative. 3. Can A Witness Be in the Courtroom? Generally, a court will exclude any witnesses from the courtroom until they have testified. This prevents the witnesses from hearing the testimony of others and conforming their statements to the evidence already presented. If the This is called sequestering the witness. If the Judge does not sequester witnesses prior to the commencement of the evidentiary hearing, a request by either may be made to do so. 4. Can Children be Witnesses? This is a tricky question. There is nothing in Minnesota Statutes that prevents a child from being a witness in an Order for Protection Proceeding. Often allegations of familial abuse occur between parents and spouses or between parents and minor children. That may mean that minor children were the only witnesses to the alleged abuse. Nonetheless, Judges are often reluctant to have children testify fearing that they may be re-traumatized by the experience or believing it improper to place the child in the middle between two feuding parents. Where the Court is reluctant to allow testimony of children, there may be other options available. Where domestic abuse is alleged to have occurred against a child, the Court may appoint Guardian Ad Litem (GAL). A Guardian Ad Litem is a person appointed to advocate in court for what they believe to be in the child’s best interests. As part of that role, they may speak with the minor child and/or review relevant records related to matter being resolved by the court. The GAL will then present their findings and recommendations to the court and a later hearing. The Court may also allow into evidence some out of court statements made to other witnesses by minor children. Generally, this would be considered inadmissible hearsay, but there are a number of exceptions to the rule against allowing hearsay and use of out-of-court statements may be a way to avoid requiring children to testify and traumatizing the children through the process. Minnesota Rule of Evidence 807 is a residual or “catch-all” exception to the hearsay rule. It provides that if certain procedures involving notice are followed and the Court finds sufficient guarantees of trustworthiness, out-of-court statements may be admissible as evidence regardless of the availability of the declarant. Similarly, two Minnesota statutes expressly provide for the admission of the out-of-court statements of children under the age of 10 regarding child abuse committed on them or committed on another child but observed by them. Minn.Stat. Sec. 260C.165 covers out-of-court statements regarding either abuse or neglect and applies to any CHIPS, foster care, or domestic child abuse proceeding or proceeding for termination of parental rights and Minn.Stat. Sec. 595.02, Subd. 3 applies to any court proceeding involving child abuse but requires that there be other corroborative evidence of the act if the declarant (child under 10) is unavailable as a witness. A Judge may also elect to conduct an in camera interview with the child witness. That means the Judge will speak to the child, often in chambers or in a closed courtroom where the only person allowed to be present are the attorneys. If any. This is rarely used and Judges are not often equipped with the training necessary to make such inquiries. 5. Can A Person Invoke Their 5th Amendment Right To Remain Silent? A party or even another witness may sometimes seek to claim their constitutional right against self incrimination. The rights against self incrimination may only be raised if the testimony that is requested has the potential to subject the speaker to criminal prosecution. In a case for an Order for Protection, there is some protection offered by the Domestic Abuse Statute. Minn. Stat. Sec. 518B.01, subd. 15 states that “any testimony offered by a respondent in a inadmissible in a criminal proceeding.” Nonetheless, there are times when a witness, other than a party, offers testimony that might result in criminal prosecution. When that occurs, the witness may invoke the Fifth Amendment in order to protect themselves from criminal prosecution. That does not mean, however, their silence cannot be used against them in the civil proceeding. Though that may be true in a criminal case, when a party asserts the Fifth Amendment in a civil action, the Court may make an adverse inference when that party refuses to testify.

Kenneth Albert Vercammen | Oct 7, 2019

E569:1. Weapons Search not Permitted 2. For DWI PCR

1. Weapons Search not Permitted here after DV TRO State v. Hemenway. NJ LAWS EMAIL NEWSLETTER E569 Kenneth Vercammen, Attorney at Law October 2, 2019 E569 In this issue: 1. Weapons Search not Permitted here after DV TRO State v. Hemenway. 2. For DWI PCR on prior uncounseled DWI proceeding, neither an indigent nor a non-indigent defendant must show that the outcome would have been different had he been represented State v. Patel. 3. Next Event. 4. Free Community Events. 5. Fun Upcoming Running Races & Charity Events Participated by Kenneth Vercammen- Ken V is running 60 races in 2019. 6. Professional Space For Rent, 2045 Woodbridge Avenue. Recent cases: E569 Recent cases 1. Weapons search not permitted here after DV TRO State v. Hemenway. The beneficent goal of protecting domestic violence victims must be accomplished while abiding by well-established constitutional norms. Before issuing a warrant to search for weapons under the Act, a court must find that there is (1) probable cause to believe that an act of domestic violence has been committed by the defendant; (2) probable cause to believe that a search for and seizure of weapons is necessary to protect the life, health or well-being of a victim on whose behalf the relief is sought; and (3) probable cause to believe that the weapons are located in the place to be searched. Transposed into the context of a domestic violence search warrant for weapons, probable cause requires that the issuing court only have a well-grounded suspicion. (A-19-18) 2. For DWI PCR on prior uncounseled DWI proceeding 2. For DWI PCR on prior uncounseled DWI proceeding, neither an indigent nor a non-indigent defendant must show that the outcome would have been different had he been represented. State v. Patel. To secure relief from an enhanced custodial sentence for a subsequent DWI conviction, a non-indigent defendant must establish that in the earlier uncounseled DWI proceeding, (1) he was not advised or did not know of his right to counsel and (2) had he known of his right to counsel, he would have retained a lawyer. A defendant contending he was indigent must establish that in the earlier uncounseled DWI proceeding (1) he was not advised and did not know of his right to appointed counsel, (2) he was entitled to the appointment of counsel under the applicable financial means test, R. 7:3-2(b), and (3) had he been properly informed of his rights, he would have accepted appointed counsel. Because denial of counsel is a structural defect in the proceeding, to secure relief from an enhanced custodial sentence, neither an indigent nor a non-indigent defendant must show that the outcome would have been different had he been represented. The Court removes the five-year limitation in Laurick petitions and amends Rule 7:10-2(g)(2), effective immediately, to provide the following: "(2) Time Limitations. A petition seeking relief under this Rule may be filed at any time." Here, Patel's unrebutted certifications established that his 1994 plea was uncounseled, and he had no obligation to establish that he would not have pled guilty or been convicted at trial had he been represented by counsel. The Court therefore reverses the judgment of the Appellate Division and remands the matter for proceedings consistent with this opinion. (A-13-18) 3. Next event: Webinar: Estate Planning for the "Difficult" Adult Child - How to Plan in Cases of Addicted, Perpetually Out of Work and Unhappily Married Children. Location: Online or NJ Law Center One Constitution Square New Brunswick, NJ 08901 [next to Rutgers Cook campus] Date: October 10, 2019 Time: 12:00 PM - 1:40 PM ET 4. Next Community Events. 10/5/19 Metuchen Fair [not a race] 10am-4pm, then North Brunswick Heritage day with band Parkway Soul Productions WILLS & ESTATE ADMINISTRATION seminar October 8 Edison Main Library Tuesday 7pm Edison Library 340 Plainfield Ave. Edison, NJ 08817 October 21 at 6:00 PM Monday WILLS & ESTATE ADMINISTRATION seminar Clara Barton Branch Edison Library 141 Hoover Avenue Edison, NJ 08837 Edison Elks Community Breakfast 10/13/19, and 11/10/19 - Breakfast 8:30-11AM All you can eat breakfast buffet $8 adults, $4 kids (6-12) children under 5 will be our guests. Edison Elks #2487 - Edison, NJ375 Old Post Road, Edison, New Jersey 08817 (732) 985-2487 Oct 31 Spooky Thursday on 7-9:30 Edison Elks November 16th, Miracle Madness Kickoff Party. Save the date! Edison Elks November 21st Thirsty Thursday Edison Elks 5. Fun Upcoming Running Races & Charity events participated by Kenneth Vercammen- Ken V

Alan Peyrouton | Oct 5, 2019

Misdemeanor Convictions: Do They Ever Just Go Away?

Introduction Misdemeanor convictions get in the way of many people’s lives. In the world of crime, a Misdemeanor is a minor offense & a Felony is serious. Many cases start out as felonies but end up as a lesser charge. For more on felony convictions, try reading: NJ Felony (Indictable) Charges: 5 Steps To Start Fighting Back How To Know If You Have A Misdemeanor On Your Record Different states have different names for “misdemeanor”, but at the end of the day it’s mostly the same. For example, a misdemeanor in New Jersey is called a “disorderly persons” offense. Other states refer to them as Class A, B, or C misdemeanors. Now, you want to know if a misdemeanor conviction will up and vanish on its own? Let’s discuss it. One Dumb Mistake Has Become A Nightmare If you got arrested for stupid crap and wanted the case to be over quickly, then you probably didn’t fight your case. You just paid a fine & moved on. As a result, you plead guilty to a misdemeanor (a disorderly persons offense in NJ) and soon learned what a mistake it was. You may have been told that it’s “no big deal”. “Just plead guilty, pay the fine and be done with it.” The problem is that a misdemeanor conviction goes on your record and doesn’t go away on its own. In the majority of states, you have to wait for a certain period of time before you can expunge it. For example, in New Jersey, you have to wait five years before you can get your misdemeanor record cleaned up. My Misdemeanor Conviction Won't Let Me Work You inevitably learned about your misdemeanor conviction after your first interview. The job that you desperately wanted was within reach. The interview was smooth. A job offer was on the way. Next thing you know, they conduct a background check on you. Within minutes of your interview, your potential employer discovered a disturbing thing about your past. When you were 19 years old you were arrested for a tiny amount of weed. And now, no one will hire you. Soon, this would become a pattern. Every job you apply for conducts a background check. As a result, someone else got your job. Part I - Misdemeanor Convictions Don't Go Away Sorry to break the bad news but misdemeanor convictions will stay on your record unless you do something about it.Misdemeanor go away You have to check with your local jurisdiction, but for the majority of states, a background search will show that you have a criminal conviction. However, some states still follow the “seven-year rule”. For example, Texas does not allow reporting of criminal convictions more than seven years after disposition, release or parole. New Jersey’s expungement process allows a person to “erase” their disorderly persons conviction after five years from the date of conviction. In addition, all fees, fines and penalties must be paid prior to applying. If you are brave and would like to file your own petition, here’s the kit: Expungement Petition – New Jersey. Part II - You Need To Expunge Your Criminal Record Ideally, you should hire a criminal lawyer to help you with this process. The criminal attorneys at our firm handle a ton of expungements. An expungement involves completing & submitting a lot of paperwork. The court fees are not expensive. Less than a hundred bucks. However, the certified mailing fees add up and the process can take from 6-9 months. The county prosecutors office will return your expungement paperwork if it contains errors. If you’ve never done it before, chances are you’ll make mistakes. Since criminal lawyers represent clients charged with crimes, they’re familiar with their local rules regarding expungement eligibility. Think of it this way: You may have made a mistake by pleading guilty to a misdemeanor charge, but don’t make a mistake when it comes to cleaning up your criminal record. To help you find a good criminal lawyer, we’ve written this guide for you: Criminal Lawyers: Why We Need Them & How To Choose One Be Honest If your misdemeanor conviction is getting in the way of life, you have options. You may have to wait a few years to expunge your misdemeanor conviction and you may have trouble finding a job. However, this doesn’t mean that you will never find a job. Many of our clients were successful in obtaining employment despite having a misdemeanor conviction. Here’s a helpful tip to help you with your job search: Discuss the Misdemeanor Conviction Openly If you know that your job will perform a background search, then notify them ahead of time. If your potential employer is going to find out, it’s better for that person to hear it first from you. Employers are human too. Perhaps they got charged with marijuana in their life & won’t judge you for having been caught either. Your best chance of surviving a background check is by being honest. By bringing it first, it won’t come as a surprise. At least, in this way, you’ll have a chance to explain it. You’d be surprised how much people value honesty above history. Some misdemeanor convictions are worse than others. For example, a misdemeanor conviction for shoplifting is worse than a misdemeanor conviction for public intoxication. Shoplifting is a “theft” offense. And employers really don’t want to hire thieves for obvious reasons. If you got a misdemeanor conviction for public intoxication, it’s not as bad as a theft defense. A theft defense like shoplifting raises concerns about your “trustworthiness”. Public intoxication does not. These are all game-time decisions but employers value honesty and transparency above all else. Final Thoughts Millions of people have misdemeanor convictions on their record and they decided to do something about it. The first step is to conduct your own background search on yourself. You may be worrying about a record that you don't have! Second, if you discover that you do have a criminal record, find out if enough time has passed to get it expunged. If yes, then get an expungement. If not, then be honest with your employer. You really have nothing to lose! Good luck

Robert John Liskey | Sep 30, 2019

Do I have to consent to a vehicle search and if I don't, how long can I be detained?

Do I have to consent to a search? No. However, police can search in the following circumstances: 1. You have given your consent to a search of your vehicle; 2. The police have “probable cause” to believe the car contains contraband or evidence of a crime; 3. The police are lawfully arresting an occupant of the car—and either the arrestee is within reaching distance of the interior of the car, or it is reasonable to believe the car contains evidence about the crime for which he/she is being arrested; 4. The police are temporarily detaining an occupant of the car (as part of a Terry "stop-and-frisk"), and reasonably believe that s/he may be dangerous and have access to weapons stored in the car; or 5. The car has been lawfully impounded by law enforcement (as may happen if you commit Vehicle Code 14601 driving on a suspended license), and they are conducting an “inventory search." How long can the police detain me if I don't consent to a search of my vehicle? Although police officers are allowed to detain people in order to help them pursue leads and figure out what happened, there are certain limitations on this power of detainment. First, the police officer must tell you whether or not you are actually being detained. This can be determined by asking the police officer, “Am I free to leave?” If the police officer says yes, then you are free to leave and go about your business without delay. However, if the police officer says no, you are not free to leave, then you cannot leave until the police officer is finished with his questions for you or his investigation into the crime. This detainment can take anywhere from minutes to several hours. If this is the case, and you are being detained by the police officer, then you can ask them whether they have reasonable suspicion or probable cause to keep you. If they have neither reasonable suspicion or probable cause to keep you, then they are generally not allowed to keep you. However, just because this is what the law requires, does not mean the officer will follow it. Sometimes police officers do not follow the law. Although this is a direct violation of your civil liberties, arguing the point with the police officer right then may only escalate the situation. You should therefore remember any violations on the part of the police in order to tell your lawyer at a later time, but avoid any further remarks. So the length of time the police can detain you depends on the facts of the particular situation, the severity of the case being investigated, and the particular officer involved. Remedies for an unlawful search. If you are the victim of an unlawful vehicle search by police, and you are charged with a crime based on evidence found in the search, then you and your attorney can challenge the evidence. This is usually done through a Penal Code 1538.5 PC motion to suppress evidence, which is an important kind of California pretrial motion.