Tuesday, November 12, 2013

Travesty of U.S. Justice System

This is prima facie evidence of the necessity of reviewing federal (and state) criminal sentencing guidelines -- especially the mandatory sentences.  As the "war on drugs" is at the root of this, taking a hard look at its results is in order as well.

http://www.huffingtonpost.com/2013/11/13/life-without-parole_n_4256789.html

Heartwrenching stories.  Especially those of the young, first-time offenders.

Wednesday, October 16, 2013

The Duty of Your Divorce Attorney

I place high priority on good communication with clients, thorough preparation, and ethical practice.  Unfortunately, not all lawyers do.  Know the signs:

http://www.huffingtonpost.com/caroline-choi/divorce-attorney_b_4071400.html?utm_hp_ref=divorce&ir=Divorce

Make sure your divorce attorney is doing what you hired him or her to do.

Sunday, August 25, 2013

Justice Ginsburg and the Current Court: Activist?

This is great read and insight into the Supreme Court.  Justices rarely disclose these kind of thoughts.

http://www.nytimes.com/2013/08/25/us/court-is-one-of-most-activist-ginsburg-says-vowing-to-stay.html?_r=0

With several hot-button issues set to be entertained by the Court during the next term, her thoughts are exceedingly timely.

Friday, July 26, 2013

Alabama's New Gun Law: Fully Loaded Iron Bowl

Alabama's new gun law, set to take effect on August 1, will make carrying a gun a lot easier.  This is a polarizing issue.  Regardless, the change is inevitable now.

http://blog.al.com/wire/2013/07/six_things_to_know_about_alaba.html#incart_2box

The new law, in essence, allows the normal citizen who possesses a concealed weapon permit to take guns into places they've never been - sporting events, schools, work, so on.  Is this a good idea?  We'll find out soon.  I can't imagine having fans armed at the Iron Bowl will ever end well.

Tuesday, June 18, 2013

Charged with a Crime: Fingerprints, Mugshot, and DNA?

With the recent decision of the U.S. Supreme Court, law enforcement may now acquire a DNA sample without a warrant from those individuals charged with a serious crime.  Though the Court was sharply divided on the issue (as is typical), this particular issue created some strange bedfellows among the justices.  Regardless, the question remains whether such a decision constitutes an added layer of identification for law enforcement or an intrusion into that which makes us each unique.

http://www.huffingtonpost.com/2013/06/03/supreme-court-dna-samples_n_3378379.html

Many critics lament that there is nothing to stop the expansion of such a gathering program.  While such expansion remains to be seen, the fact-of-the-matter is that DNA sampling is sure to be a ubiquitous practice from this point forward.

Tuesday, June 11, 2013

Edward Snowden, the Constitution, and "Big Brother": What Does It All Mean?

Recent revelations provided courtesy of a brave/crazy NSA contracted employee have shed light on what many of us have suspected for some time -- secret government programs, devoid of accountability, and, at least on the surface, potentially violating the Constitutional rights of U.S. citizens.

http://www.cnn.com/2013/06/10/us/snowden-leaker-reaction/index.html?hpt=hp_t2

Leaks such as this invoke comparisons to a Jason Bourne movie or Jack Clancy novel.  And, there are debates on all sides as to the legality of the program, the morality of the unchecked observation, and whether the ends do, in fact, justify the means.  Regardless of where you stand, incidences such as this one remind me of how valuable our Constitution truly is.

Saturday, June 1, 2013

Child Custody and the Working Mom: Preparing for Divorce

The world has changed -- for the better -- in the last fifty years, and women are now a more pronounced presence in the professional work force.  While much work remains to be done towards achieving full equality, I see many divorces involving spouses balancing their careers and their children.  Oftentimes, the wife is both a professional and a caregiver.  In these types of situations, preparing for a divorce in advance is vital:

http://www.huffingtonpost.com/lisa-helfend-meyer/child-custody-and-the-wor_b_3369173.html

Great advice in this piece.  The trend in Alabama has been towards one parent having primary physical custody and the other having visitation.  This fact only stresses the importance of the advice in this article.  If you're in need of a child custody lawyer, don't hesitate to call.

Thursday, May 23, 2013

State of Florida v. Zimmerman: Criminal Defense Strategy

Regardless of whether you believe George Zimmerman murdered Trayvon Martin or acted in self-defense, a trial looms on the horizon.  And, twelve Floridians will be saddled with the responsibility of deciding the former's innocence or guilt.  A case with such monumental media exposure undoubtedly requires creative and nuanced legal strategy -- from both sides.  The defense's posturing continued today via Mr. Zimmerman's criminal lawyer:

http://www.cnn.com/2013/05/23/justice/florida-zimmerman-defense/index.html?hpt=hp_t1

The members of the jury will not assume their duty without some knowledge of this case.  It is vital for both sides to present their story in the media, without the hindrance of the rules of evidence.  Pictures, texts, and phone calls, which are likely inadmissible at trial, can be planted in the minds of potential jurors now.  As the adage says: "You can't unring the bell."  Once a future juror sees or hears these pictures and texts, it's difficult to forget them, regardless of how a Judge may instruct.

Sunday, May 12, 2013

Choose an Attorney Based on Personality? Yes!

If those in need of the services of an attorney knew how much the personality and conflict-resolution skill of an attorney play into the outcome and expense of the client's case, the practice and business of law would be completely different.

http://www.huffingtonpost.com/mark-baer/the-personality-and-philo_b_3246689.html?utm_hp_ref=divorce&ir=Divorce

This is a very insightful article by Mark Baer.  And, I'd advise every person searching for a lawyer to read it. 

I strive to create and nourish healthy relationships with other attorneys.  Why?  Because great relationships with other attorney's help keep me sane and undoubtedly serve the best interests of my client.  I am not hired to perpetuate ongoing personal conflicts with other attorneys.  I am hired to pursue the goals of my clients as quickly and efficiently as possible.  That's only possible if I and the other attorney understand our roles and respect one another's obligations and responsibilities.  It isn't always possible, but, when it is, it makes a world of difference.

Divorce and Mediation: Facts v. Myths

Mediation is required in every divorce case filed in Morgan County.  So, it is important that the parties in the case understand what mediation is and how it works.  Though I always apprise my clients of what to expect, this article provides some useful information to those who haven't consulted a lawyer yet:

http://www.huffingtonpost.com/diane-l-danois-jd/mediation-myths-and-misunderstandings_b_3137489.html?utm_hp_ref=divorce&ir=Divorce

I would add that generally most participants in a mediation have an attorney with them.  And, no one does mediation before filing for divorce -- though it is certainly possible to do so.

Wednesday, April 17, 2013

The Second Amendment and Gun Rights

A fascinating article on the proliferation of the notion of "gun rights" arising from the Second Amendment of the U.S. Constitution:

http://www.huffingtonpost.com/burton-newman/the-nras-fraud-fabricatio_b_3103358.html

It will be interesting to see how the law regulating gun ownership and purchase evolves over the next few years in the wake of recent gun violence.

Monday, April 1, 2013

Hitting the Jackpot . . . and Using It to Pay Child Support

You've likely seen, with slight envy, that a New Jersey citizen won a recent $338 million Powerball lottery jackpot.  What you probably didn't see is that he then used it to pay a $30,000 past-due child support obligation:

http://www.cnn.com/2013/04/01/us/new-jersey-powerball-winner-court/index.html?iref=allsearch

Unfortunately, many, many men owe large amounts of past-due child support.  And, most of them will not win a large jackpot.  As a child support lawyer, I assist folks in this type of situation all the time.  Give me a call.

Friday, March 29, 2013

Divorce and Personality Disorders

Personality disorders often influence high-conflict divorce and child custody cases silently and from the shadows:
 
http://www.huffingtonpost.com/tina-swithin/why-our-family-courts-are_b_2908574.html?utm_hp_ref=divorce&ir=Divorce

This article succinctly summarizes the issue.  I'm optimistic that divorce attorneys and family law judges will become more aware of how drastically personality disorders impact such cases in the next few years.

Sunday, March 24, 2013

Legalize Marijuana?

I represent many folks charged with marijuana-based crimes -- mostly Posssession of Marijuana 2nd Degree (personal use).  The legalization of marijuana is a ubiquitous topic in today's legal community:

http://www.huffingtonpost.com/2013/02/27/legalize-marijuana-dont-bogart-that-joint-my-friend_n_2773979.html

This is an interesting read.  Regardless of your position, this will undoubtedly continue to be a debate at the state-level.  Until it is legalized, make sure you know a competent criminal attorney.

Sunday, March 17, 2013

Divorce and Alabama History

Interesting history in Alabama involving divorce.

http://www.al.com/living/index.ssf/2013/03/when_alabama_flourished_as_div.html#incart_m-rpt-2

Residence requirements now require an individual live here for six (6) months prior to the filing of the divorce.

Monday, March 11, 2013

Taxes and Divorce

Issues regarding income taxes often complicate divorce cases.  Being informed is the first step to eliminating unnecessary complication:

http://www.forbes.com/sites/nextavenue/2013/03/07/taxes-and-divorce-6-tips-for-women/

(Even though this article is addressed to women, the advice is applicable to both sexes.)

In the end, divorces depend just as much on "accounting" principles as they do on "legal" rules and principles.  An effective divorce attorney will have mastery of both. 

Friday, February 22, 2013

Child Support: Record-Setting Arrearage

This is the worst child support contempt case I have ever heard of:

http://www.cnn.com/2013/02/22/justice/new-york-child-support/index.html?hpt=hp_c2

Child support obligations are as certain as death and taxes.  Consult a child support attorney if you are involved in any type of child support case.

Thursday, February 21, 2013

The Legal Process of Divorce: What to Expect

Many times, potential clients have unfounded expectations about the cost, length, and complexity of their divorce.  This article provides a great overview of the details:

http://www.huffingtonpost.com/natalie-gregg/top-five-questions-asked-_b_2680505.html?utm_hp_ref=divorce&ir=Divorce

Establishing well-informed expectations will expedite your divorce and make the entire process smoother.  Of course, selecting a competent divorce attorney with a reasonable rate is important as well.

Monday, February 11, 2013

Drone Killings: Due Process?

A lucid article exploring the Constitutional and legal concerns surrounding the U.S. government's current drone program:

http://www.theatlantic.com/national/archive/2013/02/trust-us-wont-do-how-to-hold-obama-accountable-for-drone-strikes/272989/#.URV5L-kMzbk.facebook

Though these types of programs have been around forever, it is compelling to see the government attempting to justify such killing.

Saturday, February 2, 2013

Regulating Guns: The 2nd Amendment Explained

This is a wonderfully informative piece -- drafted and signed by many of the most accomplished Constitutional Law professors in our country -- addressing the scope of the Second Amendment and Congress's ability to enact legislation regulating firearms:

http://www.huffingtonpost.com/geoffrey-r-stone/the-second-amendment_b_2581625.html

As there appears to be a great deal of misinformation being disseminated and a deluge of fear-mongering, I hope this article can, at the least, lay to rest some of these unfortunate occurrences.

Sunday, January 27, 2013

Family Law and Kim Kardashian: Covering the Gamut

In a short time, Kim Kardashian has managed to involve herself in multiple family law issues, her significant others, and her unborn child. 

http://www.huffingtonpost.com/2013/01/25/kim-kardashian-kris-humphries_n_2552879.html?utm_hp_ref=divorce&ir=Divorce

Simple planning and wise decision-making could have avoided these issues.  However, when difficult situations do arise, a family law attorney is invaluable and imperative.

Saturday, January 26, 2013

Plaintiffs and the Alabama Supreme Court

Alabama's reputation as a defendant-friendly state (with regards to "plaintiff's" cases like personal injury and so on) appears to be supported by the data:

http://blog.al.com/wire/2013/01/alabama_supreme_court_mostly_r.html#incart_river_default

Though this isn't news to most personal injury lawyers, the statistics introduce a new topic for conversation.

Wednesday, January 23, 2013

Why All Adults Need a Will

Great summation as to why all adults, regardless of age, need to plan for the end and secure a last will, living will, and durable power of attorney:

http://money.cnn.com/magazines/moneymag/money101/lesson21/index3.htm

As an estate planning attorney, I also encourage you to check my website for more information. 

Wednesday, January 16, 2013

Facebook and Divorce: An Unlikely Tandem

Facebook can be an asset, or a thorn in your side, in a divorce proceeding.  For those who heavy-handedly share their personal lives with everyone on Facebook, take note:

http://articles.cnn.com/2010-06-01/tech/facebook.divorce.lawyers_1_privacy-settings-social-media-facebook?_s=PM:TECH

Discretion and wise-posting are wise choices if you believe a divorce or child custody hearing may lie in your future.  An, if a divorce is right around the corner, contact a divorce attorney.

Tuesday, January 15, 2013

Sperm Donors May Owe Child Support

A recent court decision in Kansas found that a man who answered a request on Craigslist to donate sperm to a lesbian couple is, pursuant to Kansas law, the legal father of the child and must pay child support to the child's mother.

http://www.cnn.com/2013/01/04/us/kansas-sperm-donation/index.html?iref=allsearch

Since the parties involved failed to utilize a medical doctor to facilitate the insemination, the law will not ignore his paternity.

Alabama law is analagous (Section 26-17-702).  If you are considering sperm donation or using someone else's sperm donation to become pregnant, consult a child support attorney versed in Alabama family law first.

Tuesday, January 8, 2013

"Two Big Child Custody Mistakes"

Great Article by Family Law Attorney Bob Jeffries:

http://www.huffingtonpost.com/bob-jeffries/two-big-child-custody-mis_b_2318594.html?utm_hp_ref=divorce&ir=Divorce

I've seen this in my practice twice.  Lesson to be learned: do not rely on informal custody arrangments.  Use a child custody lawyer, record the agreement in writing, and have a Court approve it.  Protect yourself and your children.