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What’s your opinion about this?


by UggBoy♥UggGirl [ PHOTO : WORLD : SENSE ]

Question by Princess Pickman: What’s your opinion about this?
Texas case is one of two being used to define how far punishments of immigrants can go
By PATTY REINERT
Copyright 2006 Houston Chronicle Washington Bureau

WASHINGTON – Possession of a small amount of cocaine is a misdemeanor under federal law. But in Texas, the crime is a felony — serious enough that it helped send Reymundo Toledo-Flores to prison for two years before he was deported to Mexico.

On Tuesday, the first day of arguments in the U.S. Supreme Court’s 2006-07 term, the justices will consider Toledo-Flores’ criminal case, along with that of a fellow Mexican national deported after a similar drug conviction in South Dakota. The issue before the court is whether the federal or the state view of the immigrants’ crimes should be used to decide their prison sentences and the terms of their deportation proceedings.

To decide, the justices will need to clarify a federal immigration law that once was aimed at ridding the country of foreigners convicted of crimes such as rape and murder but increasingly is being used by immigration authorities to deport those charged with relatively minor offenses, including drug possession and shoplifting.

“The idea was that when immigrants commit really serious crimes, we didn’t want them in the country,” said Magali Candler, a Houston lawyer who chairs the regional chapter of the American Immigration Lawyers Association. “But over the years, the immigration laws have been amended repeatedly and now they are written so broadly that an immigrant who commits a minor crime, even if they never served a day in jail, can be deported.”

Court records show that Toledo-Flores has repeatedly entered the United States illegally. He was deported last spring after serving his two-year sentence for felony illegal re-entry — a prison term that was lengthened because of his previous conviction in Harris County for possessing less than a gram of cocaine.

His lawyers are challenging his enhanced sentence before the Supreme Court, saying that because the drug possession charge would not be a felony under federal law, it should not have been used to increase Toledo-Flores’ sentence on the re-entry conviction. If he wins, Toledo-Flores would gain nothing, but his case could help other immigrants charged with similar crimes fight their sentences and deportations.

The Lopez case

Best answer:

Answer by Kunal G
Its real big would tell you later

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15 comments - What do you think?  Posted by - March 31, 2011 at 5:12 pm

Categories: Immigration Lawyer   Tags: , , , ,

what is your opinion on this do you think it is fair??? 10pts for best answer please read thoroughly :)?

Question by ganicity: what is your opinion on this do you think it is fair??? 10pts for best answer please read thoroughly :)?
Two middle-school students in Oregon are facing possible time in a juvenile jail and could have to register as sex offenders for smacking girls on the rear end at school.

Cory Mashburn and Ryan Cornelison, both 13, were arrested in February after they were caught in the halls of Patton Middle School, in McMinnville, Ore., slapping girls on the rear end. Mashburn told ABC News in a phone interview that this was a common way of saying hello practiced by lots of kids at the school, akin to a secret handshake.

The boys spent five days in a juvenile detention facility and were charged with several counts of felony sex abuse for what they and their parents said was merely inappropriate but not criminal behavior.

The local district attorney has since backed off — the felony charges have been dropped and the district attorney said probation would be an appropriate punishment. The Mashburns’ lawyer said prosecutors offered Cory a plea bargain that would not require him to register as a sex offender, which the family plans to reject.

But the boys, if convicted at an Aug. 20 trial, still face the possibility of some jail time or registering for life as sex offenders.

The boys’ families and lawyers said even sentencing them to probation would turn admittedly inappropriate but not uncommon juvenile rowdiness into a crime. If they are convicted of any of the misdemeanor charges against them, they would have to register as sex offenders.

What’s Your Take?

“It’s devastating,” said Mark Lawrence, Cory Mashburn’s lawyer. “To be a registered sex offender is to be designated as the most loathed in our society. These are young boys with bright futures, and the brightness of those futures would be over.”

Cory Mashburn said he and Ryan Cornelison slapped each others’ and other kids’ bottoms every Friday. “Lots of kids at school do that,” he said.

Cory and Ryan were brought to the principal’s office Feb. 22, where they were questioned by school officials and a police officer. They were arrested that day and taken in handcuffs to a juvenile detention facility.

Court papers said the boys touched the buttocks of several girls, some of whom said this made them uncomfortable. The papers also said Cory touched a girl’s breasts. But police reports filed with the court said other students, both boys and girls, slapped each other on the bottom.

“It’s like a handshake we do,” one girl said, according to the police report.

The boys were initially charged with five counts of felony sexual abuse. At a court hearing, two of the girls recanted, saying they never felt threatened or inappropriately touched by the boys. The judge released the boys but barred them from returning to school and required that they be under constant adult supervision.

District Attorney Bradley Berry has since dismissed the felony counts. The boys face 10 misdemeanor charges of harassment and sexual abuse. They face a maximum of up to one year in a juvenile jail on each count, though Berry said there was no way the boys would ever serve that much time.

“An appropriate sentence would be probation,” he said. “These are minor misdemeanor charges that reflect repeated contact against multiple victims. We never intended for them to get a long time in detention.”

“We’re not seeking major penalties,” he said. “We’re seeking change in conduct.”

‘We Just Want This to Be Over’ Tracie Mashburn, Cory’s mother, said they will not accept plea and plan to fight the charges.

The arrests, critics said, reflect a trend toward criminalizing adolescent sexual behavior. Between 1998 and 2002, juvenile arrests for sex offenses other than rape or prostitution rose 9 percent — the only kind of juvenile arrests that rose during that time, according to the Bureau of Justice Statistics.

“More and more, they are criminalizing normal adolescent or preadolescent behavior,” said Chuck Aron, co-chairman of the National Association of Criminal Defense Lawyers juvenile justice committee.

Even probation, the Mashburns and their attorney said, would be too severe a punishment.

Julie McFarlane, a supervising attorney at the Juvenile Rights Project in Portland, Ore., said, “Probation for a sex offense is very difficult thing, and there’s a pretty high failure rate.” Failing to meet the terms of probation could mean the boys would be sent to jail.

Depending on the terms of probation, it’s likely that the boys would not be allowed to have sexual contact with anyone or any contact with younger children, McFarlane said. For Cory Mashburn, that would mean he couldn’t be left alone with his younger siblings.

“It’s been awful,” said Cory’s mother. “We just want this to all be over. But it will never go away. We’ll always remember it.”

Berry, the district attorney, said the victims — the girls who were touched — were being overlooked. “What’s been lost in this whole thing are the victims, who have been pressured enormously by these boys’

Best answer:

Answer by Anna
that’s stupid. Guys at my school smack my butt alll the time. and i dont enjoy it but its like whatever because boys will be boys. it was inappropriate but not criminal behavior. i think they should just write a letter of appology to the girls and just stop. because you’d have to arrest alottt of boys because practically all boys do that. i mean there are people getting RAPED out there, you shouldnt make a bigg deal out of middle school boys smacking girls’ butts. they’re going through puberty and you dont know if the girls just wanted to get them in trouble. in my opinion, everyone’s overreacting.

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1 comment - What do you think?  Posted by - March 4, 2011 at 2:14 pm

Categories: Trial Lawyers   Tags: , , , , , , , , ,

Your opinion IDAHO SUPPORTS ARIZONA APPEAL ON ILLEGAL IMMIGRANT LAW?

Boise Attorney
by The U.S. Army

Question by Maricopa County: Your opinion IDAHO SUPPORTS ARIZONA APPEAL ON ILLEGAL IMMIGRANT LAW?
(BOISE) – Governor C.L. “Butch” Otter announced today that the State of Idaho has joined Michigan in filing a “friend of the court” brief with the 9th U.S. Circuit Court of Appeals in support of Arizona’s law on illegal immigrants.

Attorney General Lawrence Wasden, in consultation with the Governor, signed on to the amicus brief Thursday. It makes the case that states have the authority to concurrently enforce federal immigration law, provided that states do not create new categories of aliens or attempt to independently determine the immigration status of an alien.

The brief also contends that the Arizona law is consistent with the regulatory scheme established by Congress – which is one of concurrent enforcement, where the federal government must respond to any inquiry by a state or local government agency seeking to verify the immigration status of any person within its jurisdiction.

“Arizona is simply requiring its law enforcement officials to help the federal government enforce immigration law as envisioned by Congress,” Governor Otter said. “State officials have the right under existing federal law to identify illegal aliens and report them to federal authorities. It’s our affirmative duty to protect states’ rights, and that’s particularly important when a lawsuit seeks to punish a state for doing what the federal government has failed to do – protect our borders and American citizens.”

Eleven states now have joined in the appeal from a federal judge’s initial ruling against Arizona in the lawsuit filed by the U.S. Department of Justice.
http://www.spokesman.com/blogs/boise/2010/sep/03/idaho-joins-appeal-ariz-immigration-law/

Best answer:

Answer by myopinion
Good for idaho. all states should be supporting Arizona.. because one of these days it will be their turn for the Feds to just come in and push you around. Arizona is right.. Washington is dead wrong!

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3 comments - What do you think?  Posted by - January 20, 2011 at 8:16 pm

Categories: Boise Lawyer   Tags: , , , , , ,

Q&A: Would particularly like the opinion of a lawyer or HR person re telling “white lies” to employers, is it legal?

Question by hacking is illegal: Would particularly like the opinion of a lawyer or HR person re telling “white lies” to employers, is it legal?
Things are so over the top with “full and open disclosure”, etc these days, including ones personal life, I just wondered about a few scenarios.

1. Lets say for instance a General Manager of a company is divorced and joins an expensive dating agency and meets a new partner there. Whoever he answers to (his boss) and all the staff at his company, are told by him, when they ask where he met his new partner, that he’s met this lady through friends, or some such other “white lie” as he doesn’t want to say he went to a dating agency or dating website. Can he get into trouble for “lying” or “breach of trust” if it’s ever found out he in fact didn’t meet the lady through friends at all?

2. Employee wants to leave the company so they “lie” to their employer and ask to leave early as they feel sick or ask for time off to go to the dentist, etc, but really they are going to a job interview. Once they resign, when they get the new job, can they be seen as a “dishonest” and perhaps be dismissed instead of being able to resign? Everyone tells these “white lies” to get a new job, but some employers are just being so over the top with honesty these days, I wonder if any would actually get huffy and officially accuse you of dishonesty?

3. Employee is going through a trial separation or other personal family problem (perhaps one of their kids is on drugs or something and there is nothing in his employment agreement stating that you have to mention drugs, unless it’s relating to you personally), do they have to reveal this to their employer, even if asked? Including if they are asking to leave work early to deal with something in regard to this? Or is it ok to “white lie” about the reason for wanting time off? Stating something like “I have a family or personal problem I need to leave early for” could just invite unwanted questioning so most would prefer to do the “going to the dentist” routine. And if they are undergoing a trial separation but haven’t told their employer they have changed their address, is that wrong?

Best answer:

Answer by Judy
A lie is a lie. But if it has nothing to do with business, it’s none of the employer’s business. In your example 1, it’s absolutely none of their business. In 2, yes it’s business related, but you’re right, is so common that most employers wouldn’t even ask. In 3, they should say that they need to leave early to deal with a personal issue, and if more questions are asked, say it’s personal. And the employee has no requirement to tell his boss about a trial separation.

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1 comment - What do you think?  Posted by - December 5, 2010 at 1:17 am

Categories: Staff Lawyer   Tags: , , , , , , , , , ,