law

Legal Review: Cannabidiol Continues to Gain Support

By ARLnow.com Sponsor

By criminal defense attorney Patrick Woolley, who is barred and practices in the state of Virginia, with Price Benowitz LLP.

Non-hallucinogenic medicinal marijuana, or cannabidiol, continues to gain legislative and medical support for its use in combating nausea and pain. Legislators in Virginia are considering a bill that would allow physicians to broadly prescribe cannabidiol (or cannabis oil, as it is commonly known) for any medically-diagnosed condition.

Cannabis oil has gained popularity recently as studies have shown the efficacy of marijuana in pain treatment. As there has been no corresponding increase in support for legalization of marijuana at a federal level, doctors and scientists have attempted to come up with alternative ways of delivering the benefits of marijuana in a form that does not run afoul of current federal laws.

Unfortunately, cannabis oil is considered a “Schedule 1” narcotic by the Drug Enforcement Agency (DEA), meaning that from a federal standpoint, its production and distribution are illegal. However, many producers of cannabis oil claim that their products are derived from the hemp plant, making it legal.

Laws related to the possession, use, production and distribution of marijuana and any of its extracts currently vary from state to state. Several states have completely legalized the use of marijuana. Others still ban it completely, even when only used medicinally. Still others allow medicinal use but not recreational use.

“The state of the law related to marijuana and its derivatives throughout the United States is in an incredible amount of flux,” said Patrick Woolley, a criminal defense attorney in Virginia. “It is incumbent upon individuals who are looking to use cannabis oil or other products to ensure that use and possession of those items will not put them in serious legal jeopardy.”

What does this mean for a Virginia resident seeking to use cannabidiol for medical purposes? Currently, Woolley said, the use of cannabis oil is still illegal, even for medicinal purposes. If the proposed law passes, “the use of cannabis oil with a doctor’s prescription would be legal, but possession without a prescription would still be a crime,” said Woolley.

Additionally, possession of any other marijuana derivative, or marijuana itself, would not fall under the protections of this law.

Virginia residents who do avail themselves of any new Virginia law related to cannabis oil should be aware that the legality of something in Virginia does not make it legal everywhere else. If you are traveling to another state or another country, you should make yourself familiar with the possession and use laws of those states and countries, as well as any state or country you may be traveling through. You can still be charged with a crime in another state.

Legal Review: Asylum Seekers Among Immigrant Families Separated by ICE

By ARLnow.com Sponsor

By immigration lawyer Natalia Segermeister, who is barred and practices in the state of New York, with The Visa Firm.

Immigrations and Customs Enforcement (ICE), the agency tasked with enforcing the immigration laws of the United States and headquartered in Washington, D.C., has begun separating families who arrived in the United States without prior approval and those that have overstayed their visas or failed to maintain their status.

A lawsuit filed by the American Civil Liberties Union (ACLU) alleges that breaking up families without a hearing — specifically, separating parents from their minor children — is a violation of the due process rights of the parents.

Some families arrive in the United States as asylum seekers — individuals leaving war-torn or otherwise dangerous home countries in search of safety.

To qualify for admittance into the United States under a request for asylum, the individual must prove that they have been persecuted in the past in their home country or has a well-founded fear that they will be persecuted in the future because of race, religion, nationality, membership in a particular social group, or political opinion.

“The intent behind the asylum regulations is obvious: to provide individuals that fear for their lives the opportunity to come to the United States for safety,” said Natalia Segermeister, an immigration law attorney with The Visa Firm in Washington, D.C.  “However, it is a very high bar to clear. The burden of proof is on the individual requesting asylum, and most of these refugees have very little to their names at all, let alone evidence of past persecution or reasons to expect persecution in the future.” As a result, many claims for asylum are denied for this reason.

The ACLU’s plaintiff is a mother from the Democratic Republic of Congo. She and her seven-year-old daughter came to the United States to escape the violence that has engulfed that African nation for years. Upon arrival in the U.S., they promptly surrendered to immigration agents and requested asylum.

Not long after their arrival, ICE sent the mother to a detention center in San Diego, CA. They sent her seven-year-old daughter to a youth shelter in Chicago.

“This family, so concerned about losing one another to violence in their home country, left in search of safety together,” said Segermeister. “They arrived in the United States, hopeful for protection. Instead, the mother and daughter were ripped apart. Now, the mother must decide whether to risk being apart from her daughter for waiting for a decision that may not be favorable, or whether to be reunited with her daughter immediately and risk returning the DRC. They have to make sure that their case is processed properly and that the evidence needed for the claim is present.”

Claims for asylum must be properly and supported with documentation to be successful. Having legal guidance experienced in the process can be the difference between approval and denial.

Legal Review: President signs Secret Service Overtime Pay Bill

By ARLnow.com Sponsor

By employment law attorney Tom Spiggle, who is barred and practices in the state of Virginia, with The Spiggle Law Firm.

The U.S. Secret Service Retention Act of 2018 was signed earlier this month by the President, allowing Secret Service agents to receive overtime pay.

The new law will immediately affect over 1,000 Secret Service agents who have already reached the federal limit and therefore, have not received their pay for extra time worked. The federal overtime limit will now be raised to $189,000 for overtime worked in 2018, allowing the agents to be compensated for their work. It was also raised to $187,000, an increase from $164,200, for unpaid overtime worked in 2017.

The bill was sponsored by U.S. Rep. John Katko (R-NY), who chairs the House Subcommittee on Transportation and Protective Security and has oversight over the Secret Service, as well as U.S. Rep. Elijah Cummings (D-MD), a ranking member of the House Committee on Oversight and Government.

Being paid fairly and fully for all overtime will also reduce worker turnover, according to Katko. Workers will be happier, and less apt to leave their jobs if they are more secure.

Under the Fair Labor Standards Act (FLSA), which establishes standards in overtime pay, employers must pay their workers for any hours worked over forty hours in one week. The FLSA applies to the federal government and therefore, the Secret Service.

Secret Service agents have been working much more overtime than ever before since the 2016 election, since they must protect the President and the First Lady, as well as all of the President’s children and their spouses and children.

“Protecting more people on a daily basis translates to more hours worked, much more than in past Presidents’ tenures,” said Tom Spiggle, Principal at The Spiggle Law Firm, an employment law firm in Washington, D.C. “Although these agents protect the President and his extended family with their lives, many have not been fully paid because they have reached the federal cap that was put on overtime pay. This bill is a great step forward in equalizing the pay discrepancy over the past two years, so they will now be paid fairly for their work.”

Board to Discuss Outdoor Seating Changes After Westover Beer Garden Troubles

By Chris Teale

After the recent fight over the Westover Beer Garden’s outdoor seating, the Arlington County Board will consider some changes at its meeting next month.

Under a plan put forward by staff, the County Board could review the seating capacity and hours of piped-in music in outdoor seats governed by a use permit, like the Westover Beer Garden, on a case-by-case basis. It would mean the Board can approve exceptions to the rules of a use permit individually.

Standards that cannot be modified under a use permit include parking requirements, the use of portable lights and furniture and tying their opening hours to the attached restaurant’s.

The beer garden at 5863 Washington Blvd ran into difficulties earlier this year when it tried to add to its outdoor seating as county use permits expressly forbid having more outdoor seats than indoor seats.

That stands in contrast to the just-open Continental Beer Garden in Rosslyn, which has many more seats outside than inside and can do so because it went through a site plan process, which requires County Board approval and is much more involved than a standard administrative permit process.

Similarly, the proposed beer garden known as “The Lot” in Clarendon would need to go through a site plan process to ensure it can have more seats outside than inside under the current rules.

Staff said outdoor seating cannot be considered as permanent seating for a restaurant, and must continue to be treated as an optional extra.

“Because it is an accessory use, an outdoor café is not considered a permanent expansion of a restaurant’s seating capacity, as it is a transitory use which provides patrons with additional seating options on days with pleasant weather,” staff wrote. “The accessory outdoor café also goes largely unused during periods of cold, snow, and rain.”

The County Board voted unanimously Saturday to hold a public hearing on the subject at its November meeting. Staff will make a recommendation on whether the Board should adopt the changes beforehand, with the Planning Commission also set to weigh in.

Photo via Facebook.

Morning Notes

By ARLnow.com

Crystal City Hotel Worker Sexually Assaulted — A female employee of the Hyatt Regency hotel in Crystal City was sexually assaulted Sunday morning, according to police. A 34-year-old man from Bahrain was arrested following the assault. [WJLA, Fox 5]

Arlington Man Beaten to Death in Brooklyn — An Arlington resident was beaten to death by a 69-year-old man in his Brooklyn home, in what’s being described as a case of self-defense during a home invasion. Rodolfo Rosa, 48, of Arlington, Va., died after suffering severe head trauma during the alleged break-in and the struggle that ensued. [New York Post, New York Post]

ACFD to Hold Fire Camp for Girls — Thursday is the first day of Arlington County’s annual all-girls firefighting camp, which “introduces teens to the male-dominated career of firefighting” and encourages them to pursue a career as a firefighter or paramedic. [Washington Post]

Slow Drivers in Passing Lane to Be Fined — Starting this past Saturday, a new law went into effect in Virginia which makes it illegal to misuse the passing lane by driving slowly in the left lane longer than necessary. Those pulled over for it face a $100 fine. [WHSV]

No Flag Waving at Arlington Cemetery — It is technically illegal to wave an American flag at Arlington National Cemetery. That is an unintended side effect of — or, perhaps, collateral damage from — a 2006 federal law meant to crack down on anti-gay protests during military funerals. [Washington Post]

Photos: Costumes of BlerDCon — “The inaugural BlerDCon… brought out thousands of cosplayers of color from across the country” in Crystal City this past weekend. ESPN’s The Undefeated has photos of some of the attendees. [The Undefeated]

Photo via @kcristol

Westover Beer Garden Outdoor Seating Fight May Prompt Changes to County Code

By Chris Teale
1/3

Advocates for the Westover Beer Garden helped convince the County Board to try to change the local law governing outdoor seating at restaurants and bars.

At its meeting Tuesday, the Board directed County Manager Mark Schwartz to suggest revisions to County Code to provide more flexibility to those who wish to add more seats outside than inside.

Under current law, the beer garden at 5863 Washington Blvd cannot add to its outdoor seating, as county use permits expressly forbid having more outdoor seats than indoor seats.

That stands in contrast to the soon-to-open Continental Beer Garden in Rosslyn, which has many more seats outside than inside and can do so because it went through a site plan process, which requires County Board approval and is much more involved than a standard administrative permit process.

“We have recently heard from the owner and many patrons that they would like the opportunity to expand the outdoor seating at the Westover Beer Garden beyond the number currently permitted by law,” County Board chair Jay Fisette said. “As it turns out, the long-standing County Code places significant restrictions on outdoor seating for retail establishments – and specifically prohibits flexibility if governed through a use permit, while allowing more flexibility if sought through a site plan amendment.”

Supporters of the Westover Beer Garden showed up to Tuesday’s meeting to testify on the Continental Beer Garden and highlight the differences between the two. Westover has faced an ongoing battle with the county over its outdoor seating, as it applied recently to expand its currently-allowed 24 seats and its live music offerings.

Having exceeded that total and received a citation from the county, Westover must comply with its use permit by June 1. But owner Dave Hicks said sticking to 24 seats will cause problems for the business.

“If required on June 1 to reduce seating to 24 seats (a third of what we have now), Westover Market is not a viable business,” Hicks wrote on the “Save the Westover Beer Garden” Facebook page. “June is one of our busiest months. We have 22 employees and would have to reduce that number by half. But even that wouldn’t pay the rent, taxes, electricity and other fixed expenses.”

Fisette set the goal of the County Board taking action by October, after a review process that will involve the Zoning Ordinance Review Committee of the Planning Commission. Planning director Robert Duffy said staff will work “aggressively” to meet that goal.

Board member John Vihstadt said revising the County Code will mean “equitability in terms of our planning,” while Fisette said it is important to protect places like the Westover Beer Garden.

“Part of Arlington’s success has been in creating active public spaces and a vibrant pedestrian realm,” Fisette said. “We recognize the value of lively and safe community gathering spaces which bring people together and help knit the fabric of our various neighborhoods — places such as the Westover Beer Garden.”

Kalina Newman contributed reporting.

‘Bill Of Rights Eagle’ Unveiled At GMU’s Scalia Law School

By Chris Teale
1/10

More than 100 dignitaries, students, faculty and staff braved blustery conditions Monday for the unveiling of the Bill of Rights Eagle outside the Antonin Scalia Law School on George Mason University’s Arlington campus.

Cast in bronze by sculptor Greg Wyatt, the 4,300-pound eagle has a seven-foot wingspan and was dedicated as part of the university’s Law Day celebrations.

It shows an American eagle standing on top of the Bill of Rights, protecting them with its enormous wings. In an interview after the ceremony, Wyatt said it was symbolic of standing against oppression and for freedom.

“It’s a permanent memorial to free speech and artistic practice, unlimited by your format and materials,” he said. “It’s something you want to pass from one generation to the next.”

Wyatt initially presented the statue in plaster in the U.S. Senate’s Russell Office Building in 1989, before it moved two years later to the southwest corner of the courtyard at Harvard University, near Dudley House.

After five years outside Dudley House, it moved to the courtyard by Harvard’s Winthrop House, just outside the suite where former President John F. Kennedy lived and studied. A renovation in that area forced it to return to Wyatt’s studio, then the law school was recommended for its new home.

And while university officials said the move was not because of namesake George Mason IV’s role as the author of the Bill of Rights, it is fitting nonetheless.

“I think Harvard Yard was an okay place for the Bill of Rights Eagle. I think the U.S. Senate was a better place,” said GMU president Angel Cabrera. “But I cannot think of a better place for the eagle than the law school that carries the name of the author of the Bill of Rights.”

“I just get chills,” said law school dean Henry Butler. “Here we are at the university named for the father of the Bill of Rights, being given an eagle named for the Bill of Rights.”

Wyatt has designed two other similar eagles on display in the U.S.: one with a three-foot wingspan on the campus of Vanderbilt University in Tennessee and another with an 18-foot wingspan in the north courtyard of the State Department in the District, installed in 2000.

He said his research involved learning about how eagles are put together, from their bone structure to feather count and where their joints are.

“That kind of research is expected,” Wyatt said. “What’s not expected is adding something to the nation’s symbol. What that means in this instance is the idea that our freedom of speech and production and artists are showcase for the benefits of the constitutional rule of law under which all of us derive these precious freedoms.”

Public Defenders Object to New County Policy for First-Time Marijuana Offenders

By Tim Regan

Marijuana(Updated at 1:02 p.m.) A new Arlington General District Court policy to skip appointing a lawyer for some first-time marijuana offenders has local public defenders speaking out.

Under the new policy, which took effect March 1, people caught with a small amount marijuana would not be appointed a lawyer if they have no criminal record and it’s their first pot possession offense.

According to a memo that court officials sent to the Arlington County Bar Association last month, some people caught with pot for the first time can enter a guilty plea and have the charge dismissed as long as they agree to meet “certain conditions” set by the court.

Offenders who qualify would have two weeks from arraignment to consult with an attorney if they choose, but wouldn’t be appointed one.

Though the Sixth Amendment of the U.S. Constitution says “in all criminal prosecutions the accused… shall have assistance of counsel for his defense,” the Supreme Court ruled in a 1979 decision that the right to counsel only applies when a defendant faces imprisonment.

In this case, because the court is waiving jail time for those offenders, it does not legally need to appoint them counsel. Many other courts throughout the U.S. have also similarly waived imprisonment for first-time marijuana offenders.

Arlington’s Office of the Public Defender is protesting the policy on the grounds that it could unfairly affect people who can’t afford lawyers if they want them.

The office made its case in a rebuttal letter shared with ARLnow.com.

“While no doubt unintended, Arlington’s new policy will send us down a slippery slope towards the same scenario for poor people: no lawyers for indigent persons charged with personal-use marijuana possession cases where the court or prosecutor exclude jail time as a sentencing option,” the letter reads.

Matthew Foley, the office’s chief public defender, added that the new policy would “disproportionately affect minorities and immigrants” and possibly deprive them of their due process.

Foley argued that the policy could mislead people into thinking the charges would be expunged from their record, which they may not be. For citizens, he said, the consequences of a criminal record might include loss of educational opportunities, jobs, public benefits, student loans, and the ability to legally drive a car. For non-citizens, the consequences of such a record could mean deportation, the inability to become a citizen or re-enter the country.

“Liberty is not just about jail time,” he told ARLnow.com. “It’s about permanent criminal records, which affect you your entire life.”

Foley continued in the letter:

Assuming a typical indigent defendant can even get a free consultation with a private lawyer, how does that person parlay the attorney’s advice into getting due process? If the consulted lawyer advises that the police stop or search were unlawful, what will the indigent defendant without an appointed attorney be able to do with this advice? What if the person charged is innocent? How does the mere advice of the attorney lead to a just result? If the attorney tells the accused person that the case is weak, but he may be deported if he is found guilty, how does that help? The answer is clear: it will help no more than a doctor advising an uninsured, cash-strapped patient how to remove his tonsils, set a broken leg or cure his cancer.

But Commonwealth’s Attorney Theo Stamos disputed Foley’s argument and called his rhetoric “overheated.”

(more…)

Courthouse Law Firm’s Reaction to Guilty Verdict for Partner’s Attacker

By ARLnow.com

Alecia and Andrew Schmuhl (photos via FCPD)The man who held a local attorney and his wife captive in their McLean home for hours, torturing them and slashing their throats, has been found guilty on all charges.

Springfield resident Andrew Schmuhl, 33, now faces a maximum sentence of life in prison. The sentencing will begin Thursday.

Schmuhl’s wife, Alecia, will face trial in September for her role in the attack, which allegedly stemmed from her firing from the Courthouse-based law firm Bean, Kinney & Korman. Victim Leo Fisher was the partner in the firm who fired Schmuhl.

The firm released the following press release about the verdict Tuesday evening.

We are grateful that the jury’s guilty verdicts in the prosecution of Andrew Schmuhl for his brutal assault of our friend and colleague, Leo Fisher, and his wife Sue Duncan, mark the beginning of closure for them. This was a horrific ordeal no one can fully grasp. We appreciate the enormous effort made by the Commonwealth’s Attorney and his office to present a compelling case that has produced a just result, and the hard work of the law enforcement professionals who brought the facts to light. We trust that the jury will now recommend a sentence commensurate with the defendant’s atrocities.

The firm remains deeply indebted to its friends, clients, colleagues and fellow professionals for their constant well-wishes and support throughout this process.

With the conclusion of the sentencing proceedings, Leo may add his comments to those of the firm, but we ask that his and Sue’s continued privacy be respected. Otherwise, as the prosecution of Alecia Schmuhl is continuing, no further comment will be provided from anyone with the firm, apart from our desire that an appropriate outcome in her case will also be achieved.

About Bean, Kinney & Korman, P.C.

For more than 50 years, Bean, Kinney & Korman has been a leading Northern Virginia law firm that has continuously grown and diversified to meet the increasingly complex legal needs of its expanding community of clients. Bean, Kinney & Korman provides business/corporate and individual services among a wide range of practice areas.  For more information, visit http://www.beankinney.com.

GMU Law School Renamed ‘Antonin Scalia School of Law’

By ARLnow.com

GMU Antonin Scalia School of Law announcement

(Updated at 4:55 p.m.) George Mason University’s Arlington-based law school has been renamed after the late U.S. Supreme Court Justice Antonin Scalia.

GMU agreed to rename the law school, based in the Virginia Square neighborhood, after receiving two donations for a total of $30 million, the largest combined gift in university history. Of the $30 million, $20 million came from an anonymous donor, via the Federalist Society, and $10 million was donated by the Charles Koch Foundation.

GMU’s Board of Visitors voted in favor of the new name this afternoon, the Wall Street Journal reported. Scalia, a McLean resident, passed away in his sleep on Feb. 13 while visiting a Texas ranch.

After the jump, the press release from George Mason University announcing the new name.

(more…)

Morning Notes

By ARLnow.com

Evening jog (Flickr pool photo by David Giambarresi)

Sweetgreen, Taylor Gourmet Coming to Crystal City — Venture capital-funded salad purveyor Sweetgreen plans to open a 1,700 square foot store in the former Corner Bakery space in Crystal City later this year. And that’s not the only trendy eatery coming to the neighborhood. Sandwich shop Taylor Gourmet is expected to open in a storefront next door. [Bisnow]

Sunglasses Store Closes on Pentagon Row — There’s still more than a month until Labor Day but sunglasses store Specs New York, which opened up three months ago on Pentagon Row, appears to be closing. [Twitter]

New Law Allows Cocktail Pitchers — A new Virginia law that took effect July 1 finally allows restaurants to serve pitchers of cocktails. Previously, it was against the law to serve any mixed drink other than sangria via pitcher. Pepita, which opened last week in Ballston, is taking advantage of the new law by selling margaritas in a skull-shaped pitcher for $40. [Washington Business Journal]

TV Station Profiles Arlington Fugitive — Rosslyn-based WJLA featured an Arlington fugitive as part of an “ABC 7 On Your Side” segment. Police say Jessie Kim, 25, assaulted the new owner of what had formerly been his family’s dry cleaning business. Kim is also accused of destroying the owner’s phone and other property before driving off in a silver BMW. [WJLA]

Bus Accident in Ballston — A minor collision between an ART bus and a Metrobus happened around 5:00 p.m. yesterday in front of the Ballston Metro station. No injuries were reported.

Flickr pool photo by David Giambarresi

View More Stories