law

By Immigration Attorney Mario A. Godoy of Godoy Law Office

The U.S. Census is an important document filled out by every person in America.

The census results not only tell lawmakers how many people are in the country, but it also determines the number of seats held in the House of Representatives by each state.

The census is taken once every decade and as the time approaches for the next one, President Donald Trump has made one significant change that some say is simply continuing his war on immigration.

The Trump administration now wishes to include a question about citizenship on the 2020 census. If this is allowed, along with filling out information such as a name and income levels, a person will also have to state if they are a citizen or a legal or illegal immigrant. Last month, a New York federal judge, Judge Jesse Furman, struck down the ruling, saying it would negatively affect too many states.

Now, it’s up to the Supreme Court to decide if they want the question included.

“This will do nothing but keep non-citizens from taking part in the upcoming census,” says Mario A. Godoy of Godoy Law Office. “That not only means the census results in 2020 are going to be inaccurate, it also means several states will lose seats in the House, along with losing federal funding.”

The state that has the most to lose in terms of seats within the House is California, which would be a major blow to Democrats. When making his ruling on the issue, Judge Furman also states that eight other states, along with D.C., would feel the negative impact. These include Illinois, Massachusetts, Maryland, New Jersey, New Mexico, New York, Oregon and Washington.

If the citizenship question is allowed on the census, it will be the first time since 1950 that the document asks for this information. However, after Justice Brett Kavanuagh was confirmed to sit on the Supreme Court in the fall of 2018, conservatives currently hold the majority on the bench. That majority likely means that the Supreme Court will overturn Judge Furman’s decision.

By Personal Injury Attorney Peter Bowman of Billings, Barrett and Bowman, LLC

After two new laws were proposed in Connecticut that would change the state’s helmet laws for motorcyclists, a group of bikers headed to the state’s Capitol in February to oppose at least one of the new laws.

While this is a situation occurring in Connecticut, it has shone a light on the helmet laws for bikers around the country. With the majority of states, 28 in fact, only requiring some motorcyclists to strap on headgear before hitting the road, those in The Constitution State are wondering why their laws need to change.

One of the proposed laws in Connecticut is to increase the required age of younger motorcycle operators and passengers that currently must wear helmets from 17 to 21. The group of bikers that went to the Capitol does not have a problem with this. However, they say that is as much as they are willing to budge when it comes to any new laws.

The other, more hotly contested proposed legislation, would require all bikers in the state to wear a helmet.

“It has been our experience that increasing the following distance, proactive, defensive driving, wearing visible clothes and other safety equipment (jacket, pants, etc.) is the most effective way to be safe on a motorcycle.” says Peter Bowman of Billings, Barrett and Bowman, LLC.

Currently, Rhode Island, New Hampshire, Maine and Pennsylvania do not require all bikers to wear a helmet. In turn, proponents of the proposed laws pointed to other states that do have universal motorcycle helmet laws. These states include New York, New Jersey, Massachusetts, Maryland and California.

It is worth noting though, that these states have a far denser population, meaning their roads could already be considered more dangerous. That is just not the case in Connecticut.

What it all comes down to, said many of the bikers in attendance, is choice. There are many behaviors that could be described as risky including smoking cigarettes and drinking alcohol. However, those over the age of 21 are allowed to partake in these activities. Why can that same theory not apply to motorcycle helmets?

By Family Law Attorney Galit Moskowitz of Moskowitz Law Group, LLC

Divorce is never easy, but when it involves a great amount of wealth, it becomes so much more complicated due to the amount of property that must be divided.

While each divorce is governed by the state it is filed in, there are some complexities anyone with a high net worth, and in the middle of a divorce, will face. In divorce, property is divided in a 50/50 split, or by equitable distribution.

Community states use the straight-down-the-middle formula while equitable distribution states will divide property up fairly, or justly. This does not always mean that it will be split equally, though.

In community states, dividing property evenly in a high net worth divorce is fairly simple, although it does have its own complications. In equitable distribution states, it is a bit more complex. For example, a judge may award one spouse $5 million and the other $10 million, as both amounts provide plenty for a spouse to live off.

“There are many factors judges across the country will take into consideration,” says Galit Moskowitz of Moskowitz Law Group, LLC. “But the one factor that any judge will weigh is the contribution of each spouse to their earnings. If one made the bulk of the income and was highly involved in a business that made most of that income and the other was not, the judge will likely award those with greater involvement more.”

However, complications will still be at play. One similarity all high net worth divorces have is that their assets are complex. It is not merely houses and cars that make up the assets. It is often stocks and shares in companies. When this is the case, those shares are sometimes divided equally.

In other instances, both spouses will co-manage the shares, which can often put investors and corporate directors of the companies at greater ease.

Another commonality in all divorces, no matter where they occur in the country, is that prenuptial agreements supersede any state property division laws. While a judge will still have to determine that a prenuptial agreement is fair and enforceable, whatever the couple outlined when they signed it is how their property will be divided in the end.

By Criminal Defense Attorney John S. Berry Jr. of Berry Law Firm

Veterans’ benefits are forever changing, and this year some major modifications have been made to the federal program.

The biggest changes affect the GI Bill, Space-A travel, the Uniform Code of Military Justice, reservists’ allowance and the Tricare dental program.

Changes to the GI Bill

The GI Bill is a huge benefit of being in the military, as it helps veterans and their family members with their educational goals. This year Veterans Affairs will give eligible individuals enrolled in a science, technology, engineering and math (STEM) program nine more months of coverage.

The VA may also pay up to $30,000 instead of the nine months. Typically the lesser amount will be paid. To be eligible for these additional months, individuals must have already completed 60-semester or 90-quarter hours in an applicable program. Enrollment in a 128-semester or 192-quarter hours course is also required.

Space-A Travel

Space-A flights allow members of the military, and their families, to travel on military planes and charters when the aircraft has empty seats. In 2019, disabled veterans that have a disability rating of 100 percent are eligible for these flights.

New Addition to Uniform Code of Military Justice

The Uniform Code of Military Justice outlines military law in the United States. Now the Code will include Article 128b, which addresses domestic violence. It will include provisions for assault, intimidation, violation of a protective order, damaging property and injuring animals.

Allowance for Reservists

A new law allows reservists a high-deployment allowance up to $1,000 a month. There are eligibility requirements, such as reservists must be mobilized under Section 1104(b).

Tricare Dental Program Changes

Retired veterans enjoying Tricare coverage should know that the FEDVIP program will replace the Tricare Retiree Dental Plan (TRDO). This change also allows those with family members on active duty access to vision insurance.

“All veterans should know about these changes, to ensure they are taking advantage of all benefits that are available to them,” says John S. Berry, Jr. of Berry Law. “It is also important veterans understand that while these are federal changes, they should also investigate the many changes occurring at the state level across the country.”

By Criminal Defense Attorney Shawn Sukumar of Price Benowitz LLP

As legalization of medical and recreational marijuana continues to spread throughout many states, a major alcohol association has appealed to Congress to legalize the drug federally.

It was in late November 2018 that the Wine & Spirits Wholesalers of America (WSWA) appeared on Capitol Hill. They had been fighting for federal legalization of marijuana since July, but went one step further when they appealed to lawmakers and congressional staff in the nation’s capital.

The WSWA pointed to the fact that federal legalization would prevent the diversion of marijuana to other states. That is something lawmakers are currently trying to combat, as those in nearby states that have not yet legalized marijuana travel to states that have and bring it home.

During the meeting, the development of technologies that could detect drivers under the influence of marijuana was also discussed. By implementing new driving standards that would correspond with legalization, the association argued that it would not be a threat to the general public.

“It simply does not make sense that marijuana is still considered a Schedule I drug at the federal level,” says Shawn Sukumar, Washington D.C. criminal defense attorney. “It does not have the harmful effects of LSD or heroin, yet it is classified as being the same.”

Some at the briefing by WSWA criticized the group. This was due to a suggestion that the alcohol industry simply wanted marijuana legalized so they could sell it, and therefore reap the profits that could be distributed to other businesses. WSWA was adamant though, that was not the case.

Instead, the association provided many other benefits that legalizing marijuana federally would bring. These included keeping marijuana out of the hands of underage individuals and increasing the safety of marijuana. The association also argued that legalizing cannabis throughout the entire country would also allow all states to reap the tax benefits of selling the drug.

There was no word after the briefing on how WSWA’s presentation was received by lawmakers. However, with this first step, it is possible that more major associations could follow in WSWA footsteps.

If that happens, legislators may begin to feel the pressure. That ultimately could lead to marijuana being federally legalized, and fewer innocent people being convicted.

By Criminal Defense Attorney Patrick Woolley of Price Benowitz LLP

Virginia police departments know they are going to have a problem on their hands during the holiday season. There are going to be more drunk drivers on the road. Many departments throughout the state say they are taking the same measures as they do throughout the year to combat the problem.

However, the numbers show they have already been making more arrests over the holiday season.

According to the Virginia State Police, there were 11 fatal traffic accidents over the Thanksgiving weekend. From Wednesday, November 21 to Sunday, November 25, nine drivers, two passengers, and a motorcyclist were killed.

That same weekend, police in Chesterfield County charged 16 people for driving while intoxicated and driving under the influence. An officer in Chesterfield County was also hit by a drunk driver on the Sunday of the long weekend. Luckily, he was not seriously injured.

In total, 102 drunk drivers were arrested by state troopers over the Thanksgiving weekend. However, police departments across the state are saying that despite these numbers, they did not ramp up their law enforcement efforts during the holiday. It seems people may just be more likely to drink and drive during this time.

“Local police departments may not have had an increased presence over the Thanksgiving holiday,” says Patrick Woolley of Price Benowitz LLP, “but they will increase checkpoints and the number of patrolling officers over Christmas. It is vital that anyone that has had too much to drink find another way home other than driving themselves. This will not only reduce the number of fatalities, but also ensure they do not face the serious consequences that come with a drunk driving charge.”

Even if an accident involving a drunk driver occurs and no one is hurt, the driver will face many penalties. A first-time offense will result in a $300 fine if convicted, and the driver will lose their license for one year. Worse yet, individuals convicted of drunk driving will have a criminal record that will follow them around for the rest of their life.

By Criminal Defense Attorney Kush Arora of Price Benowitz LLP

It is well known that the entire country is suffering from an opioid epidemic. That epidemic is now moving from the streets into many state labs. Many of them are facing severe backlogs, causing investigations to take much longer to complete.

Maryland is one state facing such backlogs. In order to deal with it, they have applied for a grant to the U.S. Justice Department to help them deal with the delays they are currently dealing with.

According to the Maryland State Police, there has been an ‘exponential increase’ in the number of overdoses and crimes that involve heroin and opioids. They are not wrong. In the grant application, the State Police stated that the backlog increased from 111 cases in 2015 to 2,101 in May of 2018.

This backlog is the reason they have applied for a grant that would allow them to bring in outside contractors that can help. These contractors can help state lab forensic scientists get through the backlog more quickly.

“One of the biggest problems with the backlog is that many people currently in custody are waiting for the results of lab testing,” says Kush Arora of Price Benowitz, LLP. “If those tests return nothing to indicate a person should have been in custody, that time was simply wasted. Many believe the backlog works to the defendant’s advantage. For those not free while the investigation is conducted however, it can work against them just as much.”

It is expected that Maryland will receive the grant it needs, and that it will be in the amount of $2.5 million. Not only will this help with the backlog, but it will also go towards preventing them in the future.

Maryland is not the only state dealing with such a backlog. In the past three years, Virginia has also experienced a ten percent increase in drug cases, causing a backlog in forensic labs in that state as well. While it once took just 30 days to complete a standard drug forensic lab review in Virginia, that time has been increased to 134 days.

By Spine Surgeon Dr. Victor Hayes, MD of Trinity Spine Center

It has long been thought that those suffering from paralysis would never walk again. However, new research is turning that idea on its head and giving paralysis patients new hope.

The research was conducted by two different groups of researchers. They found that when electrical stimulation was applied to the spinal cord, some paralysis patients were able to walk again.

Electrical stimulation on its own is not enough. Patients that regained walking capabilities underwent extensive physical therapy after the stimulation. So far, three patients have been able to give up their wheelchairs, at least temporarily, and walk.

The news has garnered national interest, and praise from others in the field.

“This research is life-changing for patients” says Dr. Victor Hayes, MD. “To be able to tell a patient that thinks they have lost the use of their legs that there is hope will be a very good day. Everyone will be watching to see how this technology advances in the future to help even more patients.”

While the work is certainly progressive, more studies need to be done before it is commonly applied. Electrical stimulation will also not provide a person with full function right away.

Every patient that was able to walk after the the studies were conducted required a walker to do so. Two patients participating in the research were still not able to walk, indicating it may not be appropriate for everyone.

The physical therapy sessions were so intense one participant sustained a broken hip during them. Only one of the patients that can walk once again has done so outside of the laboratory setting.

Even with the limitations of the technology, doctors, researchers and professors are looking at it as the future of medicine. Instead of simply trying to make things as easy as possible for paralysis patients, Gregoire Courtine, professor at the Center for Neuroprosthetics and Brain Mind Institute, states this method could become the first line of treatment for those that are paralyzed.

Once this new technology is studied further and improvements are made, it could change the lives of thousands of people living with paralysis.

By White Collar Criminal Defense Attorney Glenn Ivey of Price Benowitz LLP

The individual charged with assisting the Archdiocese in Washington with the operation of 95 Catholic Schools was arrested in September on three counts of mail fraud.

The charges allege that the individual used fake businesses and fraudulent invoices to embezzle at least $45,000 from the Archdiocese. The Archdiocese believes that the individual took more than $45,000, but the statute of limitations prevented prosecutors from including additional amounts.

“The penalties for mail fraud are severe — up to 30 years in prison depending on the specific characteristics of the charges,” said Glenn Ivey, a Washington, D.C. White Collar Crime Attorney with the law firm of Price Benowitz, LLP.   “By using the United States Postal Service to conduct his operation, the individual charged here has exposed himself to federal criminal charges,” he said.

Anyone that attempts to obtain money or property through fraud, deception, or misrepresentation and uses the US Postal Service to carry out the attempt can be charged with mail fraud.

Although the maximum penalty for mail fraud is 30 years, it only applies to situations where the defrauded company is a financial institution. For all other situations, including the individual in this case, the maximum penalty is 20 years and/or a monetary fine.

If you have been charged with a white collar crime like mail fraud, it is incredibly important that you retain the services of an experienced Washington, D.C. white collar crime attorney. Your attorney will be able to communicate on your behalf with the prosecutors assigned to the case, and can work to try and have the charges dismissed.

If dismissal is not an option, your attorney will be able to advocate for a reduced sentence or plea bargain. Additionally, your attorney will be able to advise you regarding the possible fines and jail time associated with the amounts alleged to have been embezzled.

Do not attempt to navigate these charges or the court system on your own. The laws related to crimes such as mail fraud are complex, and care must be taken to ensure that your rights are protected at each stage. An experienced white collar crime attorney will be able to identify any potential pitfalls early on, and guide you through the process.

By Criminal Defense Attorney Thomas Soldan of Price Benowitz LLP

The Virginia legislature has taken the step of doubling the fines associated with distracted driving offenses when those offenses occur in highway work zones, from the standard $125 fine for a first offense to $250 for a first offense.

Distracted driving is illegal and dangerous, and is considered a “primary offense”, meaning that a police officer can stop you if they believe they see you texting.

“These laws are important to protecting the safety of highway workers as well as drivers,” said Thomas Soldan, a Virginia Traffic Lawyer. However, Virginia has not outright banned the use of mobile phones for voice calls in a vehicle, nor have they banned the use of phones for GPS or other online services.

This means that questions can arise about the action being taken by a driver when pulled over. Answering a call can look like texting, as can dialing a number or typing in an address on your phone’s GPS.

If you have been ticketed for distracted driving and believe that ticket was improper because you were completing some other allowed action on your phone, you should consult with a Virginia Traffic Attorney. Though distracted driving tickets do not carry heavy criminal penalties, they do carry fines that increase with each subsequent ticket.

That means that if you are incorrectly ticketed the first time but decline to challenge the matter, and then you are properly ticketed at a later date, you will end up paying double the fine on the second ticket when you should only be paying the fine for a first offense.

Additionally, if you were not guilty of distracted driving, there is no reason for your record to reflect being charged with such. The prosecutor is responsible for ensuring that all elements of the charge levied are met in order to be successful. Failing to assert your rights and challenge the ticket is essentially doing the prosecutor’s job for them.

It is never a good idea to allow your rights to go unenforced, even with something that may seem as trivial as a the fine associated with a ticket. Contact a Virginia Traffic Lawyer if you have been ticketed for distracted driving to see that your rights are protected.