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legal blaster

Child Support Law

Posted on April 12, 2019 in Uncategorized

Child support laws have a number of orders and rights for the parent in order to have legal obligation, so that they can have support for their children. The obligation for any child under support act continues from minor to the age of 18-19. All the liabilities and responsibilities of child as well as his/her requirements like food, education, shelter, clothes etc are usually divided between both the parents by the court under these laws. Thus, in case of family division either by divorce or separation, the child who is innocent and dependent on the parents due to his/her mental and physical disability or under growth have full support of the county law and order. Among various programs that are running all over the world, the Oakland county child support law is one.

This law is mainly prescribed by the Supreme Court of the county. So, the amount of obligation for child support can be determined through available guidelines as per the government and Supreme Court statements. These guidelines are provided only after recognizing the duty of the parents equally so that the appropriate and perfect judgment can be made as per the proportion of respective income of each parent. However, order by the court may have varied amount from prescribed guidelines. This type of change would only be possible if court finds necessity of such adjustment, so that justice can be made in support of child as well as the parents.

The Oakland county child support law also has order for the medical support of child. If the parents have any health insurance or benefit plan for health then it would be considered as reasonable for the child medical support and health.

Under this law, the payments can be sent to the court office or to the human services department collection center by the parents. So, the direct payment to other custodial parent is prohibited in order to avoid any confusion. So, the parents can see the right location for sending their child support payment in their child support orders. Parents can clear their doubts from the clerk of court office.

Child support is flexible and can have modification in its child support orders in future. If any substantial changes of circumstances of either parent occur then court may modify its order subsequently. The changes like: any change in earning capacity, change in employment, change in resource and income of non-custodial parent. In addition, changes can also be made if child has any new educational requirement or there is any change in his/her habits and health. Court also take action against any disobeying of the court orders and consider it as contempt of court by the responsible party.

Oakland county child support law also has lots of the measures to enforce the compliance with child support orders, including garnishment, withholding, contempt of the court and liens.

Nevada Drug Possession, Sale and Trafficking Laws

Posted on April 9, 2019 in Uncategorized

The impact for a drug conviction can be severe for misdemeanor and felony offenses in Nevada. With the widespread use of background checks, a conviction can shut many doors for future employment opportunities. Certain fields may be especially thorough with background checks and will disqualify individuals with drug convictions. This includes many healthcare fields, law enforcement agencies, and other government bodies. Given what is at stake, it is important to understand the Nevada drug laws, even if you are being represented by a defense attorney.

Currently, Nevada laws severely punish individuals arrested for possession, manufacturing, cultivation and trafficking of illegal drugs. Commonly used drugs in this list include cocaine, heroin, opium, LSD, ecstasy and a variety of other narcotics. Chapter 453 of the Nevada Controlled Substances Act defines the schedule of drugs, offenses and penalties in the state. Some of the defined offenses are:

  • NRS 453.316 – Maintaining a place for unlawful sale, gift or use of a controlled substance
  • NRS 453.321 – Offer, attempt, or commission of unauthorized acts relating to controlled substances
  • NRS 453.322 – Offer, attempt, or commission of manufacturing or compounding of controlled substances
  • NRS 453.331 – Distribution of controlled substances, use of unauthorized registration number and possession of signed blank prescription forms
  • NRS 453.333 – Second or subsequence offense for selling a controlled substance to a minor
  • NRS 453.336 – Unlawful possession not for purpose of sale
  • NRS 453.337 – Unlawful possession for sale of flunitrazepam (Rohypnol), gamma-hydroxybutyrate (GHB) and schedule I or II substances
  • NRS 453.338 – Unlawful possession for sale of schedule III, IV, or V substances
  • NRS 453.3385 – Trafficking in controlled substances Trafficking in controlled substances: Rohypnol, GHB, and schedule I substances (not including marijuana)
  • NRS 453.339 – Marijuana trafficking

Penalties for drug crimes in Nevada can vary, depending on the specific criminal offense, circumstances of the arrest, amount of illegal drugs involved, previous criminal history of the alleged offender, and strength of the defense or prosecution’s case. Under Nevada’s Controlled Substances act, the most common offenses may be punished as follows:

Drug Possession, Not For Sale

  • Class E Felony (1st or 2nd offense,schedule I, II, III, or IV) – 1 to 4 years in state prison or probation and/or up to $5,000 in fines
  • Class D Felony (3rd or subsequent offense, schedule I, II, III, or IV) – between 1 and 4 years in state prison and/or up to $5,000 in fines
  • Class E Felony (1st offense, schedule V) – between 1 and 4 years in prison or probation and/or fines up to $5,000
  • Class D Felony (2nd or subsequent offense, schedule V) – 1 to 4 years in Nevada state prison and/or up to $5,000 in fines

Unlawful Possession of Schedule I or II Drugs, Rohypnol, or GHB

  • 1st offense, category D felony – 1 to 4 years in state prison and/or up to $5,000 in fines
  • 2nd offense, category C felony – between 1 and 4 non-probational years in Nevada state prison and/or up to $10,000 of fines
  • 3rd or subsequent offense, category B felony – punishable by 3 to 15 non-probational years in state prison and/or a fine of up to $20,000 for each offense

Unlawful Possession for Sale of Schedule III, IV, or V Drugs

  • 1st and second offense, category D felony – punishable by 1 to 4 non-probational years in state prison and/or up to $10,000 in fines
  • 3rd or subsequent offense, category C felony – can be punished by 1 to 5 non-probational years in Nevada state prison and/or up to $10,000 in fines

Drug Trafficking (Schedule I)

  • Category B Felony (between 4 and 14 grams) – Punishable by 1 to 6 non-probational (mandatory prison) years in Nevada State Prison and/or up to $50,000 in fines
  • Category B Felony (between 14 and 28 grams) – Punishable by 2 to 15 non-probational (mandatory prison) years in Nevada State Prison and/or up to $100,000 in fines
  • Category A Felony (28 grams or more) – Punishable by 25 non-probational (mandatory prison) years to life and a fine of up to $500,000

However, Nevada has surprisingly moved to a certain level of acceptance regarding marijuana, along with many other states in the country. Nevada decriminalized the use of medical marijuana in 2001 when 65% of the state’s voters moved to amend the state’s constitution to recognize its legitimate use in a medical capacity. However, to remain in compliance with the state law, medical marijuana users must have documented permission from a physician.

Once registered with the Nevada Department of Health and Human Services: State Health Division, the individual can use, possess and grow marijuana to a certain extent (up to 1 ounce possession and up to 7 plants cultivated, only 3 of which can be mature). Note that Nevada has not decriminalized the use of marijuana for the general population like other states such as California, Connecticut and Mississippi have.

Currently there are several legal battles going on regarding the medical marijuana laws and how people can obtain medical marijuana. As the law stands today a person must produce their own medical marijuana to legally obtain medical marijuana. A person cannot get it from a centralized location like a dispensary. Additionally, even though the State of Nevada has approved the use of medical marijuana, the Federal government has not, and is starting to invoke Federal Law against those people using and growing medical marijuana. Be aware that even though you might be following State laws you can be arrested and convicted for violating Federal laws.

Possession of marijuana by non-approved medical users is still a serious criminal offense. Under Nevada’s Controlled Substances Act, possession of non-medical marijuana offense can result in the following punishments:

Possession of 1 Ounce or Less of Marijuana

  • 1st offense, misdemeanor – Fine up to $600 or drug abuse treatment examination
  • 2nd offense, misdemeanor – Fine up to $1000 or drug treatment/rehabilitation program
  • 3rd offense, gross misdemeanor – Up to 1 year in county jail and/or up to $2000 in fines
  • 4th or subsequent offense, category E felony – between 1 and 4 years in state prison or probation and/or a fine up to $5,000

It’s important to remember that an arrest for a drug-related crime does not necessarily mean a conviction will follow, regardless if the individual was charged with a misdemeanor or felony offense. If you have a defense attorney experienced in Nevada drug cases, he or she can use many of the details surrounding the case to your benefit. This can include improper search and investigation procedure, lack of probable cause to make a stop (in cases of vehicular arrests), constitutional right violations, competency of witnesses, and other miscellaneous facts.

Pleading guilty to a drug crime does not necessarily mean the defendant will receive a lighter sentence. Many individuals facing this situation also find it beneficial to retain an attorney from the moment of arrest, regardless of their state of innocence. Prosecution and law enforcement officials do not have the best interests of the accused in mind and details may be overlooked in their pursuit of justice. It is in your best interest to consult with a Nevada defense attorney about your legal options.

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Jail and Prison Ministry – Facets Open for Volunteer Service

Posted on April 5, 2019 in Uncategorized

There are many facets open for volunteer service in prison ministry. A quick inventory of your interests, concerns, and spiritual gifts will help to determine how you can best serve.

o With the prisoner.

1. Go to the Prisoner: Visitation. One on one contact with prisoners opens the door for the life-changing message of Christ.

2. Chapel Services and Sunday Worship Services provide ministry team opportunities.

3. Bible studies, evangelism and discipleship training provide opportunities for teaching and mentoring.

4. Through Correspondence

Pen Pals and Correspondence Bible Studies

o Prisoners are usually separated by age and sex

1. Youth Offenders (Juvenile)

Delinquents are thought of as children who have gone astray and need gentle correction to get them back on tract to becoming productive adult citizens.

Youthful offenders may be criminals but they still posses that spark of innocence that through the gospel can be molded into the image of God.

2. Women Offenders
Approximately one fourth of the women entering prison are pregnant or have recently given birth. One of the main priorities in the rehabilitation of women inmates is to help them overcome the effects of their battered pasts. Develop ministries for battered wives.

3. Men Offenders

The largest group of inmates populating our prisons today is adult men. Offences may vary from drug related arrests, misdemeanors, violent crimes and other felonies. The prisoner may be a first offender or a hardened criminal.

The greatest challenge for the prison volunteer who works in the federal prison system is to help the inmate discover hope in a situation where a person will grow old and die behind bars.

Gospel ministry behind prison walls provides an opportunity for communicating the message of Christ and hope to the inmate. It is usually best to try to minister to those of your own gender, women with women and youth and men with men and youth.

o With the family of prisoners. (Spouse, Children, Parents).

The majority of inmates who fail when they return to the street and re-enter a life of crime are those who lack family support. Speak up for the accused (in court etc). Establish a prayer ministry for the inmate and the families of offenders and ex-offenders.

o Become involved in After Care Programs. (Half way houses for ex-offenders and those on parole). You may feel led to work in one of the many aftercare ministries for ex offenders.

Local, state and federal facilities have many excellent programs designed to heal the physical and emotional hurts of family members. The church or you as a mentor can come alongside the released prisoner to help them overcome the many obstacles they face. In order to be more effective in ministering to the prison community we should expand our understanding of the correctional process.

o Prison Reform. The Criminal Justice System is a victim of misconceived ideals and shortsighted policies. Possibly the greatest hazard to people working with criminals is rapid burnout of enthusiasm, commitment, and interest. Become an advocate for change.

1. Goals for prison reform (vs. new prisons)

Explore Alternatives to incarceration

Break the cycle of incarceration

Reduce racial disparity

Identify behaviors being defined as criminal

2. Help released prisoners overcome:

Barriers to employment

Barriers to housing

Family reunification

Treatment for substance abuse

Treatment for mental illness and other medical problems

o The history of prisons in the United States reflects change and frequent paradigm shifts. Public opinion is a strong element in our country’s approach to corrections. Current budget limitations are creating a hard and serious look at the consequences of recent legislation.

o Restorative Justice.

Look into programs designed to address the concerns and rights of the victims of crime. (Note: local need for help in the district attorney’s office).

o Promote Alternatives to Incarceration:

Half way houses

Community Service Crews

Day Reporting Centers

Home Confinement

Work Camps

o Community Awareness. Spread the Vision for Prison Ministry.
(Through the church and other agencies).

o Drug Education. Drugs deaden the criminal’s consciences, give them courage, and help them avoid worry about the consequences of their crimes. Drug education programs provide help to youth and adults. Their emphasis is on avoiding enslavement to drugs and in recovering from the bondage of addiction. Offer plans for proactive prevention and positive restoration.

o Giving (Financially to support Prison ministries, and give of your time in service and in developing relationships).

The Criminal Justice System

In order to be more effective in ministering to the prison community we should expand our understanding of the correctional process. The Criminal Justice System operates at three levels:

Federal, State, and local: The system is made up of three divisions: law enforcement, courts, and corrections.

The process of the Criminal Justice System includes: arrest, booking, arraignment, and a preliminary hearing.

In large population areas you may find several classifications of correctional facilities.

o City jail.

o County jails.

o Juvenile facilities.

o State Prisons.

o Federal Prisons.

Each of these facilities is operated by different government agencies and serves a different and unique roll in the field of corrections.

o Security

The warden’s greatest worry is that volunteers will compromise security. For this reason it is important that we have an understanding of the laws and policies relating to association with inmates. Each facility will have policies that volunteer staff will be expected to follow. These suggestions will help you meet these expectations:

1. Do not give anything to an inmate and do not take anything from an inmate.

2. Learn to say “No”.

3. Dress and conduct yourself in an appropriate manner.

4. Obey the instructions and orders given by the staff. The correctional staff is often suspicious of volunteers. They may see you as a “do-gooder”. Many correctional institutions have seen a history of on again, off again religious programs. Be ready to ask informational questions.

5. For scheduled Chapel Services or Bible Classes, arrive early, start and end on time.

6. Be patient and courteous.

7. Do not give personal information to the inmates.

8. Avoid personal contact with inmate’s families unless given permission to do so by the staff.

9. Do not take anything into the institution that you do not need.

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