Right now it appears that the new Alimony Bill maybe passed.  It was by the House and the Senate has it next week.  Some of the potential issues are: one that long term marriages will end at retirement age is defined by the Social Security Act.  Second, maximum alimony is 50% of the number of years of the marriage.  If it was 5 years or less, it is 50% of the number of months of the marriage. If it is 10 years or less, the greater than 5 years the maximum alimony is 60% of the number of months of that marriage.  A 15 year marriage is or less, but greater than 10 years, the maximum alimony term is 70% number of months of that marriage.  20 years or less, but greater than 15, the maximum alimony term is 80% of the number of months of that marriage.

            Some other issues are the second wife or husband’s income and assets are excluded.  Cohabitation suspends, reduces or terminates alimony.  Child support the gross income is excluded from alimony. Child support is limited, meaning that it would not generally exceed the recipients need or 35% of the difference between the parties gross incomes.  If someone has a second job or overtime, that generally is presumed to be not included in alimony.  Any pay in health insurance or life insurance it reduces alimony’s payments and alimony terms extensions are limited and require clear and convincing evidence.           Lastly, that alimony ends at the remarriage of the alimony recipient.  There are other pieces of the Bill as well, but those are the some of the more notable ones.

            I just had recently had a Clerk Magistrate’s hearing and it would be important for both adults and students to realize the potential consequences that if you knowingly transport someone with alcohol, even if you are not drinking or under the influence or holding onto the alcohol that there is a strong likelihood that you will get charged and potentially convicted. Even if someone is bringing friends, if they realize and have to have control over the alcohol aspect, if alcohol is in the front passenger seat and things like that.  Even if that the driver is not the user of the alcohol or bought the alcohol, they can be considered a minor transporting the alcohol issues and it is one that some juveniles and parents don’t fully understand the implications. 

            There is a potential for a loss of license on that and generally a fine beyond that, but it can also impact a young adult’s future with regards to not only a loss of a license, but also would potentially have to be given to colleges, scholarships or high school or things of that nature.  It is very important to figure out a head of time what the issues would be while driving friends and things like that and they need to be explained clearly the criminal liability that may occur.

            Right now I am in the middle of a very contentious guardianship case.  It is also dealing with an issue of Do not Resuscitate (“DNR”). One hand the family is arguing that the elder is a practicing catholic and has a viewpoint that she did not want a DNR and has told friends this.  She did not put anything in writing and there are other statements from other friends saying that she may have in fact wanted a DNR. There have been several court dates trying to make the decision because the elder is incapacitated at this time.

            What is in the elders’ best interest and the Judge’s hearing testimony regarding that.  It is a very difficult decision and if there is not a legal document it can end up tearing family and friends apart and making it very difficult on the elder incapacitated person while having some sympathy of documentation providing the answers to the courts and to the parties and it can make it much easier and much easier resolved.

That the court had reached a decision that a Defendant facing evidence against him or her has to be able to cross-examine a person and not just a piece of paper.  What has to happen is that the people that did the drug testing to confirm that the drugs were actually found to be drugs need to come in and be cross-examined rather than just relying on a certificate.  This is a very big deal because it gives Defendants the opportunity to ask questions and to find issues with how the testing was done and so forth; rather than just getting a certificate.  It can make a huge difference in a trial.

           I generally represent people in the criminal cases in State Court rather than federally. However, another attorney referred me to this case where a Moroccan gentleman who has full legal citizenship was being questioned by the FBI.  It entailed that he was absolutely innocent as to what had occurred, but there had been certain discrimination because he had bought a train ticket and because they thought he looked nervous.  The police at the train station had called the FBI.  The FBI ended up collaborating that the gentleman had done nothing wrong and that there had been no issues whatsoever; but it had been an example where; although there is a zealous desire to make sure that there are no further terrorists attacks and things like that where people become more suspicious of people that look different or people that are from other countries and it end up making false allegations; which can be very scary for the person that is being accused. 

           This case is one that we were able to resolve fairly easily.  The FBI Agents had no concerns about my client, but it could have easily had one where a couple of things could be looked at the wrong way and can certainly make someone be put on a watch list.

         Although I did not watch the trial or follow extensively as some people did, it appears that jury did make the right decision.  It did appear to be a lot of evidence that she probably committed the act of killing her child or at least manslaughter.  However, it appears from what I have read that there was very little actual evidence, there was a lot of circumstantial evidence, but to convict someone you need to have “Beyond a Reasonable Doubt”.  More of the good things about our society is the Constitution and the Due Process that is there.  The fact that “Beyond a Reasonable Doubt” means to a moral certainty and that there is a presumption of innocence and the very idea that as most people have heard that we should let guilty people tend guilty people go free for every one innocent person that is convicted.

         I think with the Casey Anthony trial shows, is though she appeared to be a liar and appeared to be a lot of evidence to show that she may or probably was involved with the death of her child, but that does not mean that jury based on the evidence that they heard in the court room would find Beyond a Reasonable Doubt that she committed the crime.  You could actually make an argument in the OJ Simpson trial both the civil and criminal trial that both jurors made the right decision.  Again, you can make the decision that there was a preponderance of evidence as there would be in a civil trial and even clear and convincing evidence that OJ Simpson murdered two people based on the civil issues.

          It is with any Taunton and near by residences might know a new court house has opened up in downtown Taunton.  It is on 40 Broadway Street. Right now it is fully open to Juvenile Court and District Court and cases are also being heard there and being moved from 120 Cohannet Street.  In the Probate Court, you can file your pleadings in the Probate Court and very soon they will have court rooms opened and being used right now and along with housing court.  The phone numbers have changed, it is in downtown Taunton, there is no parking available, its part of the courts, but there is meter parking and a both a garage before you get to the District Court and parking lots as well. 

          The new court house does have enhanced security, but as an attorney it is much easier and better place having the central location and having the needs of Bristol County; particularly the people who live in the Taunton area, Attleboro area and so forth.  My understanding is that the Attleboro Juvenile Court is going to have their Care & Protection cases heard in the Taunton Juvenile Court because of the upgrade in the facility.

            In a bankruptcy it can cancel your debt; however, you have the option to “Reaffirm” a debt. If you do so, then you are legally obligated to pay the debt despite the bankruptcy.  That means that if the debt is not cancelled by the bankruptcy, if you fall behind on the Reaffirm Debt you can get collection calls, be sued and possibly even have your pay attached or property tax taken. 

            Reaffirming Debt is an important matter to consider and you have to have a very good reason in order to do so.  It is always an option, and is not required by bankruptcy or other laws; and if a creditor tries to get you to Reaffirm a Debt you have the option of saying no.  You can also cancel any Reaffirmation Agreement for sixty (60) days after it is filed with the court; or at any time before you discharge an order. You have to notify the creditor in writing, but you don’t have to give a reason.  Once you cancel the creditor has to return any payments that you have made.  It has to be in writing, signed by your attorney before it is approved by a Judge and it has to be made before the bankruptcy is over.

            The legislation under Chapter 92 of the Acts of 2010 signed into law last spring.  There are some potential benefits and risks for children with disabilities.  It obligates schools to initiate an anti-bullying prevention and retaliation prevention measures and other issues. It is a question about how the schools are responding to these new procedures and recent points of bullying.  There is a question about under the regulations and it would so broadly interpreted stating that at any point that after the receipt of report of bulling or retaliation, the principal is supposed to notify the local law enforcement agency if the principal has a reasonable basis to believe that criminal charges may be pursued against the aggressor.  That really puts a question about the schools involvement with law enforcement and what the rolls are. 

In order to apply for a hardship license, you need to have documentation.  You must have a letter from your employer on letterhead.  This letter must explain your need for a license to get to work.  You need to bring original documents, not copies.  The letter can not be more than 30 days old. 

It generally takes, 3-4 business days after the case is resolved because of the court's notice to the registry.  You also need to prove that you do not have access to public transportation. You can NOT get your hardship license while your case is pending. 

It is harder and harder to get a hardship license today and having an expereinced attorney will help you.