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Court Orders Prompt Release of Immigrant Children from Family Detention

By  Michael Phillips |   | Posted in " Abogado, Attorney, Customs, Detention, DHS, Enforcement, Facility, Homeland, ICE, Immigration, Immigration Law, Latin, Lawyer, Security, Spanish, USCIS, Visa, Visas "

WASHINGTON, DC – The American Immigration Lawyers Association (AILA) and the American Immigration Council (Council) welcome a decision released Friday evening by U.S. District Judge Dolly Gee in Flores v. Lynch, No. 85-04544 (C.D.Ca.), which ruled that children should generally be released from detention within five days-preferably to a parent, including a parent with whom they were apprehended. The government must implement the Court’s ruling by October 23, 2015. “There is no denying that the government has breached the Flores settlement agreement. The status quo is unacceptable, and the government must take immediate and dramatic steps to end family detention,” said……

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5 Illusions of Online Rights and Privacy

By  Michael Phillips |   | Posted in " Amendment, Attorney, Career, Charlotte, Charlotte Lawyers, Companies, conviction, General Law, Job, Lawyer, Online, Privacy, Speech, Work "

This article is provided and authored by LegalShield, Many people believe all of their online communication is protected and private but in many cases this is not true. Your online communications may impact attorney confidentiality, be used against you in legal proceedings or lead to civil defamation suits. It is vital to protect yourself by understanding common misconceptions about online anonymity and the risks involved in posting information online. Contact your LegalShield provider law firm if you have any questions. I am completely anonymous online. Posting comments to online forums, news outlets or blogs may give you a false sense of anonymity and……

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Mandatory Detention: When Immigration and Customs Enforcement May Hold a Noncitizen Without Bond

By  Michael Phillips |   | Posted in " Attorney, Bond, Charlotte Lawyers, crime, Customs, Detention, DHS, Enforcement, ICE, Immigration, Immigration Law, Lawyer, Mandatory, USCIS "

With a crime on someone’s record, there’s a good chance that an arrest by immigration authorities will be followed by detention. When a noncitizen comes into the custody of Immigration and Customs Enforcement (ICE), one of the first things that the deportation officer will do is determine whether or not to grant a bond. A bond is money that you pay to the government allowing you to be released from custody and return to your home in the U.S. while you go through removal proceedings before an immigration judge. If you miss any of your scheduled court hearings, you will lose……

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Don’t Delay, Expunge Today

By  Mark Lawson |   | Posted in " conviction, crime, Criminal Law, criminal record, Driving under the influence, driving while impaired, DWI, dwi law, expunction, expunge, expungement, traffic, Traffic Law "

A recent change in North Carolina law has restricted who is eligible for expunctions of convictions older than 15 years. If you were convicted of DWI over 15 years ago, you have until December 1, 2015 to file your petition to have that conviction expunged from your criminal record. Any petitions for DWI expunctions filed after that date will not be granted, and any DWI convictions less than 15 years old will not be eligible for expunction. Recently the General Assembly has focused its efforts on punishing DWI offenders, so do not expect this change to be repealed anytime soon. Any……

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On the Road, On the Water, Don’t Drink & Drive

By  Mark Lawson |   | Posted in " alcohol, blood-alcohol content, boating, BWI, crime, Criminal Law, drinking, DWI "

According to The Charlotte Observer, the State Highway Patrol and Wildlife Resources Commission have announced their most recent crackdown on DWI and BWI (boating while impaired). The appropriately-named campaign is called “On the Road, On the Water, Don’t Drink & Drive.” As a note, the legal limit blood-alcohol content for boating in the State of North Carolina is 0.08 – the same as with driving a car. However, boaters, skiers and surfers – unlike drivers – are not deemed to consent to testing to a chemical analysis if charged with impaired operation (called “implied consent”) and that a refusal to be……

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Clothes the Gap

By  Mark Lawson |   | Posted in " attire, court, Criminal Law "

Somewhere along the way the general public lost its respect for our courts. As someone who spends part of practically every day in a courtroom somewhere in this state, I start to wonder: When and where did the message stop? Take step into a modern-day courthouse, and you may think you teleported to the local mall: tank tops, pajama pants, short shorts, sandals, sagging pants. It’s gotten so bad that I can immediately tell who the attorneys are in a courthouse. Summertime is fast approaching; though it feels like it has already arrived. However, that hasn’t caused attorneys, police officers,……

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Roll, Roll, Roll Your Coal

By  Mark Lawson |   | Posted in " crime, Criminal Law, emissions, pollution, traffic, Traffic Law "

One highly particularized automotive subculture for diesel pickup trucks has produced the phenomenon of “rolling coal” or “coal rolling.” For the uninitiated, diesel truck owners modify their on-board computers and exhaust systems to cause the vehicle to run an ultra-rich fuel-to-air mixture (i.e. feeding more diesel fuel into the engine than normal). The result is a thick belching of dark black smoke from the exhaust pipes – often directed at hybrid- and electric-powered cars. The State of New Jersey, through Gov. Chris Christie’s signature, has just enacted a ban on this exact modification of diesel trucks. This sounds like a win……

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NC DWI Laws Could Get Even Tougher

By  Mark Lawson |   | Posted in " conviction, crime, Criminal Law, driving while impaired, DWI, traffic, Traffic Law "

There’s no two ways around it: North Carolina is tough when it comes to punishing DWI offenders. Compared to many states, the consequences of being convicted of a DWI in NC can be downright draconian. Many states don’t require a year-long license suspension for a first-time DWI conviction, and ignition interlock devices aren’t necessarily required if you’re convicted of a high-BAC DWI elsewhere in the country. It seems like every legislative session the General Assembly takes punishing DWI offenders to newer and higher levels. Several bills currently in General Assembly have made it one step closer toward being new law. The……

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Expunction Junction: what’s its function?

By  Mark Lawson |   | Posted in " conviction, crime, Criminal Law, expunction, expungement "

In today’s job market, it really pays off to put forward the best representation of yourself when you apply for a new job. You wash your hair, brush your teeth, put on clean clothes, and polish your shoes. Why not clean your criminal record, too? Employers are invariably going to ask about your criminal history, and your answer can often make the difference of whether you get the job. Too often I encounter individuals who’ve had charges dropped but because the record of the arrest still appears on a background check, they find themselves rejected for job openings and promotions.……

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A Breathalyzer for Pot? Don’t Hold Your Breath

By  Mark Lawson |   | Posted in " Attorney, breathalyzer, Charlotte, Charlotte Lawyers, conviction, crime, Criminal Law, Driving under the influence, driving while impaired, DUI, DWI, Lawyer, marijuana, traffic, Traffic Law, traveling "

Many drivers this time of year tend to find themselves in trouble with the law for driving after having one too many drinks at the office Christmas party or at the family Christmas get-together. For those drivers pulled over for suspicion of Driving While Impaired, they will almost invariably be subjected to a preliminary breath test (PBT, or breathalyzer) before the officer ever handcuffs them. Though the actual results of the breathalyzer (beyond “positive” or “negative” for alcohol) are not admissible in North Carolina courts, the officer will use the results to determine whether he needs to arrest, further his……

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