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Will a Misdemeanor Conviction Affect My Immigration Status?

Immigration is a complicated and nuanced area of the law. Many different factors can have a significant impact on a person's immigration status. Possibly the most feared factors are criminal convictions. A criminal conviction can result in deportation and other consequences when it comes to a person's immigration status. Fortunately, not all criminal convictions will have a significant impact on a person's immigration status. But, whether or not a person is convicted of a misdemeanor or a felony is actually less significant when it comes to immigration status than the type of crime a person is convicted of. Serious Crimes and Aggravated Felonies Generally, serious crimes, like murder, drug trafficking, human trafficking, conspiracy, and others, will be grounds for deportation. However, starting in 1988, congress created a list of "aggravated felonies" which also can be grounds for deportation, and has expanded that list over time. It is worth noting that the list of aggravated felonies includes many crimes that are typically only charged as misdemeanors. The list initially only included serious offenses that one might expect to be grounds for deportation, but is continually being amended to include more minor violations, such as: Simple battery Theft Filing a fraudulent tax return Failure to appear in court In addition to the above crimes, any crime that is considered a crime of moral turpitude can also have grave impacts on a person's immigration status. Crimes of Moral Turpitude Crimes of moral turpitude generally include acts that infer a person has breached another person's or the public's trust. These can include both felonies and misdemeanors. While crimes like fraud, embezzlement, perjury, child abuse, and tax evasion are easy to understand as crimes where trust has been broken, small crimes like petty theft or shoplifting, which are typically misdemeanors, can also be considered as such. If a non-citizen is convicted of a crime of moral turpitude, or an aggravated felony, they may not only be deported, but they may be ineligible to return to U.S. forever. Therefore, it is incredibly important for any non-citizen facing criminal charges to not only consult a criminal attorney and inform them of their immigration status, but to also consult an experienced immigration attorney, especially before agreeing to any plea bargain. Related Resources: Find Immigration Lawyers Near You (FindLaw's Lawyer Directory) How to Fight Wrongful Deportation (FindLaw's Law and Daily Life) Can ICE Agents Make Arrests at Courthouses? (FindLaw's Law and Daily Life) Can This New Chatbot Solve Refugee Legal Issues? (FindLaw's Law and Daily Life)
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Fair Housing Act Protects LGBT Couples

The Fair Housing Act, passed as part of the Civil Rights Act of 1968, protects renters and home buyers from a variety of discrimination based on everything from sex, race, and national origin to religion, marriage status, and pregnancy. But until Wednesday of this week, no court had extended those protections to include lesbian, gay, or transgender people. That all changed when a federal court in Denver ruled that sex discrimination under the Fair Housing Act includes discrimination based on gender and sexual orientation, including discrimination motivated by outdated stereotypes about how men and women should act and with whom they should romantically partner. Judicial Protection Rachel Smith, a transgender woman, and her wife Tonya Smith attempted to rent a townhouse for themselves and their two children in Boulder, Colorado, but were denied, according to their lawsuit, because the landlord did not approve of their "unique relationship." In a ruling their lawyer believes is the first of its kind, the court found that LGBT renters are protected from such discrimination under federal law. "This is the first case under the Fair Housing Act dealing with gender identity where there's been liability found for discrimination based on stereotypes," Omar Gonzalez-Pagan told the Washington Post. "It demonstrates the importance of bringing these cases. Housing discrimination is a significant unreported problem" for LGBT people. Judicial Reasoning The district court's ruling mirrored one issued a day earlier by the U.S. 7th Circuit Court of Appeals in Chicago. There, the court ruled that Title VII of the Civil Rights Act prohibits employment discrimination based on sexual orientation. Both courts found that sexual stereotyping is a form of sex discrimination, and therefore illegal under federal statutes that bar discrimination based on "sex." In doing so, the courts relied on a 1989 Supreme Court case holding that male partners and managers discriminated against a female employee when they said she needed to "walk more femininely, talk more femininely, dress more femininely, wear make-up, have her hair styled, and wear jewelry" in order to advance. In the Smith's case, U.S. District Judge Raymond P. Moore wrote, "Such stereotypical norms are no different from other stereotypes associated with women, such as the way she should dress or act (e.g., that a woman should not be overly aggressive, or should not act macho), and are products of sex stereotyping." Such sexual stereotyping is illegal under federal law, and therefore the landlord's refusal to rent to the Smith's based on their relationship violated the Fair Housing Act. Related Resources: Find Landlord-Tenant Lawyers Near You (FindLaw's Lawyer Directory) Can Landlords Discriminate Against Unmarried Couples? (FindLaw's Law and Daily Life) Housing Discrimination for LGBT Couples (FindLaw's Learn About the Law) Understanding Your Rights: Housing Discrimination (FindLaw's Learn About the Law)
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3 Legal Tips on How to Handle Digital Assets in a Prenuptial Agreement

Living in the 21st century digital world is nearly inescapable at this point. Digital assets abound and can include some unexpected items that may actually possess some unexpected value. Don't believe it? A digital trading card of Hans Solo, that was recently released, goes for $225. Digital assets can include items that have real, transferable monetary values, like online bitcoin accounts, or simply items that have high sentimental value, such as collections of family photos. Regardless of how an item is valued, during a divorce, both tangible and digital assets must be divided, but some digital assets may prove more challenging to divide. As such, including digital assets in a prenuptial agreement is becoming increasingly advisable. Below you'll find three legal tips on how to include digital assets in a prenup. 1. Agree to Maintain Separate Accounts For things like iTunes accounts, digital music, movies, games, and apps, you may just want to agree to maintain separate accounts that will remain separate property, or will be appraised, valued, and offset upon divorce. As opposed to sharing one account, maintaining separate accounts might require a double purchase of an app or game that both you and your spouse want to use. This downside occurs most often with entertainment-related digital assets because these usually only provide purchasers with a single user license, meaning that a game, app, or digital download can only be used by one account. Note that some digital game assets and collections may be transferable and can be valued at thousands of dollars (i.e. the Hans Solo digital trading card mentioned above). As such, you may wish to put a dollar threshold on the value of separate digital accounts. 2. Appraise and Clearly Identify Separate Digital Property Any couple considering a prenup these days likely already has a collection of digital assets, such as their iTunes music library. Most states will consider property acquired prior to marriage as separate property. However, over time, if separate property appreciates in value during the course of a marriage, it could become partly marital or community property. The same is true for digital assets, and can include assets such as social media accounts, particularly if they are related to a business or occupation, or even websites, such as blogs or online businesses. In a prenup, it can be helpful to identify all separate digital assets, and agree that certain ones, like those relating to only one spouse's business, remain separate property. Appraising prior to a prenup can be helpful to ensure that spouses are fully aware of the value, and can track the increase or loss in value for purposes of offsetting property division. 3. Agree to Copy What You Can Digital assets often include items that can be copied freely, such as photos, home movies, and even music. For digital items that can be copied for free, such as iTunes music without DRM protection, it can be agreed to that these will be copied and shared. However, for digital photos, you may want to include a provision prohibiting the sale of photos, as technically the copyright is held by the person who takes the photo, and likeness rights vary from state to state. Related Resources: Need help with family law? A lawyer can review your case for free. (Consumer Injury - Family) Pros and Cons: Premarital Agreements ("Prenuptials") (FindLaw's Learn About the Law) What Can and Cannot be Included in Prenuptial Agreements (FindLaw's Learn About the Law) Digital Estate Planning: How to Prepare Digital Accounts for the End of Life (FindLaw's Law and Daily Life) Death and Digital Privacy: Please Delete My Browser History, Bro (FindLaw's Common Law)
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Federal Court: Civil Rights Act Protects Gay, Lesbian Workers From Discrimination

Title VII of the Civil Rights Act prohibits discrimination against employees based on race, color, religion, sex, or national origin. Because it was enacted in 1964, many have wondered whether gay and lesbian workers were also protected under the law. The Seventh Circuit Court of Appeals answered that question this week, ruling that Title VII protects employees from discrimination on the basis of sexual orientation. The court reasoned that the statute's ban on sex discrimination also prohibited sexual orientation discrimination because, among other reasons, the discrimination is based on outdated gender stereotypes. Here's a look: Stereotypical Discrimination The plaintiff in the case, Kimberly Hively, contends that she was passed over for full-time employment at Ivy Tech Community College because she is lesbian. Her central claim, as it pertains to Title VII, is that this discrimination was based on her sex or gender -- that, had she been a man, she would not have been discriminated against for being sexually attracted to women. And the majority found it persuasive: Viewed through the lens of the gender non-conformity line of cases, Hively represents the ultimate case of failure to conform to the female stereotype (at least as understood in a place such as modern America, which views heterosexuality as the norm and other forms of sexuality as exceptional): she is not heterosexual ... Hively's claim is no different from the claims brought by women who were rejected for jobs in traditionally male workplaces, such as fire departments, construction, and policing. The employers in those cases were policing the boundaries of what jobs or behaviors they found acceptable for a woman (or in some cases, for a man). Essentially, Hivey was still discriminated against based on her sex in that she did not conform to stereotypes about female sexual orientation. A Definitive Decision? The court's decision is groundbreaking. Until now, the majority of courts interpreting Title VII have held that it did not cover discrimination based solely on sexual orientation. While the Second Circuit found that sexual-orientation discrimination wasn't explicitly prohibited by Title VII, it recently found that gay workers who were subject to gender stereotyping still had the right bring sex discrimination claims. The Supreme Court has yet to decide the issue, but may need to soon, giving the disagreement between circuits. For now, the Seventh Circuit's ruling applies only to its own jurisdiction: Illinois, Indiana, and Wisconsin. Related Resources: Find Employment Lawyers Near You (FindLaw's Lawyer Directory) Seventh Circuit Holds That Title VII Forbids Anti-Gay Job Discrimination (The Washington Post) LGBT Worker Protections Missing in Mississippi and Most States (FindLaw's Law and Daily Life) 5 Signs of Employment Discrimination (FindLaw's Law and Daily Life)
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Can the IRS Open a Safe Deposit Box?

Safe deposit boxes can provide individuals with confidence that important documents and valuable or prized possessions will be kept safe from loss, accidental destruction, and theft. However, courts do have the authority to issue an order requiring a bank to freeze, or open, a person’s safe deposit box. When it comes to collecting delinquent unpaid taxes, the IRS has quite a bit of leeway, but cannot act to seize assets without court approval, or other particular circumstances being met. In addition to freezing accounts, levying accounts, garnishing wages, and seizing assets, the IRS can get a court order to freeze and seize or force a sale of the contents of a safe deposit box to satisfy a tax debt or penalty. Nothing Is Safe From the IRS When it comes to collecting taxes, the law tends to favor the IRS, and provide them with mechanisms to force tax delinquents to pay. Not much is safe from the taxman. However, when a court order is issued to open or seize the contents of a safe deposit box, the order must specify exactly what is to be seized. If cash is stored in the safe deposit box, this can be seized directly. If valuable items are being stored, their value may be assessed, and strategically sold off to satisfy the debt. How Safe Is Your Safe Deposit Box? Unlike normal deposit, checking or savings accounts at a bank, safe deposit boxes are not FDIC insured (though you can purchase private insurance). Typically, a bank will not be able to open a safe deposit box without the consent of the customer, or a court order and a locksmith. Most safe deposit boxes are locked by two keys, one of which is kept by the bank, while the other is kept by the customer only. However, if a customer defaults on their safe deposit box rental agreement, a bank may be able to open the box and force a sale of the contents in order to recoup their losses. When this occurs, banks are expected to attempt to contact the box holder before the sale in order to notify them of a pending forced sale to give them an opportunity to pay the outstanding debts. After a sale occurs, banks are again required to attempt to contact the box holder to give them any proceeds from the sale that are in excess of the outstanding debts. Related Resources: Need help with your taxes? Get your tax issue reviewed by an attorney for free. (Consumer Injury) Safe Deposit Tips: What Goes in Safe Deposit and What Does Not (FindLaw’s Law and Daily Life) Top 10 Tax Law Questions (FindLaw’s Law and Daily Life) Top 6 Tips for Filing Taxes After Divorce (FindLaw’s Law and Daily Life)
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Top Legal Questions About the President’s Power

There were certainly questions about presidential power during Barack Obama's presidency, especially when it came to Obamacare and his executive actions on gun control. But those questions have reached a fever pitch under President Donald Trump, as he has attempted to remake the presidency in his own image. So what are the limits on the president's power, if any? 1. Can President Trump Change the Constitution? As a candidate, Trump proposed quite a few constitutional amendments. Now that he's president, can he make them happen? Even though a president can't unilaterally change the text of the Constitution, he can direct executive agencies in their interpretation and enforcement of its provisions. 2. What Power Does the President Have Over Deportation Policy? There are reports of immigration officials pulling undocumented persons out of hospitals. Is this a new practice? And how much impact can President Trump have on choosing who to deport and why? 3. Can the President Really Curb Speech of Federal Agencies? Trump's White House issued directives to several federal agencies, looking to limit public statements and social media posts regarding matters that the previous administration supported. But do those orders violate federal employees' First Amendment rights? 4. Ethics Rules for White House Employees There are strict ethics rules regulating what government officials should do when they have a personal financial interest in a certain business or industry, generally requiring the official to disclose their interest and recuse themselves from work where there could be a conflict of interest. But the Trump administration appears to be playing fast and loose with those rules. 5. Can Trump Cancel the Iran Deal? Previous President Barack Obama's administration brokered a historic nuclear agreement with Iran in 2015, an accord current President Donald Trump has called "the stupidest deal of all time." Does that mean the current administration can back out of the deal? Related Resources: Find Civil Rights Lawyers Near You (FindLaw's Lawyer Directory) Trump's First Week as President (FindLaw's Law and Daily Life) Do Restrictions on Protests Violate the Constitution? (FindLaw's Law and Daily Life) Trump's New Travel Ban Blocked Like the Old Travel Ban (FindLaw's Law and Daily Life)
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Can a Child Decide to Live With the Noncustodial Parent?

Child custody disputes and court cases can be fraught with emotions. When one parent is granted physical custody by the court, or via an agreement, children sometimes express their desire to live with their other parent. Despite the obvious emotional challenge to the current custodial parent, there are a few potential legal obstacles that must be overcome. Depending on several factors, and your state’s laws, a child’s opinion may or may not matter when it comes to where they want to live. Typically, in addition to the noncustodial parent’s willingness to take on physical custody, the age and maturity level of a child will be taken into consideration.Apart from these initial considerations, a court will base the decision on what is in the best interest of the child. However, if there is no child custody agreement, nor child custody court order, depending on your state laws, so long as the parents are in agreement, a child can live with whichever parent they choose without the court’s interference. A Child’s Wishes Although children may be able to clearly state their desire to live with the noncustodial parent, courts generally will give this little weight unless the child appears to be mature enough to make the decision. In some states, all custody determinations require a court to conduct a best interests analysis. As such, a child’s desire may not convince the court that a change in custody will serve the child’s best interests. Courts frequently must be attuned to a teen that is just trying to live with the more lenient, “cool” parent. One issue courts are frequently tasked with identifying, particularly when younger children express a desire to live with the noncustodial parent, is custodial interference. Unfortunately, it is not too uncommon for a noncustodial parent to attempt to convince their child during visitation that the child should say they want to live with them.While there may be a tiny ethical grey area here, if a noncustodial parent provides any sort of incentive, it will likely run afoul of the laws that protect against custodial interference. Related Resources: Facing a custody dispute? Get a free case review now. (Consumer Injury - Family) How Child Custody Decisions Are Made (FindLaw’s Learn About the Law) Can You Get Emancipated From Only One Parent? (FindLaw’s Law and Daily Life) Child Custody Over the Summer: Dos and Don’ts (FindLaw’s Law and Daily Life)
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Worst Legal Mistakes Parents Can Make in Divorce

Divorce can be hard on anyone. And when you add children into the equation, the process can only get more emotionally and legally challenging. Dealing with custody, support, and yes, even tax issues on top of an already difficult divorce can lead even the best parents to make some bad decisions. Here are a few of the worst legal decisions you can make during a divorce and how to avoid them. 1. Not Respecting Child Custody Decisions and Guidelines You may not trust your ex or the courts to do the right thing, but, unfortunately, you must respect any legal rulings regarding child custody and your former spouse's parental rights. Failure to do so may amount to parental kidnapping, and could mean losing what visitation can custody rights you do have. (And, just as importantly, make sure you pay child support if the court orders it.) 2. Not Following Marital Property Decisions How your property gets divided in the divorce will often come down to where you live and the circumstances of ownership before, during, and after the divorce. You may not lose exactly half of everything you own, but be prepared for a split that will generally try to leave both parents equally well off. Things can get tricky regard the home and the family car, but divorcing parents are usually allowed to construct a fair property split agreement on their own. 3. Dragging Your Ex on Social Media No, that's not a misprint -- "dragging" in this sense means disrespecting someone online. And what happens on social media tends to stay on social media, forever. Meaning that the mean things you post about your former spouse or soon-to-be ex on Facebook, Twitter, and wherever else online will be visible to everyone from your kids to the court. So follow some simple rules for social media use during a divorce and keep those arguments offline and IRL. 4. Not Clearing Up Who Gets to Claim Children Come Tax Time The easy part: Only one parent can claim a child as a dependent on their taxes. Now comes the hard part: which of you will do it? And what if you have multiple children? If this sounds like a simple or inconsequential question, think again. The IRS takes dependency claims seriously and will punish parents for doing it wrong. 5. Not Hiring a Lawyer The legal ins and outs of divorce are always complex, and getting divorced with children will only make it more complicated. Make sure you find a divorce lawyer that you trust to protect your parental and legal rights. Related Resources: Dealing with a divorce? Get your case reviewed for free now. (Consumer Injury - Family) Top 5 Parenting Tips During Divorce (FindLaw's Law and Daily Life) 10 Common Divorce Mistakes to Avoid (FindLaw's Law and Daily Life) Top 5 Marital Property Questions During a Divorce (FindLaw's Law and Daily Life)
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So You Married a Criminal? 3 Legal Tips

While accidentally marrying a criminal sounds more like the subject of TV drama (or comedy) than a real life occurrence, it does happen in real life. Unfortunately, even when a person marries a criminal on accident, there could be real life consequences. Most often, legal consequences for uninvolved spouses stem from organized, or white-collar, criminal activities. For instance, spouses that agree to put things in their names, or sign checks, or take other relatively passive roles, can find themselves looking at actual jail time. Alternatively, spouses that merely reap the financial benefits, completely passively, without being involved at all, can usually expect to minimally have those benefits seized and forfeited. Here are three legal tips on what to do if you accidentally marry a criminal: 1. Annulment May Be Possible If you were tricked into the marriage, you may be able to qualify for an annulment based upon fraud. Unlike a divorce, an annulment will dissolve a marriage and treat it like it never happened. There may be some complicated issues when it comes to separating joint property, but it could potentially protect an innocent spouse from liability. State laws differ about how and when a person will qualify for an annulment, but generally state laws require a showing that the innocent spouse materially relied on a significant misrepresentation in agreeing to marry. If an annulment isn't possible, divorce or legal separation can be pursued. 2. Consult and Retain an Independent Attorney So long as you are not actively involved in the criminal enterprise, you can consult with an attorney on how to keep on the right side of the law. Depending on your situation, this may involve legal separation, divorce, annulment, or maybe not. If you get involved with the criminal enterprise, an attorney will not be able to assist you in continuing to break the law, but may be able to help keep you out of trouble if you are arrested. It is also important to retain your own attorney, rather than rely on joint representation, particularly for a spouse that is not actively engaged. 3. Maintain Separate Accounts Maintaining sufficient separation of financial accounts may not be possible if the criminal enterprise is the sole source of income. However, if there are premarital assets, or you earn legitimate income, these should be maintained separately and diligently tracked. In the event that a criminal prosecution occurs against the criminal spouse, depending on the jurisdiction, being able to trace separate legitimate income may be what prevents it from being seized by the authorities. Related Resources: Find Family Law Attorneys Near You (FindLaw's Lawyer Directory) 5 Potential Ways to Get an Annulment (FindLaw's Law and Daily Life) What Is the Spousal or Marital Privilege? (FindLaw Blotter) How Marriage Annulments Differ from Divorces and the Grounds for Obtaining a Marriage Annulment (FindLaw's Learn About the Law)
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Georgia Judge Who Blocked Transgender Name Changes Overruled by Appeals Court

When Rebecca Elizabeth Feldhaus and Delphine Renee Baumert attempted to legally change their names -- to Rowan Elijah Feldhaus and Andrew Norman Baumert, respectively -- they were told by a Georgia judge that their choices weren't gender-neutral enough to suit his taste. "I do not approve of changing names from male to female -- male names to obvious female names, and vice versa," Columbia County Superior Court Judge J. David Roper, said in denying Feldhaus's request. "I think it is misleading to the public and think that it is dangerous in some circumstances for one -- for the public not to know whether they're dealing with a male or a female." But an appeals court has ruled that Judge Roper abused his discretion in denying the name change petitions, and ordered that the changes be granted. Names You Can Live With Both Feldhaus and Baumert were born female but identify as male. Under Georgia law, if a person follows the proper procedure to petition for a name change, "there is nothing in the law prohibiting a person from taking or assuming another name, so long as he does not assume a name for the purpose of defrauding other persons through a mistake of identity." And in rejecting Feldhaus and Baumert's petitions, he wrote that "[n]ame changes which allow a person to assume the role of a person of the opposite sex are, in effect, a type of fraud on the general public," and that "third parties should not have to contend with the quandary, predicament, and dilemma of a person who presents as a male, but who has an obviously female name, and vice versa." Roper also said that name changes that were not to more gender-neutral names "offend the sensibilities and mores of a substantial portion of the citizens of this state." When it came to Baumert's request, Roper suggested several names he said he "can live with," including Morgan, Shannon, Shaun and Jaimie, and when Baumert rejected those options, Roper denied his petition. Sound Legal Discretion In a terse opinion, the Fourth Division Court of Appeals overruled Roper's decisions, reiterating that "a trial court's conclusions about any person's 'confusion' or 'embarrassment' was 'not a valid basis for denying' a petition for a name change," and that the only basis for denying a petition for a name change was evidence that "showed that the petitioner was acting under an 'improper motive,' such as intentionally assuming another person's name for the purpose of embarrassing that person or avoiding the petitioner's own criminal past." Absent that evidence, the appeals court ruled, Roper should not have denied the name change requests. Name and gender change petitions are becoming more common in courts, even if some judges remain resistant. If you need help with a name change or a gender change petition, or if yours has been denied, contact an experienced civil rights attorney in your area. Related Resources: Find Civil Rights Lawyers Near You (FindLaw's Lawyer Directory) Oregon Residents Can Be 'Agender' as Well as 'Non-Binary' (FindLaw's Law and Daily Life) DMV Sued by Transgender Woman Over Privacy (FindLaw's Law and Daily Life) Can Parents Block Children's Gender Transitions? (FindLaw's Law and Daily Life)
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