Archive for August, 2010

Adultery Criminal Laws and Their Effects

Monday, August 30th, 2010

Adultery is also known as philandery or infidelity is basically a form of extramarital sex. Originally it referred to sex between a married woman and another person other than her spouse. Illegal in some countries, its difference from rape is that while rape involves use of force; adultery is voluntary. Having a Judeo-Christian origin, the concept is present in almost all religious factions of the world.

Committing adultery brings up several consequences like an enraged spouse at home and possible dissolution of the family and supportive life. Despite the fact that such family and supportive life was built up with a lot of efforts on part of the couple involved, adultery can disrupt their life. On the other hand adultery criminal laws in force in the country where it is committed can bring up serious consequences for the offender. In any case it could constitute pertinent grounds for fault based divorce.

Legal consequences of adultery that is considered a criminal act, does not end with divorce alone. It could result in a civil lawsuit against the spouse committing adultery. Besides the emotional trauma as well as the fallout faced by the subjects of adultery and consequential criminal laws, they could even land up in jail serving punishment on criminal charges.

Scenario is however changing pretty rapidly. Only few states in United States have adultery statute in place. Many states on the other hand abolished the statute altogether. Of course the states like Florida are an exception that still considers the adulterer as criminal. Open adultery is still a punishable criminal offence in Florida . Unique feature of adultery criminal laws in Florida is that even though only one of the persons involved in adultery is married, both can be charged with criminal offences of open adultery.

Thus, in Florida a person guilty of open adultery can face imprisonment up to 60 days and fines up to $500. In addition such person will also have a criminal record adding insult to injuries. In result it would be difficult getting jobs, loans, and other such financial and career benefits.

People charged with commitment of adultery should consult an efficient and reputable criminal lawyer to get appropriate advice. Such lawyer would be the right person for protecting the civil rights of the client.

Law Reguarding Exotic Pets

Saturday, August 28th, 2010

No one requests to decode any law. A law abiding citizen would first invoice the validity of the circumstances before getting an exotic pet. This actually takes some effort in judgment out. One: it depends on the utter where the landlord lives. And two: it depends on the exotic animal that he is winning anxiety of.If you think just untaken online and checking it on the internet is the answer, you’re erroneous. Sometimes, the information gathered on the web are already overdue and deficient in information. Sometimes, the confined laws don’t operate on each confusion. It’s just not consistent – then, it’s not dependable.For a holder of an exotic pet, it is advised that he checks with the home government first. This could be the city, the civic or the district. Ask an area humane people or the closest animal shelter.So that you could offer the right locale and right diet for your exotic pet, it’s optional that you consult your veterinarian. Sometimes health departments added regulations to the city laws that have already been imposed. Sometimes, the exotic pet is lawful in your province, but then you have to lookalike ensure if it’s official in your status.It may be a hassle to do this at first but then it’s a necessary. If it so happens that your exotic pet isn’t legal where you reside, it might be full away from you. Another supply that must be given interest to am that an exotic pet may be an endangered woman and bringing it to the mainland may not help in protecting their species, if it would only mean the animal would die later.Checking the authority of an exotic pet is also for the owners to not have conflict of good with his neighbors. People may line an objection against their possession of the exotic beast, so not only will this vanguard to the confiscation of the animal, it could also significance in euthanasia.If the creature is legally obtained, it would only significance to the extinction of the animal. What’s considered exotic is usually endangered. Check out the Convention on International Trade in Endangered Species of Wild Fauna and Flora for more information.To also shelter your neighborhood, the states are nervous regarding the animals that are brought in. Exotic creatures such as crocodiles and large cats are considered to be potentially hurtful when not handled with control.Generally, these exotic animals ought unusual anxiety (nutrition and living room.) These aren’t easily acquired by the landlord and the consultation with a veterinarian is necessary.Moving on from skill regulations, the laws the worried exotic creatures may come off as biased as well. The law encompasses that the acquisition of exotic creatures command the vendor to offer the genteel custody and diet to these creatures in order for them to no longer be endangered. If these are not met, then the animals may be confiscated and significance in the heartbreak of the owner.

National security involves more than securing borders

Thursday, August 26th, 2010

Jerry EricksonPublished: October 14, 2009

 

By now you’ve heard about Hosam Maher Husein Smadi. He’s the 19-year-old who was arrested on charges of attempting to blow up a Dallas skyscraper. The plan was uncovered when the F.B.I. became suspicious of Mr. Smadi.

As the N.Y Times reported on October 12, 2009, Mr. Smadi’s plan unraveled in 2008:

“But by the spring of 2008, he caught the attention of the F.B.I. by posting incendiary remarks about wanting to kill Americans on Jihadist Web sites. Over the summer, he met with agents posing as members of Al Qaeda and planned to bomb the Fountain Place office building in downtown Dallas, according to an indictment unsealed on Thursday.

His arrest on terrorism charges came after he parked a truck that he had been told was carrying explosives in the building’s underground garage, according to court documents.”

So, good work on the part of the F.B.I. However, what is also troubling about this case is the fact that Mr. Smadi apparently entered the U.S. on a tourist visa and had overstayed. Specifically, he had come to the United States from Jordan in early 2007 on a six-month tourist visa according to immigration officials. When he entered, he would have been given a date by which he was required to leave the U.S. The fact is that he failed to leave as required. Despite the fact that he overstayed, and that his visa had expired, this didn’t set off any type of process or alarm with immigration officials. Unfortunately, the simple fact is that despite the fact that we are more than 8 years post 9/11, the U.S. still doesn’t have a system to verify that foreigner travelers have left the U.S. as and when required.

As you can imagine, as the facts surrounding Mr. Smadi’s case have been revealed, there is now a rising chorus in Congress for Department of Homeland Security to develop an electronic exit monitoring system. Representative Lamar Smith of Texas, the senior Republican on the House Judiciary Committee, said the Smadi case “points to a real need for an entry and exit system if we are serious about reducing illegal immigration.”

Senator Charles E. Schumer, Democrat of New York and chairman of the Judiciary Committee’s sub-committee on immigration, said he would try to steer money from the economic stimulus program to build an exit monitoring system.

 

 

As all of us have seen when traveling, U.S. security has definitely been stepped up post 9/11. However, it is a huge gap in the entry/exit system that there are no biometric inspections, and/or process or system that would allow officials to monitor when travelers have left the U.S.

Officials have advised that establishing and implementing a monitoring program will be very expensive. Assuming this is the case, if we’re going to allow people into the U.S., we must be able to develop a system that effectively tracks when they leave. This is particularly so if the Obama administration is realistic about getting support for an immigration overhaul.

As to the particulars concerning Mr. Smadi, his ability to assimilate into U.S. life after overstaying is not a pretty picture.  After he decided he wasn’t leaving the U.S. as required, he was able to enroll in a high school, obtain a California identification card, secure employment with separate employers in two states, rent an apartment and a home, and purchase a gun and ammunition. Let’s just agree that there were no controls in place to see what Mr. Smadi was up to and leave it at that.

Mr. Smadi’s case is a clear reminder that there are people who would like to inflict more damage to the U.S. similar to that of 9/11. Having effective border security is obviously very important in the overall scheme of providing protection from those who would do us harm. However, it’s also critical to be able to monitor those who are allowed into the U.S. and then take timely and appropriate steps if they choose to overstay. Congress should immediately take up the issue of electronic monitoring and develop and implement a plan that addresses a problem that should have been dealt with years ago.

 

Jerry Erickson is the managing partner of Szabo, Zelnick, & Erickson, P.C. (www.szelaw.com), in Woodbridge, Virginia.  He is the senior attorney in the firm’s Business Immigration Section. He has practiced law for over 20 years and represents clients in numerous complex areas of immigration law. He can be reached at jerickson@szelaw.com or (703) 494-7171.

 

The above information is provided for informational purposes only.  The information should not be construed as legal advice and does not constitute an engagement of the Szabo, Zelnick & Erickson, P.C. law firm or establish an attorney-client relationship with any of its attorneys.  An attorney-client relationship with our firm is only created by signing a written agreement with our firm.