I found this interesting note, published recently in the Duke Law Journal on the use of the government's DNA database for certain convicted felons. The note, DNA Profiles, Computer Searches, and the Fourth Amendment, argues that the use is a violation of the Fourth Amendment. It's a pretty interesting read. Here's the abstract:
Pursuant to federal statutes and to laws in all fifty states, the United States government has assembled a database containing the DNA profiles of over eleven million citizens. Without judicial authorization, the government searches each of these profiles one-hundred thousand times every day, seeking to link database subjects to crimes they are not suspected of committing. Yet, courts and scholars that have addressed DNA databasing have focused their attention almost exclusively on the constitutionality of the government’s seizure of the biological samples from which the profiles are generated. This Note fills a gap in the scholarship by examining the Fourth Amendment problems that arise when the government searches its vast DNA database. This Note argues that each attempt to match two DNA profiles constitutes a Fourth Amendment search because each attempted match infringes upon database subjects’ expectations of privacy in their biological relationships and physical movements. The Note further argues that database searches are unreasonable as they are currently conducted, and it suggests an adaptation of computer search procedures to remedy the constitutional deficiency.
The author, Catherine W. Kimel, is a 3L at Duke.![]()
Featured Paper: DNA Profiles, Computer Searches, and the Fourth Amendment
↧
↧
But For Video™: Cop in Shorts
<font style="FONT-SIZE: 12px" face="arial">San Diego Police Officer M. Reinhold, likely feeling vulnerable and angry that he was forced to go out in public wearing shorts rather than more
appropriate calf-height leather boots and jodhpurs, had a peculiarly low threshold for fear. Or perhaps cellphone phobia, an ailment that disproportionately afflicts police officers.<br>
<br>
Via Carlos Miller at <a href="http://www.photographyisnotacrime.com/2013/04/09/san-diego-police-attack-and-arrest-man-video-recording-them-claiming-phone-could-be-a-weapon/">Photography is not a
Crime</a>, Reinhold, seized with fear, seizes the vicious cellphone weapon.<br>
<br>
<iframe height="315" src="http://www.youtube.com/embed/qbUvvyXoExI" frameborder="0" width="420"></iframe></font>
↧
Speed Defense Myth: If the Officer Can’t Pick You Out, You Win
Wrong. The officer has to be able to testify that he got the right person. That’s correct. He has to be able to identify the driver of the vehicle that he pulled over and make sure it was the person who he charged with the offense. However, most judges around Virginia have a much easier [...]
↧
D.C. Prostitution Ring Results in Federal Conviction, Possible Deportation
A Maryland man recently pleaded guilty to federal charges stemming from an interstate prostitution ring that reportedly involved some 100 women who were transported to work in D.C., Maryland, Virginia and other surrounding states between 2009 and 2012. ![highheels.jpg]()
Our D.C. criminal defense defense lawyers know that cases like this, whether charged federally or at the district or state level, are going to be serious because more often, they are viewed through the lens of human trafficking. That means that while the sex worker, frequently viewed now as a victim, will face less serious charges, if any at all, those who organize the operation could end up facing serious felonies.
In this case, the individual admitted to his role in recruiting foreign nationals for prostitution, promoting the operation through the distribution of business cards at various Spanish restaurants, construction sites and day labor operations, personally transporting the women to various locations for the purposes of engaging in sex work and collecting a substantial portion of the proceeds.
He faces up to five years in prison, though it is expected as a Mexican citizen, he will be deported following the completion of his sentence. It will be the third time he has been deported from the U.S.
In D.C., a boom of major construction projects downtown has resulted in an increase of prostitution arrests, according to Metro police. Investigators say that while most prostitution activity takes place between midnight and 5 a.m., a recent surge was being observed around 3:30 p.m. and 7:30 a.m., which correlates to the changes in construction workers' shifts.
Police said that while prostitution had been a major issue in D.C. back in the 1970s, it hadn't been since - until recently.
A sex worker who is charged with prostitution under D.C. criminal code will face up to three months in jail and a $500 fine for a first-time offense. Rarely will a person actually receive that much, especially if your attorney can prove you were a victim. Second-time offenders face up to 135 days in jail and a fine of up to $750. Third and subsequent offenders face up to 180 days in jail and a $1,000 fine.
There are many options for diversion programs for sex workers. Even though these are misdemeanor charges, it is wise to obtain the services of a skilled attorney, who can help to significantly reduce or eliminate your chances of jail time and hefty fines.
Those facing human trafficking charges, more commonly referred to as "pimps," are often facing felony charges. They may be granted a public defender to their case, but seeking out an attorney with specific experience in handling these types of cases is critical. This is particularly true if any of the sex workers whose services you allegedly sold were under the age of 18. In cases such as that, under D.C. Criminal Code 22-2704, you would be facing up to 20 years in prison and fines of up to $20,000.
![]()
![]()
![]()
![]()
![]()
Our D.C. criminal defense defense lawyers know that cases like this, whether charged federally or at the district or state level, are going to be serious because more often, they are viewed through the lens of human trafficking. That means that while the sex worker, frequently viewed now as a victim, will face less serious charges, if any at all, those who organize the operation could end up facing serious felonies.
In this case, the individual admitted to his role in recruiting foreign nationals for prostitution, promoting the operation through the distribution of business cards at various Spanish restaurants, construction sites and day labor operations, personally transporting the women to various locations for the purposes of engaging in sex work and collecting a substantial portion of the proceeds.
He faces up to five years in prison, though it is expected as a Mexican citizen, he will be deported following the completion of his sentence. It will be the third time he has been deported from the U.S.
In D.C., a boom of major construction projects downtown has resulted in an increase of prostitution arrests, according to Metro police. Investigators say that while most prostitution activity takes place between midnight and 5 a.m., a recent surge was being observed around 3:30 p.m. and 7:30 a.m., which correlates to the changes in construction workers' shifts.
Police said that while prostitution had been a major issue in D.C. back in the 1970s, it hadn't been since - until recently.
A sex worker who is charged with prostitution under D.C. criminal code will face up to three months in jail and a $500 fine for a first-time offense. Rarely will a person actually receive that much, especially if your attorney can prove you were a victim. Second-time offenders face up to 135 days in jail and a fine of up to $750. Third and subsequent offenders face up to 180 days in jail and a $1,000 fine.
There are many options for diversion programs for sex workers. Even though these are misdemeanor charges, it is wise to obtain the services of a skilled attorney, who can help to significantly reduce or eliminate your chances of jail time and hefty fines.
Those facing human trafficking charges, more commonly referred to as "pimps," are often facing felony charges. They may be granted a public defender to their case, but seeking out an attorney with specific experience in handling these types of cases is critical. This is particularly true if any of the sex workers whose services you allegedly sold were under the age of 18. In cases such as that, under D.C. Criminal Code 22-2704, you would be facing up to 20 years in prison and fines of up to $20,000.
↧
FRAMINGHAM TEEN IS ARRESTED FOR MASSACHUSETTS AGGREVATED RAPE AND KIDNAPPING OF 15-YEAR-OLD GIRL (PART ONE)
Nathan P. Williams, a 19-year-old Framingham man (hereinafter, the “Defendant”) is in a great deal of trouble. Tomorrow, he is scheduled to return to court for a Massachusetts Dangerousness Hearing. Earlier this week, he was arraigned in district court on charges that he kidnapped and raped a 15-year-old girl at knifepoint in the woods near her home on April third.
According to prosecutors, the Defendant waited around Gorman Road in Framingham until a certain school bus pulled up. The girl (hereinafter, the “Girl”) got off the bus. Then, the Defendant is said to have threatened her with the knife and forced her into a wooded, swampy area. There, according to prosecutors, he raped her.
According to the prosecution, the Girl did not know the Defendant.
“He indicated to her to come here, he wanted her to come with him,” the prosecutor argued at the bail hearing. “He walked into what was considered to be a thickly dense area. He directed her to a secluded spot ... [He] proceeded to sexually assault the child in a number of different ways.” The prosecutor also alleged that investigators found “biological matter” on evidence they collected. This material is said to have matched the Defendant’s DNA.
Incidentally, it is a marvelous occurrence that the Commonwealth has such striking evidence so soon. Normally, they claim it takes months to get such conclusive data. Perhaps it was the magic of a high-profile case. Or, perhaps even, as the song goes, “It Ain’t Necessarily So”.
But I digress.
Further search, this time of the Defendant’s last known address, is said to have revealed clothing that matched the description given both by the girl and other witnesses of what the Defendant was allegedly wearing at the time of the attack.
The Defendant’s present lawyer has announced that his client is innocent and that there may be a misidentification in the case. Perhaps heralding this disclosure is the fact that the Defendant covered his face with a gray T-shirt and ducked out of sight below the rail of the prisoner’s dock during the bail hearing.
The Defendant’s not-guilty plea was entered on his behalf to charges of aggravated rape and aggravated kidnapping and he was ordered held without bail until Friday’s hearing.
![]()
![]()
![]()
![]()
![]()
↧
↧
Draft Bulletin on Probation Violations
I recently completed a draft of a bulletin on probation violations. It is working its way through our internal review process. In the meantime, I thought I would post it on the blog and open it up for wider comment. There have been many changes in this area of the law in the past 5 [...]
↧
FRAMINGHAM TEEN FACES MASSACHUSETTS DANGEROUSNESS HEARING FOR KIDNAPPING AND RAPE CHARGES (PART TWO)
As we left off, Attorney Sam’s Take was discussing the matter of Nathan P. Williams, a 19-year-old Framingham man (hereinafter, the “Defendant”), who is poised to have a Massachusetts Dangerousness Hearing tomorrow. He faces charges of Massachusetts rape and kidnapping of the 15-year-old girl, hereinafter, the “Girl”.
While there may be many ways to attack the Commonwealth’s case in this matter, I would not be overly hopeful if I were the Defendant’s family for tomorrow’s hearing. Particularly if defense counsel plans to simply argue that his client is innocent and so not a danger.
Of course, based on how we are told the system operates, one would think that the argument is viable. After all, the Defendant has not only been convicted of no previous crimes, but, thus far, he remains presumed innocent of the new charges.
Well, remember what I have told you for a number of years now. In reality, the Defendant may be presumed innocent, but he is assumed guilty.
No, that is not a rule of law. It is a finding of reality.
The argument that the Defendant has been convicted of no crimes, including the one at bar will not carry him very far to freedom.
Of course, the Commonwealth’s case on its surface appears strong. Alleged DNA and eyewitness testimony, as well as the alleged finding of the clothing at the Defendant’s “last known” home. As you know, however, things are not always as they seem.
![]()
![]()
![]()
![]()
![]()
↧
Electronic privacy roundup
Here are several national electronic privacy stories that relate to presently pending Texas legislation.Selling not-so-anonymous location tracking dataMany user agreements one signs online indicate the company will not sell your personal information, but today "anonymized" data - even location data - can often be re-identified. The Verge describes the process in an article titled "How carriers sell your location and get away with it" (April 8):The problem is, the data may not be anonymous after all. Last week, a group of MIT data scientists found a way to work back to 95 percent of the people in a European carrier’s data set from just four new location data points. Those could be Foursquare posts, geolocated tweets, or items on a credit card slip. If someone's got four of those hits, along with a batch of anonymized data from the carriers, it's enough to single you out. Suddenly, that "anonymized" data turns into a detailed record of everywhere you've been.This kind of re-identification has happened before. In the mid-1990s, when a Massachusets state group released a crop of anonymized medical records, a data scientist named Latanya Sweeney was able to re-identify them by comparing them to local voter rolls — and responded by mailing the governor a full copy of his private medical history. As detailed by Paul Ohm, she later proved just a birthdate, zip code and gender is enough to identify 87 percent of the population, and knowing where someone is makes them even easier to ID. "Location pins you down a hell of a lot," said Lee Tien, a lawyer for the Electronic Frontier Foundation. "To know you're in a particular city, even if it's a big city like San Francisco, that ruled out most of the world right there."All that’s left is a little math, but this is the kind of math that gets you in trouble. To a lawyer, running this algorithm counts as a data breach, which states have harsh laws about. Once you cross from "anonymous" to "personal" data, you'll face a world of ugly consequences if anyone finds out. But to a data scientist, it's as simple as connecting the dots.Warrants for email? IRS says 'no' Meanwhile, the IRS provides further evidence that the laws surrounding electronic privacy remain incredibly unclear, with different government agencies applying different standards at the federal level just like in Texas. Reported Declan McCullagh (CNET, April 10):The Internal Revenue Service doesn't believe it needs a search warrant to read your e-mail. Newly disclosed documents prepared by IRS lawyers say that Americans enjoy "generally no privacy" in their e-mail, Facebook chats, Twitter direct messages, and similar online communications -- meaning that they can be perused without obtaining a search warrant signed by a judge.That places the IRS at odds with a growing sentiment among many judges and legislators who believe that Americans' e-mail messages should be protected from warrantless search and seizure. They say e-mail should be protected by the same Fourth Amendment privacy standards that require search warrants for hard drives in someone's home, or a physical letter in a filing cabinet. An IRS 2009 Search Warrant Handbook obtained by the American Civil Liberties Union argues that "emails and other transmissions generally lose their reasonable expectation of privacy and thus their Fourth Amendment protection once they have been sent from an individual's computer." The handbook was prepared by the Office of Chief Counsel for the Criminal Tax Division and obtained through the Freedom of Information Act....The IRS continued to take the same position, the documents indicate, even after a federal appeals court ruled in the 2010 case U.S. v. Warshak that Americans have a reasonable expectation of privacy in their e-mail. A few e-mail providers, including Google, Microsoft, Yahoo, and Facebook, but not all, have taken the position that Warshak mandates warrants for e-mail. ...A March 2011 update to the IRS manual, published four months after the Warshak decision, says that nothing has changed and that "investigators can obtain everything in an account except for unopened e-mail or voice mail stored with a provider for 180 days or less" without a warrant. An October 2011 memorandum (PDF) from IRS senior counsel William Spatz took a similar position.A phalanx of companies, including Amazon, Apple, AT&T, eBay, Google, Intel, Microsoft, and Twitter, as well as liberal, conservative, and libertarian advocacy groups, have asked Congress to update the 1986 Electronic Communications Privacy Act to make it clear that law enforcement needs warrants to access private communications and the locations of mobile devices. Verizon colludes with feds to configure personal device for StingrayFinally, it's worth remembering that much modern surveillance requires the collusion of vendors who are frequently compelled by statute to cooperate with law enforcement. It turns out Verizon not only provided data to the FBI but reconfigured their target's personal devices - in particular his "air card" - remotely in order to maximize the effective of the feds' Stingray surveillance equipment. Reported Wired (April 9):Air cards are devices that plug into a computer and use the wireless cellular networks of phone providers to connect the computer to the internet. The devices are not phones and therefore don’t have the ability to receive incoming calls, but in this case [alleged tax fraud] Rigmaiden asserts that Verizon reconfigured his air card to respond to surreptitious voice calls from a landline controlled by the FBI.The FBI calls, which contacted the air card silently in the background, operated as pings to force the air card into revealing its location.In order to do this, Verizon reprogrammed the device so that when an incoming voice call arrived, the card would disconnect from any legitimate cell tower to which it was already connected, and send real-time cell-site location data to Verizon, which forwarded the data to the FBI. This allowed the FBI to position its stingray in the neighborhood where Rigmaiden resided. The stingray then “broadcast a very strong signal” to force the air card into connecting to it, instead of reconnecting to a legitimate cell tower, so that agents could then triangulate signals coming from the air card and zoom-in on Rigmaiden’s location.To make sure the air card connected to the FBI’s simulator, Rigmaiden says that Verizon altered his air card’s Preferred Roaming List so that it would accept the FBI’s stingray as a legitimate cell site and not a rogue site, and also changed a data table on the air card designating the priority of cell sites so that the FBI’s fake site was at the top of the list. ...During a hearing in a U.S. District Court in Arizona on March 28 to discuss the motion, the government did not dispute Rigmaiden’s assertions about Verizon’s activities.Can police read your text messages without a warrant?A case pending before the Washington State Supreme Court will consider the question. See an EFF blog post wherein you'll find linked their amicus brief on the subject.'The Public Private'See an AP story about a NYC art exhibit focusing on the blurred lines between public and private spheres of our lives in an era of social networking and ubiquitous camera surveillance.
↧
On The Crucible of Cross Examination
It happens perhaps most often in domestic violence cases that the complainant fails to show up on the morning of trial. The government would have you believe this is because the complainant fears for his/her safety, and this might sometimes be true. More often, it is because the complainant has reconsidered having the lover, spouse, [...]
↧
↧
Jubilación: AFP vs ONP (III parte)
Como estaba previsto el día de ayer, 10 de abril de 2013, me acerqué a la cita programada por AFP Prima para firmar la Sección II en mi proceso de jubilación y solicitar "Pensión Preliminar".
NO firmé la Sección II, ¿Por qué?, porque redujeron la actualización de mi Bono de Reconocimiento (BdR) de S/. 50,000.00 a S/. 40,000.00, la razón según me explicó la "Ejecutiva de Servicios" Srta. Mónica Ludeña Díaz, era el factor de actualización que se situaba en 1.6 según su máquina, sin embargo este dato contrasta con el proporcionado por la "Ejecutiva de Servicios" Srta. Mónica Medina Elías, la misma señorita que calculó mi BdR en S/. 1,985.00 y corrigiera posteriormente a la suma de S/. 25,113.00 y que actualizado al 22 de marzo de 2013 ascendía a S/. 50,000.00.
Dejo constancia que la "Ejecutiva de Servicios" Srta. Medina Elías, en el mismo acto del cálculo -22-03-2013- me informó que el factor de actualización era de 1.89....y se actualizaba trimestralmente, la última actualización correspondía a febrero, en consecuencia, un mes después y hasta el mes de mayo de 2013 inclusive, el factor debe ser el mismo.
Es alucinante, que una empresa privada con moderna infraestructura y tecnología cuente con dos trabajadoras !cumpliendo exactamente la misma función! informando de manera contradictoria y sobre todo lesiva para el afiliado.
La señorita Ludeña Díaz, formuló un requerimiento en mi nombre a efectos que la AFP me informe el dispositivo legal que crea el factor y donde puedo constatar su actualización. NO es suficiente amigos que le digan se actualiza con el IPC.
¿Saben cuanto va a demorar la AFP para darme el número de la norma que crea el factor y donde puedo verificarlo !15 días!, ¿que les parece?. El sector privado ES MÁS EFICIENTE en la administración que el sector público, me pregunto ¿será así?, ¿ustedes que piensan?.
Pero bueno, ¿cuanto iba a ser mi "pensión preliminar"?, la misma señorita Ludeña me dijo que mi pensión SOLO con el fondo actual (no se consideran, por ahora, los S/. 50,000.00 de mi BdR) no alcanzaba los S/. 100.00 (Cien y 00/100 Nuevos Soles) y que la podía ajustar al mínimo que tienen previsto de S/. 150.00 (Ciento cincuenta y 00/100 Nuevos Soles) ni más ni menos; la ONP quebrada con pensiones paupérrimas (en efecto lo son) abona como "pensión preliminar o provisional" S/. 450.00 (Cuatrocientos cincuenta y 00/100 Nuevos Soles), lo de pensiones paupérrima le queda demasiado grande al Sistema Privado de Pensiones, pienso que en realidad son "pensiones dignas" si se ven desde sus intereses y el desprecio por la vida de los demás.
He formulado los días 3 y 4 de abril de 2013, varias preguntas a la AFP por escrito y vía correo electrónico respectivamente, hasta el momento NO me responden PORQUE NO SE HAN CUMPLIDO LOS QUINCE DÍAS QUE TIENEN PARA CONTESTAR me explicó la señorita Ludeña, voy a pegar a continuación las preguntas de mi correo y escaneo las formuladas por escrito, lean las preguntas y opinen si para responderlas se necesitan QUINCE DÍAS.
A propósito, el día 03 de abril solicité agregar a mi petición de BdR la Declaración Jurada de Aportes que me proporcionó el mismo día 03 el Poder Judicial, ¿saben cuando la van a remitir? a fines de mes PORQUE DEBEN CEÑIRSE A DETERMINADAS FECHAS coordinadas con la ONP. ¿Eficiencia privada tratándose de dinero?, muy extraño, ¿no les parece?.
CORREO ELECTRÓNICO
Buenos días, señores AFP Prima, El Día de ayer (03-04-2013) inicié oficialmente mi Trámite de Jubilación legal, Firme la Sección I y se me ha citado para el miércoles 10 p.sgte. para Firmar la Sección II y, Como Quiera Que, mi CIC NO está Consolidado, Por Ahora no es Posible me otorguen Una pensión Definitiva, en Razón de ello, El Día 10 de abril Próximo solicitaré la "Pensión Preliminar", con ese Objetivo, ayer les Presente Una Solicitud requiriendo Información Sobre el Monto de la Misma, adicionalmente he Pedido Que entregaran a la ONP la Declaración Jurada original de mi Ex - Empleador-Poder Judicial-de los Aportes realizados Durante el Periodo Que labore pára ELLOS.
Por Otro Lado, Siempre atento a La Información Que brindan al Afiliado, me permito Preguntar:
1) ¿como PUEDO saber el Estado en Que Se encuentra el otorgamiento de mi Bono de Reconocimiento (BdR)?.
2) Tengo la Intención de acogerme al Retiro Programado, mi fondo seguirá siendo administrado Por Ustedes, LUEGO, Deseo saber Sí ademas del 4% del descuento párrafo la Seguridad Social, existe Alguna Disposición legal Que les autorice a efectuar Otros Descuentos Que lo afecten y con el Ello el Monto de mi pensión?
3) He Leído en el documento"Orientación Básica Sobre el Proceso de Contratación" lo Siguiente:
"En el Cuadro Siguiente, USTED PODRA apreciar algunos EJEMPLOS de Cálculos de pensión PARA UN Afiliado Que alcanzo los 65 Años de EDAD, Cuenta Con Una cónyuge 5 Años Menor Y Que Cuenta con un capital para Pensión de S / 250,000.00." No he publicado el cuadro porque sólo deseo que vean un ejemplo, más adelante lo pegaré; preguntas:
¿Si la cónyuge es mayor, digamos Año de las Naciones Unidas, Como es mi Caso, El Ejemplo Se mantiene? i ¿si Fuera al revés ó 6 Años 15 Años ó 25 años menor, El Ejemplo Seria El Mismo?
¿Como PUEDO saber la "esperanza de vida" tanto de Este abogado de Como La De Su Esposa?
También en "Información Adicional" Podemos leer:
"Monto Básico de pensión , Afiliados Los Que no califiquen a Una pensión mínima (no está escrito "con Garantía Estatal"), podrán OPTAR POR LA QUE les corresponda o ajustarla al Monto Básico de pension Equivalente a S /. 150.00 nuevos soles " .
Esta Información es Insuficiente y no está relacionada con la pregunta formulada Por Escrito El Día de ayer, ¿Tengo las siguientes dudas?:
1) ¿Calculan la pensión SÓLO con mi CIC existente o asumen el valor del Bono redimido?, En Este punto es bueno precisar Que, La Referencia es a la PENSIÓN sin Excluir Ninguno de Sus Componentes Pues, siendo preliminar, los montos entregados sí regularizarán cuando la CIC se Haya Consolidado. Lo Cual, Como es evidente, les obligaría a apoyarme en la redención de mi BdR, un temita Interesante y Lógico.
Igualmente les recuerdo Que la ONP también otorga Una "Pensión Provisional" Que Asciende al Mínimo establecido Por Ley, a lo que agregaría la Seguridad ABSOLUTA Que mi BdR será redimido al Tener solo tres empleadores Que fiscalizar a) Poder Judicial, b) Ministerio de Justicia y c) Essalud, los tres me Han facilitado las Declaraciones Juradas de Aportes, con la salvedad Que le del Ministerio de Justicia la tramitaron Ustedes, Por Tanto, no existe Razón Que justifique la Demora (en el Caso de la Resolución de Reconocimiento, TODAVÍA ESTAMOS Dentro de los Plazos), Me Estoy Proyectando a su redención.
Es Cierto Que la ONP TIENE HASTA Tres años, es Decir Puede Ser redimido Al Día Siguiente de haberse otorgado la Resolución de Reconocimiento.
Les agradeceré me respondan antes del día 10 de abril PRÓXIMO, FECHA, Que Como está Escrito, solicitaré "Pensión Preliminar".
Muchas gracias.
José Guillermo Anderson Anderson
Debe haber errores en el pegado porqué el sistema traduce del castellano al inglés automáticamente y no sé la razón.
PREGUNTAS POR ESCRITO
Lima, 03 de abril de
2013
Señores:
AFP – PRIMA
Calle Chinchón
San Isidro
Asunto: Tener presente
(1), agregar documento a solicitud de BdR (2), información sobre Pensión
Preliminar (3)
De mi consideración:
El día 01 de abril
p.pdo, fecha en la que cumplí 65 años,
me acerqué a vuestras oficinas con la finalidad de informarme sobre los
trámites para acceder a la jubilación.
Fui atendido por una
joven dama, que “conoce al revés y al derecho” es su manifestación, las normas que
reglan el proceso de jubilación. No
obstante este “conocimiento” cuando solicité agregar a mi solicitud de BdR un
documento adicional me contestó que NO se podía, sin embargo, si lo deseaba
hacer que lo hiciera, la ONP decidirá si lo acepta o no., en pocas palabras la
AFP PRIMA que en ese momento representaba la joven, NO sirve para nada más que
ser un simple entregador de papeles, cuestión que, como es natural, resulta incorrecta, más aún, cuando se
trata del dinero razón de ser de la existencia de las AFP, en la medida que
mientras más rápido se encuentre en su poder mayores serán los posibles beneficios de una inversión segura y
oportuna.
Como quiera que, hace apenas un mes que inicié los trámites
para la obtención de mi Bono de Reconocimiento (BdR) mi fondo CIC no está
consolidado y por ende todavía no es posible determinar la “pensión definitiva”
que me pudiera corresponder, luego, solicitaré la “pensión preliminar” con
cargo a mi CIC y hasta que se redima el BdR o se agote el referido fondo, lo
que ocurra primero, siempre de acuerdo con
las normas de la materia si lo expuesto adoleciera de interpretación equivocada de las normas regulatorias.
No obstante que la
información que brinda la SBS sobre una “pensión básica” cuando el afiliado
solicita la “pensión preliminar” e indica fórmulas para su cálculo que, para
este Abogado, resultan poco entendibles, la joven que “conoce al revés y al
derecho” las multitud de leyes, reglamentos, resoluciones de la SBS y demás, me
informó que el cálculo de la “pensión preliminar” la efectúa el departamento
técnico de vuestra AFP y que ella no me podía indicar el monto, en todo caso
que haga una solicitud en ese sentido.
Atendiendo a la
recomendación de la joven que “conoce al revés y al derecho” las normas tantas
veces mencionadas, ruego me hagan llegar vía correo electrónico andersonjosguillermo@yahoo.com.pe
a cuanto ascendería la “pensión preliminar” que estaría recibiendo.
OTROSI DIGO.- Adjunto
Declaración Jurada de Aportes otorgada por el Poder Judicial el día de hoy 03
de abril de 2013 para que tengan a bien incorporarla a mi solicitud de BdR.
Atentamente
José Guillermo Anderson
Anderson
DNI N° 16732241
Debo indicar que NO he podido escanear el cargo, pero el sello de recepción es de la misma fecha.
Hasta la próxima amigos.
↧
Lansing Man Agrees to Plea Bargain in 2012 Birthday Party Shooting Death
In April of 2012, then 19-year-old Rodney Scott was accused of murdering Ignacio Rebolloso at a birthday party both of the men were attending in Lansing. On Wednesday, April 10, Scott agreed to a plea bargain in front of Ingham County Circuit Judge William Collette. Scott pleaded guilty to second-degree murder in the shooting death of Rebolloso.
The incident occurred in the 1600 block of Martin Street, where it is alleged that the two men were among several dozen people in attendance at a birthday party. The two men became involved in a confrontation, and ultimately ended up outside where they got into a fight. According to police, the shooting took place outside during the course of the fight, which happened around 4 in the morning.
Before taking the plea deal, Scott had been charged with carrying a concealed weapon, felony firearm, and open murder. In exchange for his guilty plea to a charge of second-degree murder, prosecutors dropped the original charges.
Scott turned himself into police approximately one month after the shooting in 2012, due to what he called "mounting pressure of Lansing police detectives closing in on him," according to a news article at Mlive.com.
Scott is scheduled to be sentenced by Judge Collette on May 22.
As all Michigan homicide defense attorneys know, the penalties for second-degree murder can be just as harsh as those for first-degree murder. While a conviction on first-degree murders subjects the defendant to life in prison without parole, second-degree murder is punishable by any number of years to life in prison. While we don't know what the altercation was about in Scott's case or his motive for the shooting, it is always a tragedy to see someone so young potentially face his or her entire life behind bars.
![]()
![]()
![]()
![]()
![]()
↧
Ecorse Man Charged with First-Degree CSC in Alleged July 2012 Rape
An Ecorse man, 30-year-old Aaron Tyrell Qualls, was arraigned on Thursday April 4 on a charge of first-degree criminal sexual conduct after he allegedly raped a woman in July of 2012. Qualls was arraigned via video conferencing by Magistrate David Dinkleman in Hillsdale County District Court.
According to a news article at Hillsdale.net, Qualls and the alleged victim were being driven around by an Osseo man, James Carver. While the woman admitted that she was intoxicated at the time, she insisted that she did not want to engage in sexual relations with Qualls, and that he raped her in the vehicle as they were being driven around by Carver. Qualls has denied her accusations to authorities.
Carver was arrested in 2012 for aiding and abetting Qualls; however in October those charges were dropped because of a lack of evidence. An arrest warrant was issued for Qualls by Prosecutor Neal Brady in October of 2012, but he was not arrested until last week on April 3.
Due to a prior criminal record involving felony firearms, flight risk, and the seriousness of the offense he is accused of committing, Qualls was denied bond and remains in the Hillsdale County Jail. He admitted that he was aware there was a warrant for his arrest, however he did not turn himself in to authorities. Qualls next court date is set for April 17 at 9 a.m.
As experienced Michigan sex crime attorneys, we are very familiar with circumstances like these in which an alleged victim was intoxicated and later claims he or she was violated. While it may be absolutely true, there are many times when a victim cries rape after the fact, even though he/she may have been a willing participant at the time the alleged offense actually took place.
![]()
![]()
![]()
![]()
![]()
↧
My Take on the Atlanta Public School Cheating Scandal
I would imagine that most of you are aware that, in the past week, a total of 35 Atlanta area public school teachers and school officials have been arrested in connection with the law enforcement probe of alleged cheating by teachers on standardized tests, which led to inflated student test scores in various Atlanta public schools.Look, I am quite sure that we can all agree that such cheating is wrong! There's no room for debate about that! But here is my take on this prosecution -- and you may or may not agree with me!First of all, I acknowledge that, presently, I am a criminal defense lawyer in Augusta, Georgia. I proudly defend folks accused of crimes. But even as a former career prosecutor, both state and federal, I would never have made this into a criminal case. In my opinion, such cheating by teachers should be a firing offense, but not a criminal offense!My teacher friends tell me that our entire school system is a mess. No Child Left Behind has put tremendous pressure on teachers to focus their efforts on test-taking and test performance, rather than on teaching the little urchins how to read and write! It is no wonder that some teachers will feel pressured to fudge on scores.Again, I am not saying we should reward cheaters! That is not my point! All I am saying is that we shouldn't be trying to put them in prison, either! In short, again, this cheating, in my opinion, should be a firing offense and not a criminal offense!What do you think?
↧
↧
MN - Sex-offender program changes reviewed by Minnesota House committee
Venus FlytrapOriginal Article04/10/2013By Megan Boldt
A bill that would rehab a program for Minnesota's most dangerous sex offenders got its first hearing Wednesday, April 10, in the Minnesota House.
If passed, the bill would require the state to offer more cost-effective treatment alternatives rather than housing all civilly committed sex offenders at the state's high-security treatment center in Moose Lake.
Almost 700 offenders are in the Minnesota Sex Offender Program at a cost of about $120,000 per patient annually -- three times the average inmate cost. Most already have served prison sentences and were court-committed after their release from prison.Minnesota has yet to treat and fully discharge a sex offender from the program in two decades, leaving it open to criticism and vulnerable to legal challenges such as a class-action lawsuit filed over the summer by several sex offenders. The U.S. Supreme Court has ruled that state and federal sex offender civil commitment laws are constitutional, as long as the intent is to treat and rehabilitate.
"It's a really tough issue to crack because of the politics," said Rep. Tina Liebling, DFL-Rochester. "The signal is loud and clear that if we don't do something ourselves as a Legislature, then the federal court may do that for us and we might not like what the court decides to do."
The House Judiciary Committee took its first look at the bill Wednesday. No votes were taken.
Minnesota is one of 20 states with civil-commitment programs for sex offenders. In 2010, it had the highest number of civilly committed sex offenders per capita, said former state Supreme Court Chief Justice Eric Magnuson, chairman of a state task force that is examining the issue.
James Rosenbaum, a retired federal judge who also serves as the task force's vice chairman, compared Minnesota's sex-offender program to a Venus flytrap.
"You get into it and you don't get out. And that's the system we have," Rosenbaum said. "It is not sustainable financially, it is not sustainable legally, and it is not sustainable constitutionally."
The bill, which is based on the task force's recommendations, doesn't change the standard for commitment to the sex-offender program. But it does give judges two choices once someone is committed.
An offender would be evaluated within 60 days of being committed to determine whether he or she should be placed on strict and intensive supervision and treatment or placed in a secure treatment facility. The court would make a final decision based on that evaluation within 30 days.
If a person is placed under intensive supervision and treatment, the sex-offender program must come up with a plan within 60 days that ensures "the safety of the public while meeting the treatment needs of the civilly committed patient." If the sex offender violates conditions of the plan, he or she could be placed in a secure facility.
Offenders would be examined every two years by an outside evaluator to determine if they are making progress toward treatment goals and whether they pose a risk to the public. That progress report would be used to determine if a new course of treatment is needed or whether the patient has made enough progress to be released from the program.
The big unanswered questions ahead are whether Minnesota has enough providers to administer the intense supervision and treatment, and how much it will cost.
Rep. Michael Paymar, DFL-St. Paul, said that his concerns probably are premature but that he worries counties will have to pick up the "lion's share" of the cost unless the state will be reimbursing them for some of the expenses.
Magnuson said the services should be quite a bit less, noting the $120,000 annual cost for each sex offender in Minnesota's secured facilities.
"It's hard to spend more money than the state is spending now," Magnuson said.
Minnesota Department of Human Services Commissioner Lucinda Jesson said her department already has sent out a request for information to survey how many providers are willing to provide services; 21 public and private providers from across the state expressed interest.
In the next several weeks, the agency will issue requests for proposals to see what type of services providers would be willing to offer and how much they would charge.
"We're confident the providers are there. Now we just have to see what types of services they're willing to provide," Jesson said.© 2006-2013 | Sex Offender Issues
↧
Thursday
I am away from the office this morning. Posts will resume this afternoon.
↧
Monmouth DWI-DUI Police Blotter: Numerous Middleton, NJ, Alcohol- and Drug-related Police Arrests
As drunken driving defense attorneys representing motorists accused of DWI and drug DUI here in the Garden State, I and my large staff of skilled trial lawyers have more than 100 years of collective legal experience to bring to the fore. The Law Offices of Jonathan F. Marshall provides clients with knowledgeable representation in cases involving drunken driving, impairment by prescription drugs or an illegal controlled dangerous substance (CDS), breath test refusal, and other alcohol and drug-related charges.
We are extremely dedicated to representing motorists who have been accused of DWI, drug DUI, marijuana possession in a motor vehicle, as well as underage drinking and driving, among others. With our extensive experience in civil and criminal cases, we can offer clients statewide the services of qualified legal representation combined with skilled and informed drunken driving defense.
Especially here in New Jersey, where heavy DWI enforcement is a common sight and penalties for convicted drunk driving offenders can be very stiff, it is important to have a the best legal defense possible. Whether a person has been arrested for DWI following a routine traffic, at a sobriety checkpoint, or following an alcohol-related roadway accident, there is no good reason to enter a courtroom alone with only hope on one's side.
![]()
![]()
![]()
![]()
![]()
↧
Crime in South Bay Increases
A review of the overall crime in the South Bay and Harbor Area of Los Angeles County shows that crime has increased by one percent in the year 2012. According to an assessment of the California Crime Index by The Daily Breeze, homicides dropped from 54 to 45, including a drop of 12 homicides in the Harbor Division. Overall Robberies were up four percent, primarily because of significant increases in Carson and Gardena.
In the year 2012, there were 836,350 people living in South Bay. During that year there were:
45 homicides;
122 rapes;
1,177 robberies;
2,295 assaults;
3,996 burglaries; and
3,091 auto thefts.
Many wonder if the crime rates will increase substantially more this year as a result of the recent realignment program that has been put in motion. Because of overcrowding, many inmates in prison have been moved to county jails and a number of nonviolent individuals in jail have been released. There has been a lot of speculation, but it is unclear if releasing nonviolent individuals will actually increase criminal activity in Los Angeles County.
![]()
![]()
![]()
![]()
![]()
↧
↧
CA11: "The Dukes of Hazzard" makes it to the Eleventh Circuit
“This appeal presents the question whether three officials in a rural county of Georgia are entitled to a summary judgment against a complaint that they violated the civil rights of a father and son who had been involved in an aborted exchange of property between a previously engaged couple. When Dustin Myers and Kelley Bowman ended their engagement to be married, Dustin attempted to retrieve the diamond ring he had given Kelley and other personal property, but that attempt prompted allegations that Dustin had stolen Kelley's dog, followed by a police chase on rural roadways and a brief arrest of Dustin and his father, Rodney Myers. The end of the police chase, which resembles a scene from a rerun of the 1980s television show, The Dukes of Hazzard, fittingly was captured on a video camera on the dashboard of a police car. ... After our review of the videotape and other evidence, we agree with the district court that the Myers' effort to make a federal case out of these events fails: Murry and Evans did not subject the Myers to excessive force; Evans had probable cause to arrest the Myers; Murry did not act under color of law; and the Myers failed to present any evidence that Murry, Evans, and Hutchins conspired to commit a false arrest.” Also, as for the engagement ring: “Dustin agreed to return the dog in exchange for the engagement ring and some money that he said Kelley owed him.” Myers v. Bowman, 2013 U.S. App. LEXIS 7216 (11th Cir. April 10, 2013).*
Back to blog
↧
Is Usana Running an Illegal Pyramid Scheme?
All good multi-level marketing companies have one thing in common: They fail to disclose enough information to allow consumers and regulators to determine if they are in the business of recruiting or selling products. They disclose just enough facts and figures to make it appear that they are being transparent. But they hide enough information [...]
↧
MICHIGAN LICENSE "SUSPENSION" OR "REVOCATION" AND THE RELIEF AVAILABLE FOR BOTH
Depending on whether your license has been "suspended" or "revoked" will dictate what type of relief is available to you. The distinction is often overlooked by the layperson but the difference is huge.
The very definition of the two words suggests that their is a, stepped up urgency, if you will, between "suspension" and "revocation". And in fact their is. When a license is "suspended", generally speaking, it will AUTOMATICALLY revert back to active status (not suspended) upon the happening of a specific event, (i.e., the payment of fines or costs, the passage of a defined period of time). When a person's license is "revoked" it will never automatically do anything. Revoked here, as in the normal sense of the word means taken away, stopped, gone....period!!
Not to fear! Revoked doesn't necessarily mean gone forever. But the situation will take quite a different approach to achieve the relief the client wants....driving privileges.
First, the easier one. When a person's license is suspended because of a first impaired driving conviction or impaired driving conviction due to consumption of drugs for example, their license will be "suspended" for a defined period of time. In addition to this period of time, fines and costs will be assessed against the individual. Once the fines and costs are paid and the time period has lapsed, the person will be eligible to go to the Secretary of State to have his license automatically restored upon the payment of a reinstatement fee (you didn't think the Secretary of State was going to forget to get theirs did you?!?) remember its all about the money - well mostly.
The only caveat here is what happens when an individual forgets and/or fails to pay the court ordered fines or costs. In that event, a bench warrant is issued against the person. If that happens it would be wise, at this juncture, to retain a lawyer to help resolve the issue, because with this scenario the person is vulnerable to arrest at any time. Generally speaking, the police will not actively go and search for the person (and i do say generally because sometimes they do) in order to have them appear in front of the judge, but if the police roll up behind you while driving then all bets are off as to whether or not your going to jail. Once a bench warrant is issued against you the simple option of making your payment to the court for court ordered monies is gone and an appearance before the judge is required. Jail is an option for the judge at this juncture, especially if the individual still has not paid the court ordered fines/costs and that is why an attorney is a good thing to have at this stage.Finally, if a bench warrant is issued against you, the best approach is to resolve it as soon as possible - the longer you wait the more tenuous it becomes when appearing in front of a judge to try to explain.
When a Michigan drivers license is "revoked" on the other hand,the only way to resolve the revocation is by hearing (either before a Secretary of State hearing officer or a Circuit Court Judge). Once a license is revoked, eligibility must first be established and can be done only with the passage of time. The first task for my office is to order a driving record from the Secretary of State to determine the clients eligibility date. If your eligibility is established then we can jump right into preparing for a hearing.
The first (and only, hopefully) hearing is conducted in front of a Secretary of State hearing officer, and, for those who's underlying problems originated in Genesee County, the hearing would be conducted in person, in Lansing. Now, earlier i alluded to the fact that there is "other" relief available in Circuit Court, however this is only in the event that things do not go well in the Lansing hearing. This event should be avoided if at all possible ( for the obvious fact that this approach would require more money, time and anxiety). After nearly 23 years of practicing i have learned how to adequately prepare for the "first" hearing so as to make any appeal to a higher Court unnecessary.
But i cannot stress enough the fact that you get only one hearing per year and so you had better be completely prepared. Don't guess, call the Law Offices of Martin Lievois and get back on the road the first time!!
![]()
![]()
![]()
![]()
![]()
↧
More Pages to Explore .....
