Law Questions and Answers
What do you think around Stem Cell Research?
Helping or ruining?Answers: I think it will back make oodles medical advances. I simply do not want this "research" done on embryos or fetuses. I'm all for the alternatives they are coming next to.
Donated embryos literally get thrown away if they are not put to use. Would you to some extent want an embryo to be destroyed, or do you want an embryo to be destroyed and also save other lives?
RE: Assassination;How do I express my anger productively?
As a woman, as a mother, as a mother of a marine contained by Iraq,and an aunt to a niece in the convoy, and a nephew in the Nat. Guard, I really thought the behind time p.m. showed promise and hope for democracy in Pakistan. How can we as mothers, and Americans show that we will not tolerate sternness as an expression of anger?Is this really the price? To kill a woman and a mother? I am overwhelmed, expecially that some populace think that this is no concern of ours. I am truly sorry, my heart go out to her family and her country.Answers: By writing your sound out, you have done roughly all you can do. Unless you are a world mastermind or celebrity, you sensations are among those of millions of people. Pray.
Spend your drive on things that you can effect.
The Serenity Prayer
God grant me the serenity
to adopt the things I cannot change;
courage to conveyance the things I can;
and wisdom to know the difference.
Living sometime at a time;
Enjoying one moment at a time;
Accepting hardships as the pathway to peace;
Taking, as He did, this sinful world
as it is, not as I would own it;
Trusting that He will make adjectives things right
if I surrender to His Will;
That I may be reasonably bright and breezy in this life span
and supremely happy beside Him
Forever in the subsequent.
Amen.
--Reinhold Niebuhr
Do you think that if here was no age cut back on alcohol that it would solve our problem of alcoholism?
do you think that if kids could drink they're whoel lives that in attendance would be so much drinking and driving and stupid things that happen because of alcohol? i'm sure near wuld still be drunkards and things but do you think near would be so much? so many kids infer its like the 'cool' entry to do... and so many kids do it... because of the thrill that at hand not aloud. where i am from the age is 21 and when kids by the time kids turn 21 they are bored beside drinking and they dont really do it anymore. what if you could always drink? do you deem your partying years would come earlier? whats your view?Answers: No, there will other be people who are alcoholics.
But the 21 age consideration isn't helping things. We have the peak drinking age in the world, and we hold major problems.
No. While Europe have fewer alcohol issues and lower ages (or no age limit) they also own a completely different view of alcohol that I believe help to limit the attraction that kids hold. Simply removing the age limits lacking a change within how alcohol is viewed would be close to handing a loaded pistol to a 4 year behind the times.
Kids that grow up in homes where on earth they are allowed to consume alcohol in moderation and their parents do like peas in a pod seldom have the issues we see. It loses it's mystery because it is not the forbidden fruit.
Our culture and level of personal freedom has something to do beside many citizens difficulty near all substance swearing. Some people can responsibly fiddle with freedom, others don't have the inner locus of control, and become addict.
I can say this. I be stationed in Germany for 3 years, and surrounded by their gasthaus', I see families enjoy pork, strong cigarettes, and some of the best beer in the world. Kids are right at hand. The parents aren't driving after drinking. They have trollies, bus', and cabs. The place that serves the beer is ajar to minors. The parents actually model responsible drinking behavior. The kids see the behavior more than the words.
Yes, some kids could drink and handle it. I in recent times don't know if it fits in the US "do as I voice, not as I do" culture.
no to alleviate drink problem is a very complex issue.
the single best point that could be done would be to nationalise alcohol retail , restrict hours of purchase.
This is what the underage kids are wanting to happen. No age factor to drinking will increase the problems of alcoholism and its dangers. Everything and anything specifically wrong are the fun things that many of the kids want to do today to save themselves from being bored.
I don't know of one 21 year hoary who is bored from drinking and don't want to do it anymore. This is the age where they want to do it the most. Kids don't know how to amuse themselves without the vice around them. They want the wealth minus working for it.
Age limits on alcohol consumption hold no relevance when it comes to alcoholism or other forms of problem drinking. But they don't improve anything, any. Such laws stifle us all to the lowest adjectives denominator and assume that because one person may hold a problem, everyone's rights must be removed.
I think alcoholism is something that plentifully of people develop base on their upbringing and surroundings. I was friends near a foreign exchange student a few years ago (I was I don`t know 15 or 16) and she was from Spain. She claimed that you could drink alcohol when you be 12 (I could have my age a bit off) contained by Spain. She claimed that over there drinking wasnt a big buy and sell. She didnt understand why one able to drink be such a big issue for us.
I think kids drink because it is a route to rebel. If you explain to them no, they just want to do it even more. My parents consent to me drink at home with friends (whos parents also allowed it) when we be in highschool. We be NOT allowed to leave. By the time we be all within college we knew how to button alcohol responsibly. I think the kids who feel they had to mask drinking from their parents or did not drink at all be the ones who "hurt" themselves the most when they turned 21.
On the same record, there are plenty of 40 year olds who arent nearly as responsible as some 17 year olds. I regard that if a 16 year old wishes to drink they should be able to. It is up to the parents and people to teach the child responsibility.
QDE?? do you kno or are you a handwriting analysist?? or other jobs..?
hey! im going to be starting college soon and im really looking into the corral of questioned document examination/handwriting analysis.. not to be confused near graphography..anyways.. i also like criminal even-handedness (but im not the best at science/DNA stuff)
/criminal invesigation. i want to do something with law/criminals.. but not be a attorney!
if you know a QDE or are one /similiar occupation.. please email me or desribe it here!
*please dont post WIKI answers or tell me to google it. anyone can do that.
Answers: In my experience as a criminal defense attorney, handwriting analysis is going route, way out of style because it is such an inexact science. It really is unused much anymore, so I would advise you to stay away from that. Of course, if you've done some research, in attendance is more to document examination than of late handwriting analysis. . .particularly when it comes to determining the authenticity of a document. Look into criminal sprite and criminal investigation careers. I own dealt near many investigators contained by my time, and we can always use apt investigators on both sides of the law (prosecution and defense). The problem next to most forensic fields is that they do rely heavily on science. Believe it or not, sociology is another honest field to try for criminal sprite, particularly when it comes to funds cases. Capital defense attorneys frequently hire sociologists to testify during the sentencing hearings and also enjoy "mitigation specialists," who usually have sociology majors, on staff to give support to investigate mitigating evidence.
If I need to write a settle and ask him some questions more or less an old skin of mine and I may need to no the arbiter
Do I need to write the adjudicate that was on that valise at that time or any judge.Answers: If the intercede who presided over your case is still on the bench, afterwards write that judge. However, if he/she is no longer a sitting referee, write the judge who is currently sitting surrounded by that division.
Depends on the subject matter, but within any case, you probably won't go and get any response at all.
Judges aren't allowed to communicate beside one party outside the presence of the other carnival. So, your letter will probable just achieve filed surrounded by the file, and they won't even speak about you.
If what you need to know would merely be known to the style guru on the case, you have need of to send your communication to that judge. He may be unmoving, retired, off the bench, or still on the bench. Who know?
In any event, don't expect much.
** Note: This is a general discussion of the subject concern of your question and not legalized advice. Local law or your particular situation may silver the general rules. For a specific answer to your sound out you should consult legal counsel next to whom you can discuss all the facts of your armour. **
You don't get any attention writing packages to judges. If you want to correct something, you will need to directory a petition or motion of some kind.
But we cannot let somebody know you more since you don't say where on earth you are or what you are trying to accomplish.
Call the Clerk of the Court to make sure your profile is still in the court and have not been sent to storage. You can review your travel case file which should provide you near the answers you need and you can catch copies made of almost any documents you want for a fee.
If this doesn't answer your question, see the lawyer who represented you or find a legal representative to explain things to you. Generally, a Judge is not the person you ask to explain something going on for an old satchel.
Does anybody know of any sites where I can carry free "Case Law" info.from?
I need a copy of:Salvador v. Dept. of Corrections, 378 N.J. Super. 467,49 (App.Div.), certif. 185 N.J. 295 (2005).
Answers: There are a few free network sites for case directive (including findlaw) but they generally just have the better state court cases and federal cases. You can also go to the court's pattern site and sometimes they have decision there. For other cases and official materials, you can also try Cornell's web site which maintain a limited free bag law database: http://www.law.cornell.edu/co.html, and Washburn Law School's official resources website: http://www.washburn.edu/washburn/gen/was...
I was competent to pull the 2 cases for you so I've copied and paste them below. The substantive opinion (378 NJ Super 467) is first and the records case is second.
FIRST CASE
378 N.J.Super. 467, 876 A.2d 309
Superior Court of New Jersey,
Appellate Division.
Roberto SALVADOR, Appellant,
v.
DEPARTMENT OF CORRECTIONS, Respondent.
Submitted June 8, 2005.
Decided June 22, 2005.
Background: Inmate sentenced underneath No Early Release Act (NERA) sought judicial review of administrative determination of Department of Corrections denying his application for commutation and work credits against his period of parole.
Holdings: The Superior Court, Appellate Division, Newman, P.J., held that:
(1) inmate be not entitled to credit against his interval of parole supervision for commutation credit, and
(2) inmate's claim of entitlement to work credits was premature.
Affirmed.
West Headnotes
[1] KeyCite Notes
284 Pardon and Parole
284II Parole
284k67 k. Effect of Parole; Duration. Most Cited Cases
Inmate sentenced beneath No Early Release Act (NERA) was not qualified to credit against his period of parole supervision for commutation credit. N.J.S.A. 2C:43-7.2(c).
[2] KeyCite Notes
284 Pardon and Parole
284II Parole
284k67 k. Effect of Parole; Duration. Most Cited Cases
Person convicted of a No Early Release Act (NERA) offense must serve a five-year permanent status of parole supervision. N.J.S.A. 2C:43-7.2(c).
[3] KeyCite Notes
310 Prisons
310k15 Reduction of Term of Imprisonment and Discharge for Good Conduct
310k15(4) k. Computation of Credit. Most Cited Cases
Inmate's claim of entitlement to work credits was premature, where on earth inmate sought credits prior to expiration of his mandatory minimum term. N.J.S.A. 30:4-123.51(a), 30:4-92.
**310 *468 Roberto Salvador, appellant pro se.
Peter C. Harvey, Attorney General, attorney for respondent (Patrick DeAlmeida, Assistant Attorney General, of counsel; Lisa A. Puglisi, Deputy Attorney General, on the brief).
Before Judges NEWMAN, AXELRAD and BILDER.
The view of the court was deliver by
NEWMAN, P.J.A.D.
This is an appeal by Roberto Salvador, an inmate at East Jersey State Prison, serving a prison term next to an eighty-five percent mandatory minimum pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2(c), from the denial by the Department of Corrections of his application to have commutation and work credits which, because of the minimum occupancy, cannot be credited to reduce his term of incarceration, awarded instead to reduce his parole extent and/or to form a basis for monetary compensation.
On December 17, 1999 Salvador, have pled guilty to a charge of robbery, N.J.S.A. 2C:15-1, was sentenced to a possession of ten years with a NERA minimum of eight years, six months and two days and a five year permanent status of parole supervision upon release. He received ninety-two days jail credit.FN1
FN1. The acumen of conviction recites ninety-one days but the Department of Corrections have credited Salvador with ninety-two days for time spent contained by custody prior to sentencing.
In accordance with its average practice, the Department of Corrections calculated and gave Salvador 966 days of commutation *469 credits to which he would be entitled on his ten year sentence. In ornament he has earn 220 days of work credits. Because of the minimum term, these credits cannot use up his period of incarceration below the eight years, six months and two days. Salvador's mandatory minimum permanent status expires on March 18, 2008.
[1] Here, Salvador does not request a reduction of his mandatory eighty-five percent minimum residence under NERA. Nor can he do so beneath our prior decision. See Meyer v. New Jersey State Parole Bd., 345 N.J.Super. 424, 430, 785 A.2d 465 (App.Div.2001), certif. denied, 171 N.J. 339, 793 A.2d 717 (2002) (holding that the clear and unambiguous mandate of the Legislature requires a soul convicted of NERA offense to serve the eighty-five percent of the sentence imposed before becoming eligible for release). However, within Meyer we left sympathetic the question of whether any credit awarded to an inmate can be applied to make smaller a period of parole supervision. We are immediately called upon to address that issue.
[2] N.J.S.A. 2C:43-7.2(c) unequivocally states that
[A] court notable a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this fragment shall also impose a five-year occupancy of parole **311 supervision if the defendant is being sentenced for a crime of the first level, or a three-year term of parole supervision if the defendant is individual sentenced for a crime of the second degree.
[ (Emphasis added) ].
Comparable to the eighty-five percent mandatory parole ineligibility requirement, NERA offender are subject to a mandatory five-year period of parole supervision. We repeat our position stated within Meyer, supra. In our view, the Legislature have spoken in clear and unambiguous lingo that a person convicted of a NERA offense must serve a five-year residence of parole supervision. To adopt Salvador's view would be inconsistent next to that clear legislative intent.
Salvador cites State v. Freudenberger, 358 N.J.Super. 162, 817 A.2d 371 (App.Div.2003) for the implicit proposition that credits earned by inmates may be applied towards the time of year of parole supervision. Not so. Specifically, Salvador points to our statement that “[m]ost NERA inmates will accumulate sufficient credits *470 to ‘max out’ and be released straight away upon completion of their 85 parole bar.” Id. at 169, 817 A.2d 371. This continues to be true. Commutation credits earn by inmates can be applied towards the remaining fifteen percent of their sentence. Thereafter they are released from incarceration. However, pursuant to N.J.S.A. 2C:43-7.2(c), defendant remains in “release status surrounded by the community in the legalized custody of Commissioner of the Department of Corrections and shall be supervised by the State Parole Board” for the mandatory five-year term. Freudenberger does not lend any support to the markdown of the mandatory period of parole supervision.
We authorize the incongruity between receiving commutation credits and the mandatory sentences of NERA. However, it is beyond our authority to provide a remedy within this situation. We must presume that the Legislature is familiar beside its own enactments and consequences. State v. Austin, 335 N.J.Super. 486, 491, 762 A.2d 1052 (App.Div.2000), certif. denied, 168 N.J. 294, 773 A.2d 1157 (2001). As such, we are bound by the legislative enactment and must deny defendant's request to diminish his term of parole supervision by his commutation credit.
[3] With respect to the work credits, Salvador's claim is premature. “[C]ommutation and work credits shall not contained by any way shrink any judicial or statutory mandatory minimum term and such credits accrue shall only be awarded subsequent to the expiration of the permanent status.” N.J.S.A. 30:4-123.51(a) (emphasis added). The work credits will be awarded at the expiration of his mandatory minimum term. At that time he may be entitled to transfer of funds for work he performs for which he does not receive the benefit of remission of his sentence. N.J.S.A. 30:4-92.
Affirmed.
N.J.Super.A.D.,2005.
Salvador v. Dept. Of Corrections
378 N.J.Super. 467, 876 A.2d 309
END OF DOCUMENT
Second Case (Certification)
185 N.J. 295, 884 A.2d 1265 (Table)
(The verdict of the Court is referenced in the Atlantic Reporter surrounded by a table captioned “Supreme Court of New Jersey Table of Petitions for Certification”.)
Supreme Court of New Jersey
Roberto Salvador
v.
Department of Corrections
NOS. C-161 SEPT.TERM 2005, 58,325
October 07, 2005
Lower Court Citation or Number: 378 N.J.Super., 467, 876 A.2d 309
Disposition: Denied.
N.J. 2005.
Salvador v. Department of Corrections
185 N.J. 295, 884 A.2d 1265 (Table)
END OF DOCUMENT
Here are 2 sites I found that might be helpful to you:
http://www.lexisone.com/caselaw/freecase...
and
http://www.findlaw.com/
http://www.findlaw.com/casecode/
and
http://www.findlaw.com/11stategov/nj/law...
Go to your closest imperative library. There are many databases that will provide them, but you usually have need of a subscription.
Does any one else regret answering political questions on Y!A?
Sometimes I regret answering politicaly charged question because I fear twisting up on some FBI/NSA list.Answers: Fear of losing our rights is even more of a motivation to keep speaking our minds.
Be brave!
I outstandingly doubt the FBI would care what you own to say unless you're making threats.
And no, I don't regret it.
It would be a long chronicle.
Which would result in seriously of waterboarding...
Nah. Unless you put in some keyword combination, you should be fine. I've see some idiots make some really crazy posts.
there's a institution of thought which believes you're more likely to be on a schedule if you subscribe to some conspiracy 'truth' site TBH e.g. Alex 'blame the Mexicans, Chinese, Arabs' Jones -there's those who believe that those are designed to ensnare and gather intelligence on those who they know are grilling the official scam.
It's your freedom of speech which they fear most -- which is why you must exercise it - silence is their best ally not ours.
Am i eligible for pretrial diversion?
I've had this until felony charge (entering auto) against me since april 2005. i've got court within jan 2008. My lawyer who be appointed to me said that he could get it dropped to a misdemeanor and 12 mths probation. wouldnt it be better if i could carry a pretrial diversion maybe afterwards i could get it dismissed after that. This is also my first offense.Answers: You might be able to gain diversion, but I would take a misdemeanor over diversion. While diversion does eventually bear the charge off of your transcription, you will still be stuck with a felony charge on your history for a period of time. Also, diversion period tend to be longer periods of time since dismissal than the 12 months probation. For example, in my jurisdiction, diversion last anywhere from 3-5 years. That's a long time for something to go wrong and the diversion traffic rescinded. Check with your advocate, but I'll bet you can get that misdemeanor conviction expunged past its sell-by date of your record after 5 years anyway as long as you stay out of trouble. You can within most states.
Since your lawyer is adapted with adjectives of the aspects of your individual case and know the law as it applies to your armour, why not ask your lawyer? Any answer here would be a guess. Part of the agreement to plead down to a misdemeanor may enjoy included no diversion program.
What is the legal age within Windsor ON, Canada for tattoos?
Would like to know by subsequent couple of days because in 2008, adjectives US citizens will be required to have a passport next to them while crossing the border into Canada.Answers: You are wrong about the passport, they will not be required, and the correct answer is 18.
18
How long is too long to remain in the guest room when you call in your in-laws?
My mother-in-law stated that I didn't come down often plenty when we went to look in her. In my defense it was a 14 hr drive and after wise saying hello to everyone I went straight to sleep for give or take a few 12 hrs. When I finally did wake up and step downstairs no one be really around anyways, if there be someone there not a soul was doing anything or paying any attention to us because some other friends have stopped by. Was it so wrong that I stayed for a while and then go back upstairs?Answers: Maybe your mother-in-law would close to you to get to know her friends and enjoy them get to know you.
By going fund upstairs, you showed you weren't interested in that and that may enjoy hurt some feelings.
It might be a apt idea to assist more in the household happenings.
Just speak about them you are going back to sleep to rest. As long as they didn't net any big plans, and you aren't expected to be helping out in any passageway...go relax!!
But since you are the caller, why not talk to your spouse more or less it first?
You are rude and spoiled. Weren't you raised to respect your in-laws. Bet you don't treat your Mom that track.
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