Is A Ny Conviction For Criminal Sale Of Marijuana In

Is A Ny Conviction For Criminal Sale Of Marijuana In The 4th Degree An Aggravated Felony

In Martinez, the Respondent was convicted twice for the same conviction at issue here, that being criminal sale of marihuana in the fourth degree, a misdemeanor, in violation of N.Y. Penal Law 221.40. In Martinez, the issue was whether despite these convictions the Respondent was eligible to apply for Cancellation of Removal or whether he was ineligible as an aggravated felon. In Martinez, the Court held that 221.40 is not an aggravated felony and the burden is not on the Respondent convicted of such a crime to show that he is not an aggravated felon.

In their analysis the Second Circuit acknowledged that NYPL 221.40 is a broad statute, that covers any form of transfer of a controlled substance, whether or not the transfer was for money. In fact the term sell as defined by the statute means, means not only to sell but also to exchange, give or dispose of to another. NY Penal Law 220.00(1). Merely giving or disposing of marijuana is not the equivalent of a federal drug felony. Steele v. Blackman, 236 F.3d 130 (3rd Cir. 2001). Likewise, since under the statute NYPL 221.40 could have been for any form of transfer of as little of two grams of marihuana, the minimum conduct of which Respondent may have been convicted is of a different type more akin to simple possession than to provisions intended to cover traffickers. Martinez, citing Outen, 286 F.3d at 637. As the categorical approach requires, this court must look no further than to the fact that [Respondents] conviction could have been for precisely the sort of nonremunerative transfer of small quantities of marihuana that is only a federal misdemeanor under 21 U.S.C. 841(b)(4).

Further, in Martinez, the Second Circuit displaces any notion that the burden is on the Respondent to show that his conviction under NYPL 221.40 is not an aggravated felony by stating that Respondent is not required to prove, how little marijuana he had or the nature of the transfer, so long as his conviction could have been based on a nonremunerative transfer of a small amount of marihuana.

Moreover, it is well established that in applying for Cancellation of Removal the applicant must show eligibility and as such cannot be an aggravated felon. Regarding any potential argument that because a Respondent is convicted under NYPL 221.40 he has not met this burden in showing he is eligible for Cancellation of Removal, the Second Circuit stated.

The Government makes one additional and rather startling argument. It contends that under 8 U.S.C. 1228(c)(4), [Respondent] bears the burden of proving that he is eligible for Cancellation relief, he has to show not only that he has not committed an aggravated felony, but also that the particular conduct which led to his conviction in state court would not qualify as a federal felony. This argument flies in the face of the categorical approach insofar as it requires any alien seeking cancellation of removal to prove the facts of his crime to the BIA. Although an alien must show that he has not been convicted of an aggravated felony, he can do so merely by showing that he has not been convicted of such a crime. And, as we have discussed supra, under the categorical approach, a showing that the minimum conduct for which he was convicted was not an aggravated felony suffices to do this.

The Second Circuit goes on to hold that, the BIA erred by placing the burden on [Respondent] to show that his conviction was the equivalent of a federal misdemeanor. We further hold that his conviction for a violation of NY Penal Law 221.40 establishes nothing more than a crime punishable [as a Federal misdemeanor].

Thus, under Martinez in the Second Circuit and Thomas in the Third, a conviction under NYPL 221.40 is not an aggravated felony and he is eligible to proceed with his application for Cancellation of Removal.

Custody And Visitation Issues Often Arise In Situations Other Than

Custody And Visitation Issues Often Arise In Situations Other Than Divorce

In todays culture, child custody and visitation considerations take place in scenarios other than divorces. Custody and visitation rights need to be set for couples seeking divorce, grandparents, step-parents, former partners, and parties of extramarital affairs and one-night stands. In each of these situations, the Courts are considerate to the rights of the parties and the rights and best interest of the children involved.

In all child custody cases, the parties should understand their legal rights and the process by which a family and domestic relations court will set up child custody and visitation. Custody and visitation laws and application of them are fluid, i.e., always shifting and being revised. If you're not up to date on the most current laws governing child custody, you could end up confused and frustrated. A Virginia Beach lawyer for child custody and visitation could be a beneficial resource to you.

In Virginia, courts always make custody and visitation decisions determined by the best interest of the children. A great number of times, the parties will discover these interests might not be in sync with their own. Rulings of the court might impose schedules and requirements on the parties they failed to anticipate, such as visitation, travel, school activities and extracurricular functions. One more common subject is child support and other financial responsibilities. The court may order child support to be paid, or decreased in some circumstances, and may require one party to pay for education and other social functions, such as sports activities or boy/girl scouts. Yet again, these requirements may be unforeseen and have an adverse impact on the lives of the parties.

Moreover, one of the parties may have negative personal feelings against the other party. For example, one of the parents might not care for the grandparents of the child. In situations of extramarital affairs or one-night stands, there might not be any relationship between the parents of the child. In these situations, the court will usually look beyond the relationships between the parties and focus primarily on the interests of the children. You might find that you're going to be expected to maintain a civil relationship with a person you otherwise would not so that your children will have a relationship with the other party.

To better help the court in determining what's in the best interest of the children, the court might appoint a Guardian ad litem (GAL) for the children. A GAL is often an attorney who is experienced in family law. Given that most courts usually do not favor testimony from involved children, and in many instances they are too young to do so, this lawyer is appointed to represent their views. A GAL will visit the children in a more comfortable environment, for example their home, school, or in the attorney's office, and make an effort to gather from the children what their feelings are on the custody and visitation. Sometimes a child might not want to associate with the other party. A GAL might be able to assess if this is resulting from some real complaint, such as abuse, or is it as a result of alienation by the other party.

In determining what is in the best interest of the children, courts use a number of factors which have been determined appropriate by the state legislature. Additionally, a judge may look at other matters not specifically explained by statutes. Every child custody and visitation case is different in its facts. Not every factor may apply in a particular scenario, and not every factor may be favorable to you and your case. In order to have a greater understanding of the issues and how the law is going to be applied to your situation, it is best to always speak with a child custody lawyer in Virginia Beach.

Columbus Ohio Family Lawyers And Their Legal Services

Family law has been devised to protect the rights of a family and every family member. Family law helps people to sort out their problem in different aspects related to family affairs. In Delaware, Ohio and Columbus, Ohio there are many law firms dealing with family law. Problems related to family are very sensitive issues and so they should be handled through experienced family lawyers. You should seek out legal advice from the best Delaware Ohio family lawyer or Columbus Ohio family lawyer for representation of your case.

Family law generally deals with issues related to the family and domestic problems. Family lawyers handle a wide range of cases involving domestic relations, spouses, and children and parents. They also settle divorce, child custody, child support, guardianship and adoption, paternity, and even domestic partnership. Any issues pertaining to these kinds of family matters can be resolved under the family law regulations. There are certain jurisdictions that the lawyer must cater to while dealing with these cases.

There are so many family law attorneys in Delaware, Ohio and Columbus, Ohio who are committed advocates for families and individual members. They offer valuable consultation to families facing legal problems. Make sure that you contact with a Delaware Ohio family lawyer or a Columbus Ohio family lawyer who is a law specialist and has a good amount of experience in family law matters.

Whichever lawyer you choose the clients need to feel that they have a strong advocate and must be able to gain their confidence. The Delaware Ohio family lawyer or the Columbus Ohio family lawyer must have the legal expertise to apply them vigorously in the best possible interests of their clients. The lawyers need to be very hardworking and dedicated.

There are some good Delaware Ohio family lawyers and Columbus Ohio family lawyers from whom you can expect competent legal advice and customized services while addressing family problems. Many have reasonable fee structures that make these services accessible to a wide range of people.

Irs Tax Resolution Assistance

Trying to Find Tax resolution tips

Ones greatest alternative for getting irs tax resolution best to your account along with your family members would be to obtain tax consultant to assist someone throughout any transactions in the internal revenue service(irs). Retaining a consultant will give you an apparent image within what the i-r-s could plus are unable to you should, and when you might have an honest assessment of irs tax resolution assistance designed to people, you are able to continue with seeking essentially the most advantageous selection.

If going with a tax consultant could be an excessive amount of the monetary reach for yourself inside your present scenario, think about obtaining expertise of any experienced tax advisor and also (irs) tax accountant. A irs tax professional may be a person that has a apparent idea of a good Tax law that will advise you with certain irs tax resolution help but will not likely be just as much as the tax attorney.

Although a federal tax accountant can be a lot more qualified with help you with some prep of the return, he / she just might offer quite a few tips with regards to irs tax resolution according to a comprehending of the financial situation.

You'll be able to do something right away within getting the irs tax relief by way of proceeding online and asking a person that can give tax relief suggestions. You may have moved as far as it is possible to with your private investigation of one's loopholes, plus a tax company is able to relay to you, professional ideas on your best method.

Staying away from any IRS tax resolution Complications

The best ways to handle the challenge associated with irs tax resolution, however, is usually to stop it of turning out to be a dilemma to begin with. Obtain the qualified guidance when you do your irs taxes, rather then waiting for those mistakes in addition to flaws to be able to begin.

Hire any tax representative and still provide them of all of your economic irs records from the previous yr whether or not you think that they are critical. Maintain the irs records arranged, therefore you will not be repaying the tax professionals to re-order your restaurant receipts. Start practicing financial responsibility, & tax help need under no circumstances actually be a concern.

IRS Tax Resolution Assistance.

Child Support Getting The Money You Deserve

Taking care of your children without the benefit of child support is difficult. The expense that children accumulate is often overwhelming including their medical bills, school costs, and even the food and clothing they constantly require. Instead of trying to take on the burden alone, it is important to track down the other responsible parent and seek out financial assistance. There are a variety of different local agencies and attorneys that are willing to work with people looking to track down the non-custodial parent and financial assistance.

Locate a Local Agency or Law Firm:
Each state has different agencies that work with individuals seeking child support. In these situations, a claim is filed and the non-custodial parent is tracked down. Before going down to the agency, consider looking up the necessary information or making phone calls to learn more. There is a good chance that you may have to wait in line before seeing someone about your situation. You want to be prepared and have all of the information you need upfront.

If you already know this person's name and his or her whereabouts, it makes the search a little easier. The more details you have the better including the person's phone number, address, last place of employment or even a social security number. If you are working with a child support attorney, this information will be turned over to the firm.

Proof of the Child's Existence:
It may seem strange but you must be able to prove that you have children that are the subject of the child support claim. While bringing them to the agency or law firm is great, you will need to be able to show a birth certificate and a social security number. If the birth certificate has the name of the non-custodial parent, there is a good chance that your financial claim will go through. If the man is not mentioned on the birth certificate, there are still ways to prove paternity and responsibility.

Going to Court:
While ideally people want to handle these things outside of court, sometimes there is just no way around it. An agreement must be reached between you and the non-custodial parent with the help of a legal representative. The agreement should be legally binding. There are times when a question will arise about whether or not the non-custodial parent is actually the father. In this case, the potential father and the children will need to undergo DNA testing to find out for sure.

Receiving the Funds:
Once the court orders child support, there is no guarantee that you will receive the money. In fact, many parents find that they need to work with enforcement agencies to receive the funds. In some cases, the non-custodial parent will have wages garnished in order to live up to the financial agreement.

Burbank DUI Attorney Saves Client From Mandatory Jail

If anyone has ever been convicted of a DUI and then subsequently gets arrested and charged with a driving on a suspended license, they should know that the laws in California mandate that they must serve no less than 10 days in jail.  What few people realize though is that there are loopholes in the law that may permit a person accused of such a crime to avoid the jail.  Recently, in one case Burbank DUI Attorney Matthew Ruff was able to get his client a "lesser charge" thereby freeing him from the jail time that would ordinarily be imposed on a charge of Vehicle Code section 14601.2.  Indeed, the California DUI Laws do state that "anyone convicted of driving when their license has been suspended for a DUI, shall be required to serve no less than 10 days in the County Jail".

With that being said, if the charges are reduced down to something less, no jail is required.  In the recent Burbank DUI case mentioned, the defendant walked out of Court and simply was required to pay a fine.  The legal community recognizes that the efforts of competent attorneys will benefit criminal defendants and if the case is not fought than the accused cannot expect anything less than what the state of California dictates.  The lesson learned is that anyone charges with a driving on a suspended license after so being convicted of a DUI should consult with counsel and with any hope can keep themselves out of jail.

IRS Tax Relief IRS Tax Attorneys to the Rescue

The largest benefit with regard to obtaining an IRS tax attorney is that they assist in dealing with a good audit for their clients. IRS tax attorney can provide precise legal counsel concerning the tax laws when they are asked for such info. It is extremely important because tax instances could be incredibly severe issues once they include leading businesses as well as companies that cope with huge amounts of economic expense. IRS tax attorney knows the truth that excellent state, federal and even local taxes affect your money with techniques that many individuals in no way consider. For instance, if you wish to establish pension accounts that you could ultimately derive funds from someday, a tax lawyer will understand how to assist you to achieve this inside a well-timed as well as a competent method. IRS tax attorney will help you understand and deal with the actual comprehensive and complicated tax law statutes that affect your current finances.

An IRS debt tax attorney is aware of and comprehends the present Internal Revenue Service taxation guidelines. Yet sometimes over and above that, an attorney devoted to tax negotiations on terms remains present on taxation law alterations. This will be significant whenever attempting to handle the Internal Revenue Service.


As the Statement of Principles identifies that nonlawyers might be accepted to rehearse before the Tax Court, it says that a CPA ought to counsel a client that has acquired a notice of deficiency to see a lawyer, since the customer ought to be recommended of the potential of litigating the problem via a reimbursement suit in the district courtroom of the Claims Court instead of the Tax Court. Whenever a CPA discovers that a customer is being looked into for feasible felony infractions of the tax laws and regulations, he or she ought to quickly recommend the customer to find the recommendation of a lawyer regarding the client's lawful, constitutional privileges and also the associated rights. A lawyer can beg a taxpayer's situation in a court of law. Within restricted instances, a CPA can produce a demonstration to the Court, however this really is not recommended specifically if the accountancy firm geared up the tax return under consideration.

The IRS wants the complete amount of payment including interest and penalizations. The reason why you might not see results if you've tried working with the IRS directly is because they are not really interested in tax debt settlement. The agent is not going to offer a compromise, a tax reduction, or penalty abatement simply because you did the right factor by reaching them. Chances are the agency will observe if you were to bid for tax relief in order to know how ample you recognize such issues.


An attorney stands for their clients in front of the law. This is to free the taxpayers from the required legal formalities involved in paying delinquent taxes and additional fees. The job of a tax attorney is to detect the way-outs for the client or taxpayer. This is to ensure that they are not over-burdened with the extra amounts of taxes that are made incorrectly predisposed by the law.

Get a hold of a veteran tax attorney to be familiar with ways to correct your IRS tax issues. Tax attorneys can assist you to overcome your IRS tax setbacks. By using a cut-throat tax relief company as well as many years of working experience right behind you, you will get precisely what is vital to get hold of tax comfort.

There is lots of third-party companies that are prepared to carry out the actual function for you personally. As soon as you look for tax relief, conference with the IRS every once in awhile is important. If you would like reconcile your back taxes with the IRS speedily, you should have the skills just like tax attorneys. These types of specialists have undertook studies of the tax laws and regulations for a long time, so they possess much better comprehension of the ideal answer designed to benefit your unique case.

The IRS tax attorneys can certainly avert the tax challenges within the point in which the predicament have not quite possibly happen to be reared. Seeing that an IRS tax attorney is familiar with just what exactly most of things to do for the particular businessman will bring about tax corresponding complications, this individual in actual fact reports the businessman with engaging in these types of factors and consequently facilitates in staying away from many of the tax concerns. The career of such tax attorneys is related to that of a financial advisor particularly considering they are estimated to generally be as vital as one another.

In giving the qualifications of every tax settlement, the IRS has an established set of methods. A tax attorney or tax professional does not only negotiate for you but also hold you updated with your continuing tax case and the advantageous claims you are competent for so you would have a sensible supposition in resolving your tax problem. You should be mindful of what your feasible tax settlement alternatives are.

For those who have by mistake fallen within the black pit of an Internal Revenue Service review, you certainly need to have an IRS tax attorney to direct you into the sunshine. Endeavoring to deal with this kind of combat by yourself could well be exceptionally unreasonable; you are likely to call for all the assistance you can obtain to go up in resistant to the most terrifying department of the governing administration.

You can actually get in touch with the IRS professionally to make sure that just about any Internal Revenue Service office staff is registered. It's not necessary to furnish different types of specifics to just about anyone of which personal message or telephone calls you, claiming that they are belonging to the IRS before you thoroughly confirm their declaration. You should be discussing your details with a certified IRS tax attorney instead.