Author: Donna White

Hi I am Donna, I am 25 years old from Louisville, KY. I just started a job with local new agency as a part time job. I love my profession.

Arrested in Warren? Questions About Bail Bonds You May Have

On By Donna WhiteLeave a comment

If someone you know has been arrested in Warren or elsewhere in Macomb County, you probably have many questions about bail bonds. We at Detroit Bail Bonds have heard them all, so don’t be afraid to ask us any questions you may have. Having the answers will enable you to make the right choices for the future, and that’s what we want for you.

Common Questions About Bail Bonds

Each case is different, so your questions may be unique to your particular situation. However, following are some of the questions we often hear from defendants and their loved ones, along with the answers.

1. What types of bonds are available?

Most commonly, there are four types of bail bonds:

  • Cash: The full amount of bail is paid to the court. If the defendant shows up for all court hearings, you will generally get all your money back.
  • Surety Bond: You pay a bail bond agency a fee of about 10 percent, and they pay the bail. The difference is that with a surety bond, you don’t get the fee back at the conclusion of the case.
  • 10 Percent Cash or Surety: Only 10 percent of the full bail amount is required.
  • Personal Recognizance: You’re released without having to pay bail. This usually only happens when the offense is relatively minor and there is little to no concern that the defendant won’t return.
If someone you know has been arrested in Warren or elsewhere in Macomb County, Michigan, you probably have many questions about bail bonds.2. Will cosigning a bail bond hurt my credit score?

A bail bond is similar to other financial transactions, so it shouldn’t affect your credit any more than owing money on a credit card.

3. What happens after an arrest?

After someone is arrested, the first step is the booking process, which includes having fingerprints and a photograph taken. Next is the arraignment, which must occur within 72 hours after the arrest; generally, the arraignment serves as a record of the charges and pleas, as well as to set the bail amount. In felony cases, the preliminary examination of the evidence against the defendant occurs about two weeks later. If the judge finds sufficient evidence for the case to proceed, it will be sent to the county circuit court, where a variety of hearings will take place leading up to the trial. If the alleged crime occurred in Warren or anywhere else in Macomb County, that means the case will be sent to the Macomb County Circuit in Mount Clemens (16th Judicial Circuit Court).

4. What if my friend does not appear in court?

When you cosign a bail bond, it’s basically your assurance that the defendant will return to court. If the defendant skips bail, you won’t get your money back, and the bail bond agency could have the right to send a skip tracer to find the fugitive.

5. Can a bail bondsman negotiate the cost of bail?

No. Only a judge can decide to change the bail amount.

Ask Us the Rest of Your Questions

If you have other questions about bail bonds, feel free to contact us to learn more. We can be reached through our Detroit Bail Bonds website, by phone at (313) 244-0669, or by email at info@detroitbailbonds.com.

Contact Detroit Bail Bonds if you need a bail bond to get someone out of jail in Warren, Michigan.

 

The post Arrested in Warren? Questions About Bail Bonds You May Have appeared first on Detroit Bail Bonds | Top Bail Bondsman Company in Michigan.

Source: https://www.detroitbailbonds.com/2019/02/26/questions-about-bail-bonds-warren-michigan/

Beyond a Reasonable Doubt: What Does that Really Mean to Jurors?

On By Donna WhiteLeave a comment

During a full trial, prosecutors must prove “beyond a reasonable doubt” that the defendant committed the crime. When jurors determine their verdict of guilt, they have to do so beyond a reasonable doubt.

But what does that really mean? Does it mean more than meets the eye? And who is to say what “beyond reasonable” is?

What is Beyond a Reasonable Doubt?

Before prosecutors present their cases, jurors are informed about how to decide on the case. Determining guilt beyond a reasonable doubt protects everyone involved, including the jurors, the defendant, the attorneys, and even the taxpayers who are paying for the cost of the trial.

Clearly, the rule exists to ensure innocent people aren’t sent to prison, but it also provides some peace of mind for the jurors and anyone else involved in the case.

The jury must determine if a prosecutor proved beyond a reasonable doubt that a defendant committed a crime.

In order to show beyond a reasonable doubt that the defendant committed the crime, the prosecutor’s “burden of proof” is based on several principles:

• Reasonable and Articulable Suspicion:

This is focused more on law enforcement officers’ initial reason for stopping the individual. It can’t be simply a hunch; officers must have a clear reason for stopping the individual.

• Probable Cause:

A sufficient reason to believe a crime has been committed should be based on facts. An individual should not be arrested without probable cause being established.

• Preponderance of the Evidence:

The weight of testimony that may reveal the truth of the case is considered. This is about quality over quantity.

• Clear and Convincing Evidence:

The evidence must be highly and substantially more likely to be true than untrue.

While beyond a reasonable doubt can be subjective, the four other burdens are more objective, although they can be debated as well. A case that solidly presents the first four therefore may culminate in the ultimate conclusion of guilt.

The Trial Process

If you have recently been arrested in Michigan, Ohio, or Indiana, you probably have many questions about what will happen in the days ahead. See our Detroit Bail Bonds blog page for general, basic information about arrest procedures, bail bonds, and the court process.

(The blogs are for informational purposes only and should not be considered as legal advice. For more detailed information about the trial process or any other legal matter, consult with a qualified attorney.)

See our Detroit Bail Bonds blog page to learn more about Michigan crime news, the bail process, and general legal matters.

 

The post Beyond a Reasonable Doubt: What Does that Really Mean to Jurors? appeared first on Detroit Bail Bonds | Top Bail Bondsman Company in Michigan.

Source: https://www.detroitbailbonds.com/2019/02/24/what-is-beyond-a-reasonable-doubt/

Married Parents, Not DNA, Determines Citizenship

On By Donna WhiteLeave a comment

Here’s a legal riddle: How can two twins, born four minutes apart, be citizens of different countries? Not because they were born in different countries or to different mothers. And not through any “separated at birth” shenanigans. No, it was because the U.S. State Department determined they had slightly different DNA — one twin from a father who was a U.S. citizen, and the other from a father who was not.

But a federal judge has ruled that genetic material is not the determining factor in citizenship, meaning both twins are now U.S. citizens.

Fathers and Sons

Andrew Dvash-Banks is a U.S. citizen; his husband Elad is Israeli. The couple used a surrogate to have twins, fertilizing one egg with genetic material from each. According to their complaint filed in a federal court in California last year:

Both Ethan and Aiden were conceived and born during Andrew’s marriage to Elad. Andrew and Elad conceived the twins using their own sperm and eggs from the same anonymous donor. They used Elad’s sperm to conceive Ethan and Andrew’s sperm to conceive Aiden. A surrogate carried the twins to term together in her womb and gave birth to them moments apart on September 16, 2016, in Canada. Andrew and Elad are the only parents Ethan and Aiden have, and the only people Canadian law recognizes as Ethan and Aiden’s parents. Accordingly, Andrew and Elad have been the twins’ legal parents from the day they came into this world together.

But, for citizenship purposes, the twins weren’t treated the same. According to the Immigration and Nationality Act, children born to U.S.-citizen parents (even abroad) are automatically granted American citizenship. But State Department officials at the U.S. Consulate in Toronto wanted specifics. “She started off with, ‘Obviously the two of you had to use assisted reproduction in order to have your family,'” Andrew said, relating the story to NPR last year. “‘Tell me more about that. Tell me about who is genetically related to who.'” Ultimately, Aiden was granted a U.S. passport and Ethan was not.

Parents and Citizens

But a federal judge in California has ruled that inquiry was irrelevant. U.S. District Judge John F. Walter ruled that there is no language in the Immigration and Nationality Act “requiring a ‘blood relationship between the person and the father’ in order for citizenship to be acquired at birth.” Because Andrew and Elad were legally married at the time the twins were born, the law “does not require a person born during their parents’ marriage to demonstrate a biological relationship with both of their married parents.”

“This two-year nightmare is finally coming to a close,” Andrew told reporters last week. “Ethan has been recognized, as it should have always been, as a citizen at birth just like his twin brother.” Aaron Morris, the executive director of Immigration Equality and the family’s lawyer for the family, however, warned the same could happen to other families. “The State Department’s policies still exist,” Morris told NPR, and “it is likely that until they either dismantle it, change it or are ordered by a court to stop implementing the policy, that this will happen again to another couple.”

If you have immigration questions or have been denied citizenship, talk to an experienced immigration attorney.

Related Resources:


Source: http://blogs.findlaw.com/law_and_life/2019/02/married-parents-not-dna-determines-citizenship.html

Tax Time and Cybercrime: Scams to Watch Out For

On By Donna WhiteLeave a comment

Millions of us have gotten our W-2s and we’re getting ready to file our taxes. We may be worried about how much we owe, or excited to get our return. The only problem? Scammers know this, and are ready, willing, and able to take advantage of unsuspecting tax payers.

Whether it’s impersonating the IRS or impersonating you, cybercriminals will be active this tax season. So here’s how to stay safe.

The IRS Is Calling…

For years now, the biggest scam in Internal Revenue Service history has been criminals calling citizens and telling them they owe back taxes, all while pretending to be the IRS. The amount owed in any case may be different, but targets are often threatened with arrests, jail time, or even deportation if they don’t pay up. And the only way to pay is by debit or prepaid cards over the phone, or wire transfers. The scam cost taxpayers over $15 million in 2015, and has only gotten worse since. So if someone is demanding tax payment over the phone, hang up and call the IRS directly.

The Refund Loan…

You might also get a call offering you an advance loan on your tax refund. While not necessarily illegal, tax refund loans prey on poor taxpayers, promising instant access to their refund but charging exorbitant fees or up to 600 percent interest. Quick money might sound nice, but you’re better off waiting a week or two for that government check and getting all of it, rather than paying most to a predatory lender.

The Refund Hijacking…

Cybercriminals will also try to steal your identity to cash in on your refund. Once such operation used over 300 stolen identities to file their taxes and fraudulently collect their tax returns. The IRS warns taxpayers to be on the lookout for multiple tax returns using your Social Security Number, and to contact them immediately if you think someone has stolen your tax identity.

The Emails Regarding Your W-2…

In a newer spin on tax identity theft, cybercriminals have targeted small businesses as well as schools requesting W-2 information from HR and personnel departments. Once they have the W-2 information, including an employee’s or student’s name, social security number, and other identifying information. they use that to file their taxes and steal their refund. Make sure your school or boss isn’t giving out your W-2 info over email.

Related Resources:


Source: http://blogs.findlaw.com/law_and_life/2019/02/tax-time-and-cybercrime-scams-to-watch-out-for.html

When Is It Too Late to Report a Crime?

On By Donna WhiteLeave a comment

There can be some very good reasons to call the police and report a crime right away, like if a crime just occurred or someone could be a danger to the public. And there are some very good reasons to wait: maybe you fear retribution from the person committing the crime, or you’re not even sure if what you saw was related to criminal activity. But is it possible to wait too long?

Between mandatory reporting laws, statutes of limitation, and even accomplice liability, there are also some reasons to make sure you report a crime in a timely fashion. So, when does your time run out?

When Failing to Report a Crime Is a Crime

In some states, individuals who fail to report certain types of crimes to the authorities can be punished themselves. Ohio residents, for example, must report any felony. And in Texas you can be charged with a misdemeanor offense for failing to report any crime that resulted in serious bodily injury or death.

States also have mandatory reporting laws that apply to people who have frequent contact with children as part of their occupation. This can include teachers, doctors, day camps workers, and even dentists, and they are required to report any signs of child abuse or neglect. Failure to do so could mean criminal charges and penalties.

When You Could Be a Criminal

You might not even know you committed a crime. Did you really know Mike was going to use your borrowed tools for a burglary? And Sarah didn’t tell you she had a warrant out for her arrest when she crashed at your house last week. Accomplice liability and accessory after the fact laws could mean you’ll be charged with their crimes, unless you report them.

When the Clock Is Ticking

States have various statutes of limitations for criminal offenses, setting a deadline after which criminal charges cannot be filed. Generally speaking, the more serious the offense, the longer police and prosecutors have. Murder, for instance, has no statute of limitation. But for lesser crimes, if you want too long to report it, that could mean the criminal can’t be arrested, charged, or brought to justice.

If you think you may have witnessed a crime and are unsure of whether to report it to police, perhaps talk to a local criminal attorney first.

Related Resources:


Source: http://blogs.findlaw.com/law_and_life/2019/02/when-is-it-too-late-to-report-a-crime.html

Top 5 Misconceptions About Immigration Law

On By Donna WhiteLeave a comment

It seems like every day brings another story of a new immigration law or policy, increased deportation efforts, or, yes, a wall. And with all that news can come quite a bit of misinformation. So, how do you separate fact from fiction when it comes to immigration law?

Here are some of the most common misconceptions about U.S. immigration and naturalization law and policy, and where you can go for the truth.

1. I Can Be a U.S. Citizen as Soon as I Marry One

While U.S. citizenship is family-based and can provide an expedited path to citizenship for family members of citizens, it’s not quite automatic. New spouses of U.S. citizens must be eligible for citizenship themselves, apply for naturalization, and complete the interview and citizenship test. And bringing a spouse to live in the United States can also be complicated. Just beware of committing marriage fraud, as immigration officials are especially suspicious of weddings for citizenship sake.

2. I Can Get a Green Card as Long as I Have a Job

In most cases, it works the other way around: you will need an immigrant visa for permanent legal residency (also known as a “green card”) in order to live and work in the United States. Immediate relatives of U.S. citizens, other family members of citizens and permanent residents, and workers whose skills are needed in the American job market are eligible for green cards, so in some cases an employer may sponsor your green card.

3. I Will Be Deported If I’m Charged With a Crime

While criminal convictions can affect your immigration status, merely being charged with a criminal offense is often not enough to get you deported and exactly how convictions will affect your status will depend on your immigration status and the crime. For unlawful residents in the United States, any criminal conviction (or even an arrest) can get you deported. While lawful permanent residents will generally only be deported if they are convicted of aggravated felonies or a crime of moral turpitude, such as theft or fraud. Be aware that, in terms of immigration law, a guilty plea often has the same effect as a conviction.

4. The President Can Make Any Immigration Laws He Wants

It is true that the executive branch is given wide latitude when creating immigration policy, but the president can’t enact and enforce new immigration laws whenever he or she wants. While presidents may direct immigration, border, and national security enforcement agencies (and their enforcement policies), Congress has the sole authority to pass immigration legislation and the courts can review any administrative policies to make sure they are constitutional.

5. I Can Get Deported for No Reason

Based on news reports of ICE enforcement, it may seem that immigrants are being deported for any reason or no reason at all. Usually, however, that’s not the case. While immigration officials may initiate removal proceedings for anyone in the country in violation of national immigration laws, or certain state or local laws, you can’t be deported without reason if you are in the country legally. And if someone threatens to call ICE or have you deported, you have legal options.

Contact a local immigration attorney for help with your case.

Related Resources:


Source: http://blogs.findlaw.com/law_and_life/2019/02/top-5-misconceptions-about-immigration-law.html

When Is It Too Late to Get a Flu Shot?

On By Donna WhiteLeave a comment

Whether you’re trying to keep yourself healthy, keep young children and old relatives from getting sick, or you just need to do it for work, you might be thinking about getting a flu shot this year. But hey, it’s already the middle of February and spring is right around the corner. So, do you really need one? Or is it already too late to get one?

Here’s what you need to know.

Going Viral

According to the Food and Drug Administration, it’s never too late to get a flu shot. “It’s best to get immunized early in the flu season,” says the FDA. “The [Centers for Disease Control and Prevention] says all adults and children older than 6 months should get a flu vaccine by the end of October. Even if you waited until after October, go get your vaccine. It’s still beneficial.”

While flu activity peaks between December and February, various influenza viruses circulate year-round, and can crop up as late as May. As Lifehacker notes:

Take a look at the Centers for Disease Control’s data on flu activity so far this season. There’s clearly a lot of flu that hasn’t happened yet. In most years, flu activity peaks around February, although every season is a little different. The flu shot takes about two weeks to take effect, so the sooner you get it, the better. That’s why it’s best to get the shot before flu season starts–you’ll be protected by the time it rolls into your neighborhood. (That two-week window also explains why people sometimes feel like the flu shot gave them the flu, or that it didn’t protect them: if you came down with the flu in that two-week window, the shot didn’t have enough time to take effect.)

Flu Shots and Firings

If your boss is demanding a flu shot, you’ll probably need to comply. It is generally legal for employers to institute a mandatory flu shot policy, so getting a flu shot may be a precondition for employment, and, in some cases, employees can be fired for refusing a flu shot.

So if you’re thinking of getting a flu shot this year, it’s probably a good idea, especially if your job requires it.

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Source: http://blogs.findlaw.com/law_and_life/2019/02/when-is-it-too-late-to-get-a-flu-shot.html

Can President Trump Declare an Emergency to Build Border Wall?

On By Donna WhiteLeave a comment

Donald Trump campaigned on border security. One of his first executive orders as president directed “the immediate construction of a physical wall on the southern border.” And he allowed the federal government to shut down for three weeks to secure funding for wall construction. Now, according to Senate Majority Leader Mitch McConnell and White House Press Secretary Sarah Huckabee Sanders, Trump plans to declare a state of emergency at the southern border to finally get what he wants.

But does the president actually have the authority to force funding of the border wall?

The Power to Declare an Emergency

“President Trump will sign the government funding bill,” Sanders said in a statement, “and as he has stated before, he will also take other executive action — including a national emergency — to ensure we stop the national security and humanitarian crisis at the border.” That government funding bill did not include money for the wall, so Trump has apparently committed to securing that money by declaring a national emergency. But opinions differ as to whether that tactic will be successful.

“Under the National Emergencies Act of 1976,” writes NPR’s Tamara Keith, “the president can declare an emergency for just about anything.” A general Declaration of Emergency under the Act is more limited in scope than disaster declarations, and is often designed to prevent a major disaster from occurring. And, as co-director of the Brennan Center’s Liberty and National Security Program Elizabeth Goitein told the New York Times, there are two laws involving military construction projects that the president could invoke to fund and construct the wall once the emergency is declared.

The Power to Terminate One

But that doesn’t mean the wall is inevitable. Under the same statute granting the president emergency powers, Congress granted itself authority to terminate the emergency. As of last month, the statute has been invoked 58 time to declare national emergencies, with 31 of them still ongoing. Yet Congress has never terminated an emergency, and only threatened to do it once. George Miller, a former Democratic congressman from California, and others put forth a resolution in 2005 countering then-President George W. Bush’s plan to allow government contractors to pay workers less than usual for Katrina-related recovery projects. Bush eventually withdrew that measure.

In the current context, Democrats seem united against any additional funding for the southern border wall, so we can probably expect a similar showdown if Trump follows through with the emergency declaration.

Related Resources:


Source: http://blogs.findlaw.com/law_and_life/2019/02/can-president-trump-declare-an-emergency-to-build-border-wall.html

Immigrant Families Sue for Millions Over Separation

On By Donna WhiteLeave a comment

President Trump’s strong stance against illegal immigration has been clear from the very beginning. While many of his comments have been controversial, his administration’s policy of separating children from their parents at the border probably caused the most uproar. In fact, eight immigrant families who were affected by this policy have filed claims for millions in damages. The claim filed with the Department of Health and Human Services is the first step in suing the federal government as required by the Federal Tort Claims Act.

What Are the Families Claiming?

When the government began separating immigrant families trying to cross the border illegally, it said it was in order to prosecute the parents. The claim, however, alleges that the real motivation for the separations was to discourage immigration, particularly from Central American asylum-seekers. According to the claim, “the most senior members of the U.S. government intentionally chose to cause parents and small children extraordinary pain and suffering in order to accomplish their policy objectives.”

In their claim, the families say that U.S. government employees misled them and mocked them while taking their children away. They further claim that even after being reunited with their parents, the children are still traumatized. More specifically, the claim alleges that the separation policy was a violation of the families’ due process rights to family integrity under the Fifth Amendment. As per the American Immigration Council press release, who is representing the families, each family is seeking $3 million in damages.

Immigration is a complicated area of law, so if you have questions, it’s best to speak with a local attorney who can not only answer your questions but also help you file any necessary paperwork.

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Source: http://blogs.findlaw.com/law_and_life/2019/02/immigrant-families-sue-for-millions-over-separation.html

Will Your Tax Return Be Higher This Year?

On By Donna WhiteLeave a comment

There’s a lot of speculation out there about how President Donald Trump’s new tax plan, signed into law in 2017, will affect people’s tax returns this year. Millions of us might watch our tax refunds shrink or disappear completely. Some of us, apparently, will be buying a private jet.

Of course, how the law might affect your return specifically will depend on dozens of distinct factors, and you might see big changes or no changes at all. But here are a few tax law changes to keep an eye out for.

Bracketology

The first thing that affects your tax return is the rate of federal taxes that you’re paying on your income. (After that, state income taxes, deductions, and other factors come into play.) While Trump’s law keeps the same seven tax brackets as before, the rates and income levels at which they apply have been shifted a little. Single filers making less than $9,525 will pay 10 percent in federal income tax, and the brackets go up like this:

  • 12 percent on $9,525 to $38,700;
  • 22 percent on $38,700 to $82,500;
  • 24 percent on $82,500 to $157,500;
  • 32 percent on $157,500 to $200,00;
  • 35 percent on $200,000 to $500,000; and
  • 37 percent on $500,000 and higher.

For married couples filing jointly, anything under $19,050 will be taxed at 10 percent, and then:

  • 12 percent on $19,050 to $77,400;
  • 22 percent on $77,400 to $165,000;
  • 24 percent on $165,000 to $315,000;
  • 32 percent on $315,000 to $400,000;
  • 35 percent on $400,000 to $600,000; and
  • 37 percent on $600,000 and higher.

The biggest impact might be felt on middle income earners in the second- and third-lowest brackets who may see a higher rate than last year. Also, the federal tax rate for the highest earners dropped to 37 percent from 39.6 last year.

Dropped Deductions

There are also significant changes to the tax deductions you can claim this year. Deductions for interest on home equity loans, state and local taxes, dependent and personal expenses, and job-related moving expenses are all gone, along with a few others. Perhaps the biggest change applies to alimony payments, which were previously tax deductible for the payer, and taxed as income for the payee. But that’s different now: no deduction for the payer, but not taxed as income for the payee.

To figure out whether your tax return will be bigger this year before you file, you might want to talk to a local tax attorney about your income and possible deductions.

Related Resources:


Source: http://blogs.findlaw.com/law_and_life/2019/02/will-your-tax-return-be-higher-this-year.html