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Vigilante Militia Detains Immigrants at Border, Leader Gets Arrested

Anti-immigrant rhetoric from the president may have convinced some Americans to take the law into their own hands. After all, President Trump declared a national emergency at the U.S.-Mexico border two months ago and ordered National Guard troops to the border last year. So it's perhaps possible that the United Constitutional Patriots thought they were lending a friendly hand to Border Patrol agents by rounding up migrants at gunpoint and calling immigration officers on them.

This seems unlikely, since the far-right militia was also "training to assassinate George Soros, Hillary Clinton and Barack Obama," according to their leader, Larry Mitchell Hopkins. And now that Hopkins has been arrested, it might a good time to revisit the law surrounding citizen's arrests and why they are generally not a good idea.

Patriots and Border Patrol

According to several videos taken at the border in New Mexico and posted to the group's Facebook page, men affiliated with the United Constitutional Patriots approaching migrant families and children (at one point calling themselves "border patrol"), ordering them to sit down, and calling federal agents to their location. Buzzfeed reports the group has detained hundreds of migrants in the past few months:

In a 41-minute video posted by the group this week, a large gathering of people, including several young children, are seen sitting in dirt as members of the militia encircle. Children are bundled up in sweaters, some wearing backpacks, while illuminated by flashlights. "This group was so huge we won't have an accurate count until the [Border Patrol] is finished processing them," the group said on its Facebook page. "This needs to stop!!!!! Build the wall."

Officially, U.S. Customs and Border Protection "does not endorse or condone private groups or organizations that take enforcement matters into their own hands," the agency said on Twitter. "Interference by civilians in law enforcement matters could have public safety and legal consequences for all parties involved." But Buzzfeed also reported that at least one Border Patrol officials was seen leaving five women and five children in the militia's custody and agents have been photographed posing with militia members.

Interestingly, Hopkins was not arrested for taking part in the militia's activities at the border. He was charged with being a felon in possession of firearms and ammunition by the FBI.

Cops and Citizens

Lest you get any ideas, however, you should know that so-called citizen's arrests are only permissible if you reasonably suspect someone of committing a felony, and improper entry into the country is only a misdemeanor offense. Conducting an improper arrest or using more than a reasonable amount of force to detain someone can lead to a civil lawsuit for false imprisonment, assault, battery and wrongful death.

So instead of taking the law into your own hands, contact real law enforcement officials if you think a crime is occurring or has been committed. Or you may be the one needing a lawyer.

Related Resources:

Find Immigration Lawyers Near You (FindLaw's Lawyer Directory)

Family Immigration, Detention, and Separation: A Legal Roundup (FindLaw's Law and Daily Life)

Vigilante Justice: There's an App for That, but Should You Use It? (FindLaw Blotter)

How to Make a Citizen's Arrest (FindLaw Blotter)

from RSSMix.com Mix ID 8246803 http://blogs.findlaw.com/law_and_life/2019/04/vigilante-militia-detains-immigrants-at-border-leader-gets-arrested.html

[donnahwhite]

Earth Day 2019: The Year in Environmental Litigation

For over almost 50 years, we've been celebrating Earth Day every April 22. And while the general goal of events worldwide is the same -- to honor our planet and the concept of peace -- our understanding of environmental science and the legal framework we use to protect natural resources and our climate, has shifted dramatically over that time.

So in honor of this year's Earth Day, we thought we'd look at seven of the biggest legal cases from the past year that impacted or could impact environmental law and climate change.

1. Kids' Climate Change Lawsuit Update

If you hadn't heard, 21 children and young adults are suing the government, claiming the president and various government agencies have done too little to address global warming. As you'd imagine, the suit is scientifically and jurisdictionally complex, so here's the latest.

2. Court Accepts Global Warming, Rejects Cities' Lawsuit

In a separate lawsuit, a federal judge in California accepted the science behind climate change as being sound, but declined to hold oil companies sued by San Francisco and Oakland liable for damages that result from global warming.

3. Tribes File Lawsuit to Block Keystone Pipeline

The protests may not be on your television any more, but that just means the battle over the Keystone Pipeline has moved to the courtroom. Two tribes from Montana and South Dakota claim the Trump administration conducted no new environmental review in granting permits to build the pipeline.

4. Ben and Jerry's Sued Over Environmental Claims

The ice cream makers have a pretty liberal reputation, but one lawsuit claims the company is not as environmentally friendly as it says it is.

5. Louisiana 'Cancer Alley' Victims Take Legal Action Over Environmental Racism

Black neighborhoods between Baton Rouge and New Orleans were secretly re-zoned from residential to "Residential-Future Industrial," allowing petrochemical companies to move in and the cancer rate of residents to skyrocket.

6. EPA Sued for Toxic Paint Stripper

The Environmental Protection Agency has become a popular target for lawsuits, as plaintiffs claim the agency hasn't done enough to protect the environment.

7. Colorado Sues Two Oil Companies for Causing Climate Change

The other popular target? Oil and gas companies. Colorado is claiming Exxon and Suncor are responsible for "dwindling" snow pack, increased fire risk, and changes in the amount of annual precipitation, all caused by climate change

Climate change means weather can become more extreme, affecting the entire planet. And locally, pollutants can cause sickness and death. If you have a legal claim based on environmental conditions, contact an experienced attorney today.

Related Resources:

Find Environmental Lawyers Near You (FindLaw's Lawyer Directory)

Species Threatened by Climate Change Can Gain Endangered Species Act Protections (FindLaw's U.S. Ninth Circuit Blog)

For Earth Day: 5 Environmental Tips for Businesses (FindLaw's Free Enterprise)

National Parks on Earth Day: How to Stay Safe (FindLaw's Law and Daily Life)

from RSSMix.com Mix ID 8246803 http://blogs.findlaw.com/law_and_life/2019/04/earth-day-2019-the-year-in-environmental-litigation.html

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Hurricane Preparation and Response: Top 5 Legal Tips

The National Hurricane Center just released its final report on Hurricane Michael, which devastated Florida's Gulf Coast last October. Meteorologists found the storm had maximum sustained winds of 160 mph when it made landfall, making it just the fourth Category 5 landfall hurricane in U.S. history. Mexico Beach and other local communities are still rebuilding, and the report has reminded many of the devastating effects of these storms.

So, with hurricane season fast approaching, what steps can you take (legal and otherwise) to prepare for natural disasters? And what can you do in the immediate aftermath? Here's a look:

1. Hurricane Season: 5 Legal Tips to Prepare

The best way to handle a hurricane is to be well-prepared, well in advance. Landlords and tenants should be on the same page about damages; your homeowner's insurance policy (including storm and flood coverage) should be up-to-date; be prepared for legal trespassers fleeing high winds and storm surge; and you should probably have an attorney experienced with insurance issues on speed dial.

2. Get Flood Insurance Before You Need It

Most of the damage from hurricanes comes from both wind and water. But the majority of standard homeowner's policies don't include coverage for flood damage. And, in some cases, you may be required to purchase flood insurance. Find out where to look for a policy, and what you need to keep an eye out for when purchasing.

3. Can You Be Arrested for Not Complying With an Evacuation Order?

Evacuation orders can be tricky. Generally speaking, government officials have citizens' best interests at heart in trying to move them away from the most dangerous storm areas. But many people are loath to leave their homes, and mass evacuations can cause massive traffic jams, stranding people in cars and far from shelter or services. So, what happens if you don't leave after being ordered to?

4. Preventing Injuries During, After Hurricanes, Storms

What are some best practices for staying safe once the hurricane hits? Storing non-perishable food and clean water are key. And be aware of natural dangers large and small: high winds can cause trees and limbs to come down outside, and wet, watery conditions can cause mold and mildew inside.

5. When to Get a Lawyer for Hurricane Damage

Priority number one before, during, and after a hurricane is safety. But afterwards, you may need some legal help. You can contact a local attorney for assistance with hurricane damage claims and insurance coverage issues.

Related Resources:

Find Your Lawyer (FindLaw's Lawyer Directory)

SBA Disaster Loans: Homeowners, Renters Qualify Too (FindLaw's Law and Daily Life)

Can Hurricane Lawsuits Be Based on Climate-Change Science? (FindLaw's Strategist)

Top 5 Legal Issues Following Floods (FindLaw's Injured)

from RSSMix.com Mix ID 8246803 http://blogs.findlaw.com/law_and_life/2019/04/hurricane-preparation-and-response-top-5-legal-tips.html

[donnahwhite]

What's in the Mueller Report?

The conclusion of Special Counsel Robert Mueller's investigation, and the issuing of his final report, have been about as much of a media circus as we've all come to expect.

However, as the 400-plus page report explains, Mueller did not find a "criminal conspiracy" between the Trump campaign and Russian actors, nor did it come to a conclusion as to whether the President obstructed justice. Before the report was even issued, Congress was informed that the report failed to prove President Trump, or his campaign, "colluded" with Russia, but even Attorney General Barr made it clear that the report did not totally exonerate the President.

Highlights of Questionable Conduct

While the report concludes that there isn't strong enough evidence to prosecute President Trump, the numerous on-going and completed prosecutions that have resulted from the investigation are discussed. Furthermore, the report highlights many of the statements President Trump made that are highly questionable.

One such statement includes the President lamenting that "his presidency is over" after learning that Special Prosecutor Robert Mueller was appointed. The anecdote relayed in the report also describes how President Trump demanded then-Attorney General Jeff Session resign, but after receiving his letter of resignation, essentially asked him to stay on, but did not return the letter of resignation for several days.

In addition to the numerous prosecutions and questionable statements and conduct, the Mueller report explains that much electronic evidence was lost due to the use of encryption technologies and applications that would automatically delete messages.

What Comes Next?

As suggested at a press conference around the time of the report's release, and by Congressional leaders, it seems likely that Mueller will be called to testify before Congress about his report and investigation. Attorney General William Barr, while under near-constant accusations of acting in a highly partisan manner, stated that he would not have any objection to Mueller testifying.

Until Mueller testifies (and likely even after), you can expect that more news reports and analyses (and reactions) will get published. Some reports already suggest that Mueller's report will be used by Congress or another special prosecutor as the basis of obstruction or other charges.

Related Resources:

Mueller Report Goes Public (FindLaw?s CourtSide)

Is It Accurate to Say: 'The President Is Not Above the Law?' (FindLaw's Law and Daily Life)

Paul Manafort, Trump's Former Campaign Manager, Is Going to Jail (FindLaw Blotter)

from RSSMix.com Mix ID 8246803 http://blogs.findlaw.com/law_and_life/2019/04/whats-in-the-mueller-report.html

[donnahwhite]

Can Just Anyone Get Government Documents?

Believe it or not, anyone can request that federal agencies turn over official records. The same is true of state agencies as well.

Under federal law, the Freedom of Information Act, commonly referred to as FOIA, allows anyone to obtain copies of important government records from federal agencies simply by request (and usually paying an associated fee). States have similar laws that apply to state and local agencies. However, not all records are available, and not everything in the available records will be disclosed, as there are several categories of information that cannot be produced for national security, individual privacy, and a whole host of other reasons.

What?s the Point of FOIA?

There are countless reasons why an individual would want to request government documents. They may be interested in government administration; working on a personal, school, or research project; or trying to write a book, blog, or something else, and think that there might be useful or helpful information in the records.

One common use for FOIA requests is to review government spending, actual practices and policies. One less common use is investigating government conspiracies about extraterrestrial encounters.

How to Get Government Docs

Before you make an FOIA request, you should do a thorough internet search to confirm that the documents and/or information you seek isn?t already published online somewhere. Government agencies are required to publish quite a bit of information about the agencies themselves, and their work, and many do so online.

While requesting the documents you want is relatively simple, often, actually getting what you want is a different story. Sometimes it can take a very long time.

The first step is figuring out which agency you want to request information from, then review their website for information about how to make an FOIA request. Some agencies allow these requests via a simple email stating the necessary information, some require you to submit a particular form, and some will only accept requests via standard mail or fax.

Notably, FOIA requests are not free. Agencies can require requesters pay for reasonable costs in searching for the information, as well as costs for copying. Requesters are usually asked to specify how much they are willing to pay, and can opt to have the agency contact them before charging any costs in excess of that amount.

Related Resources:

What Is FOIA, How Does It Work? (FindLaw's Law and Daily Life)

Area 51 Exists, CIA Admits After FOIA Request (FindLaw?s Legal Grounds)

NSA's Reply to Man's FOIA Request: No Comment (FindLaw's Law and Daily Life)

from RSSMix.com Mix ID 8246803 http://blogs.findlaw.com/law_and_life/2019/04/can-just-anyone-get-government-documents.html

[donnahwhite]

Can My Accountant Release My Tax Returns?

Today is Tax Day. So hopefully, you've already filed your taxes. Or, if you hired a CPA or accounting firm to do your taxes, they've got plans to file them by the end of the day.

You might also be wondering, given the news cycle, whether your tax returns are public documents. The subject of President Donald Trump's tax returns has been percolating for years in the media, but the rhetoric has ramped up in recent weeks, as the House Ways and Means Committee first requested the past six years' worth of Trump's tax filings from the IRS, then, after the agency failed to comply, gave IRS Commissioner Chuck Rettig on April 23 deadline on turning over the documents. The House Oversight and Reform Committee also allegedly threatened to subpoena Trump's accounting firm, Mazars USA, to get the tax returns.

In response, Trump's attorneys counter-threatened Mazars, warning the accountants not to release the tax filings lest they face a potential lawsuit. So, what's the story with tax returns? Are they public information? And can your CPA just release them to anybody?

Are Taxes Public or Private Documents?

As a general matter, your tax returns aren't automatically public documents just because they are filed with the IRS. While you have access to your previous filings and IRS records, the public doesn't have the same access to others'. And although all IRS records are subject to Freedom of Information Act requests, the IRS is not required to release all documents subject to FOIA requests based on several exemptions and exclusions.

For instance, the IRS can decline to disclose tax information based on national security, trade secret, or law enforcement interests. There is also an exemption based on personal privacy that allows the IRS "to withhold personal data kept in its files where there is an expectation of privacy," which applies to most everyone's personal tax returns.

Politics as Usual?

A public official's tax returns have always been the subject of political debate, and most presidents (and even presidential candidates) have been willing to release their tax returns voluntarily. That means there is no law requiring release, although that is what some congressional committees are considering. That also means that release of tax returns could come down to confidentiality issues.

The AICPA Code of Professional Conduct requires CPAs to get consent before disclosing confidential client information, unless they are asked to comply with a validly issued and enforceable subpoena. Tax attorneys, on the other hand, offer an added layer of security as any information you provide your tax attorney is usually protected by client-attorney privilege. That could end up handy if, say, your tax returns become part of a criminal investigation.

That's just one reason to hire a tax attorney instead of a CPA, or to talk to an attorney if your accountant releases your tax information without consent.

Related Resources:

Browse Tax Lawyers Near You (FindLaw's Lawyer Directory)

When to Hire a Tax Lawyer vs. a CPA (FindLaw's Law and Daily Life)

Beware New IRS Rules for Paid Tax Preparers (FindLaw's Law and Daily Life)

Ten Things to Remember When You Owe the IRS (FindLaw's Learn About the Law)

from RSSMix.com Mix ID 8246803 http://blogs.findlaw.com/law_and_life/2019/04/can-my-accountant-release-my-tax-returns.html

[donnahwhite]

Mass. Bans 'Gay Conversion Therapy'

The state of Massachusetts has become the 16th state to officially ban ?gay conversion therapy? for minors. And the trend is continuing, with a bill now being sponsored in Congress that would prohibit Medicare funding for it.

?Gay conversion therapy,? in case you didn?t know, seeks to change a person?s sexual orientation or gender identity, and regards LGBTQ identities as an illness to be corrected. The basis of and practice of ?gay conversion therapy? has been discredited and is widely considered harmful.

Torturing Youth

It has been reported that the practice of ?gay conversion therapy? can sometimes involve ?aversion therapy? with the use of electric shocks, forced vomiting, and other unsound methods, as the punishment for undesired behaviors. But even without those extreme cases, the damage to the youth forced undergo these alleged treatments is very real.

These alleged treatments have been found to increase the likelihood that a youth will suffer severe psychological distress, as well as the odds of that youth attempting suicide. In fact, a recent study found that the risk that a youth would attempt suicide is increased by five times if they undergo the alleged treatment.

The Law Moving Forward

Thus far, while many states still have not followed suit, the general consensus seems to be that the practice is dangerous, and can even be fatal. For adults who undergo conversion therapy, the risks are astounding and can include:

Depression, guilt, helplessness, hopelessness, shame, social withdrawal, suicidality, substance abuse, stress, disappointment, self-blame, decreased self-esteem and authenticity to others, increased self-hatred, hostility and blame toward parents, feelings of anger and betrayal, loss of friends and potential romantic partners, problems in sexual and emotional intimacy, sexual dysfunction, high-risk sexual behaviors, a feeling of being dehumanized and untrue to self, a loss of faith, and a sense of having wasted time and resources.

And for minors, those risks are even greater as they are often coupled with the feeling of familial rejection. Notably, the Trevor Project is a non-profit organization dedicated to banning ?gay conversion therapy? nationwide. Its goal is to put forth legislation in every state to prohibit licensed health care providers from engaging in the practice with minors. The organization also offers help, such as crisis counseling, to LGBTQ youth in need.

Related Resources:

The Trevor Project: Get Help Now (The Trevor Project)

Psychotherapy to Make Gay Teens Straight is Banned (FindLaw's Law and Daily Life)

Ban on Gay 'Conversion' Therapy Left in Place by Supreme Court (FindLaw's Decided)

N.J. Is 2nd State to Ban Gay Conversion Therapy (FindLaw's Law and Daily Life)

from RSSMix.com Mix ID 8246803 http://blogs.findlaw.com/law_and_life/2019/04/mass-bans-gay-conversion-therapy.html

[donnahwhite]

Tax Day FAQ: What You Need to Know for April 15

Tax Day is on Monday, and hopefully you've got all your annual financial ducks in a row. And, if not, maybe this reminder will help you get ready.

Filing your taxes can be stressful, but that stress usually comes from the unknown. So here are five of the most frequently asked questions regarding Tax Day, and what you need to know about the filing deadline.

1. What Documents Should You Save for Taxes, Finances?

Do you really need every receipt for your self-employment expenses? And how do you prove the mileage and depreciation on your car for the year? Which documents do you need to include in your tax filing? And how long do you need to keep copies in your files? Find out here.

2. Will Your Tax Return Be Higher This Year?

That's what we all want to know, right? From new tax laws to new homes, there are several factors that will impact your tax return from year to year. Find out how the new tax brackets and old tax deductions will affect your filing.

3. When Is It Too Late to File My Taxes?

Monday is the day. But you can file later, with an extension. Beware, though -- if you owe taxes they are due on the 15th and may accrue interest beginning on that day. And there can be significant penalties for filing late and failing to file. And that's for your 2018 taxes -- find out what happens if you didn't file last year or the year before that.

4. What Can the IRS Do If I Didn't File My Taxes?

And if you miss Monday's deadline? Don't worry -- you're probably not going to jail. But that doesn't mean that you won't be facing some serious fines.

5. When Are Tax Attorneys Worth the Cost?

If you've waited this long to file, chances are you could use a hand. Good tax lawyers don't come cheap, but you tend to get what you pay for. And if you don't hire some help, you could end up paying more in the long run.

So contact an experienced tax attorney for help with your taxes, preferably before the Monday deadline.

Related Resources:

Browse Tax Lawyers Near You (FindLaw's Lawyer Directory)

Top 5 Tax Deductions You Shouldn't Overlook (and 7 You Can't Claim Anymore) (FindLaw's Law and Daily Life)

7 Key Tax Deductions You Can No Longer Claim in 2018 (FindLaw's Law and Daily Life)

Tax Time and Cybercrime: Scams to Watch Out For (FindLaw's Law and Daily Life)

from RSSMix.com Mix ID 8246803 http://blogs.findlaw.com/law_and_life/2019/04/tax-day-faq-what-you-need-to-know-for-april-15.html

[donnahwhite]

When Is It Too Late to Enroll in Medicare?

The modern American health care system can seem like a mess. Many of us have health insurance through our employers, with different coverage options, deductibles, and copays. Many others are on Obamacare, with its own enrollment period, possible penalties if you're not covered, and legal challenges to the Affordable Care Act. Medicaid covers low-income people who don't have the financial means to afford health care on the private market.

And then there is Medicare, which applies to everyone aged 65 or older who has paid into the system, usually through payroll or self-employment taxes. But do you automatically get Medicare once you turn 65? And if you need to enroll, can you miss your window if you wait too long?

Automatic Enrollment

There are some people who will be enrolled into Medicare automatically. If you have already received Social Security benefits before you turn 65 or are receiving disability benefits, you may be automatically enrolled in Medicare, in which case you'll get a Medicare card in the mail three months before your 65th birthday or your 25th month of disability. If you're not enrolled automatically, you need to apply online.

Most people have a 7-month initial Medicare enrollment period that begins three months before the month you turn 65, includes the month you turn 65, and ends three months after the month you turn 65. And there are different parts of Medicare:

Part A (Hospital Insurance): covers inpatient hospital stays, care in a skilled nursing facility, hospice care, and some home health care.

Part B (Medical Insurance): covers certain doctors' services, outpatient care, medical supplies, and preventive services.

Enrollment Penalties and Gaps

Medicare.gov recommends enrolling in Part A when you turn 65, even if you already have health insurance from an employer, because you've probably paid Medicare taxes while you worked so you won't pay a monthly premium for Part A. Also, if you don't enroll when you're first eligible, you may have to pay a Part B late enrollment penalty. You may have a gap in your health insurance coverage if you decide you want Part B later.

If you've been denied health insurance coverage or a specific claim, or have more Medicare questions, contact a local health care attorney.

Related Resources:

Find Health Care Lawyers Near You (FindLaw's Lawyer Directory)

Do You Qualify for Medicaid? (FindLaw's Law and Daily Life)

How Does Obamacare Affect Medicare? (FindLaw's Law and Daily Life)

The Difference Between Medicare and Medicaid (FindLaw's Learn About the Law)

from RSSMix.com Mix ID 8246803 http://blogs.findlaw.com/law_and_life/2019/04/when-is-it-too-late-to-enroll-in-medicare.html

[donnahwhite]

Facebook Charged With Housing Discrimination Over Targeted Ads

One of the great features of Facebook, for advertisers, is the ability to target people based on their location and interests. Where Facebook gets into trouble, however, is when it lets certain advertisers restrict access to ads based on gender or race.

The social network has already been sued for allowing employers to exclude women and non-binary users from receiving certain job postings and accused of allowing advertisers to exclude specific groups from seeing advertisements based on "Ethnic Affinities."

Now, the Department of Housing and Urban Development is suing Facebook for violating the Fair Housing Act by "encouraging, enabling and causing housing discrimination" in allowing companies to decide who can see certain housing ads.

Slamming the Door

"Facebook is discriminating against people based upon who they are and where they live," HUD Secretary Ben Carson said in a statement. "Using a computer to limit a person's housing choices can be just as discriminatory as slamming a door in someone's face."

Under the Fair Housing Act, it's illegal to "make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination."

"Because of the way [Facebook] designed its advertising platform," HUD claims, "ads for housing and housing-related services are shown to large audiences that are severely biased based on characteristics protected by the Act, such as audiences of tens of thousands of users that are nearly all men or nearly all women."

According to the official charging document, Facebook allowed housing advertisers to limit their audience to users classified as "Christian" or "Childfree," while blocking those whose attributes included "women in the workforce," "moms of grade school kids," "foreigners," "Puerto Rico Islanders," or people interested in "parenting," "accessibility," "service animal," "Hijab Fashion," or "Hispanic Culture."

Opening a Window?

The charges caught the social media giant off guard, according to Facebook representative Joe Osborne. "We're surprised by HUD's decision, as we've been working with them to address their concerns and have taken significant steps to prevent ads discrimination," Osborne told the Washington Post. "We're disappointed by today's developments, but we'll continue working with civil rights experts on these issues."

If you think you've been discriminated against when it comes to housing, based on your sex, race, or gender identity, contact an experienced civil rights attorney for help.

Related Resources:

Find Civil Rights Lawyers Near You (FindLaw's Lawyer Directory)

Airbnb Agrees to California Regulators' Racial Discrimination Review (FindLaw's Law and Daily Life)

Can Facebook Force You to Use Your 'Real Name'? (FindLaw's Law and Daily Life)

Can You Sue Facebook for User Data Breach? (FindLaw's Law and Daily Life)

from RSSMix.com Mix ID 8246803 http://blogs.findlaw.com/law_and_life/2019/03/facebook-charged-with-housing-discrimination-over-targeted-ads.html

[donnahwhite]

When Is It Too Late to File My Taxes?

Don't worry -- it's not too late yet. As long as you're reading this before April 15. And while the deadline might still be a couple weeks away, we procrastinators know that weeks can disappear quickly.

So, what if you miss the April 15 tax deadline? What if you missed it last year, or haven't filed taxes in a few years? And what if it's not your fault because you didn't get your W-2? We've got all those answers and more for you right here.

This Year's Tax Deadline

While you still have time, what happens if you miss this year's tax deadline? Don't worry -- you're not going to jail if you fail to file your taxes. If you don't file and you're owed a refund however, you may forfeit the refund if you don't file in three years. If, on the other hand, you don't pay your taxes, the IRS will usually send you a bill for the owed amount. And this bill could include significant penalties based on how much you owe and how late you are.

Failing to file is a 25 percent penalty, just by itself. And filing late is another 25 percent. And that's before you get to the interest on your unpaid tax debt, which accumulates at 3 percent for every year you're late, on top of the penalties.

Sufficiently freaked out? Again, don't worry -- you can file for an extension to the April 15 tax day deadline. The IRS entitles taxpayers to a six-month extension to file their income tax returns. But beware -- while your filing date may be extended, the due date for any taxes you owe remains April 15, and the IRS can start charging interest on an owed amount from that date.

Last Year's Tax Deadline (Or the One Before That)

Ok, so what if you blew right through the deadline without filing for an extension. Last year. And what if you haven't filed your taxes for multiple years? Again, if you're owed money, you might be in good shape as long as you file within three years (minus the late filing penalty, perhaps).

If, on the other hand, you've owed the IRS back taxes for the past few years, it's also not time to panic. Taxpayers may enter into installment agreements with the IRS that allow monthly payments for a period of time instead of paying the full balance in one lump sum.

We don't recommend procrastinating when it comes to filing your taxes -- while it's never really too late to file your taxes, filing late or failing to file can have serious financial consequences. But, life happens. If you're running late, we do have some helpful tips, one of which is to talk to an experienced local tax attorney for assistance.

Related Resources:

Find Tax Lawyers Near You (FindLaw's Lawyer Directory)

5 Things a Tax Lawyer Can Do (That You Probably Can't) (FindLaw's Law and Daily Life)

When Can I Sue a Tax Accountant? (FindLaw's Law and Daily Life)

Top 10 Tax Law Questions (FindLaw's Law and Daily Life)

from RSSMix.com Mix ID 8246803 http://blogs.findlaw.com/law_and_life/2019/03/when-is-it-too-late-to-file-my-taxes.html

[donnahwhite]

Are Short Term Renal Laws Constitutional?

Just google "Charleston short term rental ordinance," and you'll see the South Carolina city is struggling like many others nationwide to legislate the Airbnb-ification of American homes. Since the law went into effect last summer, the city council and residents have debated, amended, and seen vigorous enforcement of an ordinance that carries a criminal conviction and thousand-dollar fine per violation.

And, of course, they are seeing lawsuits as well. One even claims the law is unconstitutional. And while some of the Charleston's issues with short term rental regulations are unique to a 300-year-old city, others highlight problems municipalities are facing coast-to-coast.

Short Term Rental Laws

According to Charleston resident Marvin Wilson, the city's rollout of the short term rental ordinance has been plagued with issues legal and logistical. The city was backlogged with permit requests, and the website links for permit applications didn't work either. "Even the email address provided to citizens to inquire or submit questions was inoperable," Wilson's lawsuit claims. "As a result, many citizens who would otherwise have been entitled to permits were unable to obtain them prior to the publicized date on which the ordinance would be enforced."

Those are problems that any city could face implementing new rental restrictions. But Wilson also claims that Charleston's requirement that homes located in the Old and Historic Districts must to be listed on the National Register of Historic Places before they may be granted a permit treats residents unequally, and has been unfairly enforced. Wilson's home is on the border with the Old and Historic District and should not be subject to National Register restriction, according to his lawsuit, yet he was still cited for violating the ordinance. Because the city has no input regarding which properties are added to the register, the requirement "fails to furnish a uniform rule of action applicable to all citizens."

Long Term Effects

Cities, counties, and states are still sorting out how to handle short term rentals and companies like Airbnb. So, ordinances and statutes can differ substantially depending on where you live. For the best information on local rental rules, consult with an experienced landlord-tenant attorney in your area.

Related Resources:

Find Landlord-Tenant Lawyers Near You (FindLaw's Lawyer Directory)

Top 3 Legal Questions If You Rent or Airbnb Your Home (FindLaw's Law and Daily Life)

South Lake Tahoe Homeowners Sue to Block Rental Restrictions (FindLaw's Law and Daily Life)

NY Law Requires Airbnb to Share User Data (FindLaw's Law and Daily Life)

from RSSMix.com Mix ID 8246803 http://blogs.findlaw.com/law_and_life/2019/03/are-short-term-renal-laws-constitutional.html

[donnahwhite]

How to Win an Embryo Custody Battle

Modern love is complicated. And we have the technology to prove it.

When Phoenix-based attorney Ruby Torres was told chemotherapy to treat breast cancer would hurt her ability to become pregnant, she opted for in vitro fertilization and her then-boyfriend John Terrell donated his sperm. Torres and Terrell married, then divorced, without ever attempting implantation. So, who gets to decide what happens to the seven embryos the pair created?

Just in Case

Unsurprisingly, there are now contracts that cover exactly this situation. Torres and Terrell signed an IVF Agreement at the fertility clinic that read:

In the event the patient and her spouse are divorced or the patient and her partner dissolve their relationship, we agree that the embryos should be disposed of in the following manner ... A court decree and/or settlement agreement will be presented to the Clinic directing use to achieve a pregnancy in one of us or donation to another couple for that purpose.

Terrell wanted the embryos destroyed, while Torres wanted them preserved, so the matter went to family court. There, Terrell testified that he "never intended on having children" if he and Torres were not together, initially declined to donate his sperm, and he only agreed "as a favor" after Torres was going to use another ex's sperm instead. This, along with the agreement and Torres's cancer diagnosis was enough to tip the scales in her favor when it came to custody of the embryos, according to the court:

"With this information, Torres located a donor who was prepared to assist in the creation of fertilized eggs. It was only after hearing about the other donor that Terrell agreed to provide his gametes ... Although the trial court found that Torres had less than a one percent chance of having biological children through normal means of pregnancy, and that she had gone through great pains to preserve a method by which she could have biological children, the court nevertheless appeared to conclude that the mere possibility that Torres could conceive and bear a biological child after her cancer treatment tipped the balance against Torres' claims to the embryos."

Embryo Custody Cases

While Torres was able to secure custody in this case, trying to determine who gets custody of created embryos can be legally, and emotionally, complex. And courts don't always side with egg donors. It's best to have a clear agreement in place before any conflict arises. For help with creating or reviewing such an agreement, or resolving embryo custody conflicts, talk to an experienced custody attorney where you live.

Related Resources:

Find Child Custody Lawyers Near You (FindLaw's Lawyer Directory)

Who Wins in an Embryo Custody Battle? (FindLaw's Law and Daily Life)

Are We Legally Ready for Artificial Wombs? (FindLaw's Law and Daily Life)

Freezing Your Embryos? First Consider These 3 Legal Issues (FindLaw's Law and Daily Life)

from RSSMix.com Mix ID 8246803 http://blogs.findlaw.com/law_and_life/2019/03/how-to-win-an-embryo-custody-battle.html

[donnahwhite]

Why You Should Think Twice Before Talking to the Police Without a Lawyer

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning.”

Most people know their Miranda Rights, even if they’ve never been in trouble with the law. Many fictional movie and television show characters have been given their Miranda Warning, also known as being “Mirandized,” on everything from “Law and Order” to “Scooby-Doo.” So should you really listen to the Miranda warning? Yes, most experts say. Here are a few reasons why you should think twice before talking to the police without a lawyer present.

1. What you say can indeed be held against you. Martha Stewart is a perfect example. When she was under investigation, Stewart allegedly lied to investigators and the police, instead of keeping quiet. It wasn’t empirical evidence that led to Stewart’s conviction, but rather the belief that she failed to tell the truth.

2. The police might not remember 100 percent of your testimony. Even if you’re innocent and tell the truth, there’s a chance your answers could be used against you in the court of law if the police don’t recall what you’ve said. You don’t want to become faced with a situation where it’s your word against the police’s. Keep in mind that not every conversation is recorded.

3. Talking to the police will probably not do any good. Again, even if you are innocent and telling the truth, talking to the police likely won’t help your case (or potential case). In the process you could make a mistake that could come back to haunt you regardless of your innocence or guilt.  If you haven’t been arrested for anything, there is no need to prove your innocence anyway. So why put yourself in that situation?

4. Those pesky little white lies. If you agree to police questioning, there is a chance you could tell a little white lie. After all, a little white lie never hurt anyone, right? Wrong. It could hurt you and your potential case.  Interrogations are stressful situations, and there’s a chance those little white lies could be used against you.

If you are faced with a situation where you’re under arrest, think twice before talking to the police without a lawyer. If the police come knocking at your door as part of an investigation, waiting for an attorney to help you may be in your best interest.

  The post Why You Should Think Twice Before Talking to the Police Without a Lawyer appeared first on Detroit Bail Bonds | Top Bail Bondsman Company in Michigan.

from RSSMix.com Mix ID 8246803 https://www.detroitbailbonds.com/2019/03/20/think-twice-before-talking-to-the-police-without-a-lawyer/

[donnahwhite]

When Is It Too Late ... Another 10 Legal Deadlines to Keep an Eye On

As they say, "Never send to know for whom the legal bell tolls; it tolls for thee."

Well, they might not actually say that, but they should. When it comes to the law and legal matters, the clock is always ticking. That's why we cover so many legal deadlines in our "When Is It Too Late..." series. So many, in fact, it's time to roundup another 10 of them for you right here.

1. When Is It Too Late to File a Car Accident Claim?

First and foremost, make sure everyone involved in the crash is safe and seeks medical attention. Then, start thinking about documenting everything that happened.

2. When Is It Too Late to Change a Child Custody Order or Agreement?

You may have been in a hurry to finalize the divorce. Or your financial situation (or your ex's) may have changed significantly since then. But is it too late to amend a custody order?

3. When Is It Too Late to Request Time off From Work?

Spring Break is here, and summer vacation is right around the corner. Make sure you don't get in trouble with your boss if you're taking time off.

4. When Is It Too Late to Get an Engagement Ring Back?

If someone says no to marriage after saying yes to an engagement, who gets the ring? The answer may depend on where you live.

5. When Is It Too Late to Sign a Prenup?

And if you already said, "I do," can you still say, "This is mine, this is yours," legally speaking?

6. When Is It Too Late to Sign Up for Obamacare?

There's an "Open Enrollment" period each year under the Affordable Care Act, and there's a "Special Enrollment Period" if you miss that deadline. When are those?

7. When Is It Too Late to Respond to a Lawsuit?

Even if you think a lawsuit is completely frivolous, the person who filed it could win by default if you fail to respond by a certain date.

8. When Is It Too Late to Cash a Winning Bet or Lottery Ticket?

A South Carolina resident waited months to cash in a Mega Millions ticket worth $1.5 billion. Why the delay?

9. When Is It Too Late to Get a Flu Shot?

Flu season feels like it's still going on. So, can you still get a flu shot?

10. When Is It Too Late to Report a Crime?

Maybe you're worried about testifying or other ramifications. Or maybe you're not sure if what your saw is actually a crime. Here's what you need to know.

Related Resources:

Find Your Lawyer (FindLaw's Lawyer Directory)

When Is It Too Late to Change My Lawyer? (FindLaw's Law and Daily Life)

When Is It Too Late ... Roundup: Top 10 Legal Deadlines (FindLaw's Law and Daily Life)

When Is It Too Late ... Another Roundup of 10 More Legal Deadlines (FindLaw's Law and Daily Life)

from RSSMix.com Mix ID 8246803 http://blogs.findlaw.com/law_and_life/2019/03/when-is-it-too-late-another-10-legal-deadlines-to-keep-an-eye-on.html

[donnahwhite]

Rejected Students Sue Schools Caught in Admissions Scandal

In the wake of a college admissions bribery scandal that ensnared Hollywood stars and several sports coaches, a potential class action lawsuit was filed by seven college applicants against the ringleader of the admissions scam along with eight of the schools involved. The suit claims the rejected applicants paid admission fees "without any understanding or warning that unqualified students were slipping in through the back door of the admissions process by committing fraud, bribery, cheating, and dishonesty."

Here's a look at the legal claims:

Students v. Schools

The lawsuit centers around William "Rick" Singer and his college admissions consulting company, "The Key," through which wealthy parents funneled millions to get their otherwise unqualified children into elite schools. According to the suit, the scam had two distinct features:

The "Test Cheating" Scam: Parents paid six-figure sums for Singer and The Key to "arrange for imposters to pose as the students and take their college entrance examinations (ACT or SAT) for them"; and

The "Student-Athlete Recruitment" Scam: Singer "would create bogus sports profiles for the parent's teenaged student, making it seem as though the teenager was a superior athlete in a sport," and funnel bribes to coaches to get students preferred admissions as athletic team recruits.

"Had Plaintiffs known that the system was warped and rigged by fraud," according to their lawsuit, "they would not have spent the money to apply to the school. They also did not receive what they paid for -- a fair admissions consideration process."

Among the targeted schools are the University of California at Los Angeles, University of Southern California, Stanford, Georgetown, and Yale. The students and their parents are claiming Singer and the schools violated California consumer protection and unfair competition laws along with federal RICO statutes.

Parents v. Parents

The San Francisco Chronicle also reports that a second lawsuit was filed by a former teacher with the Oakland Unified School District, Jennifer Kay Toy and her son, Joshua, against dozens of parents (but not the schools) allegedly involved in the scheme. That suit is seeking $500 billion in damages.

Almost 50 parents, along with nine college coaches, have been indicted on criminal charges related to the scam and Singer has already pleaded guilty.

Related Resources:

College Bribery Scheme: Two Lawsuits Target Schools, Affluent Parents (San Francisco Chronicle)

For-Profit Colleges Forced to Forgive $100M in Student Loans (FindLaw's Law and Daily Life)

Can I Get Into College With a Conviction on My Record? (FindLaw's Law and Daily Life)

School Enrollment Fraud Can Be Costly (FindLaw's Law and Daily Life)

from RSSMix.com Mix ID 8246803 http://blogs.findlaw.com/law_and_life/2019/03/rejected-students-sue-schools-caught-in-admissions-scandal.html

[donnahwhite]

Spring Break and the Law: Your Vacation Roundup

Whether you're crossing things off your packing list and ready to hit the road, or you're crossing your fingers that your kids will come home safe from partying at the beach, there are probably one or two legal questions running through your mind as you get ready for spring break. What if your flight gets cancelled? Does your driver's license work in other countries? How serious are DUI laws in Florida?

Lucky for you, spring breakers, we have those answers and more right here:

1. Spring Break Travel Tips to Avoid Legal Issues

If you're hitting the road for spring break, make sure you know, and follow, the rules of the road. And if you're flying the friendly skies to your vacation destination, there are TSA, FAA, and other air travel regulations with which to comply.

2. 3 Tips on How to Avoid Custody Disputes Over Spring Break

Holidays can be a stressful time for families, especially those dealing with custody and visitation. Can your ex whisk your kids away to Mexico for a week? And, if so, how much notice do you need? And what if you don't think the trip is a good idea, or had already booked your own travel? Early planning -- in writing -- can avoid a lot of child custody conflict around spring break.

3. Beware the Grandparent Scam

It may sound odd now, but when a grandparent tells you that they got a panicked call from a grandchild who needed financial help on spring break, and they wired them hundreds or thousands of dollars only to find out the grandchild was home the whole time...

4. Top 7 Tips to Avoid a Spring Break DUI

Obviously, "Don't drink and drive" tops the list. But do you know about zero tolerance laws for underage drinkers? How even prescription medication can lead to a DUI? And that you might be able to challenge breathalyzer results?

5. Spring Break Disaster Roundup: Legal Tips and Legal Rights

What if your holiday went haywire? If your spring break was a disaster, or you're returning home to one, here's what you need to know.

Related Resources:

Find Your Lawyer (FindLaw's Lawyer Directory)

5 Legal Tips for Your Spring Break (FindLaw's Law and Daily Life)

Top 10 Legal Tips for Spring Breakers (FindLaw's Law and Daily Life)

Spring Break Beach Brawl Video Goes Viral: 5 Legal Lessons (FindLaw Blotter)

from RSSMix.com Mix ID 8246803 http://blogs.findlaw.com/law_and_life/2019/03/spring-break-and-the-law-your-vacation-roundup.html