Oops - Unforeseen Consequences of Criminal Convictions

Punishment: We all  know that committing a crime can result in punishment by fine or jail or prison. It is not as well known that the ability to get work may be lost by a conviction, probation, deferred adjudication or pretrial diversion.

Bad News. The Texas Occupation Code gives licensing bodies wide discretion in denying, suspending, or revoking the license of any person convicted of a felony or a misdemeanor related to the occupation. A list begins with Athletic Trainers, Barbers, Cosmetologists, Interior Designers, Water Well Drillers, County Librarian, Landscape Irrigators, and Fish Farmers. The list of effected occupations is much longer than shown here, and may apply to guilty pleas, deferred adjudications, and pretrial diversions. As you may know, in a pretrial diversion, the District Attorney and Defense Lawyer agree on a course of action, and the parties never even go to the Courtroom. [ Librarians?  Hair Dressers?]

Worse news: Students lose scholarships, are denied scholarships, and lose grants. These bans are in addition to zero tolerance bans by Universities and Colleges in denying admittance or a diplomas on drug convictions.

Bad things can only get worse: For narcotics convictions, the Federal Government imposes a lifetime ban of Food Stamps and other assistance. There is a lifetime ban on federal health care benefits (Medicaid, Medicare, Obamacare). There is a lifetime exclusion from federally funded low income housing.

Never stop the punishment: There are annual surcharges, beginning at the $1,000 level, for persons convicted of driving while intoxicated within the past 3 years. The restrictions on rights may include a ban on gun ownership, registration as a sex offender, and a ban on the use of computers.

Probation:  Most first time offenders are given probation, and if they successfully complete the probation, should have their rights reinstated, to a degree.  This is fraught is dangers, because the specific language is not always there.  A general "be good now" phrase in the discharge is not good enough.  Just ask the guy who was sent to the federal lockup for going on a dove hunt after he successfully completed his probation.

For specific information, Randy T. Leavitt wrote an amazing article for the Texas Advanced Criminal Law Course (2010), [randy@randyleavitt.com.], which is a good starting point for further research.

My wife asked me, "Isn't all this a bit much?"  The answer is yes, but it is very real and a lifelong punishment for the impulsive kid who took a step too far in his youth.

Things to do first in a divorce.

Here is a list of things to do early in the divorce procedures.   The following is not a complete list, it is just some things to think about.

1. Go see your doctor. Divorce is stressful and depressing. Get something to help you sleep. If you have been battered, get it documented by the doctor and his staff.

2. If you feel that you are in danger, go stay with daddy or your oldest male relative. It is amazing how the idea of seeing the grumpy old guy, with a shotgun, calms an abusive husband.

Listen to your feelings. There are warning signs of spousal abuse.

3. Take some photographs inside and outside the residence and all the vehicles. Make copies of all valuable documents like letters, diaries, deeds, car titles, check books, and credit card statements. The Judge already knows what you think of your spouse. The Judge wants to see evidence and these things are evidence. I do not want original documents in my office and I do not know of any lawyer who wants to be responsible for originals. Go to a copy place. Make good copies.

4. MySpace, Facebook, &; Twitter pages are used every day in divorce courts. Even if you marked them private or for friends only. If you have been too opinionated, vulgar, or adventuresome in the social media, ( ahem ) change your ways. If your spouse ( or girlfriend ) has done the same, print some pages for your lawyer. In that regard, remember that e-mails and texts are also commonly put into evidence and shown to the Judge.

5. Drugs: society may accept recreational drug use. A judge concerned about children will only see an easy way to decide custodial rights. Clean up and stay clean.

Being prepared may make the case a lot easier, and that is something you will need.

Economy getting better?

Lee Iacocca says it best, "instead of getting mad, everyone sits around and nods their heads when the politicians say, 'trust me, the economy is getting better..' Better? You've got to be kidding. This is America , not the damned 'Titanic'."

Lee Iacocca also says, "Name me a leader who has a better idea for homeland security than making us take off our shoes in airports and throw away our shampoo?"

Go, Lee, go!

Facebook in 20% of American Divorces

It is being reported today that photographs and statements from Facebook, MySpace, and other social websites are the primary evidence in 20% of matrimonial and custodial court cases. Yes, Yes, Yes. Members routinely put the sexiest photographs on Facebook. Members, who are unhappy, routinely say the ugliest things on Facebook or brag about their adventures. Even if you limit the photographs and text messages to your friends only, the Courts look at printed copies of Facebook and MySpace entries every working day of the week. When your super sexy photograph is shown to the Judge or your brag about smoking grass is shown to the Judge, it may hurt your argument that you are a great mother or a great father.

Since the Facebook statements are "admissions against interest" (confessions), they are not hearsay and come rolling into evidence. Since Facebook photographs show what you actually looked like on the day the picture was taken, they come rolling into evidence.

Putting something too sexy or too adventuresome on Facebook or MySpace is like picking up a cat by the tail. You will learn things you cannot learn any other way.

Texas Legislature & Hiring Illegal Aliens

A Bill has been introduced at the Texas Legislature that would fine or jail any person hiring an illegal alien, except those working in your house or your yard. Your maid and nanny and lawn mowing kid would be okay, but if you hired them to work at someone else's house, you could be arrested. The Bill has not passed, yet.

Houston attorney Harry Tindall asks "why not exclude building janitors, construction workers, waiters, cooks, hospital employees and car wash employees?"

As for me, does my yard include the 6 acres of adjoining farmland? Are illegal alien farm & ranch workers to be despised and lawn boys praised?

Creating exclusions to the rules are nearly always difficult and unwise.

This smacks of a 19th century idea that Mexicans were only good people as maids and gardeners. As Sherlock Holmes would say, "The game is afoot."

Texas Dept. Family & Protective Services

House Bill 1 at the Texas Legislature proposes a cut of 400 caseworkers and investigators from the Dept. of Family & Protective Services. These are the persons who care for neglected and abused Texas children. The recommended caseload is 12 to 15 cases per caseworker, with the Texas average being 27 cases. The cuts in caseworkers would make this average much worse, meaning long delays in getting help for neglected and abused children.

For neglected children, think of the children of meth addicts, or alcoholics, or the homeless. For abused children, think of the children of parents with severe anger problems, or dangerous sexual habits, or emotional or psychological problems that make them dangerous to others. After an outcry is made, these are children who do not need long delays.

As a family lawyer, I have battled with the Dept of Family & Protective Services, have called the agency "out of control" and "too powerful". However, there are courts and Judges to see that justice is done when caseworkers make a mistake; there are no remedies for neglected and abused children who must wait too long for help.

Bankruptcy or Debt Solution Company plan

Debt solution companies - The GAO issued a report last year saying that only 1 in 10 customers of a debt solution company finished the program. The GAO also found that the debt solution companies tended to collect its fees first, then attempt to settle with the creditor. The customer may pay the debt solution company for months or a year with a 1 in 10 success rate.

Telephone collection calls - and other forms of debt collection continue while the customer is in the plan, until the bills are fully paid.

Bankruptcy - The automatic stay provision of the Bankruptcy act stops telephone collection calls and all attempts to collect a debt. This blog does not attempt to predict the outcome of any case, but "automatic" is, well, "automatic" and is better than 1 chance in 10.

The decision to file a bankruptcy - is more complicated than any blog can discuss. The ability to automatically stop harassing telephone calls can allow decisions to be made in silence, and away from the demands of creditors.