Sacrifice and Murder

Today has been a very busy day. First I woke up a little after 5 in the morning. I played at getting on the Internet. I got dressed and walked around the hotel.

I had a traditional Mexican breakfast. Afterwards we went to see the pyramids and the ruins around Mexico City. Before lunch we climbed the Pyramid of the Sun.

We had lunch at a wonderful little restaurant close to the pyramids. I do not know what I ate but it was good. I know that I was very thirsty and craving a real Coke. I had one of the wonderful Coke Colas you can get in Mexico. It has pure cane sugar, no corn sirup and was in a glass bottle. Sweet heaven!

Then I went to the museum of anthropology.  Where we saw many displays of the pyramids.
The human sacrifice is hard to wrap my head around. Charlie said that when you can get human sacrifice you get so many other things about the world we live in today.  It was an honor then to be killed for the rain god or for the serpent god. The ancients had beautiful bowls where human hearts were placed to offer to the gods.  

After looking at old Mexico and trying to understand the history, Charlie and I spent time researching and trying to understand the motivations for killing today. We worked on our case for several hours.

It is now well after midnight. I'm trying to find sleep in a wonderful bread and breakfast. Sleep hides from me as I try to formulate the reasons behind modern murder.

esterday was a day of travel. Husband drove me to the airport in Huntsville. I had enough time to buy a cup of get er-going-coffee before I got going on the plane. I had the seat in the very back of the plane next to a beautiful woman. It turned out she had been a fashion model but now works for a juicing company. She was a little afraid of flying. Which was cute because every time the plane bucked she grabbed the are rest in an attempt to keep it in the air. I tried to keep her calm. I told her not to worry the tail always broke off of the plane in a crash.

My neighbor was also on the plane. We hadn't planned it. She was on her way to California. We seldom see one another. Too busy. But we took a moment on the plane.

I was in Houston forever. The flight was delayed. Our plane arrived an hour late which made everything late.  I was in the very back seat again. I guess I need to choose my seat when I fly. This time the woman next to me spoke no English and I speak no Spanish. We got along just fine.

When you fly into Mexico City, it is just like any big airport in the USA. Dunkin Donnuts, Star Bucks, restaurants and bars. You travel down a Corridor to find that you are in a large room. A sign directs all foreigners to the left. It takes a second to realize hey I'm the foreigner. I handed the man my entry papers and he directed me to booth 14. A few seconds later I was on my way to see if my luggage would be searched. We when entering Mexico you have to declare in writing that you are not bringing any money or other items valued at more than $10,000. You also swear you are not bringing in any animals alive or dead. You hand your declaration to the person who glances at it. Then you push a button. A sign lights up. If it lights up red you are lead over to a counter where they take everything out of your luggage and inspect it. When mine lit up green I shouted "Yes! baby!" And pumped my fist in the air. I need to get over being so shy.

Charlie Goff was waiting to meet me. He took me to eat at an Italian restaurant in the airport. Where I ate pasta. I drank Mexican wine. For desert I had Apple strudel with ice cream.  I was full and tired and relaxed.

Charlie drove us around Mexico City which was dark. I thought we were getting pulled over because police cars were coming behind us with all their lights lit up. Charlie told me that in the night time the police always run with their lights on. If they are after someone they turn on their sirens.  It looked like there were hundreds of police cars out because of this. It makes you feel very safe.

Charlie told me about the Blessed Virgin of Guadalupe. He also told me about how the Jaguar got his spots and why the Eagles wings are dark and why there is a rabbit in the moon.  We got to the hotel after midnight.

Space Ships and Airplanes

Usually I accept what each day brings as it unfolds. Today I'm excited. This is because I am traveling to old Mexico. I will fly out of Huntsville, Alabama make a brief stop in Houston, Texas and end the evening in Mexico City.   I will spend the night at a beautiful hotel, the Hotel Villa Arqueologica.

I know many people who travel the world and this would be mundane to them.  The whole idea of waking up in Alabama and going to bed in Mexico is a marvel to me. I still do not understand how a plane flys through the air. I'm not afraid. I just climb on the thing and expect to walk off. Thank you Wright Brothers.

Husband watches Ancient Aliens. He sometimes talks back to the dude with the wild hair.

Telling him if he read the Bible he would understand it wasn't aliens. Still he watches the show and often. Many of the episodes are filmed close to the Hotel Villa Arqueologica. Ancient alien theorist believe that Aliens built the Pyramid of the Sun and kind of hung out there to either help mankind, or tinker with our DNA, or try to wipe humans out. It sort of depends on the episode.    


Anyway, I'm excited!  Tonight I will be at the hotel outside of Mexico City.  What a marvelous world.

BUT MY DOCTOR PRESCRIBED IT!

I have written several times on DUIs Driving Under the Influence. Still every time I go to court there are people there who do not understand how they ever got charged to begin with. Most DUIs come about because of the use of alcohol or illegal drugs. However the use of legal drugs -- prescriptions or over the counter medicine -- can can also lead to impaired driving and possibly arrest.

I have represented many people who were charged for DUI because of over the counter medication. NyQuil can get you arrested.  Doctors often prescribe medication that interferes with the ability to drive or to stay awake.  We all know, both legal and illegal drugs can lead to addiction and impairment.

Here are some common medication types that could impair your driving.
     Antidepressants — not all antidepressants are problematic, but the ones that cause sedation, may interfere with your ability to safely drive a car.
2)      Pain medications — especially those that contain opioids or opioid-like substances like codeine, oxycodone, vicodin, morphine, tramadol, (ultram®) are a problem for driving.
3)      Tranquilizers — anti-anxiety drugs, especially those that belong to a class of medications called benzodiazepines—diazepam (Valium®), alprazolam ( Xanax®), impair driving.
4)      Diet pills — the ones that have stimulants in them can be very problematic; they can make you feel jittery, and you can become too impulsive and make bad decisions on the road.
5)      Antiseizure drugs — phenobarbital, lorazepam (Ativan®), clobazam (Onfi®), clonazepam ( Klonopin®) and others like them may cause sedation and slow your reflexes.
6)       Anti-allergy medications — especially ones that contain certain antihistamines like diphenhydramine (Benadryl®) or certain decongestants could cause sleepiness.
7)      Sleep medications  — diphenhydramine (Benadryl), ambien (Zolpidem®), lunesta- (ezopiclone®) that help you fall asleep will affect your driving.

The elements of a DUI offense are:
The person drove a vehicle -- that is, steered and controlled it while it was moving.
At the same time, the person was under the influence or intoxicated; that is, his or her ability to drive safely was affected to an appreciable degree by either an alcoholic beverage, a drug, or a combination of the two.

The National Highway Traffic Safety Administration has become concerned about the impacts of drug use on driving. In a July 2009 report, the NHTSA found that while drunk driving has decreased markedly in recent years, approximately 16% of nighttime drivers have some sort of potentially impairing drug in their system. This same 2009 study showed that one-fifth of those killed in car crashes in 2009 tested positive for some form of medication or drug not counting alcohol. The Centers for Disease Control report that 18 percent of motor vehicle deaths are related to drugs.

A 2010 survey by the Substance Abuse and Mental Health Science Administration found that almost 10 million Americans drove while under the influence of some type of medication.

Do not drive while on any medication.  However, if you do and you are stopped while driving do not volunteer information about your health.

FOR THE LOVE OF CHILDREN

This week during a child custody and visitation hearing it occurred to me that people Including parents do not know much about these legal proceedings.  First no one wants to be in this type of hearing. The best thing in almost every case is to try and resolve the disputes without a trial.   Look at your children and try to understand what is best for them. I know that the other parent is a moron and doesn't cooperate. The other parent may want to strike out at you and if the child gets hurt a little so what. Still look at your child and try to find a way.

Maybe some non-legal visitation guidelines would help.
First show up for the visitation exchange on time.  Your children get panicked if you aren’t there.  It is not good to put this stress on your children and it makes you look bad.
Come to the visitation prepared. Have the proper child restraints and a driver's licenses. Be sober. Leave the weapons at home this includes your new girl or boy friend.

Be reasonable when it comes to changes in the visitation schedule and the place of the exchange.  You may be the one asking for flexibility the next time and need the favor returned.
Encourage your children to respect and love the other parent.  Whatever hostility you may feel towards the other parent don't say anything about it .  Bite your tongue and don’t say anything negative about the other parent or stepparent around the children.
Do not use the children to pass messages. Do not hide recording devices on the child or in the child's belongs.

Keep excellent records of when the other parents visits or misses visitation.  Including times, dates, and anything that you might need to remember should you end up in court.
Tell the other parent of ANY bruises, cuts, scrapes, and illnesses. Children get hurt but if there are trust issues the other parent may believe the child was hurt by your hand or negligence.
Also keep records of bills.  Send receipts for medical bills with both the statement of what was done and the charge and proof that you have paid it.  Both are needed to make a clear showing of what’s due.

The alabama courts prefer a joint parenting arrangement. Meaning that both parents should be able to spend time with the children. It takes a big change in the life of the parents or the children to change legal custody  A child is NEVER old enough to choose with which parent to live. This is not a burden for a child to carry. So do not believe that you can go to court with evidence that a child is not happy with the custodial parent and walk out with a change of custody.


The best time to fight for custody is during the divorce. It is best to hire a good lawyer then and go for custody. It is difficult to change custody at a later time.

Joy Killers

This the season! Yes the season for accumulating debt. Good Friday is a date where people shop in brick and mortar stores and on line. We are getting ready to charge Christmas

First I'm not into giving lecturers so I'm not going to tell you all of the wonderful ideas about how to stay out of debt. I'm also not going to tell you ways to make your own personal handmade gifts. As a lawyer I will tell you what happens if the credit companies come for you.

First when you get the threatening calls do not let their harassment or threats make you pay low priority debts before more important debts.  I know they are saying you will be sued and sometimes you are told you will be put in jail. We did away with debtors prison. You can not be placed in jail for none payment of debts. Also don't worry about threats to bring suit, take your household goods or garnish your wages. This is unless you have received court papers.

When you get the call, explain to your creditors why you cannot pay debts now and say when you will be able to pay them. You are not required to talk to creditors at all so if they get rude just disconnect the call. 

If the debt is secured (meaning you have used some of your property to get the credit) the company may attempt to reposes the property. However, if it is furniture or a great TV you bought on credit the creditor cannot come into your house without your permission.

A creditor can take you to court and sue you for the debt. If you get papers from a court you have to answer them right away. After you answer you will get a trial. Any court can be complicated, so it is very important that you call a lawyer right away if you get court papers.

If you receive court papers then a creditor may be able to take your wages or property. This is if they get a judgement and then after waiting at least another 14 days.

If your bill is turned over to a debt collector you will have more legal protection.

Unlike creditors, collectors are subject to a federal law called the Fair Debt Collection Practices Act (FDCPA). This law prohibits harassment or deception. A debt collector is anyone who regularly collects debts owed to others. This can include lawyers

Debt collectors can't contact you at unreasonable hours such as Sunday mornings. Unless you give permission in advance, a debt collector may not call you at before 8 a.m. or after 9 p.m. They can't call you at work or use obscene language. It is against the law for them to call repeatedly to annoy you. They are not allowed to threaten to sue you unless they do plan to do so. They can't threaten to immediately garnish your wages unless they have already sued you and gotten a judgment. No one can take Social Security, SSI, TANF, VA benefits and Food Stamps. Even though theCollection Practices Act puts limits on what debt collectors can do; the law does not erase any debt you owe.

If you have a lawyer, the debt collector must call the lawyer, rather than you. If you do not have a lawyer, a collector may call you and other people to ask where you live, what your phone number is, and where you work.

Take Me Out To The Ball Game

Many years before I went to law school I lived in downtown Russellville. It was common practice then to contact city hall when you wanted something done. I’m not talking about a complaint or getting an ordinance passed I’m talking about a little work around the home place. If you backed a candidate and that candidate won you could expect a little help.


I had a family member who needed a drainage ditch dug on his private property. The city sent some employees over to take care of it. It was just a few hours work and it didn’t seem to bother anyone. The same was true for many things such as using the city’s employee to run the city’s dozer or grader to do a little work on private property.

This all changed a little many years ago. The laws forbid anyone employed by the city, county, or state to do work on private property while being paid by the government. It also made it illegal to use city, state or county equipment on private property.

Now, however, the law is much tougher. The 2010 special session of Alabama legislature passed a new ethics law. This act became law on January 1st of this year. It requires all city mayors to attend a training session on the new law. It also requires that every state office holder to attend the ethics training sessions.

The law makes it clear that any person that works for the state, an Alabama county, or city is forbidden from doing work on private property. In May of this year a mayor was accused of using city pump trucks to remove water from a parking lot where a for-profit event was scheduled. The law also makes it clear that any person that is an elected official of the state, an Alabama county or city is forbidden from receiving anything of value from another person. William B. "Bill" Blount was an investment banker, bond underwriter, and former Alabama Democratic Party chairman. Jefferson County Commissioner, Mary Buckelew was given a few gifts by Mr. Blount. These gifts included Italian designer shoes, purses and a spa treatment. She was given a light sentence under the old ethics law. Under this new law she could have receive substantial prison time. A conviction under the state ethics law can yield a prison sentence of two to 20 years on each offense and a fine of up to a $30,000 per offense.

Elected officials are not allowed to use their office for personal gain even if the gain is very small. There is controversy brewing in Montgomery over baseball tickets. The Montgomery Biscuits (here is their link http://www.biscuitsbaseball.com/schedule.html ) season ticket holders often took state officials out to the ball game. Now they are reluctant to do so. Some have said they don’t think they will be able to use the tickets anymore because they can’t take their elected friends with them. Let’s just hope they don’t buy them some peanuts and Cracker Jacks.

ALL THE MONEY

This past week I went to divorce court in another Circuit. A young man hired me after he received notice of a default judgment. A default judgment is what happens if you do not show up for court. The other side wins and wins big. This gentleman had never been notified of the court date. He had not been served divorce papers. The default divorce gave him supervised visitation with his child. The visitation could only occur at the mother’s discretion. He was also ordered to pay child support and alimony both of which exceeded his income.

Child support is set by law in Alabama using a specific formula. However, if you are not in court to challenge the numbers you lose. Unlike child support, there is no formula to determine the amount of alimony.

An ex-spouse may receive alimony from the spouse who has the ability to pay. Alimony is given to balance the economic status for both parties as it existed during the marriage. Alimony in gross is a lump sum payment. Alimony in gross is similar to a division of property. It can’t be modified after 30 days from the final divorce decree being entered. Also remarriage of the receiving party does not necessarily stop the payments. The lump sum payment may be nontaxable.

Periodic alimony payments are made over time. They differ from alimony in gross. The amount can be modified if there is a showing of a material change in circumstances for either party after the divorce (Such as the paying ex-spouse losing the ability to pay.) Periodic alimony stops when the receiving ex-spouse remarries or cohabitates with a member of the opposite sex. It also stops upon death of either party. Periodic alimony is a tax deduction for the paying spouse and income for the receiving spouse. Periodic alimony is payments made for a determined amount of time.

Sometimes an ex is granted rehabilitative alimony for a short period of time such as two to five years. It is designed to help a spouse go through school or to transition back into the job market.

If the judge decides to give alimony there are several things to consider. The judge must determine if there is a need for one to receive the money and also if the other has the ability to pay. The length of the marriage is an important factor. The judge also looks at the ages and health of each party. The judge also considers the conduct of the parties during the marriage. Sometimes alimony is awarded to the faithful spouse as the divorce has been brought on because of cheating.

Periodic alimony is often subject to termination if the former spouse is living openly or cohabiting with a member of the opposite sex. This requires proof. If the former spouse merely has a roommate of the opposite sex who pays rent and there is no evidence of sexual activity between the two, proof of cohabitation probably does not exist.

If the paying party files bankruptcy, alimony payments must still be made. Oh, what happened to my client? Well, among other things; he no longer has a duty to pay spousal support.

Techno-Law

In 2006 Alabama court officials introduced an e-filing system to allow thousands of attorneys to securely file complaints, discoveries, proposed orders and other documents over the Internet. The Alabama Administrative Office of Courts (AOC) expected attorneys to electronically file about 80 percent of all civil cases through AlaFile by the end of 2006. Civil cases include family matters such as divorces and child support. AOC is the office that oversees the state’s unified court system and is responsible for centralized purchasing, personnel issues, technology and other matters. Alafile is the name given the new system allowing legal documents to be filed over the internet.

I do not believe that AOC adequately calculated attorney’s reluctance to embrace change especially changes in technology. Most of us only change when we are forced to. If it ain’t broke don’t fix it. We have all been e-filing appeals for some time. A few adventurous attorneys have begun filing some of their civil documents on line.

You may have heard that there have been changes brought to the state court system because of a lack of money. Some counties have been requiring that everything filed in civil and criminal court be e-filed. The Chief Justice of the Alabama Supreme Court, Sue Bell Cobb, has set up deadlines that must be met by each state court. The time has come to Franklin County for all civil matters to be filed over the internet.

When I first started practicing law here in 1984 I believe the filing fee for a circuit court civil case was $49. This fee allowed multiple modifications, contempt petitions, and defaults. Now it cost $156 to file the original complaint or petition. It cost another $256 to file for modification and an additional $56 to file for a default judgment.

E-filing will save money and time. Tax payers will spend less money on paper, file folders, postage, printers, ink and personnel. It is also suppose to be more accurate and efficient. I guess it will be better after the learning curve.

My thought is that if it will work better for my clients to have everything to be filed electronically I’m in favor of doing it. Also if everything filed in court is on the internet my clients should have access to all of that information. I have a system that is being put into place that will do just that. This system is currently available only to my domestic relations clients. If my office represents anyone in a divorce or custody matter they will be able to access their file over the internet. They will also get e-mail notifications of everything that has been updated or changed. This is so new that I don’t have e-mail addresses for most of my clients. They can’t connect to this new system until I’ve obtained that address.

As soon as we all learn to file the civil cases over the internet we will be required to electronically file criminal cases also. So let’s work out all the bugs and get on the bandwagon.

Rebecca Green Thomason

Lawyerthomason@gmail.com

Greenthomason.com

256.331.0800

Foreclosed? Is it legal?

There are so many houses for sale in Franklin County. Many of the empty houses are a result of a loan foreclosure.

In Alabama a foreclosure does not have to go through the court system. Sometimes a lawsuit can be in the final stage of foreclosure.

Before there can be a sale the mortgage company sends a notice that the loan is being accelerated and that a foreclosure sale will occur in 30 or more days. The loan company must advertise the foreclosure sale in the newspaper in the county where the property is located for three consecutive weeks. If the property shows up in the legal notices then the borrower needs to try to get a loan modification, reinstate the loan, or obtain another loan. It may also be a good time to seek advice from a bankruptcy lawyer on filing a chapter 13 bankruptcy to stop the foreclosure. Many times the mortgage company or loan officer has not followed the letter of the law. The borrower may want to check with a lawyer to see if they can sue the mortgage company. A suit will often stop the foreclosure sale.

Sometimes the mortgage company will decide to sell the property on a different date than was published in the paper. If the company fails to give proper notice of this change, the sale may be considered an illegal sale. The sale usually happens on the courthouse steps. The sale starts right on time. We have had people show up for the sale five minutes after the published time only to find out that the property was sold to the high bidder. Anyone with the money or the credit can buy the property at the sale; the mortgage company, the original owner or an investor.

The new owner will need to record a foreclosure deed in the probate court of the county where the home is located.

Usually a letter is mailed by the new owner the day after the foreclosure sale. The letter informs the borrower that they have ten days to leave the property. If the owner fails to leave then they will lose their right of redemption. In Alabama a borrower has twelve months to redeem or buy back the foreclosed property.

If the borrower stays in the home after the ten days the new owner must file an ejectment lawsuit. Often the lawsuit requests that any deficiency be paid and for the judge to declare that right of redemption has been lost.

The borrower must answer the lawsuit within thirty days. Many people just don't file an answer. This is when a default judgment is entered against them which will include being ordered out of the home. Often the answer will include filing counterclaims against the company or new owner. The counterclaim is often for fraud or a broken contract.

Often the mortgage company is located in another state but must sue in Alabama. The judge will usually require a corporate representative to come to Alabama to give a deposition and to attend the trial.

Rebecca Green Thomason

Attorney at Law

115 South Jackson Ave

Russellville Al 35653

lawyerthomason@gmail.com

greenthomason.com

256-331-0800

Smile

I’ve been somewhat melancholy for the past week. I needed a few jokes to lighten my mood and thought you might need a small laugh too. However, in our politically correct society, it’s hard to tell a joke without offending some group of people. There is one group that can be made the bunt of a joke and no one will get upset. You got it lawyer jokes are always politically correct. So here goes…

An attorney telephoned the governor just after midnight, insisting that he talk to him regarding a matter of utmost urgency. An aide eventually agreed to wake up the governor.

"So, what is it?" grumbled the governor.

"Judge Garber has just died" said the attorney, "and I want to take his place."

Replied the governor "Well, it’s OK with me if it’s OK with the undertaker."



Two attorneys went into a diner and ordered two drinks. Then they produced sandwiches from their briefcases and started to eat.

The owner became quite concerned and marched over and told them, "You can't eat your own sandwiches in here!"

The attorneys looked at each other, shrugged their shoulders and then exchanged sandwiches.



An attorney defending a man accused of burglary tried this creative defense: "My client merely inserted his arm into the window and removed a few trifling articles. His arm is not himself, and I fail to see how you can punish the whole individual for an offense committed by his limb."

"Well put," the judge replied. "Using your logic, I sentence the defendant's arm to one year's imprisonment. He can accompany it or not, as he chooses."

The defendant smiled. With his attorneys assistance he detached his artificial limb, laid it on the bench, and walked out.



An attorney was on vacation in a small farming town. While walking through the streets, a car was involved in an accident. As expected a large crowd gathered. Going by instinct, the attorney was eager to get to the injured, but he couldn't get near the car. Being a clever sort, he started shouting loudly, "Let me through! Let me through! I am the son of the victim."

The crowd made way for him. Lying in front of the car was a donkey.



A doctor and an attorney in separate vehicles collided on I-65 one foggy night. The fault was questionable, but both were shaken up, and the attorney offered the doctor a drink from a pocket flask. The doctor took the flask with a shaking hand and belted back a couple of swallows.

As the attorney started to put the cap back on the flask the doctor asked, "Aren't you going to have one too, for your nerves?"

"Of course I am," replied the attorney, "after the Alabama Trooper gets here."

How can a pregnant woman tell that she's carrying a future attorney? She has an uncontrollable craving for baloney.

What do you get if you send the Godfather to law school? An offer you can't understand.

Rebecca Green Thomason

www.Greenthomason.com

256.332.0800

Twisted

The tornados in Alabama have left devastation on an unprecedented scale. There are more than 200 people confirmed dead and many thousands more lost their homes and all their possessions. Much of this painful damage to life and property occurred right here. The thoughts and prayers of every member of the Franklin County Bar Association go out to the families touched by this tragedy. We have all been touched in some way.

The Franklin County Bar Association will provide free help to storm victim such as helping them file insurance claims. This is an often time-consuming and confusing process, which seems especially disheartening in the face of such tremendous loss. They will also help with FEMA claims and give advice on landlord-tenant issues. They will be available to answer any legal questions that relate to the storms and the loss of life and property and other legal matters related to Wednesday's storms.

Others are trying to help too. The Department of Insurance has instructed insurance companies to give customers who can't pay their premiums because of the storms a 30-day grace period. The order means customers who have been affected by the storms can't have their coverage canceled for nonpayment until May 27, 2011.

Insurance companies recommended that homeowners who have minor damage should go ahead and make temporary repairs themselves. They should board up broken windows and put tarps over holes in a roof. Then save your receipts to show to your insurance adjuster to cover costs of the necessary materials.

Many insurance companies are setting up portable offices throughout the state. I do not know if any will be in our area. You may have to wait for assistance from your insurer as they may have to add temporary staff to help with the huge amount of claims. If you can find your policy; review it. Bring the police to any attorney you decide to seek advice from. The Alabama Department of Insurance phone number is 800-433-3966. You may also go on line to register for an emergency insurance adjuster at http://www.aldoi.gov/Licensing/EmergAdjustForm.aspx

Remember, as repulsive as it is, scams follow disasters. So be on the lookout for roofing and other repair scams. Also, be sure to confirm the identity of anyone claiming to represent your insurance company. You should also be careful in the next few months of attorneys from out of the area. Attorneys who advertize quick fixes to your problem need to be scrutinized carefully. It is not ethical for an attorney who you do not know to contact you about representing you because of your storm damages. Just contact any attorney who is currently an active member of the Franklin County Bar for free legal advice. We, like you, have lost property, friends and loved ones.

Rebecca Green Thomason

Lawyerthomason@gmail.com

Greenthomason.com

256.331.0800

A duty not a right

It has always been that way and that is the way we have always done it. A parent who can not or will not carry out his duties and responsibility as a parent can have his rights as a parent terminated. This follows common sense. A parent who abuses her children and can’t be rehabilitated is dangerous to the child. He or she should not be allowed to make decisions for the child or about the child. Also they shouldn’t be allowed to visit with the child.

There was a woman in Alabama who was married and had two children. She also had a child from a previous marriage. Her husband and the father of two of the children molested her older child. She divorced him in February 2003. The divorce judgment awarded custody of the two children to the mother and ordered the father to pay $540 per month in child support. In August 2003, the father pleaded guilty to his crime against his step child. In October 2005, a juvenile court granted the mother's petition to terminate the father's parental rights to their two minor children. When his rights to his two children were terminated he quit paying the child support.

On January 4, 2007, the mother asked the court to find that the father was in contempt of court because he had not paid his child support. The court decided that the father was $16,730 behind in his child support. The father asked the court to reconsider its ruling because his rights to his children had been terminated earlier. The court did and decided that he did not have to pay the child support. After this the case went to the Alabama Court of Civil Appeals which decided that he did not have to pay the child support.

On September 30, 2009 the Alabama Supreme Court decided that even though the father’s rights to his children were terminated the responsibilities that he owed to the children had not terminated. Over the years lawyers have just always accepted as fact that if a parent’s rights were terminated so was his duty to pay child support. This is no longer the case. Parents who have lost their rights to their children now have the responsibility of paying child support unless a court releases them from that responsibility.

A parent who places a child for adoption may have to pay support until there is a final decree of adoption. This new understanding of the law will be best for many children. The parent who still has custody of the child will not have to bear the financial burden of the child alone. It does seem harsh that a custodial parent of a child has to face all the monetary needs of the child while the abusive parent does nothing. Also, there are many children “in the system” who get no support from either parent. The State of Alabama pays for their needs out of collected tax revenue.

Just Pucker Up and Blow

A whistleblower is a person who raises a concern about wrongdoings by a government agency, a state agency, or a private company. Whistleblowers frequently experience revenge when they have been found out. The term whistleblower comes from police officers who blow their whistles when they noticed the commission of a crime. The whistle would call attention to the danger. There have been many cases where punishment for whistle blowing has occurred. A whistleblower may be fired, suspended, demoted, and treated harshly by other employees.

The Whistleblower Protection Act protects federal whistleblowers, who work for the government and report agency misconduct. A federal agency violates the Whistleblower Protection Act if Agency authorities take or threatens to take a disciplinary action because of any disclosure of information by the employee. Whistleblowers may file complaints that she reasonably believes that there is a violation of a law, rule or regulation; gross mismanagement; gross waste of funds; an abuse of authority; or a substantial and specific danger to public health or safety. A whistleblower can’t be legally fired for telling all about her employer.

There has been a new case that has expanded this principle. Thompson v. North American Stainless, was published on January 24, 2011. Miriam Regalado, filed a sex discrimination charge with the Equal Employment Opportunity Commission (EEOC) against her employer, respondent North American Stainless (NAS). Ms Regalado’s boyfriend Mr. Thompson worked for the same company. NAS fired Mr. Thompson after Ms Regalado filed her complaint. Thompson then filed his own charge and a law suit under the Civil Rights Act. Thompson claimed that NAS fired him to retaliate against Regalado for filing her charge. The first court dismissed Thompson’s suit on the ground that Thompson was not entitled to sue NAS for retaliation because he had not engaged in any activity protected by the statute. The second court agreed because Thompson was not the whistle blower his girlfriend was.

The United States Supreme court did not agree stating, “A reasonable worker obviously might be dissuaded from engaging in protected activity if she knew that her fiancé would be fired.”

There are many cases that deal with whistleblowers. There are also many laws on the books to protect them. So even if they are not employed by the federal government they may be protected. Whistleblowers play an important role in overseeing the business practices of companies and organizations. Under most state and federal laws, the whistleblower can be given legal protection. Sometimes they may be given monetary compensation for stepping forward and doing the right thing. Several large pharmaceutical firms have been targeted by whistleblowers for illegal activity recently. These companies have settled their cases outside of court. The companies were fined several million dollars which was paid to the federal government. The whistleblowers also received a cut of the monetary settlement.

For more information on this subject check out the web. There are many web sites that deal with this subject.

Gun Smoke

 

A friend suggested I write this week’s column on Alabama gun laws. I think with all that has been going on in Arizona his suggestion is very timely. First the Second Amendment to the U.S. Constitution gives us the right to be armed. However, the federal government has regulations that every state must abide by. The National Firearms Act (NFA) requires that certain weapons be registered and fees be paid. The NFA weapons include machine guns, grenades, bombs, explosive missiles, poisonous gas, short barreled rifles and shotguns and many other similar weapons. One cannot transport these across state lines without proper federal paperwork and fees.

Some states require registration and licensing of firearms. Alabama does not. Here people are allowed to carry concealed handguns on their person and in their vehicle if they have a firearm permit. A permit is not required if a person is carrying the weapon openly such as on the gun rack of their truck. If a person carries a concealed weapon without a permit they can be fined not less than $50.00 nor more than $500.00, and may also be imprisoned in the county jail for not more than six months. However, it is easy to obtain a permit. The county sheriff may issue a permit to applicants unless there is a reason not to. The sheriff is required to do a background check to determine if the possession of a firearm would be in violation of state or federal law. The sheriff may also revoke a permit if he believes it to be necessary.

The permit is good for no more than a year. It will have the name, address, description, and signature of the licensee and the reason given for desiring a permit. The permit is given to the applicant and a duplicate is sent to the Director of Public Safety. The sheriffs’ office will also keep a copy on file for six years.

Loughne would not likely be issued a permit locally. The Code of Alabama states that no one who has been convicted of a crime of violence can own, possess, or have one under his or her control. No one who is a drug addict or a habitual drunkard is allowed to own a gun. Also in order to buy a handgun one must be over the age of eighteen and be in a sound state of mind. It is also illegal to sell or give a firearm to any of these people.

Even if he did have a permit he could not bring it with him to see Congresswoman Gabrielle Giffords. It is against the law for anyone to have a firearm in their possession while participating in or attending any demonstration being held at a public place. This ban also includes picketing, speechmaking or marching.

Also we have a catch-all law that gives law enforcement the right to disarm anyone if it is necessary for the protection of the officer or another individual.

No Abductions

A new Alabama law went into effect on January 1, 2011 to prevent the abduction of children. This law applies to parents who are in a custody dispute and have filed for custody with the court. However, in some instances the law applies to parents who have not filed papers in any court. If it is suspected that a person intends to abduct a child anyone can file a petition to prevent the abduction. It is anticipated that the court can do this on its own or the parent or the district attorney will file.
Parents who have made credible threats to abduct a child or have a history of attempting to take the child are particularly high risk especially when accompanied by other factors, such as quitting a job, selling a home, and moving assets. The more of these factors that are present, the more likely are the chance of abduction. However, the mere presence of one or more of these factors does not mean that abduction will occur. Parents who have a custody determination are already required to notify the other parent before they move. This is done in order to give time to object to the move. Now if a parent sells their home or terminates a lease without notifying the other parent they may be a suspected of planning an abduction. This is also true if they close out their bank account or quit their job. If a non-custodial parent asks for the child’s school records it may be an indication of a plan to abduct.
We have many parents in Franklin County who are from other countries. If one parent has close ties with another country, such as Guatemala, it will be easier to show that there is a chance of abduction.
If the judge believes that a child is in danger of being abducted they can issue an order to prevent it. The judge can issue an order that restricts the travel of the parents; prohibit the parent from picking up the child from school, not allowing the parent to approach the child anywhere outside of specific supervised visitation. The judge may collect the parent’s and the child’s passport. She may also require the parent to post a bond in an amount sufficient to serve as a financial deterrent to abduction.
If there is a substantial fear of abduction the judge may issue a warrant to take physical custody of the child. This can be done without notice to the other parent. However, he should hold a hearing as soon as possible.
This law doesn’t change the existing child custody laws. It attempts to put in place a way to stop abductions before they can happen. The provision to ask the courts to get involved before there has been any wrong acts is new. If you are a parent do not ever say that you will take the child. If in anger you say these words and you also move, get school records, and close out your bank account you can find yourself in a web of legal proceedings.

HAPPY 2011

If you didn’t know there are several web sites dedicated to making or creating resolutions for the New Year. They list the top ten resolutions. Number one is to lose weight. Judge Terry Dempsey has followed this mighty tradition with the desire to lose 30 pounds in 2011.


Number two on the list is to get organized. Our District attorney Joey Rushing has a variation on this. He stayed after the courthouse closed over the holiday and cleaned up his office. He resolves to keep the top of his desk so clean that he can see the person who is sitting on the other side of the desk.

Spend less and save more is in third place on the web. No one told me that this is their resolution. Maybe we should all save more and we may all spend less because of the doom predictions on the economy. In my Pollyanna world this is not going to be a problem.

Number four on the web’s list is to enjoy life to the fullest. It isn’t my resolution but I do try and enjoy myself each day. I often tell my son John Isaac to have fun. He is at Birmingham Southern College and I want him to have much fun now. When he has a job, family, and responsibility it may be difficult to just let go and enjoy.

Melissa Cason said that her resolution is to have more fun, get more fit and to stay fabulous! I think she is in the spirit of number four. However, it also goes with number five which is to get fit and to stay healthy. Molly Ann Bates said, “Mine are the same as most people’s Diet, exercise, and try to survive. I want to stay healthy too. I just don’t want to do those yucky healthy things.

Number six is to learn something exciting. In my job I learn many exciting things most of which I can’t repeat. I have tried now for three years to learn Spanish. I can now say a few colors count to five and know lots of food names.. taco .. burrito, cheese dip.

Quit smoking is number seven. This is very hard to do. If this is your resolution let me know and I will pray for you. I believe that this can be done with Divine intervention. This leads me to number eight; helping others.

To fall in love is number nine. My experience has been that it is too easy to fall in love. The trick is to fall in love with the right person. This flows right into number ten spending more time with family. I think with all of the snow we have done this for 2010 now on to next year.

Tawanna Kendrick Richardson said, "Actually this was from last year but it worked. Every time something from my past that was negative came to mind I would change the thought to something positive." Paula Norris Mullens said, “How about simply refocus... That's what I plan on doing. Reset my focus..”

Joan Allen resolves to have quite evenings of meditation. My daughter, Hannah Grace says that she wants to be a better and nicer person. She is the best just ask me. Oh! Maybe my resolution should be to stop bragging about my kids and grandkids. No, that just not possible.
 You might want to check out these sites
www.kcnewyears.com/newyearsresolutions
www.2011resolutions.org

HO HO HO NO NO NO

Santa Claus - AKA Saint Nick - AKA Jolly Old Elf - AKA Father Christmas is wanted for multiple crimes. First and foremost he has broken into millions of homes over the past few years. For each breaking and entering offense, Santa faces up to fifteen years in prison. The sentences could be served consecutively, meaning that Santa could end up serving more than 1.5 billion years in prison if sentenced to the maximum penalty. Many states have harsher breaking and entering penalties if the crime occurs at night, which could further extend Santa's time in prison.
As Santa’s attorney, I’m hopeful that the judge will show leniency toward Mr. Clause. A best case scenario would involve several million of the breaking and entering charges being dropped. Mr. Claus would be allowed to plea to three counts to run concurrently. He would also be allowed to request and to apply for probation.
It is my belief that Santa Clause entered these homes with only good intentions. My client has never forced his way into the homes. He has never caused any damage to the homes, and never took anything other than milk and cookies. He has actually left things of value in most of the homes he has entered. Although some home owners do want him prosecuted for criminal littering as it appears that he has left lumps of coal and switches in some of the dwellings.
Mr. Claus is also charged with stalking and has admitted to knowing who is being naughty and who is being nice. By this admission it can be proved that he has had unlawful surveillance of several million people.
It appears that he has been raising livestock without proper inspection. Also a reindeer is not a domesticated animal and should not be allowed to cross state lines without the proper vaccinations, Coggins test and veterinarian certification. Mr. Claus could be spreading parasites throughout the country and bringing in unwanted vegetation. Some believe this is how kudzu gained a stronghold here in the south.
The authorities at the North Pole are wanting to question Mr. Claus about the alleged sweat shop that he operates there. It seems that he forces little people to work for him for wages far below average. He also denies them time off for meals and breaks that the union has guaranteed.
The prosecution has argued against any special treatment for Santa stating that a crime is a crime. The officials are firm in their belief that no special treatment should be given to Mr. Clause just because he is famous. Some people believe that the punishment should be the same for everyone, no matter who they happen to be. It has been said that Santa should be punished to the fullest extent of the law.
There are several other countries wishing to bring charges against Santa Clause and have requested his extradition. So in the future Mr. Claus may not be saying ho ho ho. He may only state not guilty.

Show you care make a will!

I know that I’ve written about the importance of a will before. However, it needs to be said again. I have a dear friend who just passed away. As a matter of fact I’ve just come from his funeral. While talking to his relatives I was asked about why he didn’t have a will. For at least ten years I’ve suggested that he write a will and a living will. He was in good health. He just didn’t do one. He has strong healthy children and grandchildren, all of whom seem to be very intelligent. They spent much of their grief time attempting to understand what their love one would have wanted. Everyone wanted to do the right things but there was no way to know for sure what their dad would have wanted. Watching this lovely family making all of the decisions has prompted me to write this.
First of all everyone needs a will. There are no exceptions. A will is not expensive. The attorney fees start at seventy-five dollars. You do not have to know all your property. For incidence you do not have to put down the make and model of your car. Chances are that at the time of the will you will not have the same car. A will is a general instruction about who gets what after you have gone. You can say to my son I leave all of my guns. To my daughter I leave all of the jewelry. You do however need to know who you trust to carry out your wishes. You need a personal representative. This is what we use to call an executor. You also need a person to be an alternate. This is just in case the chosen executor has predeceased you or for some reason can’t do the job. Most couples make their spouse their personal representative and a child their alternate.
Second, it takes away a lot of pain for your loved ones if you have a living will. In the past women gave birth whenever the baby wanted to come. Now days the event is often planned. The family and the doctor decide when to induce the labor. It seems the same thing has happened at the end of life. The doctors have machines that can keep your lungs, kidneys, and heart going for a long time. Then after the family has spent several weeks at the hospital the machines can be removed. This takes the suddenness out of the death. It prepares the living for your passing. If you wish to be placed on life support you can say so in your living will. If you want to die in a more old fashioned way you can. In a living will you can determine how your last illness is handled. This is not what any of us want to think about while we are rushing through our healthy days. However doing a will and a living will are great gifts to give your loved ones as you are leaving this earth for your heavenly home.

ARE YOU OLD ENOUGH

The age of consent in Alabama is sixteen years.  If a child below the age of sixteen has consensual sex the adult can be charged with rape second. This is a felony offense that includes fine cost and prison time.  The most servere punishment is not prison time it is the Alabama Sex Offender Notification Act.  This act requires the person to register as a sex offender for the rest of his life.
You must be at least sixteen years old to get a driver's license in Alabama. You must be at least fifteen years old to get a learner's permit. If you are under eighteen, you need to have had a learner's permit for at least six months before you may apply for a driver's license. You have a restricted driver's license if you are sixteen or if you are seventeen and have had the license for less than six months. There are two general restrictions on this license. First, you may not drive your car after midnight. Second, you may not drive with more than four people in your car excluding parents or legal guardians.
The legal age to marry without parental consent is eighteen. People who are sixteen or seventeen years old may marry with the consent of both parents. Prospective brides and grooms should bring a certified copy of their birth certificate to the courthouse to obtain a marriage license. Both parents must present valid identification and consent in writing, for someone aged sixteen, seventeen or eighteen to marry.
The age of majority, in the state of Alabama, is nineteen years of age for an unmarried person and eighteen years of age for married persons, widows or widowers. Any person in this state, at the arrival at the age of nineteen years, shall be relieved of his disabilities of minority and thereafter shall have the same legal rights and abilities as persons over twenty-one years of age. No law of this state shall discriminate for or against any person between and including the ages of nineteen and twenty-one years solely on the basis of age. (Code of Alabama) The definition of age of majority is: "The age when a person acquires all the rights and responsibilities of being an adult." The rights of the parent, in the state of Alabama, are transferred to the child, when the child turns nineteen.
It is unlawful for any minor to purchase, use, possess, or transport tobacco or tobacco products within the state of Alabama. It is unlawful for anyone under the age of twenty-one to buy or consume alcohol in Alabama.
Alabama law prohibits anyone from selling, giving or lending a handgun to any person under age eighteen. Alabama law also prohibits the delivery of a handgun to any person under the age of eighteen.
Finally you must be nineteen years of age in Alabama to decide which parent you will live with until then it is up to a judge to decide who has custody.