After a car accident it is necessary to obtain a police report. In New York the police report is also known as a MV104a.  Without the police report your car will not be repaired and if your car is a total loss you will not be paid for it. Most importantly if you want to recover money for your pain and suffering you will need the police report to identify the responsible party(s) and their insurance companies.

Police reports from the Suffolk County Police Department

If the Suffolk County Police Department responded to the scene of your accident you will receive a “field report” from the officer at the scene. This one-page document lists the names of the parties involved and provides a central complaint number that you will use to obtain the complete police report.

In two to thirty days the complete police report will be ready. The finished police report must be completed by the responding officer and approved by his superior. Oftentimes the approval by the Desk Sergeant is the cause for delay in finishing the report. The Law Office of Carl Maltese often contacts the Desk Sergeant after five days to discuss the status of the report. The Law Office of Carl Maltese almost always is able to obtain their client’s police reports in two to six days.

Once the Suffolk County Police Department report is ready it can be obtained by one of the following ways:

a) On the internet from Lexis Nexis there is a charge of $20.00 for this service

b) In person at Suffolk County Police Department headquarters in Yaphank. The charge for this service is $1.00. The report will be at this location seven to ten days after LexisNexis has it. The report that you receive will be certified. This service is only available for accidents that occurred in the last eighteen months.

c) You can order a copy of the report by mail from Suffolk County Police Department headquarters in Yaphank. The charge for this service is $1.00. The report will be at this location seven to ten days after Lexis Nexis has it. You will receive your report in six to eight weeks. The report that you receive will be certified. This service is only available for accidents that occurred in the last eighteen months.

d) You can also obtain a certified copy of the report on the internet from the New York State Department of Motor Vehicles at https://dmv.ny.gov/dmv-records/how-order-and-access-motor-vehicle-accident-report. The charge for this service is $25.00.

In order to use the report in Court Proceedings it must be certified. The Law Office of Carl Maltese always obtains a certified police report for their client’s personal injury claims.

Using the Freedom of Information Law (FOIL) to obtain your police report

Article 6 of the New York State Public Officers Law is known as the Freedom of Information Law (FOIL). This law allows people to request records from the government. In certain situations, such as an accident being reported the day after it occurred, the only way to obtain the Suffolk County Police Department report is to make a FOIL request. This request may be done by mail or on the internet. By looking at your field report the Law Office of Carl Maltese can usually discern if you need to make a FOIL request to obtain the complete police report.

Police Reports from other Agencies

There are other agencies that may respond to your Suffolk County car accident. Those include, New York State Police, Suffolk County Sheriff, Riverhead Police, Northport Village Police, Lloyd Harbor Police, Nissequogue Police, Asharoken Police, Amityville Police, Head of the Harbor Police, New York State Park Police, Stony Brook University Police and the MTA Police. The Law Office of Carl Maltese regularly obtains police reports from all of these agencies for their personal injury clients.

The Law Office of Carl Maltese will help you obtain your Police Report

Police reports for car accidents in Suffolk County oftentimes contain mistakes and incorrect information. The Law Office of Carl Maltese routinely works with police agencies to have their client’s police reports amended so they are accurate.

If you have been hurt in a car accident that occurred in Suffolk County and are having difficulty obtaining the police report contact the Law Office of Carl Maltese at (631) 543-8811 for a free consultation. At your free consultation we will be happy to answer any and all questions about car accident police reports in Suffolk County.

El Tio Tex-Mex Grill has been ordered by a federal court to properly compensate workers at all its restaurants, including its locations in McLean (1433 Center Street) and Falls Church (7630 Lee Highway).

Federal investigators found that Mejia Corporation, the company that operates El Tio, had violated labor laws by not paying minimum wage and overtime to tipped employees, particularly bussers and food runners, the U.S. Department of Labor reported yesterday (Wednesday).

A consent judgment filed in the U.S. District Court for the Eastern District of Virginia requires El Tio to pay $848,006 in back wages and liquidated damages to 209 employees for violating the Fair Labor Standards Act, which sets rules for minimum wage, overtime pay, recordkeeping, and child labor in the U.S.

“This employer failed to pay workers the wages they had legally earned, and then attempted to conceal that violation,” DOL Wage and Hour Baltimore District Director Nicholas Fiorello said.

Investigators in the DOL’s Wage and Hour Division determined that El Tio did not pay wages to tipped employees when they worked more than 80 hours in a pay period, forcing them to depend entirely on tips for those hours.

El Tio also paid kitchen staff standard rates instead of overtime when they worked more than 40 hours in a week. Federal investigators say that the restaurant chain falsified payroll records to suggest it had paid overtime.

The violations encompassed all four of the El Tio restaurants that Mejia Corp. currently runs, all of them in Northern Virginia. Fairfax County has three El Tio venues, with a Great Falls location (9835 Georgetown Pike) in addition to the ones in McLean and Falls Church. The original El Tio is in Gainesville.

A fifth El Tio in downtown Washington, D.C., was also included in the investigation and court judgment, but that location permanently closed its doors in November 2019.

This is the second time in three years that El Tio has come under federal investigation. Mejia Corp. agreed to pay $40,000 in 2019 to settle an Equal Employment Opportunity Commission lawsuit that alleged at least three male servers at the Gainesville El Tio had been subjected to harassment and discrimination on the basis of sex.

On top of requiring the employer to pay back wages and damages, the judgment issued by the Baltimore-based U.S. District Court in the labor case prohibits El Tio from violating any FLSA provisions in the future.

“Other employers in this industry should use the resolution of this case as an opportunity to review their own pay practices to ensure they comply with the law and avoid such violations,” Fiorello said. “Workers who face similar circumstances or anyone with questions should call us to speak confidentially with a trained hour and wage professional.”

The DOL Wage and Hour Division has a toll-free helpline at 866-4US-WAGE (487-9243), and more information on the division’s work can be found at www.dol.gov/whd.

Photo via Google Maps

The crime rate in Washington, D.C. has seen high volatility in response to the pandemic. When comparing 2020 to 2019 numbers, homicides rose 19 percent while assault with a dangerous weapon increased three percent. However, when comparing July 2020 to July 2021, homicides dropped by 1percent, and assault with a dangerous weapon fell by 4 percent.

Other statistics have seen similar spikes and drops. For example, robbery fell 11 percent between 2019 and 2020 but rose two percent in 2021. However, motor vehicle theft saw a 50 percent increase in 2020 and a 25 percent increase in 2021. While these statistics and more continue to shift going into 2021, that does not mean the city is free from tragedy.

On July 16, 2021, a shooter in Congress Heights killed a six-year-old girl named Nyiah Courtney, and five others were injured. The next day, a drive-by shooting at Nats Park wounded three people and garnered national attention for causing a Nats game to be suspended.

As people see their communities being devastatingly affected by gun violence, property theft, and violent crime, many debate how police should respond to the issue. Though many reform plans have been recommended, here are three of the most common.

Defund the Police

Calls to “defund the police” rang out during the 2020 election following the death of George Floyd. Some also use the term “abolish the police” as a further extreme to defunding.

What defunding means is that funds given to police departments are reallocated to social services. This includes everything from mental health institutions to addiction detoxing shelters and homeless communities. The idea behind defunding the police is if we strengthen our social safety net, people will not need to resort to crime to meet their basic needs.

Defunding the police also calls to reduce police workload. Currently, police officers respond to everything from a murder case to a mental health crisis. By giving health crises to professionals specializing in those issues, police officers can focus on solving thefts, murders, and other property or violent crimes.

However, many are concerned about what defunding the police could do to the community. Though it sounds nice to supply social safety nets, many debate about whether such a plan is feasible. The most significant concern seems to be what to do when there are not enough police to respond to a crime, and social workers cannot fill those roles.

Fund the Police

Though both “defund the police” and “fund the police” supporters agree that police are given jobs they cannot handle, they differ in fixing that problem. “Fund the police” is the idea that police officers do not have enough money, people, or supplies to complete their workload, and more money should be allocated their way to meet those needs.

One of the more prominent issues mentioned in recent years is the amount of paperwork police officers need to fill out. This problem leads to blank reports, where injuries or situations are filled as “none” or left blank to get through paperwork faster. This can be a problem, such as in the case of Breonna Taylor’s death in Louisville. Paperwork discussing the case was blank and listed her injuries as none even though she had died due to the shooting.

By funding the police, some argue, police officers could delegate work to more specialized forces that focus on specific jobs. This could help eliminate the paperwork issue by possibly hiring secretaries to do that work or hiring more police officers to get the job done more efficiently.

The most significant concern for funding the police is the abuse of power. Those in poorer communities are already majorly distrustful of the police, and adding more officers may lead to more problems rather than more solutions.

Tough-On-Crime

This sentiment was famous in 1970-1980s New York City. Often called the “stop-and-frisk era,” police officers were allowed to get search and seizure permissions easier, and it was much harder to challenge wrongful convictions. The judicial system was also harsher, enforcing longer prison sentences through higher mandatory minimums. Stringent parole boards were unlikely to allow prisoners to leave.

Though many look at this system as antiquated and are quick to point out the flaws, many are stringent supporters. One of the most famous supporters of tough-on-crime policy is former police officer Eric Adams, who is prevailing in a political race for the mayor of New York City specifically for his tough-on-crime platform.

All three methods of police reform have benefits and detriments, and each community will likely make a different decision depending on their needs and opinions. However, understanding all of our options can lead to making better decisions and solutions.

In short, yes. To apply for a Class M driver’s license (motorcycle license), all individuals must take a motorcycle safety course that has been approved by the Department of Motor Vehicles (DMV), before passing a motorcycle driving test at the DMV.

You must also pay a fee to receive the license. In Texas, it is $25 for a new license, $33 for a renewal, or $16 for an endorsement. This endorsement is an alternative to getting a specific motorcycle license and allows drivers who already have licenses to add a specific motorcycle tag onto that driver’s license.

Rules for Minors

All minors must carry a motorcycle permit until they turn 18 and are then able to apply for a motorcycle license. This permit is similar to the learner’s permit for driving a car in that all permit-holders must demonstrate their competence by driving a certain number of hours with a licensed adult before getting their license.

In Texas, you could apply for a permit from the age of 15, but are only able to drive a motorcycle with no more than a 250 cubic centimeter piston displacement. This restriction is removed when the permit holder turns 16. To apply for a permit, all minors must:

1. Present a Motorcycle Safety Course (MSB-8 or MSB-8R) completion certificate
2. Present
   1. A Class C Provisional license, or
   2. A Driver Education form (DE-964) verifying 32 classroom hours, or a completion certificate, or
   3. A Class C learner license and a DE-964 showing completion of a 32 hour driver education course
3. Present a signed high-school Verification of Enrollment and Attendance (VOE) form
4. Be accompanied by a Parent, who must provide an authorization signature
5. Pass the mandatory skills exam

Can You Register a Motorcycle Without a License?

Technically, you do not need a motorcycle to register a motorcycle, but you do need motorcycle insurance. Since most insurance companies require a license to get coverage, it could be more difficult to register your motorcycle without a license. Though there are insurance companies that might sell you coverage without a license, they would most likely charge a higher premium.

Penalties for Driving a Motorcycle Without a License

Driving a motorcycle without a license could result in penalties such as a fine or even jail time. Penalties increase with each repeated offense, so avoiding a small license fee initially could wind up costing you hundreds or even thousands of dollars down the line. It is not realistic to assume that you would never get pulled over, even if you have a history of safe and reasonable driving, so it is better to get the license just in case.

Do You Need a Motorcycle License to Drive Mopeds or Scooters?

This answer typically depends on the size of the moped or scooter. If your moped or scooter has an engine that is over 50 cubic centimeters (cc), most states require you to have a motorcycle license or a driver’s license with a motorcycle endorsement. Scooters usually require registration and a motorcycle license, as these vehicles often have engines that are 150cc or smaller. However, mopeds with engine sizes smaller than 50cc do not require a motorcycle license or registration.

Contact an Attorney

If you have any questions about the complex rules and regulations of getting a motorcycle or registering your bike, contact an experienced accident lawyer at Felix Gonzalez Law Firm for assistance today.

FBI statistics indicate that every 22 seconds in the U.S., a violent crime is reported. While violent crimes are certainly sensationalized in the media and popular culture, property crimes are far more prevalent, with one reported about every 3 seconds in the U.S.

In fact, property crimes are actually ten times more prevalent than violent crimes. An average of ten million property crimes are reported each year, whereas around one million violent crimes are reported annually. Here are the most common property and violent crimes in America, in order.

Larceny/Theft

Depending on the state, theft, or larceny, is by far the most common crime in the United States, accounting for almost 60 percent of all reported crimes. Larceny/theft is a nonviolent crime, as it does not require the use of force. Theft is typically classified as a misdemeanor due to its nonviolent nature, partially explaining its prevalence as it does not usually come with jail time.

Burglary

Burglary is the second most common crime in the United States, with burglary reports totaling over two million burglaries every year. Burglary is also a nonviolent property crime and accounts for around 18 percent of all reported crimes in the United States.

Grand Theft Auto (GTA)

Grand Theft Auto comes in at number three on the most prevalent American crimes, annually accounting for around 10 percent of all crimes in the United States. Depending on the state, GTA may be classified under a variety of different terms, from motor vehicle theft to first-degree theft. With over a million cars reported stolen every year, there appears to be a steady demand on the black market for stolen cars in America.

Aggravated Assault

The first violent crime to crack the top five, aggravated assault is the fourth most common American crime and accounts for around seven percent of all reported crimes. According to the FBI’s Uniform Crime Reporting Program (UCR), aggravated assault is defined as “an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury.” Aggravated assault can, but does not necessitate, the use of a weapon or firearm, and aggravated assault of any variety occurs around 800,000 times each year.

Robbery

The fifth most prevalent crime in the United States is robbery, another violent crime. Robbery is different from simple theft/larceny in that it is theft directly performed on another person. Robbery also necessitates the use of force or coercion, and in many instances, violence is necessary. A robbery can range from a mugging in a dark alley to an elaborate bank heist. Any form of robbery accounts for around three percent of all reported crimes, with about 500,000 robberies committed each year.

Other Types of Prevalent Crime

While the top five most common crimes may be surprising, other well-known crimes such as homicide, DUI, weapons and drugs are also prevalent in the United States, although they are far less plentiful than many people assume. However, simply because these crimes may not crack the top five most common American crimes, they still have devastating effects on the victims and overall community.

Drugs, in particular, have been especially destructive, as possession and trafficking are not only considered crimes, but a new report from the Bureau of Justice (BJS) indicates that drug abuse and addiction were found to be at the root of 21 percent of all crimes. The BJS report also found that 40 percent of all prisoners incarcerated for property crimes and 14 percent of all prisoners incarcerated for violent crimes stated they committed their most serious offense for drug-related reasons.

With over 473,000 Americans currently in prison for seeking drugs, and around one million arrests made each year for drug use and possession, it is clear that the current systems in place to address drug crime and rehabilitation need to be reevaluated.

Punishments for the crimes mentioned above vary depending on a variety of different factors, and every crime is examined and assessed on a unique basis. “If you or someone you know has been accused of committing criminal activity, the first thing you should do is consult an attorney who is knowledgeable about the laws in your area” says attorney Omeed Berenjian of BK Law Group. While the punishments for these crimes may vary, the prevalence of these crimes indicates it does not always do enough to dissuade people from breaking the law.

Ultimately, many Americans’ fears about the most common crimes are misplaced, as they are far more likely to get carjacked or stolen from than murdered or abducted. However, it is important to remember to stay vigilant and keep your doors locked, as you never know who is out there.

The gender pay gap, where women earn less than men in the same job roles, is a complex issue involving race, education, type of job and other factors. While no single solution exists for resolving the gap, recent research suggests that help is found in an unlikely source — divorce.

How does divorce affect a woman’s earning potential? What type of custody arrangement benefits both the financial well-being of the parent plus the emotional well-being of the children? Here’s a closer look at how seemingly commonplace issues settled in court can leave a lasting impact on how much a woman earns in her career.

Many Custody Arrangements Rely on Outdated Stereotypes

Family courts treat the vast majority of divorcing couples in the same way. The mother is considered the main caregiver, while the father is assumed to be the main breadwinner. As a result, mom is awarded primary custody while dad is limited to visitation. The general idea is that the mother has less time to work because she’s busy raising the kids, so she’ll get more in child custody from the father.

Unfortunately, the arrangement rarely works as intended. Approximately 34 percent of single mothers receive child support. The average amount ordered given is $480 per month. While that is rarely enough as is, the average amount actually received is $287. For most mothers, that barely covers a week of groceries.

The crux of the problem is as follows: When a single mother is the primary caregiver, but she isn’t getting enough child support to meet her family’s needs, she’ll need to seek out employment. Unfortunately, because she’s raising her children on her own, she typically doesn’t have the time or opportunity to obtain a full-time, high-paying job.

A recent study from Wealthy Single Mothers suggests the solution is 50 percent shared custody. Of the 2,200 single mothers surveyed, women with a 50 percent split were 54 percent more likely to earn at least $100,000 annually compared to couples where the dad only has visitation, and the mom is the primary caregiver. Additionally, compared to moms who raise their children entirely on their own, meaning no visitation, moms with equal split custody have a 325 percent greater likelihood of earning $100,000 per year.

How Single Mothers Feel About Shared Custody Arrangements

For many women, 50-50 custody offers the potential of greatly increased earning power. However, it is an incredibly rare occurrence within the court system. Only 13 percent of women reported having split custody. Instead, over half of women (51 percent) said they had no support at all and had custody of their children 100 percent of the time. Among women with primary custody, 48 percent said they would prefer joint custody instead.

“State laws currently lag behind what most women want in terms of custody,” said Attorney Jeanette Soltys of Atlanta Divorce Law Group. “Only Arizona and Kentucky have some type of equal parenting law, although 15 states are currently considering similar bills.”

The Potential Downside of Split Custody

While 50-50 custody poses many benefits, it is not an appropriate solution for every divorcing couple. Many domestic violence organizations oppose laws that force split custody. For example, the West Virginia Coalition Against Domestic Violence identifies the decrease in domestic violence claims in Kentucky following the law’s passing as evidence it increases the difficulty of leaving abusive relationships.

However, opposition to these types of laws isn’t shared by every domestic violence prevention organization. Some proponents argue that sometimes parents will attempt to gain full custody solely as a bargaining chip during a divorce, which these types of laws can potentially help limit.

In addition to concerns related to domestic violence, another potential issue is earning inequality. Many women leave their careers, at least temporarily, after first having children. Any sustained absence from the workforce can impede that person’s ability to command a higher salary.

Final Thoughts

In an amicable divorce, split custody benefits all parties. Both parents have the opportunity to improve their earnings while also spending increased time with their children. Unfortunately, many courts seem stuck in a certain mode of thinking regarding which parent is capable of providing care.

While changes in state laws can help improve the current situation, possibly the most powerful solution involves changing public perception. As the idea that a divorced dad should care for his kids half the time becomes normalized in society, the courts will likely increase instances of awarding split custody.

Virginia’s General Assembly proposed a bill, Senate Bill 1443, that would remove mandatory minimum sentences for all crimes excluding Class 1 felonies. The bill has sparked significant concerns from anti-drunk driving organizations.

Before the bill, there were a series of mandatory minimum sentences for certain blood alcohol content levels (BAC). For a BAC of 0.08 — twice the legal limit — the offender was required to be in jail for five days. Those with a BAC of 0.2 or higher had a mandatory minimum of 10 days in jail.

There were specific stipulations for repeat offenders as well. If someone got two convictions within a five-year span, they must serve a mandatory 20 days in jail. If those two convictions took place within 10 years, that sentence is reduced to 10 days.

Senate Bill 1443 would remove these mandatory minimums, allowing the judge or jury to decide the sentence for each specific situation. Several advocacy groups have spoken about their concerns about removing mandatory minimums for drunk driving cases. They are especially concerned about extreme cases involving repeat offenders or those with astronomical blood alcohol content called “super drunk” drivers. They argue that, without mandatory minimums, drunk driving offenders may be released with minimal penalties and return to their destructive behaviors.

Crime Classifications

What classifies as a Class 1 felony varies from state to state. In Virginia, Class 1 felonies include murder and sexual abuse of a child under 15 years old. Committing these crimes can result in life imprisonment, a fine of up to $100,000.

Senate Bill 1443 would specifically keep mandatory minimum sentences in place for these felonies. However, all other crime categories would lose their mandatory minimum sentencing, such as aggravated manslaughter and child pornography. In cases involving these crimes, it would be up to the judge or jury to decide the sentencing requirements for that particular case.

Why Anti-Drunk Driving Advocates are Concerned

There is a long list of anti-drunk driving advocacy groups opposing this bill. The Washington Regional Alcohol Program, Mothers Against Drunk Driving, the American Automobile Association’s Virginia Branch, and the Foundation for Advancing Alcohol Responsibility banded together to write a letter to the General Assembly discussing their qualms with the current state of the bill.

Kurt Erikson, president of the Washington Regional Alcohol Program, explains their reservations by using the expression “throwing the baby out with the bathwater.” Essentially stating that Senate Bill 1443 is a good idea, but it should not apply to drunk driving cases.

There is some truth behind his statement. Two-thirds of drivers involved in fatal crashes had a BAC of 0.15 or higher, and on average, a Virginian dies in a car crash every 33 hours. These two statistics clearly show how drunk driving can be hazardous for Virginia’s citizenry.

However, there are some, including the Democratic State Senator John Edwards from Roanoke County, who authored the bill. He argues that judges overseeing these cases would still have the jurisdiction to impose harsh sentences. The bill would only remove mandatory minimums for a majority of drunk driving cases. His statements have done little to settle the worries of anti-drunk driving advocacy groups.

Where Are We Now

Against the concerns of several anti-drunk driving advocacy groups, Senate Bill 1443 passed with a 21-17 vote. However, many organizations are still fighting to decrease the number of people who die in DUI related car crashes.

Currently, Fairfax County has the most deaths in Virginia with an average of 19 DUI related fatalities each year between 2006 and 2010. Fairfax Criminal Lawyers are working with the Fairfax County Police Department in a campaign called Checkpoint Strikeforce in an attempt to decrease these numbers.

Even while making these attempts to decrease the number of DUI cases, advocacy groups are still concerned about what this could mean for future drunk driving cases. It has yet to be seen how removing mandatory minimums may affect the number and severity of drunk drivers on Virginia’s roadways.

Virginia is set to legalize marijuana usage on July 1, 2021, but will continue to keep marijuana production and sale illegal until 2023. Many State Democrats are speaking out against this apparent disparity.

The current argument is that a regulated market needs to be established with clear laws and regulations outlining how marijuana will be treated as a legal drug. However, many are still concerned about what this means for communities of color and how this contradictory law could lead to further racial discrimination.

What Does the Law Say?

To better understand why dissenters are concerned, let us look at what the law itself proposes. Marijuana use will be legalized starting on July 1, 2021. However, it will still be illegal to grow, sell, or distribute products containing marijuana until a regulated market is established in 2023.

Until then, civil penalties will still be in place. Possession of one ounce of marijuana or greater could lead to a fine ranging from $250 to $250,000. In extreme cases, an offender can be sentenced to up to 10 years in prison. The criminal penalty amount originally proposed was five pounds of marijuana but has since been reduced to one.

Although criminal punishment is still on the table for marijuana possession, Virginia lawmakers are currently designing a plan that would regulate marijuana as a legal drug. All criminal records featuring marijuana-based penalties will be cleared of those crimes. They also plan to remove the law where any lawmaker convicted of a marijuana-related offense must be removed from office.

When marijuana is bought legally, though it is unclear how to do so, the State gets a cut of the profits through taxes. All marijuana sales would have a 30 percent tax, with 21 percent being a state excise tax and up to 3 percent going to localities.

The Issues

It is clear that there are already some structuring issues regarding how this bill has been proposed. For starters, what is the purpose of legalizing the use of a drug without also legalizing its production? This is the main argument of State Senator Richard Stuart, a Republican representative from Stafford County who referred to it as  “ludicrous.”

State Senator Jennifer McClellan, a Democratic representative from Richmond County, argues that enforcing soon-to-be-ending prohibition laws against the drug only hurts the citizenry. Essentially, if they have truly decided that this is an action that should not be criminalized, then why continue punishing people for it?

There is also the issue of the amount of marijuana that must be in possession for a criminal penalty. Though five pounds in possession was the original proposition, Delegate Terry Kilgore from Scott County argued that such a high amount could lead to people selling marijuana without a license. Majority Leader Charniele Herring, a Democrat from Alexandria County, agreed with Kilgore after seeing a photo of five pounds of marijuana.

However, the most significant concern seems to be how this could impact lower-income communities of color. The American Civil Liberties Union (ACLU) is wary of the proposed marijuana legislation for this reason. They argue that there are unintended consequences to contradictory legislation like this and that those contradictions will hurt black and brown communities disproportionately.

Virginia lawmakers are working with Richmond Criminal Lawyers to negotiate elements of the new proposed legislation. There is no telling how this proposed marijuana law could impact lower-income communities of color if there is no correction. It has yet to be seen if the timeline for a regulated market will be pushed sooner to correct for the disparity.

When someone passes away, not all assets are immediately or easily transferred to the intended heirs. Although creating and maintaining a will typically help transfer assets, a deceased’s assets are required to go through the court’s probate system. In these situations, it is important to learn about the probate process and seek legal advice when necessary.

What is Probate?

Probate is the court process that distributes someone’s estate after a loved one has passed. Typically, the probate process can take anywhere from six months to over a year. For descendants without a will, the estate is required to undergo a longer process. In these instances, the court will either select or approve an executor to manage the estate assets.

People who pass away with lots of debt may use probates so that the court can handle the claims. The court will decide how much each creditor is entitled to receiving. This helps prevent creditors from suing your heirs for assets and speeds up the asset transfer process. Likewise, people may use probate to ensure that the assets are divided properly amongst heirs. This can be especially helpful if your heirs may be overly contentious when dividing your assets.

How Do I Find Out the Probate Jurisdiction?

Typically, probate is handled by the circuit court where the deceased person owned real estate or resided before death. In circumstances where the deceased lived in a nursing home or hospital at the time of death, the circuit where they previously lived is typically granted court jurisdiction.

Virginia Probate Laws

Probate policies differ from state to state and have different taxes and process mechanisms.

Most notably, Virginia has a probate tax for estates over $15,000. Typically, this includes a $1 state tax and $0.33 local tax for every $1,000 someone has within an estate. For $100,000 estates, this probate tax would come out to $133.

Estates with more debt than assets are called insolvent estates. Typically, Virginia law provides that insolvent estates must pay debts and claims in priority order. High priority payments may include the expenses of administering the estate, family allowance, and funeral expenses of up to $3,500. Additionally, federal or state debt and taxes will also have priority over other claims.

In these cases, it is important to contact knowledgeable legal counsel so that the executor can maximize the estate’s potential and properly handle the debt-paying process.

How Can I Handle Virginia Probate?

To help understand the probate intricacies, Trusts and Estates Attorney Kerri Castellini explains how a lawyer can help manage the probate process.

“After the death of a loved one, a family wants to take time to grieve a loss,” says Castellini. “Unfortunately, debt collectors contact a family after their death and add to a growing list of expenses. In these cases, it may be difficult to determine how much debt your loved one owes and where to start with paying off expenses.”

When handling debt, oftentimes, an executor of an estate may pay off a funeral bill right away. In cases where other debts take priority, this can mean that the executor may be required to reimburse the funeral bill if the estate is insolvent. Speaking with a dedicated trust and estate attorney can help you tackle the probate process properly.

To help handle the probate process and prevent insolvent estate problems, the following steps may be helpful for executing an estate.

• Obtain a copy of the deceased’s death certificate
• File the will (or deceased’s estate assets) in the local circuit court
• Find and communicate with professionals — an estate attorney, accountant, insurance agent, and others to file the appropriate paperwork
• Create an estate account to hold the deceased’s assets

By beginning with those four steps, executors can help stay organized during the probate process. As going through probate is quite tricky, organization and collaboration amongst the different parties involved are essential to executing an estate.

Settling an estate through probate can be tiresome and confusing. With different creditors and heirs involved, the process can create an emotional toll during an already difficult time. To help prevent issues, it is important to seek estate execution assistance. Proper help can ensure that the estate debts are properly paid and that assets are paid out to the intended heirs.

Marijuana, or “weed,” comes from the cannabis plant and contains a psychoactive compound called THC, which gives users the euphoric “high” feeling when ingesting or smoking it. Today, marijuana is currently illegal on a federal level. However, in recent years, the subject of legalizing it all together has become a hot topic of conversation within the congress chambers.

Many states across the United States have legalized the drug with certain limitations on usage. As marijuana legalization continues to occur in more states in the US, it seems that congress may choose to either legalize or decriminalize it in the future. Legalization of this drug seems to be widely supported among the democratic party and is becoming increasingly popular among some republicans as well.

Why or Why Not Legalize Marijuana?

While some believe that marijuana has a horrible image, connected to drug abuse and trafficking, others believe that legalizing the drug could prove to do more good than harm. Proponents of marijuana legalization argue that marijuana is not nearly as bad as alcohol and does not cause people to abuse it, as it is not considered an addictive drug. Also, these proponents argue that marijuana can have serious physical and mental benefits, such as stress and anxiety relief, physical pain relief, as well as sleep assistance.

One of the most important reasons why many believe that marijuana legalization could significantly reduce mass incarceration as these laws disproportionately affect people of color and those in lower income communities. Opposition to widespread legalization centers around a fear of health and safety risks.

What States Have Legalized Marijuana?

As states and territories across the United States continue to make efforts to legalize marijuana, seventeen U.S. states, territories, or districts have already legalized the drug. As marijuana is still federally banned, the country has implemented the Cole memorandum for states to have separation of powers. Under this clause, states have the authority to implement their own marijuana provisions, while the drug is still federally banned. The one provision that all state laws must share is that a person must be over the age of 21 to buy, sell, or legally possess marijuana. The following states have legalized marijuana:

• Colorado
• Washington
• Alaska
• Oregon
• Washington, D.C.
• California
• Maine
• Massachusetts
• Nevada
• Michigan
• Vermont
• Guam
• Illinois
• Arizona
• Montana
• New Jersey
• South Dakota

While the amount of legal possession differs in each state, most states keep the maximum one ounce. Michigan, Maine and Washington D.C., on the other hand have  larger maximums. Michigan for example, allows citizens to possess a maximum of 2.5 ounces of marijuana. Other provisions that differ are the amount an individual can grow, use in products, as well as retail and excise taxes.

Decriminalization Vs Legalization

Some states have taken a different approach to the marijuana debate by decriminalizing it while still making it legal to use, possess, or sell. In addition to the seventeen states that have legalized marijuana, 26 states have decriminalized it.

Decriminalization is the act of decreasing the consequences or penalties of a certain criminal act, or reclassifying a criminal act based on the reduction of these penalties. In most of these states jail time has been removed or at least limited, especially for first time offenders. Most states have also lowered the fine amounts for the possession of marijuana. Moreover, many states have classified the penalties of possession, or buying/selling of marijuana as a civil offense rather than a criminal one.

“New York has decriminalized possession of small amounts of marijuana; however, this does not mean possession is legal,” says New York criminal attorney Jeffrey Lichtman. “Instead, it means those in possession of less than 25 grams of marijuana will not face criminal penalties unless they have prior offenses on their record.”

With growing support across the country for the legalization and decriminalization of marijuana, the next step may be implementing these law changes on the federal level.