The Court of Appeals in Coleman v. U.S. decided on October 11, 2018, affirmed simple assault convictions against the police officers as well as affirming the trial’s court denial of the self-defense claim. Coleman was questioned by the police officers during a routine traffic stop regarding his tinted car windows. The stop escalated and Coleman both resisted arrest, and assaulted the police officers. He was charged with APO, Assault on Police Officer. The government at trial dropped the Assault on Police Officers (APO) charges to Simple Assault to eliminate the jury demandable offense to non-jury bench trial, which they typically
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Monthly Archives October 2018
ALIMONY PAYMENTS AND THE NEW TAX CODE: DC DIVORCE LAWYER
Tax changes promulgated with introduction of Tax Cuts and Jobs Act (“TCJA”) in 2017 will affect large groups of population, including couples finalizing their divorce in 2019. Beginning January 1, 2019 the paying spouse will no longer be able take deduct alimony, and the recipient spouse will not need to report alimony as income. That is, the alimony payments will be treated same as child support payments. In short, all agreements made or orders entered from that date forward, the party paying alimony will not be able to deduction such payments on his/her tax return. The receiving party will not declare the
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STATUTE OF LIMITATIONS: CRIMINAL OFFENSES:
In all criminal offenses, it is critical to understand and be cognizant of the statute of limitations for the particular offenses. Particularly if the matter is under investigation or pending indictment or even if dormant. The time in which an offense is committed that starts the clock for the statute of limitations is defined as: An offense is committed either when every element occurs, or If a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct, or The defendant’s complicity therein, is terminated. Time generally starts to run on the
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RECENT COURT OF APPEALS DECISION: DC FAMILY LAWYER
The DC Court of Appeals in IN RE J.M. & D.M. decided on September 20, 2018, affirmed the trial court findings that the permanency goal change to adoption was appropriate, however clarified to certain degree the procedural appeal when the goal change request is a dual-goal, to both reunification and adoption. The Court’s Decision in IN RE TAL in 2016 required and bestowed on parents in a child abuse and neglect proceedings facing a goal change an evidentiary hearing. Specifically, to justify a goal change from reunification to adoption: …the District “must prove by a preponderance of the evidence that
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