If you happen to become a celebrity when you "grow up" and if you happen to get way behind on your child support, then do not go to visit your daughter as she is cheerleading in public.Perhaps I now should add to that:
...and do not perform a public concert in the very state, and in the nearest city, in which the ex to whom you owe massive child support happens to live.On this past Monday, October 3, TMZ reported that Stevie B was indeed arraigned on Monday, but still remained in custody until able to pay at least $10,000 of what he owes to get out of jail. The Associated Press more recently has reported that he got out of jail on Tuesday by paying $11,000, but Stevie B disputes the amount of the debt. More details, from the the AP story:
On Monday, he agreed to a schedule of payments for approximately $420,000 in child support, including a lump sum payment of $10,000 and weekly payments of $921. His lawyer said he paid an additional $1,000 with the required lump sum and has offered to pay an extra $500 per week.An extra $500 a week toward arrears would be just a tad less than what would be necessary just to pay the 6 percent annual interest that would be assessed on his $400K+ debt (to say nothing of the other 6 percent ordinarily assessed in penalties). I see more lump sum payments and possibly seizure of assets in Stevie B's future.
For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.Knoller, it turned out, was a matchmaker of a special kind. For fees as high as $12,000, she would pair illegal immigrants from Brazil with Americans, arrange their marriages - and, in some cases, their subsequent divorces - after they received status as “lawful permanent residents’’ of the United States.She pleaded guilty in February to federal charges of marriage fraud and concealing and shielding illegal immigrants for 32 of those marriages. But her prosecution is an exception, and Knoller’s case is a vivid example of how easy it is for illegal immigrants to dodge US immigration laws by getting married.The US government estimates that of the 200,000 marriages that result in temporary or illegal immigrants receiving green cards each year, up to 30 percent are shams. And yet, while billions of federal dollars are devoted to protecting borders, enforcement efforts aimed at immigration fraud are hobbled by sparse budgets and understaffed agencies that, according to government auditors, allow an estimated 60,000 sham marriages a year to evade detection.“The process of weeding out the fraudulent [marriages] - those arranged solely to obtain … a work permit and green card - is nearly impossible,’’ said David Seminara, a former US consular officer who wrote a 2008 study that faulted the process of identifying fraud in immigration petitions filed domestically and overseas. “Even when documentation is asked for, to show that the couple is living together, it’s easily doctored. There’s just too many applications and too few immigration officers handling these cases.’’Taking her clients to Vermont for their nuptials made Knoller’s scam easier. Vermont does not require waiting periods or proof of identity to obtain a marriage license. While some of the 32 marriages for which Knoller was prosecuted were licensed in Connecticut and Massachusetts, 22 occurred in Brattleboro. Massachusetts, and every other state bordering Vermont, requires proof of identity.
Whoever, being a relative of a child less than eighteen years old, without lawful authority, holds or intends to hold such a child permanently or for a protracted period, or takes or entices such a child from his lawful custodian, or takes or entices from lawful custody any incompetent person or other person entrusted by authority of law to the custody of another person or institution shall be punished by imprisonment in the house of correction for not more than one year or by a fine of up to one thousand dollars, or both. Whoever commits any offense described in this section by taking or holding said child outside the commonwealth or under circumstances which expose the person taken or enticed from lawful custody to a risk which endangers his safety shall be punished by a fine of not more than five thousand dollars, or by imprisonment in the state prison for not more than five years, or by both such fine and imprisonment.
EXCERPT FROM BOSTON GLOBE ARTICLE:
"I'm going to enjoy the ride as long as it goes," said Hrones, who characterizes the case as the climax of his career. "But I'm protecting my client. He goes first."
But whether Hrones is helping his client or hurting him through news interviews is a matter of debate in Boston legal circles.
Damon Scarano, a lawyer who has known Hrones for years, said Hrones has humanized his client by sharing what Rockefeller says he remembers about his past. Hrones has told reporters that Rockefeller speaks German but does not remember growing up in Germany. Rockefeller also remembers "bits and pieces" of his childhood, a Scottish nanny and a visit to Mount Rushmore in a station wagon, for example, Hrones said.
"I think he's handling it very well," Scarano said of Hrones. "He's been very low-key on this. Usually, he's very hyper."
But other lawyers say privately that Hrones may have hurt his client by telling reporters Monday that Rockefeller recalls living in a guesthouse in San Marino, Calif., that he rented from John and Linda Sohus, a young couple, and John's mother, Didi, in the early 1980s. Hrones said Rockefeller also recalls when John and Linda Sohus went missing in 1985. The remains of a man believed to be John Sohus were found on the couple's property in 1994, and his wife has never been found. Both are presumed dead, authorities say.
The alleged admission by Hrones, said some lawyers, may have put his client at the scene of a homicide.
Hrones has also confirmed Rockefeller's use of aliases, saying there is nothing wrong with using another name if one does not commit fraud. "You members of the press, you could call yourselves Joe Blow or anything, and it'd be no crime," he told reporters Monday evening.
As it happens, Hrones said, he met Rockefeller several weeks ago, before the alleged kidnapping. A mutual friend whom Hrones declined to identify introduced the lawyer to Rockefeller in Boston. After Rockefeller was arrested Aug. 2 in Baltimore and his daughter, Reigh Storrow Mills Boss, was found unharmed, Rockefeller called his friend and asked him to get in touch with Hrones.
Hrones, a Harvard-educated son of an MIT professor, has long had a deep distrust of authority and sympathy for people in trouble. In the 1960s, he protested the Vietnam War outside the Pentagon. In recent years, he has denounced the Boston Police Department for several wrongful convictions.
His successes included a 2004 ruling that erased the conviction of Angel S. Toro, who was sentenced to life in prison for killing a Howard Johnson's clerk in Dorchester during a 1981 holdup. Toro is still serving a sentence of three years to life for an unrelated murder conviction in Florida.
"I had about 14 attorneys since he was arrested, and without a doubt, he was the most effective," said Toro's wife, Debra, of Melrose.
Robert A. George, another defense lawyer, said that "when the world seems to be crashing down all around a defendant, there is not a better person to be fighting for your life."
EXCERPT FROM NEW YORK TIMES ARTICLE, BY LINDA GREENHOUSE, JUNE 26, 2008:
WASHINGTON — The death penalty is unconstitutional as a punishment for the rape of a child, a sharply divided Supreme Court ruled Wednesday.
The 5-to-4 decision overturned death penalty laws in Louisiana and five other states. The only two men in the country who have been sentenced to death for the crime of child rape, both in Louisiana, will receive new sentences of life without parole.
The court went beyond the question in the case to rule out the death penalty for any individual crime — as opposed to “offenses against the state,” such as treason or espionage — “where the victim’s life was not taken.”
Justice Anthony M. Kennedy, writing for the majority, said there was “a distinction between intentional first-degree murder on the one hand and non-homicide crimes against individual persons,” even such “devastating” crimes as the rape of a child, on the other.
The decision was the third in the last six years to place a categorical limitation on capital punishment. In 2002, the court barred the execution of mentally retarded defendants. In 2005, it ruled that the Constitution bars the death penalty for crimes committed before the age of 18.
....
If two women are married and adopt a child, then they are both entitled to leave under the [MMLA], and yet if two men are married and adopt a child, they would be entitled to no leave under a strict reading of the statute. That result was troubling to us, and we didn’t think it was in keeping with our mandate by statute, which is to eliminate, eradicate and prevent discrimination in Massachusetts.
have run aground in the House Judiciary Committee, and the chances of the law covering criminal records being reformed before the Legislature ends formal sessions for the year in July now seem remote.The reason? According to the article:
Earlier this week, Rep. Eugene O’Flaherty, D-Boston, chairman of the House Judiciary Committee, reported that the bill has run into a lot of “roadblocks” because of the many complicated issues involving reintegration of ex-convicts into communities and the interest of employers to job screen applicants. His comments gave little hope the bill could be acted on soon.
ASSOCIATED PRESS:
SAN ANGELO, Texas - In a ruling that could torpedo the case against the West Texas polygamist sect, a state appeals court Thursday said authorities had no right to seize more than 440 children in a raid on the splinter group's ranch last month.
It was unclear how many children were affected by the ruling. The state took 464 children into custody in April, but Thursday's ruling directly applied to the children of 48 sect mothers represented by the Texas Rio Grande Legal Aide, said Cynthia Martinez of the agency. About 200 parents are involved in the polygamy case.
The Third Court of Appeals in Austin ruled that the state offered "legally and factually insufficient" grounds for the "extreme" measure of removing all children from the ranch, from babies to teenagers.
The state never provided evidence that the children were in any immediate danger, the only grounds in Texas law for taking children from their parents without court approval, the appeals court said.
It also failed to show evidence that more than five of the teenage girls were being sexually abused, and never alleged any sexual or physical abuse against the other children, the court said.
It was not immediately clear whether the children scattered across foster facilities statewide might soon be reunited with parents. The ruling gave Texas District Judge Barbara Walther 10 days to vacate her custody order, and the state could appeal.
"The United States has less than 5 percent of the world’s population. But it has almost a quarter of the world’s prisoners.
Indeed, the United States leads the world in producing prisoners, a reflection of a relatively recent and now entirely distinctive American approach to crime and punishment. Americans are locked up for crimes — from writing bad checks to using drugs — that would rarely produce prison sentences in other countries. And in particular they are kept incarcerated far longer than prisoners in other nations.
Criminologists and legal scholars in other industrialized nations say they are mystified and appalled by the number and length of American prison sentences.
The United States has, for instance, 2.3 million criminals behind bars, more than any other nation, according to data maintained by the International Center for Prison Studies at King’s College London.
China, which is four times more populous than the United States, is a distant second, with 1.6 million people in prison........"
For information about Massachusetts criminal law, see the criminal law page of my law firm website.