Browsing articles tagged with " citizen"

Weapons Crime

Jul 14, 2011   //   by Maria E. G. Garcia   //   Blog  //  No Comments

weapons-crime

As said in the Texas Penal Code, there are different types of weapons civilians can and cannot own. Owning, carrying, shooting a weapon inappropriately, or making use of certain weapons in the commission of a crime in Texas, are all found to be serious violations.

As already mentioned, there are various types of weapons civilians are and aren’t allowed to use. There are also certain circumstances in which the civilian may or may not make us of these weapons. If an individual is found to be violating this law, crucial charges will be thrown upon the individual that trespassed the violations. In addition, the individual will have to overcome serious penalties.

Now, if a certain individual sells or gives a weapon to someone else, or if a child gets to the weapon, not only will the individual face severe penalties, but he/she will also have to face jail for several years.
It is highly common for a police to stop an individual due to traffic violation and notice a weapon inside of the vehicle.  Very frequently, civilians get arrested due to the possession of weapons when confronted in front of the police for different reasons than that of weapons.

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What is Money Laundering?

Feb 8, 2011   //   by Lawyer 1   //   Blog  //  No Comments

money-laundering

What is Money Laundering?

The term "money laundering" refers to the activities and financial transactions are conducted in order to hide the true origin of funds received. In most cases, this money is earned illegally and the goal is to give the appearance that illegal money that comes from a legitimate source.

Why IRS-CI is involved in money laundering investigations?

A glance at the newspapers is evidence that crimes related or motivated by money are in most criminal activity in the nation. Tax evasion, public corruption, fraud in health care, money laundering and drug trafficking are all examples of the types of crimes related or motivated by money. In these cases, a financial research is often important to obtain a conviction. For this reason, Internal Revenue Service – Criminal Investigation, IRS-CI (Internal Revenue Service – Criminal Investigation) is one of the main agencies involved in money laundering investigations.

Money laundering is a complex crime of intricate details, which usually involves numerous transactions and financial affairs throughout the world. IRS-CI has the financial investigators and the skill or knowledge necessary to "follow the money."

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Law of Defamation in Modern Practice

Feb 8, 2011   //   by Lawyer 1   //   Blog  //  No Comments

defamation-law-libel-and-slander

Defamation law in modern practice

The law of defamation in the United States is much less plaintiff-friendly than their counterparts in European and Commonwealth countries, due to the implementation of the first amendment. A very important distinction today is that European jurisdictions and the Commonwealth subscribe to a theory that every publication of a libel gives rise to a separate action, so that an Internet defamation could sue on in any country in which was read, while American law only allows a claim for primary publication.

In the United States, a comprehensive discussion of what is and is not libel or slander is difficult, because the definition difference between different states. Some states codify what constitutes slander and defamation together on the same system of laws. Some states have criminal defamation laws on the books, though these are old laws that are processed very infrequently. The state of Washington has held its criminal defamation statute unconstitutional to apply the state and federal constitutions to question.

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The Law System of the United States of America

Feb 5, 2011   //   by Texas Lawyer   //   Blog  //  No Comments

us-flag

The law of the United States of America is a system that largely derived from common law that was valid under the law of England at the time of the War of Independence. Today the supreme law is the United States Constitution, and under the principle of constitutional supremacy, the laws passed by Congress and treaties to which United States is a party, represent the next rung of the hierarchy of sources of law. These form the basis for federal laws under the federal constitution in the United States, establishing the limits of federal law and laws in all fifty states and other territories.

Sources of law

In the United States, the law is derived from four sources: the Constitution, laws, regulations, and the Common Law (which also includes the common law or case law). The most important source is the United States Constitution, all other sources being subordinate to the rule. No laws or regulations may contradict the provisions of the Constitution of the United States, for example, if Congress ratified a law whose content was at odds with the Constitution, the Supreme Court may require that this law is unconstitutional and to declare null and void.

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Who Is Eligible for Asylum or Refugee Status

Jan 27, 2011   //   by Lawyer 1   //   Blog  //  No Comments

refugee-asylum-immigration

Asylum and refugee status are special legal protections available to people who have left their home country for their own safety and are afraid to return.

What's the difference between the asylum and refugee status under U.S. immigration laws — that is, who should seek asylum status, and who should seek refugee status? It's simply a matter of where you are when you apply. People outside of the United States must apply for refugee status. People who have already made it to the United States border or the interior (perhaps by using a visa or by entering illegally) can apply for asylum status.

Once granted, both statuses allow you to stay in the United States indefinitely. Asylees and refugees are given permission to work and are allowed to apply for a green card (within one year of either entering the United States as a refugee or being approved for asylum).

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Green Card Application Filing, How to

Jan 27, 2011   //   by Texas Lawyer   //   Blog  //  No Comments

green-card

You can apply for a green card after a visa petition filed for you by a relative, fiancé, or employer has been approved and you've waited until a green card ("immigrant visa") is available. (Exception: Refugees and political asylees don't need visa petitions; they can apply for a green card after one year of gaining their  status.) If you're not sure what a visa petition is or whether you needed one, see the article The Visa Petition: First Step for Family and Employment Green Cards.

Now it's time to figure out where to apply for your green card. While most green card applications must be made at U.S. embassies and consulates abroad, many people would prefer to file paperwork while inside the United States, with the agency known as U.S. Citizenship and Immigration Services (USCIS). That's often because they are either already living in the U.S. or they want to join their family or start their new job there as soon as possible. Unfortunately, the choice is not always the immigrant's to make.

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Must Visa or Green Card Holders Pay U.S. Taxes?

Jan 27, 2011   //   by Texas Lawyer   //   Blog  //  No Comments

tax-filing

Even if you are not a U.S. citizen, you may be required to pay taxes in the United States. Whether or not you must file a U.S. tax return depends upon whether the U.S. government considers you a "tax resident." All permanent residents (green card holders) are tax residents, but only some holders of nonimmigrant visas are tax residents (see below). Still, filing a tax return can be a good thing if you've been working for an employer who's been withholding taxes from your paycheck — you may get a refund!

Tax residents must report their entire worldwide income to the U.S. Internal Revenue Service (IRS). It doesn't matter if a portion or all of that income was earned from investments or business activities carried on outside the United States; a tax resident must report it all. But becoming a tax resident does not necessarily mean that the U.S. government will tax all of your worldwide income. International treaties control whether or not you must pay U.S. taxes on income earned elsewhere.

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How to Apply for U.S. Citizenship

Jan 27, 2011   //   by Texas Lawyer   //   Blog  //  No Comments

US-citizenship

U.S. citizenship gives a person as many rights as the U.S. has to offer; for example, the right to vote, petition for family members to immigrate, and live abroad without losing your right to return. For these reasons, citizenship is not easily obtained.

To become a U.S. citizen, you must first have a green card (permanent residence) and then meet other requirements, listed below. There are only a few rare exceptions in which a person goes straight from having no U.S. status to getting U.S. citizenship; some are discussed in Nolo's article U.S. Citizenship by Birth or Through Parents.

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Surviving Martial Law

Jan 26, 2011   //   by Lawyer 1   //   Blog  //  No Comments

martial-law

Martial law is defined as: military rule or authority imposed on a civilian population when the civil authorities cannot maintain law and order, as in a time of war or during an emergency.

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