The collaboration reproduction process either through the “gestational surrogate” or via insemination for intended parents create a labyrinth of legal issues that would need to be addressed incrementally. Intended parents are the individuals who put the process in motion, married or unmarried, who have committed in writing and otherwise to be the legal parents of the child to be born. The intended parents would need to file a petition of parentage for a legal declaration by the court. The Court will have jurisdiction when: The intended parent or the surrogate is a District resident ; Who have actually resided in
Read More
DISCOVERY RULES IN THE DRUG CASES: DC COURT OF APPEALS: DC DRUG LAWYER
The Court of Appeal in Buchanan v. U.S., decided on August 3, 2017, remanded a Possession with Intent to Distribute (PWID) Marijuana case due to the government’s lack of compliance with the specific scientific discovery requests by defense as deemed to be material on appeal. Specifically, the defendant had requested these documents in preparation for trial from the government pursuant to Rule 16, which provides for discovery of specific information within the government’s control such as: books, papers, documents, photographs, which are material to the preparation of the defendant’s defense. The defense with the assistance of an independent chemist and affidavits
Read More
DC LEAVING AFTER COLLIDING STATUTE: DC COURT OF APPEALS: DC DUI LAWYER
The Court of Appeals in Cherry v. District of Columbia decided on July 27, 2017, revered and remanded the defendant’s conviction for leaving the scene of an accident after colliding and expanded and defined the statutory language. Cherry’s car had collided with the wall adjacent to a convenient store. Cherry had exited his car and initially walked toward the convenient store while police officer were already at the scene. He had initially failed to identify himself but had later (about 12 minutes) after the accident had come forward and identified himself as the driver of the vehicle and to the police
Read More
DE FACTO PARENT DEFINED; THIRD PARTY CHILD CUSTODY STATUTE: DC CHILD CUSTODY LAWYER
The third party custody statute in DC enables an initial filing or intervention by the third party in the ongoing proceeding under the following conditions: THIRD PARTY CUSTODY I. A parent who has provided primary care of the child for the past three years consents and supports the third party custody motion; or that: II. The third party has: Lived in the same household as the child for the past 4 out of the 6 months prior to the filing of the complaint; If the child is under 6 months, then for the half of the child’s life; and The
Read More
DIVISION OF PROPERTY: WASHINGTON DC DIVORCE LAWYER
In the District of Columbia the material assets would be distributed and apportioned in a manner that is: Equitable, Just, and Reasonable The issue of division of property during marital dissolution is one of the most conflicting and complex areas in a divorce process as oftentimes the opposing parties disagree on what constitutes as sole and separate versus marital property. In the District of Columbia, the division of marital property is at the sole discretion of the Judge. The court considers all material assets including but not limited to: Business interests Investments, including foreign Stock options Nigh net-worth estates Antiques
Read More
4TH AMENDMENT: RECENT SUPREME COURT CASES: WARRANTLESS EXCEPTIONS: DC CRIMINAL LAWYER
The Fourth Amendment protects individuals from unreasonable search and seizures: Specifically the 4th Amendment provides: THE RIGHTS OF PEOPLE TO BE SECURED IN THEIR PERSONS, HOUSES, PAPERS, AND EFFECTS, AGAINST ANY UNREASONABLE SEARCHES AND SEIZURES, SHALL NOT BE VIOLATED, AND NO WARRANTS SHALL ISSUE, BUT UPON PROBABLE CAUSE, SUPPORTED BY OATH OR AFFIRMATION, AND PARTICULARLY DESCRIBING THE PLACE TO BE SEARCHED,AND THE PERSONS OR THINGS TO BE SEIZED. Over the years the Supreme Court has carved out numerous search exceptions to the warrant requirement of the 4th Amendment. These exceptions are: 1. CONSENT Knowing and voluntary consent to the search
Read More
DC DOMESTIC PARTNERSHIP LAWS DEFINED: WASHINGTON DC DIVORCE LAWYER
In the District of Columbia domestic partnership is defined as relationship between two individuals that have registered the partnership (pursuant to § 32-702) The term domestic partner is defined as being in a committed relationship with an individual who is: Eighteen years or older, Competent to enter into a domestic partnership/contract The only/sole domestic partner of the other Not married In a committed relationship In order to register a domestic partnership in the District, the domestic partners each will have to declare under oath and affirm the items listed above. The registration document other than the address of the individuals involved
Read More
LEGAL COMPETENCY IN ADOPTION CASES: DC ADOPTION LAWYER
The Court of Appeals in IN RE PETITION OF J.O. & P.O., decided on December 12, 2017, reversed and remanded the trial court’s grant of an adoption petition. The central issue in the case was the viability of the two competing adoption petitions filed at the trial level. The child was born to a mother who had known mental health issues and on the day of the child’s birth, the mother was admitted to a psychiatric ward for treatment. Shortly after birth, the child was placed in an Child and Family Services (CFSA) pre-adoptive foster home and over the course
Read More
RECENT COURT OF APPEALS DECISION: REVERSAL OF ASSAULT CHARGE
The DC Court of Appeals on November 9, 2017 in Elaine Jones v. U.S. reversed the defendant’s conviction for simple assault and possession of prohibited weapon. Elaine Jones was charged with simple assault and possession of prohibited weapon a cigarette lighter as she had attempted to ward off another homeless person from her personal space designated by cardboard boxes. She has set a section of her cardboard box taken over by the intruder on fire momentarily to scare off her adjacent homeless neighbor intruding on her and not respecting her personal space. At issue here was employing reasonable amount of
Read More
CRIMINAL CONSEQUENCES OF CHILD ABUSE AND NEGLECT: DC FAMILY LAWYER
The Child Abuse and Neglect Statute in Washington DC has both a civil and also a criminal component and at times run on separate tracks but concurrently. If there is a referral for child abuse to the Child Protection Services (CPS), in cases of alleged physical child abuse — there will be a civil as well as criminal investigation when warranted. Thus charges may be brought in the Family Court as well as in the Criminal Court Systems. According to the DC Civil Neglect Statute, the term neglected child encompasses the following categories: 1) A child who has been abandoned
Read More