This blog highlights some of the basic DC Child Support Guidelines and the related child support calculation and obligation. Along with divorce, separation, and filing of child custody papers, invariably and eventually the child support aspect of separation has to be addressed. If the matter is court involved, that is – parties have not reached a global agreement addressing divorce, alimony, custody and support – then the court will most likely apply the Child Support Guidelines (hereafter “guidelines”) to determine each parent’s portion of support. The guidelines enumerate and provide an equitable formula to calculate support for each parent principally
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RECENT COURT OF APPEALS DECISION: REVERSAL OF BURGLARY CHARGE
The Court of Appeals in SYDNOR v. UNITED STATES decided on January 14, 2016, reversed the lower court’s burglary conviction and issued an order for the trial court to enter a judgment for unlawful entry instead. The evidence revealed that the appellant had entered a fenced construction site and had removed steal pipes from the yard. The burglary statute in part states: “whoever shall, either in the night or in the daytime, break and enter, or enter without breaking, . . . any yard where any lumber, coal, or other goods or chattels are deposited and kept for the purpose
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DC CHILD CUSTODY LITIGATION: WHAT IS THE BEST INTEREST CRITERIA
This blog highlights specifically the legal definition of the “best interest of the child” as relates to DC child custody litigation: All cases involving and relating to the children in family matters; termination of parental rights/adoption, guardianship and child custody and neglect – all invariably use the “best interest of the child” criteria as a paramount factor in the reaching the final order and the legal analysis substantiating that order. The court looks at different but similar legal elements in each family matter to define the “best interest of the child” criteria. In balancing relevant factors in a DC child
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DC CRIMINAL LAWYER: DISCLOSURE OF JENCKS/DISCOVERY
In Hernandez v. U.S. decided on January 14, 2016, the DC Court of Appeals affirmed the assault charge but remanded for further review by the trial court on the issue of non-disclosure of the Jencks material and whether a new trial would be warranted. Factually, Hernandez was charged with domestic violence assault against his girlfriend. Although she had technically denied the assault, due to some language barriers and other significant independent evidence — the trial court’s findings were affirmed on that issue alone. Specifically, an independent witness had seen the defendant choke Ms. Argueta-Avila/the complainant and then saw her fall
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DC ADOPTION LAWS: LEGAL PARAMETERS: DC ADOPTION LAWYER
DC adoptions can be categorized as Child and Family Services (“CFSA”) involved or private adoptions. The legal paradigm remains the same. The CFSA involvement could and generally does complicate the process as there are additional requirements to make the child eligible for the federal subsidy. Such requirements are adoption licensing, home study/visits, Interstate Compact (“ICPC”) when applicable, adoption final report, adoption subsidy agreement, federal and state police as well as Child Protection Registry (“CPS” ) clearances just to name a few. Once the CFSA procedural requirements are met, there still remains the legal threshold to completing the adoption and entering
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RECENT COURT OF APPEALS DECISION: ATTEMPTED THREATS REVERSAL
In Milton v. U.S., decided by the DC Court of Appeals on December 24, 2015, the Court reversed Milton’s conviction for attempted threats against the arresting police officer. Officers had responded to an unlawful entry call on July 5, 2015, and Milton having been identified as one of the culprits was placed under arrest, but while on the curbside and cuffed, uttered to one of the arresting officers that “take that gun and badge off and I’ll fuck you up,” and moreover, that “too bad it’s not like the old days where fucking up an officer is a misdemeanor.” These
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MIRANDA WARNING/CUSTODIAL INTERROGATION: DC CRIMINAL DEFESNE
In Morton v. U.S., the DC Court of Appeals recently reversed defendant’s conviction for one count of felony and one count of misdemeanor Receiving Stolen Property (RSP), due to Miranda violations denial of motion to suppress at the trial level. Officers had approached three individuals engaged in suspicious activity with their hands, appeared to be a drug transaction, Morton, one of three, began running as officers questioned the group – chase ensued and Morton dropped a wallet during chase which was later recovered. Morton was apprehended, chuffed and questioned about the wallet, why he had ran from the officers, questioned
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COURT OF APPEALS DECISION: REVERSING DRUG POSSESSION CONVICTION: DC DRUG LAWYER
In OLUSHOLA AKINMBONI V. UNITED STATES, decided on November 19, 2015, the Court of Appeals reversed the defendant’s conviction for possession of marijuana, BZP, and drug paraphernalia holding that the cellblock cavity search of the defendant was constitutionally impermissible. Here the defendant was pulled over during a valid traffic stop, and marijuana was observed in plain view and the arrest made. The next day at the courthouse cellblock, the defendant was searched again and during that search the US Marshall had observed plastic bags partially protruding from the defendant’s cavity. Defendant was ordered to remove the items (several bags) and
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REVERSING CONFESSION — DC CRIMINAL LAWYER
In Little v. U.S., decided on November 12, 2015, the issue was the constitutionality of the confession, which lead to conviction at trial with little or no collaborating independent evidence. Little was picked up on an abscondence warrant and suspected of being involved in an attempted car robbery and was ushered to the interrogating room. Mr. Little’s cell phone was found inside the car, and although he vehemently denied involvement initially – eventually after several hours of interrogation confessed to the crime. The issue on appeal was the voluntariness of the confession in light of the highly unconventional and aggressive
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MALICIOUS DESTRUCTION OF PROPERTY: RECENT COURT OF APPEALS DECISION
The Court of Appeals in LAWRENCE N. HARRIS v. UNITED STATES, decided on October 29, 2015, reversed the appellant’s conviction for malicious destruction of property. The appellant had shared a home with his mother and sister and while locked out of the property by her mother, the complaining witness, attempted to gain entrance by kicking the front door causing damage to the door and ultimately getting arrested. Appellant was convicted under D.C. Code § 22-303, which states: “[w]hoever maliciously injures or breaks or destroys, or attempts to injure or break or destroy, by fire or otherwise, any public or private
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