Bright Star Blog

Possession of Drug Controlled Substance without a Prescription

By Marlene Kim on Tuesday, September 18, 2018

Controlled substances can be described as drugs and other types of materials whose use and possession has been regulated by the federal government. It should be noted that possession of a controlled substance is not necessarily a criminal offense. In fact, the possession and use of some substances are legal but this is only under particular circumstances. For instance, it is legal during a scientific research and when an individual is put under the supervision of a doctor. Prescription drugs might be considered to controlled substances but are not the typical drugs on the streets.

Illegal Possession

The illegal possession of a controlled substance can happen when an individual owns a drug or possesses a controlled substance, this could lead to Prescription Drug Charges Oklahoma City, of course, if you are living in OKC. This has to happen without permission or justification. The charges usually apply when an individual common prescription drugs such as Valium, Xanax, Methadone, OxyContin, Vicodin, Hydrocodone, Dilaudid and Demerol.

It is essential to realize that there are a few legally available drugs like prescription medications that qualify to be controlled substances. This means that possession charges can be imposed if an individual is found to be carrying the medication without a proper prescription.

In order for a prosecutor to convict a person of having illegal possession of controlled substance, he or she must prove all the following elements:

Knowing

The crime with regard to possession of controlled substances happens when an individual intentionally or knowingly has any controlled drugs. However, it is not mandatory for the prosecution to prove that an accused person had knowledge of the controlled drugs. In addition, that the accused knew possession was illegal in that circumstance. They only have to prove that the person accused had knowledge of the drug’s presence and had intentions to control or us them.

Possession

It means that an individual has physical or personal control over an illegal substance. The possession can be either constructive or actual. Actual means they have it in their pocket or constructive that means they have control over the drug i.e. hidden somewhere.

Shared Possession

A conviction can also be done in cases of partial control.

Possession Versus Distribution

Charges can either be simple possession or possession with intent to distribute. This is a much more serious crime. Crimes dealing with the intention to distribute are referred to as drug dealing. The penalty is directly proportional to the number of drugs, purity of the drugs and proof of the intent to sell.

Penalties

Drug controlled substances without a prescription have an array of penalties but it is dependent on where the crime took place. Furthermore, the severity of a penalty is controlled by several factors, these are as follows:

i. Specific prdrug.

ii. Circumstances of the drug possession.

iii. The criminal history of the accused.

The penalties fines, incarceration, probation, diversion, and rehabilitation.

The above insightful information about possession of drug controlled substance without a prescription shows prosecution elements and the types of penalties. Most times, it is important to get legal advice from reputable criminal defense lawyers. It is important that they have enough experience in order to win the possession case.

Uncategorized

Drug Manufacturing in Iowa

By Marlene Kim on Friday, May 4, 2018

Drug manufacturing involves the making of drugs with the intent of distributing them. This means that a person who is doing drug manufacturing is making huge quantities of drugs with the express intent to sell them. According to the laws in Iowa, one does not necessarily have to be actually making drugs to be manufacturing drugs. Instead, even having the substances and items that are used to manufacture drugs is considered drug manufacturing.

The increase in synthetic drugs is the main reason why drug manufacturing has increased so much in Iowa. There are people who manufacture illegally to sell to other people without the necessary authorization to do so, including prescription drugs. In the case one is arrested for drug manufacturing, it is important to get a professional drug crime lawyer in Iowa. Such a lawyer will be able to argue the case using the necessary laws that are put into place.

The main reason why drug manufacturing is strictly guided by the laws in Iowa is that there are people who manufacture illegal drugs that are much more dangerous than even the drugs they are supposed to be. Such people manufacture drugs such as methamphetamines that are known to cause negative effects on their users.

Such drugs are not checked by the regulating authorities and could even be more dangerous if the person making them doesn’t use the “standard” materials. Because of these reasons, the laws for people who do the manufacturing illegally are very strict. A person caught manufacturing drugs in Iowa can be jailed for up to ten years. These laws are meant to protect the residents from the negative effects of the illegal and substandard drugs they produce.

Besides the people who perform drug manufacturing illegally in Iowa, there are others who are accused but are not guilty. Such people are caught because some of the things used to manufacture the illegal drugs are legal and are used in day to day activities. If a person is caught with some of these things on the street or at home, one can be charged with drug manufacturing. In such a situation, it is paramount to hire a professional drug crime lawyer in Iowa for the lawyer will be able to argue the case and prove the innocence of the arrested person.

There are also stores that sell some of the components used to manufacture drugs. But such stores usually sell such components for other uses. This means that such stores do not have any idea that the people who buy the items intend to use them to manufacture drugs. But if the court establishes that there is a store that sells these items knowingly, such a store can be charged in a court. This makes it the responsibility of the stores in Iowa to make sure that the people who buy certain items do not use the items to make drugs – which is why there are certain things that seem strange to be carded for at your local big box store, but it happens to prevent such manufacturing.

The main reason why it is important to deal with drug manufacturing in Iowa is that people who use the drugs experience different types of negative side effects. This is because the users of these drugs hope to get high and they and up being addicted, potentially ruining their lives. After being addicted, it becomes very hard to stop the addiction. The crime rate also rises because most users steal to get money to buy drugs. Competition in selling of these drugs also causes safety concerns. Consequently, the state government keeps on dealing with the sellers and manufacturers of the drugs to the fullest extent of the law.

When convicted with drug manufacturing in Iowa, one is usually arrested together with the evidence. After being arrested, one is kept in the custody of the police and then taken to a court of law within the shortest time possible. In the court one gets an opportunity of explaining why he or she has been arrested. The evidence or a portion of the evidence is brought before the court and the arresting officers are also requested to testify for the judge so that he or she knows all of the details. It is highly recommended for the accused person to get a professional drug crime lawyer in Iowa. This is because the lawyer has a better understanding of the various drug laws. Depending on the evidence produced, the accused person will be jailed, fined or set free.

It is evident that the drug manufacturing laws are very helpful in Iowa. They reduce the quantity of illegal drugs which are sold and used in this area and it also prohibits people who do not have the necessary skills and equipment from making the drugs. The law also protects people who might be caught by mistake, especially those who are caught with legal items which are used to manufacture the illegal drugs. Therefore, understanding the drug laws in Iowa is helpful and one should get a professional lawyer in case one is caught with a drug manufacturing offense.

Uncategorized

Protection of Witnesses in a Drug Case

By Marlene Kim on Friday, April 27, 2018

It may well not come as a revelation to many that supposed drugs traffickers, who are facing a lengthy incarceration, will go to great lengths to stop their own drug cases and do so by spreading fear and alarm through the use of intimidating means. The witnesses will need some assurance of their safety. They should be protected both in their areas of residence and when appearing in the court of law. Also, their families and friends should equally be protected as drug case is more sensitive and drug traffickers will use every mean to intimidate them.

There various types of intimidations a witness may experience in the course of their work. They include:

-Implicit threats

-Property damage

-Courtroom intimidation

-Physical violence

Drug dealers may try all means to ensure that witness is intimidated. They may assault, brutalize, isolate from public or even kill one of the witnesses’ family members. To avoid these situations, certain measures should be taken by the government. The law is very clear on Protection of Witnesses in a Drug case. What witness protection allows, in any situation in which the evidence that somebody is to give is crucial at a drug case matter, is peace of mind through the elimination of their fears and anxieties, allowing for an enhanced capacity for recalling the essential facts accurately.

Something a large number of witnesses often find this hard to do with the risk of violence or harassment hanging over them. A private security company that supplies a witness protection service will provide protection officers who will facilitate 24-hour security and put into action risk-reducing standard operating procedures that will benefit all those acting on behalf of the prosecution, inclusive of Drug Crime Attorney and key witnesses; those that are exposed or have endured threats from those who seek to interfere with their drug case.

A properly planned and managed witness protection service will lessen the risk to those key people involved on the prosecution side. It will not only protect a client, but produce a sense of security and assurance within those involved, which allows the witnesses to recall their evidence more precisely.

If you have a court appearance pending and believe you need a witness protection service, then make sure that any security company you approach can and will fulfil the following basic criteria:

The provision of 24-hour protection that includes the leading up to, during and posts court appearance.
A facility to provide safe houses and secure locations.
That you will be safely transported to and from the court.
That they coordinate with the court security staff to ensure understanding and maximum support.
Supply personnel with police backgrounds, who are familiar with court procedure and an understanding of the requirements of the witnesses and their families.

On that last point, specialists should have plenty of prior experience and be required to have provided close protection in drug case and courts to both Drug Crime Attorney and witnesses and they should place their importance on ensuring that clients are put at ease through feeling that they are safe and protected; so that they are ready to give good quality evidence on that particular drug case. There is no denying that it is a sensitive matter that requires the very best a close protection officer has to offer.

Should they fall short in any or all of these, then move on and keep looking because you cannot put a price on the protection and safety of yourself or your family.

One other matter that needs consideration is that the larger security companies may not share the same emphasis on client focus as the smaller firms and may not have the same quality of officer.

The question has to be asked; can a corporation that provides work for thousands of employees really offer a quality of service that is comparable with a perceived lesser company whose staff are all handpicked and chosen for the knowledge and experience?

It is an incorrect supposition held by many people that because a corporation has a large workforce that they offer a better-quality service, it is our experience that the precise opposite applies. Smaller security companies focus on hiring and working with only those they trust implicitly and not all and sundry.

Employment and Labor Law

EEOC Issues “Best Practices” Guidance for Employers

By Marlene Kim on Thursday, October 19, 2017

The Equal Employment Opportunity Commission (“EEOC”) is the federal agency charged with enforcement of federal discrimination laws such as Title VII and the ADA. Today a Task Force commissioned by the EEOC released an extensive document entitled “Best Practices of Private Sector Employers” outlining its findings and providing significant recommendations for all employers.

The 183 page document reflects the results of many individuals and companies and months of research into the inner workings of American companies both large and small. The Task Force divided its study into six major groupings: (1) recruitment and hiring practices; (2) promotion and career advancement; (3) terms and conditions; (4) termination and downsizing; (5) alternative dispute resolution and (6) other.

The Task Force noted that, in order to qualify as a “best practice”, the practice should promote equal employment opportunity and address one or more barriers that adversely impact equal employment opportunity. The practice must also involve a serious commitment from management to the EEO objectives and must involve management accountability for equal employment opportunity. The practice must essentially embrace fairness to all employees and must be implemented conscientiously and should show noteworthy results.

In attempting to obtain data from a statistically significant slice of the American workplace, the Task Force sent letters to any employer with 25,000 or more employees. In addition to numerous surveys sent to associations representing employers, employees and civil rights groups, the Task Force sent letters to each member of the Senate Labor and Human Resources Committee and the House Committee on Education and the Workforce asking for input on all matters under Task force consideration.

All employers are well advised to review this detailed analysis of the types of practices this governmental agency would consider to be acceptable in the area of EEO compliance. It provides many suggestions and recommendations applicable to many businesses.

Immigration Law

Should You Hire a Dallas Immigration Lawyer

By Marlene Kim on Wednesday, July 26, 2017

Immigration to the United States is great, but the question of staying in the country comes up and that can be a bear to figure out. Immigration laws, are complex and are not easily understood. Most times, only a trained immigration lawyer will be able to help. Many people misrepresent themselves, so make sure your search for a Dallas immigration lawyer is thorough.

Make sure that you have the right lawyer, a lawyer that can actually solve your problem. You are a unique person, not just a number. What is very important is your concerns and fears, and you need a lawyer that can empathize with you and give it to you straight, without alot of lawyer talk that can confuse you.

That being said, it is not always easy to pick a good immigration lawyer. There are many who act like they have knowledge, but are really inexperienced. Just because someone has a law degree, doesn’t mean that they are a skilled practitioner. Someone who doesn’t know what they are doing, can get you in a lot of trouble, and cause alot of havoc.

When checking out your potential Dallas immigration lawyer, here are some things you need to look for. Make sure your lawyer is liscenced and able to practice in the US, and is in good standing with the Dallas City, and Texas State Bar. It sounds like common sense, but there are many who have unwittingly ended up working with those not registered or have good standing with the State Bar.

Make sure your lawyer is ethical and practices with a good track record. If you can’t get him to give you references, you should leave. Make sure your lawyer practices immigration law. If they focus on another area of law, you should really think about whether or not you really need this.

They should also give you a clear-cut answer on what it’s going to cost you to deal with them. And last, but not least, they should not give you a guarantee of success but simply indicate they will work for you and with you to do the best they can given the system.

There is no specific requirement for having an lawyer prepare those docuements for you, but not doing so can set you back months or years.

This can be a very exciting time for you if you are working to become a legal citizen of the United States. If you are in Dallas and you need to make this happen, make sure you pick a really good Dallas immigration Lawyer that will help to get you the things you need, and will represent you in the best light.

Tax Law

RETAINER AGREEMENT

By Marlene Kim on Wednesday, July 26, 2017

This document sets out the basis on which Alpha Link LLP (“ALL” or “we”) will agree to provide services to our clients. Accordingly, if you decide to retain ALL as your legal counsel, our agreement will be as set out below (“our Agreement”).

ALL’s Fees for Services Rendered

Under our Agreement, we will charge you a fee for our services that will be determined in a manner that is consistent with the Law Society of Upper Canada rules, and that will represent a fair and reasonable fee, based on a number of factors, including but not limited to the time and effort involved, the complexity of the matter, the amounts in issue, the overall results obtained, and the degree to which special skills and expertise are involved in dealing with the matter.

In addition to our fees, we will charge you for any disbursements which we incur on your behalf, as well as all applicable GST – which may apply to both fees and disbursements.

Where we choose to base our fee entirely on the time spent, please be advised that our hourly rates currently range from $175 per hour for our most junior associates, to $650 for our most senior partners.
Where appropriate, we attempt to have junior lawyers involved, on a supervised basis, so that the most cost effective service can be provided. If you have particular requirements in this regard, you will raise these with us at the outset of our Agreement.

Retainer Policy

ALL’s usual policy to request a retainer in advance from all new clients, and in respect of any matters where it is likely that substantial services will be required to be provided. ALL will base the amount of any retainer requested on our estimate of the time and effort that will be initially required to deal with the preliminary aspects of any particular matter. Where appropriate, we may notify you and request that the retainer amount be further replenished, which may be required before additional steps are taken by us, and we reserve the right under our Agreement to cease all work on your file until such a replenishment has been made.

Where ALL requests a retainer from you, the provision of that retainer by you to us shall constitute your acceptance of our Agreement. Where we choose not to require a retainer in advance for our services to you, the provision by you of any information or documentation to us shall constitute your acceptance of our Agreement.

Statements of Account & Unpaid Balances

Statements of Account will be issued to you periodically throughout the term of our engagement, and are payable upon receipt. To the extent retainer funds are held by us in trust at the time the Statements of Account are issued, those funds will be applied directly to the Statements of Account. Any balance remaining unpaid more than thirty days after the Statement date will bear interest from the Statement date to the date of payment, currently at the rate of 1% per month.

If your account with us remains outstanding for a period of 15 days from date of issuance, we reserve the right under our Agreement to cease all work on your file.

Legal Services Provided to You

As client of ALL, you can expect that our legal services will be performed on a professional and competent basis, and in a timely manner. If you have particular requirements in this regard, you will raise these with us at the outset of our Agreement, so that the appropriate resources can be directed to your particular needs.

We reserve the right to determine how the legal services provided to you are performed, and by whom they are performed.

If you are a non-resident of Canada, and should it become necessary for us to visit you or your facilities outside of Canada, you agree that the purpose of our visits shall be to obtain information only, and that as Canadian counsel, all of our legal services will be performed in Canada.

Other

Our Agreement constitutes the entire agreement between us and supersedes all prior agreements, understandings, negotiations and discussions, whether written or oral.

No amendment or waiver of any provision of our Agreement shall be binding on either of us unless consented to in writing by both of us.

Our Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

In the event you feel the need to bring suit against us, you agree to bring such suit in the Ontario Courts.

Tax Law

Recent Customs & Trade Developments

By Marlene Kim on Wednesday, July 26, 2017

Some of the most significant current developments in customs law have centered on Canada’s customs valuation rules, and range from the newly enacted “purchaser in Canada” regulation, which imposes an additional pre-requisite to using the transaction value method, to the recently decided royalties cases.

Royalties

Certain royalties and license fees are potentially dutiable under the transaction value method as an addition to the price paid for the imported goods. Royalties have been the subject of intense audit and assessment activities by the CCRA. Not surprisingly, there have been several high profile cases involving the scope of the royalties addition, with the Supreme Court of Canada recently considering the issue in the Mattel Canada case. Based on the Supreme Court’s decision, royalties that are paid to an unrelated licensor are not subject to duty unless failure to pay the royalty enables the manufacturer to effectively repudiate the contract by refusing to sell the goods to the Canadian purchaser.

Administrative Monetary Penalties

Customs has recently announced plans to implement an Administrative Monetary Penalty System (AMPS). AMPS is to supplement the new penalty structure under section 109.11 and the new “informed compliance” provisions under the Customs Act which requires importers to correct declarations where they have “reason to believe” that their declarations are incorrect. Under AMPS, civil penalties will be expanded and will be used as the principal means of sanctioning customs contraventions. Seizures and criminal sanctions will only be used for the most serious offenses. AMPS is slated to come into force in late October, 2001.

SIMA Changes

Several amendments have recently been made to SIMA, paralleling the Canadian system more closely with that of the United States. Other major changes include the further bifurcation of the CCRA and CITT tasks. Now, once an investigation has been initiated by the CCRA, the CITT now assumes responsibility for the preliminary investigation of injury. For interim and expiry reviews, the CCRA will now be formally involved in addressing the anti-dumping and subsidization aspects (e.g., whether dumping/subsidization has continued, whether there is a likelihood of resumption etc.). Other changes include the expansion of the public interest provisions in SIMA, and the requirement for the CITT to cumulate the effects of dumping from more than one country and consider an exporter’s pricing practices in third countries, when determining whether the domestic industry has suffered, or is likely to suffer, material injury.

Employment and Labor Law

Never Too Young To Sue: New Jersey Affirms Age Discrimination Lawsuits For The Young

By Marlene Kim on Wednesday, July 26, 2017

Age discrimination lawsuits are no longer the exclusive preserve of the maturing workforce in New Jersey. This was confirmed by the State’s Supreme Court in the matter of Bergen Commercial v. Bank Sisler, 1999 N.J. LEXIS 58 (Feb. 24, 1999), which held that New Jersey’s Law Against Discrimination (“LAD”) is broad enough to permit reverse age discrimination cases to be brought by young employees.

The plaintiff in that case was 25 years old when he was hired in 1994 by the defendant Bank for the position of vice president. Shortly after his hire, the plaintiff alleged that the Bank’s Chairman was “shocked” to learn of the plaintiff’s youth during a discussion over lunch. Approximately five months later, the plaintiff was terminated from his position. He then sued the Bank and claimed that his termination was improperly based upon his young age.

The trial court initially dismissed the action, based upon its interpretation of the LAD as intended only to apply to workers age 40 and older. This interpretation is consistent with the federal Age Discrimination in Employment Act, which prohibits age-based discrimination only to those workers at least 40 years of age. However, New Jersey’s Appellate Division disagreed and reversed the lower court’s decision in 1998.

The Supreme Court affirmed the reversal of the lower court’s decision based upon its expansive interpretation of the LAD. The Court found it “entirely consistent with the underlying purposes of the Law Against Discrimination” to presume that New Jersey’s Legislature intended the LAD to protect all employees of the State, regardless of age, because the LAD lacks a minimum qualifying age to trigger the law’s protection. Specifically, the Supreme Court held that “the LAD’s prohibition against age discrimination is broad enough to accommodate [a] claim of age discrimination” based on youth because the statute “contains no such express limitation” on age as those contained within the LAD’s federal equivalent.

While the obvious repercussions for New Jersey employers will be profound, the Supreme Court rejected the notion that its holding “will undermine protections for older workers and force employers to fill vacancies for high-level executive positions with unworldly 18-year-old applicants.” The Court was also careful not to alter or modify New Jersey’s heightened standard for “reverse discrimination” cases so that a young plaintiff — as a member of the historically unprotected majority — must prove “background circumstances supporting the suspicion that the defendant is the unusual employer who discriminates against the majority.” Nonetheless, the decision will only further burden employers in the State and opens the door for wholesale claims of age discrimination, regardless of the employee’s actual age.

Tax Law

LAWYER BASHING BANNED: NOVEMEBER 2nd, 2001 DECLARED NATIONAL “I LOVE MY LAWYER DAY”

By Marlene Kim on Wednesday, July 26, 2017

Over 100 million Americans could participate in first ever lawyer-lovefest, critics sure to be angered
BOCA RATON, FLORIDA, – “Mark your calendars for the first Friday of every November from now on. “National I Love My Lawyer Day” will be one of the most anticipated and talked about days of the year,” said Nader Anise, National President of American Lawyers Public Image Association (ALPIA).

This year, “National I Love My Lawyer Day” falls on Friday, November 2. On this day, not only is lawyer bashing a big no-no and considered in poor taste, but the public is also asked to take a few minutes out of their day to let their lawyers know how much they love and appreciate them. “Call your lawyer and say happy lawyer’s day or thanks for a great job, or even send him or her a gift or flowers,” Anise said. “Lawyers are always painted as the bad guy, even when they do their job well. We’re hoping this day will spark public interest in commending lawyers rather than condemning them.” “This is a personal crusade,” Anise added.

As a show of appreciation by lawyers, ALPIA is asking every US lawyer to give back on November 2: either perform at least one hour of pro-bono work or donate the income from one billable hour to Childreach, a non-profit organization that does extraordinary work for underprivileged children around the world.

“National I Love My Lawyer Day” was declared when the ALPIA Board passed a national resolution earlier this year. Annually, it will be a national day of lawyer appreciation in which the public, lawyers, American Bar Association, 50 State Bar Associations and other legal organizations may participate.

ALPIA is a national organization committed to promoting a positive public image of lawyers. Its most recent battle was against NBC television in which ALPIA played a leading role in running the show First Years off the air. NBC featured ALPIA repeatedly in promos during primetime and also during Access Hollywood. ALPIA’s founder and National President, Nader Anise, has gained national media attention due to the controversial nature of his crusade.

Tax Law

Crime-Fraud Exception to Attorney-Client Privilege

By Marlene Kim on Wednesday, July 26, 2017

In In re Campbell, 13 Fla. Law W. Fed. B183 (Bankr. M.D. Fla. 2000), debtor filed an objection to creditor’s motion to compel production of documents filed against debtor’s counsel. Debtor asserted the attorney-client privilege, attorney work product. The Creditor alleged that non-exempt assets were converted to exempt assets with the intent to hinder, delay or defraud creditor and the privilege fails under the crime-fraud exception to the privilege. Id.

The crime-fraud exception is associated with a client who consults a lawyer for advice for a fraudulent undertaking. Id. at 10, See In re Warner, 87 B.R. 199 (Bankr. M.D. Fla. 1988). If advice is obtained with respect to past crimes or misconduct then it is privileged. However, advice sought in contemplation of commission, prior to commission, or during commission of a fraudulent undertaking prior to the commission of a fraudulent event then it is not privileged. Id. at 10.

To invoke the crime-fraud exception to the attorney-client privilege a two part test must be met. First, a party must provide, “prima facie evidence showing that the client was engaged in criminal or fraudulent conduct when he sought the advice of counsel, that he was planning such conduct when he sought the advice of counsel, or that he committed a crime or fraud subsequent to receiving the benefit of counsel’s advice” Campbell, 13 Law. Law W. Fed. B183, 9-10 citing In re Grand Jury Investigation (Schroeder), 842 F.2d 1223, 1226 (11th Cir. 1987). Second, the party must show that the attorney’s advice was obtained in furtherance of the criminal or fraudulent activity or closely related to it. id.

The Court in Campbell, found that the crime-fraud exception to the attorney-client privilege applied. The Creditor did raise sufficient inferences that the transfer may have been fraudulent. The Bankruptcy Court concluded that the Creditor was entitled to certain documents that might be part of a fraudulent plan