LIQUOR LAW

Liquor lawAlcohol, whether we want it or not, has a big effect upon our lives. It is known as one of the main causes of all the legal contradictions. At least once in your life, you will encounter situations that will require specialized knowledge about Liquor Law.

Liquor law violations include control over serving, consuming, possession and sale of alcoholic beverages.

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Underage Drinking and Minor in Possession

Underage drinkingUnderage drinking problem is a major public health issue in the United States. Adolescents want to overcome social anxiety, lower their inhibitions in social situations, reduce stress and worries, increase courage, feelings and power, enhance sexual attractiveness and performance, satisfy the thrill seeking desires through alcohol consumption. This issue became one of the most well known cause of numerous legal disputes.

Alcohol consumption by youth in the United States (also known as underage drinking) is a term used for the concept of alcohol use by anyone under the minimum legal drinking age of 21. A lot of states have a minor in possession (MIP) – criminal offense concerning alcohol and drugs found in possession of minors, although some details regarding punishments vary from state-to-state. Some states provide a very strict strategy towards those who violate the MIP law and prosecute its felons; others have a different point of view about juvenile justice, providing probation by entering a court-ordered diversionary program and offering medical care. It is typically a misdemeanor for anyone under 21 to possess alcohol. Besides the fact that this is the minimum legal age to buy alcohol in all states, details tend to vary.

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Easy way to get rich – easy way to jail. Larceny Or Theft Is Not A Solution!

rrrrrrrrrrrrThe modern media popularizes the life of reach and beautiful. Everyone would like to have a better live and sometimes the desire of having more money or goods may lead to unlawful criminal actions. Some people think that stealing is the easiest way to get richer and that is the reason why larceny or theft are committed so often.

Criminal law basically categorizes larceny as a form of theft that means taking of someone else’s property without using force from the location different from their home.

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Larceny consists of unlawful taking of person’s property and carrying it away. In this case someone else’s property means that the larceny occurs when the property belongs to someone else. If the property is co-owned and it was stolen from the co-owners by another one, it is also larceny. Larceny occurs without the owner’s consent, what means that the owner didn’t give his approval to remove the property, and the taker’s intent is to permanently deprive the owner of use of his or her property.

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Beware, drunk driving causes death!

Drunk driving or driving under influence is a really dangerous and irresponsible act that people perform. After-party high spirit and good mood can turn into a tragedy for you, your family, for other people and their families because drivers with high blood alcohol content or concentration (BAC) are at a great risk of car accidents, roadway injuries and vehicular deaths.

DUI is a traffic offense and violation of the traffic law. If you are caught committing such an offense you will face really severe penalties. You can pay a monetary fine or you can be imprisoned. The penalties depend on the complexity of your offense.

 

However, the penalties do not bring such a grief as the accidents that occur because of driving under influence. According to www.madd.org, every 53 minutes on average, someone is killed in a drunk driving crash (9,878 people in total in 2011). Every 90 seconds, someone is injured because of this crime.

Edgar Snyder & Associates, a law firm representing injured people, has collected the following statistics:

United States Drunk Driving Car Accident Statistics (2009)

  • Three in every ten Americans will be involved in an alcohol-related crash at some point in their lives.

  • Of fatal accidents in 2009, 32 percent involved alcohol-impaired drivers.

  • In 2009, all 50 states, the District of Columbia, and Puerto Rico made it illegal to drive with a BAC of .08 or higher. Of the 10,839 people who died in an alcohol-related crash, 7,281 (67 percent) had drivers with BACs above the legal limit.

  • For fatal crashes occuring from midnight to 3 a.m., 66 percent involved alcohol-impaired driving.  Continue reading

The Victims Speak Out Against Peter Madoff

       

On the day of Peter Madoff’s sentencing, it is only fitting that the victims be heard.  In a stark contrast to the image of the man portrayed by those who wrote in support of Peter Madoff, Document 298 filed by the U.S. Department of Justice on December 19, 2012 contains eleven additional victim impact statements that were presented to the Honorable Laura Taylor Swain.

Perhaps you have the impression that all of the Madoff Victims were either very wealthy individuals or institutional investors.  While it’s clear that many of the victims fit this profile, it was painful to read about the financial position that many of these folks now find themselves in.

The first Impact Statement was submitted by email to the U.S. Justice Department by Marcia Ellis on behalf of Victim Martin & Marcia Ellis.  The Ellis couple was comfortably retired and living in Maine when they learned from their daughter that they had lost all of their money in the Madoff Ponzi Scheme. Their losses extended to brothers, sisters, grandmothers, grandfathers, aunts and uncles. The Ellis Family filed amended tax returns with the IRS which were rejected.  An appeal, which took them more than two years, resulted in a a tax adjustment of only 75% of their actual losses.

Mrs. Ellis now describes her life as one of:

“discount stores and living as in expensively as we can. Will we be able to support ourselves in our golden years – we can not plea bargain that reality away”.

The second victim statement came from Jill and Nancy Miller and was filed in order to express their dissatisfaction with the sentencing extension that Peter Madoff received from the court in order to be able to file amended tax returns with the Internal Revenue Service.  The victims reported that Mr. Madoff was not using his time to get his tax situation resolved but rather:

“he was out an about enjoying a leisurely lunch in an expensive upper east side restaurant where many of his victims would like to eat but can’t afford to. Yet miraculously he can. I saw him personally eating in this restaurant. He has nerve showing his face and flaunting his freedom (extra). I hope he savored the food cause that’s not what he will get in PRISON!”

Perhaps the most heart breaking Victim Impact Statement was iled by Morton J. Chalek, a World War II Veteran.  Mr. Chalek’s short statement made such an impact that it has been included in its entirety:

I welcome the opportunity to vent my spleen regarding the Madoff fiasco.

In the way of an introduction:

  1. When Pearl Harbor was bombed, I stood online overnight in order to enlist in the Air Force. I then flew 23 combat missions.
  2. After I was discharged, I worked hard, built a successful business and saved enough for a comfortable (well earned) retirement.
  3. Then my attorney introduced me to his golf partner, Bernie Madoff.

I am now 90 years old and bankrupt. I have been waiting hopelessly to recover the money Madoff stole from me. At the very least, I expected to receive some compensation from my SIPC insurance. Four years have passed and I have received nothing and, I see no help coming from the U.S. Department of Justice.

Mr. Picard and his clan seem to be thriving while my cause seems to be helpless.”

Morton J. Chalek

Victim Natalie, who signed her statement with the title: Direct Investor Sentenced to a Lifetime of Financial Ruin and Emotional Unrest provided perhaps the most interesting perspective for Judge Swain to consider when sentencing Peter Madoff today:

Peter Madoff was educated in the law. He was savvy enough to help create the computerized trading system. He worked closely with his brother for years. He aided and abetted his brother and helped the scheme to continue and thrive. He did a lot of damage over a long period of time. He ran the daily operations for the past 20 years and should be sentenced to the same amount of time. 20 years.

While the Federal Sentencing Guidelines are extremely complex, we would like to commend Natalie Erger for her wisdom and simplicity.  Moreover for her courage and those of all who have spoken out with respect to this financial disaster.  We express our sympathy for all of those who have had their lives impacted by the Madoff Ponzi Scheme and hope that the sentence imposed today on Peter Madoff by Judge Swain provides each and every one of them with some small measure of justice for their losses.