During the last year, the state of Maryland made news when it announced a program to begin upgrading the breathalyzer equipment that police use in potential drunk driving cases.  Considering the fact that the existing breathalyzers used by law enforcement in Maryland are about ten years old, it safe to say that it is about time that they updated their equipment!  Let’s take a closer look at this new equipment and its impact on the Maryland DWI scene.

Out with the old, in with the new

The new devices being utilized in Maryland are the Intox EC/IR II, and will be replacing the now outdated Intox EC/IR.  The major improvement in the new devices is the lower margin for error allowed by their predecessors.   In addition, the newest version, has more memory for testing and has improved on the mouthpiece to reduce the changes of it getting stuck and being unable to record a sufficient breath or giving a false reading.

• Click here if you need a Maryland DUI / DWI Attorney

Impact of the change on DUI cases in Maryland

So, what does this mean for you if, say for example, you are stopped at a DUI checkpoint in Maryland (link to prior blog post)?  For starters, it means fewer false reads and improved accuracy.  This means that if you have not been drinking and take a breathalyzer you can breathe easier knowing there is less of a chance of a false readout.  On the other hand, if you have been drinking, this makes it easier for the state to make its case that you are guilty of a per se DUI offense.   Fear not, though!  Because even with a readout above the legal limit from one of these new devices, there are still many arguments that can be made to dispute the findings.

Do you need help with a serious traffic violation?  Call Rodriguez-Nanney, P.A. for an experienced legal team who has both the knowledge and expertise to make sure that you’re getting the defense that you deserve.

We have all seen them; you’re driving home from a party or going out for a late night snack and you get stopped at a police checkpoint.  The road is blocked off and while officially they indicate that they’re looking to make sure all passengers are wearing seatbelts, we all know that what they are really checking is the sobriety of the driver and passengers.

Statistically speaking, at any given checkpoint police might stop as many as 1,000 cars in an evening.  But according to multiple sets of statistics reported by states across America, less than 1% of those will end up being a drunk driver.  In fact, many studies seem to show that less than 1/3 of 1% of roadblocks produce DUI – related arrests.

We could have a great debate about whether these checkpoints are an appropriate, and beneficial, use of police resources, but presumably that is not why you are here; the real question that people often want to know is whether DUI roadblocks are legal in Maryland, or are they a violation of the Fourth Amendment and Maryland’s constitution?

DUI Checkpoints ARE legal in Maryland, but…

In Maryland, DUI roadblocks have been deemed legal by the Maryland Court of Appeals, in line with the US Supreme Court, but only if proper guidelines are followed, mainly having to do with the setting up and managing of the checkpoint.  If, on the other hand, these specific procedures are not followed, then a defendant arrested at at one of these check points will have a good chance of getting a “Not Guilty” verdict.

• Click here if you need a Maryland DUI / DWI Attorney

The Importance of the 4^th Amendment

The 4th Amendment of the United States constitution protects against unreasonable searches and seizures by state actors.  The 4th Amendment has been adopted and incorporated into the Maryland State Constitution, as well, providing even greater protections to Maryland residents and visitors.

When a defendant alleges a 4th amendment violation, the judge must then determine whether the search and/or seizure were “reasonable.”  When applied to a DUI checkpoint in Maryland, the court will consider how much intrusion each individual stopped by police suffered on account of being subjected to the search.   Therefore, the judge would consider how many cars were pulled over and how many arrests were ultimately made.  In considering this factor, the judge is also considering Maryland’s interest in enforcing its DUI laws, and how well a DUI check point accomplishes this goal. In our example provided above, if the court found that arrests were only made on a 1/3 of 1% rate, the judge is much more likely to find that the seizure (arrest) of the defendant was unreasonable because of the very low success rate and high amount of driver inconvenienced.

Other things that a court may take into consideration when rendering their decision would be whether the checkpoint was carried out in accordance with typical police procedure, the delay there was between checking cars, and whether cars were picked out at random or in a routine.

Have you ever been subject to a DUI roadblock?  If you are currently facing traffic charges, especially one involving a potential DUI, make Rodriguez-Nanney, P.A., a law firm in Annapolis,  your first and only call at .  Don’t roll the dice when it comes to a criminal record.  Call now to arrange for an appointment with our legal team today.

Most people would agree that a divorce settlement is a much more favorable option than litigation. With a settlement, there is room for compromise and conversation, as opposed to judge determining all of the outcomes. However, as the settlement experience can still be very stressful and tense for each party, it can be best to go through a divorce settlement checklist to ensure that you have not left out any significant details in your settlement.

If you take the time to thoroughly answer these 20 questions, you will be much more prepared to seek a successful divorce settlement:

Questions About The Children

Divorce becomes much more complicated when children are involved. Below are some key pieces of information to have ready:

1. Who will have joint or sole legal custody of each child?
2. Is your child adopted and will there be any special issues regarding the adoption degree to consider?
3. What is your ideal day-to-day schedule for each child?
4. What is your ideal vacation schedule for each child? How many weeks of vacation time will each parent spend with the children?
5. What do you want your holiday schedule to look like? Determine which parent the children will be with for each major holiday.
6. When will the children have breaks from school?  Decide which parent they will spend those breaks with.
7. Are there any rules or restrictions regarding telephone contact with the other parent?
8. Who will transport the children when they are to be exchanged between parents?
9. Which parent will maintain insurance coverage for the children?
10. Who will claim the children for income tax purposes?
11. How much will each parent pay toward childcare, such as daycare services or tuition?
12. How much will each parent pay toward basic child support?

Financial and Legal Questions

As a married couple, you are joined legally and financially. There are many questions you need to ask yourself as you separate these connections:

13.How is marital debt to be divided?

14.If alimony is to be paid, how much is expected, and how long is it to be paid?

15.Who is responsible for attorney fees, or will they be divided equally?

16.Will either spouse be changing his or her name?

17.How will marital property be fairly valued and divided?

18.Does each spouse agree to complete any paperwork necessary to transfer property or assets?

19.Does each party agree to employ the aid of a mediator should future parenting or financial conflicts arise?

20.If one party has hidden marital assets, does the court retain the ability to reopen the case?

 
Of course, each divorcing couple’s story is going to be different and complicated, but asking these questions and having this information ready will help the settlement process proceed more smoothly and quickly while also preventing the omission of any important issues.

If you are a business owner that employs immigrants, a surprise visit from ICE (Immigration and Customs Enforcement) can be a nerve-racking experience to say the least. A corporate immigration audit can lead to fines or even criminal charges if problems are uncovered, or it can mean the termination of most of your workforce.

Any business is susceptible to corporate immigration audits, but there are ways to survive them.

Who gets audited?

ICE has greatly stepped up its enforcement of these audits throughout the tenure of the Obama administration through I-9 compliance regulation. The reasoning behind the audits is the belief that employers who are hiring undocumented workers are at least partially responsible for fueling the incentive for undocumented immigration.  Fairly or unfairly, these employers are being stereotyped as thrifty business owners who are trying to save money by hiring undocumented immigrants at lower wages than what legal US residents would work for.

For many employers, these stereotypes are not true, but they still must be on the watch for an audit regardless. There are plenty of business owners who collect all of the information that is necessary and treat all of their employees equally, but who do not realize that the employee information provided to them is fraudulent, potentially leading to penalties in the event of an audit.  On the other hand, if the business owner turns an employee away because he or she thinks information provided by a foreign employee could be falsified, he or she could be faced with discrimination charges. Either way, this can certainly devastate a business.

The best defense is a good offense

The best way to survive an audit is to be proactive – and that means being prepared and organized especially when it comes to documentation and processes. There is now an electronic program called E-Verify that business owners can use to check the validity of their applicant’s I-9 employment information. The use of this program is now mandatory in some states.  But even if you do not use E-Verify to double check employment eligibility, I-9s should be completed for all employees and retained for the appropriate amount of time.

Employers should also consider conducting random audits on themselves from time to time to be sure that they have all of their employees’ I-9 information. If there is information missing, it should be added, then initialed and dated at the time that it is added.

Be sure to document any and all steps you have taken to obtain the proper employment verification information. It is hard not to be sympathetic to the human aspect of these situations, but as the business owner, you must do your best to comply with the law and protect yourself, as well as the future of the corporation.

If you are unsure about any of the requirements, consult the professional legal guidance of an experienced immigration attorney as corporate immigration audits are not to be taken lightly.

As anyone who has been through a divorce will tell you, the process is not a fun experience. It can certainly be a painful, often frustrating, situation, which you want to get through as quickly as possible. And depending on the nature of your divorce proceedings, it can potentially be an expensive process. Although uncontested divorces are usually done quickly and with minimal expense, traditional contested divorces can incur significant legal expenses along the way.

When filing for divorce, you might be tempted by the multitude of online resources offering free divorce documents. You might be thinking that this sounds like the quick and easy route, and that lawyers and attorneys only make the situation more complicated. By following this mentality, you will most likely find yourself in quite a legal mess.

Common Mistakes with DIY Free Forms

Courts face couples every day that have mistakenly decided to file for divorce on their own. These couples are often turned away without a divorce because the documents do not meet the assorted, and often times nebulous, state requirements. Unfortunately, just having two spouses who agree that they wish to obtain a divorce is not sufficient to finalize a divorce, and the court is not legally allowed to offer the couple any legal guidance when requirements are not met. So, often times the parties involved have wasted time and energy, as well as emotional energy in a futile attempt to obtain a divorce, and are left with no knowledge of how to proceed.

In other words, just because the forms are available online, and it is possible to file for divorce without the assistance of a lawyer, that doesn’t mean you should. There is information online that explains to people how dentists pull teeth, but that doesn’t mean that when you have an infected tooth that you will pull it at home, without the professional help of a dentist!

Lawyers Do What Forms Cannot

When you attempt to complete a task, and you are unfamiliar with the details, you do not know how to react when something goes wrong. This is when acting on your own becomes dangerous and is especially true with something as complicated as divorce.

Professional lawyers spend many years studying the law, including all of the terminology, the language, the processes, and the documents. A lawyer knows the best course of action to follow in order to expedite the process and protect your best interests along the way. If for any reason you do run into trouble in court, you then have a lawyer on your side that will know how to swiftly fix the problem.

Filing your divorce papers yourself is a great way to drag out the divorce process indefinitely and to be reminded that just because something is free doesn’t make it a good fit for you. By hiring a lawyer, or at least consulting with one first, you will be able to ensure that your filing will be completed correctly the very first time and you can move on with your life.

Most divorcing couples settle the details of their divorce out of court or in proceedings known as uncontested or “no fault” divorces. But no matter how amicable or contemptuous your spouse appears to be when the process begins, during divorce proceedings it is always a good idea to do your research and take your time when dividing property and debt. By having the right information, and knowing exactly what you want from the settlement, you can manage a less distressing divorce proceeding.

The first step to obtaining a less distressing divorce proceeding is to educate yourself about the process of getting a divorce. Each state has its own laws concerning dividing marital property, and you should be certain you understand exactly what property is marital property before deciding who should get what and what you are entitled to.

Dividing Assets

Generally speaking, the majority of states, including Maryland, consider any and all property acquired during the marriage to be marital property, regardless of whose name it is titled or registered under. The only exceptions to this rule are assets that were accrued before the marriage, inherited assets, or gifts.

The family home is frequently an asset that causes the most trouble during a divorce settlement, as it is often the most valuable. In many cases, neither spouse can reasonably afford to keep up the mortgage payments or other costs of the home with just one salary. In this situation, the court will generally require that the home be sold and the remaining money is divided between the two parties.

In other cases, and with the goal of keeping a more stable environment for children, the family home is kept within joint ownership of the couple, and each spouse continues to cover a certain portion of the expenses of the home for an extended period of time. When the house is eventually sold, the profits are then divided amongst the couple.

Assigning Debt Liability

During a divorce settlement, it is not only property and assets that are divided; the debts incurred by you and your spouse must also be divided. Remember, even if a credit card is in your spouse’s name, any debt accrued during the marriage belongs to each of you equally.

A divorce settlement can be drawn up stating that one spouse is responsible for paying off one debt, while the other spouse is responsible for another. Even though the debt has been assigned to your ex-spouse, if he or she stops making payments, your credit score may potentially still be affected. To ensure that the debts are taken care of, it is wise to have a duplicate statement sent to your address, or request immediate notification if any payments are missed or late. Proper debt management and maintenance is a major motivator to ensuring that divorce proceedings to not become overly contentious.

Remember, when dividing the property and the debt, you need to protect your future, and the future of your children. Even though you and your spouse are no longer a married couple, you will need to be able to communicate these issues and form a reasonable plan that will be fair and beneficial to each party. This is when research takes a back seat to the guidance of an experienced and qualified divorce attorney , who can relieve much of the stress of attempting to understand the laws as applied in Maryland, while simultaneously attempting to reach an agreement with your estranged spouse.

While the topic of immigration has been largely viewed as an issue reserved for the federal government, there are cities across the United States finding their own approach to dealing with immigration issues related to an increasing number of undocumented residents.

Instead of isolating and discriminating against these communities, cities such as New Haven, Connecticut and San Francisco, California are taking a new approach towards them with the implementation of a municipal ID program.

Municipal IDs 101

These programs allow a municipality, such as a city, to issue identification cards to residents, regardless of their United States citizenship status. The programs differ from city to city, but most require that the person provide a form of identification, such as a passport, and a document that will prove that he or she has been residing in the city for at least fifteen or thirty days. This documentation can be provided in the form a bill, pay stub, or any other document that would prove residency.

The identification cards are inexpensive and must be renewed periodically.

Pros and Cons of the ID card system

These municipal ID cards have proven to be a functional tool to allow undocumented individuals to more openly integrate into the community and contribute to the economy. The identification cards create opportunities for immigrants to open bank accounts, find housing, and use city programs such as hospitals and libraries.

Trouble and skepticism have risen around the cards because some people are worried about the safety of the immigrants using them. Anti-immigration groups have requested the names of all of the immigrants who have requested a municipal identification card, so that they can turn those names over to the federal immigration authorities, perhaps for deportation.

To date, the participating cities have refused to turn over this information to protect the immigrants’ rights to privacy and safety. Some cities, however, such as Dayton, Ohio, have created variations of their own municipal ID program and are requiring immigrant status checks to be performed on those who are suspected of serious crimes.

Opponents of the program argue that the existence of these programs is a violation of federal law as it creates a sanctuary for undocumented immigrants, and, furthermore, that the municipal identification program invites increased criminal activity to the areas in which it is practiced. The cities which have municipal identification cards maintain that the cards do not grant the immigrant legal residency or citizenship; and that the cards merely give immigrants a document that makes it easier for them to live and work in the community. They further suggest that the program does not compromise or interfere with the federal process for naturalization .

Additionally, the Mayor of New Haven, CT, John DeStefano Jr., announced in December that he hopes to ask state legislators to allow undocumented aliens to be granted the right to vote. Actions such as those by DeStafano fuel disputes in public debate about whether these municipal ID card systems will eventually lead to immigration changes on a larger scale.

Image Credit: http://www.hispanicallyspeakingnews.com/notitas-de-noticias/details/oakland-ca-to-issue-municipal-id-cards-to-all-immigrants/3179/

Tax consequences follow every decision made in a family, a fact which often comes to the forefront during divorce proceedings . Whether there is a divorce, annulment, separate maintenance agreement, or dissolution, taxes need to be considered in making informed choices.

Married couples in Maryland typically file joint tax returns. The husband and wife are responsible jointly and individually for payment of correct taxes on their taxable income. One spouse may contribute little or no income but will still be liable if the other spouse understates or makes an underpayment of the amount of income tax due.

Innocent Spouse Option

A spouse in Maryland can now elect to seek innocent spouse status if he or she meets all of the following five criteria:

• A joint return was made,
• There was an understatement of tax attributable to erroneous items of the individual’s spouse,
• In signing the return the individual did not know, and had no reason to know, that there was an understatement of tax,
• Taking into account all of the facts and circumstances it is inequitable to hold the individual liable for the deficiency in tax,
• The individual files an innocent spouse election with the IRS and elects to apply for relief no later than two years after the date of the Service’s first collection activity after July 22, 1998, with respect to the individual.

Separation of Liability Option

The tax code now has separate elective rules for taxpayers in Maryland who are no longer married, legally separated, or not living together. If a spouse qualifies for such an election, the divorced or separated spouse’s liability for any assessed deficiency cannot exceed the portion of such deficiency considered allocable to the individual spouse.

Relief from the other spouse’s liability is barred to the extent the electing tax payer had actual knowledge of the understated tax. A divorced or separated individual seeking separation of liability status with regard to a previously filed joint return must meet the following criteria:

• A joint return was made,
• At the time relief is elected the individual is no longer married to, is legally separated from, or has been living apart at all times for at least 12 months from his or her spouse or former spouse; or the spouse died.
• The individual elects to apply for relief no later than two years after the date of the Service’s first collection activity after July 22, 1998, with respect to the individual,
• The liability remains unpaid at the time relief is elected.

Neither the innocent spouse nor the separation of liability option authorizes relief from tax liabilities that were properly reported on the return but not paid. However, such relief is now available in Maryland as an “equitable relief” option.

To learn more about Maryland’s divorce laws and how they may affect your tax situation, please contact one of our family law attorneys today as these situations can become quite complicated and solutions should be customized for each individual.

People often forget that soldiers actually do have lives when they are not on the battlefield.  And as unfortunate as it sounds, many soldiers who return from active duty find themselves facing difficult situations at home, including the prospect of military divorce , which is more common than you might think.

Military divorce rates reached a record 12-year high in 2011, with one in every 27 married troops getting divorced this past year, according to a new report from the U.S. Defense Department.

The military divorce rate of 3.7 percent now stands slightly higher than national divorce rate of 3.5 percent and officials expect to see this number continue to rise as troops return home from service in Iraq and Afghanistan.

Interestingly, gender also played a significant role in rising military divorce rates, with women in the military demonstrating the most divorces overall. Close to one in 10 marriages of female service members, or roughly 10 percent, ended in divorce this past year.

Military Divorce Rates in America & Maryland

The overall divorce rate for military personnel during fiscal year 2008 was 3.4 percent, compared to 3.3 percent in 2007 and 2006. Further information includes:

• Army. Enlisted divorce rate was 3.9 percent. Officer divorce rate was 2.3 percent. Overall divorce rate was 3.5 percent.
• Air Force. Enlisted divorce rate was 4.1 percent. Officer divorce rate was 1.6 percent. Overall divorce rate was 3.5 percent.
• Navy. Enlisted divorce rate was 3 percent. Officer divorce rate was 1.5 percent. Overall divorce rate was 3 percent.
• Marine Corps. Enlisted divorce rate was 4.1 percent. Officer divorce rate was 1.6 percent. Overall divorce rate was 3.5 percent.

It should be noted that these figures reflect the United States in general. Maryland divorce rates have been consistently lower in previous years and these lower rates should be taken into consideration and in ratio to the above figures.

The Future Of The Military Family

Officials predict that military divorce rates will likely remain high as troops continue to return from the Middle East and reunite with families and spouses from whom they have been apart.

“As the wars in Iraq and Afghanistan draw down, we’re going to put more families together who haven’t been used to being together,” a spokesman for the Army Office of the Chief of Chaplains said.

An Army program called “Strong Bonds,” initiated by commanders and led by chaplains, helps soldiers and their families build stronger relationships to withstand the prolonged separation and stress of reuniting after combat. Strong Bonds has four parts: a general couples program, programs tailored for couples preparing for or returning from deployments, and programs for families and single soldiers in Maryland who wish to strengthen their martial bond, and family unit.

While praising the benefits these programs offer families, officials said they recognize that strong marital and family relationships make better soldiers. It also has an important impact on a soldier’s decision to re-enlist. The Chief of Chaplains said, “The Army recruits soldiers, but it retains families.”

Divorcing can be one of the most difficult times in a person’s life. The divorce procedure has been well documented as one of the highest known factors for incurring stress. This is because divorce combines a multitude of well known, high-stress situations, such as breaking up with a partner, re-location, major changes to the family structure, and new financial burdens.

We understand how difficult the divorce procedure can be and have devised a thorough checklist to ensure the last thing you have to worry about is whether you have forgotten something important.

If you are currently going through a divorce, feel free to grab a pen and paper and go through each item on this checklist to assess where you currently are in the process. Include any comments, ideas, and questions you might have.  If you feel that you have a lot you are unsure of or worried about, ask one our divorce attorneys about it.  You may be surprised at how much you have to learn, and how much easier the process can be if you have an ally and advocate on your side.

This list is by no means “all inclusive”, but it will give you a great start to understanding the requirements of your future divorce.  The good news is that no matter if you choose to pursue a traditional contested divorce, or a no-fault uncontested divorce, this checklist can help you get started with the process.

Custody and Access of Children

• Legal Custody. Will there be joint or sole legal custody?
• Routine Access Schedule: Where will the children be on a given day?
• Vacation Access Schedule: How many weeks of uninterrupted vacation time with the children?
• Holiday Access Schedule: Who will the children celebrate with in a given year?  What are they currently used to?
• School Breaks: Where will the children spend their vacation time?
• Telephone Contact: What will the rules concerning communication with the children by phone?
• Transportation: Who will transport the children for parenting time exchanges?
• Best Interest of the Child: With all of these factors, which is the best for the children, not necessarily you or your spouse?

Child Support, Income Tax and Other Child Expenses

• Basic Child Support: How much does it cost to support the children?  What do the Maryland Child Support Guidelines say the child support should be?
• Medical/Dental Child Support: Who will insure the children?
• Child Care Support: How much will each parent pay for daycare?
• Security for Support: Should one or both parents secure life insurance for the benefit of the children?
• Income Tax Exemptions: Who claims the children on their income taxes?
• Spousal Maintenance/Alimony: How much and for how long will one spouse need support before he or she can become self supporting?

Property, Pre-Separation Debts and More

• Medical Insurance: Will each party cover his or her own insurance?
• Marital Property: What is a fair and equitable way to value and divide marital property?
• Non-Marital Property: What is considered non-marital property?  Does the holder of a non-marital interest retain that interest without inquiry?
• Pre and Post Separation Debts: How is the marital debt divided?
• Fees and Costs: Will one party pay attorneys’ fees and court costs, or will each be responsible for his or her own fees and costs?
• Name Change: Does either spouse wish to change their name?
• Ongoing Conflicts: Will the parties agree to mediate?
• Documents: Do each agree to execute all paperwork necessary to transfer property interests?
• Non-Disclosure: Does the court retain the ability to re-open the case?