Blog Jay Leiderman Law

 

Hi and Welcome!

If you are reading this you may have an interest in writing a guest post on my site’s blog.  Thank you for your interest.  I try to keep the rules for submissions to my site simple and clear.  I do accept guest posts.

Here are the rules and guidelines for submitting a post for publication on my blog:

First, the material must be unique and written specifically for my blog.  I do have tools that I use to check.  The post should have a Meta Title, Meta Description and SEO Title.  These should be specified at the bottom of the your post submission and are for our eyes only.  If you do not know how to do this, please google it.  Your post must also include a picture or illustration that does not impinge upon copyright laws.  If you infringe upon copyright or licensing issues, the consequences rest upon your shoulders, not mine. [Note 1]  Creating a picture or illustration yourself really makes your post stand out.  If the post does not have these things the post may not rank, and the purpose of writing the post is significantly frustrated for both of us.  If you submit a picture for which you do not own the copyright, please make sure it is properly credited and authorized for your use.  Without a picture or two or three, your page will also not be as memorable as it could be.  Visualizations help the reader understand and remember the content.

Second, I allow for one link in your bio to your home page or whatever link you would like to support your efforts.  You can, of course, submit a short bio and a picture of yourself if you wish.  We need at three quality links in the body of the post that harmonize with the post.  A fourth link may go to another article on a related topic you have written. The links should be to authoritative or scholarly pages on the subject of your article.  Wikipedia is OK for one of the links, but not more.  If any of the posts are to advertising sites, most especially to gambling or sex sites, I will not use the post.  To be clear, I do not accept any posts, even if they are on topic, if they contain links to pornography, gambling, retail sales (especially Viagra!) and other such materials.  Google penalizes for such things, so it is in neither of our interests to have such links.  If that is your business, this blog is not for you.

Jay Leiderman

Jay Leiderman, drawn in Rick and Morty style.  Jay Leiderman owns the copyright to this drawing

Third, the content must coalesce with my blog themes.  I am a criminal defense lawyer.  I accept posts on all types of criminal law issues.  While I handle all types of cases, I have special concentrations on marijuana/cannabis/CBD issues and computer hacking/Internet issues. Topics upon which you write have to be closely related to crime, criminals, the judiciary, potential legislation or otherwise related to the defense of the accused.  Related topics include immigration law and issues, constitutional law and issues, immoral, but not necessarily criminal behavior, criminal gangs, notoriously nefarious individuals, posts about attorneys or judges (not defamatory),  expert witness issues, prison or the prison industrial complex, addiction or rehabilitation, mental health, law enforcement and more.

While I will occasionally accept civil law crossovers, the content must be such that it will aid a criminal defendant in some significant way.

Fourth, the spelling, grammar and syntax must be close to perfect.  I do not have time to edit posts for such things.  It feels terrible, but sometimes I have to reject posts because the writing is unprofessional.

Fifth, I will own the content of the post, but I will not be responsible for the information provided.  This gives me the ability to make substantive changes if there are corrections that must be made, or in the event the law changes. I have, as they say, “final cut.”  I do my best not to edit at all.  To avoid me needing to make any edits, the best thing to do is to make the article as SEO friendly as possible.  It is in both of our interests if the article receives a lot of hits.  So make sure that you read up on SEO and do what it takes to make sure the page ranks as high as possible.

Sixth, the disclaimer at the bottom of the page will be as follows (or close thereto):

If you want any content in a blockquote, please bold the sentence and let the editors know

This is a guest post by [__________]. This post has been edited for syntax and grammar.  The Law offices of Jay Leiderman is not responsible for the accuracy of the content herein or any opinions or ideas expressed herein.  This post is for entertainment and literary value and is not intended as legal advice.  This post does not establish an attorney-client relationship of any sort.  If you have legal questions about ideas presented herein please contact a lawyer knowledgeable in this field of practice.

Seventh, I expect that both you and I will support the post to drive readership. I will post the link to my Twitter, Facebook, Google+ and other social media.  Please do the same!

If you can abide by those rules, and if the content works for me, I am happy to accept and publish a post from you.

When you send me your post, please send a second email letting me know that you have sent me your post.  For some reason, as of late, posts have been going to my junk file.

Thanks for your interest in my blog.  Please contact me if you have questions.

 

Notes:

[1] Per the EFF: Section 230 [of the Communications Decency Act] says that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider” (47 U.S.C. § 230). In other words, online intermediaries that host or republish speech are protected against a range of laws that might otherwise be used to hold them legally responsible for what others say and do. The protected intermediaries include not only regular Internet Service Providers (ISPs), but also a range of “interactive computer service providers,” including basically any online service that publishes third-party content.  https://www.eff.org/issues/cda230

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Australian Gun Laws and a Comparison to the United States

Right now, gun control is about as ‘hot button’ a topic as they come. In the wake of the recent tragic events at Parkland High School, and with October’s atrocity in Nevada still in fresh memory, the question of reform to US gun laws is in hot political contention, and is a subject all Americans seem to hold their own impassioned opinions on. Australian gun laws surrounding firearm ownership and registration are stricter, and because Australia has comparatively low gun crime statistics, Australia is commonly referenced in these debates – used as something of an exemplary model for our approach to the matter. But what exactly are Australian gun policies? What does gun control look like under the Australian model? And can we feasibly expect a similar framework to be put effectively into place within the United States?

NRA, shotgun, bolt action, pump action, blue steel, drugs, alcohol, hunting, second amendment, weapon

Why Australia?

Ours is a model debaters often seem quick to reference. Primarily, it may be a constructive comparison to draw, as while the democratic models of our two countries of course differ in many ways, at a level of law making we both share the challenge of finding balance between state independence and call for federal law reform. The circumstances that led to change here also deem the Australian comparison relevant. Following a rather tumultuous period of violent, often gun-related, crimes and a high-profile mass shooting that shocked the nation, Australian laws were reformed rather dramatically and swiftly as part of a highly reactionary effort that had widespread national support. It’s difficult not to draw comparisons now, when similar horrific events occur in the United States, and the question of a need for similar government response in the US is raised.

 

Guns in Australia

In April 1996, a gunman, Martin Bryant, wielding a semi-automatic weapon, went on a shooting spree at a tourist attraction in Port Arthur, Tasmania. 35 people were killed in what would become the most notorious and deadly mass shooting incident in modern Australian history. Prior to the events at Port Arthur, semi-automatic weapons were legal in Tasmania.

a shooting spree at a tourist attraction in Port Arthur, Tasmania

As a result of the incident, then-Prime Minister John Howard called for reform of Australian gun policies at a national level, introducing a new set of gun control legislation that was agreed upon and accepted by all six states in less than two weeks.

The changes were comprehensive and included the nationwide banning on the importation and private ownership of all semi-automatic firearms. A governmental buy-back scheme was implemented for these now illegal rifles and shotguns which resulted in the return and destruction of over 700,000 weapons. This key change would effectively make it illegal in Australia to own and use firearms with the capacity to shoot many people in a short space of time.

Other changes that would perhaps most significantly shape the future of guns in Australia surrounded firearms registration. With the national implementation of the Firearms Act of 1996, gun ownership became highly regulated nationally. Gun licensing was introduced, making it essential to undergo thorough background checks, including gun storage checks prior to being legally able to own a firearm of any kind. All guns owned in Australia must now be legally registered in the name of the licensed owner, and prospective licence holders must present a ‘justifiable reason’ for owning a gun (such as hunting or sport) for approval as part of an application. Legislation also includes a 28-day waiting period before a gun licence can be issued.

gun control legislation

So what does this look like in reality? Australia is a country with a long history of gun ownership for sport and recreational hunting, which continues today. Private citizens can legally access firearms for a variety of reasons, and guns are freely available to Australians with clean records who follow licencing procedures. Misconceptions may lead to the belief that gun ownership is virtually impossible in our country – but this is far from the case.

Our system is not perfect in that gun crime and the misuse of firearms does occur. Significantly, however, the prevalence of gun crime involving shootings and deaths is far lower in Australia than the United States. We do have regulations in place, which, to a large extent, stop guns from falling into the wrong hands; and we have a register containing information about who owns which guns and where they reside.

In short, Australian firearm registration laws ensure all firearms sold in Australia can be traced back to their owners.  In my view, the application of the same or similar registration requirements would make a resoundingly positive difference to the safety of citizens of the United States. However, I also recognise the changes which were made in Australia were able to be implemented more readily, as Second Amendment considerations were simply not part of the equation.  One thing is clear though: since these laws came into effect, Australia has not seen a shooting close to the scale of the horror at Port Arthur. In fact, by the United States’ definition of the act of mass shooting, we have not seen any ‘mass shooting’ events take place since.

Gun crime does still occur in Australia, but the overall impact of the change to our gun laws has been a steady decline in gun-related deaths, since the laws came into effect.  And while introduced in response to a mass shooting event, the tightening of gun ownership laws has also had positive impact on homicide and suicide statistics where guns are involved. Comparing year-on-year, 1996 saw 516 gun-related deaths, while 2016 saw 238.*

An Aussie solution to a US problem?

While it’s an easy comparison to draw, it’s difficult to say whether elements of the Australian model could be realistically implemented in the US. Whilst our culture for hunting and large farming industries call for a large population of gun-owning citizens, Australia doesn’t have gun ownership as a fundamental right written into our constitution the way the US does. And public opinion is also a significant factor in the matter. Following the events of 1996, national polls suggested over 90% of Australian citizens supported the tightening of gun control to some degree, and the support of all state governments was behind the ultimate federal decision.  The present position in the US is vastly different and given the divisions that exist across the United States, such swift and extreme government response is unlikely to happen.  However, with a reported 45 mass shooting events Stateside in the first two-and-a-half months of 2018, to me it seems undeniable there is an urgent need to change US gun laws.

 

Robert Stary is the Principal of Stary Norton Halphen, one of Victoria’s most prominent criminal law firms, and has over 30 years’ experience as a criminal defence lawyer.

 

Stary

The Law Offices of Jay Leiderman is not responsible for the content of this post.  This post does not establish an attorney-client relationship.  This is a guest post written by Australian lawyer Robert Stary.  It was edited only for grammar and syntax by  Attorney Jay Leiderman.  None of the legal information has been verified.  For legal advice on this or any area of law, consult an attorney in your area.

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With new laws emerging in many states, the Cannabis Industry has many areas to watch.  Here are 6 that we think are you should keep your eye on.

The market for legal weed is heating up in a big way!

The legal cannabis industry generated nearly $7 billion in revenue in 2016, and analysts expect the figure will more than double by 2020, despite continued federal prohibition.  This exploding growth is what makes cannabis industry a hotbed of innovation.

Industry leaders are trying to tap into the growing economic potential of the market, by keeping the cannabis space on the cutting edge as companies encourage new developments in every segment- production, consumption and more.

Cannabis Industry

Marijuana has stepped out the the shadows into big business.

Here are six exciting areas to watch for cannabis industry development in 2018:

 

1.     Data & Point Of Sale (“POS”) Software

Medical marijuana is one of the most highly regulated industries in the world and this opens up huge opportunities for software startups and offerings in the cannabis industry.

Software companies have realized the need of the cannabis industry for specialized POS software and other business applications to stay compliant and control costs.

Data scientists have also realized how big data is becoming an indispensable tool to help medical marijuana grow across the globe. These companies aim to take the volumes of sales data and transform it into user-friendly information so that canna-business people can make better-informed decisions.

 

  1. Banking

The federal banking restrictions limit the ability of the cannabis industry to access even basic banking services. In fact, big banks don’t handle any cannabis-related money due to FDIC regulations.  Congress keeps stalling, as necessary legislation fails to get enacted each year.  Tus, most of the industry’s business – including retail sales in dispensaries, taxes, and payroll is conducted using cash.

Cannabis Industry

People involved in the Cannabis Industry need to bank, but the politicians will not enact legislation

But, the industry isn’t waiting on Feds to ease their banking woes. They have come up with cannabis cryptocurrencies and virtual wallets as an alternative to cash for cannabis businesses and customers. Some dispensaries are also using BitCoin, where a customer can buy Bitcoin and redeem it in the store.

 

3.     Advertising and Marketing

As the marijuana industry continues to grow, the conflicting federal-state marijuana laws are causing marketing problems for everyone within the industry. Even in the world’s largest cannabis market ― California, the law is smoky.

The current status of cannabis still in flux makes it difficult for many marijuana startups to navigate the tangle of advertising restrictions that state legislators have placed on new entrants.

Sometimes even the social networking sites- Facebook and Instagram accounts of the cannabis related businesses are shut down for violating what they purport to be the community standards as delineated in their terms of service.

Now marketing companies are focused on re-branding the cannabis industry, stepping away from the classic pot leaf logo in favor of sleek, minimalist design-  demonstrating the industry’s futuristic vision.

4.     Consumer goods

Popular culture is embracing cannabis legalization and as the plant move towards fragile but lucrative legal status, it is attracting curious first-time users interested in edibles but not bong rips and smoking doobies.

In fact, edibles and other alternative ingestion methods were proudly displayed at Marijuana Business Conference and Expo.

Entrepreneurs have realized that there’s a strong rationale underlying cannabis as a healthy lifestyle and wellness product. Also, veterans anticipate cannabis-based beauty products as one of the new cannabis trend.

The new customers are driving innovation in the cannabis industry. In the near future, there would be a kind of gentrification of cannabis and probably a cannabis edible version of everything that you can imagine would be available in the market.

 

5.      Biotechnology-

Within this buoyant legal cannabis market is a sub-sector which is flourishing with opportunity, innovation, and deep roots of medical possibilities.

Many drug discovery and development companies uniquely focused on the therapeutic potential of cannabinoids are aggressively trying to explore this uncharted territory of the plant’s curative compounds and applications.

Fueled by an increasing volume of supportive research, cannabis-based biotech companies would play a pivotal role in the advances in genetic and intellectual property of the cannabis plants.

In 2018, biotech companies will try to define their product and make it more predictable and consistent. Also, the research companies will come up with successful trials that could inspire FDA to review their policies on cannabis.

 

part-time_cannabusiness_workers

  1. Ancillary industries

There are countless marijuana- based startups and businesses forming every day. But, industries outside the cannabis space are also taking notice of the boundless opportunities in the booming industry and jumping on the profitable bandwagon.

All kinds of ancillary businesses that never actually touch the plant are entering the cannabis industry- from hydroponics and cultivation products to consultancies, media companies, the plethora of new technologies.

The blossoming ancillary industries have allowed the industry to broaden and establish a level of legitimacy.

Cannabis enthusiasts and business owners will continue to work towards the advancement and innovation related to cannabis in any way possible in 2018.

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This is a guest post by Kathy T. Cooley. This post has been edited for syntax and grammar.  The Law offices of Jay Leiderman is not responsible for the accuracy of the content herein or any opinions or ideas expressed herein.  This post is for entertainment and literary value and is not intended as legal advice.  If you have legal questions about ideas presented herein please contact a lawyer knowledgeable in this field of practice.

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Getting Domestic Violence Charges Dropped (aka Dismissed)

Domestic violence charges are serious and charges can be legitimate or illegitimate.   These charges can be a stain on your record — getting domestic violence charges dropped is crucial and one must try to do so, if possible.  While there is no legitimate argument to support the attack on a loved one, not everything is always black and white. When provoked, people often do stupid things but sometimes, a completely innocent person can wind up being prosecuted for a crime they didn’t commit. In a heat of an argument, you can accidentally scratch the wrist of your spouse with your nail and, if they feel like it, this could be enough for the authorities to legally prosecute you. In order to avoid this from ever becoming a serious legal issue, you need to inquire about when and how these charges can get dropped.

getting domestic violence charges dropped is crucial and one must try to do so, if possible

Domestic abuse takes many forms, including verbal abuse

1.      Is there a police intervention?

In some states, it is customary for a domestic violence complaint to be handled with the arbitration of the police. In some cases, the complaint is filed by one of the neighbors, without the knowledge of the inhabitants of the troubled household. Therefore, police officers arrive at the premises and, in most cases, they are the ones to remove the ‘seemingly more aggressive party’.

Keep in mind, that, in this scenario, officers may be summoned to testify in the court of law. So, if, by any chance, you were the victim of the assault prior to their arrival, yet, upon their entry to the house, you appeared to be a more aggressive party, they are likely to testify against you. In other words, your manner of conduct in this situation is pivotal, seeing as how their testimony will be all that the district attorney needs in order to file the charges against you as the aggressor.

 

2.      Victim and witness are not one and the same thing

The problem with wanting your domestic violence charge to be dismissed lies in admitting that you were at fault. You see, before there is a conviction, there’s no such thing as the victim and the other party (the one accusing you) will be treated as the complaining witness or complainant. While this piece of information may currently seem trivial, proper wording and use of legal terminology may sometimes make all the difference.

In a situation where you know you were in the wrong and want to remedy the situation, you might agree to meet with the victim and witness coordinator and try to make things right. Together, the victim (now that you’ve admitted to your wrongdoing) and the witness coordinator will be able to persuade the DA to drop the charges, however, you will have to make some amends. Most commonly, this comes down to the counseling therapy (provided you still decide to stay together), as well as a couple of individual anger management treatments (for you) and victim awareness classes (for the injured party).

3.      Victim cooperation is not necessary

Seeing as how some victims decide to be uncooperative out of the fear of the consequences, their cooperation in the testimony is no longer vital to the prosecution. This is perhaps the main thing you need to keep in mind. The complaining witness (the victim), does not have the authority to have the charges dropped. Therefore, not only will pressure or persuasion attempts on them not make any difference but they could even make you look even guiltier than you really are.

What is important, however, is that the lack of evidence usually ends in the dismissal of the case, even in a situation where the complaining witness does decide to cooperate. In other words, this is the main reason why most people who are innocently accused don’t come to bear consequences in the end. On the other hand, circumstances may sometimes be extremely odd and some of the more deranged complaining witnesses were known to display self-incurred wounds and bruises in front of the DA. Either way, not even this is something you can cling on with 100 percent surety.

getting domestic violence charges dropped

Domestic abuse is common

4.      Don’t try to wing it

Finally, some people are so convinced that their innocence is an impenetrable armor that they simply try to ‘wing it’ and avoid charges on their own. According to experts behind Withstand Lawyers, you need on your side a legal team that is experienced in both family, criminal and compensation law in order to get the best possible outcome.

Next, you need to be 100 per cent honest with your lawyer or legal team and tell them exactly the way in which things happened, so that they can tell you the best- and the worst-case scenario that you are facing. Based on this, you will have a couple of important decisions to make; decisions whose repercussions will stay with you for years to come. From here, it either goes to the outright dismissal of charges, settlement or the dropping or redutcion of some charges. So, innocent or not, you need to contact your lawyer as soon as possible.  Again, getting domestic violence charges dropped is crucial and one must try to do so, if possible.

In conclusion

At the end of the day, not all is about the fear of a prison sentence of a financial penalty. There’s simply no reason to allow a smudge on your good name if you can prevent it. Years later, you don’t want to be an abusive parent in the eyes of your child who’s currently too young to remember the real version. The truth is that no matter how right you are, this might not matter unless you are ready and able to defend yourself by legal means. For this, however, you need to possess the knowledge that will help you take an appropriate legal action. After all, proving innocence is even your ethical obligation as a citizen who wants to see the justice served.

 

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This is a guest post by Ronald Wolf. This post has been edited for syntax and grammar.  The Law offices of Jay Leiderman is not responsible for the accuracy of the content herein or any opinions or ideas expressed herein.  This post is for entertainment and literary value and is not intended as legal advice.  If you have legal questions about ideas presented herein please contact a lawyer knowledgeable in this field of practice.

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Sexism in the Workplace: #MeToo’s time has come, so how to we make a more respectful and equal working environment?

 

Sexism in the workplace

#MeToo is a movement that is overdue. But how do we get from #MeToo to what’s next?

Photo courtesy of Pixabay by Pexels

Although most governments have enacted laws prohibiting sexual harassment in the workplace, sexism is still alive and well today. Even in 2017, many people are being sexually harassed or even assaulted in the workplace. And there are many, many women in this world who have dealt with sexism on the job.  Sexism is a type if discrimination and should not be tolerated.

Here are some tips for how to make it through this painful situation if it is happening to you or a loved one:

 

Shut. It. Down.
Don’t settle for a workplace that allows harassment and sexism to continue. If it is safe for you to do so, confront the offender. Ask them why they treated you the way they did. Report the behavior to your boss or to the Human Resources Department. If a crime has been committed, like sexual battery, call the police.  It isn’t the 1950’s anymore.  If someone at work pinches your “ass,” they may have committed a crime and may be subject to arrest and prosecution.

At very least, call the person out. Confront them.  Just be ready to protect yourself in the event that the person decides to retaliate against you for bringing their bad behavior to light. (Read on for some tips on how to handle retaliation.)

We live in a society where our disgusting president, the criminal in chief,  would like nothing more than to shove a tic tac up every woman’s “pussy.”  Though this came to light before the 2016 Presidential Election, America nonetheless deemed this man fit for the Oval Office instead of prison.  It is time to take back our collective and individual dignity.  Just because America and Republicans – even so-called “evangelicals” or the “Religious Right” supported that disgusting pig doesn’t mean that his grubby hands are the law of our land.  This stops now.

Prepare for retaliation.
It’s difficult enough being the victim of sexual harassment – or witnessing sexism happen to someone else. I so deeply wish that I could tell you we live in a world where you could do the right thing and not suffer any consequences. Unfortunately, that is not the world we live in.

The sad truth is: there is a very real possibility that, when you report the sexual harassment or sexism you’ve experienced, that the person who is responsible for treating you that way will not appreciate you calling them out. They may or may not have a change of heart and try to act better next time. Sometimes, this just fuels their fire and causes the bad behaviors to escalate.

So what can you do? Be prepared for the worst case scenario before you report anything. Know how you plan on responding if the person does indeed retaliate (because they just might). Have a strong support system in place (hopefully, you have supportive people in your life anyway).  Try to consult with a lawyer beforehand.  An attorney versed in sexual harassment and workplace discrimination law could help a lot.  Hostile workplace claims may lie after incidents of sexual harassment.  A settlement involving money can’t repair your dignity, but it can send a strong message that this behavior will not be tolerated.

It also helps to know the local laws in your area. Chances are, there are laws prohibiting your employer from firing you or retaliating against you for reporting a case of sexual harassment. Know your legal rights and be prepared to advocate for yourself if those rights are violated.

Report it to HR.
Rather than trying to handle everything on your own, know who you can turn to for help. Human resources staff members are literally trained to deal with this type of situation. That’s what they’re there to do. Allow them to do their job, and you can take a deep breath and know you did the right thing by getting them involved.

I wish we lived in a world without sexism, sexual assault, sexual harassment, mansplaining, or a whole list of other issues we women have to deal with on a regular basis. Unfortunately, that is not the world we live in; this one is. In this world, we will occasionally be faced with very difficult situations.

Hopefully, you don’t ever have to deal with sexism or sexual harassment in the workplace. If you ever do, though, I hope this article offers you some guidance during a difficult time.

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This is a guest post by Constance Ray. This post has been edited for syntax and grammar.  The Law offices of Jay Leiderman is not responsible for the accuracy of the content herein or any opinions or ideas expressed herein.  This post is for entertainment and literary value and is not intended as legal advice.  If you have legal questions about ideas presented herein please contact a lawyer knowledgeable in this field of practice.

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