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Rene Lima-Marin Pardoned But Still Remains In ICE Custody In Colorado

Although he was pardoned by Colorado’s Governor John Hickenlooper last week, Rene Lima-Marin is still not a free man. A man convicted of armed robbery won the favor of immigrant politicians and groups by changing his life around once he was released from prison in error.  Hickenlooper called the case, an extraordinary one and one that deserved special circumstances.

immigration law

Lima-Marin committed some very serious criminal offenses when he was younger, and the governor pardoned him because he believes that Lima-Marin has shown that he deserves a second chance. Hickenlooper maintains that Lima-Marin has already served his time and been punished adequately for his crimes; the prison system apparently did its job in rehabilitating him and returning him to prison would not show justice to the public or to Lima-Marin.

Even though the pardon has been made, Lima-Marin has not been released from prison. Because he is an immigrant, ICE agents — the Immigration and Customs Enforcement — quickly took him in their custody a couple of days following the pardon and stated that they have jurisdiction over him, regardless of the pardon.

Lima-Marin’s immigration lawyer is hoping to change the situation. Insisting that the fight is not over, attorney Hans Meyer believes that he can work to stop Lima-Marin’s deportation and get him reunited once again with his family. The hope is that ICE will work with Meyer to reach an agreement to reconsider his case and to restore the permanent status that he had. Instead of being deported, it is possible that he could end up with an order of supervision, which would require that he report to the ICE on a regular basis but could remain on American soil.

Lima-Marin is married and has two kids. He immigrated to the US as a one-year-old and was part of the Mariel boatlift. In 1998, he was convicted of armed robbery in two video stores. In 2008, he was released by mistake due to an error in his paperwork. The documents said that he was to serve the time concurrently, when he was actually supposed to serve it consecutively. He would not have been caught if he had not been rearrested in 2014 when authorities realized they had made a mistake.

In the six years that he was out of prison, he got his life together. He got a job, found a woman to settle down with, began a family, and saved enough money to buy his first home. He was one of the few criminal offenders released from prison who turned his life around and vowed to make something of himself. Even with a criminal record, he worked his way up the ladder and was a productive member of society. That is unusual in today’s penal society where recidivism is not an exception, but often the norm.

In a 165-page report decision that was issued last week, the judge who released him from prison was compelled to allow Lima-Marin to go free without serving out the rest of his sentence. The judge and Colorado immigration attorney argued that the ultimate goal of rehabilitating people is why the prison system exists. It was created so that a prisoner can be returned to society. What Lima-Marin proved was that he had been rehabilitated. If it were not discovered that a mistake had been made in his paperwork, he would still be living as an asset to the community and his family.

Although it was a serious crime, during his robbery spree no one was physically injured, and the sentencing was a bit harsh for such a young offender.

If there has ever been a case for redemption and a second chance, Mr. Lima-Marin is it. Given a second opportunity to make it right, he quickly went to work after his erroneous release to turn his life around, and he should be rewarded for it — not punished. Although being a convicted criminal offender means that he should legally be deported, in this instance that doesn’t seem like an equitable way to deal with a success story.

Although he was pardoned by the governor, the issue of whether Lima-Marin can stay in America and reunite with his family rests in ICE’s hands. However, if they want to teach those who are in the penal system a lesson, punishing someone who has turned their life around and done the right thing is probably not the way to do it.

Factors to Consider Before Implementing PPC Management for Attorneys

The law industry is one of the most complex, maybe due to the nature of work involved. That notwithstanding, clients are always looking for competent and professional attorneys to handle various aspects of their legal proceedings or even for advice. And when prospective customers are shopping for the best lawyers in town, one of the first things they do is visit a search engine. This means that there is a lot of online traffic looking for legal services.

The best law firms have appreciated the value SEO in converting digital searchers into probable legal customers. One of the best strategies that any law firm could adopt is PPC management for lawyers. Pay per click campaigns can be so effective in internet marketing, if only they are done right.

Be that as it may, the process of creating and optimizing PPC campaigns is painstaking and overwhelming. It calls for intensive and extensive research on the marketer. A quality PPC campaign must always begin researching and analyzing keywords. It is recommended that clients ask their digital marketing service providers about the tools they are going to use for advanced keyword generation and competitive analysis.

If you have made up your mind that PPC management for lawyers is one of the online marketing tools your website requires, it is best that you get things right from the start. For instance, you need to understand that keywords associated with lawyers and attorneys are among the most costly on Google AdWords. If you are going to pay for these keywords, it is critical to make sure that the keywords will provide desired results.

As a golden rule for implementing a pay per click campaign, customers must first consider their budget alongside the projected returns on investment. This is because when it comes to PPC management for lawyers, one has to pay in order to get the desired results. Research has shown for instance, that some keyword terms such as ‘criminal defense attorney’ can cost at least $30,000 per month.

Being evident that PPC campaigns are highly competitive and expensive, you may first want to determine whether pay per click is the best marketing strategy for your law firm. Be sure that PPC is making sense from your business perspective. Take for example that you are working on a daily budget of one thousand dollars. If the average cost of every click is $50, it means only getting 20 clicks. This may not give you your projected ROI.

In essence, while PPC is one of the most effective digital marketing strategies, it is recommended to consider business strategy, objectives and budget before making your final choice.

What Are The Legalities Behind “Stand Your Ground” And Why Don’t They Apply To Everyone Equally?

The NRA is quite possibly one of the most controversial organizations in America. An organization built around the Second Amendment’s right to bear arms, their work has both  staunch supporters and vehement opponents. As the video incidents are increasing of young African-Americans being shot in their cars while running away, and the alleged “hands up, don’t shoot” incident, the races are on edge regarding firearms, and legislators are trying to curb gun violence with very little effect.

criminal defense attorney in Boston

The latest incident with Philando Castile has the NRA in the line of fire. When Castile was pulled over while driving with his fiancé and her young daughter, he alerted the police that he had a gun in his glove compartment. And he also told officers that he had a permit to carry the gun. But when he went to the glove compartment to retrieve his wallet, as he was instructed to do, the officer said he panicked, and Castile was fatally shot in front of his family members. Immediately following the confrontation, his fiancé uploaded the video to Facebook to expose the truth.

The police officer in the tape maintains that he told Castile not to reach for his gun and that Castile did anyway, while the fiancé screamed in the background of the video that he was getting his wallet as he was instructed to. If this were an isolated incident then it might not be so controversial, but there are a long list of black gun owners who have been shot by police due to a misunderstanding of permitted guns, even when the officer is told about the gun first thing.

A criminal defense attorney in Boston can confirm the laws across the nation allow Americans to carry weapons in public as long as they have a permit, but the law doesn’t see to be working the same way for white gun carriers as it is for African-Americans. Clarence Daniels, a man who had a permit to carry a weapon, was tackled in Walmart by a bystander who saw his holstered gun and decided to take matters into his own hands. Alton Sterling, another African-American with a permit to carry, was shot dead by police officers in Louisiana while being pinned to the pavement because he had a gun in his pocket and the officers misread it as a threat to their life.

Mark Hughes, who openly carried his rifle legally, went to a Black Lives Matter protest for Castile. Police enforcement tweeted out a photo of him holding his legal rifle, and he has  become the target for hostile interrogation — even after he relinquished his legal firearm. Before 1990, only fourteen states allowed you to carry handguns in public.

However, due to lobbying by the NRA, all 50 states now allow concealed carry permits. Although the argument was that people should be allowed to protect themselves, for the African-American community, this seems to be working in the reverse, especially when they are out in public.

The constitutional right to carry allows people to have a permit to carry a firearm as long as they have “training.” But that training can be minimal depending on where you live, and this means millions of Americans are packing heat they don’t know how to use correctly, and they might be unwittingly putting themselves in more harm as opposed to having a way to protect themselves.

The right to self-defense has ramped up around the US. Laws across the nation allow people to use lethal self-defense whenever they feel threatened — but that can be a pretty broad spectrum of circumstances.

Currently, something called SC128 is in the works in the Florida legislature, and it would make the Stand your Ground law look like child’s play. The bill would shift the burden of proof so that prosecutors would have to disprove that the defendant felt threatened to even be able to take the case to trial. Right now, the defendant has to present evidence at the pretrial phase that convinces the judge that self-defense was a legitimate excuse.

Many worry that the Trump Administration that is more in tune with the NRA — as opposed to the Obama Administration, which was in constant opposition to it — will create a more violent society and increase the cases of people literally getting away with murder. Americans are guaranteed the right to bear arms according to the Second Amendment, but that doesn’t mean they should use guns whenever they feel threatened in any way — that has become a recipe for disaster.

Injuries And Maritime Law Basics

In maritime law, there are two types of workers. The first are those who qualify as “seamen.” The second worker that is classified by maritime law is anyone else who works on or near the water. The type of compensation for injuries available to people who work on the sea is dependent upon which group they belong in. When you are injured at sea, there are very specific rules about how the injuries are covered and which ones are eligible for compensation according to maritime laws.

Injuries And Maritime Law Basics

The definition of a “seaman”

One of the key classifications for a maritime lawyer is, who is considered a “seaman” versus who is not. A “seaman” is classified as anyone who spends a significant portion of their time working as either a crew person or a captain on a ship, boat, or any other type of vessel that is in motion or in navigation. For a vessel to be considered “in navigation” it must be:

  • Operating
  • Afloat
  • On water
  • Capable of moving on water

It doesn’t have to necessarily be in motion; it just has to have the potential to be on the water in order for a person working on it to be considered a “seaman.” A vessel can be docked and still be “in navigation,” but it can’t be offshore or off the water.

What type of compensation are you entitled to as a seaman?

Workers’ compensation excludes seaman under both state and federal laws. As they are in a classification all their own, sea workers have a different type of compensation coverage, and their injuries are both classified and covered under different federal law mandates. Unlike employees beholden to workers’ compensation benefits, seamen have the right to sue their employer for personal injury or negligence under the federal law known as the Jones Act.

Another difference between seamen and employees in other industries is that the seaman can sue the ship or boat owner for any injuries that they receive while at sea or working in the capacity of a seaman under maritime law.

Finally, seamen have the additional benefit of receiving compensation for “maintenance and cure,” which isn’t contingent upon fault or negligence on behalf of the vessel owner. Regardless of who was at fault, they are entitled to have their damages compensated.

What is negligence according to the Jones Act?

The Jones Act trumps workers’ compensation when it comes to seamen. A seaman is eligible to sue their employer if the negligence of their employer leads to injury. Under the Jones Act, the employer has an obligation to:

  • Use ordinary care to maintain the sea vessel to ensure that the seamen who work on it are reasonably cared for and to prevent injury
  • Provide their employees a safe working environment

There are strict rules in place regarding the vessel’s safety. The Jones Act is very liberal regarding negligence. Many things can be considered negligence, due to the low burden of proof that is necessary when suing an employer for fault on a vessel.

Under the Jones Act, the proof typically lies on the vessel owner to prove that there wasn’t a negligent act, rather than the onus being on the plaintiff to prove that there was. It’s a completely different standard from other personal injury cases, because the favor is on the seaman in most instances.

What are maintenance and cure?

A very old and traditional component to maritime law is that the employer is obligated to provide financial care for any employee who is injured, regardless of who is at fault for the injury. “Maintenance” is an obligation that means the owner has to provide the employee with a place to live while they are recovering from an injury.

It also includes expenses paid for the injured person such as property taxes, mortgage payments, homeowner’s insurance and food. Things that aren’t included are extras like internet and television.

“Cure” means the injured seaman’s medical bills are the obligation of the vessel owner. The owner must pay for the employee until such time that the employee can maintain their own care and expenses, and the time period for this can be limitless.

Maritime law was created in the 1920s to protect those who worked at sea. Preempting workers’ compensation, those who work at sea are covered in different and sometimes much more beneficial ways, including not having to prove fault and having the ability to sue one’s employer.

An Explanation Of The Death On High Seas Act

DOHSA is an acronym for Death on the High Seas Act. It was put into law by the US government back in 1920. In response to the high rate of death among marine men, it was a compensation package that took care of the many families who were left behind. Awarded to those sailors who died during active duty, it was used to provide welfare for those families left behind by men who were guarding the American waterways.

High Seas Act

Throughout the years, more amendments were added. Once just focused on the monetary loss due to a seafarer’s death and fallout for their family, many things have been added. One of the most important additions made just two short decades ago is those who lose their lives on aircraft, and any resulting injuries or accidents and damages.

Other amendments made to the Death on High Seas Act allows members of the family and relatives of those who die on the seas to claim trauma and mental illness that can result from grief. It is up to the company who employs the seaman to determine the extent of damages and how much to award the family. Typically, it is based on the seaman’s income before they were killed. But it is a complex mix of factors and calculations. The law only applies to someone who is injured in US territorial waters.

  The logistics of the Maritime Law

The maritime law states that any death that occurs on the high seas (which is less than three miles from the American shoreline) is encompassed in this act. The only stipulation is that to be eligible, there has to be evidence that the shipping company was responsible for the death through unlawful acts or negligence. If there is no negligence or unlawful acts found, then the person cannot be compensated under the High Seas Act.

The only time injuries fall under the Death on the High Seas Act is when the injuries sustained are caused through negligence and that the person dies while the settlement is still in court. If, while you are filing for compensation, the seaman dies, then it would fall under the High Seas Act.

The conditions are:

  • The suit must be filed within the allotted time limit. Each state has a different timeline, so it is imperative to know the limits of the state where you live. The date is anywhere from one to three years after the death.
  • Only immediate relatives can make a claim under the Death on the High Seas Act. Relatives included in the immediate family are offspring, spouses, other family members who have survived the victim, or the parents of the victim.
  • There is a court-appointed nominee who is designated to oversee the suit filed by the family members. They are the only ones who are allowed to file the suit legally.

Things that the Death on the High Seas Act will cover:

  • Funeral expenses
  • Counseling for the remaining survivors
  • Other financial costs related to the death
  • Loss of the calculated expected financial income

DOHSA and decedent’s contributory negligence

Maritime personal injury cases are similar in that those lawsuits that filed under the DOHSA have a three-year statute of limitations. The reason is that the cases are often complex and require extensive documentation and investigation. Also, sometimes establishing fault is a very difficult thing to do. There needs to be clear negligence on the part of the shipowner to make them at fault for the death.

If the deceased individual in some way contributed to their demise, then the DOHSA rules do not rule out assistance to the family, but it may be a factor when compensation is being calculated. Therefore, the amount awarded to the family might be diminished if it is found that there is contributory negligence on the part of the deceased person.

There was a time when a huge segment of the population worked on the High Seas. When there was a death at sea, it put a huge financial burden on the surviving family members. Originally drafted in 1920, the Death of the High Seas Act has been through many revisions. But it is still in operation and available for those families who have lost a loved one due to a maritime accident.