Tuesday, March 13, 2012

When Unauthorized Absence Or AWOL May Not Be a Crime According to Military Law

There are times when unforeseen circumstances can prohibit a military member from returning to duty after a stint of authorized leave. Here are a few situations where a member would probably not be found guilty of unauthorized absence:

Physically disabled: If a circumstance arose where a member was advised to remain in bed for health reasons, which meant he was unable to return to duty, then most probably he would be found to be physically incapacitated. If, on the other hand, the cause of illness was found to be self-induced, so that the member didn't have to return, then it could be a whole different story.

There was case law where a member went AWOL to obtain dental treatment through civilian means. The reason the member did this was because there had been a difference of opinion concerning the required medical treatment, and the member went untreated. This was not accepted as a defense for physical incapacity.

Transportation misfortunes: There may be unfortunate circumstances that prevent a member from returning to duty, but the circumstances are very rigid. It has to be a pretty good excuse to get one off the hook in this circumstance.

For example, a member was returning to duty from a weekend pass when his car broke down. The member decided to stay with the car while it was being repaired. As a result it put him in an unauthorized absence position. He was not able to use the defense of "no fault," and was found to have stayed with his vehicle for his own convenience.

Acts of God: To the surprise of many, this is often not an acceptable defense. For example, if there were some type of warning that a storm, earthquake, or some other natural disaster were pending for the near future and the member had the opportunity to return to duty before disaster struck, they could be found guilty of the offence of unauthorized leave if they were then delayed due to the event.

Unauthorized leave due to civilian confinement: This is a very complex area of the law pertaining to a member who is confined and therefore unable to return to duty. The outcome would be based on the circumstances of the civilian findings.

These are just a few basic examples that make the point that nothing should ever be taken for granted when it comes to military law. Obtain legal advice as quickly as possible in the face of any charges, no matter how small they seem.

What Are My Rights When a Police Officer Wants to Search My Vehicle

To answer this question and a series of others that I will address over the coming days, let's begin with a quote of the United States Constitution - 4th Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Now, that language is quite heavy and is definitely not written in the plain language with which each of us speaks on a daily basis, so let me rephrase it in a way that is more readable and understandable:

An individual, his or her house, documentation, and personal property shall not be searched through or possessed for an unreasonable purpose (by the Government). Further, a warrant is required and may only be issued if probable cause that is supported by someone swearing to the truthfulness of his or her statement is presented to a Judge, and the sworn statement must specifically describe the place to be searched and the person or things to be taken.

So, to address this question, I use my experience as a former police officer and a Criminal Defense Attorney. Let me begin by describing a scenario that each of us witnesses on an almost daily basis. You are driving down the highway and see a car pulled onto the shoulder of a roadway and behind it is a black and white car with flashing red and blue lights. An officer is standing at the window of the vehicle, talking with the Driver, who is the only occupant. The officer tells the Driver that he wants to search the vehicle. What happens from here?

The general rule: An officer may stop and automobile if an officer possesses a reasonable and articulable suspicion that the motorist has violated a traffic law. Once the vehicle has pulled to the side of the road, the Fourth Amendment permits the officer to search the vehicle's interior by looking through the windows; This is the "plain view" or "plain sight" rule that has developed in case law and is part of the "automobile exception" to the warrant requirement of the 4th Amendment.

However, the trunk of a vehicle cannot be searched unless the officer has probable cause to believe that it contains contraband or the instrumentality's of criminal activity, and similarly, the officer does not get to look into locked containers or a locked glove compartment unless the same type of probable cause is present. When the vehicle is impounded, its contents may be inventoried without a warrant, including the contents of the trunk and any containers inside it.

The rationale for permitting warrantless searches of cars is that the mobility of automobiles would allow drivers to escape with incriminating evidence in the time it would take police to secure a search warrant. The Court has held that a person expects less privacy in an automobile than at home and when you think about it, this is reasonable-you are driving down the road in a vehicle that anyone, not just an officer, may look through the windows and see what is inside.

As the Driver of the vehicle, you may do a couple of things:

1) Consent to the search, if you have absolutely nothing to hide or conceal in the vehicle and want to speed the process along; or

2) Refuse to allow the officer to search the vehicle.

If you elect to refuse the officer's request to search, you should ask the officer if you are under arrest, and if you are not, why he or she wants to search your vehicle. However, the officer may not give you a complete answer as to why he or she is asking to search the space. Denying an officer's request to search is not an admission of guilt, although, the officer may tell you that if you have nothing to hide you should permit the search.

The officer may insist on searching your car. Clearly state, "I am not giving consent to this search" but do as the officer instructed. Repeatedly, but politely and firmly repeat that you are not consenting to the search, as the likelihood of the statement being recorded is great, at least under most department policies. This recording will be invaluable in a later court proceeding, should one arise. But, no matter what you do, do not interfere with the search and do not touch the officer, as either of these actions is likely to get you arrested.

Also, the officer may place you in the patrol car or even handcuff you and have you sit on the curb while conducting the search. Again, this does not mean you are under arrest but will likely be labeled as an "officer safety" tactic. This usually occurs if there is only one officer and multiple occupants to a vehicle or if the officer knows that backup is not nearby. If the officer does handcuff you, DO NOT RESIST and provide a reason to arrest you.

Another situation that may arise is that an officer instructs the occupants out of a vehicle because he is going to search it. This type of search is one based on probable cause. For example, if the officer approaches a vehicle and smells what "training and experience" tells him or her is marijuana or another illegal substance, he does not have to obtain consent to search the vehicle. But, the officer may ask for consent because then there is little room to contest the search later, except for a claim that the search was not voluntary or freely given...i.e. that the search was coerced. Under this situation, even if you refuse consent, the officer may search the vehicle anyway. Again, if this happens, do not resist and do not create problems. You may always challenge the search in court and the more cooperative you were (in following instructions) the better result you may later obtain.

The information contained in this article is not specific to any state and if you find that you or your vehicle or property has been searched or seized, you should contact a criminal defense lawyer without delay if you believe that your rights may have been violated. An good defense attorney will be able to answer your questions about what happened and determine whether you have a valid claim or case. And, it is very important that you advise your attorney of what happened as quickly as possible, especially if you are facing criminal charges as a result of the search since the evidence found as a result of an illegal search will probably be excluded from any proceedings against you.

Want to Start a Car Rental Business

Nowadays, people bring up doubts regarding the need to have a car rental business. As a result of growing industrial sector worldwide, the companies are renting vehicles all the time for different business ventures and also offering the pick-n-drop service to its employees.

If an individual would like to start a car rental firm, the stability of this business have to be looked at. Research of the competition as well as the demand for rented cars, provides a concept of the feasibility of this business. Numerous factors need to be thought about prior to starting a car rental company. Some issues must be considered in a serious line of thinking.

The location and also funds are two key elements, as one has to examine the prospect demand for rented automobiles. The target market needs to be evaluated and one should strategically chalk out a business plan. As with any businesses, the automobile rental company must be a legitimate one.

You will need to register the company and get an insurance coverage. You will need to select the very best insurance coverage price available out there, while starting your rental company. A lawyer can sort out more details regarding permits and licenses that are necessary for starting a company related to automobile rentals.

Your own business plan must be set up as there might be initial transportation and start-up expenses. Because it will take a while for your business to flourish, the cost of maintenance along with other expenses have to be paid for from reserve funds. The perfect location for a rented car company is close to the airport since, here, you will find there's high demand for rented cars.

This is due to the big increase of people in such an area. It's possible to get innovative and even search for more such locations, where business is likely to blossom.

Used Dodge Trucks - What You Should Know Before Buying

Dodge trucks are an industry leader in the truck world. They provide long lasting power and are aesthetically pleasing. Not only does the body of a Dodge look great, but the inner workings are also superior to many other car brands out there. Buying a new Dodge can get expensive, so used dodge trucks are an excellent alternative to consider. Buying a used vehicle can save you money on insurance, as well as hefty loans or leases.

Before buying just any used Dodge you find, you should be sure to check out the car history. There are several services that can provide buyers with detailed information regarding the vehicle. It will tell you if it was in a flood, damaged in a wreck and rebuilt, or if it was stolen. Vehicle inspections are important when buying used dodge trucks, because without a thorough inspection you may be buying something that looks good, but performs on a less than desirable level.

You should never settle for the sticker price on used Dodge trucks. Whether you are buying from a private seller or a car lot, you can haggle the pricing by using clever terminology to knock them down on the price. You can often get a thousand dollars or more knocked off the advertised price if you know how to haggle with the seller. Remember, they want to get rid of the vehicle. A sale that is for less than sticker price is better than no sale at all.

You should also decide whether you will finance your used truck or if you can pay in cash. For older models paying in cash isn't too hard. They often cost less than $10,000 and sometimes much less than that. If you need financing for a 2007 used truck, then be sure to find someone that offers low interest rates on your purchase.

When shopping for used Dodge trucks, you should never choose just any lot or private seller. Be sure that the person or company you buy through has a good reputation for selling high quality used trucks. When the company has a good reputation, you can be sure that you are getting a fair deal for the vehicle of your dreams. Companies that regularly sell "lemons" or wrecked cars masquerading as something better - are not trustworthy and should be avoided at all costs to the consumer.

The Magic of Egypt

Egypt is one of those countries that you have always heard about, whether that be through falling in love with the sound of the place as a school kid who has to study ancient Egypt or as an adult who marvels at the sheer impossibility of the architectural masterpieces which sit on its sands. I was one of the former, developing a unique obsession with the place after having to do a project on the ancient Egyptians when I was only eight years old. I researched the pyramids, mummies, embalming, the sphinx, pharaohs, hieroglyphics, Tutankhamen, slaves; hundreds and hundreds of things unique to a country that stands pretty much at the beginning of meaningful recorded time.

This was why I chose to find out if there were any Egypt Holidays I could book myself onto as an adult; having spent pretty much my entire childhood with a strong hankering to see the place I couldn't pass up the opportunity now it was within my grasp. Luckily, Egypt is as popular a destination as it ever was and there are some really good deals to be found from different airlines should you look around a bit. I ended up travelling with Monarch who were extremely good value for money, but I most wholeheartedly recommend shopping around for a better deal. You never know what is out there.

When I was in the country I visited all the places that I had learnt about as a child; I went to the pyramids, explored ancient tombs, went around the Sphinx, took a trip to Memphis, the first capital of ancient Egypt and had a look round Sakkara, its expansive necropolis, took a day out to visit the Egyptian Museum of Antiquities, went to Coptic Cairo - including the Hanging Church and Ben Ezra Synagogue and spent a leisurely afternoon perusing the Citadel of Salah el-Din and the mosque of Mohamed Ali. It truly was everything I could have wished for.

One of the best things that I found about the country was the way in which everyone seemed to go out of their way for you. Now, this is not the false "Have a Nice Day, sir!" American style of hospitality, directed at you with a painful grin and vacant eyes, this is the real deal. For all intents and purposes we had a tour guide-cum-chaperone for the entire trip. He was there from the moment we were, helping us through immigration and making sure everything from the hotel to the local restaurants were up to scratch.

If you can find a holiday package that comes with one of these inestimably helpful fellows then jump at it. We would not have seen half the marvels we did without him pointing a few things out to us. It is a truly magical country and there is more to discover than you can possibly do in a short holiday. But it is worth going anyway. We're going back!

The Life of a Bail Bondsman

Being a Bail Bondsman at times can be the most exciting career I could have ever chosen. When people call for the most part they need me immediately. Unlike most occupations people have, when I get a call I am usually needed immediately. I like the feeling of being needed right then and there it makes me feel like the situation is important. I also let my clients know how important they are by responding to them immediately. My work takes me to the same place most of the time, meaning I usually go to the jail and post a bond. The individual gets out of jail, and I take them home. Wait, but that's just the beginning. As soon as the person gets in the car that's where the other story begins.

The first question asked of me is usually "what do you think the judge will do". I have the same answer for everyone. I tell them it depends on how involved they were in the crime. It's based on what can be proven and what can't be proven. I also ask whether or not the confessed in an interview. That's when some people look at me and say, "what if I did. Then I say anything you say can or will be used against you. It's sad because 99% of people have no clue of their rights when it comes to the law. They think they have to talk to an officer just because the individual is an officer. What we never remember is that we as a people still have the right to remain silent. I'm not an attorney so I can't legally interpret law however I urge my clients to look up their charges on their own. That way they themselves can know the punishment if convicted. Obviously what they are facing is a major concern.

While on the drive home the client usually opens up to me about how stupid they were to be involved in such an incident, especially if they were involved in a domestic violence. I get really sad when I hear those cases because it usually a break up. The family structure is falling apart. Domestic Violence in the state of California 273.5 (A) pc In Los Angeles that charge is an automatic $50,000 bail. Lots of people go to jail because of this charge. Some people secretly call it the OJ law. Meaning if the police come out usually someone is going to jail. Some people will argue but the fact of the matter is I've been doing this for the last seven years and you don't know how many times the other spouse is at the jail before me asking the police why did they take their wife or husband to jail. It puts the police in a bad situation because someone actually called them. They have no idea what's going on, or the mind frame of the aggressor. So they have to go in and judge in a matter of seconds a situation involvin g man and wife. However what's not said is that I know for a fact officers are trained to take someone. I've seen it to many times where there was only an exchange of words. I'm not blaming the police and obviously people abuse power even in my profession. The point is we as Bail Bondsman get to see these things first hand. The personal time with the defendant for the most part is where the truth comes out.

If you or anyone you know ever needs my services go to or call 1-800-608-5937

The Ancient Persian Courier Network

The life of a courier involves a lot of driving, delivering large shipments and smaller packages and letters across the country. Modern technology like state-of-the-art vans and high quality roads allow this process to be completed at great speed - it is possible to cross the United Kingdom from south to north in under 24 hours, although this would require a pair of couriers taking shifts. Today's couriers might be surprised to know that several thousand years ago, the Ancient Persians had some similar ideas about efficient deliveries.

Ancient Communications

The Persian Empire (c. 550-330 BCE) was vast by ancient standards, reaching from Aegean Turkey in the west to the beginning of India in the east, at its height. The King ruled over it all; although he entrusted local government to his satraps, he still wanted to know all the important news in a timely fashion, especially when it concerned invasions, plagues, famines and so on. Ancient couriers needed to cross the empire as fast as possible with this news.

But the journey across the empire, from Sardis to Susa and further, took up to 90 days on foot. A walking courier was far too slow for vital communications. Mounted couriers were faster, but still faced restrictions like the need to rest their horse, and the hazardous terrain that forced the horse to walk almost as slow as a human for fear of crippling injury.

The Royal Road

King Darius I's solution was to build a 1,500-mile long road - the Royal Road - which traversed the empire, and establish 111 posting stations along it. Each station kept fresh horses for the couriers to change onto, ensuring that they could ride as fast as possible. The journey across the empire now took a mere 7 days.

The extent of this achievement was recognised by contemporary writers. Famous Ancient Greek writer Herodotus wrote that "Neither snow, nor rain, nor heat, nor darkness of night prevents these couriers from completing their designated stages with utmost speed" in his Histories. The Romans who invaded parts of Persian in later centuries continued its use

Its route

Herodotus' writings - along with archaeological research and other historical records - have also furnished us with the Royal Road's route, so that we can now follow those ancient couriers across the ancient empire. The Royal Road began in Sardis, above 60 miles east of present-day Azmir in Aegean Turkey. From there it went east through the middle northern section of Turkey and passed through the Cilician Gates to Nineveh (present-day Mosul in Iraq), formerly capital of Assyria. It then turned south to Babylon (near present-day Baghdad, Iraq), where it divided. The first route went northeast then east through Ecbatana and along what later became known as the Silk Road. The second went east to Susa (in present-day Iran), future Persian capital, and then southeast to one of Persia's most famous cities, Persepolis.

An Assyrian road

While King Darius I of Persia ordered the development of the Royal Road's full length, it seems likely that he wasn't the first ancient ruler to envisage a quality road connecting important parts of his empire. The Ancient Assyrian Empire, which existed in many phases from as far back as the 20th century BCE until about a hundred years before Cyrus the Great forged Persia, most likely had a hand in building one part of the Royal Road. Its route through Nineveh and Babylon, old important centres of that Empire and not the most direct route across Darius' empire, is strong evidence for the Assyrians devising infrastructure for ancient couriers even earlier in history, and the Persians simply expanding from it.