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A Change in Military Pension Division: The End of Court-Adjudicated Indemnification – Howell v. Howell

2018 A Change in Military Pension Division: The End of Court-Adjudicated Indemnification – Howell v. Howell by Eliza Grace Lynch

EGL Law Review Article- Howell

 

Attorney Brentley Tanner joins CPSB Family Law section as a Partner.

We are excited to announce that Brentley Tanner is joining the Cheshire Parker Family Law section as a partner.  He adds an expertise in military law and brings with him two fabulous associates, Ashley Oldham and Kaitlin Kober, and paralegals, Amber Caling and Eliza Lynch.  We are thrilled to expand our practice statewide.  As part of our growing practice, we have also opened a satellite office in Holly Springs.

 

CPSB Family Law Attorney Kimberly Bryan is a Certified Family Law Arbitrator

Cheshire Parker Family Law is pleased to announce that Family Law attorney Kimberly Bryan has been certified by the American Academy of Trial Lawyers as a Certified Family Law Arbitrator.  The AAML is the only organization in the country that trains matrimonial attorneys to arbitrate the unique issues that arise in family law.  Kimberly can arbitrate limited issues along with complex matters needing several days.

 

Elliot Abrams forfeiture win discussed in NC Lawyers Weekly

A recent victory by Raleigh white collar criminal defense lawyer Elliot Abrams in an asset forfeiture case was the subject of a front page article in NC Lawyers Weekly last month.

 

As Elliot Abrams and his co-counsel Samuel Hartzell told Lawyers Weekly, “Th[e] ruling will protect innocent people and businesses and is a strong step toward restoring the balance of power between
the government and the accused.”

 

The decision was issued by the entire Fourth Circuit sitting en banc.  (Full text of opinion).  It overruled decades’ old precedent that allowed the government to seize assets from individuals even though the government acknowledged that those assets were not earned illegally.

 

Elliot Abrams represents individuals and businesses in asset forfeiture matters.  He can be contacted at elliot.abrams@cheshirepark.com.

 

Cheshire Parker Raleigh Family Law Attorneys named 2017 Top 100 North Carolina Super Lawyers and Rising Star

We are pleased to announce that Cheshire Parker Schneider & Bryan Raleigh NC Family Law Attorneys  John Parker, Kimberly Bryan and David Holm have been named 2017 North Carolina Super Lawyers.

Family Law Attorneys John Parker and Kimberly Bryan were also named 2017 Top 100 North Carolina Super Lawyers.

CPSB is pleased to announce that Family Law Attorney Amy Britt has been named 2017 North Carolina Rising Star, six years in a row.

Congratulations to this years recipients!

 

 

 

Campaign Donation Investigations Likely

Election season has just ended, so investigations into campaign donations are likely to begin.  Politically-active people and companies should be aware that these investigations often result in serious federal criminal charges.

Elections laws are complex, and even perfectly legal conduct can carry the appearance of corruption, particularly when people with business interests donate money to politicians.

Therefore, if you are approached or contacted an investigator about your campaign donations, assume that you are suspected of a serious crime and contact an experienced election law & campaign finance criminal defense lawyer immediately.  Making an unrepresented statement could ruin your future and your livelihood.

***

At Cheshire Parker, we have decades of experience representing individuals under investigation for suspected political crimes.  If you have questions or concerns about your donations or other election-related activity, contact us today.

 

 

Understanding Your Right to Remain Silent

You know it from television, if nothing else: As a criminal suspect, you have the right to remain silent. Whether or not you know it by name, you are probably also familiar with what is known as the Miranda warning, which is the statement police read to suspects in their custody along the lines of, “You have the right to remain silent. Anything you say can and will be used against you in a court of law . . . .”

But, do you know how these important Constitutional principles protect you? Do you know what it means if the police fail to read you the Miranda warning? Understanding your rights and hiring a criminal defense lawyer who knows how to use them to protect you could mean the difference between walking free and facing a guilty verdict at trial.

The Protection Against Self-Incrimination

The right to remain silent in criminal cases comes from the Fifth Amendment to the U.S. Constitution. The Fifth Amendment protects all citizens against self-incrimination, and as a criminal suspect, the government cannot compel you to make statements that implicate your involvement in a crime.

In order to make sure criminal suspects understand this right, in a 1966 case known as Miranda v. Arizona, the U.S. Supreme Court held that prosecutors and law enforcement officers must employ safeguards “effective to secure the privilege against self-incrimination.” More specifically, the Supreme Court instructed the police to warn suspects of both (i) their right to remain silent, and (ii) their right to have an attorney present during interrogations. This is where we got the “Miranda warning” that we have today.

Understanding When Your Rights Apply

Importantly, while the Fifth Amendment’s protections apply at all times, the police are only required to read the Miranda warning to suspects who are in custody. If you are not in custody, the police do not have to read you your rights, but you also do not have to say anything that could be used against you regardless of where you are. As a result, if you have been pulled over, if you are facing a search warrant, or if the police simply stop you to ask some questions, you can (and often should) stay silent in order to protect yourself.

What if the police interrogate you without giving you the Miranda warning? If the police interrogate you in custody without reading your rights, then any self-incriminating statements you make may be inadmissible in court. Any evidence the government obtains acting on your statements could be inadmissible as well.

However, if you are not read your rights and you volunteer information while in custody—as opposed to in response to interrogation—your voluntary statements are likely admissible against you.

These are important protections and understanding when they apply, when they do not apply, and how to enforce them will be critical to asserting the strongest possible defense.

The safest bet when the police are asking you questions, regardless of where you are, is to politely decline to answer questions and demand an opportunity to call a criminal defense lawyer.

Learn More about Your Rights – Contact Cheshire Parker Schneider & Bryan, PLLC, a Raleigh Criminal Defense Law Firm

The defense attorneys at the law firm of Cheshire Parker Schneider & Bryan, PLLC provide experienced representation for criminal suspects in the Raleigh, NC area. If you have been arrested or are under investigation for any state or federal crime, we invite you to contact us immediately to discuss your case.

 

CPSB Raleigh Criminal Defense Attorneys named NC Super Lawyers 2016

We are honored that Raleigh NC Criminal Defense Attorneys Joe Cheshire and Brad Bannon have again been named Super Lawyers by SuperLawyers.com.

We are also proud to announce that, for the third year in a row,  Joe Cheshire has been named Top Lawyer in North Carolina by Superlawyers.com.

Super Lawyers selects attorneys using a patented multiphase selection process.  Peer nominations and evaluations are combined with independent research.  Each candidate is evaluated on 12 indicators of peer recognition and professional achievement.  Selections are made on an annual, state-by-state basis. 

Congratulations Joe and Brad!  If you need representation, contact one of our award-winning Raleigh criminal defense lawyers today.

 

 

Cheshire Parker Raleigh NC Family Law Attorneys named 2016 Super Lawyers and Rising Star

We are honored that Raleigh Family Law Attorneys John Parker, and Kimberly Bryan, have again been named Super Lawyers by Superlawyers.com.     We are proud that Kimberly Bryan has been named to the North Carolina Top 50 Women Super Lawyers two years in a row.  In addition, Raleigh Family Law Attorney Amy Britt was named 2016 North Carolina Rising Star.

Super Lawyers explains the selection process as follows:

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who attain a high degree of peer recognition and professional achievement.  The selection process includes independent research, peer nominations and peer evaluations. 

Rising Stars explains the selection process as follows:

The selection process for the Rising Stars list is the same as the Super Lawyers selection process, with one exception: to be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less.

Congratulations to this years recipientsFor more information regarding North Carolina’s laws and requirements, contact one of the Raleigh Family Law Attorneys at Cheshire Parker Schneider & Bryan for a consultation today.

 

 

 

 

Supreme Court grants review of Va. Governor’s conviction

As a follow up to this post, the Supreme Court has granted review of the question of the scope of the term “official act” in federal bribery law. This is an important question for white collar defense lawyers, particularly those who deal with allegations of public corruption.  This case and the Fourth Circuit’s ruling upholding it seriously blurred the line between typical political activity and illegal federal bribery, and reversing the conviction would go a long way toward giving fair notice to public officials regarding what conduct they can engage in without fear of a federal bribery or honest services wire fraud conviction.

Here’s a link to the the Hill discussing the case.

Here’s the order.

Here’s the petition seeking review at SCOTUS Blog.

 

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Cheshire Parker Schneider & Bryan, PLLC 133 Fayetteville Street Suite 500 Raleigh, NC 27601 | Phone: (919) 833-3114 Fax: (919) 832-0739