In the past, college students who were also financial aid recipients could find their aid packages threatened after receiving convictions on drug-related criminal charges. However, a congressional committee recently took steps to change this, which could prove to be a major benefit for many of today’s financial aid-receiving college students.
According to Forbes, college students convicted of drug sales, drug possession or similar offenses have historically lost their ability to utilize federal financial aid in the wake of drug convictions. Because of the existence of the Higher Education Aid Elimination Penalty, they would become ineligible for federal assistance for a year or more, depending on the severity of the drug conviction received.
Arguments for repealing the HEAEP
Critics have long argued that the HEAEP is fundamentally flawed for a number of different reasons. For starters, they assert, it is counterproductive to penalize students caught with drugs by making it tougher for them to further their education. Furthermore, the rule unfairly penalizes minorities and those with lower incomes. Minorities have long been more frequent targets of drug enforcement efforts than their white peers, meaning they may be more likely to lose financial aid due to drug convictions than others. Also, taking away financial aid particularly penalizes those with little income, because those with higher income levels may be able to finance higher education even after losing aid.
Proposed FAFSA changes
Those in favor of repealing the HEAEP are also looking to eliminate a question about drug convictions currently listed on the Free Application for Federal Student Aid. Some argue that the question itself is unclear, while others contend that it unnecessarily deters prospective college students from applying for aid in the first place.
]]>Juveniles in Possession of Alcohol and Drugs
When you get caught using or carrying an illegal substance while underage, it may seem as if there is no way to argue against a charge.
However, learning more about what minor in possession laws are can be helpful for future legal matters.
Definition
Minor in possession laws deal with those under the age of 18 and their usage or possession of alcohol or illicit drugs. If you get caught holding or consuming a beverage or drug while underage, you could pay various fines and even lose your driver’s license temporarily. You still may face consequences even if your blood alcohol level does not indicate you are drunk.
Strictness of the law
Many guidelines regarding the sale or use of illicit substances for minors are notoriously strict, in order to deter future infractions. These laws seek to teach young adults why they should not drive drunk, use illegal drugs, or drink underage. In addition, showcasing community service is an important part of minor in possession laws.
Your first run-in with the law as a minor may lead to lighter punishments than any subsequent legal problems afterwards. However, it is important to note that DUI offenses are punishable in every state, no matter how old you are.
Defenses
Often, a young adult may be in possession of a drink but still have a way to defend his or her self from the accusation of drinking. One such argument is the can did not contain any alcohol, which would help prove no underage drinking occurred. Additionally, some religions have consumption of a beverage with alcohol in it as part of a service, which may also be a defense.
]]>You probably think you know your Miranda rights from watching fictional law enforcement officers recite them so many times on TV or in the movies. But do you? More importantly, do you understand when these rights come into play?
FindLaw recapitulates the four Miranda rights as follows:
When they apply
Per the historic U.S. Supreme Court case of Miranda v. Arizona that established Miranda rights in 1966, they take effect only at the point of your arrest, not before. Therefore, law enforcement officers have every right to attempt to elicit voluntary information from you prior to your arrest. You, on the other hand, have every right to respectfully decline to answer their questions and give them voluntary information.
Why they are crucial
Your Miranda rights actually flow from the following three Constitutional rights you have at all times, both before and after your arrest:
Your Miranda rights therefore constitute your most crucial rights any time officers attempt to question you about an active criminal case. While you must identify yourself when they ask you to, you need not answer any additional questions unless and until you have your attorney by your side.
]]>When you face a divorce as a parent, the well-being of your children is of your utmost concern. Texas presumes that parents will have joint legal and physical custody, also called conservatorship, of minor children.
Knowing what to expect when you negotiate a child custody agreement can remove some of the anxiety and stress from this difficult time.
Understanding legal and physical conservatorship
With shared legal custody, each parent has the right to participate in important decisions, such as choice about the child’s religion, health care and education. Physical custody describes where the child resides most of the time. With shared physical custody, the child lives with each parent at least 35% of the time. Otherwise, the child will live mainly with one parent and have visitation with the other parent.
Exploring the best interest standard
Texas will decide on custody based on the child’s best interest. During the custody hearing, the judge will consider evidence that illustrates:
Within these areas, the judge has full discretion to make the custody decision that he or she feels is best for the child’s overall well-being. The default is shared custody, although the judge will award sole custody to one parent if the other parent has a history of domestic violence, neglect or abuse.
In addition, Texas requires both parents to participate in a parenting class that helps children cope with the impact of divorce. You can complete this requirement either in person or online, or ask the court for a waiver of this requirement.
]]>Most kids who engage in juvenile delinquency exhibit a pattern of behavior that points to future run-ins with the law. Preventing juvenile delinquency before a major transgression occurs is considered the best course of action to ensure a child has a life full of opportunities and achievements. In this case, parents and educators can play an integral role in effecting a positive change in a child’s life.
Much research says early intervention has the best possible outcome for most kids. In fact, one study showed that taxpayers actually save money when investments are made in such programs. These costs are related to keeping prisoners incarcerated, which can be extremely expensive. Early intervention often involves prevention programs at schools beginning when a child is still in early education.
There is a wide range of programs that are believed to have a great benefit on children. Conflict resolution is an invaluable skill for people of all ages and can also reduce the chance of a child being involved in a violent altercation. Mentoring programs are also beneficial, as having an adult model acceptable behavior to a child is influential if that child lacks positive adult role models in his or her life. To ensure children’s time is occupied with enriching and fulfilling activities, afterschool programs are highly beneficial. This is especially true when parents must work long hours, during which time their children are left to their own devices.
It is also important to understand the factors that deter delinquent behavior. Children who are involved in learning about or participating in a subject or activity have a lower risk of juvenile delinquency than those who do not. Kids who feel a sense of belonging or attachment to a group, whether that is a family or peers, also have a decreased risk of delinquency.
]]>A criminal record can limit your options if you want to go back to school. As tough as it may seem, though, it is not impossible. But before you make the final decision, it is essential to learn what your limitations may be and how you can overcome them.
Two critical factors in returning to school are application acceptance and financial requirements. Though most colleges do perform background checks on applicants, not every college knows what to do with that information. As reported by the Chronicle of Higher Education, a recent survey found that less than half of schools who do perform the checks have strict policies on what to do next.
If you do choose to apply despite your convictions, honesty is the best policy. A school that accepts those with convictions may favorably consider your desire to change your circumstances and appreciate your willingness to admit that you have a record.
Financial aid
A major setback for most convicted criminals is ineligibility for federal student aid. According to the Federal Student Aid Office, you are not eligible for the Federal Pell Grant or federal loans while incarcerated in a state or federal facility. There are other financial aid possibilities, but due to funding limitations and other restrictions, the government is unlikely to grant you these options.
Drug charges may restrict you from receiving federal funding, particularly if the conviction occurred while previously receiving federal aid. However, you may be able to restore your eligibility by passing random drug screenings and completing an approved rehabilitation program.
This information is for educational purposes. It should not be interpreted as legal advice.
]]>Your recent arrest for a drug crime in Texas served as quite a wake-up call. While mounting your defense, have you considered whether a mental health illness may have contributed to your ongoing struggles with substance abuse?
HelpGuide shines a light on the matter. See if you would be better off with mental help rather than criminal punishment.
The link between mental health and substance abuse
If you have undiagnosed depression, anxiety or a similar mental health illness, you may use illegal substances as a coping mechanism. While you may temporarily succeed in changing your perception and emotional state, using substances can lead to dangerous side effects that only leave you with more psychological burdens.
Additionally, your family history could put you at risk for a number of mental health issues. By abusing drugs, you could exacerbate your overall risk. For example, abusing painkillers may lead to depression. If you are already at risk of experiencing depression, using painkillers may increase that overall risk, turning it into a reality.
The signs of co-occurring disorders
Mental health and substance abuse struggles could crop up at the same time, making one unidentifiable from the other. Maybe you use substances to focus, numb painful memories or control your emotions. You may also experience anxiety or depression no matter if you are sober or using substances. Finally, you may have past trauma left unresolved, a struggle that could lead to using illicit substances.
The treatment you need and deserve
Rather than time behind bars, getting help for your mental health issues could be the key to keeping you from another substance abuse charge. For instance, medication, counseling, detoxification and withdrawal symptom management are all valid treatment options for mental health and substance abuse struggles.
Understand why you ended up with a drug crime charge. Getting to the root of the matter helps keep you out of legal trouble.
]]>The State House in Texas approved a new bill to extend the time for child sexual abuse victims to make reports and sue the perpetrators and institutions in a civil court. According to the bill, the timeframe for reporting a child sexual abuse crime will double.
CBS7 news indicates that initially, the law allowed victims to only report the crime 15 years after turning 18 years. However, the new bill will enable victims to file for civil lawsuits 30 years after becoming 18 years old.
The new law will also affect institutions that protect the perpetrators of child sexual abuse as well. But what is the benefit of extending the time frame for reporting a sexual abuse crime? Child sexual abuse is very different from that of an adult. The majority of the time, a child will not disclose the sexual abuse immediately after the event.
Their reluctance stems from several reasons. A sexual abuse survivor may self-blame themselves, thinking that it is their fault. They may assume there is something more they might have done to stop the perpetrator, such as fighting harder or screaming louder.
Some victims experience a deep sense of shame. Just the thought of revealing what happened in explicit details can be an act of reliving the experience. Their hesitance comes from the pain of remembering things they want to forget. They have to not only go through physical but also psychological and emotional trauma.
Sometimes fear may be their reason for holding out. According to Lacasa, the children may be afraid that the perpetrator may hurt them or their loved ones if they speak out the truth. They may also fear what people will say about them if they speak out against a respectable member of the community that people respect.
By extending the time for reporting sexual abuse, victims will get an excellent opportunity to cope with what happened to them as they grow and report whenever they feel comfortable. Perpetrators will no longer hide behind big institutions as the institutions can also be subject to investigations.
]]>If you have been accused of committing a crime in Texas and are staring a conviction down, one thing to seriously consider is how a conviction can affect your future employment opportunities. Even after you have served your sentence, the reality of a criminal record can reach far and wide for the rest of your life.
Many potential employers will run a background check before hiring you. According to the Department of Motor Vehicles, a background check may include some of the following information:
Employers may also search for descriptive information on your body such as scars, birthmarks and tattoos, a history of marriage and divorce, any property you own and a list of known relatives. Once the employer has this information, they may choose not to employ you. Some want to avoid breaking employment laws, others consider workplace safety, and some are concerned about the security of their business.
When you are looking for a job and you know you have a criminal record, it is best to be honest about it from the beginning. You may also provide some positive references to counteract the bad information on your record. You could be able to have the charges expunged if you meet certain criteria. Past mistakes can haunt you for years to come, but employers also realize that people change over time, and you can present yourself as one of them.
This information is intended for educational purposes and should not be interpreted as legal advice.
]]>Vandalism is the act of purposely damaging another person’s property. When an underage person commits this crime, it is juvenile vandalism. The consequences of this crime affect both the juvenile offender and the parents.
There were 30,600 juvenile arrests for vandalism in 2018. Depending on how much damage occurred, a juvenile may face time in a detention center. There are severe repercussions for committing this act.
Potential charge
If the repairs for the damage caused are worth less than $400, then the charges are likely to be a misdemeanor. However, in cases where the damage is worth over $400, the prosecutor may choose to pursue a felony charge.
Potential penalties
The juvenile system handles cases for anyone under 18 years old who commits vandalism. The judge may institute several penalties. These may include paying fines up to $500, serving up to 12 months of probation, staying in a detention center or paying restitution.
The person who owned the damaged property may also fight to have financial losses covered. If the person has evidence to show that the offense led to a financial loss, he or she may have a case. In situations where a person does not receive court-ordered restitution, one may attempt to receive payment through civil court. However, one may only receive restitution through criminal or civil court, not both.
When someone under 18 years of age commits vandalism, the court may require that the youth maintain employment to pay restitution. In other situations, a parent may be responsible to pay the restitution, if the child is unable to. However, there are usually limitations on the parents’ liability.
If a court requires a juvenile to serve time in a juvenile detention center, it is usually for a more severe case of vandalism or a repeat offender. The court may require the juvenile to live at a center or stay on weekends for a stipulated length of time.
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