The End of a New Beggining

It has been a long journey in this new writing style that consisted of many long nights, hours spent fussing with my poor internet connection, and a lot of thinking and focusing that I have put into my blogs, but I can say that it has been a great experience for me. Discussing the courts failures to obey the rules they enforce, satisfy the very citizens of this country, and to remain fair, has been an interesting and easy topic to write about. Seeing the many problems one faces everyday due to the court system has made my priorities in writing to fight away the advantages the court has over the people as an inspirational process, not only for me but also for my readers. I’ve learned that my opinion does in fact matter and that there are many other writers who also have stated their views and have made their point across to their audience without any problems that couldn’t be easily fixed.

My abilities for writing an organized informational blog were tested each and every week and it only gave me more of a drive to do better than what I did before. Being able to have my teacher and also my peers as a backbone to improve my writing skills have been the kind of support that I needed to be able to get through the whole semester. Since there were so many arguments for or against the court system, at times, it was hard to find the right way of saying things, finding supporting details or supporting facts, and persuading my opposing audience. But with all that pressure that was building up inside of me I knew it was all there for a reason; to overcome all obstacles I faced.   I managed to use all the advice given to me to see the difference I have made from my very first posts to my last ones.

The feeling of knowing that you have become a part of your community is crucial to the progression in your work, and as a result, I have had over 1,100 page views that have lead me to believe I have most definitely accomplished my intentions to spread the word out about the courts crooked ways. I have been able to include my personal experiences along with public cases to explain that these decisions the court system have made can affect anyone, even people you never thought would have so much going on. It is our given right to our freedom of speech and with this right I believe if used enough, the world can learn to communicate and become a better place for everyone.

Is Prison the New Home For Slaves?

America's Choice: Right or Wrong?

Prison is a place where America believes that by incarcerating these many individuals to pay for the mistakes they have or haven't made (but are still seen as guilty) will teach them the lesson they need to learn before being released out into society again. But by working for large companies, granted no rights or privileges, and getting paid cents an hour for all the work they do on a daily basis, what exactly are these prisoners achieving besides feeling used by the system and having no control over it? Each prisoner has been treated unfairly for the crimes they have committed and are taken advantage of by the ones who are in control of the system they are stuck in. Some say it is their right to serve the time and do all the work for the things these prisoners have done, but others say it is just another form of slavery being used upon them today.

Lazy Investors in the Prison Industry use Prisoners

Many Organizations are stating that the United States has been getting a little too carried away with how they are treating their prisoners. "Human rights organizations, as well as political and social ones, explain that a prison population of up to 2 million – mostly Black and Hispanic – are working for various industries for a pittance (Pelaez)." For the prisoners, it is just another job they have to obey as another part of their sentencing but for others who have invested in the prison industry; having prisoners around to do their work is like heaven. Prisoners are turned into manufacturers, making expensive equipment, working long heavy hours, servicing for many companies, doing jobs that range from minimum wage up to 20 dollars an hour for only cents instead. "All of their workers are full-time, and never arrive late or are absent because of family problems; moreover, if they don’t like the pay of 25 cents an hour and refuse to work, they are locked up in isolation cells (Pelaez)."

The Prison Industry IS a Business

Corporate stockholders are the ones who are responsible to try to maintain as many prisoners behind bars as they can; they are the ones who make money off these individuals. If these prisoners didn't work as hard as they have been obligated to and do all the jobs for those who aren't doing what they should be doing in their work field, then prison would have to depend on themselves much more than the prisoners. More money would be put into the system instead of what they would be receiving. "The system feeds itself," says a study by the Progressive Labor Party, which accuses the prison industry of being “an imitation of Nazi Germany with respect to forced slave labor and concentration camps (Pelaez).” These prisoners who are citizens of this very country are being violated by the law, they are to become obligated workers for the system and aren't allowed a say in anything they do because if they disagree, it can only hurt the prisoner in the long run. Society shows to the people that they are locking these individuals in cells to avoid them from being a harm to other citizens, but it must just be a cover up for them to hide that they actually really need the help these prisoners are forced to give to these companies, so therefore the more prisoners they get the easier the job is being done for them.

What Prisoners Contribute to Society

Prisoners have learned to build or make items as well as any other person working in the manufacturing field. "100% of all military items and wardrobe are made by the federal prison industry itself (Winter)." These items include, military helmets, ammunition belts, bullet-proof vests, ID tags, shirts, pants, tents, bags, and canteens. They have also learned to process thousands of pounds of beef, chicken, bread, and eggs; just like how a farmer would prepare his crops for distribution. "California inmates process more than 680,000 pounds of beef, 400,000 pounds of chicken products, 450,000 gallons of milk, 280,000 loaves of bread, and 2.9 million eggs. Texas and California inmates have worked their way through the school system also, they have made dorm furniture, many lockers, diploma covers, binders, logbooks, library book carts, locker room benches, and juice boxes (Winter)." Working for clothing lines like Victoria's Secret and JC Penny was another department they knew best by learning to sew lingerie and leisure wear. Lastly, prisoners have even made their way into technology, learning how to shrink-wrap software and up to 20,000 Microsoft mouses for subcontractor Exmark (Winter). They have worked for the military, food companies, schools, clothing lines, and even in technology; all of which are many important factors in the United States that keep the economy going and our population growing. Prisoners, even though not imagined to be, are much more involved in society as we know it and they are part of a big contribution to it. Even though they are doing good deeds for their communities in which they are working for, they are still being used, punished, and given no credit for anything they have accomplished.  

Inmates Reward For Their Hard Work

So what do these inmates get in return for all the hard work they have done in prison and all the time they have served for their crime? After being released from prison, they are not considered "Free" at all, these no longer inmates have to follow a "Mandatory Supervised Release" or also called probation, which can last for years even span decades. They may have a curfew, people they are forced not to contact anymore, and no drinking clauses. Inmates can also lose their right to own a firearm, which is one of the most severe felony conviction consequences in the U.S. It will become difficult even close to impossible to earn a license to own a firearm as well as any other type of license because of a record. Not being able to vote for their country is also another upsetting lose, being that it is difficult to have these rights restored. Their voice is not depended on or valued in any type of election. "If the crime one has committed was deemed detrimental to public safety, welfare, or health, your landlord can evict you from your rental property (Hall)." So all of that work someone has put into even finding a home after release can just be thrown away so quickly by one decision. Finding a decent job will also be very difficult, not only are they limited to the types of work they can do but the odds of getting hired with a record are very slim. Lastly, if they would like to better their education, start fresh, and head back into school, their hopes in finding help with student loans and educational assistance will not be granted or at least will be hard to find someone who will trust an ex-felon.

Court Needs Change

"Ninety-seven percent of 125,000 federal inmates have been convicted of non-violent crimes. It is believed that more than half of the 623,000 inmates in municipal or county jails are innocent of the crimes they are accused of. Of these, the majority are awaiting trial. Two-thirds of the one million state prisoners have committed non-violent offenses. Sixteen percent of the country’s 2 million prisoners suffer from mental illness (Pelaez)." As the majority of these prisoners are either in jail for non-violent crimes or for being accused wrongfully; why is it that their punishments are crucially just too harsh for what they have been accused of doing? These citizens deserve more respect, attention, and the rights they are suppose to be given. Even though some should be punished for the crime they have committed, they also should be taught the ways of changing for the better and given a chance to show their commitment to this change before their entire life goes down the drain. The court system should also take a minute to see how they are badly affecting these inmates and giving off the wrong impression towards these innocent people, if not then what will this become of in the many years before us; a disaster or a well organized successful country?

 

Work Cited

Global Research Centre for research on Globalization, article called, "The Prison Industry in the United States: Big Business or a New Form of Slavery?" by Vickey Pelaez http://www.globalresearch.ca/the-prison-industry-in-the-united-states-big-business-or-a-new-form-of-slavery/8289

Mother Jones and the Foundation for National Progress, blog called, "What Do Prisoners Make for Victoria's Secret?" by Caroline Winters http://www.motherjones.com/politics/2008/07/what-do-prisoners-make-victorias-secret

Hall, Rustom, and Fritz LLC established trial lawyers- Peoria IL., blog called, "What other consequences are there from a felony being on my record?' by attorneys at Hall , Rustom, and Fritz LLC http://www.centralillinoislawyers.com/Criminal-Felony/What-other-consequences-are-there-from-a-felony-being-on-my-record.shtml

Serious Crime Left Unattended

Unfair Crime Decisions
There have been many cases about rape and sex offenders who plead guilty and received the punishment they deserved, but there are also many cases that should've been frowned upon a little more and taken much more seriously than to just give out minor consequences for actions that should've received more than expected. A lot of cases have been misunderstood, having someone's life ruined by being classified as a sex offender only because they simply grasped someone the wrong way, or two teenagers that are only a couple years apart who are reported because the child's family doesn't approve of their relationship, are prime examples of harsh punishments a judge can give someone over something as serious as rape. These prime examples that were taken as a serious crime and given punishments as long as year's in prison seems kind of rough doesn't it? Well, what about a former school teacher who is given remorse by the judge and only received thirty days in jail for raping a fourteen year old student who later on commits suicide?

Rambold's Case
This particular case about a fifty four year old school teacher who rapes a fourteen year old female student shocks my interests in knowing what was this judge thinking when he only gave this man thirty days in jail for his crime? Stacey Dean Rambold had at least three sexual encounters with student Cherice Morales in 2008. In 2010, the student committed suicide a few weeks before her seventeenth birthday, the Billings Gazette reported. Yellowstone County Judge G. Todd Baugh sentenced Rambold to fifteen years in prison, with all but only thirty one days suspended for sexual intercourse without consent. The judge then gave Rambold credit for one day served, bringing the offenders total jail time to just thirty days (Murdock). This judge didn't even consider what this young girl's mother had to say about how unfair this situation was for her daughter, it was almost like the rules have changed and he had forgotten that people who are under the age of eighteen are off limits to those who are over that age. Baugh giving Rambold credit for only serving a day was another sad thing to hear, how can it be as easily forgiven and not looked more in depth of the situation to find out what this teen was really going through. Being a female at an age like this can be frightening because our minds are still developing and when wrong is being done we still might not know what right is, anyone who is that much older than you can either manipulate your mind or help you learn the ways of life. Unfortunately, this young girl's life is ended shortly as she commits suicide, but it also explains that she was going through a lot and being in this type of relationship with this older man must have not been making anything any better.

'There were 400 protestors who appeared to support the Morales case'

Judge's Wrongful Opinion's
The judge also explained that victim Morales was "older than her chronological age". Again, this judge isn't making a very reasonable argument for this case; can't anyone appear to be older than what they really are? How strong can this perception be of this female student that it allows it to almost be okay for this teacher to have a serious relationship with this student? As more proof of this action being wrong comes to show in court, less is being done. The same year Rambold was hired as a business teacher for Senior High School in 2004, principal Scott Anderson met with Rambold to discuss allegations that he touched a girl's thigh and waist. A court affidavit said Anderson told Rambold to "keep his hands off all students" and that anything further would result in a formal investigation, KTVQ reported (Murdock). Considering this new information, wouldn't this hint off another reason for the court to think that if he had complications dealing with touching other students before, that it would send off a red flag stating that he is comfortable doing this regularly with other teenagers.

Minor Consequences
Attorneys for Rambold said the teacher has lost his job, his license, his house and his wife and suffered the 'scarlet letter of the internet' as a result of the allegations. Defense lawyer Jay Lansing said his client had been punished enough for his crime (Zennie). When being convicted of any major crime as this one, it is likely that the person convicted will lose these minor things but will also have other punishments that court will give out. In any other case, a judge will not care about what someone has lost for their actions so why should he care about this man's lose? This man not only disrespected his wife by having an affair with a child but he also disrespected his job by doing what he was warned not to do ahead of time.

More Evidence
The Gazette reports that with the girl's death, prosecutors were forced to defer prosecution. They agreed to dismiss the case if Rambold admitted to one count of rape and agreed to enter a three stage sex offender treatment program. In December, prosecutors revived the case and re-filed charges after they learned that the teacher had been kicked out of the program for having unsupervised visits with minors (Zennie). This man was given several chances and all evidence kept being ignored, not enough was done and knowing that Morales was clearly troubled, Baugh still thought she was 'as much in control of the situation' as the teacher, the Gazette reported.

Speaking Out
Actions speak louder than words and in this case this saying should've been applied. This judges opinion wasn't correct and wasn't enough to bail this man out that easily. Even with all the evidence pointing against the teacher, all the citizens who tried to support Morales mother into giving Rambold more time in jail, and the sudden death of this young girl, still couldn't make this court decision change into the right decision.

Work Cited

The Huffington Post by Sebastian Murdock article called "Stacey Rambold, Former Teacher Who Raped Student Gets 30 Days Jail" http://www.huffingtonpost.com/2013/08/27/stacy-rambold-raped-suicidal-student_n_3822640.html#slide=1097148

Mail Online by Michael Zennie article called "Teacher who admitted raping student, 14, who later committed suicide gets just 30 days in jail after judge rules girl was 'older than her years' and 'in control of the situation'" http://www.dailymail.co.uk/news/article-2402937/Cherice-Morales-Teacher-Stacey-Rambold-gets-30-days-jail-raping-student-14-committed-suicide.html

My Potential Analysis Paper Sources

It has been a long journey processing this new writing style and actually pulling through with it quiet effectively, but with this transitioning and researching about my topics I've also come across many other bloggers who have successfully shown me different ways to express my thoughts and how to use the supporting facts in an informational way to my readers. They have shown me the serious and funny tones to be allowed when talking about a serious case, the hidden information that the system doesn't allow to be seen, the unfair cruelty people have been given, reading between the lines of statistics, and showing how nasty the world can get, but all in a nicely portrayed way.

The list can go on and on when talking about how the economy has affected citizens and non citizens of this country and finding the right useful blogs about things as these can really help me as a person to grow, not only in my blogs but also in my knowledge of the systems ways. As I've searched through many articles, newspapers, websites about certain court issues, and other bloggers, I've came to see that some of these authors were great at what they do and drew my attention into each post.

A particular blogger named "Justin Peters" consistently writes about crazy crimes being committed and also discusses things that should and should not be done when a situation occurs. He shows variety in his posts, and even with his amusement towards some of his stories he still remains to keep the facts consistent and makes his posts informational, almost like little online updates of what wicked things go on in the world on a daily basis.

In one of his latest posts called, "If You're Planning to Set Your Fiance on Fire, Don't Tell Your Veterinarian", he begins his topic on relating his audience to the feelings we all must get at one point in time when being with our spouse who begins to get under our skin. As the audience is now relating to what he is saying, he then brings in the argument of do's and don'ts when in a situation like this one occurs. If a spouse is fighting over something as small as washing one's bed sheets, it's recommended to not think of a master plan to kill the other spouse, but to let off your steam just a bit and relax. He then categorizes the females actions of trying to kill her spouse by pouring gasoline all over his bedroom as, numerical failures in the crime she tried to commit.

In his last more seriously taken post called, "It Happened Again: Baltimore Man Acquitted on Fourth Sexual Assault Charge in Two Years", he talks about a man who is still not punished for the crimes he has committed even though all evidence and witnesses are shown. He claims that the confidence of the accused man and his poise on the stand over powered the accusers' failure to explain that he did in fact commit a crime. Peters also threw in a supporting twitter comment by the Baltimore police saying that, "When evidence is there, Juries need to convict". I thought this social network use of facts supporting his argument of the court not doing what is needed to be done was a different kind of reliable source, and again is understood by his audience well.

Watching these inspiring authors explain related stories to my topics have been great useful sources for my upcoming blogs. Showing one how to state facts, correctly explain your argument, and learning from your research has been the three most important things I have learned to use for my posts. Blogs like Peter's and popular articles and stories about these issues are what is needed to show the public a way of speaking the truth. This work and guidelines I have learned from others is what I will use as my potential sources for my final paper.


Work Cited

Blogs by Justin Peters about murder, theft, and other wickedness. Published by the Slate Group, a Division of the Washington Post Company. http://www.slate.com/blogs/crime.html

What Crime can be Forgiven?

Malicious Crime
There's always that argument stating that the reason why people commit the crimes they do are because of reasons that should be irrelevant. Does it really depend on your nationality, mental status, or where that person grew up from? You would believe that these reasoning's wouldn't even be tried in court, but it seems as though that is the first thing people think of when hearing about a malicious crime. Of course there will always be the ones that actually do suffer from being mentally ill, coming from an unstable background, having some sort of jealousy towards one another, or simply just react to a situation in the wrong way at the wrong time. But when is going too far really just going too far for something that can be changed without committing a huge mistake.

Teenage Murderer
In an ABC News article, "An eighteen year old Stafford County teenager, who also use to attend Colonial Forge High School, pleaded guilty for killing her own mother over her recent four month long boyfriend. Prosecutors say that she shot her mother in the face and chest with a 12-gauge shotgun and stabbed her multiple times, tossed around items to make it look like a robbery, then went to a fast food restaurant. When she was caught, she explained to the police that her reasoning for killing her mother was because she had 'pushed her too far' and was interfering with her relationship." "Her mother and father didn't approve of her boyfriend and her boyfriend didn't like that at all, so he told his girlfriend if she doesn't kill her mother then he'll break up with her. As Colonial Forge teachers were investigated about the situation, they said that they seemed to notice a change in the girls' actions and participation in school around the same time she started to date this nineteen year old boy. The defending argument for the daughter in court was that it was all her boyfriends fault. She stated that after her and her mother engaged into a small argument about seeing fireworks is when the time came closer to ending her mother's life. After planning the murder in a church parking lot, her boyfriend suggested that she cut her mother into pieces and dispose of the body in trash bags, but she said she couldn't do that," (Keith Epps, Free Lance Star).

Remorseful Feelings
She pleads guilty for first degree murder, using a firearm in the commission of a felony, and will now serve 48 years in prison. She was seventeen at the time but was still tried as an adult. Her boyfriend was also convicted on an accessory to murder charge. Her father still comes to visit her at the county jail and explains that he has seen remorse for her wrong doings and when asked by prosecution how he feels towards his daughter he says, "She knew she made a mistake and she knew she could've listened to us". Even though her father has learned to accept that his spouse is no longer here, he still has an unexplainable feeling about the crime. When asked about the impact of losing his wife, whom he had known for more than 50 years since he was a thirteen year old he states that, "When you lose your wife of 44 years it's hard to explain," "You don't wake up"(Tracy Bell, Stafford County Sun).

Harmful Thinking
When hearing the news of a type of crime as this one it's only human nature to think why this seventeen year old girl has done such a thing. It's understandable to be against her actions but it becomes a little different when you find out some of the reasons as to why people are against them. As I read into various articles about the teenager and especially the article by ABC 7 News, I come to see that most comments are not worried about why she had done the crime but instead worried about what nationality she is and assuming that she was a worthless person to begin with. In an anonymous comment someone says, "I knew this gal would be white based on her name, the description of the crime, and my knowledge of Stafford demographics. About 10% of rural Stafford has the last name "Chewning". Regardless of her color, this young lady is a menace to society and needs to be locked up for good. Hopefully by the time she gets out, she'll no longer be able to breed and produce more murderers." This person stresses the fact that he or she is so knowledgeable of knowing what kind of person she is by her name and the type of crime, but then states that it doesn't matter and brings in unborn children who also, aside from this persons remarks, doesn't have anything to do with the crime at all. In another comment it says, "They also neglected to say which category they fall into. If I had to guess I say their black and I've got my reasons...oh I've got my reasons." Again, people are worried about things that doesn't help or change the situation nor gives a chance to make people think, what if this girl should be accepted an apology or given remorse?

Accepting Mistakes
As some of the public were against her others in the court system tried to lower her sentence by believing that it was all her boyfriends fault. Dye's attorney, Terrance Patton tried to get the judge to lower the sentence down to 21 years and two months but prosecutors Ed Lustig and Michael Hardiman argued strenuously against that. "There's just no getting around the horrific, savage and brutal manner in which her mother died," Lustig said. He also scoffed at the teenagers attempt to blame her boyfriends break up threat for her actions. "You killed your father's wife of 44 years so that you could keep your boyfriend of four months?" Lustig asked (Keith Epps). These statements might sound as harsh as the actions the teenager chose to do but can love really affect someone to this extreme?



Work Cited

Allbritton Communications Company 2012 ABC 7 News article, http://www.wjla.com/articles/2012/01/ashleigh-nicole-dye-pleads-guilty-to-killing-mother-71571.html

The News Desk Fredericksburg.com article by Keith Epps, http://news.fredericksburg.com/newsdesk/2012/06/04/stafford-teen-gets-48-years-for-killing-mother/

Stafford County Sun TownNews.com article by managing editor Traci Bell, http://www.staffordcountysun.com/news/article_18e57af1-65fe-5c8b-87c6-5dffa808a7a8.html

Drinking but NOT Driving?

Virginia's DUI Regulation
"Virginia has some of the most serious DUI laws in the country. A blood Alcohol Content level even below .08 can still result in a DUI arrest and conviction (Marina)." In Stafford County, the police officers seem to always be on the move. Every time there is an event occurring, whether it's at a party lounge, restaurant playing an important game, or an upcoming holiday that is around the corner, they are watching and prepare themselves to be on the alert for trouble. These are the times where most people will be out, some will be drinking, and some will enjoy their time a little bit too much.

Facts about DUI Consequences
According to the Virginia's Laws and Defenses for drunken driving charges, if caught drinking and driving and it is your first offense, the mandatory minimum penalties are:
1) You must attend ASAP classes at your expense
2) Your driver's license will be suspended for a period of 12 months
3) If you are granted a restricted driver's license, you must pay for and use an ignition interlock device
4) If your BAC level was between .15-.20, you must serve at least 5 days in jail
5) If your BAC level was above .20, you must serve at least 10 days in jail
6) If you had a child passenger in your vehicle at the time of the offense that was under the age of 18 at the time, you must serve at least 5 days in jail - with an additional fee between $500.00 and $1,000.00
7) If your BAC was above .15, your vehicle must be equipped with an ignition interlock device for the first six months of your restoration of driving privileges
"The standard DUI penalties will always include a probation period for one year called good behavior, alcohol classes from a court-ordered ASAP program which costs about $300, a fine which is expected to be between $250 and $500 on a first offense, lose of license for one year with a possible restricted license, a jail sentence with some or all of the time suspended, payment of court costs, and the ignition interlock device (Marina)."

Giving Himself a Reward
About a week ago, one of my family members went out to enjoy the long weekend that just passed. He went to a nearby restaurant and lounge that is only allowed for people over 21 years of age. Normally, he would go to these places with friends or other family members around his age but this time he went alone. As he continued to enjoy his night he began to drink a couple of light beers, around two or three bottles exactly. He felt fine and didn't feel intoxicated at all but when three in the morning came around and the lounge began to close he felt himself getting a little tired. The night before, he had worked a 12 hour shift and didn't get much sleep the next day because he had to work another 8 hour shift. Knowing that he was really tired, he still wanted to reward himself by going out and having a couple drinks, being that he just got hired from his new job within a month of looking after moving to Virginia from Florida about two months ago.

Arising Problem
He walked to his car and immediately turned on the heater because it was pouring cold rain outside that day. While he was in his car he received a phone call from one of his old friends in Florida, getting carried away he ended up talking for about an hour. After hanging up, he explained that the mixture between the sound of the raindrops hitting his car, the hot air warming up his body, and his long overdue sleep is what caused him to fall asleep behind the wheel. He was still parked in the same parking lot where he left the lounge and still had the keys in the ignition. His car was on, he was sleeping, having a few drinks in his system, and he didn't know what kind of trouble was coming to look for him soon.

His Consequences
As he awoke, there were bright lights shining right in his eyes and loud sirens banging in his ears which startled him. The first thing he thought to do was to turn the car off and throw the keys into the passenger's seat. Sure enough, it was a police officer who came up to his window and at that moment he knew he had made a huge mistake. The officer ended up taking him to the regional county jail to stay the night because of the fact that he did have alcohol in his system and they wouldn't let him leave until his blood alcohol content level wore off. "When first receiving your license you agree to sign the "Implied Consent Law", which allows an officer to perform a test of your blood, breath, or both to be able to determine your BAC level. Virginia's "implied consent" law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been drinking under the influence, then you consent to taking a chemical test of your blood, breath, or both for the purpose of determining your BAC or the presence of drugs (NOLO)." He did have to perform a breathing test when he arrived to the county jail and his results showed that he did have more than a BAC level of .08. He didn't leave the county jail until three in the afternoon the next day which caused him to miss a work day from his new job but luckily, he didn't receive a DUI because he wasn't necessarily drinking and driving and he took the key out of the ignition before the cop arrived to his window. Even though he wasn't charged with a DUI, he did have to pay a $110 fine for public intoxication. "Public intoxication charges, often called being "drunk and disorderly", is a legal charge alleging that a person is visibly drunk or under the influence of drugs in public. It is usually a misdemeanor crime under state and local law. In many states, public intoxication offenses do not even require that you are drunk to be convicted of the charge. You simply have to appear drunk or high on drugs, even if that is not the case (Reuters)."

Being Aware
Coming from Miami, Florida he wasn't really aware of how different the system is in Stafford, Virginia. He obviously knows he isn't suppose to drink and drive but being so accustomed to doing so back where he use to live and not having the police around him as much led him to this wake up call. Having this extra bill to pay was only the least he could've gotten, while others can easily get there license suspended, a charge, and a bad record for a common mistake. The smallest sip you take can lead to having many consequences in this county and being aware of that is the best thing to do to learn how to stay away from getting into a big mess.


Work Cited

Article on " Virginia DUI Laws and Defenses for Drunk Driving Charges in Alexandria, Fairfax, Falls Church, Arlington, Prince William by the Northern Virginia Criminal Defense Law Firm  Author by Marina http://medvinlaw.com/alexandria-virginia-state-federal-criminal-defense-lawyer-attorney-law-firm/virginia-dui-laws-and-defenses-for-drunk-driving-charges-in-alexandria-fairfax-falls-church-arlington-prince-william/

Article on "Public Intoxication" by Thomson Reuters (Find Law) http://criminal.findlaw.com/criminal-charges/public-intoxication.html

"Virginia DUI: Refusal to Take a Blood or Breath Test" part of the NOLO network DrivingLaws.org http://dui.drivinglaws.org/resources/dui-refusal-blood-breath-urine-test/virginia.htm

Facing Time, Part Two

Saviors
Without the loved ones that brought you into this challenging life or the loved ones you meet along the way, your survival skills will not be at ease. Everyone at one point in time has been helped by someone else, whether it was a stranger from that 7 eleven store who jump started your car because it ran out of battery, to your own beloved wife or girlfriend who has helped you get to live that normal life you were hoping to have once you've been released from prison 15 years later. My father, Jose Oliva, continues to live with so much stress and weight put on his shoulders because of his past mistakes being an ex-felon, but luckily his family and his long term girlfriend has helped him unconditionally through out all his pain and the struggles he faces everyday.

Background
Jose was born in La Havana Cuba, a place where shoe's didn't have to be worn, rules weren't taken as seriously, and everyday was just another journey into seeking ways to live for tomorrow. Havana is the capital city of Cuba and presently has a population of slightly over two million. The city was founded by the Spanish in the 1500's and has a long and fascinating history. Privately owned companies were nationalized in Cuba and many rich and middle class Cubans fled to Florida and other countries in order to escape Castro and his communist government(knowaboutcuba.com). My dad entered into Miami, Florida as a non-citizen at the age of fourteen with his mother, father, and younger brother. He didn't start off well by hanging out with the wrong type of people, and ended up gang-banging and selling drugs which later brought his new long life in prison starting at 21 years of age. Being a non-citizen of the U.S. alone isn't good but when you add being a criminal caught in a country that your not from makes it worse. At this moment my dad is deporting on papers, he was arrested as a non-citizen, and in this country if you become a felon who wasn't born here, the slightest error you make is a huge thing. According to the Asian Law Caucus, if you have two or more crimes involving moral turpitude at anytime, a drug related crime, or a crime considered an "aggravated felony," which includes things like murder, rape, drug trafficking, fraud (over 10,000), and crimes involving theft or violence, it can conclude into being removed from the area completely or "deported". He now is waiting for the United States to have a treaty with Cuba to find out the decisions that are going to be made about whether he will be deported or not.

EAD Card
The first time my dad was released from a 15 year sentence was a tough one for him. In the United States you have to have an Employment Authorization Document (EAD) also known as a work permit, to be able to hold a job. Since he was fresh out of prison it was his best option, to receive an EAD card. Now, in the process of receiving a work permit it can take up to three to five months for it to go through successfully and only lasts about two years(Avvo staff). It is also required to pay 380 dollars yearly for a work permit. Within those three to five months how can he be expected to live without no steady income, bad credit or no credit, and no transportation? How can he even be able to pay for a work permit if he cannot find a job without having one? The court expects him to find a way somehow, and finding that way becomes very stressful if you have no one who has been by your side. He has been very thankful to have his girlfriend of many years and his grandfather there to help him out, and as they continued to show their care for him, they offered to pay for him to be able to get that work permit which he did receive, and which led him to find his job as a personal trainer.

Starting Over
His hope began to arise when he knew he was progressing and everything seemed to be going a little better. For him to have become a personal trainer, he needed to take a college course, which he spent a year studying for and passed when he took the test that was required. Without his grandfathers help to pay for this course, he would have been stopped once again in trying to get hired for a better job because he wouldn't have been able to find the money in a legal way, unless someone was there to help him. Unfortunately, when my dad was sent back to prison the second time for failing to meet up with his probation officer, it was also around the time that he needed to renew his work permit. Because of the fact that he was once again in prison, he lost his current job and had to restart his work permit process all over again.

 Moving Forward
In order to obtain a drivers license in Florida, you must first meet the identification requirements. You must show proof of your birth date and social security number (if issued). Immigrants and non-immigrants have different identification requirements. Once the state of Florida verifies identity and legal status, a drivers license or identification card will be issued within 30 days from Tallahassee and mailed to the address on the driver record(DMV Florida). He had achieved in getting his license and found a car but as you might think, how is he paying for the car, gas, and the insurance? Well his girlfriend again was there to help out with that along with his grandfather giving him a place to stay and food to eat. " Even though I dislike the fact of being taken care of I very much appreciate it, and I am happy to have these people still in my presence, " my dad explained. On a daily basis he has been living similar to a teenage boy, having everything being paid for him and working to use that small amount of money to help pay his own debts. Now his main focuses are to keep a steady job, stay out of trouble, obey the rules he has to follow with his probation, and to take little steps into reaching a higher goal. He also still attends backyard fights and even participates in some battles to maybe one day finding a name for himself in something he loves to do, MMA fighting. MMA and the UFC originated from the full contact sport of Vale tudo in Brazil, the UFC was created in the United States with minimal rules, and was promoted as a competition to determine the most effective martial art for unarmed combat situations. UFC fighters began to morph into well-rounded, balanced fighters that could fight standing or on the floor. This blend of fighting styles and skills became known as mixed martial arts (MMA) (UFC Zuffa, LLC.).

Having Strength
Imagine coming out of a hole after many years with no one to go to and no where to stay, how rough would that be? My father has been blessed but also faced with many challenges throughout his time which has made him as strong as he is today, but even with his strength he still has many weaknesses. As I talked with him over the phone earlier he said, "Beautiful, If I had the chance to go back and change my ways when I was younger I would, If I had the chance to be able to give you everything I lacked on giving you all these years I would, and if I had the power to help those who have helped me along the way I guarantee you I would." It's difficult trying to dig yourself out of a deep hole that has been built with time and effort, but by using that same effort and with time, that hole will soon be empty. He is constantly reminded day by day that he still has to be taken care of, being the grown man he is, and he doesn't like that at all but without that help he's had, the chances of him overcoming his situation would've been slim. It's hard trying to do things to survive the right way instead of the easier way, but as for Jose the right way was his way.


Work Cited

Article on "An Overview Of Havana, Cuba" http://knowaboutcuba.com/2012/04/an-overview-of-havana-cuba/

"Basic Facts About Removal (Deportation) Because of a Criminal Record" by Asian Law Caucus 1999' http://www.oac.cdlib.org/view?docId=hb2j49n7f1&doc.view=entire_text

"How to Acquire a Non-Citizen Work Permit" by Avvo staff c2013 Avvo, Inc. http://www.avvo.com/legal-guides/ugc/non-citizen-work-permit

"Non-United Citizens How to get your Florida's Drivers License" Florida DMV Online Guide http://www.dmvflorida.org/drivers-license-nc.shtml

Discover UFC "What is MMA and the UFC" http://www.ufc.com/discover/sport