Baby's Daddy

There are fewer words that cause me so much revulsion as the term "Baby's Daddy". What it leaves you with is a clear picture of a child who has been bastardized because some idiot didn't know how to use a condom. It paints a picture of someone who fails to support their child. This duty of support is so fundamental in the State of Arkansas that it exists even without court order.

All child support can go back to the day of the birth of the child. In fact that is the most common occurrence. The father can be held liable for laying in costs and the costs incurred during the birth. A father who has not established Paternity is called a putative father and has no rights at all. He gains rights when his parentage is recognized by the Court System and he both 1. Maintains a relationship with his child and 2. helps to support his child according to his means. Oftentimes you will be supporting the child by providing food, shelter, medical treatment and clothing. It would behoove you to retain checks, receipts, and to cultivate witnesses outside your family if possible that can testify to your actions which benefit your child.

The first thing to do as a "Baby's Daddy" is to get on the birth certificate by signing an affidavit of paternity. This can be set aside through the use of a DNA test to show that "Baby's Daddy" is someone else. Secondly you will want to establish your rights in a court of law, and, depending on the situation, you will probably want a DNA test performed. Really. Even if you trust her. So what do you do now that you have legal rights?

Usually, as a legally recognized father, you begin with visitation. At some point you can move for custody if it is in the child's best interest if you have followed my advice so far. By the way, this advice is applicable to Arkansas only.

Going for custody is more expensive and your involvement with the child's life to that point has to be significant. You lose a lot when you have a child out of wedlock and you are the guy. You have to fight for your rights immediately. Ideally, the mother of your child should support your efforts so there is no legal fight at all. Most often though, there is a fight just out of spite in a majority of the cases where the father is establishing his status to the child(ren) and demanding his visitation/custody.

Visitation is not only easier, it is a good fall back position if your going for custody. Really a no brainer. Especially since if you haven't provided support and developed a meaningful relationship (i.e. the child knows your his/her father) with the child visitation is about all your going to get. You should check your jurisdiction for standardized visitation guidelines.

Drug use, criminal convictions of certain types, and where you live are just some of the factors that can determine your visitation. Even if you and your lover are going to agree, you need to run everything by an attorney.

The warrant requirement

The warrant requirement is imposed upon all law enforcement by the Fourth Amendment's protection against unreasonable searches and seizures. There are seven well defined areas where there is no need for a warrant. These are, in no particular order:

1.Consent given voluntarily by someone authorized to consent and of age to do so (they can appear to have authority as well i.e. if they answer the door) waives the need for the government to have a warrant.

Coercion can take many forms. For instance, let's say you are stopped for following too close. To what, it doesn't matter, apparently in Arkansas you just have to be "not white" and driving a car with out of state tags...and they aren't profiling, whatever. Anyway, one of Arkansas' finest told the driver and his companion that they were free to go, but the car had to wait on the K9 unit to get there. Of course the occupant had to wait. And don't doubt that the K9 hit on the car. They then searched it and found the marijuana.

The basic concept is that they shouldn't be able to hold you longer than is called for in the original stop (following too close) without developing reasonable suspicion for further inquiry. That is one of the reasons that he trial judge threw the evidence out in the above case. They should not even be allowed to keep you waiting with casual conversation while they wait on the K9 unit.Once their business is done, bam, they should be off protecting someone else.

But, invariably, they will smell something, see something, notice behavior that lends them probable cause to search your location. If it is a car you will see that there is a special exception for it to the warrant requirement, but that does not mean you should give consent. If you do, then you have waived any chance you have to challenge the search based on a lack of probable cause which they still must have even if the area to be searched is a car. It is when consent is given that you must closely examine that consent to make sure it was given voluntarily.

2. Motorized Vehicles -- The very fact that a motorized vehicle can be so easily moved was first recognized by the Supreme court in 1925. Carroll v. United States (2657 U.S. 132). Of course if the Driver is arrested there can be a search of anything in reach. And if the officer has probable cause to believe that a crime is being concealed or that contraband is present, he can search without a warrant. It gets interesting when they are driving Mobile homes with safes in them.

 3. Impounded Vehicle Inventory -- To protect themselves the police are entitled to do an inventory of any impounded vehicle to guard against theft. Of course it is a handy way to get around the warrant requirement. 

 4. Search Incident to Arrest -- the search must take place after the arrest (not the other way around) and can include the person being arrested and everything under his control/immediate area. (wallet, purse, car, couch where he is sitting). This is based upon the need of the officers to ensure that they are safe when making an arrest.

 5. Exigent Circumstances -- Simply an emergency. Hear a person scream, kick the door down. You can search for that person you believe to be in danger. It is still o.k. when you find out they were hitting their bong and having sex. Still don't need a warrant then, well, until you discover the absence of danger.

 6. Plain View -- If the police are where they are lawfully allowed to be and see contraband or evidence of a crime, then they can make an arrest and don't need a warrant to enter and seize the items in plain view.

7. Caretaker Function -- If the police find a box on the busy freeway and remove it, they can search it so that they know what they are moving. If the police identify a car on the side of the road for a number of days they can have it removed to impound and searched simply to make the roads safer. 

 This is by no means an exhaustive analysis. Something that would help educate you on this issue would be to study how each of these exceptions developed through the case law. You have to know your rights.

That does not mean that you have to let them know you do.....any encounter with law enforcement should be recorded. Show respect, even if you don't feel it, but be firm when you refuse consent, ask why you are being searched, and determine if you are under arrest. At no time are you to make a statement of any kind to the police. You want to gather information from them, not them from you. You should leave their presence immediately upon being informed that you are not under arrest and are free to go. Leave! If they try to engage you in a conversation about the weather, they are buying time until the K9....

We rely on our prison systems to keep us safe. We want prisoners to both be punished and rehabilitated. But what if prisons are used to implement government policy to such an extent that the U.S.A., big on Democracy and Freedom, becomes the worlds largest prison state. Read about the Incarceration Nation. That would be us. Fact check it. I think this article is conservative in that I believe that there are more like 2 million incarcerated at any one time in our prisons.

Add to this that the Innocence Project has clearly shown that innocent people are a significant percentage of this prison population, and things get to be a little scary. They estimate that 2.3 to 5% of the prison population in the U.S. is factually innocent. That works out to be 20,000 people for each 1%. I believe I have that right. Fact check it.

Well, it is a bit more terrifying now. And with out police acting out such as in Ferguson and becoming more militarized every day and the uneasiness rises a few more notches. The bottom line is that Criminal Defense Attorneys are worth their weight in gold. Don't ever speak to the police without an attorney present.

There are horror stories such as the facility in Chicago at the Homan Square Facility. Well, a horror story to us because such places are illegal in this country and the authorities are running it! That place should be removed from the map (legally).

This is not the system I was led to believe existed when I was taught our political system so long ago. It is the reason that aggressive litigators are needed more than ever on the side of the individual. Never face the State or it's System alone.

Torture. What does that term say about a society. I mean, if they engage in it to any degree at all. Imagine if you will that because of your associations that you are picked up, isolated for years, waterboarded, humiliated, deprived of sleep, deprived of basic comforts (i.e. heat) and endlessly questioned.  Who would, who could stand up for you?

In the following story a man was handed over to the Syrians, you know the ones, on suspicion of being a terrorist. His government is pissed and trying to do something about it. It is a good study of a horrible situation, I hope you enjoy the rendition of a Canadian.

The fact is we are humans and facts alone don't mean much to us. We learn, and therefore, are educated best through stories. It is easy to see  in a bad Algebra class. Only the teachers who bring the numbers to life teach the kids anything. Dry facts with nothing else does not work. These guys have studied the best way to communicate and you should give it a read. It details the strategy and tactics behind storytelling from the point of view of management. My interest lies in communicating with juries. Whatever your interest I hope you enjoy it.

You wander through life wondering how in the hell can my all American kid get into serious trouble. I have kept him from drugs.....well, unless you remove their sexual desires kids and electronic communication devices are going to mix in the perfect storm. Here is how it happens: Teen charged as an adult with pictures of himself on his phone.

The Stress of our Fathers and Mothers can be passed on to us genetically. Or so says a a recent study. This is a very fundamental revelation and quite amazing. But what does it mean for our law. Does it justify the level of interference from DHS (or your version of children services)?

The problem with DHS in Arkansas is that they are overworked and have a bias that is off the charts. Made up of many good people, they are often viscous in their actions and see just what supports their actions against the parent. If you are poor you are more likely to lose your children. You seldom see rich people in trouble with DHS. Here is how it went down in White v. Arkansas. Right decision, wrong decision, we will never know. But, in either case, this is how it happens. Oh, DO NOT STIPULATE DEPENDANT NEGLECT fight it all the way, in almost every case.

I can't share so much of what I know due to the laws on privacy involving such matters. But I can tell you, never trust the State. Never assume that they are the least bit interested in the truth. They are busy and, right or wrong, they strive to close the case. They take minutes to determine things that will effect you the rest of your life. They will ask you to agree just to make things go easier, you have nothing to worry about, and you had better start fighting from the beginning and you had better document everything. Or you could easily wind up on a maltreatment list, in court on criminal charges, lose your children, or all of the above or any combination.

Here are some helpful tips when dealing with DHS  Even if you are not from Arkansas this might help you.

There is going to come a time when robots carry out the wishes of the rich. Indeed "bots" on computers trade stock, make purchases, and do various things that they are programmed for.

When the robots become our cars or gain the ability to walk among us the issues that arise are enormous! Take a look at this video to gain some insight on the basic issues that will have huge impacts, sometimes life or death, on our lives. Enjoy! 

Watch this. What do you think should happen?

Watching the Watchers

Here is an interesting article where citizens are policing the cops. I didn't even know it had become that bad in some areas. Good thing that isn't the case in a good portion of Arkansas, but I have heard rumors......read the article and see what you think: Watching the Watchers

I  thought I would upload this for your viewing pleasure. It is how to catch a rat in your organization. Be it the business club or your badminton team, Enjoy: Rats! Stop Snitching.

A Federal Judge in California did the right thing. He ordered that the children who crossed the border illegally be released ASAP. And the mother should be released as well when possible, according to the ABC website which is linked here.

The police not only have a secret jail in Chicago known as "Homan Square" where they can torture the truth out of you, but they, and indeed most police agencies possess this, it is called the Reid Technique. If you follow the link you will read an interesting paper on the Reid Technique.

It seems that once apprehended, rightly or wrongly, it makes no difference, we lose the ability to ask for an attorney and our body undergoes changes placing an air intake valve right where our anus used to be so that we can talk to the police without taking a breath. If you are a suspect, and if the police haven't caught their man, then everyone is a suspect, don't talk to the police without an attorney present. And the attorney, unless he has a reason, will probable either not issue a statement or do so in writing. Everything you say will be looked at to see if it implicates your involvement in the crime no matter how circumspect. i.e. Were you in the geographical region when the crime occurred, yup, well, confess so we can move on to the next case.

The men in blue are under paid, under appreciated, and under supervised. There is no reason not to have body cameras on each of them. Where the Reid Technique is concerned the interview takes place in a room that is either small or made to look that way. All I have seen have a recording device hidden in the room or out in the open.

There are nine steps to this approach. That being said, I have never seen an investigator worth his salt that didn't also look for innocence, but to see how institutionally biased this "Technique" is  you only have to look at the first step of the 9 step process

1.  Step One of the interrogation is called the direct positive confrontation. This is a procedure to advise the suspect that the investigation clearly indicates that he is responsible for the commission of a crime. You should know that the Supreme Court has endorsed this kind of trickery, and much much more. Think about that. (Consider a forest fire where the fire was started by a cigarette being thrown from a window. Might have been you, you smoke after all, and you were on the balcony earlier.....) This parenthetical was taken directly from the Reid Technique article linked above.
2. Step Two of the process is theme development. This sounds relatively harmless, but it is insidious in it's effect. Theme development is a method of lying whereby you reinforce the justifications in the suspect that support him having taken the action and committed the crime. Heck, I watched a good friend of mine get his client fined $500.00 for killing her husband. He used the "he deserved killing defense" The police will reinforce the concept that you removed a blight on society if it serves the purpose of the case. Obviously this step is as adaptable as it has to be. It is where the state capitalizes off the human frailties of wanting to help to draw you closer to the exalted role of "person of interest" or better yet (for them) primary suspect.
3. The following is taken directly from the article The Reid Technique of Interrogation by Brian C. Jayne and Joseph P. Buckley. --"Steps Three and Four both address statements the suspect makes during theme development.  Most guilty suspects and all innocent ones will offer denials during theme development. An important principle with respect to denials is that the more often a suspect denies involvement in an offense, the more difficult it is for that person to tell the truth.  If a suspect is permitted to voice too many denials he becomes committed to that position and no amount of persuasion will allow him to save enough face to tell the truth.  For this reason, the investigator will discourage the suspect from offering weak denials." Three fourths of the technique so far is focused solely on "Theme Development".
4. Step Five is designed to get the person being interviewed to relax somewhat. His attention is directed to the Theme. If you will recall the "Theme" is anything that makes the suspect feel justified or not to blame in the crime as it occurred. 
5. Step Six comes from a very old trick indeed. Have you ever heard an old attorney ask you "Do you still beat your wife." It is an example of an impermissible question that naturally assumes the answer so that there is no right way to answer it. Indeed the solution is to NOT answer the question. Well, here at step six the officer who has moved in closer to his suspect, who has already developed a self reinforcing, but otherwise meaningless, justification/excuse. He has already in step five tried to get him to lower his guard which works best if your innocent and know you didn't commit the crime. What did you have to be afraid of anyway. Protect and serve, you will be thinking that your on the same side, but you are not.
6. Step Seven is called presenting an alternative question. "Did you do it because you had to feed your family or were you really trying to hurt those people?" Hopefully you can see the false logic and manipulation happening in this step. The kicker is that this step is prohibited from containing any real substance in the way of an agreement as to consequences if you confess. It relies wholly trickery and manipulation along with a fine understanding of human nature.
7. Step Eight Secure the oral confession   
8. Step Nine Paper it up. Get a signed confession if you haven't already recorded it which is what everyone does. They then produce a transcript if the session was helpful to them.

So, the police have a reason to like you. If it is a good investigator he will have you nailed nine ways to Sunday. If the investigator is lazy then he will solely use this technique in an attempt to wrap it up quick. The good ones always have a series of questions that they know the answer to, or hopefully they do. And they use these questions to develop responses from you and gauge their truthfulness.  Don't lie to the police. Don't say anything other than you want your phone call and you will not speak about this or any other matter without your attorney present.