Archive for December, 2010

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Free Cab Rides on New Year’s Eve

December 31st, 2010 | Posted in DUI/DWI, Local Issues by bloom | No Comments »

In their ongoing effort to reduce drunk driving accidents, the Jefferson Parish Sheriff’s Office will be offering free cab rides home to any Jefferson Parish resident who has had too much to drink this New Year’s Eve.

Photo Courtesy of woodlandhillwinery.com

If you have a few too many drinks tonight, don’t get behind the wheel. Call 911 and request your free cab ride. You must tell the dispatcher your location, and a taxi will be sent to take you home. The program only allows for free rides from locations within Jefferson Parish to any residence in the parish. The program does not allow for free rides from any other area, including New Orleans.

If you are celebrating the new year, think ahead and plan a sober ride home. The Safe Ride Home Program should reduce the number of drunk drivers on the rode, but officers will still be patrolling the streets. If you or anyone you know is charged with a DUI, Bloom Legal can be contacted at 599-9997 for the best DUI defense in the city.

MI Man Facing 5 Years for Reading Wife’s E-mail

December 29th, 2010 | Posted in Internet/Technology, Legislation, National Issues by bloom | No Comments »

In a story that has garnered considerable attention today, Leon Walker, a man from the suburbs of Detroit, is being charged by prosecutors for accessing his wife’s e-mail account and reading her e-mails.

Photo Courtesy of NYDailyNews.com

Prosecutors in the case are using an unprecedented reading of the Computer Fraud and Abuse Act (CFAA) traditionally used to prosecute highly skilled hackers who commit security breaches.

According to sources, Mr. Walker accessed his wife’s e-mail account using her password which he found in a a notebook. He claims that he read her e-mails suspecting that she was carrying on an affair, a suspicion with proved to be true. The discovery of the affair led Mr. Walker to be concerned for the safety of the woman’s child who apparently had witnessed violence perpetrated against his mother by the man she was currently carrying on an affair with (her second husband). The defendant used the information obtained from the e-mails to alert the woman’s first husband (the child’s father) to the situation prompting him to file a custody order.

While it is certainly not advisable to attempt to access and or read anyone else’s e-mail, it seems clear that the original intent of the CFAA was to protect citizens against advanced computer hackers and not to impose severe sentences upon people such as Mr. Walker who do not have a computer hacking background and pose no real security threat.

If you or someone you know are facing charges for an invasion of privacy or hacking, contact Bloom Legal today at 504-599-9997 to schedule a free consultation to discuss the details of your case.

Confederate Civil War Reenactments on the Rise

December 28th, 2010 | Posted in Local Issues, National Issues by bloom | No Comments »

With the approach of the Sesquicentennial anniversary of the Civil War, states throughout the Southern region of the United States have seen an increase in Civil War Reenactments.

One of the most prominent reenactments is expected to be the re-creation of the swearing in of Confederate President Jefferson Davis at the State Capitol in Montgomery, AL. Reenactors will also be raising the Confederate flag at a location near the Capitol.

Reenactors in South Carolina also recently held a “Secession Ball” which has garnered some attention.

These events have understandably drawn a significant amount of criticism and protesters are expected to rally outside of them. Black legislators fought hard to win a lawsuit in 1993 that ended Alabama’s practice of flying the Confederate flag over the State Capitol and find the upcoming reenactment to be a distasteful glorification of the Confederacy and the legacy of slavery.

Many reenactment organizations maintain that the Civil War was fought over states’ rights, while dissenters assert that the rights the states were fighting over were the rights to slavery and that therefore these displays attempt to euphemize a disgraceful and shameful part of American history.

These upcoming displays raise interesting questions over Constitutional rights to free speech as well as certain discrimination issues.

If you or someone you know have been a victim of discrimination or have had your rights infringed, contact Bloom Legal today at 504-599-9997 to schedule a free consultation to discuss the details of your case.

Popular Frenchmen St Music Club to Ban Smoking

December 27th, 2010 | Posted in Legislation, Local Issues by bloom | No Comments »

d.b.a, one of the most prominent Frenchmen St music clubs in New Orleans has announced that starting January 3rd of the new year, smoking will not be allowed inside.

d.b.a will join notable New Orleans music venues such as Tipitina’s and Republic in its adoption of a smoking ban. Management states that the move will represent a positive change for employees and performers at the venue who traditionally had to tolerate considerable amounts of second-hand smoke whether or not they themselves were smokers.

Photo Courtesy of red crossse lan prc

Indoor smoking bans are becoming prominent across the United States as concern for the health of employees and patrons as well as awareness of the danger of smoking increase.

Smoking bans in New Orleans are expected to be received without much resistance as long as the city maintains its long tradition of allowing open containers of alcohol on the streets.

If you or someone you know are arrested for public intoxication or another “party-related” crime, contact Bloom Legal at 504-599-9997 to schedule a free consultation to discuss the details of your case.

Underfunded Public Defenders Forced to Cut Services

December 22nd, 2010 | Posted in Courts, Local Issues by bloom | No Comments »

The Orleans Parish public defender’s office has been underfunded for years, but what was a cause for concern has now become a crisis. The office has instituted a hiring freeze, initiated plans to reduce legal representation, and cut pay to management employees in order remain within its shriveling budget.

Photo Courtesy of stateline.org

As grants given to the office after Hurricane Katrina have begun to run out, the office has been imploring the state for more funding but with little success. To fill the gap left by the waning grants, at the end of each fiscal year the state public defender board has scoured its own budget for any remaining funds. However, this year there was simply no money left over to prop up the Orleans Parish office.

The office is underfunded partly because Orleans Parish judges have failed to impose the mandatory thirty-five dollar fee on guilty defendants which helps to support the public defender’s budget. The Louisiana Public Defender Board has filed a lawsuit in an effort to make the judges impose the fee.

Public defenders in municipal and traffic court will now have a workload twice the size of last year’s forcing a drop in the quality of representation. For an experienced attorney who will give your case the time and personal attention it needs, call Bloom Legal at 599-9997.

Gulf Coast AGs Urge BP Claimants to Consult Attorneys Before Accepting Payments

December 20th, 2010 | Posted in BP Oil Spill, Local Issues by bloom | No Comments »

Attorneys General in Florida, Alabama, Mississippi, and Louisiana issued statements over the weekend urging BP Claimants to consult with attorneys before accepting payments from the oil company and its representatives.

Photo Courtesy of cardozo.edu

These statements surfaced in the wake of an announcement by BP Claim Czar, Kenneth Feinberg, which indicated that claimants would now be able to accept payments in 3 forms: Interim, Final, and Quick Payments. According to this new system, claimants could accept Quick or Final Payments in order to speed up the payment process but would receive less money in the long run and would also be required to sign away their rights to sue BP in the future.

Accepting Final or Quick Payments would now mean that even if claimants suffer future damage from the Oil Spill which they are either currently unaware of or has yet to display its effects, they would be prohibited from suing BP for damages.

If you or someone you know are considering or have already filed a claim against BP, contact Bloom Legal today at 504-599-9997 to discuss the details of your claim before accepting payment from BP to make sure that you are not waiving rights or compensation which you may be entitled to.

Pot Possession and Prostitution Reclassified as Municipal Offenses

December 18th, 2010 | Posted in Courts, Local Issues by bloom | No Comments »

Before Thursday, a person who was found possessing any amount marijuana or involved in prostitution would be immediately arrested because the crimes were only illegal under state law. The New Orleans City Council has voted unanimously to reclassify these and two other minor crimes as municipal offenses, so that an officer has the option of issuing a court summons rather than making an arrest.

Photo Courtesy of cobbsheriff.com

This may seem like a reduction in punishment, but Police Superintendant Ronald Serpas claims this change is, “not being soft on crime but smart on crime.” Having been forced to make arrests every time they found the smallest amount of marijuana meant that police officers would be off the street for as long as two hours while they processed the arrestee. The person would then often be released within hours, even if they had not made bail, rendering the officer’s time useless.

The constant arrests also clogged the criminal court system that could be using the time for more serious felony cases. The municipal court is predicted to handle its new case load more quickly than the criminal court has been.

The reclassifications should be easier on the court system and on the arrested party. If you or anyone you know has been served a summons for the possession of marijuana, contact Bloom Legal at 599-9997 for a free, no-obligation consultation.

DWI Checkpoint Downtown Tonight!

December 17th, 2010 | Posted in DUI/DWI, Local Issues, NOPD by bloom | No Comments »

NOPD has issued a statement today indicating that it will be conducting a sobriety checkpoint tonight (Friday 12/17) in the Downtown area from approximately 9pm to 5am. No specific indication as to the location of the checkpoint will be released.

Photo Courtesy of dps.nm.org

Drivers are advised to have the proper documentation (proof of insurance, registration, driver’s license, etc) available if requested.

Check out our printable Glovebox Reference Guide for information regarding how to respond when pulled over or arrested for DWI.

While we certainly do not condone this type of behavior, should you or someone you know get behind the wheel after a night at the bar and get arrested or charged with a DUI/DWI, Bloom Legal is here (504-599-9997) to provide assistance to you in getting all of your affairs back in order.

-Bloom Legal LLC 700 Camp St Ste 212 New Orleans, LA 70130-

Marijuana-Spiked Brownies Brought into Lafayette High School

December 15th, 2010 | Posted in Drugs, Local Issues by bloom | No Comments »

Last Friday a student of Lafayette High School complained of a stomach ache after eating a brownie at lunch. The schools resource officer then conducted a field test on the brownies and found that they had been laced with marijuana.

Photo Courtesy of examiner.com

An unknown number of students, including the student that became ill, were given the brownies without knowledge of their ingredients. Two students will face possession charges, and a third will be charged with possession with intent to distribute. The students were all between fifteen and sixteen years old.

Because of their age, the students have been released to their parents, and their names are not being revealed to the public. It is obvious that these young people have made a mistake that will stick with them as they apply to college and begin careers. It is hard for young people to comprehend the full consequences of their actions, and when these actions have long-term detrimental effects on their lives, it is truly a tragedy.

If your son or daughter has made a mistake involving drugs or alcohol, contact experienced legal counsel as soon as possible, so that the damage can be minimized. We at Bloom Legal offer free, no-commitment legal advice. Contact us at 599-9997 to arrange your free consultation.

Federal Judge in VA Strikes Down Insurance Mandate in Healthcare Reform

December 13th, 2010 | Posted in Legislation, National Issues by bloom | No Comments »

A Federal Judge in Virginia has ruled in favor of a lawsuit filed in March by Virginia Attorney General, Kevin Cuccinelli which claims that the mandate requiring almost everyone in the U.S. to have health insurance as part of President Obama’s healthcare reform bill is unconstitutional.

According to US District Court Judge Henry Hudson, the provision oversteps Congress’ limitations with respect to interstate commerce as delineated in the Constitution. Judge Hudson’s ruling differs from earlier rulings this year in which other judges have upheld the constitutionality of the provision.

Proponents of the provision argue that everyone, at some point, becomes a consumer of health care services and thus it is not, in fact, a constitutionally protected right to choose whether or not to maintain health insurance coverage.

According to the mandate, individuals who do not receive coverage either through their employer or seek it out themselves would have to pay a penalty. The insurance mandate does not take effect until 2014, however, so ample time remains for appeals and litigation.

This case is expected to ultimately arrive before the Supreme Court on appeal at which point the final decision regarding its constitutionality will be decided.

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