About Nancy Mayer, JD

Most, if not all lawyers must take Criminal Procedure in law school.  It is one topic that is tested on all US Bar Exams.  It is founded on the US Constitution, principally the fifth and sixth amendments.  These amendments apply directly to individuals interactions with federal law enforcement , and indirectly through the fourteenth amendment to interactions with state and local law enforcement.  

1.  Do not volunteer to be searched by any law officer. The first day of Criminal Procedure my law professor asked, “If you are stopped by law enforcement on the highway and they ask if you have drugs in the car, what do you say?  He said the only correct answer here is no.   The next question was harder.  “What if the officer asks, “Then you don’t mind if I search your car, right?”  While many people, thinking they want to be polite to law enforcement, would answer “No I don’t mind at all, go right ahead” the correct answer is, “Yes Sir I do mind, you may not search my vehicle without a warrant.”  This answer, which becomes second nature to lawyers, is obviously not intuitive to laypeople because law textbooks are full of cases where people gave permission for these searches.  If you give permission to have your car searched, law enforcement can and often does leave your car in pieces on the side of the road.  The same suggestion goes for home searches.  Never voluntarily submit to a home search.   You have a right to expect privacy  where you live, your home, apartment or dorm room.  

When law enforcement suspects evidence of wrongdoing, they can explain these suspicions to a judge who can issue a warrant if the judge believes there is sufficient reason. There are a few situations where a law officer can do a search without permission or a warrant. These mostly involve situations of imminent harm to someone or the fear that evidence might be destroyed.

2.  Do not voluntarily talk to law enforcement even if you are innocent.  Law enforcement is trained to do these interviews, lay people are not trained to respond to the questions posed by trained interviewers. You have a right to remain silent, exercise this right. Often people are allowed to leave during an interview, but don’t take this opportunity.  Walk away from an interview if possible. If you have reason you might be perceived as being guilty of a wrong, hire or request an attorney to help you through these interviews. If you need more persuasion on this topic watch the following presentations on YouTube.   

http://www.youtube.com/watch?v=6wXkI4t7nuc

http://www.youtube.com/watch?v=08fZQWjDVKE

There was a recent Supreme Court Decision that said that individuals must affirmatively assert their Miranda rights.  What this means is unclear until further cases are decided.

3.  Criminal Procedure is very complicated. There are too many ways to make seemingly minor errors that cause major problems. For example, there are exceptions to the Miranda ruling which allow law enforcement to use information provided by individuals evan if Miranda warnings have not been given. Attorney’s are trained in these issues. Get an attorney to help you though any criminal allegations.     

4.  Crossing the US border is an important exception.   When one arrives in the US from another country you are not considered to be on US soil until you have passed through customs.  This means that the constitution provides very little protection from search and seizure until passengers make it through customs.  Customs officers can tear your luggage apart with little reason, or even just randomly.  This is one place you do not have the right to refuse a search if you wish to enter the US.     

None of this advice is suggestion that you be discourteous to law enforcement. Always call officers, “Officer” or “Sir/Ma’am “.  Always be polite when you do not give permission to search, refuse to answer questions or request an attorney.  Don’t give law enforcement another  reason to detain you. You have certain rights.  It is not considered disrespectful to exercise your rights.  Law enforcement knows these rights and respect civilians who know their rights.     

Note: This is not legal advice.  I'm not your attorney.  Some of this information will vary in your state. This provides general information and a start in deciding what to tell your lawyer.

Nancy Mayer, Attorney-at-law

Since I’ve started writing this column for Diabetes Sisters eighteen months ago I have covered many legal topics that may affect you.  This column is an update on various previous columns.  I invite you to send in ideas for future columns. 

1. New Health Care Bill.  One of the changes in the new health care bill will require doctors to include diabetes screening in annual preventive care exams under Medicare.  These new preventive care appointments must also include tests for bone density, mammograms, colonoscopies and certain other cancers.   There will be no copayments or deductibles on medicare-approved preventive care.

2.  Identity Theft.  The latest way for criminals to steal your identity is through copy machines that are resold or given away.  Digital copiers manufactured after 2002 are equipped with hard drives that actually keep an image of everything that's scanned, e-mailed, faxed, copied, or printed. Critical and oftentimes confidential information may be included on that hard drive. Copying your tax return and other documents on these copiers could make all the data on your tax returns vulnerable. Be careful where you make these copies.  See this video for more information:  http://tinyurl.com/3yjvac8 

3.  Air Pollution. If you have diabetes you may be more vulnerable to adverse health effects from air pollution. People with diabetes may need to pay extra attention to where they live and the air they breathe.  EPA must design air standards to protect even the most susceptible populations. As  research continues, policymakers will have a much better understanding of susceptibility in the growing population of Americans with diabetes. 

4.  Supreme Court Updates.  

First, non-citizen defendants must be informed of all possible immigration consequences to any  possible plea bargain.  If a non-citizen pleads guilty to certain crimes they will probably be deported from this country.  Any non-citizen must now be informed of this risk before they agree to a plea bargain.   

Second, Miranda rights are not automatic any more.  Miranda rights are the right to remain silent and the right to an attorney.  A person must now tell interrogators that they don’t want to talk before the Miranda rights apply.  What this means will be hashed out in court for years.  But for now make sure you avoid incriminating yourself by speaking too much when law enforcement starts asking questions. In general it has never been a good idea to talk to law enforcement if you might be suspected of a crime.  Now it is more risky than ever.  

I hope you find these updates useful.  Please send ideas for future columns.

 Note: This is not legal advice.  I'm not your attorney.  Some of this information will vary in your state. This provides general information and a start in deciding what to tell your lawyer.  

Nancy Mayer, Attorney-at-law

The Federal Equal Employment Opportunity (EEO) Act prohibits discrimination in the workplace on the basis of an individual being a member of a protected class.  Under this law, individuals are included in a protected class based on race, color, religion, national origin, age (40 and over), sex, and disability status.   Many of these classes are also protected under other affirmative action statutes (e.g., Age Discrimination in Employment Act).  People with disabilities are protected under the Americans with Disabilities Act (ADA).  Since diabetes is considered a disability under the ADA, an employer may not use the fact that someone has diabetes as a factor in making hiring, assignment or promotion decisions.  A person can belong to more than one protected class. If someone feels they have been discriminated against in promotion, assignments or hiring decisions they may have a cause of action against their employer. 

The Patient Protection and Affordable Care Act (P.L. 111 148) and Modifications by the Health Care and Education Reconciliation Act of 2010 (H.R. 4872), commonly called the Health Care Reform Act, that was signed into law on March 23, 2010, does not really modify health care. However, it does change how health care is covered by insurance in important ways for people who have diabetes, or people who have children or other dependants who have diabetes.

Many people with diabetes have been denied coverage because they had a preexisting condition, diabetes.  These preexisting condition exclusions either denied insurance altogether or excluding the preexisting condition from coverage.  This meant that individuals would have no insurance for the one condition they knew they would need care for.  Congress passed a law that will resolve some of these inequities.  Below I describe some of the most important provisions that can affect individuals with diabetes.  This is just a short summary and does not contain all the specifics.  Please contact your own insurance company or other health management organization to obtain the specifics that apply to you.

Almost all, if not all, consumer groups are advising people to avoid signing contracts that have mandatory binding arbitration provisions. In an effort to save money many, companies write  mandatory binding arbitration provisions into their contracts with consumers.  Arbitration is a process where a third party is contracted to act similarly to a judge to resolve disputes. An arbitration is more informal than a court trial,   An arbitration does not adhere to strict rules of evidence and often results in faster resolution than a trial.