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Why have Political Ads Turned Anti-lawyer? Wu Tang, and Headline Stories Discussed.

Outlaw Lawyer / Josh Whitaker & Joe Hamer
The Truth Network Radio
September 24, 2022 5:00 pm

Why have Political Ads Turned Anti-lawyer? Wu Tang, and Headline Stories Discussed.

Outlaw Lawyer / Josh Whitaker & Joe Hamer

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September 24, 2022 5:00 pm

This week on the Outlaw Lawyer, Attorneys Josh Whitaker, Cassandra Nicholas, and Taylor Scruggs-Smith dive into the top legal stories from around the country. Political ads are heating up and some are anti-lawyer? Being a show hosted by lawyers, yes, we will discuss. Josh hit the Wu Tang concert and has a few thoughts. What are the legal ramifications of flying immigrants all over the country? Family Law question concerning prenuptial agreements makes the show as well. Enjoy this edition of The Outlaw Lawyer. 

If you are facing a legal situation and have questions call

Whitaker & Hamer 800-659-1186. Leave your name, contact information, and briefly what the call is about and an attorney with Whitaker and Hamer will be in touch.

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This week on the outlaw will Josh, Cassandra and Taylor. The wall is the discussion how it affects everything around us. We get into it today. And as always, the attorneys tackle all burning legal questions such as why have political ads turned anti-lawyer we've all seen them, what time can you be charged with for transporting immigrants to sanctuary cities and can you buy a gone.

If you have been charged with a felony. That's all coming up on the outlier and the outlaw lawyers we have Josh Whitaker, Cassandra, Nicholas and Taylor Scruggs Smith in studio with us today. Joe Hamer on assignment Josh Whitaker course managing partner at Whitaker and humor law firm and we have Cassandra and Taylor and they are attorneys at Whitaker and Hamer.

They have offices at Raleigh Garner Clayton Goldsboro Fuquay Farina Gastonia and Morehead city and their pricing attorneys here in North Carolina I'm Morgan Patrick consumer advocate in each and every week we get into legalese. We also give you an opportunity if you got a legal situation and you've got questions, you can always get in touch with Whitaker and Hamer by calling 800-659-1186 that 800-659-1186.

You can also email your questions to the show that's will answer on future program but when you call that number 800-659-1186. Just leave your contact info. Briefly, what the call was about an attorney with Whitaker and Hamer will be in touch. So here we go folks Josh what he got for us what we we had a couple things today Morgan we could legal topics and or sometimes we get off of our mission here and we we stray but great topics today. All legal all fit for the outlier's to discuss before you anywhere. Cassandra Taylor has been paying attention to the political ads you see in those yes so many hitting me already too early that much. I just this is I don't want Steve hasn't gotten older I really you know I get up to take a shower and get ready in the bedroom always turn on the news is really the only news I'll watch is just kind of the local news in the morning really just for though the weather and in the traffic, you know, but the political ads or are killing me and then I do like to watch Jeopardy and the political ads really really hit your hard-earned are in jeopardy. But I've noticed you know we got I think the two races that I see the most political ads for yes Sherry Beasley's running against Ted Bud for ascendancy, and I guess does it visit Bo Hines and Wally Nichol that are running for the congressional seat and Sherry Beasley's hers is the one that always puffed up on YouTube for me all the time it's on you yeah you all the time all the time and and I get it wearing that season that that's what happens but you know political ads of F, you are not really trending up right they they seem to get dirtier and dirtier and then more mudslinging be if that's a word as as we get closer and closer to the election, but have noticed and again here, thou lawyer. Our attorneys were all different political affiliations. We really try our best to stay apolitical citizens, not a political commentary by any means, but I have noticed that the ads against Wiley Nichol and Sherry Beasley there both attorneys okay and so it seems like the tactic that the other side is taken is to make them try to make them look bad for their profession for what they do for being attorneys of you guessing those that have you seen that yet they've been really intense and they make me giggle and cringe simultaneously. Every time I see that real quickly. Can you giggle and cringe and say it is. When did every day. Every day the Wiley Nichol and is the one at first, I don't really pay a lot of attention and there's a will there's one against Wiley Nichol and it's it's saying that you can call you know if your child if you're pedophile of your child, pornographer, you can call Wiley Nichol. He'll defend you as long as you've got money you mean a defense attorney. I turned my my boys are in the room with me watching this right. My wife is like he's a criminal defense attorney that's that's his job as his job.

You know what images they just did and it's is it you know it's it's very effective. If you're not thinking about it right. If you like Mike.

You know, like, but in Sherry Beasley, Sherry Beasley's very accomplished attorney shall cease a Supreme Court justice.

I was in court during the pandemic and just a very widely respected amongst attorneys again.

I think she's running as a Democrat were not here to support Republican versus Democrat, but among attorneys. I know very few attorneys that have a negative impression of of Sherry Beasley, especially those who follow with the Carolina Supreme Court does in the opinions they write in an issue and they have an attack ad against her ticket. She worked for the law firm that did. I guess to some lobbying I'm basing this all political ads.

I don't having research this when I see all the time in their these things were lobbyists selling really care about the individual person because of her previous job and I'm just like most guess if that's the.

The toughest mother you had the dirtiest mother you have to sling that's not a lot, and that actually you know and I don't know what I don't want a nonattorney, how a nonattorney feels about those ads I having research should she do a poll right collated if if those ads worked on you. If you if you would never vote for a criminal defense attorney to serve in any kind of public but they never say like he is a criminal defense attorney like they don't see it that I think if you aren't thinking about it any adware it says the other person defends pedophiles is it something deep down that's going.

See you to get it. It's been kilometer that the turn of these are taking in and you know is should I really like Sherry Beasley's counteracted.

She has some of the other Supreme Court justices in North Carolina, on both sides of the political spectrum, step in and saying hey Sherry Beasley's pretty good and you should supporter in like that. I like that worse moral media.

I don't know that the mudslinging ads they must be effective. People doing the pay millions and millions and millions of dollars to build. It reminds me of was a movie with Will Ferrell and Galifianakis for the rent against each other. Billing Ferrell gal Galifianakis the running against each other to be a senator in North Carolina obviously have to Google is already gone away. There's a movie is very funny as Scott gal from Nick Galifianakis and his God will Ferrell in the running for Senate seat in North Carolina stole premise of the night.

But anyway that would that's disappointing.

But anyway one of the scenes campaign sign about that campaign I can't type very fast.

Sorry so will Ferrell's is this kind of character of a of a bad senator. You know, he doesn't really care about is folks in his right knee is this high paid Gattaca mayonnaise usually punches the baby by accident. You never saw that they punches the baby back since he's got his pain has to like come back from necessary calls as high-powered media guy who does these crazy ads to try to like get them back on track and make people think more negatively about it is his opponent as opponent has a beard. So one of them is like accusing the guy being in the tally band right near where was he on 9/11 and no one knows you and I just disliked bombastic like terrible ass with her mind, but I wanted at least here on our show.

Just tell everybody that it's okay for your criminal defense attorney. That's your job to defend people who accused of a crime under their Constitution. 30. That's right. If we get to the point, as a society where we frown on that end and we don't think people deserve a defense that we've were were get into a bad spot but I know maybe we should do a show with you all the really bad lawyer jokes you've heard over the years and I am sure there quite a few filling out easily. The talk about is only any of you has relating by get to Wu-Tang things that not able to go. I was like I saw your picture on Facebook and I just stared at it was like this is it fair and I liking the sound off and like going to go pick my dog so really you know I like to go to concerts got a chance to go with some friends to see Wu-Tang had a really good seats in the lawn. I'm too old to sit in the lawn for the shows that are packed out, but it was packed out.

It was packed with her miss a lot of people right if you see Wu-Tang now obviously old dirties passed away right method man was not. I don't know if he's on the tour but method men was not there was not advertised to be there but wasn't there. There's missing a lot of the unity group in the 90s when when Wu-Tang really came up there missing a lot of their their top gun. Jenna and it reminded me of going to see one in Skinner. Like in the 90s right.

You see, when his skin and kisses Leonard Skynyrd you grill the winter Skynyrd. But like half the band is gone right you died in a plane crash right so you're you still going enjoy the music.

It's almost like a tree that at some point right best, I know a lot of people draw comparison between going to watch Wu-Tang in the 2020s and going to watch Skynyrd in the 90s. That's what it reminded me of the comparison process like you want to Michelle.

The formal former band or outfitter group, but it sounds like you're almost complaining but you really enjoyed it in my right.

I did enjoy it. I didn't. I did enjoy it I do I go next year if they come back again next year, but I also tell you it was slam packed.

I don't know their commitment anymore.

People now on. I don't know what the laws are the rules are for the amount of people that can be on the lawn at any given time, but it was craziness because of her sing Wu-Tang or Skynyrd never never had a chance to guess the only thing constant is living like the first time I couldn't could have gone them. We had other things we had old silane unit. The first two are really only ones I've listened to United really I didn't keep up anything after the 2000 I'm not good with new music that's about when I aged out how, then, 20 years ago 2000 2003 is pie when I was following often it happens that something that happens the people happen. You gotta grow up right lately. We got we have a lot of legal topics.

The first thing you want to do you know here.

Michelle would like to take news items that have legal components and can look at them through through an attorney's Lanza lawyers lands and so by the first lingering a look at. Use big stories on how log was Gov. Abbott in Texas and Gov. DeSantis in Florida or flying or busting immigrants from their states to sanctuary cities up north and the legal deck that came up in a couple of the stories look at the legal ramifications be for doing that yes it was a very popular story very upset.

Bombastic twice today and I never say that, but very bombastic story about that. There's a federal judge out in District Court in Texas who has a new new ruling on kind of an old gun law observations about mats we talked about on the previous show tromp former president tromp the FBI rating his own home and having a special master appointed. We talked about a special master actually was and why you would have one appointed someone to follow up there with that story exist, progressed, and then we have a FAMU family law based listener question and so we always do that when we have Taylor with us because Taylor is a practicing family law attorney.

I am not Cassandra is not some we have Taylor we always want to explore this family law listener questions because we we get a lot but that's Morgan that's we got coming up for the show today are a good stop. The alkali years, Josh Whitaker and Joe Hamer. They are your hosts.

The managing partners at Whitaker and Hamer law firm pricing attorneys here in North Carolina and are special in studio guest today, Cassandra Nicholas becoming a regular should be getting paid a little bit more Taylor Scruggs Smith also here on a regular basis and will get into all the different topics were just a quick reminder. Offices are located for Whitaker and Hamer and Raleigh Garner Clayton Goldsboro Fuquay Marina Castelli and now in Morehead city and if you have a legal situation you are facing and you need some answers to your questions. I got a phone number for you 800-659-1186. That's 800-659-1186 leave your contact information.

Briefly, what the call is about an attorney with Whitaker and Hamer will be in touch. You can also email your questions to the program will answer them on a future showing him coming up next. On the other side. Immigrants being flown or driven all over the country. The attorneys will talk about it next on the Myers by calling 800-659-1186. That's 800-659-1186 leave your contact info. Briefly what that call was about an attorney with Whitaker and Hamer will be in touch and you can always email your questions to the show I Morgan Patrick consumer advocate Joshua handed back to you where we going first.

First up more than we want to talk about a big new story was covered by everybody for the whole week I think.

Besides the death of Queen Elizabeth. This is by the second-biggest story, but we have a we have died to Texas Gov. Abbott Florida Gov. DeSantis, both of their states get a lot of immigration Avalon immigration through the borders. There and so they deal with an influx of immigrants and so you might again. We don't try to draw any conclusions that might be depending on how you view it may get the problem. Maybe that's a great thing, but either way they do have an influx of immigrants that come into their states that have to be dealt with process, you know, brought in and so that is been a source of frustration for those states. For a long time and they don't necessarily agree with how the Biden administration, or maybe even if you go back to Trumper bushman's been a issue for a long time. Only anyone's really solve the that the issue but anyway they seem pretty satisfied with it, so they can't took it upon themselves to bus fly. Some of these folks are coming to the country to sanctuary cities up north don't usually deal with a lot of immigrations because of where they're located, but I met on a salty storage right is not like the movie the campaign you guys so now I think I saw it mainly when he came up about everybody getting transported in some way seal on Martha's Vineyard and that was how the story started showing up on my social media feeds and things like that is like all these people ended up in his vineyard and light from you know reading some of these article it sounds like that they're complaining that you know they were promised opportunity schooling or something like that and that's why they got on the buses are the fights are what efforts he get transported out to these other areas, but then when they got there it was nothing. I said that's what they are alleging like this is a political stunt, they were really getting support yet not as a political statement whatsoever, but it's a good political stunt like what a clever like all you got sanctuary cities here. Some people write on. You start seeing the stories of several weeks ago.

You know, because I guess Gov. Abbott, at least the way I read it is you taken folks and giving them an option when you stay here or you can go to New York, Chicago, DC where my mind and somewhere else, but he was easy giving these folks some options that they would voluntarily at least this will Gov. Abbott said they could voluntarily take or they could just they were they were a lot of them didn't want to go to this what he saying a lot of these folks didn't want to go and so he's been busting folks of the Bronx and into Chicago and then that's been a new story for several weeks. DeSantis followed suit and made it bigger/yes) I DeSantis you know. Yes, I think VP Harris was on the news shows. I guess this past Sunday and watch a lot of those on Sundays, but was notable new shows and and pretty much I guess it seemed have stated everything was good at the border.

Everything was fine and that was ungoverned DeSantis display there was to fly.

I think private jets, I can't remember what the story was wet but fly folks to near her house right. I guess she has a house close to theirs at the LI wasn't here about that far yet.

You're telling her anything interesting finding is Riley is an active sheet, moving closer to you and so Gov. Abbott as far as I can read when you begin when you look at the legal aspects of this, which is what were concerned about here. When you look at the legal aspects Gov. Abbott, you know presents folk stuff. He's got translators he's got things in like 70 different languages is paperwork for each person that he's he's moving across the country and knows that he's really Donna's eyes and crossing his tease to make sure these folks know what's going on and there voluntarily accepting his offer to transport into two city of North the sanctuary city and using it, a lot of media coverage for it so it's at. That's what he wants him assuming he wants everybody else say this is what we deal with again, what you think. It's good reading is badges were dealing with, you need to understand what were dealing with is only the border states really have this this issue that they have to deal with an end to that effect.

It's it's really worked out well for him because certainly are wise talking about it and these these these cities are having to get the federal government involved with the Martha's Vineyard one was really that's the one where I think there's a couple folks investigating it. Yes, were not. They open investigation because they weren't sure or semi-alleging that immigrants were actually told their options. They were on the buses that subpoena light. The legalities like reading these articles.

Honestly, none of us handle immigration laws that were going off of research that we've done, but a lot of them are saying about how technically once the border officials have given them their paperwork and their where their court date they're allowed to travel across the country so yeah that's my again. Yet we do not do not practice immigration laws very interesting area of law that very specialized and so are the attorneys that practice immigration law that is there entire practices immigration law obligate away understand is once someone is entered the country and they been found to be, you know they've immigrated here. They are processed. Given a court date and then an encounter release time standards a big backlog right is is, take him want to get Corbett in there.

They are allowed to travel their loud leaves of this is all voluntary, then there's no no charges to be filed I what I would think if they cannot prove it was voluntary then went further to run into is Friday. I'm wondering what the plan is. So they're given a hearing date and if there somewhere else in the country with out like the governor has brought them there, but they have no way to get back for their hearing date. And then there in violation that sounds like what some of the people are concerned about, especially for those that are seeking asylum. No, I think that's why they are there so much new story about this now definitely creates an interesting conversation which I think is it was the point course can commit a crime to do it right so I think the folks out there who think this was a a stunt by DeSantis show their calling for kidnapping charges you these people to know what you were doing and you forcibly remove them across the country. I don't any that is gonna stick them how I would assume that the folks down there in Florida have all their documentation and can show everybody voluntarily was on board, but what I'm really interested in you, I did start the conversation against homage to see where it goes. It is, like these. These ads were just talking about the demonize attorneys political ads, it's a it's a political stunt, trying to make you and that's when you that's what you are bad or how are you might guess you talking about X if you support DeSantis anything immigration.

The problem of the federal government is not doing much about it. You are really popular like rights tickets home and if you if you don't feel that way and you're horrified that you note, the immigrants were treated in this manner racist inflamed size as get us any closer to to a solution, but it deftly got everybody talking with which I guess was the point. There actually was another article. I think I saw just this morning. They are now considering housing people on cruise ships. Because of these type of immigration problems at border states sound a lot more people are to start to talk about how people are coming in and where they are staying in general. This is start conversations in like five different areas of immigration law and just I'm just curious as we as we come to the end of this this news item. Cassondra and and Taylor are younger than me by a decent amount of years there stretch just right decent amount but just curious like to know how to get most your news later. What do you follow to follow actual news sources and then most of time there's a lot of us people on twitter who will get a new story and go out and talk to the people in the area more so than some of the bigger chains are able to do sometimes go. I honestly find out things through my twitter feed quicker than I will see the new story for you but on my twitter feed you're following.

We would maybe call traditional news outlets. Maybe newspapers sing and that kind of stuff. So you're getting those things in the you're also getting more nontraditional yet so it's a nice mix for me and I get out my knee using think I saw it drop: twitter first about Queen Elizabeth dying before I saw CNN or anybody else, and run the story for you that this is not meant to be a demeaning question. I'm always very interested as a kind journalism background, how people get news how people absorb news house and you click on something and yet the summary on twitter, but how often do you click and actually read what's there tends because when a lot of the big new stations are doing now is that if you're not paying a fee.

They won't let you read the story to be a taste dry fades out your price that you only get one free article a day, so if I see it on one thing I really really want to know it's going on out try to go on Google's Titans and keywords and see if I can get a free article somewhere else, but sometimes all I can get is a summary which is why I like my other nontraditional sources because they'll give you the full article for free and it links back to that big new source the day adding some more information so I feel like I still still stay well rounded and the information I'm getting was a Cassandra, we do keep like traditional news media on just in the background home but my other main sources. Probably Instagram where I do follow a lot of the main traditional media outlets but then some of the like really breaking news comes through like Jerry news because I am. Brian was there stuff but maybe a little less than the biggest media outlets so there stuff comes through a lot faster because they're not doing more that background works. I learned that pesky very things I learned about the queen passing from them, and I really like following outside of the US news sources on Instagram like BBC and then clicking on their headlines about American news just to see like what they think about the British ones are always hilarious yeah yeah there that of their fans to go to go to BBC. They have headers up top and they have a US Canada and are you just click on it and there the headline so you can, go check it out. But BBC is very very good and I've never I don't know if they have different restrictions for like pay walls but I've never been blocked out of their content.

I can always get the full articles and promoted from a sports angle, Josh.

We all love sports. ESPN is doing it now because they're the main hub for sports and so their ESPN plus if you don't have it is just like Taylor was saying. You get to a certain level and starts to fade out and you have to pay for the service to get the full article Naomi that look they they pay their people out of money.

They have a lot of good information on there but when I was trying to set up my fantasy football team battling button and get past the first two or three articles on the on who I should be picking and I think the reason they're making us pay for those online articles now is because they don't have as many print newspaper subscription like nobody does that anymore. But most people.

Most people don't do it anymore you so much more from much more down our throats, and another getting paid more per view than they would've been obviously friendly print perspective, but many have a feeling there so many as they make more money off of that. Like I can have more than one free article a day like today like 10 I still still pay for access. I don't get the news observer anymore. That's really the only place to get look good local sports news.

See, if you like ACC sports you, how you get stuck paying for that in in the Wall Street Journal has to be delivered to the house. I cracked that one open and read it I dislike is 1902, but you actually make time to read it like well during the weakest during the week is tough. The Saturday when I can go through, not get the New York Times on Sunday, but I subscribe to psych and I look at Holland to exempt paid to get behind the pay wall line obviously by having the print subscription in a text me text me the news saw get a lot of my news but I like twitter to I normally don't Instagram much travel ESPN exactly like local sports. So I try to ESPN on back back before these young ladies and now practicing attorneys work, you're probably still in high school when I was when I was in college I mean it was a cool thing on a Sunday to go spin a buck 50 on a Sunday paper. That's this thick and go have coffee and flip through that paper is nice I mean is 909 she's not. You don't have that member couponing with my mom before he went to the grocery store. The only thing from Maryland newspaper was just tablecloth for when we had crab jet washing times of their great and I saw it when we ate crab on the table so we kept it for that purpose in the way I'm reading this article, hang on. All right will be LOL I got more to talk about will come up on the other side again visiting with us today.

Cassandra Nicholas Taylor Scruggs Smith also attorneys Whitaker and Hamer and Josh Whitaker hosting the show. Joe is on assignment this week.

He'll be back next week, but want to remind you to that if you got a legal situation and you what you got some questions. We got a phone number for you to get in touch with Whitaker and Hamer 800-659-1186 is 800-659-1186 leave your contact information briefly what the calls about an attorney with Whitaker and Hamer will be calling you and helping you with those questions. You can also send your questions to the show questions at the elbow. back the other side or advocate will remind you that Whitaker and Hamer. They are almost everywhere.

They have offices in Raleigh Garner Clayton Goldsboro Fuquay Marina Gastonia and now in Morehead city they are practicing attorneys here in North Carolina. If you have a situation you are facing, you can always call the firm and get some answers to those questions. 800-659-1186.

That's 800-659-1186 and email your questions to the show will answer him on future programs. and there is a great website to visit. That's the Josh so we got a federal case out of Texas Federal we always talk about were rat as every state has state courts that federal courts there's different levels. You know district appeal.

Supreme Court's regards, no were rat and and what were talking mouse. We have a case that comes out of Texas federal district court. That's kind changing the way we think about gun laws and so this this analysis.

Here we have someone who was under the with the terminology used in the casing in every state is different was felony indictment right so we got someone who had a felony indictment, meaning they were awaiting trial or some sort of resolution on felony charges of some sort and they went to go buy some consequences. That's always a good time to do it when you're under Ellen indictment to go buy some guns. They were denied. Write the background checks at a disguise under federal indictment he can buy guns. He didn't like this and he he sued in federal court saying it was a violation of his Second Amendment right to to own guns. And so we talked about it a lot this past Supreme Court session. One of the cases we we we discussed was New York State rifle and pistol Association versus Bruin. This was a case where folks in New York are there is a very restrictive concealed carry permit law and these folks basically said it amounted to not being able to get a concealed carry permit much at some extenuating circumstances, and it wasn't for it wasn't legal under the Second Amendment and the Supreme Court said agreed with Mr. neuritis is too restrictive. They struck down the New York concealed carry permit law and Canada, said the Second Amendment is not a second-class right, it's just as important as the First Amendment started this this new thinking of how to treat the right, and restrictions to the right to own a firearm under the Second Amendment. And so here are District Court judge agreed that, you know, saying all law-abiding law-abiding Americans have a right to carry a handgun outside the home for self-defense.

That was the finding in the in the Bruin case that we talked about you guys just see this case. Just this week I think I just saw it yesterday.

I don't know much about it before reading for this, but it's definitely interesting and I'll have a lot of impact even like a lot of places are implementing the red flag laws where people's right to purchase and have guns and be restricted before they've committed any kind of crime. When their risk factors involved. Where is this one. They've already been charged with a federal crime, federal felony, and they're saying that not allowing them to buy guns is prior restraint and prior restraint is normally talked about in the First Amendment context where someone usually newspaper is trying to be prevent prevented from releasing something releasing news saying something they shouldn't but they can't be prevented before they do it.

They can only be sued or charged depending on the context. After it's done using the prior restraint language in context with guns. You just have to wait for them to use the gun to do something about this is just interesting. No matter what side of the line you fall down.

I don't think, and I think I was told about this when Josh turned, and frankly I don't think we've actually seen a case in like the modern era where we've actually questioned whether or not semi that's been charged back to go before a jury to figure out their guillotine. Initially sentence has the right to a gun because most of the time like you know you go to court for criminal charge. You have a bail hearing potentially if there is a bail hearing when the conditions typically is like you won't have weapons though and judges typically have a pretty wide birth of what they can buy is restrictions they can put a lot of different restrictions on it for letting you out of jail. You can't like they can add you restricted to your home not leave the state and making sure you're not a flight risk, so it's interesting just to see how this is coming up on something we never really question this before and I think it will have. Where, however, this is decided will have impacts in the criminal field and pretty big way so so our guy here is a Queiroz of West Texas when he was under is facing state state charges of burglary and then I guess he jumped. He also jumped bail, according this is what is charged with his allegedly allegedly burgled someone and jumped bail, but he was trying to buy semi automatic handgun when he was denied at the time of the selves. The background check should he was under indictment, so he has federal charges now making a false statement during firearm purchase an illegal receipt of a firearm by a person under indictment.

So the whole incident left him with additional federal criminal charges. A jury convicted on both accounts and he asked the court to reconsider, considering Bruin ruling answers District Court judge agreed with him and say there's nothing there's nothing constitutional law about preventing someone who's been charged with a felony from from owning a firearm digesting a judge could have added that Sue is bail is Agassi jumping bells. We paid bill was released.

Never never came back to court. This would jumping bill. That's what I take jumping build a mean issue you processed your charged you go before judge. The judge allows you to to be released and then you don't you don't come back after you post a bond you post bail for so on my list. There is no indictments are typically only done in federal big felony cases. That means IDA had to go before a grand jury and present the evidence first to get into indictment and then they are arrested and taken before a judge had a bail hearing the judge can say no bells at hundred thousand dollars if you get out you can't leave the state can't do this you can't do that. Another kindness standard restrictions put on somebody if they decide to bail out until the trial is essentially cannot have a quote from the judge in this District Court case so he did the judge counts of the Supreme Court's ruling had change the legal landscape on firearm restrictions he found prohibiting this Queiroz from receiving the gun while under indictment amount to before. Prior restraint violated the Second Amendment and sit in the come back from the other sides of the defending party. Here's the state, the state of Texas and I said there no illusions about this case is rework real-world consequences. Certainly valid public policy and safety concerns exist. So you yet easy it is to competing interest here in an II think I sympathize with both sides right but at some point we have to draw a line where is it fair to draw line what is the Second Amendment really guarantee us was interesting that they are now potentially looking at how this could affect people only to gun that's under 21 well and there was a separate ruling in Texas where federal judge struck down a state law Texas state law barring adults under 2121 for a long time on time.

Yeah yeah yeah we surrender handguns solace that for me on prime and probably embellishing because I'm just remembering when I saw the amount of guns sold in the US like the past 10 years where they had his number of total good guns sold and they divided it by the total population of the US and came up to work it be enough guns for everybody to have like 7.4 will and child will have quite that many dunces so my other fly got like 10 or 12 to account for the 7.4 limit have not reached but but if I will someone hearing gun cases if you're pro-Second Amendment, you won't gun rulings coming out of Texas. That's where you won't be the case. It is, I was trying to look up stats specifically on the number of federal felony indictments because it is I believe fewer than state felony indictments throughout the country. Just because states control a lot more. The criminal law at the ground level and the writing.

So this won't immediately at least affect anyone charge, but they state based felony.

Just folks with federal felonies, but it'll be interesting to see how that anything that ruling was a big ruling and in I think we'd see changes from this facet. Apparently you know federal judges see that is the new precedent and there, interpreting that to be much more lenient than what was in place before so it's it's deftly changing Canada the way we look at gun laws and in the US, the outlaw lawyers. We will be back with more legalese, more discussion, Josh Whitaker and Joe Hamer are the host managing partners at Whitaker and Hamer law firm we have again.

Cassandra, Nicholas and Taylor Scruggs Smith also attorneys at Whitaker and Hamer in studio with us today office is located for Whitaker and Hamer Raleigh Garner Clayton Goldsboro Fuquay Marina, Gastonia and Morehead city and just a reminder again, Josh and Joe managing partners and also pricing attorneys here in the great state of North Carolina.

If you got a legal situation you're facing.

And you've got questions, call this number 800-659-1186 at 800-659-1186 that'll get you in touch Whitaker and Hamer and leave your contact information. Briefly, what the calls about and someone with Whitaker Heyman attorney will be in touch with you could also send your questions to the program will answer them on future programs. we come back we'll talk more about the special master discussion assignment this week and understand because he's the boss he can change direction on the show and that's can happen right now. Just where we going what you want to make sure we have enough time to answer listener question because we like that we have Taylor with us.

Taylor's one of our family law attorneys. Anytime we have her with us.

It's a good time to tackle all the family law listener questions that build up when she's not here so again these are real questions that we get from from real clients and what I do is I can.

Sometimes I combine these questions, but I can't tournament to general questions and so my question today is why do people get prenuptial agreements aren't.

Why do people get prenuptial agreements and what can you handle and not handle with a prenuptial agreement. I so were talking about prenups all my boys in the ghetto. 3 1/2 prenups because her father's attorney and that's how Organon disorganized you have a prenup talk the boys last prenups.

I do not weigh literally when I married my wife and nothing nothing of value and she did neither. So it worked out okay but Taylor's also a prenuptial agreement is okay so prenuptial agreements we hear about these alive for celebrities in their assets that everyday people can get them get them often is just an agreement saying in a sense this and come into marriage with this and no matter what happens to this relationship. If we decide to voice that states mine so you're kind of centerline early about what stays yours. What stays your future spouse and how you guys are to split things going forward because you that there's always language in there about okay will if you make something joint.

This is how we get split things like that so it's a way of protection we often see them. When people have kind of Artie gone through a divorce and they don't ever want to have to worry about splitting assets like that again or they heard the war stories it is a pretty flexible agreement.

Like how much can you build into their I know with celebrity ones.

I've seen examples of like formulas like if you stay together. X amount of years. Then you get X dollar amount. I think that you can go that detailed in a prenuptial agreement and kind of go into RA. Let's say somebody becomes a stay at home parent. This is how much support tailgate.

If we separate after that you can get that detailed evincing clauses put in about you know somebody cheats are we in the marriage because of drugs or alcohol or anything like that.

This is what happened like morality clause is seeking to go that detailed the main thing always have to warn client about is you can't really put anything in a prenup in North Carolina. Anyway, you can't put anything in a prenup that has to do it. Child custody or child support according like you can decide whatever you want between yourselves, but you can't make those decisions early on about a kid considered against public policy and almost every CLE had done every family law attorney. I thought to in law school. They were like even if is not explicitly mentioned never put kids into a prenup so I sees life in my area, price, and allow the real estate business loss will have you know two spouses who are already older right of already been professionals already acquired real estate proper real estate already acquired things and going as mayors a day, one continue to to handle those kind of things separately keep them separate.

They don't want them becoming marital property. They don't want a spouse to get a marital interest in something they've already spent 3040 50 years, acquiring, and so I see a lot of simple ones like look, this is what I got is what you got to stay her personal life. We want to make something joint will do it right, but everything else United that can be combined.

I think we talked about a free trader agreement.

Sometimes these prenuptial agreements is have that free trader language built into it right.

So North Carolina is a statute that allows you to be a free trader base has to be a married a married person, operates individually rights if you just if you can do it, me, my wife, did you just get you just go get married then and and you didn't have anything before you get everything afterwards and your spouse. It doesn't matter who owns it. That spouse of a spouse can have a marital interest in its can be presumed to be marital property as exceptions, you know, and what have you, but that's the kind of general rule that if you have this prenup then you could continue to acquire property separately that you can buy and sell property without a spouse joining in, but like you said so there are some things you can't, there's a lot of stuff you can agree to what Cassondra said you get very specific right about post separation support, alimony, unity can make things fault based like you're talking about right.


And that's a big thing because North Carolina in general is not a false state when it comes to divorce his North Carolina is a no-fault state. So if you want to say if you cheat all these things happen. Usually has to be in a prenup right sub but child custody and child support can't be court does not want you deciding how custody of the split.

Early on he know when she's limiting child support early on. North Carolina is very particular about especially child support. They have done North Carolina cows for guidelines, which is a calculation that the legislator came up with a figure out how much support should be given to a child based off the parents income and whose mainly keeping the child course are always a big thing when it comes to children that they should have the benefit of both parents, and net income coming from both parents and so that made its way into a prenup and then the couple gets divorced, the court would just invalidate that portion. Have you seen courts invalidate other things in prenups other than dealing with kids like just based on gift fairness like this.

Just leaving one spouse destitute. So, actually not.

Connie came up with a statute that says even if you're in a prenup waving your right to spousal support. If you would have to get on state assistance because of the divorce, the other spouse has to pay you some type of spousal support and so you would be off state assistance they can't leave you broke in going off the state assistance are on welfare or something like that just because a divorce. So even if you're waiving your right to alimony and the other spouse is waiving the right to give you alimony doesn't matter if you're going to have to go on state assistance after the divorce and prenuptial contractor like it. Agreements are like any other contract pricing are subject to all the normal requirements of the contractor is to be the consideration I guess entering the marriage of trying to be on equal footing to you know is I think if you agreed, you have your own attorney review you. I think if you agreed that if I like about entered when I greeted my wife left me. I didn't have to get any supporting like that.

I was left unit have to pursue food stamps or whatever you can argue that I didn't understand what I was signing right major some consideration issues there some things that can volunteering. This is a big thing when it comes to those type of marital agreements in North Carolina so they always be signed and notarized and they can show it's not voluntary like he didn't understand what you are signing or you are forced into it.

Yeah. And even if you're in on equal footing at the time you sign marriages are sometimes long and circumstances can change where where someone was on equal footing when they signed, but then lose their job income get sick right.

I'm glad there's that kind of safety net there that safety net definitely and in courts have gotten very particular about when semi gets the prenup like it's it's okay if you get it like before the wedding, but like you can't tell semi-like they have to sign that moment. You gotta watch when you're giving it to them how much time they had on arrival we are up against the break we will take that this is the lawyers Josh Whitaker and Joe Hamer, your host managing partners Whitaker Hamer law firm impressing attorneys here in North Carolina and in studio this week. Sandra, Nicholas and Taylor Scruggs Smith also attorneys at Whitaker in Hamer.

If you get a legal situation you're facing. And you got questions call this number 800-659-1186. That's 800-659-1186.

You can leave your contact info briefly with calls about an attorney with Whitaker Hamer will be in touch. You can always email your questions to the outgoing lawyer back after this.

Nicholas and Taylor Scruggs.

Smith also attorneys at Whitaker in Hamer office is located Raleigh Garner Clayton Goldsboro Fuquay Marina Gastonia and now in Morehead city I Morty Patrick consumer advocate if you got a legal situation you can always call Whitaker in Hamer 800-659-1186, 800-659-1186 leave your contact info briefly with calls about an attorney with Whitaker Hamer will be in touch all right Josh rabbit up well before we leave. I wanted to really develop or click on the special master discussion that we had a little while ago was couple weeks back now, but you in prison trumps personal residence was operated by the FBI was alleged that he had some classified materials that he should not have in his possession. Things were seized. We talked about it a couple weeks out like this is really happen before it's kind of something you don't see every day and again had some kind of shocking news, is a bombastic for the third time today at a bombastic quality to it when it was reported on the news prison trumps lawyers made a request that a special master be appointed. We talked about what that is, when that's appointed I don't hear about it a lot. The news is something that's fairly common in the court system and so special master was appointed Judge Raymond Deary and he had a meeting I think was yesterday. He had a meeting yesterday with the parties and knows what he means business. It is want to delay anything is easy he's asked some tough questions of the Trump attorneys that they don't seem to have good answers for you guys all the subtle, not as much as you have got tired of hearing special master in the news I was likely I had to look at that. But anyway were to continue to watch that one because that that is a legal matter that is certainly worth keeping eyes on guys, I don't have any more so the legal news had. That's all I picked out the impact this week. Things are going on already. Good stuff. The outlaw along is big thank you again to our special guest in studio standard. Nicholas and Taylor Scruggs Smith attorneys at Whitaker in Hamer course. Our hostess Josh Whitaker Joe Hamer on assignment this week. He's back next week will remind you to the Josh and Joe are managing partners of the firm practicing attorneys here in the great state of North Carolina offices located in Raleigh Garner Clayton Goldsboro Fuquay really Gastonia now in Morehead city and if you got any legal situation you're facing. You got questions give the firm call 800-659-1186. That's 800-659-1186, contact information, and reason with calls about an attorney shy morning back until next time next week is fine attorney licensed to practice law in North Carolina. Some of the guests appearing on the show maybe licensed North Carolina attorneys discussion of the show was meant to be general in nature and in no way should the discussion be interpreted as legal advice.

We would like. Once an attorney licensed in the state in which you live. Have the opportunity to discuss the facts of your case with you. The attorneys appearing on the show are speaking in generalities about the law, North Carolina, and how these laws affect average or Carolinian. If you have any questions about the content of the show, contact us directly

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