Criminal Law
What Does Inciting A Riot Mean? Jeralyn Merritt
Q.
What does the charge inciting a riot mean and what will happen?
-- Anonymous
A.
Under federal law, a riot is a public disturbance involving an act of violence by one or more persons who are assembled in a group of at least three people. The act of violence must be one that presents a clear and present danger of injury to another person or damage to another person\\\'s property. Threatening to commit a violent act in such a group situation that could injure another person or damage property is also considered a riot if one of the persons in the group has the ability at the time to carry out the threatened violence.
Inciting a riot applies to a person who organizes, encourages, or participates in a riot. It can apply to one who urges or instigates others to riot. It does not apply to someone who merely advocates ideas or expresses beliefs, if those ideas and beliefs do not involve advocating violence.
The federal crime of inciting a riot carries a possible penalty of up to five years in prison a fine.
State and local governments also have laws that make it a crime to incite a riot. The penalties range from fines only to jail time. It is important that the law, even if only a municipal ordinance, specify the conduct that that is prohibited with sufficient definiteness that ordinary people can understand what conduct is prohibited.
If you have been charged with inciting a riot, I recommend you seek out a criminal defense lawyer in your area who can tell you exactly what conduct the law prohibits in your jurisdiction, and advise you as whether the law is subject to a challenge on the grounds that it is unconstitutionally vague--either because it fails to sufficiently set forth what conduct is prohibited, or fails to set minimal guidelines for police to use in enforcing the law.
-- Jeralyn Merritt
Immigration
Is An H-1B Visa Holder Able To Become Self-Employed? Michael Shane
Q.
I am a H-1B holder working for a US employer. I wanted to know if it is possible for me to create my own company and transfer my H-1B to myself under the new company? I am not able to invest between $500,000 and $1,000,000 as start-up capital. What are my options for founding a company in the US and remaining legal if I have to leave my present employer?
Thanks in advance.
-- Anonymous
A.
The official answer to your question is yes, you may form a corporation and sponsor yourself as an H-1B worker. There are several pitfalls to be aware of however. You will not be allowed to file a permanent labor certification on your own behalf through your own company. The reasoning behind this is that the Department of Labor will not believe that there are not US workers willing, able or qualified to take the position being offered to you, by your own company. So if you are planning to become a permanent resident, sponsoring yourself for the H-1B may work, but will not help you in getting your green card. You also will need to prove that the start-up company has sufficient funds to pay the prevailing wage salary being offered to you for the term requested, and of course that the job requires the degree that you have. You will need to have all of the usual H-1B requirements met as well. I urge you not to file the H-1B petition without the assistance of a skilled immigration lawyer. Good luck.
