Wife of Rape Suspect Files for Divorce

Sunday, May 31st, 2009

A man was accused of rape and as a result, his wife filed for divorce. David Joseph Jansen was arrested by the police late Tuesday night after allegations of abducting a woman, driving her to a Tennessee cabin, and then raping her there.

Consequently after this, the sad fact is that on Friday, his wife, Christy Jansen from Snellville, filed for divorce in the County Superior Court of Gwinnett. The Jensen couple has been married for almost 25 years.

Reports say that a pizza delivery man saw the woman tied up so he called the police. David Jensen was caught, and on Thursday night, the 46-year-old suspect was released from jail on $800,000 bond. He hung up the phone on a reporter when he was contacted on Saturday afternoon.

A restraining order was also granted to Christy Jansen. The order prohibited David from coming near her and their two children in their Snellville home.

Margaret Washburn, a Lawrenceville attorney, is the legal counsel of Christy. Washburn told WXIA, “Christy is devastated and terrified. She cannot believe that her husband is out with another woman. Whether rape or not, consensual or not, the fact remains that he’s out with another woman.”

Tags: Christy Jansen, David Joseph Jansen, Divorce, Gwinnett, Lawrenceville, Margaret Washburn, rape, Snellville, Tennessee
Posted in Divorce, Latest Legal News | No Comments »

Jail Time of Six Years for DUI Death

Sunday, May 31st, 2009

On Thursday, a 35-year old woman from Monterey was sentenced to six years of prison for DUI (Driving Under the Influence) which killed another man in the process. According to district attorney’s office, Shawna Ann Allen has pleaded guilty to a gross vehicular manslaughter felony count on April 2 in killing Aurelio Perez-Garcia on January 13, 2008.

That morning, Allen drove after consuming alcoholic beverages and witnesses say that she’s traveling at speeds of 60-80 mph. She then approached the intersection of Paradise Road and Castroville Boulevard where she lost control and collided with the car driven by Perez-Garcia.

District attorney office reported that Perez-Garcia (resident of Salinas) was killed in the accident leaving his 11-year-old and 5-year-old sons. His brother was also injured. Furthermore, the BAC (blood alcohol level) of Allen during the crash measured at 0.12 – it’s 1.5 times compared to the legal limit.

Throughout the sentence hearing, the family of the victim took turns in describing him. This includes a school volunteer who worked closely with his children, as well as his sister, brother, and widow. The accident happened near Manzanita Regional Park, Monterey County. And it was announced by District Attorney Dean Flippo.

Tags: attorney, Attorney Dean Flippo, Aurelio Perez-Garcia, district attorney's office, Monterey, Shawna Ann Allen
Posted in Latest Legal News, dui | No Comments »

Securities Enforcement and Criminal Fraud Investigations

Saturday, May 30th, 2009

The grand jury and U.S. Attorney’s Office conduct federal criminal investigations. This may or may not simultaneously occur with an investigation from SEC (Securities and Exchange Commission). In addition, you may want to know the following:

• -You may assert Fifth Amendment privilege against self-incrimination to your statements in any litigation or SEC investigation.
• .

• -SEC investigations are typically civil enforcement actions. They usually seek civil money penalties, ill-gotten gains’ disgorgement, and injunctive relief.
• .

• -Evidence obtained during litigation or SEC investigation may be used for criminal prosecution by U.S. Attorney’s Office.
• .

• -However, a SEC investigation doesn’t automatically lead to criminal or grand jury investigation.
• .

• -In a SEC investigation, you can present reasons why you should not be sued. This is best done with a good lawyer by your side.
• .

• -Some proceedings instituted administratively may also result from a SEC investigation. These are heard before SEC’s administrative law judges.
• .

• -SEC may seek an order to bar clients from working in their industry, e.g. stock promoters, broker-dealers, etc. if they participated in a scheme to manipulate or defraud stock prices.
• .

• -The SEC may also bar members of their board of directors or company officers from serving in their positions when a suit has been filed against them based on a fraudulent scheme or any scheme used to manipulate stock pricing.
• .
• .

Tags: Criminal, grand jury, lawyer, SEC, SEC investigation, U.S. Attorney's Office
Posted in Criminal | No Comments »

High Risk of Runway Collisions

Saturday, May 30th, 2009

It might surprise you that ground collisions are considered as the second cause of accidents in aviation, the first being weather-related accidents. It may be easy to push away the risk of ground collision compared to a mishap at 4,000 feet, which is much scarier especially if you’re not fond of heights. But it has already been proven that ground collision is more deadly.

Runway collisions are different from car crashes because airplanes move hundreds of miles per hour and they’re not engineered for passenger crash safety (for example, unlike cars, they don’t have air bags). In fact, the ground collision in Spain on 1977 may be the most deadly disaster in aviation – two 747s crashed and killed 582 people.

In addition, human error such as mistakes in air traffic controllers and pilots are often blamed for majority of crashes. National Transportation Safety Board statistics reveal that 55% of commercial crashes and 91% of noncommercial flights (like traffic helicopters or private planes) are caused by human error.

Remember that when someone makes a bad decision which costs your health or your life, you or your loved ones have the legal right to hold these people responsible. Contact an accident lawyer from a reputable lawyer directory online to discuss your injury claim.

Tags: accident lawyer, aviation, ground collisions, humn error, Injury, National Transportation Safety Board, runway collisions
Posted in Injury | No Comments »

Effect of Divorce on Kids

Friday, May 29th, 2009

Now, a new research says that the effect of divorce on education and emotional impact on children is getting worse. Two Canadian Universities (University of Manitoba and University of Alberta) conducted a study to warn parents and consider the deadly consequences of their divorce on the children.

The study says that school dropout rates are definitely higher among children of divorced parents compared to kids with parents who are still together. The consequences are lethal on children of parents who went through two or more divorces. Compared to stable families, there’s a 50% chance that these children will completely drop off from school.

The study’s co-author and university divorce expert Lisa Strohschein said, “The number of changes experienced by the children and how they grow as young adults can be seen in this long-run picture. As part of the study, researchers looked at data on 9,400 children adopted or born on 1984 in two-parent families.

Then, these children were tracked until 2004 (when they’re 20 years old) to find out what happened in their life. The researchers found that out of 9,400 children, only 1,325 children saw one divorce, 285 saw two divorces, and 52 had three divorces.

Detailed results of the study also stated that 78.4% of children without divorced parents completed high school while only 60% of children with divorced parents did.

Tags: Canadian Universities, Divorce, Lisa Strohschein, researchers, study, University of Alberta, University of Manitoba
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Stricter DUI Laws for Wyoming

Friday, May 29th, 2009

The Senate Judiciary Committee in Wyoming rejected a comprehensive bill that would have created stricter penalties for DUI. Fortunately, even if Governor’s Council on Impaired Driving has been working on this effort for six years, they have not given up the fight yet.

Last week, the council held a conference in Casper and developed legislative proposals for their lawmakers to consider next year. The hurdle for these measures were placed pretty high because it’s budget season and non-budget bills would require at least two thirds vote to be introduced – so the hurdle has been placed high. In addition, the same senators who opposed the bill is still in office.

Here are five recommendations of the council (in this year’s legislation, the first three were included):

• -Make it illegal to have .08 BAC (blood-alcohol content) while driving if the test was done within two hours of being stopped.
• -Create an offense of “aggravated DUI” for people driving with .15 BAC or greater.
• -Increase jail time and the fourth offense should result in felony conviction and five years in prison.
• -Give a mandatory alcohol or drug assessment and a maximum fine of $750 even for the first DUI offense of a person with a minor inside the vehicle. The second offense in this case would have to be fined up to $5,000.
• -Include in DUI law any psychoactive or drug substance that causes a person to be impaired.

Tags: BAC, Casper, dui, Governor's Council on Impaired Driving, law, Senate Judiciary Committee, Wyoming
Posted in dui, dui wyoming | No Comments »

Possible Criminal Charges in Trolley Crash

Thursday, May 28th, 2009

Criminal charges are being considered in a Suffolk County grand jury against Aiden Quinn, an MBTA Green Line trolley driver. Earlier this month, Quinn rear-ended another trolley near Government Center Station, according to two officials who are familiar with the case.

Quinn’s attorney, Michelle Menken said, “It’s not a surprise. I have not been notified and I’m not aware that Quinn had already been asked to testify.”

Meanwhile, the district attorney’s spokesman of Suffolk, Jake Wark, said “By nature, the grand jury proceedings are confidential and we cannot discuss, deny, or confirm such proceedings.”

The 24-year-old Quinn told authorities that he was sending a text message to his girlfriend so he missed the red light and slammed into three trolleys, injuring nearly 50 people in the process.

Quinn has already been fired from MBTA and could still face criminal charges, according to authorities. This crash has sparked a public debate about the dangerous habit of texting while driving. Some disagree with the criminal charges filed against Quinn while some say that he’s self-incriminating for telling the truth.

This case could be a wake up call for people who constantly use their cell phones while driving. In fact, it appears that there’s enough momentum for the State House to completely ban texting while driving cars.

Tags: Aiden Quinn, attorney, Criminal, district attorney, Government Center Station, MBTA, Michelle Menken, Suffolk County
Posted in Criminal, Criminal News | No Comments »

No Floodgates of Injury Charges

Thursday, May 28th, 2009

Yesterday, a sports lawyer said that a guilty verdict over Manny Castillo’s death won’t open the floodgates towards other sport injury charges. For athletes, however, it highlights the need to define “line of consent.”

Steven Indig, a Centre for Sport and Law (Vaughan-based) lawyer said, “When we pass line of consent, we need to respond to our actions – hopefully, this message gets across. Obviously, it’s very important to define that line, especially from a legal context point of view. When we play sport, we assume certain risks.”

He said further, “So what are those risks and where’s that line? When we play football, we may consent to being tackled, but never clothes-lined. At the same token, when we play hockey, we may consent with being checked, but never with the stick. So I think these lines are muddy.”

Meanwhile, Doug Crosse, Rugby Canada spokesman, said “This does not really represent what rugby is all about. Therefore, it’s just an isolated incident. Lots of kids play rugby in their teens for the first time and they don’t have a lifetime of exposure to this sport as what they do with baseball, basketball, or hockey – this is part of the problem.”

In addition, Todd Russell, Toronto Rugby president, said “No sport will intentionally field players with the intention of making them suffer injuries.”

Tags: Centre for Sport and Law, Doug Crosse, line of consent, rugby, Sports Injury, sports lawyer, Steven Indig, Todd Russell
Posted in Injury, Sports Injury | No Comments »

Andre and Price Divorce turn Ugly

Wednesday, May 27th, 2009

Outside of Katie Price’s house, a parked locksmith van was seen. Although it’s not known whether the house locks have been changed, still, the van’s presence may spell bad news for Peter Andre, Katie’s estranged husband.

The couple’s divorce has become bitter and 31-year old Katie removed Peter’s belongings from the Surrey mansion (the house they used to share) last week. Meanwhile, Peter has officially started the divorce proceedings against her.

It was reported that Katie accused Peter of deliberately posing with their children for paparazzi pictures. The former model Twittered: “Mmmm, I smell that those pictures were set-up.” She’s referring to Pete’s photos playing with her children named Princess and Junior at the weekend. On the other hand, a source reported that Peter denied the accusation and said that he does not want to profit from the divorce.

Another clash is when Katie’s former boyfriend, Dana Bowers, was suspected of drunk driving. When Bowers was arrested, he said that his car was stolen and he was with Price at the time. As a result, Peter was furious that his estranged wife and ex-boyfriend were drinking while their children slept upstairs.

Recently, Katie pulled out of her appearance in a night chat show and was spotted at Fiona Shackleton’s office. Fiona is the divorce lawyer who represented Prince Charles and Paul McCartney.

Tags: Dana Bowers, drunk driving, Fiona Shackleton, Katie Price, Peter Andre, Surrey mansion
Posted in Celebrity Divorce, Divorce | No Comments »

DUI Case Role Play: A Good Reminder

Wednesday, May 27th, 2009

Does DUI mean that the driver is weaving all over the road sloppy drunk? Not necessarily. This was found out by around three dozen high school students from Riverside. The consequences could be as severe even if you went behind the wheel drinking only one cocktail made with cranberry juice and vodka.

Students witnessed the final act of a role play – a DUI case for the trial of Amada Wallace played at Pittsburg City Hall. “You can be pulled over for not signaling or for leaving the lights out even if you’re the perfect driver,” said Karen Zelis Holder, Deputy District Attorney, during the closing remarks. “But if the police detected alcohol odor or saw signs of red, watery eyes, then they could conduct field sobriety tests right away.”

“Thank goodness no one got hurt,” she added, emphasizing that there were other passengers in the car. Then looking at the teenagers in the crowd, she warned “Abide by the laws if you are going to drink or you will end up here.”

This courtroom scene is part of a program named “DUI Court in the Schools” – a joint effort of state Department of Motor Vehicles, Sheriff’s Office, Public Defender’s Office, District Attorney’s Office, Contra Costa County Superior Court, and participating school districts.

Tags: Amada Wallace, attorney, Deputy District Attorney, drunk, dui, Karen Zelis Holder, Riverside
Posted in dui, dui laws | No Comments »

Tracking Microchips for Criminals

Tuesday, May 26th, 2009

Criminal attorneys and human rights advocates are caught up in a debate on how to administer justice to criminals without violating their human rights. They’re all aware of the Bill of Rights (Sixth Amendment) that states: “all those accused in criminal prosecutions shall enjoy the right to a public trial…..and have counsel assistance for his defense.”

However, the justice system is still grappling on what to do with repeat and violent offenders. This led to the suggestion of implanting microchips or radio frequency identification (RFID) tags in convicted criminals. This is in addition to using global positioning system (GPS) tracking devices.

GPS works together with aerial satellites, which are equipped with a receiver and transmitter. During the Cold War, it was invented by U.S. military to mobilize missiles and troops. When it was applied in law enforcement, officers were able to monitor a person’s movement 24 by 7. The subjects wear a removable PTU (personal tracking unit) and a non-removable ankle cuff (wireless) around the size of a huge wristwatch.

So instead of spending time in jail, the criminal attorney may accept a house arrest sentence with a GPS monitoring device. However, this would be an invasion of “the right to privacy and bodily integrity” as stated by the U.S. Supreme Court.

Tags: Bill of Rights, Cold War, criminal attorney, criminal attorneys, GPS, human rights advocates, PTU, RFID, Sixth Amendment
Posted in Criminal, Defense lawyer | No Comments »

Finding a Good Injury Attorney

Tuesday, May 26th, 2009

It can be traumatic to be involved in an accident, especially if you’re not the one at fault. First of all, there’s physical trauma because you have gone through a terrible experience. Second, the financial trauma is also present. You’ll have to spend a lot for medications and medical bills. Another trauma appears when you realize that you can’t go back to work right away due to the accident. Therefore, you’ll be facing more financial loss.

Consequently, it’s so important to find one good injury attorney who can walk you through the entire process and help you to get the claim you deserve.

When choosing a good injury attorney, consider the reputation as the main criteria. Reputation doesn’t mean big advertisements done by their law firms. It’s something established by people around him, especially his colleagues and clients. If they are willing to put a good word for him, there’s no better proof of his credibility and competence.

So when you’re already facing your chosen attorney, don’t hesitate to address your hesitation and concerns. Before deciding whether you have found a good injury attorney, listen to the answers carefully. If all your questions are being answered and explained clearly, then the attorney can be for keeps.

Tags: accident, attorney, financial loss, financial trauma, injury attorney, physical trauma, reputation
Posted in Injury | No Comments »

Recession Divorce

Monday, May 25th, 2009

Cost effective legal divorce is now a welcome path for those people who wish to end their marriages. The stalled housing market, increased unemployment, and deepening recession have negatively impacted the financial situations of most parties. In fact, high mortgages and declining values caused many homes of divorcing couples to stay “under water.”

In addition, even those divorcing couples who are still fortunate to have home equity cannot sell the houses due to a slow real estate market. If you combine these with plummeting real estate values, you will be looking at a bleak marital asset balance sheet.

Historically, divorce rates tend to increase during recession. But attorneys today still see a decline, maybe due to a severe economic downturn. For those with limited resources, it might be overwhelming to incur expenses for two households. On the other hand, net-worth clients may take advantage of diminished values of their properties to decrease financial responsibility.

And to look on the bright side, there are other support alternatives and marital asset division that attorneys can do to help the divorce resolution. Probably, a neutral financial planner can find solutions for custody issues or parenting coordination.

Although some cases would really need to go through litigation, there are other options that the parties could attempt to utilize. These alternative resolution methods may be in the form of a collaborative law model or mediation.

Tags: attorneys, collaborative law model, cost effective, custody, Divorce, divorce rates, divorcing couples, litigation, mediation, parenting coordination
Posted in Divorce | No Comments »

DUI Boating in California

Monday, May 25th, 2009

DUI boating is also known as drunk boating or boating under the influence. It can happen in an ocean, a river, or a lake. It’s the same as operating a land vehicle with a BAC (blood-alcohol concentration) of .08%. And in California State, it’s a criminal offense.

Section 655 of Harbors and Navigation Code explains this rule in detail. It states that no person shall operate or manipulate an aquaplane, water ski, or similar device while under drug or alcoholic beverage influence. The symptoms include:

• *Erratic driving of watercraft
• *Lack of current and visible registration
• *Equipment violations (life preservers, navigation lights)
• *Right-of-way violations
• *Speeding

Upon suspicion, officers may conduct chemical testing (blood or breath), field sobriety tests, and preliminary questioning. Although the defenses or consequences for DUI boating are similar to a regular DUI, they’re not truly identical. However, fines, probations, and jail sentences may still ensue.

One important key fact to note: a DUI boating conviction is “priorable” – this means that if you’re charged with another DUI in the future (the next 10 years), it will be regarded as a second offense. And the consequences for second offenders are usually much harsher than first timers.

Tags: BAC, boating under the influence, drunk boating, dui, DUI boating, Harbors and Navigation Code
Posted in dui, dui california, dui laws | No Comments »

Constitutional Issues on Search and Seizure

Sunday, May 24th, 2009

When you refer to the United States Constitution (Fourth Amendment), the “exclusionary rule” protects the public from illegal searches or seizures. Under this rule, any case evidence derived from such illegal search or seizure will be suppressed.

Therefore, this rule is specifically designed to deter possible unlawful police conduct. Also, it assures citizens that they have the right to be free from any unreasonable privacy invasion, even if they are criminal suspects. To a lesser extent, this rule is also designed to protect judicial process’ integrity from possible unlawful government conduct effects.

Remember that you’re never required to consent to any police search. Although sometimes, you may be threatened with detention, you still have the absolute right to decline the search. However, this would not mean that you have the right to physically stop a search if it’s lawful such as when the police have probable cause or they have a warrant of arrest.

Probable cause is when the police possess very strong evidence that you have committed a particular crime. Under Federal law, the police do not have to advise you of your right to refuse a search. However, under New Jersey state laws, the police should advise you of this right – otherwise, the search and seizure would be considered unlawful.

Immediately contact a criminal defense attorney if you’re a victim of an illegal search and seizure. To make it easier, you can search for hundreds of experienced attorneys online using attorney directories.

Tags: attorney directories, attorneys, Criminal, criminal defense attorney, exclusionary rule, Fourth Amendment, illegal search and seizure, laws, New Jersey, probable cause, United States Constitution, unlawful search and seizure
Posted in Criminal, Defense lawyer | No Comments »

Do you Understand Personal Injury Law?

Sunday, May 24th, 2009

Contrary to popular belief, many U.S. citizens do not understand the benefits that they could claim if they will contact an injury lawyer. Some people also prefer to keep silent when encountering a personal injury because they don’t want to expose it to public’s view.

Be forewarned however, that personal injuries do not necessarily equate to a money claim. Good personal injury lawyers don’t just take-on any personal injury case. The prospective clients need to have a credible story – this means that they must not attempt to manipulate the facts or express unreasonable expectations.

Personal injury lawyers can help you gain compensation for endurance of suffering and pain, doctor’s bills or other related medical expenses (such as home care), and lost time from work. In addition, these lawyers can help you decide whether the case consists of either tort (wrongful act done willfully) or negligence.

An example of tort is when an electrical apprentice was asked by the supervisor to scavenge a repair part in a locked-off power station, knowing that it’s a very dangerous place. An example of negligence is when a tractor was left without enforcing the proper brakes, and side-swiped a car passing by.

Typical injuries are sustained in car accidents or on-the-job accidents. But a personal injury case may also deal with construction defect, product liability, or price fixing.

Tags: car accidents, injury lawyer, negligence, on-the-job accidents, personal injury, personal injury lawyers, tort
Posted in Injury, Personal Injury | No Comments »

Functions of a Family Lawyer

Saturday, May 23rd, 2009

There are periods in marriages when the husband and wife disagree. And when such disagreements repeatedly occur and escalation of divisive tendencies comes out, these may lead to divorce. When this happens, the couple needs the help of a lawyer specializing in family law.

Family lawyers do not only handle divorce settlements, they also deal with jointly-held possessions (a home for example). If the divorced couple has children, the family lawyer will also push for custody. Typically, lawyers would recommend joint custody where each parent can enjoy time with the children.

Other family law cases may also be handled by these lawyers such as:

· Grandparents’ rights – sometimes, bad feelings between a spouse and the in-laws could sprout. In this scenario, grandparents could approach a family lawyer and seek their rights.

· Domestic violence – unfortunately, citing domestic violence as a reason for divorce is very common. The family lawyer may deal with a lot of personal issues in this situation.

· Request for asylum – there are cases where the lawyer should prove that a certain family would face grave danger if deported back to their home country. The lawyer may look for medical, religious, or political reasons why the family needs to get asylum.

· Request for adoption – this can also fall under family law. Lawyers typically get permission from couples to adopt children.

Tags: adoption, asylum, custody, Divorce, domestic violence, family law, family lawyers, grandparents rights, lawyer
Posted in Divorce, Divorce Law, Divorce Lawyer | No Comments »

“I want a Lawyer”

Saturday, May 23rd, 2009

DUI wasn’t a big thing twenty or thirty years in the past. As long as you didn’t cause an accident or no one was hurt, you will just be given some points on your license, small fine, probably a mandatory DUI Class, and one night to sober up in jail.

Today, however, things are different. First time offense can give you significant jail time, hefty fines in most courts, costly and extensive classes to attend, and probably some community service requirements. Some insurance companies even routinely cancel the car insurance if a person has a DWI or DUI conviction.

So what can you do to prevent all this? First of all, don’t try to explain anything to the police officer arresting you. Remember that “anything you say may be used against you…”

As soon as you are arrested, cooperate fully with the police officer and say these words “I want a lawyer.” These should be the first words as well as the last that goes out of your mouth. Then repeat these words often. It would help you avoid more problems and even stop the police officer from questioning you further.

A lawyer can minimize your sentence or even throw your case out of court. Of course, there are no guarantees, but without contacting a lawyer, it may be difficult or impossible to acquire leniency before the judge.

Tags: dui, DUI conviction, DUI offense, dwi, lawyer, police officer
Posted in dui, dui laws, dui lawyers | No Comments »

No Place to Run for Criminals

Friday, May 22nd, 2009

According to federal legislation tabled on Wednesday, criminals who flee to another province will face charges as well. Finally, this proposed change would close a loophole allowing criminals to escape justice simply by leaving the place where they were charged. It’s one of the six updates to the federal crime laws announced by Stockwell Day, Vancouver’s International Trade Minister.

Jim Chu, Vancouver police, said that this is the most influential change in the police force. Currently, accused people on bail can just flee to another province so that the existing warrant will not be enforced. “Criminals need to be accountable to the crimes they commit. They need to know that they can’t escape,” he added.

Now the new offence makes fleeing a two year jail sentence. Also, the police can arrest them anywhere and send them right back to the province where the original charge came from. However, this does not include the funding for the transfer.

Day commented that because of this new law, “People will not be interested to leave. Otherwise, it will be a trip back home with added jail time.”

Another advantage of the new legislation is that police will find it easier to get an electronic warrant as well as to photograph and fingerprint people in custody before laying down charges. Attorney General Rob Nicholson also announced these changes in a recent news release.

Tags: attorney, crime, criminals, jail, Jim Chu, laws, Rob Nicholson, Stockwell Day, Vancouver, warrant
Posted in Criminal, Criminal News | No Comments »

Opposition for Liability Laws Change

Friday, May 22nd, 2009

More than 50 organizations and businesses joined together to oppose the bid to change liability laws of Wisconsin authored by Gov. Jim Doyle. This proposal called “joint and several liability” is predicted to increase civil lawsuits and victims receiving full damages.

Doyle’s proposal states that the defendant may not be found equally or more liable than the plaintiff. This means that even if the business owner is only 1% at fault, he or she has to pay 100% of the damages. Trial lawyers supporting the change say that this rarely happens while opponents say that it’s unfair.

Members of the coalition opposing the proposal include the state Hospital Association, Tavern League, Wisconsin Manufacturers and Commerce, Farmers Union & Farm Bureau in the state, tourism groups, and ski resort owners. They say that this change would raise insurance rates, bring more lawsuits, and would even drive some owners out of business.

According to Madison’s Chevrolet general manager, Tom Thorstad, “I’m really frightened to think of what will happen to Wisconsin’s business climate. My dealership has already cut worker hours and overtime but the proposed laws could inevitably cost my business even more.”

Meanwhile, trial lawyers accused businesses of employing scare tactics. Fears about the state’s business climate change were unfounded because this law would actually improve the existing one. Current liability laws in Wisconsin state that the defendant will not be held liable for damages in any accidental injury or death unless they’re at least 51% at fault.

Tags: Gov. Jim Doyle, law, laws, lawsuits trial lawyers, lawyers, Madison, Tom Thorstad, Wisconsin
Posted in Injury, Personal Injury | No Comments »

Walsh-Young Divorce getting Ugly

Thursday, May 21st, 2009

The bitter divorce of Kate Walsh and Alex Young has been escalating its collateral damage. In fact, ABC’s head honcho, Stephen McPherson, is already seeking protection from the court!

McPherson is effectively Walsh’s boss. Young subpoenaed McPherson for a deposition (testifying about the finances of Kate Walsh). The actress’ estranged husband alleges that Walsh is hiding some financial information from him.

Meanwhile, Disney’s lawyers have already filed legal papers asking for court order to block such deposition against McPherson, who is currently the President of ABC/Disney Television.

Young believe that Walsh isn’t coming clean with all the assets acquired during their 14-month marriage. Jeff Sturman, his lawyer, fired the subpoena because he claimed that McPherson has a unique knowledge about the financial situation of Walsh.

As you may recall, Kate Walsh is the star of Grey’s Anatomy for two seasons. Later on, she bagged the lead role on Private Practice, which had a moderately successful spinoff series.

According to the lawyers of Disney, Young is harassing their client because when Walsh acquired the Private Practice role, McPherson was not running ABC Studios at the time. Meanwhile, Alex Young (20^th Century Fox movie executive) and Disney will fight this in court on July 8.

Tags: Alex Young, deposition, Divorce, Grey's Anatomy, Kate Walsh, lawyers, Private Practice, Stephen McPherson
Posted in Celebrity Divorce, Divorce | No Comments »

DUI Lookout for Memorial Day Weekend

Thursday, May 21st, 2009

Throughout Yolo County, law enforcement sends out a strong message to holiday travelers for Memorial Day Weekend that drinking and driving won’t be tolerated. California Highway Patrol (CHP) and Davis Police Department will be combining resources to form “Avoid the 8 DUI” task force on the road after the local festivities.

According to Davis Police Department’s Sgt. Ton Phan, “We’ll be looking for you if you’ll drink and drive. And if you’re over the .08 limit, you’ll be arrested.” The DUI task force will have a checkpoint this weekend. In addition, DUI Saturation Patrols will be roaming around. They advised the public to “immediately designate a sober driver even before the celebrations begin.”

This enforcement campaign will begin Friday night and will continue throughout the weekend. Meanwhile, CHP will be deploying 80% of available officers onto county roads and freeways within their jurisdiction. CHP Commissioner Joe Farrow said, “Memorial Day Weekend celebration can be safe for everyone. It’s all about planning ahead and making sound decisions before you head out on the road. For example, wearing seat belts and designating drivers who will not drink are good habits to have in order to avoid DUI. ”

Tags: CHP, Davis Police Department, drinking and driving, dui, DUI Saturation Patrols, Joe Farrow, law, Memorial Day Weekend, Sgt. Ton Phan, Yolo County
Posted in dui, dui california | No Comments »

You can plead “Not Guilty”

Wednesday, May 20th, 2009

Civil law involves a private law suit between several private entities while criminal law consists of criminals being prosecuted by the federal government for an act of crime. Most crimes consist of a mental state, an act, and the criminal’s intent to do any social harm.

Some crimes are just misdemeanors – less serious offenses normally punishable by fine such as petty theft, traffic violations, or possession of little marijuana. Felonies, on the other hand, are more serious offenses warranting imprisonment such as homicide/murder, rape, grand theft, or assault and battery.

If you committed a crime, take note that you can still plead “not guilty” even if you’re guilty. Criminal law states that you should be treated as innocent until proven guilty. Unlike civil law, where the plaintiff only need to show at least 51% liability, criminal law needs to prove to the jury or judge that the suspect is guilty “beyond reasonable doubt.”

Therefore, the sooner you bring a criminal defense lawyer into the case, the better. Don’t seek answers from prosecutors or police officers who don’t have a vested interest in your well-being. Most importantly, do not ever resort to a wait-and-see approach because it’s your freedom at stake!

Tags: civil law, crime, Criminal, criminal defense lawyer, criminal law, felonies, misdemeanors
Posted in Criminal, Defense lawyer | No Comments »

Dealing with Insurance Companies

Wednesday, May 20th, 2009

Make sure that your interests and legal rights are fully protected if you’re involved in motor vehicle accidents. Typically, these auto accident claims are handled through insurance companies. Therefore, it’s wise to maintain appropriate communication with your insurance carrier after the accident and receive the maximum compensation amount you’re eligible to claim.

Here is the process of dealing with your insurance company after an auto accident:

• *Notify the police – file a police report
• *Gather evidence – take photos of your injury, damaged vehicle, and accident scene if possible
• *Know your coverage – review and understand your policy
• *Contact an insurance company representative– call your insurance agent after the accident or injury
• *Be honest – state all the facts; if not, it may invalidate your claim
• *Take notes – jot down the name and job title of the person that you’ve spoken with. Write down details of your conversation with the insurance company representatives.
• *Submit formal demand letter – determine the worth of your claim including the injuries you suffered, lost income, medical treatment needed, etc. This part is best done with the help of an experienced and qualified personal injury attorney.
• *Negotiate – don’t accept first estimate because the initial appraisal will most likely be low.
• *Get legal advice – Remember that you don’t need to sign any waivers, releases, or final payment checks until you’ve consulted a personal injury attorney who will protect your legal rights.

Tags: attorney, auto accident claims, insurance companies, personal injury attorney
Posted in Injury, Personal Injury | No Comments »

Where and How should Divorce be Filed?

Tuesday, May 19th, 2009

The legal process of divorce begins by filing a petition or complaint with the court. To file this case, you should take your documents to the proper family court. Most states require that either you or your spouse live in a particular state for a period of time before they allow divorce filing.

State laws vary but typically, you may file for divorce in the county where you or your spouse lives, or where you lived at the time before your separation. The petition or complaint is the main document that you’ll need to file for a divorce. For complaints, the “plaintiff” is the spouse submitting the complaint and “defendant” refers to the other party. While for petitions, the spouse filing divorce is called the “petitioner” while the other spouse is called the “respondent.”

You need to give notice to your spouse that you have filed for divorce. The preferred method is handing the petition or complaint personally to the other party. However, other forms of notice such as publications, for example, may also be acceptable.

It’s possible to file a divorce without a lawyer, however, it’s best to consult with a divorce lawyer to help you in filing the paperwork and explain the appropriate filing process in your state.

Tags: complaint, defendant, Divorce, Divorce Lawyer, lawyer, petition, petitioner, plaintiff, respondent
Posted in Divorce, Divorce Law, Divorce Lawyer | No Comments »

Using Ignition Interlock Systems

Tuesday, May 19th, 2009

A sophisticated system that tests the driver’s breath for alcohol is called Ignition Interlock System. It’s a device requiring the vehicle operator to blow through an alcohol sensor unit attached to the vehicle’s dashboard. And if the BAC is above the preset level (around .02 to .04 BAC), the car cannot be started.

Some alcohol safety interlocks do not only require one test to start the engine, but it also calls for the test every few minutes while the car is running. This is called a “running or rolling retest” and would prevent drunken drivers to use their friend’s breath in the test to start the car.

All DUI offenders can benefit from ignition interlock use. Their lives will remain undisrupted and they can still use their car – to run errands, pick up their children, go to work, etc. At the same time, installing this device will also remind them that their right to drive comes with a responsibility to be sober each time they want to control the wheel.

The use of an ignition interlock system is also required as provision of parole/probation. DUI offenders better ensure that they use this device properly when they get behind the wheel to avoid jail time.

Tags: BAC, dui, Ignition Interlock System
Posted in dui, dui laws | No Comments »

Defense for Drug Crime

Monday, May 18th, 2009

Federal drug crime defense is similar to a state drug crime defense. The only differences are in pre-trial motions and sentencing. One important factor to determine the seriousness of your drug case is through the quantity and type of the illegal drugs you possess. A few pounds is definitely more serious compared to a few ounces, a few ounces is graver than a few grams, etc.

Another factor to consider is whether you have prior criminal records. Accordingly, a felony probation record or prison sentence prior to the crime will potentially have greater punishment compared to a minor record of misdemeanors or a clean record.

Your criminal defense lawyer should understand the law of seizures and illegal searches. Because the first shot of defense in any drug case is the evaluation whether police have conducted an illegal search on yourself, your automobile, or your home.

Another line of defense is the accurate evaluation of the prosecution’s evidence. If it’s strong, then immediate steps must be done to build a stronger defense case. As such, your criminal lawyer must be skilled to work a plea bargain calling for dismissal of disqualifying charges or at least find an alternative that will qualify you for Proposition 36 or Diversion programs.

Tags: criminal defense lawyer, criminal lawyer, criminal records, drug crime defense, plea bargain
Posted in Criminal, Defense lawyer | No Comments »

Tort Law Explained

Monday, May 18th, 2009

Civil wrongs that result in harm or personal injury constituting grounds for a lawsuit are called torts. Therefore, tort law addresses conflicts between entities (e.g. pharmaceutical company) or private individuals. It’s the type of law governing personal injury claims and it serves these purposes:

• -To ensure that the aggrieved or injured party receives compensation for damages, and
• -To deter other entities and individuals from committing the same harm.

Tort law is determined by individual states through legislative and judicial action. Although rare, a tort claim may also be made under the federal law. One example of this is a civil rights violation.

Most personal injury cases may fall under tort law. It covers a wide range of cases involving product liability, medical negligence, boating accidents, motorcycle accidents, and car accidents. Under this law, injured parties may recover damages for suffering, pain, medical expenses, and existing loss of earning or future loss of earning capacity.

Some torts are considered as punishable crimes. However, tort law is entirely different from criminal law. Torts can be remedied with monetary means while crimes are concerned with punishment in jail. So if you are searching for someone to defend you and help your claim, search for an experienced personal injury lawyer through an online directory.

Tags: federal law, law, online directory, personal injury, personal injury attorney, tort claim, tort law
Posted in Injury, Personal Injury | No Comments »

Happy Divorce: Is it Possible?

Sunday, May 17th, 2009

You’ve heard of a happy marriage, but do you think it’s possible to have a happy divorce? The answer is yes, according to a huge number of lawyers. There’s such thing as “collaborative divorce,” which typically brings cooperation and civility to a bitter battle.

Instead of sparring in court, attorneys of both parties will agree to work towards an amicable divorce wherein both sides will be happy. Along the way, they can receive guidance from a financial adviser and neutral mental-health professional.

They say collaborative divorce is cheaper, less divisive, and faster than traditional divorce. Also, it’s more private since the parties will not step inside a courtroom unless the final paperwork was already filled.

An Orlando attorney, Richard West, said “It’s better for clients and for their families too.” Husbands and wives will have their own lawyers who are there only to give legal advice and meetings are presided by a mental health professional that should be neutral and not take any side. This counselor will also steer the discussion towards a productive direction to minimize sniping.

The goal of the meeting is to help design a plan and work out what’s best for the children. Barbara Kelly, Maitland psychologist, said “From the start, you’re focusing on the children, and ex-couples who came out through it say that their communication with each other also improved.”

Tags: attorney, attorneys, collaborative divorce, counselor, Divorce, lawyers, mental-health professional, Richard West
Posted in Divorce, Divorce Law, Divorce Lawyer | No Comments »

Ninth DUI Arrest for a Man

Sunday, May 17th, 2009

Police arrested Leonard John Korpal for drunk driving. According to Winona County Sheriff’s Department, this 39-year old man from St. Charles Minn. was charged with DUI for the ninth time.

The arrest happened at 2:10 a.m. for first-degree driving while intoxicated charges. When the deputies pulled him over, they noticed that alcohol was leaking from the side door of the driver. In addition, there were other citations apparent in his arrest. Police noticed that his license was revoked or canceled, he has an open bottle of alcohol with him, and he refused the blood-alcohol concentration test that was being given to him.

Korpal was arrested on DUI suspicion because he failed the sobriety tests performed to him and alcohol was leaking from his car due to the spilt drink. In Winona County Jail (where he was taken), he wasted a lot of time trying to decide whether he will submit to blood-concentration test or not and in contacting a lawyer. As a result, sheriff’s investigator Kraig Glover already considered it as a refusal.

“He complained of chest pains and he’s making suicidal threats,” Glover added. Finally, he was taken to the Mental Health Center in Rochester, Minn. named Zumbro Valley.

Tags: drunk driving, dui, lawyer, Leonard John Korpal, St. Charles Minn., Winona County, Zumbro Valley
Posted in dui, dwi minnesota | No Comments »

Employee Rights in the Workplace

Saturday, May 16th, 2009

Depending on your profession, the state where you live in, and the size of your employer, you may be entitled to these legal protections and rights to:

• -Privacy in personal matters
• -Take a leave and care for one’s family
• -A safe workplace
• -Fair pay (at least receive the minimum wage)
• -Workplace free of harassment
• -Not be discriminated against due to age, disability, religious beliefs, pregnancy, gender, skin color, national origin, and race

If you feel that your rights have been violated, the first thing to do is talk to your employer. You’ve got to know your rights, stick to the facts, and avoid being overly emotional. In addition, document the problem to protect yourself. Gather documents and take note of events and key conversations. However, be careful to collect only the documents that you have legitimate access to. If you copy or take confidential records, it may compromise your legal claims.

Now if your employer does not seem to take your complaint seriously, then you need to take legal action. The law can help you make a claim. Take note that you might want to consult a lawyer so that you can figure out what you can lose or gain by filing a lawsuit.

Tags: employee rights, law, lawsuit, lawyer, legal action, Legal Claims
Posted in Workplace Law | No Comments »

Qualifying Expert Witnesses in a Personal Injury Case

Saturday, May 16th, 2009

Doctors or any other specialized medical professionals testifying in behalf of the defendant or plaintiff are called expert witnesses. Most state laws require that both the defendant and plaintiff appoint their own expert witnesses to testify in a case.

Expert witnesses play a very critical role to prove that the injuries of the victim were caused by the defendant’s negligence or actions. This is especially true in personal injury cases, particularly in a medical malpractice lawsuit.

The burden of proof falls on the plaintiff in these types of cases. This means that you have to show satisfactory evidence that the wrongful conduct or negligence of the defendant directly resulted in the injuries you sustained. Therefore, the testimony of an expert witness is vital and necessary.
For example, the doctor who treated your injuries needs to testify in court to relay the details of treatment, as well as the medical costs involved.

If you want to pursue a claim for personal injury, it’s essential for you to seek the advice of experienced injury attorneys. They can maximize your interests and protect your legal rights. In addition, they can advise you on the quality of expert witnesses you can use for your case.

Tags: defendant, expert witnesses, injuries, Injury, injury attorneys, negligence, plaintiff
Posted in Injury, Medical Malpractice, Personal Injury | No Comments »

Grandparents’ Right in Divorce

Friday, May 15th, 2009

One of the controversial issues in a divorce is the rights of the grandparents. Sometimes, a grandparent is denied access to the grandchild or sometimes communication just breaks down and no visitation schedules are discussed.

If you are facing this challenge, bear in mind that filing a case in court should be your last resort. Every effort should be made to communicate with the parents in order to spend time with your grandchild. If no agreement was reached, then mediation could be another option.

The requirements for visitation ordered by the court will vary by state. However, most states agree that grandparents are not entitled to visit if the parents of the child are still married. The following situation may be a cause for grandparent visitation:

• -Child is born out of wedlock
• -A parent is deceased
• -Parents have a pending divorce
• -Parents are already divorced

As you see, this is clearly a complicated issue. If you’re a grandparent being denied of visitation rights, you can decide to pursue a case or not. And when you choose to pursue it, the next step is to find a divorce lawyer who specializes in visitation and third party custody.

Tags: Divorce, Divorce Lawyer, grandparents, lawyer, third party custody, visitation
Posted in Child Custody, Divorce, Divorce Law | No Comments »

DUI Conviction of Airline Pilots

Friday, May 15th, 2009

Are you wondering about DUI rules on airline pilots? Federal Aviation Administration (FAA) has set a rule that those commercial pilots who are convicted (not just arrested for) DUI must report it on their medical application at the time of their renewal. Then, they must notify FAA Civil Security Division in writing.

The FAA should be notified within 60 days after the date of incident. Disclosure on a medical certificate or calling the local FAA will not suffice. In addition, the pilots should report any action taken on their driver’s license emanating from a DUI arrest. For example, refusing a breath/blood alcohol test or failing a test.

This report should also be made in writing and submitted to FAA’s Oklahoma Office within 60 days of suspension. In cases where a particular pilot suffers from both an administrative license suspension and a DUI conviction, he must report both of them to Civil Security Division or else face a non-reporting violation.

However, note that only one of these two reports may be used for suspension or revocation of your license. According to FAA, they need at least two separate incidents within three years to deny your application or suspend/revoke your pilot license.

Protect your license and get help through this mess. You can call AOPA (Aircraft Owners and Pilot Association) or search for a lawyer directory online to seek assistance.

Tags: AOPA, Civil Security Division, dui, FAA, lawyer directory, lawyers, pilots
Posted in dui, dui laws, dui lawyers | No Comments »

Police Officer Charged of Criminal Harassment

Thursday, May 14th, 2009

On July 17, a judge will sentence a regional police officer who is accused of harassing and stalking a woman and a 16-year-old girl. Jayson Doyle, a police force veteran for eight years, is charged with criminal harassment (two counts). The alleged crimes happened in between April 2006 to April 2008.

Prosecutor Alonzo Wright said that Doyle’s actions were reckless, “in fact, it made the two accusers very fearful.” On the other hand, defense lawyer David Bright defended his client by saying that prosecution was “taking a moral wrong and making it criminally wrong.” He said further that “My client is a married man and according to many people, what he did was morally wrong, but will it be legally wrong?”

In four days, Judge Robert Stroud heard 20 people’s testimony, including Doyle and the two accusers. The court heard that Doyle asked a woman to strip in front of a webcam. He also sent a 16-year-old girl a message on Facebook, called her at home and work, and parked across the street of her house to watch her.

When Doyle took the stand, he admitted that he crossed the line when he asked a woman to show her breasts on the webcam. However, he said he never threatened or pursued the woman. As for the teen, he said he thought she was 18 years old and denied that he’s harassing the girl.

Tags: Alonzo Wright, crime, Criminal, David Bright, Defense lawyer, Jason Doyle, lawyer
Posted in Criminal, Criminal News | No Comments »

The Good that Comes out of Tragedy

Thursday, May 14th, 2009

Gov. Chris Gregoire said “out of tragedy comes something good.” She is talking about Zackery Lystedt Law – the first bill that she signed which will protect young athletes from traumatic brain injuries or death due to trauma.

In the bill signing, 16-year-old Zackery Lystedt was beside her, dressed in a black suit and sitting in a wheelchair. In their back stood his family, friends, and supporters (more than 50 of them).

Lystedt suffered a concussion in October 2006 while playing in a football game for middle-school. Moreover, he returned to the game without any medical evaluation. He proceeded to take a few more hits, and then he collapsed a minute after the game ended. As a result, his traumatic brain injury placed him in a coma for several months and required extensive therapy after two years.

Zackery Lystedt Law was proposed and passed to protect athletes from similar injuries. The law requires any athlete to consult a licensed medical professional if there’s an apparent injury (whether in practice or in a game). Before the athlete could go back in the play, there should be an approval from the doctor (or any certified athletic trainer).

“This bill saves lives every year,” says Stan Herring, the clinical physician for Washington School of Medicine, team physician for NFL’s Seahawks, and one of the strongest supporters of the bill.

Tags: bill, Chris Gregoire, Injury, law, Stan Herring, Zachery Lystedt Law
Posted in Injury, Sports Injury | No Comments »

Late Fees for Divorce Agreement

Wednesday, May 13th, 2009

The chief executive officer (CEO) of Credit Suisse Group, Brady Dougan, is complaining about divorce late fees. Recently, he was in Connecticut courts fighting almost $1 million claim of tardiness fee from his wife.

The 49-year old bank executive suffered a blow when state Appellate Court ruled that he must abide with the late penalty terms of his $7.5 million payment to Tomoko Hamada Dougan based on their 2005 divorce agreement. David Borden, Supreme Court Justice, wrote that Brady is a financially sophisticated and highly educated person but wants to avoid an obligation that he undertook. He said further that his estate is nearly $80 million – he could have easily made the payments as soon as signing the deal.

According to a message left with Gary Cohen, Brady’s attorney, it wasn’t clear if he is planning to appeal. Actually, he already paid his wife $7.8 million in 2005. However, the divorce agreement states that he’s supposed to pay another $7.5 million by June 16, 2006. He paid on June 28 but gave his ex-wife $25,000 to cover the interest for the 12-day delay.

But in a case that Hamada filed for her ex-husband, she said that he should be liable for more than a year’s interest which dates back from the date of agreement signing. Unfortunately for Brady, she got the Appellate Court on her side.

Tags: Appellate Court, attorney, Brady Dougan, Credit Suisse Group, Divorce, Gary Cohen, Tomoko Hamada Dougan
Posted in Divorce, Divorce Law | No Comments »

DUI Sentence for a Man is 20 Years

Wednesday, May 13th, 2009

Gregory Kelly was drinking and partying. He ignored other people’s warning not to drive.

So when he did, he struck a Toyota Highlander carrying Allison Nieto and her mother Susan Price. What’s worse is that Nieto is almost eight months pregnant. The crash killed her baby and severely wounded her and her mother.

Therefore Kelly was sentenced to one count of manslaughter and two counts of aggravated assault. He pleaded guilty to the charge and he will spend 20 years in prison.

According to testimony, the blood alcohol level of Kelly was .20, which is more than double the .08 limit. As a result of the wreck, Nieto’s unborn child was beheaded. Also, she can no longer bear children because of her injuries. So in addition to the physical scars, their whole family is suffering emotional scars as well.

On the other hand, Clarence Guthrie, Kelly’s attorney, said “My client is a quiet and unassuming man. He has pleaded guilty and therefore, accepted full responsibility for this action.” Kelly’s family is in court during the sentencing and his wife told the judge (through sobs) that “Kelly is not a criminal. He is a loving and good man. However, she admitted that he has a drinking problem.”

Tags: Allison Nieto, attorney, blood alcohol level, Clarence Guthrie, drinking and driving, dui, Gregory Kelly
Posted in Latest Legal News, dui, dui attorney | No Comments »

Arrest: Beginning of the Criminal Justice Process

Tuesday, May 12th, 2009

An arrest occurs when someone is taken into custody and that person is prohibited to move about of leave. Sometimes the use of handcuffs or physical restraint is not necessary. An arrest is already complete when the police officer tells the suspects that they’re “under arrest.” So generally, an arrest can be described as a person’s involuntary or voluntary submission to a police officer’s exercise of authority over him or her.

A police officer can only arrest a person under the following circumstances:

• *The officer personally observed a crime – for example, the officer sees an actual purse snatching,   then he or she may arrest the purse-snatcher.
• *The officer has “probable cause” – when the officer has reasonable circumstances, facts, or belief that a particular person is about to commit or committed a crime, then that person may be arrested. For example, the officer received a call reporting armed robbery in a liquor store and then he sees the suspect with a gun and cash running down the street, then that man may be arrested.
• *The officer obtained a warrant to arrest – this is a legal document issued by any magistrate or judge to allow any officer to arrest the suspect.

If this happens to you, you can question the lawfulness of your arrest including the actions of the officer. However, this battle should be fought in court together with a criminal attorney rather than fight it on the street.

Tags: arrest, criminal attorney, criminla, custody, police officer, suspect
Posted in Criminal, Defense lawyer | No Comments »

Accident-Prone SUVs

Tuesday, May 12th, 2009

When buying a car, people oftentimes consider only its exterior qualities. They fail to check its vulnerability and safety features in case of car accidents.

For example, many people are attracted to purchase Sports Utility Vehicles (SUVs) in the market today due to its elegant and sturdy look. However, a study has shown a different result. People inside SUVs are three times more likely to suffer injury or meet death compared to occupants of other vehicles.

Injury-related deaths due to SUV roll-overs have brought too much distress and pain to many families. Negligent parties have also paid big bulks of money for settlement or compensation. Therefore, be very careful when you’re choosing a vehicle to buy and take caution in driving them.

Actually, all vehicles are at risk of roll-overs. This happens when the driver losses control of the vehicle due to a turn miscalculation or wrong break application. The study also shows that vehicles built closer to the ground (lower-built) are safer than others. In the case of SUVs, they are built with higher gravity center from the ground. That’s why it’s more likely to roll-over compared to others.

Here are some injuries that result from roll-over accidents:

• *Neck Injury – seatbelts can cause pressure and strain to the neck area muscles.
• *Head and Brain Injury – sudden impact in the head area might cause severe headaches or even memory problems.
• *Spinal Cord Injury – any slight damage to the spinal cord may cause temporary or permanent paralysis.

Tags: head and brain injury, injuries, Injury, neck injury, spinal cord injury, SUVs
Posted in Injury, Personal Injury | No Comments »

Divorce Law and the Military

Monday, May 11th, 2009

A military divorce is different from civilian divorce. It requires a special law knowledge that’s not applicable to an ordinary kind of divorce. For example, certain circumstances entitle active members of the armed forces to get a court-appointed counsel and to delay divorce.

Also, military pensions are the one divisible during military divorce, but still subject to different rules. Child support and alimony have another set of rules as well. Collecting support and calculating income may be a little bit more complicated due to regulations governing retired or active military members.

For example, familiarity with “disposable retirement income” is the key to establish support orders when negotiating with retired military personnel. Furthermore, strategizing and planning will require a good comprehension of the special rules surrounding military divorce.

It goes without saying that hiring a divorce attorney knowledgeable in military law would be best for your case. Make sure that he or she has a copy of the “Military Retirements Benefits in Divorce” book because it’s the only authoritative book explaining this topic.

Also, your attorney should also be familiar with USFSPA (Uniformed Services Former Spouses Protection Act). Aside from division of retirement, there are other vital issues that need to be addressed.

Tags: alimony, child support, counsel, disposable retirement income, Divorce, Military Divorce, Military Retirements Benefits in Divorce, USFSPA
Posted in Divorce, Military Divorce | No Comments »

DUI Cases using International Drivers Licenses

Monday, May 11th, 2009

Out there, a misconception exists that if you lose your license due to a DUI charge, you can still drive using an “international driver’s license.”

Be very careful. If you see a website that sells an international license and says you could use the license to avoid suspension for United States DUI, don’t jump on it too quickly. It’s best to consult a DUI lawyer before you try it. Based on lawyers’ professional experience, these might be scams.

For example, if you get a DUI in Arizona, the state will suspend your driving privileges in Arizona only. Even if you came from Washington and you own a California drivers license, your driving privileges in Arizona can still be suspended.

This means that you can drive legally from California up to the Arizona border only. It will not matter if you get an Oregon driver’s license in exchange for your California license. The reality still remains that if you drive in Arizona, you’re breaking the law. You’ll only be allowed to do so once Arizona reinstated your driving privileges.

It’s important to note that a “driver’s license” is different from a “driver’s privilege.” A state has the ability to revoke your driving privileges in their state, but not the driver’s license (unless it’s also from the same state, although, motor vehicle compact may also revoke your license in your home state).

Therefore, even if an international driver’s license is valid in another country, it will not reinstate your driving privileges with the state where you got a DUI charge.

Tags: Arizona, California, driver's license, driver's privilege, dui, DUI lawyer, international driver's license, lawyer, Washington
Posted in dui, dui arizona, dui california, dui laws, dui washington | No Comments »

Effects and Eligibility for Expungement

Sunday, May 10th, 2009

Expungement is a process ordered by the court wherein a legal record such as an arrest or criminal conviction is erased. The availability and procedure of expungement varies according to the county or state where the arrest or the conviction occurred.

In order to qualify, there must be certain standards met to be eligible for expungement. These factors include:

• -Amount of time elapsed since the arrest/conviction.
• -Events in the criminal record of the applicant (including arrests/convictions in other states)
• -The nature and severity of the arrests/convictions (i.e. a sex offense conviction may be denied for expungement)
• -The nature and severity of other arrests/convictions in the criminal record of the applicant

When a person’s criminal record is expunged, he or she may not mention the arrest or conviction record. For example, this record does not need to be disclosed in renting an apartment or applying for a job. Also, no record will appear if the potential employer conducts a background search.

An expunged record is actually not completely erased. However, it cannot be accessed easily. The limited accessibility is only open to the criminal courts, law enforcements, and other government agencies. This is sometimes referred as “under seal” criminal records.

Tags: arrest, court, Criminal, criminal conviction, expungement, legal record
Posted in Criminal | No Comments »

Injury Charges to Analyst Filed

Sunday, May 10th, 2009

Jefferson Circuit Court judge was asked by the office of the attorney general to prohibit a behavioral analyst from seeing patients while facing a charge of injury and criminal abuse. Jeffrey Dillen, working at a psychiatric hospital named Our Lady of Peace, pleaded not guilty to this charge.

According to reports, Dillen, 28, allegedly allowed a 17-year-old teen to hit her head hard on a concrete floor over 120 times during treatment. Dillen’s purpose is to find out the cause of the teen’s self-injury behavior.

Dillen was booked into Metro Corrections but already released. He is now on administrative leave from the hospital but still seen to be working with contract patients. A hearing with Judge Mary Shaw is set on Friday to hear arguments whether Dillen should see patients under indictment.

According to the indictment, Dillen placed the teen in a situation that caused her cruel confinement, torture, or serious physical injury. Also, he disregarded the doctor’s order to place a helmet on the patient’s head to protect her if she would bang her head.

An attorney for Dillen, Mark Chandler, declined to comment. Moreover, he filed a motion with the court yesterday to make sure that the video and medical records of the teen be sealed when filed.

Though the girl has diagnosis of mental retardation, cerebral palsy, and autism, report said that she stopped banging her head when a helmet was put on her head. The inspector was also surprised to learn that the incident was told to the doctor only after 21 hours later.

Tags: attorney, Injury, Jefferson Circuit Court, Jeffrey Dillen, Judge Mary Shaw, Mark Chandler, Our Lady of Peace
Posted in Injury, Self-injury | No Comments »

Child Support vs. Alimony

Sunday, May 10th, 2009

Divorce is not just an emotional issue; it’s also an economic one. A good divorce attorney will save you more money than you realize. On the other hand, a bad one will cost you thousands just on the initial settlement.

Many financial issues revolve around the actual agreement for divorce. And the two main ones are child support and alimony. Child support payments are not deductible by the payer and not taxable to the payee.

On the other hand, alimony payments are completely different. These payments are deductible by the payer and taxable to the payee.

Fixed payments for child support are not considered as alimony. These are separate payments ruled by the divorce court as support for the child. Each state has guidelines that describe the inclusion of child support. Most of the time, the parent is willing to commit more support for the child than what’s required by the state.

But if the parent has very little income, then child support will be prioritized more than alimony. One important principle in divorce law mentions that the child’s best interest is more important. Therefore, alimony is discussed only after the needs of the child have been provided for.

Child support expenses include electricity, rent, food, and other general expenses needed to take care of your child such as repairs, laundry, and transportation. To make sure that your child is well provided for, ask the help of an experienced divorce attorney to guide you through the complicated divorce proceedings.

Tags: alimony, child support, Divorce, divorce attorney
Posted in Divorce, Divorce Law | No Comments »

The DUI Trial Process

Sunday, May 10th, 2009

Some DUI cases are resolved or thrown out before reaching trial. However, many will still reach this climactic point.

Jury selection is the first segment of any DUI trial. Juries are selected from potential jurors “pool.” They are usually questioned by prosecution or defense (like requesting certain potential jurors to be removed). For instance, if one of the potential jurors has strong ties with Mothers Against Drunk Driving (MADD), he or she may be taken out of the jury. This is done so that dispositions are not biased and a fair verdict will be achieved.

When trial begins, both prosecution and defense starts their opening statements. Evidence and witnesses will be presented and the opposing party may cross-examine them.

Lawyers from opposing camps will have the final chance to convince the jury during the closing arguments. Typically, the prosecution will prove guilt while the defense will argue innocence. Then, the judge will give instructions to the jury.

It’s now time for deliberation and conclusion. Some cases will take a few minutes while some take a few days. Upon reaching the verdict, the courtroom clerk will read it aloud.

With this process, it would be unwise to hire a lawyer who doesn’t specialize in DUI law. And don’t even try to defend yourself. A DUI charge is a serious matter and should be given to the hands of the expert.

Tags: defense, dui, jury, law, lawyer, lawyers, MADD, prosecution, trial
Posted in dui, dui laws, dui lawyers | No Comments »

Wanted Criminal in Brazil Arrested in Massachusetts

Saturday, May 9th, 2009

The special agents of United States Immigration and Customs Enforcement (ICE) with the help of Massachusetts Police Department took Carlos Alexandre Luz into custody. He is a national of Brazil who has committed immigration violations.

After investigations, it was revealed that Luz has a warrant for homicide from Esporito Santa, Brazil. “The United States cannot keep criminals on its streets. Instead, they should face charges in their own countries,” said Bruce Foucart, a special agent in Boston heading ICE’s Office of Investigations. “I want to warn all criminal aliens that ICE will go after you in order to keep Massachusetts safe,” he added.

In addition, Kenneth Lavallee, Lowell Police Superintendent stated, “This arrest showed the collaborative efforts between ICE and local police departments. Since a dangerous criminal was removed, the community became a safer place.”

Pending a federal immigration judge hearing, Luz is now in the custody of ICE. He has a criminal history including a recent March 12 arrest in Lowell on charges of Battery, Assault, and Attempt to Commit Mayhem.

Meanwhile, this investigation would not be possible without the assistance of Bristol County Sheriff’s Department, U.S. Secret Service, Lowell Police Department, Massachusetts State Police, and Diplomatic Security Service.

Tags: Boston, Carlos Alexandre Luz, Criminal, homicide, Immigration, Immigration and Customs Enforcement, Massachusetts Police Department
Posted in Criminal, Criminal News | No Comments »

Asbestosis and Mesothelioma Injury need an Attorney

Saturday, May 9th, 2009

There are asbestos-related diseases in the world caused by asbestos and other asbestos-containing materials. And two of the most dangerous ones are called asbestosis and mesothelioma.

Asbestos are used in thousands of products because of its high versatility, abundance, and affordability. It is a naturally occurring mineral which requires no manufacturing. Instead, the whole manufacturing process involves mining, crushing, and adding into the products.

Before 1970, United States banned the use of asbestos-containing materials. However, asbestos fibers were still commonly found in:

· Wall board

· Paint

· Ceiling tiles

· Cork boards

· Vinyl floor covering

· Brake linings

· Roofing materials

· Insulation

· Fireproofing materials

Exposure to asbestos can cause various asbestos-related diseases including asbestosis. However, the most dangerous one is called mesothelioma. What’s frightening is that the symptoms of this disease do not typically develop right away (sometimes after a decade) and the treatment options are also limited.

Years after your asbestos exposure, you could file a lawsuit against the company (or any party) that negligently exposed you to asbestos fibers. You may hold them accountable for their actions. It is best to contact an injury attorney right away to determine if you’re entitled to damages.

Tags: abestos, asbestos fibers, asbestosis, attorney, injury attorney, mesothelioma
Posted in Injury, Personal Injury | No Comments »

Final Divorce Order Changes

Saturday, May 9th, 2009

A divorce decree is often referred as “final decree” or “final order” in a divorce case. However, many aspects of this decree can still be changed under certain circumstances. Generally, if there are significant changes in the circumstances of either party, it can warrant a change in visitation order or custody. However, some states place restrictions on the reasons or number of times that any party can request a change.

For example, the non-custodial parent may petition the court to temporarily suspend or at least reduce the child support obligation if he or she loses his job. At the same token, if there is an increase in his or her income, the other party may petition for an increase in child support.

Also, if the existing visitation schedule is already unworkable (i.e. the parent moves or the child becomes involved in a new activity), then it can be modified too. The court retains jurisdiction for cases with minor children involved. It has the power to enforce visitation, custody, and child support orders through contempt actions.

To learn more about divorce modifications, ask a divorce attorney in your area. An attorney can explain to you how divorce laws may affect the process of modifying your final divorce decree.

Tags: attorney, child support, court, custody, Divorce, divorce attorney, visitation schedule
Posted in Divorce, Divorce Law | No Comments »

First Steps in fighting Texas DWI

Saturday, May 9th, 2009