Plea Bargain Possible for Serious Theft Offense

Friday, May 8th, 2009

A mother’s plea: Her son was arrested due to unlawful computer use, fraud, theft, and forgery. The charge costs about $100,000 (total of 11 counts) that he allegedly stole from the employers. He is really a good kid from a good family. However, he just made some poor choices. So what would be the chances that he’ll serve time if convicted? And most likely, will the DA accept a plea bargain?

If you ask an attorney about this, he or she would most likely say that merchandise theft worth $100,000 is a very serious crime. If you come from Nevada, theft offenses for more than $2,500 will have a penalty of 1-10 years in prison. In addition, the defendant needs to pay restitution.

The district attorney may offer a plea bargain (although it’s not his or her obligation) to a lesser crime carrying a mandatory prison term. It will surely help if the defendant has no prior arrests yet.

Only criminal attorneys in your jurisdiction could give you a realistic evaluation of the penalties that will be charged. The attorney needs to be familiar with the policies to make a favorable plea bargain. If successful, the defendant could get the lowest sentence possible.

Tags: attorney, Criminal, criminal attorney, defendant, district attorney, Nevada, plea, plea bargain
Posted in Criminal, Theft | No Comments »

28-year old Woman Convicted of Child Injury

Friday, May 8th, 2009

Gloria Ramirez, a mother of nine and eight months pregnant, was charged with child injury and endangerment after police officers found a dead fetus in her filthy home’s refrigerator. As a result, she was sentenced to prison for 10 years.

In 2007, when Anthony Moya, Ramirez’s common-in-law husband called a funeral home and inquired about a casket made for a stillborn infant, the police came to the couple’s home. They found the fetus in a refrigerator placed inside a baby wipe box.

Afterwards, investigators also found dirty diapers in their closets stacked 4 feet high, overflowing trash bins, and decaying food around the house. Most of the children also slept in soiled mattresses.

According to testimony, Ramirez blamed the children for her miscarriage, telling them that they disturb her in her sleep. Also, one of the children testified that she threatened their lives if they will tell anyone regarding the conditions in their home.

Prosecutor Jennifer Bassett said that the couple was abusing their children by letting them sleep and live in a filthy, rat- and roach-infested home. Because of the children, Ramirez and Moya were collecting $1,000 monthly in food stamps but they’re feeding them only one meal a day. As a result, Moya was also arrested on endangerment charges.

On the other side, defense attorney Ted Hogan expressed disappointment in the sentence. He said “This is tragic. Sending Ramirez to jail will not benefit her or her children.”

Jurors convicted Ramirez following only 32 minutes of deliberation.

Tags: Anthony Moya, Child Injury, defense attorney, Gloria Ramirez, Jennifer Bassett, prosecutor, Ted Hogan
Posted in Child Injury, Injury | No Comments »

Wage Distribution in Divorce Proceedings

Friday, May 8th, 2009

During divorce proceedings, the court will value a person’s exceptional wage earning abilities and distribute a part of it to the spouse. This comprehensive decision was written by a Supreme Court judge in New York. He concluded that the personal good will inherent in one’s career should be considered as a marital asset and must be subject to court evaluation and subsequent distribution upon divorce.

In fact, there have been many divorce decisions that recognized this – licenses and degrees were considered as valuable property rights. But it’s clear that whether corporate executives earned licenses or degrees during their careers, their career expertise would still be subject to equitable distribution.

For example, a corporate executive (even with an undergraduate degree) earns $35,000 in a year. But because of the experience and special skills acquired during marriage, the salary increased to $350,000 a year. In this case, the courts will determine the average pay of college graduates in the area (say $85,000), deduct it to the present value sum ($350,000 less $85,000 = $265,000), multiply the years before reaching retirement (say 15 years), and then discount the result to the present value sum.

So for our example, $265,000 multiplied by 15 years is $3,975,000 in enhanced earnings. The discount amount may only be $1,800,000 depending on the discount rate employed.

Most people are truly shocked by this. Nevertheless, this type of computation is often played in divorce courts. But since this evaluation process is more of an art than an exact science, selecting an experienced divorce lawyer will surely soften the blow.

Tags: court, Divorce, Divorce Lawyer, earnings, lawyer, New York
Posted in Divorce, Divorce Law, Divorce Lawyer | No Comments »

DUI Arrests are Repeat Offenders

Friday, May 8th, 2009

A recent study published in Denver Post found that out of the drivers charged with DUI every year in Colorado, 10,000 have already been arrested for the same offense. In fact, from 2005-2007, the unique offenders are just above 31,000. This means that there is roughly one out of three drunk drivers repeating their offense and habitually breaking the law.

Out of the 10,000 drunk drivers, these are also true:

· 5,679 had three prior offenses

· 84 had 10 offenses

· 5 had over 20 offenses

The city of Colorado did some steps to combat this issue. One of them is dropping the DUI threshold from .08 to .10. However, there was little improvement that occurred since 2004.

Now, there are some discussions taking place in the state. Organizations such as MADD (Mothers Against Drunk Driving) have been lobbying for a change in Colorado’s laws.

Therefore, lawmakers plan to make drunk driving as a felony offense after several occurrences. In other states, this is already being done – sending convicted drunk drivers to jail after a certain number of offenses. However, Colorado has no limit to the DUI charges that you can obtain in your lifetime. The state has attributed this issue to budget problems.

Tags: Colorado, Denver Post, drunk drivers, dui, law, MADD
Posted in dui, dui colorado, dui laws | No Comments »

Get your Defense for Murder

Thursday, May 7th, 2009

It’s against the law to kill another human being. This is called murder and if you are charged with this crime, the consequences are severe. While its exact definition varies depending on jurisdiction, many courts distinguish between a premeditated crime such as murder, to manslaughter, which is a less serious offense.

Those accused of murder may face severe punishments such as:

• -Fines and penalties
• -Life imprisonment either with/without parole
• -Death penalty

Punishment severity is also based on many factors including:

• -Status of probation/parole
• -Prior criminal convictions
• -Aggravating/mitigating circumstances
• -General community attitude towards the questioned crime

An aggressive and experienced criminal law attorney has a lot of defenses under his or her belt. As a result, the outcome of your murder case will improve. Some defenses that can be used in trial for a murder include: insanity, factual innocence, insufficient proof or evidence, or self-defense.

So if you or your loved one is charged with murder, it’s best to hire a criminal attorney who’ll aggressively defend your legal rights. If your attorney is good, he or she can devise many strategies to improve the case outcome like gather good evidence in your favor, negotiate alternative punishments, reduce your penalties, or even get your case dismissed.

Tags: attorney, crime, criminal attorney, criminal law attorney, defenses, murder
Posted in Criminal, Defense lawyer | No Comments »

Different Types of Spinal Injury

Thursday, May 7th, 2009

The most common injuries associated with body trauma arise from slip and fall, car, or truck accidents. And among the back, neck, and spine injuries, the spinal discs are more at risk. The spinal column, where these discs are located, extends from the brain, runs through the back of the neck, and down to the lower back. Therefore, it’s divided into three areas:

• *Cervical – the neck part
• *Thoracic – the mid-back part
• *Lumbar – the lower back part

Also, there are many descriptive terms used for the disc injuries and pain. Some of them are:

• *Herniated Disc – a bulge has opened up in the disc and its gel-like substance came out. This injury will affect how you perform your everyday tasks. It will bring severe pain in all you do.
• *Ruptured Disc – all the gelatinous portion of the disc is forced through the weakened part. If you have this, you would always experience back pain.
• *Slipped Disc – when your discs spit or rupture. This can also cause pain in the surrounding area.

If you are now suffering from any of these injuries due to an accident where someone is at fault, you can find injury lawyers and ask help from them. They can help compensate you for physical, psychological, and emotional problems associated with these injuries.

Tags: cervical, herniated disc, injuries, injury lawyers, lumbar, ruptured disc, slipped disc, thoracic
Posted in Injury, Personal Injury | No Comments »

Brant-Seymour Shocking Divorce

Thursday, May 7th, 2009

Public figures divorce all the time, yet many people still think that it’s such as waste. These people seem to be a perfect match. Yet, another celebrity couple filed for divorce – supermodel Stephanie Seymour and billionaire Peter Brant.

They have three children – Lilly, 4, Harry, 12, and Peter, 15. After 16 years of marriage, Seymour and Brant are set to appear in Greenwich, Connecticut court on Monday.

Reportedly, Brant will argue (through his lawyer) that Seymour is unfit to be a mother to her kids. Therefore, he’s going to fight for custody. The split is fast becoming controversial since Seymour told a friend that they still live in the same house but she’s currently sleeping with the maids in their quarters. “I’m trying my best to keep things amicable. It’s tough and he (Brant) is playing dirty with me,” she added.

Brant is the CEO and owner of a newsprint corporation. He’s also the publisher of “Art in America” and “Interview.” Originally from Connecticut, his hobbies include playing polo and collecting art.

Meanwhile Seymour is from San Diego and she has been modeling since 14 years old. She won the Look of the Year contest from Elite Model Management and appeared in the swimwear issue of Sports Illustrated. She’s also a former model of Victoria Secret.

Tags: Connecticut court, custody, Divorce, lawyer, Peter Brant, Stephanie Seymour
Posted in Celebrity Divorce, Divorce | No Comments »

Boston’s DUI Laws

Thursday, May 7th, 2009

In Boston, defending against DUI (Driving Under the Influence) is very tricky. You must hire Boston lawyers who understand medical and scientific concepts. Also, they must be experienced in questioning tough witnesses, including police officers and scientists.

The DUI punishment in Boston set by the state statute is also incredibly complex. Basically, there is a range of possible sentences but it has modifications for things like:

• *Refusal to cooperate in chemical testing
• *With a BAC (Blood Alcohol Content) over .20%
• *Having a child (less than 14 years old) in the car
• *Speeding over the limit (more than 20mph of the speeding limit)
• *With prior conviction within the last seven years

In addition, the actual sentence in a DUI case may be affected by the following:

• *Policies of prosecutors and local court
• *Weaknesses in the case exposed by defense lawyers
• *Facts of the case
• *Reputation of the lawyers

All of these are independent of DMV (Department of Motor Vehicle) suspension, which can be complicated and determined separately.

Unfortunately, general practice lawyers with little or no experience in DUI attempt to represent clients in this field. Always remember that only an experienced DUI lawyer who specializes in drunk driving cases and blood alcohol analysis could effectively handle these administrative and criminal proceedings.

Tags: BAC, Boston, Boston lawyers, DMV, dui, DUI lawyer, general practice lawyers
Posted in dui, dui boston, dui laws | No Comments »

Sexual Harassment is a Crime

Wednesday, May 6th, 2009

Some sexually harassing behaviors are violations of criminal law. These can be made up of criminal stalking, attempted assault or assault, and criminal sexual conduct.

It would be good if the victim clearly articulates displeasure over another’s behavior. However, they don’t need to do that. Harassed individuals only need to report the harassment to their employer or police, trigger an investigation, and file a case if they want to press charges against their offender.

Also, take note that even distributing sexually explicit materials including jokes via e-mail or internet websites may constitute sexual harassment. But even if it doesn’t, these are so disruptive and unprofessional. They should warrant discipline from the employer.

In sexual harassment litigation issues, jurors often have strong views about these issues and they have certain expectations from the employers such as:

*Procedures must be in place and it should be in writing
*Such procedures must be followed
*Upon the victim’s complaint, adequate investigation should have been done
*There should be no retaliation to the victim
*The company should exercise fair and consistent treatment to all its employees.

Furthermore, the trial lawyer’s ability to prove or disprove harassment may be dependent on the following factors:

*Credibility of company witnesses
*Credibility of Plaintiff
*Timelines of complaint
*Ulterior motives
*Common sense
*Consistency
*Adequacy of company response
*External validation of behavior (such as when the plaintiff told others about the incident).

Tags: crime, Criminal, criminal law, sexual harassment, trial lawyer
Posted in Criminal, Sexual Harassment | No Comments »

Whiplash Injury Claim

Wednesday, May 6th, 2009

When a person suffers injury to their neck, it can be typically referred to as whiplash injury. But too often, this type of injury is often overlooked or under-compensated because it’s considered minor. However, the pain and suffering that one experiences in this type of injury is not a joke.

There are variable factors that can affect your whiplash injury claim. If you apply for a claim with the insurance company directly, then you can be compensated according to the settlement agreement that you made. However, if you decide to seek the advice of an injury lawyer, you may be entitled to the following:

· General damages – it may be difficult to determine the overall amount that you can claim based on the physical pain and suffering you encountered. Details of your medical report can be the key to establish the actual extent of the injuries. You may also claim for loss of enjoyment or emotional pain. Other psychological disorders, such as depression, may also be included in the claim.

· Special damages – these can be paid to you based on special losses you encountered due to the injury. Therefore the amount may be fixed to some degree. Paying for medical attention, hiring someone to care for you while recovering from your injury, or car hire expenses because your car is still in the repair shop – all of these may be included in your claim.

Tags: general damages, Injury, injury lawyer, special damages, whiplash
Posted in Injury, Personal Injury | No Comments »

Law and Court Expectations

Wednesday, May 6th, 2009

Maybe you have experienced or witnessed the power of the family court. It can transfer property to someone else, order violent people to leave their homes, or compel somebody to pay various sums of money. However, it also has its limitations.

Family law is a “civil” law dealing with disputes, not crimes. So for example, if you just had a divorce and your former spouse is not following court orders such as visitation, child custody, or child support, then he or she is not committing a crime. Only a non-molestation injuction was broken.

And since the court cannot monitor its orders, it’s up to you to check whether they’re being carried out. The only way you can make somebody follow the law is to take the case back to court again. That’s why it’s important to keep all your court papers on file.

Another limitation of family law or court is its inability to change the attitude or personality of your spouse. Don’t expect a nasty person to be nice and an unreasonable person to be reasonable just because the law ordered them to. So remember that the law can be a big help to settle your disputes and divorce issues, but you cannot expect it to do everything for you.

Tags: court orders, Divorce, family court, family law, law
Posted in Divorce, Divorce Law | No Comments »

Burien City Manager charged with DUI

Wednesday, May 6th, 2009

Formal DUI charges have been filed against Mike Martin, Burien City Manager when his car struck a planter at 14^th Avenue South. The incident happened around 11pm of April 19. According to reports, one King County Sheriff’s deputy responded to a call and arrested Martin on DUI suspicion.

When he arrived at the scene, the officer said that Martin and the owner of the home (whose planter had been struck) were talking on the roadside. The homeowner told the officers that Martin was really drunk. At the same time, the officer also described Martin as having bloodshot eyes and smelling of alcohol.

According to the police report, Martin said he consumed only two beers, but later changed it to two glasses of wine. He also refused the breathalyzer and field sobriety test. On the way to Burien precinct, the officer quoted Martin saying “This was stupid; many people will be disappointed in me.”

Lucy Krakowiak, Burien Councilwoman, called for Martin’s resignation in a letter to Times/News. On the other hand, Jack Block Jr., former Councilman, stood by Martin and spoke in his support during the May 4 council meeting.

Since the city attorney of Burien reports to Martin, the council members hired an outside attorney who will advise them regarding this situation. Their lawmakers also conducted a few executive sessions in order to discuss the matter.

The arraignment date is scheduled on May 15.

Tags: attorney, Burien, dui, Jack Block Jr., Lucy Krakowiak, Mike Martin
Posted in Latest Legal News, dui | No Comments »

To File a Criminal Case or Not

Tuesday, May 5th, 2009

Justice Department officials stopped recommending criminal charges against the lawyers of the Bush administration. Steven Bradbury, John Yoo, and Jay Bybee were the lawyers who wrote secret memos to approve harsh interrogation techniques on terror suspects.

Critics say that their techniques are just the same as torture. Therefore, the initial recommendation of investigators is to refer these lawyers to state bar associations, where professional sanctions can be levied against them, the most severe of which is disbarment.

Yoo is a professor working at University of California-Berkeley; Bybee is a 9^th U.S. Circuit Court of Appeals judge; while Bradbury returned to private practice as soon as he left government at the same time as the end of former President George W. Bush’s term.

Although the investigative report was still in draft form, Attorney General Eric Holder may determine the steps to take upon finalization of the report. Most of the work was completed, but the possibility of criminal charges was not mentioned in the letter as well as the names of the lawyers under scrutiny.

This inquiry has been running around like a politically-loaded guessing game – some people are advocating criminal charges while others are urging to drop the matter. Meanwhile, Office of Professional Responsibility is still investigating the matter. They are looking at possible ethics violation, and on rare occasions, inquiries like these become full-blown criminal investigations.

Tags: Attorney General Eric Holder, Criminal, Jay Bybee, John Yoo, Justice Department, lawyers, Office of Professional Responsibility, Steven Bradbury
Posted in Criminal, Criminal News | No Comments »

Insurance Companies may Cheat you

Tuesday, May 5th, 2009

Victims of personal injury usually don’t know how much they could claim for a back injury or car accident insurance settlement. Every case is different.

In a regular claim, the company attorney or adjuster will determine the settlement amount. However, if you deal directly with them without the presence of an attorney, the insurance company may try to convince you that your claim is really not worth too much. The common strategy is to give you a small offer and would threaten you to “take it, or otherwise, leave it.”

On the other hand, if you consult personal injury attorneys, they would naturally know how much a case is worth based on their experience. If you allow them to negotiate for you, it’s in their best interest to claim for a higher amount (they’ll earn more if they can get more settlement for you). For example, a common initial offer is $500 for your pain and suffering. However, an experienced personal injury attorney would have gotten $5,000 for the same claim.

The amount you can claim for back injury settlements would depend on many factors:

· The severity of the injury

· The length of treatment

· The amount of permanent damage done

· How much work or pay was lost

· The effect on your lifestyle

· The kind of job you could have had if there was no injury that took place.

Tags: attorney, personal injury, personal injury attorney, personal injury attorneys
Posted in Injury, Personal Injury | No Comments »

Why do Couples Divorce?

Tuesday, May 5th, 2009

There are many reasons why couples would want a divorce. Divorce lawyers can cite hundreds of causes out there but here are the common ones:

· Incompatibility – this is the most-cited cause. The couple did not find a common ground emotionally, intellectually, and sexually. They explain that it’s unbearable to live with someone you can’t fit with.

· Sexual problems – couples are expected to perform the act of sex because it’s an essential part of marriage, unless of course, a person accepts a sexual problem even before marriage. In some cases, disinterest or sexual dysfunction happens after tying the knot. It can be a cause for divorce if the couple will not be able to resolve it.

· Marital Infidelity – the law states that marriage should be mutually exclusive between two parties. So if evidence of infidelity is obtained, one may seek divorce.

· Abuse – this does not only mean physical abuse. It may also be in the form of sexual and emotional abuse. Alcohol, gambling and drug abuse may also be causes of divorce.

· Financial issues – most disagreements stem from money problems. If there’s no chance for a resolution, then divorce may be their way out.

· Communication problems – these may not exist before marriage, but often, expectations have not been made clear and certain issues typically magnify during marriage.

Tags: Divorce, divorce lawyers, law
Posted in Divorce, Divorce Lawyer | No Comments »

Your DUI Case is not Hopeless

Tuesday, May 5th, 2009

A DUI charge doesn’t necessarily lead to instant convictions. Actually, there are many ways to challenge it. If you speak to an experienced DUI lawyer, he or she can assess your case. In many instances, an attorney may clear your record fully, or keep consequences to a minimum at the very least.

Challenge your initial arrest – when you’re arrested by a police officer under suspicion of DUI, he or she should have a probable cause as prescribed under the United States constitution. If your arrest is based solely on a random basis, an anonymous tip, or on “suspicious” reasons such as race and ethnicity, then your DUI lawyer can question this arrest.

Challenge your questioning – upon arrest, officers must read your “Miranda rights,” which is composed of specific rights to remain silent, entitlement to a lawyer, etc. So if you’re arrested and the officer didn’t recite these famous lines, your DUI lawyer’s defense will move towards a violation of your rights.

Challenge your tests – in most states, officers will require a test (urine, saliva, blood, or breath test) to check the level of alcohol in your blood. Even if you failed on these tests, your DUI lawyer can question the functionality and maintenance of breathalyzers, as well as the medical qualification of the person who did the blood alcohol testing. On these grounds, your case is definitely not an instant losing battle.

Tags: breathalizers, dui, DUI lawyer, lawyer, Miranda rights
Posted in Uncategorized, dui, dui laws, dui lawyers | No Comments »

Can you fight a “Disorderly Conduct” Charge?

Monday, May 4th, 2009

Imagine having barbecue with friends, eating well, and drinking beers. Then, while talking with several neighbors on the sidewalk, a police officer parked and told you that someone called regarding a “disturbance.” Before long, you are “taken into protective custody.” Also, you are issued a “public intoxication” misdemeanor citation.

What can you do in this case if you know that you’re not drunk and you’re not causing any disturbance? Well, you can ask a lawyer and turn to the law.

If you’re arrested in California, their Penal Code Section 647 concerning “disorderly conduct” states that anyone found under the influence of liquor in a public place may be put into civil protective custody. However, there should be conditions. The individual should be unable to care for his safety or for other’s safety, and interferes with the free use of a sidewalk, street, or any public way.

In the case above, there are many arguments to fight the charge. First of all, if you said that you were not so intoxicated, how did the officer conclude that you were? Did he perform any field sobriety tests on you? Remember that being “legally drunk” while driving is different from just talking with neighbors outside your house. So will your neighbors testify on your behalf?

Also, take note that a criminal conviction requires proof beyond reasonable doubt from a unanimous jury. If misdemeanor is your charge, then you can still reduce that to an infraction, upon advice of your defense lawyer.

Tags: California, Criminal, Defense lawyer, disorderly conduct, disturbance, infraction, law, lawyer, misdemeanor, Penal Code Section 647, public intoxication
Posted in Criminal, Defense lawyer | No Comments »

Chimpanzee Attacker’s Owner may Freeze Assets

Monday, May 4th, 2009

Attorneys in a Stamford lawsuit are getting close to reaching an agreement on freezing some or all of the assets of Sandra Herold.

Herold owns a chimpanzee that attacked Charla Nash last February. According to reports, Herold is Nash’s employer and friend. On Feb. 16, the chimpanzee escaped and Herold called Nash for help to get the pet back in the house. After the attack, the police shot and killed Travis (pet’s name).

The injuries suffered by Nash are terrible. According to the doctors, she lost her nose, lips, and hands. And in addition to her brain injury, she is also blind because of the attack. Right now, she’s slowly making improvement at Cleveland Clinic in Ohio.

In March, Nash’s attorneys already moved in to prevent Herold from getting rid or selling her $50 million assets in case damages are awarded later in the lawsuit. At the next scheduled hearing, the attorneys will already present a possible agreement, to be approved by the court.

Michael Nash, the twin brother of the victim, was appointed the conservator in Probate Court. According to Nash’s attorney, Charles Willinger, “Damages awarded in this suit would go to the care of her daughter (17-year-old) as well as her recurring medical expenses.”

Tags: attorney, attorneys, brain injury, Charla Nash, Charles Willinger, Cleveland Clinic, injuries, Injury, Michael Nash, Probate Court, Sandra Herold
Posted in Injury, Personal Injury | No Comments »

Mediation: A Better Way to Divorce?

Monday, May 4th, 2009

Even if getting a divorce is the right thing to do, it can still be a difficult process. For many couples today, they go through mediation because it’s less painful.

Typically, traditional divorce treats the spouses as enemies. Each person has a lawyer and they try to claim as much as they can for their client. A judge may make the final decisions if the couple won’t agree. But sometimes, both are not happy with the outcome.

In mediation, however, the couple will be the ones to reach an agreement. The mediator is there only to help them communicate. And since the couple makes the decision, then they’re more likely to stick with it.

Mediation will only work if:

· The spouses agree on getting divorce

· They can talk calmly and make decisions without fighting

· They want to stay in good terms

· They respect and trust each other

However, don’t think that a lawyer is not necessary if you opt for mediation. It’s always a good idea to retain a divorce lawyer who will inform you of your legal rights before starting mediation. You can also request a lawyer to review the mediation agreement before you sign it. To find a lawyer, you can always consult an online law directory.

Tags: Divorce, Divorce Lawyer, law directory, lawyer, mediation
Posted in Divorce, Divorce Lawyer | No Comments »

DUI Victims Suffer Pain

Monday, May 4th, 2009

In the United States, someone is killed every thirty minutes and injured every two minutes by a drunk driver. DUI is the most frequent crime in the country, and it has long-lasting effects on those involved.

For the drunk driver, legal costs include fines, jail time, driver license suspension, and other penalties. Most of the time, these drivers don’t think about the consequences of their actions until it’s too late.

For the innocent victims, drunk driving may cause severe injuries and even death. So if a drunk driver has affected your life in some way, it’s essential for you to seek legal advice immediately through an attorney referral service.

Alcohol is always an aggravating factor in an accident, especially concerning motor vehicles. Therefore, if someone is found guilty of DUI, a harsher sentence is ordered. Aside from the drunk driver, you can also file a suit against the party who supplied the alcohol. This is called “dram shop liability” for multiple claims.

Your attorney may also charge criminal charges against the DUI offender. When the driver doesn’t have liability insurance, some states offer reimbursement programs to the victims.

Truly, drunk drivers may cause you enormous amounts of suffering and pain. The only thing you can do is consult an experienced DUI attorney and make sure that you’ll receive the maximum compensation amount you’re entitled to.

Tags: attorney, dram shop liability, drunk driver, dui, dui attorney
Posted in dui, dui attorney | No Comments »

Help in Copyright Laws

Sunday, May 3rd, 2009

The copyright law (section 501) states that any person violating the exclusive rights of the author infringes the copyright of that author. Section 106 in the same law explained that the owner has the exclusive right to:

• *Display copyrighted work publicly
• *Perform the work publicly
• *Distribute copies of this work to the public through lending, lease, rental, sale, or other transfer of ownership
• *Prepare derivative works based on the work
• *Reproduce the work in copies
• *Perform the work publicly (in case of sound recordings) by means of digital audio transmission.

If you engage in these activities without obtaining the permission of the owner, then you committed a crime and are liable for infringement. To makes sure that you are not breaking this law, consult with the Copyright office. This office serves as a primary place of record where anyone can register claims to copyright and record documents related to copyright.

On the other hand, if you believe that your copyright has been infringed, you may file a criminal lawsuit and contact IP (Intellectual Property) Program of FBI (Federal Bureau of Investigation). It’s recommended that you seek legal advice from a copyright attorney (one who specializes in arts, intellectual property, or entertainment law matters) and discuss your legal options.

Tags: attorney, copyright attorney, Copyright Law, Copyright office, crime, Criminal, FBI, infringement, IP, law, legal advice
Posted in Copyright Law, Criminal | No Comments »

Work Laws Compensate for Injuries

Sunday, May 3rd, 2009

When employees are disabled or injured on the job, they should be provided with permanent or fixed monetary awards. This is already stipulated in work laws; therefore, there should be no need for litigation.

However, there are times when private employers or companies undermine these laws. Take note that if they failed to pay you or your co-worker for injuries sustained on the job, you can contact a workers compensation lawyer in your area to seek help.

Work laws include:

• Factory machine injuries
• Construction accidents
• Work vehicle accidents
• Wrongful death
• Disability
• Slips and falls

You can request a “commutation” if you want a part or your entire permanent disability award in a lump sum. Through the order of your local Worker’s Compensation Administrative Judge, payment can be made either through you or your lawyer.

On the other hand, “compromise and release” is a workers’ compensation case final settlement. The parties will agree on one lump sum payment which usually settles all issues except for the employee’s future vocational rehabilitation.

In 2002, private companies reported that there were 4.7 million illnesses and non-life threatening injuries. With this result, there were 5.3 cases of work-related injuries per 100 full-time workers, as surveyed by Bureau of Labor Statistics.

Tags: commutation, compromise and release, disability, law, lawyer, work laws, workers compensation lawyer
Posted in Disability Benefits, Injury | No Comments »

Is this Arrogance of Judicial Power?

Sunday, May 3rd, 2009

Last week, Attorney Nancy Murphy had a busy day in court and just planned to arrive home for dinner and tuck her kids in bed. However, the family law attorney was stunned when she was handcuffed and taken to a filthy cell to spend the night.

Murphy said that she has no idea why Judge Mark Lopez, Cook County Associate, held her in contempt and ordered the guards to throw her in jail. All she remembers was that she was in Daley Center, specifically in Lopez’s courtroom, and representing a client seeking for child support payments.

Then, after the hearing, she filled out a form containing the rescheduling of the case for July 9. Lopez needs to sign this document so he took it to his chambers. When he came out, he said something about the document and told the sheriff to take her into custody.

The confused Murphy was handcuffed while Lopez wrote that he’s holding her in “direct civil contempt” because she ignored the court’s direct instruction on what to include in the document. As a result, Murphy was strip-searched and spent one night in jail.

Meanwhile, a divorce attorney who regularly practiced in Lopez’s courtroom was quoted to describe the judge as “courteous” and “extremely professional.” On the other hand, Professor Len Cavise of DePaul University advised that if the allegations of Murphy are true, then this is an example of “arrogance of judicial power,” and this judge must be disciplined by Illinois Supreme Court.

Tags: attorney, Cook County, divorce attorney, family law, Illinois Supreme Court, Judge Mark Lopez, Nancy Murphy
Posted in Divorce, Divorce Lawyer | No Comments »

The Toughest DUI Laws in the Country

Sunday, May 3rd, 2009

Washington State carries the stiffest DUI penalties in the country. A single arrest will dramatically change your life. Therefore, it’s important to retain a Washington lawyer experienced in DUI cases. If your lawyer is familiar with prosecutors and local practices, you have a higher chance of meeting the special rules and demands of the court, and therefore enhancing your chance of winning.

Here are some key aspects of the tough DUI laws in Washington:

· Immediate appearance – most courts will take maybe a month or two before prosecutors file your DUI case. But not in Washington. If you are arrested for DUI in this state, a court appearance will be required from you within 48 hours starting from the next business day.

· Pre-trial release policies – the prosecutors of most courthouses will not seek to increase bail during the first court appearance. However, Washington prosecutors will usually request pre-trial release conditions and substantial bail on all DUI cases. These include things such as abstinence from all alcohol, immediate installation of devices such as ignition interlock, and attending alcohol abuse classes as well.

· Oftentimes, alleged DUI offenders (who will appear in court unrepresented) are taken immediately to jail until they post bail. No credit cards or personal checks are accepted for it. They really have to stay in jail until arrangements are made. Therefore, it’s critical that an experienced DUI Washington lawyer represent them and ensure their immediate release.

Tags: dui, Washington, Washington lawyer
Posted in dui, dui laws, dui washington | No Comments »

Your Employee’s Identity can be stolen

Saturday, May 2nd, 2009

Identity theft is a white-collar crime, and the fastest one growing across America. It has been affecting people in many ways. In fact, in the past five years, there were 30 million cases already reported – 9.9 million were committed only a year ago.

Even if the statistics are staggering, there is still an attitude of indifference, as if it will only happen to others. So what if it did happen to another person, but that person is your employee? What would be the potential costs or damages to your business?

Maybe these will not be obvious at first. But there are hidden costs involved such as reduced productivity, lost time, deteriorating quality, and lower morale.

So what can you do to help your staff? You could offer a plan to provide:

• Access to credit reports (including the spouse, if any)
• A criminal lawyer or private investigator tasked to restore the true identity of the victim
• Continuous electronic monitoring and notification of another attempt to commit a crime

Stories of innocent people who became victims of identity theft are all around. These thieves can use another’s identity, credit card number, or social security number to commit a crime. As a result, victims can be issued a warrant, arrested, or even put in prison until the true identity of the criminal becomes clear.

Imagine if your valuable employee is the victim. At best, he could be distracted just for a while. At worst, he could be costing your business a lot of money because of lost time and deteriorating performance.

Tags: criminal lawyer, identity theft, private investigator, white-collar crime
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Do you have a True Medical Malpractice Case?

Saturday, May 2nd, 2009

Some people are shocked when their lawyers tell them that their medical malpractice case will not hold merit in court. These medical malpractice lawyers usually screen their cases and accept only those that qualify. To find out, they gather evidence and consult with the physicians involved. Sometimes, they can figure out if the case is solid just by talking with their clients.

A true medical malpractice case consists of negligent conduct causing damage to the patient. Theoretically, if there is no injury, or the negligent conduct is not the cause of the injury, then the legal system should not be bothered with it.

Medical malpractice laws are specifically designed to pursue compensation and protect patient’s rights if they’re injured due to negligence. A medical professional can be charged with negligence if there’s error in illness management, starting from diagnosis to treatment.

Other examples of negligence include misdiagnosis, failure to inform of the risks inherent in a certain procedure, negligently performing a procedure, or prescribing the wrong drug. So if such negligence resulted in injury, the patient can file a legal case for medical malpractice against the doctor, hospital, or local state.

However, medical malpractice suits are often costly and complex. The insurance companies that handle claims on behalf of these physicians are very aggressive to defend against these cases.

Fortunately, you can also defend yourself through medical malpractice lawyers. They can be easily found through a lawyer referral service or a lawyer directory online.

Tags: lawyer directory, lawyer referral service, medical malpractice, medical malpractice lawyers, negligence
Posted in Injury, Medical Malpractice | No Comments »

Legal Separation vs. Divorce

Saturday, May 2nd, 2009

Legal separation is similar to divorce in issues relating to allocation of debts or division of property, spousal support or alimony, visitation, child support, and child custody. In legal separation, the couple will be separated but they remain married. This option is usually pursued due to personal or religious reasons negatively associated with divorce.

So what is the true meaning of divorce? It means that the judge signed a document for “dissolution of marriage.” In other words, you are declaring that you’re no longer married to each other. It is a legal act, just like when you signed your marriage contract.

If you are filing a “no-fault” divorce, then there’s nothing that your spouse can do to stop it. However, he or she can stop a “fault divorce” by asserting defense. Some of these defenses are:

· Collusion – secret cooperation or agreement between spouses to deceive the judge

· Provocation – inciting another to do an act

· Connivance – setting up the other person to commit the wrongdoing

· Condonation – implied approval of one’s activities by acting as if the offense were never committed

Filing for a legal separation or divorce is similar to initiating a civil lawsuit. Many states have online forms that you can fill out and file at the courthouse (Complaint). Then, these papers will be delivered to the other party (“served”). Rules and conditions on the contents of the Complaint and how it must be “served” are technically specific and generally complicated. It’s not a good idea to do these without lawyer consultation.

Tags: Collusion, Condonation, Connivance, dissolution of marriage, Divorce, fault divorce, lawyer consultation, legal separation, no-fault divorce, Provocation
Posted in Divorce, Divorce Lawyer | No Comments »

DUI Arrests of Chicago Police Officer Investigated

Saturday, May 2nd, 2009

Joe Parker, a Chicago police officer may have falsified information in two of his DUI arrests. The local police department has already launched an internal investigation on this matter.

At the same time, Chicago’s Independent Police Review Authority is also investigating another DUI arrest apparently made by the same officer on South Lake Shore Drive. As a result, sources have told Chicago Sun-Times that the state’s attorney’s office dropped dozens of DUI cases from Parker due to questions about his arrests.

The subpoena came from Wayne Jackson, represented by Attorney Gregory Kulis. Jackson insists that he passed the Breathalyzer and field sobriety tests on the night of May 10, 2006. However, Parker still arrested him.

Now, the Internal Affairs Division of Chicago Police Department is investigating that case in addition to Parker’s arrest of Anthony Lindsey on March 1, 2008 and Eric Turner on May 27, 2008. All of them are arrested for DUI charges in the same area.

Prosecutors have been evaluating video recordings taken from Parker’s squad car and his arrest reports. Sources said that the videos of his administered field sobriety tests are inconsistent with his statements in the arrest reports.

As a result, Cook County Traffic Court asked Chicago Police Department to constantly assign video-equipped cars to officers who are frequently making DUI arrests.

Tags: Anthony Lindsey, attorney, Chicago, dui, Eric Turner, Gregory Kulis, Joe Parker, Wayne Jackson
Posted in Latest Legal News, dui | No Comments »

A Task Force on Wrongful Convictions

Friday, May 1st, 2009

Jonathan Lippman, New York’s top jurist, created a task force permanently to examine wrongful convictions, as well as recommend action steps on how to minimize them. As his first major initiative, the state’s Chief Judge has selected lawmakers, scientists, defense lawyers, and prosecutors to be members of the task force.

In his interview, Judge Lippman said “We will take the raw material from New York criminal cases and from around the country too, for that matter. Let’s see what we can do to change the justice system.”

Recent spate of overturned convictions includes high-profile cases of Martin Tankleff, who was convicted of bludgeoning his parents; and Jeffrey Deskovic, who was convicted of raping and murdering his high school classmate. In fact, according to a report of New York Bar Association, there were 53 people exonerated in the state since 1964, half of them were absolved through DNA testing.

The founder of Innocence Project and a criminal lawyer himself, Peter Neufeld, said “This move was unprecedented. Actually, one of the problems with wrongful convictions is that nobody ever collects data on it.”

While a handful of lawmakers and court officials in other states have already set up task forces or commissions with the same objective, some experts say that the version created by Judge Lippman promises to be quite robust compared to the rest.

Tags: criminal lawyer, defense lawyers, Jeffrey Deskovic, Jonathan Lippman, Martin Tankleff, New York, Peter Neufeld, task force, wrongful convictions
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Social Security Disability Lawyers increase your Chances of Winning

Friday, May 1st, 2009

Social Security Disability program provides monetary assistance to disabled people. In their definition, disability means the inability to engage in a gainful activity due to a mental or physical impairment which will last for more than 12 months or expected to lead to death.

People who are qualified to avail of this benefit know that it’s important to hire social security disability lawyers to help them in their claim. However, you need to understand that these lawyers are not there to expedite the entire process. The main goal of social security disability lawyers is to increase the chances of winning your claim for benefits at every level of the process.

Since most insurance and income claims are denied at initial application and reconsideration level, it can be appealed to Administrative Law Judge level. Then, you can be scheduled for a hearing. This is where you need the help of a social security disability lawyer to increase your chance of success.

These lawyers typically have the experience to gather and evaluate your medical documents in order to prepare the right format required by the Administrative Law judge. The most important thing that they do is decipher and answer all the questions of the judge and showcase their expertise in navigating through the hearings.

Tags: Administrative Law Judge, lawyers, social security disability lawyers, Social Security Disability program
Posted in Disability Benefits, Injury | No Comments »

Understanding Child Custody

Friday, May 1st, 2009

In the event of separation or divorce, child custody is necessary. It is a legal decision to determine which parent should have a legal or physical control over their children. This decision may be awarded to just one parent (sole custody) or to both (joint custody). The parents usually have a say to the awarding of child custody, however, if they can’t reach a decision, an attorney or court will intervene.

There are two types of child custody:

• Legal custody refers to all the rights (such as medical care, education, or religious affiliation) concerning a child’s upbringing.
• Physical custody is the right to physically provide a home for a child.

If custody is awarded to only one parent, the other one can spend time with the children through visitation rights. Usually, parents will determine the schedule of visitation. Although sometimes, the court may order fixed visitation schedules if there is hostility between parents.

In a custody hearing, child support will also be determined. This refers to payments (usually monthly) that the non-custodial parent needs to give in order to feed, clothe, educate, and entertain the child. This amount is typically determined by the court. It’s usually paid until the child turns 18, marries, enlists in the military, or moves out of the house.

To achieve fair and objective decisions regarding child custody, visitation rights, and support, it is best to seek help from attorneys at law in your area.

Tags: attorneys at law, Child Custody, child support, Divorce, joint custody, legal custody, physical custody, separation, sole custody, visitation rights
Posted in Child Custody, Divorce | No Comments »

Driving is only a Privilege

Friday, May 1st, 2009

In the United States, there’s a common misconception that anyone has the right to drive. But this is not true. If you would look at the constitution, there is a right to life, liberty, as well as the pursuit of happiness. There is nothing there that says any person has the right to drive.

Therefore, driving motor vehicles can only be considered a privilege. And that privilege can be modified or taken away based on certain conduct or several issues such as DUI cases. If you understand this, you will also understand why many constitutional and procedural safeguards don’t apply when you drive a motor vehicle after a DUI arrest.

Also, driving can be removed with due process. Usually, this process involves an administrative hearing in the court of a DMV (Department of Motor Vehicle) law judge. When you’re facing these issues, make sure that you seek attorney consultation right away. Take note that there are 50 states, and each one has their own licensing department.

Some states even have a department for driver improvement. It’s typically their job to investigate drivers who seem to have higher risk than others. They also make sure that the minimum safety standards are followed. Aside from DUI cases, they may also investigate drivers with histories of instability or mental illness, drivers on anti-seizure drugs or other medications, and elderly drivers as well.

Tags: attorney consultation, DMV, driving, dui, privilge, right
Posted in dui, dui laws | No Comments »