Still Getting Paid Even if Fired and Behind Bars

Friday, June 5th, 2009

Charlene Schmitz is already behind bars in a Tallahassee, Florida detention center. She’s serving 10 years for sending instant messages and texts to seduce a student (14 years old).

Although she has recently been fired as a reading high school teacher in Leroy, Alabama, she’s still collecting a paycheck. Schmitz is also appealing her firing and federal conviction. Moreover, pending state charges are filed in connection with her case. And under Alabama law, she’s entitled to her usual $51,000 a year salary while in the process of appeal.

School officials are unhappy because they have to pay not only Schmitz, but her replacement as well. The school has no choice but to obey Alabama Teacher Tenure Law – this protects tenured teachers from sudden and unfair firings. In 2004, a law change requires the school board to continue paying fired teachers until their employment appeals are decided by arbitrators.

Schmitz was found guilty by a jury on Valentine’s Day of 2008. She received two federal charges due to child enticement using electronic means and a 10-year sentence. Then in late March, the school board officially terminated her.

Henry Caddell, Schmitz’s criminal attorney, filed an appeal and said “Ms. Schmitz is still entitled to receive her pay until all of this is determined.” On the other hand, all the school board wants now is for an arbitrator to hear Schmitz case so that it can move on.

Tags: Alabama, Alabama Teacher Tenure Law, attorney, Charlene Schmitz, Criminal, criminal attorney, Florida, Henry Caddell, law, Leroy, Tallahassee
Posted in Criminal, Criminal News, Defense lawyer | No Comments »

Injury Suits Distinction Discarded

Friday, June 5th, 2009

A lawsuit was filed by Valerie Koenig, a woman living in Des Moines who tripped in her son’s house over a carpet-cleaner. She sued due to suffering a leg injury. However, she lost in a Polk County court. Consequently, she appealed, saying that the judge relied on jury instructions already outdated in modern society.

In the past, property owners need to warn allowed visitors and invited visitors on potential dangers. Those who were invited to the property could sue if the owner failed to warn them of these dangers. However, those merely allowed to visit (or “licensees”) could not.

This centuries-old provision that differentiates between people invited onto private property or those merely allowed to visit has been dissolved by the Iowa Supreme Court. The lawyers said that the decision eliminated an outdated rule leading to confusion among jurors as well as conflicting results in courtrooms.

Justice Brent Appel described the ruling on Friday as a “higher valuation given to public safety as compared to property rights.” As a result, justices returned Koenig’s case to Polk County to undergo a new trial. If she can prove that her son showed “general negligence,” then she could have a good chance of winning the case.

Tags: Des Moines, Injury, Justice Brent Appel, lawsuit, leg injury, licensees, personal injury, Polk County court, Valerie Koenig
Posted in Injury, Latest Legal News, Personal Injury | No Comments »

Family Court Judge Accused of Overstaying

Thursday, June 4th, 2009

A family court judge was accused by a local attorney of overstaying in his bench. In fact, he’s taking this constitutional challenge to Nevada Supreme Court.

It does not always happen that a private person will try to remove a judge, but that’s exactly what is happening. According to Attorney Bob Leuck, Judge Bob Teuton is illegally sitting in office and if he continues his service, it would jeopardize every custody matter, every divorce, and every decision that he makes.

A former Assistant District Attorney, Teuton has been sitting for 30 years on the bench and was appointed in August 2008 to Department D Family Court. He expects to serve until November 2010 unless a constitutional challenge unseats him. He said “I’m a judicial officer and I have faith that the court system will make the right result.”

Meanwhile, Leuck argued that Teuton’s appointment should have ended on January 5, 2009. It was stated clear in the Nevada Constitution that the appointment should have ended on the first Monday of January. He explains that it’s nothing personal. He simply wants to follow the constitution.

If Supreme Court finds an overstaying term, Teuton says that the governor would be expected to re-appoint him. On the other hand, Leuck disagrees and explains that determinations made by an illegal person in office are not worth the paper they are printed on. Ultimately, this will also be determined by the Supreme Court.

Tags: Attorney Bob Leuck, district attorney, Divorce, famiy court, Judge Bob Teuton, Nevada Supreme Court
Posted in Divorce, Latest Legal News | No Comments »

Parole Violation seen in Facebook Photos

Thursday, June 4th, 2009

To a lot of college students, posting their pictures on Facebook while partying and drinking with friends may not be a big deal. However, those pictures bore serious consequences for a woman in Campton Hills charged with a DUI-related fatal crash.

The 20-year-old Erika Scoliere was outfitted with alcohol-monitoring ankle bracelet under a Kane County judge’s orders. According to a police report, officers found online photos of Scoliere on Facebook consuming alcohol.

The woman was charged with aggravated DUI and reckless homicide after a collision in South Elgin on July 2007 that killed a motorcyclist. She’s awaiting trial but the condition of her bail is to refrain from consuming alcohol or even be at the presence of people who are drinking. Unfortunately, the South Elgin police found her online photos drinking with friends who attend college in Ohio.

“The defendant appeared to be having good time drinking tequila,” says Judge Thomas Mueller during a court hearing on Wednesday as he leafed through the picture copies. As a result, Atty. Steve Sims (Assistant State Attorney) argued that Scoliere put on an ankle monitor since she has violated her bail.

“Secure Continues Remote Alcohol Monitor” or SCRAM detects alcohol through perspiration and then alert authorities. Scoliere will wear the device and be charged with $15 a day for it.

Tags: attorney, Atty. Steve Sims, Campton Hills, defendant, dui, Erika Scoliere, Facebook, Judge Thomas Mueller, Kane County, SCRAM, South Elgin
Posted in Latest Legal News, dui, dui attorney | No Comments »

Consider These Things before Hiring a Criminal Lawyer

Wednesday, June 3rd, 2009

When you’re facing criminal charges, it’s imperative that you consult the best criminal defense attorney immediately. If you have an aggressive and skilled lawyer on your side, it would spell the difference between a dismissed or reduced criminal charge and a prison sentence.

Before you hire a criminal lawyer, consider these things:

• *The sooner you hire an attorney, the better results you’ll get. The longer you wait; it’s possible that witnesses will forget exactly what happened and the more chances for the evidence to be contaminated.
• *It’s important to hire a lawyer that specializes in your specific crime.
• *Moreover, it’s critical that you get someone who’s familiar with local court procedures and customs where you were arrested. Local defense attorneys will have a better chance to lessen your sentence, reduce your charges, or negotiate a good deal.
• *Have an open communication with your lawyer starting from initial consultation so that you’ll have a realistic and clear understanding of your possible punishment. So make sure that you’re comfortable with your chosen lawyer before committing to move forward.
• *Don’t hesitate to discuss your case with a criminal defense lawyer even if you’re guilty. It’s highly likely that your lawyer can investigate your case details further and negotiate a favorable deal with the prosecutor.
• .

Tags: attorney, Criminal, criminal defense attorney, criminal lawyer, lawyer, prosecutor
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Contingent Fees are Common in Personal Injury Cases

Wednesday, June 3rd, 2009

When the attorneys earn a fee or a percentage of the client’s claim, it’s called “contingent fees.” These are typical fees given in personal injury cases throughout the United States. There are various advantages in giving this incentive to the lawyers to encourage them to claim the best outcome for you.

In fact, a study (Behavioral Analysis of Contingent Fees) at University of Jerusalem done by professors reached a conclusion contrary to common economic wisdom:

• *Counter-intuitively, people judge contingent fees yielding low effective hourly rate for the lawyer as unfair compared to contingent fees yielding high effective hourly rate.
• *Lack of alternatives and information problems are not such big factors to be considered in the fee arrangement chosen by clients.
• *Loss aversion (instead of risk aversion or giving incentives to win the case) may play a major role in the preference of clients for contingent fees.
• *Facing a choice between one mixed gamble and one pure positive one, the plaintiffs would prefer contingent fees even if that yields an expected fee several times higher compared to a non-contingent one.
• *Defendants facing a choice between two negative gambles typically risk preferring and seeking fixed fees.
• .

Tags: attorneys, Behavioral Analysis of Contingent Fees, contingent fees, Injury, lawyer, lawyers, personal injury, University of Jerusalem
Posted in Injury, Personal Injury | No Comments »

Think Twice in Contemplating Divorce

Tuesday, June 2nd, 2009

In the United States, more than 55% of first-time marriages result in divorce and more than 70% of second-time marriages also do. If you are contemplating on divorce right now, at least you know you’re not alone. But it’s very important that you understand exactly what you will go through. You don’t want to be uneducated or unprepared in confirming this life changing decision.

Bear in mind that if your relationship is amicable during your divorce, you will likely lessen the financial and emotional burdens caused by it. So before you finalize your decision, make sure that you have done the following:

• *Counseling – especially if you have children, they deserve a deep look into what’s wrong with your marriage.
• *Face common marriage problems – look inside yourself and ponder if the problem starts with you. Do you prefer to be with your friends or at a bar?
• *Deal with bankruptcy or tax issues – financial stresses are often caused by divorce, as many federal bankruptcy courts reveal. Married couples also pay fewer taxes than single ones.
• *Seek support – find a lawyer to help you make an objective decision. You can also rely on family and friends during this stressful period.

To look for legal and professional help, search for a lawyer online through lawyer directories on the web. Who knows, subsequent talks and discussions might even strengthen your marital bond and make you think twice about the divorce.

Tags: bankruptcy, counseling, Divorce, find a lawyer, lawyer, lawyer online, marriage problems, support, tax issues
Posted in Divorce | No Comments »

Effectiveness of Breath-Alcohol Odor

Tuesday, June 2nd, 2009

In every DUI case, the officer is always prepared to testify against the arrested suspect, especially for breath-alcohol. If the arrest report doesn’t include such odor, then the suspect would probably be booked for driving under drugs’ influence. In other words, alcohol on a suspect’s breath would always be the observation encountered in every DUI case.

It’s also the most damaging because the jury would inevitably conclude that “when there’s smoke, there’s fire.” This means that alcohol present on the breath would lead to alcohol present in the body.

Fortunately, your DUI lawyer can raise two effective defense attacks:

1. -Question the source of smell
2. -Question the intoxication conclusion

One important point to take note: basic alcohol does not have any odor (or only a little). The fact is: the officer only smells the “flavoring odor” of the drink (wine, gin, beer, and scotch). And this odor can be deceptive as to the drink’s strength and amount consumed. For example, beer and wine will leave the strongest alcohol odor yet they’re the least intoxicating ones. In fact, a single beer can smell stronger on the breath than several martinis.

Furthermore, the smell of alcohol can be detected from a person who consumed a “near beer” beverage. These are non-alcoholic beverages made from yeast, hops, malt, and grain. It tastes, smells, and looks like regular beer but it does not contain any alcohol at all.

Tags: alcohol, breath-alcohol, dui, DUI lawyer, lawyer, officer
Posted in dui, dui laws | No Comments »

No Criminal Offense in Pocomoke Election

Monday, June 1st, 2009

There might be irregularities in the recent Pocomoke City election, but the State’s Attorneys Office in Worcester County say that no crime was committed. Joel Todd, the State’s Attorney for Worcester County released a statement that said “The office’s role is to determine whether there’s probable cause that a crime was committed. This would be based on the facts obtained from extensive investigation and the laws of Maryland State and Pocomoke City. Based on my conclusion, there’s none.”

The cause of the investigation is a candidate claiming that there’s voter fraud in Pocomoke’s council seat election (District 4). According to Stephanie Burke, town leaders have coerced people (for example, those in the senior citizen communities) to vote for Tracy Cottman (her opponent in the election) because these town leaders do not like her change platform.

More specifically, Burke’s complaints were as follows:

• -Her opponent solicited for absentee ballots, completed portions of absentee ballots applications, handled completed absentee ballots, and marked portions of absentee ballots.
• -Most of the absentee voters could have voted in-person.
• -Board of Election Supervisors in Pocomoke failed to perform their duties.

Truly, certain irregularities were seen in the election system of Pocomoke during the investigation conducted. The State’s Attorney’s Office said that in the recent election, it’s possible that 17 people voted twice, both in-person and by absentee ballot. However, Todd says that there’s really no evidence that this actually happened.

Tags: attorney, Criminal, Joel Todd, Maryland State, Pocomoke City, State's Attorneys Office, Stephanie Burke, Tracy Cottman, Worcester County
Posted in Criminal, Criminal News, Latest Legal News | No Comments »

A Pedophile could get 45 Years

Monday, June 1st, 2009

On Friday, a self-confessed pedophile, Jeffrey Brisson, could be sentenced to a 45-year jail time. A prosecutor told the court officials that this sentence would protect three generations of children.

Paul Rotiroti, Senior Assistant State’s Attorney told the public, “This is the most horrifying, disgusting, and alarming case I’ve ever seen or handled in court. We need to keep this man separated from society.”

The 30-year-old Brisson was arrested on January 30, 2008 together with 40-year-old Harold Spurling, his roommate. The officers served warrants for a teenage boy’s longtime molestation but when they found the pair in their apartment, Brisson was sexually assaulting a 3-month-old girl.

Succeeding searches of their computer revealed state history’s largest child pornography investigations. They recovered numerous videos of children being molested for several years. Sex acts on children with ages varying from 3-month old babies to 2 years were seen. In fact, police said there was a 14-year-old who has been victimized for eight years.

The mother of the baby (3-month old) was also arrested because she risked injury on the child for leaving her in a filthy apartment. The woman said that she allowed it because the men offered “free babysitting.”

Brisson’s attorney public defender, Kenneth Simon, argued that, “There was actually no physical force. It’s not a physical injury, more of a mental one. Sure, the videos may be disturbing but I saw that the baby was just smiling.” Although Simon did not agree to the facts on the charges, he conceded that Brisson would likely be convicted during trial.

Tags: Harold Spurling, Injury, Jeffrey Brisson, Kenneth Simon, Paul Rotiroti, pedophile, prosecutor
Posted in Child Injury, Injury, Latest Legal News | No Comments »