Immediate Snow Removal Law

Thursday, June 11th, 2009

Park Ridge City Council is focused on snow while most of their citizens are probably looking forward to summer and sun. An ordinance that requires all businesses to clear their own sidewalk of ice and snow immediately after a snowfall or else risk being fined is considered by aldermen. As part of this discussion, they also reviewed proposals to allow police to ticket those residents throwing snow onto public streets from parkways, sidewalks, and driveway aprons.

The proposed ordinance states that business owners may be fined with $50 for each day that their sidewalk accumulated two inches of snow within 24 hours. Tentative support on Monday night was given by Aldermen Frank Wsol, Jim Allegretti, and Rich DiPietro.

Park Ridge Chamber of Commerce executive director, Gail Haller, found no negative impact of the new law. She said that most businesses are already clearing their sidewalks voluntarily.

Allegretti said, “I don’t want the businesses to be opened to lawsuits. This ordinance would protect business owners if ever someone suffered an injury after falling down on a shoveled pavement that may not yet be completely clear of ice.” Also, Everette “Buzz” Hill, City Attorney, said he would verify an existing state law preventing liability.

Tags: aldermen, attorney, Frank Wsol, Gail Haller, Injury, Jim Allegretti, law, lawsuits, ordinance, Park Ridge City Council, Rich DiPietro
Posted in Injury, Personal Injury | No Comments »

Top DWI Fatalities among Large Counties

Wednesday, June 10th, 2009

Among the most populous counties in the nation, the highest rate of DWI-related traffic deaths belongs to Harris County. In fact, this claim was backed up by a series of horrible crashes in recent days.

Experts agree that limited public transportation and an urban sprawl that would lead their 3.9 million residents to drive many miles are partly to blame for their high DWI fatality. Meanwhile, the county jail is constantly filled with DWI suspects due to more officers and stepped-up reinforcement patrolling roadways at peak times. Added to this mix is the public’s stubborn reluctance to get cabs or rely on designated drivers when they get drunk.

“Our biggest problem is dealing with driving after we start drinking – we just don’t make plans before we drink,” said Paul Lassalle, an officer of DWI task force Police Department in Houston.

Each year, the cases of driving while intoxicated number to about 10,000. Due to this, district attorney Pat Lykos has called the DWI problem of the county as “pandemic plague.” He hopes to lower the rates by offering a pretrial probation term to first-time offenders, in hopes that it will avoid conviction and get them into treatment.

Tags: attorney, district attorney, driving while intoxicated, dwi, Harris County, Pat Lykos, Paul Lassalle
Posted in dwi houston | No Comments »

Victims Pay for DUI

Monday, June 8th, 2009

Mothers Against Drunk Driving (MADD) in Bucks County all flocked to James Michener Art Museum to hold a vigil. Present were Michael Egan, Bristol Township police officer; David Zellis, First District Asst. Attorney; and Colleen Fuller, a DUI victim.

More than 60 people have gathered in the courtyard of the museum. Egan, 33, retold the incident on Aug. 27, 2005 when his life changed because of a drunk driver. “I remember that I was so thirsty. It turned out that the reason is because I lost a lot of blood.”

Egan lost his leg because a drunk driver struck him and Mark Buzby (his fellow officer) while they’re working on a Route 413 accident scene. He was hospitalized for 47 days and he won’t be able to carry his 2-year old daughter as a result.

Moreover, Zellis lamented that the perception of society to DUI has to change. “We have a community desensitized to drunk driving, and that has to change,” he said.

Many speakers went up to tell their tales of losing a loved one or becoming a victim. One of then is Fuller. She was just 26 years old when a running truck (60mph) struck her vehicle in the rear. Although her car is not moving, she was pushed in the back of a big tractor-trailer a few years ago. She suffered many fractures, numerous internal injuries, and a broken back but the drunken driver didn’t have a scratch.

Tags: attorney, Bucks County, Colleen Fuller, David Zellis, drunk driver, dui, James Michener Art Museum, MADD, Michael Egan
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Product Liability Lawsuits

Sunday, June 7th, 2009

The law that deals with consumer products causing injury or death to consumers is called “product liability.” This area of law protects the people from defective or harmful products that individuals or companies manufacture or sell.

Product liability covers any product involved in accidents due to malfunction of its purpose. Unfortunately, there are thousands of preventable deaths occurring each year which results to many individual and social losses including job loss, healthcare costs, injuries, and deaths caused by faulty products.

Some major examples include baby product defects, faulty hospital beds and products, ATV accidents, defective tires, or SUV rollovers. In product liability lawsuits, your attorney will make sure that there’s evidence of faulty product stemming from the way it was manufactured. Before filing a case, attorneys have to make sure that the manufacturer is the one at fault, rather than other external reasons. Also, the injury sustained should be directly linked to the product malfunction.

So if you, your family, or your friends have been injured and the cause is a product’s malfunction, remember that there may be monetary damages paid to you. The first step would be to contact a good injury attorney for consultation. You can find these attorneys in online directories all over the web.

Tags: attorney, attorneys, damages, defective, Injury, injury attorney, law, malfunction, online directories, product liability
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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 »

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
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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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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 »

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 »

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
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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 »

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
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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
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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 »

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 »

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 »

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 »

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
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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

There’s a difference between DUI (Driving under the Influence) and DWI (Driving While Intoxicated) in Texas. DUIs are reserved for minors (under 21 years old) who are caught driving under alcohol’s influence while DWIs pertain to anybody who drives with an increased blood alcohol level above legal limit. Here are some critical steps to take if you’ve been arrested in Texas:

· Know your time limit – you will only have 15 days to contest your license suspension. This window of time is very important in fighting your DWI arrest.

· Consult with a Texas DWI attorney – you need to ensure that someone with experience is on your side during proceedings since Texas DWI is very tough. Not every attorney is well-equipped to handle these laws. Therefore, look for an attorney with experience in Texas DWI laws to get the best help.

· Obey the law after your DWI arrest – this means that you should not drive if your license has been revoked. If you’re caught driving and you don’t have a license, you would be in more trouble with the law.

· Avoid mentioning the incident to your employer immediately – if you speak to your employer now, it could have detrimental effects on your job. Some employers would suspend or even terminate you if you have been charged with DWI. So first, consult the policies of your company and consult with your attorney before you disclose this sensitive information.

Tags: attorney, dui, dwi, DWI attorney, Texas
Posted in dui, dwi texas | No Comments »

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 »

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 »

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
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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
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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
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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
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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
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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 »

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
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No Contest Plea to DUI granted to Boylan

Wednesday, April 29th, 2009

Robert Michael Boylan, Jefferson County School District’s director of transportation pleaded no contest to a DUI (Driving Under the Influence) case against him. The deal was accepted by Gail Boober, Jefferson County Magistrate to keep Boylan out of jail.

According to his attorney, Harley O. Wagner, the plea doesn’t have any effect on Boylan’s job. In fact he’s still working as the school district’s director of transportation. However, Boober warned Boylan that he should not expect any mercy if he returns to court on his second DUI offense. In West Virginia DUI second-time offenders get a jail sentence of one year plus fines, while third-time offenders are charged with felony and convicted to a state prison jail sentence of one to three years.

Boober also ordered Boylan to pay $270 in court costs and $300 fine aside from his $3,500 bond. According to court records, the latter was pulled over because Sgt. George Manning of Charles Town Police Department saw an expired registration plate on his white Chrysler.

Then, Manning noticed that Boylan’s speech was slurred and the breath smelled like alcohol. In addition, Boylan also failed the heel-to-toe field sobriety test. His preliminary breath test showed blood alcohol level (BAC) of .159%, which is almost double compared to the .08% allowable limit.

Wagner said that he tried to convince Boylan to go to trial after the hearing. However, Boylan decided to take the plea at the last minute, and Wagner respected his client’s wish.

Tags: attorney, director of transportation, dui, Gail Boober, George Manning, Harry Wagner, Jefferson County, Robert Michael Boylan, West Virginia
Posted in dui, dui west virginia | No Comments »

Your California Divorce Questions Answered

Monday, April 27th, 2009

In California, at least one spouse needs to be a resident for six months before the couple can qualify for a divorce. However, there is a way for you to get California divorce even if your residency is less than this. Simply talk to a divorce attorney to find out how this can be done for you.

To help you further, here are some questions and answers that will shed light on California divorce:

• Should it be automatic for a couple to go to court if they want a divorce?

No, majority of cases can be carried out by just negotiating a deal with your spouse. However, if you cannot agree on certain issues, then it’s imperative for you to settle in court.

• What’s the difference between mediation and collaborative divorce?

Mediation involves a meeting between you and your spouse together with a trained mediator. This can be done on the phone or in person. The mediator is usually a knowledgeable divorce attorney who can work with you and your spouse and answer all your legal questions.

On the other hand, collaborative divorce involves two attorneys (one for each of the spouse) who will meet with them individually and advise them separately.

• How long is the timeframe of the divorce?

In California law, six months is the minimum requirement before you can be a legally unmarried person. Of course, you can also take longer than that. However, if the divorce was not competed within five years, the court usually closes your case.

Tags: attorney, attorneys, California, California divorce, collaborative divorce, Divorce, divorce attorney, mediation
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Is your Criminal Defense Attorney Reliable?

Monday, April 27th, 2009

Lawyers are human beings too. This means that they’re not perfect. However, when your freedom is the one at stake, you simply can’t afford sub-par performance from your criminal defense lawyer. So here are some things to watch out for:

• Your attorney should frequently mention about new pleas from the ADA (Assistant District Attorney)

As much as possible, constant negotiations should be made on your behalf. Therefore, you must expect your attorney to bring you new or improved offers from ADA.

If he or she tells you that the 2-year jail term offer has not yet changed since the last 3 months, then a red flag must rise up in your mind. Attorneys should never cease to find new evidence or at least go back to the negotiating table with fresh material to argue for a better deal. Nothing is written in stone so don’t accept it if your attorney says that the offer is final and there’s nothing that can be done about it.

• Your attorney should file every detailed discovery motion

Without exception, make sure that any specific and detailed discovery request based on procedures in your state and rules of evidence is promptly filed. Your objective here is to dismiss charges down the road if ever additional evidence suddenly comes up. Therefore your attorney should get an effective and clear discovery motion or court order that the burden was with ADA to turn over all evidence long ago.

Tags: ADA, attorney, attorneys, criminal defense lawyer, lawyers
Posted in Criminal | No Comments »