Canadian Government’s stand against Ontario prostitution ruling

Saturday, November 20th, 2010

The battle against legalizing prostitution in Ontario continues. Minors being prostituted could potentially rise and sex workers coming to Ontario: That’s the dangerous scenario being showcased by the provincial and federal governments if the courts fail to uphold key provisions of the country’s prostitution laws.

The attorney who successfully challenged the laws that effectively criminalized prostitution says he doesn’t believe in the proposal that the federal that government will lay out at a hearing next week. The law remains in place but what will happen next.

Tags: attorney, court, government, law, laws, lawyers, prostitution
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Education Savings Plan in Estate Planning

Sunday, September 20th, 2009

Estate laws truly affect your assets.  Most of your assets constitute your estate when you pass away.  And since you know that an estate over $3.5 million will be taxed up to 45%, you may want to keep your estate below that level.  In order to do that, you can give gifts or acquire a 529 education savings plan.

Actually, this kind of education savings plan would allow you to select any relative or friend as your beneficiary.  That person is expected to incur education costs.  Moreover, the plan offers flexibility like for example; you can change the beneficiary any time, change investment elections, and make various contributions to the account.

You can choose from several 529 accounts that may be available in your state.  If you’re a resident of Ohio for instance, you can choose Ohio 529 plan and deduct your contributions from the state income tax.  Currently, IRS rules are allowing investors to make large lump sum contributions to the 529 plan.  In 2009 you can contribute up to $65,000 for individuals or $130,000 for couples.

So 529 education savings plan not only allows you to help your children grandchildren, nephews, nieces, and other loved ones from pursuing education, it would also allow you to qualify for tax deductions.  Seek advice from your estate planning attorney whether this strategy could be applied in your situation.

Tags: assets, attorney, education, estate, Estate Planning, laws, Ohio, plan, savings, strategy, tax deduction
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What is Estate Planning?

Thursday, June 18th, 2009

It’s important to have an “estate plan” in place no matter how much your net worth is.  Such plan will ensure that your financial goals are met and your family gets your assets after you pass away.

Several elements of an estate plan include: a will, living will or a health-care proxy (sometimes called medical power of attorney), and power of attorney assignment.  For some people, it would also make sense to have a “trust.”  However, you have to be mindful of both state and federal laws governing estates.  That is why it’s important to consult an attorney for your estate planning.

A good place to start is to take inventory of your assets.  These consist of your business interests, real estate properties, insurance policies, retirement savings, and other investments.  Answer these three questions?

1. 1. Who will inherit your assets?
2. 2. If ever you’re incapacitated, who do you want to handle your financial affairs?
3. 3. If you’re unable to make decisions yourself, who do you want to make medical decisions for you?

Remember that everybody needs an estate plan and it’s not just for the wealthy.  Inheritance can sometimes be a loaded issue.  So by being clear on your intentions, you can help dispel potential conflicts when you’re gone.

Tags: assets, attorney, estate plan, health-care proxy, inheritance, laws, living will, power of attorney, trust, will
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Constitutional Issues on Search and Seizure

Sunday, May 24th, 2009

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

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

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

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

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

Tags: attorney directories, attorneys, Criminal, criminal defense attorney, exclusionary rule, Fourth Amendment, illegal search and seizure, laws, New Jersey, probable cause, United States Constitution, unlawful search and seizure
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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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Opposition for Liability Laws Change

Friday, May 22nd, 2009

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

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

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

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

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

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