High Point Family Law

What Qualities To Look For In A Criminal Attorney

Facing criminal charges can cause stress, frustration, and pain for you and your family. However, with the right criminal attorney by your side, you may be able to combat these charges and move on with your life.

The following are the attributes the right criminal attorney should have:

Experience: You must hire someone who has extensive experience in handling criminal cases. He or she should have many cases similar to your own under his or her belt. Furthermore, your attorney should have trial experience. Depending on your case, you may have to fight in court and your lawyer must be someone who is ready to handle a trial. Additionally, your criminal lawyer should have substantial negotiation experience. He or she must be prepared to deal with prosecutors to secure the best possible deal for you.

Knowledge: Second, your lawyer must be knowledgeable. Criminal law can be extremely complex and the risks are great, so the attorney you choose must have an in-depth understanding of the criminal laws in Texas. He or she should also have knowledge of federal laws in case the offense you are charged with goes beyond the state level.

Community ties: It is important to seek the assistance of criminal lawyers who have community ties. The professional you hire should have relationships with judges, prosecutors, and fellow lawyers. These relationships can significantly help your case.

Respect: Do not hire a lawyer who fails to show you the respect you deserve. You are the client, and you should always be treated with the highest level of respect. Additionally, the attorney you choose should be well respected by his or her peers.

Compassion and tenacity: When looking for a Tampa criminal attorney, look for someone who is both compassionate and tenacious. It is good to have someone who is sympathetic and understanding to your situation. However, you must also hire someone who is going to fight tirelessly for you.…

Criminal Attorneys Help With Sex Crime Accusations

After being arrested for a sexual based crime it is natural to feel fear and apprehension. These cases are incredibly damaging to one’s reputation and the experience of rapists and child molesters in prison is not enviable. That is why when there is the chance of a person going to court to combat the accusation that they acted rudely or lasciviously it is time to find a local criminal attorney and fight back to prevent incarceration and a life time of offender registration.

Make no mistake; these are some of the most serious charges a person can face. The penalties are incredibly harsh and are rarely lenient because of the serious nature of the offense. Regardless of guilt or innocence a person arrested for this type of crime has the deck stacked against them. That is why lawyers all over the country suggest securing a criminal attorney as soon as possible. The police and prosecution begin compiling their case right away and so from the time a person even suspects that they may be a person of interest it is time to start speaking to a law firm about potential representation and how to protect one’s rights.

A criminal attorney will start compiling evidence and witness statements around the event that purportedly took place. They will work hard to create the shadow of a doubt necessary to sway a jury. If they find exculpatory evidence they will discuss it with the prosecution and strive to have the charges dropped. In the likely event that this does not happen they will aggressively defend their client in trial.

The biggest problem facing people in this situation is the fact that public opinion holds that these crimes are the most heinous. Just the fact that a person has been brought in for questioning in relation to this type of crime is enough for most people to be damning. There is hope however. There are rules and laws against a jury condemning a person without facts. During a process called voir dire they will hopefully weed out any potential jurors who are prone to be biased and not base their decision on the facts. A criminal attorney worth his hourly rate will be sure to fight to get his client a jury that, while perhaps not sympathetic, will be willing to hear the case justly.

Sometimes things fall apart however. If a person is convicted the process need not be over. There are appeals and other approaches that can be taken to try and overturn a guilty verdict and secure a new trial. A person ought never give up fighting their sex crime charges and their criminal attorney likely will not either.…

Finding A Lawyer That Specializes In Criminal Defense

Finding an attorney that specializes in San Francisco criminal defense can be a daunting prospect, especially if you are involved in a serious criminal trial. They handle all aspects of a criminal case, looking at details such as the arrest, the nature of the evidence and so forth. They can advise you on the severity of your case and the likelihood of getting a positive result.

Looking for a criminal attorney is fairly simple, as it is often just a matter of looking a phone directory or internet search. However this can equally lead to a lot of options in the local area, some of them making very bold claims. Like a lot of companies and products, if it seems too good to be true then it often is.

There are various things you can do to hasten the process of elimination. It may be a stressful time but it is important to be sensible and have a balanced approach. In much the same way as you would not let some fix your driveway just because they knocked on the door, you should not contact a company that offers you a positive results or specialize in an area without having an official credit.

The minimum requirement should be that they belong to the County and Bar State Associations. If you do not see this on the site you should discount that company immediately. Checking their background can give you an idea of their level of experience as well as the results of their conduct in court. A little bit of preparation can save a lot of hassle.

Equally this kind of information can be positive. For example, if they have taught at a law school this should rate high in your considerations. Teaching at a law school requires field work and research and are likely to be more experienced. There are also online ratings tools that can give you a broad idea of their level of success rate.

However, this does not necessarily mean they are best for your personal needs. For example, some have different payments. You may prefer an hourly rate or a flat rate. It is generally frowned upon if a criminal attorney accepts contingency payments, such as bonus payments for a positive outcome. If a lawyer offers you this it is best to avoid them.

It is important to note that a criminal attorney will charge you for everything, including phone calls. Clarify if the person you are talking to will represent you in court and how much work they will be doing themselves. It is also worth asking about what will happen in case your representative cannot work for any reason, such as illness or family emergencies.

Remember, your criminal attorney should give you realistic expectations of the result. If you have to pay a fine then it is better than having to go to jail. It cannot be emphasized enough that no company can guarantee you victory. With the right preparation and the right representative, you can give yourself the best possible chance.…

Drug Possession Laws In The US And Need Of A Criminal Attorney

US Drug Possession Scene

For almost a century, US have been plagued with a concoction of narcotics from both inside and outside the country. Criminal narcotics industry is a multi-billion dollar, multifaceted business with such consequences and effects that ultimately drip down to local cities along with neighborhoods in America. From manufacturing along with distributing to sales as well as simple possession, the wide scope of criminal activities regarding illegal narcotics is astonishing. According to CSIS, almost 14 thousand people die because of illegal drugs and another thousand dies due to criminal activities of illegal drug possession. Therefore federal as well as state laws have stated that owning, carrying, holding, holding or any form of illegal drug possession is a serious offense against the society.

The zeitgeist of a society is reflected by drug possession laws and policy of that particular society. Possessing certain drugs can lead to harsher penalties compared to other illegal drugs due to the peripheral illegal activities and bubble of violence associated with these particular drugs. An individual can get away with some fines by possessing a specific drug whereas possession of another drug can result into incarceration automatically.

Possessing illegal drugs is a very severe crime with very serious penalties both in federal and state level. The severity of penalties in a drug possession charge depends on the following factors:

1. Drug type.

2. Quantity.

3. The offender’s intent.

4. Offender’s age.

5. Crime location.

Let’s explain this with the help of an example. If you possess an ounce of marijuana that is found in your car, it will be a misdemeanor. So you will not face severe penalties. If but if you are found with five pounds of cocaine with intent to sell it near a public school, then it will be a felony and the penalties will be severe. In case of drug possession crimes, penalties are proportional to crime along with the related mitigating factors.

Misdemeanor Drug Possession

A misdemeanor is a much smaller crime compared to the felony ones. The drug possession penalties vary from state to state. Normally the penalties of misdemeanor are as follows:

1. Small fine.

2. Court counseling mandated by the court.

3. Community service.

4. Probation.

Felony drug possession charges are much more serious compared to the misdemeanor ones. In these cases, the penalties are harsher that are mandated by the law. In felony cases, along with possession there is also the intent to distribute or sell to someone. If the offender has a large amount of drug in possession, then it will be a case of felony drug possession.

Need A Criminal Attorney

Drug laws are so much strict now that even a simple misdemeanor can be raised to a severe felony depending on the circumstance and the location of the crime as well as other related factors. So in case of a conviction of such severe offense, adequate legal representation is very much needed. Only a good drug lawyer can assure that representation. So it is important to hire a good drug lawyer.…

There are countless firms you can choose from for a mesothelioma case. However, following some of the tips below will make your decision an easier one. The firms are always in competition with one another for cases. Because of this, you will have the opportunity of finding a great lawyer of mesothelioma Pittsburgh PA, such as the one found at www.mesothelioma-law-pittsburgh.com.

Experience

The first thing to look for in the right firm for your mesothelioma case is experience. Ask the firm if they have had a lot of experience in this type of case and what the outcomes were. Find a lawyer who specializes in asbestos litigation and has extensive knowledge in asbestos trust funds.

No Fees Upfront

A clear indication that you should not hire a lawyer is when they ask for their fees upfront. This could indicate they don’t have a lot of hope for your case having a successful outcome. Find a firm that works with clients on a contingency basis. When a lawyer only gets a percentage of your compensation as their fee, they will work harder to get you the most they can.

Good Communication Skills

Never hire an attorney you are not comfortable talking to. They should be someone you work well with and trust. If you do not have good rapport with both your lawyer and the firm’s staff, it will be much more difficult to get through your case. Never hesitate to be open and honest with your attorney. If they are not available to answer your questions or never have time available to speak with you, it may be best to find another attorney to work with.

When you are dealing with a mesothelioma case, you deserve to find the best possible lawyer to work with. Lawyers will want to work with you because these cases can be very rewarding. Quality attorneys will work hard to get you the most compensation possible for your case. It won’t erase the damage the asbestos has done to you, but it can afford you some help paying your bills and supporting your family.…

Kidnapping Charges

There are many charges that may be levied against an individual that are extremely contentious in terms of defining the charges. In particular, kidnapping charges can be brought against a person if they are holding a child purportedly without their consent. In cases where a child may be going between two custodial parents, there may be some complications, causing charges related to kidnapping to be filed due to the lack of reporting or communication. As a charge, kidnapping is extremely serious.

Kidnapping can occasionally be confused with other terms due to the widespread use of the word. Ultimately, there are several distinctions that can play a role in determining what exactly a kidnapping is. If a child is taken with the expectation of a ransom, the charge may appropriately be named kidnapping. However, if a child is taken, perhaps by a parent, without the expectation of returning the child, the term abduction may be used. Both carry serious penalties and use similar agencies and resources to find suspects.

In addition to these concerns, a charge of kidnapping is not filed if the child consents to the change in custody. However, this does not mean that custody violations are legal. Instead, the charges are reduced, but may have other penalties that affect those involved. This may include child custody violations that reduce visitation rights or increase alimony payments.

The punishments for kidnapping charges tend to lean towards the more extreme penalties available under the criminal justice system. Kidnapping regularly yields prison terms, which may increase due to the severity of the crime. Additionally, multiple or repeat offenses can add to the overall penalties assigned to those charged with kidnapping.

For more information concerning the rights of those charged with this crime and how a strong criminal defense strategy can help, contact a criminal defense attorney.…

Finding a Criminal Attorney for Your Child

No matter how old your child is, hiring a criminal attorney is essential to ensuring their rights are protected when they’re facing charges. It does not matter whether that child is under 18 or over 30; finding your family in this situation is difficult. Before things get carried away, be sure to find the right lawyer to handle the case. The outcome of the case often depends on the knowledge and skill of your legal representative.

Juvenile Courts

If you are facing delinquency issues, you need a criminal attorney that knows his or her way around the juvenile court system. A child that is under the age of 18 often proceeds to juvenile court instead of being tried as an adult. Minors are typically treated differently when charged with the same crime as an adult.

Your legal representative needs to understand all of the factors considered in a juvenile case. The age of responsibility is considered and each defendant is given due process under the law. Under certain circumstances, it is possible to avoid formal charges. A criminal attorney should look into all of the options and consider the best line of defense for the child as well as the circumstances.

Traditional Courts

In other situations, a child is processed through the regular court systems. This is often determined by the severity of the case as well as the age of the accused. Because this is a unique situation, a criminal attorney must be able to navigate the system with an underage defendant. This is not easy and there are a variety of different changes and exceptions that can take place along the way.

As a parent, finding a legal representative as soon as possible should be your priority. At the beginning of the situation when charges are filed, it will be determined which of the court systems your child will proceed through. You want to have a criminal attorney by your side as you head into the courtroom for the very first time. Your child should not speak to anyone until you have set up legal counsel.

It is never easy to see your child facing a difficult situation. You want to help in any way possible but as a parent, there is not a lot that you can do aside from choosing the right legal representation. While you can be by your child’s side for guidance it will be up to the lawyer to explain the charges, the events that are taking place and the outcome of the case.

While you are the parent, you are not equipped to work with the legal system on your own. Turn over some of the authority to someone that specializes in issues with underage individuals. Whether you go through the juvenile court systems or the traditional courts, you need to be led in the right direction.…

Family law practice is often less affectionately thought of as “Divorce law,” and most folks don’t like to get into a discussion about that. Divorce is by far one of the most stressful and emotional times for any human beings. The fact that they have to live out their personal and emotional drama in a court of law makes legal clients of family attorneys more prone to depression and more frustrated overall. It’s a very personal event played out in an all too public place. That’s the way it works, though. Because marriage is technically a legal contract between two private citizens, there are legal matters to sort through when the marriage is dissolved by the court.

The job of a family attorney

Family attorneys are there to assist THEIR OWN CLIENTS. They are not there to be mediators or to consider the other side in any other way than a legal entity. This means emotions can’t come into play. When a family attorney takes your case, they should aggressively pursue your interests regardless of the high running emotions on both sides. There is no in-between here. Unlike mediators that look at both sides of the story, the Lake County family attorney you hire is on your side and your side only.

Arnold D. Goldstein, Lake County family attorneyis a good example of a well-known attorney that goes to court with this philosophy. Whether it’s a matter of alimony, child custody, or division of property issue, he’s going to enter the courtroom next to you and not at all interested in the outcome for the other party. While this might seem callous in a human relationship scenario, it’s the ONLY way to win in family law cases. You must follow the advice of your lawyer if it is clear that they are representing you fully in a court of law.

While it’s tempting to negotiate personally with a spouse, it’s always best to get the advice of your lawyer first. Your family lawyer is there to speak for you, to be your voice when you can’t think of the words to say, and to make sure that you make good, solid decisions for yourself and your children and property. Don’t represent yourself in a divorce. It’s always advisable to get a lawyer in situations where there is some type of disagreement and just in general so that you have peace of mind during the process.…

Filing A Lawsuit: Why Is It Necessary?

Filing a lawsuit is a rigorous and meticulous process. Many people file a lawsuit when there is a violation on their rights. Other groups file a case when a person has violated the state rule or policy. Almost in any case, it is always the victim who decides whether or not to pursue the case. There are some victims who would like to remain silent because they are afraid or ashamed of public or court appearances.

What do we get if we continue on filing a certain case? There are always marvelous things that we can get from filing a criminal case or a civil case. Although it is a complicated procedure, time-consuming, requires patience and determination, it is immensely rewarding for the victim once the case has its final verdict.

Aside from that, we can get justice for the entire victim of a certain crime. Criminal cases such as rape, child abuse, elderly abuse, prostitution, drug related charges and more always have victims that are often minor. In this regard, it is truly rewarding that we fight for their rights and put the corrupt and incompetent individual behind bars. We can eliminate crimes in the society if everyone knows how to fight for their rights and file legal action for grave misconduct of other people.

If we file a lawsuit, we are giving ourselves a chance to let other people know that we are a strong person. Strong person in a sense that we know how to stand for the truth, and fight for what we know is right and proper. If we know how to fight for the rights we have and take legal actions, people will not belittle us. Filing a legal case against any perpetrator of a crime will give them a lesson not to commit any crime again. In other cases, we can get the money taken by the perpetrator when they committed the crime. The law will require them to pay the amount that they have taken. Winning a criminal or a legal case is a terrific achievement.

Filing a legal case against another person can also be dangerous. We should make it a point that we are doing the right step in every procedure. In order to file a criminal or a legal case, we need the assistance of a criminal defense attorney such as a Salt Lake City Criminal Attorney. On the other hand, those who received charges also need a criminal defense attorney who will defend them on the court proceedings.…

Points to Be Considered Before Employing the Service of a Criminal Defense Lawyer

Many a times it has been witnessed that we get into contact with the law related issues directly or indirectly. Some are charged for the guiltiness which has been done whereas some are imposed by others stating that we are guilty. In order to get relief from such unlawful activities we look upon the services of the Criminal defense lawyer. They are the persons who are capable enough to prove that the particular offend is guilty or not. It is tendency of every person to take the services of those law people who is listed top on the telephone book.

It is no harm in calling and seeking the service of the top listed law person. But before seeking their service it is necessary to analyze the level of crime in your case and the action which has to be taken against the opponent. And to blindly go with the services of unskilled lawyer then it is of sure that you are going to lose the case. Before hiring the services of a criminal defense lawyer it is important that you hire a right person who is capable enough to handle your case and moreover who is ready to work on it willfully.

Listed below are few points which have to be considered before hiring the services of the defense lawyer.

1. Analyze the personality of the person who is going to work for you. Once you have explained the case or the guilt act try to locate out the amount of interest shown by the law person.

2. Are you comfortable enough to share the points and are ready to share the information which is related to the verdict.

3. Have a check on the previous experience and their way to handle the cases. From this you will also come to know their level of communication skills which is very important when a case is presented before the judge.

4. A criminal defense lawyer is able to maintain a good bond with you. He/ she are able to fetch out additional information from you and other persons who might be involved in the case.

5. The person hired is confident enough and has prior experience to handle such cases. Thus there would be a trusted relationship between you and lawyer hired. prior experiences will help to rely on the point that the person is knowledgeable on the judicial system and is capable to get winning judgment.

6. Before appointing the service it is important that you meet the person personally and share the points.

7. You should also ensure that the person trusts you and is ready to prove your innocence if you are no involved in such acts.

It is of sure that at very first meet with Criminal Defense Lawyer you will not be able to judge out all the points which are required. But you must at least try to locate some of the qualities which make you to feel that the person is well suited for your case.…

When you need an attorney, especially a criminal defender, it can be difficult to know where to start to find a one with the time, experience and resources to fight your case. However, these are a few tips you can follow to find someone great.

Find a Specialist

Not every attorney is a criminal defense lawyer Los Angeles CA. The law has many specializations, so search for someone who not only has experience in this type of law, but is also a specialist. As you search law firm websites, search for specific references to this practice. Also, ask how much of the attorneys’ practice involves criminal defense and the percentage of their cases involving this type of law. You want someone who is informed on the latest laws and best practices in the field.

Investigate Their Experience

Not only do you want a specialist, but you should seek a criminal defense attorney with extensive experience both in the law and in this specialization. In addition, search for someone who has several years of experience in your local jurisdiction. These individuals understand the nuances of the local court system and the courtroom procedures demanded by local judges. This knowledge helps legal professionals build strong defense strategies.

Pay Attention to Their Communication

You should always ask prospective attorneys about their communication processes. For example, find out how often you should expect to hear from the firm and how that communication will occur, via phone or email.

However, pay special attention to how long it takes an attorney to get back to you when you call for a consultation. Remove anyone from your list who does not get back to you within one business day. These legal professionals may not have the time or resources to add your case to their list. In addition, their initial communication may suggest their future communication.

These are just a few tips for finding the right attorney. Do your research to find the best legal representation available.…

Even if you are not a lawyer or work in the law enforcement community, you probably know what assault means. You know that it is an act of violence. You also know that the police take such criminal acts very seriously.

What you may not know is that there are different kinds of assault from the standpoint of criminal law. We will talk about some of them right now.

Simple Assault

Simple assault is one of the most common types to work its way through the court system. For simple assault, TN is one of the states that is known to come down on defendants harshly. However, several other states follow the same rigid criminal prosecution policies for defendants who are accused of it.

Simple assault means that you came into physical contact with a person against their will. You may have caused harm by doing so, but not necessarily. What some people don’t know, though, is that sometimes, the law will charge someone with simple assault even if they simply threatened another person but did not make physical contact with them.

Aggravated Assault

Aggravated assault is usually considered to be more serious than simple assault. It is an unlawful attack made by one person upon another. The intended purpose in such a situation is to inflict serious or aggravated bodily injury. It is this intention to commit harm that makes this a more severe offense.

Assault with a Deadly Weapon

Assault with a deadly weapon is a situation where a person attacks someone else with an object that is potentially capable of inflicting serious harm upon them. What’s interesting about this charge is that the object need not necessarily be something like a gun or a knife. It could be a large, sharp stick that someone picks up off the ground if the intention is to seriously hurt the other person with it.

Felony Assault

Felony assault is sometimes comparable in court to assault in the second degree. This is when someone attacks someone else and causes serious injury or attempts to do so.

The injuries that could bring this charge include impairment or loss of an organ or limb. They might also include protracted disfigurement or substantial risk of death. Someone convicted of such a crime can expect to spend several years in jail at a minimum.

Sexual Assault

Sexual assault is an assault that contains elements of a sexual nature. It is usually an attack on a person that occurs without the victim’s consent, and that also involves sexual contact, such as attempted rape, penetrating the victim’s body, or forced oral sex.

Vehicular Assault

Vehicular assault is similar to assault with a deadly weapon. In such a case, though, a vehicle is used as a weapon.

If someone tries to intentionally run a person down in a crosswalk during a road rage incident, for example, that would be vehicular assault. This is another charge that will come with several years in jail if the perpetrator is convicted.…

Tips To Help You Find An Attorney

Laws govern everything we do. These laws could be legal, scientific or moral. The legal aspect of the law is so vast that it is said it would take a person over a thousand years to read the law books. We hire lawyers that are trained in specific fields of law to help us with our legal problems. So how does one go about finding a lawyer? Here are a few pointers to help you out.

By law a person is entitled to represent themselves in a court of law. Most people and even lawyers in such cases never represent themselves in a court of law. It is believed that a person is too personally involved to represent themselves. As most of us have seen on legal T.V shows the legal battle can get complex and confusing. Unless you have trained in law and legal procedures I would suggest you hire an attorney and leave it to them.

Lawyers or attorneys are people that provide their services to other people for a fee. Once a lawyer is hired he or she is bound in contract to that person till the matter is legally resolved. In order to help build the trust and openness between a client and their lawyer, anything that is said between the client and their attorney is protected by law. This helps the attorney to understand the problem properly and provide the best possible service. This means you should trust your lawyer. An attorney that is not available to their client is a bad lawyer and these lawyers should be avoided.

The best lawyers do not need to advertise their services. The other problem with this is most people cannot afford to hire these lawyers. The Yellow Pages and Advertisements are good places to look for attorneys that are cheap. Another good place for you to look for a lawyer is your social circle. You can start by asking your family, friends, neighbors and colleagues for references. This is one of the best sources of information. Not only do you get names but also firsthand accounts of the experiences the person had with the lawyer. Not many people know this by the local Bar Association is mainly a attorney referral service. You can also approach the Bar Association to check out the background of an attorney you hire.

The internet is also a great place to look for a lawyer. You can get a list of local attorneys from the internet. You can use a local search engine to find lawyers that practice in the field of law you require.…

If you’ve been injured on the job, you might have to take some time off while you heal. Additionally, you may need to be taught how to do a new job if you can no longer perform the one you were hired for. Some employers try to fire employees after an injury. Knowing how to keep your job is critical.

Discuss Your Medical Needs

You may have a variety of medical appointments or physical therapy to attend. You need to let your employer know what these appointments are for and when they are scheduled. This will ensure that you get the care that you need for your injuries. If you don’t tell your employer about the appointments and don’t show up for your scheduled shifts, it can lead to various problems.

Identify Limitations

Once you have been released by the doctor to return to work, there may be limitations. You may have to sit after a certain amount of time on your feet or limit lifting to a certain number of pounds. Be sure to share all of these limitations with your employer so that they know how they need to accommodate you.

Contact a Lawyer

You have a number of rights. If you were injured while doing your job, it is a worker’s compensation case. Once the settlement has been made, an employer may decide to fire you. However, this is often wrongful termination. By contacting a wrongful termination attorney Orlando FL employees get the legal counsel that they need. An attorney can show you what to do in order to keep your job and, potentially, penalize your employer for wrongful termination.

Getting hurt wasn’t your fault. There was likely nothing that you could do about it. Rather than accepting that you have been terminated, contact an attorney. You should be able to keep your job after an injury, even if it means learning how to do a different job within the company.…

Understanding the Standardized Field Sobriety Tests in Drunk Driving Cases

All too often in the world of criminal defense drunk driver representation, attorneys who do not concentrate in drunk driving defense will take on winnable drinking and driving cases and advise their clients to plead guilty. In many cases, the reason for this bad advice is based on an erroneous interpretation of the police report generated by the arresting officer. Contained within the report will undoubtedly be the officer’s rendition of the client’s performance of the officer’s field sobriety tests. Knowing and understanding the science behind the standardized tests, as well as the validity of the tests is vital to a successful defense for your client accused of drinking and driving.

WHAT IS STANDARDIZED FIELD SOBRIETY TEST?

The United States Government, through the National Highway Traffic Safety Administration (NHTSA) has sponsored various studies and academic research to develop a uniform and relatively simple means to determine intoxication through a performance of tests. The purpose of this sponsorship was to provide police officers investigating drunk driving cases the ability to determine, as well as evidence, whether or not a drinking and driving suspect was under the influence of alcohol. The results of these efforts are the “Standardized Field Sobriety Tests,” commonly known as SFST’s.

The SFTS’s consist of three specific physical tests, which taken together are alleged to show a high likelihood that an individual’s blood alcohol content is over the legal limit. Specifically, these tests include the Walk and Turn, One-Leg Stand, and Horizontal Gaze Nystagmus Test.

THE HORIZONTAL GAZE NYSTAGMUS TEST

The Horizontal Gaze Nystagmus (HGN) Test is the test which the officer puts his or her finger in front of the suspect’s eyes and waives them around. Unfortunately for many drunk driving defendants, their lawyers do not understand how the officer is supposed to properly perform the test, nor do they realize what the officer is looking for. Nystagmus is an abnormal jerky movement of the eye. There is some questionable academic literature which finds that people with blood alcohol levels over the legal limit will have the presence of nystagmus in their eyes.

Prior to the performance of the test, the officer is required to check for “equal tracking” of the eyes by moving their finger or another object quickly across the face of the drunk driving suspect. Equal tracking means that the eyes have to move in uniform and at the same speed. Next, the officer is required to check to make sure the drinking and driving suspect’s pupils are of equal size. Finally, the officer is required to ask questions to the suspect regarding having any ailments which may result in a false positive on the HGN test.

The actual HGN test is then performed. The test itself consists of a six point system in which three different tests are performed on each eye, and if the sum of failed tests equals four or more points, the suspect is considered to have failed the test. Here are the tests as follows:

LACK OF SMOOTH PURSUIT – The officer moves the object slowly but steadily from the center of the subject’s face towards the left ear. The left eye should smoothly follow the object, but if the eye exhibits nystagmus, the officer notes the clue. The officer then checks the right eye.

DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION – Starting again from the center of the suspect’s face, the officer moves the object toward the left ear, bringing the eye as far over as possible, and holds the object there for four seconds. The officer notes the clue if there is a distinct and sustained nystagmus at this point. The officer holds the object at maximum deviation for at least four seconds to ensure that quick movement of the object did not possibly cause the nystagmus. The officer then checks the right eye. This is also referred to as “end-point” nystagmus.

ANGLE OF ONSET OF NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES – The officer moves the object at a speed that would take about four seconds for the object to reach the edge of the suspect’s left shoulder. The officer notes this clue if the point or angle at which the eye begins to display nystagmus is before the object reaches forty-five degrees from the center of the suspect’s face. The officer then moves the object towards the suspect’s right shoulder. For safety reasons, law enforcement officers usually use no apparatus to estimate the forty-five degree angle. Generally, forty-five degrees from center is at the point where the object is in front of the tip of the subject’s shoulder.

THE ONE-LEG STAND

In the One-Leg Stand test, the impaired driving suspect is instructed to stand with one foot approximately six inches off the ground and count aloud by …

Real estate is a great way to invest your money for a great return. There are many ways to make money from such an investment, including renting out your property. You can let someone else pay your mortgage and accrue value so that you can sell the property one day for even more profit.

But being a landlord isn’t all fun and games. Along with the regular maintenance and repairs that must be made, landlords must also consider the risk of potential lawsuits. Without proper due diligence, landlords can face significant liabilities that could result in a lawsuit.

“Landlords and tenants do not typically enter into their relationship looking for conflict,” says Erin Eberlin of The Balance. “Sometimes, however, problems develop that cannot be easily fixed by a phone call or email. In these situations, a tenant may consider suing their landlord to resolve the issues in court.”

Once your tenant has filled out their free rental application and begun moving in, you want to be on your toes at all times to avoid any problems with the property that could end in a lawsuit. Here’s what you need to know to avoid this eventuality.

Limit liabilities

Consider all the potential liabilities attached with a certain property before you let a tenant live there. Most importantly, remove any safety hazards from the property. If you don’t, it can be considered negligence which will work against you in a lawsuit.

If you fail to remove hazards from your property and it results in an injury, a tenant is perfectly justified in contacting a personal injury lawyer and suing you for compensation. Doing your due diligence to prepare the property ahead of time will keep you and your tenant safe.

This includes cleaning up your property and removing debris and other items that could be a tripping hazard. Install safety features like handrails on stairs and fix cracked or heaving sidewalks. Remove things like wood-burning fireplaces, gas stoves, play structures, and swimming pools that could potentially end in disaster.

Focus on The Lease Agreement

When you have a strong lease agreement, you’re protected against a lot of potential lawsuits.

“Having an ironclad, detailed lease agreement that details how every potential circumstance that might arise between you and your tenant will be handled is an absolute must,” warns real estate expert Drew Sygit of BiggerPockets. “Every item that comes up between the two of you that isn’t covered is a potential lawsuit waiting to be lost.”

Rather than simply downloading a lease agreement from the internet, draft one from scratch. List protections for all the liabilities you can think of. Then, have an attorney who specializes in rental real estate look it over and confirm its viability. This is one of the best protections you can have from lawsuits.

Screen Tenants ahead of Time

Tenant screening has become a gold standard in rental properties, and those who fail to properly screen tenants before allowing them to move in are often sorry. Well-screened tenants typically offer few financial difficulties. They pay their rent on time and cause few problems.

On the other hand, skipping the screening process can result in tenants who keep the property in good repair. They’re less likely to cause hazards that can result in a personal injury suit against you. Additionally, they’re more likely to work with you to resolve a problem rather than jumping straight to a lawsuit.

Document Everything

If you can keep good records of a property’s condition and repairs, you’re far less likely to run into issues. Every time a tenant moves in or out, document the state of the property with pictures and maintenance reports.

Keep copies of all your receipts, emails/texts from tenants, and verbal information was given to you by tenants. This information could protect you from a potential lawsuit down the road where a tenant claims something was your fault when it really wasn’t.…

What Does a Criminal Attorney Cost?

It goes without saying that hiring a Tampa criminal attorney will be an expensive undertaking and one which many people may have to stretch themselves to afford. Criminal attorneys can charge in a number of ways, but in nearly all cases the calculation of these fees will come down to a number of factors, including their own experience and qualifications.

Any criminal court case can be lengthy and therefore time consuming to the Tampa criminal attorney involved. Added to this is the cost of investigating your case for the purposes of gathering evidence for your defense, meeting with prosecutors and other court personnel and time taken to research all applicable law and past case precedents, you can easily see how hiring a criminal attorney can be very expensive. However, compared with representing yourself (unless you have extensive legal knowledge) hiring an attorney who specializes in your type of criminal case can be worth the expense in return for better results in court.

If you do not have the financial means by which to hire a private criminal attorney then you may be eligible for a court appointed attorney who will be appointed by the judge to represent you. It is worth noting that in most cases a private criminal attorney achieves only slightly better results than a court appointed attorney. If you are appointed an attorney through the court then the cost will be met by the state. However, the judge presiding over your case must inform the court at every stage of the trial what the cost of your legal counsel will be and that the state is paying.

A Tampa criminal attorney could charge you in one of a number of ways. Some will charge billable hours, which could be expensive given the length of many criminal trials. Others will agree a fixed rate with you in return for a deposit which is payable at the commencement of your hiring them. It is important that you discuss and agree on fees and rates before you hire anyone to represent you. You should also enquire about additional charges and expenses and ask for a written agreement detailing all charges and fees as part of the lawyer-client agreement.

Do also be aware that just because the Constitution allows for free legal representation, each state will interpret this differently and will have applied different legislation on who is eligible for free legal counsel in a court case. You may need to prove your financial circumstances, fill out a questionnaire and meet several other requirements with regard to your case and personal situation, before you can be granted free legal counsel.…

Criminal Defense Attorneys: Protect Your Future Against DUI Charges

Drinking and driving is dangerous, and the penalties of a DUI arrest are extremely harsh in the state of Florida; Florida is serious about preventing injury and death from alcohol and DUI related car crashes. DUI will remain on your license for 75 years. Criminal defense attorneys in Tampa provide representation for individuals charged with misdemeanor, felony, theft, fraud, reckless driving, DUI, domestic violence, and other charges.

A DUI conviction can mean facing the loss of a driver’s license, fines and fees, high insurance premiums, and possibly jail time. Criminal defense attorneys in Tampa can work with you to determine a defense strategy to help you keep your license, avoid jail time, and possibly reduce fees.

The following information is critical for Florida residents who have been convicted of a DUI: courts must impose the following minimum mandatory punishments if you enter a plea of “guilty” or “no contest” to a first DUI in Tampa, FL.

Jail Time: Offenders face incarceration (jail time) of up to 6 months-if a minor was in the vehicle or if their blood alcohol reading is.15 or higher, jail time is up to 9 months.

Probation: First DUI offenders face a probation period of up to 12 months. (However, the total period of incarceration and probation may not exceed 12 months total).

Community Service Hours: A minimum of 50 hours of community service is required, however the judge may allow you to “buy out” however many hours you choose at a rate of $10 per hour.

Fines: Offenders face a minimum fine of $500 but up to $1,000 in the event their blood alcohol reading is.15 or higher or if a minor was in the vehicle. The minimum fine in those circumstances is $1,000-$2,000. In the event an individual cannot pay the fines, they can perform community service for $10 per hour.

Drivers License Revocation: Offenders face at least 6 months of license suspension with a maximum suspension time of up to 12 months.

Under Florida law, 2nd DUI conviction consequences depend on whether the conviction is within 5 years or outside of 5 years of the previous DUI conviction. Should the DUI arrest occur outside of 5 yearsA�ofA�a first conviction, the DUI is considered and treated the same as a first DUI as far as mandatory penalties are required, except that maximum jail time can be 9 months, fines are between $1,000 – $2,000 and ignition interlock must be installed for a year. No minimum jail time is required.

Should the Second DUI occur within 5 years of the prior DUI conviction the following penalties apply:

Jail Time: A minimum of 10 days in jail with 48 hours of consecutive jail time. Maximum time of incarceration is 9 months unless breath test reading was.15 or above, or if a minor was present-in those instances, maximum time is 12 months.

Probation: 2nd time DUI offenders face a probation period of up to 12 months.

Community Service Hours: A minimum of 50 hours of community service is required, however the judge may allow you to “buy out” however many hours you choose at a rate of $10 per hour.

Fines: Offenders face a minimum fine of $1,000 (maximum $2,000) but between $2,000 – $4,000 in the event their blood alcohol reading is.15 or higher or if a minor was in the vehicle.

Should you have further questions, contact a criminal defense law firm with the experience, the proven track record, and the confidence necessary to counter your DUI charge with a well-planned and aggressive defense. Your criminal defense attorney in Tampa should specialize in all the ins and outs of the Florida criminal justice system and fight to ensure you have achieve the best results possible.…

The term of the Constitution comes from the ancient Greek word politeia. In English known as “constitution”, Dutch “contitue”, Latin “constitutio / contituere”, French “contiture”, German “verfassung”. The Constitution is the same as the Constitution and is the highest legal norm usually codified in the form of a written document even though in the form of its formulation is not always documented in written form but adhered to in the practice of state administration.

According to K.C.Wheare, the constitution is the whole state administration system of a country in the form of a set of rules that make up, regulate or govern in a state government. Jimlly Ashidiqie explains that the constitution is an understanding of a set of basic values and norms governing what and how a system of power is instituted and executed to achieve common goals in a state-shaped container.

The Constitution is very important for every nation and state, in the book Corpus Juris Scundum volume 16, the constitution is formulated as follows: “A constitution is the original law by which the system of goverment must be created and for all their power and authority. “The Constitution may also be interpreted as follows:” The Constitution can also be interpreted as follows: “A contest of a social contract joining the citizens of the state and defining the state itself”.

Aristotle distinguishes the constitution by its classi fi cation, the constitutional classification depends on (i) the end pursued by stastes, and (ii) the kind of authority exercised by their goverment. The highest goal of the state is a good life, and this is the common interest of all citizens. Aristotle distinguished between the right constitution and the wrong contitution. This means that if the constitution was created with the aim of realizing common interests then the constitution is true and if the constitution is oppressive then it is the wrong constitution.

Constitutionalism is a notion where the constitution is used as a guide in all activities of social life and statehood. Constitutionalism makes the constitution an axis of social, economic, political and environmental relations. Carl J. Friedrich in his book entitled “Constutional Goverment and Democracy: Theory and Practice in Europe and America (1967)” argues:

“The Constitution is the idea that the government is a collection of activities organized on behalf of the people but subject to some restrictions intended to provide assurance that the necessary powers for the government are not misused by those who are tasked with governing the restrictions imposed in the constitution. “

If you have been arrested for Criminal Acts, now is the time to get accurate information from Oakland Lawyer. As a former Deputy District Attorney and having a Criminal Criminal Attorney, Oakland Lawyer can help you understand and exercise your Constitutional Rights.…

When you go to a doctor for help, you are understandably hoping for them to help you solve whatever medical issues you are suffering from. Sometimes, however, the opposite can happen. There are times when patients are harmed or injured by their doctors in some way. If this is the case for you, thankfully, you have options available to you.

Hire a Lawyer

If you have been harmed or injured by your doctor, you can hire a medical malpractice lawyer Macomb County. Your doctor may have caused you harm or injury through, for example, a negligent act. These lawyers will help you receive proper compensation for your harm or injuries so that you can then use those funds to help you recover.

See a Therapist

If the damage caused to you by your doctor has left you feeling traumatized or apprehensive about future medical care, it may be in your best interests to speak with a therapist. Even just one visit may be enough to alleviate your concerns. However, if necessary, you can make a habit of regularly seeing a therapist to discuss your feelings about this situation. Not all injuries are physical, and either of these options can help you recover mentally if that is what you need. Therapists are trained professionals whose sole job is to listen to your concerns and help you feel better, after all.

If your doctor has caused you some kind of harm, you do not need to worry because you have options. You can gain monetary compensation for your troubles by hiring a specialized lawyer who is trained to help you recover damages for the harm that was caused to you. Since not all injuries are physical, you can also see a therapist to help you heal any mental wounds related to the incident that you may have.…

Boating Under the Influence in California

In the same manner that a person can be arrested for driving a car or truck under the influence of alcohol, a person who is operating a boat can be arrested for boating under the influence. BUI is very similar to DUI, except for the fact that operation occurs on water as opposed to on dry land.

The state of California is widely known for its year-round sunny weather and ample bodies of water. Because of the state’s welcoming climate, there are nearly one million registered boats and watercraft in California. Having a glass of wine or a couple of beers while on a boat at Lake Castaic, Lake Elsinore or Pyramid Lake is a common practice of many Southern Californians. It is not against the law to enjoy a couple of drinks while out on the open waters; however, if your BAC is at or above .08% and you get behind the wheel of a boat or jet skis, you risk being arrested for BUI.

Even if you had only a few drinks – or even just one drink – if you are involved in an accident of any kind with a BAC over the limit, you could be charged with BUI. Unfortunately, in California if you are arrested for boating under the influence your ability or to operate a boat is not the only thing that will be affected. Your driver’s license could be suspended (even though you were not driving an automobile), you could be sent to jail and you will face fines, penalties and mandatory enrollment in an alcohol treatment program.

A conviction of boating under the influence will appear the same as a DUI on your California DMV record; therefore, it is crucial that you treat your arrest with the same level of seriousness as you would a drunk driving arrest. Not only is your driver’s license at stake in these circumstances, your insurance rates could be significantly raised and you could receive a mark on your permanent criminal record.

If you want to have the best chances of avoiding a criminal conviction, you will need to hire a defense attorney right away. Your lawyer will be able to guide you through the arrest and any possible defenses to your BUI charge. In fact, some cases qualify for misdemeanor diversion and no criminal record for the accused! You have just ten days after your arrest to stop the automatic California DMV Administration Per Se Driver’s License Suspension action against you. That being said, you will need to act fast in order to contest the charges. Don’t wait another minute to contact a criminal defense attorney and begin the defense you need for your BUI charge.…

Criminal Statistics in Fort Lauderdale, Florida

Fort Lauderdale, Florida, offers a wide range of tourist attractions. The city is known for its pristine beaches, fishing, water activities, museum, parks and temperate weather. As of 2009, population estimates stand at about 185,000 residents for the city. However, with this population comes the unpleasant element of criminal activity. Statistics bear out that Ft. Lauderdale has one of the highest crime rates in the state. If you are arrested in the city, a Ft. Lauderdale criminal attorney will provide you with more information on how to fight for your rights in court.

The City of Fort Lauderdale Police Department provides criminal statistics in a wide variety of categories. They track violent and property crimes separately. Violent crimes include homicides, forcible sex offense, aggravated assaults and robbery. Between 2009 and 2011, police investigated 10 homicides. In January and February of 2012, three additional homicides occurred. During the same three-year period, criminals committed 40 forcible sex offenses. In the first two months of 2012, offenders had already committed 16 sex offenses. Total robberies stood at 368 reports for 2009, 2010 and 2011. For January and February of 2012, officers filed 119 robbery reports. Aggravated assaults for the same three-year time frame stood at 276. For the first two months of 2012, offenders committed 74 assaults.

Property crime cases included burglaries of businesses, hotels/motels, schools, residences and vehicles, along with actual vehicle thefts and larceny cases. During 2009, offenders committed 1,775 property crimes, while the number of property crimes during 2010 increased to 1,858 incidents. During 2011, property crimes dropped to a three-year low of 1,687 offenses. During January and February of 2012, police investigated 1,432 property crimes.

Police cleared a total of 898 arrests during 2009, 2010 and 2011. Of those cases, 761 were cleared adult cases from 2009 to 2011, with no cases cleared in January or February of 2012. During the same time frame, officers cleared 135 juvenile cases, again with no cases cleared during the first two months of 2012. Slight variations in statistics indicate an overlap in adult and juvenile arrests. A total of 37 cases were solved through exceptional clearance, which means that the police knew who committed the crime, but no arrest was made, such as in the case of a death bed confession.

If you are accused of committing a crime, you need to contact a reputable and experienced Ft. Lauderdale criminal attorney who can help you resolve your court case.…

Criminal Attorneys Are Not Out to Deceive

One misconception about criminal attorneys is that they are out to deceive the court in an effort to help their clients, no matter how harsh or heinous the crime that was committed. Now, this isn’t to say that there may not be some lawyers who have this mentality, but for the most part, this isn’t really the case.

Of course, these professionals do work hard to get the best possible outcome for their clients. However, this doesn’t mean that they are out to prove that their clients are innocent when they are in fact guilty. Many times, they work to get lower sentences or lessen the charges in order to help the defendant.

With that being said, there are still some people who believe that the main objective of these professionals is to try to help guilty people deceive the public and escape the consequences of their actions. Not only do some in the general public think this way, but there are some who commit crimes that think this way as well. Because of this, some people who have committed crimes and decide to seek legal assistance don’t necessarily tell the entire truth to their lawyers. That’s because, they believe this is the way these professionals operate. However, this is not the truth. Being untruthful with criminal attorneys can actually hurt the case. So, if you have been accused of a crime and you have sought legal assistance, there are several reasons why you need to be as truthful as possible with the criminal attorneys.

One of the main reasons you should be honest is because it makes your lawyer’s job much harder when their dealing with lies. That’s because, in order to prove a case there needs to be evidence and not just a good argument that sounds nice. So, if you give them false information without enough evidence to back it up it makes it more difficult for them to prove the case.

On the other hand, giving them the truth allows them to work with the evidence they have to try to help you get a lesser sentence or even lesser charges. By being untruthful with them, it doesn’t really give them much to work with, because there’s no evidence to back up the lies.

Another reason it’s important to tell the truth to criminal attorneys is, because if they find out that you lied later on in the case and you decide to backtrack, it hurts your credibility with the judge and jury.

So, contrary to what some may believe, criminal attorneys aren’t out to deceive people and work to push lies. However, they need the truth from their clients just as much as the judge and jury do.…

An E2 Visa is an excellent opportunity for those looking to invest in the United States. This visa allows you to live and work in the United States, making it an ideal option for those looking to establish a business here.

The Requirements to Obtain an E2 Visa

Specific requirements must be met to qualify for an E2 Visa. The most important is to show that you have a serious intent to invest in the United States. You must also provide evidence of your investment plans and proof that you have the funds necessary to carry out your plans. The E2 Visa is a great way to invest in the United States. It’s a long-term visa, which means you can stay in the country while building your business with the E2 Visa Los Angeles.

Other Requirements Necessary

E2 visas are available in the United States. E2 visas have different requirements depending on what country you live in and who owns the business you’re investing. E2 visas allow their holders to live and work in the United States. They can be either single-entry or multi-entry visas – which means that E2 visa holders may only visit the United States once every six months or so, or several times a year as they wish. You must renew E2 Visas every two years. E2 visa holders do not need to submit reports about their financial condition during these visits. Still, they need to prove that they continue to meet their qualifications for an E2 visa by showing that they are still making significant investments in the United States. E2 visas are also available to spouses and unmarried children of E2 visa holders, who will be able to live and work in the United States.…

Key Takeaways:

• Recognition of the unique complexities involved in LGBTQ divorce proceedings.
• Insights into the division of assets, alimony, and child custody specific to LGBTQ marriages.
• The vital role of specialized legal counsel and the value of community support in navigating divorce.
• Tools and strategies for rebuilding emotionally and legally post-divorce.

Introduction to LGBTQ Divorce

Divorce can cause significant disruption, especially for LGBTQ individuals, as legal systems struggle to adapt to the complexities of LGBTQ relationships despite the passage of marriage equality. Awareness and understanding of specific possibilities, such as crafting a settlement agreement Brick, NJ, is critical for ensuring one’s rights and interests are represented and respected. This awareness must be supported by comprehensive resources tuned to the specific needs of the LGBTQ population.

The increasing acceptance of LGBTQ marriages underscores the importance of well-informed strategies and legally sound support structures in managing emotionally charged situations, as navigating these situations with grace and knowledge can prevent potential legal turmoil.

Legal Recognition and Implications

Legal recognition for same-sex marriages is crucial for understanding their impact on divorce. States have different approaches to same-sex divorce, resulting in varying experiences for LGBTQ individuals. The American Bar Association offers a comprehensive guide to legal proceedings, clarifying rights and responsibilities. Each stage of divorce presents unique legal challenges, such as differences in spousal support, property division, and marriage recognition. Understanding these implications can help mitigate conflicts and facilitate a smoother resolution.

Division of Assets and Alimony

The conversation around the division of assets and alimony in LGBTQ divorces is multifaceted. Factors such as the length of the relationship and the change in financial statuses over time can significantly impact how assets are divided. The possible absence of legal marriage for a portion of the relationship might mean that assets acquired during that period may be disputed. Calculating alimony involves numerous factors, including income disparity and contributions to the household, which may not always be straightforward in the context of LGBTQ partnerships.

It’s imperative to carefully consider and document all financial aspects and intentions before marriage and throughout the partnership. This consideration is essential to arriving at an equitable division of assets and an alimony arrangement that reflects the true nature of the relationship and the contributions of both partners.

Child Custody and Support

When it comes to LGBTQ families, child custody and support arrangements lean heavily on the specific legalities of parental rights, which include biological ties, adoption, and surrogacy agreements. Navigating these conditions requires a sensitive approach that honors the well-being of the children while respecting the rights of all parents involved. It’s not uncommon for courts to venture into untested waters when determining custody arrangements for LGBTQ families, making legal counsel versed in these matters indispensable.

Ensuring children thrive and receive the necessary support during and after the divorce process is critical. This responsibility includes making arrangements that reflect the children’s best interests and the unique dynamics of their family structure.

Seeking Legal Assistance

A qualified attorney with expertise in LGBTQ family law is crucial for navigating divorce, as it can be complex and unique. They can guide clients through the law while providing compassionate representation. This expert assistance can help mitigate obstacles and facilitate a fair resolution that respects the history and nature of the relationship. It can make divorce more understandable for all parties, from property distribution to child support and custody.

Emotional Support and Counseling

The end of a marriage is as much an emotional journey as a legal one. Navigating the psychological landscape during and after a divorce requires resilience and support. LGBTQ individuals may face specific challenges based on their experiences and need access to targeted resources that offer understanding and aid in healing. Support groups, mental health specialists who specialize in LGBTQ problems, and counseling services may all be quite helpful in offering the emotional support required to get through this difficult time.

Availing oneself of these resources can significantly ease the emotional burden and provide strategies for coping with the stress, loss, and uncertainty that often accompany the ending of a marriage. Reaching out for emotional support is a healthy and proactive step toward recovery.…