insurance attorney mesothelioma

Friday, August 29, 2014

Criminal Law - a Guide to Penal Law

What is Criminal Law?

Criminal law involves a system of legal rules designed to keep the public safe and deter wrongful conduct. Those who violate the law face incarceration, fines, and other penalties. The American criminal justice system is both complex, and adversarial in nature. With the exception of minor traffic violations, accused individuals will require the assistance of an attorney.
Specific crimes and the consequences for violating them are found in penal codes enacted by legislators at the local, state, and federal levels. Less serious crimes are classified as misdemeanors. These typically carry a maximum of up to one year in the county jail. Examples include petty theft, possession of small amounts of controlled substances, and first-offense drunk driving.

Crimes of a more serious nature are classified as felonies. These carry punishments of a year or more in state or federal prison. Felonies include violent crimes like murder, burglary, and rape, as well as white collar crimes like embezzlement and money laundering.

When questions arise as to how criminal statutes should be interpreted, judges and lawyers turn to previously issued court opinions dealing with the same issues. This principal is known as “stare decisis.” It means that once a court issues a decision involving a given set of circumstances, that ruling is binding precedent for similar disputes that come before the court on a later date.

Law enforcement agencies have the responsibility of investigating alleged crimes. Procedural rules are in place to ensure police officers respect the constitutional rights of the citizens they investigate. When a defense attorney challenges the legality of a criminal prosecution, most times the dispute is a result of procedural violations by the police.

Protecting Your Rights.

Each stage of a criminal prosecution presents traps for defendants who are not familiar with the court system. Criminal defense attorneys are trained to prevent their clients from doing or saying things that will increase the likelihood of conviction. But when legal counsel has not been hired or appointed, accused individuals can unknowingly waive their rights and harm their own interests.

For example, following an arrest, law enforcement will question a suspect in regards to the crime. The officers will inform the suspect of his or her “Miranda rights” (right to remain silent, right to an attorney), and then attempt to elicit a confession. Without a lawyer present, defendants can make incriminating statements that will later be used against them in court.

In both misdemeanors and felonies, an arraignment will be held in open court. The judge will explain the nature of the charges to the defendant and ask for a plea. Without the assistance of an attorney, defendants will often plead guilty at this initial stage. By doing so, they are giving up important rights, as well as the opportunity to negotiate the terms of their sentence beforehand.

Discovery proceedings are another critical stage in a criminal case. This is when the defendant can demand that the prosecutor turn over copies of all of the evidence gathered by law enforcement. In DUI and DWI cases especially, the police reports, lab results, video recordings, and other items will likely determine whether the case settles or continues on to trial. To make informed decisions, the defendant must obtain these materials.

If the state fails to offer a plea bargain the defendant is willing to accept, the case will proceed to trial. This is the time to question witnesses and present argument to the jury. Conducting a trial is not for the layperson to attempt. Legal training is needed to perform effective cross-examination, comply with the rules of evidence, and so forth. After all, the outcome may determine whether the defendant walks free, or goes to jail.

Copyright HG.org

KNOW YOUR RIGHTS!

Are 3D Printed Plastic Guns Legal?
The arrival of 3D printing technology has led to some amazing new possibilities for things like replicating broken parts, creating amazing works of 3D art, and manufacturing entire items from patters found online. But, as is usually the case with any new technology, someone finds a way to use it for something sinister. Several creators invented 3D printed plastic guns and made plans available online. But, are these 3D printed plastic guns legal?
How Do You Get Out of Jail After an Arrest?
Generally, one can get out of jail by posting bail. Bail is usually cash or a piece of property pledged to the court as part of a promise that the defendant (the person who has been arrested) will return to court when ordered to do so.
How Much Can You Legally Get Away With Saying to a Cop?
First, a word of warning: doing anything to aggravate a police officer is a really bad idea. Not only are these hard working men and women who likely want to make the world a better place through their work, but they are trained bad asses with guns, handcuffs, and nightsticks and they can really make your life unpleasant.
How to Get a Criminal Record Expunged
Expungement refers to the process of sealing arrest and conviction records. Virtually every state has enacted laws that allow people to expunge arrests and convictions from their records, but the details will vary from state to state.
Is a Polygraph Test Admissible as Evidence?
Have you ever wondered why, in a system of justice that relies so heavily upon people telling the truth, every witness is not strapped to a polygraph machine (i.e., a lie detector)? It is a logical question that leads to others about how interrogations and investigations are conducted when polygraphs are used. So, is a polygraph test admissible as evidence?
Saying No to Police Searches
Police are trained to believe in their authority and trained to perform their interactions with private citizens with confidence and strength.
Victimized by the Law: Weird Examples of Penalties Against Crime Victims
For example, we have all heard the stories about the burglar who breaks into a home and injures himself then suing the homeowner.
What Happens if I Am Not Read My Rights?
While many believe that if they are not “read their rights” they will escape punishment for criminal acts, it is not quite so clear cut. Instead, if one is not read their rights, then any evidence obtained from the suspect prior to being advised of their Miranda Rights may be inadmissible as evidence at trial.
What is an Alibi and How Does it Work?
In simplest terms, an alibi is merely evidence that demonstrates a defendant in a criminal case was somewhere other than the scene of a crime at the time that the crime occurred.
What is the Difference Between Jail and Prison?
At the most basic level, the fundamental difference between jail and prison is the length of stay for inmates.
What Kinds of Defenses Can I Use in a Criminal Case?
All people accused of a crime are presumed innocent until proven guilty, either in a trial or as a result of pleading guilty.
When Should You Accept a Plea Bargain in your Criminal Case?
Under that kind of stress, it can be very tempting to accept the first plea offer made to you by the prosecutor.

ARTICLES ABOUT CRIMINAL LAW

Cedar Hill, TX Speeding and Warrants
Were you recently pulled over in Cedar Hill, or another Dallas County city, for driving over the speed limit, and subsequently written a speeding ticket? Points will be added to your driving record if you plead guilty. If you choose to challenge the violation instead, a local speeding ticket attorney may be of assistance to you, even if you hold a CDL. The Municipal Court will issue a warrant for your arrest if you do not respond to your citation before it becomes overdue.
Carrollton, Texas Speeding and Warrants
You may have recently been pulled over and written a speeding ticket by a police officer in Carrollton, Texas, or in a nearby Dallas County town. If you have decided to dispute the violation in an effort to keep points off your driving record, you may benefit from legal representation provided by an area speeding ticket attorney, even if you have a CDL. The Carrollton Municipal Court will issue a warrant for your arrest if you fail to respond to your citation before it goes past due.
Internet Crimes Can Amount to a Wide World of Trouble - Also Larceny Basics in Las Vegas
For individuals dealing with internet crimes in Las Vegas Nevada or Larceny charges, here are a few details about what this means to you.
Balch Springs, TX: Speeding and Warrants
Have you been pulled over by law enforcement in Balch Springs, or in another Dallas County city, and written a ticket for speeding? If you are not able to afford points on your driving record, you may choose to dispute your violation rather than plead guilty to it. A speeding ticket attorney may be able to defend against your speeding ticket in the Municipal Court. The court will issue you a traffic warrant if you do not respond to your citation before it becomes outstanding.
When Is Drunk Driving A Felony?
Many people travel to the state of Florida from other states as it is the home to many popular vacation spots. While on vacation, many people may consume alcohol while enjoying the beautiful beaches, plentiful clubs and bars, and luxurious weather. Sometimes an out-of-town guest can consume too much alcohol before getting behind the wheel of an automobile.
Addison, TX Speeding and Warrants
Law enforcement in Addison, Texas, and in other Dallas County cities, does not let motorists get away with driving over the speed limit. Have you been written a speeding ticket by an Addison police officer? Even if you have a CDL, a traffic ticket attorney may be able to help you dispute your speeding violation and keep points off your driving record. If you do not respond to a citation written to you, the Municipal Court will issue you an arrest warrant.
State Troopers Pull Over Speeding Drivers in Cooke County
Has a State trooper issued a speeding ticket to you in Cooke County? No matter whether you hold a CDL or Class C driver's license, you have a right to dispute your ticket if you would rather not see points added to your driving record. An attorney who has previously defended clients in Cooke County may be able to defend against your violation as well. If you do not respond to your speeding ticket before it becomes outstanding, the Cooke County Justice Court will issue you a warrant.
Trial by Jury in Florida
A brief overview of the jury trial process in the State of Florida.
Were You Recently Pulled over for Speeding in Valley View?
Class C drivers and CDL holders in Valley View, Texas, and all over Cooke County, who are pulled over and written tickets for speeding may consider disputing their tickets if they cannot afford points added to their driving records. While drivers can challenge their speeding violations on their own, a traffic ticket attorney may also be able to help with this endeavor. The Municipal Court regularly issues arrest warrants for drivers who neglect their speeding citations.
Police Write Tickets to Speeding Drivers in Rosston
The Rosston Police Department works every day to catch speeding drivers and issue them tickets. If you are a CDL holder or Class C motorist written a speeding violation in Rosston, or in another Cooke County town, a local traffic ticket lawyer may be able to help you dispute the citation in court. If you do not act in a timely manner upon receiving your ticket, the Municipal Court will issue a warrant for your arrest.
All Criminal Law Articles

CRIMINAL CODE BY STATE

CRIMINAL LAW - US

ABA Criminal Justice Section
The American Bar Association is a national organization of attorneys dedicated to improving the legal system. The Criminal Justice Section contains news and events for anyone interested in the penal system.
Bureau of Justice Statistics
BJS collects facts and figures relating to crime in the United States. Here you can learn about the prevalence of crimes involving violence, property damage, drugs, human trafficking, identity theft, and more.
Crimes and Criminal Procedures, Title 18 - United States Code
The USC consists of all federal laws in the United States. Title 18 deals with crimes, punishments, and criminal procedure. This searchable online version is presented by Cornell Law School in Ithaca, NY.
Differences between Civil and Criminal Law in the US
This concise essay by Dr. Ronald B. Standler describes how criminal prosecutions and private civil lawsuits differ in terms of protections and potential liabilities for defendants.
Federal Bureau of Investigation (FBI)
The FBI website is a great resource for information about the investigation of terrorism and other federal crimes. The “Most Wanted” section allows visitors to provide tips about victims and fugitives in high profile cases.
Federal Rules of Evidence
Cornell Law School sponsors this indexed version of the court rules governing the presentation of evidence in federal court. These rules apply in criminal and civil cases.
Federal Sentencing Guidelines Manuals
The sentencing guidelines are rules meant to create a uniform system for imposing punishment in federal criminal court. Check back regularly for the latest updates to the manuals.
National Center for Victims of Crime
With so much focus on the accused, the victims of crimes sometimes feel neglected by the system. The National Center for Victims of Crime is designed for victims and advocates looking to engage one another, find support, and spread awareness.
National Criminal Justice Reference Service (NCJRS)
National Criminal Justice Reference Service offers extensive reference and referral services information to support research, policy, and program development to anyone interested in crime, victim assistance, and public safety including policymakers, researchers, and the general public.
Office for Victims of Crime (OVC)
The OVC administers the Crime Victims Fund, providing substantial funding to state victim assistance compensation programs and services that help victims heal. For those looking to pursue a career as a victim’s advocate, the site offers online training and education.
United States Department of Justice
The Justice Department, led by the Attorney General, is the federal agency in charge of enforcing federal laws. Their website is constantly updated with news articles, blog posts, and other criminal justice resources.

CRIMINAL LAW - EUROPE

CRIMINAL LAW - INTERNATIONAL

ORGANIZATIONS REGARDING CRIMINAL LAW

PUBLICATIONS REGARDING CRIMINAL LAW

Rhode Island Medical Malpractice Lawyers: Case Digest Malpractice Insurance

Rhode Island law has long required healthcare providers to have malpractice insurance, and that the malpractice insurance carriers hold certain amounts of professional liability coverage. R.I. Gen. Laws. § 42-14.1-2. Recently, the Rhode Island Supreme Court addressed whether medical providers could purchase self-insured retention plans to comply with the statute.

Self-insured retention (“SIRs”) plans require the insurance policy purchaser to pay a certain initial amount of all costs and expenses required to litigate or pay an insurance claim before the insurance policy seller makes a payment. In contrast, an insurance deductible requires the insurance provider to pay the legal and medical costs and then charge the insurance policy holder for the amount of the deductible. Self-insured retention plans basically mean that the insurance policy purchaser provides their own insurance up to the initial retention limit and only holds insurance coverage for greater amounts.

Specifically, in Peloquin v. Haven Health Ctr. of Greenville, 61 A. 3d 419 (R.I. 2013), the Rhode Island Supreme Court held that self-insured retention is not an option for medical service providers because it does not meet the minimum insurance coverage required by R.I. Gen. Laws § 42-14.1-2(a).

The Peloquin court decided not to allow medical service providers to self-insure, including through the use of SIRs, at least until Rhode Island’s Department of Business Regulation (“DBR”) set certain standards for healthcare providers. The DBR make rules and regulations for medical and dental health care providers. Rhode Island created DBR by statute to balance the need to protect Rhode Island citizens with the needs of insurance companies providing malpractice funds.

The Court in Peloquin mandated that the DBR first set standards to include stating how to analyze the risk of insurance claims a medical services company faces. The standards would also need to include a way to determine how much money a company or person needs to keep on hand to cover their risks of medical malpractice lawsuits before the medical service provider would be allowed to insure themselves.

Rhode Island consumers harmed by personal injury such as medical malpractice or nursing home abuse and malpractice should, as required by statute, be protected by the existence of professional liability coverage. This ensures that there is coverage for medical mistakes and the like, whether caused by doctors, nurses, nursing homes, or other medical care professionals. The Peloquin decision clarifies that, at least at this point, medical providers cannot purchase cheaper SIRs that could also make it more difficult for malpractice victims to pursue and obtain justice for their injured selves and family members.

ABOUT THE AUTHOR: Mike Bottaro
Mike Bottaro is a Rhode Island personal injury attorney. With offices in Providence, Pawtucket, Cranston, and several other locations, The Bottaro Law Firm serves clients throughout Rhode Island and Southeast Massachusetts.

Copyright The Bottaro Law Firm, LLC - Google+
More information about The Bottaro Law Firm, LLC

How To Deal With Sneaky Insurance Adjusters

Just because an adjuster is acting nice, that does not mean he is your friend. In fact, many insurance companies will pay the adjuster a bonus to settle your claim as soon as possible, with as little as possible.

Number one goal of the insurance adjuster

Regardless of whether you are dealing with your insurance adjuster or the other party--all insurance adjusters have the same goal and that is to save money. They get away with this by using a variety of clever tactics you should be aware of:

• Delay, delay and more delays. Adjusters are sleek enough to know that the longer they delay, the more likely the accident victim will settle out of desperation to avoid losing their home, car and ability to pay for food and basic bills as well.

• Requests for unnecessary information. An adjuster might request documents that are 10, 20 or even 30 years old that have absolutely nothing to do with the injury that was suffered. They are fishing for information to discredit and to stall your claim.

• They will ask for a recorded statement. Do not give a recorded statement! The insurance adjuster wants a recorded statement is so that he can take things out of context to use against you at a later date. Your refusal to give a recorded statement is not evidence that you are trying to hide anything.

These are just some of the ways that adjusters can deprive you of money and benefits that you may be entitled to. If you have been hurt in an accident, talk to a personal injury before speaking to an insurance adjuster.

Tips on how to deal with the sneaky insurance adjuster

If you have not made a final decision on hiring a personal injury attorney, it is important to keep a few things in mind. To begin with, everything you say and do is being scrutinized by the insurance adjuster. You should never minimize your injuries in any way. The adjuster will be watching you very carefully and will make note of anything to discredit your claim.

Schedule meetings during normal work hours, even if evenings or weekends are more convenient for you. If the adjuster protests, let him know you prefer to meet during business hours, in case you need to contact certain “consultants” such as the Insurance Commissioner.

Don’t go alone! If you have not chosen an attorney yet, you should attend the meeting with an adult friend or relative. Choose a reliable person who can accompany you at each meeting. This will help to keep a sneaky adjuster from trying to mislead you. Is that a possibility? Without a doubt!

Let the adjuster make the offer. Typically the adjuster will begin by turning the tables on you in asking, “What do you think your claim is worth? And this is where accident victims without attorneys make one the biggest mistakes. The adjuster hopes you will ask for less than he was preparing to offer. Don’t give the adjuster such a big advantage! This is why having a skilled, experienced personal injury attorney is important. They will protect your rights and how to combat less than ethical practices by adjusters.

Keeping these tips in mind will help you avoid clever ploys and loss of potential benefits if you are an accident victim. If you are involved in an accident it’s advisable to seek the advice of a skilled, experienced personal injury attorney who can make all the difference between getting what you deserve and what the adjuster wants to give you.

Copyright HG.org

When Is Drunk Driving A Felony?

As most people are aware, there are two classifications of crimes, felonies and misdemeanors. Misdemeanors are often considered to be less serious crimes, which carry lighter penalties under the law. The penalty for being convicted of or pleading guilty to a misdemeanor can range anywhere from a small fine to up to a year in jail. The penalty for being convicted of or pleading guilty to a felony, however, is more severe. The penalty for being convicted of a felony can often be prison time. Drunk driving or a DUI is a crime that can be charged as either a misdemeanor or a felony. If you are facing a DUI charge in the Jacksonville, Florida area, it is important for you to retain the services of a skilled Jacksonville DUI lawyer.

There are several factors, which can affect whether or not you are charged with a misdemeanor or a felony if you are pulled over and arrested for a DUI. These factors include whether or not anyone was injured, the number of previous DUI charges that are on your record, and your blood alcohol content (BAC). If you cause serious injury to another person as a result of driving drunk, you are more likely to face a felony DUI charge.

In addition, having two priors DUI convictions on your record almost guarantee that you will be charged with felony DUI. When charged with felony DUI it is imperative that you retain the services of a criminal lawyer. Although the penalties for a misdemeanor DUI can be substantial, a felony DUI can carry some very serious penalties in many instances. Therefore, if you have been charged with a DUI, it is in your best interest to speak with a criminal attorney immediately. Criminal defense attorneys know the penalties that you may face for a DUI and how to minimize the repercussions for you.

AUTHOR: James Davis

Copyright Law Office of James Davis, PA - Google+
More information about Law Office of James Davis, PA

Probate & Estate – Executor’s Rights to Commence Legal Action Before Grant

In that case, the plaintiffs and the defendant were the children of a foreign national (“Deceased”) who died domiciled in Thailand. The plaintiffs were the purported executors of a Thai language will made by the Deceased in Thailand. In the Thai probate proceedings, the Thai first instance court held that the Deceased’s will was valid and the defendant lodged an appeal against that decision. As a result of the appeal which is still pending, the plaintiffs have not yet obtained any grant of probate in either Thailand or Hong Kong.

The plaintiffs brought proceedings in Hong Kong in their capacity as executors of the Deceased, seeking declarations that the deed of gift under which the Deceased had assigned her interest in a Hong Kong property to the defendant was void and/or of no legal effect and the property was therefore held on trust for the Deceased and her estate. The plaintiffs averred that the deed was procured by the defendant’s fraudulent misrepresentation. The defendant applied by way of Order 14A relief to strike out the plaintiffs’ claim. The lower court judge refused to determine the question of whether the plaintiffs have any locus standi to commence the present legal action, but granted a stay of the action pending a grant to be obtained in Hong Kong by the plaintiffs and a reasonable time had elapsed after the grant had been submitted to the defendant for inspection. The defendant appealed against the lower court’s decision.

Rights of Executors Under a Will

It was not disputed by the parties that in terms of administration of estate, in so far as Hong Kong landed property belonging to an estate or claims in respect of the same is concerned, the title of the executor must be proved by a grant issued by the Probate Registry and the administration of such property would be governed by Hong Kong law.

The issue in this case at the Court of Appeal is whether the plaintiffs can advance their claims in this action in their capacity as executors appointed under the Thai will. The appellate court judges affirm the principle that an executor derives title and authority from the will of the testator and not from any grant of probate and this principle is based on the well settled principles of English law (see Comyns’ Digest, “Administrative” B 9 and 10). As such, a person may commence legal proceedings in his position as an executor before the grant of probate and continue with it up to the time when the production of the probate becomes necessary. An administrator (of a deceased died intestate), however, cannot commence legal action prior the grant as his title and authority are solely derived from his grant. The above principles apply to both foreign and local executors appointed by a will.

However, an executor, whether he is a local or a foreigner, needs to obtain a grant in Hong Kong before he can collect and distribute deceased’s estate in Hong Kong. The commencement of legal proceedings by an executor would not lead to assets of the estate falling within the hands of the executor before the grant of probate. In other words, an executor, has to obtain a grant in Hong Kong before he can prove his title and receive and distribute properties of the estate in Hong Kong.

The importance of the ability to commence legal proceedings by an executor lies in the limitation period. In respect of a cause of action in favour of the estate of a deceased, the time will begin to run at the time of the deceased’s death if there is an executor under the will. If the limitation period would likely expire before the grant is made, the executor must commence the legal action promptly to preserve the claim.

Conclusion

The decision in Nativivat v Nativivat highlights a key difference between the powers of an executor (in the case of a will) versus an administrator (in the case of intestate) in terms of their respective rights to commence legal proceedings in Hong Kong. Whilst a grant must be obtained before either an executor or an administrator can receive and distribute the estate of the deceased in Hong Kong, the power of the executor (unlike the administrator) stems from the will rather than a grant of probate. Accordingly, an executor, whether local or foreign, would have greater powers to safeguard the deceased’s estate before a grant is obtained and must do so before the expiry of the limitation period.

AUTHOR: Angela Wang & Co

Copyright Angela Wang & Co.
More information about Angela Wang & Co.

Balch Springs Traffic Ticket Attorney: Speeding and Warrants

The Balch Springs Police Department does not let speeding motorists get away with driving over the speed limit. If you have been issued a speeding ticket in Balch Springs, or in a nearby Dallas County neighborhood, and are worried about points being added to your driving record as a result, you may want to consider challenging your violation. An experienced traffic ticket attorney may be able to help you with this goal, no matter if you hold a Class C driver's license or a CDL. Be aware that drivers who do not respond to Balch Springs speeding tickets issued to them will eventually face serious consequences.

Have you neglected a speeding violation written to you by a Balch Springs police officer? If so, and the ticket is now outstanding, the Balch Springs Municipal Court may issue a warrant for your arrest. If you want to avoid incarceration and even a suspended driver's license, you may need professional assistance. A lawyer who has experience lifting arrest warrants and posting bonds in Balch Springs may be able to get your warrants lifted so that you can avoid jail time. If you have already been jailed, bail may be posted on your behalf and a Municipal Court hearing scheduled.

Balch Springs speeding tickets can be worrisome for any driver, but perhaps especially for CDL holders. Individuals who hold CDLs include commercial truckers, firefighters and bus drivers, and these people must rely on their clean driving record to remain on the job. Because pending traffic violations can potentially jeopardize CDL drivers' careers, they may especially benefit from the legal services provided by a local law firm. Commercial drivers are not eligible for probation or defensive driving courses, but an acceptable deal may still be worked out on their behalf in court.

ABOUT THE AUTHOR: Jack Byno
I'm Jack Byno, and I'm a Balch Springs traffic ticket lawyer. From my offices conveniently located in the Dallas-Fort Worth metropolitan area, I represent clients in a variety of traffic violation matters in Dallas County, including traffic warrants and speeding tickets. Contact me today for aggressive representation.

Copyright Jack Byno, Attorney at Law - Google+
More information about Jack Byno, Attorney at Law

Source: hg.org