Are you aware of your legal commitment as a director of a childcare? Do you know that, as a director, there are certain code of conducts that you should be adhering to when conducting your business?
Do you know what your duties are as a director of your daycare centre? Many business owners are unaware of the legal implications of being a director of an establishment. Whilst understandably, many of us are not legal professional, it is important to know what’s required of you as a director so that you can make a conscious effort to stay away from situations which could potentially put you in conflict with your duties as a director.
A director’s duties can be categorized broadly as:
• Fiduciary Duties
• Duties of skill, care and diligence
• Statutory Duties
1) Fiduciary Duties
a. A director is required to act in genuine interest of the company’s interest at all times
As a director, he is required to act honestly and conduct due diligence when discharging his duties as a director. Should a director be forced to make a decision or undertake a transaction which may seem unviable or disadvantageous for the company, he must be able to justify other intangible benefits for the company; either to the company as a corporate entity or its group of company, the members and employees in the company or the interest of the creditors in the company.
b. A director must avoid positions where his personal interest may be in conflict with his duty
A director must ensure that he acts in the best interest of the company at all times and not be in a position where his personal interest will impair his judgment resulting in a situation where his personal interest take precedence over the company’s interest.
c. Duty to use powers for proper purposes and not for any collateral purpose
A director must understand that he is the trustee of the company’s assets and the company assets entrusted to him are to be applied for the company’s purpose and interest. It is considered a breach of fiduciary duty should the director misapply the company’s assets or abuse his power. Even if he was misguided on what was in the company’s interest, the director is still in breach of his duty should be misuse his powers. And should he misapply the company’s funds, he is in breach of criminal breach of trust, be it or not he has personally benefited from it. A director must not accept any form of reward or payment from any third party other than his company.
2) Duties of skill, care and diligence
A director must ensure that he exercise reasonable care and skill when undertaking his director responsibility with any additional knowledge and experience which he actually has..
3) Statutory Duties
A director’s breach of statutory duty can be a civil breach rendering the director liable to the company for any profit made by him or for any damage suffered by the company or a criminal offence.
a. Duty to disclose certain important information
A director is bound to disclose certain information to the company such as interest in a proposed or existing transaction or arrangement with the company or loans to director, etc. The type of information that a director is required to disclose can vary slightly from country to country and state to state.
b. Duty to ensure that the accounts are properly prepared
It is the director’s duty to ensure that the accounts are properly prepared and managed. The accounts should provide a true and fair view of the state of affairs of the company and explain its transactions.
In essence, it is important to note that a director’s duty to the company is an important one. He must at all times act with care, honesty and diligence and make decisions which are in the best interest of the company and not oneself.
For more essential information and resources on starting a successful daycare business, please visit www.setupadaycare.com
http://www.a1articles.com/article_193081_18.html
Monday, July 30, 2007
Mediation How-To For Trial Lawyers
The June issue of Trial, a publication of the American Association for Justice, contains a helpful “How-To” article for trial lawyers on the mediation of commercial disputes. Stewart I. Edelstein wrote the lengthy “Hot-To” article, which discusses such topics as choosing the right mediator, preparing to mediate, selecting which strategies to utilize, getting past impasse and finalizing the mediation. The tips are summarized quickly for you below.
Choosing a Mediator
Mr. Edelstein writes that you should chose a mediator “…who is impartial and has a strong track record for effective problem-solving, excellent negotiating skills, patience, trustworthiness, a keen business sense, and a good sense of humor.” However, sometimes a general mediator won’t get the job done. You may need to choose a mediator who focuses on a particular area, such as construction or patents.
Preparing to Mediate
Failing to prepare is one of the biggest mistakes lawyers make in connection with mediation. Mr. Edelstein suggests many tips, including:
- Decide on an initial demand
- Discuss creative solutions with client before mediation
- Provide a complete pre-mediation statement
- Discuss proper mediation demeanor with client
- Work out an agreement for the terms of the mediation
Selecting Strategies
Make sure the strategies you select are the ones that will achieve the final results that the client seeks. Carefully consider the opening position. It is an important opportunity to convey to your opponent that you are a formidable adversary prepared to litigate the case to conclusion, if necessary. Nevertheless, recognize the benefits to both parties of resolving the case sensibly through this mediation. Finally, be patient, open-minded and involved.
Getting Past Impasse
This can easily be achieved by a good mediator with effective strategies. Mr. Edelstein includes many “impasse breakers” such as:
- Refocus on the importance of the ongoing relationship
- Emphasize mutual benefits of resolving the dispute without publicity
- Review risks and costs
- Consider non-monetary settlement components
- Consider a “double-blind” proposal
- Take a recess
- Transform the process from mediation to arbitration
Finality is Key
When the mediation is final, and if it is successful, Mr. Edelstein strongly recommends getting the terms of the agreement in writing before mediation concludes. Consider having a computer and printer available to draft the terms of the final agreement so it can be signed on the spot.
Preparation, however, is Mr. Edelstein’s biggest concern. It can be the difference between success and failure. An effective mediation can save time, money and relationships.
The National Arbitration Forum offers mediation services in all 50 states. Please see their Mediation Solution page for more information.
http://www.a1articles.com/article_193741_18.html
Choosing a Mediator
Mr. Edelstein writes that you should chose a mediator “…who is impartial and has a strong track record for effective problem-solving, excellent negotiating skills, patience, trustworthiness, a keen business sense, and a good sense of humor.” However, sometimes a general mediator won’t get the job done. You may need to choose a mediator who focuses on a particular area, such as construction or patents.
Preparing to Mediate
Failing to prepare is one of the biggest mistakes lawyers make in connection with mediation. Mr. Edelstein suggests many tips, including:
- Decide on an initial demand
- Discuss creative solutions with client before mediation
- Provide a complete pre-mediation statement
- Discuss proper mediation demeanor with client
- Work out an agreement for the terms of the mediation
Selecting Strategies
Make sure the strategies you select are the ones that will achieve the final results that the client seeks. Carefully consider the opening position. It is an important opportunity to convey to your opponent that you are a formidable adversary prepared to litigate the case to conclusion, if necessary. Nevertheless, recognize the benefits to both parties of resolving the case sensibly through this mediation. Finally, be patient, open-minded and involved.
Getting Past Impasse
This can easily be achieved by a good mediator with effective strategies. Mr. Edelstein includes many “impasse breakers” such as:
- Refocus on the importance of the ongoing relationship
- Emphasize mutual benefits of resolving the dispute without publicity
- Review risks and costs
- Consider non-monetary settlement components
- Consider a “double-blind” proposal
- Take a recess
- Transform the process from mediation to arbitration
Finality is Key
When the mediation is final, and if it is successful, Mr. Edelstein strongly recommends getting the terms of the agreement in writing before mediation concludes. Consider having a computer and printer available to draft the terms of the final agreement so it can be signed on the spot.
Preparation, however, is Mr. Edelstein’s biggest concern. It can be the difference between success and failure. An effective mediation can save time, money and relationships.
The National Arbitration Forum offers mediation services in all 50 states. Please see their Mediation Solution page for more information.
http://www.a1articles.com/article_193741_18.html
Tuesday, July 24, 2007
Corporation Law
It has been said that one of the best qualities of US corporation law, is its federalist organization. A firm may choose its state of incorporation, a domicile that is independent of its actual physical presence, and one that can be changed at any time with shareholder approval. The corporation codes in each state contain the standard provisions for corporate governance and function as default provisions in corporate charters. The firm therefore can tailor their corporate charters to fit their needs more precisely under the state code. Just as important to them, firms may also look for a state whose corporation law best matches their needs.
The provisions in various corporation laws run the gamut from trivial housekeeping to the more fundamental need for fashioning the relationship between shareholders and managers. Corporation laws may provide for things as mundane as specifying that a corporation’s name be placed in its charter, to as esoteric a thing as specifying the fiduciary duties of managers and voting rights of shareholders, when these can be waived and procedures for corporate combinations, including when managers’ – as opposed to shareholders’ – decisions are controlling. States have provided a different set of governance defaults for small privately held firms, which are called ‘close corporation codes’. The varieties of corporation laws have an enabling approach thereby accommodating the diversity in organization, capital structure, and lines of business found in different business firms.
Most corporation laws have to wrestle with the problem of separation of ownership from control in the modern public corporation. The big, publicly held firms typically have numerous shareholders with small holdings, who cannot actively exercise control over the firm or monitor management. The holdings of the managers running such firms are usually infinitesimal. This creates what is called an ‘agency’ problem, in which the managers’ operation of a firm may deviate from the shareholders’ wishes to maximize the value of the firm.
It is not inconceivable, for example, to find managers implementing a policy that makes their jobs more secure, such as engaging in defensive tactics to thwart a corporate takeover, even though this policy may reduce the company’s value. Or, because the managers’ wealth is indexed to both present and prospective compensation in the firm, they may follow a corporate strategy to reduce firm-specific risk. A typical example is the diversification of corporate acquisitions, in spite of the knowledge that the shareholders will not benefit because they are holding diversified stock portfolios which are subject to market, not firm-specific, risks.
The primary role of corporation laws in this regard is to establish corporate governance policies that mitigate this agency problem by aligning managerial incentives with shareholder interests. Corporation laws have governance devices such as promoting shareholder-elected boards of directors to monitor managers, strengthening shareholder voting rights for fundamental corporate changes, and defining fiduciary duties that impose liability on managers and directors who act negligently or with divided loyalty (i.e. favor their own financial interest over that of shareholders). Perhaps, managers should be reminded that corporation law presumes that firms should be managed for shareholders’ interests, not those of managers, in situations when those interests are in conflict.
My name is Ashley Castellanos, and I have been helping Internet business owners set up and run their businesses correctly since 1997. I own Corporation Soft, a company that was created for, and is dedicated to teaching business owners about corporation law.
http://ezinearticles.com/?Corporation-Law&id=518256
The provisions in various corporation laws run the gamut from trivial housekeeping to the more fundamental need for fashioning the relationship between shareholders and managers. Corporation laws may provide for things as mundane as specifying that a corporation’s name be placed in its charter, to as esoteric a thing as specifying the fiduciary duties of managers and voting rights of shareholders, when these can be waived and procedures for corporate combinations, including when managers’ – as opposed to shareholders’ – decisions are controlling. States have provided a different set of governance defaults for small privately held firms, which are called ‘close corporation codes’. The varieties of corporation laws have an enabling approach thereby accommodating the diversity in organization, capital structure, and lines of business found in different business firms.
Most corporation laws have to wrestle with the problem of separation of ownership from control in the modern public corporation. The big, publicly held firms typically have numerous shareholders with small holdings, who cannot actively exercise control over the firm or monitor management. The holdings of the managers running such firms are usually infinitesimal. This creates what is called an ‘agency’ problem, in which the managers’ operation of a firm may deviate from the shareholders’ wishes to maximize the value of the firm.
It is not inconceivable, for example, to find managers implementing a policy that makes their jobs more secure, such as engaging in defensive tactics to thwart a corporate takeover, even though this policy may reduce the company’s value. Or, because the managers’ wealth is indexed to both present and prospective compensation in the firm, they may follow a corporate strategy to reduce firm-specific risk. A typical example is the diversification of corporate acquisitions, in spite of the knowledge that the shareholders will not benefit because they are holding diversified stock portfolios which are subject to market, not firm-specific, risks.
The primary role of corporation laws in this regard is to establish corporate governance policies that mitigate this agency problem by aligning managerial incentives with shareholder interests. Corporation laws have governance devices such as promoting shareholder-elected boards of directors to monitor managers, strengthening shareholder voting rights for fundamental corporate changes, and defining fiduciary duties that impose liability on managers and directors who act negligently or with divided loyalty (i.e. favor their own financial interest over that of shareholders). Perhaps, managers should be reminded that corporation law presumes that firms should be managed for shareholders’ interests, not those of managers, in situations when those interests are in conflict.
My name is Ashley Castellanos, and I have been helping Internet business owners set up and run their businesses correctly since 1997. I own Corporation Soft, a company that was created for, and is dedicated to teaching business owners about corporation law.
http://ezinearticles.com/?Corporation-Law&id=518256
Criminal Misdemeanor Law in Rhode Island (RI) - Plea Agreements - Sentencing & What is a Conviction?
This article explains pleas and sentencing in Rhode Island (RI) for criminal misdemeanors. If you are charged with a misdemeanor crime in Rhode Island you should read this legal article very carefully. However, do not use this article as a substitute for seeking independent legal advice from a lawyer. This article was written by attorney, David Slepkow 401-437-1100.
A misdemeanor is any offense punishable by up to one year in Jail. Typical misdemeanors are: driving under the influence of alcohol (dui / dwi), shoplifting, domestic assault, Second (2nd) offense refusal to take the breathalyzer, driving on a suspended license, writing bad checks, domestic vandalism, simple assault and battery, domestic disorderly, reckless driving, disorderly conduct, etc. There are different rules that apply to driving with suspended licenses and this article does not fully address those provisions.
It is a very bad idea for a person to represent themselves (pro-se) in a criminal case. Please note that this article only applies to Rhode Island misdemeanor offenses and does not apply to any other states!
At the arraignment, A person should almost always say not guilty and hire an attorney. If a person cannot afford a lawyer then the person should go to the Public Defender. After the arraignment the matter will be set for a pretrial conference a couple of weeks later. In some very limited circumstances a person can work out a plea deal at the arraignment. It is usually a very bad idea for a person to enter into a plea agreement without an attorney.
At the pretrial conference a person can change their plea after meeting with the prosecutor and or the judge and after finding out what the prosecutor is offering for a a sentence. A defendant can negotiate with the prosecutor through their lawyer. If a plea agreement cannot be worked out at the pretrial conferences the matter will be set for trial. The matter also could be scheduled for motions prior to the trial if motions are requested.
A person should never change their plea from not guilty to nolo contendere or guilty without a plea deal from the prosecutor.
In Rhode Island, a defendant can enter one of four pleas: guilty, not guilty, nolo contendere or an "alfred plea".
Guilty and Not Guilty Pleas
The pleas of guilty and not guilty are obvious. If the plea is not guilty then the matter will be scheduled for a trial on the merits in which the prosecution must prove beyond a reasonable doubt that the person is guilty of the alleged offense. The person will be presumed innocent and it is the prosecutions burden to prove that the person is guilty. Usually, it is a very very bad idea to take a guilty plea! Guilty pleas or a finding of guilt after a trial is always a criminal conviction in Rhode Island.
Nolo Contendere Plea
Nolo contendere means a person is not contesting the charges. When a defendant takes a nolo contendere plea in Rhode island, the defendant is indicting that he does not want to contest the charges but is also essentially admitting to the charges.
What is the difference between a guilty plea and a nolo contendere plea in rhode Island? There is a huge difference! A guilty plea is always a criminal conviction under Rhode Island law. A criminal conviction has major negative implications especially when a person applies for employment. A plea of nolo contendere may not constitute a criminal conviction in Rhode Island. A plea of nolo contendere is only a conviction in Rhode Island if there is a sentence of confinement (such as the ACI or home confinement), a suspended sentence or a fine imposed.
For example, A plea of nolo contendere with a sentence of probation and a contribution to the violent crimes indemnity fund or court costs will not constitute a conviction under Rhode Island law! For example, A plea of nolo contendere with a sentence of a filing and a contribution to the violent crimes indemnity fund (vcif) will not constitute a conviction under Rhode Island law.
However, anything with a fine attached to it will be a conviction under Rhode Island law. Therefore, it is important that the defendant gets either no fine or a contribution to the victims fund or court costs rather then a fine.
All misdeameanor plea agreements in Rhode lsland should be nolo contendere with court costs or a contribution towards the victims indemnity fund rather then guilty pleas!
Alfred Pleas
Alfred Pleas are strongly disfavored by judges in Rhode Island (RI) and are difficult to get. Alfred pleas derive from a United States Supreme Court case. In an Alfred plea, a defendant will admit that the state has sufficient evidence to convict him or her if the case went to trial but will not admit to anything.
DUI / Drunk Driving charges
In Rhode Island, any plea to drunk driving, driving under the influence, DUI/ DWI is a conviction under Rhode Island law. A breathalyzer refusal plea of guilty or "admitting to sufficient facts" is not a criminal conviction because a breathalyzer refusal is a civil case. For more information concerning Rhode Island drunk driving / dui and breathalyzer refusal law please see =>http://ezinearticles.com/?Rhode-Island-DUI---DWI-Law-Should-I-Refuse-The-Breathalyzer?&id=486659
Guilty Finding after Trial and appeals de novo
If the defendant is found guilty after trial the sentence will constitute a conviction. If a person is found guilty at trial in district court they can appeal de novo (of new) to the Superior Court and the conviction will be erased and the case will essentially start all over again in the Superior Court.
Obviously, the defendants best result is either a dismissal by the prosecution or an acquittal. A defendant has five days to file an appeal of a guilty finding after trial or appeal a plea agreement that he / she is unhappy with. In the Superior Court appeal, the defendant has a right to a trial by jury. Whereas, in The District Court a person waives their right to a trial by jury but in exchange for their waiver of their right to a trial by jury has the right to appeal any guilty finding de novo (of new) to the Superior Court. A person charged with a misdemeanor essentially has two bites of the apple so to speak. A defendant can attempt to win at a judge decided trial in District Court and then if they lose they can do it all over again with a jury trial in Superior Court.
What is a "filing" in Rhode Island?
If the defendant takes a not guilty plea or a nolo contendere plea then the case will be "filed" for a year. This is commonly called a "filing". If the defendant does not get arrested or get in other trouble and complies with the conditions of the filing during the one year period then the case is dismissed and can be easily expunged from a person's record after the year.
What types of filing are there in Rhode Island
There are two types of filings, not guilty filings and nolo contendere filings. A not Guilty filing is when the defendant maintains his innocence and the case if filed for a year. A not guilty filing is not usually allowed by Judges in the District Court. Not Guilty filings are extremely rare in the District Court. Some judges will not allow not guilty filings as a matter of policy. Not guilty filings are very beneficial to the defendant as the best case scenario short of a dismissal or not guilty finding because if the person is accused of a new crime or violating their filing the state will need to still prove their underlying case.
A nolo contendere filing is when the defendant admits to guilt and the case is filed for a year. The vast majority of filings are nolo contedere filings! A major difference between a not guilty filing and a nolo contendere filing is when a person is violated for a not guilty filing then the state / prosecution must prove guilt at that time. Whereas, if a person is violated for a nolo contendere filing, the judge simply must impose a sentence because the person has already admitted guilt to that offense.
If the person violates his filing by not complying with the conditions of the filing then the persons filing can be revoked by the Court. If a person takes a nolo contendere filing and gets into further trouble, violates the conditions of the filing or is arrested on a new offense then the person will be hailed back into court to be sentenced on the filing. (unless the filing was a not guilty filing which means the prosecution must prove the defendants guilt) There are various conditions that can be put on a filing inluding alcohol and drug counseling, domestic violence counseling or classes, restitution, no contact with the victim and community service.
What implications are there for domestic violence offenses in Rhode Island?
If the underlying charge is for a domestic offense such as domestic assault / domestic vandalism or domestic disorderly conduct then the defendant will be ordered to have no contact with his wife girlfriend or the victim as the case may be. If the defendant violates the no contact order then the defendant will be charged with a separate offense of violating a no contact order as well as violating the conditions of the filing or probation, as a result of the communication.
No Contact Orders in Rhode Island explained
A "no contact order" means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes but is not limited to letters, emails, text messages or messages delivered through a third party.
In other words if a person is under a no contact order and sees the victim in public they must leave the area immediately and not acknowledge the victims existence. A person cannot even say "hi" if they walk by the victim by chance on the street.
Be very careful! A person can be arrested for violating a no contact order even if the victim initiates the contact and calls the defedant. A person can be charged with breaking a no contact order even if invited by his wife to come back to the marital home.
Even if the victim tells you that the no contact order has been dropped, do not take the victims word for it. You must see the piece of paper signed by the judge dismissing the no contact order before any contact or communication is initiated. A no contact order expires when the sentence period is finished. However, be careful because there may also be a restraining order issued as a reult of a divorce or family court matter or a District Court restraining order.
A person who is on probation or a probation attached to a suspended sentence must be even more vigilante in order to not violate the no contact order. For example, a single phone call made by the defendant to a victim under the protection of a no contact order probably means a minimum of ten 10 days in jail at the ACI. We are not talking about the local town jail but the ACI.
Violation of conditions of filing
Please note, that a person who has a filing can be held for up to ten days at the ACI if arrested for a new charge / crime. A person who is on a filing must be very careful that he / she stays out of troubl.
If the person is violated from the terms and conditions of the filing then hypothetically the filing could become a conviction because that person has already admitted to the charges by pleading nolo contendere and giving up his right to contest the charges. Court costs will be imposed if there is a nolo contendere filing in a criminal case.
Probation in Rhode Island
If a person recieves probation then they will need to abide by the conditions of the probation and agree to keep the peace and be of good behavior. If a person violates his probation by being arrested for a new crime then the person may be held in Jail at the ACI as a probation violater. After ten days a person has the right to a hearing. At the probation violation hearing, the prosecutor must only convince the judge so that the judge is "reasonably satisfied" that the person violated the probation by committing the new offense. Also the person will be prosecuted for the new offense as a separate charge from violating the probation. There is a good chance that if a person is violated for his probation that the probation which was originally not a conviction will now ripen into a conviction.
A probationary period is a time of great risk for a defendant and a defendant must be careful to stay out of trouble!
A person can also be violated for his probation for various infractions that may not be criminal acts but that violate the conditions of probation such as not keeping probation informed of new adresses, leaving the state without permission, not paying court costs or restitution, not properly reporting to the probation officer, etc. When a person is under probation in Rhode Island he or she is essentially is in a contract with the state to keep the peace, be of good behavior and comply with the conditions and rules of probation.
What is a probation with a suspended sentence in Rhode Island?
If the charges are serious or the person has a lengthy criminal record of has already been placed on probation before then in addition to the probation, the judge may attach a suspended sentence. A person who has a suspended sentence is in a period of extreme risk because a new offense could lead to substantial jail time!
A suspended sentence is always a conviction under Rhode Island law. A person with probation and a suspended sentence attached will not spend anytime in prison unless the person violates the conditions of his probation as set forth above.
The period of the suspended sentence is the most time that a person could spend in prison if the person violates the conditions of the probation or commits a new offense. If the person violates the probation, the judge could sentence the person up to the amount of time that is suspended. Please note that the person could get additional sentence and or penalties as a result of the new charge. It is in the defendants best interest to have the period of suspended sentence to be as short as possible. The suspended sentence typically is for the same amount of time as the period of probation.
Please note that if the offense is driving on a suspended license there are special rules that apply that are set forth in the statutes.
Most prosecutors and judges believe that each sentence should be more severe then the last. A person's first minor offense is likely to lead to only a filing which is the lowest form of penalty in Rhode Island. A person usually will only be allowed one filing.
It is important that this criminal law article be used for informational purposes only and not as a substitute for seeking legal advice from a Rhode Island lawyer.
Rhode Island criminal, dui, divorce, family law, and personal injury law lawyer, David Slepkow has been practicing law for ten years. You can contact David at http://www.slepkowlaw.com or by calling him at 401-437-1100. David Slepkow is a lawyer and partner at Slepkow Slepkow & Associates, Inc. in East providence, Rhode Island. Slepkow Slepkow & Associates, Inc. was established in 1932 and is currently celebrating its 75th anniversary! Attorney, David Slepkow is a member of the Rhode Island (RI) and Massachusetts (MA) Bar Association. David offers free initial consultations and accepts all major credit cards. If necessary, David can arrange weekend and evening consults. David never charges any fee for personal injury case, automobile / auto/ car accidents and slip & fall cases unless sucessfull. David Slepkow is a member of the Family Law Inns of Court and the Rhode Island Trial Lawyers Association. David Practices in the following areas of law: criminal law, DUI & Breathalyzer refusal, divorce & personal injury.
http://ezinearticles.com/?Criminal-Misdemeanor-Law-in-Rhode-Island-(RI)---Plea-Agreements---Sentencing-and-What-is-a-Conviction?&id=519372
A misdemeanor is any offense punishable by up to one year in Jail. Typical misdemeanors are: driving under the influence of alcohol (dui / dwi), shoplifting, domestic assault, Second (2nd) offense refusal to take the breathalyzer, driving on a suspended license, writing bad checks, domestic vandalism, simple assault and battery, domestic disorderly, reckless driving, disorderly conduct, etc. There are different rules that apply to driving with suspended licenses and this article does not fully address those provisions.
It is a very bad idea for a person to represent themselves (pro-se) in a criminal case. Please note that this article only applies to Rhode Island misdemeanor offenses and does not apply to any other states!
At the arraignment, A person should almost always say not guilty and hire an attorney. If a person cannot afford a lawyer then the person should go to the Public Defender. After the arraignment the matter will be set for a pretrial conference a couple of weeks later. In some very limited circumstances a person can work out a plea deal at the arraignment. It is usually a very bad idea for a person to enter into a plea agreement without an attorney.
At the pretrial conference a person can change their plea after meeting with the prosecutor and or the judge and after finding out what the prosecutor is offering for a a sentence. A defendant can negotiate with the prosecutor through their lawyer. If a plea agreement cannot be worked out at the pretrial conferences the matter will be set for trial. The matter also could be scheduled for motions prior to the trial if motions are requested.
A person should never change their plea from not guilty to nolo contendere or guilty without a plea deal from the prosecutor.
In Rhode Island, a defendant can enter one of four pleas: guilty, not guilty, nolo contendere or an "alfred plea".
Guilty and Not Guilty Pleas
The pleas of guilty and not guilty are obvious. If the plea is not guilty then the matter will be scheduled for a trial on the merits in which the prosecution must prove beyond a reasonable doubt that the person is guilty of the alleged offense. The person will be presumed innocent and it is the prosecutions burden to prove that the person is guilty. Usually, it is a very very bad idea to take a guilty plea! Guilty pleas or a finding of guilt after a trial is always a criminal conviction in Rhode Island.
Nolo Contendere Plea
Nolo contendere means a person is not contesting the charges. When a defendant takes a nolo contendere plea in Rhode island, the defendant is indicting that he does not want to contest the charges but is also essentially admitting to the charges.
What is the difference between a guilty plea and a nolo contendere plea in rhode Island? There is a huge difference! A guilty plea is always a criminal conviction under Rhode Island law. A criminal conviction has major negative implications especially when a person applies for employment. A plea of nolo contendere may not constitute a criminal conviction in Rhode Island. A plea of nolo contendere is only a conviction in Rhode Island if there is a sentence of confinement (such as the ACI or home confinement), a suspended sentence or a fine imposed.
For example, A plea of nolo contendere with a sentence of probation and a contribution to the violent crimes indemnity fund or court costs will not constitute a conviction under Rhode Island law! For example, A plea of nolo contendere with a sentence of a filing and a contribution to the violent crimes indemnity fund (vcif) will not constitute a conviction under Rhode Island law.
However, anything with a fine attached to it will be a conviction under Rhode Island law. Therefore, it is important that the defendant gets either no fine or a contribution to the victims fund or court costs rather then a fine.
All misdeameanor plea agreements in Rhode lsland should be nolo contendere with court costs or a contribution towards the victims indemnity fund rather then guilty pleas!
Alfred Pleas
Alfred Pleas are strongly disfavored by judges in Rhode Island (RI) and are difficult to get. Alfred pleas derive from a United States Supreme Court case. In an Alfred plea, a defendant will admit that the state has sufficient evidence to convict him or her if the case went to trial but will not admit to anything.
DUI / Drunk Driving charges
In Rhode Island, any plea to drunk driving, driving under the influence, DUI/ DWI is a conviction under Rhode Island law. A breathalyzer refusal plea of guilty or "admitting to sufficient facts" is not a criminal conviction because a breathalyzer refusal is a civil case. For more information concerning Rhode Island drunk driving / dui and breathalyzer refusal law please see =>http://ezinearticles.com/?Rhode-Island-DUI---DWI-Law-Should-I-Refuse-The-Breathalyzer?&id=486659
Guilty Finding after Trial and appeals de novo
If the defendant is found guilty after trial the sentence will constitute a conviction. If a person is found guilty at trial in district court they can appeal de novo (of new) to the Superior Court and the conviction will be erased and the case will essentially start all over again in the Superior Court.
Obviously, the defendants best result is either a dismissal by the prosecution or an acquittal. A defendant has five days to file an appeal of a guilty finding after trial or appeal a plea agreement that he / she is unhappy with. In the Superior Court appeal, the defendant has a right to a trial by jury. Whereas, in The District Court a person waives their right to a trial by jury but in exchange for their waiver of their right to a trial by jury has the right to appeal any guilty finding de novo (of new) to the Superior Court. A person charged with a misdemeanor essentially has two bites of the apple so to speak. A defendant can attempt to win at a judge decided trial in District Court and then if they lose they can do it all over again with a jury trial in Superior Court.
What is a "filing" in Rhode Island?
If the defendant takes a not guilty plea or a nolo contendere plea then the case will be "filed" for a year. This is commonly called a "filing". If the defendant does not get arrested or get in other trouble and complies with the conditions of the filing during the one year period then the case is dismissed and can be easily expunged from a person's record after the year.
What types of filing are there in Rhode Island
There are two types of filings, not guilty filings and nolo contendere filings. A not Guilty filing is when the defendant maintains his innocence and the case if filed for a year. A not guilty filing is not usually allowed by Judges in the District Court. Not Guilty filings are extremely rare in the District Court. Some judges will not allow not guilty filings as a matter of policy. Not guilty filings are very beneficial to the defendant as the best case scenario short of a dismissal or not guilty finding because if the person is accused of a new crime or violating their filing the state will need to still prove their underlying case.
A nolo contendere filing is when the defendant admits to guilt and the case is filed for a year. The vast majority of filings are nolo contedere filings! A major difference between a not guilty filing and a nolo contendere filing is when a person is violated for a not guilty filing then the state / prosecution must prove guilt at that time. Whereas, if a person is violated for a nolo contendere filing, the judge simply must impose a sentence because the person has already admitted guilt to that offense.
If the person violates his filing by not complying with the conditions of the filing then the persons filing can be revoked by the Court. If a person takes a nolo contendere filing and gets into further trouble, violates the conditions of the filing or is arrested on a new offense then the person will be hailed back into court to be sentenced on the filing. (unless the filing was a not guilty filing which means the prosecution must prove the defendants guilt) There are various conditions that can be put on a filing inluding alcohol and drug counseling, domestic violence counseling or classes, restitution, no contact with the victim and community service.
What implications are there for domestic violence offenses in Rhode Island?
If the underlying charge is for a domestic offense such as domestic assault / domestic vandalism or domestic disorderly conduct then the defendant will be ordered to have no contact with his wife girlfriend or the victim as the case may be. If the defendant violates the no contact order then the defendant will be charged with a separate offense of violating a no contact order as well as violating the conditions of the filing or probation, as a result of the communication.
No Contact Orders in Rhode Island explained
A "no contact order" means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes but is not limited to letters, emails, text messages or messages delivered through a third party.
In other words if a person is under a no contact order and sees the victim in public they must leave the area immediately and not acknowledge the victims existence. A person cannot even say "hi" if they walk by the victim by chance on the street.
Be very careful! A person can be arrested for violating a no contact order even if the victim initiates the contact and calls the defedant. A person can be charged with breaking a no contact order even if invited by his wife to come back to the marital home.
Even if the victim tells you that the no contact order has been dropped, do not take the victims word for it. You must see the piece of paper signed by the judge dismissing the no contact order before any contact or communication is initiated. A no contact order expires when the sentence period is finished. However, be careful because there may also be a restraining order issued as a reult of a divorce or family court matter or a District Court restraining order.
A person who is on probation or a probation attached to a suspended sentence must be even more vigilante in order to not violate the no contact order. For example, a single phone call made by the defendant to a victim under the protection of a no contact order probably means a minimum of ten 10 days in jail at the ACI. We are not talking about the local town jail but the ACI.
Violation of conditions of filing
Please note, that a person who has a filing can be held for up to ten days at the ACI if arrested for a new charge / crime. A person who is on a filing must be very careful that he / she stays out of troubl.
If the person is violated from the terms and conditions of the filing then hypothetically the filing could become a conviction because that person has already admitted to the charges by pleading nolo contendere and giving up his right to contest the charges. Court costs will be imposed if there is a nolo contendere filing in a criminal case.
Probation in Rhode Island
If a person recieves probation then they will need to abide by the conditions of the probation and agree to keep the peace and be of good behavior. If a person violates his probation by being arrested for a new crime then the person may be held in Jail at the ACI as a probation violater. After ten days a person has the right to a hearing. At the probation violation hearing, the prosecutor must only convince the judge so that the judge is "reasonably satisfied" that the person violated the probation by committing the new offense. Also the person will be prosecuted for the new offense as a separate charge from violating the probation. There is a good chance that if a person is violated for his probation that the probation which was originally not a conviction will now ripen into a conviction.
A probationary period is a time of great risk for a defendant and a defendant must be careful to stay out of trouble!
A person can also be violated for his probation for various infractions that may not be criminal acts but that violate the conditions of probation such as not keeping probation informed of new adresses, leaving the state without permission, not paying court costs or restitution, not properly reporting to the probation officer, etc. When a person is under probation in Rhode Island he or she is essentially is in a contract with the state to keep the peace, be of good behavior and comply with the conditions and rules of probation.
What is a probation with a suspended sentence in Rhode Island?
If the charges are serious or the person has a lengthy criminal record of has already been placed on probation before then in addition to the probation, the judge may attach a suspended sentence. A person who has a suspended sentence is in a period of extreme risk because a new offense could lead to substantial jail time!
A suspended sentence is always a conviction under Rhode Island law. A person with probation and a suspended sentence attached will not spend anytime in prison unless the person violates the conditions of his probation as set forth above.
The period of the suspended sentence is the most time that a person could spend in prison if the person violates the conditions of the probation or commits a new offense. If the person violates the probation, the judge could sentence the person up to the amount of time that is suspended. Please note that the person could get additional sentence and or penalties as a result of the new charge. It is in the defendants best interest to have the period of suspended sentence to be as short as possible. The suspended sentence typically is for the same amount of time as the period of probation.
Please note that if the offense is driving on a suspended license there are special rules that apply that are set forth in the statutes.
Most prosecutors and judges believe that each sentence should be more severe then the last. A person's first minor offense is likely to lead to only a filing which is the lowest form of penalty in Rhode Island. A person usually will only be allowed one filing.
It is important that this criminal law article be used for informational purposes only and not as a substitute for seeking legal advice from a Rhode Island lawyer.
Rhode Island criminal, dui, divorce, family law, and personal injury law lawyer, David Slepkow has been practicing law for ten years. You can contact David at http://www.slepkowlaw.com or by calling him at 401-437-1100. David Slepkow is a lawyer and partner at Slepkow Slepkow & Associates, Inc. in East providence, Rhode Island. Slepkow Slepkow & Associates, Inc. was established in 1932 and is currently celebrating its 75th anniversary! Attorney, David Slepkow is a member of the Rhode Island (RI) and Massachusetts (MA) Bar Association. David offers free initial consultations and accepts all major credit cards. If necessary, David can arrange weekend and evening consults. David never charges any fee for personal injury case, automobile / auto/ car accidents and slip & fall cases unless sucessfull. David Slepkow is a member of the Family Law Inns of Court and the Rhode Island Trial Lawyers Association. David Practices in the following areas of law: criminal law, DUI & Breathalyzer refusal, divorce & personal injury.
http://ezinearticles.com/?Criminal-Misdemeanor-Law-in-Rhode-Island-(RI)---Plea-Agreements---Sentencing-and-What-is-a-Conviction?&id=519372
Monday, July 23, 2007
How To Incorporate Yourself Without a Lawyer
You could save hundreds of dollars by incorporating yourself without a lawyer. How? Is it advisable to do so?
1. This is Not Legal Advice!
The only ones who should be giving legal advice are those licensed to practise law (in other words, only lawyers). This article is not legal advice. If you need legal advice, consult a lawyer.
This article is being written simply to inform you that it is possible to form a corporation or limited liability company without a lawyer.
2. Why Use a Lawyer?
First of all, if you make a mistake incorporating yourself, who do you sue? You only have yourself to blame. On the other hand, a lawyer has insurance to cover errors and omissions.
Secondly, you could benefit from the expertise of your lawyer. Perhaps a corporation isn`t the right vehicle for you under your circumstances. Be aware that there can be disadvantages as well as advantages to incorporating. Your lawyer can consider commercial law, securities legislation, limited liability, tax factors, estate planning, share structure, and a myriad of other business considerations. Sometimes the advice of a good lawyer can save you thousands of dollars.
3. Is it Advisable to Incorporate Yourself?
Is it advisable to perform surgery on yourself? It is illegal to perform surgery on someone else unless you are licensed to practise medicine, but perhaps in a wilderness survival scenario, self-surgery might be your only option. However, is performing surgery on yourself really a good idea in most instances?
Likewise, just because it is possible to incorporate yourself without a lawyer doesn`t mean it is always a good idea.
In some jurisdictions, only lawyers can incorporate others. For a paralegal or other person to incorporate a company for you could be considered unauthorized practise of law. Thus, it may be legal to incorporate yourself but not others.
Some factors you might consider are: Am I really that short of cash that I can`t spend the extra money for good legal advice that may save me thousands of dollars? Am I confident that my situation is one that really doesn`t need the services of a lawyer to incorporate? Can the money saved on legal fees be better utilized in financing other aspects of my business?
Each person will have to make their own decision on whether or not to seek the services of a lawyer in forming a corporation.
"He who has himself as a lawyer has a fool for a client." I have often thought that perhaps a law firm originated this common expression.
4. How To Incorporate Yourself
Many books have been written by lawyers on how to incorporate yourself.
For example, in Canada, M. Stephen Georgas, LL.B., has written books on the subject of forming your own corporation. Published by International Self-Counsel Press Ltd., he has authored "Incorporation and Business Guide for Ontario" ("How to form your own corporation Includes tax advantages to incorporating") and "Federal Incorporation And Business Guide" ("How to form your own Federal corporation under The Canada Business Corporations Act").
The same publisher sells forms and minute books as well as titles for incorporating in other provinces of Canada.
Forms, corporate supplies, name searches, and kits are available from legal stationers and other sources.
In the United States, there are likewise many manuals available for incorporating yourself in various states. "How To Form Your Own Corporation Without a Lawyer for Under $75.00" by Ted Nicholas is one such book.
Sometimes helpful information on this subject is available from federal, provincial and state governments for free or nominal cost.
You can sometimes locate incorporation manuals at your local library for free. Be careful. Legal manuals become outdated very rapidly. You might consider very seriously purchasing the most up-to-date manual available; it might also include helpful reference material on maintaining corporate minutes and other helpful suggestions on operating your corporation.
Buy the appropriate manual and supplies and then follow the instructions. With a little effort, you could save hundreds of dollars incorporating yourself without a lawyer.
http://ezinearticles.com/?How-To-Incorporate-Yourself-Without-a-Lawyer&id=166
1. This is Not Legal Advice!
The only ones who should be giving legal advice are those licensed to practise law (in other words, only lawyers). This article is not legal advice. If you need legal advice, consult a lawyer.
This article is being written simply to inform you that it is possible to form a corporation or limited liability company without a lawyer.
2. Why Use a Lawyer?
First of all, if you make a mistake incorporating yourself, who do you sue? You only have yourself to blame. On the other hand, a lawyer has insurance to cover errors and omissions.
Secondly, you could benefit from the expertise of your lawyer. Perhaps a corporation isn`t the right vehicle for you under your circumstances. Be aware that there can be disadvantages as well as advantages to incorporating. Your lawyer can consider commercial law, securities legislation, limited liability, tax factors, estate planning, share structure, and a myriad of other business considerations. Sometimes the advice of a good lawyer can save you thousands of dollars.
3. Is it Advisable to Incorporate Yourself?
Is it advisable to perform surgery on yourself? It is illegal to perform surgery on someone else unless you are licensed to practise medicine, but perhaps in a wilderness survival scenario, self-surgery might be your only option. However, is performing surgery on yourself really a good idea in most instances?
Likewise, just because it is possible to incorporate yourself without a lawyer doesn`t mean it is always a good idea.
In some jurisdictions, only lawyers can incorporate others. For a paralegal or other person to incorporate a company for you could be considered unauthorized practise of law. Thus, it may be legal to incorporate yourself but not others.
Some factors you might consider are: Am I really that short of cash that I can`t spend the extra money for good legal advice that may save me thousands of dollars? Am I confident that my situation is one that really doesn`t need the services of a lawyer to incorporate? Can the money saved on legal fees be better utilized in financing other aspects of my business?
Each person will have to make their own decision on whether or not to seek the services of a lawyer in forming a corporation.
"He who has himself as a lawyer has a fool for a client." I have often thought that perhaps a law firm originated this common expression.
4. How To Incorporate Yourself
Many books have been written by lawyers on how to incorporate yourself.
For example, in Canada, M. Stephen Georgas, LL.B., has written books on the subject of forming your own corporation. Published by International Self-Counsel Press Ltd., he has authored "Incorporation and Business Guide for Ontario" ("How to form your own corporation Includes tax advantages to incorporating") and "Federal Incorporation And Business Guide" ("How to form your own Federal corporation under The Canada Business Corporations Act").
The same publisher sells forms and minute books as well as titles for incorporating in other provinces of Canada.
Forms, corporate supplies, name searches, and kits are available from legal stationers and other sources.
In the United States, there are likewise many manuals available for incorporating yourself in various states. "How To Form Your Own Corporation Without a Lawyer for Under $75.00" by Ted Nicholas is one such book.
Sometimes helpful information on this subject is available from federal, provincial and state governments for free or nominal cost.
You can sometimes locate incorporation manuals at your local library for free. Be careful. Legal manuals become outdated very rapidly. You might consider very seriously purchasing the most up-to-date manual available; it might also include helpful reference material on maintaining corporate minutes and other helpful suggestions on operating your corporation.
Buy the appropriate manual and supplies and then follow the instructions. With a little effort, you could save hundreds of dollars incorporating yourself without a lawyer.
http://ezinearticles.com/?How-To-Incorporate-Yourself-Without-a-Lawyer&id=166
Friday, July 20, 2007
The Criminal Lawyer And The Law
We’ve all seen them, the TV crime programs in which a suspect is caught and brought first to jail, and later to trial. She or he is interrogated by the District Attorney and then counter-interrogated by his or her own criminal lawyer. Yet is this all there is to being a criminal lawyer? If you’re interested in the law, wish to go to law school, or simply require a criminal lawyer, this article may give you a few steps in the right direction.
First of all, while lawyers of all types are vilified greatly –we’ve all heard and told lawyer jokes like “What do you call a hundred lawyers on the bottom of the ocean?” (Answer: a good start). However, most people don’t realize that not only is the criminal lawyer’s job a difficult and important one, but these men and women that we’d like to see ‘on the bottom of the ocean’ are extremely educated and well- qualified professionals. In fact, every criminal lawyer –or solicitor in general, is a doctor; did you know that? All lawyers, to hold such a title, hold a PhD. In Jurisprudence.
After receiving their bachelor’s degree, they go on to at least 6 more years of schooling that will prepare them for the world of law. This includes learning public speaking, the art of dialog, usage and identification of sound logic and logical fallacies, as well as the history of the law and the many other aspects that go into becoming a barrister, as the British say.
The mind of the average criminal lawyer, especially, must be keenly penetrating, able to discern not only the textual “clues” of television detective-fame The criminal lawyer must also have an understanding of basic psychology to get at the truth of a criminal’s actions (especially if one goes to work for a district attorney’s office), as well as knowing how a judge and jury think.
In addition to all of these things, the bottom-line of such a lawyer is the ability to absorb and retain a multitude of facts. Thus, if law is your interest, you must begin to “learn to learn.” This is to say that you must have excellent concentration skills and be able to memorize large amounts of data and then utilize it effectively in debate, which is ultimately much of what court is –though with a procedural slant, of course.
If you are seeking a criminal lawyer, on the other hand, it is best to acquire one that has a great amount of experience; as with anything, the more experience, the better the chances of success. Many people may be able to afford only the court-appointed legal representative. If at all possible, avoid this option and hire a private solicitor. The fact is that court-appointed lawyers are overworked, underpaid, grow apathetic over time, and truly are rarely the best choice. Usually they work for the courts for one of two reasons: to truly help society, or because they couldn’t get a job at a decent law firm. The first option is rare to find and doesn’t guarantee competency; the second is ubiquitous, and not what you want if you desire to win your case. However, the choice is yours. Good luck.
http://www.add-articles.com/Article/The-Criminal-Lawyer-And-The-Law/16977
First of all, while lawyers of all types are vilified greatly –we’ve all heard and told lawyer jokes like “What do you call a hundred lawyers on the bottom of the ocean?” (Answer: a good start). However, most people don’t realize that not only is the criminal lawyer’s job a difficult and important one, but these men and women that we’d like to see ‘on the bottom of the ocean’ are extremely educated and well- qualified professionals. In fact, every criminal lawyer –or solicitor in general, is a doctor; did you know that? All lawyers, to hold such a title, hold a PhD. In Jurisprudence.
After receiving their bachelor’s degree, they go on to at least 6 more years of schooling that will prepare them for the world of law. This includes learning public speaking, the art of dialog, usage and identification of sound logic and logical fallacies, as well as the history of the law and the many other aspects that go into becoming a barrister, as the British say.
The mind of the average criminal lawyer, especially, must be keenly penetrating, able to discern not only the textual “clues” of television detective-fame The criminal lawyer must also have an understanding of basic psychology to get at the truth of a criminal’s actions (especially if one goes to work for a district attorney’s office), as well as knowing how a judge and jury think.
In addition to all of these things, the bottom-line of such a lawyer is the ability to absorb and retain a multitude of facts. Thus, if law is your interest, you must begin to “learn to learn.” This is to say that you must have excellent concentration skills and be able to memorize large amounts of data and then utilize it effectively in debate, which is ultimately much of what court is –though with a procedural slant, of course.
If you are seeking a criminal lawyer, on the other hand, it is best to acquire one that has a great amount of experience; as with anything, the more experience, the better the chances of success. Many people may be able to afford only the court-appointed legal representative. If at all possible, avoid this option and hire a private solicitor. The fact is that court-appointed lawyers are overworked, underpaid, grow apathetic over time, and truly are rarely the best choice. Usually they work for the courts for one of two reasons: to truly help society, or because they couldn’t get a job at a decent law firm. The first option is rare to find and doesn’t guarantee competency; the second is ubiquitous, and not what you want if you desire to win your case. However, the choice is yours. Good luck.
http://www.add-articles.com/Article/The-Criminal-Lawyer-And-The-Law/16977
Who Foots The Bill In A Criminal Injury Claim?
Injuries caused by perpetrated criminal activity are the most traumatic and complex injuries one can suffer from. These injuries tend to leave a permanent scar on the physique and psyche of the victim and his kin. In case head wounds are involved, the result may be permanent disability, physically or mentally.
It is very difficult to understand the state of mind of a victim of a criminal injury. Unless, one has gone through it, it is extremely difficult to assess the psychological stress, trauma and damage a victim suffers. Sympathizing with a victim will not heal the scars but will help him forget their depth over a period of time. Given these factors, the effort that has to go into a criminal injury claim should be the maximum. Each criminal injury case is unique in most ways and one has to deal with it in a unique manner.
Since a criminal injury’s effects on a victim’s psyche depend upon the victim’s mental make up, it is difficult to come to a decision on seeking a criminal injury claim. Raking it up in a court of law may even worsen the victim’s health further.
Most often, it has been observed that a victim favors to forget the incident and tend to put it behind instead if listing it as a criminal injury claim. This is because most victims feel that the situation may worsen. The criminal injury claims tend to be very raw and sensitive, due to the fact that the claims are to be made as soon as possible.
Having a caring and sensitive solicitor will be an advantage. It will also help if you know the solicitor on personal grounds or through your friends and family since it lends a factor of trust. The comfort level you share with your criminal injury solicitor will go a long way in turning around the whole negative aspect o the criminal injury into a positive and hopeful compensation.
Although the tendency to put the whole issue of a criminal injury on the back burner just to be comfortable with your mental state appears juicy, it is morally wrong to forget it and not file and pursue for a criminal injury claim. Being a victim is more wrong than victimizing since, you are opening the doors of encouragement to those who have hurt you the most and encouraging them to do more damage in the future.
Isolating the best and right criminal injury compensation solicitor and bringing those responsible to justice is the right and proper thing to do, as you are taking steps towards preventing them from criminally injuring others.
Turning from a victim to a victor, is just a question of winning the criminal compensation claim. Getting the criminal compensation claim you deserve can act as a turning point in your trying times, since it could heal a few psychological scars. The final outcome will of course depend upon your solicitor. Ask yourself the following questions:
• If someone you loved or cared for got hurt in a criminal activity, would you push hard to take the accused to court?
• If the victim was not agreeing and wants to put it behind, you know better since you cared and knew that their thought process is hindered or biased.
• Do you know that a compensation unpursued may be regrettable at a later date?
• Do you want to be just another victim, another on the long list, left to deal with the traumatic experience of criminal injury all by yourself?
The above questions and their answers will help you to think rationally in making you decision about pursuing a criminal compensation claim.
http://www.add-articles.com/Article/Who-Foots-The-Bill-In-A-Criminal-Injury-Claim-/14839
It is very difficult to understand the state of mind of a victim of a criminal injury. Unless, one has gone through it, it is extremely difficult to assess the psychological stress, trauma and damage a victim suffers. Sympathizing with a victim will not heal the scars but will help him forget their depth over a period of time. Given these factors, the effort that has to go into a criminal injury claim should be the maximum. Each criminal injury case is unique in most ways and one has to deal with it in a unique manner.
Since a criminal injury’s effects on a victim’s psyche depend upon the victim’s mental make up, it is difficult to come to a decision on seeking a criminal injury claim. Raking it up in a court of law may even worsen the victim’s health further.
Most often, it has been observed that a victim favors to forget the incident and tend to put it behind instead if listing it as a criminal injury claim. This is because most victims feel that the situation may worsen. The criminal injury claims tend to be very raw and sensitive, due to the fact that the claims are to be made as soon as possible.
Having a caring and sensitive solicitor will be an advantage. It will also help if you know the solicitor on personal grounds or through your friends and family since it lends a factor of trust. The comfort level you share with your criminal injury solicitor will go a long way in turning around the whole negative aspect o the criminal injury into a positive and hopeful compensation.
Although the tendency to put the whole issue of a criminal injury on the back burner just to be comfortable with your mental state appears juicy, it is morally wrong to forget it and not file and pursue for a criminal injury claim. Being a victim is more wrong than victimizing since, you are opening the doors of encouragement to those who have hurt you the most and encouraging them to do more damage in the future.
Isolating the best and right criminal injury compensation solicitor and bringing those responsible to justice is the right and proper thing to do, as you are taking steps towards preventing them from criminally injuring others.
Turning from a victim to a victor, is just a question of winning the criminal compensation claim. Getting the criminal compensation claim you deserve can act as a turning point in your trying times, since it could heal a few psychological scars. The final outcome will of course depend upon your solicitor. Ask yourself the following questions:
• If someone you loved or cared for got hurt in a criminal activity, would you push hard to take the accused to court?
• If the victim was not agreeing and wants to put it behind, you know better since you cared and knew that their thought process is hindered or biased.
• Do you know that a compensation unpursued may be regrettable at a later date?
• Do you want to be just another victim, another on the long list, left to deal with the traumatic experience of criminal injury all by yourself?
The above questions and their answers will help you to think rationally in making you decision about pursuing a criminal compensation claim.
http://www.add-articles.com/Article/Who-Foots-The-Bill-In-A-Criminal-Injury-Claim-/14839
Criminal Law is The Set of Acceptable Limits of Conduct in Society
Some people are unaware of the fact that there are different classifications of law. The law itself is broken down into different classifications and categories and each category covers an extensive array of laws and regulations. One such classification or category is criminal law. Criminal law itself is the set of acceptable limits of conduct in society. This is what people should and should not do. These are the rules and regulations that everyone in society is expected to follow. Criminal law itself does not demand that members of society perform any special acts; it outlines what they should not do. Each country has its own set of laws that people must follow. As well each country has its own set of punishments for those who break the law.
Criminal law itself consists of a variety of things. Criminal law consists primarily of the criminal laws themselves and the criminal procedures that must be followed. It also includes the legal rules defining criminal conduct and how it is punished.
Criminal law is also used to define what a crime is exactly. According to the criminal law, a crime is a wrong committed by a person against a state or federal government. Due to the fact that the crime is committed against all members of society and not just a particular individual or victim, the victim does not make the decision about whether or not to prosecute the criminal. A representative of the federal government or state makes this decision as laid out by the criminal law procedures for that state or country.
Under the classification of criminal law there are various types of crimes for which lawbreakers can be prosecuted. The first of these is felony. A felony an offense punishable by a term of imprisonment exceeding one year or by death. Another type of crime as described under the criminal law is a misdemeanor. A misdemeanor is a crime punishable by imprisonment in a county jail for up to one year or jail and fine. One of the more serious crimes that fall under the category of criminal law is assault. Assault is defined as an act that intentionally or recklessly causes another to apprehend immediate and unlawful personal violence.
http://www.add-articles.com/Article/Criminal-Law-is-The-Set-of-Acceptable-Limits-of-Conduct-in-Society/13009
Criminal law itself consists of a variety of things. Criminal law consists primarily of the criminal laws themselves and the criminal procedures that must be followed. It also includes the legal rules defining criminal conduct and how it is punished.
Criminal law is also used to define what a crime is exactly. According to the criminal law, a crime is a wrong committed by a person against a state or federal government. Due to the fact that the crime is committed against all members of society and not just a particular individual or victim, the victim does not make the decision about whether or not to prosecute the criminal. A representative of the federal government or state makes this decision as laid out by the criminal law procedures for that state or country.
Under the classification of criminal law there are various types of crimes for which lawbreakers can be prosecuted. The first of these is felony. A felony an offense punishable by a term of imprisonment exceeding one year or by death. Another type of crime as described under the criminal law is a misdemeanor. A misdemeanor is a crime punishable by imprisonment in a county jail for up to one year or jail and fine. One of the more serious crimes that fall under the category of criminal law is assault. Assault is defined as an act that intentionally or recklessly causes another to apprehend immediate and unlawful personal violence.
http://www.add-articles.com/Article/Criminal-Law-is-The-Set-of-Acceptable-Limits-of-Conduct-in-Society/13009
What Happens If The Police Don't Read Me My Miranda Rights?
I get a lot of questions about Miranda Rights, and several "what if" scenarios. People always send us questions to our Ask-A-Cop section concerning these, so I figured I'd give a little information on it. However, since I'm not in the business of helping people "get off," or "beat the system," I've decided to keep it somewhat general.
Miranda Rights or Miranda Warnings, the legal terms that came from the case in Miranda v. Arizona, instructs officers to allow a person to remain silent when they are accused of a crime. There are specifics as to when to give it, when not to, and when its not necessary.
It started when defense attorneys began challenging their clients statements that were made to police while in custody. In the past, police had no guidelines from the court as to how to obtain these statements, and as a result, some innocent people were making statements out of frustration, i.e. wanting to go home, hours of interrogation, etc. If the person admitted to a crime, it was a done deal. Their statements were used against them. Now however, courts have held that prosecutors cannot use statements resulting from custodial interrogation of defendants unless they (the police, prosecutor) can demonstrate the use of procedural safeguards "effective to secure the privilege against self-incrimination."
As a result, police officers now have to read you your rights when wanting to use your statements against you. However, on the other side of the coin, there are several loop holes where police don't have to read you your rights. In these areas, you are actually obligated to cooperate with police, or you could face more charges.
The Miranda Rights or Miranda Warnings are not word for word from state to state. However, their meanings are. Most would read as follows:
1. You have the right to remain silent, do you understand this?
2. Anything you do say may be used against you in a court of law. Do you understand this?
3. You have the right to consult an attorney before speaking to the police and to have an attorney present during that questioning. Do you understand this?
4. If you cannot afford an attorney, one will be appointed for you before any questioning. Do you understand this?
5. If you decide to answer questions now without an attorney present you will still have the right to stop the interview at any time. Do you understand this?
6. Knowing and understanding your rights as I have just explained them to you, are you willing to talk to me and answer my questions without an attorney present?
http://www.add-articles.com/Article/What-Happens-If-The-Police-Don-t-Read-Me-My-Miranda-Rights-/10898
Miranda Rights or Miranda Warnings, the legal terms that came from the case in Miranda v. Arizona, instructs officers to allow a person to remain silent when they are accused of a crime. There are specifics as to when to give it, when not to, and when its not necessary.
It started when defense attorneys began challenging their clients statements that were made to police while in custody. In the past, police had no guidelines from the court as to how to obtain these statements, and as a result, some innocent people were making statements out of frustration, i.e. wanting to go home, hours of interrogation, etc. If the person admitted to a crime, it was a done deal. Their statements were used against them. Now however, courts have held that prosecutors cannot use statements resulting from custodial interrogation of defendants unless they (the police, prosecutor) can demonstrate the use of procedural safeguards "effective to secure the privilege against self-incrimination."
As a result, police officers now have to read you your rights when wanting to use your statements against you. However, on the other side of the coin, there are several loop holes where police don't have to read you your rights. In these areas, you are actually obligated to cooperate with police, or you could face more charges.
The Miranda Rights or Miranda Warnings are not word for word from state to state. However, their meanings are. Most would read as follows:
1. You have the right to remain silent, do you understand this?
2. Anything you do say may be used against you in a court of law. Do you understand this?
3. You have the right to consult an attorney before speaking to the police and to have an attorney present during that questioning. Do you understand this?
4. If you cannot afford an attorney, one will be appointed for you before any questioning. Do you understand this?
5. If you decide to answer questions now without an attorney present you will still have the right to stop the interview at any time. Do you understand this?
6. Knowing and understanding your rights as I have just explained them to you, are you willing to talk to me and answer my questions without an attorney present?
http://www.add-articles.com/Article/What-Happens-If-The-Police-Don-t-Read-Me-My-Miranda-Rights-/10898
Considering Criminal Law?
If criminal law is your passion, there is little doubt that you will be well suited for the law arenas that it enforces. For those who are looking for a major, it is wise to study this area of the law. In criminal law, The People can punish the criminal based on what he or she has done against the state. There are often less indications of victims here, but more of rules being broken. Because in criminal law, the individual has broken the governing body’s law, he or she is required to face punishment from the government. There is no need to consent with the victim, should there be one.
Is criminal law the type of law you will pursue? If so, there is little doubt that you have many outstanding opportunities in the universities that you can attend to get your law degree. You will find that many of the schools will provide you with the most outstanding abilities to gain the knowledge that you need so long as you apply yourself. Criminal law is complex, detailed and very challenging. Yet, it can be passionate, profound and life changing as well. Criminal law is an amazing element in itself.
The first choice that you will need to make should you choose criminal law is which school you will attend. Because you will be studying at such a high level, you will want to choose carefully, considering what an excellent school would look like and do for your resume. If you do well at that school, it will even set you higher above the rest of students. Choose the school based on your ability to meet the school’s demands, your ability to afford it, as well as your ability to get into it as some are rather restrictive in who they admit. Criminal law school is an excellent choice. It is one that will serve you well for many years.
http://www.add-articles.com/Article/Considering-Criminal-Law-/399
Is criminal law the type of law you will pursue? If so, there is little doubt that you have many outstanding opportunities in the universities that you can attend to get your law degree. You will find that many of the schools will provide you with the most outstanding abilities to gain the knowledge that you need so long as you apply yourself. Criminal law is complex, detailed and very challenging. Yet, it can be passionate, profound and life changing as well. Criminal law is an amazing element in itself.
The first choice that you will need to make should you choose criminal law is which school you will attend. Because you will be studying at such a high level, you will want to choose carefully, considering what an excellent school would look like and do for your resume. If you do well at that school, it will even set you higher above the rest of students. Choose the school based on your ability to meet the school’s demands, your ability to afford it, as well as your ability to get into it as some are rather restrictive in who they admit. Criminal law school is an excellent choice. It is one that will serve you well for many years.
http://www.add-articles.com/Article/Considering-Criminal-Law-/399
Thursday, July 19, 2007
The Right Indiana Lawyer Can Mitigate the Effects of Multiple Traffic Tickets
Whether you live in South Bend, Crown Point, Indianapolis, Valparaiso, or another Indiana town or city, you may have racked up a few traffic tickets. You may not think that traffic tickets warrant engaging the services of a criminal defense lawyer, but if you're faced with the potential suspension of your driver's license, you might want to think again.
Although traffic tickets may not rank up there with weapon crimes, a federal felony, or even a misdemeanor, they can be very serious. When you receive a traffic ticket for traffic violations like failing to stop at a stop sign, exceeding the posted speed limit, or not turning on your turn signal when you're making a lane change, you accumulate points against your driver's license. A minor offense may bring with it a two-point penalty, but a more serious offense can do much more damage to your driving record and have serious consequences for your life and lifestyle.
For example, if you were ticketed for driving under the influence, for not pulling over for an emergency vehicle, or for racing, you would accumulate eight points against your driving record. In Indiana, if you accumulate eighteen points over twenty-four months, you may have your driver's license suspended. The suspension could range from 30 days to one year. Consider the impact that would have on your ability to go to work, to take care of your family, and to do all of the things that make life run smoothly.
What many people do not realize is that, if you have accumulated those eighteen points, a good lawyer can help prevent your driver's license from being suspended. He does this by working with the Bureau of Motor Vehicles to dismiss or excuse older traffic tickets for relatively minor infractions. If, for example, you have eighteen points but have a ticket for speeding that is twenty-two months old, an attorney can work to get that old two-point ticket dismissed. When he succeeds, you are left with only sixteen points and no cause for license suspension.
Likewise, if you are what Indiana law terms a "habitual offender" by having multiple moving violations and a serious offense like driving under the influence over the period of a decade, you may face a five- to ten-year suspension of your license. Driving while your license is suspended is considered a felony, and can result in a suspended license for life. Considering the impact this could have on your life and livelihood, obtaining the services of a good lawyer is well advised.
Traffic tickets may not seem like a big deal, but they can result in missed time at work, the loss of your driver's license, skyrocketing insurance rates, and heavy fines. If you're considered a repeat offender, you may even be subjected to a prison sentence. Serious traffic tickets should be taken seriously, and the right Indiana lawyer can help you navigate the penalties associated with traffic tickets so you can move on with your life.
http://www.add-articles.com/Article/The-Right-Indiana-Lawyer-Can-Mitigate-the-Effects-of-Multiple-Traffic-Tickets/108917
Although traffic tickets may not rank up there with weapon crimes, a federal felony, or even a misdemeanor, they can be very serious. When you receive a traffic ticket for traffic violations like failing to stop at a stop sign, exceeding the posted speed limit, or not turning on your turn signal when you're making a lane change, you accumulate points against your driver's license. A minor offense may bring with it a two-point penalty, but a more serious offense can do much more damage to your driving record and have serious consequences for your life and lifestyle.
For example, if you were ticketed for driving under the influence, for not pulling over for an emergency vehicle, or for racing, you would accumulate eight points against your driving record. In Indiana, if you accumulate eighteen points over twenty-four months, you may have your driver's license suspended. The suspension could range from 30 days to one year. Consider the impact that would have on your ability to go to work, to take care of your family, and to do all of the things that make life run smoothly.
What many people do not realize is that, if you have accumulated those eighteen points, a good lawyer can help prevent your driver's license from being suspended. He does this by working with the Bureau of Motor Vehicles to dismiss or excuse older traffic tickets for relatively minor infractions. If, for example, you have eighteen points but have a ticket for speeding that is twenty-two months old, an attorney can work to get that old two-point ticket dismissed. When he succeeds, you are left with only sixteen points and no cause for license suspension.
Likewise, if you are what Indiana law terms a "habitual offender" by having multiple moving violations and a serious offense like driving under the influence over the period of a decade, you may face a five- to ten-year suspension of your license. Driving while your license is suspended is considered a felony, and can result in a suspended license for life. Considering the impact this could have on your life and livelihood, obtaining the services of a good lawyer is well advised.
Traffic tickets may not seem like a big deal, but they can result in missed time at work, the loss of your driver's license, skyrocketing insurance rates, and heavy fines. If you're considered a repeat offender, you may even be subjected to a prison sentence. Serious traffic tickets should be taken seriously, and the right Indiana lawyer can help you navigate the penalties associated with traffic tickets so you can move on with your life.
http://www.add-articles.com/Article/The-Right-Indiana-Lawyer-Can-Mitigate-the-Effects-of-Multiple-Traffic-Tickets/108917
How an Indiana Criminal Defense Lawyer Can Help After Conviction
It's a devastating blow when you or a loved one has been convicted of a crime, whether a misdemeanor or a felony. If you live in Indiana - whether in South Bend, Crown Point, Indianapolis, Valparaiso, or another city or town - you should know that a good criminal defense lawyer can help you in terms of appeals, probation, and sentence modification.
Appeals
If you are convicted of a crime, an experienced attorney can review the charges and trial to determine if there is cause for appeal. For example, there may have been mistakes made in the charges brought against you, or there may have been improprieties during the trial itself. Perhaps there was an exclusion of exculpatory evidence or testimony, or maybe the trial court made a mistake in its decision to join defendants. Perhaps the evidence didn't support a severe charge and conviction, and you should have been tried on a reduced charge and received a lighter conviction.
Appeals can also be made and won based on issues surrounding sentencing. Perhaps a sentence was imposed that was an abuse of the trial court's discretion, or a prior conviction was inappropriately used to justify a harsher sentence.
A good criminal defense attorney is especially important if a conviction on a misdemeanor charge would mean the revocation of a professional license. A successful appeal could mean the difference between maintaining your livelihood and having to start your life over again in a new profession.
Probation Violations
You can experience severe consequences if you are arrested while on probation or if you have violated your probation after conviction and a suspended sentence. An experienced lawyer can present your case in the best possible light in order to avoid the harshest penalties. Given that local jurisdictions can have tremendous leeway in how probation violations are treated, it's important to engage a lawyer who has knowledge of the procedures in each Indiana county. This is particularly crucial if you have been charged with a new crime while on probation, as a conviction means that you would have to serve consecutive sentences for the suspended portion of your original sentence and the sentence for your new conviction.
Sentence Modification
If you've been convicted of a crime, an experienced criminal defense lawyer can often successfully file an appeal with the Indiana State Court of Appeals in order to obtain a sentence modification, verdict reversal, or an order for a new trial.
Even if you've unsuccessfully appealed your verdict, you can still try to obtain what's called post-conviction relief. Post-conviction relief typically involves arguing that you didn't receive effective legal counsel during your trial, that you were coerced into pleading guilty, that new evidence has been discovered, and so forth. When post-conviction relief is successful, your lawyer can work to undo conviction-related damage to your rights and records.
When you've been convicted of a crime, it's difficult to surmount the emotional turmoil and think clearly about the road ahead. That's why it's crucial that you find a criminal defense attorney who is experienced in all facets of the appellate process.
http://www.add-articles.com/Article/How-an-Indiana-Criminal-Defense-Lawyer-Can-Help-After-Conviction/110232
Appeals
If you are convicted of a crime, an experienced attorney can review the charges and trial to determine if there is cause for appeal. For example, there may have been mistakes made in the charges brought against you, or there may have been improprieties during the trial itself. Perhaps there was an exclusion of exculpatory evidence or testimony, or maybe the trial court made a mistake in its decision to join defendants. Perhaps the evidence didn't support a severe charge and conviction, and you should have been tried on a reduced charge and received a lighter conviction.
Appeals can also be made and won based on issues surrounding sentencing. Perhaps a sentence was imposed that was an abuse of the trial court's discretion, or a prior conviction was inappropriately used to justify a harsher sentence.
A good criminal defense attorney is especially important if a conviction on a misdemeanor charge would mean the revocation of a professional license. A successful appeal could mean the difference between maintaining your livelihood and having to start your life over again in a new profession.
Probation Violations
You can experience severe consequences if you are arrested while on probation or if you have violated your probation after conviction and a suspended sentence. An experienced lawyer can present your case in the best possible light in order to avoid the harshest penalties. Given that local jurisdictions can have tremendous leeway in how probation violations are treated, it's important to engage a lawyer who has knowledge of the procedures in each Indiana county. This is particularly crucial if you have been charged with a new crime while on probation, as a conviction means that you would have to serve consecutive sentences for the suspended portion of your original sentence and the sentence for your new conviction.
Sentence Modification
If you've been convicted of a crime, an experienced criminal defense lawyer can often successfully file an appeal with the Indiana State Court of Appeals in order to obtain a sentence modification, verdict reversal, or an order for a new trial.
Even if you've unsuccessfully appealed your verdict, you can still try to obtain what's called post-conviction relief. Post-conviction relief typically involves arguing that you didn't receive effective legal counsel during your trial, that you were coerced into pleading guilty, that new evidence has been discovered, and so forth. When post-conviction relief is successful, your lawyer can work to undo conviction-related damage to your rights and records.
When you've been convicted of a crime, it's difficult to surmount the emotional turmoil and think clearly about the road ahead. That's why it's crucial that you find a criminal defense attorney who is experienced in all facets of the appellate process.
http://www.add-articles.com/Article/How-an-Indiana-Criminal-Defense-Lawyer-Can-Help-After-Conviction/110232
How an Indiana Criminal Defense Lawyer Can Help After Conviction
It's a devastating blow when you or a loved one has been convicted of a crime, whether a misdemeanor or a felony. If you live in Indiana - whether in South Bend, Crown Point, Indianapolis, Valparaiso, or another city or town - you should know that a good criminal defense lawyer can help you in terms of appeals, probation, and sentence modification.
Appeals
If you are convicted of a crime, an experienced attorney can review the charges and trial to determine if there is cause for appeal. For example, there may have been mistakes made in the charges brought against you, or there may have been improprieties during the trial itself. Perhaps there was an exclusion of exculpatory evidence or testimony, or maybe the trial court made a mistake in its decision to join defendants. Perhaps the evidence didn't support a severe charge and conviction, and you should have been tried on a reduced charge and received a lighter conviction.
Appeals can also be made and won based on issues surrounding sentencing. Perhaps a sentence was imposed that was an abuse of the trial court's discretion, or a prior conviction was inappropriately used to justify a harsher sentence.
A good criminal defense attorney is especially important if a conviction on a misdemeanor charge would mean the revocation of a professional license. A successful appeal could mean the difference between maintaining your livelihood and having to start your life over again in a new profession.
Probation Violations
You can experience severe consequences if you are arrested while on probation or if you have violated your probation after conviction and a suspended sentence. An experienced lawyer can present your case in the best possible light in order to avoid the harshest penalties. Given that local jurisdictions can have tremendous leeway in how probation violations are treated, it's important to engage a lawyer who has knowledge of the procedures in each Indiana county. This is particularly crucial if you have been charged with a new crime while on probation, as a conviction means that you would have to serve consecutive sentences for the suspended portion of your original sentence and the sentence for your new conviction.
Sentence Modification
If you've been convicted of a crime, an experienced criminal defense lawyer can often successfully file an appeal with the Indiana State Court of Appeals in order to obtain a sentence modification, verdict reversal, or an order for a new trial.
Even if you've unsuccessfully appealed your verdict, you can still try to obtain what's called post-conviction relief. Post-conviction relief typically involves arguing that you didn't receive effective legal counsel during your trial, that you were coerced into pleading guilty, that new evidence has been discovered, and so forth. When post-conviction relief is successful, your lawyer can work to undo conviction-related damage to your rights and records.
When you've been convicted of a crime, it's difficult to surmount the emotional turmoil and think clearly about the road ahead. That's why it's crucial that you find a criminal defense attorney who is experienced in all facets of the appellate process.
http://www.add-articles.com/Article/How-an-Indiana-Criminal-Defense-Lawyer-Can-Help-After-Conviction/110232
Appeals
If you are convicted of a crime, an experienced attorney can review the charges and trial to determine if there is cause for appeal. For example, there may have been mistakes made in the charges brought against you, or there may have been improprieties during the trial itself. Perhaps there was an exclusion of exculpatory evidence or testimony, or maybe the trial court made a mistake in its decision to join defendants. Perhaps the evidence didn't support a severe charge and conviction, and you should have been tried on a reduced charge and received a lighter conviction.
Appeals can also be made and won based on issues surrounding sentencing. Perhaps a sentence was imposed that was an abuse of the trial court's discretion, or a prior conviction was inappropriately used to justify a harsher sentence.
A good criminal defense attorney is especially important if a conviction on a misdemeanor charge would mean the revocation of a professional license. A successful appeal could mean the difference between maintaining your livelihood and having to start your life over again in a new profession.
Probation Violations
You can experience severe consequences if you are arrested while on probation or if you have violated your probation after conviction and a suspended sentence. An experienced lawyer can present your case in the best possible light in order to avoid the harshest penalties. Given that local jurisdictions can have tremendous leeway in how probation violations are treated, it's important to engage a lawyer who has knowledge of the procedures in each Indiana county. This is particularly crucial if you have been charged with a new crime while on probation, as a conviction means that you would have to serve consecutive sentences for the suspended portion of your original sentence and the sentence for your new conviction.
Sentence Modification
If you've been convicted of a crime, an experienced criminal defense lawyer can often successfully file an appeal with the Indiana State Court of Appeals in order to obtain a sentence modification, verdict reversal, or an order for a new trial.
Even if you've unsuccessfully appealed your verdict, you can still try to obtain what's called post-conviction relief. Post-conviction relief typically involves arguing that you didn't receive effective legal counsel during your trial, that you were coerced into pleading guilty, that new evidence has been discovered, and so forth. When post-conviction relief is successful, your lawyer can work to undo conviction-related damage to your rights and records.
When you've been convicted of a crime, it's difficult to surmount the emotional turmoil and think clearly about the road ahead. That's why it's crucial that you find a criminal defense attorney who is experienced in all facets of the appellate process.
http://www.add-articles.com/Article/How-an-Indiana-Criminal-Defense-Lawyer-Can-Help-After-Conviction/110232
Wednesday, July 18, 2007
Can Informations lawfully be laid by fax in the magistrates' court
In the recent case of Rockall v DEFRA (22 March 2007) [2007] EWCA Div 614 the Divisional Court was asked to decide two fundamentally important issues as to when proceedings for regulatory offences are as a matter of law "instituted" in the magistrates' court. The resolution of these issues affect the way in which magistrates' courts accept the initiating process for all prosecutions and when time stops in relation to limitation.
Issue 1: fax service
The first issue was whether service of an information commencing regulatory proceedings by DEFRA pursuant to the Forestry Act 1967 could be lawfully "served" by way of fax. The Appellant contended that in the absence of detailed provision for service by way of fax in the Criminal Procedure Rules, such as those contained in the Civil Procedure Rules, service ought properly to be lawfully effected only when received "by a member of staff of the clerk to the justices" (citing Lord Roskill, in Regina v Manchester Stipendiary Magistrates' Court ex parte Hill [1983] 1 AC 328). The Respondent argued that an information was received at a magistrates' court when a fax arrived at a court fax machine. It was irrelevant if a person physically picked up that fax so long as it had arrived at the fax machine before the expiry of the limitation period. The same principles already applied to postal deliveries in that a letter left unopened in a court office was deemed received when it had arrived and not when a court official opened it.
Second 2: "Institute" proceedings
The second issue that the Appellant invited the Divisional Court to decide was the meaning of the word "institute" in the context of the proceedings commenced by DEFRA for the purposes of limitation. Section 17(1) of the Forestry Act 1967 provides that proceedings for an offence under this section may be instituted within six months from the first discovery of the offence by the person taking the proceedings, provided that no proceedings shall be instituted more than two years after the date of the offence. This provision is an exception to the general rule in section 127(1) of the Magistrates' Court Act 1980 that a magistrates court does not have jurisdiction to try an information unless it has been laid within six months from the time when the offence was committed, "except as otherwise expressly provided by any enactment". The Appellant relied upon Price -v- Humphries [1958] 3 WLR 304 where Devlin J said: "Proceedings in summary jurisdiction of this sort are instituted by the laying of an information and the issue of a summons, and, when the summons is issued, that is the institution of the proceedings." This would mean that not only would an information purporting to initiate proceedings by fax have to be received at the court office, but there would then have to be a summons issued in relation to it. The Respondent argued that this was wrong in law because the initiating act of laying an information and thereby stopping time from continuing to run must be a unilateral act by the prosecuting authority. Otherwise, no prosecuting authority could ever ensure that a summons was laid in time because the stopping of time was contingent on actions of persons other than the prosecutor.
The Divisional Court in Rockall v DEFRA considered that the decision in the Pontypridd case lead inexorably to the conclusion that, if it can properly be established, by inference or otherwise, that the information was transmitted to the magistrates' court's fax machine within time, that would be sufficient to constitute the laying of the information. The Divisional Court in Rockall v DEFRA considered that a prosecutor, at least in this context, commences his proceedings by laying the information.
Conclusions
It must be right that the ability to stop time from running on the limitation period must be within the sole province of the prosecuting authority. Otherwise some remarkably arbitrary results follow. For example, if there is a strike by members of the court staff, a situation could easily arise where a prosecutor had quite properly laid the information within time, but it actually opened after the limitation period. Further, it is an arbitrary distinction to have a fax lying on the fax machine as opposed to a fax that has been picked up off a fax machine and thrown on a desk.
Magistrates' courts across the country have been using for some time imaginative ways of jointly accessing electronic informations. The decision in Rockall v DEFRA is a welcome sign for the progression of these mechanisms.
http://www.articlebliss.com/Category/Legal/252
Issue 1: fax service
The first issue was whether service of an information commencing regulatory proceedings by DEFRA pursuant to the Forestry Act 1967 could be lawfully "served" by way of fax. The Appellant contended that in the absence of detailed provision for service by way of fax in the Criminal Procedure Rules, such as those contained in the Civil Procedure Rules, service ought properly to be lawfully effected only when received "by a member of staff of the clerk to the justices" (citing Lord Roskill, in Regina v Manchester Stipendiary Magistrates' Court ex parte Hill [1983] 1 AC 328). The Respondent argued that an information was received at a magistrates' court when a fax arrived at a court fax machine. It was irrelevant if a person physically picked up that fax so long as it had arrived at the fax machine before the expiry of the limitation period. The same principles already applied to postal deliveries in that a letter left unopened in a court office was deemed received when it had arrived and not when a court official opened it.
Second 2: "Institute" proceedings
The second issue that the Appellant invited the Divisional Court to decide was the meaning of the word "institute" in the context of the proceedings commenced by DEFRA for the purposes of limitation. Section 17(1) of the Forestry Act 1967 provides that proceedings for an offence under this section may be instituted within six months from the first discovery of the offence by the person taking the proceedings, provided that no proceedings shall be instituted more than two years after the date of the offence. This provision is an exception to the general rule in section 127(1) of the Magistrates' Court Act 1980 that a magistrates court does not have jurisdiction to try an information unless it has been laid within six months from the time when the offence was committed, "except as otherwise expressly provided by any enactment". The Appellant relied upon Price -v- Humphries [1958] 3 WLR 304 where Devlin J said: "Proceedings in summary jurisdiction of this sort are instituted by the laying of an information and the issue of a summons, and, when the summons is issued, that is the institution of the proceedings." This would mean that not only would an information purporting to initiate proceedings by fax have to be received at the court office, but there would then have to be a summons issued in relation to it. The Respondent argued that this was wrong in law because the initiating act of laying an information and thereby stopping time from continuing to run must be a unilateral act by the prosecuting authority. Otherwise, no prosecuting authority could ever ensure that a summons was laid in time because the stopping of time was contingent on actions of persons other than the prosecutor.
The Divisional Court in Rockall v DEFRA considered that the decision in the Pontypridd case lead inexorably to the conclusion that, if it can properly be established, by inference or otherwise, that the information was transmitted to the magistrates' court's fax machine within time, that would be sufficient to constitute the laying of the information. The Divisional Court in Rockall v DEFRA considered that a prosecutor, at least in this context, commences his proceedings by laying the information.
Conclusions
It must be right that the ability to stop time from running on the limitation period must be within the sole province of the prosecuting authority. Otherwise some remarkably arbitrary results follow. For example, if there is a strike by members of the court staff, a situation could easily arise where a prosecutor had quite properly laid the information within time, but it actually opened after the limitation period. Further, it is an arbitrary distinction to have a fax lying on the fax machine as opposed to a fax that has been picked up off a fax machine and thrown on a desk.
Magistrates' courts across the country have been using for some time imaginative ways of jointly accessing electronic informations. The decision in Rockall v DEFRA is a welcome sign for the progression of these mechanisms.
http://www.articlebliss.com/Category/Legal/252
You Don't Have To Be Ruined Financially or Emotionally In A Divorce
It is no secret that people engaging in a divorce experience financial and emotional trauma that is only made worse by divorce lawyers and the adversarial system. So I am usually preaching to the choir when I tell horror stories of some of the cases I saw in the 8 years I practiced adversarial law. I was a child of a litigated divorce. I taught emotionally disturbed children from dysfunctional families for many years, I was a divorce attorney for eight years, and now I only do divorce mediation. Having witnessed our legal system from all sides, I can safely say that the whole context of how family disputes are settled in court today is not in the best interest of families. This is a call to arms. I am not even going to pretend this is an unbiased "news" article.
We who fight on the front lines on a daily basis, working with the emotionally vulnerable who feel as though the rug has been pulled out from under them know that the last thing a family in trouble needs is the "assistance" of counsel who could be throwing gasoline on the fire in order to line their own pockets. Most of you probably don't know that family law attorneys are the ONLY kind of lawyers in California whose fees are statutorily protected by the equity in the family home. Divorcing couples may not be aware that they agreed to a lien on their homes and a possible forced sale at the end of the case when they sign their lawyer's fee agreements. People need to know that they will get more and lose less by cooperating with their ex-partner than by litigating the matter.
Most people know what assets they have. No matter how much they earn, many people live paycheck to paycheck and there are usually no issues of hidden Swiss bank accounts. While this is the norm, any couple with equity in their home who both engage lawyers will soon see why the average contested divorce in our state costs $20,000 in attorney fees PER SIDE! And that is just an average. Most often, the more equity your home has, the higher the fees. Read Charles Dickens' Bleak House and you will see little has changed in the past 150 years.
First, the lawyers will engage in expensive discovery procedures, serving interrogatories and subpoenas for production of documents. In order to keep the case going, with the lawyer making as much money as possible, they will schedule depositions and hire forensic accountants and other costly experts. When couples trust their attorneys, it's hard for them to see they are being manipulated. It does NOT have to be this way!
Society needs to demand that divorce court be replaced by the more family friendly solution of divorce mediation. My own practice demonstrates what a sham the adversarial alternative is. I have a 100% track record with over 150 couples. When a lawyer has a powerful intention to help people find their bottom line fairly, efficiently and economically, cases settle without the expense, drama and irreparable harm to children and their co-parenting relationship, harm that is most always the result of a bloody and adversarial battle. Lawyers who are paid by the hour have no incentive to wrap it up. There is an inherent conflict of interest between the attorney, who wants to earn more money, and the client, who wants to save more money. When you are working on a flat fee, there is motivation to help couples come to a reasonable resolution without dragging it out.
An experienced attorney will usually have a good idea of how a judge will rule on a case. This is a community property state, and everything that falls into that category is evenly divided, and separate property is also well defined by statute. It just isn't that complicated. Now there may be cases where a business requires a forensic accountant to value, but you don't need to have a battle of the experts to testify why the husband or wife should get more or less money.
We have all seen the critical mass theory at work in our own lifetimes. For those unfamiliar with this theory, the simple explanation is that when enough people (thought to be somewhere between 3% - 5%) move in a certain direction, the rest of the population follows. Think I Pods, cell phones, recycling, health food, ending the war in Viet Nam, etc. It takes some time for the tipping point to be achieved, but whether it is 5% or 20%, at some point, when enough people get behind something, the change manifests throughout society. We can create a transformation in the way legal services are delivered not only in the area of family law, but all across the board. Mediation is applicable to every area where people have disputes.
As with anything unfamiliar, it takes a certain amount of education to show people the possibilities before they are willing to get on the bandwagon. But if law schools taught would be lawyers to encourage cooperation when marriages break down, more and more couples will hear the message of peaceful divorce and not necessarily think that divorce = court fights. We need more divorce attorneys who take their responsibility to protect their client seriously. I have never understood how these "zealous advocates" can justify draining a client's college fund for their kids so that the attorney's child can go to private school while the client's child is lucky to have lunch money. When people are informed and demand better than what is currently available, more and more law students will study mediation and develop a skill set that supports working with people who are breaking up.
It is my mission to help transform the way people get divorced in this country. Our children are depending on adults to join this crusade. Encourage your friends and family to work together if they have to get divorced. You can split a pie two ways or if lawyers are involved, 4 ways. Which way will you get more? Do you really have to pull the child apart? Don't you think YOU are in a better position to say how your child should be raised instead of lawyers, judges and other "experts." You don't want to start World War III with the parent of your children!!! Your child needs to be your primary focus, not how much money you can get out of paying or not being there when dad comes to pick up the kids. That kind of high conflict drama is totally unnecessary. Not only do consumers need to demand a new kind of divorce, but more lawyers need to recognize the damage caused to families by the legal practice as it is set up now. I hope more attorneys will walk away, as I did, and say, "NO MORE!"
We need judges to recognize who the most egregious of these attorneys are and sanction them, instead of holding them up to young lawyers to emulate. We need an informed public to tell their legislatures that it is NOT OK to give the Family Bar the right to drain the family home of equity through litigation that only comes to an end when there is no more money to be made. Our legal system is broken and we need to do something about it. Generations of children have been caught in the middle of fighting parents who are often encouraged to fight by lawyers who stand to gain. The more we focus on and promote mediation as the rightful solution to family law issues, the more momentum we will build. Who is with me?
http://www.articlebliss.com/Article/You-Don-t-Have-To-Be-Ruined-Financially-or-Emotionally-In-A-Divorce/121772
We who fight on the front lines on a daily basis, working with the emotionally vulnerable who feel as though the rug has been pulled out from under them know that the last thing a family in trouble needs is the "assistance" of counsel who could be throwing gasoline on the fire in order to line their own pockets. Most of you probably don't know that family law attorneys are the ONLY kind of lawyers in California whose fees are statutorily protected by the equity in the family home. Divorcing couples may not be aware that they agreed to a lien on their homes and a possible forced sale at the end of the case when they sign their lawyer's fee agreements. People need to know that they will get more and lose less by cooperating with their ex-partner than by litigating the matter.
Most people know what assets they have. No matter how much they earn, many people live paycheck to paycheck and there are usually no issues of hidden Swiss bank accounts. While this is the norm, any couple with equity in their home who both engage lawyers will soon see why the average contested divorce in our state costs $20,000 in attorney fees PER SIDE! And that is just an average. Most often, the more equity your home has, the higher the fees. Read Charles Dickens' Bleak House and you will see little has changed in the past 150 years.
First, the lawyers will engage in expensive discovery procedures, serving interrogatories and subpoenas for production of documents. In order to keep the case going, with the lawyer making as much money as possible, they will schedule depositions and hire forensic accountants and other costly experts. When couples trust their attorneys, it's hard for them to see they are being manipulated. It does NOT have to be this way!
Society needs to demand that divorce court be replaced by the more family friendly solution of divorce mediation. My own practice demonstrates what a sham the adversarial alternative is. I have a 100% track record with over 150 couples. When a lawyer has a powerful intention to help people find their bottom line fairly, efficiently and economically, cases settle without the expense, drama and irreparable harm to children and their co-parenting relationship, harm that is most always the result of a bloody and adversarial battle. Lawyers who are paid by the hour have no incentive to wrap it up. There is an inherent conflict of interest between the attorney, who wants to earn more money, and the client, who wants to save more money. When you are working on a flat fee, there is motivation to help couples come to a reasonable resolution without dragging it out.
An experienced attorney will usually have a good idea of how a judge will rule on a case. This is a community property state, and everything that falls into that category is evenly divided, and separate property is also well defined by statute. It just isn't that complicated. Now there may be cases where a business requires a forensic accountant to value, but you don't need to have a battle of the experts to testify why the husband or wife should get more or less money.
We have all seen the critical mass theory at work in our own lifetimes. For those unfamiliar with this theory, the simple explanation is that when enough people (thought to be somewhere between 3% - 5%) move in a certain direction, the rest of the population follows. Think I Pods, cell phones, recycling, health food, ending the war in Viet Nam, etc. It takes some time for the tipping point to be achieved, but whether it is 5% or 20%, at some point, when enough people get behind something, the change manifests throughout society. We can create a transformation in the way legal services are delivered not only in the area of family law, but all across the board. Mediation is applicable to every area where people have disputes.
As with anything unfamiliar, it takes a certain amount of education to show people the possibilities before they are willing to get on the bandwagon. But if law schools taught would be lawyers to encourage cooperation when marriages break down, more and more couples will hear the message of peaceful divorce and not necessarily think that divorce = court fights. We need more divorce attorneys who take their responsibility to protect their client seriously. I have never understood how these "zealous advocates" can justify draining a client's college fund for their kids so that the attorney's child can go to private school while the client's child is lucky to have lunch money. When people are informed and demand better than what is currently available, more and more law students will study mediation and develop a skill set that supports working with people who are breaking up.
It is my mission to help transform the way people get divorced in this country. Our children are depending on adults to join this crusade. Encourage your friends and family to work together if they have to get divorced. You can split a pie two ways or if lawyers are involved, 4 ways. Which way will you get more? Do you really have to pull the child apart? Don't you think YOU are in a better position to say how your child should be raised instead of lawyers, judges and other "experts." You don't want to start World War III with the parent of your children!!! Your child needs to be your primary focus, not how much money you can get out of paying or not being there when dad comes to pick up the kids. That kind of high conflict drama is totally unnecessary. Not only do consumers need to demand a new kind of divorce, but more lawyers need to recognize the damage caused to families by the legal practice as it is set up now. I hope more attorneys will walk away, as I did, and say, "NO MORE!"
We need judges to recognize who the most egregious of these attorneys are and sanction them, instead of holding them up to young lawyers to emulate. We need an informed public to tell their legislatures that it is NOT OK to give the Family Bar the right to drain the family home of equity through litigation that only comes to an end when there is no more money to be made. Our legal system is broken and we need to do something about it. Generations of children have been caught in the middle of fighting parents who are often encouraged to fight by lawyers who stand to gain. The more we focus on and promote mediation as the rightful solution to family law issues, the more momentum we will build. Who is with me?
http://www.articlebliss.com/Article/You-Don-t-Have-To-Be-Ruined-Financially-or-Emotionally-In-A-Divorce/121772
Pittsburgh Patent Lawyer
If you are located in the Pittsburgh area and have an idea for an invention, what do you do next? The most important step is selecting a competent, Pittsburgh patent attorney who can determine if it is patentable; obtain suitable patent protection for the invention; and, through direct entry or licensing, help you get the invention into business.
By using a local, Pittsburgh patent attorney, you’ll be able to keep in touch easily with the steps of obtaining a patent.
The first stage in selecting a patent attorney is obtaining information about attorneys who will provide useful legal representation. By searching the internet you can get a list of Pittsburgh based patent lawyers, or if you have friends who have worked with patent attorneys, this can be a good starting point. Local bar associations can frequently provide information, as can legal directories. The U.S. Patent and Trademark Office have a journal that lists patent attorneys and patent agents admitted to practice before the office. Yellow-page telephone directories also have listings of patent attorneys.
After obtaining the names of patent lawyers that you may find, the center of attention shifts to what information is needed to make a decision on whether a particular firm or individual can provide the preferred service. A critical factor in this phase is the rapport and how at ease the inventor feels to ask questions.
It is important to know the educational background, as well as legal education and patent experience, of the attorney, both in terms of years and the nature of experience. The attorney preparing and prosecuting a patent application must be admitted to practice before the U.S. Patent and Trademark Office.
It is important to ask about the legal fees; it is appropriate to determine what attorney's fees and disbursements are involved in proceeding with the work. Are there others in the law firm who are capable of doing portions of the job, with or without supervision, at a lesser rate, thus saving the prospective client money?
Since you’ll be working with the patent lawyer for approximately 6 to 18+ months after filing for your patent, the comfort level between you and your attorney or attorneys is very important. Evaluating patentability, obtaining a patent, and licensing the same involves a team project. The degree to which the inventor is able to help and wishes to participate actively is another variable that should be explored in terms of the manner in which the attorney prefers to work. It is appropriate to ask for client references and, to the degree to which client confidentiality is not involved, the opportunity to see examples of the individual's work.
As with everything else, no single set of questions will be fully sufficient for every situation. Questions related to items of particular interest to the potential client and items that provide unique circumstances for the case should be considered. In any event, it is critical that the potential client do a thorough job of asking all questions of interest and reach a comfort level with a particular attorney before entering into an attorney-client relationship.
If you are looking for a Pittsburgh Patent Lawyer, The Law Office of David P. Gaudio, P.C. formed The Inventors Network, Inc. with one purpose in mind: TO ASSIST INVENTORS! We are able to accomplish this in various ways, one of which is through education of the patent process.
http://www.articlebliss.com/Article/Pittsburgh-Patent-Lawyer/123884
By using a local, Pittsburgh patent attorney, you’ll be able to keep in touch easily with the steps of obtaining a patent.
The first stage in selecting a patent attorney is obtaining information about attorneys who will provide useful legal representation. By searching the internet you can get a list of Pittsburgh based patent lawyers, or if you have friends who have worked with patent attorneys, this can be a good starting point. Local bar associations can frequently provide information, as can legal directories. The U.S. Patent and Trademark Office have a journal that lists patent attorneys and patent agents admitted to practice before the office. Yellow-page telephone directories also have listings of patent attorneys.
After obtaining the names of patent lawyers that you may find, the center of attention shifts to what information is needed to make a decision on whether a particular firm or individual can provide the preferred service. A critical factor in this phase is the rapport and how at ease the inventor feels to ask questions.
It is important to know the educational background, as well as legal education and patent experience, of the attorney, both in terms of years and the nature of experience. The attorney preparing and prosecuting a patent application must be admitted to practice before the U.S. Patent and Trademark Office.
It is important to ask about the legal fees; it is appropriate to determine what attorney's fees and disbursements are involved in proceeding with the work. Are there others in the law firm who are capable of doing portions of the job, with or without supervision, at a lesser rate, thus saving the prospective client money?
Since you’ll be working with the patent lawyer for approximately 6 to 18+ months after filing for your patent, the comfort level between you and your attorney or attorneys is very important. Evaluating patentability, obtaining a patent, and licensing the same involves a team project. The degree to which the inventor is able to help and wishes to participate actively is another variable that should be explored in terms of the manner in which the attorney prefers to work. It is appropriate to ask for client references and, to the degree to which client confidentiality is not involved, the opportunity to see examples of the individual's work.
As with everything else, no single set of questions will be fully sufficient for every situation. Questions related to items of particular interest to the potential client and items that provide unique circumstances for the case should be considered. In any event, it is critical that the potential client do a thorough job of asking all questions of interest and reach a comfort level with a particular attorney before entering into an attorney-client relationship.
If you are looking for a Pittsburgh Patent Lawyer, The Law Office of David P. Gaudio, P.C. formed The Inventors Network, Inc. with one purpose in mind: TO ASSIST INVENTORS! We are able to accomplish this in various ways, one of which is through education of the patent process.
http://www.articlebliss.com/Article/Pittsburgh-Patent-Lawyer/123884
Tuesday, July 17, 2007
Preparing Your Motorcycle Accidents Claim
Claiming for compensation when you have been involved in a motorcycle accident has never been easier. There are a vast number of companies who are available to help, many of whom offer no win, no fee agreements. This means that whatever the outcome of the accident claim, you will not be liable to pay for the costs of your lawyer. Instead, they recoup that from the other party. If you have been involved in a motorcycle accident on the road which was not your fault, then you are legally entitled to claim compensation for your injury, and any damage to your bike.
To prepare a motorcycle accident claim, firstly it is imperative to seek medical attention immediately after the incident. The reasons for this are threefold; firstly, and most obviously, your injuries most likely need treatment, and even if this is not the case it is advisable to be checked over anyway. Secondly, any delay in seeking medical attention may raise questions and doubts surrounding your accident claim. Finally, medical reports can be key material when the amount of compensation being dished out is decided, and so any documentation should be copied and kept safely.
At the scene of the accident itself, if possible, all the details of any other parties involved in the collision should be collected, as well as phone numbers of any people who witnessed the event. This will help to give a true reflection of what happened, again so that the compensation payout is maximised. Similarly, pictures should be taken where possible, as this will help to strengthen the case. If there are any gaps in the story, or anything which doesn’t quite seem to add up this will be jumped upon by the defence and you may end up with nothing.
Compensation claims involving motorcyclists are steadily on the increase, and more and more people being to realise that they are entitled to compensation for their injuries. Despite public opinion that motorcyclists are a nuisance, and drive too fast and recklessly, it is often other road users who are at fault for accidents. However experienced a biker, however many miles that have been clocked up since they began using their bikes and however skilled a biker thinks they are, there is nothing that can be done about the negligence of other motorists. Car drivers are sometimes caught unaware by passing motorcyclists, which can lead to devastating collisions and accidents. On top of this, there is the problem of the road surfaces themselves, which are a lot harder to contend with when on a motorcycle than in a car.
All in all, accidents involving motorcycles often end up with the rider being thrown large distances from the bike, and sometimes being crushed underneath them and dragged many feet. The end result is often hugely traumatic, and can cause serious injury as well as psychological impairments. Therefore, when another driver is at fault for the collision, it is highly likely that you will have a strong case to claim compensation, and it is worthwhile getting in contact with one of the many personal injury claims companies around.
http://www.articlesexpress.com/Article/Preparing-Your-Motorcycle-Accidents-Claim/65363
To prepare a motorcycle accident claim, firstly it is imperative to seek medical attention immediately after the incident. The reasons for this are threefold; firstly, and most obviously, your injuries most likely need treatment, and even if this is not the case it is advisable to be checked over anyway. Secondly, any delay in seeking medical attention may raise questions and doubts surrounding your accident claim. Finally, medical reports can be key material when the amount of compensation being dished out is decided, and so any documentation should be copied and kept safely.
At the scene of the accident itself, if possible, all the details of any other parties involved in the collision should be collected, as well as phone numbers of any people who witnessed the event. This will help to give a true reflection of what happened, again so that the compensation payout is maximised. Similarly, pictures should be taken where possible, as this will help to strengthen the case. If there are any gaps in the story, or anything which doesn’t quite seem to add up this will be jumped upon by the defence and you may end up with nothing.
Compensation claims involving motorcyclists are steadily on the increase, and more and more people being to realise that they are entitled to compensation for their injuries. Despite public opinion that motorcyclists are a nuisance, and drive too fast and recklessly, it is often other road users who are at fault for accidents. However experienced a biker, however many miles that have been clocked up since they began using their bikes and however skilled a biker thinks they are, there is nothing that can be done about the negligence of other motorists. Car drivers are sometimes caught unaware by passing motorcyclists, which can lead to devastating collisions and accidents. On top of this, there is the problem of the road surfaces themselves, which are a lot harder to contend with when on a motorcycle than in a car.
All in all, accidents involving motorcycles often end up with the rider being thrown large distances from the bike, and sometimes being crushed underneath them and dragged many feet. The end result is often hugely traumatic, and can cause serious injury as well as psychological impairments. Therefore, when another driver is at fault for the collision, it is highly likely that you will have a strong case to claim compensation, and it is worthwhile getting in contact with one of the many personal injury claims companies around.
http://www.articlesexpress.com/Article/Preparing-Your-Motorcycle-Accidents-Claim/65363
Accident Lawyers Play A Pivotal Roll In Our Legal System
We have all seen the commercials on television. The attorney appears on the screen and asks if you have been injured in a car accident, or a slip-and-fall accident, or in countless other scenarios where your injury could be worthy of financial compensation. To many, this tactic appears uncouth, and its widespread use is one of the reasons that accident lawyers often suffer from an unsavory reputation. However, if you are among the unfortunate individuals who have been injured due to the negligence of another party, accident lawyers can be your only ally when seeking compensation for your damages or injuries.
Accident lawyers – also known as personal injury attorneys, plaintiff lawyers, and trial lawyers – provide legal representation to parties who have been – or claim to have been – physically or psychologically injured due to the negligence or wrongdoing of another party. Accident lawyers specialize in tort law, which is a form of civil law that deals with relationships between individuals and/or organizations. In contrast, criminal law involves individuals and/or organizations and the State. When one party has injured another party, accident lawyers are there to help the injured party receive appropriate compensation for their ordeal.
When accident lawyers are hired to represent their clients they assume several responsibilities on their behalf. While adhering to a strict code of ethics, accident lawyers must carefully examine the potential case and weigh its merits before filing a lawsuit. If the case has merit, then the accident lawyers will file complaints, make arguments in court, draft legal paperwork, and research their client’s case so that they can best represent their interests.
Accident lawyers are compensated in several different ways, although a contingency fee is the most common. A contingency fee is an agreement where the client has no financial obligation to the attorney until the case is successfully resolved. Upon settlement, the attorney will then keep a portion of the money as compensation. Other less common forms of compensation for accident lawyers are flat fees – a set amount regardless of the outcome, retainers – money paid before representation takes place, and hourly rates – where the client is billed for each hour that is dedicated to their case.
In today’s society, accident lawyers are an oft maligned group. They are blamed for frivolous lawsuits and escalating health care costs, among other things. While those charges have merit in some instances, one should not conclude that accident lawyers are not an important component of our legal system. Accident lawyers are the individual’s last line of defense from further damage as a result of an accident or negligence. Sadly, we need accident lawyers after we have already been wronged, but with their competent representation we can not only receive just compensation, but the damages collected from negligent parties act as a deterrent from continuing to act in an irresponsible way in the future. In short; accident lawyers help prevent accidents as well.
http://www.articlesexpress.com/Article/Accident-Lawyers-Play-A-Pivotal-Roll-In-Our-Legal-System/65402
Accident lawyers – also known as personal injury attorneys, plaintiff lawyers, and trial lawyers – provide legal representation to parties who have been – or claim to have been – physically or psychologically injured due to the negligence or wrongdoing of another party. Accident lawyers specialize in tort law, which is a form of civil law that deals with relationships between individuals and/or organizations. In contrast, criminal law involves individuals and/or organizations and the State. When one party has injured another party, accident lawyers are there to help the injured party receive appropriate compensation for their ordeal.
When accident lawyers are hired to represent their clients they assume several responsibilities on their behalf. While adhering to a strict code of ethics, accident lawyers must carefully examine the potential case and weigh its merits before filing a lawsuit. If the case has merit, then the accident lawyers will file complaints, make arguments in court, draft legal paperwork, and research their client’s case so that they can best represent their interests.
Accident lawyers are compensated in several different ways, although a contingency fee is the most common. A contingency fee is an agreement where the client has no financial obligation to the attorney until the case is successfully resolved. Upon settlement, the attorney will then keep a portion of the money as compensation. Other less common forms of compensation for accident lawyers are flat fees – a set amount regardless of the outcome, retainers – money paid before representation takes place, and hourly rates – where the client is billed for each hour that is dedicated to their case.
In today’s society, accident lawyers are an oft maligned group. They are blamed for frivolous lawsuits and escalating health care costs, among other things. While those charges have merit in some instances, one should not conclude that accident lawyers are not an important component of our legal system. Accident lawyers are the individual’s last line of defense from further damage as a result of an accident or negligence. Sadly, we need accident lawyers after we have already been wronged, but with their competent representation we can not only receive just compensation, but the damages collected from negligent parties act as a deterrent from continuing to act in an irresponsible way in the future. In short; accident lawyers help prevent accidents as well.
http://www.articlesexpress.com/Article/Accident-Lawyers-Play-A-Pivotal-Roll-In-Our-Legal-System/65402
Legal Issues And The Florida Accident Lawyers
Despite the huge safety improvement in the automobile and its accessories, road condition and design, the car accidents are being remained inauspiciously common in US. As this is very common in US a quite large number of people die and get injuries thought out the certain period of time. In the year 2002 along nearly 43000 people have been killed in the car accidents the country.
As the other states of the country has their own rules and regulation to govern the state properly and protecting the rights of citizen, Florida has implemented those for its people. The Florida accident lawyers do take care of the simple and critical accident cases. They uphold their best ability to take care of the prosecution related to the accidents. The rules are there to ensure the justice for the people in Florida. They do take part in the legal affairs and secure the appropriate judgment towards the law.
Then there is the Florida Attorney general. The main duty of this designation is to take part in the legal affairs of the state. If there is any dispute on litigation or any legal amendment is required, this persons bears out the responsibility by digging into this and sets things right. The Attorney may advocate the public in some of the legal issues.
Personal injury law involves civil claims in which an individual is injured through the negligence, recklessness or intentional misconduct of another person, a company, or property owner. A personal injury lawsuit may arise from physical or emotional injuries. Personal injury law compensates individuals injured as a result of another's negligence or intentional misconduct. Personal Injuries allegation and the litigation vary from on state to another. If an individual has been victimized with the personal injury by the other’s fault or not be at fault there should be the urgency to get in touch with Injury lawyers in Florida to achieve the right amount of compensation from the person who has committed the mistake. Accident that happens due to recklessness of others may be led to Personal Injury cases depending upon the circumstances.
Being victimized by the car accidents there are some certain things that the injured or the affected people should do as per the Florida Car Accident Attorney. First of all policemen are to be informed by making a call. If there is any possibility try to reach for the snapshot and take down the number of the vehicle that has committed the mistake and make sure there people have the eye-witness to squeeze the case and compensation for the accident. Insurance company will be pleased and the legal will be beneficial to file up the prefect legal representation for the maximum level of compensation with medical bill and the lost wages including the idle time sitting back in the home with the injuries.
http://www.articlesexpress.com/Article/Legal-Issues-And-The-Florida-Accident-Lawyers/65474
As the other states of the country has their own rules and regulation to govern the state properly and protecting the rights of citizen, Florida has implemented those for its people. The Florida accident lawyers do take care of the simple and critical accident cases. They uphold their best ability to take care of the prosecution related to the accidents. The rules are there to ensure the justice for the people in Florida. They do take part in the legal affairs and secure the appropriate judgment towards the law.
Then there is the Florida Attorney general. The main duty of this designation is to take part in the legal affairs of the state. If there is any dispute on litigation or any legal amendment is required, this persons bears out the responsibility by digging into this and sets things right. The Attorney may advocate the public in some of the legal issues.
Personal injury law involves civil claims in which an individual is injured through the negligence, recklessness or intentional misconduct of another person, a company, or property owner. A personal injury lawsuit may arise from physical or emotional injuries. Personal injury law compensates individuals injured as a result of another's negligence or intentional misconduct. Personal Injuries allegation and the litigation vary from on state to another. If an individual has been victimized with the personal injury by the other’s fault or not be at fault there should be the urgency to get in touch with Injury lawyers in Florida to achieve the right amount of compensation from the person who has committed the mistake. Accident that happens due to recklessness of others may be led to Personal Injury cases depending upon the circumstances.
Being victimized by the car accidents there are some certain things that the injured or the affected people should do as per the Florida Car Accident Attorney. First of all policemen are to be informed by making a call. If there is any possibility try to reach for the snapshot and take down the number of the vehicle that has committed the mistake and make sure there people have the eye-witness to squeeze the case and compensation for the accident. Insurance company will be pleased and the legal will be beneficial to file up the prefect legal representation for the maximum level of compensation with medical bill and the lost wages including the idle time sitting back in the home with the injuries.
http://www.articlesexpress.com/Article/Legal-Issues-And-The-Florida-Accident-Lawyers/65474
Gadolinium Mri
Gadolinium MRI and risk factors for the debilitating disease nephrogenic systemic fibrosis (NSF) are currently being investigated by the Food and Drug Administration (FDA). An MRI with gadolinium is a type of MRI that uses a contrast agent with special magnetic properties to help increase the visibility of organs and tissues. Since its approval in 1988, MRI with gadolinium has been administered to millions of patients.
Magnetic resonance imaging (MRI) is a diagnostic study that has been used since the 1980's. An MRI uses strong magnets and radio waves to create computer generated three-dimensional images of the body. When an MRI study is performed, radio waves are pulsed through the patient's body causing movement in hydrogen atoms in the body's cells. Different parts of the body react to the radio waves with predictable patterns. These patterns are displayed as three-dimensional pictures on a computer screen.
A gadolinium MRI is a special type of study where the patient is injected with gadolinium. For MRI studies using gadolinium the procedure usually involves two MRIs. The first MRI is administered to get a baseline study. The second study involves injecting the patient with gadolinium and then taking a second MRI. Gadolinium is a naturally occurring metallic element that has special magnetic properties. Gadolinium gives the treating physician and radiologist a more detailed picture of the patient's internal organs, tissues, bones and vessels. MRI with gadolinium is used because it provides additional diagnostic information compared to an MRI without contrast. The Gadolinium for MRI agent is also referred to as gadolinium-based contrast agents (GBCA). Five GBCAs are approved for magnetic resonance imaging in the United States: Magnevist, MultiHance, Omniscan, OptiMARK, and ProHance.
Evidence has been increasing regarding the risk of nephrogenic systemic fibrosis (NSF) in patients with severe kidney problems who receive gadolinium during an MRI procedure. Nephrogenic systemic fibrosis appears to occur in patients with kidney failure. Patients with kidney disease or on kidney dialysis are at increased risk because gadolinium is primarily eliminated by the body through the kidneys.
Recent studies have shown an association between NSF and patients with kidney disease that have a gadolinium MRI. Unfortunately, there has been little research or clinical trials that have studied patients with kidney problems and gadolinium contrast agents. NSF causes fibrosis of the skin and connective tissues throughout the body. The patient's skin thickens leading to a loss of mobility and in some cases causing death. There is no known treatment or cure for NSF. NSF has only been reported in patients with severe renal dysfunction (kidney disease).
The Food and Drug Administration (FDA) has requested that the different manufacturers of gadolinium MRI contrast agent (GBCA) revise their product labels to include a new warning that describes the increased risk of developing nephrogenic systemic fibrosis (NSF). The FDA is continuing to review gadolinium for MRI as more studies and reviews become available regarding the link between gadolinium and NSF.
http://www.articlesexpress.com/Article/Gadolinium-Mri/66261
Magnetic resonance imaging (MRI) is a diagnostic study that has been used since the 1980's. An MRI uses strong magnets and radio waves to create computer generated three-dimensional images of the body. When an MRI study is performed, radio waves are pulsed through the patient's body causing movement in hydrogen atoms in the body's cells. Different parts of the body react to the radio waves with predictable patterns. These patterns are displayed as three-dimensional pictures on a computer screen.
A gadolinium MRI is a special type of study where the patient is injected with gadolinium. For MRI studies using gadolinium the procedure usually involves two MRIs. The first MRI is administered to get a baseline study. The second study involves injecting the patient with gadolinium and then taking a second MRI. Gadolinium is a naturally occurring metallic element that has special magnetic properties. Gadolinium gives the treating physician and radiologist a more detailed picture of the patient's internal organs, tissues, bones and vessels. MRI with gadolinium is used because it provides additional diagnostic information compared to an MRI without contrast. The Gadolinium for MRI agent is also referred to as gadolinium-based contrast agents (GBCA). Five GBCAs are approved for magnetic resonance imaging in the United States: Magnevist, MultiHance, Omniscan, OptiMARK, and ProHance.
Evidence has been increasing regarding the risk of nephrogenic systemic fibrosis (NSF) in patients with severe kidney problems who receive gadolinium during an MRI procedure. Nephrogenic systemic fibrosis appears to occur in patients with kidney failure. Patients with kidney disease or on kidney dialysis are at increased risk because gadolinium is primarily eliminated by the body through the kidneys.
Recent studies have shown an association between NSF and patients with kidney disease that have a gadolinium MRI. Unfortunately, there has been little research or clinical trials that have studied patients with kidney problems and gadolinium contrast agents. NSF causes fibrosis of the skin and connective tissues throughout the body. The patient's skin thickens leading to a loss of mobility and in some cases causing death. There is no known treatment or cure for NSF. NSF has only been reported in patients with severe renal dysfunction (kidney disease).
The Food and Drug Administration (FDA) has requested that the different manufacturers of gadolinium MRI contrast agent (GBCA) revise their product labels to include a new warning that describes the increased risk of developing nephrogenic systemic fibrosis (NSF). The FDA is continuing to review gadolinium for MRI as more studies and reviews become available regarding the link between gadolinium and NSF.
http://www.articlesexpress.com/Article/Gadolinium-Mri/66261
The Services of a Property (Real Estate) Law Firm
Nowadays, it has been evident that there are numerous conflicts between most of the employers and their employees in various areas of the country. Since these disputes have really threatened both parties, it has been perceived that the number of labor related lawsuits are truly increasing. As a result, personnel or employees, who have experienced of such discrimination and the likes, may find a great need to seek for legal advice, service and assistance rendered by the most credible and dependable judicial counsels.
However, finding a competent, dedicated and committed labor lawyer is not easy. It requires sufficient effort and time to be able to have the most credible and competitive legal defenders. One must attempt to peruse and know their credentials, qualifications, experiences and expertise. In addition, he must be completely aware on how they could attain the best labor lawyer in town, who offers the much more favorable outcome – a speedy resolution in such labor law proceedings.
Primarily, such labor law infringement victim should start with the verification and assessment of the credentials, reputation, background and work experiences of the lawyer, which he has to acquire. Second, he must have a thorough and comprehensive evaluation regarding this particular legal representative’s methods and techniques in handling labor laws. Indeed, it will be an advantage if he is a part of a law firm with good reputation and credibility. More so, one should prioritize his educational achievements, professional affiliations as well as his recognitions and practices.
Consequently, it is also essential and beneficial to deal and communicate with his previous clients. This will further validate his performance and intensify his reliability in rendering legal services. More so, aside from his academic records skills and performance, his dedication and sympathy to you as his client should be taken into consideration. Definitely, he must have the character and a positive attitude on your situation.
Needless to say, it is imperative that as a victim seeking for justice, you should be responsive and vigilant enough on how you could get the highly-reputable and well-respected labor lawyer. You may search for websites that present and exhibit a wide range of professionals through the power of technology – the Internet. It could certainly give you the efficient and the most recent data or information on such need for legal counsels. Keeping in touch with those individuals who had been in the same situation would also be a great help and advantage.
Now that you are already geared with the understanding on how to find a worthy labor lawyer, better act immediately and fight for your rights.
http://www.articleteller.com/Article/Getting-the-Most-Reliable-Labor-Lawyer-is-not-as-easy-as-ABC/69119
However, finding a competent, dedicated and committed labor lawyer is not easy. It requires sufficient effort and time to be able to have the most credible and competitive legal defenders. One must attempt to peruse and know their credentials, qualifications, experiences and expertise. In addition, he must be completely aware on how they could attain the best labor lawyer in town, who offers the much more favorable outcome – a speedy resolution in such labor law proceedings.
Primarily, such labor law infringement victim should start with the verification and assessment of the credentials, reputation, background and work experiences of the lawyer, which he has to acquire. Second, he must have a thorough and comprehensive evaluation regarding this particular legal representative’s methods and techniques in handling labor laws. Indeed, it will be an advantage if he is a part of a law firm with good reputation and credibility. More so, one should prioritize his educational achievements, professional affiliations as well as his recognitions and practices.
Consequently, it is also essential and beneficial to deal and communicate with his previous clients. This will further validate his performance and intensify his reliability in rendering legal services. More so, aside from his academic records skills and performance, his dedication and sympathy to you as his client should be taken into consideration. Definitely, he must have the character and a positive attitude on your situation.
Needless to say, it is imperative that as a victim seeking for justice, you should be responsive and vigilant enough on how you could get the highly-reputable and well-respected labor lawyer. You may search for websites that present and exhibit a wide range of professionals through the power of technology – the Internet. It could certainly give you the efficient and the most recent data or information on such need for legal counsels. Keeping in touch with those individuals who had been in the same situation would also be a great help and advantage.
Now that you are already geared with the understanding on how to find a worthy labor lawyer, better act immediately and fight for your rights.
http://www.articleteller.com/Article/Getting-the-Most-Reliable-Labor-Lawyer-is-not-as-easy-as-ABC/69119
Invention Patent Lawyer
An invention patent lawyer can help the innovative creator both understand and work through patenting processes that are necessary to protect ideas and to acquire proper licensing. And, not just any invention patent lawyer will do! Selecting the right legal representation is critical because the patent created will only be as good as the lawyer who created it. There are seminars, associations, and other agencies that claim to be patent experts and want nothing more than to take an inventor's money in exchange of false dreams and hollow guidance. But, a true legal expert with an education in patent law can save time, money, and perhaps a lot of heartache and frustration. The work accomplished by invention patent attorneys is actually an intricate work of art, one that requires skills in engineering, law representation, and also years of experience. Selecting the right legal partner for a new creation or product could be the difference in getting this product protected, on the market, and to a profitable level.
There are those in the world that let their creative juices flow, resulting in new and fresh ideas about how to accomplish work and life more convenient with the help of new tools, or how to simply improve many of the current things that are necessities in life. These inventors are the exclamation marks of progress. Alexander G. Bell and Benjamin Franklin are a couple of the most recognized names in history, when it comes to great innovators of the past. But, there are millions of unknown creators who have made major contributions to technology, science, and modern conveniences. As more designers and engineers create and build, the processes of protecting ideas from idea thieves has become complicated. In response to the need to protect inventor's projects, the government has responded with a process called patenting. There are several different types of patenting processes, including trademark rights, but all require invention patent attorneys to help with procedures.
Completing and filing an application of patenting is complicated. There is no assistance within the official government patent offices beyond written guidelines. An invention patent lawyer can not only help with the application, but he or she may also help with schematics and drawings, bringing a partnership to the invention. Most of these legal specialists have experience and education in engineering, as well, giving them the ability to correctly document and legally cover every aspect of an invention. The attorney could have experience in any of the four of the engineering fields which are chemical, electrical, mechanical, and computer sciences. It will be a good idea to select a lawyer and engineer who's experiences are related to the field of invention. An invention patent lawyer will also be able to represent the inventor in a case where there has been an infringement upon patenting. This advantage should be considered when choosing between a lawyer or a simple agent.
The Internet may be a good place to begin the search for invention patent attorneys. There are agencies online that list many different legal representatives in geographical locations. It may also be a good idea to review several law firms with expertise in this area and conduct an investigation on each firm. Once one or two firms are selected, inventors can ask for recommendations within the firm. Creators should proceed with caution, and get referrals on every attorney the firm recommends. The costs for excellent representation should be no less than $3000, and can often cost up to $12,000 or more. Any legal counsel costing less should be suspect. Attorneys are like many things, a person will get what they pay for.
Mankind can thank God for giving him a brilliant and creative mind. We read in the Bible that every good thought and every good thing is actually initiated by God, who created the innovative spirit in the first place. The Lord explains this in the book of Isaiah. "I form the light, and create darkness: I make peace, and create evil: I the Lord do all these things. Drop down, ye heavens, from above, and let the skies pour down righteousness: let the earth open, and let them bring forth salvation, and let righteousness spring up together; I the Lord have created it." (Isaiah 46:7-8) And, in the book of James, James reveals, "Every good and perfect gift is from above, and cometh down from the Father of lights, with whom is no variableness, neither shadow or turning." (James 1:17)
When speaking with invention patent attorneys, be sure and get the history of each one. Ask questions about what types of inventions he or she has worked with in the past, and how long he or she has been in the field. Creators will also want to make sure that the attorney selected completely understands the product. And finally, finding a legal counsel that is easy to work with will be an important decision, because this person will be involved in the process with the inventor for a minimum of 2 years.
For more information: http://www.christianet.com/lawyer
http://www.christianet.com/lawyer/inventionpatentlawyer.htm
There are those in the world that let their creative juices flow, resulting in new and fresh ideas about how to accomplish work and life more convenient with the help of new tools, or how to simply improve many of the current things that are necessities in life. These inventors are the exclamation marks of progress. Alexander G. Bell and Benjamin Franklin are a couple of the most recognized names in history, when it comes to great innovators of the past. But, there are millions of unknown creators who have made major contributions to technology, science, and modern conveniences. As more designers and engineers create and build, the processes of protecting ideas from idea thieves has become complicated. In response to the need to protect inventor's projects, the government has responded with a process called patenting. There are several different types of patenting processes, including trademark rights, but all require invention patent attorneys to help with procedures.
Completing and filing an application of patenting is complicated. There is no assistance within the official government patent offices beyond written guidelines. An invention patent lawyer can not only help with the application, but he or she may also help with schematics and drawings, bringing a partnership to the invention. Most of these legal specialists have experience and education in engineering, as well, giving them the ability to correctly document and legally cover every aspect of an invention. The attorney could have experience in any of the four of the engineering fields which are chemical, electrical, mechanical, and computer sciences. It will be a good idea to select a lawyer and engineer who's experiences are related to the field of invention. An invention patent lawyer will also be able to represent the inventor in a case where there has been an infringement upon patenting. This advantage should be considered when choosing between a lawyer or a simple agent.
The Internet may be a good place to begin the search for invention patent attorneys. There are agencies online that list many different legal representatives in geographical locations. It may also be a good idea to review several law firms with expertise in this area and conduct an investigation on each firm. Once one or two firms are selected, inventors can ask for recommendations within the firm. Creators should proceed with caution, and get referrals on every attorney the firm recommends. The costs for excellent representation should be no less than $3000, and can often cost up to $12,000 or more. Any legal counsel costing less should be suspect. Attorneys are like many things, a person will get what they pay for.
Mankind can thank God for giving him a brilliant and creative mind. We read in the Bible that every good thought and every good thing is actually initiated by God, who created the innovative spirit in the first place. The Lord explains this in the book of Isaiah. "I form the light, and create darkness: I make peace, and create evil: I the Lord do all these things. Drop down, ye heavens, from above, and let the skies pour down righteousness: let the earth open, and let them bring forth salvation, and let righteousness spring up together; I the Lord have created it." (Isaiah 46:7-8) And, in the book of James, James reveals, "Every good and perfect gift is from above, and cometh down from the Father of lights, with whom is no variableness, neither shadow or turning." (James 1:17)
When speaking with invention patent attorneys, be sure and get the history of each one. Ask questions about what types of inventions he or she has worked with in the past, and how long he or she has been in the field. Creators will also want to make sure that the attorney selected completely understands the product. And finally, finding a legal counsel that is easy to work with will be an important decision, because this person will be involved in the process with the inventor for a minimum of 2 years.
For more information: http://www.christianet.com/lawyer
http://www.christianet.com/lawyer/inventionpatentlawyer.htm
Monday, July 16, 2007
Refund For A Lemon Car In U.S.A.
Lemon Law:
On purchasing a vehicle, a warranty period is fixed. If your vehicle have some specified defects and you have tried to fix it more than a reasonable no. of times (App. 4) within warranty period, Then your vehicle can be declared as lemon. Various states have different policies against lemon vehicles.
Note That:
1) In some states, you can simply make a complaint and find warranty advantage while in some states; you need to hire an attorney.
2) In case an attorney is needed, some states allows for refund of lawyer fee by loosing side.
3) Some states law also allows for leased vehicle to be treated as "Lemon vehicle" within warranty period if defect is found.
4) Keep a record of every repair, and save it in a document style. This will help you legally.
Since Lemon laws are different in each state, we will see only California Lemon law .In Most of the cases, you need to hire a attorney against lemon car manufacturer. Even if your car not be declared as a "lemon car" (Or other vehicle), there are a number of law which can protect you. So you can at least get refund of vehicle + attorney fee.
if a manufacturer or its representative can not repair a vehicle under express warranty after a fixed number of attempts, the manufacturer must promptly replace or repurchase it under consumer warranty act. Also vehicle should belong to California for family, business or personal use and Warranty period duration is company warranty period + time limit for taking a legal action.
If a car is sold then new buyer also have advantage of remaining warranty period but Car door should have a sticker named as "Lemon".
Lemon Law Rights :
A) If your car have a defect then Write to manufacturer.
B) If your manufacturers have a number, even then write a letter for legal reasons.
C) You can hire an attorney for manufacturer's arbitration program.
D) Read manufacturer's arbitration program rules to understand process.
E) Even if you loose in arbitration, remember that there is a higher chance that you can win in court.
There are special law under Warranty Act—Civil Code section 1793.22 (b) which can help you to determine about sufficient time limit in which, manufacturer was unable to repair your vehicle. These are:
A) If for the same problem you have taken your vehicle to manufacturer four or more times or your vehicle was a cause of serious injury or death.
B) The four repair attempts or 30 days out of service within first 18 months that you own your car or first 18,000 miles, whichever happens first (As of January 2000).
C) The problems are covered by the warranty and substantially impair the use, value or safety of the vehicle.
D) You must directly notify the manufacturer about the problem according to law.
If seller can prove that you have not handled the car carefully then he can even claim for attorney fee.
http://www.articlejoe.com/Article/Refund-For-A-Lemon-Car-In-U-S-A-/33872
On purchasing a vehicle, a warranty period is fixed. If your vehicle have some specified defects and you have tried to fix it more than a reasonable no. of times (App. 4) within warranty period, Then your vehicle can be declared as lemon. Various states have different policies against lemon vehicles.
Note That:
1) In some states, you can simply make a complaint and find warranty advantage while in some states; you need to hire an attorney.
2) In case an attorney is needed, some states allows for refund of lawyer fee by loosing side.
3) Some states law also allows for leased vehicle to be treated as "Lemon vehicle" within warranty period if defect is found.
4) Keep a record of every repair, and save it in a document style. This will help you legally.
Since Lemon laws are different in each state, we will see only California Lemon law .In Most of the cases, you need to hire a attorney against lemon car manufacturer. Even if your car not be declared as a "lemon car" (Or other vehicle), there are a number of law which can protect you. So you can at least get refund of vehicle + attorney fee.
if a manufacturer or its representative can not repair a vehicle under express warranty after a fixed number of attempts, the manufacturer must promptly replace or repurchase it under consumer warranty act. Also vehicle should belong to California for family, business or personal use and Warranty period duration is company warranty period + time limit for taking a legal action.
If a car is sold then new buyer also have advantage of remaining warranty period but Car door should have a sticker named as "Lemon".
Lemon Law Rights :
A) If your car have a defect then Write to manufacturer.
B) If your manufacturers have a number, even then write a letter for legal reasons.
C) You can hire an attorney for manufacturer's arbitration program.
D) Read manufacturer's arbitration program rules to understand process.
E) Even if you loose in arbitration, remember that there is a higher chance that you can win in court.
There are special law under Warranty Act—Civil Code section 1793.22 (b) which can help you to determine about sufficient time limit in which, manufacturer was unable to repair your vehicle. These are:
A) If for the same problem you have taken your vehicle to manufacturer four or more times or your vehicle was a cause of serious injury or death.
B) The four repair attempts or 30 days out of service within first 18 months that you own your car or first 18,000 miles, whichever happens first (As of January 2000).
C) The problems are covered by the warranty and substantially impair the use, value or safety of the vehicle.
D) You must directly notify the manufacturer about the problem according to law.
If seller can prove that you have not handled the car carefully then he can even claim for attorney fee.
http://www.articlejoe.com/Article/Refund-For-A-Lemon-Car-In-U-S-A-/33872
New York Lawyer can Turn Judge’s Decision in Your Favor
Climbing every stair of legal problems requires the support of lawyer. In fact, a lawyer is meant to guide you through a clean and clear way of achieving a win over your legal problems. Their main task is to represent the client in the court of law and present his side in front of judge. People residing in New York can take the help of New York lawyer in their legal matters. Generally, legal problems crop up when you fall as a prey of fraud or need any medical compensation or want to have divorce from your partner or you have stuck in some immigration issue.
Every other day we get to hear about cases being fought, pertaining to recovery of compensation from your husband or wife. In this matter, lawyer helps you in recovering the compensation without any delay. Generally, there are two parties in a court case. One is the claimant, while the other is the opponent. The job of lawyer is to fight the case with absolute privacy and do suitable justice to your problem. Your lawyer in New York has to be highly skilled and well-experienced for managing your case. It is because more experienced lawyer will be able to judge the situation from many angles, as compared to new one.
Your lawyer should be clever enough to turn the decision in your favor. He should know the tactics and plans, with which he can argue his point and convince the judge that his client in on the right side of scales. Their errands involve collection of relative proves and other things that can turn the result in your favor. To win the case, it is necessary that you and your lawyer should sit together, and discuss the matter with every detail. This will not only help your lawyer in understanding the matter completely, but you will be able to figure out some points that can help you in winning that case.
Now if you have landed in any immigration related problem, then lawyer in New York can help you properly. Such lawyers are specialized in handling immigration cases. The job of immigration attorney involves the handling of documentation, legal consultation and representing the client in the court of law. The immigration attorney has to check that all the paper work of his client is updated, so that no question can be raised on his immigration to that particular place. Immigration is a very complex task and it takes time to get a particular type of immigration visa.
There are various lawyers that offer their services at reasonable rates. While looking out for a lawyer to fight your case, you should take care that he or she is genuine and keeps a complete confidentiality of your details. Another thing to be noticed is that your lawyer should have a good track record. Don’t just hop on a lawyer just like that. It is always better to check out everything related to his performance, so that you don’t land up in problem after handing him your case.
http://www.articlejoe.com/Article/New-York-Lawyer-can-Turn-Judge-s-Decision-in-Your-Favor/33507
Every other day we get to hear about cases being fought, pertaining to recovery of compensation from your husband or wife. In this matter, lawyer helps you in recovering the compensation without any delay. Generally, there are two parties in a court case. One is the claimant, while the other is the opponent. The job of lawyer is to fight the case with absolute privacy and do suitable justice to your problem. Your lawyer in New York has to be highly skilled and well-experienced for managing your case. It is because more experienced lawyer will be able to judge the situation from many angles, as compared to new one.
Your lawyer should be clever enough to turn the decision in your favor. He should know the tactics and plans, with which he can argue his point and convince the judge that his client in on the right side of scales. Their errands involve collection of relative proves and other things that can turn the result in your favor. To win the case, it is necessary that you and your lawyer should sit together, and discuss the matter with every detail. This will not only help your lawyer in understanding the matter completely, but you will be able to figure out some points that can help you in winning that case.
Now if you have landed in any immigration related problem, then lawyer in New York can help you properly. Such lawyers are specialized in handling immigration cases. The job of immigration attorney involves the handling of documentation, legal consultation and representing the client in the court of law. The immigration attorney has to check that all the paper work of his client is updated, so that no question can be raised on his immigration to that particular place. Immigration is a very complex task and it takes time to get a particular type of immigration visa.
There are various lawyers that offer their services at reasonable rates. While looking out for a lawyer to fight your case, you should take care that he or she is genuine and keeps a complete confidentiality of your details. Another thing to be noticed is that your lawyer should have a good track record. Don’t just hop on a lawyer just like that. It is always better to check out everything related to his performance, so that you don’t land up in problem after handing him your case.
http://www.articlejoe.com/Article/New-York-Lawyer-can-Turn-Judge-s-Decision-in-Your-Favor/33507
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