10 Domestic Violence Myths & Misconceptions- Guest Post

  

Domestic Violence and Abuse as a Abstract

Domestic violence, like any other topic, is filled with misconceptions. To assist you to differentiate reality from fiction, we’ve compiled a list of five of the most common myths about domestic abuse:

 

  1. Domestic violence is only physical.

 

 

Domestic violence can manifest itself in a variety of ways, including intimidation, coercion, economic responsibility, isolation, psychological control/abuse, and physical assault.

 

  1. It only occurs in low-income households living on council estates.

 

Anyone, regardless of where they reside or how much money they have, maybe mistreated. Women and men who have been abused come from many areas of life. Consider the superstars we read about in the news to understand that money cannot safeguard you from domestic abuse.

 

  1. Men are equally as likely as women to be victims of domestic and familial violence.

 

 

Men can be victims of violence, yet the majority of men do not engage in domestic violence. However, women may utilise violence in relationships as well.

 

According to research, men are the most likely perpetrators of domestic and familial violence against women.

 

Men are more likely to be harmed by a stranger in a public location, but women are more likely to be harmed by someone they know in their own house.

 

  1. Victims provoke domestic and familial violence.

 

Nobody wants or deserves to be abused. Unfortunately, people who use violence may attempt to transfer responsibility to the victim by claiming that they caused them to be angry or jealous.

 

 

Most sufferers of domestic violence do anything they can to prevent violence and even try to modify their own behaviour in the hope of stopping the abuse. However, this will not put an end to the violence since they are not the source of it. The aggressive individual attempting to keep power and control over the victim is the cause of the violence.

 

  1. Domestic and familial violence will stop upon separation.

 

When a victim ends a relationship, the person who uses violence may perceive it as a direct threat to their power over the victim.

 

According to research, the months after separation are one of the most dangerous.

 

A person who used violence in the relationship may employ a variety of strategies to reestablish control over a victim. As a result, it is critical to seek assistance and remain secure.

 

  1. Domestic violence is triggered by factors such as alcohol or drug abuse, anger management disorders, or financial difficulties.

 

Domestic and family violence can be triggered by the use of alcohol or drugs, challenges with anger management, or financial concerns, but they are not the cause.

 

People who commit violence frequently blame it on things like this.

 

Even when they are sober or when money is not an issue, they are frequently aggressive to the victim.

 

It is unusual for anger control to be the primary concern. Often, the perpetrator of violence will aim their rage towards the victim but will be able to control their behaviour in front of friends, coworkers, other family members, or strangers. This is due to the fact that domestic and family violence is generally driven by power and control rather than merely anger.

 

There are also numerous households where alcohol, drugs, and money are challenges, but there is no domestic violence.

 

  1. Domestic violence is a private family matter.

 

Domestic violence affects everyone. Keeping domestic violence hidden benefits no one has been demonstrated to hurt children, has high societal costs, and serves to perpetuate abuse via taught patterns of behaviour.

 

  1. Abusers are raised in violent families.

 

 

This is not correct. Growing up in a violent family is a risk factor, and some abuse victims go on to be violent in their relationships. Many, however, do not. They are instead repulsed by violence because they have witnessed the devastation it creates. As a result, they would never consider hitting their lover.

 

Abusers learn to be violent as a result of the culture in which they grow up. People who blame violence on their upbringing avoid taking responsibility for their conduct. 

 

  1. Some individuals like violence.

 

Nobody enjoys or finds violence pleasing. The majority of abused individuals live in fear and terror. This is a method of blaming the victim for what is going on.

 

  1. Abusive persons suffer from a mental illness.

 

The great majority of persons who physically or verbally abuse their partner are not mentally sick. However, according to research, the proportion of abusers who have mental health problems is the same as in the general population. And, if an abusive individual is mentally sick, why do they exclusively attack their spouse and not coworkers, strangers, or friends?

 

Bio-

 

Our Brisbane Domestic Violence Lawyers have a proven track record of getting excellent outcomes for our clients, whether the offences are those drawing life sentences, repeat offences, or children court cases. Our Lawyers has the correct approach when dealing with your court matters. From the most serious offences, when your liberty is at stake, to potentially losing your driver’s licence for traffic violations, our Brisbane criminal lawyers will assist and support you as you through the judicial system.

 

 

 

 

 

 

How To Find an Appropriate Criminal Defence Lawyer for Your Case?- Guest Post

  

In the legal system, the criminal defence lawyer has the most difficult job role because they represent people who have been charged for any kind of criminal activities as per the law. They have all the knowledge about criminal laws and regulations and are able to guide their clients and provide the options that are available to them. Criminal lawyer represents alleged delinquent accused of certain criminal activities to prove their client innocent.

 

The accused can either hire a criminal defence lawyer or the lawyer can be appointed by the state or federal government in case the accused is unable to get one. If you have been charged with any criminal offence, then you must visit a criminal lawyer.

Here is how you can find the right criminal defence lawyer for your case:

  • Seek a lawyer online: In the process of finding a criminal lawyer, firstly you have to perform an intensive and extensive search online. You will find many criminal defence lawyers and some of them may even have their own websites too which will help you know about their associated law firms. Go through all the websites to understand their values, vision and testimonials and then decide which lawyer or a law firm will be most helpful to you. Finding out the best criminal lawyer is time-consuming and requires patience, but all this will pay out in your favor. Try to compare all the services they provide and select the lawyer who is highly recommended by most people.
  • Gather knowledge from people: If you are facing a problem in finding a criminal defence lawyer over the internet, then you can talk to people who have some knowledge about criminal lawyers and/or used their service. You can also approach the BAR Association to advise you of a lawyer. It can help you in many ways. You will be able to know about different criminal lawyers. Talking to people can help you understand how well the lawyer handled their case. You can also find out how much it will cost you to hire a criminal lawyer. By recommendations, you can easily get a criminal lawyer without wasting too much time.
  •  Evaluate a lawyer by people’s review: in the pursuit of searching for a criminal defence lawyer, most people do not take heed of the reviews or testimonials on the website of the lawyer or the law firm. You will simply know about people’s experiences with a lawyer if you read the review section. You should determine a lawyer based on the information you have gathered from referrals and reviews. Look for what people have to say about the lawyer in terms of how well he understood their case and what solutions were provided to them. Reviews also help you determine if the criminal defence lawyer is worth the money you pay them as their fees.
  • Ask questions: Make it a point to meet them in person and ask questions. Most of the lawyers will agree to meet you and for those who do not give you time then there is no need to take their service. Take the advantage of the interview and ask them plenty of questions. They will be happy to answer all your questions and only if you feel satisfied with their answers to hire them as your lawyer.

Conclusion:

criminal defence lawyer will be your guide through the right process. They will represent you in the court of law on behalf of you and make you understand how the case is moving. Taking timely actions will only save you from any further legal trouble. To ensure everything goes smoothly, contact a criminal defence lawyer as early as possible.

How to Check your UK Visa Application Status

   

United Kingdom passport with Union Jack Great Britain flag

A crucial part of your UK visa application is tracking the application status. This helps you to plan beforehand your visa application especially if you are pressed for time.

The tracking of visa applications could be overwhelming for a few but many would want to track their application status. A system in the Home Office that lets you track and see the update of your UK visa application unhindered.

Tracking the UK visa application within the UK

The UK visa and citizenship application services (UKVCAS) has been launched by the UK Home Office to expedite the processing of UK visa applications.

Applicants are required to attend a single appointment to get their identity confirmed, enrol any biometric information (fingerprints and photograph to be taken) that may be needed to complete their documentation in support.

However, applicants will not know the decision at their UKVACS appointment. The visa application and relevant supporting documents will be sent to the UK Visas and Immigration (UKVI) office to be processed. The UKVI is a special division of the Home Office in charge of the UK’s visa system, which will assign a specific caseworker for a decision to be made.

If you have already made a UK visa application and are now waiting for your decision, you must visit the UK government website (www.gov.uk) to find all the information and updates from UKVI on your UK visa processing.

How to proceed further

You will not be able to currently track your individual visa application online, but you can use an online system to obtain information as to which department to contact for your specific visa application.

You will need to answer a few of the questions about your application when using this e-system, such as the case reference number assigned while you were submitting the application, and you will have access to the contact information for that specific department at UKVI.

You can also contact them over the phone. The contact centre (phone number- 0300 123 2241) is available from Monday to Thursday, between 9 am to 4:45 pm, and on Fridays between 9 am to 4:30 pm.

When you speak with the staff you can make enquiries about the status of your application and track your visa application UK.

It should be noted that contact staff cannot provide or support in handling any personal circumstances or how it will impact the decision on your application.

Further, you can also seek clarity about British citizenship. You will need to contact the citizenship and nationality enquiries team on 0300 123 2253 from Monday to Thursday between 9 am to 4:45 pm and Fridays, 9 am to 4:30 pm. You can also email them at [email protected] if the phone number is not accessible.

Tracking the application from outside the UK

 

You have the option to make a call to the contact staff at UKV to ask any questions about your application on 00 44 203 481 1736. This call facility is open Monday to Friday, 24 hours, and can cost you £1.37 per minute additionally with your standard network charges.

You can also use the UKVI online system at: www.gov.uk/contact-ukvi-inside-outside-uk. This email service is far more fruitful as it directly sends your enquiries to the caseworkers tasked with your visa application.

Every email enquiry can cost you £5.48, although there are no charges levied on you for any follow-up email.

Expedited services

You can also choose expedited services for your UK visa application if you are pressed for time.

A premium processing option is available which helps you to track and get decisions on your application within five working days.

A super priority service allows you to get decisions in one working day.

 

Need legal assistance

You must take legal assistance from the best law firms dealing in UK immigration, London to help represent your case. You won’t have to make additional efforts in tracking. A Y & J Solicitors have been industry experts for over 10 years representing clients with complete success.

 

 

 

 

 

 

 

 

Drug Possession vs. Drug Distribution: Everything You Need to Know- Guest Post

  

According to the National Center for Drug Abuse Statistics or NCDAS, around 19.4% of the country’s population has used illegal drugs at least once in their lifetime. Since the year 2000, there has been an estimated 700,000 deaths attributed to drug overdose. There are more or less 31 million illegal drug users in the United States. 

 

Illegal drug use is also prevalent in other regions and countries, as proven by the numbers released by Statista.com. More or less 5.4% of the world’s population uses or has used illegal drugs.  

 

Using illegal drugs is a crime practically anywhere in the world. In the United States, anyone found possessing or using illegal drugs commits a federal and state crime. The consequences may vary by the state since some have legalized the cultivation and use of marijuana, but violations can range from fines to court cases and jail time.  

 

A person who is caught carrying illicit or illegal drugs can be accused of drug possession or drug distribution. These two criminal offenses are often used interchangeably, but each one is distinct from the other. 

Drug Possession 

 

A person charged with drug possession is caught intentionally and knowingly carrying illegal drugs, be it for personal use, selling, or distribution purposes. The substance in possession does not have a valid prescription and may be of substantial quantity. 

 

If there is proof that the person can control the illegal drugs in his possession, authorities will arrest him right away. If the substance is of limited quantity, it can mean that the drugs are intended for personal use. 

 

Drug possession laws vary in every state. For example, in Arizona, possessing illegal drugs is a serious offense. If you are caught near or beside an illegal drug or are proven to be under the influence, you can be charged with a felony. If you are caught committing such an offense, you need to work with a drug possession attorney. Your penalties will depend on the circumstances of your case, such as previous criminal history and the kind of substance in your possession.  

Types of Drug Possession 

Actual Possession/Possession in Fact – 

 

This happens when a suspect is caught making physical contact with an illicit substance or when the illegal drug is found on his person. 

Constructive Possession/Possession in Law – 

 

This happens when a person has access to, knowledge about, or a way of controlling the illegal substances involved. He could be charged with constructive possession of illegal drugs even if there were no substances with or anywhere near him when he was arrested. 

Drug Distribution 

 

A person charged with drug distribution is in possession of a significant quantity of illegal substances and money. Authorities consider this as evidence that the suspect is planning to distribute or sell the illegal drugs.  

 

Drug distribution is a felony, so anybody charged with it will face serious consequences, including a court hearing. Anyone caught importing, transporting, and selling cocaine, heroin, meth, and MDMA (among others) can be charged with felony drug distribution.  

What Happens When One is Charged with Drug Possession or Drug Distribution? 

 

If you are caught engaging in any activity that involves illegal drugs, there are inevitable legal repercussions that are dependent on your case. Typically, the consequences involve heavy fines, probation, federal prison or jail time, community service, and house arrest or any other type of confinement. Your offense will also be entered into the system, so you’ll have a criminal record.  

 

The length of your jail time will depend on the severity of your case, along with other vital factors such as the kind and quantity of the substance that you possessed or used. If only a small amount of illegal drugs were found near you or on your person, it would be classified as a misdemeanor. Larger amounts of illicit substances will be considered a felony with the intent to distribute. 

 

Several states charge first-time offenders with simple possession regardless of the quantity of illegal drugs involved in the case. However, if you are a repeat offender, you’ll be charged with harsher penalties. In some states, your driver’s license may also be suspended.  

 

Most of these penalties apply to drug possession. Since drug distribution is considered a felony, the fines are higher, and prison time is extended. 

 

In addition, if you are charged with drug distribution to a minor or had a gun with you when you were arrested, you will face a more complex case and maximum penalties.  

 

If you were arrested for distributing illegal drugs in a different state or across international borders, you violated federal laws. In such circumstances, the DEA or Drug Enforcement Administration will be called in. Federal-level offenses are serious legal violations, so your conviction may put you in federal prison.  

 

 

If you or someone you know has been charged with drug possession or drug distribution, get in touch with a lawyer experienced in illegal drug cases right away. 

5 Tips For Dealing With Property Disputes In The Family- Guest post

  

family dispute

Property disputes – this is one of the most common problems faced by many families, especially those who co-own a property and aren’t on the same page as to what needs to be done with it (whether to sell the property or keep it).

Most of the time, family members get the ownership of a property through inheritance. There are, however, times when they get to own it because of a business venture not working out. Either way, it usually results in them not knowing what’s to be done and how they can avoid this situation from driving a wedge between their family.

If you’re facing the same problem and aren’t sure as to how you should be approaching this situation and solving it without causing major disputes, you’ve come to the right place!

In this article, we’ve put together 5 tips from professional family/charity solicitors to help you deal with property disputes the right way.

Let’s take a look!

1. Choose a Settlement or Early Mediation Conference

If you’re unable to find a middle ground for the ongoing property dispute with your family, it’s best to seek assistance from a third party. This could be anyone from a family friend to a family/charity lawyer or judge.

By conducting an early mediation or settlement meeting, you can easily resolve the differences with your shared owners and other family members. This will also help save a lot of money, animosity and stress; for both the parties involved, of course!

2. Crunch the Numbers

In case of property disputes, most of the partitioning cases hardly get off the ground. This is primarily because family members are unable to come to a decision without a good hold on numbers – the accounting numbers!

You see every partition case includes accounting which basically means understanding who has the right to repayment for the money being shelled out for the common benefits. These expenses normally include categories like property taxes, repairs to the property, mortgage payments and property insurance.

Without a strong hold on all these costs, resolving a property ownership dispute is going to be very difficult.

3. Set Your Objectives Beforehand

More often than not, the common issue related to property co-owned by family members is that all of them have different objectives and stick to the ones that they feel is right.

This is why it’s essential for you to discuss your goals beforehand and assess whether the family members would want to sell the property or do you have to buy out the others. In doing so, you’ll be able to understand the role of the property and the value you’ll get out of it.

4. Figure Out What the Property Is Worth

When you talk about property dispute cases, its value is often the tail that wags the dog!

Most families find it difficult to resolve their partition disputes mainly because they don’t agree to the value that’s being put out for the potential buy out by a particular family member.

The best way out here is to list the property for sale and then figure out its true market value. However, if a specific family member is trying to buy the other one out of the property, then it’s unlikely that they’d agree with the market value.

This is where you can seek assistance from an appraiser.

An appraiser is someone who will share their opinion on the market value of your property which you could later use as the foundation for your buy or settlement.

5. Seek Assistance From a Charity/Estate Lawyer

While this might seem like a plug, in reality, seeking assistance from a solicitor is extremely crucial especially when it comes to protecting your rights.

Not only are these lawyers experienced in this field but have also handled several property dispute cases. Moreover, they can help you and your family members easily navigate through your rights and responsibilities.

Since they know what the law would provide and adding their years of experience to the mix about understanding the judges’ decision, lawyers can help determine areas that need a firm holding and areas that you can compromise on.

Being a part of this field for quite some years, lawyers know the entire process inside out, meaning they can give you the right advice and guide you through the proceedings.

To Conclude

There’s no doubt that any issues involving our family members are extremely delicate and a property dispute case is no exception!

This is exactly why it’s important for you to take cautious steps while also seeking assistance from the right person, like an experienced property estate/family attorney, as they’ll help you and the entire family in the right way!

When Should You Contact a Personal Injury Lawyer?-Guest Post

   

personal injury lawyer

Types of cases a Personal Injury Attorney can help you with

When should you contact a personal injury lawyer? This is the question that many people who have been involved in an auto accident wish they had an answer to. When you are involved in a personal injury case, you want to make sure that you are properly prepared to present your case. The following paragraphs will explain what type of cases a personal injury attorney can help you with.

Gather all the necessary information and documents to file your claim

Most personal injury cases deal with injuries that happen to you or a family member as a result of another person’s negligence or wrongdoing. To determine the best course of action, you must contact a personal injury lawyer as soon as possible after the accident. This will allow him/her to gather all the necessary information and documents that are needed to file your claim. You will need to also give him/her a detailed description of the accident, as well as wht, happened before and after the vehicle accident.

File a personal injury claim 

When should you contact a personal injury attorney if you are involved in an auto accident that was not your fault? If you were driving under the influence of alcohol or drugs, you may be able to sue the person who caused the accident. Even if it was someone else’s fault, it is important to file a personal injury claim against the other driver. Once you have the documents in order, you can contact your attorney and see how much money you can recover.

Notify your personal injury lawyer if you have been injured in a car accident

Do you know when you should contact a personal injury attorney regarding a car accident? If you have been injured in a car accident, there is a good chance that you will be able to recover medical and other costs from the other driver. In addition to this, you may be entitled to compensation for your loss of wages and the repair or replacement of your vehicle. However, it is important to first notify your personal injury lawyer to ensure your case is handled expertly, from the start.

Your attorney can help you collect damages for pain and suffering as well

When should you contact your personal injury attorney if you were involved in a motorcycle accident? Motorcycles are very powerful vehicles and they are often difficult to control. If you are injured in a motorcycle accident, you may be able to collect payment from the person who hit you. In addition to this, your attorney can help you collect damages for pain and suffering as well.

Contact a Personal Injury Attorney

When should you contact a personal injury lawyer regarding an automobile accident? Foremost, when there is negligence, impairment, or injury involved, it is extremely important to contact a personal injury attorney. Injuries can be extremely severe, including brain and spinal cord-related- this type of injury generally always requires an expert. However, there is no need to panic if you are injured due to no fault of your own, Sidhu Lawyers is here to provide the assistance you need when you need it.

Ignition Interlock Devices: How Effective Are They in Reducing Vehicle Crashes?- Guest Post

  

An ignition interlock device is a breath analyzer that is installed and connected to a vehicle’s ignition. It is used to determine if a driver has alcohol in his system and if the BAC (blood alcohol concentration) is over the limit.

Ignition interlock installation is one of the primary penalties for DUI drivers, especially those who are on probation. Its purpose is to prevent these drivers from operating a vehicle while alcohol-impaired. If their BAC is above 0.08, which is the legal limit, the device will prevent the car from starting. As for drivers who are not alcohol-impaired, their goal is to remain sober while driving, or the device will automatically stop their vehicle.

An ignition interlock device has a data recorder that allows probation officers to monitor the DUI offender’s driving behavior. This recorder is where BACs are logged after every test. Running tests – or repeat tests – are implemented throughout the offender’s trip, and these help guarantee that drivers are alcohol-free while they are on the road.

IID Origins and State Laws

Interlock devices have been around for years and were first developed in 1969. However, interlocks that came with alcohol sensors were created and only became popular in the 1980s. That was also the time when some states implemented several pilot programs in the U.S. The first State to officially enact the legislation was California, when they created the Farr-Davis Safety Act of 1986 and implemented IIDs in four of its largest counties.

In 2012, all states in the country started implementing IID laws, although the specifics vary from state-to-state. For example, in some states, the authority that mandates ignition interlock devices is the DMV or Department of Motor Vehicles, not the court or the state.

Additionally, depending on which state the driver committed the offense in, the device is required for 1) first offenders, 2) offenders with high BACs, and 3) repeat offenders.

Ignition interlock device programs in the United States are divided into:

  1. Administrative programs managed by a State licensing authority.
  2. Judicial programs managed by a court system.
  3. Hybrid programs that combine the administrative and judicial categories

How Effective are Ignition Interlock Devices?

The general public strongly supports the ignition interlock device program. Additionally, the use of IIDs has steadily increased over time. In 2010 alone, there were 212,000 installations compared to the 101,000 recorded in 2006. Today, these numbers have more than doubled.

Lesser Drunk Driving Cases

Since 2006, ignition interlock device laws have helped prevent over 2.3 million people from driving drunk. The numbers are higher now as these statistics cover the period from 2006 until 2017 only.

Additionally, the American Journal of Preventive Medicine came out with a study called “Ignition Interlock Laws: Effects in Fatal Motor Vehicle Crashes, 1982-2013” that indicated several significant findings. According to the study, IIDs resulted in a 7% reduction in fatal car crashes due to drunk driving.

Also, IID laws helped bring down the number of first-time offenders involved in fatal drunk driving crashes by more or less 8%. The study covers only incidents that happened from 1982 to 2013, but this trend continues today.

Recidivism

One of the major reasons for the implementation of ignition interlock laws is to prevent recidivism or reduce the number of repeat offenders.

According to the Centers for Disease Control and Prevention (CDC), IID laws are responsible for decreasing repeat offenders by around 70%.

Some studies also indicate that around 90% of those who graduated from the interlock program went on to drive safely. Furthermore, they successfully avoided committing new drunk driving offenses.

Ignition Interlock Devices and Alcohol Abuse Treatment

The Centers for Disease Control and Prevention, in partnership with the Florida Department of Highway Safety and Motor Vehicles (FLDHSMV), conducted a study on recidivism that focused on two groups of drivers. The first group went through an alcohol abuse treatment while IIDs were installed in their cars, while the second group did not participate in an alcohol abuse treatment program.

The results clearly indicated that two years after the device was uninstalled from the vehicles, drivers who went through the alcohol abuse treatment reduced the recidivism rate by 32% compared to those who did not undergo treatment. As such, this led to lesser DUI arrests, fewer vehicle crashes, and a decrease in the number of drunk driving-related injuries.

It is also essential for authorities to complement IID programs with a comprehensive monitoring system.

Lastly, the CDC also has identified eight program keys that can help states strengthen their ignition interlock programs. The program key’s significant actions include:

  • Substantial penalties
  • Incentives
  • Interlock monitoring
  • Consistent and uniform implementation
  • Multi-agency coordination
  • Education and training for management and staff
  • Resources for funding and staff
  • Complete data records

If you want to learn more about ignition interlock devices and how they can help prevent drunk driving, get in touch with and talk to an IID provider.

 

 

 

 

About the Author

Lauren McDowell is the Content Marketing Strategist for Interlock Install, a Phoenix-based company that performs the installations, service appointments, and 

removals for ADS Interlock. When not writing, she attends book clubs and enjoys reading stories to her kids.

4 Precautions to Take if You Did a State Level Crime- Guest Post

  

If you have been charged with a crime that occurred at the state level, or if you have a friend or family member who was, there are a few things you should do to ensure you get a fair trial and a favorable outcome.

 

Knowing what you should do will not only help you to protect yourself from unfair tactics used by lawyers, judges, and the prosecution, but it will also make it easier for your attorney to protect your interests and advocate for your best interests.

 

Did you know that you can be charged for a crime committed in your state even if you were outside of your state? Here are a few things to keep in mind if you have been accused of a crime in your state that happened outside of your state:

 

1. Find a good Lawyer

 

If you have been charged with a state crime, it is essential that you hire a lawyer who has experience with your particular state’s laws. This is especially true if you are facing a felony charge.

 

And, if you are facing a misdemeanor, you need to know what a misdemeanor charge is. The best way to gauge the experience of your lawyer is simply to ask him or her about the types of cases he or she has worked on in the past.

 

Finding a good lawyer is not so easy when you have been charged with a crime. You have to do a lot of research and find the best one to represent you. You can type in Google or Yahoo, but then you will be overwhelmed with results.

 

So, what you should do is to just go to your friend’s/brother’s lawyer and ask them to recommend you a good lawyer, and they will definitely help you find the best lawyer to help you.

 

2. Do not tell anyone you have done a crime

There are many different types of crime. Some are minor and others are very serious. The ones we are most concerned about are the serious ones that carry a sentence of more than two years in jail. You will have to go to jail if you did a state level crime. You could tell everyone that you did not do the crime, but that is not the truth.

There are two types of crimes: (1) You may get arrested or be placed under a restraining order. In this article, I will talk about what to do if you did a state-level crime. First, I would like to talk about the physical evidence.

 

The police will use at least two types of techniques to determine whether or not you did what you are accused of, including comparing the evidence to that of other people and reviewing cell phone records. If the police believe that you are the culprit, they will arrest you, send you to jail, or will place a restraining order on you.

3. Make sure your attorney knows your rights

 

The first thing you should do is get your criminal case in front of as many people in the criminal defense field as possible. Don’t just ask your attorney if they know someone. Ask them if they know as many attorneys as possible who get paid to know a lot of attorneys. If you can get them to know a bunch of other attorneys, then that only increases your chance of getting a fair trial.

4. Make sure you have witnesses

 

There are a lot of things you have to remember if you’ve done a state level crime. You have to remember to have someone to write down exactly what you did.

You have to remember that there are people that are going to charge you. And, just remember that you might need to testify against your criminal in a court of law.

 

If you are ever accused of a crime, you should make sure your parents, friends, neighbors, coworkers, or others to back you up on the stand to demonstrate your innocence. Doing so will help you to present a more complete defense at your trial that will help to get you a better outcome.

 

 

Author bio: Criminal Defense Lawyer, Lynne Torgerson Esq. has nearly 30 years of experience in law. She can handle all criminal charges, gun rights, all felonies, gross misdemeanors, and misdemeanors, throughout the State of Minnesota including the Twin Cities of Minneapolis / St. Paul.  Ms. Torgerson, Esq., graduated from the University of Minnesota with a double major, with degrees in political science and psychology.  Follow Lynne on Twitter @lynne_torgerson.

Can You Still File An Insurance Claim If Your House Was Destroyed Due To Arson?- Guest Post

  

arson criminal lawyer

Arson is one of the most serious types of house damage. It may happen to anybody at any time. Vandalism like this may happen in every city. Home insurance, on the other hand, is quite obvious. Home insurance seldom covers fires started by someone else. What does this imply if someone else sets fire to your house? There are a few things to think about.

What exactly is arson?

The deliberate act of setting a fire with the aim of causing malicious harm is known as arson. Though properties are the most common target of arson assaults, vehicles, boats, and woods are also susceptible to fire and charring damage due to intentional fire starting.

The person who initiates arson is referred to as an arsonist. When attempting to start a fire, arsonists will typically utilise accelerants such as petroleum, kerosene, alcohol, or any other dangerous and ignitable substances.

An arsonist may set fire to their own or someone else’s property for a variety of reasons, including: 

  •     Vandalism in general.
  •     Deliberately setting a fire on their own property in order to profit financially from their home insurance coverage. This is deemed insurance fraud, which is likewise illegal and punished by law.
  •     An unhappy person may seek ‘revenge’ against another person by setting fire to their home.
  •     An arsonist may suffer from an impulse control problem or Pyromania, which is defined by the pathological starting of fires. However, flames set by true Pyromaniacs are uncommon.

Which properties are in danger?

Although any structure, from a permanent house to an uninhabited facility, might be a target for arson, vacant properties are often more vulnerable. Vandals and arsonists may be more motivated to attack empty properties due to the absence of human activity in or near them. Unoccupied properties that may be in danger include:

  •     Access points such as damaged fences, windows, and doors should be easily accessible.
  •     There are no security mechanisms in place.
  •     Located in a remote area.
  •     Have a flammable waste buildup nearby that might function as an accelerant.

Because a vacant property is just that uninhabited, it is more likely to sustain fire damage than a frequently occupied property, merely because there may be no one around to raise the alert to the authorities so the fire may be controlled. The longer the fire burns and expands, the more destruction it will undoubtedly cause.

How to Aid in the Prevention of Arson Attacks

  •     If your property is vacant, you should visit it on a regular basis and inspect the structure, garden, and any outbuildings for evidence of unwelcome activity.
  •     Install surveillance cameras and an alarm system.
  •     Placing floodlights in vulnerable areas around the house, such as at key entry points and the driveway.
  •     Remove any material that has accumulated outside the home to prevent arsonists from using it as a fire starting.
  •     Keep a close eye out for any anti-social behaviour in the neighbourhood and report anything suspicious to the police.
  •     Turn off the utilities since gas and electricity are especially prone to accelerating flames.

How do you deal with an insurance adjuster after arson?

Local authorities may investigate and establish the cause of a house fire in some cases. Insurance companies may send an investigator to establish if the fire was intentionally caused for financial advantage. In addition, the building’s family or owner is frequently involved in specific sorts of activity that might lead to insurance fraud.

Financial deprivation motivates an arson suspect because the customer is plagued by financial troubles and wants to set fire to his or her home.

The individual may be unaware that insurance providers or local authorities have flagged them for insurance fraud, arson, or other offences. However, suppose the individual is prepared to pay a lawyer to represent them and launch a lawsuit against the insurance company. In that case, they may be able to avoid punishment and get the funds.

Red Flags

When an insurance company suspects a person may commit fraud, it may look for specific warning signs that indicate false claims are being made. A fire investigation will determine if the incident was accidental or deliberate. Several issues can be found in phone records or financial documents. Others include monitoring credit scores and looking for potential fire warning signals.

The individual may acquire things and supplies that they would not normally purchase. He or she may also seek the advice of a lawyer, a fire specialist, or someone who can explain how fire burns.

Level Of Evidence

For fire inspections, the local police may use a different degree of proof than home insurance companies. The only proof that the incident was intentionally created by the house owner or someone who ignited the fire in residence will be considered by the law. However, the insurance company is interested in insurance fraud issues and recouping its expenses by withdrawing from the insurance coverage.

Some of these events result in litigation, financial losses for the affected party, and criminal investigations for vandalism.

Arson

Part of the problem in claiming that the homeowner or user started the fire is the evidence needed, which might lead to being charged with arson. Three reasons might lead to the policyholder losing owing to a false fire claim or the insurance provider paying out as much as feasible to the individual. These factors include the individual’s purpose and willingness to take advantage of the insurance coverage and the actual fire. The evidence may lead to a police inquiry as well as an insurance company investigation.

Investigation of the insurance

While law enforcement must acquire significant evidence, the insurance company rejects coverage based on the parties’ additional conclusions or circumstantial proof. For example, the agent might contact the firm to find out if the owner was lying about the facts of the case. The claim must contain either a knowing or willful misrepresentation, according to the standard. If this circumstance impacts the insurer’s coverage of the home fire, the payout will be rejected. Even if there is no proof of guilt on the side of the homeowner or another individual, the carrier may be released from the obligation.

The insurance company considers circumstantial proof such as phone and bank records, the policyholder’s behaviour before the fire, data about their interactions with others, and so on. Before the fire even starts, an effort should be made. Behaviour following a major home fire may indicate arson and insurance fraud. According to the carrier’s statement, the policyholder had a motivation to perpetrate fraud.

Hire a Lawyer

You would be wise to retain the services of an insurance attorney at the start of this process. Valid insurance claims are frequently underpaid by at least $10,000 by insurance companies. When insurers deny a claim due to the possibility of fraud, an attorney may be necessary to assist in proving that the fire was either natural or caused by an outside source. Monetary compensation aids in the recovery process after an injury.

Because insurance companies frequently underpay fire claims, consumers are well adapted to consulting an attorney at the start of the insurance claim public adjusters florida.

 

HIPAA Violations Could Cost Your Practice More Than You Think- Guest Post

  

Health Insurance Portability and accountability act HIPAA and stethoscope.

In this article, we will focus on the Health Insurance Portability and Accountability Act (HIPAA) of 1996. We will look at what HIPAA is, what constitutes a HIPAA violation, and how much a HIPAA violation can cost your business. 

Defining HIPAA Compliance

The HIPAA law was passed by Congress in 1996. The federal law protects patient’s privacy rights in the United States. In accordance with the law, organizations are required to abide by a set of standards to protect against unauthorized use and disclosure of Protected Health Information (PHI). 

In addition to protecting privacy rights, the federal law also facilitated and strengthened the flow of PHI with the aim of reducing healthcare fraud and abuse. 

Any individual or organization that comes into contact with PHI must implement appropriate policies and procedures to safeguard patients’ data to ensure compliance with HIPAA law. That means if you:

  • Speak to patients directly
  • Check blood pressures
  • Write or give out prescriptions
  • Oversee the firewall in a healthcare setting
  • Encrypt medical data on behalf of a covered entity
  • Manage a database that stores, maintains, or creates patient data

You are responsible for HIPAA compliance and HIPAA violations. Individual employees may face charges if PHI gets jeopardized, but that doesn’t mean the entity is exempt from following the HIPAA rules.

HIPAA Violation

Any healthcare practice that compromises Protected Health Information (PHI) is considered to be at fault. However, individual employees may also be considered at fault depending on their actions and face serious consequences. 

According to the HHS, “Individuals, organizations, and agencies that meet the definition of a covered entity under HIPAA must comply with the Rules’ requirements to protect the privacy and security of health information and must provide individuals with certain rights with respect to their health information.”

The Department of Health and Human Services (HHS) does not accept ignorance on the part of an employer or employee as an excuse. That is why HIPAA training is so crucial to protect patient data and avoid HIPAA violations. 

HIPAA Violation Penalties

HIPAA violations can be of two types – civil and criminal. The penalties enforced will depend on the severity of the violations, and whether it was deliberate or unintentional will be taken into consideration. 

Civil Penalties

The civil penalties can be divided into four tiers. Here’s what they look like:

Tier 1: A category of violation that was unintentional, and the entity was unaware that a violation could occur given that they had taken all the necessary steps. Penalties for this tier range from $100 per violation to up to $50,000, and a maximum of $25,000 per year. 

Tier 2: A category of violation where the organization could not have prevented the violation but was or should have been aware of the potential risks, not willfully neglecting all the necessary steps. Fines for this tier range from a minimum of $1000 up to $50,000 per infringement, and a maximum of $100,000 per year. 

Tier 3: A category of violations where the entity willfully neglected all the HIPAA requirements, and as a result, a violation occurred. Although, the entity made efforts to rectify the violation in some cases. Fines for this tier range from $10,000 up to $50,000 per violation, and a maximum of $250,000 per year. 

Tier 4: A category of violations where the organization was fully aware of the potential risks, willfully neglecting all the HIPAA requirements, and did not attempt to rectify the violation. Fines for this tier range from a minimum of $50,000 per violation to a maximum of $1.5 million per year for repeated violations. 

Criminal Penalties

Violations that are considered to be criminal in nature are handed over to the Department of Justice. From there, individuals at the practice involved in the violation could be held criminally liable. These types of violations could stem from the theft of PHI for financial gain or wrongful disclosures with malicious intent. 

Criminal violations can be divided into three tiers, with the term and an accompanying fine decided by a judge based on the facts of each separate case. Here’s what they look like:

Tier 1: Up to 1 year in jail for reasonable cause or no knowledge of the violation

Tier 2: Up to 5 years in jail for obtaining PHI under false pretenses

Tier 3: Up to 10 years in jail for obtaining PHI with malicious intent or for personal gain

To conclude

In addition to civil or criminal penalties, there are also Corrective Action Plans (CAP) to worry about. Not to mention, you might also risk losing the license to practice. These CAPs are enforced by the Office for Civil Rights (OCR) when a data breach occurs. These plans are often cumbersome and costly. 

Nevertheless, it just goes to show that HIPAA violations could cost you more than you think. Hence the best way to go about this is to ensure that you are as compliant with the HIPAA law as possible by implementing all the necessary policies, procedures, and controls in place. 

Understanding HIPAA is essential for you, your employees, and your practice as a whole. Make sure to deliver proper and timely HIPAA training to your workforce members and make a lifestyle out of HIPAA compliance. 

 

Author Bio: Riyan N. Alam is a digital marketing analyst at CloudApper, a supplier of mobile ERP solutions, including HIPAA compliance software, facility management software, and many more. Combining his passion for reading books, he writes about subjects valuable to people and their daily lives. Riyan loves traveling and trading in his free time.