5 Reasons To Hire A Lawyer For Criminal Defense – Guest Post

   

Hire A Lawyer For Criminal Defense

When you face criminal charges, you need to be sure you are doing all you can to protect yourself and your future. One of the biggest mistakes you could make is neglecting to seek legal counsel. Here are five reasons why you shouldn’t go it alone, even if your charges are “minor”, and why hiring a criminal defense attorney is necessary when facing criminal charges.

  1. They Know The Local Judicial System 

One of the most important reasons to hire an attorney is that they know how the process works. Attorneys have been to court countless times, have navigated and studied the law, and understand how to build a solid defense. Representing yourself could put you at risk of an unfair result due to a lack of understanding of the process and what’s required. And, as important as knowing the system, they know the local players and the playing field. Individual courthouses are often their own little kingdoms and each handles matters somewhat differently. Also, prosecutors are individuals. They have patterns in how they handle cases and it’s vital to have knowledge of the individual courthouse and prosecutor.

  1. They Have Had Similar Cases

You could hire any attorney to handle your case, but only when you choose a criminal defense attorney can you be sure that the attorney you choose has dealt with cases similar to yours in the past. An experienced attorney has walked this road before with others, and they can guide you through the process with knowledge and understanding of how to get the best possible outcome.

  1. You May Save Money

Yes, attorneys cost money, but when you hire an attorney with the right knowledge to handle your specific type of case, you usually end up saving money. Not only do you position yourself for the best possible scenario for your case, but you may also avoid months of delays and unintended consequences due to an inexperienced legal team, or you’re handling your case as a layperson. If you are able to get a favorable result, you may be able to keep your job, minimize the impact of any record on your future, especially jobs and housing, and protect your assets. This is possible with the right legal representation.

  1. They Arm You With Knowledge 

Going to court for a criminal case can bring up intense emotions. Your criminal defense attorney can help you manage those emotions by providing education about what to expect and what you can do to position yourself for the best outcome. When you know the realities of the legal system and the court process, and you have an experienced hand guiding you to navigate the system, you will be less likely to give in to these challenging emotions and make an error in judgment that could make things worse both in court and outside of court. You will know what you can do to minimize the impact of the case on your life, and you will have more peace of mind as a result.

  1. You Have Access To More Resources

Building a criminal defense involves properly investigating the evidence, reviewing documents, speaking to witnesses, and sometimes the work of experts, to piece together what really happened and what accusations can be proven. Your legal team knows who to turn to investigate and analyze evidence, and they have the knowledge to determine the best way to defend you against the charges. They can also guide you as to whether or not you should plea bargain for the best possible outcome or take the case to trial. These resources and analysis help find the best way forward in a case like yours, and you will simply not have the same guidance without a criminal defense attorney.

When criminal accusations are brought against you, you need the right help to keep those charges from turning your life upside down. Heading into court to face criminal charges alone, or with an inexperienced attorney, puts you at a significant disadvantage. An experienced, skilled criminal defense attorney will help you get the best possible outcome during one of the most difficult times in your life.

What Are the Legal Protections for Nurses – Guest Post

   

Legal Protections for Nurses

Nursing is a revered profession in which most workers are perceived as being trustworthy. Despite this, some nurses do get into legal trouble on occasion either due to their own fault or, as is more often the case, due to patients or family members who are unhappy with their medical care. While more laws could certainly be put into place federally as well as at the state level to further protect nurses from legal concerns, some protections are already in place.

The Nurses’ Bill of Rights

The Nurses’ Bill of Rights (NPA) has been put into place by the American Nurses Association and contains seven rights that all nurses have while working. While the NPA is not technically law, some laws have been created by states as well as the federal government to protect certain rights. The NPA exists to show the type of environment and work situations required for nurses to practice safely and effectively both for themselves as well as their patients.

Uniform Emergency Volunteer Health Practitioners Act (UEVHPA)

One specific law, which is currently only accepted by fewer than half the states, is the Uniform Emergency Volunteer Health Practitioners Act. This act protects nurses who are providing emergency medical services across state lines. This is a good faith act that allows nurses to practice without approval from a specific state’s Board of Nursing in emergency situations.

Nurse Practice Acts (NPA)

In addition, each state has a Nurse Practice Act, which specifies what types of environments are appropriate for nurses. For example, nurses must practice in environments that allow them to follow their professional standards, provide ethical care, and remain safe. A nurse license defense attorney can help nurses navigate difficult environmental situations when employers refuse to make appropriate changes.

National Labor Relations Act

According to the Nurses’ Bill of Rights, nurses have the right to negotiate with their employers in regard to their jobs. Whether nurses are part of a union or not, the National Labor Relations Act protects these workers as they negotiate pay, benefits, and other important subjects. Both unions and employers are forbidden from interfering with each other or with employees on these matters.

Besides these specific laws, nurses are also protected by the policies of their workplaces as well as by the state Board of Nursing. This is why it is vital to regularly read through these policies and understand what they both require and protect. However, keep in mind that there will be times when one must work with a defense attorney to refute lawsuits or other false claims.

Don’t Get Taken for a Ride: What To Do if You Believe You’ve Bought a Lemon – Guest Post

   

Don’t Get Taken for a Ride

Throughout life, you are going to be buying many items. One common purchase for most to make is a vehicle. Unfortunately, sometimes you may be sold a lemon that does not perform as it should. Knowing how to address this problem can make all of the difference in how you financially recoup from the expenditure. Down below we will give you some tips on what to do if you have been sold a faulty vehicle.

Identifying a Lemon

By common definition, a lemon is a tangible item that has a persistent defect that significantly impairs its use, safety, or value. A lemon can be any product that you purchase. However, most individuals end up with a vehicle that is coined to be a lemon. According to the Lemon Law, after a reasonable number of attempts for it trying to be saved to be a functioning vehicle, the warrantor of the vehicle must allow the consumer to get a full refund or replacement free of charge.

Hire an Attorney

If you are dealing with a lemon vehicle, one of the best things that you can do is talk with a defective product law office. They can assist you in determining what you need to do to receive a replacement or refund. Attorneys know both federal and state laws regarding lemon products and will be better able to assist you in building up a case to rule in your favor. If you give them all the information they request they will be able to best help you in the long run.

Keep Track of Service Records

Because the warrantor must have been given multiple attempts to fix the defect before a vehicle is deemed a lemon, it is imperative that you keep track of service records. You need to show proof that you have had this persisting defect and that your warranty center attempted to fix the problem on multiple occasions to no avail. It is highly recommended that you keep the records of these fixes on either a notepad or keep all the billing information in a secure place.

File a Claim With the Automaker or Dealer

The next thing that you will need to do if you were sold a lemon is to file a claim with the automaker or the dealership that sold it to you. This should include the reasons behind your claim and any evidence that you have about it. Typically, it is easiest to have your attorney draw up and send the claim as they are more familiar with what exactly needs to be included to get real results for your situation.

Unfortunately, no matter how much you try to avoid doing so, you may end up buying a lemon vehicle. When this happens, it can be extremely frustrating and overwhelming to deal with alone. Fortunately, by following the four steps that we addressed above, you can successfully work toward getting a full refund or replacement for your lemon with very much ease than a headache.

7 Best DUI Law In Louisville – Guest Post

   

DUI Law In Louisville

Do you want to know about the DUI law in Louisville? If yes, then you must follow the guidelines of this complete article to get the correct insight into it. Drinking and driving is a serious offense in any country of the world.

Different states and different countries have different types of penalty rules regarding it. You need to know and undergo the rules of the state, which can help you to meet your objectives with ease.

Louisville DUI attorney can guide you in this regard with ease. You need to know the facts well before making your choices in the correct end. You must not make things work in the erroneous direction while meeting your objectives.

Best DUI Laws In Louisville

There are several best DUI laws in Louisville that you must know at your end if you want to reach your objectives with ease. You need to know the facts well before you get trapped in the eyes of the law in Louisville.

1. Under 21 Years Of Age

Drivers who are below the age of 21 years of age are deemed to be considered as less under the influence of 0.20 breath of blood in the alcohol level. You need to know the facts well to meet your objectives with ease.

Once you are under the age bracket of it, then the severity of the punishment is also less. But your license for driving the car will be canceled by the authorities forever. You must stay careful of this fact while you drive under the influence of DUI.

Read Also: Can Lawyers Have Tattoos On Their Hands?

2. Overspeeding   

Overspeeding is another serious crime under the DUI law in Louisville. If the driver Overspeed the car beyond the 30mph speed limit, then they will be punished for this crime.

The first punishment is they have to pay a $200 – 500 fine, and in extreme cases, they may be sent to jail for 2-30 days. You can contact a general practice law firm in this regard. You must not evade the law of the state.

It can result in harsh consequences in your life. You need to know the facts well before making your choices appropriately. Figure out things that can boost your chances of meeting the DUI law rules with ease.

3. Limited Access Highway 

You may have this question in your mind is it illegal to have underglow on your car? The wrong way of driving on the limited access highway can make things more complicated for you. If you enter the no-entry zone without permission, then things can turn worse for you.

You have to undergo 90-day Alcohol or substance abuse program. You must consider these facts at your end while meeting your target with ease. Ensure that the scope of errors must be as less as possible.

4. Death Due To Serious Injury   

Death of the victim under the influence of DUI and serious physical injury is one of the serious consequences of DUI victims for which they have to bear the heavy penalty. If the convict is found with an alcohol level of 0.18 within 2 hours, then they will be charged severely for this case.

You may be sentenced to Jail for 30-120 days and 12-18 months of license suspension of your car. You need to know the facts well before making your choices currently. You must not make things more complicated for yourself.

5. Level Of Alchohol In The Body   

If the level of alcohol is more in your body is beyond 0.18, and it has resulted in a severe car accident, then things can turn worse for you. You may have to spend 48 hours to 30 days in community labor.

On the otherhand, if you are proven guilty, then you may be sentenced to jail for 5 years, and you have to pay full compensation to the victim and the victim’s family for the loss suffered.

6. Refusal To Submit Testing  

In some cases, the convict refuses to submit the testing report of the alcohol consumption. In such a scenario, also they may be taken into immediate custody for not cooperating with the law.

You have to understand the reality before making your choices in the right end. Ensure that the scope of errors is less. The more you can think positively in this regard, the better you can achieve your objectives.

7. Transporting Passengers In Underage

Now, if your age is below 12 years and you are transporting passengers from one place to another, then the guardian of the driver will be held responsible for it.

Now, if you are a recognized lawyer and want to know can lawyer have hand tattoos, then you do not need to worry about it. There is no problem with it.

Final Take Away

Hence, if you want to avoid heavy penalties in Louisville, then you must seek the assistance of the best lawyer who can help you to meet your objectives with ease. Try to figure out the perfect solution that can make things work well in your favor.

You can share your comments, views, and opinions in the comment box to meet your objectives with ease. Try to figure out things that can boost the chances of proving your point in court. You must avoid making things too complicated.

Now, if the severity of your case is less, you can seek the help of a general practice law firm to meet your requirements with ease.

AUTHOR BIO:

Miranda Shaffer is a passionate blogger. She loves to share her thoughts, ideas, and experiences with the world through blogging. Miranda Shaffer is associated with Global Magazine, 7 Best Things, Lawyers Note, Idream Agency, Okey Magazine, Small Business Journals, Money Outlined, Top Preference, Big Jar News, Get Me Seen, Global Business Diary, Universal Australia, Uae Universe.

How to Become a Legal Guardian – Guest Post

   

Become a Legal Guardian

If you want to become the primary caretaker of a minor or an adult who isn’t able to care for themselves, you can go through the legal process that’s necessary to become a legal guardian. There are some differences in the process of establishing guardianship over a minor versus an adult, but each type of guardianship involves some common steps that you should know.

Submit the Required Forms

You’ll need to fill out and submit specific forms to start the legal process of becoming a guardian. These forms will likely be available for download on the state judicial branch website. A petition to become a guardian along with a form that specifies your understanding of the responsibilities of being a guardian should be signed and submitted to a local courthouse. You’ll also need to fill out a notice of hearing form to schedule a court date so that a judge can decide if you’re a suitable guardian.

Prove That the Person Needs a Guardian

For a minor child, it’s usually easy to prove that they need guardianship if their parents have died or are proven to be unsuitable caretakers, but proving that an adult needs guardianship can sometimes be more challenging. For an adult, you may need to keep records of observable behaviors within the past few months to demonstrate that the person isn’t capable of self-care. Medical records and statements from other professionals can also help prove that an adult needs guardianship. A guardianship attorney can help you collect any proof that you need to support your claim.

Attend the Court Hearing

After the required forms have been submitted, you’ll be given a court date if these forms have been approved. During your hearing, you should be prepared to answer questions about your capabilities of being a guardian. The child or adult who needs guardianship may be present, and the judge will likely call on the individual to provide testimony if they’re able. For guardianship of a child, you should be prepared to bring the child’s birth certificate and the parent’s death certificates (if applicable). If you’re requesting guardianship for a child who’s over the age of 14, the child’s preference for who should be their guardian will also be taken into consideration by the judge.

By following the proper protocol to establish guardianship, you can avoid certain setbacks that may delay the process. Your lawyer can tell you more about what you’ll need to do to become a legal guardian and attend your court hearing to assist you.

What are the consequences of filing for bankruptcy – Guest Post

   

consequences of filing for bankruptcy

If you or your business is in debt, you’ve probably been weighing up your options to find a solution.

There are a number of options out there, including bankruptcy. Declaring yourself bankrupt may be a way to be released from certain debts, however, there are a number of consequences which may affect you, and these consequences could affect you for quite some time.

So, if you find yourself drowning in debt, before you make any major decisions, it’s important you understand the consequences of making the decision to declare bankruptcy.

In this piece, we’re going to discuss what bankruptcy is, what actually happens when you declare bankruptcy and what the consequences of bankruptcy.

What is bankruptcy?

Bankruptcy, also referred to as declaring bankruptcy is a process where a person is legally declared as being unable to pay their debts. The individuals who are declared bankrupt give up their assets and the rights to control their own finances.

How does someone become bankrupt?

Bankruptcy can happen either by voluntarily entering into bankruptcy or by receiving a bankruptcy notice and proceedings.

When you cannot pay your debts, you can choose to become bankrupt voluntarily. This type of bankruptcy is referred to as a debtor’s petition and you must be insolvent, where you are unable to pay your debts when they are due. To voluntarily enter into bankruptcy you need to complete a bankruptcy application form which will be assessed by the Australian Financial Security Authority. If the application is approved, then a trustee is appointed to manage your debts and finances.

If you receive a bankruptcy notice, this means that your creditors – the people you owe money – have decided to take action against you. Your creditors can issue a bankruptcy notice against you if they believe that you are unable to pay your debts. If you do not respond to the bankruptcy notice, the creditors are able to commence proceedings, which includes issuing a bankruptcy petition to the court. Similar to when you enter into bankruptcy voluntarily, if a court sides with the creditors, then an order may be made where a trustee will be appointed to manage your debts and finances.

Are there any benefits to declaring bankruptcy?

Bankruptcy is often seen as a negative, and while there are serious consequences that must be taken into account, there are also some benefits of bankruptcy too.

The first major benefit is that you are released from most kinds of debt, which can remove a portion of stress from your life and provide you with an opportunity to be able to start afresh. Being released from these debts usually means that you’ll no longer face creditors chasing you for their money. Depending on the level of debt that you’re in, you could experience harassment from creditors.

You also avoid further legal proceedings in most instances. If legal proceedings have commenced, then these will continue through your trustee.

What are the consequences of becoming bankrupt?

There are a number of consequences to declaring or becoming bankrupt. Some of these are longer lasting than others. These can impact various areas of your life and include:

Types of debts you can be released from

While being declared bankrupt does release you from most debts, there are exceptions to this. If you have any penalties or fines imposed by a court, you will be required to pay them. If you pay child support or spousal maintenance, you will likely still be required to make these payments. You aren’t released from HECS or Fee-Help debts, nor unliquidated debts. When you’re working through the bankruptcy process, it’s a good idea to work with an experienced bankruptcy lawyer who can provide clarity over the types of debts that you may be released from.

Employment

Being declared bankrupt can mean that if you work in a job where you are earning over a certain threshold, you may have money deducted from your wage.

When it comes to your employment, you may face restrictions on the types of industries you can work in. And you can be restricted in the types of roles you can work in as well. For example, you will likely be restricted from being able to be a company director. This restriction could be temporary or permanent.

Starting your own business and running it yourself can be put in jeopardy if you are declared bankrupt.

Travel Restrictions

You may not be able to travel internationally if you are declared bankrupt. Usually, a person who has been declared bankrupt needs the permission of the trustee to be able to travel overseas. It is considered a crime to do so without this permission.

Access to Credit in the Future

Your ability to borrow money from creditors may be inhibited as you will be required to disclose your recent financial history to lenders. You may be further restricted in the amount that you can borrow from creditors as well.

Should you declare bankruptcy?

Whether you should declare bankruptcy or not is not a decision to be taken lightly. Declaring bankruptcy has serious consequences, however, it can also offer significant release.

Before making any decision about your financial future, it’s important to understand the consequences and all of your options. This is where the help of an experienced bankruptcy lawyer can help you.

Their expertise allows them to assess your unique circumstances and provide you with your various options so you can make an informed decision about your future.

Don’t make any rash decisions when it comes to your finances and your future, seek legal advice today.

How to Prevent Your Teen From Driving Drunk – Guest Post

   

Prevent Your Teen From Driving Drunk

About 10% of licensed drivers in the United States are under 21. And the bothering fact is that this demographic is held accountable for 17% of the country’s alcohol-related incidents. This only explains why parents do everything they can to keep their teens from driving drunk, even if it means installing ignition interlock devices.

As parents, there are other things you can do to keep your teens from driving while under the influence. Below are some effective techniques to consider:

1. Educate them about the dangers of drunk driving.

Discipline starts with the parents. Educate your teenager about the dangers of drunk driving. Let them know it is a serious offense that may result in fines and jail time. Having that basic knowledge alone should be more than enough to keep your teenager alert on the road and say no to alcohol when driving.

And if unfortunately, they are arrested for driving under the influence, an ignition interlock device could be installed in their cars. And they have to learn a lot about the device, including troubleshooting ignition interlock device issues and the dangers of tampering with the device.

2. Establish clear rules against drinking and driving.

Hands-on parents can somehow make a difference in the lives of their teens. Establishing clear rules against drinking and driving reduces the chances of teens getting involved in drunk-driving incidents. It also gives them an idea about what behavior is expected from them. So, as a parent of a teen, the number one rule to emphasize is to never drink and drive. If anything, inform them to contact you instead or have another friend who can drive to take them home.

3. Ally with the parents of your teenager’s friends.

It helps to get to know the parents of your teenager’s friends. And when you’ve already formed a bond, you can make a pact to look after each other’s kids so you can avoid parties that serve alcohol and drugs.

4. Have a secret code with your teenager.

One common reason teenagers don’t call their parents for help is that they don’t want to be embarrassed in front of their friends. In such a scenario, having a secret code can help your teenager reach out to you easily without losing face. Let your teenager use secret codes like “I have flu” to notify you that they need to be picked up.

5. Prepare a backup plan.

It would be great to have an emergency plan if you are not available to pick up your child. For example, you can give your trusted friend’s number to your teen. Let your teen contact your friend should your number be out of reach.

6. Don’t make alcohol available.

Teenagers nowadays can easily access alcohol. And one of the most convenient places to get it is right at your home. In that case, hide your liquor supply, and don’t tell them where you’ve hidden the alcohol. Make sure to have an inventory of those bottles, too!

7. Consider special occasions.

Graduation and prom nights are occasions when alcohol could be served, and drunk driving incidents are at their peak. Thus, get in touch with school officials and other parents, and come up with an agreement to ensure your teens’ safety. For instance, you can suggest having a safe ride program that features vehicles with good car audio installation after the event. Better yet, designate older siblings to fetch your teen.

8. Make your teen understand.

Peer pressure is there, and it is inevitable. Teens can’t easily say no in such situations. What you can do is help your teenager think of ways to save themselves from the pressure. Some good excuses would be, “My mom will take my license if she finds I’m drunk driving,” or something like, “My friend is going to pick me up later.”

Don’t Let Your Teenagers Drink and Drive!

You are responsible for the safety and well-being of your teenagers, so do everything you can to keep them from being arrested for a first-time DUI. Teach them all there is to know about drunk driving and the consequences that come with it. Most importantly, be a good example. Be someone worth emulating.

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.

Difference Between Lawyer and Advocate – Guest Post

   

Difference Between Lawyer and Advocate

It is quite common for people to confuse lawyers and advocates. But, in practice, these professions are different from each other. This blog will give you the importance of lawyers and the difference between lawyer and advocate professions.

If you are a law student or are connected to the legal field, you must know the difference between these two terms. But it is even more important to know the importance of the professions in the first place. Here is an explanation to make any layman understand in a few words:

Lawyers And Advocates: Ideal Situations vs. Practice

According to Lawyers and Advocates, there is a fine line that exists between the principles of ideals and that of real-life practice. In ideal cases, the term justice is used to refer to universal good. Hence, justice ensures that the law is made in such a way that it is able to protect the rights of the rich and the poor equally.

According to ethical requirements, all lawyers and advocates are expected to serve only according to the interests of the clients, no matter what their background is. This, added to the principles of justice, ensures that all the parties, despite their background, are represented on an equal footing.

But, in practice, access to justice and the expensive and extremely complex procedures gets determined by the ability of the client to pay the fees of the lawyer or the advocate. In such cases, it must be noted that the bigger share of providing legal services to people goes mostly to the rich and the wealthy.

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Lawyers vs. Advocates

The major differences between a lawyer and an advocate are given below in a detailed manner:

Who Is A Lawyer?

It is also important to know the difference between the lawyer and advocate professions. If you are studying law to get a degree in law, or you already have a law degree, then you are considered a lawyer. In short, if you are professionally trained in the law, then you shall be considered a lawyer. As a lawyer, you get the option to be a law consultant and a legal adviser. Being a lawyer also gives you the option to become an academician or a professor.

Apart from that, as a lawyer, you can also become a legal counselor working for a law firm. You can also have the ability to draft various documents like contracts, wills, deeds, and many more.

Who Is An Advocate?

All advocates are lawyers, while all lawyers are not advocates. Advocates are those lawyers who have cleared the Bar Exam. Clearing the Bar exam allows you to possess the certification, which allows you to represent clients in different courts. This is the basic difference between the lawyer and advocate professions.

Also, as an advocate, you will have the ability to represent your clients in the courts and help them win the cases they are attached to. There are various acts that offer protection to an advocate and other acts that allow an advocate to practice his profession freely in the courts of law. There are also various exams for advocates as per practice in higher courts.

In other words, the difference between lawyer and attorney professions can be explained in the language of genus and species. A lawyer belongs to the genus, which includes every person that possesses a law degree, while an advocate is a particular specie within that genus. That is, advocates are lawyers who possess a law degree as well as a license to practice in any court.

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The Status Of Lawyers And Advocates In The United States

There is actually no difference between the lawyer and attorney professions in the United States. The concept of the United Legal Profession works in the USA. This means that there is basically no difference between the advocates who help people to fight cases in the court and the lawyers that are not associated with a court.

But, in other countries like the UK, Canada, Australia, and India, there is a fine difference between lawyer and attorney professions, as explained above.

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The Roles Played By Lawyers and Advocates In The Society

The society that we live in is bound by law and legal aspects. The functions of society are determined by law. When a crime is committed, it is judged through the eyes of the law. The judiciary or the courts are responsible for judging the applicability of a crime and the level of crime so as to bring justice to the victim as well as the society.

In the US, the constitution is the law of the land. The Supreme Court of the US is the final interpreter of this constitution. The laws in the US are created to protect all individuals and social groups so as to secure the rights of the people.

The rights are there to ensure social, economic, and political justice, equal opportunities, and status of all, in addition to liberty of belief, thought, and expression. These are the major pillars of the US legal system. Hence, lawyers and advocates help individuals to get justice through the courts. Such is the importance of Lawyers and Advocates.

Author Bio:

Charles Simon is a vibrant, professional blogger and writer. He graduated from the University of California, Berkeley, in business management. He is a business owner by profession, but by heart, he is a passionate writer. Now Charles is the owner and co-founder Of gettmeseen.net, toppreference.com,  bigjarnews.com, okeymagazine.com , globalbusinessdiary.com

How to Deal With First Time Assault and Battery Charge? – Guest Post

   

First Time Assault and Battery Charge

Fights and Brawls end up charging you for the offense of Assault and Battery is a matter of concern. Here’s how you can deal with them.

Human emotions affect our daily lives and decision-making power, which in turn escort us to take action. Those actions might be aggressive, unjust, or depict sensitivity. Since actions and emotions are interlinked, it leads to various decisions, the outcome of which is a crime.

Crime impacts the whole of society negatively in the form of the destruction of properties, death of people, reduction of safety, and so on.The United States considers the first time assault and battery charge to be a serious crime. Similarly, The US dealt with various types of crime, such as street crime, drug crime, white-collar crime, and political crime. Here we will discuss street or violent crime, including assault and battery, and how you can deal with first time assault and battery charges.

Understanding Assault and Battery

Before understanding the strategies to evade the charges, it is pertinent to know the essentials of assault and battery. For some states, Assault and Battery are two different notions, not just in terms of punishment but also of the nature of the suit.

Assault is considered an attempt made by any person to put another person in fear of impending harm to the body. However, in battery, contact is involved, which causes damage to another person. From the above, we can interpret that battery is the continuation of an act involved in an assault.

Types of Assault and Battery

Assault

Sexual Assault:

When there is a threat to the victim that they can be at risk of molestation, rape, sodomy, and other sex-related crime, it is sexual assault. In this assault, certain acts are performed by a person against the victim.

Aggravated Assault:

Another term for aggravated assault is felonious assault. In this, it is required that some serious bodily injury or a weapon to cause harm is involved.

Simple Assault:

Some states define simple assault as a misdemeanor assault. In this assault, the weapon is not used to perform any act, as it simply involves a threat of immediate harm, and any physical injury is unnecessary.

Verbal Assault:

In simple terms, a threat is given using words that imply a threat of immediate injury to another person.

Battery

Civil Battery:

In this, the intention to kill is not there; it is a civil wrong and tort. Though in certain states, the battery is considered a criminal liability, sometimes it also involves civil liability, depending upon the nature of the harm.

Criminal Battery:

In a criminal battery, there is an intention to kill the other person with physical force. It also includes a domestic battery. Legally it is an unlawful touch that is harmful and is done to an intimate partner.

From the above, we can conclude that assault doesn’t require a weapon and force in all cases. Whereas, in Battery use of a weapon and force is an essential element.

Also, in an assault, an intentional act is requisite; however, in the battery, it is not.

First Time Assault and Battery Charge

Am I eligible to File a Suit in Defense of Assault and Battery?

Yes, one can file a suit in legal defense to challenge any assault and battery charges. However, every case will be different. Hence, here we will discuss a few points one should understand for a well-ordered defense process.

Allow Your Lawyer to Work

At the time of arrest or trial, the opposition party or police officer might treat you as a culprit even if you are at no fault. At that time, you’ll have the urge to argue with them. However, instead of arguing on your own, let your attorney talk. There can be circumstances where your statement can be turned against you. As a lawyer with expertise in local laws, he knows what strategies he has to adapt.

Be Honest With Your Lawyer

Concealing any facts because of any fear or for any other reason could be a wrong decision. As your attorney, he needs to be aware of all the facts, no matter whether you think it is helpful or not. Hiding anything might turn up against you and could increase your lawyer’s difficulties at the defense time.

Call the Police and Collect the Evidence

If you are under the apprehension of any threat or you have been through any incident, immediately call the police and take evidence of all the possible things.

Defenses Against First Time Assault and Battery charges

Accusing assault and battery charges can hamper your mental and financial health and reputation. One can take certain defenses depending upon their case. A few of the general defenses are:

Self-Defense

One of the crucial defenses is self-defense, though some cases might interpret this term differently. One needs to show that the force used was under the apprehension of a threat to the body or property, and it was not because of provocation from your end.

Defending Someone Else

It is also one of the defenses one can take because protection is not limited to oneself. A person under the apprehension that there is a threat to someone else property or body has used force, and it was not because of provocation by the same person.

No Intent

Assault and battery require the intention, and in defense, if there was no intention and a mere accident, you can get discharged from the charges.

Falsely Accused

There will be some incidents where you can be trapped in a false case. Such as in cases where there was consent between both parties.

How Lawyers Build Up a Defense Against Assault and Battery Charge?

Plan of Action

The basis of a defense lawsuit requires a proper plan of action. Here the attorney defines the steps from start to end by developing a theory and analyzing all the facts and circumstances.

Investigating Charges

Your attorney will collect and investigate the evidence from the alleged crime scene. Since all the charges are against you, your attorney will look at it from a different perspective and try finding out lope holes that will be helpful.

Guiding You Through Trial

The whole case depends upon what you can and must say because any statement can come against you. Based on experience and knowledge, your Lawyer knows how to present the case at the trial.

These are just a few basic pointers, as your attorney’s work is not limited to the above. Hence, hiring an attorney with expertise in assault and battery charges is required.

Conclusion

Not knowing how to evade the first time assault and battery charge could be scary, especially in a mutually heated argument and exchange where both parties are clear with their intention.

With professional help, it can be easier to understand the judicial system and the essential paperwork. The initial steps are the most crucial ones, and any mistake can weaken your defense. At this point, hiring the right attorney with expertise who can understand and smoothen the process for you is essential.

7 Qualities That are an Indication of a Good Truck Accident Lawyer – Guest Post

   

Truck Accident Lawyer

Suppose you are planning on hiring the services of a truck accident lawyer for your injury claim. In that case, you must do your due diligence and ensure that the law team has the experience and knowledge required to provide the best possible outcome. Hiring the right truck accident lawyer can make the difference between a compensation claim worth pursuing or one that has sat on the back burner for years. Only the best lawyers can prove all four elements of personal injury law, which is the only way to get fair compensation.

Here are 7 Qualities That are an Indication of a Good Truck Accident Lawyer

  1. A Good Truck Accident Lawyer Will Have Experience

To obtain results, you need a qualified truck accident lawyer who is experienced and has a proven record of success in such cases. Remember that accidents do not occur daily, so an experienced truck accident lawyer will know exactly how to proceed during a successful claim.

  1. A Good Truck Accident Lawyer Will Have a Full Understanding of the Negotiating Process

An experienced truck accident lawyer must be able to understand you as a client and approach your claims with the utmost professionalism and seriousness. They must also understand the intricacies of negotiating to secure the best possible result for your claim.

  1. A Good Truck Accident Lawyer Will Have Previous Experience wsith Your Specific Injury

An experienced truck accident lawyer will know exactly how to help you achieve the best possible outcome for your injury claim, which means they will have an intimate understanding of the type of injury you have sustained.

  1. They Will Provide Free Initial Consultation

A truck accident lawyer who values the importance of the client-lawyer relationship will provide you with a free initial consultation to feel comfortable in your decision to hire their services. After all, if you cannot afford representation or are not convinced by their services and want to hire another lawyer instead, then it would be best to know as soon as possible rather than later on.

  1. They Will Make Sure That the Claim Process Runs Smoothly

To achieve the best possible result for your claim, a good truck accident lawyer will work closely with you throughout the negotiation process, which can be difficult and time-consuming. If your lawyer does not keep you informed about developments or changes in your case, this can unsettle you and make it more difficult for you to provide your input.

  1. They Will Help You Identify Any Potential Legal Error

In a truck accident claim, the legal process can be complicated, and it can be challenging to identify any potential legal problems. Your lawyer will work with you to identify any possible mistakes and ensure you know all your options to help you avoid any further issues.

  1. The Best Lawyers Will Make Sure That You See the Results of Their Work Quickly

If your truck accident lawyer is not achieving the results they promised you; it is good to know sooner rather than later. It is difficult to determine whether or not a lawyer is capable of achieving the result you desire if you do not see what your outcome will be. It can make it challenging to decide whether or not to hire their services. Finding out the work of your claim will help you determine whether or not they can achieve the desired result.

The trucking industry sees many individuals falling victim to accidents due to their dangerous nature. With technology at its peak, many accidents could be avoided in today’s modern world if there were more safety practices in place.

Author

Author

Bala Adalarasan is a Digital Marketing Specialist. He is the founder and CEO of Orange Digital Marketing, a digital marketing agency that always stays in touch with modern technology. Legal, Technology, and digital marketing are three of his favorite topics to write about. He strongly believes technology can help humans to achieve unbelievable things that can make the future great. Bala’s personal motive is to raise people’s awareness of the value of technology in modern society through his writing.

Did You Know About The Eviction Laws Of Missouri? – Guest post

   

Eviction Laws Of Missouri

Missouri eviction laws are specific and landlords must understand them in order to procede with an eviction. This post will outline the basics of Missouri’s landlord-tenant law, including notice requirements and the eviction procedure itself. If you are a landlord or tenant in Missouri, it is important to know your rights and responsibilities under the rental laws of Missouri. So, let’s get started!

Table Of Contents

  • What is an Eviction?
  • Reasons For Eviction
  • General Responsibilities
  • Missouri’s Law
  • When To Start An Eviction?

What is an Eviction?

Eviction is the legal procedure that landlords employ to kick tenants out of a rental. A Missouri landlord cannot remove a tenant without first filing a lawsuit against them and succeeding in court. Whatever the basis for eviction, landlords must follow the legal procedure. Self-help evictions and illegal lockouts are two terms used to describe the removal of a tenant without a court order. Self-help evictions frequently involve changing the locks or forcibly evicting the renter.

If your landlord forcibly evicts you, get a lawyer and, if you feel safe doing so, get in touch with the police in your area. Gather critical personal belongings including your wallet, official identity, Social Security card, and birth certificate if you fear that your landlord would lock you out.

Reasons For Eviction 

  1. Breaks The Terms Of The Lease

If a renter breaks the terms of the lease, they risk being evicted. The provisions of the lease agreement must always be adhered to by both the landlord and the tenant.

Any lease provision that the tenant violates may result in eviction by the landlord. This is referred to as an unlawful detainer case in a Missouri eviction.

Tenant must receive a 10-Day Notice to Quit from the landlord informing them of their violation and impending eviction. The renter has 10 days to leave the rented unit after receiving the notice.

The landlord is not compelled under Missouri law to provide the renter a chance to correct the rule they broke.

In a Missouri eviction, lease violations include:

  • Injuries to the rental property
  • Smoking in places that don’t allow it
  • There are too many occupants in the rental property.
  • Housing a pet in a rental home or apartment that prohibits pets, etc. 

Eviction Laws Of Missouri

  1. Failure To Pay Rent

The most frequent cause of eviction is failure to pay rent. If a renter doesn’t pay their rent on time, the landlord may evict them.

In Missouri, one day after the due date, rent is deemed to be late. However, if the landlord and tenant were able to insert a clause about rent extension in their lease or rental agreement, a grace period to extend timely rent payment may be available.

Before a landlord can start filing for an eviction action, the tenant must be at least one month behind on their monthly payments, according to Missouri law. This indicates that rent has been past due for at least a month.

The landlord is not obligated to provide the tenant with any previous written notice prior to requesting eviction in a case involving failure to pay rent. The landlord is not compelled to give the tenant any notice, but they are free to do so.

  1. Non-Renewal Of Lease

In Missouri, a landlord cannot kick out a tenant without a tenant’s consent. The tenant is permitted to remain until the last of the renting period provided they do not break any rules.

However, if the renter continues to be a “holdover” tenant, the eviction procedure could start after the required amount of time has passed. A holdover tenant is a person whose lease expires without seeking a renewal. Even one day after the tenant’s formal lease expires, the landlord has the right to evict them from the property (and has not arranged for a renewal). This is referred to as an unlawful detainer case during the Missouri eviction process.

  1. Engaging In Unlawful Behavior

In the state of Missouri, a landlord is compelled to provide a tenant a written 10-day notice to vacate if they have engaged in criminal activities. This gives the renter ten days to vacate the rental home before the landlord can initiate legal eviction proceedings.

Unlawful behavior examples include, but are not limited to:

  • Substance abuse
  • Involvement with the manufacture, sale, or use of a controlled substance.

If the renter is still living there after 10 days, the landlord may start the eviction process.

No warning is necessary, though, if the unlawful behavior fits one of the following categories:

  • Violence or attack directed at the landlord or other renters
  • More than a year’s worth of rent’s worth of property damage
  • Criminal behavior involving drugs

General Responsibilities

Landlords should

  • Prepare the property so that tenants may move in.
  • Make and pay for any repairs needed because of normal wear and tear.
  • Do not shut off a tenant’s gas, electricity, or water.
  • Give written notification to tenants when property ownership is shifted to a new landlord.
  • Do not unlawfully discriminate.

Tenants should

  • Avoid taking on additional inhabitants or subletting without the landlord’s written consent.
  • On time rent payment.
  • Take reasonable precautions to prevent property damage.
  • Dispose of trash properly.

Missouri’s Law

The landlord-tenant laws in Missouri give tenants protection when renting from inattentive landlords and give landlords options for evicting drug dealers, abusive tenants, and anyone who are illegitimately occupying a space.

  • When a tenant permits a third party to occupy the property without the owner’s consent, the landlord can double the rent.
  • Allow county courts to issue orders requiring the immediate eviction of tenants engaged in drug-related criminal activity or violence, even if no one has been apprehended, as well as anybody inhabiting the property without the landlord’s consent. No prior written notification is necessary.
  • If a landlord purposefully interrupts utility service, unless it is necessary for health and safety reasons, it is considered forceful entranc and you can make your property owner guilty for it.
  • Allow a tenant to withhold half a month’s rent or up to $300 (whichever is higher) for the repair of code breaches when a landlord neglects their property, as long as they follow certain conditions and provide the landlord 14 days’ notice.
  • Except for children born during the term of the lease, only two people are permitted to occupy each bedroom.
  • Upon completing the necessary notice procedures, permit landlords to remove abandoned personal items.

When To Start An Eviction?

A court order is required before a landlord can evict a tenant.

Eviction proceedings may be started by the landlord if a tenant:

  • Harms the property.
  • Misses rent payments.
  • Breaks the lease’s conditions
  • Harms the landlord or a different renter.
  • Accepts criminal activities relating to drugs on the property.
  • Fails to leave the property when the lease is up.
  • Engages in unlawful gambling there.
  • Permits someone the landlord has previously barred from living there.

Bottom Line

Missouri’s eviction process is similar to other states in that it requires a landlord to give their tenant(s) notice before an eviction can take place. An eviction cannot happen without going through the proper channels, and there are specific laws in place to protect both landlords and tenants. If you find yourself in either situation, it’s important to familiarize yourself with Missouri’s Eviction Law so that the process goes as smooth as possible.

Timeshare Laws in Las Vegas – Guest Post

  

Timeshare Laws in Las Vegas

Choosing the right timeshare laws in Las Vegas is important if you want to make your timeshare stay in Las Vegas legal. If you are buying a timeshare, you will need to know the laws that you are agreeing to and how they can affect you. If you have a timeshare, you will need to ensure that you understand the maintenance fees and if you are planning to pass the responsibility onto your heirs. You will also need to know how to avoid unfriendly and uncooperative timeshare cancellations. A reliable Timeshare Attorney in Las Vegas can be your personal choice for your case.

Relatives can help you find timeshare laws in Las Vegas

Whether you are a timeshare owner or a timeshare aficionado, it’s important to be aware of Nevada’s timeshare laws. In addition to the state’s strict property rights laws, the state also sets out requirements for timeshare resellers and consumers. Among other things, Nevada’s timeshare laws prohibit deceptive practices. If you are a timeshare owner and find yourself in hot water, call the Nevada Department of Revenue for legal help.

The best part is that Nevada’s laws aren’t overly complex. For example, Nevada’s shortest and longest requirements are similar. The state requires that a developer provide a public offering statement in the event of an off-market sale. Similarly, the Nevada timeshare law also sets out the minimum requirements for a reseller to qualify for a business license. Similarly, Nevada law prohibits the sale of timeshares without proper disclosures.

Nevada’s timeshare laws aren’t the only timeshare snafus out there. Aside from the state’s strict property rights laws, some timeshare companies are more than happy to tack on fees and penalties that aren’t legal. In addition, resorts can also place accounts on your credit history, and pursue liens, wage garnishments, and other forms of collection.

Avoid unfriendly and uncooperative timeshare cancellations

Getting out of a timeshare can be a difficult process. You may be pressured into buying a timeshare that you do not want or may be given a “price of a lifetime” to cancel your contract. It is important to understand your rights as a timeshare owner before you buy.

If you are unsure of what steps you need to take, you can ask your timeshare company to provide you with a list of options. The list should include a price quote, a completion time frame, and a list of testimonials. You should also ask to see the work done.

You should never hire a company without seeing the work first. This could lead to inaccurate quotes and exorbitant fees. It is also important to find out if the company is insured. You should also check timeshare laws in Las Vegas to avoid any complications.

You can also ask for a referral from friends or co-workers. You may also want to look into the reviews for the company on Google and Angie’s List. This will give you important insight into the services offered and their quality of work.

Maintenance fees increase over time

Whether you’re a timeshare owner or someone who’s considering buying one, it’s important to know about maintenance fees. The amount of fees you’ll be charged will vary depending on the type of timeshare you’re looking at. These fees cover on-site maintenance, housekeeping services, grounds, utilities, and replacing broken items. You may also be required to pay special assessments for construction and repairs.

Most timeshares charge an annual maintenance fee. However, this fee may increase to cover the cost of inflation. It’s important to note that these fees can also rise at rates greater than inflation. It’s also important to know whether your management company has set a cap on annual maintenance fee increases.

When it comes to maintenance fees, the ARDA’s 2019 State of the Industry Report reveals that the average annual fee was $1000. Although this may seem like a lot of money, it’s a small fraction of the average cost of a timeshare.

Responsibility is passed on to your heirs

Whether you have a timeshare in Las Vegas, Florida, or any other state, you must be aware of your state’s timeshare laws. You’ll need to know if you have to pay assessments, what taxes are involved, and how your estate will be affected if you decide to leave your timeshare to someone else.

In some states, you’ll need to go to probate court in order to determine whether or not your timeshare will pass to the next heir. You’ll have to file a “Disclaimer of Interest” with the court. This will inform your heirs that you do not want to leave them your timeshare. If they want it, they’ll be expected to pay the fees and assessments. This is a costly court proceeding and can be stressful for your heirs.

You may be able to avoid this by naming co-trustees who can decide whether or not to keep the timeshare. You’ll need to talk to the developer, and they may be able to offer you assistance.

Rights And Duties Of A Lawyer – Guest Post

   

Rights And Duties Of A Lawyer

Introduction

Do you want to know the rights and duties of a lawyer? If yes, then you must consider some of the crucial facts that can assist you in meeting your objectives with ease. You have to go through the facts well before making your choices.

A lawyer can act as a real friend to the convict in a time of crisis. You have to understand the facts, which can boost your chances of winning the cases with ease. Try to figure out things that can make things work well in your favour.

You need to count on the duties and rights of the lawyers so that they can help you to meet your goals with ease. Ensure that the chances of errors are less.

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Rights & Duties Of A Lawyer  

There are several rights and duties of a lawyer which you must be well aware of. You need to know and understand the facts that can guide you to meet your objectives with ease. Figure out things which can boost your brand.

1. Maintain A Respectful Attitude Towards The Court   

You must show a respectful attitude towards the court. You need to identify the facts well while making your choices at the right end. Figure out things which can assist you in meeting your objectives with ease. Selection of the best lawyer can reduce the scope of the error to a great. Try to make things work well on your end. Ensure that you must ignore in making things too complicated on your end.

2. Keeping The Records Of The Clients Intact  

You must keep the records of the client intact. It will help you to meet your objectives with ease. Ignore in making things too complicated at your end. The more you can think positively, the better you can achieve your goals. Does an efficient lawyer know what to do? And how to do things with ease. Once you maintain the records of the clients properly or in a correct order, things are going to be easier for you.

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3. Providing Legal Advice   

You can provide legal advice to your clients. It will help you to boost your brand to the next level at the correct point in time. Once you start to provide your legal advice to the client, a lawyer tries to guide your client accurately in this regard. Ensure that the scope of the errors is as less as possible. It will make things work well in your favour.

4. Not To Take Instruction From Other Person Except Client  

You must not take any kind of instructions except the client. It means you must not share the secret information of your case with your clients. Otherwise, things can turn against you. Ensure that the scope of errors must be as less as possible. Otherwise, things can turn against you. You have to know the facts well before making your choices at the proper time.

5. Make Arrangement For Contingent Fee   

You must make an arrangement for the contingent fee. It will help you to boost your chances of winning the case in your favour. You need to make an arrangement for the contingency fee so that it can help your client to win the case with ease. Try to think proactively on your end. You must avoid making things more complicated. Figure out the best solutions which can guide  you to meet your target with ease.

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6. Influencing The Decision Of The Court   

An accurate and appropriate plead from the lawyer in the court will help you to influence the decision of the judge. It can influence the judge’s decision to such an extent that they will make the decision in your favour. It is an important responsibility of your lawyer, which you must know at your end. The more you can make your selection in the correct time frame. Ensure that you do not make things work in an inappropriate direction.

Final Take Away   

Hence, if you want to maintain the proper rights and duties of the lawyer, then you must consider the above factors, which can assist you in meeting your objectives with ease. You need to know some of the crucial facts in this regard if you want to grow your career as a lawyer.

You can share your views, opinions, and comments in the comment box to meet your goals with ease. Ensure that you must not commit any kind of mistakes from your end. Figure out facts which can help you to achieve your goals.

Figure out things which will guide you to meet your objectives with ease. The chances of errors must be as less as possible. Work out the perfect solution which can boost your career in the legal field.  It can influence the judge’s decision to such an extent that they will make the decision in your favour.

Tips for Maximizing Your Personal Injury Compensation – Guest Post

   

Personal Injury Compensation

A personal injury refers to an injury that results from an accident and often comes with physical, mental, and emotional damage. The accident typically happens because of another person’s wrongful conduct or negligence.

Personal injuries are inconvenient. They can result in people losing their wages or livelihood, aside from limiting their capabilities to perform important daily tasks. Additionally, injured parties may need hospitalization, treatment, doctor’s or professional fee, therapy, and prescriptions, which means medical bills can be quite expensive. More than anything else, though, personal injuries may also cause emotional pain or trauma.

If you are suffering from a personal injury, getting a lawyer will help you get personal injury compensation. Also known as a personal injury claim, personal injury compensation is a claim that financially reimburses or refunds people or individuals who suffered an injury because of another person’s negligent conduct.

There are two kinds of personal injury compensation: compensatory damages, which intend to refund your expenses for the injury and are common and available for practically all cases; and punitive damages, which intend to punish the defendant, especially if he is responsible for malicious or intentional acts such as fraud.

To maximize your personal injury compensation, you have to know everything that you can about the claim, as it will help give you an idea of what’s happening and what can be done about your situation. Talking to a personal injury lawyer is a good start, but having an idea of what to do is also just as important.

How to Get the Best of Your Personal Injury Claim

1. Seek medical treatment right away.

Even if you do not feel anything or there is no visible injury after an accident, you must get medical treatment immediately. Aside from helping ensure that you do not have any serious physical concerns, going to the doctor right away will provide you with relevant information, such as a detailed report of your injuries. All records that the physician will give you may prove helpful when your lawyer starts working on the case.

You have to keep all the documents, including therapy recommendations and treatment programs, safe and secure. These records will help paint clear visual evidence of the injuries and damages.

2. Get in touch with your personal injury lawyer first before calling your insurance company.

Insurance companies are a big help, but you need to talk to your lawyer first before notifying your insurance agent if you want a fair assessment of the damages and the compensation that result from them. It’s also in your best interest that the two parties coordinated with each other. 3

3. Keep a record of everything.

The more evidence you gather, the stronger your case will be. You should start documenting as soon as you can. Aside from your injuries and damages, you must take photos of the location and its surroundings, including the properties around the area.

Also, get in touch with the police right away. You have to provide authorities with the complete particulars of the accident. It is likewise vital to collect the other party’s information, specifically insurance and contact details.

4. Make a complete evaluation of your damages.

One of your lawyer’s priorities should be to examine all possible injuries or damages. A proper and complete evaluation is essential in determining the compensation or payout that you deserve.

5. Build your case slowly but surely and don’t take too much time to file.

Work closely with your lawyer and take time to build your case. You have to prepare all the records and documents carefully, and your attorney must have enough time to coordinate with the doctor who took care of you. It is also essential to talk to witnesses who can help strengthen your case.

However, it is also vital to take too much time to file your case. You have to keep in mind that there is a statute of limitations and that it has an expiration date. You need to file your claim right away so that you’ll have enough time to collect evidence and do everything necessary to get compensation for your injuries and damages.

6. Refrain from posting on social media.

Social media is powerful, and the effects are immediate. You may want to take advantage of this by posting details about your case, but it would be wrong to do so. By law, you are not allowed to divulge any aspect of your personal injury compensation claim until it is resolved or you reach a settlement with the other party.

If you follow the tips above and work closely with an experienced personal injury lawyer, getting the most of your personal injury compensation will be easy.

About the Author

Andrea Williams is the Community Manager at The Law Offices of Alcock & Associates P.C., a premier law group in Arizona that provides legal services to clients involved in Personal Injury, DUI, Immigration and Criminal cases. She enjoys cooking, reading books and playing minigolf with her friends and family in her spare time.

Supervised Probation vs. Court-Monitored Probation – Guest Post

   

Supervised Probation vs. Court-Monitored Probation

Supervised Probation vs. Court-Monitored Probation

Improve your understanding of Missouri’s criminal justice system by examining supervised probation vs. court-monitored probation. In Missouri, a judge may sentence defendants to two different types of probation: suspended imposition of sentence (SIS) or suspended execution of sentence (SES). Probation then splits further into supervised probation and court-monitored probation.

What Is Supervised Probation?

Supervised probation is a more strict form of punishment that the Missouri Department of Corrections, Division of Probation and Parole usually handles. Discover what supervised probation means and who supervises

What Does Supervised Probation Mean in Missouri?

Supervised probation in Missouri can mean several different things depending on the nature of the offense and the defendant’s criminal history. In general, probationers must abide by the specific terms of their probation, including monthly visits to the local probation office or private probation agency.

Other common probation terms include drug testing and installing of ignition interlock devices on vehicles. The court transcriptionist will create a record for probationers to refer to regarding their conditions of probation.

Who Else Supervises Probation in Missouri?

In Missouri, private entities can supervise probation for A, B, C, and D misdemeanor convictions. Otherwise, the Division of Probation and Parole handles supervised probation for felonies and misdemeanors.

Supervised Probation Rules Missouri

Supervised probation imposes several standard rules and conditions on probationers. To avoid violating probation and risking jail time, probationers must:

  • Obey all laws
  • Hold a job
  • Abstain from drug use
  • Obtain permission for travel
  • Avoid other convicts and probationers
  • Dispose of all weapons

Aside from the standard conditions of probation, some of the most common special conditions include:

  • Ankle monitor with curfew
  • Court-ordered home monitoring
  • Stand-alone monitoring
  • House arrest

What Is Court-Monitored Probation In Missouri?

Court-monitored probation is a less strict punishment usually reserved for first-time misdemeanor offenders. Often called court-supervised probation or bench probation, this form of probation requires the probationer to visit the court at regular intervals instead of a probation officer.

What Does Court-Monitored Probation Mean in Missouri?

Court-monitored probation means probationers do not meet with a probation officer. Instead, they check in with the court’s probation clerk. They must also pay their probation fees at the court.

Court-Monitored Probation Rules Kc, Missouri

The rules for court-monitored probation remain almost identical to supervised probation. Probationers must meet all of the same basic conditions plus any specified conditions laid out by the judge. Some of the most common court-supervised release conditions include the completion of:

  • Substance Abuse Traffic Offenders Program (SATOP)
  • Victim Impact Panel (VIP)
  • Adolescent Dependency Education Program (ADEP)
  • Missouri Sex Offender Program (MOSOP)
  • Anger management classes
  • Psychological evaluation
  • Community service
  • Driving school

What Are the Differences Between Supervised Probation and Court-Monitored Probation?

When contrasting supervised probation vs. court-monitored probation, the distinctions become readily apparent. These differences between supervised probation and court-monitored probation can significantly impact a defendant’s life.

Court-monitored probation is preferred because it usually does not count as a conviction if all conditions are met. It’s also easier to expunge court-monitored probation because no sentence has been imposed. This benefit offers defendants a clean slate for first offenses. Also, court-monitored probation rarely involves home visits.

What Are the Similarities Between Supervised Probation and Court-Monitored Probation?

Supervised probation and court-monitored probation have many similarities. They are both punishments that courts issue instead of jail time and share many of the same rules. Both punishments require probationers to check in periodically and pay fees. Supervised probation and court-monitored probation may share some of the same conditions, like a court-ordered GPS monitor.

The Future of Probation: Smartphone Probation Monitoring

Several jurisdictions around the country have introduced smartphone probation monitoring in addition to other forms of probation. As this trend continues to grow, we can expect the practice to become commonplace by the end of the decade. Some of the things courts, probation officers, and private probation entities monitor on probationers’ phones include:

  • App use
  • Contacts
  • Phone calls
  • Texts and messages
  • GPS location
  • Browser history

Probation FAQ

Is probation a conviction?

Probation is not a conviction. Probation serves as a lenient form of punishment that follows a conviction. Violation of probation terms can lead to the imposition or execution of a sentence.

What is misdemeanor probation?

Misdemeanant probation is a punishment given for a misdemeanor conviction. Also called misdemeanor probation, this form of punishment can take the form of supervised or court-monitored probation.

Can you be around alcohol on probation?

You can be around alcohol on probation unless your conviction was alcohol-related. In fact, you can drink alcohol while on probation barring any specific conditions laid down by the judge to prohibit alcohol consumption. The person who provides court transcription services will create a record for probationers to refer to if they remain unsure about prohibitions regarding alcohol.

Can you violate probation and not go to jail?

You can violate probation and not go to jail. The judge will decide whether to modify your probation with stricter conditions or revoke your probation and impose or execute a sentence, which could include jail time.

How do I get court-monitored probation instead of supervised probation?

You can get court-monitored probation instead of supervised probation by securing adequate representation to avoid conviction on the most serious charges against you. Hiring an attorney with extensive criminal court experience, supportive staff, and an accurate courtroom transcriptionist can mean the difference between supervised probation vs. court-monitored probation.

How to Register a Business in the UK – Guest Post

   

Register a Business in the UK

If you’re thinking of starting your own business, you’ll need to register with the government first. There are a few steps you’ll need to take, and our guide will step you through everything.

We’ll explain the rules and regulations surrounding business registration and provide you with all the information you need to get started. So if you’re ready to start your own business, keep on reading the blog!

Determine a Company Structure

Before you can register a business in the UK, you’ll need to determine a company structure. There are a few different company structures that you can use when registering a business in the UK. The most common of these is the limited company, which is a legal form designed for businesses with fewer than 50 employees. In addition to using a company structure, you’ll also need to file certain paperwork with the government.

The limited company is hierarchical, which means that the members of the board of directors are responsible for running and managing the business. This type of structure is good for businesses that want to be flexible in their management and aren’t afraid of risk. It’s also popular because it has many benefits, such as tax advantages and protection from lawsuits.

Another common business structure used in the UK is a partnership. This type of company consists of two or more people who establish an agreement to share profits and losses between them. Partnerships are good for small businesses that don’t have the resources or manpower to operate as a limited company or an LLC (a type of LLC specifically designed for startups). They’re also popular because they’re easy to set up and manage.

If you’re unsure about which kind of company structure would be best for your business, you can consult with an attorney or accountant who can help you make decisions based on your specific situation.

Register Your Company Name

To register your business in the UK, you first need to choose a company name. You can either choose a name that’s already registered, or you can register a new name.

When choosing a company name, make sure that it’s catchy and easy to remember. It should also be relevant to your business, and it should be able to easily be trademarked if you plan on selling products or services under that name. Finally, make sure that the name is not already being used by another company.

Once you’ve chosen your company name, you’ll need to submit it for legal review. This will ensure that the name is free of any trademarks or copyright restrictions and that it’s suitable for use in the UK (among other countries). Once the review is complete, you’ll be able to start using your business name!

Get Legal Advice

It’s always a good idea to get legal advice before registering your business in the UK. This is especially true if you’re uncertain about any of the steps involved in setting up your business. A lawyer can explain all the details of the process and help you make the best decisions for your company.

They’ll also be able to provide you with resources and advice on how to deal with any potential problems or issues that may come up.

Getting legal advice is essential if you want to avoid any potential headaches down the line. By doing so, you’ll be able to focus on running your business instead of worrying about all the administrative aspects.

Register the Trademarks

To register a business in the UK, you need to obtain a trademark must. A trademark is an identification mark that distinguishes your product or service from those of your competitors. It can be a word, symbol, design, or some other unique feature that identifies your product or service and allows customers to easily identify it.

To do this, you’ll need to file a trademark application with the UK Intellectual Property Office (IPO). The process can be a little bit difficult, but it’s definitely worth it if you want to ensure that your business is able to hold onto its intellectual property rights.

Once you’ve filed your trademark application, you’ll need to keep track of any updates or changes to it. You should also make sure that all of your trademarks are updated and accurate in order to avoid any legal disputes down the line.

Your Registered Address

To register a business in the UK, you need to provide a registered address. This can be your home, an office, or any other place where you plan to carry out your business activities.

The registered address is important because it will allow you to receive all the required paperwork and tax documents. It will also let you open a bank account and apply for various government grants and loans. You’ll also need to provide contact information for both yourself and the person who will be responsible for running the business.

Finally, Submit Your Application

To register a business in the UK, you’ll need to complete a few document formalities. The most important of these is submitting an application form to the relevant government department. You’ll also need to provide proof of your business’s legal status and identity, as well as information about your company’s owners and directors.

Once you’ve completed all these requirements, the government will review your application and assess any potential risks or issues. If there are no objections, then they will issue you with a business registration certificate.

In addition, make sure to update your company information as necessary so that everyone who needs to know knows about your new business!

Conclusion

To conclude, if you want to establish a new venture but don’t know where to start or how to properly register a company in UK, we suggest starting from these steps one by one until it becomes easier for you. After clicking each step as described above, sit back and relax because soon enough, your journey into entrepreneurship will begin!

How to choose a criminal defense lawyer – Guest Post

   

choose a criminal defense lawyer

Choosing a good criminal defense lawyer can be more difficult than it looks. Understanding the rules that should guide you can become very difficult when there are so many professionals, especially when we don’t even know how professionals in the field really work.

First, remember that looking for a criminal defense lawyer, whether defending or assisting in the prosecution, always has the objective of fulfilling the constitutional rights of all citizens. This should be the guiding principle for representing your firm, as we do at KC Defense Counsel.

It is important to know how to hire the ideal professional for you. It is important to find reliable and professional firms with a strong reputation in the market who have the experience and knowledge necessary to take on your business responsibly and successfully.

In addition, a good criminal lawyer understands the emotional suffering involved in every criminal process, honouring this human aspect of his client, reassuring him and showing him the solution.

Keep reading and check out how to choose a criminal defense attorney.

Some points to observe when choosing a criminal defense lawyer

To choose a criminal defense lawyer correctly, there are several points that can be observed, but in this text, we list only a few that we consider very important.

1 – Look for a criminal defense lawyer who has represented many people in the area you need

Everything in life is improved as we practice. It was like this when we started walking, the first time we rode a bicycle, and it was like this to deal with people.

With the criminal defense lawyer, it is no different, a lawyer who has worked in many causes has much more experience than a lawyer who is at the beginning of his career.

In addition to knowledge and experience, other factors are also important.

It’s best to find a lawyer who has no distractions in his professional practice. In these cases, it is not uncommon for attorneys to be completely unaware of the conduct during the hearing while contemplating the debt. I remember hearing someone say that financial health is one of the biggest concerns of human beings.

Therefore, I would avoid indebted lawyers because it would not be safe for someone who is more concerned with overdue bills or needing to sell his assets to pay the bills than preparing the respective procedural documents to represent me.

KC Defense Counsel has represented thousands of people accused of serious crimes ranging from violating city laws to kidnapping, drug possession and armed robbery. KC Defense Counsel clients can be assured that their cases will be handled professionally and in a timely manner.

  1. Search for criminal defense lawyers who have achieved great results in similar cases

The second most important point is to search for criminal defense lawyers who have achieved great results in criminal cases.

KC Defense Counsel clients consistently experience excellent results. KC Defense Counsel provides a variety of services to its clients, including plea bargaining, trial preparation, transit defense and much more.

The attorneys at KC Defense Counsel work hard to ensure that each client achieves the outcome they desire.

3 – Look for a lawyer who is available, who takes calls and responds to emails

You also need to choose a lawyer who is available to answer calls and respond to emails. It’s hard to trust integrity if the professional doesn’t answer the phone or respond to emails. What if there is an emergency?

4 – It’s not good to save money. Choose for quality and not for price

Lawyers who charge extremely low fees can make several defenses. Soon, he didn’t have time to dedicate himself to each client. For this reason, I would never select/hire a criminal lawyer based on the low value of their fees.

The quality and availability of time are more important than the “bargain”.

But this is not a rule, and it may be that in some cases, a professional who charges cheaply can provide a good service. Although it is normal for many people to associate professional value with good performance at work, it is important to spread a different thought because this is not true.

The best professionals are not always the ones who offer the highest prices, as each case is different and has a different degree of severity.

This requires a prudent lawyer. Some lawyers will comment on the cases they handle on social media, which can cause great discomfort, even without mentioning the client’s name.

5 – Choose a criminal defense lawyer who has recommendations

And the last tip on how to choose a criminal defense lawyer is to choose a criminal defense lawyer who has recommendations.

You can look at recommendations from social networks, Google My Business and other local listings, but don’t just rely on that. This can be circumvented, also, ask for recommendations from people you know.

It is best for me to go with a lawyer referred by someone I trust (other service providers, such as a lawyer from another area or my accountant, or someone who has already used their services).

Unlike restaurants, movies or series, risking the unknown is not advisable when it comes to criminal defense.

In addition, I would look for a lawyer who assumes a regular accountability commitment, that is, who regularly (at least monthly) informs me in writing of everything he has done in my defense during this period, without me having to cover this information.

And finally, now that you know how to choose a criminal defense lawyer, share this text on your social networks so that other people also know how to make a choice. And if you need a good criminal defense attorney, you can count on KC Defense Counsel.

Observing Road Safety In The Time of COVID – Guest Post

   

road safety lawyers

You would think that with fewer vehicles on the road due to COVID-19 lockdowns, the streets and highways would be safer, and the number of road accidents would drop.

However, the number of people killed in road mishaps in the United States instead rose 4.6% from January to September 2020, according to the National Highway Traffic Safety Administration (NHTSA).

Authorities are blaming the increase in traffic crash-related deaths on the risky driving behavior of people who get lulled into a false sense of security by the dearth of vehicles on the road.

Because driving lanes have become so much broader and clearer, many drivers took to driving faster than usual. They probably saw that there is a lack of enforcement due to the pandemic, which emboldened them to speed up and commit all kinds of traffic violations.

Still, the perceived lack of traffic stops in the time of COVID-19 is not an excuse to neglect road safety. To avoid becoming a statistic or facing, among other things, vehicular endangerment charges, it would be in your best interest to do the following:

Follow Speed Limits

Most people have a need for speed, and it’s really tempting to fill that need when there are so few vehicles on the road.

Nevertheless, fewer vehicles on the road don’t mean it’s safe to drive fast. You could lose control of your car at certain speeds, and you could hit a road barrier, the few other vehicles on the road, or worse, pedestrians or cyclists.

Follow speed limits at all times, pandemic or not.

Wear Your Seatbelt At All Times

With more drivers driving at faster speeds during this pandemic, there is always the risk that you’ll cross paths with one of them.

To be on the safe side, always buckle up when you go driving. After all, wearing your seat belt is the single most effective way to protect yourself in the event of a crash.

When buckling up, always remember to:

  • Secure the shoulder belt across the rib cage and the lap belt across your pelvis to better withstand crash forces.
  • Keep the shoulder belt away from your neck.
  • The lap belt should not rest across your stomach. It should be firmly placed across your hips.
  • Refrain from putting the shoulder belt under your arm.

Follow All Traffic Signals and Road Signs 

Having fewer cars on the road is not a license to ignore traffic signals and road signs.

Even when there are no other vehicles at an intersection, always wait for the traffic light to turn green. A speeding driver emboldened by the near-emptiness of roads might just pop up trying to beat the red light, and you wouldn’t want to be on that vehicle’s path.  

Never Tailgate

Far too many road accidents have been caused by people driving too close to the car in front of them. 

Aside from possible car damage that may result if the vehicle ahead of you suddenly steps on the brakes, you could get involved in a road rage incident that could even be more dangerous.

In a world where there are fewer cars on the road, it wouldn’t make a lot of sense to be tailgating with all the available space. It would be even more senseless to do this when the driving conditions are bad, like wet or icy roads.

The three-second rule applies during COVID-19 as much as it did before it became a pandemic. 

If you pass a tree, telephone pole, or any fixed object less than three seconds after the vehicle in front of you passed it, then you are too close. Reduce your speed to increase the separation between your cars.

Keep Your Situational Awareness At A High Level

As mentioned earlier, the reduced number of vehicles on the road due to the pandemic can lull you into a false sense of security. Some speed up, while others ignore road safety rules.

Then there are those who become complacent about their driving and lower their guard.

There is no road scenario that allows any driver to be lax about their situational awareness. 

Drivers must always be alert and mindful of other vehicles, drivers, and pedestrians, even when there are few of them around. Constantly scanning your entire driving environment can help keep you out of trouble.

Never Drive Impaired

Drunk driving has already ruined the lives of tens of thousands of people long before the pandemic.

Although some areas reported a decline in driving under the influence or DUI arrests in the time of COVID-19, others aren’t so lucky.

DUI will always be a criminal offense, with or without a global pandemic.

If you get arrested for DUI during COVID-19, your risk of contracting the coronavirus will likely increase, as you will be spending a night (at the very least) in jail, sharing a cell with strangers who could be carriers.

And if you drive drunk or high on drugs, you could get involved in a car crash that might hurt other people.

Always stay safe on the road, even long after the COVID-19 pandemic goes away.

What is the legal BAC Limit? – Guest Post

   

legal BAC Limit

The legal blood alcohol concentration (BAC) limit is 0.08%. If you blow higher than 0.08% on a breathalyzer— or 0.02% for drivers younger than 21—you’re considered legally drunk and can be prosecuted.

Before you get behind the wheel after even one drink, you should know the drunk driving laws and how they can affect you.

How is BAC Measured?

Your blood alcohol content can be measured in several different ways:

  • Breathalyzer test—uses chemical reactions to determine how much alcohol you have in your system
  • Blood test (chemical test)—uses a small needle to draw a blood sample from the arm or finger and sends it to a lab for testing
  • Urine test—samples and tests your urine for drugs and alcohol at the police station or hospital
  • Saliva testing—is used when people have consumed alcoholic beverages over an extended period (not commonly used because they’re unreliable compared to other BAC testing methods)

In most states, you are subject to implied consent laws. If you’re pulled over on suspicion of driving under the influence, you have pre-consented to having your blood alcohol levels tested. 

Drunk Driving Laws

There are many laws that address impaired driving. The most important are Driving Under the Influence (DUI) and Driving While Ability Impaired (DWAI).

DUI Laws

DUI—is the more serious of the two offenses and applies if you’re operating a motor vehicle and:

  • Have a BAC level of 0.08% or greater
  • Are under the influence of alcohol or a controlled substance
  • Have any amount of a controlled substance in the body

DWAI Laws

DWAI only requires police officers to prove that you showed visible signs of impairment due to drug use or alcohol abuse. This can include several factors, like slurred speech, poor judgment, and difficulty walking.

Increased Penalties for Drunk Driving

Consuming excessive amounts of alcohol or drinking faster can cause your BAC levels to increase quickly. If you’re pulled over with a BAC of 0.17% or higher, you will incur longer jail time and higher fees.

You will also face enhanced penalties if you were driving with a minor in the vehicle (16 or younger) or were operating a commercial vehicle.

Your Rights After Being Pulled Over For Drunk Driving

Driving while intoxicated is viewed as a threat to public health. Any form of alcohol use before driving will be heavily scrutinized. If you have been drinking, you must protect yourself by knowing your rights under the law.

You Don’t Have to Submit to Field Sobriety Tests

Implied consent laws only apply after you’ve been arrested for drunk driving. You do not have to submit to field sobriety tests or a preliminary breath test. These tests only exist to give the officer evidence that you were operating the vehicle with a BAC above the legal limit.

Once you’re taken to the station, then any subsequent refusals of a BAC test will be penalized. 

You Have the Right to Remain Silent

Even a standard drink can cause impaired judgment. Exercise your right to silence. You do not have to answer all the questions the police officer asks you. Talking too much can cause you to self-incriminate and offer more evidence against yourself.

You Have The Right to Retain Representation

Driving while intoxicated is a hard charge to beat—it’s your word against theirs.

A DUI lawyer works on these types of cases day in and day out. They can protect your reputation and keep you out of jail.

Contact an experienced DUI Lawyer for assistance

Many factors affect BAC, like body weight, how much food you’ve eaten, and alcohol tolerance. A blood alcohol test doesn’t account for those facts and shouldn’t define your future.

If you’ve been arrested for a DUI, you need a DUI lawyer to help you fight the charges. Contact Chaput Law to discuss your options.

Top 5 Real Estate Privacy Risks for 2023: What American Landlords and Property Managers Should Know – Guest Post

   

Real Estate Privacy Risks

Landlords and property managers have access to a big sum of information and data. Personal data should be protected at its fullest potential. In the United States, there are certain regulations to organize the safety norms between landlords and tenants. Although landlords need to have information about who they are letting live on their property, there are limits to what information they have the right to access.

These are the essential privacy risks that American landlords and property managers need to know about to take precautions.

1.  Security

Landlords and property managers are legally required to protect the tenants’ private data. Any confidential information that a property owner can access must be secure. This includes information that tenants put in their applications, like security numbers, criminal information, source of income, etc.

Any basic information can be used by criminals for identity theft. Since the landlords have all the data, they must safeguard it. According to the California Privacy Rights Act, every Californian individual has a right to privacy. Therefore, if a landlord ends up sharing the private information of a tenant in any manner, the tenant has a right to sue.

2.  Internet of Things

The Internet of Things, also known as IoT, stands for technologies such as smart locks and other devices that can be controlled with the network. The Internet of Things and the Internet of Real Estate can increase the value of a property, therefore your property manager might advise you to use it. However, they will also advise you to be extra careful while safeguarding the smart key.

If a smart key is read by someone other than a trusted person, you might face a big safety problem. Since the landlord can enter the property at any time, there are only several circumstances under which they are allowed to do so. The landlord can only use the smart key and their information about the lock if there are emergencies. There are important repairs that need to be made (with the tenant’s knowledge) and showcase the property to new tenants if the old ones are moving out.

3.  Privacy Notices

GDPR is General Data Protection Regulation. GDPR sets legal requirements for landlords to protect tenants’ privacy. Before the tenancy agreement is finalized, the property owners are obliged to send the tenants a privacy notice that sets out the landlord’s privacy policy.

The privacy notice should contain the landlord’s name and contact details. The notice is necessary to clear the air, therefore, it should include information about why the tenants should give their personal information to the property owner, what it might be used for, and for how long. The privacy notice must follow the guidelines of GDPR. Therefore, it’s recommended that the landlords read about the norm and get familiar with it before creating a privacy notice.

A landlord can be addressed as a data controller, any individual or group that has a right to determine how and why a tenant’s information can be processed. The data controller is legally obliged to protect all of the personal details in their hands.

4.  Data Rights

Tenants have a right to their data privacy that a property owner and property managers must protect. As a landlord, the law restrains you from using the information regarding the tenants’ usage of utilities and internet service.

According to The New York City Council, the property owner is prohibited from “misusing the smart access system to track the frequency and time of use of the system to harass or evict a tenant”.

The tenants are provided a right to take action if their privacy is violated. Therefore, if the landlord decides to sell the data collected unlawfully through the smart access system, the tenant can sue.

5.  Vendor Management

The landlords must oversee the vendors and participate in their management or hire a good property manager to take matters into their own hands. State privacy laws legally require companies to include specific minimum data protection terms in their vendor contracts. There must be certain restrictions to using private data. The tenants’ personal information should not be floated.

The procurement departments must also have a privacy consul to educate them about the usage of personal information. The minimum privacy requirements must be protected by the landlords according to the law. It’s the property owner’s responsibility to see to the tenants’ information security.

Concussion

There are some details that property owners and managers must pay close attention to while handling the private data of a tenant. The most essential action a property owner can take is to go through the law in detail. It’s important to learn your state’s legal system and requirements to fully protect and secure the personal information a tenant gives you. The landlord is obliged to keep the tenant’s trust, build a better relationship, and make sure that any private data is safe.