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

   

arson criminal lawyer

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

What exactly is arson?

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

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

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

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

Which properties are in danger?

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

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

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

How to Aid in the Prevention of Arson Attacks

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

How do you deal with an insurance adjuster after arson?

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

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

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

Red Flags

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

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

Level Of Evidence

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

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

Arson

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

Investigation of the insurance

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

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

Hire a Lawyer

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

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

 

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

   

Health Insurance Portability and accountability act HIPAA and stethoscope.

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

Defining HIPAA Compliance

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

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

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

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

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

HIPAA Violation

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

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

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

HIPAA Violation Penalties

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

Civil Penalties

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

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

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

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

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

Criminal Penalties

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

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

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

 

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

 

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

To conclude

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

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

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

 

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

 

Important steps to take before you register a trademark- Guest post

   

register a trademark

Many business owners launch their brand or product without considering the trademark registration process. You can save yourself a lot of time and effort (and money) by taking these simple steps before you hit the market. They will help you avoid potential issues that could delay your trademark registration process.

Registration search before registering a trademark

The first and most important step is to do a trademark registration search.

You will discover registered marks within Australia by doing a simple trademark search before your lodge an application to register a trademark. It will reveal if your mark is similar or identical to another company’s mark. If so, this could be a factor that leads to your application being denied. You’d need to make changes to your mark before you apply again to avoid infringing on the rights of an existing trademark holder. You’ll also be able to determine if your mark or logo is eligible for trademark protection.

It’s advisable to work with a trademark professional if you are doing an in-depth search. They will advise you of how to proceed, and many offer a service where they do a preliminary and comprehensive trademark search at a fixed cost rate.

If you want to get started, here are some free resources offered by IP Australia you can look into:

  • Australian trademarks Online Search System

ATMOSS gives the most important information about similar or identical trademarks to your own. It includes all of the currently registered trademarks and all pending applications and records of their progress.

  • Classification Search

You can use the classifications search to help you determine which class or classes you should file your goods or services under.

  • trademark Check

This will help reveal if your business name infringes on a registered mark that is identical to similar to your proposed mark. If the mark is confusingly similar to yours, yours will not be registered.

  • trademarks Image Viewer

You can use this tool to view trademarks that include images or typescripts.

  • Business Names Applicant Search.

You can use this tool to get details on business name availability. Use it before you attempt to register your business name with ASIC.

Determining what can be trademarked

Another area to explore before applying for a trademark is to look into what you can and can’t register. The trademarks Act 1995 defines a trademark as a ‘sign’ used to distinguish goods or services from those used by other similar traders. It’s pretty broad as it covers a range of ‘signs’ used alone or in combination. Ask yourself if any of the following are relevant to your service or product to determine if they might be available or not.

  • Is there a brand, heading, letter, word, or name used to distinguish my goods or services from others?
  • Is there a signature or numeral that is used that distinguishes my goods or services from others?
  • Is there a label, ticket, or form of packaging that is used that distinguishes my goods or services from others?
  • Is there a shape, colour, scent, or sound used to distinguish my goods or services from others?

Note that any mark that is considered to be too descriptive will receive an adverse report. Some marks that may be a little descriptive might still get approval based on evidence of use but some are simply too descriptive to ever be registered. For example, if you tried to register the word ‘smartphone concerning a ‘smartphone’, it wouldn’t be registered. Likewise, any mark that is against the law or is considered ‘scandalous’ will be rejected.

What happens if someone has a similar business name registered to my proposed trademark?

If your search reveals an individual has registered a business name that is similar to yours, there’s no need to panic. When you file your trademark application, IP Australia conducts a database search of pending and registered trademarks. If this rival company has not applied for or registered a trademark for their business name, IP Australia will not prevent you from registering that trademark.

The only risk with this is that once the trademark has been accepted for registration, you may find an opposition being filed against it by the other business. Any third party has a two-month time frame in which they can lodge an opposition to a trademark. If they feel they have a reason to lodge an opposition to your application in this window, they have the right to do so. Or, if the competitor has a strong reputation in the name, before you, they may have common law rights to act on even if you register the trademark first.

A trademark attorney is the best port of call if you find yourself facing opposition. Even better, they will warn you if you are at risk of this happening if you discover someone has a similar business name registered as a trademark and how you can defend your position.

nd your position. 

Can I Sue Someone for a Car Accident If There’s No Police Report? Guest Post

   

Car Accident

When pursuing compensation after a car accident in Texas, the police report forms an essential part of the necessary evidence. It offers the written account of the police’s assessment of the accident scene, eye witness reports, damages to the vehicle, and the victims’ injuries.

While the police report can help expedite your claim, it does not determine fault at trial. In simple terms, its absence cannot bar you from filing a lawsuit against the other party if injuries become evident after several hours or days.

What if the police didn’t show up?

The police may not always show up after an auto collision. In such a case, you have a legal obligation to report the crash within ten days to law enforcement.

However, that may not be necessary if there are no apparent injuries, death, or the property damage is insignificant. You and the other party may agree to walk away without calling the police or filing a report. If that happens, bear in mind that your chances of winning may be limited in case injuries become evident after some time or the other party decides to turn against you and sue you.

That’s where skilled Corpus Christi car accident attorneys come in. The right team of lawyers will ensure you are on the safe side if the other party decides to sue. Better still, your attorney can help you recover the compensation you deserve if you get injured in an accident and do not have the police report.

What should I do after a car accident if there’s no police report?

 

Get the other driver’s personal information.

When the police fail to show up and the other driver(s) involved are at the scene, taking their information can be critical. These should include:

  • Their full legal names, address, and the license plate number
  • Make and model of the vehicle(s)
  • Insurance information
  • Date and the location of the accident

Take pictures and video footage of the accident scene. 

As soon as you establish that it is safe, it’s important to document the accident scene. Take photographs and video footage of the scene. While at it, make sure that the photos you take clearly show the extent of the damage, injuries sustained, the other vehicle’s license plates, and anything else that could be relevant to your case.

Call your insurance company.

Fault notwithstanding, making a report of the accident to your insurer as soon as possible is essential. Most insurance policies require that you make a report to their office in case of an accident. Other than remaining on the insurer’s records, the report can serve as evidence of the crash where a police report is missing.

Collect witness reports. 

After an accident, it’s always necessary to talk to people who may have witnessed the accident happen. Among them, you may be able to identify individuals who are willing to help you as witnesses to your case.

Video footage from nearby businesses or homes. 

If your accident happened in a residential area or near business premises, checking to see if they have CCTV surveillance can help. CCTV footage can be used in court by the Corpus Christi car accident lawyers you hire to prove fault in court.

Let our Corpus Christi car accident attorneys handle your personal injury case.

If you have suffered an injury in an auto crash and are feeling stranded for not having the police report after a car accident, don’t despair. The experienced Corpus Christi car accident attorneys at Burkett Law Firm can help you with your case.

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What You Need to Know About Child Protection Orders- Guest Post

   

Child Protection

What You Need to Know About Child Protection Orders

Children are vulnerable in nature and need maximum protection, not just from family and relatives, but also from the government. Laws that mitigate abusive behaviours protect children, covering their basic rights for a normal, safe, healthy, and happy life. The alarming increase in child abuse in the UK highlights the importance of child protection orders to safeguard their well-being.  It is not unusual for households with domestic violence that children suffer from physical, mental, verbal, psychological, or sexual abuse.  This is when child protection orders come in full force. 

What are child protection orders?

Child protection orders are designed to protect the child from an abusive family member or any person who intentionally harms him. They are also applicable in cases where the child’s basic needs are neglected. After a thorough review of the pieces of evidence and testimonies from credible people, the court may issue any of the following child protection orders:

  • Interim care orders (ICO) – They give parental responsibility to the local authority or social workers to place the child in the care of a carer or anyone in his extended family like a grandparent, aunt, or uncle. 
  • Interim supervision orders (ISO)– The type of orders that place the child under the local authority’s supervision, but allow the parents or guardians to have parental responsibility. 
  • Emergency protection orders (EPO) – In exceptionally serious situations, the court issues an EPO to allow the local authority to remove the child from the present home environment along with limited parental responsibility for the child. The order takes effect for up to 8 days and can be extended for another 7 days if the court sees the danger is still present. 
  • Child assessment orders – These orders instruct the parents to make sure that the child is available for psychiatric, medical, or social work assessments when the court says it is necessary for the case. 

Who is allowed to apply for child protection orders?

Anyone can apply for child protection orders if they believe that the child is neglected, ill-treated, or abused in ways that cause significant harm or likely to harm him. 

  • A biological parent
  • A family member
  • A guardian
  • A grandparent
  • Local authority or social worker
  • NSPCC
  • Police
  • Any person who has shared parental responsibility for the child

How to file for a child protection order?

To obtain any of the child protection orders,  the applicant should fill out a form, petition for the order, and file it to the court. The petitioner needs to prove that there is a valid reason for getting a child protection order. It involves submitting assessments, witness testimonies, and other pertinent evidence that will support your request. From there, the court will review the request and the supporting documents and make a decision to grant or deny the request.

Why is there a need for child assessment?

If after the enquiries, the evidence shows that the child is suffering significant harm or likely to suffer significant harm, the court and the parties involved in the case can decide to know more about the situation of the child. This may result in a series of assessments conducted by an independent expert agency. The parents, guardians, social services, and other qualified individuals will be asked to share their insights. The court will assess the report and use it to make a decision. 

Are child protection conferences necessary?

Child protection conferences (CPCs) are arranged by the social services to pool information and discuss any relevant issues and concerns of people who care for the child. 

  • Parents
  • Guardians and carers
  • Family members
  • Older siblings
  • Teachers, doctors, and other professionals who are involved with the child
  • Social services
  • The child, if he is old enough to understand the situation

If the parent or carer of the child does not want to attend the conference or is unable to do due to some circumstances, it will be fine. However, it will leave an impression of unwillingness to cooperate or engage and affect the assessment of the threshold. Hence, it is necessary to attend all the conferences to show good faith and willingness to the process.

The meeting should be held within 15 working days of the strategy discussion. If during the culmination of the conference or a series of conferences, there is a finding that the child is likely to suffer significant harm in the future, the group will come up with a child protection plan. 

A child protection plan details the actions that need to be taken, by whom and by when to ensure that the child is safe. It would be reviewed regularly during the conferences until he is safe or taken into care. If needed, it will be updated to guarantee his safety in the future.

On the other hand, if there are serious circumstances like sexual abuse, physical abuse, emotional abuse, physical injury, domestic violence, harm, or neglect, the case can go to legal planning with the possibility of issuing court proceedings. During the proceedings, the parents and carers of the child will be given a chance to explain or defend themselves. They would be needing legal assistance to ensure that they fully understand the process and the documentation necessary for child protection. 

What happens when the request is granted?

Once granted, the applicant has the right to remove the child from his present home and take him to a safe place. If the child is already placed in a safe place like a hospital, child centre, or a residence of anyone who shares parental responsibility, the order will prevent the parent or carer from taking him away. The parent can file for a recall of the child protection order with the help of a family solicitor. 

Anyone who violates child protection orders can be arrested and faced a criminal offence. Violating a child protection order can result in both civil and criminal penalties. If the order carries some criminal consequences, the violator can be charged with a misdemeanour, contempt of a court order, or felony. It would mean conviction and heavy fines.

How To Seek Legal Assistance From A Domestic Abuse Solicitor- Guest Post

   

The UK Office for National Statistics issued a report in November of last year, highlighting that domestic abuse cases rose significantly during the pandemic. Unfortunately, since people are still not free to go out of their homes, there is a high possibility that they will continue to see an increase in these cases. Given this fact, now more than ever is the right time to keep yourself and your family members safe from any forms of abuse. If you’re part of the rising statistic, know that there’s a light at the end of the tunnel. Talk to a domestic abuse solicitor and understand your legal options. 

What counts as domestic abuse?

Women’s Aid defines domestic abuse as a pattern of incidents or circumstances that involve control, coercion, threats, violent and degrading behaviour, and even sexual violence committed by a spouse, partner, ex-partner, or any family member, guardian, or carer. Though the abuser can either be a man or woman, statistics reveal that most cases involve men as perpetrators. Domestic abuse can include the following: 

  • Coercive control or patterns of isolation, degradation, intimidation, and control coupled with physical or sexual violence 
  • Emotional or psychological abuse
  • Sexual or physical abuse
  • Economic or financial abuse
  • Stalking and all forms of harassment 
  • Digital or online abuse 

How can a domestic abuse solicitor help you?

Though you can always represent yourself or a loved one in a domestic abuse case, you got better things to do — heal and keep yourselves safe pending litigation. So, the most level-headed person who can take on your case, defend you when you have to go to court, and lead you on your road to victory is your lawyer. 

First and foremost, your domestic abuse lawyer will assess your situation, determine the facts of the case, and ask the hard questions to build your case. After hearing your narrative and painting a clearer picture of your current circumstance, he will suggest the best courses of action that you should take to protect and vindicate your rights. This might involve filing an emergency protection order, child arrangements order, or temporary restraining order in the appropriate court. His suggested courses of action will also most likely result in filing a criminal and civil case in court. 

When your case reaches the court, your lawyer will draft your Affidavit Complaint, ensure that it follows the proper form, submits the same to the appropriate court, and ensure that the other party is notified of the said complaint. 

Your lawyer will also ensure that the other party observes the procedural due process in answering the affidavit. Should the other party fail to comply with the same, your lawyer will raise the matter and petition the court to rule the case ex-parte. If your case reaches the litigation stage, your lawyer will be the one to interpellate all the witnesses brought to court. Aside from that, he will also screen the pieces of evidence presented and make necessary objections.

His role doesn’t end after the hearing. When you win the case, he will also ensure that the court order will be implemented according to its letters and intent. In other words, he will be your ally from the start until the final stage of your domestic abuse case. 

Given the crucial role of a lawyer in a domestic abuse case, it, therefore, follows that you should be careful in choosing one. Know your options, research, and choose a lawyer who is more than capable of advancing your cause and winning your case. 

Top 4 Questions to Ask When Hiring a Criminal Defense Attorney-Guest Post

   

Criminal Defense Attorney

You don’t want to think about needing a criminal defense attorney. Unfortunately, sometimes, it is necessary to protect your rights and to have a strong defense. The U.S. Constitution guarantees everyone a fair trial, and that means you are allowed to be represented by the best criminal defense attorney in Minneapolis. Before you hire an attorney, you should ask prospective attorneys these top four questions.

Question #1: What Is Your Background?

You want to make sure the attorney has defended people who are facing similar charges to yours. Therefore, you should ask the attorney for their background. You might want to avoid an attorney who has not tried many cases that are similar to yours or if they are new to criminal law. The more experience an attorney has, the more likely the attorney will understand how different judges operate. They will know the process and the correctional facility personnel. The ones with less experience will have to build these relationships and knowledge of judges. This will make the difference when your case is heard. 

Question #2: What Is Your Approach?

Every attorney has his or her way of doing things. You need to know whether the attorney is a good fit for you. Therefore, you want to ask what their approach to different types of cases is. If you agree with that approach, you can choose that person. However, if the approach doesn’t match your thinking, you might want to pick a different attorney. You also might not like how they approach you as the potential client. You want attorneys who will make you feel calm and not stressed. You want an attorney that makes you feel confident in his or her abilities. You want an attorney who will put your needs and fears first. Attorneys should approach you with the temperament that matches the seriousness of the charges and your personality.

Question #3: What Is the Cost?

Whether your criminal defense attorney will meet your needs depends on many factors beyond the fee to retain counsel. Still, it is an important question to ask. Some defense attorneys are out of your reach financially. Knowing whether you could afford to hire an attorney is helpful information. However, you might be facing a case where one or two attorneys specialize. In that case, you won’t have many options on the fee. You also might want a particular attorney because the person’s style and personality match yours. This would be a case where you would pay the fee regardless of the cost. In most cases though, the cost is important and must be known before picking an attorney.

Question #4: How Are Fees Accepted?

You will want to know how payments are accepted. Some criminal defense attorneys are willing to spread the fee over monthly payments. Others prefer to have their payments through the half at the beginning of the case and a half at the end of the case. You might meet attorneys who could accept payments through new technology while others wish to have a credit card on file. However, your attorney accepts payments and will determine how much money you need to have to retain counsel. You might have to ask for help or get a loan. Asking this question upfront will help you plan your financial strategy.

Author bio: Criminal Defense Lawyer, Lynne Torgerson Esq. has nearly 30 years of experience in law.

She can handle all criminal charges, gun rights, all felonies, gross misdemeanors, and misdemeanors, throughout the State of Minnesota including the Twin Cities of Minneapolis / St. Paul.  Ms. Torgerson, Esq., graduated from the University of Minnesota with a double major, with degrees in political science and psychology.  Follow Lynne on Twitter @lynne_torgerson.

What are The Possible Consequences of DUI for U.S. Immigrants?- Guest Post

   

DUI Immigration

DUI or Driving Under the Influence (of drugs or alcohol) carries harsh penalties, but the consequences are even more dire if you are not a citizen of the United States.

 

Many immigrants think that a DUI offense cannot affect their immigration status, but the truth is that criminal convictions, especially crimes of moral turpitude — which includes DUI, may be enough basis for removal, denial of entry, denial of application of citizenship, and other immigration consequences.

 

Any non-U.S. citizen charged with DUI needs an experienced immigration attorney to help them manage the immigration-related implications of a conviction.

 

Consequences of DUI for Green Card Holders

 

Can a person legal permanent resident status be deported because of a DUI offense? Well, the short answer is YES. Your green card or LPR status cannot protect you against removal from the U.S., especially if you’ve committed a criminal offense, such as a DUI.

 

While one misdemeanor DUI may not put you at risk if being deported, multiple DUIs or a felony DUI can. The common charges associated with a DUI offense such as criminal damage, endangerment, having children in the car, or driving under the influence of drugs can also render you deportable or inadmissible to the United States.

 

Green card holders and LPRs with DUI convictions could be tried in immigration court. If the judge determines that your offense matches any of the grounds for deportability, you can have your green card taken away.

 

Moreover, those with their green card applications still pending approval may find that a DUI on their record can make the entire process longer than usual.

 

Consequences of DUI for Current Visa Holders

 

If you’re in the United States on a valid visa, a DUI arrest could bring severe consequences your way. Both the federal government and immigration authorities take DUI offenses very seriously. Many DUI offenders have had their visas revoked by the State Department and were either deported or required to re-apply.

 

Even if you did not end up having your immigrant visa revoked, a DUI offense could still create problems for you once you leave and then re-enter the United States. A crime on your record could subject you to increased customs scrutiny when reapplying for a visa or, worse, become a ground for inadmissibility and bar your entry into the U.S.

 

According to U.S. Immigration laws, people who have committed crimes of moral turpitude may be ineligible for admission to the United States. Multiple DUI offenses and DUI with aggravating factors typically involve moral turpitude and can make you inadmissible to the U.S. after having left.

 

Consequences of DUI for Undocumented Immigrants and DACA Recipients

 

Those who are in the U.S. without immigration status are already in a very vulnerable position, and a DUI on their record will only put them in a tighter spot. In many parts of the country, immigration officers have been making arrests and deporting people who are both undocumented and with prior DUI.

 

If you’re a DACA recipient or applying for one, committing a DUI offense could likely cost you your DACA status. DACA is a discretionary benefit. Any convictions can affect your DACA eligibility and put you at risk of deportation.

 

Because of the grave consequences of DUI, it’s critical for DACA recipients with DUI charges to work with a DUI attorney who is experienced in mitigating the immigration consequences of driving under the influence.

 

Consequences of DUI on U.S. Citizenship Application

 

As a green card holder, the most natural next step is to apply for a U.S. citizenship. But since one of the primary requirements for naturalization is “good moral character,” a legal permanent resident with a DUI charge will generally have a harder time obtaining citizenship than others.

 

In many states, naturalization is usually denied if the applicant has a DUI or DWAI type conviction within the past five years. For a better shot at getting approved, wait until at least five years since your conviction has passed and you have established a clean record before applying for citizenship.

 

Note, though, that even after five years, a DUI charge can still delay your application for naturalization because the USCIS will likely require you to provide court documents about your conviction/arrest and study the circumstances surrounding it before coming up with a decision.

 

Get Legal Help

 

Any criminal conviction, not just DUI, can have extensive and lasting immigration ramifications. Handled improperly, a DUI charge can lead to deportation or – worse – cost you your U.S. citizenship.

 

To ensure that the immigration consequences of your DUI, or any criminal offense, is given full consideration and does not jeopardize your chances of permanently living and working in the United States, contact an experienced criminal and immigration lawyer for advice.

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. 

Observing Road Safety In The Time of COVID-19- Guest Post

   

Covid DWI

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 Makes A Good Fort Mill Criminal Defense Attorney?- Guest post

   

DUI Law

What Makes A Good Fort Mill Criminal Defense Attorney?

 

Looking for a good Fort Mill criminal defense attorney but don’t know which is best? Want to understand what makes a good criminal defense lawyer? If yes, read till the end. 

If you have been charged with a criminal offense in Fort Mill, you need to look for the best attorney to represent you and strengthen the case. But don’t try to rush through this process, as your attorney is the only savior. 

You have complete right to ask questions from attorneys that are important to you to determine whether it’s the best representation for you or not. One of the most important things that matters the most is their experience and latest projects in criminal defense. Whether the charges are for DUI or any other severe crime, you need to choose the right Fort Mill DUI Attorneys.

However, not every lawyer is suitable to represent your case. Thus, here are some guidelines to follow when selecting an attorney:

1. Integrity

Your attorney should have a high level of integrity. He should be honest and open to any information. There should be nothing hidden from you in any situation by the lawyer. He must keep the client informed about the progress of the case and the possible results of proceedings. If your lawyer isn’t honest enough, then there is nothing to trust him for. 

Knowledge and Experience 

Every lawyer gets through the law college within four or more years to acquire enough knowledge. After they get a past, they are allowed to practice their profession legally. Just like any other profession, lawyers also have different specialization. 

Thus, you need to find a lawyer who has expertise in criminal law to represent your case strongly. A knowledgeable lawyer is familiar with the law and may have handled similar cases. Thus, he can provide you with the best solutions to prove your innocence in court. Now, you know you should hire someone who has enough knowledge and experience in criminal law. This will enhance your chance of winning the case. So, make sure you find an expert criminal lawyer who has enough experience to defend in the criminal prosecution.

2. Research Skills 

Your lawyer should be able to research the court proceedings and legal research to find precedents and other cases with a bearing on his. Apart from this, he should also look for any evidence missed out by the police in the case. The lawyer should investigate the case in a more deep sense so that nothing is overlooked. Moreover, the attorney should have a sharp mind to look at things more clearly. He should have an analytical mindset to approach.

3. Communication 

Having an attorney with great relational abilities can be an extraordinary method to win your criminal case. Notwithstanding the charge you’re confronting, it’s critical to pick a criminal safeguard attorney who can convey lawful exhortation such that you’re ready to unmistakably comprehend the laws associated with your circumstance, the alternatives accessible to you, and the potential issues that may tag along the way.

The lawyer should be a gifted communicator. He must be a great speaker and should utilize his ability all through the court. It does not end with just being a good speaker, but your lawyer should also be a great listener so that he can answer you. This will help you build a great relationship between you and your lawyer.

4. Confidentiality 

When it comes to a criminal case, you should always look up to a lawyer that maintains confidentiality and understands the importance of secrecy. The right attorney will take care of your every personal information with utmost care. So, if your attorney isn’t keeping information closed between you and is sharing it among other peers and external sources, then you know there is no confidentiality maintained. 

Thus always look for someone that does not compromise with your personal information and case-related matters. 

5. Flexible with Fee Arrangements 

Most of the time, hiring a criminal defense lawyer is quite expensive. Many professional criminal defense attorneys in a law firm that offers top-rated legal services and exceptional customer service ask for an advance payment. Thus, you need to look for a firm that is open to flexible fee arrangements during the duration of the case. 

You should also look for law firms that are ready to take a case within your budget. So that you get the best legal representation without compromising your bank account.

Conclusion

At last, every law firm has highly experienced and reliable Criminal Defense Attorney Fort Mill that may fit your budget. But the most important thing that matters is how much you can trust them with your case. Thus, you need to make sure everything is fine according to you so that you can rely on them and have the utmost confidence in them. I wish you all the luck that prevails!

 

Aggravating Factors That Will Make Your DUI Even Worse – Guest Post

   

DUI

Getting arrested for driving under the influence is bad enough.

Whether your DUI case is prosecuted under state law or federal law, the consequences are just as serious.

You can always get the services of a local DUI lawyer or a federal charges attorney to improve your chances of avoiding the penalties. 

Still, if a judge decides to convict you just the same, you can expect to pay hefty fines, lose your driving privileges, undergo probation, install an interlock ignition device in your car, attend DUI school, and spend time in jail, among other things.

However, if you think things couldn’t get any worse, you couldn’t be more wrong.

DUIs can quickly get from bad to worse if the following aggravating circumstances are present at the time of your arrest:

A BAC Way Above The Legal Limit

You can get arrested for DUI in most states if your BAC level is at 0.08% or more.

However, a BAC level between 0.15 and 0.19 percent will lead to an Extreme DUI charge in Arizona.

If that BAC level is at 0.20% or more, then the state will charge you with Super Extreme DUI.

From the sound of the said charges alone, you can already tell that the penalties and fines that come with them will be much bigger and harsher.

Jail time for a first-time Extreme DUI offender, for example, is set at 30 days. For those convicted of Super Extreme DUI, that figure increases to 45 days.

You’re A Repeat Offender

While courts are generally more lenient to first-timers, repeat offenders do not get the same kind of treatment.

If it’s your second DUI, you’ll be paying higher fines, serving more time in jail, and suffering a lengthier driver’s license suspension.

A third DUI offense, however, is an entirely different story. While your first two DUI charges will be generally treated as a misdemeanor, a third offense will be upgraded to a felony in some states.

Jail or prison time for a felony DUI in some states may range from six months to a full year. Fines could also be up to $10,000.

You Had Children As Passengers

One of the biggest mistakes you can ever make if you decide to drink and drive is to have children in the car with you.

If you’re over the age of 18 and you get arrested on suspicion of driving under the influence with kids in the vehicle, you will quickly find yourself in a world of trouble.

Having children in the car during a DUI is an aggravating factor that results in severe consequences, from years of jail time, dozens of hours of community service, and thousands of dollars in fines, although the figures may vary from state to state.

And as if aggravated DUI charges are not enough, DUI offenders caught driving with minors as passengers will also be facing separate child endangerment charges.

While child endangerment laws differ by state, the punishments are pretty much similar. The severity of the penalties will depend on whether you were charged with misdemeanor or felony child endangerment.

Since a conviction for both DUI and child endangerment will potentially ruin your life, please have the presence of mind never to drink and drive with children in the car.

You Caused Injury Or Death

Nothing could make things worse for you than if you injured or killed another person in an accident caused by your drunk driving.

DUIs that involve serious bodily injury or death are often charged as a felony, and as such, they carry severe consequences. 

The penalties may differ from one state to another, but a felony conviction for a DUI that hurt or killed someone generally comes with multi-year prison sentences that could reach 25 years in some states and fines of up to $10,000 or more.

Injured victims and the families of those who died in an alcohol-related accident may also charge the DUI offender in civil court for damages.

Worst of all, the mutilation, disfigurement, permanent disability, or death of a drunk driving victim will be gnawing at the conscience of the DUI offender who caused it for the rest of his or her life.

If you drink and get behind the wheel, make sure you know a skilled and experienced DUI attorney who will represent you if you get arrested for drunk driving.

Still, there’s no better way to avoid being in a really bad DUI situation than not drinking and driving at all.

 

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. 

 

The Impact of the COVID-19 Pandemic on DUI Rates-Guest Post

   

By Author Michelle White

There is no doubt about the impact the COVID-19 pandemic has had (and is still having) on our world today.

More than two million people worldwide have already died due to the coronavirus. The global economy is in trouble, with businesses shutting down and individuals losing their sources of livelihood left and right.

Wherever you look, the pandemic has done nothing but adversely impact every aspect of our lives.

However, even with the darkest of clouds, there is always a silver lining.

As devastating as COVID-19 is proving to be, the global disruption in industries such as travel, transportation, and manufacturing that pandemic-related restrictions are causing is indirectly positively impacting the environment.

With fewer people on the road because of restrictions, is it possible that the COVID-19 pandemic is impacting DUI alcohol cases in a positive way, too? Let’s take a look at what’s happening in some parts of the country in this regard.

Missouri

According to data from the Missouri Highway Patrol, there is a drop in the average number of drug- and alcohol-related crashes from January to June.

While the average for that period from 2016 through 2019 sits at over 100 deaths and 1,700 injuries in crashes statewide, only 69 deaths and 937 injuries were recorded for 2020.

Oregon

From March to May 2020—the first three months of the COVID-19 pandemic—there were only 664 impaired driving cases in all of Oregon, a nearly 13% drop from the 760 recorded for the same period in 2019.

Arizona

Arizona may have some of the strictest DUI laws in the country, but that didn’t stop more than 7,500 people from getting apprehended for drunk driving from January to mid-April 2019.

For the same period in 2020, that figure has dropped to a little over 5,000.

California

According to the California Highway Patrol, there was a significant reduction in the number of DUI arrests in March and April 2020.

In March and April 2019, California authorities made 7,224 DUI arrests. That figure fell by nearly 42% for the same time span in 2020, with only 4,223 DUI arrests made.

Drop in DUI Cases Is Not Universal

Encouraging as the decrease in DUI incidents in the places mentioned above is, not all areas are as fortunate. In fact, many of them registered a spike in the number of drunk driving arrests.

Morgan County in Alabama, for example, reported a nearly 54% increase in DUI arrests. From January to September 2020, there were 66 arrests, a significant increase from the 43 DUI arrests made for the same period in 2019.

The Colorado State Patrol also declared that there were twice the number of impairment-related deaths in the state during the first part of 2020 than there were in the same period in 2019.

There is also a report from some counties in Florida about a 21% increase in the number of DUI arrests.

DUI Cases Persist Despite Pandemic

It’s easy to look at reports of fewer DUI arrests and crashes at the height of the COVID-19 pandemic in 2020 as another positive effect of the coronavirus.

However, the fact that many areas still saw an increase in DUI rates despite the pandemic makes COVID-19’s overall and long-term impact on drunk driving a bit uncertain.

Still, it would be fair to recognize that lockdowns, stay-at-home orders, travel restrictions, and the closure of bars and pubs across the country did play a role in the reduction of drunk driving incidents during the early days of the pandemic.

Then again, many parts of the country are already lifting lockdowns and opening bars, pubs, and restaurants. Add that to the fact that online alcohol sales are surging amid the pandemic, and the likelihood that DUI cases will rise once again is high.

DUI Arrests In The Time of COVID

With authorities not missing a beat about actively enforcing DUI laws, refraining from drinking and driving is the smartest thing a person can do, especially when a global pandemic is still ruining people’s lives everywhere.

Consider this: a DUI arrest pre-pandemic was bad enough. If you’re arrested for driving under the influence, you will have to deal with litigation costs and fees, which could burn a hole in your pocket.

If convicted, you will have to fork out more money to pay for fines, lose your driving privileges, and probably spend some time behind bars.

Now imagine if you were arrested and convicted for a DUI at the height of a global pandemic.

U.S. jails do implement COVID-19 safety measures, but spending time there in the middle of the COVID-19 pandemic still puts you at greater risk.

Having an experienced DUI lawyer on your side increases your chances of avoiding jail time. However, avoiding drinking and driving altogether remains your best chance of not getting into that situation, with or without

 

Ferguson Report

   

https://www.justice.gov/sites/default/files/opa/press-releases/attachments/2015/03/04/ferguson_police_department_report.pdf

The Civil Rights Division of the United States Department of Justice opened its
investigation of the Ferguson Police Department (“FPD”) on September 4, 2014. This
investigation was initiated under the pattern-or-practice provision of the Violent Crime Control
and Law Enforcement Act of 1994, 42 U.S.C. § 14141, the Omnibus Crime Control and Safe
Streets Act of 1968, 42 U.S.C. § 3789d (“Safe Streets Act”), and Title VI of the Civil Rights Act
of 1964, 42 U.S.C. § 2000d (“Title VI”). This investigation has revealed a pattern or practice of
unlawful conduct within the Ferguson Police Department that violates the First, Fourth, and
Fourteenth Amendments to the United States Constitution, and federal statutory law.
Over the course of the investigation, we interviewed City officials, including City
Manager John Shaw, Mayor James Knowles, Chief of Police Thomas Jackson, Municipal Judge
Ronald Brockmeyer, the Municipal Court Clerk, Ferguson’s Finance Director, half of FPD’s
sworn officers, and others. We spent, collectively, approximately 100 person-days onsite in
Ferguson. We participated in ride-alongs with on-duty officers, reviewed over 35,000 pages of
police records as well as thousands of emails and other electronic materials provided by the
police department. Enlisting the assistance of statistical experts, we analyzed FPD’s data on
stops, searches, citations, and arrests, as well as data collected by the municipal court. We
observed four separate sessions of Ferguson Municipal Court, interviewing dozens of people
charged with local offenses, and we reviewed third-party studies regarding municipal court
practices in Ferguson and St. Louis County more broadly. As in all of our investigations, we
sought to engage the local community, conducting hundreds of in-person and telephone
interviews of individuals who reside in Ferguson or who have had interactions with the police
department. We contacted ten neighborhood associations and met with each group that
responded to us, as well as several other community groups and advocacy organizations.
Throughout the investigation, we relied on two police chiefs who accompanied us to Ferguson
and who themselves interviewed City and police officials, spoke with community members, and
reviewed FPD policies and incident reports.
We thank the City officials and the rank-and-file officers who have cooperated with this
investigation and provided us with insights into the operation of the police department, including
the municipal court. Notwithstanding our findings about Ferguson’s approach to law
enforcement and the policing culture it creates, we found many Ferguson police officers and
other City employees to be dedicated public servants striving each day to perform their duties
lawfully and with respect for all members of the Ferguson community. The importance of their
often-selfless work cannot be overstated.
We are also grateful to the many members of the Ferguson community who have met
with us to share their experiences. It became clear during our many conversations with Ferguson
residents from throughout the City that many residents, black and white, genuinely embrace
Ferguson’s diversity and want to reemerge from the events of recent months a truly inclusive,
united community. This Report is intended to strengthen those efforts by recognizing the harms
caused by Ferguson’s law enforcement practices so that those harms can be better understood
and overcome.
2
Ferguson’s law enforcement practices are shaped by the City’s focus on revenue rather
than by public safety needs. This emphasis on revenue has compromised the institutional
character of Ferguson’s police department, contributing to a pattern of unconstitutional policing,
and has also shaped its municipal court, leading to procedures that raise due process concerns
and inflict unnecessary harm on members of the Ferguson community. Further, Ferguson’s
police and municipal court practices both reflect and exacerbate existing racial bias, including
racial stereotypes. Ferguson’s own data establish clear racial disparities that adversely impact
African Americans. The evidence shows that discriminatory intent is part of the reason for these
disparities. Over time, Ferguson’s police and municipal court practices have sown deep mistrust
between parts of the community and the police department, undermining law enforcement
legitimacy among African Americans in particular.

The Most Common Ignition Interlock Myths- Guest Author

   

Ignition Interlock violation

An ignition interlock device or IID is a small handheld breathalyzer that’s designed to measure the amount of alcohol in the user’s breath. Also known as in-car breathalyzer, blow and go, and car interlock, it prevents users from starting the vehicle until a breath alcohol test has been taken.

 

Only those who are arrested and convicted of DUI are required to install an ignition interlock device. Since not everyone is familiar with the device, there have been widespread IID myths and misconceptions floating around that need to be debunked. Below are some of the most common ignition interlock myths and the truths behind them.

Myth #01: You can trick the ignition interlock device if you use the right methods.

 

Some people believe that when they obscure the smell of alcohol on their breath by using a chewing gum, the device won’t be able to recognize the alcohol in the sample provided. There is no truth to this. If truth be told, the device is designed to register breath-alcohol concentration at the molecular level. 

Myth #02: Ignition interlock devices can also detect drugs.

 

While driving impaired by drugs is considered illegal, an ignition interlock device won’t be able to detect drug use. Even if you are not under the influence of alcohol, but you have used drugs, it is recommended that you don’t even attempt to drive. 

Myth #03: An IID violates your constitutional rights.

 

The courts interpret driving as a privilege and not a right. Once convicted of DUI, you lose that privilege. The legislation intends to give you a chance to regain your driving privilege instead of suspension.

 

Myth #04: Someone else can blow into your IID for you.

 

Having a sober friend blow into your IID is prohibited and can be considered tampering with the device. It is important to remember that you will be required to do a retest after a few minutes of driving.  That said, even if you get a sober friend to start the vehicle, you will eventually fail the retest.

 

Most ignition interlock devices come equipped with a camera that will capture a picture when the device is used. Many states will not take tampering lightly and might lead to adverse consequences like license suspension and even jail time.

Myth #05: Once the device has been installed, no one else can operate the vehicle.

 

Even after the device has been installed, any licensed motorist can lawfully operate the vehicle. However, that person will still be required to blow into the device. Unfortunately, you will be the one to answer if there are any violations.

Myth #06: Installing an IID can damage the vehicle.

 

Only approved service centers are allowed to install and uninstall the device so no damage will be done to the vehicle. The ignition interlock is installed into the vehicle’s wiring which is connected to the engine. Once uninstalled, all the wiring will be returned to its original configuration. 

Myth #07: Some foods or beverages can cause a false positive.

 

Some foods and drinks can register alcohol much like other conventional alcoholic beverages. To avoid a similar scenario from occurring, you need to remember that if alcohol is present in the food or beverage you consume or drink, it is possible for the breathalyzer to detect it in the sample you provide.

 

In line with this, it would be best to wait for at least 15 minutes after a meal before providing a sample. Also, items like breath spray or mouthwash might lead to a positive BrAC reading if taken before giving a sample. 

 

Myth #08: If the device fails, you will be unable to start and move your vehicle.

 

There’s an emergency override feature that allows you to call the service provider to activate the bypass or override function. This one-time-only feature allows the vehicle to start without requiring a breath sample. You can then drive your vehicle to the service provider for repair or replacement of the IID.

Myth #09: If the engine stalls, you are required to resubmit another breath sample to restart the vehicle.

 

If the vehicle stalls the first time, a grace period or sample-free start is allowed so you can start the engine within three minutes.

Conclusion

 

Now that you know the truths behind some of the most prevalent IID myths, you will know how to use one properly and responsibly. To play safe, it is recommended that you check with the service provider if you have other questions you need answers to.

 

 

 

 

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.

What Should An Injured Passenger Do After A Car Accident?- Guest Post

   

Car Accident

A vehicle crash can be a traumatic occurrence for everyone involved. If you are an injured passenger in a car crash, you might be extremely uncertain about the legal procedure that must be pursued in compliance with state laws.

 

On the bright side, riders usually don’t have to think about lawsuits, so the court process should be a bit less daunting for you—provided you take the appropriate measures.

Here are a lot of things to bear in mind.

 

First and foremost, what to do 

When you think that you or anyone else was hurt in the crash, the number one priority is to find medical treatment for yourself and everyone else who wants it. Do your best to keep still when you’re waiting for support, and don’t want to move if you think you can’t. Be sure that the local police and Ambulance responders are notified of the crash and all other wounded drivers, riders, or bystanders.

 

Bear in mind that even though you don’t believe that something is wrong, you might also have been hurt in the crash. If you notice the signs of headache, and severe wounds, immediately call your doctor as quickly as possible.

 

Who do you need to talk about the incident?

As a passenger involved in a car crash, different state law allows you to share some details with the other party involved. The same happens to drivers, cyclists, and other travelers. If you need to witness in the future, you will be asked for your contact address. If you’re confused, it may be better to call your lawyer for advice.

 

How the incident happened 

Before making a lawsuit, you need to determine if one party’s actions (or inactions) were the crash’s primary cause. You can only effectively seek liability for the injury to a reckless driver.

 

Your personal injuries lawsuit could be made against one driver or several drivers if there was a two-car crash with a fault mutual between them.

 

E.g., if you were harmed as a passenger in a rear-ended vehicle, the blame would actually lay with the other driver, then you would file a lawsuit with the other driver’s insurance agent.

 

What kind of insurance can you claim?

You may be asking what sort of damages you might sue for money if you have a viable claim, and understandably so. The response would depend on the situation of the incident and the extent of the injuries. Potential liabilities can include hospital costs (including potential medical bills), property losses, pain, misery, missed income, and permanent illness or disability.

 

How do you make a solid argument?

To make sure your lawsuit is effective, you’re going to have to find documentation and evidence relating to the car crash and your injury. These can include photos of the incident, medical history, testimonies, and police accounts, to name a few.

 

What applies after multiple passenger accidents

Often the car crash allegations will get confusing as if several drivers were involved in a car wreck. If this occurs, and any wounded passenger charges against the reckless driver, it is likely that the combined value of the accident lawsuits will outweigh the driver’s insurance. In that scenario, any wounded person would have to make up for less compensation.

 

How to Maximize Your Chances

If you want to maximize the chance of making a good disability lawsuit, leaving you with more money for stuff like hospital costs and missed income, you can hire a professional solicitor to support you. Professional Car accident attorneys Stuart, Martin County, are committed to assisting victims of injury through a complicated litigation process. Call us now for all the answers to your urgent questions.

 

Bio–

 

Navigating after a car incident can become very difficult. If you are an injured passenger in a car crash, please contact Car accident attorneys Stuart, Martin County. We are happy to guide you navigate the process of making the correct cases to help you get the reward you deserve.

 

Crary Buchanan is a specialized law firm committed to the offering of professional legal services in Florida. Our lawyers have extensive professional experience in nearly every major field of law, and many of our partners are certified by the Florida Bar in their areas of specialization.

Facts About Blood Alcohol Concentration That You Need To Know – Guest Post

   

Blood Alcohol

A breathalyzer is a tool the police use to determine if a driver they pull over on suspicion of driving under the influence or DUI is impaired by alcohol.

With a breathalyzer, cops can measure drivers’ blood alcohol concentration or BAC and arrest them if the device displays a result above their state’s legal limit.

Many drivers have ended up being convicted and subjected to several DUI penalties on the strength of their BAC levels at the time of their arrest.

Here are some more facts about blood alcohol concentration that you need to know.

BAC Can Rise Quickly

The human body absorbs alcohol quickly.

Within at least 30 minutes after a drink, alcohol will already be detectable in our system. That’s because when we drink, we directly absorb alcohol through the small intestine and stomach walls.

From there, alcohol will go into our bloodstream and start making its way throughout our body to our brain.

Measuring BAC

BAC is measured in milligrams or mg of alcohol per 100 milliliters or ml of blood.

Results are expressed as a decimal, and a BAC of 0.10% means that every 1,000 parts of an individual’s blood contain one part alcohol.

Not All States Have A Legal BAC Limit of 0.08%

Most states arrest drivers over the age of 21 for DUI if their BAC levels hit or breach the legal limit of 0.08%.

However, Utah lowered its legal BAC limit in December 2018. While all the other states are still at 0.08%, Utah is now enforcing a legal BAC limit of 0.05%, the lowest in the entire United States.

Factors That Affect BAC

Several factors may affect an individual’s BAC levels, and they include:

  • Gender —Women tend to get drunk faster—and get a higher BAC—than men even if they consumed the same amount of alcohol. That’s because women produce smaller quantities of alcohol dehydrogenase (ADH), an enzyme that breaks down alcohol in the body, than men.
  • Weight —The less you weigh, the higher your BAC levels will be.
  • The elapsed time between drinks —A person’s BAC may continue to rise several hours after the last drink.
  • Presence of food in the stomach —Eating before or while consuming alcohol can slow down the rate of alcohol absorption, but food will not wholly absorb alcohol to prevent you from getting drunk. Once the alcohol enters your bloodstream, you will feel its effects.
  • Percentage of alcohol content –The higher a drink’s alcohol content, the more elevated your BAC will be. Vodka, whiskey, and other hard liquor types have higher alcohol content than beer or wine.
  • Rate of consumption –The human body can only metabolize one standard drink per hour. The faster you put drinks away, the quicker your BAC will rise.
  • Amount of body fat —Since body fat has very low water content and does not absorb alcohol, alcohol stays in the bloodstream until the liver breaks it down. The more body fat you have, the higher your BAC will be.

Coffee Doesn’t Lower Your BAC

Many people think that drinking coffee after consuming alcohol will reduce their BAC and render them sober enough to drive.

While caffeine may make you feel less sleepy or drowsy, it doesn’t do anything to improve your coordination, reaction time, and decision-making, all of which have already been hampered by your consumption of alcohol.

Aside from drinking coffee, other ineffective ways often touted as instant BAC-lowering tricks include:

  • Exercising
  • Taking cold showers
  • Drinking water
  • Chewing gum

Breathalyzers Could Take Inaccurate BAC Readings

Breathalyzers may be a primary tool in combating DUI, but they are not always accurate.

A breathalyzer may detect traces of alcohol in a driver who just used mouthwash, which happens to contain alcohol.

Breathalyzers also need to be properly calibrated regularly.

People living with diabetes tend to have increased acetone levels in their bodies, which breathalyzers could mistake for ethanol.

Because of the breathalyzer’s inability to provide accurate BAC readings 100% of the time, DUI attorneys in Phoenix and everywhere else use it as a defense for a client accused of drunk driving.

These are just some of the facts that you must know about blood alcohol concentration.

While knowing more about BAC will be quite useful for drivers who don’t want to be arrested for DUI, the best way to avoid that situation is never to drink and drive at all.

However, if you still get arrested for DUI due to an elevated BAC reading despite not having had a drop of it, an experienced DUI lawyer should be able to get the court to drop the charges against you because of an inaccurate breath test.

 

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. 

 

Can I go to jail for not paying my debts?

   

This year has been extremely devastating for the finances of millions of Americans. Many have either lost their jobs or have had to close their businesses due to the quarantines imposed to curb the pandemic. As a result, the debts of countless people have increased beyond their ability to pay. If you are going through a similar situation, then you might be wondering: Can I go to jail for not paying my debts? The answer is more complicated than it seems.

Now, one of the preferred tactics of debt collectors is to threaten debtors with jail time if they don’t pay their debts, and given the uncertain economic outlook the world is facing, creditors are likely to be increasingly ruthless about getting their money back.

However, your creditors probably can’t send you to jail for falling behind on your payments, but that doesn’t mean they can’t take legal action or that you can’t go to jail because of some specific types of debt.

On the other hand, if you’re looking for a legal option to help you get rid of most of your debts, bankruptcy may be exactly what you need. If you want to file for bankruptcy quickly and effectively, you should work with a chapter 7 bankruptcy huntington beach, and KT Bankruptcy Lawyer may be an excellent option. Their team of attorneys has helped hundreds of people get a fresh financial start, and if you’d like to achieve that too, don’t hesitate to contact them.

You can’t be arrested for civil debts

For starters, you won’t go to jail for not paying civil debts such as student loans, medical bills, credit card debt, or utility bills.  In fact, according to the Fair Debt Collection Practices Act, it’s illegal for debt collectors to threaten you with prison time for falling behind on your payments.

However, that hasn’t stopped many debt collectors from trying to force you to pay by threatening to deprive you of your freedom. If you find yourself in a situation like this, don’t be intimidated and contact an attorney as soon as you can.

What can debt collectors do?

Simply because they can’t throw you in jail doesn’t mean that debt collectors can’t do anything to force you to pay your debts, since they could file a lawsuit against you. If you lose the lawsuit, the court will probably issue an order to garnish your wages.

A wage garnishment is a court order that forces your employer to withhold part of your monthly salary. This money will be used to pay your debts in small monthly installments.

However, the most effective way to prevent a debt collector from taking legal action against you, and to stop wage garnishments, is to file for bankruptcy. Once you file for bankruptcy, your creditors are legally obligated to stop collecting the debt, and if you file for Chapter 13, you will have the opportunity to develop a payment plan that will get you out of debt in 3 to 5 years.

What debts can get you arrested?

However, just because you can’t be arrested because of “civil debts” doesn’t mean there aren’t debts that will send you to prison. The truth is that in some states, you could end up spending time in prison due to two types of debt:

Tax debt: Not paying your taxes is a federal crime. If you are prosecuted and convicted of this crime, you may have to serve time in jail.

Child Support Debts: Not paying child support is considered contempt of court since the court ordered you to pay it in the first place. You could spend up to 6 months in jail for failure to pay this type of debt.

If you’re drowning in debt, consider Bankruptcy

Bankruptcy can help you free yourself from your creditors and your debts. In other words, it’s an alternative that will allow you to rebuild your finances from scratch and restore your peace of mind.

However, if you are considering bankruptcy then you should work with a bankruptcy attorney in Huntington Beach that you can trust.

The KT Bankruptcy Lawyer team is always available to you and is committed to not letting anything stand in the way of your financial fresh start. If you have further questions about the process, contact them now for a free consultation.

Want to know more? Visit Legal Facts

If you want to know more details about the bankruptcy process, visit Legal Facts! There you will find easy-to-read and easy-to-understand legal articles that will allow you to learn about bankruptcy, consumer law, workers’ compensation, divorce, and many other legal topics in a matter of minutes. Plus, at legalfacts.org you can also access a network of lawyers in every corner of the United States especially in a santa monica bankruptcy lawyers who are ready to help you with whatever you need.

If you are a lawyer looking to expand your business, click here for more information if you want to legal lead generation.

The Most Prevalent DUI Myths

   

Every state in the U.S. considers DUI or Driving Under the Influence a serious criminal offense. In some states, a repeat DUI offense is classified as a felony. The situation is even more difficult for aggravated DUI offenders. 

 

An aggravated DUI is given to drivers who have previous offenses, or who had a minor (below 15 years old) passenger when they were arrested, or whose license is restricted, suspended, or revoked. Offenders get more severe penalties than the regular DUI offense. An aggravated DUI attorney is helpful in situations like this.

                                                                                                            

If you or someone you know has been arrested for DUI, though, talking to a good lawyer is the right decision. You need to understand several important things, particularly the most common myths about driving under the influence. Most of the time, people get confused with what’s true and what’s not, so instead of fixing their case, they mess it up.

Myth no. 1 – If you drink coffee before driving, alcohol will be eliminated from your system.

No, drinking coffee does not remove the alcohol in your system. It doesn’t do anything except make you wide awake and jittery. You will be caffeine-drunk, but alcohol is still in your system.

Myth no. 2 – If you suck a penny (or copper), you will easily pass any breath test.

The only thing that’s real about this is that it’s an urban legend. Sucking on a penny or copper will not help you pass the breathalyzer. The device measures breath that comes from deep down your mouth, so it won’t make a difference if you have copper on your teeth or mouth.

Myth no. 3 – If you do not go over the legal limit, you won’t get a DUI.

The legal limit for BAC is 0.08%, and anything that is over it is considered a violation of DUI laws. However, getting a BAC under 0.08% does not exactly mean you cannot get a DUI offense. Authorities can use other evidence, such as testimony from a witness or witnesses, failure of field sobriety test, and video evidence or footage of the incident.

Myth no. 4 – DUI is a minor offense.

DUI used to be a minor offense back in the 1960s, but the situation has changed. Every year, there seems to be a new DUI law. Additionally, states have increased the gravity of their driving under the influence laws several times and quite regularly. There is nothing minor about a DUI offense.

Myth no. 5 – All DUI cases are the same.

Many people think that every DUI case is the same. There are different situations, and the circumstances are never the same. There may be cases with similarities in some aspects, but that is where it ends. 

Myth no. 6 – Almost everyone accused or convicted for DUI is guilty.

The breathalyzer is the primary device that authorities use to determine whether an individual is driving while intoxicated or not. However, breath tests can sometimes be unreliable. Field sobriety or agility tests can also be inaccurate because these are opinion evidence collected by the police. The most reliable test available in the country is a blood test. So, no, not everyone arrested for DUI is guilty, and this is why you need an experienced lawyer to explain everything to you.

Myth no. 7 – Drivers taking prescribed drugs or medication cannot be arrested for DUI.

There is no way to identify the difference between legally-prescribed narcotics and illegally-prescribed drugs easily. Additionally, there are no specific provisions in DUI laws on such issues. Therefore, it is not considered substantial evidence.

Myth no. 8 – Only hard drink drivers can fail the breath and blood tests.

Regardless of what drink you choose, you are still ingesting alcohol into your system. No matter what kind of liquor it is, it is still alcohol.

Myth no. 9 – Some people drive better after drinking a bottle or two of alcohol.

Why is it dangerous to drive while intoxicated? Driving under the influence is prohibited because alcohol impairs your judgment and clouds your thinking. It also affects your vision and reflexes. In some people, alcohol’s effect is even worse: they become oblivious to danger while others stare quietly at nothing, not aware of what’s happening around them.

Drinking alcohol before driving is definitely not the solution to driving better.

Myth no. 10 – Any lawyer is capable of defending DUI cases.

DUI cases are a class of their own; they are unique. So, a lawyer trained in divorce laws or corporate law cannot know the intricate details of defending DUI cases. No matter how well-educated, trustworthy, and competent a lawyer is, if he is not explicitly trained in DUI law, he won’t be able to give 100% of his experience and efforts in making sure his clients are well-represented. 

Getting the real facts about DUI is the first step in taking the right direction in any drunk driving case. A DUI lawyer will know the next step to take.

 

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. 

 

Practical Tips To Find The Best Criminal Defense Lawyer In Los Angeles- Guest Post

   

Criminal law

 If anyone is looking for the best criminal defense lawyer then first of all one should understand the importance of having an excellent criminal defense lawyer. Once the client has the best criminal defense lawyer to represent him then most of the problems go away. When the client is facing a criminal charge then it should be very important to have a lawyer who ensures the client a favorable decision when the client goes to court.

 Such criminal charges are very crucial in one’s life so legal advice is a must to the client one can consult a criminal defense attorney in Los Angeles. So, the question arises here is how to find a lawyer who is very best at work and provides the best suggestion related to the criminal charge. The lawyer should be at a price that the client should easily afford and take legal suggestions.

There are so many tips while choosing the best criminal defense lawyer some of them are as follows

  • Passion for the work

 If anyone needs a lawyer that is just doing their work and only representing the client in front of the court and do not have any passion for the work or we can say love for the work so this type of lawyer cannot work to their utmost capacity here the client needs to look for an attorney who will pay attention to the client story and take full interest in the client and client’s case.

 The best lawyer is that lawyer who fights for the client’s case whatsoever the situation is.

  • All experienced lawyers are not the same

 If you find out the best criminal defense lawyer who spent years of experience in the courtroom but not specialized against the charges of the client then experience is of no use so specialization in the charges is a must.

  • Confidence is must

If a lawyer is himself a confident and competent Person so the client will win half battle at the starting of the case.

Even if the lawyer is unknown to some facts then confidence will play a significant role. Do not choose a lawyer who is having overconfidence about his work and makes false promises to the client.

  • Check opinions of the people about the lawyers

If a lawyer has a great reputation in the market so people will know him by work, ask Aaj friends and families to recommend a good criminal defense lawyer to handle the case and will win the lawsuit.

  • Budget

Check out the budget policy of the criminal defense lawyer whether he is charging suitable fees from the client or the lawyer charging a very handsome amount in the name of fees structure. The lawyer should not charge for petty things like the xerox copy scanning and other mouth fresheners.

  • The lawyer should work professionally

The criminal defense attorneys Los Angeles should understand clients in a good manner and speak client-friendly language. The lawyer should not speak in a very professional language as the terms which are used in the professional life are different from the terms which are used by the common people so so the difference criminal lawyer should not speak such a language or terms in front of the client and they should speak early using the terms that the client will understand.

One should understand that in this criminal defense case the charger should be understood by the lawyer very carefully so that he can make solutions accordingly if he is not understanding the chargers carefully so there may be the possibility of losing the case in the courtroom.

  • The lawyer must provide possible outcomes

Every coin has two sides as a lawyer can have two faces one that he should not disclose all the possible possibilities regarding the charges and talking to the client only the client wants to hear and ignore all the unusual circumstances.

  • The lawyer who is having courtroom experience knowledge and capabilities

When the client is looking for a criminal defense lawyer then the client should be xxii very careful while selecting the lawyer need to be very much experienced specialized having knowledge related to the charges and known all the solutions regarding the charges.

The lawyer should be capable enough to compete with another opposing lawyer so that the case will b in favor of the client and resolve all the problems quickly.

So selecting a criminal defense lawyer is a very crucial and not so easy process so having a good lawyer on the client’s side means the expected outcomes will be in the client’s favor only. Therefore Consulting a criminal defense attorney in Los Angeles will work in favor of the client exclusively.

Conclusion

When you reach out to the right person who has an overall knowledge of the legal regulations then the case will become easy to handle. You must understand that a good DUI Lawyers Los Angeles will. make your life easy. I wish you all the luck that prevails!

 

 

7 Tips to Improve Due Diligence for Businesses

  

Source: https://www.pexels.com/photo/female-student-typing-on-laptop-in-university-hallway-3791949/

For every business deals or processes such as mergers and acquisitions (M&A), Intellectual Property (IP), or even investments, risks are involved. Whether your business is merging with another or you are acquiring a small business, the due diligence process is very important. Due diligence processes help you to find out background details about the transaction you are about to make. The right tips will help you improve your business’ legal, financial, and investment due diligence.

7 Tips to Improve Due Diligence for Businesses

These seven (7) tips will reshape how your business carries out due diligence during important deals;

Never assume all deals are the same

For effective due diligence, you should never assume that the due diligence process done for a deal would suffice for subsequent deals. Ensure to carry out the required legal or financial due diligence at every phase of the deal or investment.

 

Make due diligence towards reaching a business decision

The essence of carrying out the due diligence process, whether while you are trying to break into a market or while starting a new line of product is to finally make a decision. Channel your due diligence reports findings to make the most suitable decisions for your business.

 

Have experienced due diligence deal team

Due diligence often requires having a team of experts in particular fields to analyze whatever business decisions you intend to make. With their highly revered skills such as in Human Resources, Taxation, and Accounting, these specialists’ due diligence team will guide your business to make decisions that will be favorable for your deals and investments.

 

Give enough time for the due diligence team

By allowing your team of due diligence specialists to start early, they will have more than enough time for background analysis and other evaluations. The more the number of deals, the more time is required for the deal team to carry out due diligence.

 

Make use of electronic data room

Widely known for their security and proper file assemblage, virtual data rooms (VDRs) are effective tools for businesses to improve due diligence processes. By using a data room, you will be able to preserve relevant information about deals and transactions in the data room and all parties involved can access it.

 

Treat every aspect of the due diligence as vital

Most businesses often focus more on financial due diligence that they neglect other important technicalities. As much as business sales must be well evaluated, other necessary due diligence relating to technology should be evaluated as well.

 

Communicate clearly with your deal team

Effective communication aids better due diligence for businesses. Before starting a deal, ensure to get your deal team on board with clear-cut objectives and targets of the business deals.

 

Conclusion

The success of any business deal or process depends on the due diligence among other factors. These outlined tips will help your business improve how it goes about due diligence evaluation and analysis. More so, it will ensure a much better and smoother due diligence process and valuation.

Author’s Bio: Lori Wade is a content writer for dealroom.net who is interested in a wide range of spheres from business to entrepreneurship and new technologies. If you are interested in M&A or virtual data room industry, you can find her on Twitter & LinkedIn or find her on other social media. Read and take over Lori’s useful insights!