Are DUI laws too harsh? Should repeated DUI be treated as attempted murder?- Guest Post

   

dui lawyer

There are different ways to look at a criminal case, if it has to be driving under influence, there are certain legal terms that would proceed to check how much the person has drunk while driving, and on such basis, the law is not going to be harsh but equal to its standards to fix things accordingly.

For more on the subject of such matters, to find how much the legal terms can punish such person, and to know more how DUI persons should be treated by court, it’s better you come in touch of DUI attorney in Houston, mention the situation, and if the person belongs to your family, better come in their touch and try to solve it.

In the case of a tempted murder, such a situation can be different, often DUI person may have targeted a certain person but it’s not that it was the intention of murder, and in such case to defend yourself it’s better to be in touch of criminal defense lawyer Houston, mention the entire situation and they would help you to come out of it and fix your case despite you have been caught as DUI person.

Before you start to consider that it happened due to a mistake while drunk in driving or such law is harsh for you as a person liable, there are few norms to consider and they may include:

  • Realisation of the accident caused as DUI driver
  • Responses to the injured person while drunk during driving
  • To check how you were treated earlier as a DUI person at the court level

And these are few basic norms that have to be considered and they decide how harsh law should or otherwise in your case as a DUI person responsible for such act.

Legal stature is equal to all

The first thing is very clear to everyone that come under subject of the legal process whether, in the United States or other countries, the legal process is similar for all and if you have acted like a person who was Driving Under the Influence and has caused the accident, then you become the candidate of the person liable and should be punished under certain terms of law according to how much you have been tested.

Depends on the DUI person

As far charging for murder is concerned in regular cases of DUI members involved in more than one accident, it depends on how the accident occurred.

Also, it has to be checked that what the mental state of such person was while he or she tried to do similar acts multiple times while driving under influence, and this way it helps to cross-check and punish easily.

Conspiracy can be another aspect

Besides in the case of driving under influence, conspiracy also dictates terms, sometimes the person was forced to drink and then asked to drop his friends home and in such a process, he or she gets into the trap and becomes part of a legal case while the accident occurred in during such process.

And conspiracy has to be considered while it’s been a case of multiple charges and tempted murder when it comes to a person driving under influence and law should remain the same for such person.

Conclusion

For more on such subjects, to understand how the law works and what is the take of experts on that, and to know how a DUI person should be treated while caught red hand, you better come in touch with a drug crimes attorney Houston, discuss your case and such legal professionals shall look for previous charges and should prepare for trials against such person to settle the legal process as its should proceed.

Also in case of a tempted murder, crime on the scene in presence of DUI person or accident occurred while such person was on complete swift movement, to know how to handle such person to defend him or her, you better come in touch of Criminal defense lawyer Houston, test whether such person really intended to go for murder or it was a different case and such expert would help both sides to fix it with a better understanding of the matter for which you can take their advice and settle for better condition…

Nava Law Group, P.C. is expert in all such criminal cases including the one that comes under DUI case at court. They believe that such cases should be treated equally by the law and our criminal defense lawyers are also available if it was a case of misjudgment and settle it all for your involvement too.

The critical role of legal translators in criminal court

   

Every word of the law holds authority and sacredness to it. Because of this, the translated text of the law is held with the same high regard. In recent years, the translation and interpretation industry in the U.S. has significantly grown. According to the Department of Labor, it has stated that from 2014 to 2024, the industry will have about 29% growth. However, this article will discuss translations and how it helps bridge language barriers, especially for those with Limited English Proficiency (LEP). We will also discuss the challenges of legal translations despite how readily available translation software and machines are in the market. 

Now, let’s get right into it! 

Problems of language barriers in court hearings

It cannot be denied that when it comes to criminal court hearings, legal representation is one of the rights readily given to any accused individual. But what happens to the accused if they are Limited English Proficiency (LEP)? There is a higher chance that justice isn’t achieved due to language barriers. According to an article by PBS entitled, “How bad translation by court interpreters can turn misunderstanding into injustice,” PBS interviewed Patricia Michelsen-King, who teaches interpretation at Virginia Commonwealth University. She recounted that a Spanish speaker screamed at court, “I didn’t rape her!” because his interpreter used the word violación. This word does not translate to “violation” in Spanish. It means rape. The article discussed how misunderstandings such as this aren’t all that uncommon in courts. Because of this, some laws have been passed to ensure that courts remain impartial and fair to those that are LEP. An example of the Civil Rights Act of 1964, wherein the Supreme Court has stated discrimination due to low English proficiency will not be tolerated. This was further emphasized in 2000 when President Bill Clinton signed Executive Order 13166, in which all LEPs should have access to any Federal funded language services such as interpreters and translators. 

Legal translation services filling up the gaps

According to the U.S. Bureau of Labor Statistics, from 2019 to 2029, interpreters and translators will have a job outlook of 20%, which is much faster than any other industry. As we have established, language barriers can easily cause injustice for the LEP plaintiff or defendant. Finding the right legal translation services that can effectively impart the message of the source material to the translated text without jeopardizing it is absolutely crucial. We’ve gathered some information from three language experts regarding this matter. The American Translator’s Association (ATA) is an organization dedicated to advancing the translation and interpreting profession. On their website, members of their organization should be able to “faithfully, accurately, and impartially” translate the word and meaning of the translated text from the source material. The translator must uphold client confidentiality with the information they obtained. As for Slator, a language industry information provider, based on their interview with Dr. Victoria Froltsova, Head of Translation at Vienna-based law firm, points out that errors can change lives when it comes to legal translations, especially when it comes to legal translations in criminal cases. From Dr. Froltsova’s experience, they had to return translations due to some information from the crime scene not being translated well enough and quality management when it comes to legal translations is “the most demanding part of our work.” On our end from Tomedes, as an ATA-accredited language service provider, words matter and depending on the jurisdiction of the state or country from where you’re seeking legal translation services, the legal documents have to follow your court’s jurisdiction format. The legal translator must have a localized understanding of the law and language pairs of the legal document.

The importance of legal representation through translation

Since we have already established legal representation and having language-based services available is mandatory in court, let’s go a little deeper and focus on the subject of the translated text. Unlike interpretation, translation is more legally binding as it is documented. According to a research paper by Ali Darwish entitled “The Role of Forensic Translation in Courtrooms Contexts,” translators have a duty in not acting as “judges or jury to release or punish wrongdoers.” Their role is to ensure that the translated text carries the message of the original text for everyone to achieve justice. Even though the research article primarily deals with forensic translations, a more specialized aspect of the legal translation, it points out issues in translation that make the law and, in turn, achieve justice trickier. 

The law is already hard to grasp for the average English speaker. Think how much harder it is for the LEP plaintiff or defendant who now has to deal with legal jargon and terminology while barely understanding what’s going on due to language barriers. Because of this, the role of legal translators are crucial as they need a good understanding of the law, and they have to be fluent with the language pairs they specialize in. Due to globalization, the need for legal language services will increase. Another research paper by Radegundis Stolze entitled, “Translation and Law,” discusses that the lawyers don’t expect a replica of the source text when it comes to the translated text. What matters to them is that the message isn’t “lost in translation.” The paper discusses the lexical, cultural, and linguistic challenges when it comes to legal translations. Because of this, specialized subjects and courses were created to resolve these issues, such as comparative law and translation studies. The law is heavily influenced by the culture from which it originates. There’s a lot of considerations such as “the legal concepts, stylistic features, analysis of macrostructure, the problems of lexicography, etc.” With ever-increasing demand, how can translators keep up?

Law firms using machines for translation

As the world gets more and more automated for the past decade, translation technology has advanced significantly. Because of this, some law firms are incorporating translation software and machines to translate their legal documents. The reason for doing this is that it’s cheaper and takes up less time than hiring a translator. However, according to an article by Madison Elizabeth Wahler, “A Word is Worth a Thousand Words: Legal Implications of Relying on Machine Translation Technology,” it found that malpractice can quickly occur due to the translations of the machines and software. Let’s be clear. These law firms are not using Google Translate. They are using the same state-of-the-art technology being used by language service companies. However, there is a reason why these companies still employ translators and experts in legal translations, and that’s because the machines used for translation are still in their infancy. They don’t have the legal and cultural understanding of the text they are translating, which leads to a higher chance of mistranslating legal text.   

         

Conclusion

Legal translation services are needed more than ever due to our globalized world. In different parts of the world, like in the U.S., legal language services are made available to anyone who needs them to bring true justice, especially when it comes to criminal court. The challenge now is developing a method in which legal documents can be translated quickly without compromising the quality of the translated text. The current solution to this dilemma is by combining both the skill and expertise of legal translators and the advanced technology of translation software and machines.

Author Bio: Ofer Tirosh, CEO of Tomedes, a language service provider that specializes in legal translation services. Over the years, our legal translation services have successfully assisted legal projects in over 1,000+ language pairs for brands and organizations to help them achieve their global objectives. To know more, visit their website.

Apple’s wrongful termination case and what other corporates should know – guest post

   

wrongful termination

Case against Apple for wrongful termination

 

Apple Inc. bombed at convincing a judge to dissolve a wrongful termination claim by Anita Nariani Schulze, Apple’s former company engineer. Schulze filed a case against the firm for the charges of two East Asian male supervisors discriminating against her based on her ethnic Pakistani background.

 

Judge Sunil R. Kulkarni, California state court in San Joe, conditionally ruled that the woman can go further with her claim of unlawful termination. The judge mentioned that although Schulze resigned from the job voluntarily, she has the right to file for a wrongful termination case because she had to leave the job due to continuous discrimination at their workplace.

 

Apple faces a setback

 

This discrimination case is seen as a major setback for Apple’s reputation. The company has also lost an early round in this case. As per the woman, her two managers – one from her own country and another one from Pakistan – used to treat her like a submissive individual.

 

She also alleges that there is workplace bias in the firm, pointing towards discrimination based on cultural differences of certain workers coming from South Asia.

 

Even Cisco System Inc. Is fighting a similar kind of case that’s filed against them by a civil rights agency in California, alleging bias against Dalits (India’s lower castes).

 

Coming back to the case against Apple, Schulze is from the Sindhi minority. She is Hindu by religion with her ancestral roots belonging to the Sidh region that’s presently in Pakistan. According to her complaint, her direct and senior managers (both males) used to purposely keep her out of all meetings while inviting her male colleagues to the same meetings. Besides that, they even criticized her for micromanaging her work. And, also didn’t give her all the bonuses she deserved despite her noteworthy team contributions and good performance.

 

Schulze further mentioned that the reason for her managers’ behavior stems from racism, sexism, discrimination based on ethnicity, and religious bias. She also stated that the  People of Sindhi Hindu ethnicity is popular for its “technical acumen”. And, due to gender equality in today’s workplaces “provoked the managers’  to show discriminatory behavior towards her.

Even Apple did not respond quickly after the regular business hours to her request for comment.

The Case is – Schulze v. Apple, Inc., 20CV369611, California Superior Court, Santa Clara County (San Jose).

 

5 things corporates should know about employee termination

Employee termination is not a very simple matter. Although employers have the legal right for dismissing their employees any time they want, managers and HR leaders must be careful about their decision of firing someone.

Before firing an employee, the human resource department should consult a corporate lawyer who has a vast experience in dealing with such cases. It is because they need to ensure that their order for termination doesn’t violate any state or federal laws.

As per some state-exclusive laws and public policy exemptions, at-will employment doesn’t allow employers to just dismiss their employees on a whim. The termination is a straightforward process, but the employer needs to do it properly following the due process and documentation work to avoid themselves from any potential lawsuit.

 

  1. What can’t I fire an employee for?

Employers cannot fire even their at-will employees for any illegal reasons. And, discrimination is not legal. Employees can file a lawsuit against their firm if they feel they have been terminated wrongfully due to color, race, religion, disability, age, national origin, due to pregnancy, gender, or genetic information.

 

  1. How do I terminate an employee for poor performance?

Here are the steps to follow for terminating an employee with bad performance:

  • You need to document everything. While it is time-consuming, it is important to document everything related to employees.
  • Review employee’s job descriptions and mention the reason for their termination.
  • Also, follow up with the employee.
  • And, finally terminate the employee with a valid and legal reason

 

  1. How do I fire (and comply with the due process) an employee?

Here are some simple ways to fire an employee:

  • Do it face to face: You need to fire someone face to face, even though it can be uncomfortable. Never do it over the phone or through email.
  • Be concise and clear: You don’t have to waste time on winging it. How you break them the news is essential. Be sure that the reason for their termination is clear and concise. Also, show them documentation with examples when giving them the reason.

 

  • Expect emotion, but be firm with yourself: Some workers may take this news in stride, while others may go through various emotions, such as anger, grief, and shock. You need to show empathy but also be firm at the same time without any physical contact.
  • Be honest with them: If there are big layoffs, never leave employees in the dark. Be honest with them and move swiftly.

 

  1. Can I terminate an employee with mental health issues?

Being an employer, you have to take care of your employees. Not just this, employees with any disabilities are always protected by the country or state laws.  Due to this, termination from a job due to mental health issues may pose a risk to your firm.

Since the law sees mental health issues like disability, it leaves employers liable for discrimination claims. It may come with a major fine with no minimum service period. So, it is best to avoid it at all costs.

If possible you have given them sufficient time, provided them health services, and considered reasonable adjustments. If still, there is no sign of improvement in their work, you can consider a dismissal.

 

  1. Are terminated employees entitled to a severance package?

Generally, employees who are terminated are not provided any severance package – especially if they are terminated for misconduct. But an employee is terminated wrongfully, he/she can certainly claim their severance package along with the fine for their unlawful dismissal.

Why Is Having a Personal Injury Lawyer Important? – Guest Post

   

Personal Injury Lawyer

If a car has ever struck you or someone close to you, you know how bewildered you may feel while they are. You can seek reimbursement for your healthcare bills and other connected costs if you have been wounded or injured by another person, corporation, or driver’s negligence.

By selecting a personal injury lawyer, you might have a major effect on your trial. Of course, after vehicle accidents, you should consult an injury lawyer, but these are some important advantages you should know.

Better decisions 

If you’re not a lawyer, it might seem like a long and difficult legal process to file a personal injury claim. However, sometimes the offended person is wrong and ready to reward you. In such situations, it will be unnecessary to initiate legal action if the compensation sum is enough for your injuries. A skilled personal injury lawyer will examine your particular circumstances and advise you of the choices. You can also advise on the best course of action based on your situation’s severity.

Better Fairness and Professionalism

Extreme physical pain and mental anguish can cause you serious injury. You can avoid being fair in the pain and suffering that results from your injury. Your own feelings and beliefs can affect your ability to maintain facts. The circumstances of your case are of concern only to an accident lawyer. Don’t focus on the things that are insignificant; they will fight for you.

Better representation in the courtroom:

The last choice is to submit a legal complaint to be handled at court if you cannot reach a legal settlement. You want a professional on your side to plead your case under these conditions.

The defendant will undoubtedly have a skilled litigator working on their behalf, while you will be able to represent himself. If you wish to have a chance, you need a personal injury agent to match this level of experience.

Help you receive medical care.

If your lawyer knows about medical misconduct and personal harm, they may also guarantee that you get adequate treatment. As you recover, your injury lawyer may lodge claims against anyone who has hit you or is responsible for the injuries you have been injured. Please contact them if you need an injury lawyer. 

Help with your legal proceedings.

If the guilty party contests your compensation claims, court action is the next alternative. Thus, even if your personal injury claims are genuine, you may be in court, in particular, if you do not have a lawyer from the opposing side.

The ability of a lawyer for personal injuries in your corner makes it even. The lawyers you need to make the most of your claim might be obtained too. You will collect all the necessary proof to win your case.

Help you get quicker compensation.

If you don’t have a lawyer, wait until you recuperate enough before you seek recompense. This means that your settlement will take you a lot longer. Immediately after your accident, you should call a personal injury lawyer. In this method, you may submit claims for personal injury while you recover. A skilled lawyer with an extensive background in personal injuries and the laws involved can therefore take care of all reverses and help you be paid as quickly as possible.

No charge unless you win

Most lawyers in personal injuries pay cases. That implies that you do not pay legal costs unless the lawyer has a verdict or settlement in your name. During other expenses, you don’t have to worry about the upfront charges. The attorney takes the risk.

Consult a personally experienced lawyer

If another person’s carelessness injures you, you have the right to seek compensation for recuperation and compensation for financial losses that come from the accident.

Contact a personal injury lawyer for free counsel if you or someone you know have sustained a severe wound.

A Guide to Hiring a Criminal Defense Lawyer in Orlando- Guest Post

   

Criminal Defense Lawyer

Whether you are facing charges for drunk driving, fraud, murder or anything illegal, hire a licensed criminal defense lawyer in Orlando to get all possible help.

A knowledgeable attorney will benefit you in several ways. Starting with taking care of the paperwork so that the documents are filed properly. These trained professionals are well-versed with criminal laws and various loopholes that can work in their client’s favor.

With countless criminal defense lawyers out there, it is baffling to decide on the right one. How do you know whether someone is worth trusting for such a massive job of defending you? Fortunately, in this article, we have curated a detailed guide to making an informed decision that you will be proud of for many years to come.

So, read on as we learn about hiring a criminal defense attorney:-

#1 Learn About their Qualification

The first and foremost question is about their education.  The year when they completed the degree, how many criminal cases they have defended, the type of criminal cases they handle the most, in which courts they have defended so far and many more.

Find about any awards and achievements they have been conferred with. It will give you an insight into how much you can count on the attorney.

#2 Do They Have Courtroom Experience?

One of the crucial facets to look into when deciding on a criminal defense lawyer is their courtroom experience. The criminal court trials move fast. There are often times, a lawyer has a second or two to make an objection that significantly impacts your case’s outcome. It is imperative to ensure that your attorney has enough courtroom confidence. Also, well-aware of the rules to strongly defend you in court.

In this regard, you can easily judge a book from its cover. Is your defense lawyer well-spoken and has a neat appearance when you meet them? They’re likely to behave the same way in court.

All this will contribute to the chances of you winning or losing the case in the court.

Criminal Defense Lawyer

 

 

#3 Have You Checked Reputable Sources?

You can learn a lot about your potential criminal defense lawyer through sources Some of the sources are reputable, and others not.

Do check the State Bar of Orlando to see if your criminal defense attorney has any formal discipline on their record. It is a reliable source to check, but you should not stop here.

Several other top-rated reputable sources such as Google+ and Facebook to determine the credibility of your prospective criminal defense lawyer. These sites display genuine customer reviews, and attorneys can not remove the bad reviews about them.

Unlike other sites, these platforms won’t let criminal defense lawyers paint a rosy picture for their upcoming clients.

While, you should not count out an attorney just because of one bad review. However, reviews give a general idea of what previous clients say about your prospective criminal defense lawyer.

#4 Do They Have a Clear Fee Structure?

A  reputed criminal defense lawyer often doesn’t confuse their clients with their bills. Instead, they will clearly explain the terms and conditions about how they are going to bill. They will also give a rough idea with regards to the total cost for your legal representation.

Your criminal defense attorney should be honest and transparent to explain the legal fees upfront. Plus, be ready to take questions to clear all your doubts right away. Some lawyers charge on an hourly basis or flat fees.

While hiring a cheap attorney is easy, you can’t expect favorable results. Before inking a contract with your potential attorney on an hourly basis, you should ask for how many hours you expect to pay for.

No matter what type of fee method you agreed on, it is highly advisable to obtain proof in writing.

Trust Your Instincts

With so much at stake, it’s worth your time and efforts to locate a dependable criminal defense lawyer in Orlando to defend you in the court. Do comprehensive research over the Internet. And, personally interview before you decide whether to hire them or not.

Don’t feel timid to ask queries. Take recommendations from your friends or those who have recently hired a criminal defense attorney.

10 Domestic Violence Myths & Misconceptions- Guest Post

   

Domestic Violence and Abuse as a Abstract

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

 

  1. Domestic violence is only physical.

 

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

  1. Victims provoke domestic and familial violence.

 

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

 

 

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

 

  1. Domestic and familial violence will stop upon separation.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

  1. Domestic violence is a private family matter.

 

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

 

  1. Abusers are raised in violent families.

 

 

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

 

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

 

  1. Some individuals like violence.

 

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

 

  1. Abusive persons suffer from a mental illness.

 

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

 

Bio-

 

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

 

 

 

 

 

 

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

   

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

 

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

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

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

Conclusion:

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

How to Check your UK Visa Application Status

   

United Kingdom passport with Union Jack Great Britain flag

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

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

Tracking the UK visa application within the UK

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

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

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

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

How to proceed further

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

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

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

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

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

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

Tracking the application from outside the UK

 

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

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

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

Expedited services

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

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

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

 

Need legal assistance

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

 

 

 

 

 

 

 

 

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

   

drug distribution

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

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

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

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

Drug Possession 

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

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

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

Types of Drug Possession 

Actual Possession/Possession in Fact – 

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

Constructive Possession/Possession in Law – 

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

Drug Distribution 

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

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

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

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

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

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

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

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

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

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

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

   

family dispute

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

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

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

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

Let’s take a look!

1. Choose a Settlement or Early Mediation Conference

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

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

2. Crunch the Numbers

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

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

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

3. Set Your Objectives Beforehand

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

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

4. Figure Out What the Property Is Worth

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

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

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

This is where you can seek assistance from an appraiser.

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

5. Seek Assistance From a Charity/Estate Lawyer

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

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

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

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

To Conclude

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

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

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

   

personal injury lawyer

Types of cases a Personal Injury Attorney can help you with

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

Gather all the necessary information and documents to file your claim

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

File a personal injury claim 

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

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

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

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

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

Contact a Personal Injury Attorney

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

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

   

Ignition Interlock Devices

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

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

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

IID Origins and State Laws

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

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

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

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

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

How Effective are Ignition Interlock Devices?

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

Lesser Drunk Driving Cases

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

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

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

Recidivism

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

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

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

Ignition Interlock Devices and Alcohol Abuse Treatment

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

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

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

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

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

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

 

 

 

 

About the Author

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

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

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

   

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

 

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

 

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

 

1. Find a good Lawyer

 

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

 

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

 

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

 

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

 

2. Do not tell anyone you have done a crime

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

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

 

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

3. Make sure your attorney knows your rights

 

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

4. Make sure you have witnesses

 

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

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

 

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

 

 

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

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

   

arson criminal lawyer

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

What exactly is arson?

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

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

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

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

Which properties are in danger?

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

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

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

How to Aid in the Prevention of Arson Attacks

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

How do you deal with an insurance adjuster after arson?

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

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

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

Red Flags

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

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

Level Of Evidence

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

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

Arson

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

Investigation of the insurance

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

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

Hire a Lawyer

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

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

 

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

   

Health Insurance Portability and accountability act HIPAA and stethoscope.

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

Defining HIPAA Compliance

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

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

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

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

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

HIPAA Violation

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

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

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

HIPAA Violation Penalties

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

Civil Penalties

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

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

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

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

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

Criminal Penalties

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

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

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

 

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

 

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

To conclude

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

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

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

 

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

 

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.