Category: KC Defense Counsel Articles

Understanding the Benefits of a Settlement Agreement – Guest Post

April 5, 2023

A settlement agreement is a legal contract that sets out how a dispute will be resolved. Often used in work disputes, divorce, and property arguments, settlement agreements can keep conflict out of court and save parties time and money.

Employers use settlement agreements to terminate an employee on mutually agreed-upon terms. This can avoid a long, drawn-out process, such as a performance review or complete redundancy process.

It Saves Time and Money

Whether you are in a divorce or marital conflict, property dispute, or work dispute, there are many benefits to negotiating a settlement agreement. These include avoiding court trials, reducing stress, and ensuring fairness.

A settlement agreement NJ describes how a matter will be handled in a legally binding contract. It is often used to keep conflicts out of civil courts and saves parties time and money by avoiding unnecessary expenses associated with a civil court case.

The most important thing is to refrain from signing a settlement agreement directly, even if your employer is trying to pressure you. Always tell your employer you want to read the settlement agreement thoroughly before signing it.

Avoids Court Trial

A settlement agreement can be a great way to resolve your case. It will avoid costly and lengthy court proceedings while reducing stress on both parties.

A good settlement agreement will include a fair amount of money and be detailed and specific. It should include details such as a timeline of the events leading up to the settlement, a release from future claims, and a clause to ensure payment is made in full within a specific timeframe.

A settlement agreement may also contain other critical legal provisions, such as a confidentiality clause preventing your employer from leaking your private information to the media or competitors or a no-fault awards scheme in the event of a personal injury lawsuit. A settlement that includes a no-fault award might be the only way to get a defendant to pay damages. It is also the best way to avoid a trial by a judge or jury.

Reduces Stress

While the settlement is stressful, the process can be less so, thanks to some pre-arrangements. It is also a great time to take stock of your assets and figure out what you can do with the rest of your life – a feng shui. You may not be able to change your job, but you can certainly put your best foot forward and improve your career prospects. This is where a well-crafted settlement agreement can pay big dividends. Having the right lawyer on your side can make a difficult situation even more accessible and more fun. For instance, an excellent legal team will know how to navigate the new economic climate if you have just lost your job to the recession.

Ensures Fairness

A settlement agreement ensures that you will receive a fair sum of money. It will consider your income and how much you’ve worked for your employer, so you can pay for your living expenses until you find a new job.

You can also claim back taxes on some of your compensation. This can make your settlement sum more valuable, and if you have specialist legal advice on board, you will be more likely to get more.

You can ask the court to intervene if you believe that your employer is not following what was agreed in your settlement agreement or has breached it. If they do this, you can ask the judge to decide if it is fair.

R. Christopher Simons 3 Best Rated DUI Lawyers In Kansas City

March 2, 2023 (updated March 17, 2023)

Thank you Kansas City. R. Christopher Simons 3 Best Rated DUI Lawyers In Kansas City Missouri

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The Changing Landscape of Immigration Law – Guest Post

January 27, 2023 (updated January 27, 2023)

Introduction

Immigration law is constantly evolving, and it can be difficult to keep up with the latest changes and their impact on individuals and families.

In this blog post, we will take a closer look at some of the recent developments in immigration law and what they mean for those seeking to enter or remain in the United States.

From changes in policy to new laws and regulations, we will explore the various ways in which the landscape of immigration law is changing, and provide tips and resources for navigating this complex field.

Whether you are an individual facing immigration issues, or an attorney working with clients in this area, this post will provide valuable insights and information to help you stay informed and understand the current state of immigration law.

Policy Changes: Understanding the Impact of Executive Orders on Immigration

Executive orders are a powerful tool used by the President of the United States to shape immigration policy and law.

These orders can have a significant impact on individuals and families seeking to enter or remain in the United States, as well as on businesses and employers.

One key area of immigration policy that has been affected by executive orders is the Deferred Action for Childhood Arrivals (DACA) program.

DACA was established in 2012 by executive order under the Obama administration and provided certain individuals who came to the United States as children with temporary protection from deportation and work authorization.

However, in 2017, the Trump administration announced plans to rescind DACA, and this decision is currently being litigated in the courts.

Another area of immigration policy that has been affected by executive orders is travel and admission to the United States.

In 2017, the Trump administration issued an executive order that imposed a temporary travel ban on individuals from several Muslim-majority countries, which caused widespread confusion and chaos at airports.

This order was later revised and upheld by the Supreme Court.

Executive orders have also been used to reform the asylum system and enhance enforcement efforts.

For example, an executive order was issued that makes it more difficult for individuals to qualify for asylum, and another one that expands the definition of “criminal” and prioritize deportation of non-citizens who have been convicted of a crime.

It is important to note that executive orders can be rescinded or modified by the current or future administration, so it is essential to stay informed and up to date with the latest developments in immigration policy and law.

Additionally, this area of law is complex and people may want to seek the help of an experienced immigration attorney to navigate the system.

New Laws and Regulations: Keeping Up with the Latest Developments in Immigration Law

Keeping up with new laws and regulations in the field of immigration law can be a challenging task, as the laws are constantly changing and evolving. Some recent developments include:

The Public Charge Rule: In 2019, the Trump administration implemented a new rule that makes it more difficult for immigrants to obtain legal status if they have used or are likely to use public benefits like food stamps or housing assistance. This rule has been challenged in court and its implementation has been delayed.

The RAISE Act: In 2017, the Trump administration proposed a bill called the RAISE Act, which aims to reduce legal immigration to the United States by limiting the types of family members who can sponsor a person for immigration and creating a points-based system for selecting immigrants.

The H-1B Visa: The H-1B visa is a popular visa category for highly skilled workers, and the U.S. government has been proposing changes to the H-1B program that could make it more difficult for companies to sponsor these workers.

The Migrant Protection Protocols (MPP): MPP is a U.S. government policy that requires certain non-Mexican asylum seekers to wait in Mexico for the duration of their immigration proceedings in the U.S.

These are just a few examples of recent developments in immigration law, and there are many other laws and regulations that can impact immigration.

It’s important for individuals and attorneys to stay informed about the latest changes and their implications for those seeking to enter or remain in the United States.

As immigration law is constantly changing, it is important to seek the help of an experienced immigration attorney to help navigate the system, and also stay informed by consulting the latest immigration law updates from reliable sources.

Navigating the System: Tips and Strategies for Working with Immigration Officials

Navigating the immigration system can be a challenging and overwhelming task, but there are some strategies and tips that can help make the process easier and more successful.

Tips and Strategies	Description
Gather all necessary documents	Before you interact with immigration officials, make sure you have all the necessary documents to support your case, such as birth certificates, passport, marriage certificates, and other evidence of your relationship to family members.
Be prepared for your interview	If you have an interview with an immigration official, it’s important to be prepared and understand the questions that will be asked, and practice answering them.
Hire an experienced immigration attorney	An experienced immigration attorney can help guide you through the process and provide you with the best possible outcome.
Keep records of all communication and correspondence	Keep detailed records of all communication and correspondence with immigration officials, including dates, names, and the content of the conversations.
Understand the timelines and deadlines	Be aware of the timelines and deadlines for each step of the process and make sure you meet them.
Be honest and truthful	Always be honest and truthful in your interactions with immigration officials.
Be respectful and polite	Remember to be respectful and polite to immigration officials.

Please note that this is just a small list of tips and strategies, and depending on your specific situation, other tips may apply. Remember to seek the help of an experienced immigration attorney for guidance and support.

Impact on Families: Understanding the Consequences of Immigration Law Changes on Families

Immigration law changes can have a significant impact on families, as they can affect the ability of family members to be together, or to remain in the country. Some of the ways in which immigration law changes can impact families include:

Separation of families: Changes to immigration laws and policies can lead to the separation of families, as some family members may be denied entry or be removed from the country.

Difficulty in reuniting families: New laws and regulations can make it more difficult for family members to be reunited, as the process for sponsoring family members for immigration may become more restrictive.

Difficulty in obtaining legal status: Changes to public charge rules and other laws can make it more difficult for individuals to obtain legal status, which can have a ripple effect on families and their ability to remain together.

Increased stress and anxiety: The uncertainty and unpredictability of immigration laws can cause increased stress and anxiety for families, especially those who are trying to navigate the system.

It’s important to understand the potential consequences of immigration law changes on families and to seek the help of an experienced immigration attorney to help navigate the system.

Families can also stay informed by consulting the latest immigration law updates from reliable sources.

Choose the Right Lawyer for Your Immigration Case

Choosing the right lawyer for your immigration case is crucial, as it can greatly impact the outcome of your case.

Here are some important factors to consider when selecting an immigration lawyer:

Experience: Look for an attorney who has experience handling cases similar to yours. They will have a better understanding of the laws and regulations that apply to your case.

Professionalism and Reputation: Look for an attorney with a good professional reputation. You can ask for recommendations from friends and family, or check online reviews to see what other clients have said about them.

Communication: Make sure the attorney you choose is willing to communicate effectively with you and answer any questions you may have. They should be able to explain the process, timelines, and any potential outcomes in a way that you can understand.

Cost: Consider the attorney’s fee and make sure it is within your budget. You should also ask if the attorney charges a flat fee or if they bill by the hour.

Responsiveness: Make sure the attorney you choose is responsive and available to assist you with your case.

Licensing: Make sure the attorney you hire is licensed to practice in the state where your case will be heard.

Success rate: Look for an attorney with a proven success rate.

By keeping these factors in mind, you can choose the right attorney for your immigration case, which will help you navigate the legal process and increase your chances of a successful outcome.

Conclusion

In conclusion, the immigration process can be complex and difficult to navigate, and it is important to choose the right attorney to help guide you through it.

By considering factors such as experience, professionalism, communication, cost, responsiveness, licensing and success rate, you can select an attorney who will be best equipped to help you with your case.

Remember that an experienced and reputable attorney can greatly increase your chances of a successful outcome, so it is important to take the time to find the right one for you.

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WHEN TO TAKE LEGAL ACTION AGAINST A CLIENT – Guest Post

December 8, 2022 (updated December 9, 2022)

Much attention is paid to strategies for keeping businesses out of litigation issues, but what happens when it might be time for a business to be the party that initiates legal action?

In any business, client relationships can break down; sometimes, through no fault of its own, a business is not correctly compensated for the work they have supplied and must consider how far it will go to rectify the issue. Bad payers are a problem most companies will face from time to time, and knowing what steps to take can make the ordeal a little easier to manage.

Some clients simply stop paying and communicating, which can be particularly stressful, especially if there’s a large amount owing and the work must be halted. Other times, vendors fail to provide the service or product a business has paid them for, and they, too, can become elusive and difficult to communicate with.

Taking legal action is the last resort, but sometimes there is no alternative; of course, it’s a matter of weighing up the financial pros and cons, but it’s also important to understand at what stage litigation becomes an appropriate option.

Here are the steps to take on the road to taking legal action against a client.

CAREFULLY REVIEW THE CONTRACT

Before you make any moves, it’s imperative that you carefully review the contract agreed between you and the client to ensure that you accurately represent both your and the other party’s responsibilities to the other.

In reviewing the contract, you can be absolutely sure that you have fulfilled your agreed obligations before reaching out to address their failure to do the same. It can be helpful to make a list as you go through the contract and record everything that has and/or has not been fulfilled.

If there is no one ‘contractual document’ to refer to, remember that any written records of agreements (such as emails) regarding expectations, prices, timeframes, etc., can also be used in lieu of an official contract. Of course, having a legal contract in place is ideal, but a chain of (email) correspondence is still useful.

ATTEMPT TO RESOLVE THE SITUATION DIRECTLY

When taking legal action, it’s essential to be able to clearly demonstrate that you have attempted to resolve the matter amicably (and a generous serving of good grace goes a long way, too).

When you reach out in an attempt to resolve the situation amicably, you are demonstrating good faith and reasonable intent should a court ever review the case. In the best-case scenario, however, your attempt to reach out directly will bring the matter to a satisfactory close without the need to take it to court.

Finding out why the client is refusing to pay can provide invaluable information that can help you to solve the issue amicably. Perhaps they are suffering unexpected financial hardship, and an agreeable payment plan can be established, or maybe they are unhappy with your work, and their complaints are rectifiable.

Reach out respectfully – always in writing to maintain a clearly documented trail of correspondence – and demonstrate your willingness to be mutually reasonable. You may be surprised to discover that the issue is more easily fixed than you thought. Otherwise, it’s time to take the next step.

ISSUE A FINAL DEMAND

If no reasonable solution can be reached and the client continues to refuse payment, the next step is to have your lawyer send them a demand letter. A demand letter (also known as a formal or final demand) is a letter issuing a final warning of your intent to begin legal proceedings. A demand letter is often the first thing a judge will want to see that you have issued should you file a formal legal complaint.

A demand letter should clearly outline the amount owed, the date the payment was due to be paid, and advise of the legal action you intend to take if they continue to refuse to pay. Sometimes, a strongly worded demand letter highlighting the intent to initiate legal action is all it takes for a bad payer to cough up or commit to a payment plan to avoid court proceedings.

SUE VIA SMALL CLAIMS COURT

If the final demand letter proves fruitless, it’s time to consider suing the client in small claims court. The maximum amount that you can sue for differs between states; in Kansas, it’s $4,000, while in Missouri, the maximum is $5,000. Small claims courts are designed to facilitate quick and easy resolutions to relatively small disputes, avoiding the greater costs and time it takes to pursue legal matters in civil court. It may not be necessary to engage an attorney for a small claims matter, and verdicts are typically quickly returned after the hearing.

SUE VIA CIVIL COURT

It isn’t common to see a debt-related case handled via civil court, as the costs and risks of going to trial are usually enough of a deterrent to both parties. Nevertheless, the amount owing and the nature of the dispute may call for a County or District Court to solve. If the dispute goes this far, it will be necessary to engage with an attorney to help navigate the complexities of civil case procedures and ensure the best possible outcome.

THE BOTTOM LINE

Legal action should always be considered the last resort for obvious reasons. The time, cost, and stress involved in taking legal action should be avoided if possible, and no matter how watertight you’re sure your case is, the process of going to court can dish up some surprising turns that can prove it to be far less clear-cut than anticipated.

That said, if you have no choice but to pursue legal action, investing in expert advice from legal professionals can save you a great deal of time and money in the long run.

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What To Do If You Get Hurt In An Uber Accident? – Guest Post

November 8, 2022

Now in the overcrowded world, accidents happen many times a day. So if you get into an accident with your uber, it’s important to know what to do. For those who don’t know, Uber is a ride-sharing service connecting people who want a car to travel from one place to their destination.

If you involve in any road accident, such as the Uber accident, you should be aware of your rights and protect your injury settlement. Unfortunately, you don’t know what to do next when you take the Uber service and get hurt in an accident. Here are some important things, including hiring an Uber accident lawyer you must do if you get hurt in an Uber accident.

Report The Accident

It’s your right to report the accident if your driver was involved in the uber accident as a passenger. You must inform the police by contacting them by phone to let them police know when and where the accident happens.

Also, until the police don’t arrive at the accident location, you must keep your eyes on drivers and push them to remain at the location. It doesn’t matter whose fault the accident is if the damage is not major or significant, and the Uber driver also prefers to go instead of waiting.

But if you get hurt in an accident and have serious injuries, it’s very important to report the police to the accident to claim insurance. When the police arrive at the scene, they handle the situation or gather all necessary information from the scene.

Record The Details

You must record all details related to the incident of the Uber accident and keep those records as witnesses. You should take down people’s names and contact numbers immediately after the accident happens. For filing a claim regarding an uber accident, you need some information such as the following:

Both driver’s names and contact who involve in an accident
Accident time and date
Witnesses’ names and contact information

Get Medical Attention

If you and the Uber driver get hurt in an accident, you should immediately contact the medical facility after resolving the initial chaos and shock. Immediately contacting the medical facility doesn’t mean you need to take an emergency ambulance ride, but getting an appointment with any doctor as soon as possible.

But if you get injured too badly, you must also go to the hospital for better treatment. If the injuries aren’t as serious as minor ones, then instead avoid, you must visit the doctor because these injuries hurt the most after a few days or weeks.

Avoid Offers Of Premature Settlement

If you get hurt in a major accident, you may be able to negotiate with the Uber driver and ask them to pay your medical expenses. But instead of doing it on your own, you should take legal action to get a claim because the claim you will get by legally is much higher than the premature settlement.

Final Words

If you are not aware of your right or do not know what to do after getting hurt in an uber accident, then taking advice from an Uber accident lawyer will help you negotiate legally. They will help you getting fair and reasonable compensation.

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Ignition Interlock Devices and the Law: Penalties for Violations – Guest Post

October 4, 2022

Ignition interlock devices, or IIDs, have grown in popularity due to the increased safety they offer drivers convicted of driving under the influence (DUI). However, these devices are not without drawbacks.

An IID can only be removed when its required period has expired, and violations of the IID device can also result in potentially severe consequences. Let’s take a closer look at how you could face penalties if you violate an IID’s terms of use or fail to install the device properly on your vehicle.

What Are Ignition Interlock Devices?

If you were ordered for an efficient interlock installation in your vehicle, you’re probably wondering how to get out of that requirement if you need to drive to work or take your children to school.

First, remember that an IID doesn’t just ensure that you don’t get into an accident while intoxicated — it also helps prevent instances of drunk driving by preventing you from even starting your car after drinking any alcohol at all.

An ignition interlock device (IID) is designed to monitor your breath and prevent you from starting your car if you have been drinking alcohol. If you have an IID installed in your vehicle, it’s important to know what penalties you’re subject to if you violate its terms of use.

4 Common IID–Related Violations and Penalties

So, what are considered IID violations? Here’s a list of ignition interlock device-related violations you may face:

Violation 1: Incorrect Device Usage

An ignition interlock device should be easy to use. It should get you on the road without any problems, provided that the installation is done right and electrical automotive repairs are performed correctly. However, before installing it on your car, be sure you know and understand how to use it. This way, you can avoid violations and penalties.

Violation 2: Disregarding Random Retests

No matter how reliable your ignition interlock device is, it will require several retests while you are driving to prevent DUI. Once you see a retest alert, you need to pull over to a safe place to complete the test. If you pass, you can continue driving.

Now, you may ask; Will failing an ignition interlock test be considered a violation? It depends. Most of the time, a failed result will require you to test again or trigger a temporary lockout.

However, if you continue driving and do not take the test, it is considered a violation. And consequences await.

Violation 3: Disconnecting IIDs

It is advised not to disconnect your IID. This is because everything is recorded, and you may face serious consequences. But at times, you may be allowed to disconnect the device to prevent it from being left under extreme temperatures under varying weather conditions. Just make sure that you are permitted to disconnect the device should you wish to do it.

Violation 4: Tampering with IIDs

Never tamper with your IID, no matter how tempting it is. Aside from the fact that it won’t work, this can result in a temporary lockout. And mind you, any attempt to tamper with your IID will be recorded, which is a violation.

Also, some IIDs have a tamper-evident label, and removing it is considered a violation. The penalties may vary. But most likely, you will have to settle hefty fines or face jail time.

General Penalties for Violations

The penalties for an IID-related violation vary from one state to another, and they differ based on the violation’s severity. While some violations can trigger a temporary lockout, the more serious incidents can cause the driver’s probation period to be extended.

Worse, after several violations, your IID may go to a Violation Reset mode. In this case, you need to have it serviced to prevent a lockout.

If you want to know more about these fines and penalties, expert DUI attorneys can help.

Seek Efficient Interlock Installation!

Should you need an ignition interlock device installed in your car, visit the nearest service location immediately. But before you do so, prepare your paperwork from the state, so no problems arise in the process. Most of the time, the IID installation should be completed within a few days.

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.

Should I Hire an Attorney after a Car Accident – Guest Post

June 2, 2022

There are many things to consider after a car accident. One of the most important decisions is whether or not to hire an attorney. Here are some factors to help you make that decision:

-The severity of the accident and injuries involved

-The other driver’s insurance company

-Your own insurance company

-The police report

-Potential witnesses

-The amount of property damage

Attorney May Help You for Fair Compensation

After a car accident, you may be entitled to compensation for your damages, including your medical bills, lost wages, and car repairs. The insurance company may offer you a low settlement or deny your claim altogether. An experienced car accident attorney will know how to negotiate with the insurance company to get you the best possible settlement.

An Attorney Can Help Prove Your Case

In some car accidents, liability is not clear. An experienced car accident attorney can investigate your case and help prove who is liable for the accident.

You May Need an Attorney If You Have Serious Injuries

If you have been seriously injured in a car accident, you will likely need an attorney to help you recover compensation for your injuries. Serious injuries can include broken bones, internal bleeding, or head and brain injuries. These types of injuries can require extensive medical treatment and may prevent you from working. An experienced personal injury attorney can help you get the compensation you need to pay for your medical bills and lost wages.

You May Need an Attorney If You Have Uninsured or Underinsured Motorist Coverage

If you have been in an accident with a driver who does not have insurance or does not have enough insurance to cover your damages, you may need to hire an attorney to help you recover compensation under your own uninsured or underinsured motorist coverage.

You May Need an Attorney If You Are Not at Fault for the Accident

If you were not at fault for the car accident, but the other driver’s insurance company is trying to place blame on you, you may need to hire an attorney to help you prove that you were not at fault for the accident.

You May Need an Attorney If You Are Being Investigated for a DUI

If you have been in a car accident and the police are investigating you for a DUI, you should hire an experienced DUI attorney to help you with your case.

When to Contact an Attorney

If you have been in a car accident, it is important to contact an experienced car accident attorney as soon as possible. An attorney can help protect your rights and ensure that you get the compensation you deserve.

How an Attorney Can Help After a Car Accident

An experienced car accident attorney can help you in many ways after a car accident. An attorney can help you negotiate with the insurance company, investigate your case, and prove who is liable for the accident. An attorney can also help you get the compensation you need to pay for your medical bills, lost wages, and car repairs. If you have been seriously injured in a car accident, you will likely need an attorney to help you recover compensation for your injuries.

You should contact an experienced car accident attorney as soon as possible after a car accident to protect your rights and get the compensation you deserve.

Conclusion:

If you have been in a car accident, contact an experienced car accident attorney to discuss your case and help you determine if hiring an attorney is right for you.

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Ferguson Report

January 27, 2021

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

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

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7 Tips to Improve Due Diligence for Businesses

November 25, 2020

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

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

7 Tips to Improve Due Diligence for Businesses

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

Never assume all deals are the same

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

Make due diligence towards reaching a business decision

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

Have experienced due diligence deal team

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

Give enough time for the due diligence team

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

Make use of electronic data room

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

Treat every aspect of the due diligence as vital

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

Communicate clearly with your deal team

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

Conclusion

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

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

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Drug Charges: Legal Repercussions and Difference between Federal VS State Sentencing

March 31, 2020 (updated November 26, 2022)

Drug Charges: Legal Repercussions and Difference between Federal VS State Sentencing

Guest Contributor: Eva Braughly

Drug addiction can become a negative driving force in a person’s life. Dependence on illicit substances leads to an influence on the mental and physical state of a person. The government aims to protect the public from the harsh effects of substance abuse and ignites the campaign against drugs through the laws enforced on the land. Drug charges are often made against individuals that possess illicit substances. The differences in the penalties would be determined by the amount of the substance involved and the intention behind the possession of the banned drugs.

The charges involved in drug cases would be identified depending on the person’s intent. The charges can have lighter penalties to decades-long jail time. If the person possesses sells, manufactures or transports drugs, he or she will be subjected to the law. However, there are times that a person does not have any illegal intent in carrying substances and was caught in the middle of a case. No matter what the situation is, a person getting charges needs an experienced drug defense lawyer to help the defendant get better chances in a lighter sentence.

What is a controlled substance?

A controlled substance refers to the type of drugs that are under the rigid surveillance and control of the government. The reason for the strict government restrictions is due to the drugs’ ability to influence a person’s state of mind and physiological condition. These substances can cause dependency leading to drug abuse or addiction. The control of the authorities applies to the way the drug is handled, stored, distributed, and used.

The substances that are under restricted governance are the hallucinogens, steroids, stimulants, opioids, and, depressants. Substances such as Ritalin, Valium, and morphine are used for medical purposes and can only be released by medical personnel with a license. Illicit drugs like LSD and heroin have no medical use which makes the substances completely illegal.

What are the legal repercussions of drugs?

People or individuals that are involved in the illegal trade and possession of controlled substances will be subjected to various consequences. The prisons and jails across the United States are filled with convicts with drug charges. The penalties related to drug crimes are heavy fines, community service, probation, jail time, and possible house arrest depending on the nature of the case. The worst sentence with a drug case is the fact that a person will have a criminal record no matter how light the penalties are. A person convicted of a drug crime will have a criminal record that will make it difficult to get a job, loan approvals, and many more.

Illegal VS Legal Substances

The legal use of a drug depends on the usage of the substance and the application it is used for. An example is an amphetamine where it is used for medical purposes such as treating attention deficit disorder. Another substance that has legal use is marijuana where it can help relieve cancer-induced nausea. Barbiturates are used to help treat anxiety. If these substances are gained illegally and unsupervised usage is done, they can present a risk to the person and the public. This is why the law is regulating the usage of these drugs to avoid any abuse or addiction to the substance.

Federal and State Drug Laws

The US has a longstanding fight against illegal drugs in relation to combating abuse or distribution of illicit drugs. According to PewTrusts.org, most of the
federal convictions are related to drug trafficking. State and local arrests are mostly on drug possession charges. A huge portion of those local charges is related to marijuana possession charges.

The major difference between the federal and state laws when it comes to drug cases is the intensity of the sentences. Federal charges would lead to longer jail time and harsher penalties. State arrests, especially when the case is mostly on simple possession can be charged with a misdemeanor and have probation in line. State convictions can have a shorter time in jail or a fine. The state sentences can be differentiated based on the person’s criminal history.

People facing drug charges are advised to work with a
drug defense lawyer. A defense attorney can help the defendant navigate through the process and help negotiate a lighter sentence or penalty. The system can be confusing especially for new timers in court but a lawyer can help out the client into easing into the system and get better results for the parties involved.

Eva Braughly evabraughlyblog.wordpress.com

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