Criminal Defense

Posted by on Jul 27, 2017 in Criminal Defense | 0 comments

Formally defined, “criminal law” applies to the rules and statutes the government creates to prevent conduct that threatens and harms public safety. Crimes generally get categorized as either felonies or misdemeanors depending on their nature, and each offense has a maximum issuable punishment based on its severity. Most states, in fact, subdivide felonies and misdemeanors into different “classes” based on the nature of the offense.

Common criminal charges

As the Okaloosa County criminal defense attorneys at the Flaherty Defense Firm explain, common criminal charges include:

  • Domestic violence: oftentimes, police arrest individuals when responding to a domestic dispute regardless of whether there were signs of actual violence or injury. This arrest in and of itself can damage one’s criminal record.
  • Assault and battery: assault is a threat to do harm, while battery actually causes physical harm.
  • DUI: an experienced lawyer can help someone convicted of a DUI minimize the extent of their punishment and work to preserve their ability to drive
  • Sex crimes: penalties for this offense are generally severe—offenders often receive a lengthy mandatory prison sentence and are forced to register as a sex offender after being released.
  • Drug offenses: includes possession (or trafficking) of marijuana, heroin, and any other illegal substance.
  • Juvenile charges: applies to cases in which the offender is too young to be charged in an adult court
  • Theft: includes charges of shoplifting, burglary, dealing in stolen property, and grand theft

In addition to helping clients in court, many criminal lawyers support their clients immediately following the incident. For example, some lawyers help their clients determine whether there’s an arrest warrant against them and whether there’s a bond on the arrest warrant.

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Sexual Battery: A Class B Felony in some States, while a Capital Felony in Others

Posted by on Jun 24, 2017 in Criminal Defense | 0 comments

In August of 2016, a 29-year old music instructor from Johnson County in Kansas was sentenced to life in prison after he pleaded guilty to one count of aggravated indecent liberties. His victim was a 7-year-old girl. Prior to this conviction, said music instructor had also been charged in the past with sexual abuse, sexual exploitation of a minor, first-degree child molestation, first-degree statutory sodomy, and possession of child pornography.

Both federal and state laws consider crimes that cause innocent victims severe harm as very serious offenses; thus, offenders are given heavy punishments, like incredibly costly fines and years of imprisonment; some offenders are even sentenced to life in prison.

Very serious crimes include: treason, which is betrayal of one’s country and the most serious crime in the U.S.; murder, which is the unlawful planned killing of another person; and, sex crimes, such as rape, predatory sexual assault and, in a number of states, sexual battery.

Sexual battery, in particular, is any form of unwanted or non-consensual touching or sexual contact; it does not involve sexual intercourse or penetration as in the case of rape. In some states, sexual battery is referred to as criminal sexual contact and it can be committed in many different ways, like grabbing or fondling a woman’s breast, patting a person’s buttocks, forcing a kiss on the mouth, forcing a victim to touch an offender’s intimate body part, or touching a victim’s genital area; these acts are committed by an offender for the purpose of arousing or sexually gratifying himself/herself.

The most common victims of sexual battery include a relative, a classmate, a neighbor, an acquaintance, a co-worker, a friend, a dating partner, or even a spouse. As explained by the firm Horst Law, sexual battery can be elevated to an aggravated form, specifically, to Class B felony, if the offender committed the offense while using a weapon as a means of force or coercion, causing bodily harm, engaged in the offense with the help of another person, or if the victim was less than 13 years old.

In some states, sexual battery is considered a capital felony if the offender is at least 17 years old and the victim, below the age of 12 and, if the act causes injuries to the victim’s sexual organ. Capital felony is punishable with life imprisonment or death.

As frightening as the immediate consequences of a conviction for any sexual offense are, another cause for serious concern is that a conviction will directly affect the way a person will be able to live the rest of his/her life. He/She may also be ordered to register as a sex offender if he/she is convicted; the outcome of this case is likely to affect his/her employment opportunities, living arrangements, and conceivably even his/her personal relationships.

All these are frightening, indeed. However, though accused, no conviction has been made yet, which means the person accused will still be able to defend himself/herself and his/her reputation in court – with the help of an experienced criminal defense attorney.

 

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In the Event of Wrongful Death You can lift the Financial Burden placed on Your Family by Holding Culpable Parties Accountable

Posted by on Mar 9, 2017 in Wrongful Death Claim | 0 comments

All manufactured goods, whether for indoor or outdoor use, are meant to provide fun, comfort, health, convenience, etc., while human services, especially health care, ought to make a person’s overall condition better. This is what everything is intended for, and, by being aware of our moral and legal responsibility in not endangering the lives of others, life should, therefore, be totally safe and fun.

Safe and fun, however, are not the only realities in life. Often, there are also injuries and death. Every year either millions of individuals suffer injuries or families lose a member due to death. Majority of these injuries and deaths, however, are not the fault of the injured or dead individual, who is believed to have acted diligently and with due care; rather, these are the faults of people, whose reckless or negligent actions have all but resulted to injury-causing or fatal accidents.

Negligent or reckless acts resulting to personal injury are considered tortious acts or civil offenses. Under the laws of the United States, the tortfeasor, that is the person or party that caused the injury, is legally required to compensate the victim for all the damages resulting from the injury.

There are extreme cases, however, when the effect of a negligent act is much more damaging than a severe injury, namely, wrongful or untimely death. In the event of death a representative, who would act on behalf of the victim’s survivors (legally identified as “real parties in interest”), can file a lawsuit called a wrongful death claim.

Wrongful death is the unexpected loss of someone’s life either because of another person’s negligence or willful misconduct. It does not only leave a family grieving over the loss of one of its beloved members, it may also throw them into a situation wherein they will be made to suffer financial difficulties, especially if the victim is the breadwinner in the family. This is why dependents or the surviving family members of the deceased have the legal capacity to seek justice and compensation (through a civil lawsuit) from the reckless or negligent party who is liable for their devastating loss.

A wrongful death claim or lawsuit is a special type of personal injury lawsuit that is filed for the purpose of seeking compensation for all the financial damages the dependents are (and will be) made to suffer. Though states may actually differ in what factors and elements are considered regarding who the “real parties in interest” may be or what may be considered as compensable, some of the commonly accepted coverage of the compensation includes medical and funeral expenses, loss of financial support, loss of the decedent’s services, and lost possibility of inheritance.

The identities of the real parties in interest vary from one state to another. They may refer to:

  • the deceased victim’s immediate family, which includes the spouse, child/children and/or adopted children;
    parents (if the victim was unmarried);
  • distant family members, like brothers and sisters, and grandparents;
  • those directly financially affected by the victim’s death due to the cessation of the victim’s care or support;
  • the deceased victim’s (financial) dependents, life partner or putative spouse (a person who sincerely believes that he/she and the deceased were married); and,
  • parents of a deceased fetus (while there are states that consider as real parties in interest only the parents of child already born, there are those, on the other hand, that consider the fetus’ death a basis for a wrongful death claim).

A wrongful death lawsuit is not a simple procedure and even if the liable party were willing to settle with the victim’s survivors, the amount of compensation given is often not a just amount. In this type of legal procedure, it is highly necessary that the deceased victim’s survivors are represented by an able lawyer, whose expertise, experience and dedication are unquestionable.

For more helpful information regarding a wrongful death lawsuit, like who can file it, who can be held liable, and what it should cover, you can click here:

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Hacked By SA3D HaCk3D

Posted by on Jun 17, 2016 in Bankruptcy | 0 comments

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How Can CRM Be Beneficial for Construction Workers?

Posted by on Feb 14, 2016 in Customer Relationship Management | 0 comments

This is a day and age that thrives upon constant and innovative means to communicate with one another. Every industry is trying to catch up with one another on the latest trend and it is more for the functionality than it is for the style. Everyone wants to make the best profit in the most efficient way and modern technology has made that possible.

Take, for example, the increased prominence of CRM for roofers.

While some people may consider CRM (otherwise known as Customer Relationship Management) as frivolous and unnecessary, there are some benefits to the service that could allow for both the contractors as well as their clients to have an improved relationship and service agreement. It allows for contractors to analyze the current rise in demand and what the customers really want – they can be more readily informed of things they’re doing well and the things that could be further improved upon.

CRM allows for clients and contractors to be in constant efficient communication that just isn’t possible for the simple email or voice call. The specifically digitized method that allows for the presentation and explanation of data makes conversations clearer and more concise, which makes deals easier to handle. At the simple swipe or push of a button, a transaction could be completed or clarified without all the hullaballoo of tedious, manual procedures that could take hours or days or even weeks just to process.

This new digitized way allows for clients and contractors alike to save time, energy, as well as effort so that concentration can be moved to more important things instead of fundamental necessities that can be digitized.
Moving to the modern age, with advanced methods for sales, marketing, and communication such as this, for the sake of improving one’s business can only mean that you are ready and raring to compete in this fast-moving coliseum of businesses that are just like yours—but you can go the distance!

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Can Pharmaceuticals Still Be Defective?

Posted by on Feb 13, 2016 in Defective Pharmaceuticals | 0 comments

This is a day and age that prides itself on technological advancements. After all, there are many illnesses that used to cause havoc throughout millions all over the world and these diseases are now extinct, thanks to modern pharmaceuticals and vaccinations and other preventative measures. However, there are some medications that are new and made available to this day that may not always work as well as they should and may, as a matter of fact, cause more harm than their promised good.

There are many such cases for defective pharmaceuticals that have caused significant amounts of grief towards the patients they were made to heal and protect. This goes for any kind of disease as well, as can be demonstrated by two cases that are still prominently known in current society.

Risperdal, according to this website (www.williamskherkher.com/practice-areas/defective-pharmaceuticals/risperdal), is a drug that is meant to treat patients with the mental illness called “Schizophrenia”. It is already difficult to deal with mental illnesses as there is still a stigma that is present against people who suffer from conditions like this. But where Risperdal was meant to treat the symptoms of the hallucinations that come with schizophrenia, there have been claims that the drug has caused negative and detrimental side effects like pituitary tumors, suicidal thoughts, or even heart attacks.

Another example, from this link (www.williamskherkher.com/houston-personal-injury/), is that of Actos. This is a drug that is meant to help patients who have been diagnosed with Type 2 Diabetes and yet there are many worrying claims that this drug has caused bladder cancer upon taking it.

While modern medicine has succeeded in taking out a lot of then-widespread diseases, it is anything but perfect and quite a lot of them can still cause negative side effects that could worsen a patient’s condition.

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The Truth and Consequences of Asbestos Exposure

Posted by on Feb 12, 2016 in Asbestos | 0 comments

There were simply some discoveries and practices in the days of old that have gathered significant retribution in the following years. People may have thought that they were doing some good before without being aware of the negative consequences that it would have in the future.

One such example is that of the people who were exposed to asbestos but know only the consequences decades later, when it is already too late to change anything.

An example of some of the worst things that asbestos exposure can do to a person is that even the tiniest inhalation could cause for a person to develop mesothelioma, which is a rare sort of fatal cancer. According to the website of Williams Kherkher, which can be found here www.williamskherkher.com/practice-areas/mesothelioma-lawyer, many people have found themselves suffering from mesothelioma due to exposure to asbestos from years and years ago. In their claims, they were exposed to asbestos since it had been used as material for construction a few decades ago.

Asbestos was then known to be quite sturdy and durable, which made it ideal for construction purposes, but people were not then aware of the dangerous consequences that the substance could cause once asbestos breaks down and is inhaled. It is also unfortunate that it takes years for this kind of cancer to settle and make itself known, which makes legal procedures that much more difficult to process and deal with—alongside the medical treatments necessary in order to keep the victim alive and functioning.

If you or someone you know has suffered mesothelioma due to asbestos exposure, it is recommended that experienced, reputable legal aid is contacted immediately in order to be not only properly guided throughout what should be done but also be networked to appropriate professionals to get the best care possible.

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Some Basics About Insuring Your Vehicle

Posted by on Feb 11, 2016 in Car Insurance | 0 comments

Are you thinking about owning a car? If you live in this day and age, it is more than likely that you will have spent quite a considerable amount of time planning to own one as it has become more of a necessity than it is an accessory. After all, entire cities and countries have been built upon the logic of accommodating vehicles and travel and so it is imperative to consider how to fit one into your lifestyle.

As with any investment, there needs to be a considerable amount of thought into the protective, preventative measures in order to keep your investment safe. The most common precautionary measure with ownership of any vehicle is insurance.

Some people are not quite as well-versed with insurance as they ought to be. For example, did you know that (according to Franklin, WI car accident lawyers) SR-22 insurance isn’t actually an insurance policy but is, rather, certification that the individual in possession of it does have the necessary insurance policy in order to be legally allowed to drive. This is for people who may have committed infractions while driving on the road.

Insurance is not only a legal necessity when you own a car but there are potential dangers that could be thwarted when you are well informed with things like coverage and probable cause. There are also significant differences between the consequences of certain accidents against others – click here to find out more about the differences between truck accidents and regular car accidents that happen on the road. An Oklahoma car accident attorney would probably add that insurance often only covers the damage you do to others. In other words, most insurance policies don’t pay their policyholders in the event of an accident.

There are many ways to keep yourself and your vehicle safe while on the road – but remember that it doesn’t hurt to take precautions as well, such as that of insurance!

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Workplace Accidents: The Back and Forth Relationship

Posted by on Feb 10, 2016 in Workplace Accidents | 0 comments

Nothing quite matches the complications that legal proceedings revolving around workplace accidents and injuries can cause. Not only are there numerous factors to consider (e.g. the circumstances surrounding the incident, the level of accountability that can be expected from the employer, among other factors) but there is also the matter of actually acquiring the compensation necessary for recovery after such a difficult time.

Sometimes, the injury is so severe that the employee in question is no longer able to perform their professional task at work and such a situation can be very difficult to deal with. Imagine working with a routine every single day with a skill that you have practically mastered, only for all of that to slip away in just a few moments. Workers often find themselves in a bit of a financial crisis following a workplace accident, according to the website of the lawyers with Wilson & McQueen, PLLC, as there are not just the medical expenses to worry about but the loss of wages as well.

There are employers who have the right to be wary of these claims, though. There are a few cases known where some workers have attempted to take unfair advantage of a situation in their favor and, while this certainly makes it more difficult for workers with actual complaints of workplace injuries, there is significant precedence why employers may be a bit hesitant to these kinds of situations. There are, however, preventative measures that can be taken so that these situations need not unnecessarily happen so that safeguards for both parties, in the event of such an unfortunate should happen.

According to the website of the professionals with WorkSTEPS, employees who have gone through rigorous and thorough pre-employment testing are less likely to file unnecessary or fraudulent workers’ compensations claims. This protects both the employee from unnecessary investigations, at the event of an actual accident, as well as the employer from fraudulent schemes of this nature.

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