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When a person is facing a conviction for DUI, he or she may consider what legal strategy is best to handle the case. In some situation, he or she may consider a plea bargain, or his or her lawyer may mention the possibility. Having a DUI lawyer is critical when considering the ramifications of taking a plea bargain.
A first DUI may result in probation, community service and other light punishment. In some cases, a jail term may be imposed, but it may be for only a few days.
July 28, 2016 By Murphy Law Group, LLC
Four female employees say they were targeted for complaining about their supervisor
Many DUI cases rely on having test results so that there is sufficient evidence to use against a defendant in the criminal case. As a condition of being licensed in the state, many states require drivers to provide implied consent to be tested in the event that they are pulled over for suspicion of driving under the influence arise.
While most cases involving DUI are based on intoxication by alcohol, others involve consumption of drugs. When charged for these violations, the penalties may be just as grave when convicted as with DUI involving alcohol or in some cases even harsher.
Drivers who are under the influence of drugs may or may not exhibit symptoms when the drugs are prescription grade. Often drivers are pulled over when signs of intoxication are observable, but that may not always be the case.
July 28, 2016 By Howie, Sacks & Henry LLP
It is very unsettling to be confronted with the thought that your child may have suffered harm at the hands of a medical professional in whom you put your trust. In addition to the heightened concerns over your child’s health, the added anxiety surrounding legal issues can seem overwhelming.
It is invaluable to know everything possible about DUI violations and how a person is charged for these. It is important to know the laws of the state in residence to avoid conviction for charges with possible traffic violations. It is also advisable to know what terms apply to which laws and regulations.
When a driver has taken an illegal drug, prescription medication or even an over-the-counter treatment, this may be the equivalent of drunken driving. In some states, these situations are connected and violations are issued with charges filed.
For various criminal charges, there are a number of defenses commonly used by defending parties to attempt to avoid conviction. It is important the charged individual is aware of his or her rights in order to defend against charges for crimes. Some of the most commonly used defense strategies include self-defense, statutes of limitations, alibi, entrapment and insanity. Applying the corresponding defense strategy to the charges that fit is not always an easy process.
Sexual abuse occurs through cases reported in the thousands each year. Some are tied together, while some crimes stand alone. Unknown in many instances, the victims of this abuse have a legal right afforded to them to sue the abuser that caused the damage and injury. These lawsuits are civil suits with less news coverage in most situations.
Sex offenders are often viewed as some of the worst offenders. This often leads to unfair treatment at trial and abuse within prison walls.
July 28, 2016 By Angualia Busiku & Co. Advocates
For some time, concerns had been raised over unethical inter-country legal guardianship of children from Uganda. In March 2016, Uganda Parliament was convinced and passed the Children Amendment Act 2016 which restricted legal guardianship to citizens only. Non-citizens can only petition for adoption. The application of the new law which is summarized in this article is yet to be seen.
July 28, 2016 By GRP Rainer LLP
Under a very narrow set of circumstances, it is possible for legal heirs to have their entitlement to the statutory compulsory portion revoked. This is evident from a ruling of the Landgericht (LG) Landshut [Regional Court of Landshut] of March 4, 2016 (Az.: 54 O 2287/12).
July 28, 2016 By The Law Firm of Steven F. Bliss, Esq.
Many probate and estate planning attorneys act as if everyone should have a trust yet most Americans don’t even have a simple hand written will. Given that trusts can easily cost thousands of dollars in legal fees, it’s a big purchase that shouldn’t be taken lightly, consider the consequences if you do not have a proper trust:
July 28, 2016 By ERISA Benefits Consulting, Inc
The MPRA of 2014 may be changed under a proposal by the PBGC to allow for plan mergers and transfers between multiemployer plans. The proposed changes fall under title IV of the ERISA of 1974.
July 28, 2016 By ERISA Benefits Consulting, Inc
According to recent industry reports, employer-based retirement health care insurance benefits continue to decline. It is becoming less common for retirees on Medicare to be able to rely on private employer-based retirement health care benefits for supplemental health coverage.
Most states outlaw the act of willfully engaging in sexual conduct in exchange for money or other goods like drugs. Likewise, most states prohibit the selling of another person’s sexual services for money or other goods, but these prohibitions may be included in a separate state statute.
Many states have harsh penalties for conviction of DUI, especially when the impaired driver caused an accident. Often injuries are worse when substances are added to the mix, and even fatalities result from the actions of imbibing alcohol.
July 27, 2016 By Apfelbaum Law
Many people believe that the only way to get access to residency in the United States is by getting a “green card”, but that is not so. For example, there is a program that gives foreign investors the possibility to obtain a residence permit when investing in the United States.
Sex crime defendants often lament the difficult in receiving a fair trial after being accused of a heinous crime. They may confront juror bias and a criminal justice system that is stacked against them. This has become evidence with the change in how the process works in some states concerning the admission of prior bad acts.
How to Claim Refunds for Overcharged Import Taxes Due to Surveillance Certificate Requirements in Turkey
July 27, 2016 By ADMD Law Office
Ministry of Economy determines certain minimum thresholds for certain products in order to force the exporters to pay higher taxes on the products in customs. Ministry determines the minimum value threshold per each kilogram of the imported product and sets forth that any exports into Turkey that does not meet this minimum value threshold shall be required to obtain a surveillance certificate. Based on new precedent, it is now possible to reclaim such overcharged tax and expenses.
July 27, 2016 By GRP Rainer LLP
Efficient compliance management systems (CMS) exist primarily to protect one’s business and are becoming an increasingly crucial factor for many small and medium-sized firms.
July 27, 2016 By Apfelbaum Law
In most states, including Florida, it is not required for a Limited Liability Company (“LLC”) to have an Operating Agreement, but it is always recommended to create one. The reasons are several, as we shall see below.
July 26, 2016 By d'Oliveira & Associates
Looking for compensation after claiming that his enlarged breasts were due to Risperdal, the victim won his suit for improper warnings by Johnson & Johnson.
July 26, 2016 By HG.org
Possession of child pornography is a serious crime with potential harsh punishments based on state and federal charges. It is common for such charges to involve a federal investigation that turns up multiple forms of prohibited conduct.
July 26, 2016 By GRP Rainer LLP
A “Berliner Testament” is a popular form of will in Germany among spouses, as it enables them to provide each other with financial security and mutually appoint one another as sole heirs. However, it also entails disadvantages such as its strong binding effect.
July 26, 2016 By LexSage
On February 5, 2016, Foreign Affairs Minister Dion announced that “Canada amends sanctions against Iran” and regulatory changes were implemented/promulgated. On February 5, 2016, the Export Controls Division of Global Affairs Canada issued Notice to Exporters No. 196 “Exports of items listed on the Export Control list to Iran”. On February 15, 2016, the Canada Border Services Agency issued Customs Notice 16-05 “Amendments to Iran Sanctions as of February 5, 2016”.
July 26, 2016 By The Law Firm of Steven F. Bliss, Esq.
The number one misconception people have about probate is that having a will means no probate; all wills go to probate, whether it was a handwritten or typed, primarily because only the judge can sign over the assets to the beneficiaries.
Anything that a defendant says has the potential to be used against him or her in a criminal trial. This includes the testimony that he or she provides during grand jury testimony. The criminal defense lawyer representing the defendant should remain cognizant of this possibility and take proactive steps to protect the defendant’s legal rights.
In states where a breathalyzer test or blood test is used as evidence, it is possible to be penalized with harsher punishments when conviction of a DUI occurs. A driver may fail both tests showing an assumption of guilt. In some states, the refusal of taking tests in the field is enough to arrest him or her.
When making an arrest based on a DUI charge, the officer making the arrest must decide through his or her own surveillance whether or not the suspect is illegally inebriated. Field sobriety tests are some of the ways officers may decide if impairment is at issue.
In most states, a specific amount of time is allotted to when a second DUI is committed and only considered a first offense. However, other states have more strict traffic laws that determine a longer amount of time must pass. It is important to know the laws of the state the person is driving through or residing in to avoid charges of DUI offenses.
July 25, 2016 By Jurado & Farshchian, P.L.
Whether you are selling or buying a home, the last thing you want to encounter are problems with the real estate title. Unfortunately, the foreclosure crisis that hit Florida so hard several years ago sometimes makes it difficult to obtain a clear or marketable real estate title.
July 25, 2016 By GRP Rainer LLP
Playing the get-out-of-jail-free card and withdrawing from expensive real estate loans is still possible until June 21 without consumers having to pay an early repayment penalty.
Driving under the influence arrests and charges are confusing and lengthy and may end in a license suspension or prison time with potential additional fines. In some states, the laws do not require a suspect to take the field sobriety tests officers often ask in making a DUI arrest.
Retrograde extrapolation is the technical term and method for determining whether someone was intoxicated at the time of arrest even when testing is completed at a later time. Often in driving under the influence cases, suspects are not tested for their blood alcohol level at the time of accident or arrest. Retrograde extrapolation helps decide if the suspect was actually illegally drunk behind the wheel, though the test results may show a lower blood alcohol level once in police custody.
Driving while under the influence (DUI) is a broad spectrum of charges and until recently was only considered a misdemeanor in many states, including the state of Colorado. However, now certain classes of this charge can be considered a felony, which has its own set of sanctions to follow. A felony DUI can occur in most states when a suspect has a record of at least three driving under the influence charges over a lifetime.
Before new laws, all DUI cases were charged as misdemeanors in some states, unless someone was killed in a DUI accident. However, now individuals in many states who have prior conviction records may be charged with a felony DUI that issues two to six years in prison instead of the usual one year.
DUI stands for driving under the influence, of drugs or alcohol, and covers an extensive range of charges and situations. Driving under the influence is strictly prohibited in any method of transportation. The officer who stops the driver usually has the discretion to make this arrest.
With the ability to give a smart phone to their children, parents in the technological age have often decided to buy electronics and phones for their children to interact with their friends. When most children have a smart phone, it is not long before one of these devices is used for communication other than texting or phone calls.
Throughout the United States, teens are sending picture messages or video depicting their naked bodies. Often, they are sending these to each other, but in some instances they send them to someone over eighteen. The laws of each state may have been built to protect these young adults from exploitation and child sex crimes, but when they are the culprits, they may be breaking various state and federal laws themselves.
Sexual crimes and offenses are rampant through the United States. The crimes often increase in number each year, and some of the victims are repeatedly subjected to this abuse. Worse is the fact most individuals subjected to these crimes know their attacker. With the help of a personal injury lawyer, compensation may become available for injury and treatment. Other assistance for pain and suffering or therapy may be possible if compensation payouts are obtained through a successful trial.
Individuals accused of sexual crimes often face negative social issues in a community. Despite being acquitted of these crimes, these innocent people usually must suffer through hateful words and actions affecting their everyday lives. It may affect their job, social status and even family life.
Sex offender registration is required in most states in various forms throughout the country. The initial purpose of registration was to provide the information about sex offenders to the public. Now the practice has become a way to punish sex crime offenders, discourage sex offender behavior and to prevent continued offenses.
Sexual relations with another person when consent has not been granted is considered rape or a sex crime in California as well as many other states. It is important to know what laws govern each state and how they apply to the person accused of the crime. Harsh penalties and punishments await those convicted of these crimes with severe consequences that may last the entire life of the offender.
The length of time registration lasts depends upon the severity of the crime committed. Often, only first and only time offenders are able to remove their names from the registry. Though this varies by state, removal is possible in some states. In other states, sex offense registry is mandatory for all sex crimes with no possibility of removal. It is essential to know which state requires registration and which state does not allow removal from this construct.
Many states in the country have laws that criminalize sexting. In some states the act is charged as a felony when naked pictures are transmitted to someone underage. Teens and adults may be charged with possession of child pornography when these activities transpire.
More individuals are being arrested for child porn crimes through federally funded task forces. Online crimes of child pornography are a top priority, but ridding the internet of this content is difficult with advanced technology and computer experts.
Accusations of rape charges involving children often cause negative consequences without any arrest having been made. These are serious crimes with potentially devastating consequences if conviction occurs.
A defendant facing charges related to sexual crimes has the same right to a fair trial as any other person accused of a crime. A lawyer should be available that has knowledge of the crimes committed and how to defend the individual. Even though accused, he or she still has these rights.
Child porn crimes are often committed with online access. Peer-to-peer networks are frequently utilized to share and distribute pictures and video. When investigations are initiated to discover child porn offenders, it is important to know what these networks are and how they are used. Research into these crimes provides knowledge on how to convict criminals and how to use these networks to find predators sharing child porn media.
Sex crimes are prevalent in each state to varying degrees. Of these, many offenders are convicted of crimes involving interactions through the internet. Some use profiles to capture the attention of specific people, while others create or distribute illegal content such as child pornography.
Prostitution is an ongoing problem in many states. Exchanges of money, services or products with those selling their bodies occur with clients often in big cities, but even smaller locales witness such activity.
Many factors are taken into consideration in determining whether a particular crime is classified as a sex crime. However, sometimes new instances occur that have no precedence or history of transpiring in the public legal domain. When these issues arise, it is important to handle them with care and immediacy to reduce difficulties or complexities in the future.
Many states have specific laws that prosecute sex crimes in a harsh manner. In some instances, these same crimes are prosecuted as federal cases as well. These tend to be the more aggravated crimes among those also tried state-side.
Allegations of child abuse and molestation are enough to ruin careers, social standing and relationships. When charges are issued to these accused individuals, the seriousness of the possible penalties and consequences of the crime become reality. Jail or prison time is a real possibility to include potential fines, sex offender registration and the ruination of any social standing or professional reputation.
With the technology age firmly pushing the world into the future, texting with phones has become an everyday past time. As technology has evolved, texting friends and loved ones has done the same.
One of the most damaging crimes that a person is able to go through and usually survive is a sexual abuse offense. The harm done to the person physically heals over times, but the trauma of emotional and psychological injuries may last throughout the entire life of the victim. Often these wounds resurface from time to time with haunting memories and nightmares that force these individuals to recall details they would rather forget.
Property management has various funds to disperse to different areas that need repair or alteration. Some funds are reserved for emergencies, and some are used for maintenance.
Fire hydrants are critical to containing a fire once it breaks out. They are available within cities to extinguish consuming flames that have become too much for other simple remedies.
The increasing crimes of owning, creating and distributing child pornography are difficult for the federal government to keep up with. Despite the harsh penalties for conviction of these crimes, the number of offenders has been increasing for years. Mandatory minimum sentences are in effect for these crimes, and the United States Congress has created sentences that keep lengthening.
July 22, 2016 By Kydalov & Partners
Where could Turks immigrate? It is unlikely that many Turks will immigrate to Muslim countries, because the level of freedom there does not reach even modern-day Turkey. Even business immigration to the EU does not look so attractive for the middle class, because the cost of living is much higher in the EU. There is one more potential country for temporary or permanent immigration – Ukraine.
July 22, 2016 By GRP Rainer LLP
Tax investigators have apparently been sifting through the Panama Papers in the hope of rumbling suspected tax dodgers. There is still time to submit a voluntary declaration that can lead to immunity.
July 22, 2016 By Lincoln Derr PLLC
In North Carolina, footage from a law enforcement officer’s body or dashboard cameras is not considered a public record or personnel record according to a recently passed law that goes into effect October 1. North Carolina joins five other states—Florida, Georgia, Illinois, Oregon, and South Carolina— in making this determination.
July 22, 2016 By The Law Firm of Steven F. Bliss, Esq.
What Should I Ask an Attorney that Handles Probate and Estate Planning? Ask about their experience; ask them how many probates have they handled in the last 10 years, and ask if they’ve been sued for one.
July 22, 2016 By Law Offices of Edward G. Appel
The U.S. Supreme Court recently ruled that a North Dakota DUI law making it a crime to refuse a “deep-lung” breath test is unconstitutional.
July 21, 2016 By Folkman Law Offices, P.C.
The New Jersey Tort Claims Act (“NJTCA”), N.J.S.A. 59:1-1, et seq., provides that “parties suing public entities must comply with strict requirements for notifying and suing those entities.” Feinberg v. N.J. Dep’t of Envtl. Prot., 137 N.J. 126, 134 (1994).
July 21, 2016 By Folkman Law Offices, P.C.
Tens of thousands of citizens join health clubs or gyms to stay healthy. The Centers for Disease Control and Prevention recommend that adults get at least 150 minutes of moderately intense aerobic exercise every week, and many people join a health club to improve their overall health.
July 21, 2016 By Rone & Kowalski, LLC
Accidents at work can happen anywhere. Ashley Furniture, the nation’s largest furniture manufacturer, recently settled claims of safety violations brought by the federal Occupational Safety and Health Administration (OSHA) for $1.75 million. OSHA found numerous safety violations in the company’s manufacturing plants which it alleged caused over 1,000 worker injuries, including amputations.
July 21, 2016 By Valmas & Associates
1. The Legal Instruments Utilized on International Arbitration in the UK: A very important point that needs to be made as an introductory note is that the legal instruments governing international arbitration at the London seat are:
July 21, 2016 By Aleksey Pukha & Partners
The complexity of procedures for implementing surrogacy requires fixing contractual relationships between the parties and fixing the potential risks for each party.
July 21, 2016 By GRP Rainer LLP
Anyone who withdraws from a real estate loan concluded between 2002 and 2010 stands to potentially benefit from low interest rates and save a lot of money. Having said that, withdrawal only remains an option until June 21, 2016.
July 21, 2016 By Hammond, Minciu and Associates
Being an employer in any jurisdiction seems to become more complicated as time goes on. I was recently reminded of this when we were advising an international client of the Firm on employment issues in Romania.
July 21, 2016 By Planet Depos
Litigation involving foreign witnesses can be challenging. Paralegals will no doubt find that their cases will require the services of both deposition interpreters, also known as legal interpreters, and realtime court reporters who are up to the task.
July 20, 2016 By Hebets & McCallin
On July 26 the Americans with Disabilities Act turns 26 years old. This civil rights act not only barred discrimination against those with disabilities but advanced services, accommodations and access across all public agencies.
July 20, 2016 By APC Law Firm
The right to maternity and paternity is one of the basic moral rights of the couple under Art. 49.50 Family Code of Ukraine. However, there are circumstances due to health reasons, which could foreclose the couple of realization of this right naturally. But this does not mean that the couple can’t become parents, as an alternative way out - to go for help to the surrogate mother.
July 20, 2016 By Kydalov & Partners
The most plausible reason of getting an immigration permit is making investments to the Ukraine economy by a foreigner, that is a convertible currency in the amount not less than one hundred (100) thousand USD registered in the proper order
July 20, 2016 By GRP Rainer LLP
Withdrawal can prove to be an extremely attractive proposition from a financial perspective, even for consumers whose loans have already been paid off. That being said, withdrawal should certainly be carried out before June 21, 2016.
July 20, 2016 By LexSage
Many Canadian corporate counsel are members in the NEXUS Program and rely on their NEXUS Membership Card to by-pass long airport security lines (on international and domestic flights) and to use shorter lines at customs clearance. The NEXUS Membership Card is a valuable asset because it saves time.
July 20, 2016 By Jurado & Farshchian, P.L.
If you are opening a new restaurant in Florida or are the new owner of an existing restaurant, you are required by law to obtain a business license from the Florida Department of Business and Professional Regulation’s Division of Hotels and Restaurants before you can begin operation.
July 20, 2016 By Torres Law, PLLC
The Department of Justice (DOJ) recently announced its creation of a new pilot program designed to encourage companies to voluntarily self-disclose Foreign Corrupt Practices Act (FCPA) violations in exchange for penalty mitigation.
July 19, 2016 By Murphy Law Group, LLC
What employees need to know about the Pennsylvania Wage Payment and Collection Law
July 19, 2016 By Jurado & Farshchian, P.L.
There are many reasons franchisees decide to sell their franchise – life changes like death, divorce or retirement comes to mind – and if you are looking at investing in a resale franchise, you should neither discount nor leap into it without careful investigation.
July 19, 2016 By GRP Rainer LLP
At the end of March, the Bundeskartellamt, Germany’s Federal Cartel Office, imposed fines amounting to around 21 million euros against the so-called “Sanitär-Kartell” (cartel in the sanitary sector) on account of anti-competitive agreements.
July 19, 2016 By Angela Wang & Co.
In order to better protect the interests of professional investors particularly individual professional investors, the Securities and Futures Commission (“SFC”) has recently amended the Professional Investor regime under the Code of Conduct for Persons Licensed by or Registered with the SFC (the “Code”) following two consultation conclusions published in September 2014 and December 2015. These changes are summarized below.
July 19, 2016 By Angela Wang & Co.
In January 2016, the Hong Kong Court of Final Appeal (“CFA”) dismissed the appeal from TWG Tea group of companies (owner of the TWG tea salon in Hong Kong) on the right of use of the mark "TWG".
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently updated its sex discrimination rules mandated for all federal contractors. The rule is the first update in over 40 years and clearly defines laws relating to sexual profiling, pay discrimination, leave and accommodations for pregnant employees, gender identity, and leave disparities between men and women for childcare, illness, and family medical leave.
The Children’s Hospital of Philadelphia (CHOP) is facing wrongful termination accusations by a former data center supervisor. The former employee is alleging allegations of retaliation and wrongful termination following being let go by the hospital.
Well-known Classic Rock musician Eddie Money is facing sexual harassment claims as part of a wrongful termination lawsuit filed by his former drummer. In the lawsuit, the plaintiff alleges that Money fired him because of his age and physical issues related to cancer. In a recently filed amendment to the original lawsuit, the drummer also claims that Money repeatedly sexually harassed his fiancée who is also named as a plaintiff.
July 19, 2016 By The Law Firm of Steven F. Bliss, Esq.
Today it's more important than every before to plan your estates. People are living longer and thus acquiring more assets, it is imperative that you protect those assets.
July 19, 2016 By CSI Secure Solutions
According to the US Department of Justice, every year there are around 800,000 children who got missing or exploited. (October 2002 report) That's typically 2,185 children being reported missing every day.
July 18, 2016 By E.S. Borjeson & Associates
An April 3, 2016 collision on the southbound tracks just outside Chester, Pennsylvania fatally injured two railroad workers. The family of one of those men recently responded by filing a negligence action against Amtrak. According to the complaint filed on behalf of the worker’s two grown children, Amtrak failed to take reasonable steps to avoid the tragedy.
July 18, 2016 By Apfelbaum Law
In the State of Florida, it is not mandatory for the buyer or the seller to hire a real estate attorney for the closing of the sale of residential real property. Many operations are conducted through negotiations between the parties; real estate agents, and the involvement of a title company. However, real estate transactions are important and complex investments, and, in most cases, one of the most important purchases for an individual or family.
July 18, 2016 By E.S. Borjeson & Associates
Three of the largest Workers’ Compensation insurance companies in California have been accused of hacking into over 32,000 confidential Workers’ Compensation files in a federal lawsuit filed by a California worker. The lawsuit is seeking class action status after being originally filed in April of this year.
July 18, 2016 By APC Law Firm
The European Union, which was considered as the most successful integration project, has undergone significant changes with which it faces for the first time. The key issue of the exit of the UK from the EU is absence of such procedure mechanism for implementation.
July 18, 2016 By KCG Partners Law Firm
In a classical sense, a “greenfield investment” is the construction of a new industrial unit in a territory previously used as agricultural area.
July 18, 2016 By d'Oliveira & Associates
Due to the accidental deaths of several children, IKEA has recalled millions of dressers and chests for the safety of the general public.
July 18, 2016 By GVZH Advocates
Until very recently the Swiss asset management industry relied exclusively on self-regulation and was allowed to operate and develop somewhat independently from European regulation.
July 18, 2016 By GRP Rainer LLP
Advertising for pharmaceuticals is impermissible if the content of a promotional statement is not based on sound scientific evidence. That was the verdict of the Oberlandesgericht Koblenz (OLG) [Higher Regional Court of Koblenz].