Feb 13, 2016
You should never accept your fate in a drunk driving offense before talking it over with an experienced attorney. There are many factors which could contribute to an improper charge being given, whether it’s an incorrect breath test reading or an unfair field sobriety tests. Attorneys fight for your rights and look for any infraction to reverse or change your charge(s).
An attorney can assist with cross-examining a police report. These reports are written on the spot by a police officer to act as a narrative for the incident. There are often contradictions within these reports that a skillful attorney can use in court against the officer. The report is used as a conclusive method of describing why the arrest took place, but it doesn’t have to be taken as the final word in relation to your case.
A failed field sobriety test is another unfortunate circumstance that be turned around with the help of an attorney. According to James Powderly, this test is “seldom ever given correctly” and highlights the fact that “balancing tests are very unfair and difficult to perform regardless of alcohol consumption.” An experienced attorney will know how these tests are scored and meant to be given, giving them the ability to see through an incorrectly administered test.
Drug crimes are also often seen as too difficult to escape, but an attorney can work to protect your rights and freedom. By working closely with an attorney to examine the charges against you, you could have one or even all your charges dismissed or drastically decreased in severity. Do not accept a plea bargain or waive your right to a fair trial without an attorney fully investigating your case. Click here to learn more about how you can defend yourself against a drug charge.
Oct 1, 2015
It has been over a week since the massive scandal of Volkswagen’s “defeat devices” became public. Volkswagen admitted to installing over 480,000 US vehicles and 11 million worldwide with these devices that could detect when an emission test was being performed. During an emissions test, the device activated and reported pollutant readings below the legal limit. However, the real-world tests of VW vehicles showed discrepancies of up to 10 to 40 times the legal limit of nitrogen oxides.
Nitrogen oxides are dangerous pollutants that are heavily regulated by the Clean Air Act and many organizations. They contribute to smog and other harmful effects on the environment such as particulate matter and ozone damage. Most troubling, nitrogen oxides are associated with a wide range of health problems in individuals. Exposure to nitrogen oxide has been linked to increased asthma attacks, other serious respiratory conditions, and cardiovascular disease. These dangerous effects have been shown in individuals suffering from previous respiratory conditions as well as healthy individuals.
Troublesome facts like these linked to nitrogen oxides have added to the immense criticism Volkswagen has received for their cheating scandal. Although the company has issued numerous apologies for their cheating, they still may face up to $18 billion in fines for their violation of the Clean Air Act and countless class action law suits. In addition, Volkswagen CEO Martin Winterkorn has already resigned while the amount of employees involved in the scandal remains unclear.
According to the website of the Driscoll Firm, owners of the affected vehicles are outraged after the car they bought specifically for its environmentally friendly impact was actually doing the exact opposite. Although sales of affected vehicles have been halted across dealers, no VW cars have officially been recalled yet. Owners of the affected vehicles have been told to still drive their vehicles until further action by VW is taken.
Aug 31, 2015
An old saying that has been passed down through the years is the one stating that there is no one person who is above the law. The law was created in order to uphold justice and equality for all people to be accountable for their actions and so that people can live in some semblance of peace and harmony.
To antagonize the prospect of the law – to use it as something to use against another person – is not what the law is for though there are some instances where some people might think that it is used that way. Take a white collar criminal allegation such as conspiracy or fraudulence, according to the website of the lawyers with the Cazayoux Ewing Law Firm, for example; these are acts of felony and are punishable by the law, yes, but the person who is accused of the crime can suffer very real repercussions if they are not held to the same standard of the law.
Innocent until proven guilty is another old saying that needs to be remembered – and it is one that should be upheld for even an allegation can permanently hurt a person’s reputation.
This is a day and age where information and influence are easily manipulated and not so readily recanted; should you be accused of a crime, it could damage your entire life and even the lives of your family. Opportunities – professional, educational, or even social – could be stripped away from you as soon as there is a mark on your record at anything even hinting at a criminal record.
That is why it is of the utmost importance to make sure that there is due justice where justice is due – and the law must serve without bias or malicious, ulterior motive.
Jul 22, 2015
They say that we never quite appreciate what we have until we lose it.
This has been true for workers who require certain skills and appendages in order to be able to work. Plenty of ballerinas have had to quit their craft after years of passion and dedication after a single injury. Can you imagine a painter or sculptor suddenly, inexplicably going blind? The loss lingers and stays for all the rest of their days. This is the same for any construction worker who has been injured on a construction site.
Construction workers go into the craft with the full knowledge of the risks that the job entails. They know that it is a dangerous job – but somebody’s got to do it. The craft itself can be incredibly rewarding if you love what you do. From simple welding to watching an empty patch of land slowly rise to heights, there is always going to be something beautiful in creation and construction workers are at the very forefront of that industry. That is why an injury that disables a construction worker can have catastrophic effects on not only the worker but the project as a whole in itself.
After all, people who work in construction often operate in groups. It takes an entire team to construct a house, a school, or even a major skyscraper, as is mentioned in the website of the Hankey Law Office.
Even if the injury was only somewhat disabled on site due to an accident, it could still send everything spiraling topsy-turvy in terms of financial security for the worker as well as productivity levels on the project then being worked on, according to the website of LaMarca Law Group, P.C. A worker could lose necessary wages for a certain period of time – or even forever, which then truly affects the worker and the injured worker’s family and beneficiaries. That is not even to mention the medical expenses necessary for the worker to recover from the event.
It can be a troubling time for any construction worker who suffered an injury while on the job but there are legal options to explore that could enable for the injured party to be sufficiently taken care of in these dark times.
Jul 21, 2015
One of the many variables to consider when separating a union or marriage is the children involved, if there are any. After all, the separation will affect the child all of his, her, or their lives and it is the rights and well-being of the child that must then be put into consideration and prioritized above all else.
In the website of Arenson Law Group, PC, they state that there are four different kinds of child custody situations that parents are often subjected to, depending on their circumstances and capabilities. It is important to understand all these situations. The first is noncustodial parent visitation type of relationship which is to say that the parent who is not the one legally responsible for the child and has custody of the child cannot visit the child without immediate, approved supervision from the court and guardian.
The second kind of type is the supervised visitation. Parents who fall under this type of visitation setting are then allowed visiting rights to their child within a secure area where they can be monitored during the allotted hours of visitation allowed. This may be due to the fact that the parents in question are at risk for whatever situation or are presented to be, in any way, a danger to themselves or those around them.
Another type of visitation is that of grandparents’ visitation. This one can be a little bit trickier since by court order, grandparents are not the immediate family of the child but this kind of visitation can be allowed if it is in the child’s best interest. This is usually done if the child in question has been adopted by a step parent or if one of the child’s parents has been missing for over a month. Grandparents cannot file for this kind of visitation if the married couple is still together.
The last kind of custody is amenable should the couple in question be amicable with one another and if each parent has displayed equal capability of care for the child as the fourth type is through parenting agreements. It is then an optimized and customized plan between the two parties that then place the needs of the child first in order to make sure that the child can live a life as fulfilled and happy as possible between the split of their parents.
Jul 20, 2015
Personal injury is, simply put, the legal terminology that is used in order to describe an injury that has been done unto another person (whether it be an injury of a physical, mental, or emotional nature) because of the intentional or willful negligence of another person or party. This is a general statement as there are quite a number of ways as to how a person could be injured. There are car accidents and workers compensation suits, just to name a few. But for now, the attention goes to the question of morcellators and whether or not they fall into medical malpractice or product liability.
First things first, what is a morcellator? Well, according to the Morcellator lawsuit attorneys of Williams Kherkher, a morcellator is a machine manufactured for the use of laparoscopic surgical procedures (otherwise known as surgeries that only require minimum intrusion and incisions thanks to the tools used to perform these tasks) as it is a thin, spherical device that has a sharp claw-like attachment at the end that then attaches itself to the cancerous growth and takes it through the tube via suction. However, there are claims that target three specific morcellators manufactured by Johnson & Johnson that have been recalled due to the claims that several patients have filed legal complaints that their devices were the ones that caused their having developed endometrial cancer (a cancer that targets the protective lining of the womb).
Which then begs the question: is this a case of medical malpractice or product liability?
In order to know what kind of legal suit you may have, it is recommended to seek the professional advice of people who have had experience with these kinds of dealings before.
Jul 19, 2015
Before we can discuss what causes this illness, there is needs must to discuss what it actually is. Mesothelioma is a cancer that more commonly affects organs within the chest cavity of the body – namely the lungs, the abdomen, or the heart.
It is, currently, one of the most lethal cancers, due to the fact that it is one of the rarest that exist today. The thing about cancers is that they are not like other illnesses where the virus takes root of a particular part of the body and then can be combated by other forces such as through medication or even surgery. Cancers, however, can be extremely difficult to treat as the cells do not simply die and fade away. Sometimes, removal of the cancerous body part – such is the sometimes necessary treatment of certain cancers such as breast cancer or osteosarcoma – is what can save the life of the person with very little chance of remission.
However, cancer can sometimes leave traces behind and come back with a vengeance. Sometimes, there is no option except to try and prolong the life of the patient for further study of the cancer itself. There are no stages with Mesothelioma – once you have it, there is no available treatment that can cure it from your system. Why is mesothelioma so rare?
That is because the agent that causes this kind of cancer is through asbestos exposure.
Even the littlest inhalation of asbestos can trigger this kind of cancer growth in the body and that can be devastating to prove as this kind of cancer can take decades before it shows itself. It is also rare to come up since asbestos has been banned from construction equipment after studies showed its potentially negative consequences on people who come into contact with it. Asbestos was abundantly seen in warships and vehicles, and, according to the website Williams Kherkher, there is a high number of people who have had military experience or exposure in the past who are then taking legal action to receive compensation in order to pay for their medical expenses regarding their having mesothelioma.
Jul 18, 2015
Picture it: you’re driving along a busy highway when you’re suddenly near an eighteen wheeler truck that’s carrying a heavy load. This load could be construction equipment or highly flammable chemical compounds that must not be within distance of open flame in case of a devastating reaction. It can be a more common thought that you’d think, the instinct to immediately get away from such a huge mobile structure. After all, a semi-truck can weight ten times more than a car – and an eighteen wheeler truck, even more so.
However, there are security protocols and federal laws in place in order to protect the public from such accidents from occurring. For example (coming from the information taken from the website of the Goings Law Firm, LLC), a truck driver can only drive for 10 hours a day and are required to take a break from driving every eight hours or so. This is an important rule to go by as many accidents can occur if a driver is lethargic behind the wheel and the destruction that a truck accident can cause is significantly more crushing than that of an average car accident. It is then important to make sure that all drivers are accounted for and that these federally limited hours are closely monitored.
A lot of truck accidents could be avoided if it were not for negligence, actually. On the website of the Texas semi-truck accident lawyers at Williams Kherkher, there are listed examples that are the most common reasons for truck accidents such as irresponsible driving (driving under the influence of alcohol or beyond the allowed hours of driving or speeding) or general disobedience of simple traffic rules. This kind of behavior should never be tolerated as the consequences it can have on the lives of innocent people could be horrific in the worst possible way.
In order to avoid truck accidents, people everywhere must be mindful of the traffic laws in place as well as practice responsible driving for your own safety as well as the safety of those around you.
Jul 17, 2015
It is, sadly, more than incredibly common for the average American to fall into financial crisis in this day and age. After all, with the fluctuating economy as well as the highly competitive job market, it can be difficult to find a point in your life where you can safely say that you are in a state of financial security and stability. It is more than common, for example, for the average American to accumulate thousands of dollars in debt through student loans, housing loans, credit card bills, or otherwise stated. Some people could spend the rest of their lives in destitution trying to pay off their debts and that’s surely no way to live.
One possible solution that can grant you the path to financial freedom could be filing through bankruptcy. A Chapter 7 bankruptcy lawyer in Raleigh might tell you which kind of bankruptcy is most suited for your situation. However, the very first thing to consider when even thinking of applying for bankruptcy is this: is it the right choice to make for you?
For one thing, certain kinds of bankruptcy – or the kind of bankruptcy you may wish to file for – has certain requirements before you are considered eligible to file for it. On the website of the Plano bankruptcy lawyers with Gagnon, Peacock & Vereeke, P.C., it states there are certain bankruptcy chapters that only allow for you to be qualified for it if, and only if, you pass through certain tests. In chapter 7 bankruptcy, which is one of the most popular chapters of bankruptcy, you must pass something called the means test.
Bankruptcy can allow for you to rest easily and comfortably in the knowledge that your creditors will no longer harass you to pay them back and allow for you to even pay back your debts through the liquidation of assets and a more personalized payment plan that is well suited for your lifestyle. It is not however always the best plan to follow for everyone. It is best to get the professional opinion of a lawyer via a consultation with your given circumstances before you pursue your application.