Monday, April 12, 2010

Hit and Run: Criminal Accidents in Los Angeles


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There are many ways for the criminal law-abiding citizens, or to obtain problems Angeles, a city the size of the lot, never do any evil intent to damage, either One way to do this is to invest in a "hit and run" type of disorder in question. Should not be difficult for you in a scenario where you are in a crowded parking lot or driving on the road and imagine for a variety of innocent reasons of distraction or noise, fatigue or less harmless drugYou hit another vehicle.

This is a common occurrence in general insurance companies or regulated private between the parties. Sometimes, depending on the severity of the accident and the damage, and the police are called. Where things get complicated and crime is when a party leaves the scene. This is commonly referred to as a "hit and run."

No matter if the scene in the car left or left the car at the scene and fled on foot and were takenfrom a friend. If the scene without providing information or links, inaccurate or false (the "false note" option on the left).

THE PROBLEM

In California, widely believed to be "hit and run" is codified in Vehicle Code Section 2002 which reads:
t
"The driver of a vehicle in an accident only damage to property, including vehicles involved is to stop the vehicle immediately to the nearest place that do not impede traffic orotherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault. The driver shall also immediately do either of the following:

(1) Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present his or her driver's license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she shall also, upon request, present his or her driver's license information, if available or other valid identification to the other involved parties.

2) Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol.
(b) Any person who parks a vehicle which, prior drove around the vehicle is again a vehicle in flight and is in an accident involving property damage in question, manned or automatic, is responsible for the Provisions of this section concerning notification and reporting and will be sent to the conviction, the penalties do in this section for non-compliance.
(C) any person who does not meet all the requirements of this section, be guilty of a crime and sentencingthereof, shall be punished by imprisonment in county jail not exceeding six months or a fine not exceeding one hundred dollars ($ 1,000), or by both that imprisonment and fine. "

California Vehicle Code Section 2002 is to be very clear and specific. No matter whose fault it is, you must meet the requirements listed above.

A Hit and Run can also occur if the car hits a parked car, causing relatively minor damage and leaving the scene. You can not even awarethat an accident has occurred. A bystander or eye witness may take down your license plate number and call the police. It is even possible to be in busy traffic, or on the freeway, and be involved in a collision where one or both parties "takes off" or leaves the scene of the incident. You may even lose each other in to the normal flow of traffic, or due to the speed of the vehicle, or road or weather conditions such as darkness, rain or bad lighting. Even in this situation someone can be charged with a hit and run violation. Even failing to provide complete or accurate information can lead to a criminal filing and can land you in jail for up to six months.

THE SOLUTION

Perhaps you were involved in a situation that is similar to this. You may have been sent a letter by the City Attorney. You may have received a telephone call from a detective, or someone may have come around asking questions about you or your vehicle. It is important at this point not no one to speak and seek the advice of a competent attorney and lawyer who follow 's direction. An attorney try to find the information you enter on the basis of information you are looking for and can generate reports and talk with officers and stakeholders.

A lawyer can guide you through this process, keep out of trouble, and also because the civil arena guide. A civil case is one where only money is involved (evenIf you are not a criminal problem) and where a fraction and the loss of freedom of those involved in detention. A crime as cited above may carry penalties of up to six months in county jail. If injuries are involved or other issues like hitting a pedestrian or were under the influence should immediately contact a criminal defense lawyer, because this type of gear in some situations, and often classified as a crime taken, the lesions are usually involvedcan carry penalties of more than a year in the State Prison.

Over the years many people who have been involved in hit and runs have come to me and I have helped get them out of trouble. Sometimes I have been able to make sure that no charges were filed and even when charges were filed, I was able to either get them dismissed or have been able to resolve them with relatively minor consequences.

I use many techniques based on years of negotiation and legal knowledge including California Penal Code Section 1377-1378.

California Penal Code Section 1377, 1378 provide:

"When the person injured by an act constituting a misdemeanor has a remedy by a civil action, the offense may be compromised, as provided in Section 1378, except when it is committed as follows:

(a) By or upon an officer of justice, while in the execution of the duties of his or her office.

(b) Riotously.

(c) With an intent to commit a felony.

(d) In violation of any court order, as described in Section 273.6 or 273.65.

(E) or to any family or household member or to any person if the violation of a person in section 6211 of the Code or subdivision of a family described, including (b) of section 13700 of this code.

(F) When an old man, in violation of § 368 of the Code or Section 15656 of the Welfare and Institutions Code.

(G) For a child, as described in Section 647.6 or 11165.6

An experienced Los Angeles criminalable to solve many defenders hit and run cases through the negotiation of compensation and payment for you and protects you from any criminal liability and imprisonment. Using this code section effectively an experienced lawyer can navigate to the deep sea and Muddy Waters, the criminal justice system and get to shore. As a lawyer, I think that the investigators and speak with the investigator. I can sign the other parties and draft letters for them to contact and knowthe way to present it to the District Attorney, he City Attorney and the judge so they can "sign off" on it.

Although Penal Code Sections 1377 and 1378 provide for a civil remedy thus allowing the criminal court to dismiss a case, usually a prosecutor has to agree to it and it is most certainly in the judge's discretion whether to grant a dismissal under Penal Code Section 1377-1378.
Other factors include the severity of the incident, the age of the person involved, prior criminal record, the victim's desire for prosecution, and other factors not cited here.

OTHER SOLUTIONS

There are some Justifications for leaving the scene of an accident. One of these is to seek immediate medical attention. The social policy here is self evident. We don't want an injured person to stay at the scene of an accident at the cost of their own life, limb or health. In emergencies leaving the scene of an accident may be allowed.

This justification may apply if you are injured in the accident or someone else is injured and you take them to the hospital. Perhaps you were already on the way to the hospital when the accident occurred.

Other situations may also arise. Perhaps you were a passenger who left the scene and you are afraid someone may think you are driving, or perhaps you lent your car out to a family member or friend who has a similar physical description to you. All of these scenarios can be handled by an expert in criminal defense.

What do
What measures should be adopted and the situation is "fair." You have a couple of mistakes and questionable decisions that he had been an accident and left the scene. Do not do anything, still worse decisions. It 's a mistake, and we hope to avoid the problem away. It 's also a mistake to try to address the issue of police searching, talk to the other party orlies.

There is a mistake and a crime following the report falsely that the vehicle was stolen, or make another false report. Whatever the situation, even if you have further complicated the matter, it is important to enter the solution immediately contact a criminal defense and to be with someone who is able to deal with cases of this business. You can not have the defense and the situation, if handled correctly almost as bad as you are entitledmay think. There is always a solution and help is available and just a telephone call away.

**NOTE: The above article is a legal opinion only based on California law only and should not be construed as specific legal advice. If you are not in California, you need to consult an attorney in your State to find the applicable laws. It should also be noted that every legal situation is fact specific and different. You should seek independent legal advice for your matter and not rely on the article above which is general in nature. J.R.

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Sunday, April 11, 2010

Small Business Tax Credit - Americans with Disabilities Act


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Many small businesses complain that with the cost of compliance with the Americans with Disabilities Act Most do not know that there comes a series of tax incentives available to offset the costs. It 'important tax incentives in the form of a tax credit, which is much more valuable than a tax deduction when it comes to creating tax savings.

Disable access to tax credit

If you make your small business accessible to persons with disabilities, you can takeannual tax credit. Your company is eligible, if you had one million or less achieved the previous year or 30 or fewer employees. If you meet these criteria, you may request a tax credit of 50 percent of your expenses up to a maximum of $ 5,000. Since this is a tax credit is deducted from your total tax debt.

To claim this tax credit your expenditures must be paid or incurred by your business with the Americans with Disabilities Act may. Such costs may include:

1stPurchase of equipment adaptation or modification of equipment;

2nd Production of print materials in alternative formats such as Braille or audio

3rd sign language interpreters for employees or customers.

Modifications to buildings or offices even be considered until two criteria. First, the changes will not be building something new. Secondly, the building in service before 5 November 1990 had.

Elimination of tax obstacles

AllCompanies can apply a tax deduction for expenses, to remove physical, structural or transportation barriers for persons with disabilities in the workplace. This tax relief will be unlimited in terms of revenue or number of employees. Companies can claim up to $ 15,000 a year as a tax deduction. Expenditure amounts exceeding this amount can be requested but are subject to depreciation calculations.

Claiming that the elimination of barriers deductions, expensesmust lead to the creation of a plant or vehicle is available for guests with disabilities. Examples include:

Provide 1st and ramps curb cuts;

Making 2nd toilet accessible to people in wheelchairs and

3rd The expansion of the width of sidewalks on at least 48 inches.

Significant tax advantages

Small business owners can double their tax saving pleasure, supporting both tax incentives for the same tax year. If a small business spent $ 20.000 to create access for a wheelchairOffice, took a tax credit of $ 5,000 and a $ 15,000 tax deduction.

These tax incentives are in place to significantly reduce the burden of compliance with the Americans with Disabilities Act If you do not have the credit or deduction for the last three years tax returns on credit, you should file amended tax returns to receive reimbursement.

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Saturday, April 10, 2010

California Accident Lawyer work by others - a case study - workplace explosion


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It 'important to understand the seriously injured workers and their families, such as California have the right to work. To illustrate injuries of workers California law, the following case study is a job for a fire and explosion accident at work in California. The discussion includes a California Workers Compensation Analysis and liabilities of the California work injury to the analysis of third parties.

A case study - explosion and fire - - Death and serious burns

CrazyDemolition, Inc. installs, removes, and junks petrol pumps and underground tanks. A demolition Loony, Inc. was used with a portable power saw in a tank that was used for underground storage at a service station had been cut. The company did not adequately cut to clean the tanks and test for vapors before and an explosion occurred, killing workers and seriously injured three others.

Three workers injured in the explosion of another company, Joe paving work.All had suffered burns and all its power in order to revitalize the local Burn Unit. On a daily basis have been a horribly painful burn treatment called debridement. Debridement is the process of surgically removing dead tissue around a fire. Living Hell is saying a lot, and an accurate description. They were released from the hospital with amputation, scarring, disfigurement and pain indescribable. All three workers were not back to work because of theirInjury.

Survey:

A study of the Loony Demolition, Inc. was episode:

1st was the atmosphere in the tank before the work test or cut.
2nd Unable to create guidelines for gas-liberation.
3rd Can the recommended procedure produces Used in American Petroleum Institute (API) Bulletin 1604, "Recommended Practice for the recruitment or removal of service tanks to the underground station" is set.
4th Failed to recognize employees and to avoidunsafe conditions while working with tanks that previously contained flammable liquids. This is a violation of 29 CFR 1926.21 (b) (2) and the equivalent in California.

Workers Compensation Analysis:

Loony Demolition, Inc. employee who died was a woman and two children. Under the compensation system for workers in California, entitled, death benefits were obtained. The family, which is less than $ 290,000, a figure very unjust and unfair in the face of devastationthe loss of a husband and father.

Joe's Paving employees also benefits from claiming compensation for California workers' system. However, benefits to workers' compensation California 'are low and are in a constant battle with the workers' compensation carrier about appropriate medical treatment. After almost two years, continuing the unfair system of compensation for the California workers', these workers and their families had difficulty making ends meet living expenses.

Third party work injuryAnalysis:

The family of Loony Demolition, Inc. has the employee died, the defendants not to sue third parties. The family is only for California Workers Compensation death to complete.

The staff at Joe's Flooring have a strong responsibility towards Loony Demolition, Inc. Loony Demolition, Inc. was clearly caused the explosion and fire. In this case, Loony Demolition, Inc. is a "third party". The three injured workers from Joe's Flooring to a third party workAction against prejudice Loony Demolition, Inc.

The workplace has been exploded by the failure of the Third Loony Demolition, Inc., created in the tank before cutting test, these guidelines have been violated for the free gas. Including, the API methods, OSHA requirements and long-standing custom and practice in the area. This terribly injured employees recover millions of dollars for their injuries.

However, money is not the real problem. Money can never replace whatthis catastrophic injured workers have lost. No matter what the amount. The pain and despair are unbearable.

Disclaimer

The above is a case study. Any resemblance to real events, people or companies is purely coincidental. It is not legal advice. It is necessary to clarify the simple. Every case is different and has its separate challenges, difficulties and / or shades. There is no guarantee that your case is similar to that in the section have this case study.

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Friday, April 9, 2010

DUI Lawyers Southern California


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DUI lawyers in Southern California have grown exponentially in the large number of the last 5 years all the time. The increased volume of DUI lawyers shows an alarming trend even more in Southern California - the highest number of DUI arrests is happening in the area.

Because an increase in DUI arrests in Southern California?

The increase in DUI arrests in Southern California has a large endowment funds, the highway is to actively supportDUI patrols, checkpoints and DUI enforcement overall greater focus particularly on major roads such as Southern California;

* Interstate 5 Golden State Freeway / Santa Ana Freeway / San Diego Freeway

* Interstate 15 Mojave Freeway / Barstow Freeway / Ontario Freeway

* Interstate 110

* Interstate 405

* I-710

* I-105

Southern California DUI lawyers defend their clients against the two basic positions in southern California DUI case;

*23152 (a) which states that it is a crime, a motor vehicle under the influence of alcohol and operating / or drugs.

* 23,152 (b) which states that it is a crime, a motor vehicle with a 08 percent or higher blood alcohol concentration is operated.

Any offenders arrested and charged with DUI in Southern California, with both offenses charged, even if only 1 particular event occurs. This is what a Southern California DUI lawyer willargue against.

A good lawyer is a challenge for every aspect of your event and work with the prosecution to try to develop a reduction or dismissal, all together, if the evidence against them is not enough.

It 's always more difficult to win cases in the area by DUI laws tougher and less lenient judge presiding over the case.

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How to Answer Deposition Questions Like a Politician in California


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Any California trial litigation attorney can tell you, whether he or she practices in Indian Wells, Palm Springs or Palm Desert, San Diego, California, Orange County, CA, La Jolla, Del Mar, Laguna Beach, Newport Beach, Corona del Mar, Huntington Beach, Irvine, Santa Ana, Irvine, Ventura, Santa Barbara and San Luis Obispo, Ontario, Rancho Cucamonga, Temecula, Riverside, San Bernardino, the Coachella Valley, CA, La Quinta, Indio, Yucca Valley, or Joshua Tree, depositions can make or break your case. A good defense attorney can make even the calmest deponent nervous. And then there are some deponents who can drive a litigation lawyer nuts.

Many times, clients want to know how to answer deposition questions. First of all, I tell my clients to answer truthfully. Then I advise clients not to watch how politicians answer questions. This is what can happen if a client ignores that advice.

"You said to the policeman investigating the scene of the accident that you weren't wearing a seat belt yet today you state that you were wearing one," the defense attorney stated to my client.

My client smiled sweetly at the news commentator, just like Sarah Palin did to Charles Gibson in her first television interview.

"Would you care to explain this discrepancy?" the attorney asked. The attorney had introduced himself as Charles Johnson.

"Well, Charlie, I believe everyone should wear seat belts when they are in a car.

"Okay, but can you explain why you told the police officer at the scene that you weren't wearing a seat belt?"

My client smiled sweetly again, giving the attorney her best impression of a political candidate.

"Charles, I believe in a woman's choice, however I feel even more strongly about the sanctity of life."

"You're not going to answer the question, is that what you're saying?" the attorney asked, looking over his own eyeglasses.

"Well, I really think that there are much bigger issues to discuss," the client answered, putting the attorney on the defensive.

"Don't you think it's important for us to know if what you say now is different from what you said earlier?"

My client looked directly at the attorney. "Charlie, I believe what is important here is that your client ran a red light."

"Lets move on to the fact that you claim you never had a back injury before this accident.. How do you reconcile that with your treatment for back pain prior to this accident?"

"Charlie, as you know, you can have a visit to a doctor without it being for an injury. I have to say this type of questioning borders on being sexist."

"Did you or didn't you have treatment for a back condition prior to this accident?" the attorney said, raising his voice.

"It's not what you go to for a doctor, it's what the doctor does for you, Charles, and when you realize that women are different from men, you'll learn that women doctors do things differently than male doctors."

"You're refusing to answer my questions."

"I've answered all of your questions," my client said.

"No," the attorney said. "All you've done is give me stock answers to the questions you want me to give and not answer the questions I'm asking." The opposing attorney turned to me and realized I hadn't made a single objection.

"Please, ask me your question, and I'll be as honest as I can."

"Is it true that this has been your third accident this year and that each time you've been rear ended."

My client smiled and the attorney asking the questions knew he would not be getting an answer to this one that he could use.

"I believe that God has a plan for each of us and sometimes he tests our resolve."

"That's your answer?" the attorney asked. "You might as well be speaking in tongues right now."

"God has a plan for all of us, Charles, even for you," my client said.

"If it's to drive us nuts, it's working," the attorney said. "I'll give you one last chance to answer a question. Did you cause this accident?"

"Charles, what may be interpreted as a cause could sometimes be otherwise viewed as simply trying to avoid the, you know, impossibly difficult or, trying to prevent that kind of thing, then again, even when you are driving carefully, these accidents...and this could be viewed as one of those situations. Does that answer your question?"

Two hours later when the deposition had ended, the attorney was looking frazzled.

"How did I do?" my client asked me after the deposition was over.

I smiled sweetly like any good politician. "It's not how well you did," I said. "It's how many psychiatric treatments that attorney is going to need before he is able to attempt another deposition."

Note - In California, refusing to answer questions can lead to having a motion filed against the party who refuses to answer deposition questions, and an imposition of a fine against the deponent or attorney who abuses the discovery process. Sadly, many deponents and attorneys in California abuse the deposition process when they think the other party's attorney won't take the time to file a motion to compel. An attempt to evade questions as a politician often does, or answering with stock answers instead of providing answers responsive to the questions is clearly improper. And politicians who answer questions in this manner are not setting a good example. On the other hand, some of Sarah Palin's answers to questions put to her by Katie Couric, similar to this deponent's last answer, were so incomprehensible it is hard to know how a judge might view answers such as hers.

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Wednesday, April 7, 2010

How to Answer Deposition Questions Like a Politician in California


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Any California trial litigation attorney can tell you, whether he or she practices in Indian Wells, Palm Springs or Palm Desert, San Diego, California, Orange County, CA, La Jolla, Del Mar, Laguna Beach, Newport Beach, Corona del Mar, Huntington Beach, Irvine, Santa Ana, Irvine, Ventura, Santa Barbara and San Luis Obispo, Ontario, Rancho Cucamonga, Temecula, Riverside, San Bernardino, the Coachella Valley, CA, La Quinta, Indio, Yucca Valley, or Joshua Tree, depositions can make or break your case. A good defense attorney can make even the calmest deponent nervous. And then there are some deponents who can drive a litigation lawyer nuts.

Many times, clients want to know how to answer deposition questions. First of all, I tell my clients to answer truthfully. Then I advise clients not to watch how politicians answer questions. This is what can happen if a client ignores that advice.

"You said to the policeman investigating the scene of the accident that you weren't wearing a seat belt yet today you state that you were wearing one," the defense attorney stated to my client.

My client smiled sweetly at the news commentator, just like Sarah Palin did to Charles Gibson in her first television interview.

"Would you care to explain this discrepancy?" the attorney asked. The attorney had introduced himself as Charles Johnson.

"Well, Charlie, I believe everyone should wear seat belts when they are in a car.

"Okay, but can you explain why you told the police officer at the scene that you weren't wearing a seat belt?"

My client smiled sweetly again, giving the attorney her best impression of a political candidate.

"Charles, I believe in a woman's choice, however I feel even more strongly about the sanctity of life."

"You're not going to answer the question, is that what you're saying?" the attorney asked, looking over his own eyeglasses.

"Well, I really think that there are much bigger issues to discuss," the client answered, putting the attorney on the defensive.

"Don't you think it's important for us to know if what you say now is different from what you said earlier?"

My client looked directly at the attorney. "Charlie, I believe what is important here is that your client ran a red light."

"Lets move on to the fact that you claim you never had a back injury before this accident.. How do you reconcile that with your treatment for back pain prior to this accident?"

"Charlie, as you know, you can have a visit to a doctor without it being for an injury. I have to say this type of questioning borders on being sexist."

"Did you or didn't you have treatment for a back condition prior to this accident?" the attorney said, raising his voice.

"It's not what you go to for a doctor, it's what the doctor does for you, Charles, and when you realize that women are different from men, you'll learn that women doctors do things differently than male doctors."

"You're refusing to answer my questions."

"I've answered all of your questions," my client said.

"No," the attorney said. "All you've done is give me stock answers to the questions you want me to give and not answer the questions I'm asking." The opposing attorney turned to me and realized I hadn't made a single objection.

"Please, ask me your question, and I'll be as honest as I can."

"Is it true that this has been your third accident this year and that each time you've been rear ended."

My client smiled and the attorney asking the questions knew he would not be getting an answer to this one that he could use.

"I believe that God has a plan for each of us and sometimes he tests our resolve."

"That's your answer?" the attorney asked. "You might as well be speaking in tongues right now."

"God has a plan for all of us, Charles, even for you," my client said.

"If it's to drive us nuts, it's working," the attorney said. "I'll give you one last chance to answer a question. Did you cause this accident?"

"Charles, what may be interpreted as a cause could sometimes be otherwise viewed as simply trying to avoid the, you know, impossibly difficult or, trying to prevent that kind of thing, then again, even when you are driving carefully, these accidents...and this could be viewed as one of those situations. Does that answer your question?"

Two hours later when the deposition had ended, the attorney was looking frazzled.

"How did I do?" my client asked me after the deposition was over.

I smiled sweetly like any good politician. "It's not how well you did," I said. "It's how many psychiatric treatments that attorney is going to need before he is able to attempt another deposition."

Note - In California, refusing to answer questions can lead to having a motion filed against the party who refuses to answer deposition questions, and an imposition of a fine against the deponent or attorney who abuses the discovery process. Sadly, many deponents and attorneys in California abuse the deposition process when they think the other party's attorney won't take the time to file a motion to compel. An attempt to evade questions as a politician often does, or answering with stock answers instead of providing answers responsive to the questions is clearly improper. And politicians who answer questions in this manner are not setting a good example. On the other hand, some of Sarah Palin's answers to questions put to her by Katie Couric, similar to this deponent's last answer, were so incomprehensible it is hard to know how a judge might view answers such as hers.

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Friday, April 2, 2010

Criminal Defense Careers


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Criminal defense careers offer several exciting and rewarding positions in both public and private sectors. Employment options in any legal organization would depend upon the size of the firm, specialization, and expertise. Criminal defense lawyer or attorney can specialize in areas such as DUI, DWI, disorderly conduct, kidnapping, domestic violence, weapon crimes, felonies, murder, parole violations, arrest warrants, bail hearings, or summonses. However, a great deal of trial experience is required for any criminal defense lawyer. Most of the criminal defense lawyers work for prosecutor?s or public defender?s office.

The attorneys can specialize in white collar criminal defense. Most of the large law firms consist of a white-collar criminal defense division. They can also work as solo practitioners. White collar criminal defense lawyers provide legal representation for corporate clients against regulatory boards such as the Securities and Exchange Commission or against the corporate crime division of the U.S. attorney's office. Besides crime issues, they can also specialize in embezzlement, price-fixing, fraud, bribery, and racketeering. White collar criminal defense attorneys charge relatively higher than that of large-scale civil litigation attorneys.

The lawyers can also specialize in appellate law. Appellate attorneys can work in both private and government organizations. They spend most of their time in appellate research, presentation of oral arguments, and in the preparation of records and briefs. A wide range of appellate caseload is available in both state and federal courts. State appellate criminal defense attorneys can earn a government salary. Private lawyers engaged in appellate cases can earn a huge amount as salary. Most appellate attorneys will have either prior trial experience or clerking experience for a judge.

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Criminal Defense Careers


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Criminal defense careers offer several exciting and rewarding positions in both public and private sectors. Employment options in any legal organization would depend upon the size of the firm, specialization, and expertise. Criminal defense lawyer or attorney can specialize in areas such as DUI, DWI, disorderly conduct, kidnapping, domestic violence, weapon crimes, felonies, murder, parole violations, arrest warrants, bail hearings, or summonses. However, a great deal of trial experience is required for any criminal defense lawyer. Most of the criminal defense lawyers work for prosecutor?s or public defender?s office.

The attorneys can specialize in white collar criminal defense. Most of the large law firms consist of a white-collar criminal defense division. They can also work as solo practitioners. White collar criminal defense lawyers provide legal representation for corporate clients against regulatory boards such as the Securities and Exchange Commission or against the corporate crime division of the U.S. attorney's office. Besides crime issues, they can also specialize in embezzlement, price-fixing, fraud, bribery, and racketeering. White collar criminal defense attorneys charge relatively higher than that of large-scale civil litigation attorneys.

The lawyers can also specialize in appellate law. Appellate attorneys can work in both private and government organizations. They spend most of their time in appellate research, presentation of oral arguments, and in the preparation of records and briefs. A wide range of appellate caseload is available in both state and federal courts. State appellate criminal defense attorneys can earn a government salary. Private lawyers engaged in appellate cases can earn a huge amount as salary. Most appellate attorneys will have either prior trial experience or clerking experience for a judge.

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Thursday, April 1, 2010

California DUI Attorney FAQs


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Wondering whether you really need to hire a California DUI attorney? Do you know you need one but are not sure where to look? Here are the answers to your FAQs.

Do I really need a California DUI attorney?

If you were caught driving under the influence in the state of California, then you cannot do without a California DUI attorney. Remember that a DUI case is a criminal case, and you can pay very high fines and go to jail without proper representation. Some 1.5 million drivers are charged with DUI annually, and most of these cases result in serious consequences for the accused because of improper representation. Don't let this happen to you.

As an expert in DUI laws, a California DUI attorney can guide you through a DMV proceeding and through the court if need be. He or she can help lower your fines and acquit you of criminal charges that can put you behind bars. The lawyer can also reduce your penalties to minor punishments such as classes for alcohol education, community service or installing an ignition interlock device in your car.

Is it expensive to hire such lawyers?

It depends on your arrangement. To protect yourself, make sure that the fees fully clarified and are set in a written contract. Some California DUI lawyers j ask for an initial retainer, but some give 'all-inclusive' packages. Be especially careful of the latter. Always make sure that the package covers extra costs such as those related to the DMV license hearing, the fee for the expert witness, fees for blood reanalysis (if needed) and subpoena costs, among others. As a general rule, DUI lawyers in smaller communities charge anywhere from $500 to $1,000, and some DUI nationally renowned specialists charge up to $15,000 (or more).

Where in California can I hire DUI lawyers?

Almost all key cities in California have DUI lawyers, but bigger law offices are found in the areas of Long Beach, Los Angeles, San Diego, Irvine, Woodland Hills, Pasadena and Riverside.

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Wednesday, March 31, 2010

DUI Lawyer in San Diego


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If you've been charged with a DUI in San Diego, you'll need to find a highly qualified DUI lawyer in San Diego to take your case. Having an advocate to navigate you through the court system will be invaluable to your peace of mind and, ultimately, the outcome of your case. If you've just been arrested for DUI it is in your best interest to learn all the applicable San Diego DUI laws you'll be subject to. These laws are discussed below.

Why do I need a DUI Lawyer in San Diego?

In San Diego California, the DUI laws are very tough. Below are the charges you are most likely facing;

23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs.

23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.

In most cases, both the 23152 (a) and 23152 (b) offenses will be charged. Although only 1 act was performed the law clearly states that a suspect charged with drunk driving can be (and in almost every instance is) convicted of both the (a) and (b) offenses. The law also clearly states that the person can only be punished for 1 of the above offenses (the punishments are nearly identical though).

As you can see, having a San Diego DUI lawyer is critical to the success of your case. While you can defend yourself in your DUI case, a San Diego DUI lawyer will help you navigate the tough local laws through experience and personal connections.

How do I know which DUI lawyer in San Diego to choose?

There are a lot of factors to consider when choosing a DUI lawyer in San Diego. You need to make appointments with several lawyers to interview them about their practice and relevant experience. A good DUI lawyer in San Diego will have an experienced track record of success with DUI cases and some important contacts to call on. You should find out how many DUI cases the lawyer you select has defended and more importantly the outcomes of those cases within San Diego County.
A good DUI lawyer in San Diego county will be your personal advocate in court and will be able to attend all of the required court proceedings on your behalf. This will allow you to avoid the stressful, time-consuming court appearances unless the law requires you to specifically appear.

You should also find out how long your San Diego DUI lawyer has been in practice. Of course, your best bet for a good DUI lawyer would be someone who has years of experience under his/her belt. Selecting your lawyer based on cost is not usually the best option as the old adage 'you get what you pay for' is especially true when selecting your DUI defense team.

Meet With A DUI Lawyer in San Diego

When you're in the initial phases of searching for a San Diego DUI lawyer, you shouldn't have to spend any money. A reputable San Diego DUI lawyer will be happy to meet with you for a free consultation to discuss your case. At this initial meeting you'll find out more about the fees in relation to your specific DUI charge. At the very least you should meet with several DUI lawyers in San Diego to discuss your case, get some important free information and make your important decision about who will represent you on this very serious charge.

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Oklahoma DUI Attorney


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Oklahoma DUI Law

In the state of Oklahoma, it is illegal to drive while under the influence of alcohol or drugs. If you arrested and convicted of this offense, you face serious criminal and administrative penalties that have a strong potential to reduce your quality of life and make it difficult for you to carry out normal activities such as maintaining employment or attending college. These penalties can also tarnish your reputation and leave you with a criminal record that can haunt you forever. Because this offense and the associated penalties are so severe, it is important that you contact an Oklahoma DUI lawyer as soon as possible after your arrest. Having an Oklahoma DUI attorney represent you is your best chance of having a successful outcome in your DUI case.

Oklahoma DUI Arrests

If you are arrested for driving under the influence in the state of Oklahoma, two separate cases will be commenced against one. One is a criminal case since driving under the influence is a crime. You will be charged with driving under the influence and any other offenses related to that offense and you will face substantial criminal penalties. The second type of case is an administrative action against you. In this case, the state will seek to suspend your driving privileges for a period of time that matches the level of the offense and any special circumstances. You may be charged under two theories in the state of Oklahoma. One is the traditional driving under the influence charge where you are prosecuted based on your level of impairment while driving. The prosecutor may introduce information about your driving patterns or your appearance at the time of your arrest. The second is a "per se" theory where the prosecutor does not have to show a specific level of impairment. In this type of case, the prosecutor is relying on the results of your chemical test to show that you are guilty of committing a DUI offense. If this test shows that your blood alcohol level is 0.08% or greater, this means that you were under the influence as defined in the "per se" laws.

There are three offenses that are all related. You will be charged with the offense that most closely matches the facts of the case. DUI stands for driving under the influence and is the most traditional charge that offenders face. APC or Actual Physical Control is an offense that is different from a DUI offense. You will be charged with an APC if you are parked and have the ability to operate the vehicle if you wanted to operate it after consuming alcohol. The penalties for an APC are the same as for a DUI so it is important that you avoid this type of behavior after you have consumed alcohol. DWI is driving while impaired by alcohol and is charged against a driver who has a blood alcohol concentration level below 0.08%. All of these offenses can result in penalties that can disrupt your life. Contact an Oklahoma DUI attorney immediately after your arrest to preserve your rights and make sure you have a qualified legal professional to handle your case.

Oklahoma DUI Driver's License Penalties

When you are arrested for a DUI, DWI, or APC offense, your license will automatically be suspended 30 days after your arrest. If you do not take any action, this suspension will take effect and you will have no opportunity to have the suspension lifted. You must request a hearing on your license suspension within 15 days of your arrest. Contacting a skilled Oklahoma DUI attorney can help you to win your suspension hearing and keep your driving privileges until your criminal trial takes place. If your license remains suspended, the Department of Public Safety will keep the suspension in effect for 6 months to three years depending on the number of prior offenses you have had. You may not drive for any reason while your license is suspended unless you are eligible for a work permit. This work permit would allow you to get to and from work and other necessary locations. Consulting with an Oklahoma DUI attorney is the only way to give yourself a chance of saving your driving privileges after a DUI arrest.

Oklahoma DUI Criminal Penalties

The criminal penalties associated with APC, DWI, and DUI can be severe depending on the number of prior offenses and any aggravating circumstances involved in your case. A first offense is considered a misdemeanor and carries penalties of a $1,000 fine and not less than ten days and not more than one year in jail. A second offense increases these penalties to a fine of not more than $2,500 and jail time of not less than one year and no more than five years. Another felony offense results in fines of not less than $5,000 and jail time of not less than one and no more than seven years. A third or subsequent offense carries penalties of a fine of not more than $5,000 and jail time of not less than one year and not more than seven years. These penalties are severe; contacting an Oklahoma DUI attorney will help you to navigate the legal system and defend the charges you are facing so you can avoid these harsh penalties.

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Tuesday, March 30, 2010

California Criminal Records Prove That Los Angeles is Not a City of Angels


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Los Angeles, California has long been known as the City of Angeles. However, California criminal records prove that Los Angeles is not a city of angels. L.A. is the largest city in the state of California and the second largest city in the nation. Los Angeles has nearly four million residents, meaning that approximately one-ninth of the state's population reside in L.A. Los Angeles County is the most populated and the most diverse county in the United States. Residents hail from all over the globe - from more than 140 countries to be exact. They speak 224 different languages, including English, Spanish, Korean, Filipino, Armenian, Chinese, and Persian.

In the past decade, the number of California criminal records has steadily declined. Although crime has significantly decreased, the record low for homicides was still 392 in 2007. The murder rate is high in Los Angeles, strongly due to the number of gangs and gang members that call L.A. their home. Known as the Gang Capital of America, Los Angeles is home to many infamous gangs, such as the Bloods, the Crips, the Surenos, and the 18th Street gang. In addition to gang activity, Los Angeles is an area in which a large number of hate crimes occur. These crimes are committed against people because of their race, ethnicity, religion, or sexual orientation. Results from the 2000 Census show that Los Angeles is a minority-majority city, meaning that the majority of people living in the city differ from the national majority population. This means that the majority of Angelenos are not Non-Hispanic whites. Because Los Angeles' population is diverse, made up of Non-Hispanic whites, Hispanics, Latinos, African Americans, Asian Americas, Native Americans, Pacific Islanders, and a number of other races, with many people being bi-racial or of more than two races, crimes based on race and ethnicity are very common.

Other major cities in California include Anaheim, Fresno, Long Beach, Monterey, Napa, Oakland, Sacramento, San Diego, San Francisco, San Jose, Santa Ana, Santa Barbara, and Santa Cruz. However, California criminal records from those cities pale in comparison to those of Los Angeles. While some of the cities may have high crime rates, with some being higher than Los Angeles, the actual numbers of crimes committed in other cities are much lower than those of Los Angeles. This is due t the fact that one of the factors involved in determining crime rates is population. For example, according to a 2006 crime comparison, San Francisco had a murder rate of 11.5, while Los Angeles had a rate of 12.4. This may lead you to believe that nearly as many murders occurred in San Francisco as Los Angeles. When you examine the actual number of murders, San Francisco had 86, while Los Angeles had 480. Crime rate is found by dividing the actual number of a particular crime by the population multiplied by the number 100,000. Comparing the city to the entire state of California, Los Angeles has a violent crime rate that is more than double that of the state of California as a whole. Therefore, not all residents of Los Angeles, California are angels.

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California Criminal Records Prove That Los Angeles is Not a City of Angels


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Los Angeles, California has long been known as the City of Angeles. However, California criminal records prove that Los Angeles is not a city of angels. L.A. is the largest city in the state of California and the second largest city in the nation. Los Angeles has nearly four million residents, meaning that approximately one-ninth of the state's population reside in L.A. Los Angeles County is the most populated and the most diverse county in the United States. Residents hail from all over the globe - from more than 140 countries to be exact. They speak 224 different languages, including English, Spanish, Korean, Filipino, Armenian, Chinese, and Persian.

In the past decade, the number of California criminal records has steadily declined. Although crime has significantly decreased, the record low for homicides was still 392 in 2007. The murder rate is high in Los Angeles, strongly due to the number of gangs and gang members that call L.A. their home. Known as the Gang Capital of America, Los Angeles is home to many infamous gangs, such as the Bloods, the Crips, the Surenos, and the 18th Street gang. In addition to gang activity, Los Angeles is an area in which a large number of hate crimes occur. These crimes are committed against people because of their race, ethnicity, religion, or sexual orientation. Results from the 2000 Census show that Los Angeles is a minority-majority city, meaning that the majority of people living in the city differ from the national majority population. This means that the majority of Angelenos are not Non-Hispanic whites. Because Los Angeles' population is diverse, made up of Non-Hispanic whites, Hispanics, Latinos, African Americans, Asian Americas, Native Americans, Pacific Islanders, and a number of other races, with many people being bi-racial or of more than two races, crimes based on race and ethnicity are very common.

Other major cities in California include Anaheim, Fresno, Long Beach, Monterey, Napa, Oakland, Sacramento, San Diego, San Francisco, San Jose, Santa Ana, Santa Barbara, and Santa Cruz. However, California criminal records from those cities pale in comparison to those of Los Angeles. While some of the cities may have high crime rates, with some being higher than Los Angeles, the actual numbers of crimes committed in other cities are much lower than those of Los Angeles. This is due t the fact that one of the factors involved in determining crime rates is population. For example, according to a 2006 crime comparison, San Francisco had a murder rate of 11.5, while Los Angeles had a rate of 12.4. This may lead you to believe that nearly as many murders occurred in San Francisco as Los Angeles. When you examine the actual number of murders, San Francisco had 86, while Los Angeles had 480. Crime rate is found by dividing the actual number of a particular crime by the population multiplied by the number 100,000. Comparing the city to the entire state of California, Los Angeles has a violent crime rate that is more than double that of the state of California as a whole. Therefore, not all residents of Los Angeles, California are angels.

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Monday, March 29, 2010

Oklahoma DUI Attorney


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Oklahoma DUI Law

In the state of Oklahoma, it is illegal to drive while under the influence of alcohol or drugs. If you arrested and convicted of this offense, you face serious criminal and administrative penalties that have a strong potential to reduce your quality of life and make it difficult for you to carry out normal activities such as maintaining employment or attending college. These penalties can also tarnish your reputation and leave you with a criminal record that can haunt you forever. Because this offense and the associated penalties are so severe, it is important that you contact an Oklahoma DUI lawyer as soon as possible after your arrest. Having an Oklahoma DUI attorney represent you is your best chance of having a successful outcome in your DUI case.

Oklahoma DUI Arrests

If you are arrested for driving under the influence in the state of Oklahoma, two separate cases will be commenced against one. One is a criminal case since driving under the influence is a crime. You will be charged with driving under the influence and any other offenses related to that offense and you will face substantial criminal penalties. The second type of case is an administrative action against you. In this case, the state will seek to suspend your driving privileges for a period of time that matches the level of the offense and any special circumstances. You may be charged under two theories in the state of Oklahoma. One is the traditional driving under the influence charge where you are prosecuted based on your level of impairment while driving. The prosecutor may introduce information about your driving patterns or your appearance at the time of your arrest. The second is a "per se" theory where the prosecutor does not have to show a specific level of impairment. In this type of case, the prosecutor is relying on the results of your chemical test to show that you are guilty of committing a DUI offense. If this test shows that your blood alcohol level is 0.08% or greater, this means that you were under the influence as defined in the "per se" laws.

There are three offenses that are all related. You will be charged with the offense that most closely matches the facts of the case. DUI stands for driving under the influence and is the most traditional charge that offenders face. APC or Actual Physical Control is an offense that is different from a DUI offense. You will be charged with an APC if you are parked and have the ability to operate the vehicle if you wanted to operate it after consuming alcohol. The penalties for an APC are the same as for a DUI so it is important that you avoid this type of behavior after you have consumed alcohol. DWI is driving while impaired by alcohol and is charged against a driver who has a blood alcohol concentration level below 0.08%. All of these offenses can result in penalties that can disrupt your life. Contact an Oklahoma DUI attorney immediately after your arrest to preserve your rights and make sure you have a qualified legal professional to handle your case.

Oklahoma DUI Driver's License Penalties

When you are arrested for a DUI, DWI, or APC offense, your license will automatically be suspended 30 days after your arrest. If you do not take any action, this suspension will take effect and you will have no opportunity to have the suspension lifted. You must request a hearing on your license suspension within 15 days of your arrest. Contacting a skilled Oklahoma DUI attorney can help you to win your suspension hearing and keep your driving privileges until your criminal trial takes place. If your license remains suspended, the Department of Public Safety will keep the suspension in effect for 6 months to three years depending on the number of prior offenses you have had. You may not drive for any reason while your license is suspended unless you are eligible for a work permit. This work permit would allow you to get to and from work and other necessary locations. Consulting with an Oklahoma DUI attorney is the only way to give yourself a chance of saving your driving privileges after a DUI arrest.

Oklahoma DUI Criminal Penalties

The criminal penalties associated with APC, DWI, and DUI can be severe depending on the number of prior offenses and any aggravating circumstances involved in your case. A first offense is considered a misdemeanor and carries penalties of a $1,000 fine and not less than ten days and not more than one year in jail. A second offense increases these penalties to a fine of not more than $2,500 and jail time of not less than one year and no more than five years. Another felony offense results in fines of not less than $5,000 and jail time of not less than one and no more than seven years. A third or subsequent offense carries penalties of a fine of not more than $5,000 and jail time of not less than one year and not more than seven years. These penalties are severe; contacting an Oklahoma DUI attorney will help you to navigate the legal system and defend the charges you are facing so you can avoid these harsh penalties.

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What is DUI Expungement and How Can You Expunge a DUI in California?


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A California drunk driving misdemeanor conviction is eligible for expungement under California Penal Code Section 1203.4. The benefits of clearing a DUI record can mean many things, including expanded employment opportunities by being able to answer "no" on job applications if and when the employer or application asks if you've ever been convicted of a criminal offense.

By clearing the record you'll be eligible for jobs that would otherwise exclude you based solely on the California DUI record as well as professional licenses and other civic liberties.

Drunk Driving Expungement

After a Drunk Driving conviction, one of the best remedies to seek is what's known as a 1203.4 expungement which is a legal practice that can clear your DUI record. The California DUI expungement gets the initial charges dismissed and the case dropped under specific terms described in the California expungement order. The California DUI expungement can be handled by a DUI Lawyer who can advise how the drunk driving charges can be dropped.

What is a DUI Expungement?

A DUI expungement is a legal process that petitions the Court to review a DUI-related conviction to determine:

If the term of probation was successfully completed & concluded;

That all fines, restitution and reimbursement ordered by the court have been paid and everything ordered by the court was completed in a timely manner;

That the petitioner is not now on probation for another offense;

That the petitioner has no new pending cases;

The Court then may allow the petitioner to withdraw his or plea or finding of guilt or no contest, and thereafter orders the case dismissed.

How does this help me?

Expungement law (Penal Code Section 1203.4) provides in part:

"[Petitioner shall]...be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided..."

What about applying for jobs?

If Private Employers ask if you have ever been convicted of a crime, you generally can respond with "NO".


(Each question is different so please first contact an attorney before answering any specific question, in every case and for every form.)

On questions by Government Employers or Government Licensing Applications if you are asked if you have ever been convicted of a crime, you must disclose the expunged case.

What doesn't a DUI Expungement do?

Your dismissed DUI conviction can still be used to increase your punishment in future DUI cases. The offense is "priorable".


It can still be used to enhance penalties & increase punishment should you get another DUI.

It can be used to try to put you in jail or increase the length of a DMV suspension.

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Sunday, March 28, 2010

California DUI Attorney FAQs


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Wondering whether you really need to hire a California DUI attorney? Do you know you need one but are not sure where to look? Here are the answers to your FAQs.

Do I really need a California DUI attorney?

If you were caught driving under the influence in the state of California, then you cannot do without a California DUI attorney. Remember that a DUI case is a criminal case, and you can pay very high fines and go to jail without proper representation. Some 1.5 million drivers are charged with DUI annually, and most of these cases result in serious consequences for the accused because of improper representation. Don't let this happen to you.

As an expert in DUI laws, a California DUI attorney can guide you through a DMV proceeding and through the court if need be. He or she can help lower your fines and acquit you of criminal charges that can put you behind bars. The lawyer can also reduce your penalties to minor punishments such as classes for alcohol education, community service or installing an ignition interlock device in your car.

Is it expensive to hire such lawyers?

It depends on your arrangement. To protect yourself, make sure that the fees fully clarified and are set in a written contract. Some California DUI lawyers j ask for an initial retainer, but some give 'all-inclusive' packages. Be especially careful of the latter. Always make sure that the package covers extra costs such as those related to the DMV license hearing, the fee for the expert witness, fees for blood reanalysis (if needed) and subpoena costs, among others. As a general rule, DUI lawyers in smaller communities charge anywhere from $500 to $1,000, and some DUI nationally renowned specialists charge up to $15,000 (or more).

Where in California can I hire DUI lawyers?

Almost all key cities in California have DUI lawyers, but bigger law offices are found in the areas of Long Beach, Los Angeles, San Diego, Irvine, Woodland Hills, Pasadena and Riverside.

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Saturday, March 27, 2010

California Personal Injury Lawsuits and Your Rights


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In California personal injury claims are often handled by attorneys, because of the complexity of seemingly simple cases. The common compensation system for wrongs still exists, but has been modified by law. Some states are called no fault and have substantially different laws. In California there is one major change that was made. More likely than not the change came about as a result of the insurance industry. Basically the idea is that people that are uninsured should not benefit at the expense of those that are insured.

In California your rights are reduced if you are driving a car and have no car insurance for the car you are driving. There are a few exceptions, but as a rule you must have car insurance if you are going to drive in the state of California to be able to make a full claim.

Personal injury claims are actually relatively broad claims that include more than just a claim for personal injuries. A personal injury claims is usually a claim that involves seeking reimbursement for medical expenses incurred treating injuries resulting from the negligence or intentional action of another, it also involves seeking compensation for the pain and suffering, if the injured person was married at the time of the event that caused the injury the spouse is entitled to make a claim for loss of consortium.

Loss of Consortium means many different things as defined by the California Supreme court, but in the vast majority of cases it has been reduced to a claim for diminished ability to engage in sexual relationships. Many claimants and potential claimants forgo the right, because exercising the right necessarily means the opposing party that caused the accident is entitled to inquiry about the sexual relationship between the couple and have his or her attorney ask written and oral questions pertaining to the sexual relationship. The injured party is also entitled to seek reimbursement for out of pocket expenses incurred in seeking medical treatment, such as transportation, over the counter drugs, neck braces, and other such items. The injured is also entitled to compensation for the time lost from work.

The claimant will not automatically receive compensation for all these things, this where attorneys come in. First the claimant has to prove that if he or she was driving the car that he or she was insured. If the driver was driving someone else's car, it is okay as long as the car was insured. In some cases there are exclusions for the particular driver, it is not unusual for spouses to exclude each other to get lower insurance rates when one of them has a poor driving record or criminal convictions for driving under the influence of alcohol. Some drivers create fancy schemes to get the vehicle insured and be able to obtain registration as well. Among undocumented workers there are many unregistered vehicles and many schemes as well where the driver is often not the registered owner or insured.

What results when these drivers are uninsured is that they lose their right to what are called general damages. General damages in short means the right to compensation for the pain and suffering. Sometimes the injured party failed to pay on time and the insurance was canceled, sometimes the payment was lost, and sometimes they forget to pay or mailed payment to the wrong place. These are not viable excuses an attorney cannot fix these errors.

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What is DUI Expungement and How Can You Expunge a DUI in California?


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A California drunk driving misdemeanor conviction is eligible for expungement under California Penal Code Section 1203.4. The benefits of clearing a DUI record can mean many things, including expanded employment opportunities by being able to answer "no" on job applications if and when the employer or application asks if you've ever been convicted of a criminal offense.

By clearing the record you'll be eligible for jobs that would otherwise exclude you based solely on the California DUI record as well as professional licenses and other civic liberties.

Drunk Driving Expungement

After a Drunk Driving conviction, one of the best remedies to seek is what's known as a 1203.4 expungement which is a legal practice that can clear your DUI record. The California DUI expungement gets the initial charges dismissed and the case dropped under specific terms described in the California expungement order. The California DUI expungement can be handled by a DUI Lawyer who can advise how the drunk driving charges can be dropped.

What is a DUI Expungement?

A DUI expungement is a legal process that petitions the Court to review a DUI-related conviction to determine:

If the term of probation was successfully completed & concluded;

That all fines, restitution and reimbursement ordered by the court have been paid and everything ordered by the court was completed in a timely manner;

That the petitioner is not now on probation for another offense;

That the petitioner has no new pending cases;

The Court then may allow the petitioner to withdraw his or plea or finding of guilt or no contest, and thereafter orders the case dismissed.

How does this help me?

Expungement law (Penal Code Section 1203.4) provides in part:

"[Petitioner shall]...be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided..."

What about applying for jobs?

If Private Employers ask if you have ever been convicted of a crime, you generally can respond with "NO".


(Each question is different so please first contact an attorney before answering any specific question, in every case and for every form.)

On questions by Government Employers or Government Licensing Applications if you are asked if you have ever been convicted of a crime, you must disclose the expunged case.

What doesn't a DUI Expungement do?

Your dismissed DUI conviction can still be used to increase your punishment in future DUI cases. The offense is "priorable".


It can still be used to enhance penalties & increase punishment should you get another DUI.

It can be used to try to put you in jail or increase the length of a DMV suspension.

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Friday, March 26, 2010

San Diego DUI Laws - What Are the Possible Penalties?


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Getting a DUI can be a scary experience, especially if you don't know what to expect when you go to court. If you live in San Diego and get a DUI, there are specific penalties that can be handed down. The following information is about these laws and the differences in the penalties if you already have a conviction for driving under the influence.

The Possible Penalties for Your First DUI in San Diego

The penalties for driving under the influence in San Diego are a combination of fines, alcohol and drug rehab programs, jail time, and license restrictions. All of these penalties are at the discretion of the judge and the prosecutor will make sentencing recommendations in the event that you are found or plead guilty. For the first offense, the possible penalties are:

1. Fines ranging from $390 to $1000.
2. 48 hours to 6 months in the county jail.
3. 6 months of driver's license suspension
4. Drug and alcohol program

Other possible penalties include the impoundment of your vehicle for up to six months, community service, ignition interlock device, and MADD impact panel. If probation is part of the imposed sentence, then additional monetary penalties may be imposed, but the drug and alcohol program may be omitted.

The Possible Penalties for Your Second DUI in San Diego

If convicted of a second occurrence of driving under the influence within 10 years, the penalties are higher. These may include:

1. Fines ranging form $390 to $1000.
2. 96 hours to 1 year in the county jail.
3. 2 year license suspension
4. Ignition interlock device

If probation is not part of the sentence, then the jail time may be from 90 days to 1 year in the county jail. The judge also can impound your vehicle, sentence you to community service, and make you attend the MADD impact panel.

The Possible Penalties for Your Third DUI in San Diego

If convicted of a third occurrence of driving under the influence within 10 years, you can expect to spend some serious time in jail and that you will not be driving for quite a while.

1. Fines ranging from $390 to $1000
2. 4 months to 1 year in the county jail
3. 3 year license revocation
4. 18 month alcohol program
5. Ignition interlock device

The judge may also impose the additional penalties listed above. There are also significant additional monetary penalties that may be imposed.

The Possible Penalties for Your Fourth DUI in San Diego

The fourth conviction of driving under the influence will almost definitely get you time in the state penitentiary. The judge will no longer be able to sentence you to time in the county jail. The possible penalties with no probation are:

1. Fines ranging from $390 to $1000
2. 16 to 36 months in the state penitentiary
3. 4 years license revocation
4. 18 month alcohol program
5. Ignition interlock device

The above penalties do not factor any other circumstances, such as an accident, property damage, prior felony convictions, work zone tickets, or any number other factors.

San Diego Courts

There are four main San Diego courts that will handle your DUI case. They are the East, North, and South County Courts, and the Ramona Court. The Ramona Court handles traffic and minor offenses, but the other three courts deal with criminal matters that are more serious. Where you received your driving under the influence charge will determine which court your case will be heard.

In Closing

A DUI is a serious offense and one that you should not take lightly. Seek the advice of an experienced lawyer to help you understand all the laws and options that are available to you.

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California Personal Injury Lawsuits and Your Rights


Image : http://www.flickr.com


In California personal injury claims are often handled by attorneys, because of the complexity of seemingly simple cases. The common compensation system for wrongs still exists, but has been modified by law. Some states are called no fault and have substantially different laws. In California there is one major change that was made. More likely than not the change came about as a result of the insurance industry. Basically the idea is that people that are uninsured should not benefit at the expense of those that are insured.

In California your rights are reduced if you are driving a car and have no car insurance for the car you are driving. There are a few exceptions, but as a rule you must have car insurance if you are going to drive in the state of California to be able to make a full claim.

Personal injury claims are actually relatively broad claims that include more than just a claim for personal injuries. A personal injury claims is usually a claim that involves seeking reimbursement for medical expenses incurred treating injuries resulting from the negligence or intentional action of another, it also involves seeking compensation for the pain and suffering, if the injured person was married at the time of the event that caused the injury the spouse is entitled to make a claim for loss of consortium.

Loss of Consortium means many different things as defined by the California Supreme court, but in the vast majority of cases it has been reduced to a claim for diminished ability to engage in sexual relationships. Many claimants and potential claimants forgo the right, because exercising the right necessarily means the opposing party that caused the accident is entitled to inquiry about the sexual relationship between the couple and have his or her attorney ask written and oral questions pertaining to the sexual relationship. The injured party is also entitled to seek reimbursement for out of pocket expenses incurred in seeking medical treatment, such as transportation, over the counter drugs, neck braces, and other such items. The injured is also entitled to compensation for the time lost from work.

The claimant will not automatically receive compensation for all these things, this where attorneys come in. First the claimant has to prove that if he or she was driving the car that he or she was insured. If the driver was driving someone else's car, it is okay as long as the car was insured. In some cases there are exclusions for the particular driver, it is not unusual for spouses to exclude each other to get lower insurance rates when one of them has a poor driving record or criminal convictions for driving under the influence of alcohol. Some drivers create fancy schemes to get the vehicle insured and be able to obtain registration as well. Among undocumented workers there are many unregistered vehicles and many schemes as well where the driver is often not the registered owner or insured.

What results when these drivers are uninsured is that they lose their right to what are called general damages. General damages in short means the right to compensation for the pain and suffering. Sometimes the injured party failed to pay on time and the insurance was canceled, sometimes the payment was lost, and sometimes they forget to pay or mailed payment to the wrong place. These are not viable excuses an attorney cannot fix these errors.

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Thursday, March 25, 2010

Assault & Battery - Criminal Law


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Each year there are over 800,000 assaults reported to local law enforcement agencies. Assault is typically defined as trying to strike an individual when the individual is aware of the danger being presented. A 'felonious' assault is an attack, or attempt to attack, through force, in order to cause physical injury to an individual. Even if the individual doesn't get hurt, but a weapon is involved, then it still falls under the category of a felony.

Assault & Battery is an incident where actual contact was made and resulted in the need for medical treatment. This is also a felony. The consequences of an assault crime can be imprisonment, probation, fines, anger management classes and more. The punishment usually has to do with the circumstances of the situation and the background of the offender. If the offender has a prior history of assault these punishments will most likely be inflated.

Not every instance of an assault crime is straight forward and clear-cut. For instance, an assault may have been committed due to self-defense or defending another person or property. This is why it is so important to hire a professional assault attorney. A qualified attorney will be able to complete an extensive investigation and use their professional expertise to help dismiss or minimize the sentence.

Assault & Battery - Criminal Law

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Connecticut DUI Attorney


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Connecticut DUI Law

In Connecticut, it is against the law to drive while under the influence of drugs or alcohol. This can be called DUI, DWI, or simply drunk driving. While these may seem like simple terms to understand, the DUI laws are actually very complex and difficult for someone who is not a legal professional to truly understand. If you have been arrested for a DUI offense, it is imperative that you contact a Connecticut DUI attorney as soon as possible after your arrest. A qualified Connecticut DUI lawyer will be able to review the facts of your case and put together the best possible defense.

Connecticut DUI Law

In Connecticut, there are two types of prosecution for DUI offenses. One is based on the accused being impaired while operating a motor vehicle. Prosecuting under this theory requires that it be proven that the accused was too impaired to safely and reasonably operate a motor vehicle at the time of arrest. Law enforcement officers and prosecutors can show this simply by demonstrating that the defendant was impaired in any way. Failure to complete sobriety tests successfully, the smell of alcohol on the defendant, a disheveled appearance of the defendant, or bad driving habits such as excessive braking, driving too slowly, speeding, or weaving and swerving. No blood alcohol concentration level needs to be proven for this type of prosecution. The second is based on blood chemistry; specifically that the defendant had a blood alcohol concentration level that exceeded the legal limit of 0.08%. The actual level of impairment of the defendant does not matter under this theory. The prosecution simply has to show that the defendant's blood alcohol concentration level was over the legal limit. Contacting a Connecticut DUI attorney immediately following your arrest will allow you the opportunity to put together the best defense possible.

Connecticut DMV Penalties

When you're arrested for driving under the influence, you not only face criminal charges and penalties, you also face administrative penalties through the Department of Motor Vehicles. When you are arrested for a DUI offense, the clock starts running on the day you are arrested. You will be notified that your driver's license will be suspended on the thirty-first day following your offense and given the opportunity to request a hearing. You will only be given 87 days to request the hearing, so it is important that you check your mail regularly and respond to all correspondence. Saying you did not get the notice does not mean that you will be given an extension or that your license suspension will not take effect. Make every effort to contact the DMV to request a hearing the day of your arrest or the day after your arrest if it took place at night. By contacting the DMV on the first day following your arrest, you'll give yourself a cushion of time in case the person you need to speak with is out of the office or you have trouble getting connected to the right department. If you wait until the last minute and experience any of these difficulties, you may miss the deadline to request a hearing. Hiring a Connecticut DUI lawyer immediately after your arrest means that your attorney can represent you in both the DMV proceedings and during your criminal case. A skilled Connecticut DUI attorney can help you to save your license while you await your criminal trial. The penalties imposed by the DMV depend on the level of offense and whether you refused to take a chemical test. Refusal to take a chemical test carries a 6 month suspension for one refusal, one year suspension for two refusals, and three year suspension for three refusals. Driving with a blood alcohol concentration of 0.02% or greater while under the legal drinking age of 21 will result in suspensions of 90 days for the first offense, 9 months for the second offense, and two years for the third offense. Adults who have submitted to a chemical test are grouped by blood alcohol content levels for penalty determination. Offenders with a blood alcohol level of 0.08% to 0.16% face a 90 day suspension for the first offense, 9 month suspension for the second offense, and a two year suspension for the third offense. Offenders with blood alcohol levels of 0.16% or higher face 120 days of suspension for the first offense, 10 months for the second offense, and two and a half years for a third offense.

Connecticut DUI Criminal Penalties

The criminal penalties for driving under the influence in Connecticut depend on a number of variables such as prior offenses and other circumstances. First offenses result in a one year suspension of the driver's license, 48 hours of mandatory jail time with another 6 months of jail time that can be suspended if the offender performs community service, and fines of $500 to $1,000. Second offenses are more serious and carry more serious consequences. Second offenses can carry penalties of a mandatory minimum of 120 days in jail with the remaining 6 months of jail time suspended for community service, three year license suspension, and $1,000 to $4,000 in fines. Third offenses carry penalties of one year of minimum mandatory jail time with the rest suspended for 100 hours of community services, fines of $2,000 to $8,000, and permanent license revocation. These penalties have the potential to make your life very difficult. Getting a job with a criminal record and no driver's license will be almost impossible; whatever job you are able to get may pay low wages or pay under the table. Hiring a Connecticut DUI lawyer is the only way you can get a chance to successfully defend yourself against a DUI charge and its life-altering consequences.

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Wednesday, March 24, 2010

California Work Injury Attorney - a Case Study Analysis - - A Scaffold Accident


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Seriously injured workers in California and their families need to understand California work injury law. In order to illustrate these points here is a workplace scaffold accident case study. The discussion includes a California workers compensation analysis and a California third party work injury liability analysis.

A Case Study - Scaffold Collapse Accident

Dizzy Scaffold, Inc. erected scaffolding so that work could be performed on an industrial tank. The scaffolding that was erected was a two-point suspension scaffold 15 - 25 feet above the ground. Employees of Coast and Turf Painting Co. were working on the scaffold when the scaffold attachment point failed, releasing the scaffold cables. The scaffold was not equipped with an independent attachment system and fell to the ground. Causing two painters to be severely injured.

One of the painters was not tied off independently, as a result he fell to the ground below suffering severe injuries, including brain damage, hip replacement, and multiple broken bones. The painter that was tied off suffered a severe elbow injury when his arm was caught in a cable.

Investigation:

An investigation of the scaffolding revealed:

1. Dizzy Scaffold, Inc. did not use scaffold tie backs as secondary anchorage on two-point suspension scaffolds. This is in violation of 29 CFR 1926.451(i)(4) and the equivalent CAL-OSHA section. 2. There were no employee lifelines to substantial members of the structure. Instead the lifelines were to the scaffold. This is in violation of 29 CFR 1926.451(i)(8) and the equivalent CAL-OSHA section. 3. They failed to use scaffold attachment components capable of sustaining four times the maximum load. This is in violation of 29 CFR 1926.451(i) (2) and the CAL-OSHA equivalent section.

California Workers Compensation Analysis:

The Coast and Turf Painting Co. employees were entitled to benefits under the California workers compensation system. The benefits were low - California has some of the lowest workers compensation benefits in America. And the workers were in a constant battle with the California workers compensation carrier over medical treatment. The workers compensation carrier continually used the Utilization Review Procedure to cut-off the workers medical treatment. Both workers and their families were further traumatized by California's unfair workers' compensation system.

After a couple of years enduring the unfair California workers' compensation system these workers and their families were barely making ends meet.

California Work Injury Lawsuit (Third Party Work Injury) Analysis:

The employees of Coast and Turf Painting Co. had a strong liability case against Dizzy Scaffold, Inc. The scaffolding structure was erected negligently and carelessly. The accident was caused by Dizzy Scaffold, Inc.'s failure to use scaffold tie backs as a secondary anchorage. They cut-corners by not rigging employee lifelines to substantial members of the structure.

Both workers were able to settle their third party work injury cases against Dizzy Scaffold, Inc. and they were able to keep their life-time medical the California Workers Compensation insurance carrier. The painter with the brain injury recovered seven figures and the painter with the elbow injury received a high six figure recovery. The only way these workers and their families survived economically was because they were able to successfully prosecute third party work injury lawsuits.

Disclaimer

The foregoing is a case study. It is not legal advice. Any resemblance to actual events, persons or companies is purely coincidental. I am simplistic in order to achieve clarity. Each case is different and has separate challenges, difficulties and/or nuances. There is no guarantee that your case will have a similar result as discussed in this case study.

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