Showing posts with label Insurance. Show all posts
Showing posts with label Insurance. Show all posts

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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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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Tuesday, March 23, 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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Sunday, March 14, 2010

New York DUI Attorney


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New York law makes it a crime for anyone to drive a motor vehicle under the influence of alcohol or drugs. This means that anyone who is arrested for and convicted of this type of offense can face serious criminal penalties as well as the loss of New York driving privileges. Because these penalties have the potential to seriously impact your quality of life in New York, it is important that you take advantage of the opportunity to consult with a qualified New York DUI law attorney. Having a skilled New York DUI lawyer on your team can help you to defend yourself against these serious DWI charges and may help you to save your driving privileges so you can move on with your life.

New York DUI Arrests

There are several circumstances under which you may be arrested for DWI. One is if you have dangerous driving patterns that pose a threat to others and you are stopped by a law enforcement official. Another way to be arrested for DUI is if you cause an accident and the officer believes alcohol was a factor in the accident. No matter why you were arrested for DWI, you will be facing serious criminal and administrative penalties. New York is one of the states where a DWI arrest will trigger two separate cases against you as a defendant. One is a criminal court case where you will face criminal charges for driving while intoxicated and a prosecutor will try to prove your guilt. The second is an administrative case that deals with the loss of your driving privileges in the state of New York. When you are arrested for a DWI offense, you can be prosecuted under one of two prosecution theories. One of the theories involves the common law definition of driving under the influence. In this type of case, the prosecutor will try to show that you were too impaired to drive because you consumed alcohol prior to operating your vehicle. The prosecutor will try to show that you were impaired by introducing evidence such as your driving habits, field sobriety test results, and information whether you appeared to be intoxicated. DWI charges can also result from submitting to chemical testing and producing a result of 0.08% or greater. In this type of case, the charges do not have to do with your ability to safely operate the vehicle. Even if you do not appear impaired at the time of your arrest, you can be charged with DWI if your chemical test reveals a failing result.

Hiring a qualified New York DUI attorney can help you in both types of cases. New York is unique because the law allows someone arrested for DWI to consult with a New York DUI attorney before making a decision about whether to submit to or refuse chemical testing. Having a skilled New York DUI lawyer on your side can help you to defend yourself against DWI charges as successfully as possible. If aggravating factors exist in your DWI case, you can be charged with a more severe offense and face harsher criminal penalties. A DWI case can be aggravated for several reasons including having a BAC of 0.15% or greater, causing a traffic accident, fleeing the scene of a DWI accident, or refusing to submit to chemical testing.

DWI Criminal Penalties in New York

The penalties you face if convicted of a DWI will depend on how the DWI was charged and whether you have any prior convictions on your record. You can be charged with a misdemeanor or a felony depending on the circumstances. A first offense DWI in New York is charged as a misdemeanor. You will be charged with a felony DWI if you have a prior conviction within ten years of your arrest. Driving while impaired by alcohol is not a criminal offense in New York. It is considered a traffic infraction, so you will not get a criminal record if arrested for this offense. The penalties for a first offense for driving while impaired by alcohol are fines of $300 to $500 and up to 15 days in jail. However, having two or more prior convictions changes the offense to a misdemeanor criminal offense. The penalties are a fine of $750 to $1,500 and up to 180 days in jail. If there are no prior convictions, you will face a 90 day license suspension. If you have had a prior conviction, the suspension period is six months. Driving while intoxicated is the charge that is commonly filed when someone is arrested for DWI. This is a misdemeanor offense and will result in giving you a criminal record if convicted. The penalties can include fines of $500 to $1,000, license revocation of 6 months, and no more than one year in prison. A felony DUI offense is charged when someone has been convicted of a misdemeanor DWI. The penalties for this offense increase to a minimum fine of $1,000 and a maximum of $5,000. You may face jail time of 1.3 to 4 years and probation of 5 years. Because the penalties for a misdemeanor DWI and a felony DWI are so severe, they can result in a lower quality if life and negative impact on your previously good reputation. Because this can change your whole life, it is imperative that you work with a New York DUI attorney so you have the best chance of obtaining a successful outcome during your case.

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Tuesday, March 9, 2010

Criminal Defense Attorney - Drug Charges


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Are you having some problems with drugs? Have you been arrested lately for selling, using, trafficking, possessing or even manufacturing marijuana or some other type of controlled substance? Have you answered yes to this question? If so, then you are in need of a criminal defense attorney who has specialized in drug related charges.If you have been arrested, you are going to have to see a judge for your charges. If you are to show up in court in front of a judge without being represented by an attorney, you are not making a wise decision. What could happen is you could end up when all is said and done with a felony conviction. You will not want to have this felony on your record for the future. Drug laws will vary from state to state. What you are going to want to have is a criminal defense attorney who practices law in the state or area that your offense has taken place. You are going to want to find a criminal defense attorney who will take your case is going to be the key to having a chance of beating or even reducing the charges altogether.

A Marijuana Charge

What you are going to find is a criminal defense attorney can help you with a marijuana charge. The public defender is not going to be able to help you like a criminal defense attorney can. The public defender will not put up an adequate defense to make it positive for the offender. Some states allow marijuana being legal to some extent, such as the use of medical marijuana. The public defender will tell you to plead guilty to make the charge just go away. If you have a criminal defense attorney you can easily get the first charge lowered to a misdemeanor. You have to remember the criminal defense attorney get a retainer from you, so they are working for you. Compared to the public defender, who get nothing monetary from you, they have no reason to find or work for the lightest sentence or charge possible. They are looking for the easy way out at your expense.Your first offense for marijuana is usually a misdemeanor and you could get a couple of hunderd dollar fine. What happens if you are caught again and you don't use a criminal defense attorney? You may have a felony on your record, and the possibility of up to 3 years in jail. By using a criminal defense attorney, can help you avoid the jail time all together.

What Does a Felony Do to Your Future

You do not want to have a felony drug charge on your record if you can avoid it. This can effect you for a long time to come. Did you know that you are not allowed to vote, if you are convicted of a felony. This right is taken away from you because of the felony.When you are job hunting, most employers will do a background check, and when they see the felony charge, you may have some trouble getting that job that you want.Here is another thing that you may not know about felony charges. If you receive a drug charge, you will not be able to receive a government grant or even fiancial aid for school. What a criminal defense attorney can do for you is to get you the best possible results if you have been suspected of some type of drug charge. Just make sure you do your checking on them, when you are thinking about hiring or retaining a criminal defense attorney.For more information on this topic as well as other attorney related topics visit: Attorneys

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