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Hook up to Drugs and Ruin Your Life . . . or Don’t

Posted by on Apr 2, 2017 in Drug Laws | 0 comments

Every year, the U.S. Drug Enforcement Agency (DEA) makes 30,000 arrests due to drug-related crimes. Despite these arrests and the untiring surveillance and operation of law enforcement agencies to catch criminals and rid the streets of illegal drugs, which include marijuana, cocaine, heroin, and 3, 4-methylenedioxymethamphetamine (MDMA), otherwise known as Ecstasy, are still significant problems in the country.

Drug-related activities, which include manufacture, marketing, distribution, possession or use of illegal drugs and drug-related paraphernalia, are considered a major offense in the U.S. Getting charged with any of the said activities can be punished with a jail term and costly fines; worse it can leave a mark on an offender’s record, a mark that can ruin his/her career and entail lots of limits and inconveniences, including restrictions on international travel, unfavorable results on issues of child custody and visitation rights in a divorce case, failure to land on certain kinds of jobs, and difficulty in finding a decent place to live in, qualifying for financial aid for college or obtaining a professional license.

Illegal drugs have a high potential for abuse. One example is cocaine, which has been classified by the US Controlled Substances Act (CSA) as a Schedule II drug. Cocaine also happens to be the second most widely used illegal drug in the U.S.; the first is marijuana or cannabis. (The CSA, which is Title II of the Comprehensive Drug Abuse Prevention and Control Act, is a federal drug policy that was signed into law by the US Congress in 1970; its aim is to regulate the importation, manufacture, possession, distribution and use of different substances.)

Anyone can be arrested and charged with a drug crime if he/she:

  • is found in possession of an illegal drug without a prescription;
  • gives his/her prescription drugs to someone else and this other person is harmed due to a bad reaction of the drug;
  • is found guilty of drug trafficking, which involves the selling of pills to someone else;
  • forges or alters a prescription or steals blank prescription forms; or,
  • drives while under the influence of a prescription or illegal drug.

With regard to drug-related activities, the law firm Truslow & Truslow reiterates that
“No matter the offense, criminal charges at any level should be taken seriously. You can expect to encounter serious prejudices in your life if you’re convicted of certain criminal offenses. If you have been charged with, or are under investigation for a crime, then you should contact a criminal defense attorney immediately.”

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Sexual Assault

Posted by on Jan 7, 2017 in Sexual Crimes | 0 comments

In 1996, the United States Congress passed Megan’s Law as a response to the 1994 sexual crime committed against a seven-year-old girl, who was raped and killed by her neighbor. Megan’s Law is a federal mandate that requires law enforcement agencies to make public any relevant information about sex offenders visiting, living and working in their communities; information, which can include an offender’s photo, name, residential address, nature of crime and incarceration date, may be posted in free public websites or published in newspapers and pamphlets.

Sexual offenders, especially those whose victims are children, are also legally required to inform local law enforcement authorities regarding changes in their address or employment after their release from custody. This can be for 10 years or permanently. Most states consider failure to make this notification a felony offense.

There are many other federal laws in the U.S. which are direct responses to sex crimes committed against children; there are the Adam Walsh Child Protection and Safety Act of 2006, the Violent Crime Control and Law Enforcement Act of 1994, and the Sexual Offender Act of 1994 (this is Megan’s Law is known at the federal level).

The most common sex-related crimes against children are statutory rape, which refers to an adult engaging in consensual sex with a minor or with someone who is under the age of consent, child molestation or indecency with a child, aggravated sexual assault, Internet sex crime, sexual assault of a child, solicitation, and possession and distribution of child pornography.

Many victims of sexual assault either do not immediately report the crime committed against them or never report being abused at all. Though it is a good thing that this nation’s justice system is resolute in catching and punishing sex offenders due to the very damaging effects of their crime, it cannot be denied that while many of those convicted are guilty, many are also accused and made to suffer despite being innocent of the crime they are accused of.

Facing sex crime charges requires only the best defense from a determined criminal defense lawyer. It is either a possible acquittal or a totally ruined present and future life due to a conviction.

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What Are The Available Damages In A Defamation Case?

Posted by on Oct 19, 2016 in Defamation | 0 comments

False statements can be damaging to the name and reputation of a person. Whether slander or libel, the defendant can be sued even if there was no harm or injury involved. Charleston defamation attorneys of Clawson and Staubes will tell you that even the Internet and cellular communication can be a source of defamatory remarks. If your name or reputation was hurt by false statements, you are eligible to collect damages.

In defamation, there are actually three types of damages that you can recover. Actual Damages are compensatory damages designed to help the plaintiff restore their rightful position which they should have had if not for the defamatory remark. These types of damages may include lost wages or earning capacity, medical expenses, shame, mortification, and others.

Assumed or presumed damages result from the publication of the defamatory remark. Even if the actual damages are not proven, there is always an assumption that the plaintiff experienced harm to their reputation or suffered shame, mortification, or hurt feeling. However, assumed damages are not available for slander.

Punitive Damages

Like in any other case, punitive damages in defamation is are designed to punish the defendant for their egregious conduct in order to prevent similar actions from happening in the future. In order to receive punitive damages, the plaintiff should prove that the action of the defendant involved malice or fraud.

The availability of damages will depend on the type of defamation involved in the case. For instance, assumed damages are available in libel but not in slander cases. In defamation per se, assumed damages can be recovered. Here, the statement is without a doubt defamatory. Defamation per quod requires the plaintiff to explain why the statement under question is defamatory. This commonly happens in statements that are inducements or innuendos. In defamation per quod, the plaintiff needs to prove actual damages.

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Types of Car Insurance Coverage

Posted by on Aug 6, 2016 in car insurance, Uncategorized | 0 comments

While maintaining the minimum level of auto insurance is required by all states, it may not be enough to pay for all the expenses you may incur during an accident. Determining the right insurance is much easier given the plethora of companies offering insurance policies. The website of Zavodnick, Zavodnick & Lasky, LLC, reveals that there are several types of auto insurance that a driver can choose from.

So what coverage can you get from the most common types of auto insurance? Here we will take a look at the different kinds of car insurance:

Liability Insurance. This type of car insurance covers bodily injuries and property damage. It will shoulder the other party’s medical bills and vehicle repairs. However, it does not offer protection for you and your passengers if you are injured or your vehicle is damage caused by the wreck.

Collision. This type of coverage will shoulder the repair and replacement of your vehicle after an accident. It also covers damage from colliding with an object or an accident that does not involve any object. Although collision coverage is not required in most states, financing companies might require it for those who have a loan or lease. It cannot usually be purchased without comprehensive coverage.

Comprehensive. This type of policy offers protection against certain types of damage not resulting from accidents, such as theft, falling object, or natural disasters.

Personal Injury Protection (PIP. Often called “no-fault” insurance, personal injury protection shoulders the medical expenses that you can incur regardless of who is fault. It also covers everyone who is listed on your policy, members of your household, and passengers.

Auto Medical Payments. This is similar to PIP but has a limited scope. It provides coverage for accident-related medical expenses for you, your passengers, household members, and other policyholders. It can be an excellent supplement for health insurance and can be an effective replacement for those who do not have one.

Uninsured/Underinsured Motorist Coverage. This type of policy provides coverage for those who has no insurance policy or inadequate coverage. It can shoulder medical bills and car repairs.

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How to possibly recover damages after being injured in a private property?

Posted by on Mar 28, 2016 in Personal Injury | 0 comments

Due to expensive hospitalizations and follow up treatments, a lot of people have been injured in accidents are left with hefty financial burden. However, injured individuals might consider filing for a claim if negligent property owners can be held liable for their injuries.

Like personal injury, “premises liability” heavily rely on someone else’ negligence. An individual filing for a premises liability claim should prove that a property owner or a property management became negligent and such negligence resulted to his or her injuries. There are many types of personal injuries that can be considered as a premises liability.

Individuals who have suffered slip and fall injuries in privately-owned properties may file a premises liability claim. Accidents are likely to happen in places like amusement parks, zoos, hotels, resorts and even to someone else’s neighbor. Individuals are likely to suffer injuries if a property owner or its management deliberately or negligently failed to maintain safety around the premises. Property owners and the management are required to make sure that their guests or visitors are safe while inside the premises. For example, a hotel owner or its management can be sued for premises liability if a person suffer serious injuries while using the hotel’s elevator or escalator. Elevator and escalator accidents at some point can be catastrophic and it is often caused by poor maintenance the lawyers of the Clawson & Staubes, LLC: Injury Group said. Individuals may suffer from injuries like burns, dog bites, head injuries, broken bones, and water-related injuries from a poorly-maintained property.

A person can also file a premises liability claim if he or she had been attacked or assaulted by other persons as a result of a criminal activity taking place inside the property. Owners and operators of bars, nightclubs, restaurants, and shopping malls are required to make sure that patrons or customers are safe by employing security personnel and having sufficient lighting systems. Working with a lawyer is important for injured individuals as pursuing compensations after being injured from a hazardous property can be difficult as plaintiffs should prove that the property owner is aware that his or her property is indeed not safe for other people.

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Taking Action After A Wrongful Death

Posted by on Oct 27, 2015 in Personal Injury | 0 comments

To lose somebody is difficult to handle and deal with, but losing  someone who is the principal supplier of the homecan be quite damaging in so many ways. Fortunately, you can find regulations that let the deceased estate file for wrongful death claims and survival action claims. As stated by the Crowe & Mulvey, LLP website, there are certain distinctions between both claims, also it’s vital to understand these variations so that you can know which legal action to move with.

Whilst wrongful death claims are created to provide compensation for damages to the deceased estate set off from the passing, a survival action may claim for damages and additional injuries the victim experienced before their death, in which the victim would have attacked should they’ve resided. A survival action claim can be submitted when the victim did not immediately die after the mishap, and during that time that was certain span could incur extra expenses, as well as emotional and physical discomfort and further media cal bills. When these scenarios happen, the deceased person’s property may file for the equally wrongful-death claim and success action claim. This may help them recover any damages which were received prior to the victim’s death as a result of another party’s negligent or inappropriate act.

Wrongful death laws and survival action laws can differ from every express. Moreover, it’s important to ascertain who has got the privilege to record the statements, understand the entire process of making someone symbolize the dead person’ property, along with the possible damages which may be given in the claim. The financial compensation awarded by the court may ease the financial burden of losing and provide justice to the situation even though it might not restore the life of the victim.

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Home Health Care for Seniors

Posted by on Jul 24, 2015 in Nursing Home Issues | 0 comments

Because of the rise of personal injury claims against staff of many nursing home facilities, many are considering of alternatives to nursing homes that can still provide proper care to their aging family member. One option that can be a good alternative is the home health care. This is a type of care that covers a number of medical and personal services that can provided at home to an elder or senior who is partially or fully dependent. It is a sufficient and affordable home care system that can provide physical help to elders around the home, from the basic bathing to getting meals, exercising, and even monitoring of chronic health conditions.

Home care and other supplemental services can offer a number of assistances to elders, such as health care (rehabilitation and physical therapy, medication, nursing, etc), nutrition (cooking, meal deliveries, and meal planning, among others), personal care (aid in performing personal hygiene, dressing, bathing, exercise), homemaking (house repairs, shopping, housekeeping), and social and safety needs (companions, transportation and escort services, etc). It is important to understand that home health care is not for everyone, since some seniors may require tight monitoring or further extensive medical treatment.

If the elder needs medical or nursing care, it is important to find a home care agency that is approved by Medicare and the state you live in. Seeking certified agencies to provide medical and nursing care would ensure that the service is at its utmost standard, and to avoid abuse and neglect from people who are not qualified to provide such services. Those who need at home health care often seek help with their daily activities rather than nursing or medical care. Activities of daily living (ADLs) such as getting out of bed, cooking, eating, bathing, walking around, and others is best suited for home health care services because families have better control on the care they receive.

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Types of the Deadly Mesothelioma

Posted by on Jun 25, 2015 in Dangerous Products | 0 comments

Every year, about 2,000-3,000 individuals in the US are diagnosed with the deadly, chronic cancer mesothelioma. Mesothelioma affects the tissues or membrane lining of the lungs and abdominal organs, or the sacs the surround the heart and the testis. It has four known types, namely:

  • Pleural Mesothelioma – This is the most common type of mesothelioma and it develops along the pleura, which is the membrane lining of the lungs. Some of the symptoms of pleural mesothelioma include shortness of breath, fatigue, persistent chest pain, night sweats, difficulty in swallowing, and fever.
  • Peritoneal Mesothelioma – This cancer develops along the mesothelial lining of the abdomen. The symptoms associated with this deadly cancer include abdominal swelling, abdominal pain, weight loss, fatigue, nausea or vomiting, and diarrhea.
  • Pericardial Mesothelioma – This type of mesothelioma affects the outer heart covering, called the pericardium. This is the rarest, yet the most dangerous among the four types due to its nearness to the heart. Its symptoms include are chest pain, breathing difficulty, irregular heartbeat, fatigue, coughing, fever and night sweats.
  • Testicular Mesothelioma – This develops along the testis or the lining of the male’s reproductive glands. Growth of testicular lumps and swelling of the scrotum and are the major signs of this cancer.

The only known cause of mesothelioma is asbestos, a fibrous mineral that releases sharp, tiny fibers which imbed themselves in an organ’s linings when inhaled. This deadly effect of asbestos, however, do not become manifest until about 40 years or more after exposure to the mineral. Thus, by the time it becomes detectable, mesothelioma would already have developed to a stage that no longer makes treatment possible, making it, therefore, an incurable disease.

According to the website of Williams Kherkher’s mesothelioma lawyers, the wide use of Asbestos occurred from 1930 to 1970, but most especially during the Second World War. During this time, 4.3 million workers, in shipyards alone, were exposed to thousands of tons of asbestos from the building of war ships and making of ship equipment, like steam turbines, steam engines, insulate piping and boilers. The US Navy itself had a great number of its enlisted personnel building ships and getting exposed to asbestos as well.

Today, asbestos is no longer just found in factories, mines, construction sites, shipyards, etc. Many offices and homes have furniture and so many other products that have, as component, elastic and heat-resistant asbestos. Roofing shingles, fireplace cement, bricks, automobile parts, lawn furniture, flooring materials and, some say even hair dryers and toasters, are just a few of these products.

About 45,000 Americans have already died due to mesothelioma since 1979. Some medical and government authorities say, though, that the number of mesothelioma cases is yet to reach its peak in 2016.

Many companies, which caused their workers to get exposed to asbestos, have already closed after declaring bankruptcy. This, however, should not discourage victims from seeking compensation as funds have been available, especially after these companies were required by law to set up Mesothelioma Compensation Trust Funds for the purpose of paying asbestos victims the compensation they may be legally entitled to.

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Schedules of Controlled Substances

Posted by on Mar 9, 2015 in Drug Laws | 0 comments

Controlled substances are drugs in which their possession and manufacture are regulated by the government. There are five levels of controllable substances, referred to as schedules, and they are characterized by their risk factors. Factors that determine a drugs schedule include if they are approved in the United States, potential for abuse, and if they will lead to a dependency. From schedule one to five, the drugs increase in risk level.

Substances under schedule one have no federally approved use in the United States, high potential for abuse, and high potential for the user to develop a dependency. Examples of schedule one drugs are heroin, LSD, and marijuana. Drugs under level two can be medically prescribed, however can still be abused and cause dependency. Schedule two drugs fall under one of two subdivisions, 2 or 2N, and are typically stimulants or depressants. Such drugs are amphetamine, methamphetamine, or hydromorphine.

Third schedule drugs have less potential for abuse, and their make-up presents a lack of or decrease in narcotics. Typically, schedule three drugs are defined by products that have less amounts of codeine. Schedules four and five each have lesser potential for abuse than schedule three, and are commonly prescribed by a doctor or taken over the counter.

While some controlled substances are legal and prescribed, others are illegal. If a person is discovered to possess or use a schedule one drug, in some cases, the action can be charged as a felony. Waukesha Criminal Defense Lawyers know how much anyone in this situation usually needs help; serious attention should be directed to anyone using drugs that are categorized as Schedule I. The high penalties for being convicted of crimes with Schedule I drugs make a good defense important.

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Nursing Home Abuse

Posted by on Feb 15, 2015 in Nursing Home Issues | 0 comments

The baby boomer generation is causing the average age of the United States population to rise. The number of old adults, or people age 65 and older, is growing exponentially. Currently there are over 42 million senior citizens in the United States and this number is projected to more than double by 2060. Because of this, the necessity for nursing home facilities is also growing and becoming an imperative need.

The average cost of care and residency for one year within a nursing home is $87,600. This cost generally includes medical expenses, boarding, and the fulfillment of basic needs by experienced staffers. Unfortunately, many for-profit nursing homes are more focused on potential profit than the care of their residents. This kind of negligence can become a pattern than progresses to abuse of the elderly clients.

According to the website of Pohl & Berk, LLP, between one and two million adults over the age of 65 are mistreated in nursing home or assisted living facilities annually. There are some reports that the rate is even as high as one in three residents being abused. However, the age and mental health of the patients causes many of these cases to go unreported.

Abuse is the willful intent to harm someone that results in physical or mental anguish. There are three main types of nursing home abuse: physical, emotional, and financial. The reported cases of abuse range from bed sores to bankruptcy to death. Fifty percent of abuse is willfully implemented by nursing home staff and another 25 percent is inflicted from resident-to-resident from lack of supervision.

It is important that the staff and management of these facilities are accountable for the neglect or abuse that afflicts these adults. If you believed that your loved one is a recipient of abuse at a nursing home or assisted living facility, contact an attorney in your area to discuss your legal options.

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