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Posts by Tony

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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