Orange County Criminal Defense

24Aug10

Domestic violence refers to abuse that occurs between married spouses, cohabitating partners, people who are dating, former dating partners, former cohabitants, and former spouses. It also can refer to various types of abuse beyond physical abuse, including threats, verbal abuse, stalking, unwanted sexual touching, destroying property, child abuse, and child endangerment.

Domestic Violence Statutes

There are two principal domestic violence statutes in California—Penal Code Section 273.5 and Penal Code Section 243(e)(1). Section 273.5 is a “wobbler” offense, which means that the prosecutor can file this charge as a felony or as a misdemeanor. In general, felony convictions carry the potential punishment of state imprisonment, whereas misdemeanor convictions carry the potential penalty of time in county jail. Individuals who are convicted also can be fined up to $6,000.

This statute makes it unlawful for any person to willfully inflict bodily injury resulting in a “traumatic condition” upon a “spouse, former spouse, cohabitant, former cohabitant, or the mother or father of [the person's] child.” Section 273.5′s impact is far-reaching because the resulting injury does not have to be external and serious, since a “traumatic condition” can include injuries that are internal and minor in nature.  Consult an Orange Country criminal law firm for additional information.

Section 243(e)(1) is a separate domestic violence statute prohibiting the battery of a spouse, cohabitant, and former or present dating partner. A person convicted under this statute faces a potential penalty of up to $2,000 in fines, imprisonment in county jail for up to one year, or by both fines and imprisonment.

Other Potential Penalties

Additional consequences of a domestic violence conviction can include having to complete a batterer’s counseling program, taking anger management classes, having a restraining order or protective order issued against you, and possible deportation if you are a not a U.S. citizen. Criminal convictions also appear on the convicted individual’s criminal record, making it difficult to obtain employment.

Filed under: Criminal Law   |  2 Comments
Tags: criminal defense attorney, criminal law firms, criminal lawyer

Insurance company tactics to avoid accountability

23Aug10

The main goal of the insurance company is to resolve the conflict caused by an accident as quickly and cost-effectively as possible. This can mean taking advantage of you when you are most vulnerable.

Car accident lawyer in Saint Petersburg can help you combat the following insurance company tactics:

• Denial of fault: The insurance company denies the accident was the fault of its policyholder.  Company representatives vigorously oppose any claim you make.
• Persuade you to sign a release: Immediately after a car accident, the insurance company attempts to convince you to sign a release, providing it access to your medical records. Hiring a Saint Petersburg car accident lawyer right after your accident can help protect you in your weakened state. The insurance company may also coerce you into giving a statement or ask you about the extent of your injuries.
• Low-ball settlement: The insurance company offers the lowest possible settlement in hopes of closing the case quickly.
• Delay in giving you money: By prolonging your payment, the insurance company hopes that you become desperate and decide to accept the initial low-ball offer.

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Experience in a variety of employee-employer disputes

18Aug10

You will find an employment attorney’s firm most valuable if it has significant experience handing a broad range of employment issues in San Diego’s diverse economy.  The Law Offices of Paul D. Jackson has decades of experience helping San Diego employees deal with employment issues such as:

Discrimination based on sex, age, race, national origin, sexual orientation or pregnancy:  An employee can be a plaintiff or defendant in many types of discrimination cases.  The sheer complexity and unfolding nature of discrimination laws mean that there are many employment attorneys in San Diego who claim expertise in this area. The Law Offices of Paul D. Jackson has experience in nuanced issues such as the following:

• Defining the difference between harassment and discrimination whether based on age, race, national origin, gender or orientation
• How the burden of pursuing a claim falls on the victim
• What the employer’s responsibilities are in preventing, investigating, and remedying charges
• Valid and invalid defenses to charges
• Statutes of limitation and other deadlines for filing claims
• Proof of client’s claims despite a lack of hard evidence
• Calculating appropriate damages

Wage and hour law or other labor code violations:  Employee’s rights to compensation in the form of wages, benefits, overtime, vacation, bonuses, and tips are all subject to legal definition as are the issues surrounding lunch and rest breaks, pay periods, the timely receipt of final pay, expense reimbursements, travel and exempt status.

Wrongful termination, wrongful demotion and failures to hire or promote:  Adverse employment actions such as these are illegal if they are based on an employee’s membership in a protected class. There are many protected classes based on factors such as age, race, and sex as well as an employee’s insisting that the employer comply with the law, whistle-blowing, the filing of workers’ compensation claims, etc.

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Tags: employment attorney, employment lawyer

NC automobile accident attorneys

12Aug10

Since the inception of the firm in 1994, Auger & Auger has represented auto accident victims in Charlotte and throughout North Carolina.  During this time, our attorneys have become familiar with the local court representatives and the procedures necessary to settle your case efficiently.

With more than 35 years combined experience, the NC automobile accident lawyers of Auger & Auger have earned the respect of our peers and the judiciary.  With three offices in Charlotte, and satellite locations throughout the state, we offer solid representation for all of North Carolina.

An automobile accident attorney in NC guides you through the process

Our NC auto accident lawyers can begin helping injury victims as soon as an accident occurs.  We collect evidence, prevent errors, and offer you the advice you need to make an educated decision on how to proceed.

When necessary, we utilize our working relationships with the following experts and have them testify as to the facts in your case:

• Accident reconstructionists
• Accountants
• Doctors
• Physical therapists

After an auto accident injury, you need representation you can count on.  Auger & Auger has numerous locations in Charlotte and throughout North Carolina to serve you.  You can schedule a free consultation at any of our offices, or our lawyers can come to you.

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Tags: Auto Accident, car accident

Have I Been Raped?

21May10

I see a lot of rape cases where the young woman believes she was raped. But she may only remember bits of the event because she was drinking heavily. Sometimes she believes her drink may have been doctored or spiked.

Here’s the problem. Most people don’t know about alcoholic blackouts. You drink heavily, party hardy, and while no one can tell you’re in a blackout, all that means is you simply don’t remember everything that happened the next morning.

A person watching you might think you were having a great time, or even drinking too much, but does that mean you didn’t have the capacity to consent, or that you simply don’t remember that you gave consent? There’s a world of difference between these two, one involves criminal behavior and one may not. But it may be charged as rape because the woman doesn’t believe she would have behaved that way and since she doesn’t remember the consent part, she believes she was raped.

I successfully defended a perfectly nice young man who was in this situation. Had he been convicted, he would have spent 15 years in prison…as a rapist. Hard time. Since the jury believed the perfectly nice woman simply didn’t remember giving consent, he now has a successful career. But she may never be sure, because she was drinking so much. A bad place to be.

Alcoholic blackout is not the same as being passed out. But the effect on the brain is similar, or the effect on the memory seems to be the same.

Being raped is a horrible thing. A woman should never put herself in the position where she is raped because of her drinking, or thinks she was because she doesn’t remember. Both are terrible and can leave the woman feeling victimized and humiliated.

The effect of these laws which charge the guy for rape in these situations means guys now seem to be responsible for women’s drinking. A women should always be responsible for her own drinking. Whether it means she always has someone with her when she drinks, or never leaves a drink unattended, this is the new challenge for drinking women, and men. A word to the wise.

Courtsey of Kay Sunday – San Diego Felony Law Firms

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What to Bring When You Meet the Attorney

23Mar10

Be prepared for your Alabama accident attorney

Your initial consultation with an accident attorney in Alabama will most likely be complimentary.  This is your opportunity to ask all your questions regarding your accident, including whether you have a viable case worth pursuing.

To help your prospective lawyer, be sure to bring the following:

• Names and addresses of the other parties involved in the accident
• Names and addresses of any witnesses
• The name and badge number of the police officer who made a report
• A copy of the filed police report
• Copies of all your medical bills resulting from accident-related injuries
• Copies of any other accident-related bills, such as property damage
• Photos of the accident scene and your vehicle, if appropriate
• Your notes about the accident, including how you felt
• Any other recollections about the accident

Your Alabama accident attorney needs to know as much as possible about the accident and the conditions surrounding it.

Accident attorneys in Alabama know the worth of your claim

Do not bring preconceived notions about how much money you think the party who harmed you owes you.  Accident attorneys in Alabama are in the best position to place a value on your claim based on their experience and evaluation of the documents you provide.  Whether you have been involved in a motor vehicle accident, products liability, or premises liability incident, Alabama accident attorneys can advise you on how you will work together to prove negligence and pursue just and fair compensation for your damages.

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Tags: Add new tag, Alabama, Damages, Lawyer, Negligence, Police officer, Premises, Product liability, Traffic collision

Are You at Risk for Mesothelioma?

16Mar10

While most people are exposed to asbestos at some point in their lives, asbestos in the workplace greatly increases your risk of developing mesothelioma.  Asbestos is often found in factories, construction sites, mines, and mills as well as in homes and schools.  Those who work with insulation, asbestos textiles, and brakes also risk exposure, as do building renovators and firefighters.  Family members of employees exposed to asbestos also stand a greater chance of developing an asbestos-related condition.

Image by Asbestorama via Flickr

Federal regulations are in place to restrict use of asbestos. The U.S. Occupational Safety and Health Administration (OSHA) set restrictions in Section 5(a)(1) of the OSH Act requiring employers to provide a workplace environment “free from recognized hazards that are causing or are likely to cause death or serious physical harm.”

But you may have been exposed before the federal government enacted these laws. Symptoms of Florida mesothelioma often do not appear until years or even decades after exposure. In addition, many of these symptoms can be confused with those of other illnesses.

How do you know if you are at risk?

If you suffer from any of these symptoms, seek immediate medical attention.

• Shortness of breath
• Weight loss
• Pain in the chest
• Abdominal pain
• Abdoinal swelling

• Anemia
• Bowel obstruction
• Abnormal blood clotting
• Fever
• Neck and face swelling

If you are then diagnosed with a form of mesothelioma, know that you are entitled by law to compensation for your damages, including medical expenses, loss of income, and pain and suffering. You may even be entitled to punitive damages.

Because mesothelioma law is so specialized, you should seek legal counsel from a law firm with proven experience in these cases.

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Tags: Add new tag, Asbestos, Mesothelioma

Sexual Addiction

08Mar10

Addiction is the compulsive activity and overwhelming involvement with a specific activity.  It can be a psychological dependence or physical. We all know the physical ones such as alcohol and drugs.  We deal with physical dependence, tolerance, and withdrawal.  We are all familiar with the so called cures, i.e. cold turkey, abstinence, psychological counseling or rehabilitations.  Does sexual addiction fit these parameters or definitions?  Clearly the answer is no, however, the media has now coined the term of “sexual addiction.”  Does it really fit the image of a druggie doper, pot head, and chain smoker or strung out pill popper?   I suggest the inpatient disease “SEXUAL ADDICTION” is just not legitimate. It is a made up term for the celebrity obsessed media to either create sympathy for the victim, usually the wife, or as the case may be for Tiger Woods or John Edwards, for the alleged culprit themselves.  The term was created for alleged sexual misconduct of only the very wealthy married celebrities in order to sell news papers or TV time.  Think about it, have you ever heard of a poor, single, common person who has had multiple sex partners going to rehab or being diagnosed a “sex addict?” I guess those people have to take cold showers.
“Sexual addiction” is a make believe term, used to excuse celebrities and permit them to seek out a sham facility and then renter their celebrated status, now cured.  Then they can go back to their wives.    Wives, by the way, not spouses.  Because if the insatiable appetite of sexual promiscuity was in the form of a woman, she would be a nymphomaniac and would not have to go to a rehab but would actually be sought after by men, usually married men who only wished their wives would be so horny. Interestingly enough, a single non married man similarly never has to go to rehab or is smeared with the phony term of sex addict.  Rather they are the Errol Flynn’s, the Don Juan’s, the envy of all. This term of sexual addict seems to cover only married men who need rehab for their wives. Frankly it is a feminist term of art designed to protect the sanctity of marriage.   Because apparently it’s not an addiction if are not married your just a very lucky horny bachelor. The sexual addiction is just a cover-up for religious mores and marriage.

Take for example, masturbation. Every pre teenager masturbates as much as they can get away with, even after they sometimes get married. It’s considered normal by the medical and psychological profession, but certainly not to the religious sects.  Do we have masturbation clinics for excessive masturbation of teenagers or very horny adults? Are they masturbation addicts?   Of course not, they are healthy normal adults exercising a sexual release.  Do honeymooners who are up in their rooms all day and night need sex rehab clinics?   No, all they need is a few yrs of humdrum sex and then when they go outside of the marriage for sex they are called adulterers.  Of course, if they’re wealthy enough to do a Tiger or Edwards they are “sex addicts.”   Deep down and not discussed openly however, is that very likely, they are the envy of every full blooded sexually active male.  The difference of understanding addiction is … self indulgence versus self destructive…indulgence without destruction is not addiction.  Seek a New York City divorce attorney if you need help with addiction and need assistance.

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The High Cost of Driving Without Insurance

25Feb10

There are several reasons why it is a very bad idea to drive without proper motor insurance. First and foremost, it is illegal; if you drive without insurance you are liable to an IN10 ‘Driving with no insurance’ penalty.

It may seem like a good idea at the time to save yourself a considerable about money by failing to take out insurance cover for your vehicle. You may of course drive around for a long period without being involved in any kind of accident or being stopped by the police. However, it is certain that in the end, one of these two things will definitely happen.

The idea of car insurance is that you take out a policy, and hopefully you will never need it. Therefore, it may seem like a waste of money, but car insurance is there to protect you and others, should you be involved in a minor or serious accident.

So you may be lucky and drive around for let’s say two years without ever having even a near miss. But then, you get involved in a minor bump. You will now need a mobile county insurance defense attorney.

The IN10 can result in 6 to 8 penalty points and/or a ban from driving, and in addition a fine of up to £5,000. If you already have points on your license, you could receive an automatic ban. Once you have been convicted of an IN10, it can then be extremely difficult to find any insurance cover. In addition, even if you do, it will certainly come with a very high premium. This is because insurance companies regard driving without insurance on a similar level to drunk driving. As the results of both of these offenses, tend to cause injuries to other people and property. As such, this is considered highly inappropriate action that is heavily penalized by insurance companies.

Moreover, of course, if you have damaged another vehicle property, it is likely that you will be facing a civil suit for damages. If you cause an injury to another person, while driving without insurance, you could face serious criminal charges. For which you will have no insurance cover to pay for your legal costs. Don’t forget, that addition to all of the above, you have no insurance for your own vehicle. Therefore, there will be nobody to pay for the repairs, or if it’s written off, to replace it with a new car.

In addition, even if you do get away with driving an extended period, without incident, the insurance company will want to know why there is a gap in your insurance record. You could of course lie and say that you have not been driving. Again, this is a huge risk as if you make any false statements on your application. Insurance company will not pay out if you have an accident. If you are driving without insurance, it is more likely that you will actually have an accident, as you are liable to be permanently looking in the mirror to see if there is a police car behind you. The police do not legally have to catch you driving to prove that you are committing an offense. They merely have to prove that the vehicle itself has been used on a public road without proper insurance cover.

The Crown Prosecution Service, does not have to prove in any way that you were driving the vehicle. Only that the vehicle is or has been ‘in use’. There is no legal defense that allows you to claim they you were unaware that you need insurance, or that you posted of your payment, but never received the documents. Or any other claim to indicate that not having insurance was somehow an oversight is not permissible in law.

In the end, driving without insurance will definitely cost you more than, if you had taken out even the cheapest, and most basic third party cover, in the first place.

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Tags: Accident, Attorney, Auto Accident

How to Select an Attorney

17Feb10

There are attorneys out there that fit the description of greedy and money hungry. However, there are also good knowledgeable attorneys out there who are willing to work with you on payment plans and ways to keep fees to a minimum. Here are a few tips that can help you choose an attorney wisely.

1. Choosing an attorney is NOT one of those decisions. Do not under any circumstances, pick an attorney out of the phone book and just “go with it.” That is probably the worst way to pick an attorney because you have no idea what you are getting.

2. Ask friends, family, co-workers even your waitress if they know a good attorney or if they have heard of the attorney you are considering. You can also call the Bar Association in your state. That’s right people, do not be afraid to call the bar association for your state.

3. Talk to several differing attorneys to get accurate price quotations before you choose just one. A New York City police misconduct attorney is required to accurately set before you in a contract what they will do to best represent you and how much it will cost.

4. If you do not feel comfortable talking with the attorney then its best you look for another. Remember that an attorney should always be upfront and honest with you, and should never sugar coat the truth.

5. Clerks at the courthouse have first hand interaction with the attorneys because they must file all legal actions through the court house. So talk to them and see who they say is a nice attorney.

new york city police misconduct attorney

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