Understanding Criminal Laws

convicted of a crimeCriminal law is the law that is related to crimes that are committed by a person. These regulate the social conduct and what is perceived as harmful, threatening or endangering the health, safety, property or moral welfare of others.

It also includes the penalty for said crimes. It will vary according to the state and the crime that is committed. It may overlap with civil law in some cases.

Punishments and victims compensation will be a part of the penalty phase and vary according to the state in which the crime is committed and the degree of the crime.

It is distinctive in that there are sanctions and rules as well as consequences depending on the state of residence and the state wherein the crime is committed.

In all cases, crimes are punishable in some way, shape or form. These penalties may involve jail time, victim compensation, community service and more.

A criminal law attorney will be in charge of the defense of the potential criminal and they will represent the person to the state, or the courts depending on the situation at hand.

There are also deference programs wherein someone who has never before been convicted of a crime is given the opportunity to keep their record clean for a specified amount of time (usually one to five years) and the charges will be expunged from their record.

This is a great way to help younger offenders get back on the right path. While they are still subject to criminal laws, they are given the opportunity to make things right with the persons whom they wronged and stay on the straight and narrow.

Criminal law will vary from one state to another and often from one town to another. It will be dependent on the charges and the person who is being charged.

Why You Need a Motorcycle Accident Lawyer in Nashville

motorcycle accident lawNashville motorcycle accident lawyers are different because they will carefully listen to what you have to say and then together you will formulate a strategy for your personal injury case. This group of lawyers are also committed to an ongoing legal education so that they are current with any developments in personal injury law. It does not matter whether the personal injury was your own fault or the fault of someone else who was negligent because in both cases you may be eligible for fair compensation.

 

You can call this awesome law firm by telephone for your initial free telephone consultation. If it appears that you have a good compensation claim then a lawyer from the firm will meet with you so that you can begin the legal process. There are cases obviously where a person is unable to come into the law firm’s office because of their injury and therefore, in these types of cases the lawyer for motorcycle accident case in Nashville will come to either your hospital room or your home.

 

A personal injury claim can often be quite involved and therefore at the initial meeting the lawyer will explain exactly what is involved in terms that you understand. It is interesting to note that you will not have to pay for your legal fees until a settlement is resolved. If for whatever reason your case does not receive a settlement then you will not be under any obligation to repay any amount of money for your legal fees. In fact, there are situations where this law firm will help with various associated expenses such as nurse care and so forth.

 

After an accident, the Nashville motorcycle accident lawyers understand that your first concern will be to get better. Learn more on their Google + profile. It will be hard to get better however if you are constantly being harassed by the other party’s insurance provider. These insurance providers are notorious for continual harassment. They will want you to settle your claim before contacting your lawyer. They will tell you an assortment of lies such as you’ll get more money without a lawyer or that a lawyer’s fees will take a huge portion of the settlement.

 

Do not be tempted to sign any settlement by these unscrupulous agents. In fact, do not even talk to them but as soon as you are contacted by the other party’s insurance provider then that will be time for you to immediately contact your Nashville lawyer at Keith Williams Law Group 511 Union St #1820, Nashville, TN 37219 (615) 313-3999.

What Types Of Cases Fall Under The Umbrella Of Family Law?

family lawFamily law is a specific branch of the law that deals with domestic issues. In essence, these cases typically involve legal problems that center around spouses, families, or children. They are handled in a special family court that deals specifically with these types of cases. Below are some of the most common topics that are handled under this branch of the law:

1. Divorce. When a couple decides to end their marriage, they go through a process known as divorce. This usually involves hiring a lawyer who specializes in handling divorces. During the process, the couple works to amicably divide their assets and to separate their finances.

2. Child custody. When a couple with children splits up, there are often disagreements regarding custody of the children. A family court can help determine how the custody of any children will be handled. In some cases, full custody may be awarded to one parent. Other times, however, custody may be split between both parents according to a specific schedule set up by the court.

3. Domestic violence protection orders. If someone is seeking a protection order in a domestic violence case, it is usually handled in family court.

4. Emancipation. If a child who is old enough wants to become emancipated from their parents, they need to appear at a hearing before a judge in order to determine whether or not it is in their best interest to grant their request.

Although this list barely scratches the surface, it should give you a general idea of the types of cases that fall under the umbrella of family law. In essence, any legal issues that involve families or domestic situations are usually a part of this branch of the law. If you have a family-related problem and need legal help, a lawyer who specializes in this type of law may be able to assist you.

Who So Many in Sydney Need a Medical Negligence Lawyer

medical malpractice lawyerMedical negligence is unfortunately a fact of life in Sydney, New South Wales, even if it is relatively uncommon. If you have suffered from any type of medical negligence while being treated by a nurse, physician, surgeon, anaesthetist or any other medical personnel then you may consider it financially important to file a personal injury lawsuit against whoever was responsible for the mistreatment.

The term medical negligence, or medical malpractice as it is also called, includes any type of mistake that a medical professional has made which results in a worsening of your condition, or causes a new medical problem to occur which did not exist before.

Medical negligence does not apply when an existing illness or medical condition worsens naturally or an operation fails in its purpose despite the best intentions of the surgical team. Medical personnel cannot be blamed in these circumstances.

Deciding what is medical negligence and what is not can be quite difficult and in most circumstances you will need a Sydney medical negligence lawyer to help determine whether you have a case for compensation.

The most common medical negligence examples are listed below:

  • carrying out the wrong treatment or procedure for an illness or complaint that has been officially diagnosed,
  • failure to read a patient’s medical chart properly and giving the wrong medication or treatment,
  • failure to carry out normal procedures such as consulting a specialist when necessary, asking for consent for surgery or monitoring a patient effectively,
  • improper birth procedures,
  • misdiagnosis of a serious existing complaint such as cancer,
  • misuse of anaesthiological procedures, resulting in harm or death,

The World Health Organization (WHO) has revealed that Australia faces a very high rate of medical errors as the following statistics indicate. For example, every year 18,000 people could die in Australian hospitals due to medical treatment that could have been better. On top of that alarming figure there are 50,000 victims who are inflicted with a permanent injury due to medical negligence. Prescribing the wrong medication leads to 80,000 people ending up in hospital for extra treatment.

Personal Injury Law in New South Wales

New South Wales law allows an individual who claims that he or she has suffered harm from medical negligence in the state to file a lawsuit within three years of the incident being discovered. This limitation period means that you should contact a Sydney medical negligence lawyer as soon as your medical condition allows you to do so, if you think you have suffered from medical negligence. If you leave it too late, your personal injury claim may be denied and you will have to face the financial consequences of the medical negligence by yourself. New South Wales also puts a limit on what are termed non-economic damages. The cap is $350,000. Non-economic damages cover things like pain and suffering, loss of enjoyment of life and loss of consortium.

You don’t need to worry about providing any upfront payments to a Sydney medical negligence lawyer as they work on a no win no fee basis meaning you do not pay anything until a settlement has been successfully negotiated.

Misdemeanor Charges in South Carolina

In South Carolina if you have been arrested for a misdemeanor criminal offense, you will be given a bond and a court date to appear in front of a judge to have the case heard. Depending on the type of charge and the penalties involved, your case will either be heard in magistrate/summary court or general sessions in front of a circuit court judge.

Types of cases a Magistrate can set Bail for

A magistrate can set bail for a person that is charged with a crime where the punishment does not involve life in prison or death. This limitation is defined in South Carolina’s code of laws section 22-5-510(A).

A circuit court judge has the authority to hear all criminal matters.

Types of misdemeanor charges

Misdemeanor charges can range from:

DUI 1st offense; Drug possession; Criminal domestic violence; Simple assault and battery; Disorderly conduct; Shoplifting; Gun crimes, etc.

Not all misdemeanors carry the same penalty. In South Carolina the following statutes and penalties apply for the below offenses:

DUI 1st 56-5-2930(A)(1) up to 30 days; Possession of Marijuana 44-53-370(d)(4) up to 30 days Possession of Heroin 44-53-370(d)(1) 0-2 yrs. Possession of cocaine/Crack 44-53-375(A) 0-3 yrs.

The typical misdemeanor that carries up to 30 days in jail will be heard in front of a magistrate judge and will most often be prosecuted by the police officer that arrested you. If the penalty is greater than 30 days and up to possibly 3 years in prison then the case will go to the state solicitor who will prosecute the case in circuit court.

Does a conviction mean jail time?

Even if you are convicted of a misdemeanor crime that does not mean that you will go to jail or that you will necessarily have a permanent criminal record for the rest of your life. Sometimes an attorney can work a plea deal where your charge can be expunged after three years from the date of conviction so that your criminal record will be clean if you do not receive another conviction within the period.

Drug Court Programs

There is also a strong push for the court system not to jail persons that have addiction issues involving illegal substances but rather help them get treatment for their addiction so they are less likely to re-offend and create a revolving door through the jail system. South Carolina is one of the most progressive states that utilizes drug court in both state and federal courts. Many states around the country have drug courts in state court but South Carolina is one of the first states that has a model in the federal system as well where the punishment can be much more severe and unforgiving.

There are two major benefits to drug court. First, is the offender is getting help and treatment to fight their addiction issues and it keeps them out of jail and saves the tax payer money. Second, is that upon successful completion of the drug court program a participants charge or charges are dismissed and they will have a clean criminal record.

Preparing For a Child Custody Hearing

Many times couples who are filing for divorce agree as to how the custody of the children should go, how much child support should be, and how the visitation should be. Unfortunately, there are some couples or parents who make the issues a major battleground, hence no matter how much mediation they go through there is no agreement. When no agreement has been reached, the couple finds themselves in court at a child custody hearing being represented by custody attorneys.

When going into a child custody hearing make sure that you are calm because you will not accomplish anything worthwhile if you are in an emotional state. You need to put the child’s needs before yours and think of their best interest. Look at the situation from your child’s point of view. One important thing to remember before going into a child custody hearing is that the courts no longer automatically grant the mother custody of the children. Today the custody rights are based on the best interest of the child.

One of the first things that you need to do is a self-evaluation. You need to remember that honesty is the best policy in these hearings. Simply put having a custody hearing is because neither party can agree on child custody. This is sometimes because both parties are bitter at each other. As result, it is possible that the custody attorney of both parties is going to have everyone looking at each parent through a microscope.

The judge will not only be focusing on the parenting skills of the parents but also looking at each one as an individual. If there are any skeletons in your closet that could affect the outcome of the custody hearing let your custody attorney know. Be prepared with a reasonable explanation because this will help to make your case stronger. Do not defend your wrongs but just accept them and show the judge how you have dealt with them effectively.

When talking to a custody attorney both parents will be evaluating their soon-to-be ex-spouse so again honesty is the best policy and view them as outsider would. It might be hard try to be impartial in your views when you are talking about the weak and strong points of them but by doing this neither the judge nor their custody attorney will be able to charge you with vindictive behavior. You will look like someone who is more focused on the child. You want what is best for him or her and not as someone who wants to get back at the other parent.

Make sure that you have all documents to support your case such as:

* Proof of financial stability
* Any witnesses that you have who can show how you are with the children

* Any police records or medical reports if the other parent has been abusive to the children along with any witnesses to this behavior

Just bring anything else that would show that you would be the best parent to have custody of the child or children to the custody hearing.

What Is The Purpose Of Workers Compensation Statutes?

State laws that address employees who are hurt while working are usually called workers compensation laws. Before these laws were written, a worker hurt at work would file a traditional lawsuit against their employer to receive payments for their injury. These lawsuits were challenging because the courts weren’t always persuaded that an employer’s negligence caused the worker’s injury. If a court did find for an employee, the employer would be ordered to pay “make whole” damages to the worker. Easing this legal system was the purpose of workers compensation.

Both employers and workers disliked this system. Workers struggled to prove employer fault to conservative courts. Employers did not like the monetary awards made to employees that might require lifetime payments to an injured worker.

As such, both parties demanded that state governments create a new system for resolving these issues, and workers compensation laws were born. The new laws completely replaced the earlier system and are now only means for an injured worker to seek monetary damages.

As workers compensation laws are state laws, they vary across the country. But generally, the laws have five requirements. Only certain employers and employees are covered. There must have been an injury. That injury must have been the result of an accident. The accident must have arisen out of the employment relationship. And the accident must have occurred in the course of the employment relationship.

Many employers and workers are covered by state workers compensation laws. Various states exclude different occupational classifications (like household employees) or whole industries (like agricultural companies or government). And some exclusions are made based on company size, not including employers with less than three workers for example.

All states require a physical injury. Physical being the requirement.

The accident element ties the injury to a specific one-time event. This element has caused significant debate as the nature of most workplaces has changed. Originally, the laws envisioned more traditional, hands-on careers. But as the working world has changed, new conditions have arisen in the workplace. States have addressed these changes differently. Some now include occupational illnesses and diseases within their-their laws (such as an accidental HIV transmission in a hospital). Others have added repetitive stress injuries, addressing ergonomic issues and carpal tunnel disease.

For the injury to have arisen out of employment, states require a connection between the injury and the risky nature of the employment. The stronger the connection, the more likely this element will be met. To illustrate, it is unlikely that a doctor would have a limb from a tree fall and hit him on the head at work. It is far more likely for the same injury to happen to a logger, and therefore, his injury would occur more likely to have arisen out of employment.

The “in the course of” requirement addresses the where and when of the injury. Workers compensation statutes look at if the employee was working when injured (based on a time card for example). But some situations might require additional evidence in case the injury happened outside of the normal work context.

If all of the elements are proven, the worker will receive compensation based on set amounts established by the state’s statute.

Because of the subjectivity of some of the above areas, the goal and purpose of workers compensation to expedite recovery and curtail lawsuits has not been met. As such, an injured worker or an employer of an injured worker should seek legal advice for their specific worker’s compensation questions. Only an attorney fully admitted to your state’s bar can give you appropriate and competent legal advice.