First-time defendants are often bewildered by how fast things can happen in a courtroom, and they are left wondering if their “suspended” sentence or “probation” is a good thing when brought up on misdemeanor charges such as driving under the influence (DUI) or petty theft. This article briefly explains what some of the more common sentencing terms mean, although if you have a competent criminal defense lawyer representing you, the explanation will be much more in-depth.
“Probation” and “suspended” sentence often go hand in hand. When a judge finds you guilty of a misdemeanor, a jail sentence is imposed. However, there are circumstances where the judge will decide that instead of sending you directly to jail to serve out your sentence, the sentence is “suspended” and you are granted probation terms instead. In effect, the judge is saying that you can avoid going to jail provided you satisfy the conditions of probation such as not getting arrested again for the same offense.
A “suspended” sentence is just that; it’s like an axe hanging over your head. If you commit another crime within the probation period or violate any of the terms of your probation, the axe will fall and you will go to jail to serve your sentence.
Probation is usually granted to people who are first-time offenders. Judges tend to be more lenient towards those who have a clean record prior to the charge because the presumption is that it was a mistake that will not be repeated. It’s not as good as a dismissal, because you still get a misdemeanor conviction tacked on to your record, but it’s better than going to jail. Also, if you complete your probation without trouble, your misdemeanor charge may qualify for expunction. Expunction is basically removing the charge from your record. This is not an easy process, but it can be done with the help of an expunction lawyer.
Obviously, you will want to complete your probation, but if circumstances lead you to violate any of the terms i.e. inability to pay the imposed fine, your lawyer may still be able to argue for reinstatement of your probation by asking for a “dismissed” or “suspended” fine if you do not have the means to pay it. The court may consider to dismiss a fine outright i.e. never collect it or to order other conditions in lieu of the fine i.e. traffic school, thus effectively suspending it until completion of the requisite conditions, at which time the fine is considered no longer collectible.
Divorce can be devastating, but according to the website of the Marshall Taylor Law Firm there are situations in which divorce can be a blessed relief. Infidelity is one of the main reasons for divorce, but there exist circumstances, at least in North Carolina, when your divorce lawyer may instead advise a different legal action first: an alienation of affection lawsuit.
Similar to a personal injury lawsuit, alienation of affection is a common tort law that allows a spouse who has been cheated on to demand compensation from the philandering spouse for it in civil court. It differs from adultery, which is a degree misdemeanor in most states where it is illegal that can include fines and jail time, because there has to be proof of sexual intercourse. With alienation of affection, which is not a crime, the aim is to get compensated for the loss of affection.
In order to qualify for an alienation of affection action in North Carolina, the plaintiff has to basically demonstrate that the marriage was a loving one prior to alienation because of a third party. The complaining spouse (scorned man/woman) can sue that third party for taking away the love and affection of the wayward spouse. In one case, a Raleigh woman married for 33 years sued her husband’s girlfriend for alienation of affection and won. She was awarded $9 million in damages. Whether she eventually divorced her husband is not detailed.
Alienation of affection is a centuries-old law that is currently in force in 7 states. Like with any tort, the plaintiff has the burden of proof, and alienation of affection can be difficult to prove. Since North Carolina is a no-fault divorce state, it would be easier to simply file for divorce, but perhaps resulting in much less satisfaction. A divorce lawyer would be invaluable in assisting in such a case.
If your spouse has been unfaithful, your natural reaction is to call it quits. But you can get back at your spouse’s paramour before filing for divorce by suing him or her for alienation of affection. Consult with a divorce lawyer in your area about helping you pursue this course of action.
More than half of the 73.8 million youths in the US in 2012 (who were all under the age of 18) were said to have either already been exposed to crime and violence or suffered abuses in the home, school and/or community. About 35 million have also experienced and sustained injuries from physical assault.
The Office of Juvenile Justice and Delinquency Prevention (OJJDP) revealed that many of these youths have also been charged with criminal acts, like drinking, driving while intoxicated, drug abuse, disorderly conduct, gambling, vagrancy, vandalism, arson, carrying or possession of a deadly weapon, aggravated assault, robbery, rape and other sex crimes, murder, and so forth.
Juvenile crimes are reported to hit the highest point between 3 p.m. to 7 p.m., which is after school hours. About 1.5 million arrests were actually made in 2011 of persons under the age of 18.
Males are the ones more likely to commit crimes, though the number of females being caught has also been increasing steadily.
According to authorities the rise in the number of arrests is simply due to the more zealous and serious efforts of police officers in enforcing the law and not necessarily due to an increase in the number of juvenile offenders. This more concerted effort is aimed at preventing those who are caught from becoming repeat offenders, most of whom usually ending up as regular criminals. Furthermore, those within the age bracket, whether guilty of a crime or not, are made to understand that conviction does not only mean fines and citations – they are also educated on how even one arrest record can affect and damage their future professional lives.
Thus, despite being poor, being affected by problems in the home or school, peer pressure, gang membership, lack of supervision from parents, or exposure to a hostile environment during childhood, committing a crime will always mean punishment (which may include rehabilitation or imprisonment), as well as corrective measures.
The criminal lawyers in Fort Walton, FL, whose website can be found at www.flahertydefensefirm.com, offers vital information on juvenile offenses. The website discusses the different types of offenses a juvenile may be charged with and the legal options available to protect his/her future from possible ruin.
A car collision can cause severe physical injuries to the drivers involved and to the car’s other passengers (if there are any); imagine, however, the severity of harm it can cause pedestrians. Without anything to protect them from the forceful impact of an incoming vehicle, an accident will surely not leave a pedestrian unscathed: worst scenario is he/she may either suffer a severe injury or untimely death.
An article on the website of Habush Habush & Rottier S.C. ® airs the same concern, saying that the pedestrian will always be in the losing end; more so if the vehicle involved in the accident is an SUV or a truck as these vehicles’ bumpers can be higher than the pedestrian’s waist level [studies have shown that when a person is hit by a car (the bumper of which is below the person’s waist level), it would lift him/her onto the car’s hood; if the vehicle’s bumper is above the waist level, though, then the pedestrian can be thrown forward first and then possibly be run over by the vehicle].
Every year, around 70, 000 pedestrians figure in a car accident; about 4, 500 of these are fatal or end in death a few days after the accident. According to the National Safety Council, the greater majority of non-fatal pedestrian accidents happen in urban areas, where the volume of cars and pedestrian activities are always high. Fatal accidents, however, are more frequent in rural areas, where traffic is much lighter, allowing vehicles to run a greater speed; the absence of sidewalks, shoulders (as pedestrian facilities), paths and street lighting at nighttime (for greater visibility of pedestrians) also increase the risk of accidents.
Now, what makes pedestrian safety a concern for everyone? The fact that all Americans use streets and sidewalks longer and more often than driving their car. In fact, being a pedestrian is one thing that all Americans have in common. Besides walking, the description of a pedestrian also applies to joggers or to someone waiting for a cab or the bus at a street corner – it actually refers to anyone who is on foot.
To make streets safer for pedestrians and motorists, some car manufacturers have began introducing accident avoidance technologies in motor vehicles that will give drivers the needed capability to avoid crashing into anything or anyone. Among these modern safety features are the Forward Collision Warning system, the Pedestrian and Cyclist Detection with Full Auto Brake, and the Automatic Braking system. While there are features that simply slow down the vehicle to significantly reduce the force of impact (leaving the rest to the driver), there are systems that are capable of fully activating the brakes (without the need for driver input).
Accident avoidance technologies actually use car computers and sensors (radar, laser of video data) to detect any imminent collision with a pedestrian or another vehicle. Not all newly manufactured vehicles, however, are equipped with an accident avoidance technology, thus, one may consider choosing one (when purchasing a vehicle) that is equipped with a safety device.
Regardless of the type of vehicle or the place, if a pedestrian is injured, in any way, by a motorist, then one of the important things he/she ought to consider is seek the help of a Santa Clarita personal injury lawyer. A victim may be entitled to compensatory claims from the liable party/individual, but more often than not, however, it will be necessary to prove the other’s liability and support the injury with proper documents – a task that will definitely become easier and more orderly with the assistance of a personal injury attorney based in Santa Clarita.
The Violence Against Women Act (VAWA) was made into law by the US Congress in 1994. It gave the federal government the power to fight domestic violence, a problem of pandemic proportions in the US and around the world.
Based on the definition of the U. S. Office on Violence Against Women (OVW), domestic violence is a “pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner”. This abusive behavior can befall “anyone regardless of race, age, sexual orientation, religion, or gender”; it also takes different forms, including psychological, economic, emotional, verbal, sexual, and (the most common) physical abuse. (http://en.wikipedia.org/wiki/Domestic_violence_in_the_United_States)
Battering and abuses tend to worsen overtime, making the experience more traumatic and the effects, much longer lasting. Worst, even children suffer, by being directly harmed too and developing the attitude of tolerating violence or becoming violent as they become adults.
The legal remedies offered by the state and the federal government to battered individuals, however, have provided them hope, making them come to the open and break their silence. With the passing of the laws and making domestic violence (DV) a civil and/or criminal offense, many sexual assaults, stalking, dating violence, and domestic abuses have been prevented and perpetrators charged and convicted. Besides these, there have also been a 51% increase in domestic violence reports and 49.8% reduction in abuses and violent acts by intimate partners.
Criminal prosecution of those charged fall under assault and battery laws, menacing, harassment, or false imprisonment (a tort and a common-law felony due to the act of restraining a person in a restricted area without justification or consent).
Due to the severity of a domestic violence accusation, whether it is true or baseless, it will be wise for the accused to, first and foremost, obey any court order, including refraining from making any contacts with his/her accuser either directly or indirectly (through emails, texts, phone calls or a third party, such as a friend, relative or work colleague – violating this order can result to imprisonment and more difficulty in defending against the accusation). It is, therefore, safest for the accused to keep away from the accuser and to seek a competent lawyer immediately. An Austin criminal lawyer is one specific legal counsel who can help the accused fully understand his/her best options, as well as the nature of the litigation process. The litigation process can be long and complex, so having someone who knows what they’re doing on your side when you’re accused of a crime can be incredibly beneficial.
Option to act may either involve going to trial to fight the allegations (which can be costly, time consuming and which could result to an unmitigated sentence) or entering a no contest/guilty plea (which can mean more moderate punishments compared to the punishments after a conviction). While the accused is faced with not so favorable options, a criminal defense lawyer will be able to clarify everything and help him or her come up with the most favorable result.
This August 2014, Nissan North America is set to recall 226,326 more its cars (for a total of 664,628 vehicles) due to a defect in the cars’ air bag inflators. The inflators, according to the National Highway Traffic Safety Administration, were found to be at risk of rupturing when deployed during a crash. These can send metal fragments flying out and cause passengers serious injuries. Besides Nissan, other big car companies, such as Kia, Hyundai, Mazda, Toyota, Honda, Ford, Chrysler and BMW, have also made recalls (in recent years) on certain lines of their cars due to the same problem – faulty air bags.
Years earlier, in 2004, more than 1.4 million recalls were recorded by the NHTSA. These were all due to wiring problems that can make airbags suddenly deploy for no reason at all. An airbag, otherwise known as Federal Motor Vehicle Safety Standard 208 or FMVSS 208, is designed to provide cushion and protect the driver and occupants from hitting solid objects (like the dashboard, window or steering wheel) inside the car. Airbags, no doubt, are vital in car crashworthiness; but depending on how these have been manufactured and installed, these can either save thousands of lives or injure thousands instead. Three possible reasons for airbag-related injuries include: failure by the manufacturer to install the air bags inside the vehicle; the air bags do not deploy or deploy without cause; and, the airbags deploy despite a low-impact crash only, causing injury or death to the driver or passenger.
The most common cause of harm is due to airbags deploying despite low-impact crashes. This may be because of incorrect installation, the airbag itself was defective or there was no proper safety instruction. In this case, the victim and/or his/her family can file a claims lawsuit, especially if it can be proven that the product was really defective – a clear basis for a product liability lawsuit.
In the event of an injury, which can be linked to an airbag, it will be wise for the victim to immediately seek the assistance of an Appleton personal injury lawyer, who can help determine whether filing a lawsuit against the manufacturer is an action worth pursuing or not.
According to the National Highway Traffic Safety Administration (NHTSA), there were about 6,800 fatal car crashes on US roads during the first quarter of 2014, a 4.9 percent decrease from the 7,150 fatalities recorded during the same time the previous year. Probably good news, but 6,800 is still definitely a very high number, considering the fact that car accidents can easily be prevented . . . if only all drivers will behave the way they should when driving.
The Ausband Firm, through an article posted on its website, gives a clear scenario of the possible consequences of a car crash: bruises and lacerations on different parts of the body; pain and soreness on the chest, neck, legs, arms and back; neck, head or spinal column injury; the need to undergo a surgical procedure to treat an injury; or, untimely death. The firm further explains that victims of negligent, at-fault, drivers may be able to receive compensation which will, somehow, help them go through the pains and the many damages resulting from the injuries.
The most common causes of road injuries and fatalities, based on NHTSA data, include driving while intoxicated (DWI) or driving under the influence (DUI), overspeeding, improper overtaking, tailgating, right-of-way violation (which is failure to recognize others’ right on the road), and texting or use of a handheld phone while driving.
Texting while driving is a form of distracted driving, another driving hazard which also includes other acts, like eating and/or drinking, applying makeup, fixing a tie, combing or styling the hair, reading as map for directions, reaching for something, adjusting the radio or any electronic device, and so forth.
Anything that will take one’s eyes or mind off the road, or will make one take his/her hand/s off of the steering wheel, is considered distracted driving. And while anyone can be guilty of committing this dangerous driving lapse, young drivers, aged between 18 and 25, are the ones identified to be the guiltiest, especially when it concerns texting or talking on a cell phone while driving.
A surprising research result very recently conducted by a private research firm shows, however, that majority of teen drivers who text or talk on their cell phone while driving have their parents, who are checking on them, at the other end of the line. Many are even left with no other choice but to answer their cell phone, which would not stop ringing until their parents hear their voice.
Regardless of the cause of the driving distraction, result will always entail property damage and/or harm to another individual (another motorist or a pedestrian). It is important that victims seek the help of Wisconsin personal injury lawyers to make sure that all things necessary for a personal injury case to prosper are acquired, that the case is filed properly and all evidences are in order. All these are to enable the victims to merit the compensation they legally deserve.
After getting everything ready for your business to finally kick off or if your company has been around for some time, is doing good business and requires additional manpower, the basic question is always, “who to hire?”
With regard to hiring the right persons and landing them in the right position, this is no longer a worry to many firms, such as WorkSTEPS, Inc., a functional employment testing firm, which started in the early 1990s. WorkSTEPS, Inc. allows a business to focus on running its business for greater productivity; it also directs a firm’s focus on further developing the skills of its well-chosen employees instead of sorting through a bulk of application forms in the hope of finding someone who would be a perfect fit in the business.
It is the work of a functional employment testing firm to effectively identify an employee’s or applicant’s qualifications, strengths, skills, and physical and mental capabilities, to enable employers to match them with the right position. For companies that acquired the services of functional employment testing firms, what followed were substantial reduction in workplace injuries, group health costs, workers’ compensation premium and employee turnover, and a significant improvement in worker productivity and even workplace safety.
After identifying the right employee comes a business owner’s greater concern – the employment contract, which can be unique from one employee to another; this depends, of course on the specific type of work and the employee’s overall qualification or expertise.
While there is still the traditional written contract that an employee needs to sign, for formality and legality, there are also cases, like in smaller companies, when employers and employees simply agree orally with regard to the kind of work the employees will perform, the duration of the work, the amount of pay and the benefits that the employees will and can enjoy.
Preparing an employment contract is never an easy task, though, as it needs to ensure that no laws are violated and that both employer and employee will benefit from the terms of employment. While WorkSTEPS, Inc., with web address, www.worksteps.com, can take care of finding the right people that will satisfy employers’ requirements and standards, Cedar Rapids business lawyers can take care of the contents of the employment contract which employers are willing to provide and which the hired employees will find greatly interesting and inviting. These contents, besides the employment date, salary, and benefits, can also include vacation and sick leave, health benefits, grievance procedures, and employee behavior after the end employment, among others.
“The eyes are the windows of the soul!” A wise saying, indeed, for the eyes cannot lie. But there is probably no better way of attesting to the truth of this famous adage than to have beautiful eyes.
Not everyone, however, is pleased with the way their eyes look. For some, have drooping eyelids, sagging eyebrows, puffy eyes, or bags under the eyes make them feel like they appear to be always tired and worn out. It could also be wrinkles, fine lines, crow’s feet, or dark circles around the eyes that those affected would obviously want to remove.
The good news is, there is a cosmetic procedure that can treat anyone whatever his/her eye concern is. Blepharoplasty, or eyelid surgery, is a surgical cosmetic procedure aimed at rejuvenating the area surrounding the eyes, treating functional problems due to the eyelids, or simply improving one’s appearance.
In 2012, the American Society of Plastic Surgeons recorded about 204,000 eyelid surgeries in the US, a small fraction of the more than 12 million surgical and non-surgical cosmetic procedures performed by licensed or board-certified surgeons and dermatologists (not counting those performed by unlicensed dermatologists in Medspas).
Blepharoplasty is performed to specifically treat excess skin and/or fine wrinkles at the lower eyelid, drooping lower eyelids, bags under the eyes, fatty deposits that make the eyelids look puffy, and sagging or loose skin that affects the upper eyelid’s natural contour, which often causes vision impairment.
For really astonishing looks, cosmetic surgeons and dermatologists also recommend any of the Iowa cosmetic surgery processes, such as laser skin resurfacing, botox, microdermabrasion, permanent make-up or chemical peel, to go with the eyelid surgery. Besides beautiful eyes and years off from facial skin for a youthful and smoother face, the procedures (depends on which is undergone), can also remove or greatly reduce acne, freckles, acne scars, wrinkles, fine lines, black heads, enlarged pores, hyperpigmentation, and/or nasolabial folds or the creases that run from the corners of the nose down to the mouth.
And while going through any of the added treatments, there is another important factor that needs high consideration – having an equally beautiful smile. And the best way to have it is by having white, healthy teeth.
For a really great smile, leave the job to the expert – your Austin dentist. There are now various kinds of treatments offered by your Austin dentist, whether to provide you with oral care or to make your teeth perfectly clean and shiny – making a perfect match with your beautiful face. There are dental cosmetic procedures, like veneers, teeth whitening, crowns and bridges, tooth-colored fillings, dental bonding, sealants, full mouth rejuvenation, and so forth.
While it is true that the eyes are the windows of your soul, it is also true that a smile is the common language of all souls. So, what will stop you from being beautiful . . . inside and out?