General Law & Legal

Choosing the Right Legal Representative for Your Case

Legal representatives can be found just about anywhere. Some advertise on television, while others are featured on billboards on the freeway. Some choose not to advertise at all, instead allowing their satisfied clients to refer others their way. However, it is important to do some research before selecting a lawyer, to ensure that a customer will get the most bang for their buck.

The first step in picking a good lawyer is to make sure he or she is trained in the area in which the client has a legal issue. Checking with the state to verify that the lawyer is in good standing with the bar is a smart idea.

Those who are struggling financially and need assistance with cases relating to bankruptcy can find good representation. Doing some research at home through Chapter7.com can help individuals learn more about the process of filing chapter 7 bankruptcy, as well as what options are available to them.

Chapter 7 bankruptcy is the most common way to file within the United States, and allows individuals to keep some of their personal property while repaying debt. It stays on credit reports for ten years, compared to seven years for chapter 13 bankruptcy.

For many who are struggling to stay afloat with mounting debt and constant calls from creditors, choosing to file for bankruptcy can be a way to start anew. It is overwhelming to consolidate large amounts of debt, so selecting this option can be a great way overcome financial struggles and reduce stress.

Filed Under: General Law & Legal Tagged With: Bankruptcy, Debt, United States

Finding Legal Assistance for Neglected Loved Ones

Dealing With Neglect

Image by Getty Images via @daylife

Finding out that a loved one is being neglected when they are at the most fragile point of their lives is very saddening and frightening. Family members and loved ones of those who are living in nursing homes, assisted living facilities or who are receiving help outside of the circle of family and friends may feel very guilty and upset to find out their loved one has been neglected and abused. Thankfully, there are legal options and those who will help, such as assisted living negligence lawyers. Here are some tips for getting good legal assistance for neglected loved ones.

Understand the Different Types of Neglect

Abuse and neglect comes in all shapes and forms. Often, family members and loved ones are oblivious because the assisted living facility or caregiver covers the abuse or the patient is too afraid to say anything. Different types of abuse include physical, emotional and sexual abuse. Neglect is also very frequent, especially in larger facilities which is short on staff.

Do Not Wait to Get Help

In sensitive cases where abuse is occurring, every moment counts. It is important not to hesitate getting legal advice if abuse or neglect is present. If abuse or neglect has been found, document it by either writing it down, or taking pictures and getting help immediately. Reputable lawyers understand that time is very important and will be quick in assisting by giving legal advice and taking the necessary steps in a timely manner.

Filed Under: General Law & Legal Tagged With: Assisted living, Senior Health

3 Steps to Take After an Accident

You know that you are going to get into an accident on the road at some point or another; it’s just the way it is. Whether you are at fault, or if someone else was, you are going to have deal with it. Sadly, getting into the accident is easy enough, but dealing with the aftermath of it is much more difficult. Here are three steps you should take.

1. Never Admit Fault

It doesn’t matter if it was your fault. That isn’t something you need to admit to anyone. All you need to do is make sure others are okay. Admitting fault can put it on record and hurt you legally down the road. It’s not about lying; it’s about not putting yourself in a very tough spot.

2. Exchange Insurance Information

This is important because you should have a record of the other driver’s insurance and he or she should have yours. You don’t want a situation where you are without the necessary information. At the end of the day, the party that is best responsible for handling accident information is the insurance company, so you should just let them deal with it. Another great option is to use a Florida truck accident lawyer.

3. Call the Police

Police officers are your friends. You should call them so they can have a legal record of what happened. Stories often change days after the accident. You want to make sure it’s recorded for posterity’s sake. Don’t fool around with what can affect your job status and your bottom line.

Filed Under: General Law & Legal Tagged With: Driving, Traffic collision

Latest Implemented Laws for 2011

The legal realm is described by some as a morass. Certainly, to the layman, entering legal waters can seem like sailing through a choppy sea. The situation is not made easier by the changes and amendments that come in. These are inevitable, as the law needs to keep pace with new kinds of infringement in a rapidly altering world. The lay person has greater than ever access to information via the Internet, including sites like www.LawQA.com that offer free detailed answers to legal queries.

In many cases, such as the Americans with Disabilities Act, a law’s purpose is to defend the rights of the more vulnerable. With the measures that they insist on for commercial operators and for state and municipal facilities, these revised ADA requirements are designed to give the disabled the same access and ease of movement as able-bodied citizens. Members of the public can find out easily on the Internet how to bring a legal action against non-compliant premises.

Another pressing issue, that of firearms, is addressed in various amendments across town councils. Imminent new laws will cater to the increased trafficking of firearms between border states in the U.S. and Mexico, while a recently implemented law at local level went into effect in response to the popularity of paintballing.

In 2011, California introduced a law downgrading the seriousness of possessing small quantities of marijuana. Possession of no more than an ounce of the drug now attracts a $100 fine. The same state has taken a step towards greener policies by bringing in new legislation to remove the insurance problems that previously discouraged people from car sharing.

These, and many more aspects of the fascinating legal world, make a career in law an attractive and never dull proposition.

Filed Under: General Law & Legal Tagged With: Equal Employment Opportunity Commission, Law, Mexico

Who Watches the Watchmen – Should Videotaping Police Be a Crime?

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It seems there is a new news story everyday about someone being arrested for the act of recording the activities of the police. Each of the cases have ranged from a suspect himself recording his own arrest to a neighbor within his own house taping a police encounter through the window. In most of these cases the videographer has been arrested and had their camera taken away by the police. Why is this happening?

Citizen watchdog groups claim they have the right to record any activity on any public street and as long as they are not directly interfering with the police are within their rights. Police and prosecutors often contend that recording police without their consent is akin to illegal wiretapping. So who is right?

So far most judges have looked toward history and previous cases and determined that the police have no extra right of protection from being videotaped. They cite facts such as the police themselves regularly have cameras running in their cars to record traffic stops and arrests. Each of these cases has been found in favor of the videographer and against the police.

New laws are being pushed through many states to specifically allow citizens the freedom to record police activity. As the proliferation of digital cameras continue and until each state has its own law or the Supreme Court gets involved, recording the police will be decided on a case by case basis.

Filed Under: General Law & Legal Tagged With: Arrest, Camera, Police

It’s a Grand Old Flag and It’s on Fire

Image via Wikipedia

Symbols are a very important part of US history. Symbols such as the presidential seal, the liberty bell and of course the US flag, all represent the democracy and freedom we enjoy. But do these symbols have a special place in our hearts and in the eyes of the law? Should they be protected by legal means to prevent them from being destroyed or desecrated?

That was the case in Texas vs. Johnson in 1989. Protesting the Republican National Convention and policies of the Ronald Regan administration, Gregory Johnson set fire to an American Flag. While no one was injured, Johnson was arrested for desecration of a venerated object. He was convicted of the crime and sentence to one year in prison.

The case before the appeals courts all the way up to the Supreme Court needed to decide if Johnson’s freedom of speech, though non-verbal, legally outweighs the Texas’ law protecting the flag as a symbol of unity. Appeals courts and the Supremes decided that the freedom of speech must be protected for all citizens.

This decision stands as one of the most important ‘free speech’ cases recognizing the individual’s right to express themselves no matter the offence it will or might do to others. The court rules as it done in the past, you don’t have to like what they say, but you can’t stop someone from saying it.

Filed Under: General Law & Legal Tagged With: Flag of the United States, Republican National Convention, United States

Who’s Miranda and Why Does She Have so Many Rights?

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Ignorance of the law is no excuse, except the one time is was a big one. Everyone who has watched any cop drama on television knows the Miranda law by heart.

You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you cannot afford and attorney, one will be appointed for you.

These rights are guaranteed to citizens by the U.S. Constitution under the fifth (5th) amendment. And since a historic 1966 Supreme Court decision, they must be told to all suspects by the police at the time they are in custody and/or being questioned.

Who is Miranda and why did this come up in the first place. Miranda is really shorthand for the Supreme Court case this is based on, Miranda vs. Arizona. In that case the court found the suspect, Mr. Ernesto Miranda, was unlawfully denied his right to remain silent and right to representation by an attorney by not being informed of those rights by the police. Therefore any information or confession he gave was inadmissible in court.

This landmark decision had a far-reaching impact across the country as every criminal prosecution could have crucial evidence tossed out if the suspect had not been informed of his rights before police interrogation.

Today Miranda is known by virtually everyone and is standard practice for all law enforcement agents.

Filed Under: General Law & Legal Tagged With: Miranda v. Arizona, Miranda warning, United States Supreme Court