Law Firm News Blog

Gun control saves lives - baltimoresun.com

Contrary to the assertions in Doyle McManus' op-ed ("People, not politicians, killed gun control," July 27), the national gun laws enacted in the 1990s did help reduce gun violence, and most Americans, including gun owners, support key new laws such as universal background checks for gun purchases.

via www.baltimoresun.com

Restraining Orders in California

A restraining order is a type of legal order that requires an individual to do or refrain from doing a particular activity. A person who does not obey the order will face criminal or civil consequences and may be required to accept sanctions or pay damages. Additionally, violations may be deemed a serious criminal offence that results in arrest and possible prison time. The state of California issues restraining orders to protect individuals from being physically or emotionally harmed. The person obtaining the order is referred to as the protected person and the individual the order is against is called the restrained person. Some include other individuals such as family or household members of the protected person.

In general, a restraining order in the state of California includes personal conduct orders to cease certain acts against individuals listed as protected persons. It can have a serious effect on the restrained person, for example, he or she will not be able to go to specific places or engage in certain activities. Examples of activities one may be required to stop include:

• Any type of communication such as telephone calls, letters, and email messages

• Stalking

• Threatening

• Harassing

• Physically attacking including sexual assault

• Destroying personal property

Article Source: http://EzineArticles.com/7172534

Many drugs remain legal after "bath salts" ban - Health - NBCNews.com

WASHINGTON — People are inventing so many new, legal ways to get high that lawmakers can't seem to keep up.

via www.msnbc.msn.com

Benefits of using an Attorney to Help with Elder Decisions

In recent years, elder care concerns have consistently topped the list of hot button issues that belabor government and private agencies. The population of seniors 65 and over increased dramatically starting 2010 and will continue to do so until 2030 as baby boomers reach their retirement years. This demographic is expected to double from 35 million in 2000 to 72 million in 2030 or roughly 20 percent of the entire population of the United States. Likewise,the oldest sector of the population consisting of seniors age 85 and over is expected to grow tremendously after 2030 as boomers move into this age group. Better care and improved medical options enhance longevity, so this sector may breach the 19 million mark by 2050.

Article Source: http://www.articledashboard.com/Article/Navigating-the-Minefield-of-Elder-Care-Decisions/2953758

Gunman kills 12 in Colorado movie theater - CNN.com

(CNN) -- A heavily armed gunman attacked an Aurora, Colorado, movie theater early Friday, tossing tear gas before opening fire on the terrified audience and killing 12 and wounding 38, authorities said. The theater was showing the new Batman movie, "The Dark Knight Rises."

via www.cnn.com

The Most Common Types of Personal Injury Claims

It's unfortunate, but accidents due to someone else's negligence can cause serious injuries to another person.

Individuals who suffer personal injuries are allowed by law to recover damages from the one who was found to be at fault. To receive compensation for a loss requires filing a personal injury lawsuit or a claim against an individual and his or her insurance company.

While there are many types of personal injury claims, the most common are vehicle accidents, public liability, work-related injuries and medical malpractice.

Vehicle Accidents

With thousands of cars, trucks and motorcycles traveling each day on major highways, city streets and rural roads, it's inevitable for accidents to happen.

Distracted driving is one of the many causes of vehicle crashes. Distracted driving includes texting, talking on a cell phone without using a hands-free device, eating, putting on makeup, combing one's hair or shaving one's face. Weather-related road conditions, such as heavy snow, rain or fog, have also contributed to accidents resulting in personal injuries.

Failing to pay attention behind the wheel results in driver and passenger injuries that can range from a pain in the neck to becoming paralyzed for life. A high-impact crash can even cause amputation of a limb or loss of life. Survivors of a fatal accident victim can file a wrongful death claim if they can prove that the death of their loved one was due to a driver's negligence. A wrongful death claim is also considered a personal injury.

Personal injury claims can be filed against motorists in accidents involving pedestrians and bicycles. These types of accidents can be just as serious, if not more so, as accidents involving other vehicles. If the trauma to the pedestrian's or cyclist's body is great enough, that individual could sustain injuries that could forever change their lives.

Car insurance companies are heavily involved in personal injury claims. Anyone filing a claim, whether a driver, passenger, or pedestrian, will be contacted by the insurance companies and asked for their version of how the accident occurred. Whichever driver is found to have caused the accident that resulted in the injuries, that driver's insurance company is considered liable for the damages.

Public Liability

Public liability are accidents that happen in a public place due to negligence on the part of an individual or business. The accidents typically occur at businesses, schools, public parks, playgrounds, grocery stores, shopping malls and on public sidewalks.

A well-known example of public liability is what's called a "slip-and-fall." A business, for instance, would be considered negligent if, after a heavy snowfall, the business does not clear its public walks and entryways and someone falls on the pile of snow or ice and is injured. The same goes for a local municipality which has a public parking lot with broken concrete or an uneven sidewalk that causes someone to trip and fall.

Personal injury claims can also be filed against a homeowner whose negligence caused harm to someone who came on their premises. For instance, a visitor can slip and fall at a party or a delivery person can fall through rotten wood boards on the front porch or a dog bites a visitor who did not provoke the dog to attack. Personal injury claims are filed with the homeowner's insurance company.

Work-related injuries

The potential for suffering an injury on the job is high at any workplace, but particularly in jobs where machinery and heavy-duty equipment are used. Injuries are also likely to occur in dangerous jobs such as repairing power lines or sewers and construction of high-rise buildings. Compensation claims can also be filed against employers who consistently maintain an unsafe work environment and hazardous conditions resulting in serious injuries of workers.

Companies are required to have Workers' Compensation insurance, which replaces wages and provides medical benefits to workers who are injured while performing their jobs. Employees are also advised to do their part to avoid being negligent in the workplace.

Medical Malpractice

Medical malpractice has been a controversial personal injury claim for years. On the one hand, physicians contend that frivolous medical malpractice claims have raised their insurance rates and have made some of them reluctant to perform certain high-risk medical procedures. Attorneys argue that patients harmed by doctors' errors should be compensated and doctors should be held accountable for their negligence. The debate continues on with seemingly no resolution in sight.

Although medical malpractice stories in the media usually focus on doctors, physicians are not the only medical professionals that can be held liable for a personal injury. Nurses, nurse practicioners, physician assistants, radiologists, pharmacists, anesthesiologists, dentists and many other medical personnel are all subject to having personal injury complaints filed against them.

People who want to be compensated for their injuries but do not know how to file a claim should seek advice and assistance from a personal injury attorney such as one from a Columbia, Maryland Law Firm.

Colorado murder suspect attempts to steal plane, kills self - CBS News

(CBS/AP) SALT LAKE CITY - A SkyWest Airlines employee wanted in connected with a Colorado murder attempted to steal a passenger plane from a small southern Utah airport then shot himself in the head after crashing the aircraft in a nearby parking lot, police confirmed Tuesday.

via www.cbsnews.com

Types of Cases Criminal Defense Attorneys Defend

Criminal defense attorneys defend clients accused of a variety of crimes. The types of crimes they defend is dependent on their specialty, experience, and personal preference. Attorneys, like anyone else in a particular field, have areas of strength. They will generally confine themselves to cases they know they are in a position to defend adequately. They must know and understand the law surrounding the charge, and know that they have the skill to put on a good defense case. Lawyers are ethically bound to provide the best representation they can for every client. So why would anyone choose to represent potential criminals?

The Constitution of the United States provides the framework for our justice system. It is not perfect, but it is the best in the world. It protects the rights of the accused to ensure that any criminal charges are proven beyond a reasonable doubt. The accused need someone who understands the law and judicial procedure to protect their rights under the law.

Criminal defense attorneys do this kind of work for many different reasons. The most common reason is that there is a need. Simply put, somebody has to protect the rights of people accused of crimes. Some might do it for the challenge. Some might do it because they believe the system is lopsided in favor of the government. Some states require all attorneys to take a turn on the public defender list. Regardless of the reason they do it, it is a vital part of the administration of justice and the defense of liberty.

Common Criminal Charges

The law is complicated, and the laws that apply to each kind of criminal case differ. Each client is unique, and each alleged accusation is unique. A firm that accepts serious and complicated criminal cases is equipped to provide adequate research and investigation. They will generally have access to experts in medicine and science. They have senior members on staff with years of experience.

The most common criminal cases that call for a defense attorney include: DUI, theft, assault, domestic violence, criminal trespass, fraud, drug offenses, homicide, and sexual offenses. Within each category listed are a variety of differing charges. For example, drug offenses can be anything from simple personal possession, paraphernalia, or intent to sell. Assault can range from simple assault to assault with a deadly weapon.

Most criminal defense attorneys will take any case within this list of common crimes. Some attorneys limit their practice to a particular crime like DUI. They do this because there is enough need for that particular area of criminal defense to keep them busy. This allows them to quickly become experts in one area of criminal law. That can be a good thing for people charged with DUI.

Some criminal charges don’t really require the services of a criminal defense lawyer. For example, if someone is caught driving on a suspended license, the general cost of a guilty verdict is not serious enough to warrant hiring an attorney. That does not mean you cannot find a lawyer to take the case, but in most cases it costs much less to just pay the fine and move on.

On the other hand, when a criminal is facing a felony charge, there is a lot on the line. Being found guilty of a felony can impair your ability to get a job, vote, or find housing. If you are found guilty of a sexual offense, you can be mandated to register as a sex offender. This can drastically change your life in a very negative way. A competent criminal defense lawyer might be able to assist a client in pleading to lesser charges to avoid life-altering repercussions.

Client Advocates

A criminal defense lawyer is an unapologetic advocate for their client. Guilt or innocence aside, every person charged in the U.S. has the right to a competent legal defense. Attorneys that deal with criminal defense will generally take most cases put in front of them unless they are unique, such as death penalty cases. Death penalty cases require an attorney that has experience with the system. If their client is found guilty, the appeals process can be exhausting. An attorney with the resources and experience to defend a case of that magnitude is required when a person’s life is on the line.

The Founding Fathers understood the importance of taking away someone’s liberty, life, or money. They understood that many innocent people lost their lives throughout history because there was no due process. They believed that the government should have the burden of proving a person guilty and not the other way around. Criminal defense lawyers have to be experts in creating doubt. Their job is not to convince a judge and jury of a person’s innocence. It is their job to create doubt that their client did the crime with which they are charged.

It may seem offensive to many to see someone standing next to a person accused of horrific crimes and advocating in their favor. It’s easy to look at a person accused of horrors and just want to put them away for life, but the Constitution protects all people accused of crimes. The criminal defense lawyer ensures that their client receives the protections promised them in the founding documents, and is judged by a fair and impartial jury of their peers, if they so choose. The different types of cases they defend is a long one, and there is no evidence that society is going to lighten up on lawlessness so demand for their services is sure to keep increasing.

To learn more about the criminal defense process, visit shapiroandmack.com

How Common are Animal Attacks in the US?

Animal attacks in the US are relatively rare, when compared with attacks in other countries. however, these attacks can be quite frightening, especially when wild animals are involved. Most attacks are prompted by being careless around animals in the wild, living in areas where natural habitats are declining, and careless behavior around domestic animals.

With the United States seeing an increasingly urbanized population and hunting or fishing on the decline in many areas, many people simply don't encounter wildlife very often. Several types of dangerous animals do frequent areas where there is a lot of tourism. Some of these animals include bears, cougars, coyotes, alligators and rattlesnakes. Educational efforts designed to show people what to do when they encounter dangerous animals have decreased the number of attacks that occur. However, accidents still happen, and people who will be spending time in certain areas with wildlife should use caution.

One statistic that surprises many people is the number of domestic dog bites that happen each year. Almost a million people are attacked and bitten by domestic dogs each year, with about 800,000 requiring medical treatment. About 20 people die from dog bites yearly, with most of them being children or elderly people.

How does this compare with attacks by wild animals? Attacks by wild animals are less common, but are not any less dangerous. Attacks by large predators can cause serious injury that results in permanent disability. Many of these attacks happen in remote areas where help will arrive less quickly.

Bear attacks are quite rare, with fewer than 30 attacks yearly, but 4 fatal attacks were reported in 2011, involving both brown and black bears. 2 fatal polar bear attacks occurred during the 1990's. These attacks generally happen in wilderness areas when only small groups of people are present. Bears wandering into settled areas are relatively rare.

Alligators are dangerous animals that many in the southeastern US encounter on a regular basis. Their range extends from Florida to the Texas coast, putting them in contact with many densely-populated areas. 2 fatal alligator attacks happened in 2007, and about 300 attacks are reported yearly.

Cougar attacks are quite rare, with a fatality occurring every 2-3 years at most. There are about 5 or fewer attacks yearly. Many non-fatal attacks have happened in state or national parks. One 2004 Texas incident involved a non-fatal attack by an older female that was starving at the time. She was euthanized by park rangers.

Coyote attacks have happened in areas where their natural habitat has been developed. A few cases have also happened when coyotes have migrated into new territories. These attacks happen at a rate of 1 to 3 a year on average, and most incidents involve children. Only 2 documented fatal attacks have happened between 1981 and 2009, and attacks happen at an average of less than 1 per year.

Only 1 fatal wolf attack has been known in the United States since 2000. Historically, wolf attacks have been rare. Rabies has played a role in the majority of wolf attacks. Other attacks that are non-fatal often involving attacking dogs being walked by their owners. Attacks of any kind average 1 to 2 per year.

Snakebite fatalities in the US number about 12 per year. Most of these fatal attacks involve rattlesnake species. Copperheads and coral snakes have historically been responsible for many fatalities. Snakebites are more common than many other attacks, with an average of 7,000 being bitten byu venomous snakes per year.

There were 2 fatal shark attacks in the United States during 2010. Shark attacks overall number about 16 a year. In the US, great whites and bull sharks are the most responsible for attacks. Many shark species follow seal migration, and avoiding swimming in areas with large numbers of seals can prevent many shark attacks.

Most frightening or fatal animal attacks can be prevented. People should avoid walking or hiking alone in areas known to have dangerous wildlife or large numbers of loose dogs. Always take the advice of wildlife experts when encountering wildlife you're unfamiliar with.

This information has been provided by the Lubbock, Texas Injury Law Firm, Liggett Law Group

Legal experts: Isaiah Crowell faces 5 years in prison but probation likely | UGA sports blog

ATHENS — From all accounts, Isaiah Crowell is facing up to five years in prison and/or probation on the felony weapons charges that landed him in jail this past Friday.

via blogs.ajc.com