Law

19 October 2019

Law
  • Pre Invite: 6th NUALS Parliamentary Debate 2020 [Feb 28 – March 1, 2020, Kochi]
    19 October 2019
  • Co-Draft and Lawctopus’ Workshop on Legal Drafting [Nov 8-9, Chandigarh University]: Register by Oct 25
    19 October 2019
  • Internship Opportunity at Business Law Chamber, Gurugram [November]: Applications Open
    19 October 2019
  • NJ Possession Of CDS In A Motor Vehicle | Dismissed
    19 October 2019
    Operating a motor vehicle while in possession of CDS is a common charge.
    If you’ve been charged with 39:4-49.1, then you’re probably facing drug possession charges too.
    This article will explain how we fight to get your drug charges dismissed.
    N.J.S.A. 39:4-49.1
    Possession of CDS (controlled dangerous substance) in a motor vehicle
    Misdemeanor convictions get in the way of many people’s lives.
    In the world of crime, a Misdemeanor is a minor offense & a Felony is serious. Many cases start out as felonies but end up as a lesser charge.
    For more on felony convictions, try reading: NJ Felony (Indictable) Charges: 5 Steps To Start Fighting Back
    CDS Possession Penalties
    N.J.S.A. 39:4-49.1 imposes strict penalties for CDS possession in a motor vehicle. You are facing a mandatory 2-year suspension of driving privileges.
    Please know that New Jersey does not have “conditional driver’s licenses”.
    This means that if your license is suspended, you can’t get special permission to drive for work.
    As a result, a conviction under 39:4-49.1 (operating a vehicle while possessing a CDS) is one of the most serious traffic offenses in NJ.
    Legal Defenses For CDS In A Motor Vehicle
    Before we discuss how to dismiss your charges, let’s talk about your best legal defense to this charge.
    As you know, the prosecutor has to prove the government’s case against you.
    This means that the prosecutor has to prove that you had “knowledge” of the drugs in your car.
    There are many reasons to explain that you had “no knowledge” of any drugs in your car.
    For example, have you ever given a ride to someone?
    If so, it’s possible that one of your passengers dropped their drugs in your car and you knew nothing about it.
    We’ve represented many clients who had this happen to them.cds in a motor vehicle For instance, let’s say that you gave someone a ride years ago.
    And that person dropped a baggie between your seats. You had no knowledge that drugs were in your car.
    This fact now becomes a legal defense to winning your charges.
    Dismissing CDS In A Motor Vehicle
    As discussed above, you probably have Marijuana (CDS) Possession charges in addition to this ticket.
    It doesn’t matter if you had a joint, baggie, or bong. All of these things are enough to get charged with CDS Possession in NJ.
    As criminal defense lawyers, we use a concept called “merger” to get your charges dismissed.
    For example, if you’re facing criminal drug possession charges, we argue that the traffic violation for operating a motor vehicle while having CDS is basically the same thing. As a result, we file a motion to dismiss this charge.
    Final Thoughts
    If you’ve been charged with Operating A Motor Vehicle While in Possession of CDS in New Jersey, you need a criminal defense attorney.
    As discussed, you have many options.
    It is important to find a lawyer who understands how to navigate the criminal system.
    Since it’s such an important decision, take the time to find the right criminal lawyer who can help you.
    Once you’ve found a few lawyers you’d like to meet, check to see if they have any client reviews.
    At our firm, before a client hires us, we always encourage them to visit our Client Reviews.
    Take advantage of free consultations and see how that lawyer makes you feel. When you trust your gut, you never go wrong.
    Choosing the criminal defense attorney that is right for you is an important decision.
    So take your time and choose wisely.
    If you need more information about your criminal case, here’s a great article to help you get answers: 
    New Jersey’s Criminal Process: Everything You Need To Know
    Get Help With Your Case
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    The post NJ Possession Of CDS In A Motor Vehicle | Dismissed appeared first on Peyrouton Law.

  • What Are Your Rights When Stopped by the Police?
    19 October 2019

    Getting stopped by the police can be a troubling experience – particularly if you are not sure what you did to elicit attention from law enforcement.

    If you’re like most people you respect the uniform and the job the police do but you don’t want to just roll over either. And then there is the matter of your rights in such a situation.

    For instance: are you compelled to answer questions? Are you free to leave? Do the police need a search warrant to look through your backpack? Do they have to inform you of your Miranda rights?

    Why do the Police Stop People?

    There can be a number of reasons you might be stopped by the police. The 4 most common are:

    • Suspicion of having committed a crime – The police will stop you if they have reason to believe you have committed a criminal act.
    • Traffic violations – Running a red light, speeding, failing to stop for pedestrians in a crosswalk, suspicion of driving under the influence etc…
    • Actual criminal conduct – An officer may have observed you committing a criminal act such as assault, robbery or any one of a thousand different infractions.
    • There’s a warrant for your arrest – Officers may come to the door of your home or approach you in your place of work to enforce an arrest or bench warrant.

    In the majority of encounters, police will begin asking questions almost immediately. Who are you? Where are you coming from? Have you been drinking? It’s important to remember that even during a routine stop the officer is free to ask whatever questions they want.

    They are also free to ask if they can search you, your car, your backpack or anything else. As long as you are not in custody they don’t need to inform you of your rights or have a search warrant. As such if they ask “Mind if I have a look in your bag?” and you agree you are potentially opening yourself up to a world of hurt in the long run.

    So Do I have to Answer Questions if the Police Stop Me?

    With only a couple of exceptions, no. In some states, it is illegal to refuse to identify yourself if the police officer asks you to. But even in such states, they must have reasonable suspicion that a crime has been, is being or will be committed to demand identification. And even so, you are not compelled to identify yourself if you believe doing so will lead to self-incrimination.

    In most cases, the smartest thing to do is to ask “Am I free to go?” at the earliest opportunity. If you are then the officer has to tell you so. If you are not then you are being detained and should not say anything. Be mindful too that there’s a difference between being detained and being arrested.

    And That Difference Is?

    Not all detentions lead to an arrest and a detention is, by nature, short term. Nonetheless, in such cases, besides having the right to ask you questions and ask if they can search you and/or your belongings the police have the right to pat you down and they can also instruct you to wait while they run your ID to search for outstanding warrants. In addition, if they suspect you may have a weapon they have the right to reach into your pocket or wherever they suspect the weapon is being held in order to protect themselves.

    You’ll notice I haven’t mentioned anything about Miranda rights. That’s because the police are provided a lot of leeway before they ever have to inform you of your rights in accordance with Miranda. That only comes into play when you have been arrested.

    So When Am I Under Arrest?

    Exactly when detention becomes arrest is often times hard to determine. Essentially it comes down to whether you have a reasonable expectation of walking away from the encounter. If you don’t you should consider yourself under arrest. In order for an arrest to occur the police must have probable cause that a crime has been committed or will be committed. Unlike what you’ll see on TV and in movies, however, this rarely results in an officer saying “You are under arrest…” and then reeling off your Miranda rights. In fact, you may never be told you are under arrest.

    So How Do I Know if I’m Under Arrest?

    In some cases, the officer will inform you that you’re being arrested. In most cases, though you’ll have to read the tea leaves.

    • Are you free to go? – If not you may be under arrest.
    • Have you been detained for more than 20 minutes? – If so you may be under arrest.
    • Are you handcuffed? – If so you are likely under arrest.
    • Are you handcuffed in the back of a patrol car? – If so you are under arrest.
    • Are you being detained in the police station? – If so you are under arrest.
    • Have you been informed of your Miranda rights? – If so you are under arrest.
    What About Those Miranda Rights?

    The police are compelled to inform you of your Miranda rights before any custodial interrogation takes place. For example: if you are in the back of a police car and the officer wants to ask you questions they have to inform you of your Miranda rights first, (including the right to have an attorney present during any questioning).

    However, if they handcuff you, transport you to the station, charge you with disorderly conduct and release you shortly after without asking any questions you’ll likely never hear your Miranda rights, or be given a phone call.

    The Bottom Line

    If you are stopped by the police for any reason it’s important to remember that such situations almost never play out the way you’ve seen them on TV. So stay in the real world and ask if you are free to go. If you’re not, don’t agree to anything or answer any questions until you talk to an attorney.

    The post What Are Your Rights When Stopped by the Police? appeared first on Legal Anchor.

  • “Florida Can’t Block Former Felons From Voting If They Owe Money And Can’t Pay: Judge”
    19 October 2019
    HuffPost: Florida election officials can’t block a group of nearly 20 people with felony convictions from registering to vote if they can’t afford to repay their financial obligations, a federal judge in Florida ruled on Friday. The ruling, a preliminary injunction, …
  • Will a DUI Affect My Employment?
    19 October 2019

    The simple answer is—yes. A DUI can seriously affect your employment opportunities. In addition to substantial fees and temporary license suspension, having a DUI charge can have serious implications on your current and future employment status. If you are currently employed, there is a possibility of losing your job permanently depending on the position and contract you signed. If you are currently looking for a job, then you probably know that applications will question you about your criminal history. In this article, we’ll discuss how a Rhode Island DUI conviction can negatively impact your employment as well as what you can do to change that.

    Can I be fired for a Rhode Island DUI?

    There is a chance you can lose your job if you have been charged with a DUI. Upon hiring, individuals sign a binding employment contract with their employer which establishes the rights and responsibilities of both worker and company. If this contract specifies grounds for immediate firing based on a criminal arrest, then a DUI charge will certainly cause you to lose your job. Another aspect to consider here is the type of career you are in. If your occupation involves driving as a primary function, you may not be able to do your job due to temporary license suspension. This may provide reasonable grounds on which an employer can fire you. One last thing to consider is that the State of Rhode Island is an “employment-at-will” state. This means that an employer essentially has the ability to fire you at any time for any reason. There are some limitations on this at-will discretion, therefore if you believe you have been wrongfully fired, we highly recommend speaking with an attorney.

    Will my DUI show up on an employment background check?

    If you have been charged with a DUI and are currently searching for a job, you may be wondering if your DUI conviction will show up on an employment background check. Many job applications will ask you if you have been convicted of a felony and/or criminal offense. While it may be tempting to lie on your application, most employers will perform a background check into your criminal history, which will reveal your DUI case. Although Title VII of the Civil Rights Act of 1964 technically makes it illegal for companies to deny employment to those with criminal convictions, most is hiring is done behind closed doors, leaving this to the discretion of the employer. Furthermore, if an employer can reasonably justify why hiring someone with a criminal conviction will hurt their business, it is in their right to deny you employment.

    Can I drive to work after a DUI conviction?

    Traditionally, a typical Rhode Island DUI conviction will result in temporary license suspension. However, with the help of an experienced lawyer like Attorney Brett V. Beaubien, there is a possibility that you will be able to keep your license in order to drive to and from your job. Granted at the discretion of the judge, a conditional hardship license will allow you to commute to work during a twelve-hour period each day. One of the requirements for obtaining this license during suspension is that you are only allowed to commute between home and work. Another requirement for obtaining this license is the placement of an ignition interlock device into your vehicle. An ignition interlock device is essentially a mini-breathalyzer installed directly into your car. Every time you attempt to operate your motor vehicle, this device will require you to prove that you are not under the influence of alcohol. That being said, the conditional hardship license will allow you to drive to work and continue earning wages.

    How can I erase a DUI from my record?

    To wrap things up, we will now briefly discuss how you can erase a DUI from your record: file a petition for DUI expungement. After waiting a specified period of time, you and your attorney can utilize this motion to remove all records of your DUI arrest like it never happened (this process is known as expungement). After successful expungement, you are no longer required to disclose your DUI charges to an employer. We suggest contacting an attorney today to learn more about your options.

    The post Will a DUI Affect My Employment? appeared first on Legal Desire.

  • Do I Need a Family Lawyer?
    19 October 2019

    Hiring a family lawyer is usually a decision of last resort because it means that a situation in the family cannot be resolved by any other method. That means you need to retain a family lawyer who knows how to tread carefully around sensitive subject matter and get the job done as efficiently as possible. The end result should be a resolution that leaves everyone involved satisfied enough that they can put the familial conflict behind them and move on with their lives.

    If you live in the Michigan area and are ever in a situation where a family lawyer is the only possible solution, then you should contact Ash & Ash Legal Group. Their lawyers will fight to get your legal problems resolved in your favor as quickly and efficiently as possible.

    When Do I Need a Family Lawyer?

    As the name suggests, a family lawyer is necessary when a dispute within the family becomes irresolvable by any other means. Once that becomes the case, legal intervention is the next step. There are many familial conflicts that can necessitate the involvement of a family lawyer, including the following:

    These types of cases can be difficult to resolve with just the family members because they can become quite complex, plus there are understandably intense emotions at play as well. That is why legal intervention may be necessary; a lawyer has the legal expertise that is needed to untangle complex cases and the sensitivity to treat the case and all the people involved in it with respect and discretion.

    What Does a Family Lawyer Do?

    Family law deals with the legal issues that can arise because of family and domestic relations. There a broad array of issues, as mentioned in the previous paragraph, but some lawyers will focus on a particular specialty, such as divorce. However, many family attorneys have a wide array of skills that are not limited to one particular practice. That can include the drafting and negotiation of contracts and other legal documents such as wills, the offering of legal counsel to their clients, and dispute resolution.

    Some of the documents family lawyers can draw up also includes prenuptial and postnuptial agreements. That means their skill set also includes managing sensitive interpersonal matters and emotionally volatile situations. And, of course, family attorneys will represent their clients in court if that becomes necessary. So even family lawyers that focus on a niche area are adept at a wide range of different skills that can help them serve their clients well.

    What To Expect When Working With a Family Lawyer

    Once you retain a family lawyer, they will offer you advice on your case and give you an honest assessment of how strong it is and your chances of success. That means they will let you know whether taking your case to court is a viable option or not. Your family lawyer will closely guide you through all the steps needed to file the papers and documents associated with your case.

    In addition to the specific representation and advice that your case requires, you should expect the basic services that you would get from any lawyer. That means there should be a clear line of communication between you and your lawyer, that they let you know early on how much the case will cost, clearly explain any new developments in the case, give you an estimate of how long your case could take, and help to prepare you for a deposition or trial.

    If You Need a Family Lawyer, Then Choose The Right One

    If the time ever comes that you need a family lawyer, then be careful to choose the right one for you. Decide whether you want a general family lawyer or one who focuses on a specific area of family law. Get referrals from friends or family who have gone through a situation similar to the one you are going through now. Your state’s Bar Association should be able to help with recommendations as well. Once you have a list of family lawyers, be sure to conduct in depth personal interviews so that you know for sure whether they are the right choice for you. A family dispute is always difficult, but the right lawyer can make it a little easier.

    The post Do I Need a Family Lawyer? appeared first on Legal Desire.

  • From Start to Finish: Understanding the Wrongful Death Lawsuit Process
    19 October 2019

    The death of a loved one is a devastating loss. It’s more devastating when the loss is due to another’s actions or negligence.

    You do have some recourse in the legal system. You may be able to file a wrongful death lawsuit to recover damages.

    Keep reading to find out more about filing a wrongful death case in California.

    Four Elements of a Wrongful Death Lawsuit

    Wrongful death lawsuits are complicated. It’s up to you to be able to prove that there was a wrongful death. Attorneys and the court system look for four elements to determine if there was a wrongful death and you have a case.

    Proof of Negligence: Negligence can be best described as recklessness. This can apply to a property owner ignoring a hazard on their property, a person drinking and driving, or a shipowner ignoring problems with a boat.

    Proof of Breach of Duty: Breach of duty can apply to anyone, whether they are a driver or a doctor. A doctor has a duty to give the best medical care possible. A driver has a duty to the public to drive responsibly.

    Proof of Causation: You need to be able to prove that the death was a direct result of the breach of duty or incident. For example, if a person didn’t drive while intoxicated, the accident would not have occurred.

    Proof of Financial Harm or Damages: This is how a settlement amount will be determined. This includes lost income, potential earnings, and expenses as a result of the death.

    The California Statute of Limitations

    There are two main reasons why a wrongful death lawsuit is rejected. The first is that the four elements of a wrongful death suit aren’t present. The second is that the statute of limitations has passed.

    You have two years from the date of the descendant’s death to file a case. That doesn’t mean can have until two years to contact an attorney. You need to contact an attorney as soon as possible to allow them sufficient time to research and file your case.

    Next Steps in a Wrongful Death Case

    If you find that your case is within the statute of limitations and the four elements are present in your case, your next step is to contact an attorney to proceed.

    If you’re not sure if your case meets the requirements, it’s in your best interest to call a wrongful death attorney to discuss the specifics of your case. An experienced attorney will be able to tell you either way.

    Gather Details and Documentation

    It’s important to give an attorney all of the information and details of the case, such as police reports. That will help them make crucial decisions about your case.

    You should have any receipts and documentation of expenses you incurred as a result of the wrongful death. These include medical bills, funeral expenses, and property losses or expenses.

    You also should bring pay stubs or any other documentation to demonstrate loss of income due to the death.

    Contact an Experienced Attorney Regarding Your Case

    You need to make sure that you have the elements to prove a wrongful death lawsuit. You want to have an attorney go over the facts of your case.

    Your first step in the process is to contact experienced attorneys in wrongful death lawsuits. Schedule a free consultation today and have our attorneys go over your case with you to help you make the best decision to move forward.

     

    The post From Start to Finish: Understanding the Wrongful Death Lawsuit Process appeared first on Legal Desire.

  • The cost of settling personal injury claims is still pushing up US insurance premiums
    19 October 2019

    A recent study has once again underlined the strong connection between personal injury claims and the cost of insurance policies. Despite the fact that most drivers in the USA are now behind the wheel of far safer cars, serious injuries are still occurring.

    Any South Carolina personal injury lawyer will confirm this is the case. As would virtually any USA lawyer who specialises in representing people that have been injured in vehicle accidents. 

     

    Average payments on the rise

    The Trends in Auto Injury Claims report for 2019 breaks the statistics down at country and state level. Between 2008 and 2017, the average payment per insured vehicle for bodily injuries (BI) and (PIP) rose by 31%. For personal injury protection claims the payouts rose by 26%.

    Even if you look at the trend in the short-term, payment levels still rose by a significant amount. For BI cases the rise across 12 months was 3.1% and for PIPs, it was 2.6%. Both rises were above the rate of inflation, for the same period, which was just under 2%.

     

    Claim frequency rates are also rising in some states

    That is the average trend. But, there is significant variation across the states, particularly when you look at claim frequency rates. Across the country, the claim frequency rate was between 0.80 and 0.83 per 100 insured vehicles. While the PIP claim rate frequency fell from 1.31 to 1.27 per 100 vehicles on the roads. 

    However, in Florida and Georgia the claims frequency rate was significantly higher. In Florida, that rate rose by 33% and in Georgia by 24% for bodily injuries. There was also 10% uplift in PIP claim frequency, in Florida.

    The fact that more people are claiming for personal injuries sustained during an accident is clearly a part of the reason the overall bill the insurance companies have to foot is higher. That is a cost that needs to be covered, which inevitably results in higher premiums.

    However, the study also shows that the total cost of each claim is going up too. It is a double whammy that is making driving more expensive for people in the USA.

    The USA’s high road accident death rate

    Road traffic death payouts are also playing a role. The USA has one of the highest car accident death rates in the developed world. A report produced by the World Health Organization shows that the U.S.’s traffic fatality rate is 12.4 deaths per 100,000. In most of Western Europe, Canada, Japan and Australia that statistic is 50% lower.

    However, it is important to realise that this figure includes pedestrian deaths that occurred as a result of road accidents. New vehicle safety features are primarily designed to protect the vehicle occupants rather than pedestrians. So, it is unlikely that advances in safety will reduce the death rate. In the USA, pedestrian death rates have risen from representing 12% of all traffic deaths, in 2008, to 16%, in 2017. This is partly due to the fact more people are once again driving heavier, higher vehicles, which cause more serious injuries when they strike pedestrians. You can read more about the rise in death rates in US road traffic accidents, by clicking here.

    The post The cost of settling personal injury claims is still pushing up US insurance premiums appeared first on Legal Desire.

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