Criminal Defense Attorney - Legal Advocacy That Will Represent Your Best Interests

A good criminal defense attorney not only defends their client's to the best of their ability, they also provide the client with the professionalism and compassion they need to get them through their entire legal process.

Being charged with a crime may be one of the most difficult challenges a person will have to face and having a lawyer that is caring, forthcoming with information, and supportive will help relieve stress from the client so they can get through the process without falling apart.

If you are charged with a felony or misdemeanor offense, consulting with an experienced attorney will help direct you on how to proceed. Whatever the situation is that calls you to need the services of a criminal attorney, it is best to hire the attorney as soon as possible to protect your rights.

If you have been charged with a crime, a professional and well-trained criminal defense attorney may be able to negotiate with the prosecutor to dismiss the charge against you or at least get it reduced. If no charges have been filed against you yet, the prosecutor might be able to be convinced by you lawyer not to file charges against you or to lower the charges.

Some of the topics you may discuss with your lawyer during your first initial consultation concerning the charges filed against you may include:

- The type of penalty you may be facing
- The cost of the attorney fees
- Ways you can avoid a criminal record
- Whether to go to trial or make a plea
- The maximum jail time associated with the offense you are currently charged with

The best criminal defense attorney to hire is from a law group that will treat your case with the uniqueness it deserves. A law firm that uses of photography experts, private investigators, and additional experts to conduct their own investigations, is one that is serious about giving their clients the legal representation they need to prove their case.

Choose a law group that will be available when you need them, which mean they will work around your schedule and will be available weekends, and nights when you make an appointment. They should always keep their phones lines open 24/7 so they can provide you with the help you need when you need it. Some of the cases your criminal defense attorney may specialize in include traffic violations, DUI cases, domestic violence cases, probation violations, and much more. Call, schedule, and initial consultation to speak with the criminal attorney or visit their website and click the "FAQs" tab for more information.

With support from a criminal defense attorney tampa  defendants can fight their charges with confidence. Don't play around with the justice system, hire a qualified lawyer:  http://roothlawgroup.com/.

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Does Longer Deliberation at the Supreme Court Predict ObamaCare Over Throw?

It is generally considered by criminal defense attorneys that the longer the deliberations take, the better their chances are of getting their client off, and the jury coming back with a not guilty verdict. Now then, let me ask you another question; does this is same theory hold true with the Supreme Court? When they are deliberating does the amount of time they spend on something correspond to their decision, or outcome of the case? Is it the same or similar in theory to that of what criminal defense attorneys know to be the case based on statistical history of such?

Now then, right now the Supreme Court is deciding the ObamaCare case, and they're going to determine if it is unconstitutional. Those of us that understand the Constitution realize that from a strict sense, it doesn't have a chance of being upheld, but we also know that the Supreme Court is made up of political appointees, and the Supreme Court probably doesn't want to hear cases which are so controversial that it could start riots or fighting in the streets. In this case, if the court decides ObamaCare is unconstitutional, or that parts of it are, there are political implications and we are in an election year.

It would seem to me in this case that the Supreme Court would wish to draw out the process to make it look as if it was a hard decision even though it is rather cut and dry when it comes to the constitutionality of this case. Further, the political appointees that have come from Democrat administrations would probably rather not rule against The Affordable Health Care Act, a.k.a. ObamaCare, as they will feel as if they have deeply betrayed their party and political affiliation.

To make matters worse, both sides of the aisle are expecting a certain verdict, and the Supreme Court will be criticized either way. For instance, political pundits like myself will criticize them if they allow the non-Affordable Health Care Act to remain intact, and folks on the other side of the political spectrum will complain if they nix the law. The Supreme Court is in a no-win situation, as far as popularity contests go, but the highest court in the land is not supposed to be a popularity contest, it is supposed to deal with constitutionality of the cases which are brought forth.

This is why these justices are able to serve for life, so that they can remain above the fray of politics, and not be pushed around by political rhetoric. Still, the reality is they are still human, and they are influenced by the media, the politics in Washington, their love of country, and their own personal views of how things should be in a perfect world. This will be interesting. Indeed I hope you will please consider all this and think on it.

Lance Winslow has launched a new provocative series of eBooks on Politics and Economics. Lance Winslow is a retired Founder of a Nationwide Franchise Chain, and now runs the Online Think Tank; http://www.worldthinktank.net/

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Criminal Law and Drug Crimes

Have you or a loved one been arrested for a drug crime? If so, you must know this is a very serious offense. It's not something you will be able to handle yourself. You will need to hire a good criminal law attorney who knows the laws when a drug crime has been committed.

One of the reasons why the law prosecutes drug criminals so heavily is because violence often accompanies the crime. Drug addiction is an evil which changes the lives and personalities of people. They do things they would not ordinarily do.

Because of all this, many states have waged war - on drugs and offenders. The destruction trail which drugs forge is well-documented. Attorneys who specialize in criminal law know, more than anyone, what drug addiction can do to a life and a family. They work tirelessly to help the drug addict avoid great loses such as his freedom, his family or his life.

If you're convicted of a drug crime, you may face a lengthy prison term, heavy fines, probation and service in the community. You must also enroll in a drug treatment course.

A good attorney may also obtain a plea bargain for the person arrested for the drug crime. A plea bargain is an agreement between the prosecutor and the defendant. The defendant agrees to plead guilty in exchange for a reduced charge. This is common and is often used to avoid an excessively long and expensive trial period.

If you're using drugs, you must be aware of these other consequences:

- You may have a lifelong criminal record.

- Your career opportunities will be diminished or may even be eliminated.

- You may not be able to obtain employment ever again.

- Certain licenses will be unobtainable such as driving certain vehicles or owning a firearm.

- You may not be able to get a travel visa.

- Socially, you may be discriminated against in your neighborhood or with friends and even family.

- After your time of sentencing is up, if you ever get arrested again, you'll be dubbed a repeat offender and your penalties will be stiffer.

A word of advice if you or someone you know has been charged with a drug crime - don't make another move until you've contacted an attorney.

It's been estimated that almost 70% of people already in prison in America are there due to drug-related crimes. Whether your crime is related to marijuana, distributing drugs, selling to minors or possessing any narcotic, a criminal law attorney is who you will need to defend your case. Even if you've been charged with a drug crime, you still have rights according to the Constitution. You need to have those rights protected.

Drug crime convictions can be frightening and very serious. But, with the right criminal law attorney by your side, it can be less scary and hopefully have a positive outcome.

Las Vegas criminal law is a serious matter that deserves serious help. Be sure to make a call to http://www.zentzlaw.com/

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Understanding Consumer Credit Lawsuits

In these troubling economic times, people are having trouble meeting their monthly payment obligations. The cost of living is rising along with unemployment and underemployment. As a result, people borrow more and more to meet their monthly needs.

This vicious cycle usually results in extensive credit card debt and a further inability to pay these bills. Unpaid credit card debt eventually becomes a collection account and culminates in a consumer credit lawsuit. Being sued is a very scar proposition. Understanding the process can go a long way in protecting the debtor's rights and taking proper action.

Summons and Complaint

As with any lawsuit, the initiation of the process starts with the "Summons and Complaint." These documents start a lawsuit and contain the allegations being laid out against the debtor. Consumer credit lawsuits must be labeled as such and must be served on the debtor. Service can be in person or by some alternative method prescribed by the law in that jurisdiction.

In addition to service on the debtor, a copy of the Summons and Complaint must be filed with the proper court.

Once served, the debtor will have a specified time to respond, also defined by the laws of that jurisdiction. The response is known as an "Answer" and if nothing else, prevents a default judgment from being entered.

Judgment

The goal of any consumer credit lawsuit is a final judgment. This judgment is a court order that drastically changes the legal rights of the creditor and the debtor. A judgment could be awarded subsequent to a successful trial or motion or by default if a debtor fails to answer the complaint.

The court ordered judgment changes the relationship of the creditor to the debtor as new legal remedies become available to the holder of the judgment. A judgment debtor may be subject to asset seizure and/or wage garnishment. This process is usually "executed" by local law enforcement on behalf of the creditor. This execution is a highly intrusive remedy and can cause embarrassment and hardship in addition to financial distress.

Debtor Protection

Prevention is obviously the best protection when it comes to debt accumulation and potential collection actions. Unforseen circumstances do happen and sometimes financial hardship is unavoidable.

Debtors that receive a consumer credit lawsuit should take action. Answering a lawsuits not difficult and it can go a long way towards protecting a debtor's rights. Of course, it is always advisable to consult with an experienced attorney before doing anything.

If a judgment has already been entered, a debtor's legal rights are severely limited. Often viewed as a last resort, bankruptcy is an excellent option for fighting back and shielding debtors.

Chapter 7 bankruptcy or chapter 13 bankruptcy will invoke the automatic stay, stopping all creditor action dead in its tracks. Bankruptcy can stop asset seizures, wage garnishment and extinguish the judgment.

All too often, people experiencing financial hardship bury their heads in the sand and ignore the compounding issues. It is important for debtors to take a stand and take action when necessary. Unpaid debt can quickly escalate into a default judgment.

Debtors need to make sure they face their creditors and protect their rights.

Frank Pipitone helps people file bankruptcy in Long Island. His practice focuses on all issues relating to consumer protection and debt resolution.

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Divorce Attorney - Negotiating to Get You the Settlement You Deserve

If a divorce is in your near future, it is important that you choose a well-respected, trusted divorce firm that demonstrates courteous, ethical and professional service to all their clients. The divorce attorney at this firm will have the knowledge of divorce law and be qualified to offer you advice and guidance through your entire legal process. The attorney you hire should have extensive experience with handling divorce cases in the area you reside. This lawyer will benefit your case by having knowledge of what to expect from the judges in your area.

One of the things you should be able to do with your divorce attorney is communicate with them. Although people may think this is a given because they may feel in order to effectively represent a case, an attorney must communicate with the client, however, the number one complaint of clients against their divorce attorneys is that they do not effectively communicate with them. Your lawyer should be prompt and accessible in responding to your requests for meetings, emails, and telephone calls.

Another important benefit your divorce attorney can provide for you is interacting with your spouse. Divorce is stressful, emotional, and frustrating at times, and can become impossible to finalize civilly without a legal mediator. Your attorney will work directly with the opposing team in order to reach an agreed upon settlement as quick as possible. They provide you with the assistance that will help you avoid corresponding with your partner until the final court day is reached so you can finally come to the end of your marriage. Without the aid of your attorney, there might be manipulating and arguing by both parties, putting one individual at risk of ending up with an unfair outcome. Topics such as children, money, and property are top issues within a divorce, and with the help of a competent divorce attorney, all of these get fair consideration.

Although it might seem that many parts of our life is unfair, getting the help of an experienced and professional lawyer will ensure you are treated fairly during your divorce proceedings. It can be virtually impossible to get through life-altering life experiences without the help of others. Your attorney will spend the necessary time on your case gathering all information relevant to your case so they can represent you effectively. After a thorough analysis of your case, they go on to complete the paperwork no one else wants to do. Hiring a professional divorce attorney will help you be prepared for your case and help you get an outcome you deserve. All you have to do to get things in motion is to call and set up an appointment to discuss your case.

A greenville divorce attorney can help couples avoid a messy situation. Make sure your rights are protected and everything goes smoothly: http://www.guestbrady.com/.

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After the Auto Accident: Attorney and Insurance Must-Haves

Of the millions of cars driven around the United States each day, at least a few are bound to collide with each other. Car collisions are unwanted by all drivers, yet most Americans are bound to experience at least one of them in their lifetime. While a good portion of these mishaps on the road are simple fender benders where mostly cosmetic damage is found, it is important to stay alert on the scene and follow a few important steps that can keep a small problem from becoming a big hassle. Gathering some basic documentation directly after a collision can keep things clear when working with your insurance agent, local police, and your auto accident attorney.

It's always important to remember that before worrying about details and paperwork, you should assess the situation after a wreck to confirm that all involved are safe. If you are injured or find the other party is injured, it's important to call 911 as soon as possible. If none involved need medical attention, it may be sufficient to call the police to report the wreck to a non-emergency number. Remember, if someone involved in a wreck cannot move themselves, they should only be moved by a trained medical professional.

It's also important to move cars from the scene of the collision if they are in danger of being hit by other cars. If possible, take pictures of the aftermath with a camera or, if safe, leave the wreck as it is until the authorities arrive. A visual record of the scene of the collision can be useful to your auto accident attorney should a dispute arise in court. Often in stressful situations as a collision, the parties involved cannot remember exactly what happened and when. Any solid evidence at all can help determine who (if anyone) is at fault.

While anecdotal advice is less helpful than photos or even video, it can help clear up ambiguities as well. Once you've established a safe situation, you'll want to get the information of anyone who may have witnessed the impact. With any luck someone will have seen what happened and offered you help, and a police officer will likely want to get a statement depicting the event as they saw it. If they can't stick around (or even if they can), you should ask for their contact information for later reference. Also consider other resources, such as a nearby business with a camera that may have captured the event. To a police officer and an auto accident attorney any source is better than none, so look around and be resourceful before you leave the scene.

Once you've gotten as much documentation as you can, you'll want to be sure to exchange insurance information with the other driver. Your insurance company and auto accident attorney will need this information as well as any police documentation and records. Generally, anything that you want to remember after the wreck you want to have written documentation of, so be thorough and be persistent if you must. Collisions can be stressful situations, so take your time. A bit of patience and thoroughness can go a long way in even the simplest of wrecks.

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Tips for Traveling Abroad With a DUI Conviction

This upcoming summer provides many opportunities for weekend getaways and extensive travel. In order to make your experience go as smoothly as possible make sure you have all the necessary documents and information when planning a trip abroad. One important thing to remember is that holding a criminal record may bar you from visiting some nations. A DUI is a criminal charge and certain countries will not let you enter their borders if you have a DUI on your record. This simple mistake can render you criminally inadmissible to foreign nations.

In order to not let travel opportunities pass you by, it is important to have all the information before making plans. According the United States Department of State, Canada is one of the nations that does not allow U.S. citizens with a DUI conviction across their boarders without first obtaining a special waiver. Canadian law is more severe than American law for first time offenders, as according to their laws a first time offender must pay $1000 fee and are subject to a 12 month driving suspension. A DUI is considered a felony in Canada whereas in the United States a first time offense is a misdemeanor.

The Department of Canadian Citizenship and Immigration also advises travelers that those who were convicted of a criminal offense may not be able to receive a waiver to enter their country for travel purposes. Their laws require at least five years to have passed before you can submit an application for pardon. Ten years to have passed before a pardon can be issued without an application but the individual must have been convicted of only one offense. The process of applying for a pardon is extensive and requires you to work with a Canadian immigration representative as well pay a $200-$1000 application fee depending on the severity of the crime.

If you have been convicted of criminal activity that is classified as a misdemeanor, it may be considered a felony in Canada. While not all nations have such restrictive rules regarding entrance into their borders, if you have been convicted of a DUI or have been charged with any other crime that is a misdemeanor traveling abroad may be more difficult for you. Getting a pardon is an extensive and time consuming process, your travel plans may be put on hold with the time it takes to get a pardon. Do not let a DUI drastically interrupt your life!

Attorney Charles R. Green is a Kansas City DUI attorney who aggressively fights for the freedom of his clients, as well as their criminal record and their reputation. His firm can help you if you have been recently charged with a DUI. Since 1993, they have been aggressively defending individuals who have been criminally charged, including those facing an arrest for suspected drunk driving. He holds licenses to practice law in both Missouri and Kansas and may provide you with options or chance to reduce the damage. To learn more about how he can help, do not hesitate to call today or visit his website.

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Having a Good Criminal Defense Is the Only Way to Go

When you are facing a conviction, you need to hire a good criminal defense. If this is your first time being involved in such a situation, you need to do everything in your power to make sure that your case is resolved in a manner that works best for you.

In order to get a good criminal defense, you may need to hire several criminal defense lawyers. Instead of just relying on one, you will have the brains of several that each brings a fresh and unique perspective to your case. By having more than one legal expert at your side, you have better odds of winning your case. So if you find that you are facing more than one criminal charge, you can rest easy knowing you have some of the best lawyers around.

Even though you may have committed a crime that does not mean that you don't deserve to be defended. You still have rights and until you are legally convicted, you are also innocent. If you are being charged with any type of crime, you should take every precaution and find an attorney or two to represent your case. A good legal team can take an in depth look at all of the laws that are surrounding your personal situation and determine what approach to take to prove your innocence.

Now even if you feel that you would be better off saving money and using a court appointed attorney, you have a higher percentage of going to jail with a court appointed attorney. You need to have a legal team that is vested in proving your innocence. They will be more concerned about winning your case than about the amount of money they will earn. By taking an active interest in their clients, good criminal defenses make a world of difference when it is time for you to fight a criminal case.

No matter what your criminal history is, a good criminal defense can do some good. You may not be able to completely avoid getting any jail time, but you can avoid receiving a lengthy sentence. All you need to do is be honest about your entire situation and the circumstances that involve your case with your legal team.

Under no circumstances is it okay for you to disclose any details about your case with anyone but your lawyers. To do so will jeopardize your case and can result in a loss of a good legal team and a negative blemish on your criminal record. If you don't want to go to jail, you need to makes sure you have the best defense in town.

If you have several prospects and are not sure of who to hire, you may need to use some other methods to determine which team you should go with. Once you have hired your choice of legal experts, you can rest easy knowing that your case is being handled by the best in the field.

To hire a lawyer for criminal defense baton rouge  residents can look to a trusted local professional. It all starts with a simple consultation:  http://josephkscott.com/.

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Benefits of Obtaining Legal Help in Your Area For Applying for Social Security Disability Benefits

If you find yourself in the process of applying for Social Security Disability benefits, you may benefit by obtaining a legal advocate from your area If you plan on going it alone, there are some disturbing facts that may make you want to change your mind. According to the Social Security Administrations Annual report in 2006, less than 33% of workers that were disabled actually obtained the awards for the claims they were seeking. This means that over 66% of disability claims are declined the first go around. The denial rate actually increases at the reconsideration level.

What is the Disability Program? This program typically awards benefits for those that have become disabled in their line of work. Since they are disabled, they are now limited in their ability to perform the required job functions. This is what the Social Security Disability program deems "substantial gainful activity." In other words, because of the disability, a person is no longer able to work at full capacity to earn an income.

In order to be considered for Social Security Disability claims, you must be able to show that you have previously been insured. Generally, if you have worked long enough, you should have contributed enough money to be Social Security program. The program then determines your eligibility.

Working with Social Security Disability Attorneys from your area can help increase your chances of successfully receiving benefits. They can help you and keeping your medical records and other documents together. Without them, it may be difficult to prove when you have actually become disabled on-the-job. You must be able to prove that you have been unable to obtain gainful employment due to physical health problems or mental impairment for 12 consecutive months just to be considered for disability insurance. That means that if you have other issues like alcoholism or substance abuse you will not be considered.

A claim for Social Security Disability Insurance is approved by an Administrative Law Judge or the Social Security Administration, and if you are approved, you will likely receive regular payments. There is also a term called the "five-month waiting period" that signifies the first benefit payment because of this set around the time that a person's disability has surpassed five months. There are other scenarios where you may also receive smaller awards if you received the disability at a younger age.

Since the economy has been in the doldrums in the past couple years, there has also been an increase in Social Security Disability Claims. This means that the barriers to receiving benefits have been increased. If you are denied benefits from your initial claim, you have 60 days to request an appeal that must be in writing. If your claims were denied based on medical issues, there is an option to apply for an appeal over the Internet.

There are four levels in the appeal process. They are:

Reconsideration

Hearing by an Administrative Law Judge

Review by the Appeals Council

Federal Court Review

When you go through the reconsideration process, you must know that reviews by people that were not involved in the first denial decision. By working with Social Security Disability Attorneys, you have the opportunity to submit new evidence that may have been omitted the first time. Their expertise will help you get around the hurdles you may experience yourself. It is better to rely on their expertise so that you get the best representation that you need.

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Should You Hire An Attorney For Traffic Violation Mishaps?

If you've received a ticket, are you wondering if you should hire an attorney for traffic violation mishaps? If so, hopefully this short article will be able to simply guide you.

Many people often wonder if it's to their advantage to even consider hiring a lawyer who is an expert in traffic laws. It's very possible to represent yourself in a court of law if you do your homework. It's probably more likely you will stand a better chance of success in your case if you hire a lawyer who knows the law.

The most obvious disadvantage of hiring a lawyer has to be the money you will pay him. He's certainly not going to help you for free. This fact alone prohibits many people from seeking their help. It can be very expensive.

In my opinion, the times I would definitely seek a lawyer's help no matter what it costs would be the following:

- If I was going to lose my license.
- If I was facing a jail sentence.
- If my fines were extremely heavy.

Otherwise, if my violations weren't so major, I would most likely try to defend my own case. And, keep in mind, even in some cases even though you hire an attorney for traffic violation mishaps it doesn't guarantee you will win your case. If he loses your right to fight the violation, you will still have to pay his fees as well as the court fees.

I'm certainly not trying to dissuade you or scare you in regards to your violations. These are definitely serious issues that need to be resolved with the most beneficial help you can afford. I'm just seeking to list some pros and cons of either hiring an attorney for traffic violation mishaps or not.

Another great reason for hiring one is if your ticket was received in another state than in which you live. Your injuries, if any, and job schedule may not allow you the freedom to visit the court in the other state at the times required. It would be great to know someone can represent your case when you cannot.

If you choose to represent yourself in court in the state you reside, here is a small list of preparations which will greatly benefit you:

- Take pictures of where you got your ticket of signs, road conditions, etc.
- Write out a detailed events timeline of the violation situation.
- Be prepared with some probable reasons why the officer in charge interpreted the facts as he saw them.

Bottom line?

Be prepared for anything. The severity of your case will be the determining factor whether or not you hire an attorney for traffic violation mishaps. As stated before, there are certainly some major cases which will require the expert assistance of a good traffic lawyer. But in other, more minor, cases, it's fairly safe to say you can defend your own case and save your money for other worthwhile purposes.

Obtaining an ashburn ga attorney for traffic violation  cases can help you avoid fines and higher insurance costs. Keep money in your pocket and your car on the road:  http://www.ticketforspeeding.com/.

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Sustained Injury While Working at the Company's Factory? File an Accident at Work Compensation Now!

Unlike the common road mishaps, which come into immediate notice where victims take instant actions, the workplace mishaps are sometimes overlooked. One of the key reasons as to why these mishaps go unnoticed and victims deter from taking any legal step is because they are unaware of the conditions and situations under which a legal action can be taken. Most of the employees think that they can file for compensation only if they have been a victim of some slip or trip or injured while handling some faulty work equipment. However, the fact is that you can file aver even if you injured yourself at the factory or the warehouse of the company, for no mistake of yours.

The fact is that the factory settings by and large have a very large space filled with heavy equipment, specialized machinery, and a large factory worker base. The factories at generally very crowded; consequently they are the site for numerous mishaps. An injury at work can happen at the factory because of improper training and guidance. It can also happen because of deliberately cutting corners on rules to cut factory costs or because of using faulty machinery, or because of inappropriate maintenance and servicing of the equipment. Sometimes these mishaps also occur due to improper storage of chemicals and tools or when there is a violation of any safety norm.

These factory mishaps can lead to several injuries such as noxious exposure, head injuries, whiplash, broken bones, physical wounds and psychiatric damages, which can become a reason for distress and ordeal. And if you or someone close to you has suffered because of a negligent factory mishap and met grave injuries at work, you should file for a compensation claim and get recompensed for your physical and financial loss.

There is no denying that most factory personnel and employees know that there is some level of hazards and perils involved in their routine work, but just like all other workers, even they have the lawful rights to work in a safe work environment that meets all safety standards. Hence, your employer has to ensure that your company offers a harmless employment setting, which is free from any vulnerability and risks; thus, dropping the probabilities of accident at work.

However, if you have been wounded in a factory mishap because of someone else's negligence or because your employee did not follow the set standard of care, then your company or its owner may be legally responsible. So, delay no longer, seek the assistance of an expert attorney, file for a compensation and get the recompense for your damages and injury.

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How To Make Case Briefs

Digesting cases is a must in the college of law, this is actually regardless if it is being required by your professor or not. Once cases are assigned, a law student must observe due diligence and read these cases.

For freshmen law students, you may be wondering how to make case digests or case briefs. Well, there are a few things to remember and they are:

Be aware of the specifics of the case or the syllabus concerned. In one case alone, there could be multiple topics i.e. Political Law, Remedial Law, Civil Law and there could be as many sub-topics i.e. for Political Law there could be Police Power and Eminent Domain. Knowing these can properly guide you with the "theme" of your digests. But usually, you will not have a hard time with this because once cases are assigned; your professor would have specified these in his handouts.
Read the full text of the case. And when I say read, don't just breeze through it. Try to understand it the first time. This will save you time because if you understood it on the first reading, you won't have to keep going back just to read it all over again. Highlighting important texts of the case which are related to the topic you're on will help you have a coherent grasp of the case.
Now after reading the case in full, you're now ready to write your digest. In a "formal" case digest, there are five parts which are:Caption - This is just the title of the case. It can be as plain as "People vs Juan de la Cruz" or detailed to include the SCRA number, GR number, ponente and the date.Facts - This portion is to supposed to answer the "Who, What, When, How, Why" stuff of the case.Issues - This is the legal conflict or the legal controversy sought to be resolved by the Supreme Court.Ruling - This is the decision or jurisprudence laid down by the court.Concurring/Dissenting Opinions - These are not always present in all cases and normally they do not place any significance to the current ruling being discussed (but they may serve a significant role in future Supreme Court decisions especially when doctrines are reversed or totally abandoned). These opinions may also be an additional explanation as to how certain justices voted, the wisdom behind their votes, and as to how the decision is reached. Be very wary because some professors would also ask questions pertaining to these opinions - especially when such opinions are adopted as the general rule in some future cases. (I'll discuss this part, a to e, in more detail in an upcoming article).

4. Other things you may want to consider may include: how your professor conducts recitation, is your professor more of a "facts" guy or a "court ruling" guy; either way, you can custom make your case digests in a way that will make you remember the facts and the jurisprudence of the case. Some students prefer replacing the "characters" with letters like "X" and "Y" but that may not sit well with other professors especially if they are meticulous with the facts of the case.

Howard Chan is the founder of UberDigests.info, a website that provides case digests of various landmark decisions provided by the Supreme Court.

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The Best Way To Get Online Legal Advice

Getting legal advice is not an easy task. There are lots of laws and statutes that are unknown to people. It is common that people take inappropriate steps and then have to face the consequences. Therefore, it is always recommended that a person should get some legal advice before entering into any sort of legal procedures.

These days, a new method of getting legal advice is available. Online legal advice. The method is based on a very simple process and so far has helped countless numbers of people in many ways. One of the greatest advantages of this type of advice is that you do not have to find a lawyer in the busy streets of your city. With online legal advice, you can search for finest lawyers and get advice from them easily by surfing the internet.

It is really that simple.

Although this method is simple, it is not always helpful. You may become a victim of some bad advice. Therefore, you need to choose only the best law firms to get online advice from.

Now, the problem is finding such a company. And it's hard to know which ones are actually good and which ones don't apply, or are just simply incorrect. Follow my guide to find the best online legal advice:

Always seek with discretion. As a layman you might not automatically know if something is correct, so imagine it isn't until you get it verified elsewhere. This is a sanity check really. Just making sure that the information you're getting and possibly using is right after all.
Once you find an online legal advisor, you must check out the potency and trustworthy nature of the lawyer. This is really important that you should check these things properly. There is an easy method of doing that. You can check out reviews about the advisor and check out the ratings that people have given him or her. Most sites are going to have testimonials on them and if they haven't got testimonials, maybe you should wonder why.
You should always go for the free services at the start. The reason is that if you spend some money on this and you do not get any benefit, it will be a complete waste of time and money. And will put you off finding somewhere where you can get perfectly good information.
The final thing that you need to do is research. Check out local consumer groups, watchdog websites etc.

Using these techniques you'll soon find out who in the legal field you can trust and get all the advice you'll ever need online, safely and securely.

Here is a great place to get excellent legal advice and they also offer a no win, no fee arrangement.

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Employing Non-EU Workers - What Employers Need To Know

Employing overseas workers who come from within the European Union is a relatively simple process these days, and doesn't even require a work permit. Employing non-EU workers is a more complex matter however, and employers need to pay special attention to the regulations concerning this.

Checking Employees Rights To Work In The UK

In order for someone from outside the EU to legally work in the UK, they must have the right to do so. This takes the form of a work permit or similar document. Generally speaking a 'work permit' is a commonly used and informal way of referring to an individual's right to work in the UK. As their employer it is your legal duty to ensure that they have the correct documentation and that it is genuine.

If you knowingly employ a non-EU worker who is over the age of 16 and, "is subject to immigration control and has no permission to work in the UK," or who, "works for you in breach of their conditions of stay in the UK," you will be committing a criminal offence under the Immigration, Asylum and Nationality Act 2006.

Even if you were not aware that the employee did not have the right to work in the UK, you may be liable to pay a civil penalty of up to £10,000 per worker. However the exception to this rule is if you have carried out the specific checks on the worker's original documents which demonstrate their right to work in the UK. If the person's stay in the UK is time-limited then you are required to re-check these documents every 12 months. The official list of acceptable documents which can be used to check an individual's right to work in the UK can be found here.

Points Based System

In most cases, a non-EU national will need to apply for the right to work in the UK under the points based system currently used. This operates on five tiers as follows:

Tier 1 - Highly skilled workers
Tier 2 - Skilled workers with a job offer
Tier 3 - Low-skill workers filling temporary labour shortages which are specific in nature
Tier 4 - Students
Tier 5 - Youth mobility and temporary workers

Tier 1 workers are generally able to stay and work in the UK without having a specific job offer, in many cases non-EU nationals must be sponsored by an employer. If you plan to do this you must first check that you are able to do so, and then apply for a sponsorship licence from the UK Border Agency. Extensive information pertaining to this is available at the Home Office's website

Once you have acquired your sponsorship licence you can issue prospective workers with a 'certificate of sponsor', providing that they meet the points requirements needed to live and work in the UK. Points are awarded based around factors such as qualifications and skills, ability to speak English, expected salary etc.

As a sponsor of a non-EU worker, you are legally required to uphold certain duties to ensure the integrity of UK border controls and immigration regulations. Details of these can be found here.

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The Will's Executor - Carrying Responsibility

If you have been named as an executor of a will, you may be wondering what your responsibilities are. An executor is typically named as such in the will or in another legal document, and is the person responsible for overseeing that the last wishes of the deceased are carried out. This is not an easy task, and it also includes making sure that all of the assets are disposed of properly, paying off the taxes out of the assets, visiting with family and friends who are named as inheritors, and generally taking care of all of the little details that a death necessitates.

If you were named as the wills executor, then this means that the deceased trusted your integrity enough to put the responsibility of their asset's dispersal in your hands. It is a heavy burden at times, but is also an honor. You may need to visit with an attorney to make sure that you follow the legal protocol properly, as things can be very confusing, particularly if there are many beneficiaries or if it was a large estate. You may also need to be prepared to meet with opposition from the inheritors as well, and so you may need additional legal advice.

Often, the will's executor will be responsible for sending the will to probate, which is where the courts will look over the documentation and decide upon the dispersal of property. The executor must stay abreast of the probate, and may have to oversee the sale of property, pay real estate taxes, death taxes or any outstanding debt out of the deceased person's assets. Usually, these taxes will be paused until the assets have been sold and liquidated, and at that time, the debts and taxes are taken out of that sum. Only then can any money be transferred to inheritors.

If there is no will, but an executor has been named, this may make the job much more difficult, as the executor now has to try to guess what the deceased would have wanted. In addition, without a will, the executor has far fewer legal rights and may have more of a burden on their hands when it is time to disperse the assets and property. Even under the best of circumstances, the executor will have quite a task on their hands, but a will can make things much easier for everyone involved. Don't take chances - make a will.

Visit http://www.docuvital.com/ today to better understand the necessary steps to take as a wills executor. Docuvital simplifies the executor of a will duty to create a seamless and completely safe way to organize final affairs.

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Criminal Defense Attorney - Protecting Your Rights Through Legal Representation

If you have been accused of drug crimes such as drug possession, drug distribution, drug trafficking, prescription drug offenses, or additional drug crimes, you may face the possibility of a lengthy jail or prison sentence, Community Control, home confinement or probation. Even the fact that you have been accused or charged with a crime could have social ramifications and damage your reputation. It could cause you to lose your job or be placed on suspension if you work in an environment where others can be affected by the alleged crime you have been charged with. For this reason, it is important to hire a respected and reputable criminal defense attorney to represent your case. You are going to want the best type of representation handling your case because you have so much at stake.

Being convicted of DUI can also be very detrimental to your plans. With a few of these convictions under your belt, you could face losing your job, home, and your freedom. Hiring a competent criminal defense attorney can help protect your rights and get you the help you need. Instead of jail time, your lawyer may be able to negotiate with judge and prosecutors so you can be enrolled in a rehabilitation program. If you are innocent of the DUI charge against you, your lawyer may be able to uncover evidence that will exonerate you in court. By conducting their own investigation of your case, your lawyer may be able to uncover mistakes made by the police officers, faulty breathalyzer equipment, unlawful blood samples taken, and much more.

Aside from fighting for your rights in a court of law, a criminal defense attorney may be able to get your court records sealed & expunged. After having gone through the stressful process of being arrested and going through a criminal prosecution, your records are now open to the public. These records will follow you the rest of your life and can be easily accessed through the internet. This can affect your ability to secure a loan, apply for entry to school, be hired for a job, or rent property. You can contact a reputable criminal defense attorney to learn if you qualify to get your criminal records expunged or sealed.

A criminal defense attorney may also specialize in domestic violence, traffic violence, assault and battery cases, probation violation and much more. Call and schedule a free initial consultation so you can discuss your case with the lawyer and find out if they are able to represent you.

Before hiring a criminal defense attorney Tampa residents should schedule a consultation and do their homework. Start the process by going to  http://roothlawgroup.com/.

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Find A Business Attorney For Your Start-Up

Starting your own establishment can be a major endeavor. It takes a lot of money and a lot of work. There are probably a lot of things you should know about that you might not consider if you do not hire a business attorney to help you. It is a good idea to have this type of law professional on hand even after your initial start-up because through the ownership of your establishment so many issues can come up unexpectedly whether law suits or employee issues.

There are some things you should take into consideration as you look for a business attorney. The positive and negative experiences of a law professional are very important for you to know about. It is also important to know where they went to college and whether they had a good standing there or not.

After you find out the background of the employees at a firm, it is a wise thing to meet with them individually or as a group. As you meet them some areas to look at could be their customer service, empathy, and their ability to be a powerful presence in the courtroom.

They should show you as a possible client respect, and they should be open to your ideas. It is good to have a confident law professional, but make sure that you do not sense a negative stubbornness that could get in the way of you working well with the firm.

Once you do choose a business attorney to help you in your establishment start-up, it is important that you also offer them the respect of their position and experience as well as a flexibility to listen and talk about their ideas. Many of these business professionals have likely dealt a great deal with people just like you, so they probably know all of the negative decisions you could so easily make as you are dealing with the finances, customers, and employees at your establishment. Be sure to keep an open mind.

The cost of hiring a business attorney should be a consideration as you choose the right one. A law professional without as much experience may not charge as much to help you, but if you choose to go this route, you should make sure that they have experienced people on hand to talk to for counsel. In difficult economies such as today's it might be a daunting task to open your own establishment. If you have the right spirit however and the right people behind you then you should be able to accomplish a great deal.

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Have You Found an Attorney Yet?

Finding a good attorney can be like finding a needle in a haystack sometimes. It may seem like the more you search, the less likely you are to find a good lawyer. Don't give up and continue searching. If you want to beat your case, your time is a minimal expense when it is compared to the consequences you are facing if you lose your case.

Sometimes the best way to find a good lawyer is not by looking through a phone book. With the way that technology has advanced and the rate that the internet is becoming the new yellow pages, you could find some very good prospects online. You can also research any attorney you are thinking about hiring before you even schedule your first consultation. Not only does this save you some time, it also saves you money as well.

Have you ever taken an in depth look at the statistics of those who had their cases tried in court with an attorney and those who have had their cases tried with them defending themselves? If you haven't, then the most important thing to note is those who enlisted the aid of a lawyer won their cases and was often awarded compensation that exceeded their original expectations. If you want to win your case, you won't mind taking the time to find the right individual or law firm to offer you guidance.

After you have met with all of the lawyers on your list of possibilities, you find that you still are not sure about who you want to hire, you need to ask for some references. References are great because you can talk to some previous clients of any lawyer you think is promising. Their previous clients can fill you in on their experience with that particular lawyer. They don't have to let you know about all of the details regarding their case, but they will be able to tell you whether or not they had a good experience and whether or not they would hire that lawyer again.

It is always a good idea to hire legal counsel when you need to go to court. The legal system is very complex and laws are very complicated. The average person's knowledge of the law isn't very extensive and in order to be able to beat the opposing side, you have to know the laws like you know the back of your hand.

Being legal savvy means that you know when you need to hire a good legal team. If you are constantly looking for excuses as to why you don't need a good attorney, then you are not serious about winning your case. Nor are you serious about your situation. The legal system is not one that you want to get caught up in. You want to get things resolved as soon as possible so you can move on with your life. Whenever you are in doubt about what you need to do for your case, hire an attorney to take the reins.

In Baton Rouge Attorney  services can help you with a wide variety of legal concerns. Don't go to court on your own:  http://josephkscott.com/.

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A Theft Attorney Can Help Protect Your Rights

When people think of a theft attorney or any other lawyers associated with criminal defense, they immediately think the job is about getting criminals off. While attempting to avoid conviction is certainly a part of the task, it is far from the full measure of the career. In most cases, a defense lawyer is primarily concerned with protecting his client's rights. While mounting a defense may be a part of that, it is simply an extension of rights protection. If you have been charged with stealing or fraud, hiring a lawyer is the best move you can make. Here are some of the things you should know about these crimes.

Crimes

A theft attorney will often cover cases of many different types. When most people hear the term, they think of boosting a car or shoplifting, but the field is much broader than that. Cases include burglary, bank fraud, and even writing bad checks. A more recent addition to the field is the crime of stealing someone's identity. With the advent of hacking, identity thieves have carved out a profitable niche in the criminal underworld. Embezzlement and counterfeiting are two other common types of cases. A lawyer in the field may cover some or all of these cases. If you have been charged with a crime of this type, you will want to consult with one.

Shoplifting

One of the most common types of cases a theft attorney will deal with is shoplifting. This crime can take a number of forms. Sometimes the punishment remains a civil matter between the culprit and the storeowner. Sometimes the police are involved. A criminal conviction could result in anything from restitution to fines to a long-term prison sentence. The amount of goods stolen, the defendant's criminal history, and the zealousness of the prosecution will all play a role in determining how the punishment fits the crime. Big discount stores are a common target of shoplifting and they are often ruthless when it comes to pressing charges. Don't assume that you can handle the heat on your own. Depend on a good lawyer to see you through the case.

Finding a Good Lawyer

To hire a good theft attorney, you'll need to know what to look for. Obviously, one of the main things you'll want is a history of successful defense. This may be difficult to find, of course, as prosecutors don't generally try cases they don't think they can win. You want someone with experience with your particular type of crime. Don't hire a lawyer who mostly handles auto thieves if you were busted forging checks. The more relevant experience they have, the better off you'll be.

With a theft attorney Dallas TX defendants will not be exploited by the unforgiving court system. Schedule a consultation with an experienced firm at: http://www.mikehowardlaw.com/.

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The Truth About Free Background Checks Vs Paid Background Checks

You have heard that "you get what you pay" for, and to a large extent, it is true. There are some things in life that you should always be prepared to pay for; like full service for your car, a great hair cut, and a pair of tested glasses. Seriously, if you offered these without cost to you, then you should think about it before you accept. Free background checks may sound great too, but this also is a service you should be prepared to pay for. Although you can get ahead with very basic information on someone, that might not cut it in the long run. A paid background check on someone important to you, is always worth your money.

Now, not all background checks are created equal, as services will vary from provider to provider. However, you can shop around and get recommendations from others who use similar services. Employers constitute a major group of people who should continuously have access to very solid background services, as they are always hiring people. For this group of consumers, free background checks are just not good enough, as the money they save from cutting cost on this vital service may pale in comparison to the huge liability they may face later one, should they hire a person who hurts a customer while in their employment. It is just not worth the risk.

If you are looking up an old friend from high school and you are just curious about what they have been doing since the good old days, then again, you may opt for the free background check service. After all, it makes no difference if they have been good or bad. The same thing holds true if you are mildly curious about a neighbor or a co-worker. It is OK to get sparse information on these people, if there is little perceived risk to you.

If you are seriously interested in the background of a person for business, financial, or social reasons, then you should always consider a paid verification service. The risk of loss to you can be monetary or personal, and today the risk factors seem to climb on a monthly basis. Several years ago, no one had the faintest interest in the sexual history of neighbors, spouses, or friends. Today, the prevalence of sexual exploitation of children in particular, makes it critical to do criminal background searches on people. If you run a day care for kids, you will want to do extensive criminal background checks on the people you hire to help you, or else your entire business could be at risk.

Serious consideration should also be given to doing paid background checks on people whom you are considering dating as well. The sweetest looking lady or guy could spell serious trouble in the future. How do you know your risk factor? It is impossible to know these things without expert advice. It is OK to trust, but you will always want to verify.

Get fast criminal, employment, and personal background checks done for mere pennies buy using our "best practice" service here. Every penny you spend on verifying background information on anyone could save you thousands of dollars in the months ahead. You can also uncover the truth about the 5 most important people you should always do background checks on by clicking here.

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Never Surrender the House in a Divorce

If you're about to file for divorce, think twice before moving out of the marital residence. When the tension is thick enough to cut with a knife, many spouses voluntarily move out of the marital residence. They surrender the castle before considering the consequences of such a move. Many discover too late that surrendering the marital residence will cost them dearly. Judges prefer to keep children in the marital residence. Where both parents want custody and are equally capable of caring for the children, the spouse who remains in the marital residence often times is awarded temporary custody. This often leads to permanent custody.

If the marital residence is ordered sold, the spouse who retains possession often lives in the house for months or even years at the other parties expense. This problem is amplified in these tough economic times as home sit on the open market for years before being sold. While it is possible to draft provisions in divorce settlements to fairly address this inequity, more times than not, this issue is simply ignored.

Because both parties are entitled to remain in the marital residence until a court issues an order to the contrary, it is advisable to remain in the marital residence until you are forced to vacate. Most divorce lawyers say never surrender the castle until you are forced to.

Parties going through a divorce often hide assets for themselves in order to gain an unfair advantage when a Judge divides up the marital estate. Unfortunately courts are reluctant to sanction a party when this attempted fraud is exposed. Consequently, this devious and deceptive practice continues to thrive in American courts.

The most common approach to hiding assets is to merely understate the value of an asset. Sometimes this is done with the aid of an expert witness, who is willing to compromise his or her integrity for a sum of money. Other times it is merely the litigant's personal opinion on the assets value.

A far more sinister approach, however, involves the complete disappearance or non-disclosure of a marital asset. People often empty out their bank accounts just prior to filing and later claim the money was spent on some untraceable expenditure. They also sell assets to friends or family members for a nominal amount in order to set up a sham transaction thereby preserving the asset for themselves once the divorce is finalized. Keep your eye on your eye on your assets, and hold onto that house.

For more information on the best way to handle a house asset in a divorce, please see our site on Geist homes for sale along with details on other options. There are many options to protect your home in a divorce. See more at this web site for more information.

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A Surprising Target Population for Fraudulent Stockbrokers

You may think that you're too sophisticated to fall for the tactics of a fraudulent stockbroker, but if you are nearing retirement age, you need to be prepared for encounters with savvy scam artists, because you are their target population.

Research done within the last ten years by the Financial Industries Regulatory Authority (FINRA) revealed that the primary victims of fraud were actually much different than expected. Most victims were between the ages of 55 and 65. From the eyes of a fraudulent stockbroker, this population is ideal because of the wealth this age group has amassed over their working life. Men in this age group who were college-educated and had above-average income and above-average financial knowledge were frequent victims of fraud.

Victims also shared several personality traits:

• Self-reliant decision makers

• Optimistic outlooks

• Open to hearing sales pitches and about new opportunities

Open and optimistic people are more likely to give people a chance, a trait that scam artists take advantage of. Furthermore, while being a self-reliant decision maker can get you far in life, a fraudulent stockbroker can also take advantage of this trait. They anticipate that you will not seek outside opinions about your investment decisions and thus use your self-reliance against you.

Another common trait of fraud victims was a recent financial or health hardship, which might cause a victim to be more willing to take risks in order to regain a more solid financial foothold. While financial setbacks can be frustrating, you can't expect to quickly earn back money that took years to earn. Falling for a financial scam can cost you even more money.

The findings of the FINRA research make it clear that anyone, regardless of age or intelligence, could fall victim to investment fraud. Investors should always check to see if a broker is registered and check the validity of the proposed investment. You should never believe a stockbroker who says he or she doesn't need to be registered in order to do business with you. Even if a broker is registered, you should make sure that no complaints or regulatory action has been taken against them, which you can do using a free, online tool called BrokerCheck on the FINRA webpage.

If you have been the victim of investment fraud, you shouldn't feel alone. You should contact your state's securities regulator immediately to notify them of the fraudulent activity. Contact an attorney in your area who specializes in investment fraud and securities litigation. There may be other investors just like you who are looking to form a civil suit against a broker.

Patrick is a freelance copywriter with expertise covering various industries. This article aims to help people understand their legal options when it comes to consumer and how they can effectively navigate the system for obtaining compensation and justice. For securities and investment fraud attorney services, please visit http://www.stockbrokerattorney.com/

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What Can a Family Lawyer Do for You?

A family lawyer is someone who specializes in handling cases of legal disputes among family members. These disputes are often bitter and emotionally charged. Therefore, it is important to be represented by someone who has the skill and empathy to navigate these difficult situations. If you find yourself in a dispute with other members of your family which requires legal action to solve, it is vital that you seek the services of one of these specialized practitioners in order to ensure that you are treated fairly by the court not matter the nature of your dispute.

Divorce

One of the most common cases that a family lawyer is called on to assist in is divorce. No matter what your situation is in life, if you find yourself going through a divorce it is imperative that you hire adequate representation. Divorce is often a messy affair, but a skilled attorney can help you to get through it. Moreover, a good attorney will help you to make sure that you are not left in an undesirable situation after divorce with respect to your financial and material security.

Child Custody

A matter closely related to divorce is child custody. One of the primary points of contention in divorce proceedings relates to which parent will have custody of the children. A talented family lawyer will be well versed in child custody laws and will fight for your rights to see and raise your children. In cases of custody, it is vital that you hire a skilled attorney who will do everything possible to ensure that you and your child are protected.

Inheritance and Estate Planning

Another important service that a family lawyer can provide is assistance in estate planning. Nothing is more important that making sure that your family is provided for after your death. Moreover, it is important to know that the wealth that you have worked hard to earn and maintain is appropriated properly after your passing. An experienced attorney will help you to compose the proper documents to ensure that your last wishes are honored and that your family is looked after in your absence.

All in all, a family lawyer can do many things to help you ensure that you are protected in situations involving divorce and child custody. Moreover, an attorney who is experienced in this field will be able to help you to make sure that your affairs are in order prior to your passing so that you can live stress free during your golden years.

A Long Island family lawyer will help you to keep your family together. For assistance, please visit http://www.lmeyerlawfirm.com/

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A Personal Injury Attorney Is Well Worth Their Price

Because of the large number of accidents that occur every day, the job of a personal injury attorney is extremely beneficial to society as a whole. First of all, they give their clients the best chance at being properly represented when they attend their court hearing. More importantly, they assist them in getting compensation that will help pay for the cost of fixing their injuries and for the inconveniences that may have been caused because of someone else's negligence. A personal injury attorney can assist people who have been injured in several different types of cases.

For instance, someone could get into a bad car wreck that was the result of someone else's carelessness. When this occurs, they need someone by their side who would be able to properly represent them and ensure that they get all of the damages that they are due. There are several different ways that someone could find themselves in the aforementioned situation.

A person under the influence of alcohol could be driving down the road, swerving carelessly and unaware of their surroundings. In many cases, this type of behavior results in a tragedy. However, there are times when fatalities are not the result, but major injuries are. This includes broken arms, broken legs or large gashes and cuts.

These types of accidents can also occur due to another person becoming distracted by an electronic device like their cell phone. It's not uncommon to see someone talking on the phone or texting while they are trying to drive at the same time. Contrary to what some people may believe, it's impossible for someone to give their full attention to the road while using an electronic device. This is why these actions often cause bad wrecks and unnecessary harm. So, it's very important for people in these situations to have an advocate who will diligently fight for them.

Getting into car accident with another average-sized vehicle isn't the only thing that would cause someone to need the help of a personal injury attorney. These lawyers are also needed when someone is harmed because of the recklessness of someone driving an 18-wheeler. In actuality, the help of these professionals are needed even more in these cases. That's because 18-wheelers are usually owned by large companies who have their own team of highly-skilled attorneys. Therefore, going up against these corporations alone would be very unwise.

In these types of cases, it takes much more than someone trying to play upon the sympathy of the court. In order to win a case against a big corporation, someone would need hard facts, evidence and an extremely believable argument. The average person can't do this alone, which is why a personal injury attorney is needed.

Because of the great amount of help that they provide, these lawyers shouldn't be seen as expensive liabilities. Without their assistance, many people would find themselves losing a battle that they should've easily won.

Hire a Dallas personal injury attorney that will be on your side during a court case. Find representation at http://www.girardslaw.com/

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The Criminal Lawyer and How They Can Help You

A person can benefit from hiring a criminal lawyer when they have been charged with criminal activities. The lawyer evaluates the case thoroughly and represents their client according to the law. This lawyer also helps the client understand the legal proceedings. The client that has been accused of a crime may already feel overwhelmed and stressed, which may cause them to make mistakes that will be detrimental to their case. A criminal attorney can make the entire legal process for the client run smoother and easier as they help them understand the complicated proceedings. The criminal attorney will have knowledge of all the required formalities and processes. This attorney not only has the ability to handle the legal proceeding professionally, but also can help you understand the process by simplifying it for you.

Your criminal lawyer may also be able to provide you with the extra support you need as you face a situation that has the potential of changing your life forever. This support can come as a huge benefit for relieving much of the stress you have been feeling. It may seem overwhelming and sometimes too complex to understand all that is related to your case; however, a good criminal attorney can keep you updated with all the details of your case.

It is important to hire a lawyer that has good contacts within your area's court system and prosecutors. This can be beneficial to your case because the contacts can become a source of strength for your case and allow your attorney to have an edge in your representation. Your attorney can help your case even before it starts. Then, once your case does start, they represent you by arguing in your defense, cross-examining witnesses, and presenting evidence to the court.

Not only will an excellent criminal lawyer work hard to help you avoid consequences such as prison time, fines, and a criminal record, but also they can work equally as hard to get you the help you might need. If you are dealing with an addiction, they can help get you into a rehabilitation program, and they can even help you avoid jail time by getting the courts to agree to community service. They can also help in areas such as First Offenders Programs, Civil Compromise, getting your criminal records sealed, counseling, and much more. To get the legal representation you need when you have been charged with a crime, call the offices of a reputable criminal lawyer and set up a consultation.

In San Francisco criminal lawyer assistance can be found in the experienced, professional team at http://www.summitdefense.com/.

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Putting a Band-aid on a Bullet Wound: VA Struggles to Reduce Claims Backlog

Any veteran who has applied for disability compensation through the Department of Veterans Affairs (VA) can tell you that the experience isn't pleasant. The boilerplate correspondence sent by the VA is hard to decipher, it can take nine months for a Regional Office (RO) to issue an initial decision, and valid claims are often denied the first time around. I am currently working on a claim that has been pending since 2001, in part because the VA waited five years to provide the veteran with the medical examination necessary to resolve his claim and then discounted the opinion when it was favorable to the veteran.

In response to heavy criticism, the VA has announced a plan to improve processing of disability compensation claims. Despite the plan's ambition, the question is whether anything can repair a truly broken and overburdened system. As of July 2012, nearly 900,000 cases are pending before the VA. Of these, 558,000 are "backlogged," meaning that they have been on file for more than 125 days without an initial decision. These numbers don't even truly reflect the number of veterans who have been waiting to receive their disability compensation, as the "backlogged" cases do not include cases where a notice of disagreement (NOD) has been filed after an initial denial and the veteran is waiting for the next step.

With the number of cases pending both before the ROs and the BVA, what improvement can we expect from the VA's plan? The following captures the main elements of the plan, along with my assessment of each element's practical effect:

Adopt a new electronic claims processing system VA wide. In theory, this could make the process much easier for veterans and claims adjusters alike, as there is a reason why postal mail is referred to as "snail mail." However, for this to work, the electronic system needs to be user friendly, and it is questionable whether the VA is capable of designing such a system. Also, one must consider that many of our veterans coming back from Iraq and Afghanistan suffer from conditions such as post-traumatic stress disorder (PTSD) and traumatic brain injury (TBI), and they have difficulty concentrating on computer screens. Also, older veterans may be unaccustomed to using such a system and will have to rely on family members.

Establish an "express" lane for uncomplicated claims with one or two health conditions, and for "fully-developed" claims claims that include all evidence and supporting documentation. The issue here is how the VA will determine that claims fit into one of these two categories. This not only creates another step in the process, but it essentially provides that claims will not be assessed on a "first come, first served" basis.

Establish a "special operations" lane to handle claims requiring extra attention because the wounds or illness are particularly serious, or the veteran is homeless or suffering a financial hardship. In my experience, it is extremely rare for the VA to expedite a claim. My question here is what standards the VA will develop to determine whether a claim falls into this category. It will surely be very fact-specific.

Establish a "core" lane for veterans seeking compensation for more than two medical conditions and clearly needing more evidence-gathering to process. Roughly 60% of claims fall into this category. If the claims adjustors assigned to this lane are able to clearly communicate to veteran claimants about additional steps or evidence needed, this could potentially save time.

What matters here is whether this plan will have an actual effect. There must be more to this - the claims adjustors need to be trained appropriately depending on the lane to which they are assigned. The single act of dividing claims into categories has no practical value. And if an electronic system is developed, it needs to be user friendly. An electronic system is not be helpful if most veterans cannot access or understand it.

From my experience, the step most desperately needed is training of VA officials involved in the claims process - both in properly assessing claims and in communicating clearly with veteran claimants. Also, the different VA departments and offices need to better communicate with one another. I have had multiple experiences where two different departments within the VA gave conflicting information.

Then, of course, there is the understaffing. The regional offices, some more than others, are chronically understaffed, and the logical result is delay and a higher error rate. After all, understaffing means that not only does it take longer for a file to make it to a claims adjustor's desk, but it puts pressure on that claims adjustor to move the file from his or her desk more quickly. That pressure creates errors.

As a practicing veterans law attorney, I truly hope that the VA disability compensation system improves. In modern context, the system is pushed to the breaking point. Devising a plan for better handling the volume of claims, as the VA has done, is the first step towards that end. And after the first step will come another.

For more information and resources pertinent to veterans, visit Sarah Schauerte's website or sign up for her blog at http://www.legalmeetspractical.com/.

In response to heavy criticism, the VA has designed a new plan for reducing a backlog of nearly 900,000 disability compensation claims. It remains to be seen whether this plan will have any practical effect on the backlog, especially given that it creates another step in claims evaluation.

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Tire Blowouts

Blame shifting may be the easy way out when it comes to an accident. One person always wants to blame the next guy for not fixing the problem, and so the story goes. The truth is, if everyone takes proper responsibility instead of shifting the burden onto someone else, many accidents could be avoided. Tire blowouts are one of the most common causes of truck accidents, and they are also one of the easiest to prevent. Everyone in the trucking industry plays a role in preventing these types of accidents. There are part manufacturers, maintenance workers and the drivers themselves.

One cause of tire blowouts is defective tires. The obvious way to prevent this kind of fault is to go to the source. Product manufacturers, especially of a part as essential to safety as vehicle tires, are responsible for assembling quality tires that meet all national highway standards. Even when product manufacturers produce good quality tires, the next tier of responsibility lies with the tire sellers. When tires sit in warehouses for extended periods of time, they become more brittle and prone to breaking. This is why accurate labeling of tires is so important.

Tire blowouts can also be caused by improper maintenance. Commercial trucks must undergo maintenance frequently so that any defects can be detected. Maintenance must not only be frequent, but it most also be thorough. Truck drivers are also responsible for checking their tires. If they notice that their tires are faulty, they must take the necessary steps to repair them before continuing to drive. When trucks have to stop at scales they may be ticketed if their tires are defective or underinflated. Trucks run the risk of being involved in serious collisions such as jackknife accidents when they travel for extended periods of time on underinflated tires.

One way that the trucking industry started repairing their tires on a budget was retreading. Retreading is simply making repairs to an already worn out tire. The old tread of the tire is smoothed away and a new rubber casing is applied to it. Obviously, this is not as safe as replacing a tire completely with a new one. If you were injured in a truck accident, it may have been because of faulty tires that caused a blowout. Even though trucks have many tires, it only takes one blowout to cause the entire truck to jackknife or rollover. A truck accident investigation will show accurately what the cause was.

Arnold & Itkin is a personal injury firm that focuses on defending the rights of those who have become injured in truck accidents. If you were injured in a truck accident and an investigation points to tire blowout as the cause, you can file a claim against the trucking company with the help of this firm. Visit the firm's website for more information on how they can help you get compensation.

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New York State Bankruptcy Exemptions Vs Federal Exemptions

People contemplating bankruptcy always tend to wonder what are they able to keep if they file for bankruptcy. It's an important question that one should think about if they are considering bankruptcy. In New York, a debtor considering bankruptcy will need to decide between claiming property exemptions under state or federal law.

Contrary to what many people believe, there are many assets a person can keep despite filing for bankruptcy. These assets that a person does not have to relinquish to creditors are called exemptions. There are different exemptions that New York State Law provides that are different from Federal Law. A person must decide between state or federal exemptions. You can not mix and match the state and federal exemptions. It must be one or the other.

New York State law allows people in debt to keep a large portion of equity in their homes. Debtors can also opt for a reasonable wildcard exemption under Federal law that can be applied to almost any asset.

Bankruptcy laws are complicated. There are many exemptions and exceptions to rules both on a Federal and State level. Although a person can file for bankruptcy on their own, it's a good idea to consult an experienced bankruptcy lawyer before making any decisions. A bankruptcy attorney can provide experienced advice and better equip a debtor to make the right choices for their own situation. A a person filing without the assistance of a bankruptcy attorney may not know logistics behind the different exemptions.

Here are some examples of assets that can be protected in Chapter 7 and Chapter 13 bankruptcy.

Under New York State Law, a debtor can keep:

a portion of the equity in their home. $150,000 for property in the New York downstate area for a single filing, $300,000 for a joint filing,equity in their vehicle worth up to $4000. If the car is equipped for a disabled person, they can keep $10,000,most household items and other personal property such as furniture, TV, radio, kitchen appliances, clothing, a computer, a cellphone, a wedding ring,$5000 either in a bank account or in cash as long as the homestead exemption is not taken, andmost retirement accounts, pensions, and life insurance.

Under Federal Law, a debtor can keep:

up to $21,625 of the equity in their primary residence home,equity in their vehicle worth up to $3450,most household items and other personal property such as furniture, TV, radio, kitchen appliances, clothing, a computer, a cellphone, a wedding ring,certain retirement accounts such as, pensions, and life insurance, anda wildcard exemption of up to $11,975 ($1,150 of any property plus $10,825 of unused home equity exemption)

Determining what you're able to keep when filing bankruptcy in New York can be complicated. There are many laws and options to choose from when considering state vs federal exemptions. Navigating a bankruptcy filing without an attorney can be a costly mistake. A knowledgeable New York bankruptcy lawyer will better understand the differences between federal and state laws. They will be able to provide experienced advice that can help a debtor better position themselves for financial recovery.

Dylan Panitz writes legal related articles for The Law Offices of David I. Pankin P.C., a Brooklyn bankruptcy lawyer. Visit David Pankin's website for more information about obtaining a bankruptcy in New York.

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Lessons of a Three-Year Long Battle: When Giving Up Is Not an Option

My father is one of the reasons I chose veterans law as a practice. Several years ago, I became his advocate in his VA disability compensation claim; and yesterday, a decision was rendered. It was granted. Because this particular client is my father, he has given me permission to candidly share his story. It sheds light on two basic elements of successful VA claims: to refuse to give up (within reason), and to know common VA errors.

My father is a veteran of the Vietnam era. He served in Bad Kissingen, Germany at the tail end of the war, and it was a wonder he was drafted. Even as a kid, my father had trouble with his hips and knees - to such an extent that he was exempt from high school physical education. When he was asked to undergo a medical examination prior to officially being drafted, he expected to be immediately dismissed. Instead, he received a cursory glance and was told to board the bus for basic training at Fort Leonardwood, Missouri. Basic training was so difficult for him that he received a waiver from its activities, but he was still somehow found fit to be shipped overseas to Germany. Once there, he assumed the duty of distributing the mail. Sure, that doesn't sound particularly arduous, but carrying a 70-pound sack up and down steps and around the base isn't good for someone with bad knees and hips.

As a young lawyer living and working in Washington, D.C. I learned about the VA disability compensation claims process. I'd heard Dad's stories about serving in the Army, and I asked him whether he had considered applying for disability compensation. He relayed that he had completed an application immediately after his service in 1972 and was denied. "Well," I told him, "You're going to apply again, because I think you're entitled." I believed that he was entitled to service connection for an aggravation of injury - Dad's knees and hips were made worse by what he was required to do in service.

Because I was ambitious, and because my father's interests were at stake, I pulled out all the stops in his application. I put together a 23-tabbed binder with the new and material evidence required to reopen his claim. I hunted down old war buddies to take their statements, gathered new medical evidence, and wrote a legal argument. Basically anything that could be done, I did.

So what happened? Eight months later we received a denial. And here was the kicker - the VA treated Dad's claim as an appeal, not as a reopening. An appeal is when the veteran challenges a VA decision based on the evidence that the VA had at the time of the decision. A reopening is when a veteran presents what is called "new and material" evidence to reopen a claim. I would say that in the materials we submitted, the terms "reopen" and "new and material" were mentioned forty times each (and "appeal" zero times), but somehow the claim was still treated improperly.

I filed a notice of disagreement, and again the VA came back with a denial. This time it took a little longer, and this time the VA stated that Dad's conditions were "congenital," meaning that he was born with them, when he clearly wasn't. It also discounted without justification a medical opinion from a private physician who had opined that Dad's conditions were "more likely than not" service-connected.

Eventually Dad was afforded a VA medical examination. This took place in May of 2012, and this decision was reached in August. Interestingly, I as the advocate have no idea what that doctor concluded, other than that he must have found service-connection given the decision. I do not know what the doctor concluded because I have not received a copy of the examination report - reports are not automatically sent to veterans or their advocates. But, after all this time, this is a victory, and I must admit that I am far less interested in that report than I would have been if the decision had been another denial.

Dad's claim, from beginning to end, has taught me a lot about veterans law. More than anything, it has taught me not to give up. The process is confusing and cumbersome, and we could have given up during any of the many roadblocks we encountered. We refused to do so, and Dad now has his compensation. At the same, however, this lesson saddens me, because it illuminates how many veterans do in fact give up. It takes time, legal wherewithal, and resources to fight the VA. Also, many conclude that because the VA has denied them once, that must mean that they are in fact not entitled.

This experience has also taught me how important it is to know what constitutes a VA error. What if we hadn't known that Dad's claim should have been treated as a reopening instead of an appeal? Or that Dad's conditions aren't congenital? Or that he was entitled to a medical exam? Or what constitutes an "adequate" medical examination under VA standards? All of these issues came up during the pendency of Dad's claim, and without knowing the answers, the claim could have failed.

At the end of the day, while I'm absolutely thrilled and proud that Dad's claim was granted, I can't help but think of the alternative. Most other veterans don't have an advocate, or know the legal ropes to applying for VA compensation. If Dad had been one of those veterans, he would have either never filed or given up after the first denial. He wouldn't have known that when it comes to the VA, a "no" is not the end of the road. For many it is just the beginning.

For more veteran-related issues and resources, or to subscribe to Sarah Schauerte's blog, visit http://legalmeetspractical.com.

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How Important It Is to Hire a Good Private Investigator

Hiring a private investigation agency is an important task if you want to get the information desired in as prompt a manner as possible. Experience and reputation should be key factors in one's choice, but there are other considerations at play as well. Anyone can claim to be a private investigator, as the UK does not require a license or special qualifications. This makes it imperative that one do their own investigative work before hiring an individual or agency.

The Internet has made it relatively easy to locate different service firms, and private investigation firms are no different. One can literally access thousands of potential firms in a matter of moments with an online search. So, how does one determine the firm with the right qualifications versus one with a good search engine marketing team? Here are some of the key steps.

Whilst not required, there are associations that investigative agencies can join. This is not a guarantee of quality and experience, but the more vaunted associations like the World Association of Private Investigators (WAPI) and The Association of British Investigators (ABI) only include members who can validate their experience and adherence to the law. The websites of these bodies includes a list of members if one feels the need to cross-reference. One should certainly favor firms admitted to these bodies and other similar organizations.

The Internet is also useful in checking the reputation and experience of a firm. Again, like many services, there are online forums that individuals and businesses use to relay their experience with private investigation agencies and individuals. It is well worth the time to explore these to see who might be appropriate, or in some cases not appropriate, for the assignment you have.

Armed with a list of potential firms it is then time to make contact with prospective agencies. One should be prepared with a list of questions. These should include the firm's history and experience, as well as discussion of education and training. It is also worth discussing the firm's use of technology and knowledge of methods.

One should also be prepared to give a high-level overview of the investigation needs. Do not be too specific at this point, only enough so the associate can provide information on experience in similar cases and situations. If this initial discussion goes well, the full facts of what is needed can be relayed later on. Whilst relaying experience, take note of the details as well as the discretion and personality of the detective. This is especially important if one's case involves investigating personal or private matters. You want to make sure there is an on-going level of trust and that the investigator is discrete.

It is also worthwhile to inquire about fees. Most will charge an hourly fee, plus expenses. In some cases if doing background checks or research a flat fee structure might be used. If the case is complex and involves significant work it can be costly, so it is better to understand the extent of charges early in the process.

Completing one's own due diligence when hiring a private investigation firm will pay off in the long run. An inexperienced or unqualified choice will not only be a waste of money, but may ruin future attempts and results.

For information on using a Private investigator, Manchester or anywhere in the UK, use Eclipse private investigators for your business and domestic needs.

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After Colorado, Civil Rights Lawyer Argues for More Access to Guns - And PIE

I represent ordinary people who suffer extraordinary hardship at the hands of the most powerful group in this society, the armed government. Labels follow me everywhere I go. People hear that I'm a Civil Rights attorney, and I see them flinch. They typically ask me if I'm a liberal, if I'm an atheist, if I'm with the ACLU, or if I hate cops. "No," I always say. But their faces show suspicion.

Anyway, when I heard that a 24 year old man barged into a movie theater in Colorado and started shooting innocent people with an assault rifle, I was shocked by the level of gun violence that this event highlighted. I also realized that discussion would soon turn away from that event and to the question: should we make it tougher for people to own guns. Here, I address that question, offering an opinion that I believe best respects the Civil Rights of every law abiding American citizen.

First, we should look at what the law says about our right to own guns. The Second Amendment states: "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." That text doesn't exactly ring with clarity. For that, we have to turn to the observations of the United States Supreme Court. In our three-branched system of government, they are the last word on the Constitution.

Together two recent but very important cases, District of Columbia v. Heller and McDonald v. City of Chicago interpret the Second Amendment and lead us to two points of clarity: the Constitution does not allow federal or state government to summarily ban guns from law abiding citizens; and the right to keep and bear arms is a fundamental right that is necessary to our "system of ordered liberty."

But the Supreme Court has also noted that the Second Amendment right to own a gun is limited. As the Court said, it's "not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose." The Court cautioned that their decisions shouldn't be interpreted in a way that would cast doubt on some old laws that already prohibit felons and the mentally ill from having guns. Nor should their decision be interpreted to question laws that forbid the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. And so as a matter of law, gun bans are unconstitutional. But limitations on gun ownership are here to stay.

After the Colorado theater shooting we now hear many asking the question, shouldn't we increase the limitations on gun ownership?

No. We should not make it harder for a law abiding citizen to get a gun. We should make it easier for law-abiding citizens to follow the law and have access to firearms, virtually any firearm. Gun ownership is a Civil Right, after all.

Look, face it. Guns in one form or another will exist as long as armed conflict with another human being is a possibility. The only practical, if not reasonable, solution and response to the Colorado shooter was a bullet, preferably between his eyes as he aimed his gun in the direction of the men, women, and children who died that day. There is simply no better response to an armed threat than properly deployed arms.

Getting rid of guns weakens our ability to defend ourselves from domestic and overseas threats. While unlikely, the possibility of armed conflict on American soil with an enemy country or faction isn't something we should take lightly - especially since 9/11.

Statistics do not show a correlation between tougher gun laws and fewer gun-related deaths. This is not even a serious point of debate anymore. As the McDonald Court noted, a complete ban on guns in Chicago failed to stem gun violence. In fact, the number of shootings went up.

The failure of gun bans also proves that the police are not by design good caretakers of our general safety. This is not a criticism. It's a simple fact that the police are grossly out-numbered by us, and when we don't get along with each other, they are often there when things are already painted with violence and really messed up.

Let's also avoid giving-in to the fantasy that police officers are flawless, brave heroes who, like Superman, arrive in the blink of an eye and and save us. Cops are people, just like you and me. They are mostly good. But there are a few bad ones. Trust me. I've met them in court. Let's not limit guns in favor of their care. In matters of safety, let's be self-reliant and responsible.

What happened in the Colorado theater shooting on July 20, 2012, was horrifying, despicable, and sad. Yet, it is foolish to suggest that America should reduce access to guns in honor of the victims. That's just not safe. Tighter gun restrictions create a weaker, more bureaucracy-bloated, vulnerable society. And no one wants that.

We want to be self-reliant and responsible. I think those shared desires have us all agreeing that there are some among us who should just not have guns. No serious discussion about this subject would permit gun access for the mentally ill. Nor do we want children buying handguns. No one wants a notoriously violent felon to arm himself days after finishing time in prison or getting off parole (happens in some states). No one wants terrorist organizations or those on terrorist watch lists to buy explosives or firearms (unbelievably, that's happened). And, for me, that's where the slippery slope of this discussion starts.

Where it ends is up to us today. Implementing restrictions on guns - like any governmental activity - is messy business. And any new laws written after or in memory of the Colorado theater shooting should be focused on cleaning up that mess. Let's have efficient, consistent, and sensible gun laws. Change in the law is needed to make things uniform, clear, and easy so that law-abiding citizens can own guns.

For these reasons, I suggest that the "reasonable gun control" debate is a waste of time. Both sides of that debate are guilty of putting unreasonable ideas out as reasonable ones. And I don't know anyone who likes arguing over what is reasonable. Besides, it detracts from the real goal that we all want to achieve, a safe America.

So I propose we take a new approach. Instead of arguing over what is "reasonable gun control," let's seek "precise identity exclusion" (PIE). We, the law abiding majority, must narrowly define, identify, and agree upon those threats to society who should be gun-less. Then with narrowly focused, efficient, consistent, sensible language, we should vote for gun laws that keep guns out of their hands, not ours.

PIE makes sense because it puts the focus on the right problem - the people who shouldn't have the guns. It stops the rhetoric about which guns should or should not be available. PIE fits with Supreme Court decisions and is the least restrictive way to make gun laws better. It trumps the call for gun-free zones, and it empowers law-abiding citizens with an essential self-defense tool. Let's not have the tragedy of a mass shooting scare us into senseless argument. Let's act out of a desire to find agreement and make things safe. Let's act with precision to target and address the unreasonable danger created by those who shouldn't have guns.

And here's the tough part. PIE cannot ensure our safety (that's impossible). If these threats or menaces to society cannot be precisely identified, then we must not waste time arguing over who they could or might be. We must proceed from present knowledge, not from fear.

I am a lawyer who works to protect and preserve your Civil Rights. The Second Amendment contains one of those rights. It stops government from eliminating our basic right to protect ourselves, our families, our home, our country. Protect that right with me. Make PIE the focus of gun control. Demand concise, uniform, efficient laws. By doing that, we honor the victims of the Colorado theater shooting and all mass shootings. We protect the Second Amendment. We protect each other. And we think before we fear.

Robert F. DiCello, a civil rights attorney in Cleveland, Ohio, writes a blog at Real Law Radio. MEDIA ONLY: Robert is available as a legal analyst. Send your request to: Attn: Robert F. DiCello, Esq..

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