Law

Criminal Defense Lawyers

admin — Sat, 04 Sep 2010 03:08:10 +0000

Criminal, or Penal, Law, refers to the body of rules that govern punishments for a number of legal offenses, usually enforced by the government. Each state has its own set of procedures to deal with the offenses committed, but for all states, punishment is occurring for a person’s failure to comply with a set of rules or laws. These punishments can range from very simple, such as a small fine, to quite severe, such as execution.
During a trial of this type of Law, a criminal lawyer has the task of defending his or her client. It is almost never recommended that an accused person should try to represent him or herself in a criminal case. Criminal law can be difficult to understand and it takes years to become an expert. When defending yourself, you want someone who understands the situation you are in, knows what options are available, and knows the best way to proceed. Hiring a criminal lawyer is the most effective way to find this type of person.
When hiring a criminal defense lawyer, there are a number of aspects about the lawyer that one should examine. One of the most important aspects is experience, not just as a defense lawyer, but experience with the specific type of case that is being dealt with. Experience spread over a number of years is also important, not just in number of cases seen. Having been successful over a long period shows that the lawyer can adapt to changing moods and views that society goes through, and that he or she has seen a wider variety of outcomes, therefore possessing more knowledge of how to resolve a case. A long winning record is ideal, as this will make the proceedings go much more smoothly. The lawyer will be able to bring ideas and viewpoints that less experienced lawyers may not have seen or heard of yet.
If one is able to find a defense lawyer with this type of experience, it is most likely that he or she will have two other very important attributes, confidence and respect. A lawyer who is confident in the courtroom and in his or her abilities will be able to present ideas more effectively. One who has earned the respect of the community and judges will also be more effective. He or she will be able to negotiate easier, win crucial motions, and get more favorable rulings.
In addition to the courtroom side of things, a good criminal defense lawyer should also be one that cares about the client and makes an effort to understand the situation. A lawyer who is interested in the well being of his or her clients and spends the time to get to know them will be fighting harder in the courtroom than one who does not do this. These lawyers will understand what the various outcomes of a case may mean for the client. Large fines, jail time, or even just a small criminal charge can have enormous repercussions for some people, particularly those that require a license to perform their job. It is important to realize this and to fight hard to reduce those effects as much as possible.
There is no substitute for experience, and ideally, one should try to find the best lawyer available that one can afford. One who has experience and knowledge, but still possesses a passion for what they do, with a genuine concern for the client and his or her well being. Criminal cases can have devastating effects on a person’s life, and a good criminal defense lawyer is a valuable tool that should not be wasted.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Criminal Defense Lawyers is a post from: Law

The Disadvantages of Business Litigation in Orange County

admin — Fri, 03 Sep 2010 00:17:54 +0000

Although identified with large suburban areas and numerous tourist destinations, Orange County is fast becoming a promising place for business activities. In fact, more and more companies and firms are being established in various localities to operate and to provide their services and products.

However, this development upsurge also brought about a growth in number of cases involving business disputes and other violations of the California Labor Code. Hence, this scenario results in the need of fine Orange County business law attorneys who can help the aggrieved parties obtain justice and suitable compensations.

There are two ways to pursue a lawsuit; one is to file a case in court through litigation and the other is to enter into alternative dispute resolutions. These two legal procedures aim to resolve a disputed issue between two or more parties.

In most cases, business entities in Orange County who have been involved in legal disputes prefer entering into alternative dispute resolutions. This is due to the many disadvantages entailed in resolving a disputed issue through litigation.

Disadvantages in Pursuing Business Litigation

To add, any delays in litigation would mean bigger legal fees. These delays happen for many reasons such as unavailability of courtrooms.

Unfortunately, many companies that engaged in business litigation have to deal with their cases for several weeks to even months or years. More sadly, many court decisions are not enough to cover the damages incurred by the affected businesses.

Aside from these, the legal counsels of each party may use tactics in order to reveal the misdealing or illicit activities of each company. This is the reason why it is necessary to make sure that your company operation is in order before deciding to file a lawsuit.

Why Hire Orange County Attorneys?

No matter what legal procedure a business decides to pursue, it is vital for them to hire expert representation. The intricate provisions of the California Corporations Code and other related business laws necessitate the expertise of Orange County business law attorneys. These legal professionals will make sure that their clients rights will be upheld in the litigation process.

Our skilled Orange County lawyers can assist you in issues involving business laws and transactions. You can avail of their services by logging on to our website.

The Disadvantages of Business Litigation in Orange County is a post from: Law

New Jersey Law Firms

admin — Thu, 02 Sep 2010 12:32:24 +0000

A law firm is a business entity formed by lawyers/ attorneys to provide their services to various clients under the same roof. The liabilities of the firm are bearable by all the partners of the firm as they share same set of responsibilities. They also share the profits in a similar manner. In the event of proving their worth they will be promoted as partners or associates. New Jersey law firms render their services through the formulation of a strategy for litigation to huge corporate houses and business firms, their main services and area of focus include: * Business litigation * Intellectual property litigation * Copyright, trade secrets, and trademark litigation * Employment law * Environmental law * Professional negligence * Immigration * International law * Real estate litigation * Boundary line dispute * Lease dispute * Landlord tenant * Contract litigation and negotiation * Litigation over agreementThe role of law firms can be broadly classified in two categories: 1.Litigation department- It primarily deals with family law matters, business damages, buy-sell agreements, shareholder litigation, estate and gift tax matters, buying and selling businesses, malpractice litigation, wrongful death, wrongful termination, and breach of contract. This can also deal with the litigations that the clients impeach through other corporate houses. The law firms render their best of services for their clients. 2.Corporate department- These provide proficient advises on various corporate deals which are advantageous for the business. It includes mergers, acquisitions, extending the business flagships, direct and indirect leverage investments and related business aspects. Law firms can be of various kinds such as Sole Proprietorship, General Proprietorship, Limited Liability Company, etc. These law firms fulfills the requirements of their clients individually through prior experience, proper attention, strategic and creative representation. This approach helps in obtaining an edge on both individual and business fronts efficiently. New Jersey law firms aims to provide complete client satisfaction and also protects individual and business interests. These law firms provide tailored legal services to protect the clients and their business investments.The New Jersey law Firms and attorneys are known for factual legal judgment and encouragement while serving the transactional and litigation needs to both individual and business clients. Whether you require legal assistance for business formation and operations or to seek a legal advice on insurance, defense, arbitrations and other litigation alternatives, these firms renders you with the best of services for solving the matter.

New Jersey Law Firms is a post from: Law

You can count on Toronto Injury Lawyers

admin — Thu, 02 Sep 2010 03:33:53 +0000

Have you ever found yourself in a situation where you became the victim of a cruel injustice brought on by the very person that you placed your trust in? Just like me, you defer to doctors to find out whats best for our health and depend on them to make the right decisions. But what happens when that trust is broken by an act of negligence that will change your life forever? A few years ago, a neighbor was complaining of terrible stomach cramps so we accompanied her to the hospital. The doctor on duty gave her a perfunctory examination and diagnosed her with ulcers and gave her a prescription. Several hours later, she had to be rushed back to the same hospital. Her appendix had ruptured during the night as the doctor had failed to recognize the symptoms and she was unable to get the proper treatment in time. Because of this, she found herself in immediate need of the best injury lawyers Toronto she could find.

Luckily, it was during this time that we found out about Toronto Personal Injury Lawyers . The firm specializes in defending clients who have suffered from personal injury and damages. What sets them apart from the other lawyers in the area is that all members of their staff are trained to specialize in these particular cases and are armed with valuable experience. While they could not take back the trauma that my neighbor experienced, they were able to give her sound legal advice during this time of great difficulty and ultimately help her bring the doctor to justice. Visit their website today to learn more about the best legal assistance available to you in the field of personal injury and damages. Because these are Toronto injury lawyers that you can depend on.

You can count on Toronto Injury Lawyers is a post from: Law

Getting Affordable Houston juvenile defense attorneys

admin — Wed, 01 Sep 2010 16:22:00 +0000

As the life is getting harder and harder, people can do anything to fulfill their need. Although it is considered as the negative way, people seem never thinking about that. Unfortunately, the case of criminal thing that happen so far is not only due to the background of economic but there is other thing like psychological and also emotional feeling that forces someone to do so. This thing frequently happen to the young people below 18 years old that is usually called as juvenile crime. For sure that it is not going to be in very good condition whenever we are being caught in such problem like the above illustration. For sure the need of help to defense your case in the court might be only the best solution for leaving you from this problem.

There are a lot of attorneys that so far dedicate themselves specifically for the crime done by the young. In their point of view, they are not wrong. Their psychology that is wrong in this case thats why they never agree that the young is being jailed. Unfortunately, not all attorneys has social minded but more to business that always charge their client with very high cost, like in Houston for example. It is only small in number for affordable Houston juvenile defense attorneys that really think about saving the young comparing to those who takes the opportunity to get benefits from every case happens dealing with the juvenile crime.

Getting Affordable Houston juvenile defense attorneys is a post from: Law

Law Schools Fighting for Human Rights

admin — Wed, 01 Sep 2010 03:03:15 +0000

As human rights violations continue to occur around the globe, law schools are establishing human rights clinics to meet the ever increasing demand for human rights lawyers. These United States based institutions are not only working to strengthen their own communities, but also to train students and professors, organizations and professionals, who are working to strengthen these rights outside of the United States.Even though the Universal Declaration of Human Rights forms the basis of International Human Rights Law, the Declaration itself is not legally binding. However, civil rights clinics are training lawyers to strengthen the enforcement of such rights and increase adherence to the agreements that several nation-states have signed. While international law is a relatively young field, many distinguished law schools have created outstanding programs for aspiring civil rights lawyers and professors. At Columbia Law Schools Human Rights Clinic, students and professors focus on the cross cultural implications of international law, and encourage students to immerse themselves in todays human and civil rights battles. The clinic focuses on providing students with a number of different skills that are necessary in the field. For example, the clinic instructs students on how to conduct investigative research and interviews that are necessary for human rights cases. Unlike many other fields of law, these on the ground skills are necessary for learning how to identify human and civil rights abuses in a number of different settings and how to empower local organizations and lawyers to bring violators to trial. Similarly in Harvard Law Schools International Justice Clinic, students learn about these rights through current events. While the clinic is based in Cambridge, students regularly travel internationally to document human and civil rights abuses and promote respect for international law. Harvards program also provides students with connections to dozens of organizations throughout the world that are seeking to bring human and civil rights cases to trial. The clinic provides funding for research during summer and winter breaks and free support to dozens of countries where human rights violations occur on a mass scale.At Yale Law School, the Lowenstein Human Rights Project enables students to pursue human and civil rights on an extracurricular basis. In this clinic, small groups of students work together with public interest and human rights NGOs, conducting research, designing advocacy activities, and organizing events that bring further attention to human and civil rights violations in the United States and abroad. Stanford Law Schools International Human Rights Clinic also works to integrate classroom learning with experience in the field. In recent years, Stanford has mandated that students first course is about the clash between International Human and Civil Rights Law and the United States actions in Guantanamo. This course is coupled with subsequent international travel where students help universities abroad establish human and civil rights clinics of their own. Last fall, Stanfords Human Rights Clinic also started providing free coordination of international doctors and psychologists in order to train local medical professionals to deal with rights violations in their own countries. While several distinguished universities have established human and civil rights clinics, one of the most promising clinics was launched just last year, in August of 2008. The Sanela Diana Jenkins International Justice Clinic at UCLA is a unique interdisciplinary program that seeks to be focused and dynamic. Established with a generous donation of $4 million from Diana Jenkins, a refugee of the Bosnian war in Sarajevo, the clinic helps students and professors create and implement new advocacy strategies. By focusing on advocacy, the Jenkins International Justice Clinic hopes to teach lawyers how to draw national and international attention to human rights violations, creating the necessary pressure that inspires nation-states to enforce human and civil rights law.In honor of Diana Jenkins and the schools commencement, students and faculty dedicated their first academic year to the war crimes committed in Bosnia and the International Criminal Tribunal for the former Yugoslavia. As these human rights clinics continue to grow, their efforts will surely be seen in the coming years. Already their work has deeply influenced individuals and organizations in the United States and abroad and strengthened the implementation of international law. In the fight against human rights violations, these clinics are necessary for training the futures leaders and strengthening international law around the world.

Law Schools Fighting for Human Rights is a post from: Law

Exciting Features about Invitation Companies

admin — Tue, 31 Aug 2010 11:40:41 +0000

All too often, of us ship Cards which could be merely plain boring. They determine them out in a hurry, just choose one which appears relevant for the event, is not too sappy or too vital or dramatic, and so they just rush it. Do not do that! Stationary and Cards can say rather more than the common individual would possibly think. Although the world is mostly digital these days, written print supplies nonetheless matters.
Ship the right Inviting Company mannequin invitations. Don’t skimp on prime quality to avoid wasting a lot of a buck. It’s the little things that catch eyes and turn heads. Most people do not hassle to place throughout the additional bit of effort, and whereas they might not comprehend it, it does show. You owe it to your of us, your loved ones and your self to ship the most effective! Our website online’s simple-to-navigate interface means even your children can select the Cards, stationary and each part else it’s important to get an essential day underway. Whether or not you’re attempting to assemble of us for a wedding, a Commencement or solely a good, old style barbeque, you shouldn’t be sending anything nonetheless among the best invites in your repertoire! This stationary options daring Embossed Graphics not found on different merchandise, certain to make it flip heads. Most people don’t trouble to put in the further little bit of effort, and while they may not understand it, it does show. Ship your card off correct with a custom-made Return Tackle Label! Cards are an art form. It’d appear to be a foolish or caught-up issue to say, nonetheless it is true! That’s why we at InvitationBox search to place among the best invites, Cards and stationary in your arms, with out exception. We’ve been in the enterprise of offering one of the best paper merchandise for over a decade. That is not ‘prime quality’ paper products, not ‘traditional’ paper merchandise, nevertheless absolutely the finest. It doesn’t matter what you could possibly be on the lookout for, we are going to present it. Don’t rely upon the gimmicks of the large brands when a heartfelt message is likely to be given. We see to it that the best are supplied, and nothing else! As a result of Cards are art work, they require care and thought, and we wish to provide help to with that! Most people do not hassle to put within the additional little bit of effort, and while they might not understand it, it does show. Take the additional step and present your family you care! They’re going to love you for it and you gained’t regret it–notably when it actually saves you time!

Exciting Features about Invitation Companies is a post from: Law

Law Firm Marketing Strategies: Crossing the Language Barrier to Market Your Services

admin — Mon, 30 Aug 2010 13:46:33 +0000

If your law firm is not growing (or worse yet, shrinking) and your revenue stream is down to a trickle, it’s high time to start being proactive with your marketing. One of the most important aspects of successful law firm marketing is the ability to clearly define and demonstrate the services which you offer. Put yourself in the shoes of your client for a moment. If you are not employing proven legal marketing techniques to tell them what you have to offer, why should they buy from you? If you don’t tell prospects how you are different from your competitors they will assume you are basically the same and start shopping you on price.
After many years of studying effective law firm marketing strategies, I have seen a common problem. Many attorneys communicate with prospective clients in a way clients do not understand. One of the biggest mistakes a lawyer can make is to use “legal jargon” when speaking with prospects. No one wants to feel stupid and would rather save face than risk embarrassment by asking you to define what you believe is a “common legal term”. Effective marketing for attorneys relies on your ability to be understood; without a clear understanding of what you can do for them, most clients will head for the nearest exit.
As a lawyer, you must uncover the words and phrases your clients use to describe their goals, challenges and problems. You must cross their “language barrier” before you can begin to entice them to learn more about how you can help them. For example, unless they have experienced it most people don’t know the difference between Chapter 7, 11, and 13 bankruptcy. Nor do they know the difference between a will, living trust, and an estate plan.
Here is a simple exercise which will help you accurately demonstrate your product and services:
1. Write down the terms and language you use to describe what you do to another professional in your field.
2. Now, write down the key words and phrases your clients use to describe your services to you. (If you can’t complete this step, start asking your clients and listen to them as they describe their problems.) Your ability to succeed in law firm marketing will rely, in part, on your willingness to write down the key words and phrases your clients are using and committing them to memory.
These two lists should be very different. If they overlap by 50% or more, you are probably not listening closely enough to prospects and clients. It is recommended that you go back to square one and ask more questions, listening more intently, if you expect your legal marketing efforts to be effective.
Review your current marketing materials closely.
Are they filled with terms from your list or your client’s list?
Which list of words predominate your legal marketing material, like your website and brochure?
Do your materials read like you are primarily addressing other attorneys or your prospects?
Is your marketing material filled with legal jargon and in-depth technical descriptions of your services? If so, remove them.
Could the “average man/woman” on the street pick up this material and know exactly who your ideal client is and how you can help them in thirty seconds or less?
Failing to cross your prospect’s language barrier is a common mistake seen in all forms of legal marketing. By spending the necessary time to analyze and update brochures, marketing materials and ads you will greatly improve your ability to connect with prospects and convince them to hire you.

Law Firm Marketing Strategies: Crossing the Language Barrier to Market Your Services is a post from: Law

Uncontested Divorce in Rhode Island (RI) By Family Law Attorney

admin — Sun, 29 Aug 2010 05:26:18 +0000

This article explores the different types of uncontested divorce in Rhode Island and explains the process of obtaining an uncontested divorce. Uncontested divorces should be much less expensive then contested cases. Article by Attorney David Slepkow 401-437-1100. It is a bad idea for someone to try to represent themselves without a Rhode Island lawyer in a divorce or family law matter.

The phrase “uncontested divorce” often means different things to different people. In my ten years of experience, I have seen many different types of cases in which people claim that the divorce is uncontested.

There are three different paradigms that I have seen:

1) No assets and no children

This is a true uncontested divorce! The parties have no assets, no real estate , no children and no joint debt. No property settlement agreement is needed. However, a significant amount of work is still required by the lawyer. The parties still must go to court for a nominal divorce hearing. However, this type of divorce takes the least amount of time for an attorney. Therefore, it should be less expensive. I believe that attorneys should offer flat a fee divorce when there are no assets and no issues to resolve.

2) Property division and / or children involved

In an uncontested divorce, the husband and wife agree to all or substantially all of the issues between the parties including if applicable property division, child support, child custody, child visitation, alimony, automobile issues, real estate issues, debt issues etc. However, despite the agreements, there may still be details to iron out! The parties may need a property settlement agreement memorializing their agreements.

If there are assets that need to be divided then the family law lawyer may need to prepare a property settlement agreement, deeds, mortgages, promissory notes, qualified domestic relation orders (QDRO) etc. For example, if the parties need to divide a retirement account the lawyer must prepare a qualified domestic relations order.

Therefore, the cost of the divorce could vary depending on the circumstances. For example if a lawyer has to draft a property settlement agreement than he/she will devote more time to the case.

What extra work is needed to divide a retirement account?

In order to split a retirement account, Individual Retirement Account (IRA), pension, 401k, 403b, defined benefit plan, defined contribution plan or stock options, the lawyer must prepare a qualified domestic restraining order otherwise known as a QDRO so that there are no tax implications for the parties. That QDRO must be approved by the plan administrator for the retirement plan. It also must be entered as an order of the Family Court as well as sent to the plan administrator for implementation.

3) “Uncontested” divorce which is really “minimally” contested

Some people claim that the divorce is “uncontested” but it is actually minimally contested. In this scenario, the parties agree to most major issues but have some minor issues to work out. For example, the parties may agree that there will be reasonable visitation but not agree as to the actual dates and times. The parties may agree to child support or child custody but not agree to all the particulars. The parties may agree that the marital domicile is to be sold as soon as possible by a Licensed realtor but have not agreed on the listing price of the home or have not agreed how the proceeds from the sale will be divided.

This type of case is usually more expensive than a true uncontested divorce because the lawyers will have to get more involved in negotiation and attempting to work out the points of contention. Furthermore, the Lawyer may need to draft a property settlement agreement setting forth in writing issue concerning the marital domicile, equitable division of property, child custody, child support and visitation issues.

4) “Uncontested” divorce which really is contested

I have seen countless times when a client says that the divorce is uncontested. I then ask them to explain the agreement. The response is sometimes: ‘we agree that we will agree’. As we all know, the devil can be in the details! An agreement to agree is not necessarily an agreement because nothing has been agreed to except that the parties think that they will agree.

Often people claim that the actual divorce is not being contested. Whether or not a person will dispute the obtaining of the actual divorce is immaterial because Rhode Island is a “no fault” state. If one party wants to terminate the marriage and meets the residency requirements they can obtain a divorce whether or not the other party agrees to it or not.

Intake process, drafting divorce documents for filing and filing

There is typically an intake process in which the lawyer gets the basic information so that he or she can properly represent you. The attorney typically drafts the documents and you sign them in front of him/her or another notary. These documents include a complaint, DR(6) financial statement, statement of children of the marriage, counseling statement, summons and automatic divorce order etc.

It is important that the DR6 form otherwise known as financial statement is accurately filled out.After the documents have been signed and notarized, the case must be filed. A Court date of approximately 65 days will be set by the Court. The Defendant must be served by the constable. If the Defendant lives out of state he or she can be served by certified mail

Nominal or Contested Track

When a divorce is filed, the case is put onto one of two tracks, the contested track or the nominal track. The Plaintiff in his or her initial filing designates the track they desire. The vast majority of divorces filed are placed on the “nominal track”. An uncontested divorce should be put onto the nominal track. Designation on the “nominal track” does not necessarily mean that the divorce will be uncontested.

If the case is put on the nominal track then the clerk will automatically set a nominal divorce hearing upon the Plaintiff filing. This hearing will typically be scheduled from 65-70 days after the Plaintiff files. In the event that the case is not settled by the nominal divorce date then the case will automatically be changed to the contested track

On the date of the nominal hearing, at the call of the calendar, the case will be either ready nominal or the parties will ask the judge to hold the case so they can try to resolve any remaining issues. If the parties cannot resolve the remaining issues they will inform the Court clerk or the judge that the case cannot be settled and the case track will be changed to the contested divorce track. If the case track is changed there will be no hearing that date and the court will inform the parties of a future conference date.

A hearing is required under RI law!

Pursuant to Rhode Island General Law a divorce cannot be resolved without a nominal hearing. At the nominal hearing certain testimony must be elicited in order for the divorce to be granted. In some circumstances, it is necessary to have witnesses to briefly testify to prove residency. If you don’t have the required witnesses your case could be delayed or even dismissed and you may waste your time attending court.

Residency in RI

Is it necessary to prove compliance with the residency requirements at the “nominal hearing” in order to obtain an uncontested divorce? Yes!

In order to file for divorce you need to have been a domiciled inhabitant and resident of Rhode Island for one year prior to your filing of the complaint. If you have not been a domiciled inhabitant and resident of RI for one year prior to filing your complaint for divorce, you can file based on your husband’s / wife’s residency for one year prior to the filing. It does not matter if you change your residency or move out of town the next day so long as you were a resident on the date of the filing and for one year prior!

(There are exceptions for people in the armed forces (army, navy, air force, marines, military) who are stationed in other states or countries)

Proof of Residency

In order to prove residency, it is sufficient, if both parties appear at the nominal court date and testify that at least one of the parties was a domiciled inhabitant and resident of Rhode Island for one year prior to the filing of the complaint for divorce. The Family Court will typically waive the requirement for additional witness if both husband and wife attend the nominal court date and testify that at least one party had the requisite residency as set forth above.

If only one party attends the nominal court date then you need one of the following in order to obtain a divorce (a) two additional witnesses in court to testify to the one year residency of the Plaintiff or Defendant (b) one witness in court to testify to the one year residency of the Plaintiff and an affidavit from a different witness attesting to the person’s residency. (This affidavit form can be easily obtained by the clerk of the Rhode Island Family Court.)

If you do not meet these requirements to prove residency your case may be dismissed or you may be given additional time to obtain the necessary witnesses or affidavit

What County in the family Court should the case be filed in?

Please note that all the counties in Rhode Island (Providence, Kent, Newport and Washington County) follow the same general rules and procedures. However, each County has different Summons. Make sure that your divorce case is filed in the appropriate County. At least one of the parties must reside in the County in order to file in that County. In Some Counties the same judge will hear the entire case.

In Povidence County, the nominal hearing will usually be sent to a magistrate. Providence County includes East Providence, Providence, Cranston, Cumberland, Barrington, Bristol and other towns and cities. Kent County includes Warwick & East Greenwich as well as other towns. Newport County includes Newport, Middletown & Portsmouth. Washington County includes South Kingstown, Wakefield etc.

Is representing myself “pro se” a good idea?

Pro se is a latin word which means a person represents themselves. Most Rhode Island divorce and family law attorneys have done these nominal hearing hundreds of times. It is a very bad idea for a person to represent himself or herself in a divorce! As the old adage goes a person who represents themselves has a fool for a lawyer. Since everything you have worked so hard for is on the line it is foolish to go through the divorce process without a family law lawyer.

Documentation to finalize process

After the nominal Court date a Decision Pending Entry and Final Judgment must be submitted to the Court and signed by the Judge. Without a final judgment signed by the judge and entered as an order of the Court, the divorce will not be final and you will remain married.

Uncontested Divorce in Rhode Island (RI) By Family Law Attorney is a post from: Law

Criminal Law – Drink Driving Offences (vic.)

admin — Sat, 28 Aug 2010 11:41:28 +0000

Part 5 of the Road Safety Act (Vic.) contains six types of drink-driving offences as follows:
1 Driving or being in charge of a motor vehicle under the influence of alcohol (DUI);
2 Driving or being in charge of a motor vehicle while the blood alcohol content (BAC) exceeds or is equal to the prescribed limit of 0.05;
3 “Fail the test” offences;
4 Refusing a breath test or failing to undergo a blood sample in hospital after a motor vehicle accident;
5 Failure to have a zero blood alcohol (for Probationary license holders); and
6 An accompanying driver offence.
Penalties for blood alcohol offences usually involve fines or imprisonment or license or permit disqualification. License or permit penalties for drink-driving offences involving BAC readings vary according to the nature of the driver’s BAC, prior drink-driving offences, and when the offence took place.
Conviction for more serious offences like DUI or refusing a breath or blood test, involves two years’ license disqualification for a first offence and four years license disqualification for subsequent offences.
Conviction for BAC reading offences involves license disqualification on a sliding scale according to the BAC reading. The period of disqualification is doubled for a subsequent offence.
As a result of the Road Safety (Amendment) Act 2000 (Vic.), drink-drivers with readings of 0.07 or above must have their license cancelled, irrespective of whether they were issued with a traffic infringement or a summons to appear in court. Magistrates have no discretion to alter the period of cancellation. Drink-drivers with alcohol readings of 0.05 or 0.06 may retain their licenses subject to incurring 10 demerit points whereupon VicRoads has the power to suspend or cancel licenses and permits.
Whilst difficult, it is possible to challenge BAC readings successfully. These defences are generally based upon expert evidence, using the breathalyser over-estimation and rise and fall arguments. These defences are confined to offences of being in charge of a motor vehicle while the blood alcohol content exceeds the prescribed limit.
It is more difficult to challenge “fail the test” offences where a driver has, within three hours of driving or being in charge of a motor vehicle, provided a breath sample or a blood sample which, when analysed, exceeds the prescribed BAC. In relation to those offences, challenges appear to be limited to situations where the elements of the offence are not made out. In other words, defences are that the defendant was not driving; the test was not done within three hours of driving; or where the defendant can establish that the BAC was solely due to the post-driving consumption of alcohol; or the breathalyser was on the occasion not in proper working order or not properly operated.
It is also becoming increasingly common for drink-driving charges to be challenged on grounds that the Police have failed to comply with the drink-driving legislation.
It is important for clients to seek legal advice, particularly where BAC readings are alleged to be 0.07 or above.

Criminal Law – Drink Driving Offences (vic.) is a post from: Law