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Common Law

5 Common Examples of Misdemeanor Offenses

A misdemeanor is defined as a lesser criminal act that is less severe than a felony and more severe than a regulatory offense. A misdemeanor is the United States of America is punishable by fines, probation, community service and up to twelve months incarceration. Misdemeanors are often classified into several categories based on the severity of the crime. This category system usually has dedicated punishments.
Being arrested for a misdemeanor may not mean a lengthy prison sentence, but it can seriously affect job prospects and certain civil privileges. For example, a school bus driver that gets his or her first DUI may be illegible for future licensing. It is important to seek proper legal counsel for misdemeanors, no matter how petty. Here are five common examples of misdemeanor offenses.
1. Petty Theft
Theft is an umbrella term that encompasses grand theft, petty theft, larceny, stealing, embezzlement and any other instance of taking someone’s property against their will. In most jurisdictions, petty theft is identified by a value amount. For example, petty theft in the state of Washington, California and most other states in the US is theft of under $500. Anything above that, which any Los Angeles or Seattle criminal lawyer will tell you, is classified as grand theft which can be a felony.
2. Public Intoxication
In some states, public intoxication is a misdemeanor. Public intoxication generally involves intoxicated individuals causing a disturbance in a private or public area. Intoxication can be caused by alcohol or drugs. Public intoxication or drunk disorderly conduct is dealt with on a state level, and because of this the penalties vary greatly. California and Kansas both consider public intoxication a misdemeanor, while Nevada and Montana have no public intoxication laws.
3. Simple Assault
Simple assault is a common example of a misdemeanor. Simple assault on police officers, elected officials and social workers are felonies, an exception to most simple assault laws. Simple assault is defined as assault without the intent of injury. An example of simple assault can be attempting to cause someone physical harm or simply invading someone’s personal space.
4. Trespass
Trespassing is the act of someone unlawfully entering, walking on or living on private property. It is common to see “no trespassing” signs on places such as schools and private hunting grounds. Trespassing laws vary among jurisdiction, but are commonly found as misdemeanors. There are certain exceptions to trespassing laws including law enforcement, meter readers and government surveyors.
5. Indecent Exposure
Arguably the most varied misdemeanor is indecent exposure. Since the term “indecent” can mean many different things, it is up for the specific jurisdiction to enforce this misdemeanor. In Washington State, a Seattle criminal attorney would define indecent exposure as intentionally exposing his or her person to another with the knowledge that the action can cause reasonable alarm. Exposing yourself to a minor under the age of fourteen qualifies as gross misconduct, a felony.…

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Common Law

Why We Need An Immigration Consultant

Most of us wants to go and shift abroad for various reasons, for higher education, for Job, for business and so on. And the process of going abroad requires a hell lot of things, you can’t just pack your bag and board the flight. One requires the necessary documents, MONEY and a consultant. Some of you might be thinking you don’t need any Immigration consultant?? Trust me you need one, and the reasons are mentioned below.

A person who aides you throughout the process of immigration except helping financially is an Immigration consultant. He/She helps you right from applying for the passport to suggesting which flight to take for the destination country. He is your best buddy in the whole immigration process. There are different types of immigration policies of different countries. Immigration consultants are the persons who have adequate knowledge about these stuffs. An immigration consultants experience helps you having your visa application more impressive and accurate than the ones that don’t have an immigration consultant. Services provided by an Immigration Consultant:

A) It’s the immigration program that decides the possibility of getting the authority of permanent residency in a country or a getting temporary work permit. The possibility of immigration depends on your job, your company, province, destination, Purpose of immigration etc. There are separate programs like family reunification programs, business programs and other agenda for refugees. Generally peoples are not aware of the details of these programs so it becomes difficult for a person to make the right choice. It is the immigration consultant which helps the immigrants to choose the program that is most suitable for them.

B) Now a days when everything is available on the internet, one would say why to pay an immigration consultant, let’s GOOGLE it. Obviously all sorts of information related to immigration are available on the internet, but lots of details are not explained and most of the well detailed information is not understandable because of the legal terminology used. It is where the role of an immigration consultant is must. The consultant agent can help you filling up the forms and other documents correctly. Even if you had messed up the things like not consulting an immigration consultant before submitting your documents and forms that resulted in the rejection of the form it’s not too late yet go get a consultant he knows exactly what to do now.

C) Works as a bridge between the immigrant and the government. You can imagine him/her as a job consultant who can help you getting a job in a particular company. Saves a lot of time too.

D) Helps you in preparing for the interview for getting the Visa. As they have enough knowledge of the immigration field they surely can give you few tips like do’s and dont’s in the interview.…

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Traumatic Birth Injuries

Although the United States has some of the most advanced medical technologies, statistics show it is unable to provide adequate care to new born babies, with 6 out of every 1000 babies incurring traumatic injuries at birth. The effects of certain injuries are often difficult to detect as speech patterns and behavioral issues develop as the child grows.

Typically, birth injuries occur due to the increased pressure put on the baby while passing through the birth canal. Issues such as prolonged labor, legs-first delivery, premature birth, and the doctors’ use of forceps can increase the chances of injury at birth. Although some of the situations that cause birth injury are beyond doctors’ control, if any of the following issues arise, you might want to discuss the situation with legal counsel:

Failure to accommodate increased pain or discomfort

Inappropriate use of hormones to speed up labor

Failure to respond to internal bleeding or fetal distress

Delay in diagnosing and ordering the need for a cesarean section

Failure to attend to infections after birth

There are ways to detect injuries to your newborn baby. Bruising, swelling, or scratches on the face or head might have been caused by negligent use of forceps or a vacuum extractor. If the infant is unable to move one extremity, or cry or laugh with only one side of their face showing emotion, they might be paralyzed. Other injuries such as broken bones or cerebral palsy are harder to detect until the child starts crawling or walking, hearing and responding to stimuli, and developing speech patterns.

If you suspect any of the above issues with your, or someone else’s child, it is imperative for you to get the child checked by a doctor. Also, upon discovery of an injury sustained at the birth of the child, it is important for you to speak with an attorney to discuss your case and remain within the statute of limitations.…

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Becoming a Migration Agent

Becoming a migration agent can be quite a profitable business venture as there is a great deal of interest in migrating to western countries such as the United States, Australia, Canada the United Kingdom and England. Basically an agent is someone that uses knowledge or experience of procedure to assist other people to apply for visas. You need to register as an agent if you conduct this activity for profit. Those covered by this requirement include people providing assistance to people bringing court proceedings in respect of migration decisions and providing assistance to people who ask the government to exercise a personal discretion after a decision by a tribunal or in respect of certain people in immigration detention.

Help with an application for Citizenship is usually not included in the definition of immigration assistance in most countries. However, it is advisable to obtain advice on citizenship issues from a competent migration assistance professional. It is also important to be aware that not all lawyers are agents and not all agents are lawyers. Relatively few professionals hold both qualifications. There are also a range of people who can provide immigration assistance without the qualification of being a migration assistance professional. These people include lawyers advising on court proceedings, parliamentarians and their staff, employers intending to sponsor an employer sponsor visa, sponsors of visa applicants, diplomats, public servants and close family members.

As an example for Australia, in order to become a registered migration agent, a person must make an application for registration on an approved form to the Migration Agents Registration Authority, be over 18 years old, be an Australian Citizen, be proficient in English, be a person of integrity and have a prescribed qualification which can include a legal practicising certificate from any state or territory of Australia or completion of an approved course under the regulations. A registered agent will need to hold professional indemnity insurance and publish a notice of intention to register on the Migration Agents Registration Authority website. The registration office has a policy of checking a person’s character by using an Australian National police record check. Also, where a lawyer applies for a migration agent authorisation, their profesional indemnity insurance through the law society concerned is sufficient to meet the requirements for the need for insurance under the regulations.

Only a commercial migration agent can charge a fee for providing immigration advice or assistance. This provision does not prevent a lawyer charging for immigration legal assistance. Migration assistance professionals report an average income of approximately $70,000.00 per year. Migration is a field of law that allows one to assist people to come to Australia which is an excellent country to come to for those looking for opportunities.…

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Why Your New York State Breath Test May Be Falsely High?

Living in the land of “Ignorance is Bliss” and “What you don’t know won’t hurt ya” can cause lots of problems for the guy on the street, and moreso for criminal defense lawyers. Understanding the science behind DUI machines can open your eyes to the truth. It’s crucial for the police to check your mouth and to watch you for 20 minutes before giving you a breath test. Contaminated samples (with mouth alcohol) can give falsely high results.
In upstate New York drunk driving tests the police take only one breath sample. The city and town police use the Datamaster breath machine, and the breath is checked only one time for alcohol. State police use the Draeger Alco Test which checks the same sample twice.
Scientists in labs normally do “duplicate” testing. They test two separate samples. Many states do duplicate sampling. I am a fan of the CSI TV show, on the show it is the forensic norm to test two separate, and distinct samples for all criminal evidence. This lab procedure assures greater accuracy of the results because we have confirmation.
Upstate NY Police Procedure: One Sample with One Test = NO Confirmation of Results
Imagine for a moment going to the doctor, and getting a high blood pressure reading on his machine. Should the doctor make a diagnosis based solely upon the one test, and prescribe medication? Doctors have to have three separate office visits with a showing of high blood pressure before making a diagnosis of high blood pressure let alone prescribe drugs for this condition. How about a more serious scenario, you have a blood test for HIV, and you are told it is positive. Imagine if the doctor states that you cannot have another test. Sorry, no second opinions for you, you just have to live with those results. Having to live with the results of one single test means coming to a conclusion with NO confirmation. This is in my opinion bad science, bad medicine, and bad testing.
Well having a breath machine spit out a number without confirmation of the result is scary stuff. The machine is an unsworn trial witness.
An inaccurate test result is bad enough but when you only get one opinion (from one test sample), and the police make that one test critical to your guilt or innocence of DWI (based on that one test) then fairness has been eliminated from the process. In a State without an expungement statute that truly is a life sentence.
Take away: To insure a clean and accurate breath sample your defense attorney must check that the police did a mouth check, and followed the mandated 20 minute observation period before your test.…

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Attorney At Law

American Bail Bonds History

The history of bail bonds can be traced back to English law. Upon independence in 1776, the original colonies enacted bail specific laws which were both woven into the Constitution’s amendments and as stand alone laws.
Many identify the constitution’s eighth amendment as the basis for American bail laws by mandating that excessive bail may not be used to detain defendants who are entitled to bail by law. In addition, the sixth amendment also has implications for bail by guaranteeing that prisoners must be notified that they are in fact eligible for bail by law
The Judiciary Act of 1789 established further legal framework for bail, but did not differentiate between the use of bail before and after conviction. Then in 1946, the Federal Rules of Criminal Procedure clarified that release after conviction pending an appeal or application for certiorari is at the judge’s discretion regardless of the crime.
Then in 1966, the first major change to the bail laws occurred since the 1700’s. The Bail Reform Act of 1966 enacted into law that defendants, for non-capital crimes, shall be released prior to trial on their own personal recognizance or on personal bail bond unless a judge determines that these incentives will not adequately assure their appearance at their criminal trial. Essentially a judge is compelled to select the least detrimental and restrictive means to assure that the defendant will be released and consequently appear in court as ordered. Thus, the defendant may be released but with conditions such as paying bail, posting a bail bond and restrictions on their travel. Individuals charged with a capital offense or who have been convicted and are awaiting sentencing or appeal are subject to a different standard. They are to be released unless a judge has a reasonable doubt that there are no conditions that “will reasonably assure that the person will not flee or pose danger to any other person or to the community.”
The Bail Reform Act of 1966 essentially set a standard that defendants must be able to secure release with as little burden as possible that will reasonably motivate them to appear in court as ordered. The likelihood that a defendant will appear in court is the only basis for the bail decision is made by a judge in non capital offenses. Unlike capital offenses, in noncapital cases the Act doesn’t allow the court to consider a suspect’s dangerousness to the community.
While some aspects of bail law have changed over the course of America’s legal system maturation, the right to bail remains intact. Just as in the colonial times, defendants still have access to bail if a judge reasonably expects they will fulfill their obligation to appear in court.…

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Attorney At Law

How Is a Managed Investment Scheme Taxed?

A managed investment scheme or managed fund is a type of collective investment vehicle such as public unit trust. In such a trust, investors hand over money or other assets to a professional manager who manages the total funds to produce a return that is shared by investors. As members of the scheme, investors hold units in the trust that represent a proportional benefit as an entitlement to the trust assets. Managed investment schemes cover a variety of investments, including cash management trusts, property trusts and timeshare schemes. However, they do not encompass regulated superannuation funds, ADFs or term deposits. The commission considers that the property syndicate that is structured to comply with the managed investment scheme provisions of the Corporations Act 2001 (Cth) is taxable under the trust provisions of the income tax assessment legislation according to Taxation Determination TD 2005/28.
Managed investment schemes that are required to restructure to comply with the Managed Investments Act 1998 (Cth) giving income tax and capital gains tax relief from the consequences of the restructure. There are also special provisions in relation to corporate unit trusts. These entities, in relation to an income year qualify in this category as a public unit trust as part of an arrangement for the reorganisation of the company or company group. It may be that a business or other property of the company has been transferred to the entity and shareholders of the company involved in the reorganisation then received entitlements to take up units in the trust. A trust of this nature is a public unit trust under this purpose where any type of the units are listed or quotation on the stock exchange, the units are held by 50 or more persons, or any of the units are offered to the public. In this case, the managed investment scheme or corporate unit trust is taxed as a company. Obviously, this area of the law is extremely complicated and if you have any questions in relation to this part of the law you should seek advice from an appropriately qualified professional.…