Monday, September 30, 2013

Evidence & Car Accident Personal Injury Cases

As sensationalized as the crashes in Hollywood movies are, these slow motion scenes don't really give people an accurate picture of what happens in road accidents. In most cases, accidents like these happen at the blink of an eye, and it would be over in a matter of blurred seconds to anyone caught in it. That said, if you do get into an accident, always make sure to get as much evidence as you can, because this is the best chance you'll have of winning your personal injury case.

When you get into an accident, it is important to establish who was at fault, as well as to determine the amount of damage and injury you've suffered from the crash. Take as many pictures of the scene as you can, going in at different angles to get a clearer image of the effects of the crash. Also, try to get the accounts of bystanders on what they saw happen, so that you can prove that the accident happened through no fault of your own. If you suspect that the other driver may be impaired, then alert the officers responding to the scene.

There are so many other things you can do to build a solid case against the other driver, from keeping an extensive record of your injuries and treatments, to seeking legal counsel before contacting your insurance provider. Your evidence will help you get the compensation you deserve, so always make sure you have it.

Wednesday, September 25, 2013

Tell-tale Signs of Abuse in Nursing Homes

There may come a time when you will have to send an elderly loved one to a nursing home or other assisted-living facility in your community. Despite promises of being visited, it can be an emotional time for someone in their twilight years to be watched by persons not of their own flesh and blood. However, the danger of personal injuries arises if the caregiver assigned to them somehow slips in their duties. There are some clues you should watch out for, as these indicate that your loved one is being put through a tough time.
Physical abuse is the most visible form, through signs like unexplained bruises or pressure sores. While marks on the wrists might come from restraints, you should investigate the cause of the marks if your elderly loved one has never been an uncontrollable person. Emotional abuse can be evident if you’re talking to your loved one and it suddenly takes them a long time to recognize you.
If your loved one exhibits any of these tell-tale signs, be prepared for the possibility that abuse might be taking place. The sexual abuse of the elderly includes making them look at pornographic material and forcing them to strip. If your loved one is supported by Social Security pensions or other retirement support assets, it can be a challenge to prove that their assigned carer used the funds for other purposes.

Saturday, September 21, 2013

Why Do People Drink and Drive?

Even a kid knows that it's dangerous to drink and drive, so why do a lot of people still do it (and try to avoid the cops in the process)? Driving under the influence (DUI, sometimes known as DWI or driving while intoxicated) is a serious offense, as in “$200 to $10,000 fine and 1 day to 3 years imprisonment.” Indeed, drunk driving is a serious offense in North Carolina. As it turns out, it's not that they willingly choose to drive while drunk, as most drunk drivers simply make bad decisions while they are under the influence.

Imagine, you're at a party with friends, drinks all around until sunrise. You realize that you'll be fine driving by yourself once the party's over, so you enjoy the free-flowing stream of beer and liquor with your peers. The more you consume, the blurrier your perception of reality becomes. In the end, you make the bad decision to drive home instead of calling a cab, due in no small part of the amount of alcohol in your system. That's basically how DUI or DWI starts.

This is why it's nice to have friends who can take you home. When you know that you'll be going to a party with beer, don't bother bringing your car. Stay away from trouble by enjoying the party without trying to go home by yourself drunk.

Monday, September 16, 2013

Should Your Represent Yourself in Court?

The American Constitution doesn't prevent individuals from representing themselves in court—which is defending their side of the story without the help of lawyers. Outside the United States, a famous example of self-representation in court involves former Philippine president Ferdinand Marcos, who had his 1940 conviction overturned despite strong evidence against him. As long as you're knowledgeable about the law, you can save money on legal fees by representing yourself in court.

However, whether you get to represent yourself in court is usually for the judge to decide. Experts say that judges assess four factors before deciding if plaintiffs and defendants are capable of representing themselves in court: age, level of education, English proficiency, and the gravity of the crime. If judges see deficiencies in one or all of these factors, they're most likely to appoint lawyers to represent defendants and plaintiffs in court.

There aren't many examples of self-representation in court files. If you're worried about the budget, remember that the law entitles you to a lawyer if you can't afford one. You can hear this part in the Miranda Rights. Unless you have a knack for civil or criminal law, hiring a lawyer is your best option to getting a good outcome.

Thursday, September 12, 2013

Racism and Justice: Get a Raleigh Criminal Lawyer to Guide You

The repeal of the four-year old Racial Justice Act created too many speculations and controversies for death-row inmates and their families. In times like these, the help of a trusted Raleigh criminal lawyer can clarify their situation. The Racial Justice Act aims to correct racially-biased sentences and is not about doing away with death penalty. Death-row inmates must prove that they have biased sentences to reduce their penalties to life sentence. It can be a good news to the inmates, but they need to gather concrete evidences and statements to strengthen their defense. The act is still uncertain for the death-row inmates of North Carolina. Nevertheless, it gives them the opportunity to rectify the mistakes done to them. To increase their chances of doing so, they have to get a tried and tested criminal lawyer who will strengthen their evidences and statements.

Wednesday, September 11, 2013

What Are Misdemeanor Crimes?

In the United States, criminal offenses can be classified as either property crime or personal crime. Both of these types are then grouped according to their severity with felony being the most serious. Misdemeanors, on the other hand, are considered lesser crimes than felonies, but graver than infractions.
Whether a certain criminal act would be considered as a felony, misdemeanor, or infraction depends largely on each state. In fact, many states further classify different levels of misdemeanors. When a person commits a crime that's considered as a misdemeanor, he or she may or may not serve jail time for it. The maximum sentence for misdemeanors is a mere 12 months.
Aside from serving jail time, there are a few states where people convicted with misdemeanors lose their civil rights like all convicted felons do. Some of these rights include the right to carry guns and the right to vote. Being prohibited from getting employed in certain jobs, however, is a punishment that all states can impose on certain types of misdemeanor crimes.
Crimes that are usually deemed as misdemeanors, such as driving under the influence or DUI, could turn into felonies due to certain circumstances, such as actually hitting a pedestrian while driving.

Prove Your Innocence With A Raleigh DWI Lawyer

Proving your innocence against a DWI accusation is kinda hard. You must have a time-tested Raleigh DWI lawyer by your side to help you. This was shown by New Bern Mayor Lee W. Bettis Jr. when he was arrested and charged earlier in May. He was reported by a motorist due to swerving back and forth onto the road as he maneuvered his Chevrolet van. His breathalyzer result was 0.00, but it didn't clear the mayor's charge, failing in subsequent tests. He was charged with failure to obey highway markings, and failure to maintain lane control. Some drivers think that passing the breathalyzer test can get them off the hook. However. there are other tests that the authorities can administer, just to make sure. As the test and the hearing proceed, getting an experienced lawyer, like Kurtz and Blum, is a big must to represent you in court. You better get your attorney as soon as possible. Free yourself from the agony of being convicted of a DWI. Consult your local attorneys, now.

Friday, September 6, 2013

On Legal Action Following a Car Accident

A popular bumper sticker once read that a certain four-letter expletive happens. The sticker couldn't be more apt as a decal for cars, which remain one of the deadliest forms of transportation in the world. Car accidents are the leading causes of death in America, and more people have died in automobile crashes than in airplane disasters.

Whether you survive a car accident or not, it will cause all sorts of physical and emotional distress for both you and your family. The medical bills needed to pay for treating a crash victim could also cause financial distress. If you or your relatives feel that someone must take responsibility for the tragedy, it's possible to file a personal injury claim against an individual suspected to be the cause of the accident.

In a legal dispute revolving around a car accident, the plaintiff should be able to prove the negligence of the defendant. It would help plaintiffs to acquire proper documentation of the incident as soon as it happens, so that any details wouldn't be missed. Eyewitness accounts, pieces of evidence, and testimonies will be scrutinized by the court to verify the claims of the plaintiff. Only by convincing the court of the defendant's negligence can the plaintiff win the case and be awarded compensation.

Sunday, September 1, 2013

Going for a DWI Probation

When the cops have booked you for driving while impaired (DWI), the sentence can work out in one of a few ways. These include the suspension of drivers' license, fines, and a degree of jail time – or all three penalties mixed into a punishing cocktail. However, the defendant's counsel can convince the judge to put their client on DWI probation with a probation officer assigned to keep tabs on him. There are conditions that the offender should follow, which may differ on one of five aggravated levels as stated in North Carolina General Statutes (NCGS).

Level V Punishment carries the light penalties, as stated under NCGS § 20-179(k). A jail term of between 24 hours to 120 days plus fines of up to $200 are imposed. If the judge grants probation, they can state other conditions to augment obligations of undergoing substance abuse and related education.

Level I DWI Punishments under NCGS § 20-179(g), the toughest, carry terms of between 30 days to 24 months plus a fine of up to $4,000 if the chief aggravating factor was the defendant being accompanied by a minor at the time of the offense. However, if probation is ordered, the defendant should abstain from alcohol for a minimum of 30 days up to the maximum term, but the authorities will keep watch through an alcohol monitoring system.

Prison time can be trying for the defendant. If probation status is granted, it's up to them to make amends.