Possession of Unlawful Weaponry


Necessary registration and documentation of weapons in your possession is essential in order for the government to keep track of these dangerous weapons and in order to avoid illegal distribution of weapons. Being caught with an unlicensed weapon can be problematic, as penalties for these charges can be severe and could affect you and your family as well. Not everyone is immediately guilty when caught with a weapon, so contacting a criminal defense lawyer could greatly help you in protecting your rights and preventing harsh penalties.

A weapon offense charge can effect a person in various ways. This reflects the varying degrees of danger or lethality different weapons possess. For example, carrying a handgun illegally is a lighter offense than being in possession of a machine gun. Explosives carry harsher sentences, while melee weapons are less likely to have similarly severe penalties. Being accused of having a weapon illegally can result in time in prison and expensive fines.

Certain circumstances can aggravate your charges of possession of unlawful weapons, and there are several reasons why carrying a weapon can be considered as unlawful. Some examples are:

  1. Carrying or possessing a weapon while being 18 years or age or younger
  2. Concealing a weapon in your person
  3. Possessing and carrying a weapon while you have a felony conviction or other charges
  4. Having a weapon in a vehicle that is easily accessible

Possession and carrying of unlawful weapons is classified as a Class A misdemeanor. When you or someone you love is caught with unlawful weapons, you can be charged with penalties of fines of up to $6, 250 and up to a year of imprisonment.

Being charged with carrying or possessing of unlawful weapons can be damaging to your career and to your life in general, and although you have your reasons for carrying them the penalties can be too hard to bear. Fear and confusion can take over and you may not be able to preserve and protect your rights, which is why it is important to have criminal lawyers to have your back. With the heavy penalties and possible incarceration, it could benefit you to have the right criminal lawyers who can fight on your behalf and give you peace of mind regarding your charge.

Filing for Chapter 13 Bankruptcy after Denied Mortgage Modification


For people who have been denied of their application for mortgage modification, there is another option. If they really don’t want to lose their home to foreclosure, then they have the choice to file for Chapter 13 bankruptcy. With Chapter 13, homeowners have the opportunities to postpone or stop foreclosure and pay their back debts on mortgages. Many people use the power of Chapter 13 to keep their house because it allows them to have enough time to be current on their payments.

Foreclosure is stopped by the protection from Chapter 13 bankruptcy. Upon filing of Chapter 13, the automatic stay order is immediately implemented. While the bankruptcy case is active, the lender is prohibited from collecting payment from you. Although Chapter 13 does not erase your mortgage debt, if it is part of your Chapter 13 repayment plan the lender can’t turn down your payments for previous missed payments. Regardless of current or future missed payments, the lender is also not allowed to take over the house.

Through the repayment plan from Chapter 13, you have the option of paying in full or portions of the debts and you have the chance of having the late and unpaid payments paid over the extent of the repayment plan. Factors such as your income and the time that you need to complete all the requirements can also affect your mortgage. You must also be able to pay for the current mortgage and other basic necessities while paying your mortgage arrearages with your current income. Foreclosure can be prevented if you are able to pay the needed payments throughout the repayment plan.

Another option aside from mortgage modification and filing for Chapter 13 bankruptcy is by negotiating with your lender. Bankruptcy does help in easing the payment plans and giving you enough time to save up for your mortgage, but it can affect your credit record for a significant amount of time. Weighing your options with a lawyer can greatly help in knowing which option to choose.

Effective Insurance Claim Preparation


Unless one has been through it, most people have no idea how potentially frustrating and troublesome it is to go through an insurance claim preparation, especially for property damage. Gathering together the needed documentation, arranging for an assessment, and coordinating with adjusters all take time. And even if everything is finally ready, there will be requests for additional documents, or the wrong documents were passed, and so on and so forth.

The fact is, most insurance companies will make any claim as difficult as reasonably possible to delay the payout or to justify denying a claim. According to the website of Dallas, Texas based law firm Smith Kendall PLLC, inaccurate or incomplete documents may be used as the basis for refusing to compensate the insured for damages to property. Even if the claim has been properly filed, it can take months of to-ing and fro-ing before the payout, if any, is released. And if the claim is denied on a technicality, appealing it can take even more time and effort. All this can lead to a lot of unnecessary stress and hardship for the claimant. For some situations, this process, if not properly executed, could take a longer time than expected.

The most effective way to prepare an insurance claim is to have a professional do it. Lawyers who specialize in preparing, filing and tracking insurance claims will not only ensure that no legal or administrative loophole is exploited, but that the claimant gets the full coverage which he or she is entitled to. A professional will be familiar with and know how to circumvent the various strategies that insurance companies employ to delay payouts, deny coverage and defend their actions. This will also convince the insurance company that the claimant is not to be denied what should be rightfully given and received. While this service will definitely come at a price, considering the savings in time and effort as well as avoiding the stress of the whole process, it will be money well spent.

Probable Causes for a DWI or DUI arrest


Police in the US can only detain or investigate a person if they have a valid reason. This is referred to as probable cause, and in the case of a driving while intoxicated (DWI) charge, it is important that there was probable cause for being stopped in the first place, let alone being subjected to a field sobriety test (FST) or a breathalyzer test.

In the US, blood-alcohol content of .08 or over is considered DWI. However, even if you are driving legally under the limit you could be still be drunk without showing signs either in behavior or perception; so there shouldn’t be any reason as to why you should be pulled over. If this has happened to you and you were ultimately arrested for DWI, it is recommended that you find a qualified DWI attorney in your area to help you achieve justice for this wrongdoing.

There are several actions that constitute probable cause for pulling over a vehicle. These actions are including but not limited to:

  • Speeding
  • Erratic driving
  • Swerving
  • No valid inspection sticker
  • Broken tail lights
  • Failure to obey traffic lights
  • Expired plates
  • Failure to use turn signals
  • Loud exhaust

The police can only pull you over if you initially did something wrong, or they have a good basis for suspecting some illegal activity; such as a tip from another person, or personally witnessed the behavior. Once that is established, only then can they require you to take the FST and chemical test if they:

  • Smell alcohol in your breath or in the car
  • See cans of beer or other alcoholic beverage containers
  • Witness slurred speech, erratic movements, or strange behavior

Failure of the police to prove probable cause at either the stoppage or test administration in any DWI charge can result in a dismissal of all charges. This can greatly affect you if you have been arrested for DWI; a DWI conviction is a serious matter, so hiring the right attorney is critical. A DWI attorney will make sure that probable cause can be established so that your case doesn’t have to be more difficult than it needs to be. If you’ve been charged with this kind of alcohol related crime, having an experienced legal profession by your side may help you reduce punishment or protect your license. Your life may be effected by a DWI charge if you do not take action as soon as possible.

Addressing Sex Discrimination in the Workplace


Sex discrimination in the workplace is still a problem in this day and age, despite the multiple laws penalizing it, particularly Title VII of the Civil Rights Act of 1964 and the Equal Pay Act. While the laws are carefully phrased so that it applies to both men and women, most people tend to associate this form of discrimination as disproportionately affecting women. If you believe that you are being discriminated against because of your gender, whether you are a man or a woman, you do have legal options available to you. There are venues for addressing the issue on both the state and federal levels, and if that doesn’t work, you may be able to take your case to court.

Sex-based discrimination in the workplace includes issues of hiring, termination, compensation, job training, promotion, sexual harassment, pregnancy-related discrimination, and retaliation for opposing, complaining, or suing for sex discrimination. Any of these issues may eventually constitute the basis of a sexual discrimination lawsuit.

Will I Need a Lawyer?

The laws pertaining to sex discrimination are manifold, which also increases the complexities for filing a complaint. It would be wise to retain the services of a sex discrimination lawyer to ensure that the legitimacy of your complaint is not compromised by ignorance of the technicalities of the law.

For instance, a victim of discrimination is directed to lodge any discrimination complaints with the state commission on discrimination or the federal United States Equal Employment Opportunity Commission (EEOC) before bringing it to court. However, there is a statute of limitations of 180 days for filing with the EEOC unless a complaint was filed before the state commission, in which case the EEOC statutory limit is extended to 300 days.

Federal law requires that a plaintiff exhaust all possible administrative recourse before filing a lawsuit. Failure to file with the EEOC before the statutory period is over may mean that you may not file a lawsuit under Title VII or the Equal Pay Act, depending on your particular case.

Auto Accidents Due to Negligence


The elements of a personal injury lawsuit require that a plaintiff proves that the defendant was careless or did not act with reasonable care i.e. tailgating and that this negligence resulted in injury to the plaintiff. If the plaintiff did not sustain any injury or monetary losses i.e. lost wages, the case has no merit as a personal injury claim even if negligence can be proven.

Negligence is an oft-repeated term when it comes to personal injury cases, but in the case of an auto accident, assigning fault is a key factor in determining liability. However, this is not always easy to do. Even when an auto accident involves a pedestrian who is seriously injured, it does not necessarily mean it was because the driver was at fault. A driver who takes reasonable care might not be liable for an auto accident in every situation.

But if both parties are to blame, it’s a little more complicated. For example, if a pedestrian ran across the road outside of the crosswalk to catch a bus without looking to see if it was clear and was hit by a car going too fast, you may both be considered negligent even if the pedestrian was the only party who sustained an injury. This may also apply in the case of an auto accident involving two cars where only one motorist was injured. In such cases where blame is shared, some states do have partial responsibility statutes in place that allow for the recovery of damages.

Modified comparative negligence defined

In cases where the plaintiff can be shown to be partially responsible for the accident, damages can only be claimed if the plaintiff is less than 50% at fault. In many states, a person who is partially at fault for an accident can only receive compensation that is comparable to the amount of blame that the other party had for the accident. For example, if a car accident victim would have been awarded $100,000 in a personal injury case, but they were 40% responsible for the accident in question, they would only be awarded $60,000.

Better Late Than Never Does Not Apply in Medical Diagnoses


There are those who believe that doctors are infallible and all-knowing, however, they are still human and can make mistakes. Diagnosing a medical condition takes years of study and training, and even then it’s not always correct. In some cases, a medical condition is not immediately recognized and therefore not treated and these could have serious health consequences. This is referred to as delayed diagnosis, and may warrant the attention of a personal injury lawyer if it can be proved that there was insufficient care provided.

When a patient is asymptomatic (no symptoms presented) or presents vague symptoms that could indicate any number of medical conditions, it is hard to make a timely and accurate diagnosis. However, a physician has the responsibility of providing accepted standards of care which includes a thorough physical examination, interview and diagnostic tests to determine the nature of the condition. If these standards are met, then no negligence can be conferred to the doctor. Otherwise, a personal injury case may be filed against the doctor and other medical personnel involved.

Effects of Delayed Diagnosis

This is because a delayed diagnosis of a serious disease or medical condition can lead to the progress of the condition that will result in injury, illness, or even death. For example, a patient complains of recurring debilitating headaches. The doctor sends the patient home with a couple of aspirins and a pat on the head without ordering the standard tests to trace the nature of the headaches. Much later it turns out the patient has a brain tumor that may have been managed in the earlier stages, but the delay was enough to render it untreatable. In that case, the doctor may be held liable for medical malpractice, and a lawyer may be necessary.

Another reason delayed diagnosis can lead to death is when an emergency medical condition remains undetected, such as internal bleeding. Immediate treatment would be able to check the progress of the bleed, but without the proper diagnosis, a patient can die without receiving the proper care that could have been life-saving.

Diseases and medical conditions that are most commonly diagnosed late, if at all, include:

  • Cancers and tumors
  • Myocardial infarction
  • Strokes
  • Internal bleeding

The effects of delayed treatment for late-diagnosed medical conditions or diseases include:

  • brain damage
  • organ failure
  • hemorrhage,
  • permanent disabilities
  • paralysis
  • infection
  • death

A medical establishment may also be liable for damages if their refusal to admit a patient for whatever reason in an emergency situation results in death or serious injury. This is referred to as failure to treat, and contravenes several state and federal laws. If a hospital or clinic discharges a patient too soon in the sense that his or her condition is not yet stable, it can also be considered medical malpractice.

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