Archive for January, 2010

The causes of trucking accidents

Wednesday, January 20th, 2010

There are many causes of semi truck accidents but some of the most common causes are:

• Drug use: The major cause of the truck accidents is drug use. 26% of the truck drivers who are on prescription drugs are the cause of trucking accidents. Most of the drugs induces lethargy and drowsiness and thus cause accidents. 18% of the drivers who take over the counter drugs for pains or normal fever also cause accidents.

• Disobeying the traffic rules: 23% of all the accidents are caused by the negligence and rashness of the truck drivers. Most of them drive faster than the speed limits and lose the control of the truck and cause accident. Illegal maneuver and wrong overtaking also cause severe accidents.

• Fatigue: The truck drivers need to cover many hundred miles at a stretch. Sometimes they don’t get adequate sleep and rest which cause fatigue. The driver may fall asleep at the wheels and cause accidents.

• Unfamiliar roads: About 20% of the accidents occur as the truck drivers don’t have the complete knowledge of the terrain and roads. The unfamiliarity of the roadways prevents them from anticipating the bends and merging traffic and causes accidents.

• Exterior distractions: Some times some exterior distractions like a sudden crossing of the road by elderly or a kid can cause accident. The truck driver may try to save them and hit somewhere else causing accidents. A sudden searing noise can also distract the truck driver.

Many times it has been found that the driver was engrossed on a mobile phone or music and missed some traffic rules and caused accident.

Manufacturing or Delivering a Controlled Substance and Child Custody

Wednesday, January 20th, 2010

Drug charges cover a broad range of offenses, from the less severe, such as simple possession of a small amount of drugs, to the more serious, such as participation in the ongoing manufacturing or distributing of drugs. Even minor drug charges, such as drug possession, can be frightening and carry the risk of serious penalties upon conviction. The more serious drug charges, of course, can give rise to even graver consequences. Past drug convictions, the amount of the controlled substance that was found, and the severity of the drug type usually dictate the severity of the charge(s) to be levied. Drugs posing a greater threat to the individual are typically treated with greater legal penalties. In addition to prison time, another significant consequence can be the loss of custody of children in the household.

Issues involving child custody are very complicated especially when one or both of the parents have been charged with a drug offense. Since the issue of child custody is a civil matter, the case will generally be assigned to a family court judge. It is important to note that the case in family court can proceed against a parent even though he/she has not been actually convicted of the drug offense. The standard of proof required in family court is much more relaxed than in criminal court and there is no limitation regarding the information the judge may consider in making a determination on the custody of a child.

If either parent is contesting that the other should not be given custody or visitation then the matter can get even further complicated. When one parent has placed the child in a dangerous situation (this includes exposing the children to illicit drugs) this parent’s right of visitation can be denied and the other parent awarded sole legal and physical custody. In the alternative, the court can also order sanctions such as drug treatment and random tests to insure the safety of child.

Ultimately, the child’s welfare is the court’s paramount consideration. Of course, the fact of the personal relationships or circumstances of the parents are going to be relevant. The court will undoubtedly want to know if the fact that a parent is involved in drug activity is going to impact upon their ability to care for the child. The overall issue the family court will focus on is how the drug offense impacts that parent’s ability to adequately care for the children.

How Effective is Entrapment as an Appropriate Defense?

Tuesday, January 19th, 2010

Entrapment is the act of a law enforcement agent inducing a person to commit an offense, which the person would not have, or was unlikely to have, otherwise committed. An entrapment defense generally requires the defendant to prove that he never would have committed the crime absent the police trapping him. At the same time, the government will attempt to show that the defendant was predisposed to committing such a crime so as to negate the entrapment defense. If the government is able to show that the defendant readily and quickly responded to a single invitation, then they may be able to establish that the defendant was inclined to committing the crime on their own. However, even if the defendant was predisposed to committing the crime the government may still be required to prove it was not the law enforcement’s suggestive nature that caused crime to be committed.

As an affirmative defense, a defendant who is claiming that he was entrapped is stating that he did in fact commit the crime for which he is being accused. What the defendant is suggesting is that he should be excused from criminal liability, because absent being lured to the crime or enticement to engage in the criminal activity, he never would have committed the offense. Federal law provides that a defendant can both plead not guilty to the act of the crime and claim an affirmative defense of entrapment. However, both defenses are seldom asserted simultaneously.

Generally, entrapment is most commonly asserted as a defense in sting operations. For example, in the case of a drug sting if the police put pressure upon a person to sell drugs who initially refuses, but is persuaded to do so, then they could be seen as entrapping that individual. In the process of such operations, the police often engage in the same so-called crimes as the target suspect in order to gain the trust of the individual. Sometimes this conduct may be unethical and rise to the level of entrapment.

There are certain limitations, however, on when a defendant may raise an entrapment defense. Serious criminal charges such as homicide or felony murder can never be a defense to entrapment. In addition, if a defendant has a criminal history he may have a difficult time proving an entrapment defense because the government will attempt to introduce evidence of the prior convictions. If the prosecution can demonstrate a previous history of similar crimes then it becomes extremely difficult to prove entrapment.

The circumstances under which an entrapment defense may be employed are fairly specific, but an attorney familiar with an understanding of entrapment defenses may be able to give you more information regarding a particular situation.

Neil Lemons represents Teakell Law. For more information on entrapment testimony defense in the Dallas/Fort Worth area visit their website http://www.teakelllaw.com.

Professional Labor Lawyer California

Monday, January 18th, 2010

Nowadays, there are lots of local problem in laws in California that needs a professional to solve it. Discrimination based on age, sex, national origin, pregnancy, sexual orientation or marital status that needs the expert and professional lawyer to solve their problem. Federal and local laws prohibit employers from terminating employees for various reasons as mention above. A termination might be considered a wrongful termination if it is based on one of the various reasons above under California law.

If an employer terminates an employee for making complaints about discrimination based on any of the listed classifications above, the termination may be considered an illegal retaliation that can be solve by California labor attorney that have professional and expert lawyer in their field. There are also some problems that they can handle with their professional lawyer such as, discrimination based on disability or retaliation for seeking a reasonable accommodation for disability, discrimination or retaliation for taking a medical leave or a leave to care for a sick parents or children, discrimination or retaliation for making complaints about wage violations, etc. With their labor lawyer California, this company provides a law boutique law firm specializing in California employment labor, overtime law, labor law, wrongful termination and many other problems that happens to the employers.

Besides, this company also has a philosophy that they will provide exceptional clients services and aggressively pursue to the cases that they accept in order to make their clients more convenient with their services. They also understand the delicate and personal nature of employment matters including wrongful termination and overtime law and providing compassionate and attentive representation of their services. Even if an employee has not been terminated, they may have a claim against their employer if their employer has subjected them to unlawful harassment or discrimination while they work for their employer.

Are There Any Good Cops Left?

Monday, January 18th, 2010

One day I happened to go to downtown Charlotte to register some business documents and was told to go from this building to that. From this room to the next. I have a disability from a bad car accident, so on the way through one of the buildings – which happened to have some of the criminal and/or traffic courts I had to sit and rest my back. The only place to sit was inside one of these courtrooms. So I sat and was amazed at what I heard.

It wasn’t what I heard from the judge or assistant district attorney that caught me offguard. It was what I heard from the police. They were there to answer for the citations and such they issued. According to the U.S. Constitution every person is innocent until proven guilty. But to these police officers, that was not the case. These people were referred to as scum, inbreeds that belonged on Jerry Springer, etc… I overheard racist remarks, jokes about the defendents, etc… all muttered between the police officers. I thought these officers took an oath to uphold justice and American laws. It sure didn’t sound like it.

Then I noticed something even more disturbing. There were a few deviant individuals in there, but mostly it was the poor and destitute in there. It was also mostly black people. As I looked around there was not one wealthy or even middle class person present. The only people in these catagories was the lawyers, assistant DA and the judge. It was mostly poor people that are working hard to just barely make it by. The black lady I sat next to was there to fight a speeding ticket and an unregistered license plate. The Assistant DA came over and offered to drop one citation if she would plead guilty to the others. The lady’s reply -

“I was held after at my first job and was rushing to get to my second job so I wouldn’t be late. I have already been late due to my first job and my other job on the weekends. I was afraid of being fired and I would lose my kids to Social Services as I wouldn’t be able to provide for them. I have three jobs just to put food on the table – I can’t afford even one of those fines. I can hardly afford gas. Maybe I should just go on welfare.”

I couldn’t believe what I heard – This lady was working 3 jobs to provide for her kids. She wasn’t doing anything wreckless – her ticket was for going 5 miles over the speedlimit. There was no way she was lying. This brought tears to my eyes – I took what money I had in my pocket and wrapped it in a piece of paper and gave it to her when I walked out. She needed it more than I did and it was the right thing to do. What has this world come to. We punish those who can least afford it – if this lady were rich she would have had her lawyer take care of these things for her.

I just recently read an article in the Charlotte Observer that described how many inconsistencies there are with the court and policing system in Charlotte. Basically from what I saw is the system is geared to take advantage of the poor and destitute. These people aren’t all bad. They are your blue collar hard workers and they are trying to climb out of financial holes many were born into. It wasn’t just this one lady. It was one after another, after another. Good people getting slammed by the system and at fees that they cannot possibly afford – $110 court costs + fines. Let’s see at least 100 people were in that one court room. Thats a lot of money. And there are many courtrooms full of people just like this one in Charlotte.

Hmmm, it sounds like we are taking advantage of the poor to fill probable extravagant local government pockets and coffers. This is just taking advantage of the people that these police as sworn officers swore to protect. It sounds to me like we have created a legalized bully system as I did not hear one police officer that had anything nice to say about these people. And after watching the news and looking things up on the internet I see many articles on police brutality, missuse of power, fraud, corruption – and its not just one instance – there are thousands and thousands of these.

This is wrong and needs to be changed. I’m sure this happens in every city and every state. We need to stand up to this – why is it that the local firemen are the first to the scene, always happy to see kids and help out, and always speak positive regardless of the situation. The police scare people lately. I wouldn’t hesitate to take my kids to see the firemen – they come out with coloring books, stickers and let them play on their trucks. The police are too busy and don’t have time, and to be honest, I wouldn’t want to take my kids to see the police. Not after what I saw in one day in downtown Charlotte. Maybe all I saw were the bad police – where are the good ones? I know there must be some. I just wish there were more of them.

David Maillie is a much sought after internet marketing guru and is also a highly regarded expert on press releases and getting publicity both nationally and internationally. He can be reached at M.D. Wholesale: http://www.mdwholesale.com and at http://www.bestskinpeel.com

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