Assault attorney

Sunday, February 28, 2010

Russell filing appeal of conviction

Lawyers for Fred Russell confirmed Monday they are filing a wide Raning appeal of his conviction on vehicular homicide and vehicular assault charges. kxly4 Erik Loney reports.



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Wednesday, February 24, 2010

Driver's License Hearings

Let's say you have been stopped for drunk driving (also known as OWI, Operating While Intoxicated) in the state of Wisconsin. Some people can result in lower costs, especially where serious crimes have taken into account in the comparison, but in fact there are serious legal consequences if you are sentenced. Even if a driver is responsible, it's good to know what to expect in this situation because the police make mistakes and you want to protect your rights.

If you refuse tosubmit to a chemical test, or if you are BAC (blood alcohol concentration), held that shall over.08, the license you are taken locally. At this point you have about two weeks to request a license hearing. (In the meantime, you will be issued a temporary license.) If you do not request a hearing, your license will be automatically suspended for a certain period of time.

Suppose you have decided to request a hearing. This is a good move, because it is your onlyChance may have suspended the proceedings, or at the very least, a business license. An ODL allows you to go to work, school and other necessary locations. Without you, you will have great difficulty in meeting your life's obligations.

There are more important things to keep in mind before, during and after a hearing. Let's review some of them:

1. You have to speak with a lawyer. You can the perfect defense in the head, but there are likely to be importantInformation about the law that you do not know. Even if you are a lawyer yourself, it is difficult to adjust an objective and professional about your situation. A good lawyer can be invaluable legal advice.

2. Be on time for your hearing. Better yet, a few minutes early. This will be the judge that you are reliable, show ready, and serious about exercising your rights. If you miss your hearing completely, you may be exposed to your license.

3. Appropriate clothing forCourt. The wearing of jeans or sneakers, you will look as if not you really care about the procedure. Men should wear suits, while women should wear blouses and skirts or suits.

4. If you are eligible for an ODL, make sure the documents needed as quickly as possible. Your license will not be sent to you automatically, you need to fill some forms before it is sent to you by mail.

For more information about license hearings, contact Milwaukee OWIDefender Kohler & Hart.



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Sunday, February 21, 2010

Sexual Assault Criminal Attorney, John T. Floyd

Sex Crimes Sexual Assault Attorney John T. Floyd Law Firm, Houston criminal lawyer attorney representing individuals and companies in the commission of serious sexual crimes against all federal and state courts in Houston and the entire state of Texas, Houston Criminal Lawyer John Floyd indicted.



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Saturday, February 20, 2010

Legal Options for Motorcycle Accident Victims in LA County

Because of the many road accidents in Los Angeles County involving motorcycles Questions may strike the minds of the injured victims. How can I right? What are the legal options available to recover damages for my injuries? If you were one of those who are involved in similar scenarios, then read this article carefully.

Legal Options

There are two ways to obtain reimbursement for the damage caused. First, the formal notificationan action against the other party, which would surely believe is acted negligently or recklessly and in fact, responsible for the motorcycle accident. In the case of this kind of legal procedure, you must prove these elements in your fight to win:


The other driver was negligent in driving

His neglect was in fact the main cause of motorcycle crash

They have suffered injuries and / or other damage from the accident

Surely you also create your integrityfor this accident. You should understand that any breach or reduce your visitors' simple negligence or even prevent your recovery, you could be out of receiving compensation for your injuries. So it is always necessary for motorcycle fans and all other motorists avoid being careless or ignorant on the roads, have better chances to be paid in case of accident involvement.

On the other hand, your other legal option by entering into a mediationProcess or a judicial solution. This method is very applicable in cases where the other party bears no insurance. In addition to this, many victims to a solution of the problem in front of the courthouse, is the acceleration of the case and avoid further complications.

In this legal exercise, both parties will discuss things and to calculate the value of the damage. If the injured victims of the offer is accepted, the defendant from any legal risks in the future freely.If not get the two parties in a common scheme is that the applicant will proceed to the approximation of the case before the court.

Right to representation

Both follow from the aforementioned legal options include laws and procedures too complicated. Therefore, it is always necessary to consult a motorcycle accident attorney in LA County and have your case evaluated to ensure that you are properly guided.

In addition, legal assistance, which specializes in handling motorcycle accidents caneven increase your recoveries as it insufficient data on the lawful techniques, how to better personal injury claim. In fact, have made vast majority of motorcycle accident cases from credible lawyer who won in court or positive obtained from court settlements.



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Friday, February 19, 2010

District Attorney Cindy F. Intschert

Jefferson County District Attorney Cindy F. Intschert speaks with reporters after the charges against Leo R. Coleman, on charges of increased vehicular homocide first-degree assault vehicle, reckless driving, driving while intoxication and seventh degree criminal possession of a controlled substance on August. 20, 2009, at Watertown City Court.



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Thursday, February 18, 2010

Criminal Defense Attorney / Lawyer in New York City

Hochheiser Hochheiser & Inwood LLP www.hochheiser.com Hochheiser & Hochheiser is a New York law firm in New York that serves as a trial lawyer, Advocate attack, computer crime, domestic violence, crime, drugs, DWI, DWAI, gun ownership, homicide, extortion, sexual offenses or white-collar crime in New York. If you or someone in your area with a crime like this, call Hochheiser & Hochheiser asked for advice on the bill. Hochheiser & Hochheiser, LLP 270 Madison Avenue, Suite 1203New York, New York 10016 Phone: 212-689-4343



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Tuesday, February 16, 2010

The BIG Blog - Is Chris Brown Going To Jail?

The LA County District Attorney has just charged Chris Brown with crime and violence, making criminal threats, including a survey felony.The document name Robyn F. as the alleged victim. Brown will be put on trial today at 3:30 Clock in downtown LA. A spokesman for the DA tells TMZ, he was able to a maximum of four years and eight months in prison face.



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Monday, February 15, 2010

Defense Attorney Eric T. Swartz, 8/12/08

Defender Eric. T. Swartz responded to the 14-count guilty verdict in the trial on 12 T. Carlos Rivera August 2008. Watertown, NY



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Friday, February 12, 2010

10 Things You Absolutely Need To Know To Start An Injury Lawsuit

1. To seek court order to compensate for your injuries.

a. They compensate you for:

i. Your lost wages and your future lost wages,

ii. Your medical expenses, past and future, and

iii. Their pain and suffering they caused in the past and the future

2. Actions do not directly seek to harm each call.

3. A doctor is sued, do not lose their approval if the application is successful.

4. An action attempted toCompensation for victims injured and at the same time, try to ensure that the same kind of ill treatment, which is not repeated in another patient.

5. "An action is not a lottery."

a. This phrase is often used by defense lawyers during jury selection to remind jurors because their work is possible not only to the injured victims to "hit it big 'and award huge amounts of money is not justified.

b. A realistic approach to an action for a fair, full and fair compensation toYou can recover all your past and future costs, and all of your past and future pain and suffering compensation.

6. You have to pay money in advance to a solicitor to handle your case too. There are no "hourly rate".

a. Medical malpractice and injury cases are usually treated on unforeseeable.

b. This means that the attorney fees to win your case depends. If you lose, you lose the solicitor as well, and receives no fee.

c.The costs paid by the solicitor to pursue your case is too technical to the customer in the event the case is to be lost repaid. However, as a personal matter, I've never been asked to reimburse a client for me for my costs if I lose a case. It simply makes no sense to do so, and my personal opinion, it's a bad deal. However, some lawyers they need, so make sure you ask first, before you make your decision.

7. Not every lawyer has the sameExperience.

a. Ask your lawyer how many years they have been in practice

b. Ask the lawyer what percentage of medical malpractice or accident cases he dealt with other types of cases compared

c. Ask if he / she tried cases before the Supreme Court (it is the trial-level court for New York,

d. Ask if he has ever lost a case;

i. When he tried cases, and claims he's never lost case ... I would suggest either that the lawyer does notthe accuracy, or just accept the clear cases that he is not losing, which is extremely rare.

ii. The majority of lawyers will lose a case study from time to time. Unfortunately, it is the animal in nature.

be e. Ask if the lawyer you meet with the will to deal with the case on a day to day. If not, who is your lawyer? "Who will you call with questions? How quickly can the attorney will call me back? How many times can you expectCorrespondence received from the attorney on the status of your case?

8. A process needs time to come to a conclusion.

a. The average duration is 2-3 years from beginning to end.

9. How many times do I have to come into the attorney's office are at this time?

a. After the attorney will meet in a first session,

b. Once signed the documents to your complaint (this can often start to be sent by e-mail),

c. Once your deposition (where you are locatedasked questions by a lawyer the other side),

d. At least once to prepare for you in court, and prepared for sometimes two or three additional time for you.

10. As in life, there are no guarantees to winning. However, with good and experienced consultants for a thorough preparation, you stand a much better chance of fully informed about your prospects and for a good result.



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Thursday, February 11, 2010

Assault & Battery - Criminal Law


Each year there are more than 800,000 assaults reported to local law enforcement agencies. Assault is usually like trying to a person if the individual is aware of the danger, strike is introduced defined. A "criminal" attack is an attack or attempted attack with force to remove the risk of injury to an individual thing. Are also not violated when the individual, but is a weapon, then it is still falls under the category of a crime.

> Assault & Battery is an incident where actual contact was conducted and in need of medical treatment. This is also a crime. The consequences of an attack crime is imprisonment, probation, fines, anger management classes and more. The punishment usually has to do with the circumstances of the situation and the background of the offender. If the offender has a history of attacks of these penalties is likely to be inflated.

Not every instancecrime of aggression is straightforward and clear. For example, an assault was committed, because of self-defense or defense of another person or property. That is why it is so important to take a professional attack lawyer. A qualified lawyer will be able to complete a comprehensive examination and discharged their professional experience and knowledge or minimize the sentence.

Assault & Battery - Criminal Law



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Tuesday, February 9, 2010

Criminal Records - Can You Really Get Them Online For Free?

The chances are good that you want criminal records for someone that you know, right? Whatever your line of reasoning can get them, it's not a bad idea, especially if you think that the person you are cause around you cause some kind of damage. One can never be too sure at least that's my opinion. The answer to whether you can go for free online criminal record, is yes and no. Some states make it easy, its public databases for free access, while others buried them so deep youwill never be able to find them. Of course, there are ways around this mess trying to find records, but I'll give you some free tips you can try first.

The Internet is your friend

Can buy in today's world I go to pay my bills and order dinner, without the comfort of my computer. You can also go online to find out whether anyone was arrested, and while some states are easy to make for some difficult. Enter the statewant records in the search and enter the following phrase "public criminal record" in the search box on the side, of course without the quotation marks. If you're lucky, the state that you are looking at the site easily accessible to you. If not, then try the next step.

Find the name of the person

If the person you are looking to commit a crime, which, as was sexual assault or attempted murder newsworthy, then you will be able to find a message on it. Well, itmay not be criminal, but it will not really need the documentation on this point now, are you? If it meets your needs then you are done, but if not, then it is time to make the big boys on.

Online public criminal records sites

If all else fails, there are paid sites collect discounts online, the vast amounts of data and have access to all public records databases in each state. At this site, you must pay a small fee to access, but the fee is reallynothing if the time and headaches you can compare it. Throw in the fact that it could keep you from someone with a criminal background harmed, and it will be a breeze. Stop thinking that nothing bad ever happened to act now.



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Sunday, February 7, 2010

Nursing Home Abuse and Neglect

Nursing home neglect and abuse is a national disgrace. In fact, this is a widespread - and rising - problem in the United States. An analysis of death certificates of persons who died in California nursing homes from 1986 to 1993 showed that more than 7% or 1 in 15, the death of the elderly in nursing homes, at least in part, led to the complete neglect, lack of food or water, untreated bedsores, or other generally preventable diseases. Since this study, this nation's nursinghome population has risen sharply. If the 1.6 million Americans in nursing homes die of questionable causes at the same rate, it will die each year around 35,000 senior citizens prematurely or unnecessary pain, or both. According to a survey published in the Journal of the American Geriatrics Society, 30% of respondents said they would, instead of living to die in a nursing home.

The U.S. Congress and state legislation have taken steps to foster homes responsibility accepted. TheFederal Nursing Home Reform Act states that a nursing home has to reach "services and activities or the highest possible physical, mental and psychosocial well-maintained, with each resident in accordance with a written plan of care." Still need to be alert to need your own loved one, and if necessary, demand that respect for the nursing home all his rights. The following are examples of positive steps you can take to prevent problems and ensure that areadequate treatment in a nursing home for your relative or friend.

Signs of Nursing Home Abuse

It is important to look for signs that your love may be a victim of abuse or neglect. Most nursing home residents have to depend on the staff for most or all of their daily needs, including food, water, medicine, toilet, care, support and turning.

Although most institutions offer a good service, some cause unnecessary suffering and death. Unfortunately, many nursing homes arehome residents are starving, dehydrated, over-medical and suffer painful pressure points. In addition, they can be isolated, ignored and deprived of social contacts and support.

The following is a list of some forms of nursing home abuse:

Assault and battery and sexual assault batteryRapeUnreasonable physical constraintProlonged lack of food or waterUse the physical constraints, such tapes or belsUse chemical restrictions, such as sedatives and hypnoticsmedicationsUse of psychotropic drugs or other medication for a particular purpose, not by a physicianExcessive doses of medicationWithholding required medicationConfinement a room or fixed location approved

Nursing home abuse victim to the most vulnerable people. Although many residents may not be able to report abuses, and some even describe what happens. If your relative or friend is a nursing home stay, you can help by looking for signs of abuse, including:

UnexplainedinjuriesInability give the nursing staff is an adequate explanation of condition, open wounds, resident, cuts, bruises, dents or bedsoresSlapping, pushing, shaking or beatingNon-verbal signs from the nursing home resident that something is wrong, such as: Unusual outbursts or agitation, extreme deprivation or lack of communicationUnusual behavior, such as sucking, biting, rocking, etc.Humiliating, insulting, frightening, threatening or ignoring behavior towards familyDesire to be isolated from friends and other people

Signs of Nursing Home Neglect

Neglect is the negligent failure of a person having care or custody of an older adult, or that some caution be exercised that a reasonable person would exercise in a similar position.

Neglect, including but not limited to:

Failure to provide food, clothing, shelter, or assistance with personal hygiene failure to care for the physical and spiritual offeringHealth needsFailure to protect the health and safety hazard dehydrationFailure malnutrition or failure to prevent the necessities of daily living Failure to prevent bed soresFailure offer to provide sanitary condition Failure to prevent infections

Specific Examples of Common Nursing Home Abuse or Neglect Injuries

Decubitus

Pressure sores are also known as bedsores, pressure ulcers, and pressure ulcers. The primary cause of bedsores is without compensationPressure on a certain part of the body. You can also lead to friction, such as friction cast of something like a blanket, rail, etc., or by prolonged exposure to cold.

Each area of skin tissue directly over a bone is a potential site for a pressure ulcer. These areas include the spine, coccyx or tailbone, hips, heels and elbows. The factors that can contribute to the formation of pressure ulcers and poor nutrition, poor hygiene, weight loss, diabetes and dehydration. The leastserious type of pressure ulcer looks like discoloration of the skin and can disappear within a few hours to relieve the pressure on this area. However, severe pressure ulcers are deep wounds that extend through the skin into the tissue internal organs or bones can.

Medical experts have identified similarities between pressure ulcers and burns. As a first degree burn, a mild pressure ulcers may participate slight reddening of the skin and / or blisters. A third-degree or fourth degree, or severe pressure ulcers, havea deep open wound with lots of black fabric, which is called "scab". The primary treatment for pressure sores begins with removing all pressure from the affected area to prevent further deterioration and to promote tissue healing. The victim must be eliminated or repositioned frequently and get enriched diet. The affected area must be kept clean, and dead or necrotic tissue should be removed to minimize the risk of infection. The worst bedsores often require a surgical procedure, also known asDebridement of necrotic tissue.

If you suspect that a relative or friend who suffers from a pressure ulcer, you must immediately seek medical attention for the individual to receive. In addition, to help get your sweetheart to legal counsel. Very often severe pressure ulcers result from abuse and neglect. Federal regulations acknowledge that there is rarely a valid medical reason for a pressure ulcer in a massive deep wound, which is known as a Stage 4 level, develop.

Suffocation and strangulation

Afrail nursing home resident can suffocate or choke to death in a hospital bed when they are ignored or neglected by nursing home staff. Between 1993 and 1996, there are 74 such cases reported, and probably many more went unreported.

The design of the side rails on a hospital bed can contribute to the danger. Often, runners have slats that are separated along with six or more inches. This space can be the case of an elderly person's head, which strangle him or her, or an individual may be too thinGap between the rails and fall to the ground. If the mattress on a hospital bed does not properly fit into the bed frame, a patient may be trapped and suffocated in a gap between the mattress and side rails.

Broken bones or fractures

For older people, decline is the most common cause of fractures. Nursing staff must periodically evaluate each patient to determine his or her risk for falling, and provide safety devices and services that each individual needs to minimizeInjury. Some of the risk factors for injurious falls include:

Back fallsCardiac cardiac arrhythmia (irregular heartbeat) Stroke central nervous system disorders such as Alzheimer's, Parkinson's or dementiaProblems with mobility and gaitLow blood pressure (orthostatic hypotension) in an attempt to upBowel or bladder are incontinenceDizzinessDehydrationVisual impairment (eg, macular degeneration, cataracts, etc.) using restraintsMedication page effectsSlipping orTripping hazards such as broken or loose rugs and mats

The Cost of Nursing Home Abuse or Neglect

The costs can be very high for the treatment of a victim of nursing home abuse or neglect. Often the resulting injuries have become permanent, and may be a hospital stay is required or loved a higher level of medical treatment and care as your a previously required. This may be an extreme hardship for the victim and his family. If the injuries are the fault of aNursing home, then should the insurance for the major bills that have to pay other costs, and for damages, pain and suffering. Proving a nursing home abuse or neglect case is a complex process. To be successful, you need a lawyer who is familiar with the complicated laws that govern these actions.



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Saturday, February 6, 2010

The Stages on Filing a Personal Injury Claim (Part I)

Introduction The California law comprehensively defines matters relating to personal injuries caused by the misconduct of other parties. However, not all injured victims succeed in acquiring justice from their misfortunes and sufferings. Some of them do not even know the basic principles of rule of law, the very benefit on realization of the right to assembly and recovery of vital importance. So this article is to help the poor victims, and they realize the proper steps to undergo if they want toFile their claims for personal injuries.

The Tort Law To understand how to better cooperate with your personal injury problem, it would be better to know what is the meaning of the "crime" and what it means to the Statute.

Torts as a civil wrong or unsafe acts or omissions of acts which are not performing an upright individual normally in a particular situation. Moreover, these failures bring injury or damage to persons or entities that make it, as the basis for suits filed by the requirementInjured. Although in some cases, these crimes can be considered as grounds for detention, tort law focuses more on providing the victims with just compensation for their injuries and preventing the exercise of other harmful acts in the same.

There are three categories under the Tort Law:

Intentional tort - These are wrongful acts committed intentionally, the injuries of the victim led. Examples of this type are battery, assault, trespassand defamation, among many others.

In pursuit of an action must be based on this basis, the applicant's trial attorney can confirm that the accused intentionally or deliberately exercised his wrongdoing. It should also be noted that the intentional act actually caused injury to the victim.

Negligent torts - negligence, on the other side, really the main reason for filing a personal injury claim to be. There is one person or party negligence orFailure in a manner that a reasonable person, normally cautious and do not act.

The applicant is required to show the following to a defendant based on negligence charge to:
The accused has an obligation to follow a standard way of ensuring the protection of victims of the danger
the defendant had with its obligation
the defendant "incompliance was the" proximate cause "of injury to the victim
the plaintiff suffered damages

The strict liability - the theoryalleges that the defendant's liability regardless of fault. This means that the responsibility for injuries to the plaintiff, despite the care he has to be exercised. This law provision is commonly used in product liability litigation, where the plaintiff was injured due to the use of a defective product.

To do to apply this law, the plaintiff must establish these three basic factors:
There is a congenital defect in the product
The defect of the product was the "proximate cause"the injuries to the victim
the plaintiff suffered damages

Get help in the representation of your personal injury case's trial before the court competent and trusted by our Los Angeles Trial Lawyers, including the renowned Los Angeles personal injury lawyers.



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Thursday, February 4, 2010

Domestic Violence - A Defendant's Survival Guide

Domestic violence charges are treated differently than most other criminal cases because from the beginning of the charge, not the conviction, it is very likely that you have at home and put your children from you. We want a criminal system, where you are innocent until proved to have its debt, but how you say that it is not the case with domestic violence charges. The Survival Guide will help you explain the system that have to do it and how to take them to attack.

Doplead guilty at Arraignment. Indictment is the first formal appearance in court in a criminal case. During this session you will be formally on the criminal charge against notify you and will be allowed to plead guilty or not guilty. NOT me plead guilty, this is obvious in cases where you do not believe you've done nothing wrong, but even in cases where you think you've done something wrong. There is no benefit in pleading guilty in front, but it canCosts will be there.

Some inexperienced people mistakenly believe that if she will plead guilty to charges that they are a lighter sentence than if they owe later. That is wrong. The opposite is more likely, they will probably get convicted more difficult if you are guilty at the front.

If you decide later to confess guilt, the judge will not have the fact that you pleaded not guilty initially against you. Relying not guilty to Arraignment what you really say thatJudges is that they want a chance to have what evidence the prosecution and if you think it is enough to prove your guilt you the opportunity to negotiate with the prosecutor to look for better results.

Pre-Trial No Contact Orders. In most criminal proceedings, a judge will be a question about the direction of the defendant have no contact with the alleged victim. In cases of domestic violence, so that in the apartment of the victim, place of work, and children can be extended. These orders are issuedbefore a finding of guilt and a defendant can make to homeless. If you work at the same place as your spouse then you might just find themselves unemployed. Whether the children were involved with the incident, you can look like, how to ban them.

If you are with one, was at it, not violate it. The violation of a No Contact Order an independent crime. This means that even if the underlying charge is dismissed, you can still be prosecutedonly for the violation of the order. The better way is to remove the order.

Here is what I often see in my practice: Two people together. Then something happened, the police are on and a No Contact Order slams into place. People that people want problems from which they work. At some point, the alleged victim contacts the defendant and says something to the effect of passing, "Come and we will all work out." The problem is, of course, that the No Contact Order still inEffect and no contact means NO CONTACT although invited there by the alleged victim. The two people go to celebrate their rekindled love, and someone pulls a 'slow and go "at a stop sign (or any other irrelevant usually hurt). The next thing the defendant knows he is in jail because violation of the No Contact Order. Even if the underlying criminal case goes away, he is still a domestic violence conviction on his record for violating the order.

Legal assistance. They areprofessional support needed to successfully defend against a charge of domestic violence. There are two ways to help this to: hire a private attorney or take a public defender appointed.

Public defense: Public defenders are among the most maligned group of lawyers on the planet. More often than not, their reputation undeserved. I have many public defenders, both passionate, and what they do, are met as well as extremely talented. Like any group of people, some betterthan others. Most, however, have large numbers of cases, which means you can not have the kind of time from case to case, a private attorney. If the court appoints a public defender for you, you are firm with whom they associate. You will get no control over from you. If you wish to proceed with a public defender and later change your mind, you can always substitute a private lawyer in. A judge shall not discriminate against you, do so.

Private lawyers. There are twoAdvantages of private attorneys: First, they tend to lower case loads, they can spend more time with your matter. Second, you get to decide what you choose to rent. This means that you are for someone who communicates and has a deep understanding of this area of law and really knows how to listen to you should look.

Options: There will most likely be several options for resolving your criminal proceedings, but they may not be available until after the fallunderway.

Trial

Nobody wants to go to court. It is expensive, difficult and risky. Why do so many lawyers like to talk about the process then? There are two answers: (1) It may be the only way to avoid a criminal conviction, and (2) You may be able to negotiate a better solution immediately before the hearing.

The tactic is used in the process, such as self defense, or proof depends on the specific facts of your case. Here is an experienced and aggressiveDefense lawyers are really very helpful.

Self Defense. In Washington State, you have the right to defend themselves - as long as what you did was reasonable. This means that if someone hurt you then the law very well that it hurts her back. Until a jury finds that what you did was rational, self defense is a complete defense to criminal prosecution. Even if a jury found that you acted in self-defense, then you can have the right to re-Advocate 's fees and otherTo defend charges that you incurred by itself.

Burden of proof. This is by far the most common defense in all criminal matters. Basically, you are asked the prosecutor to prove his case. It is sometimes surprising how often they are not in a position to do so.

Witnesses failing to appear for trial

Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004). Crawford has in the United States Supreme Court that after the confrontationClause of the Sixth

The reality of the criminal law is that the negotiations were not the most productive until shortly before the hearing. This may mean that mean two days before the hearing or may be on the morning of the trial. Mean setting a case before the court is not always that there will be an attempt, but it means to work that both the prosecutor and the defendant an incentive to find a negotiated solution.

Agreed Orders Continuation / Pre-Trial Diversion Agreement

Theseis a contract, nothing more. They make an agreement (to do with the prosecution and not) certain things, like entering a domestic violence treatment program and from the trouble. If you comply with the contract, is dismissed the application.

Reduced fee

Often, it is possible to get domestic violence charges filed again as a different, less serious, charge. The factors are involved: the facts of the current case, the defendant's criminal history, and thePosition of the alleged victim. Examples of lower fees are: Disorderly Conduct, or simple assault without DV day.

Only the state can criminally charge. Charged with criminal accusations, including domestic violence, only the state can bring to the charge - and not the alleged victim in your case. This means that even if the person called "victim" wants to leave the No Contact Order, or the entire process simple, they do not have dismissed the power to them, only the prosecutordoes

Joint bank accounts. Be aware that some victims advocates to advise the alleged victims are common to drain bank accounts. This recommendation can be defendants in the impossible position of suddenly homeless because of the no contact order and destitute.

Gun Rights. Conviction for a crime referred to violence in their own rights they may lose or possess a weapon for the rest of your life. This is also threatened in cases was used in which no real weapon, as mentioned, or evenowned by the defendant.

Conclusion

Because of the nature of domestic violence charges, you need a lawyer that understands the complexity of these fees and what you can do about it to find. If you have specific questions about your case, please call me. I do not charge money for an initial consultation and I can answer many questions over the phone or via e-mail.

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Tuesday, February 2, 2010

What Does the Law Say About Using Lethal Force In A Self-Defense Situation

This article deals with the question of the use of deadly force in self-defense situation. The following are the laws regarding the state of Nevada that I built directly from its official website at: http://www.nv.gov. To find your own status on the website, you would simply enter the address (www. yourstatesabbreviation. Gov.) in your Web browser with the two-letter abbreviation for your state between the www. and. gov.

Now I am not a lawyer, please make a note DOThis is not as legal advice, what-so-ever. This can only by a qualified and licensed professional attorney in the state where you reside, in particular, on state laws, which the act with deadly force in self-defense situation.

For example, we are confronted, you say with the following situation. You go to your car after a hard day at work when all of a sudden you see a human being to you. He comes to you, and here is atranscript, what is happening:

Note: The capital "A" stands for attackers and the capital "Y" is for you.

A. Hey man, got any money you can save?

Y. Sorry, I just got out of work and I am not paid until Friday.

A. (a knife) moves Give me your wallet man, or I'll kill you.

Y. BAM! BAM! (Insert your favorite techniques or procedures here.) Your attacker
now lying on the ground dead, while in your car and call thePolice.

Here are the laws on this particular situation as defined by Nevada State Law.

NRS 200.120 "Authorized Murder" defined. Justifiable murder is the killing of a human need to surprise them in self-defense or in defense of the home, property or person against one who manifestly intends or endeavors, by violence or to commit felony, or against a person or persons who intend to manifest and try to in a violent, boisterous, turbulent orSurreptitious way to give the apartment of another for the purpose of attacking or offering personal violence to any person dwelling or there.

OPINION:

Since the attacker not only threatened you with a deadly weapon (knife), he verbalized his intention to kill you if you do not do what he did to him was his wallet. That would clearly put a reasonable person in fear for their lives, which would justify the use of deadly turnPower.

NRS 200.130 does not bare out of fear to justify killing; reasonable fear required. A bare mention of the fear of crime in NRS 200.120 to ensure that the murder is alleged to have been committed is not sufficient to justify the killing of . It is evident that the circumstances were sufficient to arouse the fears of a reasonable person, and that the party killing really acted under the influence of those fears and not in a spirit ofRevenge.

OPINION:

Only fear that someone might do something, does not justify the use of deadly force. For example, if the guy just went on you saw with a knife and do not necessarily mean you would use the right of lethal force against him. For all you know he may have a sushi chef, who was just home from work and was tired and wants to go home. There must exist certain criteria, would a reasonable person to believe that their livesin danger.

NRS 200.160 Additional cases of justification manslaughter. Homicide is also justifiable when committed:

1. In the lawful defense of the murderer or his or her husband, wife, mother, child, brother or sister, or any other person in his presence or company, if a sufficient ground to capture a theme to the role of the person killed to commit a crime or to do a great personal injury to the murderer or to such person, and there is the danger of suchDesign is reached, or

2. In the actual resistance of the attempt to commit a crime on the murderer, in his presence, or on or in an apartment or elsewhere in the apartment where he is.

OPINION:

You are lawfully in dealing with deadly force to prevent what a reasonable person would believe to be a major personal injury and justified / or prevent a crime that is committed themselves or another person.

In this case, you are defending your life and yourrightful property (your wallet and its contents) by an attacker to commit a crime, Armed Assault, the verbalized his intention to kill, you, if you do not comply with his wishes.

NRS 200.200 Killing in self-defense. If a man kills another in self-defense must show that:

1. The danger was so urgent and pressing that, in order to save to prevent his own life or taking great physical harm, the killing of the other was absolutely necessary, and 2 ThePerson was killed the offender, or that the killer really was, and in good faith, tried to fight was given no further decline before the fatal blow.

OPINION:

Was the danger of urgency in this example? Well, you were confronted with an armed attack and threatened, killed, if you do not hand over your wallet. So you could make the argument that yes, you were in a very dangerous and urgent cases.

Could you have disarmed the attackerwithout lethal force? Once again, this may be a possibility, depending on many variables, including their own abilities.

NRS 200.275 Justifiable infliction or threat of non personal injury offense. In addition to all other circumstances recognized as a justification at common law, the infliction or threat of injury to justify and not manslaughter, battery or assault, if it be done in circumstances that justifyManslaughter.

OPINION:

Take, for example, that you do not kill the attacker, but say only that his spine and paralyzed him broke down for the life of the waist. Under the law, if you are in killing the attacker but not justified, then all the power is properly used against him is justified.

However, once the attacker is no longer a threat. They are legally obliged to stop their attack. For example, if you have your attackers broke his arm and he is no longer in a position toor are willing to hold the knife, you are warranted not to break the other arm and both legs.

NRS 193.165 Additional penalty: Use of deadly weapon or tear gas in the commission of a crime.

5. As used in this section, "deadly weapon" means:

(a) any instrument which, when used in the usual manner by the proposed
Design and construction, or will cause substantial physical harm or
Death;

(b) All arms, equipment, tools, materials and substancesCreated under the
Circumstances under which it is used, attempted to be used or threatened to
is used, can be made to cause significant bodily injury or death, or

(c) A dangerous or deadly weapon specifically described in NRS 202.255, 202.265, 202.290, 202.320 and 202.350.

OPINION:

A knife is considered a deadly weapon, and when used in the example, lends legitimacy of the use of deadly force by the victim. If the same situation has been carried out andThe attacker had no weapon, it would be much more difficult to justify the use of deadly force. To verbalize Even with the attacker, he'll kill you. Of course, every situation is different and unique, which is justified in a situation that can not be in another.

Something that needs to be considered is the value of what the attacker wants with regard to your life and / or that of another. Is your life really worth the contents of the wallet? On the other hand, someone has toRight to come and threaten your life and take from what is that? This is something that will calm sheltered by each person in order to find out for themselves what is best for you.

Finally, I would like to emphasize the fact that should be avoided at all times and try it, potentially dangerous or violent situations. However, if you are not in a position to always use only the power that is required for any given situation. Remember, each situation willare clearly different and what may well be able to work in a situation totally inappropriate to use in others. Always try your brain before you use your muscles.

One final thought, even if you can be completely in the right, you can still be found for the civil and criminal charges. I recommend that you should have an experienced defense lawyer on the holder just in case. Especially if you are in a profession where one of physical violenceas part of your work, for example, a police officer, correctional officer, security guards, doormen, etc.



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Monday, February 1, 2010

Bodyguard Training in Mexico; My Experiences While Providing BG Training in Mexico

Mexico the land of salsa, tortillas and corruption;
I came for the first time in Mexico City in February 2002 as an instructor for the WFB - the World Federation of Bodyguards. A Mexican security service had Anders Sorenson, the Norwegian WFB instructor and I so instructed, set up a training program for BG's in Mexico.

I came through customs and the weapons search, shook his head at the Mexican officials speak only Spanish, so that my visa interview, a complete waste ofTime.

This is one of my first lessons about Mexico was almost all Mexicans dream of living in the United States, but the vast majority speaks nothing but Mexican Spanish. This lack of knowledge of English goes all the way from the basic labor uneducated workers who studied law!

The assassination:

On my second day in Mexico, I witnessed a Mexican Assassination complete with a "Hollywood movie" car chase. Sitting in our chauffeur cars,I enjoyed the sights in the city of Morelia, Michoacan, when I suddenly heard the familiar sounds of automatic rifle fire. A few seconds later a Bronco Jeep, peppered with bullet holes raced past us. The jeep rammed into a vehicle directly in front of us and stopped for a moment. The passenger was hanging half out of the shattered side window, half went to the head with brain mass shows a woman fell in the back covered in blood. Since the driver back his mind and drove awayram other cars on the street as he fled.

The sounds of automatic fire breaks came again, but much louder and closer. Seconds later a black jeep sped by two gunmen hanging out the windows firing bursts from automatic AR-15's. From now on, seated, from the back seat, I shouted our driver to give chase and try to ram the second vehicle, but the drivers were paralyzed with shock and not responding to other knocked him back to reality.

When we finally we gave chaseonly fleetingly, the murderer of a jeep, turn right at an intersection 30 yards away. Our driver was complaining about it is too dangerous, very close to the killer, but he managed to give a quick chase. As we turned right at the intersection we witnessed 10-15 heavy armed police surround the assassins jeep.

The driver of the Jeep Bronco were dropped dead over the steering wheel, he had done everything to the attack site and managed to avoid the escape of the murderer. Realizingnot the bombers wanted to give in, the driver had driven his horn in the flaring-parking zone around the heavily guarded high-security wing police detention center, where he knew immediately helped to hand.

The assassination turned out to be taken as a drug cartel, the dead in the front were a cartel leader, the woman in the back of his wife and the driver's personal bodyguard. The three accused were arrested and charged with three counts of murder, they all pleaded guiltyand subsequently each received a 12-year sentence with parole after 8 years.

My real surprise at the murder was the fact that the killers continue their attacks, having had the goal to circumvent the attack on the spot.

This contradicts all the "normal" modus operandi of professional killers, as giving chase across the city makes the whole team killers, witnesses and law enforcement. Months earlier, I would argue that this kind of "spray and pray car could hunt"only happen in a Hollywood movie.

When I discussed this matter with the CEO of local TV Azteca, he told me the reason for the attack continued, was that the assassin had struck more fear of bungling and when the arrest by the police. They knew that their leaders of the cartel would not accept their failure and that he to reward their loyalty and commitment. They received the best defense money could buy justice, bribes to the prosecutor and judge, grease on the prison guards, etc. EightYears in prison was not simply a bad deal for the assassins! This is a situation similar to what is happening in Russia, where standard CP preventive methods is not easy to protect your ass either.

The assassination proved a blessing in disguise, at least up to Anders and I, who suddenly wanted the two "persons in Morelia city. We have had inquiries and questions about training to get into the police VIP protection teams and security managers for the filthy rich. The WFBcould not arrive in the city on a better day.

Since the flavor of the month:

Everyone in the protection and his dog wanted to see what we had to offer in the field of vocational training. All were very interested, but also very skeptical about our training, the Mexicans are careful with the gringos out solutions to all their problems. Very open, they told us that they are "not enough"-had good experience with American (U.S.) templates for everything. Our schedule was quickly filled with meetingsfollowed by training contracts.

In the next few months we began training and courses of business VIP protection units and various police departments in the states of Michoacan and San Luis Potosi. The Police Department, we included the training state SWAT teams and Hostage Rescue Conference teams. These courses were at the police academy and we even have a seminar for the Army during the Army Day.

Kidnapping Industry:

Mexico is more than enoughShares of drug trafficking, robberies, kidnappings and murders. In 2002, Mexico was the No. 1 country for kidnappings, taking the lead even Columbia, a position instead of Mexico, until they toppled by China in 2004. Currently there are about 4,000 kidnappings a year in Mexico. Found a report published in 2002 by the Mexican Ministry of Justice, that former or police forces were involved in the planning or cover of 80% of all kidnappings.

Training of the police:

One of thethe interesting facts about Mexico is the enormous amount of police officers pr head. Even in a medium-sized state such as SLP there are more than 3000 State Police Officers. Add that on top of a strong presence in the city, Federal and Ministerial police officers. For a "European" the shear amount of police officers and independent departments are staggering and the responsibilities are often over lapping and confusing. There is almost zero communication between the various departments andRivalries are the norm, between the departments of State, the police, the federal and state ministerial police.

At a price for the Ministerial Police HRT, we had to stop early because the course was at the State Police Academy, the state and instead of the police joint ministerial meeting. But the National Academy of Chief Ministers have been harassed by the police and decided suddenly that they could not use the firing range, as it officially under the supervision of the State Policeetc.

This is one thing foreigners need to bear in mind in Mexico, politics are a part of everything, and corruption is not a dirty word. Anyone looking for "boss" did "what's in it for me" and if you could provide him with something he wanted to, there it ends, what could be done. Firearms are a very sensitive issue in Mexico, only the police and the army has the right to bear arms. Bodyguards are not officially allowed to bear arms, but if you have the right "Employers know" the lawmeans nothing.

Be that as it does not prevent other departments of the police from a bear to tell you about his arm. For our third course in Mexico, we have a Corporate Training VIP Protection Unit of the Industrial Policy. The industrial policy was simply a "name" for a unit funded by the rich in a particular state is, they would rent out their bodyguards, and then they have "committed" to the paper from an industrial policy. In this way, corporate VIP protection units could legally carryArms. The bodyguards would be a salary from an industrial policy and a substantial cash bonus from the company to work for them.

Weapons, or rather a lack of weapons:

Another interesting problem in Mexico is the acquisition of weapons as the only "body", the right to import arms and ammunition have is the army. Also, the Police Department to buy or lease their weapons and ammunition by the Army. Unfortunately, this means that the pricesfor legal weapons and ammunition are absolutely outrageous. The Army uses its monopoly to its own weapons and ammunition purchases and financing needs, so that the army have "free" weapons and ammunition through the taxes they levy for the police.

One consequence is that you can now see new MP-5s swing Soldiers used to watch, while the local police SWAT team is still based on Beretta M-12s and Uzis. It also leads to outrageously low amount of ammunition allowed for trainingPolice officers in the use of firearms. The majority of police officers fire less than 20 balls per year and in a state that I saw the weapons, training and certification for weapons of the police cadets, after only 12 shots fired from a revolver! More than two thirds of the Cadets not hit their target with more than 2 balls of 12, a 10 meters away! After that I was "afraid" when, at an armed police cadets, I jokingly said the head of the local police,Please do not try to save me I should be abducted.

Among the most interesting aspects of Mexican, "" Personal We have found that the vast majority of their weapons in the back of the pants to stay, gangster-style preference. And greedily claimed that this was the safest and easiest method of carrying a gun during training, but the weapons would fall all over the place. The main reason is that the bodyguards did not happen to a firearm, but usually when betweenShift change, they are buying "cheap" to their own holster to. We have it "knows" that this is unacceptable, and students just made the mistake of "pulling" the weapon in the war einmal!

Personal Mexican style:

Another interesting aspect of Mexico's "personal" is the fact that many VIPs prefer (requirements), transfer to their own vehicle so that the bodyguards are just following in a backup car. There were daily stories of smart ass VIPs (usually the sons ofrich) just out-drive of the bodyguards, the sons were of course driving Ferrari or other sports cars. A Fortune-500-VIP, we preferably trained around in a two-seat convertible Mercedes, of course, protects him from hell for the trade associations to drive.

Readers who have access to the first issue of protection have news, you can take a picture of the WFB and Debus Embusen adapting its training to accommodate the VIP to his own car. We have also found that most had a huge range of VIPsLuxury bus, which they used for cross-border travel within the state of Mexico. Through this we had to improvise and to teach Embusen Debus and drills in this square and linear attack on the bus, while the Counter Assault Team training.

A True Life Experience:

Mexico was a breath of fresh air to me as a European CPO, were all that were different from working in Europe and the threat level is much higher and the experience we have learned that the BGs can rely on the police.The vast majority of professional associations and the police I met with (several hundred) were trained and highly motivated to learn all the good guys, who really wanted to. They were all sick, how things were done in Mexico, and especially the corruption, but there was little they could, however. Mexico is truly a land of opportunity for the European BG educational institution, as long as you accept the rules of business, "corruption" and the status quo. If you want to earn money in Mexico, just go there toHoliday Drop-in for a visit of the VIP security managers and local police chiefs, and soon you'll be immersed in the Mexican economy BG.

One night, as I still have a drink with a local police chief, I was obvious on the drug trade. The boss looked at me and said, when I started this job, I received an e-mail package, two packages were to include a $ 10,000 the other a ball! When I asked him what he did, he said quietly, well I'm stillhere ...



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