The Major Benefits of Enlisting the Help of a Malpractice Attorney

We often hear in the news and media about people who have suffered from some form of malpractice. Whether it is medical, legal, of another form of malpractice, the problem usually goes unchecked until someone steps up and confronts the issue. If you are a resident of Texas and find that you have experienced the negligence of a health care professional or legal professional, you might want to consider filing a claim with a San Antonio malpractice attorney. Not only will you be forcing the company or professional to acknowledge the problem, but you could also be entitled to compensation for your injury, suffering, and loss of wages.

How can a malpractice attorney help you?

Here are the number of way a San Antonio attorney can assist you in

A. He will help you determine if you have a legitimate case.

B. He will also determine if the case is within the deadline.

C. Assess of damage i.e. loss, pain, suffering etc.

D. He will also file a formal claim on your behalf against the party responsible.

E. Research both in legal and medical terms is the job of your attorney.

F. He will also utilize the opinions of specialists along with their testimony.

G. If a settlement is negotiated he will help with a settlement.

How do you know when it’s the right time to contact a lawyer?

Listed below are just a few of the circumstance in which you should immediately contact a lawyer to begin a claim:

1. If you have become disabled or paralyzed due to an error by a health professional.

2. You have lost a body part due to a surgical error.

3. If you have been misdiagnosed due to the negligence of a lab technician.

4. You have suffered pain or infection due to an object being left inside your body after a surgery.

5. A family member’s life was lost due to a medical professional’s carelessness.

6. If your newborn was injured, permanently or temporarily, or lost his/her life due negligence during delivery or afterward.

Get Justice With a Civil Rights Attorney

Do you think you may need a Phoenix civil rights attorney? Are you being harassed at work? Have you complained repeatedly, and are still not being taken seriously?

Harassment is a very real problem that many people suffer from-usually at work. A person who is harassed because of their gender, race, religious beliefs, sexual orientation, etc. may have tried bringing the problem up with a supervisor, but do not see any change in the behavior of the harasser(s). Unfortunately, this is a catch 22 situation, as quitting could cause serious financial hardship in the current economy, yet staying will result in endless upset for the victim, or even being fired for “complaining” excessively.

If you’re a victim of a similar circumstance, any Phoenix attorney would tell you that you may not be fired legally for complaining about poor work conditions. Harassment on the job is without a doubt a poor work condition.

If you are expecting a new baby and being told that you may not take time off from your job in order to bond with your infant, without being fired, you should know your rights. The FMLA, or family medical leave act ensures this right for you as an American citizen. Anyone who tells you differently is either ill informed or lying. This is against the law, and a Phoenix attorney can help.

Perhaps you have developed an illness which requires you to take frequent and unforeseen time off of work due to treatments, recovery, or a similar health reason; but your employer becomes annoyed and threatens to fire you if you continue to miss work. This, too, is a violation of your civil rights, as stated in the Americans with Disabilities Act. A Phoenix civil rights case may be justified if you have or are in this type of situation at your workplace.

If you believe that you have been or are currently going through a similar situation as one of the above mentioned cases, you should know that your rights need to be defended. Speak to a Phoenix attorney as soon as you can to find out how you can correct the situation.

Copyright Infringement in the Digital World

Downloading files from the internet is not a crime, but if you download files for free which you usually have to pay for, then there’s a problem. The piracy issue occurs when the copyright owners do not get the amount that they are due.

Piracy is the illegal copying and selling of copyrighted materials, but the common misconception is that people don’t think it matters because no one gets hurt. In reality, the evolution of piracy from burning CDs and DVDs to digital copying has affected the global economy. Pirating a physical copy or streaming illegally affects the livelihood of artists too.

Pirated copies are not always great

Most of the time, illegal copies do not have the same quality as the legal content. A pirated movie may have been recorded on a camcorder at the back of a cinema, so the quality is poor. Its content may be grainy or black and white at some parts. Copies downloaded from the internet on the other hand may suddenly stop at some parts and the sound quality can be very quiet and muffled.

Easy digital access

Downloading directly from the computer has become popular among internet users primarily because of the ease of access. Even with the number of sites that offer legal downloads, there are still file-sharing networks that offer free access to copyrighted materials. And it’s sad that many are active in some form of piracy, either through streaming, downloading, or the old school style of buying counterfeit DVDs.

In any case, piracy costs the entertainment industry. It is stealing from the businesses involved in the art. People must remember that nothing is free. Pirate sites make money through subscription costs or advertising when a consumer streams illegal content. The operators of these sites earn from sharing copyrighted materials that they do not own and have no permission to distribute.

How to minimize the problem?

Having internet service providers get on board in helping fight piracy and detect copyright infringements has always been a struggle. It would require content holders to educate people and private entities to be responsible, make them understand the importance of copyright, and encourage them to support different ways to consume content legally like going to the cinema or subscribing to Netflix and other video-on-demand sites.

Piracy may not be easy to kill but it can be reduced. Besides, with all the latest technology coming out, we only need to keep up. Also, there are entities that help fight piracy with the use of software to detect copyright infringements.

Do I Need an Attorney for My Divorce?

Many couples debate whether they need a divorce attorney when mediation is required by the courts. It is recommended, at minimum, consulting with a family law attorney about your options and what is best course of action for your case no matter how well you and your ex-spouse get along.

Below you will find just a few examples of the aspects you need to consider if you are debating whether you should hire an attorney for your divorce:

  • If you have many complicated assets to divide up. If you have accumulated various expensive marital property, you should consider hiring a lawyer. You will want to have a lawyer present if you have complicated possessions you are dividing, like businesses, numerous vehicles, and real property.
  • If your spouse is prone to lying. If your former spouse is known to lie, it could become difficult when it is your word versus theirs in a hearing or mediation session. If they are spreading false information about you, or lying in the courtroom, you need a lawyer on your side to protect your interests.
  • If violence or abuse is ever involved. If any abuse is present, whether it’s related to children, substance abuse, sexual abuse, mental abuse, or any other form, you should always hire an attorney. Not only will the abused spouse not be able to negotiate properly for fear of manipulation or further abuse, but a family law attorney can help take the appropriate steps to protect you and your family.
  • If your spouse has hired an attorney. Your spouse may choose to hire a lawyer to represent themselves at the last minute. We see attorneys appear at hearings and mediation with little to no notice to the unrepresented spouse. If your spouse decides to have representation, you should as well. It will be difficult to make your case against a family law attorney, even if you believe you have a clear and reasonable argument.

There is so much at stake! If you are going through divorce and you are debating on whether you need to hire a divorce attorney, call and speak to a family law firm you trust in your area. An experienced attorney should answer the questions you have, discuss your options and your particular case to help you understand your options during divorce. A skilled lawyer may be an invaluable asset to protect your and your family interests.

Getting a Trustworthy Lawyer Referral

If you happen to be on the hunt for a New York defense lawyer, you might be feeling a bit overwhelmed about where to begin. With so many advertisements online for defense lawyers, how are you supposed to know which one is the best for you? You might turn to an organization called the Bar Association of New York Legal Referral Service, or LRIS.

The New York Bar’s LRIS was founded in 1870 and is intended to be a trustworthy service for residents looking to find qualified New York attorneys to hire. Every single attorney that they recommend has been screened and deemed qualified and capable in their ability as a legal representative.

Simply visit their website, at nycbar site, and select the option for “Legal Referral” – the first option on the tool bar at the top of the page – or the “Looking for a lawyer?” link in the body of the page.

After clicking one of the previous links, you will be taken to a page where you are requested to type in your phone number. Soon after you submit your contact information, a referral counselor will contact you as soon as possible. You will be asked to give them your personal information. They will also ask what type of case you will be dealing with so they can try to find a lawyer who specializes in that type of suit.

Whether you are in need of a New York criminal defense lawyer, or for any other matter, it will be your responsibility to make contact. Whilst they will be informed of the referral, they will not make any attempt to contact you.

Some people may not feel comfortable speaking about legal matters over the phone. In which case, you can choose to go through the online referral process. You should receive contact information through e-mail within about a day’s time.

You may be surprised and please to find out that the New York LRIS service is offered free of charge, therefore there’s really nothing holding you back from finding the best lawyer to defend you!

Divorce 101 for Filipinos

Here’s a situation: A and B, both Filipinos, went to the United States to get married. After several years, marital troubles started to occur between the couple and after efforts at reconciliation failed, the two started to part ways. They figured that since they were married in abroad, they decided to get a divorce in the US.

Upon return to the Philippines, after obtaining a decree of divorce, A and B mutually divided their properties between them and went their separate ways. Now, here’s where it gets tricky: Apparently, A incurred debts after their ‘divorce’. And now creditors are after not just A’s properties but also that B’s, which left the latter distraught. Is this even possible? Yes.

First things first: Divorce is NOT applicable to Filipinos. Even if the couple successfully obtains a decree of divorce, the same is VOID in the Philippines. In effect, in the eyes of the law, the couple is still legally bound as husband and wife.

Art. 15, otherwise known as the Nationality Principle, of the New Civil Code provides:

Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.

Given this, the creditors may go after the property of B as the same forms part of the community property of with A. After all, they are still a married couple.

However, Divorce obtained outside the country, may, in certain instances, be recognized in the Philippines. How?

Article 26 of the Family Code, reads:

All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.

What makes this provision applicable to Filipinos are the presence of the following elements:

  1. That the there is a valid marriage between a Filipino and a foreigner.
  2. That the alien spouse obtains the divorce abroad and such decree capacitates him/her to remarry.

What if the Filipino later on became a naturalized foreign citizen, is this now applicable to him? It depends. In Republic vs. Orbecido III, the Supreme Court ruled that: “The reckoning point is not the citizenship of the parties at the time of marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry.”

Is the Cost of Bail Higher for Felony Charges?

Discovering that your loved one has been arrested is not an enjoyable experience. No one wants to get this phone call; especially because your first thought is likely about the expense it will cost you. Finding out that your loved one was arrested on serious felony charges is even more disturbing, and can cause your mind to go into a whirlwind of questions and concerns. As history shows, many people want to know if a felony charge will increase the cost of a bail bond. The answer to this question, however, is not cut and dry. Continue reading to learn how the cost of bail is calculated, and whether or not the severity of the crime affects the total price of bail.

Cost of Bail

Bonds are set by judges who consider various factors before deciding on an amount. These factors include, but are not limited to, the defendant’s criminal history, the severity of their crime, and whether or not they are a flight risk. So in short, “yes”; the cost of bail is absolutely affected by the severity of criminal charges. This is for many reasons.

Bail Schedules

Most states have bail schedules with predetermined bond amounts for certain categories of crimes. For instance, shoplifting might come with an automatic bail schedule of $1000, while domestic violence might have a $10,000 bond or more. The more serious the crime, the higher the bond amount set by the judge. If a charge is a violent one, such as assault, battery, domestic disturbances, and child abuse, you can guarantee that the bond will be set high. Furthermore, all preset bond amounts, however, can be increased upon the judge’s discretion depending on the previously discussed factors. But not to worry, our U.S. Constitution protects us from excessive bond amounts. So they will be fair.

Bail Bondsmen

Unless you want to pay the jail or courts the full bond amount in cash or property, you will need to hire a bail bondsman. They charge a nonrefundable fee that is a set percentage of the total bond amount. For felony charges, bond amounts will be higher, which means the cost of a bail bond will be too. The premium a bail bondsman is allowed to charge is controlled and regulated by the State’s Insurance Department. Currently, this rates are set between 10 and 15 percent. This means that the total allowable premium that bail bond companies are allowed to charge can be anywhere between these percentages. They get to choose how much they charge within this range. If a person is facing a felony charge and they have a history for fleeing, a bail bondsman will charge on the higher end, closer to the 15% marker. For first time or minor offenses, most stick with the 10% charge.

Tips For Selecting a Defense Attorney

In this country, if you are arrested as a suspect in a crime, you need the help of a defense/criminal defense attorney. Even if you are guilty of the crime of which you are accused, a good defense attorney can negotiate a reduced sentence in exchange for an admission of guilt. If you are not guilty, you have little or no chance of proving this on your own. Therefore, if you are arrested in the San Diego area, you will want to choose a San Diego defense attorney.

Not all San Diego lawyers are created equal. Some specialize in corporate law, others in tax law, and still others in criminal law. Even among the latter, some attorneys focus on ways to prosecute a suspect while others focus on ways to get a suspect acquitted through introducing proof that a person could not have committed the crime, introducing enough possibility of innocence to create a “reasonable doubt”, or getting a person off because of a technicality.

You may find that many attorneys specialize in a particular area of expertise. For instance, one attorney may specialize in executive clients accused of a crime such as embezzlement, while another lawyer may specialize in robbery, man-slaughter/murder, etc. When searching for a San Diego criminal defense attorney, you will want to make sure that you hire a person who is experienced in whichever area of the law your case falls into. The more specific you are when you choose your attorney the better your chances are for your case. You can easily do an Internet search on Google or a similar site and typing in the exact sort of lawyer you want.

While you do have the option to use a lawyer that is appointed by the court, you might be better off selecting your own lawyer, as it is important to feel comfortable with your lawyer and trust his/her abilities.

Will The End Of DACA Burst Our Academic Bubble?

Maybe it is okay that the academic bubble is about to burst. After all, our colleges and Universities seem to have lost their way, teaching gender studies, minority (majority) studies, leftist viewpoints and the never ending politically correct mission creep of sustainability, equality, and socialism. Is the removal of DACA – Deferred Action for Childhood Arrivals going to be the straw that breaks the camel’s back in academia? It very well might be. Let’s talk.

There was an interesting piece on NPR worth listening to titled: “California State University Chancellor Raises Concerns About End Of DACA,” part of the ‘All Things Considered’ venue (4 minutes, 14 seconds long). The piece was on the air on September 6, 2017. During the interview the California State University system Chancellor Timothy White, he stated:

“Well, it would make it so several thousand of our students and several hundred of our employees would lose the status that DACA has provided. And for some, that would mean they would drop out of school out of fear. For others, it would mean that they would not be able to get a job or have the sort of ability to function in society once they earn their college degree. So we’re actually deeply disappointed in the president’s action and are working strongly with, now, our congressional members to create legislation to reverse this.”

Personally, I bet it is much higher than that, I bet it’s at least 5,000 students at 500 University employees. First, why is the University hiring Illegal Aliens ahead of US Citizens? Second, are these 5,000 students borrowing monies (student loans) for their over-priced tuition? You know, college is FREE in Mexico, but I guess if they don’t pay back the student loans its FREE here too, for them only as all the citizen college students can’t get out of their student loans ever, or those on Student VISAs have to pay in exorbitant college tuition fees in advance often 3-times the normal rates. Next is this issue with Cal Grant program – who do you think pays for that?

Meanwhile, most of the University professor pension funds around the country are in trouble (underfunded) and their pay keeps increasing, and the Universities continue to hire more administrators to their already bureaucratic and top-heavy brain-washing institutions.

Now you might ask, why on Earth does this author (me) care? Well, I am a taxpayer. And, I understand the issues of social safety nets, but our taxes are paid by US citizens for our benefits, not to redistribute to folks who are in our country illegally. Yes, I understand the debate; “it’s not their fault, their parents brought them here at a young age, and this is the only country they know.” Understood, but that is not my fault, nor should it be my problem just because I am a white male.

It seems now we are in a Catch-22. You see, if we send all the DACA students back, they will not pay their student loans, and will finish their education in Mexico, where it is free, which might be enough to trigger a bubble burst in the student loan market causing severely decreased enrollment as no one will be able to get a student loan in the future; citizen or not. Fewer students means tuition revenues will decrease, layoffs of staff and professors will cause poor education, larger classrooms, and bankruptcy to many University systems nationwide. And, mind you, the academic bubble will eventually burst as it is “unsustainable” anyway, but this may accelerate the time to drive off that cliff.

It’s too bad academia got hijacked by leftist political forces, now it’s time that the pendulum swings back to some sense of normalcy. Maybe it’s going to take a big hit to the system to force a little common sense back into the University system, maybe this DACA reversal might be that event that pivots to a more reality based place of higher learning?

Vehicle Tracking Laws

Real-time vehicle GPS Trackers have different laws that vary from state to state. Each state has a different law, so it is important to check with a lawyer to make sure that placement of the GPS won’t have any legal issues.

General laws

  • It is generally legal to use a GPS Tracker if you or the organization own the vehicle that is being tracked, or if you are the owner of the asset.
  • It is also usually legal if you are tracking your child that is under the age of 18.
  • Usually, it is legal to track a car or asset for legal repossession in the event of a loan or default.
  • It is usually illegal to use a tracking device if you are not the owner of the vehicle or if you are tracking a boyfriend or girlfriend in their own car.

Laws in the state of Florida

The state of Florida has tracking laws that can be different from other states.

Florida established a new statute that makes it illegal for somebody to place a tracking device unless you are the owner of the vehicle.

The exception to this law is a parent who is the sole guardian of a child, or if both parents consent to place a tracking device to monitor their child.

Another exception to this law is a person with a disability. This can include an Alzheimer’s patient or somebody suffering from dementia.

Using a GPS Tracker illegally in Florida is a second-degree misdemeanor. This can lead to an excessive fine or up to six months of jail time.

It is very important to verify your state laws prior to placing the tracking device. Each state has unique laws so even though it may be completely legal in one state, it can potentially lead to jail time in another state.

The general rule of thumb is that if the vehicle is in completely in your name, you should be permitted to place a GPS Tracking device to monitor the vehicle. However, if you are placing the GPS Tracker on somebody else vehicle, it is most likely illegal and can result in a fine or possibly even jail time.

Again, these laws are state specific so it is very important to consult a lawyer prior to purchasing a tracking device. The laws are also constantly changing in every specific state in the U.S., and it is important to check your state laws before purchasing and activating any GPS Tracker.