Collateral Consequences of Criminal Convictions

Posted by on Mar 10, 2017 in Criminal Defense | 0 comments

Collateral Consequences of Criminal Convictions

Criminal convictions affect many aspects of your life, like employment, family, and reputation. But the consequences may vary depending on the jurisdiction, type, and duration.
Criminal convictions affect many aspects of your life, like employment, family, and reputation. Aside from the direct consequences such as fines, prison, and probation, there are additional penalties attached to criminal convictions. These penalties are called collateral consequences. Below are the most common forms of collateral consequences.

Disenfranchisement

Those who are convicted of a criminal offense may suffer from disenfranchisement, or the exclusion from voting. Disenfranchisement can be permanent, or temporarily implemented until the convicted has served a sentence or completed a probation. This depends on the jurisdiction.

Limited employment opportunities

Most companies are very meticulous in their hiring process. They may be biased against those who have criminal convictions, limiting the employment opportunities of people who have them. Sometimes, the limited employment opportunity is a bigger financial consequence than the criminal punishment itself.

Limited housing opportunities

Government housing authorities and property owners may not allow those with criminal convictions on their premises, limiting the housing opportunities of people who have such convictions. These people are more likely to be in homes that have limited access to employment, medical services, and transportation infrastructure. This will affect the overall quality of their lives.

Loss of license

Professional licenses, such as for architects, engineers, medical practitioners, and lawyers, can be revoked or suspended because of a criminal conviction. Even simple licenses, such as for drivers, can also suffer the same fate, particularly because of reckless and negligent behaviors like driving under the influence and drug possession.
Even though these are the most common forms of collateral consequences, there are more out there that affect the lives of those who have been convicted. They may never be able to get pistol permits, federal student aid and loans, and government social insurance benefits. If you are not a U.S. citizen, a criminal conviction may have immigration consequences.

It is also important to note that being arrested for a crime does not necessarily mean that you are automatically guilty. You have the right to defend yourself from the possible consequences of criminal convictions, and the best way to do this is by getting legal help.

Read More

Benefits of Self Storage

Posted by on Mar 9, 2017 in Self Storage | 0 comments

Benefits of Self Storage

Storage facilities are there to make sure that we have space for our stuff. They are not just for unwanted junk, but also for items that we still legitimately need, such as extra appliances, furniture, and even vehicles.
Storage facilities are actually not just for personal use. It can be utilized for business purposes, particularly those that have big inventories. But aside from the obvious extra space, what are the benefits of having a storage?

You can take your time

Space is an important factor in convenient living. Sometimes, neighborhoods and apartments have rules regarding the number of items residents have, to ensure that there is enough space for everybody and that the premises is free of clutter. If you have your own storage, you can take your time to determine which items you can retain or throw. You cannot say the same thing to places that have space concerns.

You can stay organized

Having extra storage is not just for excess stuff. Sometimes, it is also about organizing all you stuff. For example, you can put your winter clothes and gears in the storage during summer time. When the cold season arrives, you can take out these clothes and gears and store your summer items. Organizing makes your use of space more efficient.

You can secure valuable items

Storage facilities, such as the Mopac Self Storage, have features to ensure that your items are safe, like security cameras, personal access codes, and climate control units. This gives you peace of mind that your valuable items are in good hands. It is best not to store valuable items of the monetary sense, like cash and jewelry. But other valuable items like those with sentimental value, such as documents and picture albums, are recommended. Storage facilities ensure that they are safe from the common dangers in where you live, like burglary and residential fire.

Read More

Reckless Driving Behaviors

Posted by on Mar 8, 2017 in Vehicle Accidents | 0 comments

Reckless Driving Behaviors

It only takes a single mistake for a traffic accident to happen, but for some reason, there are drivers out there who are being careless and negligent as if they are immune to such accidents. According to the Chicago car accident lawyers of Karlin, Fleisher & Falkenberg, auto accidents that have resulted from the recklessness and negligence may be taken to court.
Though it is good to know that the law is at your side, preventing reckless driving behaviors outright is still the best option. Below is a list of the most common reckless driving behaviors so you can know how to avoid them.

Driving Aggressively

Aggressive driving behaviors include too much honking, speeding, tailgating, weaving between lanes, and other gestures that may aggravate or intimidate other motorists and pedestrians.
Too much honking can annoy other drivers and distract them from operating their vehicles safely. Speeding puts not only you but also the others around you at risk of collisions because of the limited reaction time available when a vehicle is going too fast. Tailgating is unsafe because of the limited room available to break safely. Weaving between lanes increases the risk of accidents because the others around you will have a hard time determining your current and future position.

Driving Under the Influence

Driving under the influence of alcohol, drugs, and anything that can cause impairment is very dangerous. The physical effects, such as comprehension problems, coordination issues, and vision issues, can potentially result into a traffic accident.
Comprehension is important on the road so you can make proper judgment, particularly on road signs, vehicle speeds and positions, and turns. Coordination is important because the interaction between the hands, feet, and eyes, comprises almost the entire driving experience. Having perfect vision is also important because of obvious reasons.

Maneuvering Poorly

There is a reason why your vehicle has turn signals and brake lights. They are not a design flaw. They are there to let the others around you know what you are about to do or doing in your vehicle, which is particularly important in terms of positioning. If you do not use your turn signals, you are giving the motorists and pedestrians around you limited reaction time. Having defective brake lights pose a similar threat.
Poor maneuvering is not just about lights. You should also take into consideration the proper and safe manner of turning itself, the use of side and rear view mirrors, and blindspots.
You don’t deserve to get injured because of a reckless driver, so it is best to seek help from professionals, such as the Law Offices of Yvonne Fraser. But as said earlier, prevention is still the better option. So if you see drivers doing these reckless behaviors, be wary, and if possible, completely avoid them.

Read More

The Rise of Alternative Prosthetics

Posted by on Feb 16, 2017 in Personal Injury | 0 comments

According to Mazin & Associates, PC, an amputation injury is an injury that involves the loss of one or several body parts. A myriad of factors can contribute to the loss of limbs. According to U.S. National Library of Medicine, these include but are not limited to cancer, diabetes, tragic accidents, and birth defects. Prosthesis or an instrument that replaces the missing appendage offers the amputee the ability to perform daily tasks like walking or eating. Improvements in technology have inspired an abundant amount of research concentrated on the creation of lifelike limbs that mirror, and in some cases, restore the functionality of their natural equivalents. Still, a prosthetic need not appear realistic in form.

The Alternative Limb Project, a project created by prosthetic designer Sophie de Oliveira Barata, celebrates the notion of artificiality. Her custom designs prove there are virtually no limits when it comes to artificial limbs. A bionic arm and leg straight from a sci-fi game and a lifelike arm with equally realistic snakes wrapped tightly around the forearm are among a few of her unique designs. The possibilities are endless; still, imagination has its limits. An impressive, creative design must not come at the expense of functionality. Why are these constructions important? Rather than merely imitating the appearance of skin, these creative artificial limbs empower through customization. Formerly powerless to the factors that removed his or her appendage, the individual can regain autonomy through these incredible creations. The prosthetic is now an extension that mirrors personality. He or she can bare their arms, proudly. This does not undermine the pride of those who genuinely wish for and possess realistic appearing limbs. Still, most insurance companies only cover the expense of realistic prosthetics. Fortunately, individuals like Sophie raise awareness and ultimately advocate for customizable prosthetic in hopes that more insurance companies will cover such a cost.

Read More

Determining Medical Malpractice Liability For Hospital Acquired Infection

Posted by on Oct 7, 2016 in Medical Malpractice | 0 comments

The spread of infection in the hospital is common but it can be easily treated and may not pose any danger to the patients. However, if the infection was acquired due to the negligence of the medical personnel that is a different story. According to the website of The Abel Law Firm, medical professionals have a duty of care especially when performing surgical procedures.

Hospital acquired infection (HAI) is an infection that occurs in a hospital patient not associated with the patient’s admitted diagnosis or health issue. It the infection happens in 48 hours after being admitted, it is likely HAI. Such infections can be acquired in three ways and they are called risk factors:

Patient Risk Factors

Patient risk factors include the duration of the patient’s stay in a clinical setting, the severity of illness or injury for which the patient was admitted, and the function and capacity of the immune system during their visit.

Organizational Risk Factors

These factors include hospital cleanliness and treatment setting in general, which includes the filtration of the HVAC system, concentration of patient beds, cleanliness of water systems, cleanliness of building surfaces, and sterility of medical devices.

Iatrogenic Risk Factors

These factors include performance of care by doctors, hospital staff, nurses, and other care providers. This includes the frequency of hand washing, antibiotic use, and care during invasive procedures.

So who can be held liable for hospital acquired infection? Determining liability in hospital acquired infection can prove to be challenging in the legal perspective. An investigation on the specific circumstances, the reason for improper treatment, and possible preventive measures need to be administered. When a hospital is involved in a case, determining liability can be a challenge. If the doctor who performed the procedure is an independent contractor, then the hospital may not be deemed liable for the hospital acquired infection.

Read More

What Your Employment Contract Should Contain?

Posted by on Sep 24, 2016 in Business Litigation | 0 comments

After successfully passing the job interview and getting hired, the next step in getting employed is the contract signing. The contract serves as a binding agreement between you and your future employer. This document is crucial in establishing future and continuing relationship between the employee and the employer. According to the website of Slater Pugh, Ltd. LLP, the contract lays down clear responsibilities as well as liabilities for everyone.

As an employee, it is important that you have an understanding of the terms of your contract. BY doing so, this will help prevent any disputes and conflicts between the signing parties. Generally, contracts have express and implied terms. The former refers to elements of your contract that have been mentioned or agreed upon orally by both the employer and the employee. These include the amount you will be paid, working hours, holiday and sick pay, and notice period for ending the contract.

Implied terms, on the other hand, can be implied into most employee contracts. For instance, that you would not steal from your company or divulge confidential information. Implied terms also include the provision on safe working environment. The terms may also be implied through custom and practice.

Aside from the terms, your contract should generally include your employment status. This is different from your working pattern which could either be part-time, fulltime, casual, zero hours, temporary, or seasonal. During the contract signing, it is important that you carefully read the terms and conditions of your contract before signing. If there is something that you do not agree with or believe is unfair, you can always discuss it with your employer.

As mentioned, the contract is legal and binding and any party who breaks what is stipulated can be held liable. Any contract disputes should first be sorted out by the parties concerned. Employee litigation can be costly for both employee and employer so the issue should first be resolved by the parties themselves.

Read More

Risperdal : Uses and Side Effects

Posted by on Sep 6, 2016 in Defective Products | 0 comments

Risperdal, known by its generic name Risperidone, is used for the treatment of certain mental/mood disorders (such as schizophrenia, bipolar disorder, irritability associated with autistic disorder). Risperidone belongs to a class of drugs called atypical antipsychotics. Its effectiveness lies on restoring balance on certain natural substances in the brain. It can also be combined with other medication for treating depression.

Risperdal can be taken orally with or without food as prescribed by your doctor once or twice a day. In liquid form, it comes with a special measuring device for carefully measuring dosage. A household spoon is not advisable as you may not get the right amount of dosage. It can be mixed with small amounts of other liquids such as water, coffee, orange, juice, or low-fat milk.

Dosage is based on age, medical condition, response to treatment, and other medications being taken. Make sure to tell the doctor or pharmacist regarding other products you are using. You may be instructed to start at a low dosage and slowly increasing it. The important thing is to follow the instructions of your doctor.

Risperdal is known for various side effects such as drowsiness, dizziness, lightheadedness, drooling, weight gain, or tiredness. Inform your doctor if any of these effects persist.

According to the website of Williams Kherkher, the manufacturer Johnson & Johnson has advertised it for unapproved uses which could result to serious side effects. The US Food & Drug Administration has issued several warnings related to the drug. Although approved for the treatment of schizophrenia, bipolar disorder, and irritability in people with autism, it was also wrongly advertised for unapproved use which resulted to side effects.

Gynecomastia is one serious side effect, a condition characterized by breast enlargement in boys. For this reason, the victims can suffer from severe psychological trauma. In women, Risperdal reportedly increases prolactin levels. Prolactin stimulates breast development in women and so boys with increased prolactin levels may develop male breasts.

According to the website of Habush Habush & Rottier S.C. ®, for the failure to inform patients about such side effects, the manufacturer of Risperdal Johnson & Johnson and its Janssen unit is now facing at least 130 lawsuits related to Risperdal use. One of the plaintiffs is a boy who allegedly used the drug between 9 to 14 years old. He required surgery to remove the breast tissues.

Read More

Determining Liability On Indoor Slip and Fall Conditions

Posted by on Jul 18, 2016 in Personal Injury | 0 comments

Slip and fall accidents can be quite common indoors. In such situations, the property owner can be held liable for any injuries that happen in their premises if they failed to take the necessary actions to ensure the safety of their environment, which is part of their duty of care to their tenants. According to the website of Pohl & Berk LLP, property owners should ensure that any dangerous surface should be eliminated or else they will have liability for any injuries that will occur. Here are some instances when property owners can be liable for premise liability indoors:

Floors

The premises of an apartment or commercial building should be from wet floors. If the property owner fails to do the following, they could be held liable for the slip and fall accident:

  • The property owner did not sufficiently warn occupants or tenants that the floor is wet or damp
  • The owner of the building did not provide adequate barriers to seal an area where there is a wet floor
  • Excessive use or uneven application of wax or polish
  • Cleaning one part of the floor and leaving the other section uncleaned

Stairs

Stairs are made from materials that can be subjected through wear and tear. Their edges can become rounded which could result to people slipping when they step on them. If the property owner is aware of such condition and does not remedy it, they will be held liable for any slip and fall accident. Additionally, they may have some liability if the following conditions are not corrected:

  •  Worn and rounded steps
  • Presence of debris on the stairs
  • Although the stairs are waxed and polished, the materials do not have a non-skid surface
  • Broken or missing handrail

Escalators and elevators

In the case of escalators and elevators, proper maintenance is necessary to ensure their safety. Slip and fall accidents can happen as a result of sudden movements in the machineries or when clothes, footwear, fingers, hands, or feet are caught in the machinery.

While guests and occupants also have a responsibility in being aware of their surroundings, Oklahoma personal injury lawyers at the Abel Law Firm would say that the burden of responsibility is greater on the property owners.

Read More

Safety Features For Avoiding Car Accidents

Posted by on Jul 17, 2016 in Vehicle Accidents | 0 comments

Car safety features is a necessity these days. There are many factors that can cause accidents so ensuring that you drive a safe car should be at the top of your mind. Although you can always enlist the help of an Appleton car accident attorney, you can also do your part in protecting yourself from car accident related injury by adding safety features to your car.

Over the years, there has been an increase in concern for car safety. For this reason, there is now an influx of safety features that can help prevent drivers or passengers from getting hurt in a car accident. Here is an overview of the latest car safety features available in the market today:

Traction Control

Traction control provides drivers with maximum grip and stability during acceleration. It stops the spinning of the wheel by decreasing engine power or applying brakes to that wheel resulting to a smooth acceleration for the car even on slippery surfaces.

Active Braking System (ABS)

With ABS technology, drivers can get braking support during emergency situations. It comes in different versions. The initial technology gave drivers advanced warning of an impending collision. The more advanced systems provided automatic assistance to drivers in collision prevention.

Side Impact Protection

New models of cars come with increased side door strengths, internal padding, and better seats to enhance protection in side impact crashes. In addition, they come with side intrusion beams and paddings on the inside door panels.

Head Rests

Head rest is a great advancement in preventing whiplash which results from the car extending backward from the torso in the initial stages of rear impact then being thrown forward.

Intelligent Speed Assist (ISA)

ISA warns drivers if they are exceeding the speed limit. It comes with audio and visual warning alerts to remind the driver that they are going too fast.

Electronic Stability Control (ESC)

Electronic stability control helps drivers avoid crashes by reducing the risk of skidding or losing control because of over-steering. It is activated when the driver loses control of his car and uses computer controlled technology to apply individual brakes and bring the car to safety without fish tailing.

Read More

What Are The Available Damages In A Wrongful Death Claim?

Posted by on Jul 16, 2016 in Personal Injury, Wrongful Death | 0 comments

Death is an inevitable fact of life. But when it comes at an unexpected time, it can have a devastating effect on the surviving family members. According to the website of Ausband & Dumont, the sudden death of a loved one can bring emotional and psychological trauma to the family of the deceased. In order to recover from the potential financial trouble that they may incur, the surviving members of the family can file for damages.

While we cannot put a worth on the life of a person, wrongful death claims becomes a means for survival for the family of the deceased person. Newport beach injury lawyers of the Chris Mayo Law Firm agree that the loss of a family member is not an easy thing and can result to long term devastation. When the death of a person is due to the negligence of another individual, the best way to recover for the financial loss is to recover damages.

Generally, there are three types of damages that the survivors of the plaintiff can claim namely economic, non-economic and punitive. Economic damages are the value of the financial contributions that the deceased would have made if not for their death. It may include medical and funeral expenses, lost wages, lost benefits, lost inheritance, and goods and services the deceased could have provided.

Non-economic damages are the less tangible but often more valuable damages. Examples include pain and suffering, loss of protection, guidance, advice, training, and nurturance, loss of consortium for the surviving spouse, and loss of love and companionship.

Punitive damages are awarded to the plaintiff as a punishment for the defendant. In some states, these damages are not available in wrongful death suits. In some states, the plaintiff’s family can collect interest on the damages from the time they were incurred to the time of collection. They can also collect attorney’s fees for the expenses they incurred for filing the case.

Wrongful death claims are governed by “statute of limitations.” In general, the lawsuit should be filed in a span of two years from the date of misconduct. In some states, the time limit can be as short as one year. There are special rules for minors or persons with mental disabilities.

Read More