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Protecting the Privilege of Driving
Legal » National, State, Local | By Art Gib @ Tuesday, 13th May 2008 @ 7:01 PM

From what I hear about California traffic, it seems like the roads would be too jam-packed to allow police officers to pick out the people driving under the influence, but if I guess it still happens. And, if you are caught driving under the influence (DUI), there can be some pretty serious consequences in store. If you appeal for a trial before your license is automatically suspended, a Los Angeles DUI lawyer can help you challenge the evidence against your case whether it includes you... more...


Second Conviction of a Drug Trafficking Offense
Legal » National, State, Local | By Neil Lemons @ Monday, 12th May 2008 @ 9:29 AM

If a defendant has been indicted by the federal government for a violation of the narcotics statute, 21 U.S.C. 841 (b), and he has a prior conviction for a drug offense, the penalties can become quite severe. The mandatory penalties can double in prison time if a defendant has a previous drug conviction. The statute 21 U.S.C. 851, dictates the procedure whereby the government establishes that a defendant has a prior conviction, hence triggering an enhanced statutory sentence under the d... more...


Manufacturing or Delivering a Controlled Substance and Child Custody
Legal » National, State, Local | By Neil Lemons @ Friday, 25th April 2008 @ 8:19 PM

Drug charges cover a broad range of offenses, from the less severe, such as simple possession of a small amount of drugs, to the more serious, such as participation in the ongoing manufacturing or distributing of drugs. Even minor drug charges, such as drug possession, can be frightening and carry the risk of serious penalties upon conviction. The more serious drug charges, of course, can give rise to even graver consequences. Past drug convictions, the amount of the controlled substance that wa... more...


What Constitutes an Unreasonable Search and Seizure?
Legal » National, State, Local | By Neil Lemons @ Friday, 25th April 2008 @ 7:50 PM

The Fourth Amendment to the United States Constitution is perhaps one of the most frequently litigated constitutional amendments in the courts. In its entirety, the Fourth Amendment states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the per... more...


How Effective is Entrapment as an Appropriate Defense?
Legal » National, State, Local | By Neil Lemons @ Friday, 25th April 2008 @ 7:42 PM

Entrapment is the act of a law enforcement agent inducing a person to commit an offense, which the person would not have, or was unlikely to have, otherwise committed. An entrapment defense generally requires the defendant to prove that he never would have committed the crime absent the police trapping him. At the same time, the government will attempt to show that the defendant was predisposed to committing such a crime so as to negate the entrapment defense. If the government is able to show t... more...


When Does a Conspiracy Exist?
Legal » National, State, Local | By Neil Lemons @ Friday, 18th April 2008 @ 10:33 PM

Of all criminal charges, the most intimidating can be federal charges. This is especially true when one is dealing with a federal conspiracy charge. Some may ask just want exactly is a conspiracy? A conspiracy exists when two or more people form an agreement to do some act or refrain from doing some act. A conspiracy to commit a crime is a crime in and of itself, which means that conspiracy is charged as a separate offense and apart from the crime that the parties to the conspiracy consp... more...


Can a Convicted Felon Ever Possess a Firearm?
Legal » National, State, Local | By Neil Lemons @ Friday, 18th April 2008 @ 4:05 AM

Federal law prohibits any person who has ever been "convicted in any court of a crime punishable by imprisonment for a term exceeding one year" to ever or for any reason "possess... any firearm or ammunition." 18 U.S.C. 922(g) makes it a federal crime for any person who has ever been convicted of any felony to ever possess any firearm regardless if it is inside or outside of the home. This blanket federal ban on all felon gun possession is punishable with up to 10 years of impr... more...


Reasonableness Under The United States Sentencing Guidelines
Legal » National, State, Local | By Neil Lemons @ Thursday, 17th April 2008 @ 11:48 PM

In recent years, several decisions by the United States Supreme Court have determined how federal courts now apply the federal guidelines at sentencing. The most notable is United States v. Booker, 543 U.S. 220 (2005), where the Supreme Court transformed the federal sentencing guidelines from mandatory to advisory as a way of curing a defect that rendered the guidelines unconstitutional. In Booker, the Court directed that sentences meted out under the newly advisory guidelines should b... more...


How Effective is Eyewitness Testimony?
Legal » National, State, Local | By Neil Lemons @ Thursday, 17th April 2008 @ 11:42 PM

Eyewitness testimony, which relies on the accuracy of human memory, has an enormous impact on the outcome of a trial. In criminal cases, eyewitnesses frequently play a vital role in uncovering the truth about a crime. The evidence they provide can be critical in identifying, charging, and ultimately convicting suspected criminals. However, eyewitness testimony is not infallible. No evidence seems more convincing upon its first hearing, yet is more unreliable, than eyewitness identificati... more...


Who Can Own a Gun Under Federal Law?
Legal » National, State, Local | By Neil Lemons @ Thursday, 17th April 2008 @ 11:31 PM

While the Courts have never brightly defined under the law who actually has a right to own a firearm, for decades the presumption has always been that there is no individual right bestowed upon the citizens of this country. However, things may soon change if some have their way. The Second Amendment to the United States Constitution is currently creating a quite a stir in the federal courts. For those that are not familiar with the Second Amendment, it provides as follows: "A well ... more...


Where to Reach Out for Worker's Comp Help in Philly
Legal » National, State, Local | By Art Gib @ Thursday, 3rd April 2008 @ 9:38 PM

Construction and physical labor industry in Philadelphia is quite common vocation for many citizens. With it comes the possible risk of injury and the need for compensation that follows. If the employer cannot foot the lost wages, then a claim for workers compensation can be filed through the state of PA . There is a good deal of claims for workers compensation, and the steps and time frame can be hard and lengthy. The following information will go over some routes in finding more resources rega... more...


97402 Dui Classes? Rehabilitate Yourself
Legal » National, State, Local | By Shellaine Enfesta @ Thursday, 3rd April 2008 @ 2:09 AM

For many people who are convicted of DWI or DUI, it is really a pain and a drain on your pocket. 97402 DUI Classes may be what you are looking for. With the ever increasing and severe penalties that are being imposed on impaired drivers, it is a smart thing to do a 97402 dui classes. It is not only the smart thing to do but it also a legal responsibility. Do yourself a favour and start your dui classes. The harsh and severe punishments being imposed now is curb the increasing number of d... more...


Florida DWI Defense: Your Basic Guide and Info For You Defense
Legal » National, State, Local | By Shellaine Enfesta @ Tuesday, 1st April 2008 @ 3:54 PM

If you ever get cited or have a Florida Dwi Arrest, there is a Florida Dwi Defense. Once you get charge for a druving while intoxicated in these state, you should take it seriously. The charge is a serious matter and should never be taken lightly. A Florida Dwi arrest has a lot of implications on your life as well as your livelihood. It can also affect your employment, your life, your personal freedom and of course your future. So getting a Florida Dwi Defense lawyer is a must. Since the... more...


Starting an Idaho-Based Business: Some Points to Consider Before Starting
Legal » National, State, Local | By Art Gib @ Tuesday, 1st April 2008 @ 1:59 AM

Idaho is a hotbed for new business growth. The state ranks as the fourth fastest growing state in the nation for three consecutive years. However, there should be some thorough preliminary assessment before starting your own small business. From the start, an aspiring business owner should really evaluate in their mind how their business concept works and how it will provide a service or product that is not already being done (or how an existing concept can be improved upon). Building a b... more...


Florida Dwi Arrest: The Law As It Applies To You
Legal » National, State, Local | By Shellaine Enfesta @ Wednesday, 26th March 2008 @ 7:03 PM

All DWI and DUI convictions or Florida DWI Arrest can have a significant impact on your driving privileges and your insurance premiums and rates. Laws regarding DWI and DUI in the 50 states generally determine the driving privileges of a person within the state. And if you are thinking about moving to another state to avoid the penalties and continue driving, think again. If you are convicted of DWI or DUI and move to another state, there are important things you need to understand. Flor... more...


Legal Malpractice Requires Proof of Damages
Legal » National, State, Local | By John Bisnar @ Monday, 17th March 2008 @ 11:24 PM

Legal or attorney malpractice is described as a lawyer's failure to render professional services with the skill, prudence, and diligence that an ordinary and reasonable lawyer would use under similar circumstances. Every time there is a "bad" or "unfortunate" case outcome it is not necessarily legal malpractice. If an attorney gave what turned out to be "bad" or "the wrong" advice, you cannot automatically accuse the prosecutor of legal malpractice. No... more...


Marry A Russian Woman Without Legal Holdups
Legal » National, State, Local | By Peter Finch @ Monday, 10th March 2008 @ 7:19 AM

Men who are in love with Russian women might be scared of the marriage itself, simply because they think there will be a flood of paperwork to cope up with. They are intimidated by the mere thought of the tremendous volume of Visa problems that might happen. And that is why they might even back out from the marriage. If you are one of those men, you must bear in mind that such problems should not deter you from acquiring your true love, or your love is probably not true at all. It is righ... more...


How to Become a Florida Resident
Legal » National, State, Local | By Dean Hanewinckel @ Tuesday, 4th March 2008 @ 5:51 AM

In Florida, the courts have ruled that your legal residence is determined by your intention. Therefore, if you come to Florida with the intention of making this state your primary residence then you are a Florida resident and are entitled to the advantages and privileges that go along with it. Sounds easy doesn't it? However, in many cases it is difficult to determine exactly what a person's intentions are. That's why it's important to provide clear evidence of your... more...


About Pennsylvania Worker's Compensation
Legal » National, State, Local | By Art Gib @ Monday, 3rd March 2008 @ 5:42 AM

Jobs play an important role in the quality of our lives and the lives of our family members. Work often determines where we live, how much time we can spend with our families and how much money we make. They also require our time, commitment and expertise in return for an income and a certain level of security. One form of security that a company provides for the people who keep it running is worker's compensation. Because there are thousands of people injured, and even killed, ... more...


Personal Injury: Legal Advice in the Idaho Area
Legal » National, State, Local | By Art Gib @ Saturday, 1st March 2008 @ 10:16 AM

There are a large range of legal issues that are covered by local Idaho lawyers. Each topic covers a large swath of legal information. This is why most lawyers concentrate on only a few areas of legal expertise, because the volume of work is so high. A lot of attorney service is centered on divorce, wills and estates and personal injury. However Idaho State Bar operates a Lawyer Referral Service that can help you find a proper certified lawyer. Discussing the Fee First Try t... more...



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