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Posted by on in General
DNA evidence has profoundly altered the landscape of American law and order since first being introduced to our courts in the mid-1980s. Life sentences and death sentences have been handed down and lifted based entirely on evidence invisible to the naked eye but confirmed by science. It’s an incredible development in the evolution of criminal justice that continues to be perfected and better used to convict wrongdoers and free the innocent. But the battle to clear someone of a wrongful conviction via DNA testing is nothing short of daunting to even the most experienced of legal eagles. To the loved ones of the convicted as well as the imprisoned themselves, it can seem like an impossible task at times. It helps to have a map of a mountain range before you attempt to climb it. Here is a rundown of what to know and what to do if you’re ever faced with fighting the criminal justice system to overturn a conviction through DNA testing: These Things Take Time Anyone who has had themselves or a loved one undergo a criminal trial knows the justice system moves as fast as the continents. So don’t be surprised to stare down a decade’s time or longer worth of fighting to even get your case heard let alone have new inquiries and tests be done. Learn the Case. Everything The piece of evidence through which DNA testing may help exonerate a convicted criminal is going to be tracked down through careful analysis of the case...
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Posted by on in Bankruptcy
5 Reasons to Consider Chapter 7 Instead of Chapter 13 When filing bankruptcy, many people find that the process isn't as cut and dry as they might have heard on television, from friends, or even other family members. It's not as simple as "file this, and your debt goes away" like most people think. There are additional considerations, such as protecting assets, income, and future tax implications that all have to be considered before taking the plunge. As such, it's always best to retain a legal professional in order to guide you through this often times complicated mess. That said, for those considering bankruptcy, there are numerous benefits to filing Chapter 7 as opposed to Chapter 13 bankruptcy. However, depending on the information you provide your attorney as well as your income and what assets you intend to protect, Chapter 7 might not be an option. If it is, here are five reasons you should strongly consider it. No Repayment Plan Unlike Chapter 13, you are often free and clear after a Chapter 7 bankruptcy. This type of bankruptcy filing is the fresh start that most are looking for, and clears a huge burden from the lives of those that have fallen on hard times. That said, there are certain income restrictions for Chapter 7 bankruptcy, and if you are found to have too much disposable income, you'll often only be eligible for a Chapter 13 filing. No Debt Limits With a Chapter 7 bankruptcy, there are no minimum debt limits...
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Posted by on in Accident Law
1) The Very First Thing to Do is Make Sure Everyone in the Car is Safe and Unharmed After getting into a car accident, the top priority and the thing you should do before even thinking about anything else, is make sure everyone in the car is safe and unharmed. If anyone is seriously injured, call 911 immediately. Don't take any risks. This is not a time to guess. Calling 911 immediately could be the difference between saving someone's life or not. Don't take any chances. 2) After Everyone in the Car is Accounted For, Ensure the Safety of Others The accident has occurred, and you've made sure everyone is safe, unharmed, or getting the help they need. But now there's another problem to take care of - the safety of the road. Oncoming traffic will not be aware there's an accident ahead, and unless they are alerted in advance, one accident could become many. Turn on your hazard lights to get the attention of oncoming drivers and let them know something is wrong. After your hazard lights are on, it is time to check on the driver and passengers of the other car in the accident. Make sure you do not step out into traffic or linger in the middle of the road. Make your way over to the other car as safely as possible. If the driver or any of their passengers are injured, call 911 immediately. 3) Call the Police Even if no one in either car is...
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After owning and operating a small business for the past fifteen years, I guess I should consider myself lucky that nothing like this had happened previously. I run a small insulation business that deals with routine insulation jobs for residential as well as small to medium sized businesses in California.  As a relatively mundane job, injuries are rare, and the injuries that do occur are often nothing more than a small cut here and there. Then one job changed everything for me, and my (now defunct) business.  I should preface this story by saying that for most of the fifteen plus years I was in business I had insurance on all of my employees and even contractors that just helped us seasonally or when we had a high demand. The past couple of years had been pretty lean, and with a big payday coming in December, I had decided that October that I could afford to put off paying the premiums for a couple of months until I was back into profitability. It was a terrible mistake. I got a call at around 2 PM and was notified that one of my contractors (most of our employees were actually independent contractors) was injured after falling from a ladder when he went up to check the type of insulation that was currently in an attic. A quick trip to the hospital and a couple of broken bones later, the contractor was fine, his private medical insurance had covered the injuries, and I...
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There were nearly 3 million non-fatal work related injuries reported by employers in 2012. Getting hurt on the job continues to be a prime concern with employers around the country. It is an even more important subject for the employees, especially for those working in dangerous situations. It is crucial to understand your state's workers' compensation guidelines to ensure you are duly remunerated for your injuries. Sometimes this compensation may be your only means of getting reimbursed for the expenses incurred due to an injury. Workers' Compensation Any injury received due to work or during the course of performing one's duty at work can entitle you to workers' compensation benefits. The injuries can be anything ranging from physical injuries, illnesses or psychological stress. As long as you can prove that your injury is work-related, you can be compensated. Your employer is required by law to pay for workers' compensation benefits. In cases where you cannot initiate a civil lawsuit against your employer, this may be your only resort to get compensation. Employers are usually required to pay into the workers' compensation system by buying insurance through the state workers' compensation fund. You can ask for compensation by filing a claim with your state's administrative workers' compensation agency. Benefits of Workers' Compensation A workers' compensation fund, in most states, covers the following: Medical Bills - Bills arising out of visits to your doctor or therapist will be paid to ensure speedy recovery although the choice of doctors may be limited. Temporary Disability...
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