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Feb 8, 2017

Criminal Law

michael 5:59 AM , , , No comments :
What is Criminal Law?

Criminal law involves a system of legal rules designed to keep the public safe and deter wrongful conduct. Those who violate the law face incarceration, fines, and other penalties. The American criminal justice system is both complex, and adversarial in nature. With the exception of minor traffic violations, accused individuals will require the assistance of an attorney.

Specific crimes and the consequences for violating them are found in penal codes enacted by legislators at the local, state, and federal levels. Less serious crimes are classified as misdemeanors. These typically carry a maximum of up to one year in the county jail. Examples include petty theft, possession of small amounts of controlled substances, and first-offense drunk driving.

Crimes of a more serious nature are classified as felonies. These carry punishments of a year or more in state or federal prison. Felonies include violent crimes like murder, burglary, and rape, as well as white collar crimes like embezzlement and money laundering.

When questions arise as to how criminal statutes should be interpreted, judges and lawyers turn to previously issued court opinions dealing with the same issues. This principal is known as “stare decisis.” It means that once a court issues a decision involving a given set of circumstances, that ruling is binding precedent for similar disputes that come before the court on a later date.

Law enforcement agencies have the responsibility of investigating alleged crimes. Procedural rules are in place to ensure police officers respect the constitutional rights of the citizens they investigate. When a defense attorney challenges the legality of a criminal prosecution, most times the dispute is a result of procedural violations by the police.

Protecting Your Rights.

Each stage of a criminal prosecution presents traps for defendants who are not familiar with the court system. Criminal defense attorneys are trained to prevent their clients from doing or saying things that will increase the likelihood of conviction. But when legal counsel has not been hired or appointed, accused individuals can unknowingly waive their rights and harm their own interests.

For example, following an arrest, law enforcement will question a suspect in regards to the crime. The officers will inform the suspect of his or her “Miranda rights” (right to remain silent, right to an attorney), and then attempt to elicit a confession. Without a lawyer present, defendants can make incriminating statements that will later be used against them in court.

In both misdemeanors and felonies, an arraignment will be held in open court. The judge will explain the nature of the charges to the defendant and ask for a plea. Without the assistance of an attorney, defendants will often plead guilty at this initial stage. By doing so, they are giving up important rights, as well as the opportunity to negotiate the terms of their sentence beforehand.

Discovery proceedings are another critical stage in a criminal case. This is when the defendant can demand that the prosecutor turn over copies of all of the evidence gathered by law enforcement. In DUI and DWI cases especially, the police reports, lab results, video recordings, and other items will likely determine whether the case settles or continues on to trial. To make informed decisions, the defendant must obtain these materials.

If the state fails to offer a plea bargain the defendant is willing to accept, the case will proceed to trial. This is the time to question witnesses and present argument to the jury. Conducting a trial is not for the layperson to attempt. Legal training is needed to perform effective cross-examination, comply with the rules of evidence, and so forth. After all, the outcome may determine whether the defendant walks free, or goes to jail.

mesothelioma : How Asbestos Causes Cancer

michael 5:49 AM , , , , No comments :

mesothelioma : How Asbestos Causes Cancer

Posted at  1:06 PM  |  in  
Did you know that doctors diagnose an estimated 3,000 cases of mesothelioma annually in the U.S.? The majority of those are traced to job-related exposures to asbestos. Most people have the pleural type, which forms on the lining of the lungs, but the cancer can also form around the lining of the abdomen or heart.
Although asbestos use in this country has dropped in recent decades, a steady number of people are still getting mesothelioma. That's because this cancer can take anywhere from 20 to 50 years after asbestos exposure before symptoms appear, and an oncologist can make a definitive diagnosis.
While there's no cure for mesothelioma and the outlook is generally poor, researchers have made significant progress in understanding the cancer and developing new treatment options and alternative therapies.

How Does Asbestos Cause Cancer?

Mesothelioma typically develops after people are exposed to asbestos in the workplace – in industrial settings, shipyards, auto repair shops, old houses, schools and public buildings. While it usually takes long-term exposure to put someone at risk, short-term and one-time exposures are also known to cause this cancer.
Body Inhaling Asbestos
Asbestos inhalation occurs
Asbestos Fibers lodging in the mesothelial tissue
Fibers lodge in mesothelial tissue
Asbestos Fibers in the mesothelial tissue
Fibers cause cellular damage, resulting in tumor growth
Fast Fact: 70-80 percent of people with mesothelioma were exposed to asbestos at work.
Asbestos can cause health complications when work duties or other activities disturb asbestos-containing materials and release fibers into the air. When we inhale or swallow these microscopic fibers, our bodies struggle to get rid of them. Over decades, the trapped fibers trigger biological changes that can cause inflammation, scarring and genetic damage that sometimes leads to cancer. The lengthy gap between asbestos exposure and diagnosis is called the latency period.
Asbestos fibers most often become trapped in the lining of the lungs, called the pleura. They also can collect in the lining of the abdominal cavity (peritoneum) or heart (pericardium). Once fibers cause biological damage, the stage is set for the decades-long latency period for the development of malignant mesothelioma.

Thoughts to continue playing Pokemon GO regardless of absence of substance

michael 5:47 AM , , , No comments :

Thoughts to continue playing Pokemon GO regardless of absence of substance

Pokemon Generations Episode 11
 
Trainers,
we know, we know. There is nothing to do in the game at this point, right? It feels the same over here, and you’re not alone! Nick from TrainerTips, TheSilphRoad, everyone is down and waiting for the next content update.
So, what can we do to improve the waiting experience? Albeit, it’s not a lot, here’s a few tips on that!

1. Watch old Pokemon movies!







Check this out! MewTwo’s origin story, taken from the beginning of “Mewtwo Strikes Back” is an amazing introduction to end of Generation I. Remember, the movie was released in November of 1999, so it’s the older breed of anime goodness.
You can see the entire list of Pokemon movies on Wikipedia, make your pick and enjoy the rest.
And for the love of everything, please stay away from speculation about MewTwo coming out on 6th of February. The speculation in question is taken from Pokemon Mansion notes about Mew and Mewtwo:
Diary: July 5
Guyana, South America
A new Pokémon was discovered deep in the jungle.
Diary: July 10
We christened the newly discovered Pokémon, Mew.
Diary: Feb. 6
Mew gave birth.
We named the newborn Mewtwo.
Diary: Sept. 1
MEWTWO is far too powerful.
We have failed to curb its vicious
tendencies…

2. Make a virtual challenge!

Virtual challenges are popular tools to keep you motivated and running. We’ll be honest: we often make these challenges for ourselves in order to keep playing! You can use MyVirtualMission or any other tool at your disposal to do so. So, ready to challenge yourself for a 30 miles walk this week? 🙂

3. Watch Pokemon Generations!

Pokemon Generations is a animated YouTube miniseries that shows best moments from all previous Pokemon anime seasons.
It’s a must watch for every Pokemon fan and with 18 episodes it’s an amazing thing to do on a Sunday afternoon.

4. Enjoy Fand Made Pokemon creations!

The internet is a wonderful place. Places like /r/pokemon and internet forums are brimming with ideas, people who like and care about Pokemon.
Join the community and enjoy! For example, here’s a type swap of Generation I starters 🙂
And here’s a crazy Minecraft Pokemon map. It’s amazing!


Texas 18 wheeler accident attorneys of Eberstein & Witherite, LLP

michael 5:43 AM , , , , No comments :

18 WHEELER

Texas 18 wheeler accident attorneys of Eberstein & Witherite, LLP

Texas 18 wheeler crashes can cause long term turmoil for both those immediately involved in the collision and their family members who are left to bare the burden of physical, emotional and financial trauma. When an individual is struck by a big truck, the damage is often far greater than what is typically experienced in a passenger vehicle accident.
An 18 wheeler trailer alone typically weighs 12,000 pounds when empty. When you include the weight of the 18 wheeler tractor where the driver sites plus any cargo they may be carrying the combination can total up to 80,000 pounds legally. A commercial truck hauling this much is like a stampeding elephant ready to demolish anything in its tracks.

18 Wheeler Facts and Statistics

  • The first 18 wheeler tractor trailer automobiles date back to France in the 1700s.
  • A truck trailer is on average 70-80 feet long.
  • An 18 wheeler has a total of five axles.
  • Drivers should follow 25 feet behind to be visible to the truck driver
  • The length of time to stop an 18 wheeler is 40% greater than that of an automobile. 
  • It takes a minimum of 160 hours of training to learn how to drive an 18 wheeler at an accredited CDL driving school.
  • Every year 18 wheeler accidents injury over 90,000 people in the United States
When a semi 18 wheeler accident occurs most people choose to find a lawyer. Working with an 18 wheeler accident lawyer is a simple, transparent process. The 18 wheeler attorney will start by collecting all the facts surrounding the wreck, including everything from time, date and witnesses to both parties’ insurance information and the police report. Other details needed by a lawyer after 18 wheeler accidents include photos from the scene of the collision and post-wreck medical records. This makes it very important to seek medical attention immediately following an 18 wheeler crash.
Once a case is open a Texas 18 wheeler accident lawyer will work to determine the cause of the wreck. Collisions caused by large vehicles and commercial trucks are often found to be the result of driver negligence. Circumstances that fall under driver negligence insufficient training, improper vehicle maintenance, overloaded 18 wheeler trailers, drug or alcohol abuse, as well as operating a vehicle passed the maximum allotted number of hours allowed by law. If a truck driver is found to be negligent, a case settlement in favor of the other driver is awarded.
To take action against the truck 18 wheeler driver or their insurance company consider filing a lawsuit with an 18 wheeler lawyer.

The Eberstein & Witherite 18 Wheeler Accident Attorney Difference

While there may be many 18 wheeler accident lawyers, only a select few have the legal background and litigation skills needed to call themselves an Eberstein & Witherite Texas 18 wheeler accident attorney. Big truck wreck victims place their trust in the personal injury law firm because of their over 75 years combined experience as 18 wheeler accident lawyers with real court room familiarity and ability to vigorously interact with large insurance companies. Eberstein & Witherite offers free case evaluations and never collects a legal fee unless there is a successful outcome for their client.
Click here to learn more about the firm’s award winning 18 wheeler accident attorneys. Then, contact Eberstein & Witherite today at 214.378.6665 to speak with a Texas 18 wheeler accident attorney in your area regarding a collision.

Jim Adler, the Texas Hammer

michael 5:42 AM , , , , , No comments :

over 30 Years of Experience Helping Injured People

There are many personal injury attorneys in Houston, Dallas, and San Antonio, Texas, but there’s only one Texas Hammer. Over the past 30 years, the team of Texas personal injury lawyers at Jim Adler & Associates has offered professional legal representation for those involved in car wrecks and other types of accidents. The experienced Texas injury lawyers at Jim Adler & Associates fight for justice on behalf of our clients and their families.
If you’ve been injured in a car accident or while on the job, it’s important to know your legal rights – let our Texas personal injury attorneys guide you. Get your questions answered quickly when you contact any one of our San Antonio, Houston, or Dallas injury attorney offices today.
Our Texas law firm stretches across the state, with locations in Dallas, San Antonio, Channelview, and Houston. Personal injury lawyer Dallas native Jim Adler has come to be known as The Tough, Smart Lawyer due to his dedication and drive to proudly represent his clients’ best interests.

Professional Legal Representation

We handle many different types of personal injury lawsuits, including on-the-job work accidents, injuries due to defective drugs or medical devices, and all types of vehicle accidents. We can also help Americans claim Social Security Disability payments or assist those looking for help after the wrongful death of a loved one. If someone’s negligence has led to your injury or the death of a loved one, the attorneys at Jim Adler & Associates want to help. Whether the case involves a defective drug, a motorcycle crash, or an 18-wheeler accident injury lawyer Adler and his team can help victims find their most favorable route to financial recovery. We want to help you get back on your feet.
If you need professional legal advice, reach out to our experienced lawyers in Texas. Personal injury lawyer Jim Adler is president and founder of Jim Adler & Associates, one of the directors of the Houston Trial Lawyers Association and the Texas Trial Lawyers Association, and a member of the State Bar of Texas. With the help of his dedicated team of lawyers and legal support staff, he’s helped thousands of clients and their families find justice. He’s been helping people since 1973 and has earned a reputation as a hard-hitting personal injury lawyer.
Dallas locals, Houston clients, and Texans trust Adler as The Tough, Smart Lawyer!® From medical experts to professional car accident lawyers, our team is ready to help you tackle your case and get the help you need and deserve. Let our family help yours.

Houston

We have two convenient locations in Houston; one in Channelview and another in Galleria. No matter which area you’re in, there’s a team of Houston personal injury lawyers ready to help you with any accident or personal injury case. When they need a personal injury lawyer Houston residents trust our legal team of attorneys to act in their best interests. 
Contact our Houston Law Offices in Galleria and Channelview

Dallas

Call us today to be put in contact with a Dallas personal injury lawyer that can assist you with your legal needs. Our team of Dallas personal injury lawyers has experience handling complex cases, including car wreck cases and accidents involving brain injury, cars, and trucks. Don’t waste another second, contact a Dallas personal injury attorney today!
Contact our Dallas Injury Lawyers

San Antonio

Our San Antonio personal injury lawyer office is located in the San Pedro Plaza. Whether you need a personal injury or auto accident attorney San Antonio is where you’ll find our office and a San Antonio accident lawyer to assist you with all of your legal needs
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