Many of Those Convicted of a Sex Crime are Guilty, however, many are also Accused and Made to Suffer Despite Being Innocent

Posted by on May 11, 2017 in Criminal Defense | 0 comments

In 1996, the US Congress passed Megan’s Law in response to the sexual crime committed against a seven-year-old girl, who was raped and killed in 1994 by her neighbor. Megan’s Law is a federal mandate that requires law enforcement agencies to make available to the public any relevant information (such as name, photo, residence, nature of crime and incarceration date) about sex offenders visiting, living and working in their communities. These information may be posted in free public websites or published in newspapers and pamphlets.

Sexual offenders, especially those who victimize children, are legally required to notify local law enforcement authorities regarding changes in their address or employment after their release from custody; some states require this for up to 10 years, while others, permanently.)In many states also, failure to make this notification is considered a felony offense.

There are many other federal laws in the U.S. which are direct responses to sex crimes against children, like the Adam Walsh Child Protection and Safety Act of 2006, the Violent Crime Control and Law Enforcement Act of 1994, and the Sexual Offender (Jacob Wetterling) Act of 1994 (this is how Megan’s Law is known at the federal level).

Sex crimes committed against children are very serious offenses. A conviction not only means very harsh punishments but a ruined future too since this will definitely affect a convicted person’s personal, professional and community life.

The most common reported types of sex-related crimes are statutory rape (which refers to an adult engaging in sex with a minor who is under the age of consent), child molestation or indecency with a child, aggravated sexual assault, internet sex crime, sexual assault of a child, solicitation, and possession and distribution of child pornography.

According to the National Sex Offender Public Website (NSOPW), in 2012, the Bureau of Justice Statistics’ National Criminal Victimization Survey was able to register 346,830 cases of rape or sexual assault on persons aged 12 or older.

Many sexual assault victims, however, do not immediately report the crime committed against them. In the case of children, many either fear a negative reaction from their parents or are afraid of threats made by abusers, who are usually known to them, like babysitters, neighbors, family friends or child care providers; male victims also usually never report acts of abuse committed against them.

The U.S. justice system is bent on punishing sex offenders harshly due to the serious harm and damages their crime. However, while many of those who get convicted are really guilty, many are also accused and made to suffer despite being innocent.

A charge as serious as a sex crime requires only the best defense from a determined criminal defense lawyer. Thus, according to a Destin sex offense lawyer at the Flaherty Defense Firm, “a case like this demands the right response. It requires a skilled and experienced Destin sex crime lawyer to meet the accusations against you head on.”

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Types of Residential Buildings in LA

Posted by on Feb 9, 2017 in Housing | 0 comments

Investing on a house? Before embarking on a house hunting journey, it is highly important to consider the following:

Are you looking for a starter home or is a long-term residence more preferable? Do you rather need a house that will accommodate your growing family? If you are still single, though, then it may be worth envisioning the possible changes in your lifestyle and needs in the next five to ten years.

There are several types of residential buildings and architectural styles built on the nearly 900,000 parcels of land that make up Los Angeles. With regard to types of residence, the options include:

  • Bungalow: This refers to any small 20th century home that has made home ownership a dream-come-true for a lot of people because of their affordability, but has big enough space. It is horizontal in shape with a low-pitched roof and can be one- or one-and-a half stories.
  • Ranch: Ranch style homes, which are uniquely American, are totally versatile single story houses with a stucco, wood or brick exterior. Besides an attached garage, its design includes a sliding glass door that usually leads to a patio or backyard and large picture windows; each room can also be easily transformed to accommodate specific needs, such as a family room being transformed into a home office and so forth.
  • Cape Cod: This one- or one-and-a half-storey home is constructed of wood and covered with shingles or clapboard. It features multi-paned windows, dormers and decorative shutters. Old design also featured a large chimney in the center of the roof that is linked to fireplaces in each room; today, however, chimneys are placed at one end of the roof.
  • Colonial: This two to three-storey, rectangular shaped house has dormers and a gabled roof with both sides sloping at the same angle. It features porticos, shutters, fireplaces, grand entrances, multi-paned windows, and a symmetrical façade.
  • Split-Level: This has three or more levels with the floor level of one area of the house being half way between the floor and ceiling of another part of the house. This style is meant to blend naturally with the landscape. The main entrance of the house is usually located in the middle level. Split-level houses are found mostly in the East and Midwest.

Choosing a house style is just the peripheral in fine living. Equally, if not more important are your house’s location, aesthetic outside appearance, and interior decoration. The roofing material and design, the color of the paint, the finishes and materials (especially the kitchen, bathroom living room areas) the types of furniture you have and the added amenities, such as a front porch, an outdoor kitchen, an outdoor fireplace and a swimming pool.

To save themselves the trouble of figuring out how to design their house, others settle on renting a luxury apartment that promises a relaxing, refreshing, elegant and comfortable life. These are the very things that Ali Mokaram’s sophisticated LA home provides. By combining modern luxury with rustic accents, Ali Mokaram has transformed his home into a stylish, elegant and totally relaxing and refreshing living environment.

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Trademarks and Trade Secrets

Posted by on Dec 2, 2016 in Business Laws | 0 comments

A company’s reputation will surely suffer if its trade practices are found to be deceptive or misleading, unless such deception is the work (and proven to be the work) of another, such as a competitor. Trade secret, which can be a simple formula, program, device, method, technique, process, practice or any critical information that can be the source of economic gain to someone who discloses or uses it, is what makes one company more successful than its competitors. Thus, to protect a company’s competitive edge or trade secret, it has been considered as one the categories that need to be put under the protection of the Intellectual Property Law.

Obtaining trade secrets through illegal means is a violation of federal and state laws. The state, generally speaking, is the one primarily tasked to enforce trade secrets laws, however, a law passed in 1996, the Economic Espionage Act (EEA), gives the federal government the authority to take charge over certain cases. This same Act also gives the U.S. Attorney General the power to prosecute anyone (individuals or companies), who/which will be proven as involved, in whatever way, in the misappropriation of trade secrets. The Attorney General has, likewise, been given the authority to impose severe punishment on whoever will be found guilty of deliberate stealing, copying or receiving of trade secrets. And, if a foreign government or business firm will benefit from a trade secret misappropriation, then the punishments to be imposed on those found guilty and caught will be doubled.

Besides trade secrets, another category placed under the protection of the Intellectual Property Law is trademark. A trademark, also called brand name or service mark can refer to a slogan, logo, mark or symbol that will directly identify the provider or source of goods or services.

A trademark, even by itself, can distinguish quality goods and services from substandard ones. Thus, some have just have the inclination to make their brand name, symbol, logo, as well as the colors of the symbol, as close as possible to the original, in an attempt to lure or mislead inattentive and unassuming customers.

In its website, the law firm Williams Kherkher points out the importance of being competitive early on in the business, as well as the importance of protecting and defending business rights and interests against anyone out to ruin a company’s good name. Trade secrets and other intellectual property rights represent one of the cornerstones upon which the U.S. economy has been built. If a company’s rights have been infringed upon or misappropriated in any way by a competitor, it will certainly be in the best interests of the owner for the dispute to be resolved in the courts. Even if the other party offers to settle out of court, consulting with an attorney before making any decision will be more advantageous and may even be necessary.

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The Lowdown on Taxotere Hair Loss Lawsuit

Posted by on Oct 23, 2016 in Defective Products | 0 comments

Just like other forms of cancer, breast cancer is treatable with chemotherapy. Recent advances in the medical field have made it possible to extend the chances of survival of a cancer patient. One of the most popular chemotherapy drug prescribed to cancer patients is taxotere. Approved by the US Food and Drug Administration in 1992, the drug generated more than $3 billion for Sanofi Aventis.

One of the common side effects of chemotherapy is hair loss. However, cancer survivors expect the hair to grow back within 3 – 6 months after stopping from treatment. A taxotere hair loss lawyer will tell you that the drug is associated with permanent hair loss which could last for over ten years. It is this side effect of Taxotere that has become the subject of recent lawsuits.

According to most of the claimant, the permanent hair loss that resulted from taking Taxotere caused them to experience a “disfiguring condition” which brought them mental anguish and economic damages. Most claims allege that Sanofi, the manufacturer of taxotere, deceived and misled them that just like other drugs, patients would see their hair grow back. The lawsuits also centered on the drug company’s fraudulent marketing scheme enticing physicians to use Taxotere.

To date, there has not been a recall of Taxotere. It was only in December 2015 that the FDA warned customers of the danger of permanent hair loss as a side effect of taxotere and updated the warning label. Part of the lawsuit is that the manufacturer of the drug did not inform patients of the side effects of the drug and that there were damages that resulted from the failure to inform.

Most lawsuits dwell on the profound impact on the well-being and quality of life that result from permanent hair loss. Studies have shown that hair loss was consistently one of the most troublesome side effects of taxotere and may affect body image.

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Permanent Alopecia, Serving as a Constant Reminder to Patients of Their Struggle against Breast Cancer

Posted by on Sep 13, 2016 in Taxotere Lawsuit | 0 comments

In an article posted in the website drugwatch, one breast cancer patient in the U.S. remarked, “The painful reality is that I will forever look like a cancer patient.”

A breast cancer patient who was treated with Taxotere (Docetaxel – Generic name) the woman (who made the comment) now suffers from permanent alopecia, or permanent hair loss. Though hair loss is an expected consequence in chemotherapy treatment, a patient can also expect that her hair will grow back within three to six months after treatment has ended. In treatments where Taxotere was used, however, the consequence has been unusual, with patients suffering from permanent, instead of temporary, loss of hair.

Taxotere, an intravenous chemotherapy drug that is manufactured and marketed by Sanofi-Aventis, was first approved by the U.S. Food and Drug Administration, for treatment of breast cancer, in 1996 (on August 19, 2004, the FDA approved Taxotere Injection Concentrate or TAC regimen, this time for the post surgery treatment of patients with operable, node-positive breast cancer. This TAC regimen is aimed at reducing risk of breast cancer relapse).

The permanent loss of hair suffered by Taxotere patients serves as a constant reminder of their struggle against cancer. Though many have survived their otherwise deadly condition, what angers these same individuals is the fact that they were never given the chance to prepare themselves for permanent loss of their hair as they (and their doctors who were likewise never made aware of this Taxotere side-effect) were kept in the dark by Sanofi-Aventis regarding the increased risk of permanent alopecia. Had they been informed of the risk, they would have preferred another drug that was as effective as Taxotere, but which did not cause the same side-effect.

As explained by the law firm Williams Kherkher, 75% of all women who have, or formerly had, breast cancer were treated with Taxotere under doctor’s recommendations. Many of these women, who now suffer from permanent alopecia, have filed lawsuits against Sanofi-Aventis, alleging that the manufacturer knew about the side-effect, yet deliberately hid it from patients and doctors to maintain and still increase its sales. Aside from this, the lawsuits also claim that Sanofi-Aventis failed to properly warn patients of the toxic side effects of Taxotere.

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How Medical Bills Are Paid After An Auto Accident

Posted by on May 27, 2016 in Insurance | 0 comments

One of the consequences associated with a car accident is medical expenses. You are likely to sustain injuries or even undergo surgery. Aside from damages to your car, your insurance policy will also provide medical coverage. According to the website of Karlin, Fleisher & Falkenberg, medical costs can be extremely expensive so it pays to have medical coverage. Here are the steps on how to get medical coverage after an accident:

1. Liability Insurance

State laws require that every insurance premium should have liability insurance. The state will determine the minimum requirement on the amount of liability insurance. Liability insurance consists of two parts:

Bodily injury coverage. This type of coverage pays for medical expenses due to injuries suffered by another person if you were deemed at-fault. Again, this coverage will not pay for your own injuries.
Property damage coverage. In an accident where you were deemed at-fault, property damage coverage pays for any damage to another person’s property.

Since the bodily injury coverage of liability insurance does not pay for your own medical expenses when you are deemed at fault, it is important to get one of the following coverages:

Personal Injury Protection (PIP). Also known as “no-fault” insurance, this will pay for your medical costs regardless of who was at-fault. Aside from medical costs, PIP will also shoulder the following:

  • Lost income
  • Funeral expenses
  • Child care
  • Household maintenance

Ina no-fault state, you can choose to set your PIP or your health insurance as the main source of insurance coverage for accident related injuries. Your choice for secondary option will help defray costs for your primary insurance.

2. Medical Payments Coverage

Medical payments coverage works like PIP because it also pays your medical expenses regardless of fault. If you reside ina no-fault state, you can use medical payments coverage to supplement your standard coverage if your PIP is not enough to shoulder injury-related costs. The downside of medical payments coverage is that it will not pay for lost income or other items that is paid for by PIP.

In a no-fault state, you may opt to set medical payments coverage or your health insurance as your main source of coverage if you are hurt in a car accident. Again, your secondary option will supplement your primary source. Medical payments coverage may pay for any treatments that is not covered by health insurance.

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Dangers in the Workplace

Posted by on Nov 27, 2015 in Workplace Injuries | 0 comments

Legally, employers have a responsibility to give a secure working environment for his or her employees, too as decent security instruction and equipment. This “obligation” requires employers not to cause harm or set someone in a status to suffer injury. Unfortunately, it’s easy for employers to break and cause harm to employees by acting negligently. According to OSHA, office explosions and fires hurt more than 5,000 employees and destroy about 200 annually.

Explosions occur to get a vast range of variables such as poor breathing, accumulation of flammable gases, and failure to procure combustible components. In accordance with the website of Habush Habush & Rottier, the most frequent injuries caused by explosions comprise:

  • Serious burns
  • Lung damage
  • Mind injuries
  • Broken bones

The first thing to do is seek medical assistance for your own injuries if you’re involved in an explosion. It’s vital that you document the specifics of the injury, once you are treated. This consists of shooting photos of your injuries along with the scene of the surge speaking to witnesses, getting bills for the injury-related costs, and creating down injuries or any battles you may have sustained.

Traumas due to an explosion can lead to expensive hospital treatment as well as a handicap. Employers need to be willing to provide adequate workers’ compensation protection if a worker is injured at work. The workers’ compensation insurance company is responsible for pretty covering medical bills and losses. Unfortunately, obtaining sufficient compensation for workplace injuries is not necessarily an easy task.

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What Can I Do About 18-Wheeler Truck Accidents?

Posted by on Aug 30, 2015 in Truck Accidents | 0 comments

It is almost instinctual, the need to drive or move away as fast as you can, the minute you are within radius of an eighteen-wheeler truck. The sheer immensity of the vehicle as well as its potentially hazardous cargo is enough to inspire fear into anyone within the vicinity. And it is for good reason.

The weight and size of an eighteen-wheeler truck are variables to consider whenever thinking of the impact that it can cause while on the road. It is one of the key elements as to why they are markedly different from other motor vehicle accidents like motorbikes or regular SUVs. Just picture the scene: gridlocked traffic with dozens of private vehicles, just trying to get from one point to another, when all of a sudden – an eighteen-wheeler truck comes barreling in at full force. The potential devastation that a truck of that magnitude can bring is enough to strike fear into the hearts of many, which is why the laws and rules that cover them are quite more strictly followed in comparison to other vehicles.

According to the website of Williams and Kherkher, there are laws that cover eighteen-wheeler trucks are mostly federal. That means that they are universal throughout all the states in the United States of America. Some of these laws include the hours that a truck driver can drive a vehicle of this proportion consecutively as well as the maximum load that a truck can carry without a permit. There are, indeed, precautions in place so that accidents of this nature can be avoided – and if any of these are violated, then that is a matter of negligence and the party responsible is then accountable for any injuries or damages done due to the incident.

It can be a tricky kind of situation to be in but with the right kind of legal aid, there is every chance that justice will be prevailed.

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The Parthenon in Nashville

Posted by on May 11, 2015 in Places | 0 comments

At the center of Nashville’s Centennial Park stands a full-scale replica of one of the most important structures of the ancient Greek civilization. The Parthenon was a temple built in 447 B.C. in Athens, Greece to honor the goddess Athena. Since Nashville had been considered the “Athens of the South”, a recreation of the Parthenon was built in the area as part of the city’s centennial celebration in 1897. While the structure was never meant to be a permanent attraction, it pulled in a lot of visitors and tourists. As a result, the local government decided to reconstruct the replica and make it permanent starting the 1920s.

The main attraction of Nashville’s Parthenon is the replica of the 42-foot statue of Athena that has been lost in the Athens temple since around 5th century AD. This reproduction was made by American sculptor Alan LeQuire and depicts Athena in a cuirass and helmet while carrying a shield on her left arm and holding up a small figure of Nike, the goddess of victory, in her right hand. The rest of the interior also closely resemble the classical architecture style of Ancient Greece. In particular, Nashville’s Parthenon boasts plaster molds of the Parthenon Marbles which have adorned the pediments of the original structure in Athens.

Aside from being an important monument to a notable time in history, Nashville’s Parthenon also serves as an art museum and gallery. Today, the Parthenon boasts a permanent collection of paintings made by various American artists from the 19th and 20th centuries. It also hosts several rotating exhibits featuring the very best of the local art scene in Nashville, Tennessee.

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Choosing Between Chapter 7 and Chapter 13 Bankruptcy in Texas

Posted by on Feb 4, 2015 in Bankruptcy | 0 comments

You have made the decision, and your family concurs. You will file for bankruptcy because you have no means of paying your debts without sacrificing your basic needs and that of your family. The next issue is choosing the best way to go about it. Would you be better off with Chapter 7 or Chapter 13?

Bankruptcy is governed by federal law, and although states have their own set of laws for it, they typically closely follow the federal statutes. Under bankruptcy law, there are two distinct types of personal bankruptcy that an individual can file classified as Chapter 7 (because it is Chapter 7 in the Bankruptcy Code) or Chapter 13.

Chapter 7 is liquidation, in which the debtor agrees to place all non-exempt assets into an estate under the management of a court-appointed trustee, who will then distribute the proceeds of the sale of assets to the creditors. A Waco bankruptcy lawyer would make sure that all exempt assets under this type of filing are excluded from the estate. In exchange, the court forgives any debt that may be remaining (with some notable exceptions such as back child support and student loans), enabling the debtor to start fresh. The whole process from filing to discharge takes about six months.

Chapter 13, on the other hand, is reorganization. The debtor agrees to work with the court to construct a repayment plan to manage debt and to negotiate with creditors for better interest rates, longer terms, and waiver of late fees. The debts are not forgiven, although in most cases only part of an unsecured debt i.e. credit card debt needs to be part of the debt management plan. In general, the court allows the debtor up to 5 years to discharge their debts. If the debtor fails to follow the plan, the court may dismiss the petition.

As you can see, Chapter 7 is resolved faster and involves less work for all parties. But because debt forgiveness is involved, the courts reserve this privilege for those who can pass a means test of income. In other words, if you actually have the means to pay, you won’t qualify for Chapter 7. That leaves Chapter 13, which is easier to qualify for. However, if you have property you want to keep that is non-exempt, then Chapter 13 is the better option for you.

Which one will be better for you at the end of the day depends on your circumstances. Consult with a bankruptcy lawyer in your state for a clear picture of your available options.

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