Finding A Skilled Lawyer Regardless of what your legal needs are you will find that there are countless lawyers in your neighborhood that advertise which they focus on your form of case. This may make the process of finding one with a great deal of experience a bit of a challenge. However, if you follow the tips below it will be possible to define your pursuit off to the right one out of very little time. The first step is to produce a set of the lawyers which can be listed in your town specializing in your circumstances. When you are which makes this list you need to only include those that you have a good vibe about based upon their advertisement. You can then narrow this list down by taking a bit of time evaluating their site. There you should certainly find how many years they are practicing and several general information regarding their success rates. At this moment your list must have shrunken further to the people which you felt had professional websites plus an appropriate amount of experience. You need to then take the time to search for independent reviews for each attorney. Make sure you browse the reviews instead of just depending on their overall rating. The info within the reviews gives you a sense of the way they interact with the clientele and how much time they invest into each case they are concentrating on. Finally, you will want to talk with a minimum of the past three lawyers which have the credentials you are looking for. This will give you time to genuinely evaluate how interested they may be in representing you and the case. It is important to follow most of these steps to ensure that you find a person that has the correct degree of experience to help you the very best outcome.
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Some of the cites we server are,
Can A Person Be Charged At Both The State And Federal Level For A Single Criminal Violation?
If A Person Commits A Crime Which Is A Violation Of State Law (Lets Say Aggravated Assault) Could He Also Be Charged In Federal Court For Something That Is Technically A Different Charge (Lets Say Domestic Assault By An Habitual Offender), Or Would That Be Covered Under Double Jeopardy?
Technically, yes, they can be charged at both levels, since both are sovereign entities. The Supreme Court has allowed both the Feds and the State to prosecute for the same action. So if you murder somebody, are tried at the State level, the Federal Government can still choose to prosecute you, regardless of the verdict, and Double Jeopardy does not apply.
However, the Federal Government almost never steps in, and usually delegates to the States if the State has Jurisdiction. There is a policy called the "Petite Policy", which come from a former US Attorney General, that is basically the written out policy of the US Justice Department that says the Fed. Government will generally stay away from double prosecution, unless the Federal Government has a substantial interest in the outcome, and the State trial left "justice unvindicated". Generally you will only see this type of double prosecution in policy brutality cases, generally against minorities, where Federal Interest is high and a racially based acquittal was reached by the jury.
It is very very rare that the Feds will seek to re-prosecute.
Court Ordered Grandparent Rights?
I Am Estranged From My Mother And Am Wondering If She Will Be Able To Go Through The Courts To See My Future Children. She Also Doesn'T Get Along With My Sister-In-Law And Has Told Me That If They Have A Baby And Don'T Let Her See It She Will Take Them To Court Because She Has A Right As A Grandparent. My Mother Has Been Mentally Abusive To Me My Entire Life; She Is Not A Good Person. Does Anyone Know If She Actually Can Force Us To Let Her See Our Children? We Live In Ny If It Matters....
No, you can prove her unfit.
The U.S. Supreme Court decision from 2000 does not have any impact on the grandparent visitation law of New York State. That case, Troxel v. Granville, involved a broad Washington State statute which permitted:
‘[a]ny person may petition the court for visitation rights at any time,’ and the courts may grant such visitation rights whenever ‘visitation may serve the best interest of the child.’ *** Once the visitation petition has been filed in court and the matter is placed before a judge, a parent’s decision that visitation would not be in the child’s best interest is accorded no deference.
In that case, the grandchildren’s surviving parent would allow visitation to the grandparents with the grandchildren, but for only one day per month. The grandparents petitioned for more time with the grandchildren, two overnight weekends per month and two weeks during the summers. The Court below ignored the fact that the parent of the children assented to visitation prior to the filing of the petition, and placed the burden on the parent to prove it would not be in the best interest of the children. The U.S. Supreme Court compared and contrasted the Washington State law to other State laws for grandparent visitation, which require the grandparent to first be denied visitation by the child’s custodian prior to being able to file such a petition, and which put the burden on the grandparent to show that it is in the child’s best interest, as does New York law. The U.S. Supreme Court, in its majority decision, criticized the Washington State’s Trial Court case as being nothing more than a simple disagreement between the judge and the parent.
Most importantly, the U.S. Supreme Court decision was a very narrow one and made clear:
Because we rest our decision on the sweeping breadth of § 26.10.160(3) and the application of that broad, unlimited power in this case, we do not consider the primary constitutional question passed on by the Washington Supreme Court - - whether the Due Process Clause requires all non-parental visitation statutes to include a showing of harm or potential harm to the child as a condition precedent to granting visitation. We do not, and need not, define today the precise scope of the parental due process right in the visitation context. In this respect, we agree with Justice Kennedy that the constitutionality of any standard for awarding visitation turns on the specific manner in which that standard is applied and that the constitutional protections in this area are best ‘elaborated with care.’ *** Because much state-court adjudication in this context occurs on a case-by-case basis, we would be hesitant to hold that specific non-parental visitation statutes violate the Due Process Clause as a per se matter.
Thus, the New York grandparent visitation statute and case law stands untouched by that decision, because it is: not over broad, as it is limited solely to biological grandparents; it is required to first show that the petitioning grandparent has standing; and only then is best interest of the child considered, and is to be put forth by the petitioning grandparent.
Legal Self Defense?
So I Just Got Back From The Park And Me And My 4 Friends Who Are All Under 17 Played These 3 Mid 30 Year Old Looking Men In Basketball And One Of The Guys Started Arguing With Me And I Argued Back Cause I Thought We Were Just Kidding Around. But Then He Got In My Face And Said He'Ll &Quot;Knock My Lil *** Out&Quot; Im 16 And This Guy Is Mid 30 Years Old He'S Huge Got A Lumberjack Beard, Probably Weighs Almost 300 Pounds Like 6&Quot;5. I Told Him To Chill Cause Obviously I Didn'T Wanna Fight Him And Then We Finsihed The Game. Then I Went Home. And He Was Legit About To Fight Me. If I Had A Knife On Me Would I Be Able To Pull It Out And If He Charged At Me Or Swung At Me Would I Have Been Able To Stab Him Without Going To Jail Or Prison? Self Defense If You Ask Me Plus I'M A Minor And He'S Adult But He Didn'T Have A Weapon So What Would Have Happened Plz Help.
Our legal system is a real problem. Your better off staying out of trouble and away from the legal system. The whole "innocent until proven guilty" thing is a myth.
Your only allowed to fight back if your life is in danger. Let's say the guy attacks you and you really are afraid for your life and just fighting back. You pull a knife and stab the guy.
The police are going to question you. Your going to spend time in a holding cell. You'll probably need to post bail and hire a lawyer. You need to spend time in court, which is almost as bad as jail.
And if the cop dislikes you, then they'll find some bs reason to arrest you.
Most states have laws about what kind of weapons you can carry.
I Need A Good Dui Attorney In Birmingham, Alabama.?
I Was Recently Pulled Over For An Expired Tag In Birmingham And Told That I Had An Outstanding Warrant In Tuscaloosa For A Dui From 2005. I Was Taken To Tuscaloosa Police Department And Had A Court Date Set. At My Court Date I Had To Plead Not Guilty To Get A Continuance And Now At My Next Court Date I Need A Lawyer To Get The Case Dismissed. I Wasn't Even In The Car When The Cops Came To The Wreck, I Was Never Read My Rights, Never Arrested, Never Asked To Take A Breathalyzer Test. I Was Taken To The Hospital By Ambulance And Released The Next Day. I Am Now On Disability And Have 5 Children. If I Go To Jail, My Check And The Checks They Receive On My Behalf Each Month Will Be Taken Away. I Need A Good Lawyer That Can Work Out Payment Plans. My Court Date Is Next Tuesday, October 28, 2008. Please Help Me If You Know Anyone!!!!
Honestly, call your local Bar Association or a local attorney referral service and ask them for the attorneys that specialize in these matters. That's what these referral services are for. You can also look in the yellow pages, there are many attorneys that deal in DUI cases exclusively. Call a few and ask how long they have been practicing, their success rate, etc. If they are not forthright with this information then move on to the next one until you feel satisfied. Hope you get this straightened out for the sake of your kids. Good luck.
* This may get you started:
1. Polson & Robbins (205) 252-7000
2. Kreps Law Firm (205) 824-6545
3. DUI Attorneys (205) 453-1640
* All of these are in Birmingham or very close. Polson & Robbins have a very good online rating.
Law Suit For Horse Injury?
I Have 12 Horses, And 1 Stallion... I Have Had Horses For My Hole Life, Well.. There Is A Situation That Happend To My Friend. She Lives Next To This Couple Who Have Horses Also, They Have A &Quot;Mustang&Quot; Stallion Who They Use To Breed There Mares With. They Are All Roaming Free With Each Other, And They Use Him For Breeding Other Peoples Horses..
This Was A Very Warm Spring Day, In Middle Of March In Michigan, It Was About 60 Degress, They Desided To Take There Stallion For A Walk Down The Road, My Friend Says Her Kids Were Home All Day Playing In The Yard, They Make &Quot;Kid&Quot; Noises With Plastic Wissles And Stuff There Kid Was About 9 Years Old.. She Got A Call From The Police, Later That Night. Saying Her Kids Were Blowing &Quot;Fog Horns To Agatate&Quot; The Horses During The Day And Caused The Horse To Rear Up And Strike Her In The Face... There Was No Fog Horn Only, What Was Called A &Quot;Recorder&Quot; Or Like A Flute. She Was Told The Couple Is Suing Her Insurance Company For Her Injurys.
Your friend's biggest problem is going to be the ignorance of both the insurance adjuster, and the court system, if it gets that far. And judging by the fact that the cops called, to pass the complaint along, they don't know anything about horses either. What they have is a police report, on paper, which is not good news.
I interned one summer at a law firm which was handling a horse related injury case. You need to contact your friend right now, tonight, and tell her to call her insurance person first thing in the morning, and say that if the company settles this case without her permission, (which they can and will do), she will sue them too. No joke...insurance companies have no spine, and neither do their lawyers. It's cheaper for them to pay out a percentage of what they think they have to lose, and then jack up the premiums on your friend. The suit is bogus....you know it, I know it, and so does everyone else....but you would not believe how ludicrous this is going to get. Your friend first needs to explain to her insurance company WHY this case has no merit...then worry about the rest of it. Tell her to remember this is not about what is factual...it is about the colossal ignorance of non-horse people (and those who think they know it all), and what they thinks sounds reasonable.
If the kids were on their own property, and it wasn't past a curfew time, and the noise wasn't unreasonable to what kids do, it should not get any farther than just hard feelings. But this is America, and anyone can sue for anything. Reading the posts in this section alone should tell you that reason and logic do not always carry the day.
People will say "they have no case", and that is true. However, having said that, plenty of people have cashed big checks that represent a fraction of what they asked for, but are still bigger than most people's annual income, on cases with far less merit.
Question For Lawyers?
When You Were Like In Your Freshman Year Of Hs Or Like 8Th Grade Were You Like Super Smart Or Did You Have To Like Work Hard To Get Great Grades? How Smart Do You Need To Be To Be A Lawyer; Like What Characteristics??
I hated grade school, begged my parents to let me drop out. In high school I had average grades because I just didn't care. Played sports, had boyfriends, enjoyed high school. I enjoyed reading, took creative writing classes, and lots of business classes. In college I took business classes, got high grades (because I paid for college). I did not take what was considered pre-law courses, I took a variety of classes.
I own my own employment law firm. It was not easy. The only lawyerly trait I showed in HS was I would defend others when they got in trouble. If there was an injustice, I was there fighting for the person being treated unfairly. We are all different and bring different things to the profession of law. That is what is so great about this profession. You don't need to be a bookworm, or super smart, or study certain things. You can just be who you are and become a lawyer.
Look at www.abanet.org for more info on the profession. They have an entire section for those thinking about being a lawyer. Good luck.