Best New York legal law awards. Best Immigration Lawyer.

Helen Zalcman

is devoted to helping you with the application processes and procedures involved in naturalization of foreign nationals who wish to become U.S. citizens. She is also experienced with legal issues relating to people who are refugees, people who cross U.S. borders, and those who traffic or otherwise transport aliens into the United States.

Attorney Barry Schneps

New York immigration Attorney Barry Schneps focuses his practice solely on immigration matters and represents private individuals, families, businesses, universities and non-profit organizations before Immigration Judges, Board of Immigration Appeals, District Court and United States Circuit Courts. Although Attorney Schneps' office is located in New York, he is qualified to represent all immigration clients in all U.S. deportation cases, in visa applications throughout the United States and in U.S. consular processing throughout the world.

Best los angeles legal law awards. Best Immigration Lawyer.

CARL SHUSTERMAN Corporate Immigration Lawyer

Mr. Shusterman is a 1973 graduate of the UCLA School of Law. He served as an attorney for the U.S. Immigration and Naturalization Service (INS) until 1982 when he entered the private practice of law. He is authorized to practice before the Supreme Court of California, the Federal District Court, the U.S. Court of Appeals, Sixth, Seventh and Ninth Circuits and the Supreme Court of the United States.

Mr. Shusterman is a former chairman of the American Immigration Lawyers Association (AILA), Southern California Chapter and served as a member of AILA's national Board of Governors (1988-97). He has chaired numerous AILA Committees, spoken at dozens of AILA Conferences and has contributed a number of scholarly articles to AILA's publications. He is a member of the American Bar Association.

ELAHE "ELLIE" NAJFABADI Corporate Immigration Lawyer

Ms. Najfabadi is one of the leading corporate immigration attorneys in the United States. She recently lectured over 100 immigration attorneys regarding applications for employment-based permanent residence through labor certification.

Ms. Najfabadi is truly a citizen of the world. Born in Iran and educated in India, she is fluent in both Farsi and Hindi. Working for the United Nations in Spain, she honed her Spanish and served as a Spanish interpreter for the U.S. Immigration Court. Later, she worked as an immigration legal assistant while attending law school in the evening. She has over 15 years of experience in immigration law.

She represents numerous Fortune 500 corporations, million dollar investors, health care employers, international medical graduates, outstanding professors and researchers and persons in a wide variety of occupations.

Computer Monitoring, More Than Employee Activity Monitoring

PCs, laptops, and the availability of broadband have radically changed the way people do business. Employers now have more sophisticated business critical tools that they can use to achieve increased business efficiencies and higher profits. At the same time, there is a requirement by employers to be able to monitor and track employee computer activity. Whether employees dedicate their time to business related tasks or deviate to personal gains is an issue that has far reaching consequences. Leaving employees at the office with resources like computers and broadband can cause them to take short to long deviations from actual business targets. Simple to complex computer games, internet access to sites like stock-buying and selling, personal emails, and chatting form part of a serious business problem that management needs to deal with.

Computer monitoring and proper employee behavior are no longer only issues for major corporations. Small to medium scale businesses too can feel the heat. The prices of computer monitoring systems have come down over the years and now an employer of 10 or less employees may also be able to afford to implement computer monitoring systems.

There are employees who just concentrate on their job rather than indulging in unproductive activities. Managers would have such an easy time if all employees were like that, but that is not the case. This is why sophisticated computer monitoring software or computer monitoring tools are required. Computer monitoring is necessitated by management because management is held directly responsible for any activities done with corporate resources including computers and broadband. If one of the employees illegally downloads and uses copyrighted music or software, management will be held responsible for that employee’s actions. Thus there is no point in not implementing a better method of control over your resources which are meant to serve you.

When looking for a computer monitoring software tool, you can rely on the one provided from WorkExaminer.com. This non-spyware, computer monitoring tool derives reports based on the activities of individuals using a computer on the corporate network. The software is installed over the network, and there is no way that individuals can identify or alter the computer monitoring software that continuously monitors the activity of network users without ever alerting them. The reports are then delivered to management in popular formats such as XLS, HTML, XML.

The software solution is not spyware and it does not grab screenshots. The computer monitoring software creates log files about the software programs used by the user and for what periods of time. The manager can also set triggers like the opening of a specific program such as a card game or AOL Instant Messenger. Whenever an employee opens a program listed in the watch-list, the manager receives an email containing an alert. The reports are customizable and derivable so that any specific management or policy issue can be located and addressed. The manager can also identify the total amount of time an employee spent on any given project. This will help managers design better workflow systems that provide maximum utilization of employee resources and give them an option to assign the best performers to business critical issues and problems.
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Background Check Online Information Record Search Gateway

A background check is your opportunity to verify information provided by your candidate. It can also reveal information that was either mistakenly or intentionally omitted - such as residency in other regions where a criminal record might be located. Background checks also help confirm dates of attendance and degrees or certifications earned, and background checks can also provide specific information about prior employment. The bottom line … your applicant's history will go a long way in predicting their future and a thorough employee background check during the pre employment screening process helps you see both.

Background Check Record Search provides powerful background check features with extreme ease of use, making it an ideal choice for home users or professionals alike, all from the privacy of your own home. Unlimited searches! Investigate Anyone in any US State and Country Online. Plus Complete sources for ALL Public & Vital Records . Advanced Tools for People Searches. A Massive Collection of Investigation resources. These resources are used by private eyes & law enforcement agencies around the world. This is the 100% legal, private and accurate way to conduct your own research & investigations.

This is the place to start to find accurate information about businesses, people and assets, and to discover the critical relationships between them.


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Poor hiring practices can cost a company in lost productivity, theft, and at the extreme end, workplace violence incidents that can cost lives, damage the company's reputation, and depress future earnings. Legal expenses for negligence lawsuits (for issues including negligent hiring, supervision, security, training, and retention) average $2.2 million. But more devastating is the loss of life that violence in the workplace can cause. To minimize the risk of such incidents, companies need to implement a well-crafted hiring process that screens out violence-prone candidates before they become employees.

A complete hiring process to screen for violence-prone behaviors should include most, if not all, of the following items: self-opt-out selection techniques, strategic questions on the employment application, psychological assessments, background and reference checks, and behavioral interview questions.

Background Check Record Search provides powerful background check features with extreme ease of use, making it an ideal choice for home users or professionals alike, all from the privacy of your own home. Unlimited searches! Investigate Anyone in any US State and Country Online. Plus Complete sources for ALL Public & Vital Records . Advanced Tools for People Searches. A Massive Collection of Investigation resources. These resources are used by private eyes & law enforcement agencies around the world. This is the 100% legal, private and accurate way to conduct your own research & investigations.

Public Records . Birth Records . Adoption Records, Court Records . Criminal Records . Social Security# Records . Police Records . FBI Records . People Search . Property Records . Arrest Records . Bankruptcy Records . Childcare and Nanny Screening . Felony Arrests . Inmates locator . Judgment Files . Plaintiff/Defendants . Adoption Records . Probate Records . Death Records . Sex offenders . Skip Tracing . Small Claims Records . Marriage Records . All Vital Records . Warrant Files, Unlimited Background Checks . Divorce Records . Criminal Record Checks . Identity Theft, Fraud and Alias Files . Military Records . Birth and Marriage Certificates . Legal Records . Genealogy . Employee Background Verifications . Prison Records . DMV and DUI Files . and much more!!

Employers check potential and current workers for several reasons. The things an employer wants to know about you can vary with the kinds of jobs you might seek. Here are a few of the reasons for employment screening.


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Negligent hiring lawsuits are on the rise. If an employee's actions hurt someone, the employer may be liable. The threat of liability gives employers reason to be cautious in checking an applicant's past. A bad decision can wreck havoc on a company's budget and reputation as well as ruin the career of the hiring official. Employers no longer feel secure in relying on their instinct as a basis to hire.

Current events have caused an increase in employment screening.

Child abuse and child abductions in the news in recent years have resulted in new laws in almost every state that require criminal background checks for anyone who works with children. The move to protect children through criminal background checks now includes volunteers who serve as coaches for youth sports activities and scout troop leaders.

Terrorist acts of September 11, 2001, have resulted in heightened security and identity-verification strategies by employers. Potential job candidates and long-time employees alike are being examined with a new eye following September 11, 2001.

Corporate executives, officers, and directors now face a degree of scrutiny in both professional and private life unknown before the Enron debacle and other corporate scandals of 2002.

False or inflated information supplied by job applicants is frequently in the news. Some estimates are that 30% to 40% of all job applications and resumes include some false or inflated facts. Such reports make employers wary of accepting anyone's word at face value.

Federal and state laws require that background checks be conducted for certain jobs. For example, most states require criminal background checks for anyone who works with children, the elderly, or disabled. The federal National Child Protection Act authorizes state officials to access the FBI's National Crime Information Center (NCIC) database for some positions. Many state and federal government jobs require a background check, and depending on the kind of job, may require an extensive investigation for a security clearance.

The "information age" itself may be a reason for the increase in employment screening -- the availability of computer databases containing millions of records of personal data. As the cost of searching these sources drops, employers are finding it more feasible to conduct background checks.

The online background and public records professionals.

How to collect back owed child support the effective way.

Collecting child support for custodial parents is one step in establishing child support payments. When the custodial parents establishes child support, the local child support court office will conclude the amount of monthly payments the non-custodial parent will be obligated to pay. When the non-custodial parent receives their orders to pay child support, they must live up to their obligations or suffer the penalties.

To assist the custodial parent, there are methods to helping them on collecting child support. The child support enforcement office will utilize methods to enforcing payments. Methods such as reporting the non-custodial parent to the credit bureau, placing liens on real estate properties, passport denial, suspension of driver’s license, interception of IRS tax refund checks, and garnishment of bank accounts. If all else fails the courts will take judicial actions.

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When the state is unsuccessful in collecting child support from the non-custodial parent, the child support office will request that the courts take immediate actions. When action is taken the non-custodial parent could face jail time for not making child support payments. In some state jail time is at least six months. While incarcerated, the non-custodial parent is still responsible for making child support payments.

These enforcements are important when collecting child support payments. They help motivate the non-custodial parents into making timely child support payments. There are many websites that can help custodial parents collect current and past due child support payments. Child support is the financial assistance that is provide by the non-custodial parent in order for the custodial parent to provide for their child/children.

Click for more info on Child Support Collections

How to Find Out if You Have Warrants

If you have unpaid traffic tickets, missed court dates, or a criminal history, you might be wondering if you have warrants out for your arrest. There are a few simple things you can do to find out if you do.

1) Call the courthouse that you think you might have warrants in. Ask to talk to the payment office and ask if you have any warrants. You need to have your case ID number that you received in the mail or at the courthouse on hand.

2) Use one of the free or cheap online warrant lookup services. The good ones will require a small fee, but it is worth it if it means getting your warrants cleared up.

3) Go up and ask a police officer if you have any warrants. WARNING: doing this may result in your arrest, I would not recommend doing this.

4) Do nothing and wait. Eventually someone will contact you, but they might put you in a great deal of debt, or worse send you to jail.

5) Do a background check. Background checks are fast easy and more effective than a private investigator was 5 years ago. The arena of public records is growing and growing and growing, making anyone James Bond informationally.

Unpaid warrants have ruined a great number of people's lives. I cannot stress enough how important it is to know if you have warrants out in your name. Your warrants, which you may not even know about, could keep you from getting a job, destroy your credit thereby preventing you from owning a home, or even put you in prison for a long time. Take the advice in this article and get rid of those warrants. Your future depends on it!

Mike Matthews is a lawyer in Dallas, TX and author of http://erasewarrants.blogspot.com

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How to avoid a Criminal Record by using a Diversion?

Sometimes the criminal justice system comes up with a good compromise between justice and mercy. This doesn’t happen often, but when a defendant who has no prior criminal record and the offense is not considered serious, a compromise is sometimes reached that allow this person to move past one incident without acquiring a criminal record.

One such compromise is called a “diversion.” A diversion means a case is “diverted” out of the criminal justice system for a period of time (usually one year), during which time the defendant must undergo treatment, counseling, make restitution to the persons harmed or perform community service.

If the defendant meets these conditions, pays all fines and court costs, and does not get into any additional trouble with the law during this time period, the case is dropped and this person does not have a criminal record.

On the surface a diversion sounds good, but in my experience it can be a two-edged sword. Usually, defendants must plead guilty in order to be considered for a diversion. So if, during the time period of the diversion, they fail to comply 100% with the terms of their diversion, or if they get into any other trouble, the courts will automatically find them guilty based on their guilty plea.

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This last point is where I have seen many defendants get tripped up. A single alcohol-related incident, a domestic complaint or even the accusation of a crime may be all it takes for a court to revoke the terms of a diversion. And , with that guilty plea already submitted, the defendant’s conviction is a foregone conclusion.

A good criminal defense lawyer can help you negotiate with a prosecutor for a diversion. But as always, be careful about accepting a plea agreement if you are in fact innocent, and have the evidence to support your innocence.

Here again, sometimes it is just better to fight for your innocence in court. But to do this, you must have a good criminal lawyer fighting for you.

In order to be considered for a diversion, the defendant is generally regarded as “salvageable” by the prosecutor and the court. This means, they do not regard the individual as a career criminal, but someone who could be straightened out by the counseling, restitution or other terms of the diversion.

Generally, if the defendant’s criminal defense lawyer and the prosecutor agree on the terms of the diversion, the judge will agree. But not always. Sometimes a judge will refuse to sign off on a diversion because he or she wants to send a message and show the community that he or she is “tough on crime.”

With harsher drunk driving laws on the books, a diversion may not be an option for driving under the influence in your state.

The key point that I cannot emphasize strongly enough, is to remember that you are under the microscope throughout the time of your diversion, which is generally a year. This means that you must not only fully comply with every detail of your deversion’s requirements, you must also avoid any other run-ins with the law. Particularly alcohol or domestic incidents.

Charles Brown, JD is a former criminal defense lawyer who now writes about legal topics. Visit him at Ask A Criminal Defense Lawyer, http://askcrimelawyer.blogspot.com, where you can submit your questions about your legal rights, what to do if you or a family member is ever charged with a crime, how to choose a criminal defense lawyer and how to work with your lawyer throughout your case.

Article Source: http://EzineArticles.com/?expert=Charles_Brown

The real price of health care after legal bills and malpractice lawsuits.

Spending money on legal fees is a part of our society, especially in the healthcare industry. There is a time and place for the legal system in healthcare, but more and more we unfortunately see instances where legal fees are unnecessary or high, resulting in a significant impact on doctors and nurses and the services provided to patients.

Some of the rising cost of healthcare is directly related to an existing crisis in our country. One of the most significant aspects of consumers’ relationship with the healthcare industry is that when things go wrong, one of the first things that happens is someone hires an attorney for a malpractice suit.

Because of high costs for healthcare insurance coverage, we now have 41 million people in the United States going “bare.” What this means is that in addition to the individual not getting proper care, doctors and nurses are now faced with a major challenge specific to out of control malpractice coverage. In other words, uninsured patients, doctors have to find a way of protecting themselves in case of error or mishap.

More than $10 billion is spent annually in the U.S. for malpractice and legal costs arising from absence of or inadequate healthcare coverage.In addition to out of control malpractice premiums due to the current tort system, we also see a 50% increase in median jury awards and a 40% increase for median out-of-court settlements.

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The frightening thing is that no end is in sight. Because jury awards are increasing, the need for robust malpractice insurance and legal coverage also increases. When you consider the cost of a doctor or nurse battling malpractice claims, you are looking at significant monies. Even maintaining legal counsel and malpractice insurance coverage is enough to put some medical professionals out of business or at least push them to a less risky field of medicine.

While it’s tempting to throw the blame on attorneys’ charges, the underlying issue is that we need better healthcare solutions. In addition, we need laws that better protect medical professionals from frivolous lawsuits filed by money-hungry without a valid claim.

Now, we have seen a proposal by the President with renewed attention on capping awards specific to pain and suffering in malpractice lawsuits. True, this does shed some light on an all-important matter but we still have a very, long way to go. The solution to high legal costs in healthcare is not a cut and dry case. We need to boost our nationwide health coverage, toughen our laws, and ensure doctors and nurses are properly trained. Most importantly, the hospitals and clinics that staff medical professionals need to put strict guidelines in place to reduce risk for malpractice and the ever-increasing legal dollar.

Richard A. Hall is founder and President/CEO of LexTech, Inc., a legal information consulting company. Mr. Hall has a unique breadth of experience which has enabled him to meld technology and sophisticated statistical analysis to produce a technology driven analytical model of the practice of law. As a busy civil trial attorney, he was responsible for the design and implementation of a LAN based litigation database and fully automated document production system for a mid-sized civil defense firm. He developed a task based billing model built on extensive statistical analysis of hundreds of litigated civil matters. In 1994, Mr. Hall invented linguistic modeling software which automatically reads, applies budget codes, budget codes and analyzes legal bill content. He also served as California Director and lecturer for a nationwide bar review. Mr. Hall continues to practice law and perform pro bono services for several Northern California judicial districts.

Article Source: http://EzineArticles.com/?expert=Richard_Hall

Credit repair and what you can do honestly and within your legal rights.

Getting your credit repaired is not just a matter of knowing how to deal with creditors, collection firms, and consumer reporting agencies. It is also essential that you know your legal rights under the laws dealing with credit reports and credit repair organizations. Knowing your rights will aid you in your fight to regain a respectable credit rating, and will also help you to avoid the danger of falling for a credit repair scam.

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You have a number of rights regarding what other parties may do what your credit information. The law states that consumer reporting agencies must and sure that the information found on your credit report is accurate. This is in line with the permissions of the Fair Credit Reporting Act. Therefore, if you believe there to be inaccuracies on your credit report, you can call the attention of the consumer reporting agencies and they will have to verify the information. If they cannot verify it, then under the law, they must make corrections to the report and send you a free copy of the corrected report. Furthermore, once an agency has made a correction to your credit report, it may not refile the negative information that was changed for a duration of five days since you received notice of the correction.

You also possess the right to have any negative information dropped from your report after a certain period of time. Bankruptcies should be removed from your report after a period of 10 years. A tax lien can only remain on your report for seven years after it has been paid for. Other types of negative information can only remain on the report for as long as seven years from the date the information was first provided.

By law, you are also entitled to receive a free credit report once every 12 months from each of the three national credit reporting agencies, which are Experian, Equifax, and TransUnion.

The Credit Repair Organizations Act gives you certain rights when dealing with credit repair services. Credit repair firms are required to inform you of your rights and obligations before you can sign a contract with them. They are also prohibited from taking their fee from you before they provide you with their services. You are also given a five day waiting period after the contract signing in which you are allowed to get out of your contract at anytime without having to pay a fee.

Learn all about the Four Laws That Can Help You In The Credit Repair Process.

The pros and cons of online investigations. Fast easy and safe, reliable?

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Some of the information gathered is instant, however for more detailed reports, employers should expect a wait from anywhere between 1 and 7 days. Most of the major background search firms online understand the importance of adhering to the strict laws outlined in the Fair Credit Reporting Act. The Act prohibits certain information (i.e. bankruptcies over 10 years old, criminal charges without convictions, etc.) from being considered in the pre-employment process. It is important that employers utilize the services of a competent professional who understands the needs and legal obligations of the company.

Perform a search in any major search engine for the query “free background check”. You will certainly be overwhelmed with the search results and paid advertisements regarding offers for free background searches. If this is the first time you have attempted to perform a free background check, you may be in for a surprise.

Most investigative firms suggest that you outsource the background checks for your company. This generally means that free background checks do not provide the quality information that you need. Free background checks online do not always give the employer accurate or thorough information required by law. While it is true that most people are not trying to hide information from employers, it is those who have a background of avoiding legal action, whether it be child support obligations or criminal action, by moving from state-to-state or even in more extreme cases, falsifying their identities. Because of the easy access to information, it has made the job of ‘con-artists’ even easier. Often times, free backgrounds checks on the Internet are not enough to screen for potential red flags.

Other experts in the investigation field recommend using searches in public records if the search is not of the most sensitive nature or is not necessarily one that has to be completed immediately. Websites that claim the too-good-to-be true advertising that they offer completely free background checks, are not being completely honest. An accurate and thorough background investigation takes time, and lots of it. This is the reason that private investigators charge a fee. They have access to databases and other areas that retrieves information about the prospective employee. It is usually in the best interest of the employer to dish out the $25+ in order to: 1.) limit their time spent on endless searchesArticle Submission, 2.) to ensure accurate and thorough information and 3.) gain peace-of-mind that their decision to hire the applicant is a sound decision.

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Judge orders Black man to stay out of white neighborhood.

In Milwaukee, WI, a judge has ordered a black man to stay clear of a predominantly white 6 block area.

The area brewers hill, a 6 block square of real estate that sits right in the ghetto. The old run down houses are bought and restored by affluent residents of the near downtown business area.

The man who lives near by (everything in the area but the 6 block brewers hill is lower income) Has been reported to have stolen things from the area by residents of the area.

In the strange ruling, the judge ordered the man to stay clear of brewers hill as part of his sentence. If spotted in the area he will be sent to prison for 9 1/2 years.

How To Do A free Online Public Record Search

Public records are just that - public. That means they are available to anyone at any time. All you have to do is go to the the county courthouse and search the public records for the information you need.

But what if you don't have time to go to the courthouse? Or perhaps you live in another state and you can't get to the courthouse. This is where online public record searches come in!

Most states and counties across the nation now publish their public records online. This means that anyone with Internet access can find the information they need by simply doing a search of the public records via one of several websites that offer that service.

All you have to do is visit one of the records search sites and enter the information you're looking for. It could be a street address, phone number, marriage licenses, death certificates, criminal history...anything that's likely to be in the public records. There is usually a nominal charge for each search.

Here are a few resources for conducting a search of public records:

* US Search
* rapsheets.com
* Discreet Search

Drunk Vegas Lawyer causes mistrial part 2

Vegas lawyer, Joe Caramagno, causes mistrial after showing up to court drunk, part 2. A judge ordered a blood-alcohol test for a defense lawyer who was slurring his words, then declared a mistrial after declaring him too tipsy to argue a kidnapping case. Watch the judge loose her patience. TOO FUNNY! Part 3 coming soon!

Amazing list of licenses you need to start even a small business.

Here's a list of business licenses you need to start your business.

All starting businesses need one or more business licenses and tax ids before legally starting business operations. After reading this article you will know exactly what business licenses you need to start your business. First, all starting businesses need a business license. There are places that handle this for a fee online, one such place is.

There are a few businesses that are not required to have one but that's a small percentage compared to the percentage of businesses that need a business license to legally operate. The business license requirement applies to all businesses: Home-based businesses, online internet businesses, contractor's businesses, professional businesses and any other type of business. If you are a professional, such as a mechanic or hairdresser, you might need to apply for a professional license directly from the state. However, you will still need to obtain a business license in addition to your professional license. Depending on the location of your business, or the type of business, the business license is filed at the state, county or municipal level of government.

Second, you may need to register a DBA. If you using a business name that does not include your last name, you need to file a DBA (Doing Business As), also called a fictitious business name, an assumed business name, a trade business name, a trade firm name or a business name certificate.

Keep in mind that even if you use your last name as part of your business name, and the business name also includes a suffix such as "& Co," "& Sons," "& Associates" or anything that denotes additional business owners, you need to file a DBA. Incorporating or forming an LLC is like the registration of a DBA business name so long as the corporate or LLC name is identical to the name you are using to conduct business. So, if you incorporate or form an LLC, you don't need to register a DBA business name. However, even if you file a Corporation or LLC, and the corporation name or LLC name is different from the business name you will use to conduct business, you need to file a DBA. Here's a link to an inexpensive and professional DBA filing service: http://www.businessname.net .

Third, if you sell or lease taxable items or services, in most states, you are required to obtain a state sales tax id number (also called a seller's permit, wholesale license, retail license or resale permit).

The reason that the state wants you to have this tax id number is that, as a retailer, you will be collecting sales taxes, which you will need to later pay to the state. You will need a sales tax id number to buy wholesale, or if you are a wholesaler, you will need it to sell wholesale. For example, if you have a toy store, you will be able to buy wholesale without paying any taxes for the toys to the wholesaler and, subsequently, charging taxes to your customers when you sell the toys.

Fourth, if you will hire employees, you will need to obtain a federal employer tax identification number as well as a state employer tax identification number.

These tax id numbers are required if you are an employer. Employment taxes are paid both to the federal and to the state government. Note that a federal tax id is also you business id number - just like a social security is your personal id number. Even if you are not required to have it, it is a good idea to obtain one and use it to open a business checking account. Otherwise, you will need to use your social security number to open a business bank account. Here's a link to a company that can obtain any tax id number for your business: http://www.tax-id-number.info .

Finally, incorporate your business or form a Limited Liability Company (LLC) to avoid personal or civil liability.

You are not required to incorporate or form an LLC but it is recommended because a corporation or LLC is a separate "person" or legal entity and, thus, separates you from the business. Filing a DBA, does not protect your personal assets. However, if you incorporate or form an LLC, your debtors can only satisfy claims from your company's business assets not your personal assets such as your home or automobile.

You can hire a lawyer to file your business licenses, a less expensive legal service or you can do it yourself. After obtaining the required business licenses discussed above, and opening your business accounts, you can legally start business operations.

Obtain all required business licenses for your business so you can start making money!

Copyright (c) 2006 Elias Stassinos

All About Wrongful Death Cases and lawsuits.

Do you know anyone who has been hit by a reckless driver or a careless motorist, shot dead due to mistaken identity, killed due to medical malpractice, etc.? These are examples of wrongful death cases. Generally, these cases are caused by another person’s negligence, carelessness, malpractice or inaction. Even though the death is unintentional, it is still the responsibility of the defendant to provide just compensation for the survivors or victims of wrongful death cases.

Prior to a wrongful death incident, you can file wrongful death lawsuits if you are a relative of the wrongful death victims. Winning these civil lawsuits can recover payment for damages to the victims’ lives. The compensation may cover medical and funeral costs, lost wages including future earnings, lost benefits, lost inheritance, pain and suffering, mental anguish, loss of support or companionship, general damages, and punitive damages. However, the last compensation may not be awarded without additional evidence of malicious intent.

Simply, the immediate family members such as the parents, spouses and children of the deceased can file the wrongful death lawsuits on their loved ones' behalf because they are almost always eligible to file a claim. Minors may need an adult guardian to take a wrongful death lawsuit to court. Moreover, other family members including the stepparents, grandparents and dependents may also be permitted to file suit in some states.

If you realize you have a valid wrongful death claim, you must first consult one of the experienced wrongful death lawyers in your area. Doing so is very important because a wrongful death lawyer can help you gather evidence, understand the law, complete necessary paperwork, and build a convincing lawsuit against the defendant. In addition, to have an attorney can also help lessen the pain, stress and suffering you may be experiencing due to the incident.

The law states that there is a certain amount of time allotted that a person who has lost a loved one due to wrongful death has to initiate a lawsuit. Family members are usually allowed between one and three years from the time of death to file a claim. If they fail to do so, their claims may be shelved forever. Therefore, if you have lost a loved one because of wrongful death, speak to a personal injury attorney for details regarding the reliability of your case now. After all, your loved ones deserve justice for their untimely death and you too for your misery.

About the Author

For comments and questions about the article, you may visit http://www.mesrianilaw.com
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Medical Malpractice Cases Explained

Medical malpractice refers to the case where a doctor or medical practitioner caused harm or damage to a patient due to negligence. This area of the personal injury law can either happen in diagnosis, treatment or management of the disease or illness. It is more often the theme of newspaper columns and articles. The most common victims of this case are movie actors and actresses, TV personalities, and the like.

The topic on medical malpractice cases always grabs the attention of the public. However, on a deeper sense, we must know that this kind of personal injury is a serious and complex area of law. If you’ve been a victim of a medical malpractice, you may be entitled to proper compensation for all the damages that you’ve endured financially, physically, mentally and emotionally. However, to win a medical malpractice lawsuit is normally a very difficult task due to several factors.

First, the negligence of the doctor must cause damage or injury to the patient. Second, the lawsuit must establish that the harm was really caused by the physician’s acts. Third, a medical professional must confirm that the treating physician made a mistake in order to prove malpractice which is often an intricate and expensive task. Fourth, the legislations protecting doctors and hospitals make medical malpractice cases more complicated because they limit the amount of compensation that the victims can obtain from the lawsuit.

Furthermore, the statute of limitations that is usually set to two years on almost all state laws on personal injury also makes medical malpractice lawsuits harder to prove. This can only be broken by unusual circumstances affecting the case. Therefore, it is advisable for a malpractice victim to seek legal assistance from a personal injury lawyer as soon as he recovers from the incident. Gathering the necessary information and evidences is also important to a speedy preparation for a possible lawsuit.

Therefore, if you’ve been injured or you have a loved one who has died in a surgery or operation, look an experienced medical malpractice lawyer who can evaluate if you have a possible lawsuit and determine the right amount of compensation that you must have. You have to act immediately because you might lose your legal rights when you’ll wait too long before you start a criminal case. However, most victims usually don’t pursue such cases because they don’t work especially when the malpractice didn’t cause serious or permanent damages.

About the Author

This article by http://www.personalinjurylawyerinc.com">Personal Injury Lawyers was created for the sole purpose of propagating information that may be related to http://www.personalinjurylawyerinc.com">Car Accident and Personal Injury Lawyers Attorneys and Law Firms and other industries to which it may be of interest.

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AMAZINGLY REAL EXTRACTS FROM AMERICAN COURTROOMS

These jokes were taken from a funny place here.

"Do you recall the time that you examined the body?"
"The autopsy started around 8:30 p.m."
"And Mr. Dennington was dead at the time?"
"No, he was sitting on the table wondering why I was doing an autopsy."

* * *

"Was it you or your younger brother who was killed in the war?"

* * *

"Did he kill you?"

* * *

"Doctor, how many autopsies have you performed on dead people?"
"All my autopsies are performed on dead people."

* * *

"You were there until the time you left, is that true?"

* * *

"How many times have you committed suicide?"

* * *

"How was your first marriage terminated?"
"By death."
"And by whose death was it terminated?"

* * *

"Can you describe the individual?"
"He was about medium height and had a beard."
"Was this a male, or a female?"

* * *

"Were you present when your picture was taken?"

* * *

"How far apart were the vehicles at the time of the collision?"

Domestic abuse Violence: The Facts Behind the Myths

Domestic Violence is one of today's most common assault type crimes. It seems as if almost everyone either knows someone who was, or is a victim of domestic violence. Or, they either are, or were a victim themselves. There are a lot of myths associated with domestic violence that unfortunately are grossly misleading. In this article, I am going to address some of those myths and attempt to set the record straight. Who am I, and what qualifies me? Well, I am a former Police Officer of over 14 years, and I am the author of the book "Crime Awareness 101." Throughout my career as a Police Officer, I have dealt with a lot of domestic violence situations, and have seen first hand what this crime does to both its direct and indirect victims.

"Domestic Abusers are extremely violent people"

Though some domestic abusers are extremely violent people, they are actually the minority. Most of the domestic abusers we arrested never resisted or fought with us. Why? Because domestic abuse isn't about violence. It's about control. The abuser wants to control their victim, and this control is enforced through physical violence, but the underlining fact is control. This is why they will not fight with the police, because they know they will not gain the control. Another example is say the abuser is at work, and his superior (who may even be a woman) asks him to do something that he may not want to do. He doesn't beat the superior up because he doesn't have the control. Yet at home, behind closed doors, he wants and gains the control. This is a difficult concept for many to understand. To help explain this better, I have listed a few common control issues found in domestic abusers.

* Monitoring the victim's comings and goings in great detail.
* Isolating the victim from family or friends.
* Discouraging the victim from working, joining organizations, attending school, or leaving the house.
* Constantly accusing the victim of being unfaithful.
* Belittling or humiliating the victim.
* Controlling all finances and forcing the victim to account for what they spend in detail.
* Destroying personal property or sentimental items.
* Threatening to leave with the children or saying they will never see the children again.

As you can see domestic violence is a control issue. Actually the psychological damage done by this type of behavior is much greater then the actual physical abuse.

"Domestic Violence only happens to poor people."

Domestic Violence has no boundaries; it affects all levels of income. I had one case where the domestic abuser was an educated male who made a six figure income. His victim (former live in girlfriend) was an educated female who made a nice income herself. They both had good jobs, and lived in an expensive condo. Well, he had beaten her so badly that she was hospitalized with a closed head injury. Talking with her later, she stated that she could not believe she found herself in this situation. She stated that her abuser was a white collar worker who actually appeared on the outside to be a harmless geek. In fact, her friends couldn't believe he was capable of this. A few days later, we were called back to the residence to stand by as peace officers while the woman packed up her stuff and moved out. During the time that we were there, I noticed how she couldn't stop trembling. She was so afraid that her abuser would come back, and attack her while she was there. This was in spite the fact that two Police Officers were with her the whole time (remember this was many days later). What is sad this was not the first time she was abused, but hopefully with her leaving, it will be the last. In case you're curious... yes, he was arrested.

"Alcohol drug abuse, stress, and mental illness cause domestic violence"

This is not true, but is commonly used as an excuse from abusers who try to pardon their actions, and unfortunately their victims buy into this. Alcohol use, drug use, and stress do not cause domestic violence; they may go along with domestic violence, but they do not cause the violence itself.

"Domestic Violence is a personal problem between a husband and wife"

Domestic violence goes way beyond just the two immediate people involved. Look into a child's face that sees this violence everyday. Then go visit that child about 10 to 15 years later and see what they have become. If they are male, they will most likely become domestic abusers themselves. If they are female they will most likely become domestic victims themselves. Why? Learned behavior; this was their environment growing up, and to them, this is just acceptable behavior that people do. It takes a very strong person to come out of that type of environment and not have it become part of their adult lives. A child who lives with domestic violence will never forget it.

"If it were that bad, she would just leave."

Leaving a domestic violence situation is not so easy. Many times children are involved and the victim may not have any financial means of supporting themselves. Not only that, but they may fear that they will be killed if they leave. As strange as it may sound, some have a real psychological bond with their abuser, and just won't leave. I have had many instances where we arrested an abuser and the next morning his victim is begging us to release him and recanting her story. This is one of the reasons why the law has changed in many states. Now it is the state, not the victim, who prosecutes the domestic abuser.

"I can change him."

This thought is the worst. For anyone who thinks this, read the following carefully: NO YOU CAN'T! I have heard this so many times, all from victims who are beaten time and time again. Domestic violence is way too complex for any one person to handle, or fix. You have to either escape it, or have some sort of professional intervention. I would highly recommend escaping it. I have yet to see anyone who has stated this, ever change their abuser.

In closing I want to make one point clear. Even though in this article I referred to males as being the abusers, females can be abusers also; it is just not as common. In my book "Crime Awareness 101" I go much deeper into domestic violence. I address the law, the cycle of violence, and some domestic violence traits to look out for early on which should raise a red flag. I also list numerous resources of agencies that are devoted to helping victims of domestic violence.


About Scott: Scott Shaper is a former Police Officer of over 14 years. He is also the author of the book "Crime Awareness 101". For more information about his book, or to read more articles he has written please go to crimeawareness101.com.

Daily news and entertainment ledger: Homeless man builds Internet empire from public library.

Daily news and entertainment ledger: Homeless man builds Internet empire from public library.

FACTS ON WORKER’S COMPENSATION COVERAGE

Most people work not because they like the job but because of the compensation that goes with the job. The amount of compensation is also covered by state laws. Individual states have its own worker’s compensation laws that handle various claims from employees who are either harass or injured in their jobs. The law calls for a strict liability in terms of the fault as well as the negligence committed by the employers to be established before a claim for benefits can be brought out in court. Likewise, the law also stipulates that the injury or illness has to be acquired during the time of employment, such is required in order for the worker’s compensation system to give benefits to the injured worker. And since there is a stipulation on the worker’s compensation law that provides strict liability on employers fault and negligence then there would be a legal remedy for the sustained injuries or illness of any employee in time of his or her employment.

In addition, the state law also requires that each employee be provided with a worker’s compensation insurance however there are also exemptions and these include small companies especially those with three/four/five employees, domestic workers, farm helpers as well as independent contractors. The worker’s compensation coverage is absolutely shouldered by the employer. The compensation coverage is an additional benefit provided by employers in accordance to the state law and therefore is not deductible from the compensation of their employees. The worker’s compensation coverage provides benefits for job related accidents as well as other injuries pertaining to industrial exposures. The requirement for benefit remains to be the same and that is for injuries to be acquired during the time of employment or as a result of the job being performed by an employee.

Another stipulation included in the worker’s compensation system pertains to benefits that would be provided especially for workers or employees that is suffering from a direct and long term effects of occupational industrial exposures. Some of the industrial exposures that can brought about injuries are exposures to toxic substances that often times render long term effect on the health of workers. Even some of the common substances used in office like latex as well as other chemicals as long as it has a bad effect on the health of the employees these may also be used as basis for applying for benefits under the worker’s compensation coverage. Stress disorders caused by an unhealthy working environment are also an acceptable reason to apply for benefits under the worker’s compensation.

There are three benefits that workers and employees may file for under the worker’s compensation coverage and these are as follows: a) Medical Expense, b) Disability Pay and c) Vocational Rehabilitation.

The Medical Expense covers the hospitalization cost including the doctor’s fee as well as other needed medical treatments. The Disability Pay on the other hand, refers to the income benefits provided for employees and workers who are experiencing temporary disability. However, there are also some cases wherein temporary disability becomes permanent disability still the employee or worker will be provided with an income benefit. The Vocational Rehabilitation is a benefit provided for employees that are unable to perform their usual duties in their occupation and therefore would require them to do some re-training for new trade or business. The physical therapy requirement of an employee or worker is also included in the Vocational Rehabilitation.

For comments and suggestions about the article kindly visit Here Employment Attorney Services

DUI Law Information

If you’ve been pulled over and accused of a drunk driving offense, or more commonly referred to as a DUI or DWI, then you probably have a lot of questions. You are probably scared, confused, and a little angry if you didn’t feel you deserved it.

Regardless of the circumstances surrounding your incident you need to take immediate action to protect yourself, your freedom, and most importantly your driver’s license. You should consult with an attorney who specializes in DUI defense immediately. If you cannot afford to retain an attorney then consider meeting with one during a free consultation to get as much free help as possible. Here are some things you should consider:

1. Contact DMV and request a hearing within the specified amount of time (usually between 7-10 days depending on the state) to try and save your drivers license.

2. The time limit is calculated from the issue date of the temporary driver license or order of revocation which is usually the day of your arrest.

3. If you are out of state, or hold an out of state license that state's DMV will still take action against your license.

4. This temporary driver license (paper one the cop gave you) is valid for only a few days from the issue date unless you request a DMV hearing. If your DMV hearing is requested the motor vehicles will "stay"" your suspension and your temporary license will be extended until the hearing is complete.

5. Don't get the DMV hearing and the court appearance confused. The outcome of one almost never affects the outcome of the other.

In the DMV hearing, the hearing officer will decide on certain issues like whether the police officer had a legal reason to stop you; whether the police officer had a legal reason to arrest you; and whether or not the blood, breath, or urine result/test is reliable enough to suspend your license. This type of hearing is considered administrative and not criminal so if you expect to be represented you will need your own lawyer.

The DUI Information Association, at www.duiprocess.com

Why you really need an accident attorney.

The following article was written for Resources For Attorneys.com by David Hallstrom, a private investigator, he is not now nor has he ever been an attorney.

You have been in a accident, automobile, slip and fall, workplace, etc.. Should you see or speak with an attorney?

As far as I am concerned, the answer is always yes.

When should you consult with an accident attorney? You should seek the advise of an accident attorney as soon as possible after the accident. Do not wait. You could be giving up certain rights. You should definetly speak with an attorney before speaking with the other sides insurance agent, adjuster or attorney.

You say that you can not afford an attorney. Most accident attorneys will consult with you for free and, if they take your case, will handle it on a contingency basis, not taking any fee untill the case is settled. Most settlements are increased to cover the cost of the attorney and therefore normally the attorney costs you nothing. Many attorneys will also advance all court costs for you if they are forced to file suit.

You say that you were injured, however, the insurance company has offered to pay your medical bills and you do not feel it is right to take advantage of them by asking for additional money for your, pain, suffering, lost work, etc.. Don't you feel that you as a person are worth something? Do you think so little of yourself that you feel that your pain, suffering, inconvience, etc. is worthless. You did not cause this accident. What you are going through was caused by someone else. You deserve to be compensated. The insurance company, as a matter of good business, has already built these types of costs into the premiums that they charge their customers. If the money does not go to you it will probably go to their shareholders or to increased salaries or ?. Why shouldn't you be properly compensated. Remember most good attorneys are ethical and although they will attempt to obtain as much money for you as is due, they will not take your case unless they feel that it is proper.

You say someone else admitted liability and said that their insurance will pay all your damages. That's great, however, what if the person changes his or her story later on and says that you were at fault. Or what if the other side's insurance company refuses to pay what you think is proper. In fact, how do you know what is proper? Remember, an insurance company may pay claims, but it is in business to make money. It normally will not offer one dollar more than it has to and if you are not represented by an attorney the insurance company adjuster or attorney may feel that he or she can "get away" with paying much less than the claim may be worth. Additionally, what people state at the time of an accident is not always what they state after having spoken with a friend, insurance agent or attorney. Finally, an insurance adjuster or insurance attorney works for the insurance company, not for you. How do you know that what they are telling you is correct or true. Remember, in most instances, they are there to try and save the company money. You need an attorney on your side to tell you what your rights and obligations are.

You say that you were not hurt that bad or at all. How do you know how badly you were hurt. Some injuries do not show up for months. Other injuries may aggrivate a prior problem. Even if you have been found to be "ok" by a doctor, how do you know that a problem will not come up later. If you have insurance and did go to a doctor, who is going to pay your co-pay or deductible. If you do not have health insurance, who is going to pay for your examination which should include xrays, etc.. If you retain an attorney he or she can probably refer you to a doctor who will accept a lien against the insurance settlement, thereby saving you from paying money out of your pocket.

You say you have accident insurance, why not let them handle everthing for you. Your insurance company is there to defend any claims against you not to represent you in any claims against other parties. Additionally, they also are in business to make money. How do you know if they are trying to settle a case to help you or to save themselves money.

The foregoing article was written by the author based on experiences he has had as a private investigator representing both accident attorneys and insurance companies. This article is not stated as a legal opinion or as fact but instead is stated as opinion of the author.

Permission is given to reprint this article providing credit is given to the author, David G. Hallstrom, and a link is listed to Resources For Attorneys the owner of this article. Anyone or any company reprinting this article without giving proper credit and the correct link, is doing so without permission and will be subject to legal action.

About the Author

Licensed private investigator for over thirty years, President of Resources For Attorneys. The detective agency represents over 1900 attorneys and the author has given several hundred seminars to attorney groups regarding private investigations, process serving, how to set up and operate a private law practice, etc..

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Criminal Law Overview

Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand, involve individuals and organizations seeking to resolve legal disputes. In a criminal case the state, through a prosecutor, initiates the suit, while in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated. A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common law crimes, most crimes in the United States are established by local, state, and federal governments. Criminal laws vary significantly from state to state. There is, however, a Model Penal Code (MPC) which serves as a good starting place to gain an understanding of the basic structure of criminal liability.

Crimes include both felonies (more serious offenses -- like murder or rape) and misdemeanors (less serious offenses -- like petty theft or jaywalking). Felonies are usually crimes punishable by imprisonment of a year or more, while misdemeanors are crimes punishable by less than a year. However, no act is a crime if it has not been previously established as such either by statute or common law. Recently, the list of Federal crimes, dealing with activities extending beyond state boundaries or having special impact on federal operations, has grown. See Title 18.

All statutes describing criminal behavior can be broken down into their various elements. Most crimes (with the exception of strict-liability crimes) consist of two elements: an act, or "actus reus," and a mental state, or "mens rea." Prosecutors have to prove each and every element of the crime to yield a conviction. Furthermore, the prosecutor must persuade the jury or judge "beyond a reasonable doubt" of every fact necessary to constitute the crime charged. In civil cases, the plaintiff needs to show a defendant is liable only by a "preponderance of the evidence," or more than 50%.

Claiming Sexual Harassment

If you are abiding by your stout decision to pursue a sexual harassment case against the person who have violated your rights by forcing his sexual interests on you, then it is but just. However, you might have exhausted all possibilities in dealing with the sexual harassment you felt at work. Let’s say you have already done things by yourself, by confronting him, or you already have tried asking help in your workplace.

If these informal methods have made no serious impact on your attacker, then it’s about time to launch formal approaches that does not only deal with personal honor or company rules and regulations.

Consider filing a Title IX complaint with the Office for Civil Rights at the U.S. Department of Education. You can go directly to the Department of Education in Washington so that you could get more information about this area of the law. For a little bird’s eye view, however, Title IX covers all students and employees in institutions where there is federal aid or assistance, including financial aid going to the institution. In filing such complaint, you need not bother with an attorney. Still, you can file a Title IX lawsuit later if you desire to do so.

Investigations and findings may take a while, though you could speed up the process by asking your 2 Senators and Representative to write the Secretary of Education. Request that you be kept posted with the progress and results of the investigations.

Another thing you could do is file a Title VII complaint with your local office of the Equal Employment Opportunity (EEO). You could also file with the agency in your state that handles fair employment practices. Title VII only covers employees including student employees. The State Attorney General’s office might be able to find the right department for you since the state and federal commissions work closely together. An attorney is also not needed, but if you want to go into court to file a lawsuit, ask the permission from the EEOC.

Aside from lawsuits files under Title IX and Title VII we have given you as options for launching formal complaints against your harasser, you could also file a civil lawsuit under state law. One of the areas that can be covered for your case is “intentional infliction of harm”.

In many states, sexual assault or abuse may be characterized by unwanted touching one’s private parts like your breasts or genitals. Every state imposed the illegalities of sexual assault and attempted sexual assault. If you believe that your harasser has sexually assaulted you or at least attempted to, report your allegations to the police. Bring a friend who will support you in reporting these allegations.

As in every case, one has to take action as soon as the assaults or harassments took place.

In decidedly pursuing your sexual harassment/sexual assault claims, prepare yourself too in the psychological and emotional strain you might encounter along the way. Nevertheless, be brave! -30-

About the Author

For additional information and comments about the article you may log on to http://www.personalinjurydefenders.com

Car Wreck Lawyer Says: Get Help

In holding a driver’s license, a person is agreeing to be a good driver: not reckless and not negligent. However we know that others are often not as careful as we could hope. Other times, an accident can be caused by vehicle malfunction, bad driving conditions or road layout. If you have been in a car accident and wish to pursue your case in court, you as the plaintiff will need to show the court that the defendant caused the wreck through failing to follow driving law and that this breach of duty caused the injury that you the plaintiff sustained in the accident.

In court, you can file suit against the other driver for various reasons. If the accident left you disfigured or scarred or injured, the defendant must pay for your medical expenses as well as those that a doctor feels will arise in the future and you could also be compensated for the emotional suffering caused by injuries. If you are injured and should you win the suit, you should be compensated for permanent disability, pain, emotional anxiety, medical expenses and surveillance, lost wages, lost work or earning capacity, loss of consortium or society, and household services you can’t take care of while you are injured.

If the defendant driver was not just negligent but reckless, then they may have to pay more. Reckless driving includes speeding, excessive lane changing, not signaling intent to change lanes, changing lanes when there is no safe way to move, passing on an emergency lane or the shoulder, and drunk driving. Drunk driving cases are especially horrifying. An accident lawyer will tell you if you should file suit not just against the drunk driver but also the server or business that gave the driver so much alcohol.

There are special cases which are caused by a defect in the car of a driver. If a defective product caused the accident, then the manufacturer is responsible for the negligence.
GA

If you have more questions, contact a http://www.hugesettlements.com/articles/Carter_and_Tate_PC.htm" target=_new>car accident lawyer or read http://www.hugesettlements.com/articles/auto-accident-lawyer.htm" target=_new>car accident news at http://www.hugesettlements.com/" target=_new>http://www.hugesettlements.com

Is It Legal? Part 2

Think about this: The people who post the pictures/profiles on any site are making an "allegation" -- nothing more. Many of them aren't offering evidence that is irrefutable and verifiable other than their account. With sites that do, they make sure they have evidence. But what are the reasons for doing this? Is it a warning, catharsis, revenge or a credible threat? That's something the poster needs to ask themselves before they get into a very sticky legal situation.

In an article on FindLaw, writer Anita Ramasastry brought up some current cases involving exposure sites, digital information and their interesting findings. One case stated that the First Amendment does not protect all personally identifiable information in every context, even those published online. In a 6-5 decision (close), in Planned Parenthood of the Columbia/Willamette, Inc., et al., v. American Coalition of Life Activists, et al. an en banc panel of the United States Court of Appeals for the Ninth Circuit upheld an injunction against a web site that did publish personal information of abortion doctors.

This particular case involved a website called the "Nuremberg Files." It published the addresses, photographs, addresses and other personal information of physicians and others who either provided or supported abortion services. The website also had strike throughs on the names of those who had been murdered and grayed out the names of those who had been wounded. The majority in this close decision held that the "pattern" in which the posters appeared -- coupled with the fact that other abortion providers had been killed -- transformed the posters into something of a symbolic threat. As such, the information was not protected by the First Amendment.

The owner of Manhaters.com says this about her site:

"The Terms of Agreement and Privacy Policy are currently being re-revised and there are some terms that a woman needs to agree to before she can add a man to the database. All this basically comes down to two issues - Freedom of Speech and the First Amendment and the issue of a private person's right to privacy. However, in a sense, aren't search engines such as Google merely large databases of information which also include personally identifying information of millions of humans?! If Google can do it, why shouldn't smaller websites such as mine be able to do it without legal reprecussions?"

Okay, we have people who are exposing the misdeeds of others in a cyberspace court of public opinion. Of course this pisses off the cheaters because they want a higher threshold standard of guilt/proof or because they disagree with the concept of outting anyone publicly for what they feel should be a private matter. However, here's my personal look at another beneficial perspective of the people making these claims.

If someone posted my picture/profile in a database and I learned of it but it wasn't true, then I probably wouldn't waste my time even rebutting it. Why? Because if I'm innocent, then the burden is not on me to prove such, at least not under American jurisprudence -- legal or moral. And I don't use and abuse people online or off - so I am not afraid of scrutiny. In short - its a catharsis the victims won't get anywhere else. What are the victims of these men and women to do with their anger, pain and hurt? Suck it up and allow the abuser to move on to another victim? Tell or not tell his spouse, partner or family? Stew in their feelings?

Manhaters.com owner says:

"It is better than going out and slashing his tires. It makes them feel good and gives them a way to express their bitterness and hate."

In light of precedents like these, it's extremely likely that any law that simply tried to ban cheating men/women sites, information aggregators like Zabasearch or "digital dossiers," would be struck down as contrary to the First Amendment. Could a more narrowly written law constitutionally restrict such sites and dossiers be on the books soon? Some feel yes, such a law would be desirable. Some feel no, the internet should not be restricted in such a manner as long as it does not pose a threat, symbolic or otherwise, to the persons posted as long as the information is true and proveable.

Perhaps if you are a guilty party, rather than trying to cut down the person(s) exposing you it would be better to call a qualified internet addiction counselor to stop your abusing ways. You would be doing everyone, including yourself, a favor. Then, see what you can do to get the posting removed without a counterattack. Just talking to the person(s) you suspect posted it and working on the friendship honestly seems better than a Judge Judy or Jerry Springer hate-fest.

Ramasastry says in her article "... legislators should consider regulating how densely information can be collected online - regulating, that is, how thick our digital dossiers really can be. Doubtless, any attempt to do this will raise First Amendment objections. But this is one issue where privacy and the First Amendment truly clash - and the First Amendment cannot win every time."

And to the victims of these cheaters, liars, internet predators and abusers, remember: NOTHING beats sunshine and fresh air to disinfect abuse! Tell, but do not do it to endanger the person you are angry at or their families in the process. The laws are still being worked out. These sorts of internet exposures won't go away. Think of the National Enquirer and Globe articles that have caused ugly lawsuits. Write your representatives and tell them your concerns or feelings about internet privacy. And if you have been cheated on? Vent but exercise caution in posting anyone's personal information.

DISCLAIMER: I am not a lawyer and this article is my personal opinion. It should not be construed as legal advice, in part or in whole, in way, shape or form.


About the Author:

Fighter runs the website "EXPOSING ONLINE PREDATORS & CYBERPATHS" (http://cyberpaths.blogspot.com) This site focuses on online predators who prey on other ADULTS and includes articles, opinion and exposes on predators in an effort to educate the online community.

Is It Legal? Part 1

Here's the question - is it LEGAL to expose a cheater or abuser online? I remind you that this piece contains my personal OPINION only and was written for the purpose of consideration and discussion.

In short, it appears the current answer is YES. But this could change in the very near future.

Most of these type of sites have rules for exposing the people listed. The current interpretation seems to say if you have proof to back up what you say, and it is truthful, it is not libel or slander. But remember, laws can be changed with enough pressure.

Dontdatehimgirl.com recently had a group attempt to launch a lawsuit against them. Guess what happened? Other than whining & moaning about how the cheaters and their families were harmed? Not much. The cheaters website was looking for advertisers and money to help support their "cause." These sites have very specific terms of use - honesty is a must and the onus is on the poster. Site owners and posters believe the men are angry merely because they have been caught and exposed.

I was asked if most of these abusers and cheaters feel ashamed, sorry or sad about what they have done. My answer: "Not that I have seen!! In fact, they usually become indignant, angry and lash out at the person(s) that exposed the truth about them. They only "feel sorry" to try to rope the victim into saying nothing about them and to stop the tide of truth from exposing all the rest of their evil deeds." Sad? Yes. Sad they got caught. Some of them do clean up their act for a few weeks, months or even years - but usually go RIGHT BACK to it and are sneakier next time.

If you consider that many of these people fall into a destructive narcissistic pattern you will find many of them will go to therapy or even make long confessions to their partners. Once they find themselves "CURED" (I use that term loosely because deep down they justify and see NOTHING wrong with their behaviors) they will, step by step, go right back to their predatory ways, either online or off. Being an online cheater is an addiction and takes a lot of honesty and giving up personal time to break an addiction or not trade it for something equally addicting and destructive.

The worst part is cheaters and abusers usually accuse their wounded targets of harrassing and stalking both they and/or their partners. This is nothing more than a pre-emptive strike. It common for internet predators, abusers and cheaters to enlist their local police in harrassing their victims by showing the police carefully selected instant messages and emails to support their claims to cut down the once "beloved' target." This move sometimes makes their victims back down but usually the retributive attack can't be backed up.

CAUTION, the law regarding internet communications is still new so ask yourself: are you exposing them to be mean or get revenge? Or are you doing it to warn others and possibly stop the cyberpath from destroying themselves and their families? Are you being vindictive or shedding real light on the situation? Your stories may help some potential victim see the patterns of behavior displayed by these people and avoid a lot of heartache. They may be cathartic as well. As it stands, these communications are considered like any internet bulletin board posting as long as it doesn't contain information someone could use for identity theft. The site owners say it is all a matter of opinion.

In many cases, the cheater's spouse, therapist or partner may stand up for the cheater/abuser. The predators "seem" so contrite. They are told NEVER speak to their victim(s) again. Is that right? Maybe not. It doesn't offer an outlet for the cathartic anger and venting these exposure sites allow. It doesn't allow for healing on either side. It shows no empathy towards the victim.

Counselors for internet addiction say the cheaters should come clean with their partner AND all their victims. They also suggest reframing the relationship into something more productive and honest for both people. Cutting off the victim is cruel and allows the abuser to bend their stories without reproach, launch a smear campaign against their victims, run away from responsibility and lie to everyone even more... including themselves. 12-Step addicts know you must make direct amends. Of course, some hide behind the step that says "unless to do so would cause more harm." In this case the cheater convinces themselves it would harm their victim more. Baloney! The truth is not only a great leveler but a great healer. In fact, new programs for restorative justice bring some prison inmates together with their victims and has been proven to be very healing for everyone. Think about it: if you internet predators, cheaters and abusers truly want to mend your ways then trying to erase what you did online by creating new identities and blocking victims isn't the solution, is it?

Now back to the lawsuit mentioned above. Dontdatehimgirl.com says:

"Most of them say that the [person] who posted [the profile] is crazy, that something is wrong with [the poster], that they're saints."

Domestic Violence advocates say this is classic and typical abuser-speak. It's never the cheater or abuser, it's always the person who found them out! A no-good-deed-goes-unpunished moment. Unlike the public posting of the locations of known, convicted sex-offenders, this does seem to be more problematic in terms of fairness.

The owner of manhaters.com sheds more light on the process:

"I didn't want to ruin someone's life. So, they have the option to pay and have it deleted. But, I can't control if you are player and a bunch of women post things about you. That is just a karma thing."

She said she gets about four removal requests a day.

In one recent case, City of Kirkland v. Sheehan, Bill Sheehan, a man in Washington State says he put up a website in an effort to make the police more publicly accountable. He published information about local police officers from the City of Kirkland and other municipalities in Washington including their names, addresses, dates of birth, phone numbers, spouses' names and more. The police officers claimed this required them to enhance their personal and job security measures as well as expend funds in response to the listings. The case also alleges the site caused stress to both them and their families. This allegation is similar to the one made by the group attempting to shut down the cheating man site.

The ruling on the case held that the First Amendment protected the site: "[I]n the absence of a credible specific threat of harm, the publication of lawfully obtained addresses and telephone numbers, while certainly unwelcome to those who had desired a greater degree of anonymity, is traditionally viewed as having the ability to promote political speech. Publication may arguably expose wrongdoers and/or facilitate peaceful picketing of homes or worksites and render other communication possible."

As for the cheating man site? A former U.S. attorney Scott Christie was quoted in the New Jersey Star Ledger,

"Yes, it's all legal. If I were the owners of this site, I wouldn't be concerned. They're providing an outlet for people to express their opinion. It's much like hosting a bulletin board for people with a common interest,. People are giving their opinion about other people -- they're entitled to it under the First Amendment."

And this from Canada.com:

According to a privacy lawyer from Halifax, (snip)
"If the person's reputation is in Canada, and they are in Canada, and likely the person who posted the information is in Canada, there's more than enough connection for Canadian defamation law to apply," says David T.S. Fraser, chair of the privacy practice group at McInnes Cooper. But he hastens to add the statements aren't considered defamatory if they're true.

"If you're a slug," says Mr. Fraser, "it's only appropriate people know you're a slug."


About the Author:

Fighter runs the website "EXPOSING ONLINE PREDATORS & CYBERPATHS" (http://cyberpaths.blogspot.com) This site focuses on online predators who prey on other ADULTS and includes articles, opinion and exposes on predators in an effort to educate the online community

Legal Terms – A Quick Guide

Legal issues and problems are stressful, complex and inevitable. If you get wrapped up in legal issues, it sometimes helps to understand the lingo being bandied about.

Legal Terms

Contract: An agreement between two or more parties in which each party agrees to provide something in exchange for the other party doing the same. Typically, one party provides money while the other provides a service or product. Contracts can be oral or written, but oral contracts are difficult to enforce.

Copyright: The legal right attached to literary, musical, dramatic or artistic works. Copyright automatically attaches to the piece in favor of the creator of it. To sue for copyright infringement, the creator must file for an official copyright from the Library of Congress.

Intellectual Property: A product or idea that has tangible commercial value. Examples of intellectual property include copyrighted works such as books, patented items such as a product design and a trademarked item for a brand. The word “Amazon” is not considered intellectual property. When applied to the Internet, however, the word is intellectual property as it refers to a brand for an online bookstore.

Non-Compete Agreement: An agreement whereby one party, typically an employee, agrees not to use information learned during employment in subsequent business efforts for a set period of time. In some states, non-compete agreements are extremely difficult to enforce. An example of a non-compete agreement dispute is the current litigation between Microsoft and Google over Kai-Fu Lee.

Non-Disclosure Agreement: A contract binding one party to a duty of confidentiality in regard to certain information provided by another. An NDA typically is executed where one party wished to discuss a business venture with another and the discussion necessarily requires the disclosure of sensitive information.

Trademark: A name, label or symbol identifying a product or web site. Trademarks are filed with the Patent and Trademark Office and restricted to a class of products or services. “Amazon” is a trademarked term for Internet services, but not for general references such as ecological discussions.

Obviously, this is a relatively short list of legal terms. If your issue is not mentioned, you can search on the net to find an answer.


About the Author:

Richard A. Chapo is a San Diego business lawyer with http://www.sandiegobusinesslawfirm.com - providing legal services and legal advice to businesses in San Diego, California.

Lawyer Advice - How To Find And Seek Legal Advice From A Lawyer

With the explosion of the internet, finding the lawyer that you need for your case just seem to be the next natural thing to do since the internet is the leading source of information. Not only that, the Internet also provides the necessary information that you need about the lawyers to engage the right person to take on the case. By doing a search in the search engine, you will get listing of lawyers in which you can narrow down your searches to those in your area.

As the legal system is a complex system, it is better to find a lawyer to represent you even though you can be spending a lot of money to seek legal advice from a lawyer. In fact, it may actually turn up to be a good investment that can save you a lot of time, money and effort.

As every lawyer specializes in different field of the law, it is very important to find the right lawyer who has the expertise and experience to efficiently represent a client in regards to the legal problem. This is especially important when you need good legal advice to protect your financial interests, comply with government rules and regulation for your business or keeping your properties from fraudulent individuals.

Thus, if you really need legal advice from a lawyer, you should approach the lawyer early as they would need time to prepare and analyze your case. You will find that things will be much clearer to you after talking to the lawyer and you will have a better perspective of the situation. You would also have a better idea of the decision that you may undertook and the kind of consequences that came along if you took that course of action.

When engaging a lawyer, do also consider the various factors that determine your lawyer's fee as you wouldn't want to have a leave a 'dent' in your bank account. Some of the common factors that affect lawyer's fees would include advice, outcome, overhead, experience, time and effort, difficulty of case, prominence of lawyer, geographical location.

Communicate with the lawyer and agree upon the type of payment that suits your paying capabilities before you commence with any legal proceedings. By doing so, will ensure that you will have a smooth relationship with your lawyer towards the success of your case.


About the Author:

Justin Koh is a freelance writer whose articles have appear in most major ezines. You can find his latest lawyers news and articles at http://www.lawyerscenter.info

Discrimination And The Law, How not to.

Without going into the merits of ability or legal rights and rendering unequal treatment to a person is known as discrimination. In the US, state and federal laws forbid discrimination in rates of payment, employment, promotion rights, opportunities in education, civil rights and facility usage on the basis of nationality, race, colour, creed, sex, age and sexual orientation. Protesting against discrimination or seeking enforcement of rights of equal treatment is provided in various state and federal laws.

Not all discrimination is illegal. There is legal discrimination too. When a person is given different treatment based on the membership of their class it is an illegal discrimination because being part of a race, national origin or age, colour, family status, or gender cannot be controlled or changed by an individual.

Whereas an individual can control his or her behaviour in respect of a credit record, being a law-abiding tenant, accumulating wealth or having a secure job. A discrimination based on the above is perfectly legal.

The law on discrimination is very complex to understand because there is always exceptions and variations of being a group, whereas the rules are applicable in general context. If a person falls sick due to excessive smoking, which leads to a disability, then that person cannot fight against disability discrimination. Similarly certain characteristic of a group can be changed - for example a change in family status or a change of religion.

It is very difficult to prove illegal discrimination. Treatment shown to one person should be proved as different from the general treatment given for the same cause.

Many landlords come out with excuses for the special or not so special treatment to get away from illegal discrimination. If the new owner is of different color from the existing tenant and the landlord is showing payment history as cause for eviction, then it is very difficult to prove illegal discrimination even though the cause shown is different from the hidden cause for the eviction.

Similarly according to California's fair housing laws, a tenant cannot be discriminated simply because he or she is availing child support or public assistance.

A disabled person cannot be discriminated against by not providing ramps, handrails, or illuminated doorbells etc. This is a case of clear discrimination based on the disability and the law of the land is very much in favour of the disabled community. These provisions should be made available either by the landlord or if not already available, the tenant should be permitted to include these provisions at their own cost.


About the Author:

Anastasia Phocas is a proud contributing author. Find more articles here. For more info visit Lawsuit Resource or Discrimination.

A New Way to Divorce, Collaboratively

A New Way to Divorce, CollaborativelyRaleigh, NC- The largest divorce firm on the East Coast, Rosen Law Firm, says more and more of its clients are resorting to collaborative divorce. Collaborative divorce made its way to North Carolina in 2003 and has been gaining popularity ever since. As of 2004 there were 35 states that offered collaborative divorce, a process created over a decade ago by Stuart G. Webb, a Minnesota family attorney.“Collaborative divorce really gives people control over their destiny”, says Lee Rosen, president of Rosen Law Firm and divorce attorney for twenty years. “This approach encourages a more peaceful resolution to marital conflict where people maintain very amicable relationships throughout the process and the threat of court isn’t there”. Collaborative divorce is different from dispute resolution, mediation, or arbitration. When a collaborative divorce takes place a set of voluntary ground rules are agreed upon. The central idea is that the parties hire lawyers who agree in advance not to take the case to trial.In a collaborative divorce procedure, if a case cannot be settled and the parties decide to litigate, both must hire new attorneys, as outlined by the collaborative divorce rules. Also, both parties’ lawyers must be trained in collaborative divorce law for the process to work. “We are so committed to this cooperative approach that we’ve not only trained every one of our attorneys in collaborative divorce law, we’ve also provided free training to attorneys in several other firms”, says Rosen.Like mediation and arbitration, collaborative law attempts to maintain a civil relationship throughout the negotiation process, as well as after an agreement is reached. If either party becomes stuck on a particular issue, a mediator may be consulted to help with the collaborative process. With offices in Raleigh, Charlotte, and now Chapel Hill/Durham, Rosen Law Firm is the largest divorce firm on the East Coast. Founded in 1990, the firm is dedicated to providing individual growth and support to couples seeking divorce by helping them move forward with their lives. Our staff of attorneys, accountants, and specially trained divorce coaches expertly address the complex issues of ending a marriage. Our innovative approach acknowledges that divorce is so much more than just a legal matter. Practice areas include child custody, alimony, property distribution, separation agreements, and domestic violence relief. For more information on Rosen Law Firm, or for an interview, please contact: Alison Kramer, Director of Public Relations, Office: 919-256-1542, Cell: 919-523-7104, akramer@rosen.com, www.rosen.com*** About the Author None

A new lawsuit is filed every 3 seconds in america, Protect Yourself.

It's true. According to a recent survey, one out of every 2Americans will need a lawyer's advice in the next twelve months.Most of these people will try to handle it on their own, becausethey think they can't afford a lawyer. But, if you needed anoperation, would you do it yourself because you couldn't afforda surgeon? Of course not. You're not qualified, and you know it.That's why people are so desperate to find affordable healthinsurance.The law is just as complex as surgery, and just as dangerous.When you go into court, it isn't about right and wrong, it'sabout winning, and your opponent knows it.If they have a lawyer, that lawyer will do everything legallypossible to win for his/her client. Are you willing to riskyour financial health? Your home, car and all your possessionsplus your future paychecks? Of course not. But lawyers areexpensive, good ones can cost hundreds of dollars an hour.You just can't afford one for every little problem, can you?Yes, you can, with a legal protection plan.Very much like health insurance, a legal protection plan offersyou a court room HMO--protection from devastating legal fees,phone consultations, document review and standard will preparationby providing attorney services at an affordable monthly rate.This group rate gives you the same protection at a fractionof what you might spend on your own, provided by a networkof skilled and experienced attorneys-at-law, not studentsor junior associates fresh out of school.It's just begun to catch on in America, but it's a provencommodity in Europe, where some 40% of the population hassome type of protection. In fact, Germany boasts fewerlawsuits than almost any country in the world. Why? Partlybecause some 80% of Germans have a legal protection plan!Where there's easy access to good legal advice, people tendto settle their problems without going to court. You, too,can have that peace of mind, because you'll know your rightswill be protected, whether it's an unfulfilled contract, adefective product, an unfair traffic ticket, an incorrectcredit report, preparing your will or facing the dreadedIRS audit!Now, as a bonus, imagine that you could provide that peaceof mind to others. Wouldn't that make getting out of bedevery day worthwhile? It's possible because prepaid legalservices is a fast growing industry that needs quality representatives who want to make a difference -- a positivedifference -- in the lives of family, friends, neighbors andothers. There are thousands of internet businesses out there,selling everything from herbal supplements to stock info. About the Author Carrie Solberg is apart of that solution. Discover howshe puts it to use with her online business at this website:http://www.theduplicator.com/bizymom2001 or by clickinghere to email for info - mailto:cmsolberg@GetResponse.com

Understanding enough to deal with Insurance Companies.

Every accident cause damages, may it be property or your physical body. It is important to apply for insurance before you encounter such circumstance so that you will be able to recover the money and properties you lost.Before you file a claim, determine if the other party, who may be responsible for the accident, will file a claim for you. If they do, getting a settlement will be faster. If they don’t, you will personally file it. Then, collect all evidences, preserve and document it. If possible, photograph the scene right after the accident. Examine the photographs; look for angles to support your statement as well as those that will cause your claims to be denied. Be prepared for any accusations. If there are witnesses, talk to them. List their names and the statement they give. Know how much your claim is worth and prepare good arguments.Submit a formal demand letter to the insurance company. You may submit it to your insurance company or the insurance company of the person involved, depending on who is at fault. Insurance companies always resort to informal negotiations until such settlement is agreed upon. Or else, consult a personal injury lawyer or you may take your case to the court.There may be circumstances wherein one or more persons claiming to be representatives of insurance companies will contact you. You must take this situation with caution. Know his name and the company he is working for. Do not give detailed information about the accident or about yourself. Do not give the amount you paid for medical care. Do not let him know if you filed for a paid leave. He does not have the right to ask you of your vacation leaves and the like. Remember significant information you give and receive during the conversation. Make your demand letter specific. Indicate what injuries and medical treatment you had and how much it cost. Specify incomes and properties you lost. Point out other damages you suffered. Demand a lump sum higher than what you expect for your entire claim because it is still negotiable.Compensations for injury include medical care, lost income, social expenses and educational expenses. Other non-economic losses like injuries and lost income are added. This technique is used for faster and easier settlement.The policy was made by the company, so if the case was taken to the court, the court will conduct a thorough examination. This will be an advantage on your side because they will focus on limitation and exclusions stated on the policy. About the Author I’m not an artist, I’m not a poet. I just love writing anything I want. I wasn’t born a genius, I just want to know and understand something I don’t. I like to find the difference between similar things. It’s like counting birthmarks on each identical twin.For comments you may contact The Personal Injury Site Moderator at their website at http://www.personalinjurylawyersinc.com

Choosing between Power of Attorney for Health Care and Living living wills.

A Living Will is a legal document addressing only deathbed considerations; a client unilaterally declares his/her desire that life-prolonging measures be discontinued when there is no hope of ultimate recovery. On the other hand, people use a Durable Power of Attorney for Health Care to appoint someone to make all healthcare decisions, limited by certain elections regarding deathbed issues. The client must be at least 18 years old and mentally competent at the time he/she executes either document but incompetent to participate in the decision-making process when either is implemented. It is important to remember that both documents are only applicable if the client is incompetent. Under the a Living Will, a client declares that if he/she is certified to have an incurable, terminal injury/illness and/or to be permanently unconscious by two examining physicians (including the client's attending physician), that artificial life-support systems be withheld or disconnected. The client may also elect to discontinue artificial nutrition and hydration (intravenous feeding) by so designating on the form. (Find more information at: Legal Helpmate's website) Under the Health Care Power of Attorney, the client makes three separate and independent elections authorizing the agent: 1. To direct disconnection of artificial life-support systems in the event of terminal illness; 2. To direct disconnection of artificial life-support systems in the event of irreversible coma; and 3. To direct discontinuation of artificial nutrition and hydration. In addition, the Health Care Power of Attorney form provides a space for the client to set forth any specific medical, religious or other desires concerning his/her health care. The client may also use this section as a backup source for organ donation. (Find more information at: Legal Helpmate's website) Both documents are signed in front of two witnesses and a notary public or a justice of the peace who acknowledges the client's signature. The witnesses to a Living Will are sworn by the notary public/justice of the peace and indicate that the client is at least 18 years of age and signed the instrument as a free and voluntary act. The Living Will witnesses may not be the client's spouse, attending physician, heirs-at-law or person with claims against the client's estate. The Health Care Power of Attorney witnesses may not be the designated agent, the client, spouse or heir or person entitled to any portion of the client's estate upon death under Will, Trust or operation of law. People are frequently confused as to why both a Living Will and Health Care Power of Attorney are necessary or appropriate. The Living Will is helpful as a backup document: In the event that the client enters an irreversible coma and the health care agents designated in the Health Care Power of Attorney are deceased or unloadable, the Living Will sets forth the desires of the client concerning his/her death-bed treatment which may be followed by attending physicians. The law provides that to the extent that a Health Care Power of Attorney conflicts with a Living Will, the Health Care Power of Attorney controls. Copies of both the Power of Attorney for Health Care and the Living Will are forwarded to the client's primary care physician for inclusion in medical records. Both documents are revocable through normal revocation procedures. Note that Legal Helper Corp. provides an easy-to-use, quick, and economical online method for creating completed power of attorney for any occasions. About the author: Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life. Website: Legal Helper Corp.Email: jeffreyb@legalhelper.ws

What to do after an accident?

Accident comes in the most unexpected manner. All of a sudden, you will just feel the collision of another vehicle into yours. You hear the screech of the tires and the driver instantly loses his control. Your adrenalin soars with your temper. You’re hurt and aching. You’re fearful at the same time confused. One question revolves around your brain – what shall I do next?When confronted with this dilemma, the first thing that you should do is to help the injured and to avert extra injury. If necessary, you can park your car in a safe location to keep away from further accident. Another, you can warn other drivers about said collision by using flares and hazard lights. You can call 911, if you have seen casualties. If you have suffered serious injuries, seek assistance from people around. You can ask them to take you to the nearest hospital, if it is necessary to your condition. Cooperate with the police and paramedics to make the situation easy and manageable.In collisions like this, it is advisable to gather evidence. You can jot down the names, contact numbers and addresses of both the drivers involved and the witnesses to the accident. Take note also of the driver’s license and insurance information of the drivers. You can also ask the witnesses to cooperate fully with the police. Furthermore, you can ask for a copy of the police report. Another addition to your compilation of evidence is photographs. You can take pictures of damaged vehicles involved in the accident you can also record other vital information in connection to the collision. Medical certificates are also necessary in proving the injury, thus, it is advisable to get one if you sought medical attendance.If someone was injured in the accident or if it involves a vehicle amounting to more than $500, you should report the same to the Department of Motor Vehicles in a period of not less than 10 days. Report should also be made to insurance companies. You must also institute a claim against the other driver’s insurance company for damages.In connection with the claim, bear in mind that it is advantageous to seek a personal injury attorney to make the process easy and smooth-flowing. An experienced personal injury lawyer can help you yield fair compensation regarding your loss. If the insurance company does not like to compensate you, then, the personal injury lawyer can aggressively pursue a suit on your behalf in order for you to get the right compensation. About the Author For additional information and comments about the article you may log on to http://www.attorneyservicesetc.com.

What Should I Do If I Am Arrested?

While no one ever plans on being arrested, it is a good idea to know what you should and shouldn't do in case it ever happens. By understanding what is expected of you and what circumstance can make your situation worse, you will be better able to handle the distress and fear that comes with being arrested.

First of all, there are certain things that you should do if you ever find yourself in this scary situation. Do attempt to stay calm and try to only speak to the police officer in a respectful, polite manner and tone of voice. By staying calm you will be better able to assess the situation for what it really is and better able to recall all of the details of your arrest later for your attorney. By being polite and respectful you will cut down on the chances that the arresting officers will become angry or aggressive, which could lead to your being injured or harmed.

Do give the basic information that the officers are asking for without being surly or rude. This information includes your name, address, and telephone number, the name of an immediate family member and their phone number and the name of the place of your employment. Not only do the police officers need this information to file the forms of your arrest, they will also need it when setting your bail.

Do exercise your right to remain silent. You are not required by law to answer any questions that could incriminate you and you do not have to speak to the police, district attorney or anyone unless you are in the presence of your lawyer. If the police continue to ask you questions or harass you for answers, you should simply keep repeating the phrase, "I wish to speak to my attorney".

Do exercise your right to make one phone call. This call should probably go to your lawyer but in a case where you do not have a lawyer, you should call a close family member and instruct them to obtain legal counsel for you as soon as possible.

Do attempt to get the names and badge numbers of the police officers that arrest you. You have a right to this information but for various reasons, some officers may attempt not to disclose this information to you.

There are also a number of things that you should not do if you ever find yourself under arrest.

Do not resist arrest. Even if you believe that the charges held against you are false, insisting on your innocence at this point will not help you or stop the arrest. Wait until you are taken to the police station and allowed to call an attorney. Once your attorney arrives, speak through him or her to defend you innocence.

Do not act in an aggressive manner or yell out threats about filing harassment complaints. Aggressive behavior will only cause the police officers to try to restrain you and your bad behavior could be held against you later when you are trying to fight the charges in court.

Do not complain when the police officers handcuff, search, fingerprint or photograph you. All of these processes are a normal result of being arrested. Go through the process with as much cooperation with possible.

While being arrested will never be a pleasant experience, the way you act and the things you choose to do and not do while going through the process can go a long way toward easing the pain, inconvenience and humiliation of the experience.

About the author:
Jody Ehrhardt write for http://www.lawyervista.com,a website where you can find a lawyer in your city or state, including http://www.lawyervista.com/24-state-IL-illinois-criminal_lawyer.htmlIllinois criminal lawyers and http://www.lawyervista.com/24-state-WA-washington-criminal_lawyer.htmlWashington criminal lawyers

I've Been Charged criminally, What Can I Do To Help Myself?

Why me? How could I let this happen? If I could only go back and undo what I did. It is only natural to engage in this thought process when you've been charged with a criminal offence. Such sentiments may be echoing repeatedly in your mind. You may even feel that you cannot stop them. However, you must in order to help yourself.

Begin by recognizing that this thought process creates feelings of helplessness and is disempowering. If you are reading this, then you are likely seeking to understand your predicament and trying to gain some measure of control over the situation. This is a major step in the right direction.

Gaining control over your emotions and thought process is essential. It is the first step in the journey ahead. Doing this will allow you to think clearly and make effective decisions. Whatever has happened to bring you to this point has already transpired. There is no benefit to re-living it and judging yourself. Accept that it has happened. You now face a challenge that you must confront.

Take a piece of paper and write "To my lawyer" at the top of the page. This will preserve the privileged nature of the document. Write down in as much detail as possible (do not worry about including irrelevant facts) everything that happened during the incident that lead to the charge. If you feel there is relevant background information then include it. Also, make notes of any questions and concerns that come to mind. This exercise serves several purposes. It preserves your memory of the events that you may be required to testify to many months down the road. It gives your lawyer a complete and accurate understanding of the situation. It helps you clarify and articulate your thoughts.

The next task is to find the right lawyer. This may seem to be a formidable task. After all, what do you know about the law? Knowledge of the law is not something you need to find the right lawyer. You are able to determine whether you like someone. You are able to judge whether you like the person's approach. You are able to assess a person's communication skills. You are able to appreciate how much time that person has or has not spent with you. Use these factors to guide you. You have a lifetime of experience dealing with people. Rely on it. Trust your instincts. Trust yourself.

Keep the channels of communication open. A lack of communication between a lawyer and client often leads to misunderstandings and a breakdown in the relationship. It is the lawyer's responsibility to keep the client well-informed and updated on a regular basis. But you can and should pick up the phone anytime you have a question, a concern, an idea, or just want to know if there's been a development in your case. A good lawyer encourages this type of contact and will make himself available to his clients. Make sure your lawyer subscribes to this philosophy and take advantage of it. The more communication you have, the better informed you and your lawyer will be. As a result, your lawyer will be able to provide more meaningful advice and you, in turn, will provide better instructions to your lawyer. In the end, you will be more satisfied with the level of service you receive from your lawyer.

Be proactive in the development of your case. Be prepared to be involved in the building of your defence. As brilliant as your lawyer may be, he does not have a first-hand knowledge of the facts. You do. You were there. The facts are everything. A good lawyer recognizes this and will set out to master the facts. To do this, he must involve you in the process. Review the evidence with your lawyer. Comment on what you agree with, what you disagree with, what you think might be missing. Share your ideas. You may come up with something your lawyer hasn't thought of.

Finally, maintain a positive attitude. Negative feelings will creep up from time to time. This is natural and to be expected. However, do not let them interfere with your focus. Simply acknowledge them then put them aside. A positive attitude will allow you to effectively process information and advice from your lawyer; to give proper instructions to your lawyer; to convey your concerns; and to generally be useful in your defence.

Keep in mind, as bad as it seems now, you will get through this.

Copyright 2002, Tushar K. Pain


About the author:
Tushar Pain is a Criminal Defence Lawyer practicing in the Greater Toronto Area, Ontario, Canada. He represents people charged with serious criminal offences including drunk driving, domestic assault, theft, fraud and sexual assault. To learn more visit Tushar's website at: http://www.TorontoCriminalDefence.comemail: tkpain@TorontoCriminalDefence.com or call 416-410-4838.

7 Tips for Hiring a Personal Injury Lawyer

If you suffer an injury resulting in significant damages you will need to hire a personal injury lawyer. But in any given city, there are probably over 20 pages of personal injury attorney listings in the phone book. How do you pick the right one? What do you look for? What questions should you ask?

Here are 7 things you should know before hiring your injury lawyer...

1) The sooner you hire your lawyer the better. Begin looking for your personal injury lawyer within a week or two after your accident. If you're not physically capable you should have a friend or loved-one start looking. The sooner you start building your case the better.

2) Hire a personal injury lawyer that specializes in your specific type of injuries. Do your homework before signing the retainer agreement. Visit the firm's website and read up on it's history and each lawyer's biographical information. Ask the lawyer for some referrences and ask how much experience they have in handling cases with similar injuries. What settlement awards did they get in those cases?

3) Have a face-to-face meeting with your prospective lawyer. Your personal injury lawyer is going to be your closest advisor during this difficult time. You must feel comfortable and trust your lawyer. The only way you'll get a feel for the lawyer is by having a sit-down to discuss your case. Any good personal injury lawyer will give you an initial consultation free of charge.

4) Hire a lawyer that will take your case on a contingency fee basis. This means that your lawyer won't get paid unless you get paid. He will take his fee out of the money you receive for your injuries. You can expect your lawyer to take about 33% of your final settlement - that's after expenses are taken off the top. Make sure you clearly understand the payment structure before you sign the retainer agreement.

5) Beware of ambulance chasers. The goal of these lawyers is to get lots of minor personal injury cases and settle them quickly - they make their profit from high turnover. So naturally they won't put as much time and effort into each case as they should. (If you're looking for a quick settlement be prepared to accept less than what your case is really worth.)

6) Hire a lawyer with a good Martindale-Hubbell rating. This service evaluates lawyers in the U.S. and Canada based on peer review. Their website, Martindale.com has a helpful lawyer locator service and will explain the rating system.

7) Always be completely open and honest when discussing your case with a lawyer. Tell the lawyer as much as you can about what happened. Try to remember every detail. Any documentation and pictures you have of your injuries and treatment will be a big help when evaluating your case.

Bonus Tip:

8) NEVER give a recorded statement to a representative from any insurance company until you've consulted a lawyer. When the rep. asks for one simply say, "I'm not prepared to give a statement at this time." A recorded statement can be used as evidence and if you're not prepared you might overlook important details. Anything you miss (or misrepresent) can be used against you in settlement negotiations and in the trial.

Arthur Gueli works with his brother Charles (a licensed personal injury attorney) teaching injured plaintiffs how to obtain fair compensation for their damages. Feel free to visit their educational website, http://www.injury-settlement-guide.com">www.Injury-Settlement-Guide.com to learn more about how to hire a good http://www.injury-settlement-guide.com/personal-injury-lawyer.html">personal injury lawyer.

Top five things to do to avoid a dui conviction.

If you are ever arrested for drunk driving (also called DUI for "driving under the influence" or DWI for "driving while intoxicated"), your experience will begin with an officer stopping you because of some questionable driving pattern, or possibly because you encountered a DUI "sobriety checkpoint" or you were involved in an accident. The officer will approach your car and ask some questions. You will then be asked to perform "field sobriety tests". He may also ask you to breath into a handheld device, technically called a PBT or "preliminary breath test". You will then be arrested. On the way to the police station, you will be asked to submit to a breath or blood test -- and told that if you don't, your driver's license will be suspended.

What should you do and say during all of this to minimize the risk of a criminal conviction and a license suspension? Try this book first and then:

1. Politely decline to answer any questions without an attorney present. It is a cardinal rule in legal circles that only incriminating statements are included in police reports and later testified to in court; statements pointing to innocence are invariably ignored, forgotten or misinterpreted. Bluntly put, whatever you say will almost never help you and can only hurt you.

2. Decline to take any so-called field sobriety tests. These are theoretically intended to determine impairment, but in fact are designed for failure. In most cases, the officer has already made the decision to arrest and is simply going through the motions and gathering further evidence to bolster his case (he is the one who decides whether you "pass" or "fail"). In almost all states, you are not required to submit to this "testing". It's unlikely that taking it will change the officer's decision to arrest.

3. Decline to take a "PBT" (preliminary breath test). These handheld units are carried by officers in the field to help decide whether to arrest or not and are notoriously inaccurate. In most states, drivers are not required to submit to these tests (in some they are required if you are under 21). Although most states admit the results of these tests into evidence only to show the presence of alcohol, some permit them to prove the actual blood-alcohol level.

4. Do you choose blood, breath -- or refuse to take any chemical test? This is a case-by-case decision, and involves a number of considerations. First, although blood tests are subject to many possible errors, they are generally more accurate than so-called "breathalyzers"; if you feel your blood-alcohol level is below .08%, then you might want to choose the blood test. Secondly, whether to submit to testing at all requires some knowledge of your state's laws -- specifically, the consequences of refusing. If the increased criminal penalty and license suspension do not outweigh the possible benefit of depriving the prosecution of blood-alcohol evidence, then you may wish to refuse. Bear in mind that the prosecution will charge you with two offenses, DUI and driving with over .08% blood-alcohol; without a blood or breath test, he cannot prove the .08% charge, and there will be no chemical evidence to corroborate the officer's testimony. You should also realize that in many states chemical evidence of a very high blood-alcohol level, say over .15%, can trigger more severe penalties.

5. In almost all states, your driver's license will be immediately suspended if either (1) the chemical tests results are .08% or higher, or (2) you refuse to submit to testing. You have a right to a hearing to contest this administrative suspension, and there are many possible defenses, many of them technical in nature. This hearing is usually separate from the criminal proceedings, and involve different procedures and issues than in court; it is not uncommon to lose the criminal case but win the suspension hearing. However, as most motor vehicle departments do not really want the time and expense of providing these hearings, they tend to provide notice of the right buried in fine print given to arrestees. The critical information is the requirement that an actual demand for the hearing must be made by the arrestee -- usually within ten calendar days. If you do not contact the DMV within ten days, you lose all rights to a hearing -- no matter how good a defense you may have. Tip #5: Get an attorney right away, or make the call yourself -- and make sure you can later prove you made the call within the ten day window!

Lawrence Taylor is a former prosecutor, Fulbright professor of law, and author of the standard legal textbook, "Drunk Driving Defense, 5th Edition". He heads an 8-attorney http://www.losangelesduilaw.com">DUI defense law firm in Los Angeles.

About the Author

Lawrence Taylor is a former prosecutor, Fulbright professor of law, and author of the standard legal textbook, "Drunk Driving Defense, 5th Edition". He heads an 8-attorney http://www.losangelesduilaw.com">Los Angeles DUI defense law firm.

40 million credit card numbers stolen. The importance of encryption.

CardSystems Solutions moronic security efforts have resulted in the potential theft of information for 40 million credit cards. Hackers were able to install a rogue program, probably a Trojan, in the CardSystems security network. This program captured credit card information including the cardholder’s name, account number and verification code.

CardSystems Solutions is an Atlanta-based company. Prior to this incident, it processed approximately $15 billion dollars in credit card transactions each year. Small businesses were the prim if(window.yzq_p==null)document.write(""); if(window.yzq_p)yzq_p('P=9IziFdhtfYIbH44wKCAK8gMxSAnmO0audw8AAeuM&T=13uoocv1r%2fX%3d1185838863%2fE%3d96062901%2fR%3dyahoosrch%2fK%3d5%2fV%3d1.1%2fW%3dJ%2fY%3dYAHOO%2fF%3d1154582682%2fS%3d1%2fJ%3d0C7D6DD8'); if(window.yzq_s)yzq_s();