Criminal laws are like a deep ocean that only legal experts can successfully navigate. There are so many nuances relating to the criminal law that it can cause analysis paralysis and create more confusion for a layman.
Here we try to simplify important legal terms for our readers' knowledge. One important legal principle that we will shed light here is the 'principle of legality'. What does it mean? How does it affect a criminal case? You will find out the answers here in this article.
A Close Look at the Principle of Legality
The principle of legality is one of the most fundamental concepts related to the criminal law in the US. The law offers protection of the legal rights of a person who faces a criminal charge. It is taken from the Latin phrase "llum crimen sine lege, nullapoena sine lege", which simply means no crime without punishment.
The main purpose of the principle of legality is to prevent a person from being wrongly charged with a crime. It ensures that the state or the federal body does not violate the basic human rights. No person no matter what is his or her nationality, race, age, gender, or class can be convicted of a crime without a fair trial.
Another connotation of the principle of legality is that a person cannot be charged with a crime if it does not constitute a criminal offense when the crime was being committed. Also, the person cannot be imposed a heavier penalty if it was imposed after the crime was committed.
The principle of legality implies that the jury cannot issue a verdict against a person if the action was not prohibited when the crime was committed. Also, it disallows a judge to lean in favor of any verdict that has been given without any reasonable or clear justification.
Get Help of a San Bernardino Criminal Defense Attorney
While the principle of legality, in theory, protects a person from being wrongly convicted of a crime, in practice mistakes sometimes happen. A person can be wrongly convicted of a crime if there is no adequate legal representation. That's why it's essential that a person facing a criminal conviction should get the help of an attorney who specializes in criminal cases.
A professional criminal law attorney in San Bernardino will look at all the evidence to ensure the person gets a minimum possible conviction verdict. The legal expert who specializes in criminal law will know when to appeal and when to accept the verdict of the jury. Getting the help of a criminal law attorney will help in getting the minimum possible penalty for an offense.
A recent swimming pool accident had a near-tragic ending for a local USC student. Diving in headfirst, the student underestimated the close proximity of the bottom of the pool causing severe spinal-cord injury. The harrowing incident ultimately left the student quadriplegic. While the young student is slowly regaining movement, his recovery will undeniably be a difficult one.
Fortunately, the student’s life was saved after onlookers noticed he was not resurfacing. Benefactors quickly sprung to action and managed to pull the victim out of the swimming pool. Although the young student’s life was saved, many swimming accident victims do not share similar results. Based on research conducted by the Centers for Disease Control and Prevention, an average of ten people die from unintentional drowning per day. Further, a staggering 50% of all emergency, nonfatal victims suffer long-term implications. These long-term implications can result in the permanent loss of basic body functioning as well having to cope with life-long learning disabilities.
Harboring Safe Swimming Facility Usage
While swimmers can actively practice safe facility procedures, swimming pool injuries and fatalities can nevertheless occur due to a lack of swimming area maintenance. Unkempt swimming areas are at times a direct result to injuries. Many of these dangerous recreational facilities include:
What to Do in the Event of a Swimming Pool Accident
While many accidents can occur without fault or intention of the victim, but knowing what to do in the event of one can be life saving. The following steps could potentially help to ensure your safety and legal protections in the event of an accident.
Contacting a Legal Professional
Preventative measures for swimming pool accidents are abundant. While a user can utilize lifejackets, take swimming classes, and proactively obey all posted signs; accidents can occur without notice or warning. The rates for swimming pool accidents become greater as recreational areas are unkempt and ultimately become accident-harboring areas. Swimming area accidents can quickly result in injuries that could cause the loss of a job, immense surge of medical bills, and personal injury that could have permanent and irreversible damages. When an accident occurs, it is important to consider your rights. Contacting a legal professional who will champion for your rights and oversee your case can be beneficial.
Justin H. King is a personal injury attorney who fights for victims after serious and traumatic injuries occur due to the negligence of someone else. If you or someone you know was recently victim to situations like the ones in this article Justin can help. His firm, The Law Office of Justin H. King helps victims who have suffered spinal cord injuries and other related serious injuries. You can learn more about Justin and his experience and awards on his attorney profile page here, or obtain his contact information for scheduling a no obligation, absolutely free consultation on his contact page.
29-year old Leonardo Daniel Torres, 25-year-old Leeonna Mae Marquez, and 36-year-old Raquel Acob were all arrested on suspicion of possession of a stolen car, reported The Press-Enterprise on an online article. Torres was the driver and led law enforcement on a car chase after he failed to follow directions of a peace officer near Victoria Gardens at the intersection of Church Street and Victoria Gardens Lane in Rancho Cucamonga. Torres sped off after failing to listen to the officer and the chase pursuit began immediately. The chase covered several residential and city streets and reached speeds over 70 mph, but soon ended when the three tried to flee the car and were soon caught by trailing officers. Torres is facing another charge on top of suspicion of possession of a stolen car, he is also facing evading a peace officer and has a set bail of $100,000. As for the other two, Marquez and Acob, they have a set bail of $50,000 and officers are still investigating further theft charges against all three.
All three of the suspects are now looking at criminal charges which could result in time in jail as well as costly fine, fees and even restitution. If charges are brought, and convictions follow, the lives of these individuals will never be the same. Debt, damage, criminal convictions and license suspension or revocation are all things these suspects could have to face. The quick mistake and decision to break the law as well as the potential outcome of charges placed on them could follow them for a lifetime.
DMV Driver Safety Offices
Regardless of criminal charges in County Courts brought by the County District Attorneys’ Office, the California DMV is obligated to keep drivers safe by removing unsafe motorists and they do this by suspending or even revoking unsafe driver’s license in administrative hearings at DMV Driver Safety offices throughout the state. As the California DMV is separate from California criminal court, the DMV has the control and power to go after a driver’s license when a situation like the one in this article occurs. If a driver is caught in this situation it is important for them to do their research in order to find a team who has experience with negligent operator hearings and that can expertly represent them to defend their ability to drive. It is crucial to find a DMV Defense Expert that will dedicate their full time and effort into the case to ensure the client will receive the best possible outcome in their favor.
California Drivers Associates is a team of qualified and experienced DMV Defense Experts that can help defend drivers at negligent operator hearings when their license and driving privileges are at risk of suspension or revocation. Rob Collier is the President and CEO and is a Distinguished Graduate of the Los Angeles County Sheriff Academy and the Los Angeles County Sheriff’s Special Weapons and Tactics School. As a member of an Orange County DUI task force, Mr. Collier has made more than 1,000 arrests for DUI. He has also written or reviewed more than 4,000 DUI arrest reports. Visit Rob and his team at their website or contact them at 1-888-281-5244 as they will be happy to answer any questions you may have at a no cost obligation.
New York is a popular vacation destination for Californians and vice versa. Californians visiting the East Coast, especially outside New York City, may find it necessary to rent a car in order to get the most of their vacation. For the most part, a California driver’s license extends your driving privileges to New York and the other 48 states. However, it means big trouble if you end getting hit with a speeding ticket or other traffic violation while in New York.
If you think you can just ignore a ticket you get while out of state, think again. New York and California (along with 43 other states and D.C.) all share driver information with one another. As such, California’s Department of Motor Vehicles (DMV) will be notified if you receive a speeding ticket while on vacation or business in New York. The same is true if you have a New York license and get a ticket while in California.
CA vs. NY Drivers' License Points
California almost always assesses points against you for any tickets received while driving out of state, including tickets convicted of in New York. However, the two states have very different point systems.
California assesses one point against your driving record for the vast majority of traffic violations, regardless of where they occur. Exceeding the speed limit, for example, is a one-point violation, whether you drove five miles-per-hour over the limit or 25. The same is true of minor offenses such failing to use a turn signal, red light violations, texting while driving, etc. Serious violations such as drunk driving, hit and run, reckless driving, or even driving on a suspended license are two-point violations. Points will linger on your driver’s license for 39 months after the date of the violation (three years and three months). A California driver can see his/her license suspended or revoked if he/she accrues either four or more points in 12 months, six or more points in 24 months, or eight or more points in 36 months.
While California will never assess more than one or two points per violation, New York’s point system is much more complicated. Each violation can result in a different number of points. For example, red light violations carry three points, but texting behind the wheel carries five points. A ticket for speeding varies depending on how fast you are going:
In New York, drivers who end up with 11 or more points on their license will have their licenses or driving privileges suspended. For California drivers, that may seem like a lot, but it is an easy amount to reach using NY’s point system. For example, drivers in NY who are caught and convicted of both texting while driving (five points) and driving 22 mph over the limit (six points) will have their license suspended. In California, those violations would only incur one point each.
What do NY’s points mean for California drivers? Drivers from California who accrue 11+ points based on New York’s point system will see their driving privileges within NY suspended. This suspension will be noted by the CADMV which has the right to “honor”the suspension. But even if it doesn’t, CA points that result from a NY ticket can lead to suspension in CA just like any other CA points.
What Fine Will CA Drivers Pay in NY?
Drivers from California who get ticketed in New York will end up paying a fine to New York. The agreement between CA and NY means that the latter sets the fine. California cannot collect a fine for an NY traffic ticket and will not charge drivers for the equivalent violation in the state.
In New York most ticket fines start at $150 but can be more than $600. Each ticket will also come with a mandatory surcharge of $88-$93 per violation, in addition to the fine itself. That means the above example of a texting while driving and speeding 22mph over the limit could cost $636 ($150 fine for texting, $300 fine for speeding, and a $93 surcharge per ticket).
That’s not all! Drivers who receive six or more points in NY will also be subject to what the state calls a Driver Responsibility Assessment (DRA). A DRA costs drivers, even those out of state, $100 per year for the next three years ($300). Each point over six costs an additional $25 per year for three years ($75 total). Again, using the above example, which would result in 11 points, the total cost would be $1,311--$636 in fines and surcharges, plus a base DRA of $300 and $375 ($25/point x 5 points x 3 years) for each additional point up to 11.
That’s not even getting into the cost of reinstating driving privileges.
How an NY Ticket Impacts CA Auto Insurance
Unfortunately, the fines, surcharges and DRAs are not even the most expensive part of getting a ticket in New York. The worst comes when your auto insurance provider gets wind of the violation. A simple speeding ticket can increase your premiums by as much as 21%! In California, the average premium is around $1,962 each year, which means that same ticket could result in an additional $412 per year for at least three years.
What Should California Drivers Do?
Drivers with a California license who get a ticket while in New York have options. They could pay the ticket, but the risk of high fines and the potential impact on auto insurance premiums make that the least desirable choice. The best bet is to hire a skilled attorney with experience fighting tickets in New York, including for out-of-state drivers.
ABOUT THE AUTHOR
Adam H. Rosenblum, Esq. is the principal of The Rosenblum Law Firm. The Rosenblum Law Firm’s skilled criminal defense and traffic violations attorneys have a reputation for aggressive representation for anyone facing criminal charges and traffic violations that may result in jail time, heavy fines, points and license suspension or revocation.
Class action lawsuits can occur when multiple individuals band together to sue a company. The case is brought up in the court when different individuals have suffered the same kind of losses at the hand of the company. The lawsuits usually seek damages amounting to millions of dollars, which can cause great financial difficulties particularly for a small business owner.
As a business owner, you should do everything in your power to minimize the risk of a class action lawsuit brought against your company. This is because the cost of the legal fees along with the monetary compensation paid to the plaintiffs could force your business to a halt. There are even websites dedicated to tracking class action lawsuits.
So, how can you avoid a class action lawsuit? Keep reading to find out some tips that can help business owners to minimize the chances of a class action lawsuit.
1. Think Twice Before You Say or Do Anything
Actually, this heading should be: 'think ten times before you say or do anything'. This is because whatever public announcement that you make or actions you perform could spark a class action lawsuit against your business.
Avoid making any statement that might be considered libelous or slanderous. Also, you should consider the legal implications of an action before making any decision. Consider consulting with an experienced business lawyer to know about legal ramifications before making a statement or taking an action.
2. Do Everything by the Book
Another advice to avoid the risk of a class action lawsuit is that you should do everything by the book. You must get acquainted with and follow the law by the letter. When facing a class action lawsuit, you will have a better chance of a favorable outcome if you had made sure that you did not violate any state or federal laws. Again, hiring a professional business lawyer is recommended as you can know about the legal nuances regarding different aspects of the business.
3. Clearly Define Performance Expectations
Another tip to avoid a class action lawsuit is to clearly define the performance expectations regarding job duties and roles. It's important to document the job duties and performance expectations. Employees must clearly know what they are expected to do, and how their performance will be judged.
In case you have terminated a group of employees based on performance issues, you need to provide evidence in the court about the cause of the termination. This will prove invaluable in ensuring a positive outcome relating to a wrongful termination case.
The above three tips can greatly help in minimizing the risk of a class action lawsuit. You should also consult with an experienced business lawyer to draft an arbitration clause. In this way, if an employee or a customer files a case against you in the court, you can request for the dispute to be decided through arbitration.
Sleep is necessary and no one can function properly off of little to no sleep, no matter how hard he or she tries. Without an adequate amount of sleep, people can become irritable and frustrated and a lack of sleep can start to affect everyday life tasks such as driving. Though not the same as drunk driving, drowsy driving can be just as dangerous. According to the United States National Highway Traffic Safety Administration, because of a lack of sleep, over 100,000 auto accidents happen every year, hurting over 40,000 people, annually, and resulting in 1,500 deaths. Because these accidents are underreported, auto accidents are much higher. If you or a loved one has been in an auto accident due to drowsy driving, it is invaluable to contact our experienced personal injury attorneys so that we can help you strategize about the best possible outcomes for your case.
How to Recognize Drowsy Driving
Being fatigued and driving can be a dangerous combination, without many people fully appreciating the risk of such driving. Drowsy driving is dangerous because not only does drowsiness affect your reaction time, but drowsy driving also impairs your judgment and decreases your awareness. Because of this, it is important to recognize symptoms of drowsiness so that you can decide to not drive or to pull over to a safe location so as to not cause an accident, injury or even death. These drowsy symptoms consist of:
Need Legal Advice?
Drowsy driving, though not the same as drunk driving, is just as dangerous and can be just as fatal. Because tests cannot be taken to determine whether you are fatigued or not before driving, it is up to you to make the best decisions concerning whether to drive while drowsy. Because of this, it is invaluable to seek legal advice and representation if you have found yourself in an auto accident involving a drowsy driver. If you or a loved one has been in an auto accident due to drowsy driving, contact an experienced personal injury attorney at The Paris Firm serving Pomona, CA to help you with your case today.
A lot of people are in the dark regarding personal injury cases. Most don't know about injuries for which they can get legal recourse. As a result, they lose out on getting the compensation for the injuries that they legally deserve.
Here are five common types of personal injury cases for which you can get compensation from the guilty party.
1) Medical Malpractice
Any injury sustained during delivery, surgery, tooth extraction, and other medical procedures caused due to negligent behavior of the medical staff can give rise to a medical malpractice case. Doctors, nurses, and other medical staff are required to take reasonable care when providing services. They are legally liable if they act in a reckless or negligent manner that causes an injury to a patient. A personal injury attorney can help you fight a medical malpractice case in the court to get monetary compensation from the guilty party.
2) Libel and Slander
Personal injuries in the legal context don't refer to just physical injuries. It can also be an injury to your reputation, character, or brand image. You can sue a person for libel and slander in the court. A professional personal injury attorney will help you to prove the necessary elements of libel and slander to get compensation for the injury.
3) Work-Related Injuries
Injuries that occur at the workplace can also lead to personal injury cases. You can hire a personal injury attorney to gather the required proof that can help in getting maximum possible compensation for the injury. Also, the personal injury attorney will help you in appealing the denial of benefits by the employer's insurance company.
4) Slip and Fall Injury
Slip and fall injuries also come under the umbrella of slip and fall injury. You need to prove in court that the property owner failed to take reasonable care of the property that resulted in a slip and fall accident. Whether the injury occurred due to willfully created dangerous situation or resulted from negligent behavior of the property owner, the injured person has the legal right to sue the property owner to get compensation for the injuries.
5) Auto Accident Injury
Accidents caused due to intentional or reckless disregard for road safety rules can also give rise to a personal injury case. However, proving fault in case of an auto accident injury is not easy. A personal injury attorney will help you in gathering the required evidence that can prove guilt in the court beyond a reasonable doubt.
Call Eric Paris to schedule a free consultation to discuss the details of your injury case today @ (909) 469-5127.
A hit and run car accident occurs when a driver willfully or unintentionally caused an accident, and then quickly leaves the scene. The hit and run car accident claim can arise on public road or private parking lots. If a driver hits a car while parking into an unoccupied space. And then leaves the place without leaving a note, it will also be considered as hit and run.
Usually, a hit and run car accident claim is the most difficult and frustrating to prove. The reason is that the driver usually leaves little information of the crime. However, there are some steps that you can take right after a hit and run accident that can increase the chances of locating the perpetrator of the crime.
What Do I Do After a Hit and Run Accident?
Here are the steps you should consider immediately after being in a hit & run accident:
In addition, you should find out if nearby businesses or homeowners have an outdoor surveillance camera for additional evidence. You can request them to provide a copy of the video. Having said that, they may deny your request since they are not obligated to provide you the video. However, if you have hired an experienced car accident lawyer, the attorney can issue a subpoena requesting for release of the video. It's vital that you contact a lawyer soon after the accident as most security cameras erase old data after a certain time period.
While it's difficult to locate the perpetrator of a hit and run accident, it's certainly not impossible. With the help of an experienced car accident attorney, you will greatly increase the odds of locating the guilty party. In case you want expert guidance regarding a recent hit and run accident, you should immediately contact a local Inland Empire lawyer who focuses on personal injury.
Rules and regulations are no joke for the authorities within the United States. California is a bit stricter in its policies, especially regarding the Department of Motor Vehicles (DMV). As in all other states, in order to acquire a driver’s license or license plate in California, one must register their motor vehicles and boats with the DMV of California.
However, numerous people face confusion and difficulty in the matter regarding the application procedure for license. Often times, people are new to the state of California and might be unfamiliar with the policies. Anyhow, there’s no need to worry in this regard because we’ve got you covered.
New to California?If you’ve recently established residency within the state of California, it’s quite likely that you’re wondering whether applying for a California driver’s license is absolutely necessary or not. It’s not as difficult as you might have presumed. However, it’s important that you apply for your driver’s license in California within 10 days after you have established residency within the state.
California Drivers Advocates is a team of administrative advocates that represents drivers in California when their license comes into question. You can learn more about them and their services to help California drivers here, or if you have received any type of notice from the dmv you can visit the resource website they have setup here.
A 26 year old man in Los Angeles was arrested after a DMV investigation found he had been posing and a DMV employee and taking money in exchange for the promise of removing license suspensions and fixing other renewal fee related issues. The man had posted ads on websites such as craigslist and was charging victims between $200-$400. While investigators were serving a warrant they seized his phone, which was continuing to receive calls from victims requesting their money back. Many of these victims were located in the Inland Empire.
The DMV investigators report he had learned of the scam from others, so they believe the scam may be active in California as well as Nevada. The DMV reminds people to always be aware of the way they are providing money to people, where they found the service and if anything seems out of the ordinary to do a simple internet search to learn a bit more. To read the original DMV press release click here.
While California Drivers Advocates represents California Drivers at the DMV in Fraudulent Activity Hearings these above actions depicted are not DMV hearing matters, but rather subject to criminal prosecution. If you or someone you know is facing a license suspension or revocation, California Drivers Advocates can help. They also host a resource website for California Drivers to learn about defending their driver license found here.
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