States have their own penal codes, but in general follow common doctrine as it is embodied in federal law. In criminal defense, there are doctrines that are acceptable in most courts that will mitigate or nullify a criminal charge. Below is a list of the most common criminal defense doctrines.
The defendant justifies a criminal act because it was to and did prevent a greater evil and there was no other legal alternative. An example would be a person charged with driving under the influence (DUI) may argue that driving prevented a kidnapping. This is a complex issue, and courts are careful about accepting this type of defense.
This is usually a partial affirmative defense in which the defendant maintains that the act was committed in an unavoidable situation and under the immediate threat of death, violence or harm by a third party of the defendant or another person. An example would be robbing a bank under the direction of another person who will otherwise kill a family member who is under that other person’s control.
This is a defense that includes involuntary intoxication and diminished capacity, in which the defendant maintains he or she had no control over their activities, or did not know right from wrong because of some permanent impairment or because of a temporary incapacity from the effects of a drug or other chemical. An example would be a drunk driving charge in which the defendant had unknowingly ingested alcohol at a party i.e. spiked punch.
This is a familiar defense against charges of murder or battery, in which the defendant maintains the criminal act was executed as protection from the victim’s own violence. With this defense, the defendant has to prove that the use of force was reasonable, and that the situation could not be avoided. An example would be a woman being raped hitting the person on the head with a rock to get away from her attacker.
It is possible to avoid a conviction by claiming a mistake of fact. This is different from ignorance of the law which is not admissible as a defense. A person may known the law but still break it because of a misrepresentation or misunderstanding of the facts. An example would be the defendant entered a stranger’s house by mistake. While it is technically trespassing, there was no intention to do so.
These are by no means a complete list of criminal defense doctrines, but they are some of the most popular. If you ever need to choose one as a practical matter, leave it to your criminal defense lawyer to decide which one.read more
Being charged with marijuana possession can cause serious damage to you and your family. There are social stigmas for being charged that can be strenuous to handle. Because marijuana is an illegal drug in many states, crime accusations can lead to high fines and penalties that are too steep for many people. Different states have different approaches to drug charges, and depending on the state, you will need a specific layer who knows the state laws and the proper defenses for such cases.
The website of The Law Office of Daniel Jensen, P.C. points out the severity of even a simple drug charge, therefore having the right defense could protect you and your life from and type of social stigma or discrimination that will come with the charges.
Marijuana is one of the most widely used illegal drugs not only in the United States, but also around the world. Currently two states allow their citizens the recreational use marijuana. Although there are states that allow the use of marijuana for medical purposes, you would need to have a prescription in order to possess and use it, while other states have certain limits on the amount of marijuana that a person can possess without being charged with a crime. Once caught in possession of marijuana, there are some factors that can affect the fines or penalties that can be given to you.
First, take into consideration the state laws and the federal jurisdictions where you have been caught. Being caught by federal law enforcement officials could mean that you have been under their radar for some time, possibly for large scale drug trafficking operation and such. Another factor to check is if your state has decriminalized marijuana. This means possession of marijuana on a certain small amount can be legal and is not punishable by law. The amount can also be a factor, whether they are for possession, manufacturing, sale, or growing.
Even though possession of marijuana is not often viewed as a serious offense as compared to other illegal drugs, it can still provide stiff penalties. Minimizing your sentence or fines mean finding the right lawyer who is aware of state laws and proper criminal defense against possession of marijuana. Since the effects of being charged with marijuana lasts a long time, protecting your rights is a must. After some time, it’s possible to have the crime removed from your record, but that is another complicated process. Your best bet would be to fight the drug possession charge and never have it put on your record in the first place.read more
Workplace discrimination comes in many forms, and affects any employee and any type of work settings or business. Discrimination means unequal treatment to an individual who is of a particularly protected classification resulting to unequal opportunities and treatment. It is generally classified as anything that ensures and builds up inequalities. Employment or workplace discrimination is deemed illegal and considered a criminal offense according to federal and many state laws.
Because the workplace is growing in diversity, many employers are getting overwhelmed of the many different types of people that they have as employees. This confusion can lead to poor rules and policies regarding workplace discrimination and harassment. These often lead to many lawsuits and claims which could be bad to any type of business. Because majority of the provisions written at the Civil Rights Acts of 1964 are pro-employees, many businesses have found themselves fighting against increasing lawsuits from their employees.
Workplace discrimination should first be addressed in the company. Those who have fallen victim to discrimination should report the incident to their immediate supervisor or human resources to make them aware of the situation. Then both parties should explain their sides and the company should make sure that the incident should not happen again, or that the guilty party should be reprimanded. By filing a complaint in your company against the person offending or harassing you can help in documenting the event to be used in court, and this ensures that your legal rights are protected in the workplace. Once the company fails to make any effective action on your case, then you have the option to file a case at the US Equal Employment Opportunity Commission, which would provide you and the company the federal guidelines regarding policies, opportunity regulations, and practices. Once all the options have been exhausted, then a lawsuit can be filed in the federal court.
Once an employee files an administrative case against a fellow employee, the whole company can be put in a bad light, which can be damaging to the business. Once found guilty, the company will be forced to make up for the mistake that they made. Lawsuits are costly, and are taking time and effort from the flow of business. Business morale will also be affected, and it may not be healthy for employees to work in a contentious and drive other business partners away.read more
A serious injury from an accident (whether from work, at home, or anywhere else) can lead to a number of problems: from physical to financial. Aside from the physical pain and suffering, a serious injury can cause bills to pile up because you are not able to go back to work, and often serious injuries also call for expensive treatments. This often causes people with serious injuries to file for bankruptcy.
According to Hach & Rose, LLP, medical debt is accounted as one of the leading factors for bankruptcy filings, a great 62 percent for personal bankruptcy cases are due to medical debts. Once medical bills accumulate, they can completely devastate a family’s financial situation for a significant amount of time. Because of this, more than 25 percent of people choose to stop taking their medications to limit medical costs, a short term fix that often trigger more expensive medical treatments in the future.
Health insurance may be helpful, but it is not always enough to cover or act as buffer for the medical expenses. Even credit card charges will increase because of the expenses for medical treatment. Because of this, the majority would file for bankruptcy, but will it be a good option to pursue this option?
Filing for bankruptcy due to medical debt can depend on what type of bankruptcy you apply for. Chapter 7 bankruptcy tackles medical debts, and under Chapter 7 bankruptcy medical debts are treated as non-priority unsecured debt. This type of debt means that even if a part or the medical debt is paid during the bankruptcy, if discharge is given by the court then the medical debts can be completely wiped out. It is part of dischargeable debts that can be eliminated by filing for Chapter 7 bankruptcy, regardless of the amount of medical debt.
Once a serious injury occurs, it is important to focus on treating and healing the injury rather that worry about the excessive bills that come along with it. This is not easy to do, however since medical costs are high and when required treatment is long. Knowing your options to help you through a financial crisis following a serious injury can help ease you mind and will give you the chance to start your life over again.read more
Workplace discrimination and sexual harassment issues are just among the top problems that every employers and employees should be aware and concerned about. According to the Civil Rights Act of 1991, any employee has a right for trial by jury if he or she believes that they are a victim of discrimination or harassment. These can be anything from race, gender, sexual preference, religion or disability, regardless whether it is in physical, verbal or visual forms.
Sexual harassment is a considered a federal felony, and states also have their own laws regarding sexual harassment and discrimination in the workplace. As the workplace becomes more and more diverse, concerns regarding such issues have become more rampant, and the best way for employers to steer clear of legal risks is to understand what establishes sexual harassment and discrimination and implement a fair treatment for a diverse workplace.
Discrimination based on sex or gender applies to any employee who is treated unfairly due to their gender (while others of the same gender are treated more favorably). It also occurs when a work policy is aimed for everyone but has a negative effect on a particular gender. Clients often represented by the law firm Habush Habush & Rottier SC often file against employers who experience disparities on earnings based on the same amount of work or being victims of unwanted sexual advancements or behaviors from other employees. As specified by the Sex Discrimination Act, any employees are protected from areas of public life such as employment, education, accommodation or housing, and services.
For those who feel they are suffering from sexual harassment or any form of workplace discrimination, it is best to report the incident immediately in order to prevent future uncomfortable situations. Filing charges needs to be within 180 days after the incident, or according to state laws. Although it is a common occurrence to hear women being discriminated or harassed in the workplace, it can also happen to men as well, and they are also protected by the law equally as women are. For employers, it is important to address the concerns on a company level to avoid litigation.read more
Many women want to have a shapely body, which is why many have resorted to dieting and exercise. These methods, however, can take a long time to have results, and often the results are not enough. For these reasons, they go to have plastic surgery, and the most popular and frequently requested surgery is breast augmentation.
Breast augmentation (augmentation mammoplasty) is the surgical process of increasing the shape, fullness, and most importantly the size of the breast. Surgeons use saline, silicone, or alternative composite breast implants placed under the breast tissue or under the chest muscles. It is usually intended for those who have naturally small breast, to make the breasts be more symmetrical, and restoring breast size (caused by childbirth, weight loss, breastfeeding, breast cancer, or other conditions that damaged the breast).
Women considering having breast augmentation should be careful, though. Because of the demand for such surgeries, many fake or unlicensed doctors and surgeons have started doing the procedure, risking the health of many women not only in the United States but around the world. Many of these surgeries often result to dangerous medical mistakes that put the health of the patients at great risk. Choosing the wrong doctor without proper research or evaluation of their training and credentials could result in a medical mistake that could prove life-threatening.
Breast augmentation is a serious and risky surgery that requires professionals that know what they are doing, and are very familiar with the risks and fragility of the procedure. Some dangers that can come about from bad breast augmentation are infections, necrosis (where tissues around the implants die and cause lasting scarring and deformities), and synmastia (the implants pull the skin away from the breast bone). Many patients have also reported loss of sensation and large hematomas that require surgery.
Making the right surgeon for breast augmentation would greatly lower the chances of getting any type of medical mistake. Understanding how the procedure works, and knowing the right questions to ask would help in making sure the surgeon is properly qualified to do the procedure. Additionally, find the one that provides a certain level of trust and comfort, as rapport can ease the nerves and provide positive input to get the best results.read more