If you have been charged or convicted of a criminal offense, you will likely be familiar with just how difficult it is to start over anew. Even after fulfilling all legal obligations tied up to your offense, having even the smallest blip in your record can prove to be a painful hit to your reputation. In Texas, particularly, having any type of criminal records will make it difficult to pursue several different opportunities, especially those that have something to do with employment, education, and finances.
Thankfully, the Texas Code of Criminal Procedure provides a legal avenue for particular individuals that may be stuck in this conundrum. Through the process of expunction, you can have your criminal record cleared by the court. Those eligible for record expungement are given the freedom to file a petition in any court that’s in the same county where the arresting offense took place.
Because expunction involves making such a drastic change on one’s record, it follows that not everyone will be able to petition for such an opportunity. The court’s decision may vary depending on the specific circumstances of a given case, but record expunction is typically saved for individuals that were charged but not convicted of a criminal offense, as well as those that were wrongfully convicted or pardoned by the state. Individuals with certain juvenile offenses and misdemeanors may also file to get their records clear.
Barring special circumstances, record expunction may be the best option to help you move on from a mistake you’ve already worked hard to atone for. A criminal offense shouldn’t be a barricade to a person’s ability to grow and contribute to their community. If you believe that going through this process can be advantageous for you, don’t hesitate to contact a Dallas expunction lawyer or any qualified attorney working in your area.read more
Having car insurance is a requirement in most states. But some people find insurance policies an expensive one. However, according to the website of Zavodnick, Zavodnick & Lasky, LLC, driving without insurance can be even more expensive. Finding affordable car insurance is easier nowadays thanks to the Internet. All it takes is a little research and you are on your way to finding the right car insurance rate for you. Here are some tips on getting the best car insurance:
1. Shop around for the best rate
Do not set your mind on the first insurance company that you talk with. Bear in mind that the first company is not always the best. Scout around for two or three insurance companies and then choose the best one for you.
2. Maintain Good Credit
Your credit score can have a huge impact on the determination of your insurance rates. Insurance companies correlate bad credit with the likelihood of making a claim.
3. Get A High Deductible
Getting a high deductible is one of the ways to reduce your car insurance premium. Just make sure that you can afford to make an out-of-the-pocket payment if you get involved in an accident.
4. Avail Of Discounts
If your car has safety features such as anti-theft, anti-lock brakes, you might be entitled to receive discounts on your insurance policy. Likewise, if you have enrolled in a defensive driving course, you may also be entitled to receive discounts.
5. Get Only Coverage That You Need
If you are driving an old car, you might not need a wide range of coverage. According to the Insurance Information Institute, you can save on money by dropping collision and/or comprehensive insurance.
6. Think Safety
Your objective is to avoid as much as possible to receive speeding tickets or get involved in accidents. By doing so, you can increase your chances of getting reduced rates on your insurance premiums.read more
Alzheimer’s disease is a serious mental disorder that commonly affects elder adults. Depending on the severity, a person with Alzheimer’s requires proper care and monitoring for him or her to prevent suffering further injuries.
Though certain factors like age, family background, genes, and particular race were linked to Alzheimer’s disease, medical experts and scientists are still working to fully understand this common type of dementia and how to possibly cure it. As Alzheimer’s greatly disrupts the cognitive functions of the brain, an elderly suffering from such disorder is vulnerable to many dangers around his or her surroundings if he or she is living alone. There are actually some elderly with early stage of Alzheimer’s who can manage to live independently. However, as their mental disorder progresses, they should be closely monitored and assisted virtually every day. Persons with Alzheimer’s according to SeniorAdvice.com are often prone to wandering that may put themselves at risk.
Elderly who are suffering from Alzheimer’s and are living alone are at risk of dying from starvation as they might completely forget eating meals. If the memory loss becomes severe, elderly may not know that they are actually putting themselves into great danger. An elderly suffering from other illnesses may worsen his or her condition if he or she is completely missing taking medications due to Alzheimer’s. As elderly with Alzheimer’s often completely forget to maintain proper hygiene they are prone to other health issues. Aside from serious injuries, property damages may take place if a family let a relative with Alzheimer’s to live alone. It is not advisable for individuals with Alzheimer’s to live alone as their anxiety and depression may worsen and tend to inflict harm to themselves.
If the safety of elderly with Alzheimer’s is already a great concern, their families might consider bringing them to a memory care facility. This kind of facility is very similar to nursing homes only they are designed to meet all the needs of elderly who are suffering from any mental disorders.read more
No matter how unsettling, it is a proven fact that vehicle accidents are a common occurrence all ove the USA. A large number of those reported incidents resulted in fatalities and severe injuries.
As said on the website of the Sampson Law Firm, one of the most typical causes of these devastating automobile accidents is distracted driving. In accordance with Distraction.gov, a site set up by the United States Department of Transportation and NHTSA, deflected driving has led to 3,154 fatal accidents in the year 2013 alone. The main cause of these injuries was the fact that drivers were texting on their cell phones.
The United States Department of Transportation is currently planning attempts to curb cases of distracted driving. Nonetheless, their efforts may be futile as the community may not be aware of the dangers of driving while distracted. Victims may end up enduring long-term injuries, like whiplash and traumatic brain damage. Not only does this problem cause serious danger of injury, but there are too many reported instances of distracted driving leading to fatalities. Every driver should make certain that all roads in the United States are kept safe for all.
The Centers for Disease Control and Prevention (CDC) defines distracted as doing another action that triggers you to split your focus. You will find 3 types of distraction that takes place behind the wheel, as posted on their information site. Manual distraction happens when drivers take their hands off the wheel. Ultimately, situations when a driver begins to absent-mindedly operate their vehicles are included in mental distraction. The use of mobiles is particularly alarming because it includes a mix of all three of the scenarios.read more
Vehicle safety is something every driver values and aspires to. However, the most careful drivers cannot avoid an accident if the roads they drive on are defective. Some of the most dangerous accidents that result from these circumstances are due to highway defects.
According to the website of a Tennessee personal injury lawyer, some common highway defects include: “shoulder drop-off, water pooling potholes, uneven pavement, lack of signs, lack of guardrails, objects on roadway, construction negligence, and municipal negligence.”
A shoulder drop off or uneven pavement occurs when there is a significant elevation change in between two different lanes of vehicles. This often happens when a road is resurfaced without raising the height of the shoulder to match the new pavement. This is dangerous for two reasons: the uneven ground is hazardous for vehicles, and the shoulder remains unsupported, which can lead to cracking and in severe cases shoulder failure.
Water pooling pot holes occur when a pothole, or a sizable dent or drop in the roadway, fills with water. This can cause vehicles to get stuck in the potholes more easily, because they are harder to spot and are often deeper than they appear. The water makes it more difficult for the vehicle to gain tread and make its way out of the pothole. These can be very dangerous and lead to severe accidents.
Lack of signs, guardrails, and objects or construction that have been neglected in the roadway should be reported to your local city council.
Effects of an accident due to a highway can be permanent and life threatening. Unfortunately, in many cases, defective highways result from the negligence of another party, such as city municipalities. If this is the case, certain damages may be owed to the victim of such a resulting accident.read more
Despite the ongoing debate on the legalization of marijuana in the U.S., the implementation of penalties for marijuana-related violations has become increasingly assertive in recent years. According to the American Civil Liberties Union, marijuana-related arrests make up for over half of all drug arrests made in the country. Between the years 2001 and 2010, a total of 8.2 million arrests were made for marijuana-related violations. More than that, about 88 percent of these arrests was made for simply being in possession of marijuana.
Even when over 50 percent of Americans support the legalization of the drug, state laws in majority of the country still hold harsh punishment for any marijuana-related violations. Texas is among the many states that have yet to legalize any use of marijuana.
As pointed out by a law firm focused on criminal defense in Houston, anyone found with even a small amount of marijuana anywhere in the state of Texas could face marijuana possession charges. These charges could lead to penalties that differ in severity, depending on several factors. However, the determining factor is usually the amount of marijuana found in an individual’s possession.
A person carrying 2 ounces or less could face a misdemeanor charge that entail up to 180 days in jail and a maximum $2,000 fine. The possession of 2 to 4 ounces of marijuana is also considered a misdemeanor. Convicted individuals may face up to a year in jail and pay a maximum fine of $4,000.
The possession of more than 4 ounces of marijuana is already considered a felony. Anyone with 4 ounces to 5 pounds could be penalized with 180 days to 2 years in state jail and a maximum $10,000 fine. Meanwhile, having 5 to 50 pounds of marijuana can lead to a fine of up to $10,000 and 2 to 10 years in prison. At 50 to 2,000 pounds of possession, convicted individuals could face up to 20 years in prison and pay a maximum fine of $10,000. Finally, possession of more than 2,000 pounds of marijuana can lead to life imprisonment and a fine of up to $50,000.
It’s easy to conclude that a marijuana possession charge is something that can’t be taken lightly. Individuals caught for being in possession of this highly-contested drug will have to face severe consequences that could have long-lasting effects on their lives. If you have been arrested for marijuana possession in Texas, it’s important to seek legal counsel from criminal defense experts and learn about the options you have.read more
Signs of cerebral palsy (CP) may not be as obvious as most people believe; in fact, many babies do not exhibit the signs or symptoms of cerebral palsy at birth. Parents and/or caregivers can detect the signs and symptoms of cerebral palsy as the baby grows, such as being unable to roll, sit, crawl, and walk at ages expected for them to be. Although it have been established that the brain injury that causes cerebral palsy does not worsen over time, it can still impede and affect the life of the child, even creating other health complications as the baby gets older.
A child who is suffers from cerebral palsy can have a healthy and long life provided that the associative complications of CP are effectively managed, all while practicing a healthy lifestyle and with proper medical care. There are generally eight factors that can affect the lifespan of a child living with cerebral palsy. It is important for parents to know these factors so as to prevent them from further upset the health of their child. The first is the level of the CP’s severity – severe impairment can increase chances of early death for those who have CP because it can indicate a deeper health condition such as significant brain injury. Another is the number of key disabilities and impairments – if a child is suffering from a great amount of impairment, it may require more attention and management from the caregiver.
Restrictions in mobility is another factor – a child severely restricted in their movements may become dependent on their caregiver and with immobility the injury can worsen over time. Seizures and cognitive functions are other factors that can affect the life spans of a child with CP. These can further cause serious brain and body damage and even cause death. The issue of feeding difficulties is another thing to look into – those with limited mobility and even problems with basic feeding functions (such as chewing, swallowing, and communicating) are at higher risk of complications from choking, asphyxiation, and infection. They may even suffering from respiratory issues because the respiratory distress often leads to life-threatening heart problems, pneumonia and other conditions. Lastly, children with CP can suffer from impaired vision, although it is present in severe CP cases.
Because of the health risks that a child can experience from cerebral palsy, many parents who have filed lawsuits against doctors and hospitals after determining their child has CP. Many of these lawsuits claim that negligence on the part of the medical professionals, particularly during the birth of the child, caused the cerebral palsy. The cost of treating cerebral palsy can be physically, emotionally, and financially draining for the families living with CP, which is why contacting a Chicago cerebral palsy lawyer is one way to understand their options for compensation against the medical professional responsible for the condition. Cerebral palsy is a lifelong condition, and although those who have it can live a long life, they will still experience the social and emotional burdens that the condition causes. With the opportunities limited, many people with CP suffer from a low quality of life.read more
Social security disability benefits are often considered to be applicable only for those who are going into retirement. Although this is generally true, it is not exclusive to people who have been employed all their lives; anyone who meets a certain criteria can be eligible for social security disability benefits. According to the latest data, about 52 million people in the United States were covered in SSD benefits, with the majority of the beneficiaries being 65 and older. Disability is the next leading reason behind the SSD benefit claims.
In order to determine whether you qualify for social security disability benefit, the SSA (Social Security Administration) utilizes both the criteria for medical disability as well as the non-medical. If you are planning to apply, the website of the Hankey Law Office says that presenting strong evidence that you are medically disabled can help your case. It is also important to prove that you have obtained enough work credits that would qualify you are “insured” under the SSDI program. If not, your income and assets should be low enough to qualify you for the SSI program.
Those who have qualified as disabled under the criteria set by the SSA are under the same ruling guidelines as retiree if they wish to apply as a recipient since there is no difference in the coverage. It can be confusing for the general public to understand how the process and procedures for SSD benefit claims go, which is why it is wiser to first consult a lawyer. Word of advice – don’t take SSD benefits unless and until you are 100 percent sure you want it. Many people who have applied for disability benefits have been denied, and it can only be a waste of time and money. When it comes to disability benefits from Social Security, age can be a major factor; claims from those who are older are processed differently than claims for children. It is best to talk with your lawyer and the SSA in your state to fully understand your rights for SSD benefits.read more
When you are considering of filing a divorce and bankruptcy, it is important to know that timing plays a crucial role in a successful result. Because bankruptcy is regarded as more of a priority than divorce, it often wiser to file for bankruptcy first then divorce after it has been finished. Divorce is often cited as one of the leading reasons for bankruptcy, which is why it is vital to plan ahead in order to prevent both legal processes from getting tangled and complicated. There are factors to consider whether you plan to file for bankruptcy before or after divorce, such as your place of residence, the amount of property and debt, and the type of bankruptcy that you will be filing.
The decision on the divorce can be delayed until the distribution of the assets and liabilities of both spouses are resolved. Additionally, managing debts considers the debtors social security number as well as the marital status when treating individual income. As outlined on the website of Marshall & Taylor, filing for bankruptcy is different for an individual as it is for a couple. You and your spouse should decide whether you should first file for a divorce or a bankruptcy, and not do both at the same time.
If you and your spouse have both agreed for a divorce without any conflicts, then it can be a good option to file for bankruptcy first before considering divorce. A joint bankruptcy filing can address all the debts are one; it would raise the exemption amount and wipe joint debts collectively. It will also dispose of contracts that you both don’t want. Filing for bankruptcy while married can also increase chances of qualifying for a Chapter 7 bankruptcy, especially if one spouse makes than the other. With this, you and your spouse can get rid of unsecured debts that can make the divorce proceedings easier. In the event of a Chapter 13 bankruptcy, you and your spouse are liable for the repayment plan and are also blocked from dividing your assets by sale.
Should you and your spouse prefer to file for divorce before filing for bankruptcy, the website of Ryan J. Ruehle says that good planning could increase chances of certain assets being out of the bankruptcy trustee’s influence. A divorce before bankruptcy would be advantageous if the combined income of both you and your spouse is too high for a Chapter 7 bankruptcy. Likewise, certain aspects of the divorce can have an effect on the bankruptcy, such as having support considerations.
When deciding whether to go with divorce or bankruptcy first, also consider the cost or expense that you and your spouse would likely spend. A joint bankruptcy can cost less than filing them separately, and certain considerations cancbe given when filing for divorce first. In order to understand which choice is best for you and your spouse’s situation, best to consult with a lawyer. They can help evaluate each of your circumstance and advice on what option would work best.read more
Insurance bad faith is a claim filed against an insurance company – either yours or the other party’s insurance company – once they have been proven to have failed in following their legal responsibilities of negotiating in good faith. An insurance company may act in bad faith if they are negotiating in an unfair manner, such as when they offer a lower settlement than the actual damages, or if they have done something to interfere with your capacity of pursuing the claim (tampering or withholding evidence or the like). If there is evidence of blatant evidence of egregious conduct, finding a Dallas insurance bad faith lawyer and the insurance department of your state to file a claim.
It is important to hire a lawyer for an insurance bad faith claim because it is difficult to prove that the bad faith claim is valid. The main concern in an insurance bad faith is the dispute regarding the amount of settlement: if there is doubt regarding the liability in the claim and there are still disputes regarding the facts of the claim then it may be dismissed by court. If facts regarding the accident have been established and the person-at fault of the accident has been identified, then contesting a settlement due to insurance bad faith is valid.
The plaintiff in an insurance bad faith claim can recover for certain damages. One of damages that can be compensated is the amount of the initial claim of the plaintiff (the policy coverage that the plaintiff is insured with). Another is the “consequential” damages that cover for lawyer’s fees and amount of judgment, along with cost of pursuing the lawsuit. There are courts that even allow for compensation for emotional damages, if the plaintiff can provide evidence that the emotional distress was severe. Punitive damages are only given if the insurance company was recklessly or intentionally acting to harm the plaintiff.read more