Sunday, May 9, 2010

How to Use Google to Search For Government Court Record Databases

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If you’re looking to search for court records then there are a number of ways you can go about it. Some can be time-consuming, while other ways will get you the information you require much quicker, and often with much less hassle. In this article, we’ll go over just two of main ways in which you can obtain court records.

The first way in which you can obtain records is probably one that has already occurred to you, and this is to obtain the records directly from the courthouse where they were originally. Many courthouses maintain an archive of all the court cases that have been filed within the courthouse’s jurisdiction.

Direct, certainly; but the one disadvantage of obtaining court records this way is you may not know which specific courthouse to contact. This way is often also very time consuming, and it can be tedious having to visit several courthouses for information on past and pending cases regarding a specific party.

The second option is to use Google to perform a search on court records for a particular state, for example “Alabama court records”. Google, being a search engine; crawls the web and “indexes” webpages it finds every single day. These pages will inevitably be relevant to user’s search queries, so if the information is out there; Google knows and will point you in the right direction if you simply search for it.

Often when using this approach Google will provide results consisting of links to relevant government websites from which you can search in more detail. More often than not, these websites provide public access to digitized court records, allowing you to search often by name, case type and case number. This should provide you with the information you need.

Using this same approach, you could try breaking down you search to a specific county or city/town. You could even use this approach to search for other types of public records as well. For example, you could use it to search for prison/inmate records, sex offender records and criminal history records.

There you have it, the two main ways to go about obtaining court case information, but; there is also a third way, and that is to use an online service which provides you with access to their proprietary databases, which often contains court files from courts nationwide. These services obtain court records in bulk, and it is worth performing a search to see if you get a match. A fee is normally required for access however.

Saturday, May 8, 2010

Is it Possible For You to Beat a DUI Without a Lawyer?

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Do you want to go to court and fight your recent drinking and driving arrest, but you do not want to hire an attorney to help you? What are the real chances that you can beat a DUI without a lawyer? There are many things that could happen if you do not have an attorney and you need to know what you could be facing.

In most areas if you go to court to fight your DUI and you do not hire someone to help you it could mean that you will get much closer to the maximum penalties. This could mean a few months in jail, a year or more of a license suspension, and many fines that go along with your jail time and your suspended license.

So, is it possible that you could beat a DUI without a lawyer? Some have so it is possible, but it is much more difficult if you do not know what you are getting yourself into. There is a great online guide that you can get for a very cheap price that has a lot of tricks in it that have been used to get others out of drinking and driving offenses.

The main thing is that if you are not smart enough to go to court with a lawyer to fight your DUI chances are you will not get out of it. Those that go to court for this type of an offense without a lawyer usually end up spending more time in jail and they usually end up with harsher penalties.

What Are the Residence Requirements to Apply For US Citizenship?

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U.S. citizenship requirements states that, you can obtain U.S. citizenship either by birth or by law. You acquire U.S. citizenship by birth, if you were born in the U.S. or if your parents are U.S. citizens. Obtaining U.S. citizenship by law is through naturalization.

Per USCIS, you must meet the U.S. citizenship requirements to apply for citizenship. The U.S. citizenship requirements include the continuous physical presence requirements and certain general requirements.

U.S. citizenship requirements

To be eligible for U.S. citizenship, the following U.S. citizenship requirements should be satisfied:

  • You should be at least 18 years old.
  • You should be a lawful permanent resident of the United States.
  • You should have resided in the U.S. for at least three to five years and half of the time should be spent in the U.S.
  • The U.S. citizenship requirements states that, if you are married to a U.S. citizen, you can apply for U.S. citizenship after three years of residence in the United States. All others can apply for citizenship only after five years.
  • You have resided in the U.S. from the time you filed your application for U.S. citizenship.
  • You should take an oath, that you are attached to the U.S. constitution.
  • You should have proficient knowledge and fluency in English.
  • You should have knowledge concerning the history, role and functioning of the U.S. government.
  • You should not be involved in any crime.
  • You should meet the continuous physical presence requirements

Continuous physical presence requirements

If you are married to a U.S. citizen, the following continuous physical presence requirements should be met:

  • You should live physically with your spouse.
  • You should have lived together with your spouse for at least three years before you apply for U.S. citizenship and take the naturalization examination.
  • You should have been physically present in the U.S. for at least 18 months.
  • You should have been residing continuously for the past three months in the state from where you will apply for U.S. citizenship.
  • Your spouse should be a U.S. citizen during the period you have applied for citizenship till the date of examination.

The following are the continuous physical presence requirements for those who are not married to a U.S. citizen:

  • You should have been physically present in the U.S. for at least 30 months.
  • You should have been residing continuously for the past three months in the state from where you will apply for U.S. citizenship.

Physical presence is different from Continuous residence. Physical presence is the number of days you were physically present in the U.S. Continuous residence is the time you resided lawfully in the U.S. without any long absence. If you are physically absent from the United States for one year, you will lose your continuous residence requirement, unless the absence is excused. The U.S. citizenship process is not easy, you have to meet the above requirements to be eligible to apply for citizenship.

Friday, May 7, 2010

Criminal Defendants on Trial - Conducting Discovery

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Years ago, American courts generally allowed little or no discovery to be given to persons charged with a crime. Today that has changed. The federal court and all of the states now have rules that permit completely open discovery. This is one of the due process rights that makes America stand out as a beacon of bright light among most other criminal justice systems in the world today.

Under the landmark case Brady v. Maryland, 373 U.S. 83 (1963), the Constitution of the United States requires the prosecution to openly provide all material that could contain exonerating evidence helpful to the Defense. In addition, the federal Freedom of Information Act [most states have enacted equivalent statutes] permits the open discovery of information contained in public records. If the police officer went through a disciplinary proceeding for falsifying police reports, for example, that must be made available to the Defense. Modern criminal discovery rules now permit the criminal defendant the same access to material and openness of Discovery that has traditionally been available to civil litigants.

Receiving Discovery from the Prosecutor

Very early in the pre-trial phase of your case, the Assistant State’s Attorney will submit a list of witnesses with their names and addresses. Before trial, they will also provide copies of the police reports and a list of real or physical evidence collected by the crime scene investigators. This begins the Discovery process. Your attorney should review this list with you. You will be able to add the names of other witnesses who might help your case. You can also provide the attorney helpful insight into those persons whom the State has listed as its witnesses.

The State will also indicate if it possesses any documents, photographs, DNA, fingerprints, ballistics material, or confessions of the defendant or co-defendants, etc. Your attorney will meet with the prosecutor to look at and review all of these items before trial. The basic purpose of the modern liberal Discovery rules is to avoid surprises at trial. Each side should be fully aware of what is coming so they can adequately assess their case and the chances of success before the trial begins.

If the State fails to provide certain items of Discovery, your lawyer will file a motion alleging a Discovery violation. The Judge will have to determine if the violation was

(1) deliberate by the State;
(2) whether it was a substantial violation; and
(3) whether it prevented adequate preparation to the Defense. In Florida, this is known as a Richardson hearing from the case Richardson v. State, 245 So.2d 771 (Fla. 1971).

This process will prevent the State from calling witnesses at trial that were previously undisclosed to the Defense.

Obtaining Crime Scene Photographs

A picture is worth 1000 words! You have heard that old adage many times before. Selected photos can fix the image of the crime scene in the jury’s mind better than long explanations by the attorneys and their witnesses. For instance, the witness may say she saw the defendant backing out of the apartment door shooting into the apartment where two victims were found shot to death. However, photos clearly show the victims had fallen face down with their heads towards the apartment door and away from the sliding glass doors to the rear of the apartment. Additionally, the autopsy photos show they were both shot in the back. Here the photos are the best cross-examiner of the State’s “key witness.”

It would be wise for the Defense to get color copies of all of the crime scene and other photos well before trial. It would be even wiser to send the Defense investigator to the scene to take more photos that might present a more accurate view of the geography of the crime scene.

Taking Depositions of Witness Testimony

Today many states follow the federal rule that does not permit the taking of pre-trial discovery depositions in criminal cases. Usually in those jurisdictions, however, a preliminary evidentiary hearing is permitted. That gives the Defense a pre-trial opportunity to question the witnesses.

Florida presently permits pre-trial discovery depositions. This is a helpful tool. In states that still allow depositions, there is no excuse for the Defense not being fully prepared by the time the jury trial starts.

The attorney will probably tell the witness, “I was not present at the crime scene. All of the information that you have about this crime is in your mind and this deposition is to let the attorneys get your information into our minds. That way we can better assess our respective case. Will you help us to do that?” This helps to put the witness at ease so they will open up to fully describe what they observed and know about the case. It also allows the attorney and witness to reach common ground before the pressures of trial set in. What the witness is not told is that the most effective tool of cross-examination is the prior inconsistent statement. If the witness testifies differently at trial than they did in the deposition, a skillful trial attorney will focus the jury’s attention on these inconsistencies. The attorney will be quick to point out that the witness may not be telling the truth in their trial testimony. This can be devastating if artfully presented.

Conducting an Evidence Review

Experience shows that very few Defense attorneys actually conduct an evidence review. This review is a set time to go to the police evidence locker and open every package of crime scene evidence so that it can be observed and photographed before trial. If an attorney doesn’t do this, he will only see the evidence for the first time as the prosecutor is entering it into evidence. That is way too late. It is a failure to adequately prepare. It could be basis for an ineffective assistance claim later against that attorney. How many trials could have been won or even completely avoided had the attorney done this evidence review with his investigator before announcing “ready” for trial?

Working Closely with the Private Investigator

From the above discussion, you can probably tell how exceedingly important it is for the criminal defense lawyer to hire and work closely with an experienced private investigator. If your lawyer says that he will not need to employ an investigator in your case, get another lawyer who will. Lawyers are very educated in the law. They read, they study, they analyze and they debate about issues with other lawyers and judges. However, they are not often street savvy. A good private investigator is street smart. A lawyer is probably not going to conduct surveillance in a bad neighborhood at 2:00 a.m. and may not be comfortable knocking on doors looking for clues on an unpopular case. Lawyers need experienced investigators, and investigators need to work for an experienced lawyer.

In summary, the Discovery stage of your case can be a good indicator of whether you will win at trial. It is essential that your lawyer conduct this phase of your trial with attention to detail. If after conducting Discovery things look bleak, you should have a heart-to-heart discussion with your lawyer and family as to whether you could benefit from considering a plea bargain instead of the high stakes of going to trial.

Thursday, May 6, 2010

Common Myths About Beating a Driving While Intoxicated Arrest

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There are many frequent misconceptions concerning DWI’s. Listed below are five of the most common:

1. Loading your mouth with pennies before the breath test will help you pass. A rumor has floated around that if you suck on pennies before you take a breathalyzer, you will be able to pass the test. Let’s put this one to bed real fast, it is patently false that sucking on pennies makes any bit of difference.

2. Breath tests measure the concentration of alcohol in my blood. Actually, a breathalyzer does not measure your BAC or blood alcohol concentration. It attempts to measure the alcohol in your breath. This is then used to estimate the concentration found in your blood. The actual measurement of alcohol in your blood can only be found by taking a blood sample.

3. Drinking coffee or splashing cold water on my face will sober me right up. Nope, another one bites the dust. The only thing that will help is time. You need to let the alcohol run it’s course through your body. Ingesting caffeine or splashing cold water will make you drunk and awake at best.

4. Breath tests are 100% accurate. The truth is that there are outside variables that can effect the accuracy of the test. It is not 100% accurate. For instance, a person that is diabetic and Hypoglycemic or someone who eats fruit shortly before a breath test can effect the outcome and results of the test.

5. Any attorney can defend a DWI offense. Getting charged with a DWI is a very serious offense. It is important that you seek the guidance of an attorney that has had experience with handling DWI’s. The consequences for a DUI can include a suspended license, increased insurance rates, probation, community service, even jail time. It is important that you take the charge seriously and speak with a DWI attorney that can help you.

How to Submit Your I-130 Application

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You have decided that you wish to stay in the United States! Yea! Once you have completed the I-130 form, it is time to start getting together everything that you will need to become a Legal Permanent Resident (LPR). The very first thing that you will need is to have a sponsor. I will speak to family immigration, that is your sponsor will be a family member. On the government forms, they speak of two people. Those are the Sponsor (who is already a citizen or Legal Permanent Resident), and the Beneficiary (you, the person who wishes to become a Legal Permanent Resident, and possibly citizen).

If you are being sponsored by your spouse (husband or wife), then you must prove to the government that you are in fact married. You will need your marriage certificate. If your marriage certificate is not in English, then you will also need a certified translation of your marriage certificate also. If either of you have been married before you will need those certificates as well. You will need to provide proof that your previous marriages were legally ended in your country.

If you are bringing your children into the country, you will need proof that they are in fact your children. Birth certificates, in your language and certified translations into English. If your children are adopted, you will need to meet some additional requirements. In addition to these documents, you will also need two passport style photographs of yourself, to submit with the application.

Where you must file the paperwork depends on your sponsors residence. If your sponsor lives in Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Wisconsin, or Wyoming and you are filing only Form I-130, mail the petition to the USCIS. The address is as follows:

USCIS
P.O. Box 804625
Chicago, IL 60680-4107

If your sponsor lives in Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, West Virginia, or District of Columbia and you are filing only Form I-130, mail the petition to the USCIS. The address is as follows:

USCIS
P.O. Box 804616
Chicago, IL 60680-4107

It can be pretty quick and easy to get your I-130 filed. Don’t be frightened by the strange words, it just takes a little time to get used to how the government forms work. Use the Internet to make submitting your form easier.

Wednesday, May 5, 2010

Bringing Your Family to the US Permanently

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Getting a green card is relatively easy. U.S. immigration law allows U.S. Citizens and Legal Permanent Residents (LPRs) to bring their spouses, children, and parents to the US and to help them to gain LPR status–and eventually, Citizenship. In certain cases you may also bring your siblings; the waiting list for siblings, however, is quite long. Of course, the process does require some time and effort, and that is where many do-it-yourself aids can be especially helpful.

Filling in the I-130 form is the first step, but be advised: you must be careful to fully understand the words used on the form! This and other immigration documents are written to apply to anyone who wishes to immigrate to the U.S.-anyone from around the world. Such documents can be very difficult to understand, even for native English speakers. So do you need an attorney’s help? No, not if you are willing to spend time and effort. And you must also spend money: the filing fee that you must submit with each completed I-130 form is $355.00, that is, Three Hundred and Fifty-Five U.S. dollars. Be prepared to spend about $1,500–which is One Thousand Five Hundred U.S. dollars–in filing fees to complete the immigration process for each family member.

In addition to the filing fees, you must agree to support each family member at 125% of the U.S. poverty rate, unless your relative can support him- or herself. Why is this? The U.S. government wants to be sure that your family will not become a financial burden to it, through excessive use of government services. What else will you need? Patience! Working through the government’s process is slow. But imagine the reward: you and your family will be re-united!

Can you complete the paperwork yourself? Yes, but only if neither you nor your family member has ever been arrested. However, if either of you has any history of legal problems, you should consult an attorney. If your family member was ever arrested in his or her home country, or detained by U.S. Immigration or by Law Enforcement, then you must be very careful to completely disclose this information on the application. It’s crucial that you seek the help of an attorney to be sure this is handled properly. If the problem has been completely resolved in court, then immigration for your family member is still possible.

Tuesday, May 4, 2010

Public Records - A Great Advantage

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it is very important for all of to know the kind of people we deal with everyday, the people of our community, our newly made friends and people from our neighbourhood. In this case public records give you the greatest advantage ever as far as finding out information on the public is embarrassed and concerned. All what you require is a knowledge of all the reliable and good websites where you can carry out the information finding according to your needs.

public records are not really a new phenomenon since government agencies and responsible government departments keep archives of public information that is accessible and reachable by all. Public records provide a great advantage to all those who are seeking to know about people around them or to search their loved ones through these records.

over the years public records have been part of the online databases and there are many websites which have developed and organised these websites and archives. The creation of database has made life easier for those who want to search for all the relevant type information. You just have to enter the first and the last name of the person whose background information you want to find and the website will present you with all the fundamental and necessary information that is available on that individual.

moreover, there are many kinds of websites that are based on public records and therefore can be accessed very easily. Some of these websites might not contain all the relevant information and thus there are a number of websites from which you can collect this information.

online database on public records that are available easily are a great relief for the public in general. Every time you make an online transaction with bank for example, or give your information for a credit card , pay up a bill or sign up for a work and utility, all your impertinent and personal information is stored. This additional information to your background is known as paper trails, thus each time you make changes or update your impertinent and personal information anywhere, and you will end up leaving a trail with the database.

on the whole, internet databases allow you acquire any extra information that you might need on the person by giving you additional background data and any information that is updated by that person in particular. For even more comprehensive results you should have the date of birth of that person as well, social comfort and security number and presence and address. In any case, if you enter the maximum information on that person you will get more background information. Also, always use a upright and credible and dependable source to ensure the comprehensive and accurate findings in your search.

Sunday, May 2, 2010

Felony DWI

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in most cases, if an individual is charged with a dwi (driving while intoxicated), their crime is described and classified as either a class a or class b crime and misdemeanor, depending on their causes and circumstances. However, if an individual has already been convicted of prior dwis, they may receive a felony dwi. Additionally, if there was a passenger under 15 years of age in the vehicle, an intoxicated driver may be charged with a felony dwi for child endangerment.

duis versus dwis

many people jumble and confuse duis (driving under the influence) with dwis (driving while intoxicated). While both crimes pertain to driving while under the influence of a mind altering drug, the repercussions of each are quite different.

in the state of texas, there is a zero tolerance policy for underage drinkers. If you are not yet 21 years old, and an officer proves that you were under the influence of any amount of alcohol (via breathalyzer test or other means), then you will be charged with a dui, even if your bac (blood alcohol level) was underneath the legal limit of. 08. A dui is described and classified as a class c crime and misdemeanor.

a dwi, is considered a more sedate and serious offense. In texas, anyone over the age of 21 may be considered intoxicated if:

they do not have normal use of their physical and/or mental faculties due to the presence of alcohol, drugs, or directed and controlled substances in their organization and system. This includes prescription medications that may impair one’s driving abilities

they have a blood alcohol level (bac) that reaches or exceeds. 08. This can be determined by a breathalyzer test or a blood sample.

in texas, police officers have the capacity and ability to charge a driver with a dwi even if their bac is beneath the legal limit.

differences in sentencing

depending on the causes and circumstances surrounding your charge, you may be charged with a dui, dwi, or a felony dwi.

duis are described and classified as class c misdemeanors, the least severe charge. Punishment typically consists of a $500 dollar fine and license suspension with community service.

first offense dwis are generally described and classified as class b misdemeanors. The repercussions of which consist of a fine of up to a 2,000 dollars and up to six months in county jail. Generally, however, a first knowledge and conviction will not require jail time, but probation for up to two years. Probation in texas has many requirements such as dwi programs, community service hours and other conditions that the court may require.

a second dwi knowledge and conviction is considered a class a crime and misdemeanor and is punishable by up to one year in the county jail and a 4,000 dollar fine. Second and subsequent dwi convictions also have a mandatory driver’s license suspension requirement, which may vary from six months to two years.

a third or more dwi is a third degree felony with a punishment swoop and range of two to ten years in prison and up to a 10,000 dollar fine. Second and subsequent dwi convictions also have a mandatory drivers license suspension requirements which vary from six months to two years.

if an individual is driving while intoxicated and a child under the age of 15 is in the car with them, the driver may be charged with a felony dwi, as well. Punishments are equivalent to a third degree felony.

Friday, April 30, 2010

Visa 457

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the 457 work visa program was introduced by the australian government some time ago although recently the authorities have been forced to change the terms and conditions of this program after criticism from the domestic workforce. So what exactly is a visa 457?

the 457 working visa allows companies trading in australia to bring in transitory and temporary staff from the overseas to assist with setting up a new office, setting up a new contract or generally assisting with the running of their australian operation. It has proved to be very helpful to companies moving to australia, allowing them a method by which to bring in staff who are fully trained up on their systems and their way of trading.

problems with the 457 working visa

one of the main problems regarding this visa organization and system is the fact that government authorities believe some overseas agents may well be abusing the service. A 457 working visa will also allow the recipient to bring their family to australia who will also be able to work in the country and possibly apply for dominant and permanent residency in due course. It is perhaps easy to see where the potential abuse of the organization and system comes in when you consider the conditions attached to this particular visa.

changes to the visa 457 system

the australian government decided to change the visa organization and system in october 2007 effectively reducing the number of recruitment companies who could bring in short-term staff. This allows the authorities to keep more agitate and control of the organization and system but it has also led to a shortage of skills in complex and various areas of the australian economy. This shortage of skills has pushed remuneration packages higher and higher for those who gain entry to the country – often to the detriment of the domestic australian workforce.

australian immigration

australia has for some time had one of the more user-mutual and friendly immigration programs in the world and this has assisted the australian economy for many years. The potential to apply for dominant and permanent residency after receiving a 457 visa is in gusto and effect a reward for helping the australian government and helping australian-based companies trade as profitably and efficiently as possible.

conclusion

there is no confession and doubt that without the visa 457 organization and system life in australia for new companies would be much more difficult and it would take much longer to bed down a business. While the unions and the domestic australian workforce are obviously embarrassed and concerned about the prostration and loss of jobs to overseas workers, in the long term we should see these skills transferred to the australian domestic workforce. This may be taking a little while longer than many had hoped but there are signs of improvement and progress.

while the australian economy itself has grown significantly over the years, and continues to attract international companies, the country offers a very venerable and interesting and potentially lucrative base from which to attack the asia-pacific market. This is a fact which many companies are now taken into account and why many people believe that the australian government will need to loosen the strings on the visa 457 organization and system in due course.

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