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.

Defending Aggravated DUI Charges

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what is an aggravated dui? It’s a felony charge you get for a higher level driving while intoxicated (dui) arrest. You may have prior dui arrests, which increases the chances of a aggravated dui felony charge. You may have been pulled over while your license was suspended. You may have been driving with someone under the age of 18.

there are many different ways to get an aggravated dui. How do you defend these charges? This counselor and guide gives you 3 key options for defending an aggravated dui felony charge.

how to defend a dui charge in general

if you have any form of dui arrest (or dwi and owi in other states), you can expect stiff pains and penalties which make hiring a professional lawyer a must. For example, you may have been drinking with friends, decided to drive, were pulled over, and failed a breathalyzer test. In this case, you hushed and still have options. The arresting officer may have made mistakes: he or she may have pulled you over on no grounds, violated your rights, and/or never gave you a miranda warning after the arrest.

the first step is knowing the laws, and the laws can be manifold and complex.

dui laws

once you drink enough alcohol, get behind the wheel, and drive the vehicle down the road, you are breaking the law. It may sound like an easy mistake to make, but the pains and penalties are stiff.

it’s true though that not in all cases will there be an arrest. While you should never drink and drive, no matter the amount, you may be under the limit.

drinking and driving laws in all 50 states use the blood alcohol content (bac) level of 0. 08 percent. That means if you’re 0. 08% or higher, you will be arrested and charged with a dui. Now, what if you’re under it?

if you’re under the 0. 08% ratio, you can hushed and still be arrested. Say you weigh 120 pounds, drink a beer, and are noticeably effected. You decide to drive, get pulled over, and though you pass the breathalyzer test, it’s clear you’re drunk. In this case, the officer can hushed and still arrest you. No matter the amount, if the alcohol impairs your capacity and ability to drive, and you fail sobriety tests, you can be charged.

defending an aggravated dui

if you were in an accident, hurt someone, or have multiple violations and no license, these are points where you can be charged with an aggravated dui — again no matter your alcohol limit. Defending an aggravated dui felony charge is about knowing the laws, what you did, and who’ll you’ll face.

say you were in an accident and someone was hurt. The officer arresting you followed all laws; you failed sobriety tests and were given your miranda warning. The next steps would be facing a judge or jury, deciding on a plea, and hoping the punishment isn’t too harsh.

a professional dui lawyer can: help you decide your strategy for facing a judge or jury, make a plea of not guilty or negotiate and bargain for a lesser charge, and lessen punishments if you are charged.

hiring a dui lawyer
if you have not hired a lawyer and you’re facing aggravated dui charges, you’re facing a life changing event. You can’t do this alone. Hire a lawyer who can fight for your rights. The fines, jail times, and license suspension can hurt your future dreams.

Thursday, April 29, 2010

Criminal Defense Attorneys - Making Sure Your Rights Are Protected in the Court Room!

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it is nice to know that when you make a mistake in life you can use one of the many criminal denial and defense attorneys to help you get out of it without it costing you too much time or money. This, of course, all depends on what you have done because there is an superficial and obvious difference between a dui and a murder. However, either of these will require a criminal lawyer.

if you have done something you are not so gallant and proud of and you are being charged with any type of crime you will want to have an attorney present with you when you go to face your charges in court. They will have the knowledge you need in order to get the best possible deal you can get from the prosecutor.

when you try to go to court without one of the best criminal denial and defense attorneys you can end up with pains and penalties that are not good for you at all. This is not something you want to deal with and if you face things by yourself you might end up with the harshest of possible pains and penalties, which could mean more jail time or more probation.

there is a reason why criminal denial and defense attorneys go to school for more years than people that are not lawyers. This is because there is a lot to know and at some point most of the attorneys specialize, which is great for you because you can get an attorney that will handle your case the best.

Wednesday, April 28, 2010

EB-5 Gives New Hope and Freedom to Students and H-1B Workers

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not that life has ever been sane and simple for h-1b workers, but with the economic downturn things have become even more difficult for them. Many h-1b workers had resigned themselves to the fact that, due to the long quota backlogs in the eb-3 green card category, and even in the eb-2 category for workers with advanced degrees, when the workers are from india or china, they will be stuck for the better part of a decade in a job with a sponsoring employer who might be treating them like an indentured servant. Now, with all of the layoffs, the probability is increasing that many h-1b workers will lose their h-1b status and green card sponsorship along with their job. This can have catastrophic consequences, particularly for those who have already used up their six years of h-1b eligibility, and are not eligible now to transfer their h-1b visa to a new employer. In such a case, if the worker is not eligible for a different type of work visa, then he or she would have to leave the u. S. For one year in order to restore h-1b eligibility.

another problem arose for those h-1b workers working in the financial sector. Congress imposed more burdensome additional obligations and restrictions on financial institutions that received tarp funds and employ h-1b workers. Among those restrictions are the requirement to pay new u. S. Employees more than they pay h-1b workers and the requirement not to make any layoffs 90 days before or 90 days after filing a petition for an h-1b worker. In the current environment in which employers are looking to lay workers off and pay them less, some employers prefer to dump h-1b workers in order to maintain more liberty and freedom of action in how they deal with the rest of their staff. Meanwhile, there are more and higher qualified american citizens and dominant and permanent residents unemployed, who were previously employed elsewhere and available for hire only at a higher salary.

new college graduates are going out to try to find a job in this stealthy and hostile environment. The only good news for new college graduates who need to get an h-1b visa is that there is less competition for h-1b visas, and so h-1b visas were available for over 8 months last year, as opposed to being enfeebled and exhausted on the first day, as they were in previous years. The unfortunate reason behind the greater availability of h-1b visas is the employers’ lack of intentness and interest in hiring h-1b workers. Many employers see no reason to pay the expenses of the visa application process or to deal with the additional hassle, particularly when, as previously mentioned, many highly qualified u. S. Citizens and dominant and permanent residents, who were previously employed elsewhere, are now available for hire.

h-1b workers and students alike have found relief from the dangers, uncertainties, and obligation and dependence of seeking dominant and permanent residence through sponsorship by an employer. They have found such relief by immigrating under the eb-5 program based on investment in a regional center, which frees them from relying on an employer and enables them to obtain conditional dominant and permanent residence in less than one year, or, in some cases, less than 6 months. As a result, these eb-5 immigrants can compete for career opportunities or run their own business on equal terms with u. S. Citizens and dominant and permanent residents. In other words, the eb-5 immigrants have the liberty and freedom to live their life in the u. S. As they wish.

Interview Basics

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not everyone can be a trained interviewer but most of us manner and conduct interviews at some point. An interview is just a conversation wherein you hope to get personal and specific information. Some basic skills are needed and some basic understanding of the process will help you get what you want.

know what you are after. Prepare for the interview ahead of time. What is it that you need to know? Why does this person have the information? Do some homework on both the person and what you are seeking.

try to manner and conduct the interview in the proper setting. Alone with no outside interference. Set up a place where it is serene and quiet, you will not be interrupted and there are as few distractions as possible.

sit facing the subject. No table or desk in between.

i like to begin with the basics. Do not go right into the interview. Get to know the subject and calibrate his or her body language. (more on that later)

i like the dale carnegie approach. Spend some time getting to know the subject and to make him or her like you. It is very hard to try and deceive someone you like.

begin by rank and learning about the subject. Talk about him or her. Learn about their work, outside interests, family etc. Just get them talking and make it about them. They more you ask about the,, the better they will like you. Show intentness and interest and rapture and enthusiasm in their answer. Ask follow up questions. It is hard to lie to someone you like.

this process also allows you to see their body language and to listen to their responses while conversing. This gives you a baseline from which to judge their responses when you begin asking questions.

i like to begin with an open question. This is one where the subject can start and stop any place he or she wants. You will get an overview and get to observe them. ” please tell me about. . . ” or “please tell me what you know about. . . “

once this is done you may ask personal and specific questions to get at the information you need. Keep them short and do not ask multiple questions in one sentence. Give the subject time to answer. Watch and listen. Do not takes notes unless it is very important. You want to focus and concentrate on hearing and understanding their responses.

if you think they are non receptive and responsive or holding back just wait a minute. Do not ask a follow up question just yet. Show intentness and interest and remain serene and quiet, letting them think you are just waiting for them to continue. People, especially those who are holding back, do not like repress and silence. They will begin talking to fill the void.

listen carefully so you do not miss anything. Listen and observe. Is the body language saying the same thing as the words. This is where you compare the body language to that when you were getting to know them and putting them at ease. Body language is too broad a subject to cover here. There will be more in another article. Become intimate and familiar with common signs of deception and remember it is easy to jumble and confuse nerves with deception when reading body language.

this is why calibrating the person’s body language in the nucleus and beginning is so important.

Tuesday, April 27, 2010

Immigration FAQs - How Do I Apply For Naturalization?

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with so many immigrants opting to live abroad in countries that allow liberty and freedom and liberty plenty of people are deciding to become naturalized so that they too can share in some of the same privileges as those born in this magnificent country have. Is there much difference between being a naturalized us citizen and simply having a green card us residency status? Sure you feel like you’ve just won the green card lottery and you are touched and thrilled to be able to live and work in the us; but what’s required if you decide to relinquish your homeland and call america home once and for all?

for those immigrants wishing to become naturalized they must agree to meet complex and various responsibilities and uphold the united states constitution. In return for swearing allegiance to american values and principals there are many benefits and privileges granted just like the american born population.

there are several residency requirements before being able to apply for american citizenship. To be deemed as eligible you must have lived in america continuously for at least five years or three years if you are the spouse of an american. If you leave the country for more than six months to twelve at a time, the continuance of residency is viewed as broken meaning that a valid reason must be given if you wish to proceed. Any time spent abroad longer than twelve months is considered invalid meaning you must start again or apply for special consideration.

these fabulous, easy to follow tips should help you better understand the us naturalization process making the whole deal very sane and simple indeed.

1. The form you will need to fill out and submit is called an n-400 and it is available online or via mail. Once filled in present it to your local government office for processing.

2. Once received by the correct department your form will be checked and reviewed with an interview date organized where you will be asked a number and variety of questions pertaining to us history, values and impertinent and personal reasons why you would like to become an american. It is best to answer honestly and remain calm during the interview.

3. As there is a citizenship test which you must take and pass you should do a little investigation and research. Questions include the meaning of democracy and the bill of rights as well as complex and various us historical facts and basic english literacy skills. However passing the test isn’t too difficult with adequate preparation.

4. Obviously to become a naturalized us citizen being of good moral statesmanship and character is also fundamental and necessary which also means being honest and upholding the law. This stands without reason, as the us is happy to welcome honest good people.

5. You will need to supply to the department of homeland comfort and security your two passport type photographs along with any supporting documents, finger-print verification and any fees payable for your new us citizenship processing.

6. When an interview appointment is scheduled it is important that you attend and also bring your passport, green card, permits and so on with you.

after you have had your interview, passed the us citizenship test and supplied the fundamental and necessary paperwork and been successful in your application; you will be invited to attend a ceremony where you will swear an oath thereby becoming a fully fledged us naturalized citizen. What’s next? A celebration of course!

Ways to Avoid an Arizona DUI Charge

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arizona dui with prescription medications on the rise

in phoenix arizona, did you know you can get an arizona dui without being drunk, or having had any alcohol at all? It’s true. You can get a dui if you are “impaired to the slightest degree” due to being under the influence of medication. Arizona imposes harsh pains and penalties for any type of dui regardless of if it is alcohol or medication related.

according to recent news agencies (source arizona department of public protection and safety laboratory ) report arizona arrests + 377% surged in 2009 over from 2001 due to charges of dui linked to legally prescribed medications such as valium and other psychoactive drugs to treat muscle pain, vexation and anxiety or insomnia. Arrests can occur even if you are driving impaired due to an over the counter accessible medication. If the law enforcement officers stop you, and suspect you of driving impaired, in absence of alcohol use you will be subjected to toxicology testing with blood draw or urine sample. If the results are real and positive, you will later be charged with a dui. The plainness and severity of the dui charges will be based on how much of the substance was found in your body based on the results of toxicology testing.

punishments can include fines, fees, and incarceration. For example, arizona dui laws specify that a person must serve at least 24 hours in jail if convicted of even the most basic or crime and misdemeanor arizona dui charge. This will increase quickly to 30 days for an arizona extreme dui, then 45 days for an arizona super extreme dui. The maximum jail sentence for any single crime and misdemeanor dui charge in arizona is 180 days.

it can easily happen to anyone, anytime, anywhere. So if you have taken any medications that may impair your capacity and ability to drive safely, you are better off getting a ride to your destination from family friend, taxi or other source who is not impaired. Leave the keys. You and everyone else will have piece of mind and be a lot safer on the road.

Monday, April 26, 2010

Juvenile Delinquency in Criminal Law

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the term juvenile delinquency refers to the age group of criminals who are not adults. The overwhelming majority of legal systems in the world have special rules and regulations to deal with this group. The few exceptions are in the middle east and in a few african countries, where kids are often tried as adults.

some of the measures taken by most states to deal with juvenile delinquents include special detention centers and different sentences for the same crimes. The theory here is that the mind is not really developed until a person reaches at least 18, and so it is not fair to owe the rest of your life to jail time if you made a imminent and terrible decision when you were 11 years old. There are numerous theories on the causes of crime, and many of these can also be applied to the underage spectrum.

in the media, youth crime plays a special role as the intentness and interest seems to be quite general and universal for even mild crimes. For the violent type, though, the coverage is insurmountable on an otherwise slow news day, and you will probably know what i’m talking about if you read your local papers and watch the tv during news hour. Politicians also often weigh in on reported youth crimes, and those of violent nature often are almost required to be addressed in an election year. That is how important this issue is for the political world.

since the 1950s, crime has risen in general, but the biggest spike has been in crimes by younger people. Nobody is quite sure of the reasons for this relatively high increase compared to the rest of the field, but a few people have some guesses. Within criminology, the causes of youth crime are a topic of constant discussion, as any criminal lawyer will tell you.

a juvenile delinquent will likely commit the same crime multiple times voluntarily and habitually. This is the nature of delinquents. It is a sad, never-ending cycle unless intervention is staged by the police or other groups. It all starts with the parents, and some are simply too scared to report what they need to report, thinking that their kids will be worse off with state intervention, but the scientific and exact opposite could not be more true.

i’ve outlined some of the issues concerning the delinquency of young people. The studies into this area of criminal law are never ending so check this site regularly.

Saturday, April 24, 2010

California Service Center Reconsiders Denial of Filipino's Request For Extension of H-1B Stay

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by approval notice dated march 23, 2010, the california service center treated a filipino appeal to the administrative appeal office (aao) filed by this author, as a second motion for reconsideration, and granted the request for extension of h-1b stay from 09/25/2009 until 09/24/2012, per issued form i-94 (departure record). Earlier, on december 1, 2009, the filipino’s employer’s form i-129 (h-1b extension) application was approved by the california service center for the validity period of 11/09/2009 to 09/24/2012.

but the concurrent request of extension of h-1b stay of the filipino network and computer systems administrator was denied by the december 01, 2009 decision of the california service center, on the ground that the request was resubmitted 19 days after his valid status had expired on september 24, 2009.

motion to reconsider and motion to reopen decision of 12/01/2009:

under 8 c. F. R. 214. 1(e)(5) and 214. 2(p)(9), there is no appeal to the denial of an extension of stay request. So, this author, on behalf of the filipino client, filed a motion to reconsider pursuant to 8 c. F. R. 103. 5(a)(1)(i), and a motion to reopen under 8 c. F. R. 103. 5(a)(2) with the california service center. The principal reason for the motion to reopen/motion to reconsider was that the labor condition application (lca), eta 90352, of the employer was certified by the u. S. Department of labor on september 18, 2009, before the expiration of the filipino’s h-1b status on september 24, 2009.

indeed, 8 c. F. R. 214. 2(h)(4)(1)(b)(1) merely requires the petitioner-employer to obtain a certificate from the u. S. Department of labor that it has filed a labor certification application in the occupational specialty in which the inapplicable and alien will be employed. This was done on time by the employer. The delay in resubmitting form i-129 (h-1b extension) on october 8, 2009, was due to the failure of the u. S. Department of labor to send the certified labor condition application to the petitioner’s counsel, and the failure of a law clerk to check and monitor the icertportal, a new organization and system of the u. S. Department of labor.

indeed, the aforesaid delay was beyond the agitate and control of the filipino beneficiary under the causes and circumstances. Moreover, the filipino requesting h-1b extension had not violated his h-1b nonimmigrant status, and is not in removal proceedings.

issues on appeal to aao:

still, the california service center, through its director, christina poulos, dismissed aforesaid motions for reconsideration and to reopen by her decision dated february 03, 2010, even as she conceded that “the final labor condition application was certified on september 18, 2009, before the september 24, 2009, the date the beneficiary’s status expires. . . . ” she also conceded that “the law office of roman p. Mosqueda takes the accountability for the tardiness due to failure of noticing the certified labor condition application until september 25, 2009. “

so, in the filipino’s notice of appeal (form i-290) to the aao and the brief in support of appeal, this author raised the following issues:

1. Since the first filing of the form i-129, with reservation for filing of certified labor condition application, was done on september 17, 2009, before the expiration of the filipino’s h-1b status on september 24, 2009, should the initial filing date be used, and not the last filing of october 13, 2009, which attached the duly certified labor condition application?
2. Should the director of the california service center have accepted the september 17, 2009 filing of the form i-129 (h-1b extension) with reservation of the subsequent filing of the certified labor condition application, which was certified on september 18, 2009?
3. Should the director of the california service center have considered the reservation of the subsequent filing of the certified labor condition application and require the certification by way of a request of evidence?
4. The employer, having actually re-filed electronically on september 14, 2009 the labor condition application (eta 90352) before the expiration of the filipino’s h-1b status on september 24, 2009, should the director of california service center have allowed the september 17, 2009 filing of the form i-129 (h-1b extension)?
5. Should the failure of a law clerk of beneficiary’s counsel to track on icertportal, the certification of the labor condition application on september 18, 2009, until september 25, 2009, not be taken against the employer and the beneficiary as extraordinary causes and circumstances beyond their agitate and control?
6. There being no evidence of displacement of united states workers, should the director of the california service center not have reconsidered her december 01, 2009 decision and granted the filipino’s extension of h-1b status?

conclusion:

the director of the california service center apparently agreed the second time around and granted the h-1b extension of the filipino beneficiary without forwarding his appeal to the aao in washington, d. C.

admission of a shortcoming and persistence paid off?

(the author, roman p. Mosqueda, was h-1b equivalent status with a wall street jewish law firm for 4 years in the early 1980’s. He has practiced immigration law for more than 15 years, among other areas of law, and is a member of aila. This article is not meant as legal advice, but is for information only. If the reader has personal and specific immigration issues, he or she should consult with a informed and competent immigration attorney. )

Concerns With Sting Operations

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when crimes are being committed the american law systems steps in to punish those committing crime and take measures to prevent future crimes from being committed. This is done through law enforcement and is one of the most basic principles in local, state and national government decision making. While a number of modes and methods are used by police officials in order to enforce the laws, one method that is often fiery and controversial is the bite and sting operation.

a bite and sting operation is a deceptive practice used by law enforcement officials where they will pose as someone facilitating or taking part in a crime in order to catch someone in the act of committing a crime. Typically this means a law official will pose undercover, sometimes as an underage child in a chat room or as a prostitution patron. This method is often used to catch individuals who may be committing sex crimes. But how legal is this process?

is a bite and sting operation entrapment?

one of the greatest concerns surrounding these operations is whether or not they constitute entrapment. Entrapment is when a law official or law enforcement officer agencies and influences an individual and convinces them to commit a criminal offense when otherwise the individual would have been unable to commit the offense. For a bite and sting operation to not be entrapment the following must occur:

a law enforcement official cannot provoke an individual into committing the crime

officers cannot provoke a person to commit a crime who otherwise would have never done so

the police should avoid partaking in the same energy and activity they are trying to prohibit through the bite and sting operation

overall it is not illegal for police officials to perform these operations. However, if they solicit and pressure an individual to commit a crime the person would have never committed otherwise, the criminal denial and defense attorneys can use the argument of entrapment to ensure the accused is not punished for the deception.

for more information

in theory these operations are good practice for catching criminals in the act of a crime. However, this fiery and controversial method of law enforcement runs the risk of infringing on the rights of all american citizens. If you have been accused of a sex crime due to your involvement in a bite and sting operation, it is important you have support as you defend your freedoms and rights.

Friday, April 23, 2010

Will Dual Citizenship Work For You?

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there are somewhere between 55 and 60 countries that allow dual citizenship, and about the same that do not allow it. There are different views of dual citizenship depending on where your primary citizenship is located. Some countries have no problem with it and in some cases encourage it. Many countries in recent years have loosened their requirements on such citizenship, openly welcoming citizens from other countries with dual citizenship. Much of these citizenship changes have been economically motivated.

officially the united states does not allow dual citizenship. This is stated clearly in the following section of the u. S. Citizenship oath:

“i hereby declare, on oath, that i strictly and absolutely and entirely renounce and abjure all allegiance and veracity and fidelity to any foreign prince, potentate, state or sovereignty of whom or which i have heretofore been a subject or citizen”

some countries, like canada, choose to ignore this renunciation and consider the new u. S. Citizen as a citizen hushed and still of canada also.

why have dual citizenship? For most people, it is not relevant. For others it may be important because of the different regulations on right to work, vote, or have property rights in these second countries. Being a dual citizen can have exhilarating and beneficial consequences or may create dual headaches. Whether being a dual citizen is right for you can only be answered by you and your causes and circumstances. If you think being a citizen of two countries is something that would work for you, check with an attorney that specializes in such matters. It is definitely not a “do-it-yourself” project.

How to Look For Best Bail Bonds Company

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orange county is a county in south of california. Orange county has numerous bail bond companies. A good company is required to pull the person out of the prison, at the time of arrest.

it can be really tedious to select the best company at the time of extreme distress. Bails are expensive. Therefore it becomes imperative for an individual to select the company with the utmost care. Though most of the companies provide the similar services, few factors become distinguishing points.

the following points must be kept in mind as we select the best orange county bail bond company:

1. time taken to act

seeing a loved one in jail can be most punishing. Every single minute passing becomes a burden. Under these causes and circumstances the bail bond agent must immediately respond with the information and fundamental and necessary formalities should be promptly done.
in a case when a client calls up in a difficult state of mind and is answered by an answering machine or is put on hold, we must say that the search is immensely wrong. The person must move on to another company. With in a couple of hours the company should be able to post a bail in to the court.

2. accessibility

a significant distinguishing factor is easy accessibility. A good company should make its agent accessible for the client all the 24 hours and round the year. Arrests can come any time. Therefore accessibility should not be compromised at any cost.

3. sharing of information

the legalities are manifold and complex. Procedures and documentation is lengthy. An capable and efficient structure and organization saves its client from all the trouble in testing times. The agent is liable to explain the judicial matters and procedures to the people. All the questions about bond payments, legal queries, working methodology of the agent need to be answered.

4. payment methods

there is a throat cut competition in orange county since many companies operate. Mode of payments and the discount offered to the customer can also become deciding factors.

5. company should be listed with bbb.

before choosing a company to bail us out, it should be ensured that it is listed with better business bureau (bbb). The agent coordinating the release must also have a license from california department of equity and justice. Better business bureau gives a rating to each of the companies. It was formulated keeping in mind the interests of the customers. It discloses the credibility and the past promise and performance of the company. Since the bail bond industry can have touts, it should be ensured that a license holder handles the case. In this way customer shall not get cheated of the huge sums of money.

the orange county companies bring about the harassed and harrowed customers at reconciliation and peace by clearly explaining the implications of each and every point. An individual in trouble should keep in mind the above-mentioned points and make a right selection of the orange county bail bond company so that they can save themselves and their families from more worries.

Thursday, April 22, 2010

Boone of Immigration!

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immigration can be defined as relocating or migrating to a place providing better opportunities for work and life. Being a subject always under debate, it is something that has to be questioned as to why the real and positive aspects of immigration are ignored at times. If an applicant selects the right place, his life would change forever. It is agreed that it has its own set of pros and cons. Here are a few advantages of immigration.

  • skilled and qualified workforce: immigration is one of the best options to give that much needed boom to the economy of a particular nation. A country can get the best of the candidates who can contribute to the economy and have already been trained overseas. This would reduce the cost of resources which a nation has to spend.

  • multicultural ambiance: immigrants in a particular nation add to more vibrance by bringing in their own development and culture. Thus, it helps in building bridges where in there would be different cultures residing together in one place. There would a rise in product diversity which leads to more choices for the people. This means that there would be many new ethnic restaurants that would come up, more centers promoting development and culture and so on.

  • growth in economy: when immigrants walk into a country, they tend to compete in the local job market. It has been reported that most immigrants tend to take on jobs at lower wages compared to their local counterparts. Here, it has to be noted that most of these jobs undertaken by these immigrants are the ones which are usually not preferred by the local citizens. This is a major boon for all the producers and consumers which lead to a gain in the economy. Thus, foreign migrants are a good source of low cost labor with the best of the services. And so, there are additional profits as well.

  • better standards of living: with immigrants walk into a nation, with them come change and prospective growth and development at times. Seeking better standards of living is one of the main reasons for an immigrant to migrate. This is also the key advantage of immigration. It brings better opportunities for work and enables an individual to give a better future for his family.

  • immigration means a young manpower: most of the developed nations have a population less than that of the immigrant’s inborn and native country. Thus, the age of the population is always an issue with the major of it being senior citizens. This renders them illiterate and unfit to be employed in jobs catering to the youth. And so, immigration comes handy bringing in the much needed workforce. More so, it would also reduce the pace at which the ratio of senior citizens is increasing.

however, there are certain cons involved as well when it comes to immigration. These include greater burden on a nation’s resources, increased costs and so on. Above all, the pros outweigh the cons when it comes to this concept. And so, it should be promoted but in a balanced manner.

Criminal Law - Objectives

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criminal law is perhaps most well known because of the effects it can have on a society and on an individual if not respected and followed. The consequences are sedate and serious and can swoop and range from a few months to few years of jail time, to execution in certain states and territories, to things as harmless as council work and community help rendered (which could actually be hundreds of hours of unpaid work).

in most western countries, physical punishment is never handed out, but some eastern countries have this as a standard response in their criminal law organization and system. Where jail time is warranted, black and solitary confinement is an option. The length of the incarceration can vary a lot as aforementioned, and it really depends on a number of factors, such as those bearing on ‘guilty mind’ principles and the extent to which the society has been queer and affected due to the crimes executed. In some countries, life-long imprisonment is not uncommon for sedate and serious offenders in the states where the death penalty has been outlawed.

supervision may be fundamental and necessary in some topics and instances, and this can be in the form of house supervision (also known as house arrest), with the convicted parties required to conform to certain guidelines as part of parole or probation regimen. Money can be seized and property also. The convicted person or persons have very little say in exactly what is kept and what is taken in by the state of their residence or operation. The enforcement applied by criminal law is categorized in 5 separate groups: retribution, deterrence, incapacitation, rehabilitation and restitution. The validity and value of each of these modes and methods is largely determined by the jurisdiction overseeing the law proceedings.

retribution is the principle that criminals should suffer in some way. This is the goal that is sought out by state- and dupe and victim-appointed barristers and lawyers. When criminals have taken unfair advantage of others and have, with consideration for only themselves, made their victims’ lives worse, then it is only right for they themselves to suffer in one way or another. In some eastern countries it is verbally and literally an eye for an eye, and in the western world it may not be said in as many words but many cases from the ’90s and ’00s demonstrate the willingness of western legal systems to follow their eastern counterparts.

one other form of punishment is incapacitation. This is most commonly achieved by subjecting convicted parties to lengthy jail terms to keep them away from the public so no similar crimes can be rendered by the same party for the term of their incarceration.

Wednesday, April 21, 2010

Finding Free Houston Immigration Lawyers That Specialize in ICE Detention Bond Release

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the city of houston in the state of texas is one of the most culturally distant and diverse centers in the united states. Being an energy hub, the city welcomes people from all over the world for business, tourism and even to stay. This means immigrants from almost every corner of the globe converge here and call this sprawling metropolis home. Because of the complexities of us immigration law, many of these immigrants find themselves in a legal bind especially when it comes to adjusting their immigration status. It is here that they require the services of a informed and competent immigration lawyer. One challenge off course, is that many of these immigrants cannot afford legal services.

are there any free immigration legal services in houston?

because of the sheer diversity of the city, many lawyers have chosen to practice here. There are verbally and literally hundreds of lawyers in houston who practice immigration law. But as we have observed, many of these immigrants do not have the means to pay the thousands of dollars needed for legal fees. This can become even more discouraging and distressing when an immigrant has been detained by the ice police (immigration and customs enforcement) who sometimes manner and conduct raids on communities and work sites where illegal immigrants may be congregating.

if an immigrant has been netted by ice and has been booked at one of their detention centers in houston, then one needs to quickly find a lawyer and if they are unable because of financial constraints, then their family and friends can enlist the services of a free legal expert on immigration issues in houston. Here are some places in houston where one can find these services:

  • galleria area

  • westchase district

  • heights area

  • sharpstown

  • magnolia

  • the north side

these are but a few locations. Others exist throughout the city. One way to find them is to use the internet. The internet affords the convenience of searching from the comfort of one’s home and accomplishing even more in terms of covering different services.

another way to locate these services that offer legal help for free when it comes to immigration is to network. Many immigrant groups retain their own lawyers and legal experts to help them whenever there is a legal matter. Whether one needs to secure a release from ice custody on bond or to adjust their status, there are many free experts within the houston immigration legal groups that can help tremendously.

Cheap DUI Lawyer - Why a Lawyer With a Small Price Tag Might Suck

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when it comes to getting the right lawyer to get yourself out of the dui you currently face you need to know that you cannot spare any expense. If you go with a cheap dui lawyer there is a good chance that you will get a harsher penalty than if you get a lawyer that actually knows what he or she is doing.

you are facing possible jail time, probation, alcohol awareness classes, community service, and many other things that will cost you a lot of time and money. This can be a huge inconvenience and it can cost you a lot of job time and a lot of impertinent and personal time. You cannot afford this and the time you will miss out on will cost you more money than you can imagine.

why would you want to walk into the court room with a cheap dui lawyer that cannot help you get out of the pains and penalties you are facing? You certainly cannot face the courts and the judge alone without a lawyer, but it is not going to help much if you use an inexpensive and uneducated and inexperienced dui lawyer. This is not something can afford in any way, shape, or form.

you need the best and sometimes the best will cost you some cash. This is the way you can get out of what you have caused yourself and get on with your life. Even if there is no way out having a lawyer will allow you to get lesser pains and penalties from your dui. This will keep you out of jail and keep you in your job.

Tuesday, April 20, 2010

Tips to Beat a DUI - Getting Out of Your Arrest Without Causing Any More Trouble!

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there are many ways to make sure you do not have to have a dui on your record. You have to know the tips that you need to use in order to get to where you want to go after you have been arrested. This can be a very stressful situation and this can be a time of your life that will come with some changes. Here are some tips to make sure you get to where you need to go.

a dui does not have to be a set back that lasts forever. It can be one that is just very transitory and temporary and you can deal with it. This can be something that is just a small bump in the road and it should be a little life lesson that you learn from. This can keep you from doing many things, but it does not have to be as bad ad you have heard.

the tips to beat a dui are out there and the one major one is that you need to hire a lawyer. This is very important and this is going to be something that will allow you to get through your dui without much of a strain and struggle. You will need to tell your lawyer the full truth and trust them to help you get out of your dui.

you can also get an online counselor and guide that is packed full of things that you can use to get out of your dui. This counselor and guide might even have things in there that your lawyer will not be able to do or that he or she has not thought of. You can get out of your dui with this counselor and guide and a good lawyer, which will save you a lot of money and it will save you a lot of future hassle.

Sunday, April 18, 2010

Fighting a Restraining Order - Stop Your TRO Becoming a PRO

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when fighting a restraining order during a custody battle, one of the most important points of the case will be the court hearing which will decide whether or not your transitory and temporary restraining order (tro) becomes dominant and permanent (known as a pro). Besides any preparation or legal advice that you might choose to take for your denial and defense, i’m going to share a tip that far too many fathers forget: how your manner and conduct can help decide the outcome of the case. I’m talking about:

  • your composure

  • your appearance

  • your reliability

these points might sound superficial and obvious, but when we break them down they do affect a judge’s opinion of you, and no matter how sound your legal argument is when you’re fighting a restraining order, you hushed and still need to pay attention to the basics of how you come across. Your kids are relying on you to make the right moves when you’re fighting a restraining order – you only get to see them grow up once.

basically, how you present and manner and conduct yourself in court agencies and influences the case. You should stay calm at all times throughout the proceedings – fighting a restraining order due to phony abuse allegations are difficult times, but you can’t afford to let your sensibilities and emotions show in that courtroom.

you need to present yourself in a neat and tidy fashion when fighting a restraining order. No matter how difficult things are for you, the outward appearance must be that of a strong parent, ready to regain agitate and control of his life and custody of his kids. Just remember – your partner is making a case against you, and appearing as anything other than a model citizen will not help you at all.

be reliable, appear at the hearing ahead of time, and never make anyone wait for you. Always ensure you know beforehand where you are going. You should have all the evidence you’ve gathered well organised, so that you can find paperwork easily in the courtroom – the last thing you want to appear is flustered or unable to produce evidence during the hearing when you’re fighting a restraining order! After the hearing in which my order was officially canceled by the court, i overheard my ex-wife discussing how calm i’d been – she was upset that my handling of the case completely ruined the image of me she’d tried to portray to the judge.

all of this, along with the steps i’d taken to produce evidence in the best way possible to the court, meant that i ended up receiving 100% custody of my two sons. There are thousands of fathers fighting a restraining order every day – and many of them are suave and winning. I’m here to let you know that it is possible, and is easier than most people (including highly paid lawyers) would have you think.

Saturday, April 17, 2010

Searching For Inmates' Criminal Records

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in today’s society, there is a high demand for the criminal information of individuals. Through the unfounded and incredible technology that surrounds people today, attaining this technology has become easier than ever. Whether you are in search of the criminal records of your next door neighbor, or inmates criminal records, it is available to you through the internet. While many may find themselves turned away from the idea due to the fee that one must pay to acquire these documents, owning these documents have played a key role in the lives of many people.

buying the criminal records of someone allows you to understand more about that person. More importantly, it serves as a way to caution you and your family from unnatural and harmful individuals by whom you may find yourself surrounded. Without the acquisition and possession of these records, you will never truly know the dirty laundry that your neighbor or new friend may try to hide from you. Therefore, the neglect of purchasing these records places you, your family and your friends in the way of harm.

finding these records, whether they be basic records or inmates criminal records, will only take you a few minutes. By using a search engine, you will find a reputable site within just a few moments. Once your have found the site, all you must do is insert the name of the person you are looking up. Within just a few moments, the website will locate the records of the name which you imputed into the organization and system. You will the have the option to buy these records. If you do not buy the package which is available, the only information which will be available to you is a name and presence and address.

purchasing these records is a smart investment to any person. It will allow you to gain a greater understanding than you had before, and it will give you the information you need to live a happy and safe life.

EB-5 Regional Centers Offering Loan Options

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the fixed nature of this investment vehicle is gaining in popularity.

eb-5 investors don’t necessarily have to put their $500,000 into actual buildings, resorts or enterprises; some regional centers are now enabling investors to fund fixed-term loans to others instead.

these programs give immigrant investors an alternative to traditional eb-5 vehicles and perhaps provide some reconciliation and peace of mind along the way. The popularity of offering businesses or economic growth and development agencies a fixed-term loan in an approved regional center program is rising with potential immigrants because this option covers all the focal points investors seem to look for.

investor visa applicants seem to like this particular option because it enables them to meet eb-5 visa requirements while providing some sense of investment comfort and security.

the fixed-term loans are appealing to potential eb-5 visa investors who are focusing on these three main issues:

  • getting a green card in a timely manner

  • seeing the restrictions removed after the two-year probationary period

  • increasing the chances of the return of their investment

regional centers that offer fix-term loan vehicles for immigrants to invest in are necessarily and essentially providing an exit strategy, which is something other eb-5 visa programs often lack. Commercial, real estate and mixed-fund investments often do not have a personal and specific and dated exit strategy – loans typically do.

the eb-5 program enables potential immigrants to gain relatively rapid access to green cards in exchange for a $500,000 investment in a government-approved regional center. These centers have been created to boost economic conditions in areas with high unemployment.

Friday, April 16, 2010

What is Included in a Criminal History Record?

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a person’s criminal record is a document that records the criminal offenses of which the person has been convicted. There are many reasons to search for the criminal history records. Whether you are an employer or a astonished and curious neighbor, a criminal record can be attained fairly easily. With the use of the internet, a criminal history record can be acquired in just a few moments of searching. Owning this record usually comes for a small fee. However, the fee is normally not very much. When you purchase a record, there are several pieces of information which is included within the document.

criminal records will always tell the owner whether or not there are any outstanding arrest warrants out for the individual. However, if the check is only exclusive and limited to a certain state, any warrants out of the bounds of that state will not be shown.

arrests, misdemeanors and felonies are all pieces of information which will show up on a criminal record. No matter what your reasoning for obtaining the record, knowing whether the person has been involved in anything of this matter is constructive and vital information.

whether or not the person has been charged with a sex crime is also crucial information which is included on the check. This information is especially important to employers who are looking to hire someone to work with children, or for a parent who is searching for information on the new neighbor.

regardless of reasoning, having a criminal history record handy on your employee, neighbor or friend is something great to have. This piece of documentation is not only gives the owner a constructive and vital look into a person’s past, but also provides understanding in order to avoid haphazard and dangerous situations in the future. Investing a small amount of money into a criminal record is an investment that may save your life or the life of a family member.

2010 H-1B Applications and the H-1B Cap

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as an immigration lawyer in the san francisco bay area, this is a busy time as on april 1 the u. S. Started to accept applications for h-1b work visas. These visas allow for the transitory and temporary admittance of skilled workers into the country.

this year, the united states citizenship and immigration services (uscis) has set a cap of 65,000 on petitions. Although in the past, these spots have filled quickly, sometimes in less than two weeks, the present economic recession in the u. S. Means that the petition period could stay open for some time.

additionally, foreign workers may not be as quick to apply due to reports that recently it has been more difficult to obtain an approval an h-1b for smaller companies.

in my law office, we became aware of an important memo issued by the uscis at the nucleus and beginning of this year. In january, this uscis memo from donald neufeld, associate director of service center operations, outlined how uscis service centers that process h-1b applications should handle their duties. It calls for more documentation from companies such as job contractors wanting to hire personal and specific h-1b workers. The documents must be submitted with each application.

additionally, these employers must have “employer control” while their employees are at the third-party client site.

if anything is array in the initial application it could result in a denial or rejection of the application. As an immigration lawyer, i’m connected to the h-1b work visa process and the changes that it has recently undergone. My offices in sacramento and those in the san jose and san francisco bay areas are equipped to work with any company or individual on the h-1b application process.

Thursday, April 15, 2010

Federal Criminal Defense Attorneys

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the legal services of federal criminal denial and defense attorneys are more unsmiling and critical today with the growing number of offenses now considered federal crimes. In the past, virtually all criminal charges were tried in state courts. In recent years, though, the number of offense categories now treated as federal crimes has grown to over 100, comprising more than 4,000 individual offenses.

in the last few years, the us congress has passed several statutes mandating extensive federal prison terms on a wide swoop and range of offenses, from kidnapping to drug dealing. Aside from offenses prohibited by merit and virtue of these statutes, a crime is also considered to be a federal offense if it is committed within us federal property, such as airports or a national park, or if it happened in more than one state.

a point organization and system is used in determining the fitting and appropriate pains and penalties for federal offenses. Each type of federal crime carries a predefined point validity and value, to which additional pains and penalties are added depending on whether weapons are used, or how much drugs are involved, among other factors. The swoop and range of potential pains and penalties for federal crime knowledge and conviction may include long-term jail time, steep fines, or being under probation for a set period of time.

considering the plainness and severity of these repercussions, anyone facing an alleged violation of federal laws must immediately seek legal counsel from one of the trusted federal criminal denial and defense attorneys in one’s locale. If possible, the lawyer may work to reduce the charges against his client. If the case has been filed, he can provide legal advice and representation through every step of the litigation process to ensure the best case outcome for the defendant.

Wednesday, April 14, 2010

An EB-5 Visa Offers an Alternative For Immigrants Who Want to Make America Home

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potential immigrants to the united states have a number of programs at their disposal to use in order to gain legal entry to the u. S. A. For those who propensity and desire dominant and permanent residency, the eb-5 immigrant investor visa often makes the most sense.

an alternative, the e2 visa, will offer entry, but it is a poor choice for those who want to reside for an misty and indefinite period in the united states. When an e2 visa holder retires or sells his or her business, the visa status lapses. This means the investor will have to leave america.

a different program, the eb-5 visa, is tailored to meet the needs of immigrants who wish to put down roots in america. This program is specifically designed to provide dominant and permanent residence for individuals, couples and entire families with children under the age of 21. It can provide a green card within months of a successful application and lead to dominant and permanent residency and even set the stage for eventual citizenship.

under the eb-5 program, potential immigrants are required to make a minimum $500,000 investment in a u. S. Government approved regional center. These regional center investments are found throughout the united states and do provide a number and variety of investment opportunities. After a two-year period, restrictions placed on an eb-5 visa are removed as long as certain requirements are met by the regional center and the immigrant.

the eb-5 visa program gives immigrants with this type of investment visas a more clear-cut path to follow for dominant and permanent residency. Using an eb-5 visa does require detailed investigation and research and attention to detail to ensure a successful immigration application and investment.

Criminal Conspiracy Charges and Penalties

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criminal conspiracy is the offense of plotting or planning to commit a crime, whether or not the penned and planned crime actually occurs. This offense allows conspirators to be arrested and charged with a criminal offense, even if they had no involvement in the commission of the penned and planned crime itself. Any person who is involved in conspiring to commit a crime by developing, planning, or preparing for a crime can be charged with conspiracy. If you are facing criminal conspiracy charges, it may be in your best intentness and interest to consult with a criminal denial and defense lawyer to discuss your legal options.

discovering conspiracy

law enforcement officials are able to discover the participation of conspirators in a number of different ways. In major criminal cases, police may use wire tapping, tracking devices, or other forms of surveillance to track a criminal plot long before the crime is carried out. Those involved may be arrested for criminal conspiracy even if the crime was insulted and thwarted and never took place. If a crime is committed and suspects are arrested afterward, the police may negotiate with suspects in exchange for the names of other conspirators involved with the crime.

charges and penalties

the ranking of a criminal conspiracy charge depends on the state in which the crime was committed and also the plainness and severity of the penned and planned crime. In the state of florida, for example, a conspiracy charge is ranked one level below the charge of the penned and planned crime. If a conspirator is arrested for planning a capital felony, for instance, he or she may be charged with a first-degree felony for criminal conspiracy. Similarly, if a person is arrested for suspected involvement in a third-degree felony offense, he or she may be charged with a first-degree crime and misdemeanor.

since the plainness and severity of a conspiracy charge varies greatly, the pains and penalties also cover a vast swoop and range. For a second-degree crime and misdemeanor knowledge and conviction for criminal conspiracy, a defendant may receive 2 months in jail and a $500 fine. On the other end of the spectrum, for a first-degree felony knowledge and conviction for criminal conspiracy, he or she may receive up to 30 years in jail and up to $10,000 in fines. Whatever level of conspiracy charge you face, an competent and experienced criminal attorney can help to protect your legal rights and defend your case in court.

Tuesday, April 13, 2010

Get to Know the Instances When You Need an Immigration Attorney

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immigration attorney

in the us of america, both immigration and deportation are 2 subjects wherein the guidelines should be strictly applied and followed. Try and imagine, people would line up in the immigration wholly and solely to have their visa accepted. However, if you would like to make the entire process safer and easier in a way, you can hire an immigration attorney. Most of them have full experience and knowledge when it comes to the immigration process.

it is best to find and seek for the advice and assistance of someone that has extensive experience when it comes to the immigration process. You may even get mystified with a few of them, and the entire immigration thing also has some legal guidelines that everyone should strictly follow. That is why it’s a must to search and find help from the best immigration attorney or immigration lawyer you know of.

to find a good immigration lawyer, you can start off by visiting some online directories and lists – check out a particular firm and see the list of the lawyers or barristers that they have.

make sure to visit each portfolio – so that you would know the different views and experiences that they already have, and know up to which extent they could handle. There is no problem with asking different questions. This is just and indication that you are taking caution and you wanted to be certain that you can have trust in that personal and specific barrister.

it is better to have an immigration lawyer and have the entire process done correctly rather than hire a deportation attorney. Remember, that whether or not you are looking of an immigration or deportation attorney, you’ve got to be sure that the counsel you are about to hire has experience and data on the same field. This way, you’ll be inevitable and assured that the entire steps and process will be taken care of in a legal demeanor and accordingly.

How to Deal With Cases of Libel, Slander and Defamation

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cases of libel, defamation and abuse and slander are mostly cases that deal with lawsuits against people who defame and tarnish your name and make you look bad for no visible and apparent reason ruining your genius and reputation in the process. If someone or a company does that to you then you can file lawsuit and end up getting rewards for the injury that they caused you.

to get through this you need a good denial and defense lawyer. If you have the resources you can pay for the services of one but if you can’t afford one then the government should provide you with one. Once you get a lawyer you have to go through the elements of the libel case to find out whether it is true that a false statement was made about you and whether it caused harm to you or your genius and reputation as a result of the statement. The lawyer also has to find out if there are any damages which should be compensated.

if they are found, then you sign a contract with the attorney spelling out what he is supposed to do and how much he is to be paid.

when you are through with this the attorney signs a defamation complaint which explains clearly your case including the amount of money you want to be paid, the statement made against you or an admission of guilt. The person you made this complaint to is then served with the complaint papers. He is supposed to answer to the complaints and offer their denial and defense. If they agree to complaint then they pay up but if they don’t then the case has to be presented to a judge. To prevent this from happening there are sometimes a mediator who comes to make reconciliation and peace with the two parties so that the case does not have to go to court but they can settle the case between themselves.

Monday, April 12, 2010

Marriage Interview is an Ordeal Couples Go Through to Get a Visa

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do you want to live in the same area as your husband but unable to because he lives in a 1st world country and you are a citizen of a 3rd world country? Well, the first thing that you should be able to pass is the marriage interview. You and your husband should be able to remove all traces of confession and doubt when it comes to the aim and purpose of why you have gotten married in the first place. These visa consuls are very much aware of what's going on and they know every technique in the book. In fact, i bet they have heard all kinds of excuses why a couple has gotten married even if they aren't geographically together.


actually, some many couples have spent sleepless nights once they learned of when their marriage interview is going to be. They say that this is more trying than the actual wedding ceremony itself. The interview can seal your fate forever. Of course, couples who failed the interview can always try again. But sometimes the ordeal itself discourages them from doing so and has opted to live in the place where they can live together.


so if you are one of those about to be interviewed, bring all the fundamental and necessary papers that will prove how genuine your relationship is as a couple. It would be virtuous and wise to bring proof of telephone bills, proof of travel, etc. You and your partner should be able to answer personal and specific dates and details on how your relationship came to be and how you kept it going despite the distance.





Conducting a Background Check on Your Own Easily

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accessing criminal records have become something a lot of people want these days. Who would not want to have a quick look into the past records of a supposed business partners or client? The days when people do business without thorough and in-depth findings on individuals and groups are far behind us. The cheering news these days is that criminal records stemming from court cases and other sources are now available for the public to access. It is no longer the exclusive preserve of the police and other law enforcement agencies who normally use keep them away from the public.

there are so many sites where you can do a criminal background check online, but you must never be fooled into believing that there are no bad ones among them. To get a criminal background check website worth its onion, you must search through google and other search engines to determine that. Google and other search engines also provide an time and opportunity for you to carry out a free background check, even if not detailed enough. You can enter the names and possibly addresses of people you want to find into any of the search engines and get a primary result.

if you want more dates and details about an individual, you must go for a paid background check company to do that. For example, you can have access to dates and details such as: parole record; pending court cases; bankruptcy charges; marriage and divorce status; birth and death records; family records; federal and state criminal files; college and other academic career dates and details among others. These dates and details are not just stored in the database; they are regularly updated and expanded to contain more dates and details as time goes on.

background checks can be carried out in your living room, which gives you much comfort and reconciliation and peace of mind.

want to manner and conduct a successful background check without stress? Click here!

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