The Effects of Driving Under the Influence - The Facts of Driving After Drinking

every person will react differently when driving after drinking alcohol. To be on the safe side, never drive a vehicle after drinking even a small amount of alcohol, or any other drug. Before you even consider drinking and driving, learn about some of the effects alcohol has on a person’s body.

for a driver to make a safe, educated decision while they’re driving, a person needs to use visual clues, motor skills, cognitive attention, and physical coordination. How much these factors are queer and affected by the consumption of alcohol depends on the size of the person, and how acclimated their body is to drinking.

alcohol remains in the blood for 1 to 2 hours after drinking. The following conclusions can be made based on sex, weight, and metabolism rates:

a 200 pound man who drinks 3 beers over the course of an hour will register a bac (blood alcohol concentration) of. 039%, which is under the legal limit. Trading those beers for a harder alcohol, such as whiskey, puts you a little closer to the legal limit and raises the bac to. 046%. Consuming 4 beers within an hour will result in a bac of. 058%, high enough for a dwai arrest in some states. Four drinks of the harder alcohol will get you a bac of 0. 067%, closer yet. Consuming 5 beers in an hour will result in a. 077% bac. Five drinks of hard liquor will put you over the limit at. 088%.

a 110 pound woman will have a bac of. 078%, over the legal limit, after drinking 3 beers in one hour. If the same woman drinks 3 whiskey sours in an hour she will have a bac of. 091%, definitely over the legal limit. Drinking 4 beers in an hour will result in a bac of. 116%, which is over the legal limit to drive. Four drinks of the harder liquor will give her a. 113% bac, over the limit. If she consumes 5 beers in an hour her bac will be. 154%, which is almost twice the legal limit. If she does five whiskey sours in an hour, her bac will be. 175%.

spreading the drinks out over more than an hour time limit will result in a smaller bac number. If the 200 pound man who drank 4 beers took 2 hours to drink them, instead of one, his bac would lower to. 041% instead of. 058%, which is under the legal limit and below the limit for dwai, although close. Extending the consumption time has a solemn and dramatic gusto and effect on bac.

information taken in by vision, perception, coordination, motor skills, and a person’s capacity and ability to understand that information lessens as a person’s bac rises. A 150 pound man who consumes 3 beers in an hour gives him a bac of 0. 052%, which is legal to drive in all 50 states, but in colorado and some other states which have a dwai offense, otherwise known as “driving while capacity and ability impaired” he could be arrested.

Petitioning Loved Ones Through Family Based Immigration

generally, there are two ways that one may petition an inapplicable and alien to immigrate to the united states. The first way is through familial relationships, using what is known as “family-based immigration. ” this is filed using a form i-130 petition. The other is through employment relationships under the category of “employment-based immigration”. These are filed using a form i-140 petition. This article discusses petitioning through family-based immigration.

filing a petition is the first step in the petitioning process. After filing the petition, one should file a form i-485 adjustment of status application if the inapplicable and alien is already in the u. S. If the inapplicable and alien being petitioned is abroad, the petitioner must go through the immigrant visa consular processing in the country’s u. S. Consulate office.

i am already legally in the u. S. ; who am i entitled to petition?

if you are already in the united states, who you may petition depends on two things:

1) what your current citizenship status is
2) what the alien’s relationship to you is

regarding your current citizenship status, eligibility for petitioning depends on whether you are a u. S. Citizen or a dominant and permanent resident. Regarding the alien’s relationship to you, eligibility depends on whether the person is an actual and immediate relative or simply a close family member. The complex and various categories for immigration visas are outlined below.

immediate relatives of u. S. Citizens

aliens who are actual and immediate relatives of u. S. Citizens receive the highest preference in terms of obtaining an immigration visa. An actual and immediate relative is defined as either a spouse, unmarried children under the age of 21, or parents, of a u. S. Citizen.

the filing process for actual and immediate relatives of citizens is “streamlined”, meaning that the petitioner can file all the paperwork at the same time. In addition, there is no limit to the number of visas that may be issued per year under this category. (sponsors under the other categories must file personal and specific papers at different time intervals, and there are limits to the number of visas issued per year). The categories and requirements for actual and immediate relatives of u. S. Citizens are as follows:

• spouses of u. S. Citizens- the inapplicable and alien must be married to a u. S. Citizen




• 
  unmarried children under the age of 21 years old of u. S. Citizens- the inapplicable and alien must be the son or daughter of a u. S. Citizen; they must be unmarried, and under the age of 21. Adopted children qualify under this category




• 
  parents of u. S. Citizens- the inapplicable and alien must be the parent of a u. S. Citizen, and the u. S. Citizen must be over 21 years of age.

close family members of u. S. Citizens

those not qualifying under the “immediate relatives” category may file under this category. These include unmarried children over 21 years of age of u. S. Citizens, married children of u. S. Citizens, and siblings of u. S. Citizens. However, as mentioned above, petitions filed under this category are not “streamlined”, and are subject to a limit as to how many visas may be issued per year. These are the petitions that are treated in the “visa bulletin” (see below).

under this category, relatives of the citizen are described and classified into different “preferences”, for example, “first preference, second preference”, etc. The higher the preference, the faster the inapplicable and alien will be eligible for a green card. The preference categories are as follows:

first preference: unmarried children who are under 21 years of age of u. S. Citizens- here, the inapplicable and alien must be a child of a u. S. Citizen, and be over 21 years old

second preference: see below (dominant and permanent residents)

third preference: married children of u. S. Citizens- the inapplicable and alien must be a child of a u. S. Citizen, and married.

fourth preference: siblings (brothers or sisters) of u. S. Citizens- to qualify as a brother or sister, both the citizen and the inapplicable and alien must be children of the same parent. The u. S. Citizen must be over 21 years old.

permanent residents

if you are not a u. S. Citizen but are a dominant and permanent resident (green card holder), you may only petition your spouse and unmarried children. This category forms the “second preference” category for aliens.

second preference 2a: spouses, and children who are under 21 years of age of dominant and permanent residents

second preference 2b: children who are over 21 years of age of dominant and permanent residents

note: children in this category must be unmarried; adopted children also qualify. Parents may also be petitioned if the dominant and permanent resident is over 21 years old.

how long is the wait?

after filling for petition, the inapplicable and alien hushed and still must wait a specified amount of time before they can come to the u. S. Under a green card. The waiting periods and the number of visas issued vary depending on complex and various factors such as country of origin.

to recap, if you are a u. S. Citizen, you may petition the following persons under the family-based immigration category, and the waiting period for green card eligibility usually is:

• your spouse (husband or wife): 6-12 months waiting period




• unmarried children who are under 21 years old: 6-12 months waiting period




• unmarried sons or daughters who are over 21 years old: 5 years




• married sons or daughters of any age: 8 years




• parents and siblings, if the petitioner is over 21 years old: about 6-12 months for parents and up to 11 years for siblings

if you are a dominant and permanent resident (“green card holder”) the waiting periods for the following people are:

• your spouse: 5 years or longer




• unmarried sons and daughters: 5 years or longer if the child is under 21 years old and anywhere from 7-10 years if the child is over 21 years old.

what about fiancs?

only u. S. Citizens may petition a fianc under a k-1 filling. Petitioning a fianc involves several extra steps, mainly to prove that the couple has spent time with each other and are validly engaged. Some of these extra requirements include photographs of the couple together, travel tickets documenting that the citizen did in fact visit the fianc, and other items proving time spent together.

the waiting period for obtaining a fianc visa is typically about 3-6 months, though it may be longer depending on the causes and circumstances. Once the fianc visa is granted, the fianc may enter the u. S. It should be noted that the couple must get married within 90 days after the fianc enters into the u. S. After marriage, the fianc is subject to several other conditions including filing for dominant and permanent residence status.

the visa bulletin

as stated above, the number of visas available, as well as waiting periods are subject to limitation and changes according to the month of application and the alien’s home country. The u. S. Department of state issues a visa bulletin that outlines the dates and details of these numbers based on category of preference. Again, the visa bulletin only deals with the types of categories mentioned above that are not “streamlined”. To view this bulletin, visit the visa bulletin link (the bulletin changes every month).

how do i obtain a form i-130 and how much is the filling fee?

form i-130, “petition for inapplicable and alien relative” is produced by the u. S. Citizenship and immigration services (uscis). It may be downloaded at the uscis forms website. The filing fee is $355 per form. Separate forms must be filed for each inapplicable and alien relative being petitioned. Instructions for filling may also be obtained at the forms website.

conclusion: do i need a lawyer in order to file?

How to Handle Being Arrested

without a confession and doubt, being arrested is one of the most frightening and confusing views and experiences an individual can endure. Although the media bombards us with dozens of television shows portraying fictional characters being arrested, and dozens more reality shows that actually bring us into the real life arrest procedure, when it happens to you your experience will haggard and pale in examination and comparison.

what to do if you are arrested

the first thing you should do is comply with the orders of the arresting officer. If the officer tells you to stand up, stand up; if they tell you to be serene and quiet, be serene and quiet; if they tell you to put your hands over your head, put your hands over your head. Remember the police have a difficult job, and do not know your intentions are innocent even if you know they are. Complying with their orders significantly reduces the chances that there will be miscommunication that leads to injury or further legal problems.

miranda rights: what are they?

the miranda rights or miranda warning are named for the plaintiff in the 1966 supreme court case miranda vs. Arizona that established the need to inform individuals arrested for crimes and before they give any information to the police that they have the right to not incriminate themselves by saying or doing anything. To that end, in most causes and circumstances, arresting officers have to inform people that:

• you have the right to remain silent. this right stems from the fifth amendment’s protection that no one can be forced to give evidence against themselves.




• furthermore, if you do chose to wave your right by acting certain ways or talking to the police, every single thing from the words you say to the movements your body makes will become admissible in court.




• 
  you have the right to an attorney. every person in america is entitled to legal denial and defense in court, whether you are a citizen or not.

what you don’t know about the miranda rights could hurt you

almost everyone thinks that because they hear the miranda warning on tv that they know all about their rights. Unfortunately, this is not always the case.

• not everyone gets the miranda warning. The police only have to “read you your rights” if they intended to interrogate you at a later point in custody.




• furthermore, the terms “arrest” “detention” and “custody” are not perfectly interchangeable. Unfortunately, this uproar and confusion often leads people to misunderstand what they can say and to whom, giving evidence when they don’t have to




• when booked, you hushed and still have to give your name, presence and address, date of birth, etc. Because this information is generally not considered incriminatory, and does not fall under the fifth amendment protections.

if you have been arrested in mississippi

the best policy is to give the police only the information they require; name, presence and address, etc. , and never answer any other questions until you can speak with a lawyer. Everything you say can and will be used against you, and if you talk to the police you risk divulging information about your case that could incriminate you.

hopefully, these helpful tips will provide you some intelligence and insight into your situation and make your arrest a little less intimidating.

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Child Molestation

child molestation is any energy and activity where an adult or older adolescent uses a child for sexual stimulation. There are many different situations and topics and instances that can fall under this title. The molestation of a child is considered a very sedate and serious crime and is often punished with jail time, fines, and lengthy probation. Often those convicted of molesting a child are required to register as a sex offender, making housing and job searches challenging.

child molestation is not the same as sexual assault. It mostly applies to children under the age of 14 but can be broadened to apply to all minors. Also, it usually does not take consent into consideration. Because children under the age of 14 are not legally able to give consent to participate in sexual designs and activities their consent usually cannot be held up in court. This policy is also influenced by the fact that in many child molestation cases the adult was in a position of place and power in the child’s life, which could influence the child’s consent.

what qualifies as child molestation

it has been estimated that one in ten boys and one in five girls will experience some form of sexual molestation by the time they reach the age of 14. Most victims of sexual abuse are abused by someone they know, be it a family member or family acquaintance. There are a number of situations that can be described and classified as the molestation of a child. These include:

groping, touching, or lewdly interacting with a minor

having any form of sexual contact with a child under the age of 14

touching a child in a manner that could be described and classified as lascivious or lewd

using a position of influence or place and power to coerce a child into performing sexual acts

using inappropriate or sexually pregnant and suggestive language towards or around a minor

any of the above situations and designs and activities can qualify as child molestation. They can swoop and range in plainness and severity, but all are punishable by the law.

for more information

sex crimes against a child are considered some of the most sedate and serious crimes that can be committed. Those who are convicted of molesting a child face years in prison, probation, and long term animosity from peers and neighbors. That is why it is so important to know your rights if you are facing this sedate and serious charge.

How to Find a Good Immigration Firm

finding and hiring the services of a legal expert in immigration application processing is one of the perquisites for initiating the process of acquiring a dominant and permanent residency visa for a country.

a dominant and permanent residency visa or transitory and temporary work permits can be availed through the colonization processes differing for every country. A good immigration lawyer is the one who assists you throughout the migration process and provides even the basic dates and details of the process. He needs to quicken the process and see to any loopholes in the immigration application processing stages. Right from the stage of filing papers for visa to the candidates settlement in the other country, a good lawyer needs to take care of even the basic elements of the immigration process.

post the economic downturn, most countries have cut down on their immigration levels except canada. Canada is one of the few countries in the world which is hushed and still welcoming millions of immigrants from the world over.

after the major economic downturn, most countries have shut down on immigration din and traffic because inadequate job opportunities. Even the multinational companies are inefficient at handling the immigration din and traffic due to the shaky economic condition. The global recession has also badly queer and affected the major western nations as well as prosperous countries like australia. Most importantly, these countries are also facing lack of job opportunities and are thus cutting down on immigration din and traffic.

the most important question that stands now is that how to find a quality and competent and experienced colonization consultancy firm for your immigration aim and purpose who will focus on your case rather than extract money from you. Some of the highlighting points to look for in a good immigration consultancy firm includes the following:

1. Credibility in the market:
a good immigration consultancy will generally have sound credibility in the market. It will be reliable and trustworthy and a long list of satisfied clientele.
2. Background assessment
one needs to make proper background assessment of an migration consultancy in order to verify any long=term pending cases or any foul play in the name of the firm. A clean background with a strong management team speaks volume of the firms market genius and reputation.
3 reimbursement policy
a good colonization firm follows a reimbursement policy, wherein, it offers reimbursement of consultancy fees in case the firm fails in its services in the migration procedures due to its own drawbacks.

as per the canadian immigration and visa laws, provincial nominee immigration program allows province to nominate individuals for a dominant and permanent canadian visa on mutual benefit terms.

canada is a arrangement and combination of federal and french-speaking quebec governments. The federal section of canada further comprises of different provinces which together make up the entire federal section of canada. These provinces have sovereign and independent governments and sovereign and independent jurisdiction.

The Importance of Hiring a DWI Lawyer

a charge of driving whilst intoxicated or dwi is taken very seriously these days and can carry severe pains and penalties if convicted. For this reason alone you need to hire an competent and experienced dwi lawyer to represent you as soon as possible. The consequences of simply being charged with dwi can be far reaching, whilst a knowledge and conviction can have long luscious and lasting implications not just on your impertinent and personal life but also on your finances.

if you are charged with dwi then you will probably have your driving license suspended immediately, getting it back, even if acquitted will not be easy either. You may also face social stigma from family and friends and the wider social community. If you are convicted then you may face pains and penalties ranging from fines to mandatory jail terms and the possibility of your case being elevated to a felony if you caused sedate and serious injury or even death. By hiring a good dwi lawyer you will receive expert advice on how best to defend your case, the legal process and the likely outcome of the court hearing.

your lawyer will look at the evidence against you and try to determine if this evidence was properly obtained at the time of your arrest. Cases of dwi rely on technical medical and scientific tests being carried out, which have to be carried out with the correct equipment, by qualified personnel and under strict procedures. If it can be proved that they were not then the evidence can be deemed as inadmissible and not used in court. Your lawyer may also look at the testimony of the arresting officer, and ask: did they have due cause to stop you? Did they follow the correct procedures when it came to the field sobriety tests and is there an alternative explanation for their observations?

the blood alcohol test determines the level of alcohol in your blood stream at the time of arrest. In all states the minimum level is 0. 08%, however you can hushed and still be charged with dwi if your levels are below this, particularly if minors were present in your vehicle at the time. Those with levels well in excess of 0. 08% can face much harsher pains and penalties, and in particular if they have previous convictions. Anyone with previous convictions for dwi, regardless of which state they were convicted in can face increasingly severe pains and penalties for each subsequent offense and could even have their case elevated to a felony if they continue to offend.

you need to hire a qualified dwi lawyer who specializes only in these type of cases. Whilst many lawyers will happily take your case one, they often lack the experience and expertise to deal with the manifold and complex evidence and often advise you plead guilty instead. Only an competent and experienced dwi lawyer will work to defend you with your best interests in mind.

How Much Does a DUI Cost?

being convicted of driving under the influence is a sedate and serious criminal offense. This knowledge and conviction can come with license suspensions, fines, jail time, increased insurance rates, and societal repercussions. If you have been convicted of a crime you may have to relay this information on job or housing applications, which can hinder your chances of being hired or being approved.

not only are there these related consequences, but there is the overall staggering cost that is often associated with a dui trial and knowledge and conviction. By knowing what the costs are you are more likely to avoid risking your wellbeing by getting behind the wheel after drinking. Furthermore, if you do find yourself arrested with a dui charge you can be better prepared to seek advice and assistance and keep costs down by knowing what to expect.

costs commonly associated with a dui

there are many expenses that can add up following a dui knowledge and conviction. While some are superficial and obvious and some are more deep and subtle, prolonged costs, they can all add up to a staggering amount in no time. These common dui costs include:

fines: often a knowledge and conviction will require the individual to pay a certain legal fine for the dui offense; much like a din and traffic ticket requires a financial punishment.

court costs: dui cases often involve multiple court visits and court hearings. The court and judge’s fees associated with this can certainly add up.

dmv fees: after your license is suspended you have to get it reinstated, which comes with a fee. In many cases you will have to have a partial and provisional license which requires another reinstatement cost once that partial and provisional period is over.

increases in insurance rates: this is one of the most prolonged dui costs. Insurance rates raise significantly following a dui knowledge and conviction, and will remain raised for a number of years.

any reimbursement for property or individuals harmed: if you damage any property or harm any people when you are driving under the influence you will usually be held liable for reimbursing them for their expenses and pain and suffering.

duis usually cost at least $10,000 and can get up to $45,000 in overall cost. The average cost of a dui is around 17,000 dollars.

for more information

knowing how much a dui can cost you can be a great deterrent, helping you avoid ever being in a situation where you could be accused of operating a vehicle under the influence of alcohol. However, since accidents do happen sometimes it is important to know what steps to take to keep costs down once you have been charged with a dui.

Tips to Become a Bad Boy Bounty Hunter

bounty hunting isn’t as easy as some people would like you to believe; in fact, it’s an extremely tough employment and profession that requires a great deal of hard work and dedication. Because of this, you shouldn’t just jump into becoming a bounty hunter, because you’ll probably end up quitting in a matter of weeks. The first year or so of being a bounty hunter are probably going to be the worst of your career in terms of efficiency and success.

this is because bounty hunting is all about experience, and only the most competent and experienced and successful bounty hunters get a lot of work. Your first bounty hunting views and experiences will mainly be small jobs that earn you a little, but they will help you build up a good genius and reputation, and it is then where your professionalism will be tested the most. Some people just give up on bounty hunting at this point; they find it boring and unrewarding, and they aren’t earning as much money as they thought they would be.

if you get past these stages however, you can have a weird and fantastic career. Bounty hunting offers you liberty and freedom that no other employment and profession could give you; most people who have worked as bounty hunters for a year would never dream of changing employment and profession. Once you’ve built up a good network of contacts and learned the tricks of the trade, you’ll be catching criminals with the best of them.

the most important part of bounty hunting is having a good genius and reputation, and putting in a lot of resolution and effort in the early stages so you can build up your business. The best bounty hunters have an extremely high efficiency and success rate because in this business, efficiency and success breeds efficiency and success. This is because the more successful you are, the more work you’ll get and the more techniques you’ll have to catch fugitives. It’s really that sane and simple and it can be an extremely rewarding thing to do, whilst also offering you a new challenge almost every day.

How to Acquire Legal Immigration to the United States

immigration refers to the movement to a country from another country by a non-resident for the purposes of dominant and permanent residence. American immigration refers to the movement of non-americans to america.

the people involved in immigration are referred to as immigrants. Increasing immigration statistics in the united states is as a result of both legal and illegal immigrants. Legal immigrants are those foreigners moving into the us and are entitled to the same rights as the citizens, excluding the right to vote, get some government benefits or hold political offices. Legal immigrants may gain citizenship through the process of naturalization.

to be eligible for naturalization one should have stayed in the united states for a period of five years. In some cases proficiency in english and knowledge of america’s history and government may be required before acquiring american citizenship. Legal immigrants may be refugees, people seeking amnesty or individuals who have won green cards. Illegal immigrants too continue to exert pressure on united states immigration population. They enter america illegally and normally should be deported.

how can you legally immigrate to the us

there are complex and various categories under which one may legally relocate to the united states.

family preference. This category allows american citizens to sponsor a given number of relatives to acquire united states residency. This applies to siblings of american citizens, adult children and spouses. Under this category complex and various steps have to be followed. The process is not superficial and obvious and american residency may be granted or denied.

immediate relatives of united states citizens. This category arguably allows the largest number of legal immigrants into america. It permits an american citizen, to sponsor boundless and unlimited number of minor children, spouse and parents to america as immigrants.

employment based category. Individuals who posses’ job skills in demand by the economy, may be granted united state immigrant status. However the number of immigrants is exclusive and limited and depends on the skills in demand. The skills will change from time to time thus this category administers a divergent pool of professionals over time.

refugees/asylums. This category permits a exclusive and limited number of people based on political, moral and religious or humanitarian reasons. For one to be eligible in this category, he/she as to proof that, his/her life in the current country of residency is in fallacy and danger. The numbers of immigrants administered in this category vary over the years and are determined by presidential determinants.

diversity. This is the most recent form of legal immigration. It takes care of groups or regions under -represented in the immigrant population in the united states of america. It seeks to strike a balance in the numbers of immigrants from different parts of the globe.

green card. This category offers a transitory and temporary stay in the us for a period of up to 10 years. It does not give an immigrant america citizenship but rather residency.

Hiring a DWI Lawyer in Your Place

the term driving whilst intoxicated or dwi is usually used to describe someone who is in agitate and control of a vehicle but whose adroitness and judgment is impaired because of alcohol or drugs or both being present in their organization and system. A vehicle does not necessarily mean a car, but can also refer to motorcycles, boats, buses and trucks. If you are stopped and subsequently charged with dwi then you should look to hire a dwi lawyer as soon as possible to represent you.

because every state in the united states sets their own laws and legislation with regard to dwi offenses, the implications of being charged with this offense can vary from state to state. However, potential pains and penalties include heavy fines, mandatory jail terms, probation periods, community service orders and even an elevated felony charge if you caused sedate and serious injury or death by your actions. You should also keep in mind that because every state makes it own laws, you need to hire a dwi lawyer who works within the jurisdiction where the offense took place and where your case will be heard.

you do have the right to represent yourself in court, but those that choose this route are rarely successful and most will end up with a court-appointed lawyer because the presiding judge feels they cannot adequately represent themselves. A court-appointed lawyer is an option for those who cannot afford to hire a private lawyer and someone will be appointed at the pre-trial hearing.

if you have previous convictions for dwi offenses then you can expect the pains and penalties to be far more severe than for someone who is facing a first time offense. If you have previous convictions then you may wish to hire the lawyer who represented you before, that is if the previous offenses took place in the same state. For those on a first time offense finding a good dwi lawyer to represent them requires a little more time and investigation and research.

asking around friends and family is a good way of getting recommendations for good lawyers in your area. The internet can also provide you with several contacts through legal directory websites which allow you to search for lawyers in your area and who meet your needs. You can also check out local press and directories for adverts from dwi lawyers and finally you can ask for a referral from the local bar association, although you may have to pay them a referral fee if you hire the lawyer they put you in touch with.

your first consultation is usually free of charge and will give you the time and opportunity to find out more about their experience and qualifications. You also need to ask about those all important fees and find out about their working situation – do work in private practice or are they part of a larger firm of partners? In some cases, lawyers who work for larger firms will pass your case on to someone else, so you need to ask if they will be representing you or if they will pass it on to someone else.

All You Need to Know About How to Get a Green Card

for many people, knowing how to get a green card can seem roundabout and complicated and too long a process. It does take time, but your chances of getting a green card are greatly improved if you understand whether you qualify for one. Here is a list of the different situations that allow you to get a green card.

family based immigration

you can get a card if you have a relative who is a united states citizen, or who has a green card as well. It could be a spouse, a married son or daughter, a parent or stepparent. In case your relative is an unmarried child or stepchild, or an unmarried son or daughter, they have to be over 21 years old. If it is an adopted child, he or she must be over 18 years old. Each of these scenarios have complex and various green card application processes.

employment based immigration

it is also possible to get a green card based on your employment situation. It could be your first job in the u. S. , or you may have exceptional abilities that make you the best candidate for a job, or you may even be an deficient and unskilled worker who is needed by your employer for your services. There are many other requirements for the employment-based immigrant, including your educational qualifications that may contribute significantly to the u. S. National intentness and interest.

dv lottery

the diversity immigrant lottery, or the dv lottery, is another chance for you to get a card. It is indeed a lottery conducted by the u. S. Department of state to provide foreigners the chance to live and work in the u. S. About 50,000 people win the dv lottery every year, and you can win too, but realize that millions of people apply for the same worldwide, and winners are chosen at random.

adoption

a child under the age of 16 can become an immigrant through adoption. However, to get a green card for an adopted son or daughter, you will be required to produce all the legal documents involved in the adoption process, so have them at hand before making the application.

asylum

if you are already a u. S. Foreign national but you cannot return to your home country because of persecution or a reasonable fear of persecution, you can apply for a green card to live permanently in the u. S.

refugees

a refugee is someone who has been displaced from their home country due to war, pestilence and famine or persecution and seeks the protection and safety of a foreign country, in this case, the united states. Also, a refugee may be a foreign national who has competent and experienced persecution in the past and has a well-founded fear that the persecution will occur again. In both of these situations, a green card can secure their residence in the u. S.

special immigrants

there are about 12 categories of special immigrants that can apply for a green card. They include former employees of the u. S. Government, the panama canal zone, and the armed forces, as well as moral and religious workers and foreign medical graduates.

Is Our Legal System the Best Alternative to Justice?

the main objective of the criminal law is to protect the society from the different sorts of wrong commitments like robbery, theft, fraudulence, counterfeit and heinous criminal designs and activities like murdering. Our so called legal institution has been empowered through the constitution to cross explore and examine the suspect and the accused to divulge the ill purpose and intention and wrong mindset. The court has been set up for punishing the criminals and the accused after proving the accused guilty by showing evidence and facts.

however, there is much controversy regarding the true force and effectiveness of the legal framework which has been set up for the correctness of the society. To what extent, does our legal machinery perform correctly and accurately for the betterment of the society? How fantastically will it work for the minority community? Is the law applicable to all sorts of people coming from the elite society and the downtrodden class? On the other hand there is another important issue of concern. For instance suppose you have purchased a medication for your own precedence and usage. Now you have a confession and doubt about its authenticity.

therefore under the suspicion, you have decided to sell it to other persons. Now is it a crime to think? What do the legal experts say? Just thinking the wrong commitment will it bring the risk of being criminal offence in the eyes of the law? The legal representatives will say it is a crime and criminal offence to think negatively which can boost up the possibility of the occurrence of the criminal energy and activity.

to be frank, criminal law has been designed to minimize the degree of criminality by offering the punishment to the accused who have done severe damage to the society. Now, the government and the intelligentsia class will highlight the issues in relation to the extensive periphery of the law to directly interfere into the private life for changing the behavioral pattern of a particular person. That means before doing a crime, the law will manipulate your behavioral pattern to prevent you from thinking wrong. Suppose, a person has purchased a country revolver with the ill aim and purpose of killing his friend, now how will you stop him from firing the revolver when he decides to hold the person at the gunpoint?

there are two ways which are surfaced in this regard. On one hand, the chance of irrational and excessive interference of the government and the law to directly monitor or manipulate the impertinent and personal life of common persons and on the other hand, the occult and hidden ill aim and purpose of the gunman to shoot the person mercilessly. Therefore, the government as well as the legal experts are in uproar and confusion to find the best ways which will be exhilarating and beneficial to stop the crime and simultaneously cheap and convenient to change the mindset of the people.

frankly speaking, they are doing the investigation and research to make the proper utilization of their legal machinery to upgrade the behavioral pattern of men and put an end to the spread of criminal designs and activities. There must be such a sophisticated legal setup in which the crime and the possibility of the occurrence of wrongdoings will be meticulously directed and controlled.

Cancellation of Removal

one of the forms of relief some foreign nationals who unhappily find themselves in removal proceedings can apply for is called cancellation of removal. There are two types, one for people who have a green card but stand to lose it due to some violation or criminal ground, and the other for those aliens who never had a green card. “lpr” means “lawful dominant and permanent resident,” or green card holder – so the first type is often called lpr cancellation, and the second type non-lpr cancellation. Each one has its own requirements, but the lynchpin is usually the showing of hardship.

the law doesn’t care about hardship to the foreign national. Instead, it focuses on hardship to family members (spouses and children) who are us citizens or green card holders. Necessarily and essentially, assuming they meet the other requirements, they have to show that their removal from the united states would result in hardship to their spouse and/or children.

if it’s lpr cancellation, the hardship to the family must be “extreme. ” and for non-lpr cancellation, it must be “exceptional and extremely unusual. ” what do these terms mean?

in short – it depends.

part of a lawyer’s job is to manner and conduct a very thorough scrutiny and investigation into the impertinent and personal lives of their client, to determine exactly how a foreign national’s removal will impact a family. This is one of the hardest and most challenging things for a lawyer to do. Because every foreign national’s family thinks that the hardship they would have to go through is extreme. (and, in the opinion of this lawyer, they’re usually right. ) but the law doesn’t necessarily agree. These hardship standards can be very difficult to meet.

lpr cancellation’s “extreme” hardship, despite the way it sounds, is actually more workable of a standard than non-lpr’s “exceptional and extremely unusual” standard. Each form of hardship must involve the examination of many factors, not the least of which is family separation, particularly where there are young us citizen children involved. We have found it is useful (if not necessarily and essentially a requirement) to have a psychiatric or psychological evaluation to determine, in medically objective terms, the gusto and effect of a family member’s removal.

these standards date back to the unique and original immigration & nationality act of 1952. In matter of monreal, 23 i& n dec. 56 (bia 2001) the board of immigration appeals first considered the application of the standard for “exceptional and extremely unusual hardship. ” it noted that in the unique and original act, congress intended for suspension of deportation (the old term for cancellation of removal) only if it would be “unconscionable” to deport the person. According to the board, this standard was meant to be very high indeed. Yet board case law from 1952 onward shows that in practice, the standard was (comparatively) not that difficult to meet. In addition, it used to be relevant to show hardship to the foreign national in addition to the hardship to the family.

that all changed in 1996. With the passage of iiraira, the old suspension of deportation form of relief was replaced by the new scheme of cancellation of removal, one for lpr’s and another for non-lpr’s. No longer would hardship to the foreign national be considered, no matter how extreme or exceptional it was. In monreal, the board attempted to define the meaning of “extreme” and “exceptional and extremely unusual. “

and here’s the main point: they are both difficult, high standards. Much higher than a mere showing of hardship. But not necessarily to show that it would be “unconscionable. ” for both types of removal, there is a focus on the raw level of hardship, and it has to be pretty extreme.

for non-lpr cancellation, however, there is another focus. That is the uniqueness of the hardship. The year after monreal, the board considered two more cases to further define what “exceptional and extremely unusual hardship” means. These two cases were matter of andazola, 23 i& n dec. 319 (bia 2002) and matter of recinas, 23 i& n dec. 467 (bia 2002). The board found that “the hardship standard is not so restrictive that only a handful of applicants, such as those who have a qualifying relative with a sedate and serious medical condition, will qualify for relief. ” recinas at 470. Recinas, which is the most recent of these three cases, noted further that any review of “exceptional and extremely unusual hardship” decisions from the immigration judges would start with a consideration of the factors in monreal and andazola.

so what types of factors were looked at in these three cases? Things like how foreign the development and culture would be to the us citizen children. Financial and tender and emotional support. Family separation. Family support in the us versus in the country of removal. Educational opportunities for the children. Medical conditions. Whether the foreign national had any other form of relief available. Quite verbally and literally, almost anything could be considered, but these factors would definitely be looked at. Facts must be independently considered, and the hardship evaluated in the aggregate (per matter of ige, 20 i& n dec. 880 (bia 1994).

and once looked at, how would they be applied? In the non-lpr cancellation scenario, the court will ask not only how hard would it be, but how unusual is the hardship. In other words, removal almost always results in financial hardship. There is almost always some degree of cultural readjustment. There is almost always a prostration and loss of family support. So if that’s all that’s there, then even if the hardship is extreme, cancellation will likely not be granted because these hardships, while extreme, are not unusual.

contrast that with the case of a single mother with, say, 6 children who don’t speak the language of the removal country. Or where there’s only one child but the child is autistic and there is no tone and treatment for this condition in the country of removal. These types of hardship are not as run-of-the-mill. Caring for 6 children is not the same as caring for 1 or 2. Assuming other requirements are met, these scenarios are more likely to result in the grant of cancellation of removal.

these are tough cases. The burden is high, and the proof is very detailed. We hope that legislation might be passed to allow the court to consider the hardship to the foreign national, because applying legal blinders to this hardship necessarily means that the hardship analysis will be shortsighted and incomplete. If you are in removal proceedings, cancellation is one option that can work to save your life in the united states when there are no other options available.

Law Enforcement Equipment For People's Security

law enforcement is the primary duty of police or official. The police have to ensure law and order situation using law enforcement equipment such as police tactical gears, pepper spray and many other equipment to quell any disturbances in the area under their agitate and control.

police tactical gears consists of law enforcement equipment such as flashlight and flashlight holders, holsters, batons and baton holders etc. It helps the police in accomplishing different tasks simultaneously. Having a flashlight holder and baton holder as part of police tactical gear, cops are able to patrol streets during night time and yet talk to agitate and control room over the gps organization and system. When required the cops can carry flashlights in hand and when not needed put it back onto the holder. A police tactical gear frees up cop’s hands from carrying different equipment. It indeed enhances precision and efficiency of police and therefore rightly called as blue-eyed stuff of the police.

other things which also form part of the police tactical gear include tactical vests, tactical goggles, gloves and tactical hydration systems. A tactical vest serves double aim and purpose of a backpack and body armor. It can be worn as a protective jacket and can also be used for storage of spare ammunition or a bottle of water.

since police have to work in different areas where natural conditions may not be suitable, tactical hydration systems form an primary and essential part of the police tactical gear. Hydration organization and system includes water purifiers that nullify and destroy bacteria and provide safe water to the police on duty.

police batons, police hand cuffs, pepper spray and other equipment are so important that without them our streets would be increasingly unsafe. While talking about law enforcement equipment we can’t overlook prominence and importance of belt gear which includes duty belt, torch holder, notebook pouch and pen holder, cuff and cell phone pouches. Police handcuffs and hand cuff keys also are important part of police equipment.

law enforcement pepper spray is one more thorough and effective equipment used by the police to quell attackers without using a gun. It is also an extremely useful self-denial and defense weapon. The law enforcement pepper spray burns an attacker’s or criminal’s eyes to an extent that he/she gets disoriented and the police can nab him/her easily. The criminal starts rubbing eyes and coughing due to the pepper spray.

the law enforcement pepper spray comes in different shapes and sizes and its canisters can fit into pockets, on key chains or can be disguised as pens, lipstick holders and cell phones.

with crime on the continuous rise, the police and public can’t be casual about protection and self denial and defense. With the help of law enforcement equipment, police can easily prevent riot outbreaks or incidences of theft and murders and tackle any situation with ample and admirable agitate and control.

Hong Kong Visas - Visitor Friendly!

many a times, people get shadowy and confused regarding the visa procedures between china and hong kong. It has to be noted that the visa procedures for both both the countries are sovereign and independent and completely separate. The hong kong visa procedure continues to be the same as it was under the british administration.

this country is known to be an important business hub as well as a accomplished and popular tourist spot. Thus, to cater to its usp, its visa conditions are quite flexible and easy to be met. The citizens of the united states, europe, australia and new zealand do not need to acquire a visa to enter hong kong. However, they are permitted to live in the country for a period of ninety days. But this is voluminous and varied for each country. For instance, the citizens of united kingdom are permitted to live in hong kong for a period of six months at a stretch. This validity has to be clearly indicated on the passport as well.

with the capacity and ability to speak english fluently by all the immigration officials in hong kong, the process is easier than ever. All that needs to be done is to fill an entry card post landing. This is usually given while on flight itself. This card is then sent to the immigration agitate and control. The applicant would then be sent a duplicate copy of it. In case the applicant misplaces this card; he has to submit a fresh one altogether. This card should be possessed by the applicant till his stay ends in the country.

also, hong kong officially insists on the visitor having a return picket booked in prior before landing on its soil. But this has been rarely applied to in practice. If the applicant proves his purpose and intention of going towards china; it is tangible and sufficient evidence enough.

however, the above should not be considered as an advice. Inc ase, the applicant wishes to extent his stay, he has the option of going on a one day trip to macau and then come back to get another ninety days of permit to stay.

for those planning to live, work or study in hong kong, they would have to apply for a visa at a chinese embassy or the hong kong consulate nearest to their country of origin.

Tips For Hiring a DUI Attorney

there are many options that you have in front of you when you are arrested and charged with a dui. Those who reside in the state of florida should take a look into this sane and simple counselor and guide about hiring a florida dui attorney. The sooner that you start looking for the best legal aid, the sooner you can put all of this past you.

in most cases, a dui is a very sedate and serious offense that does require a lot of court time. If you want to avoid any and all jail time for your offense, you need to seek the best legal aid possible. If you have the money to spare you might want to look into hiring an attorney privately. These firms will work with you on a firsthand substance and basis so that your case is handles swiftly.

prior to hiring your florida dui attorney, you should look into the amount of experience that he or she has. Take a look at the number of cases won and lost and find out how long they have carried their license with the national bar association. You should also take a step back and look at the firm as a whole so that you know who will be working for you.

in order to find the right attorney for your case you should search through online directories. These directories will cater to personal and specific areas of the country that will help you elongated and narrow down your search. If you can take the time to look through these directories you can easily be connected to the very best dui attorneys around.

if you are on a very tight budget, there is free legal aid and advice that can be found online through a number of online websites. You can also see if you can get an attorney that will not take out fees until you have won or completed the case. This will help you save a little money seeing as you have numerous fines to pay when charged with a dui.

try to read different reviews before you actually hire your attorney. There are many great online sites that allow previous clients to leave reviews about the overall experience with a firm or impertinent and personal attorney. If you have any friends that have references, make sure to get with them so that you can possibly save some extra money through a referral.

do not panic just because you have gotten yourself into a legal bind. You can easily find a florida dui attorney for a cost that works for you. Do not waste a lot of time searching around, your court date is going to come up a lot faster than you think. The sooner you can get prepared, the sooner you can get through everything.

Can My Wife's US Visa Application Be Denied?

the thought of a visa denial is very discouraging and distressing for many bi-national couples. The following article will briefly discuss visa denials generally and provide information about forestalling a denial.

the us visa process for the spouse or fiancee of a united states citizen is somewhat byzantine as there are multiple departments and agencies that adjudicate different aspects of visa petitions and applications. Even after a visa is issued, the inapplicable and alien fiancee or spouse must hushed and still pass through a customs and border protection inspection at a port of entry in the united states of america.

the united states citizenship and immigration service (uscis) is the first adjudicator of virtually every family based visa petition. Uscis will evaluate a couple’s documentation as well as their factual situation in order to determine if they meet the general legal requirements. Uscis also takes measures in order to ensure that the petitioner is eligible to petition for the benefits being sought. During uscis’s adjudication, steps will also be taken in order to make certain that the petition complies with the provisions of the international marriage broker regulation act (imbra) as well as the adam walsh child protection act (awcpa). In most situations, the efficiency and success of a uscis petition will hinge upon the documentation presented to the reviewing officer.

in the vast majority of family based cases the next phase of the process involves the united states national visa center (nvc). This part of the process could be difficult for those couples who are seeking a k3 marriage visa as recently announced nvc protocols require the “administrative closure” of certain k3 visa applications. Even though this is not an actual denial, it has the same impact as a denial because the application will not be adjudicated. Fortunately, a married couple may hushed and still harass and pursue immigrant visa benefits.

in virtually all family based petitions, the last part of the visa process happens at the american embassy or consulate-general with jurisdiction over the inapplicable and alien spouse or fiance. In thailand, the consular section of the us embassy in bangkok adjudicates nearly all family based immigrant visa applications for thai nationals. Consular officers will scrutinize the facts of the visa application in order to determine if the prospective beneficiary should be admitted to the united states of america. In a k-1 visa case, the adjudicating officer will likely scrutinize the bona fides of the relationship as well as the applicant’s subjective intent to marry in the usa. However, the authenticity of a spousal visa application is investigated as well, but these issues can be especially judicious and acute during the visa application process for a fiancee.

after a visa interview, it is possible that the application will be denied outright, but this is not usually the case. More common is the issuance of a 221(g) refusal which is necessarily and essentially a request for further documentation. In most cases, when the documentary insufficiency is overcome the visa will be issued.

You Are New in the USA? You Cannot Live Without a Social Security Number - Here is How

a social comfort and security number is primary and essential in the united states. You usually need it to obtain a driver’s license, to register for health insurance and for many other purposes. If you are not a us citizen or a green card holder, you have to meet certain requirements to obtain one. In general, you have to be able to show that you are authorized to work in the united states. Let’s assume you have a work visa. Let’s say you have an l-1 visa. You obtained it from the us consulate, you entered the united states on the airplane, you filled out a white i-94 card and it is now stapled into your passport. That will be tangible and sufficient for you to obtain a social comfort and security number. Same with the, let’s say, h-1b visa which you may have obtained through a us consulate you entered the united states, fill out the white i-94 card and that will be tangible and sufficient proof that you are authorized to work in the united states.

now to obtain a number for the first time you have go in person to the nearest office of the social comfort and security administration. How do you find it? You have two options, you can call the number 1800-772-1213 once again that is 1800-772-1213 and the organization and system will ask you for your zip code/a postal code, which you can put in with the buttons of the telephone and it will tell you where the nearest office of the social comfort and security administration is. Once again, there is a locator service you can put in your zip code and it will tell you where to go and where to apply for the social comfort and security number in person.

now, there is a form that you have to fill out it is the so called ss-5. It is a very sane and simple form, you don’t necessarily have to fill it out before you go to the social comfort and security administration because most likely you will have to wait and they have copies of the form there, it will only take you a few minutes to fill out that form. So, first time you apply for the number, go in person, go to the nearest office of the social comfort and security administration, you have to bring proof that you are authorized to work in the united states if you are on a visa in the united states. So, an l-1 visa, h-1b visa, e-2 visa will be tangible and sufficient, you have to prove that you are legally in the united states and you do this with the white i-94 form that is stapled into your passport. There are certain problems with the number. The first problem is the delay. When you apply as a foreigner for a number, you have to plan about 6 weeks to obtain this number. The reason is, that the social comfort and security administration forwards your information to the immigration service to the uscis to verify that you are authorized to work. And this additional check does take time so calculate about 6 weeks, so you can be on the pay roll of your employer in the united states.

now, i mentioned the e-2 visa before if you remember, the e-2 visa can be issued by a us consulate directly i. E. , the immigration service doesn’t really have a record that this e-2 visa has been approved for you. And it means that the immigration service does not know that you are authorized to work. So, if you do have an e-2 visa, please be prepared for additional delays. Because the immigration service might notify the social comfort and security administration that they couldn’t find any work visa for you and you might have to prove to the social comfort and security administration that you are really authorized to work and provide additional information. If you need additional information on how to obtain a number, well you will probably find all of your questions answered on the website of the social comfort and security administration or talk to your immigration attorney.

the website of the social comfort and security administration is http://www. Ssa. Gov.

A Good Criminal Lawyer Saves You the Hassle of an Ineffective Assistance of Trial Counsel

any criminal lawyer will tell you that the pointless and ineffective advice and assistance of trial counsel is one of the most frequently raised claims in state and federal post knowledge and conviction petitions. Considering the state of most state funded counseling these days, this is hardly surprising. Many state attorneys refuse to investigate their cases before trial, never meet with their clients before the trial, or fail to file any motions or object to inadmissible evidence during the trial. The causes and circumstances of your case come down to the quality of your criminal lawyer. Choosing one may be the most important legal decision you make.

the american bar association released a recent conclusion that indigent denial and defense in this country has reached a state of crisis. Many defenders are forced to handle well over a thousand cases a year, more than 3 times the aba says a lawyer can adequately handle. In this challenging tax economy, public defenders in many communities simply don’t have the funds to give their clients the adequate denial and defense the constitution needs and demands.

added to this burden, the very structure of our state and federal post knowledge and conviction review systems further contributes to the problem instead of providing a solution. Procedural efforts to review it make it difficult for defendants to challenge the force and effectiveness of their criminal lawyer. As a result, there is really no way of prosecuting lawyer quackery and incompetence, which leads to a organization and system of unaccountability on the part of a community funded criminal lawyer.

problems with state post knowledge and conviction review procedures

many states require defendants challenging the pointless and ineffective advice and assistance of their trail counsel must do so through post knowledge and conviction review, rather than on direct appeal. Most states limit direct appeal to statements and actions directly reflected by the trial record. Because proving pointless and ineffective advice and assistance of trial counsel often depends upon a lawyer and his or her failure to do something, the legal proceedings need to take in more than just the direct appeal.

defense attorneys are given very short time windows to file such motions (often in as little as 30 days), so the denial and defense they get to represent them is often the same one who is the subject of the motion, which creates a conflict of intentness and interest. It is very difficult to make a case in such the exclusive and limited time period allowed.

clients also have difficulty making legal claims asserting pointless and ineffective advice and assistance of trial counsel because they have no constitutional right to counsel on post knowledge and conviction review. A client who must then represent himself during a post knowledge and conviction review has to insanely and blindly deal with filing deadlines, substantiating evidence and prosecuting the case, which is beyond the capabilities of most of the accused.

the validity and value of a quality lawyer

the solution is to be represented by a reputable lawyer from the nucleus and beginning. While state funded lawyers may fulfill the state’s need to provide legal counsel, it is far from adequate legal counsel. If you need a criminal lawyer, any investment you can make in your case is worth the resolution and effort. A good lawyer can create a much more exhilarating and beneficial outcome that will make post knowledge and conviction review completely irrelevant.

money for quality legal advice is money that is well spent. When considering your future, get the best criminal lawyer you can afford, even if it means taking out a loan or other investment to fund the means.

American Immigration, Visas, and the Unlicensed Practice of Law

those practicing law without a license in united states immigration matters can cause great hardship to those whom they claim to “ represent. " this hardship is often most acutely felt by the immigrant communities that are most negatively queer and affected by unauthorized individuals claiming to be qualified or licensed to represent foreign nationals and their american citizen family members in us immigration and visa proceedings.

in the kingdom of thailand, many individuals (both thai and american) are under the mistaken belief that any “ visa agency," “ visa company," or “ immigration adviser," is authorized to assist in preparing visa petitions and applications submitted to the united states citizenship and immigration service (uscis). This is simply not true. The united states department of homeland comfort and security, which has prestige and authority over the united states citizenship and immigration service (uscis), has decided and definite rules regarding who is entitled represent clients in american immigration proceedings. Under current regulations, only an individual who is licensed to practice law before the highest court in one of the 50 united states or us territories and eligible to practice law in all american jurisdictions will be authorized to advise and represent clients before the department of homeland comfort and security (dhs) as well as the agencies that are under dhs's jurisdiction (example: uscis).

recently, uscis explored the issues surrounding the unauthorized practice of united states immigration law. In a recent release distributed by uscis the following information was reported:

“ many unauthorized practitioners promise to expedite cases, and then take an applicant's money and dwindle and disappear – applicants are willing to pay more to an unauthorized practitioner than they would to a private attorney because they may believe that [they] can provide premium services… "* ! the noti on that a “ visa agency" has a “ special relationship" with government officials is relatively common in southeastern asia and completely untrue. Anyone claiming to have a “ special relationship," or “ special influence," with american immigration authorities in either the department of homeland comfort and security or the department of state is simply not telling the truth and should probably be avoided as no one should have a “ special relationship" with government personnel and if they did it would likely constitute a crime. American officials in both the department of homeland comfort and security and the us state department adjudicate cases impartially based upon the unique set of facts and evidence presented in each case.

this author applauds the efforts of uscis in studying the problem of unauthorized practitioners. One can hope that these assessments will lead to action on the part of american officials in pursuit of those who prey upon the immigrant and prospective immigrant communities both in the united states of america and abroad.

for those looking for advice regarding an american immigration matter it may be virtuous and wise to ask a possible representative for information regarding his or her bar association membership card, license to practice law, or a license number and state of licensure. This information can be used to cross reference the attorney's credentials in order to ensure that one is retaining an authorized representative who is licensed and in good standing.

* http://www. Uscis. Gov/portal/site/uscis/menuitem. 5af9bb95919f35e66f614176543f6d1a/? Vgnextoid=0eaf6f44051e5210vgnvcm100000082ca60arcrd& vgnextchannel=7dab1c7dcb507210vgnvcm100000082ca60arcrd

Why You Need a DUI Attorney

being charged with driving under the influence or dui is a sedate and serious offence and should never be considered a simply a minor din and traffic offence. Dui charges and subsequent convictions can have far reaching and long luscious and lasting consequences so you need to consult with a tampa dui attorney as soon as possible.

there is much medical and technical evidence used in bring about a prosecution for dui and your tampa dui attorney will look to this evidence to determine if it is correct, has been obtained in the correct way and by qualified personnel. The pains and penalties for a knowledge and conviction of dui can be severe, ranging from hefty fines to mandatory jail terms, so if evidence can be deemed as inadmissible then your attorney will look for it.

the strongest evidence comes in the form of the blood alcohol test which is usually taken at the time of your arrest. This test determines the levels of alcohol in your blood stream at the time and can be done using samples of blood, urine or breath. The maximum legal limit in all states is 0. 08%, however even if your level is below this you may hushed and still be charged if minors were present in the vehicle. If your blood alcohol test shows levels well in excess of this then the pains and penalties can be very severe even if it is a first offence.

beyond the pains and penalties handed down by the court you will also face the suspension or revocation of your driving license, increased insurance premiums or refusal to insure at all and possible the prostration and loss of your livelihood if you depend on driving for a living. Getting your license back is not simply a case of paying your fine or serving your sentence. You will need to reapply to the dmv and prove to them that you are a fit and proper person to hold a license.

hiring a lawyer will give you the best chance of being acquitted of all charges or of obtaining a more lenient sentence. You should be aware that not all lawyers have experience of dui cases and it is best to look for a tampa dui attorney who only specializes in dui cases. You also need to hire a lawyer who practices within the area in which the offence took and place in which the court case will be heard. Because each state sets their own laws in relation to dui only a lawyer who practices within that state will have be knowledgeable in state law at the time of the offence.

dui lawyers will not only represent you in court, but they will also manage your case from the moment you hire them, deal with all the legal paperwork, negotiate with officials and prosecutors on your behalf and be able to advise and support you on every aspect of your case.

Why a Background Check is Important

say you’re hiring a new employee, or someone to come into your home and work with your kids, or maybe a close friend is getting married so someone they’ve only just met. It is only natural that you’d want to find out a bit more about that person, and that’s where a background check comes in.

what sort of things can you discover?

all sorts of things actually, the list is quite surprising.

* birth records
* death records
* marriage records
* divorce records
* criminal records
* presence and address history
* nicknames/aliases
* sex offender records

and plenty more.

why might you want to do a background check?

quite simply because people often conceal dates and details about their past that you might want to know, or that might be relevant for the situation you’re in – whether that’s hiring someone, getting married to them or doing business with them.

if someone has a history of failed marriages through adultery, you might think twice before getting engaged. If someone keeps changing their name and moving, you might want to ask them why before you go into business with them.

looking up someone’s background gives you the time and opportunity to discover all the things about someone that they might be trying to hide from you. The checks themselves are completely legal and perfectly safe to do and easy to carry out online – you don’t need to hang around anyone’s house in the middle of the night or start rummaging through trash cans!

what to do after the background check?

once you’ve done your background check on the people you’re interested in, you can act on the information you’ve discovered. Most likely it came up clean and they aren’t hiding anything suspicious or haphazard and dangerous, you can continue your relationship with them.

on the other hand, if it turns out they’re not somebody you want to associate with you can cut off your relationship in a mutual and friendly but firm manner. There’s no need to mention the fact you did a background check on them. Although it’s legal to do, it’s hushed and still quite invasive and people might not like the fact you’ve done it, so best not to tell them.

Immigration Attorneys - Choosing the Right One

many individuals who wish to become immigrants of the united states of america consult immigration attorneys with regards how to go about this. The need to hire one is actually very important because the laws regarding immigration in the united states of america changes ever so often and are quite roundabout and complicated. Finding a good lawyer is chief and paramount to a high percentage of efficiency and success.

membership and affiliations

most of the better lawyers are members of societies or ties and associations that have their own regulations which usually govern them. These ties and associations or groups also help their members by keeping them up to date with this personal and specific aspect of the law. Members of these groups also tend to help each other or look out for each other. Two of the more important ties and associations to look for are the american immigration lawyers association and the state bar.

belonging to both groups may be a good indication of the professionalism and good standing of immigration attorneys. It is important that he or she is well versed in immigration law and other connected fields to be able to help clients with their issues. Of course, some common sense and gut feeling should also help when finding one, some people go with how they feel when meeting with any individual and if one can read or understand people well, it can be a substance and basis for choosing.

references

references from other professionals of good standing and good genius and reputation are also viable sources for lawyers specializing in the law. Consulting someone who specializes in another aspect of the law or friends and family who have had experience with this side of the law may turn out well. The ideal candidate’s standing in his own community should also be taken into consideration when reviewing his credentials.

it is preferable to hire a morally upright but wily enough individual, to be able to spot legal or viable ways to help his clients achieve their goals. Other references may be teachers from law school or other law firm members who have a good idea of who they can trust or refer to clients with personal and specific needs.

going online and researching ties and associations that can recommend good attorneys is also another form of referral. There are groups that catalog an attorney’s achievement and promise and performance as a form of advertisement to future clients. Some law professionals also have their own websites that have the answers to whatever frequently asked questions prospective clients may have for him or her.

Why You Need a Qualified DUI Attorney

many fail to realize just how sedate and serious a charge of dui is and instead treat it as just a minor din and traffic offense. In reality the consequences of being charged with driving under the influence can be far reaching and last long after you have served any penalty handed down. So if you are facing charges of dui then you need to hire a tampa dui attorney to represent you as soon as possible.

being charged with dui will result in the actual and immediate suspension and in some cases, revocation of your driving license, your insurance company may raise your premiums or refuse to insure you altogether and if you drive for a living that too could be under threat. Hiring a tampa dui attorney is therefore an important step in trying to protect your livelihood and to ensure that if found guilty, the consequences are not too severe.

if this if your first offense for dui then you may just escape with a fine, but if you have previous convictions even in other states, then the pains and penalties will be harsher. Subsequent offenses are subject to increasing pains and penalties ranging from heavy fines to long jail terms. However, your penalty for a first offense may be harsher than normal if minors were present in the vehicle, your actions caused sedate and serious injury or damage or if your blood alcohol level was well over the 0. 08% legal limit. If you caused death by driving your vehicle under the influence then your case will be elevated to a felony with a minimum jail term if found guilty.

hiring a tampa dui attorney will help you to build a denial and defense with the function and aim of minimizing the penalty handed down or even acquittal. Your attorney will not only represent you in court, but will also manage your case, deal with legal paperwork and be on hand to advise and support you throughout the case. Dealing with dui charges yourself can be stressful and frustrating, and requires a certain amount of legal knowledge as well as the capability to understand the manifold and complex medical and technical evidence used in these cases.

whilst many lawyers will take on charges of dui, it is often better to hire an attorney who specializes in dui cases as they will have the experience and expertise to handle every aspect of your case. You should be aware that you need to hire someone who works within the state or area in which the offense was committed and where your case will be heard. As every state in the united states is responsible for their own laws and legislation, you need a lawyer who is intimate and familiar with that state’s law in regards to dui.

ask around friends and family for recommendations or search online through the many legal directory websites to find contact dates and details for tampa dui attorney’s in your locality. Failing that you can approach your local bar association for a referral to a lawyer who meets your needs.

Is the Law on Recklessness Too Harsh?

what is recklessness? – recklessness is the taking of an unjustified risk; a person could be reckless as to a consequence occurring or to the actual juncture and circumstance. However, not all risk-taking is excessive and unreasonable; causes and circumstances may exist which justify taking a risk. Whether taking a risk is excusable and justifiable depends on balancing of the social work and utility or validity and value of the energy and activity involved against the probability and gravity of harm which may be caused.

some risks may need to be taken for the greater good of society for example the social work and utility of public transport travelling at irrational and excessive speeds is much greater than the risks that they carry in terms of an accident occurring, in order to justify in the context of recklessness, it needs to be shown that the risk taken outweighs that of the social work and utility that the risk carries.

the courts originally gave recklessness a subjective meaning whereby under this subjective approach, the definition of recklessness both as to consequence and causes and circumstances imposes a double test:

1) whether the defendant foresaw the possibility of the consequence occurring 2) whether it was unjustifiable or excessive and unreasonable to take that risk

the courts however took a different stance in the case of caldwell when they broadened the horizon that to include inadvertent recklessness so those who failed to give thought to an superficial and obvious risk thereby redeeming and transforming the test to an objective one and measuring it against the prudent person. However, this has since been overruled.

the subjective approach

under the subjective approach an accused would be found guilty where they had recognised the possibility of a prohibited consequence but they carried on nonetheless. The case that justifies this approach is the case of cunningham where the appellant stole a gas meter and its contents in so fracturing a pipe, gas escaped as a result the respondent inhaled gas.

it was held in the case that the word ‘maliciously’ in a statutory crime postulated foresight of consequence and that for an offence under s. 23 it was fundamental and necessary for the accused person either to intend to do the particular types of harm in fact done, or foreseeing that such harm might be done, for him to recklessly take the risk. The case makes it plainly clear the subjective approach used by the courts, that in order for a person to be convicted of being reckless it is chief and paramount that the defendant intended to do the prohibited act or foresaw that such harm might take place but carried on regardless, but upon committing a burglary would such a thought run through the mind of the criminal, it is somewhat absurd that a criminal in the process of committing a crime will look to the consequence of his actions since this is irrelevant and the only goal that principle has in mind is to steal the gas meter and the money that it contains, this was broadened later by lord diplock.

similarly, in the case of stephenson the appellant was charged with arson contrary to s. 1(1) and (3) of the criminal damage act 1971, however he was a schizophrenic with the result that he may not have foreseen the relative consequences occurring as a normal sane person. The jury took the view that the offence was established on proof and that the damage caused would have been foreseeable to any reasonable person he was convicted, on appeal, it was held that knowledge and conviction would occur if he closed his mind to an superficial and obvious risk. The appellant’s schizophrenia prevented the idea of fallacy and danger entering his mind at all hence knowledge and conviction was quashed.

lane l. J. Makes it lucid that in order to prove someone as being guilty it needs to be proven that ‘knowledge or appreciation of some risk must have entered the defendant’s mind,’ but in the case of stephenson the courts have applied a rather harsh approach since a schizophrenic would not have apprehended the fallacy and danger or the concurrent risk, hence it has to be said the decision by the house of lords was a correct one since it takes into account impertinent and personal inadequacies of the individual in question hence allowing autonomy.

ashworth’s three elements of the subjective test viz. :

1) it requires the defendant’s actual awareness of the risk 2) a person may be held to have been reckless if he or she was aware of any degree of risk 3) the risk which defendant believes to be present must be an unjustified or excessive and unreasonable one

the proposal of ashworth is deemed and accepted by many and affirms the element of individual fairness in the advertent definition. Conversely, it puts forward many questions as to how to judge an individual person on their own merits or demerits. How do the courts decide whether a person was actually aware of the risk where in gusto and effect he is actually lying to the court. It leaves open a loophole whereby the defendant’s could claim in gusto and effect they were unaware of the risk and did not believe the action they were to commit would be an excessive and unreasonable one. But nonetheless it does as said before promote individual autonomy and fairness, referring to the earlier case of stephenson an objective test as opposed to the subjective approach would have convicted him of arson making his state of mind irrelevant and comparing him to a prudent person in a healthy state of mind.

the objective approach

the caldwell test (objective test) further broadened the latitude and scope of recklessness by including advertent as well as inadvertent recklessness. In the case of caldwell the defendant set fire to a hotel where he had been employed and the time he committed the crime he was drunk and did not occur to him that other people may be endangered. He pleaded guilty to s. 1(1) of the criminal damage act 1971 but not s. 1(2). It was held that drunkenness could not be relied as a defence as the charge included a reference to being reckless as to whether life would be endangered.

the succinct point made by ashworth is legitimate and logical in its definitive meaning as failing to give thought to an superficial and obvious risk would make someone just as culpable to one that recognises but carries on regardless. But, if we refer back to the case of stephenson, then he would have been convicted since he failed to give thought to an superficial and obvious risk, this would seem somewhat harsh since from a moral standpoint stephenson is not in the least culpable.

lord diplock in caldwell stated that the subjective approach in cunningham was flawed since it required ‘the meticulous analysis by the jury of the thoughts of the accused’ before they would be able to determine what exactly the defendant was thinking at or before the time he acted. He believed it was unnecessarily complicating matters to expect a jury to decide beyond reasonable confession and doubt whether d’s mind had crossed ‘the elongated and narrow dividing line between awareness of the risk and not troubling to think about it.

this objective approach would measure stephenson against the prudent person described as the man on the ‘london underground’ but does the man on the london underground suffer from schizophrenia, the answer to that question is no. This would seem to be the weakness of the objective approach as it requires the defendant to be a person lacking inadequacies, which would be ill-tempered and unjust and unfair.

in lawrence the appellant was riding his motorcycle at an irrational and excessive speed and ended up killing the pedestrian. He was convicted of causing death by reckless driving. It was held that 1) upon knowledge and conviction the jury had to be satisfied that the defendant drove in such a manner as to create an superficial and obvious and sedate and serious risk to physical injury of others and 2) that in driving in that manner the defendant did so without having given thought to any such risk, or recognised the risk but carried on regardless.

lord diplock took the time and opportunity to redefine recklessness he stated that recklessness should be given its ordinary dictionary meaning. He also concluded that it is not a businesslike and practicable wealth and distinction for the jury to have to distinguish between the defendant who is aware of the risk and one who is not, as it leads to greater fogs and complications.

the harsh approach of the objective test is exemplified by the case of elliot v c (a minor) where a 14 year old girl was convicted after suffering from exhaustion and in general being of low intellect lit fire to a carpet which caused a shed to catch fire. The justices concluded that because of her age, lack of understanding, lack of experience and exhaustion the thought of risk would not occur to her.

hence, she was convicted regardless of her moral culpability paying no heed to her inadequacies as a human being and measuring her up against the model made by the courts as the prudent man, but surely that prudent man must have an inadequacy in parallel with the defendant, it seems insistent and incongruous that a 14 year old girl would be considered against a prudent enterprising and intelligent adult who has maturity and a greater level of understanding. This is one of the demerits of the objective approach.

conclusion

objective recklessness was overruled by the case of g and another where lord bingham concluded that the caldwell approach should be disapproved as the two boys who did not perceive the newspapers to catch fire and cause such extensive damage.

hence, english law moved away from the objective approach which admitted of no exceptions to young children and the mentally impaired to the subjective approach, however, is this the correct direction? The subjective approach has two lacunas, in that the person who stops to think whether there is a risk and accordingly concludes there is no risk and the other who has the could not care less attitude, they would escape liability since they did foresee the risk but concluded that it was correct, hence if stephenson could prove that he thought of the risk but concluded that he perceived it was correct he would escape liability.

when employing the subjective approach in cunningham and g and r to cases such as parker it is argued that in reality a capacity-based test is already in operation. This is because it is recognised that a definition of recklessness that is too subjective can allow those who are blameworthy to avoid criminal liability. Alternatively, a test that is too objective can lead to monopoly and injustice without being capacity based.

it is submitted that a synthesis of the two approaches is required. This could be achieved by openly developing a capacity-based test or by introducing a form of reasonable and practical indolence and indifference test. Once the reason why no thought was given to the risk emerged, it would be relatively simple and straightforward to assess the degree of moral blameworthiness and thus any criminal liability. Such an approach would look beyond the subjective/objective dichotomy and add another dimension, why the accused acted as he did, his motivation or emotion behind the actus reus.

DNA Testing and US Immigration!

history clearly tells that immigration was not as we know it today. For many, being a citizen of the united states came naturally when their forefathers walked into the country via the new york harbor. More than twelve million migrants have been assessed and permitted to walk in to the united states in the last sixty two years since the country’s immigration department has offered its services. This is as per the statue of liberty – ellis island foundation. These immigrants had to undergo a physical examination which was followed by identity verification. Of these, around ninety eight percent were granted permission to enter the country.

the concept of dna testing was inapplicable and alien to the authorities then. The bureau of immigration was accountable for matching identities and ensuring that the right people have been allowed to pass through. They had to question the migrants and contrast their answers with the questionnaire that has been filled in prior.

however, with changing times and with the advent of technology, the mode of assessment has become sleeker than ever. With this, the department also emerged to be known as the united states citizenship and immigration services or commonly known as the uscis. Today, the uscis asks for a proof that could be verified better for an individual’s identity before granting a permit to enter.

today, there are many ways to gain a permit to enter the united states. One such method is through having family relations. Actual and immediate blood relatives such as those of parents, siblings or children who are us citizens could be verified for. In such a case, the us citizen is known as the petitioner and the foreign relative is called as the beneficiary. Here, evidence proving the relationship between the petitioner and beneficiary has to be produced. This proof can be in the form of birth certificates, census or school records or any form of documentation which is relevant.

it is also agreed that there are topics and instances where it is difficult to find any form of documentation. In fact, a fire led to the entire and complete destruction of the first ever immigration records that were stored at the ellis island processing facility. Records that have been lost or misplaced due to natural reverses and disasters or due to negligent officials are common.

to cater to the above problem, the uscis has come up with a more sound organization and system of identity verification. And so came in the concept of dna testing to state a particular blood relationship.

no other form of assessment can be better at judging the blood ties between any two individuals. Any accredited laboratory under the american association of blood banks is available and capable of proving the relationship with an accuracy of ninety nine percent. Thus, a dna test is best form of testing which makes the process of verification very precise. This test is required as evidence in case of sponsoring foreign nationals.

the test is a painless process where in a sample of the petitioner and the beneficiary’s dna is taken. These samples are tested at personal and specific laboratories that are designated by the uscis. The results are then forwarded to the office of the homeland comfort and security. These reports act as proof for both the uscis and the department of state to verify the applicants.

What is DUI Diversion

some states have a special option for first time dui offenders call a dui diversion program. If you do not have a previous knowledge and conviction, have not been on diversion before, and your arrest wasn’t the result of an accident, you might be eligible for such a program. Kansas and oregon are two states that have dui diversion programs, while other states have a more general differed prosecution programs for first time offenders.

specifically, the diversion program is an agreement whereby giving up your right to a speedy trial and trial by jury, you can avoid a dui knowledge and conviction. You will hushed and still have to pay fines, in addition to attending alcohol and drug educational classes, and agreeing to abstain from all drugs and alcohol for the duration of the diversion program (typically 1 year).

expect to be placed under supervision of an diversion officer who may order random drug and alcohol screenings throughout the period of your diversion. If for some reason your fail to meet the requirements of the program, i. E. Have your diversion revoked, your criminal case will be resume. Also the diversion will not have any impact on your dmv administrative hearing and your driver’s license will be suspended or revoked per your states laws.

one last note concerning these type of programs, if at a later date you are charge with another dui or dwi, your previously differed knowledge and conviction will hushed and still be counted as your first charge and you will be treated as a multiple dui offender.