Florida Felony Sentencing Guidelines

Posted by on Nov 3, 2014 in Criminal Law | 0 comments

Florida has an extensive criminal sentencing system history that dates back to when all felonies were eligible for parole for crimes committed before October 1, 1983 even for what is termed “life” felonies where the prescribed punishment was a life sentence. Historical developments had made it necessary for the system to be changed several times, primarily because of the increase in the Florida population as well as practical issues such as the costs of state incarceration.

The current sentencing guidelines for felonies today bear very little resemblance to the original system back before 1983 but which remains a threshold for determining if the individual will be held to that standard or the current one. In other words, a felony i.e. murder committed prior to October 1, 1983 will be treated differently from crimes committed on or after that date. More information about felony sentencing is available on the website of the Flaherty Defense Firm.

There are five classifications of felony in Florida for purposes of sentencing, all of which sentences of more than a year are carried out in a state prison. There are many exceptions to these rules as any competent Florida criminal defense lawyer will be aware of.

  1. Capital Felony: The Florida Statutes provides under § 921.141 that a capital felony is punishable by death or life imprisonment without parole. Capital felonies include armed kidnapping, capital drug trafficking, and murder.
  2. Life Felony: Life felonies committed before October 1, 1983 is eligible for life imprisonment or no less than 30 years while those committed on or after that date is eligible for life imprisonment or no less than 40 years. However, there are several more conditions that have to be considered based on exactly when the crime was committed and the nature of the felony. For example, the punishment of “lewd or lascivious” molestation of a minor by an individual 18 years or older committed on or after September 1, 2005 is life imprisonment or no less than 25 years followed by lifelong probation or community control.
  3. First Degree Felony: Generally, this type of crime warrants a sentence of up to 30 years unless specifically provided for by statute which could bring it up to life imprisonment.
  4. Second Degree Felony: A conviction under this classification carries a sentence of up to 15 years in prison.
  5. Third Degree Felony: Under the current statutes, a felon in the third degree may spend as much as 5 years in prison.
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Risperdal Lawsuits

Posted by on Oct 8, 2014 in Dangerous Products | 0 comments

Galactorrhea is a condition where there is spontaneous discharge of milk-like substance from the breast that is not linked to breastfeeding after pregnancy. The discharge may appear milky white, but it is not always milk, and can come from just one breast or both. Although it is common in women, it can also occur in men. There are several factors that can lead to galactorrhea, and taking certain psychiatric treatments can result in patients exhibiting it.

Certain anti-psychotic medications such as Risperdal (with its active ingredient risperidone) can cause hyperprolactinemia that could lead to galactorrhea. Although it would generally require large doses of Risperdal for patients to experience galactorrhea, recent studies have shown that even lower doses can still cause adverse effects.

Those who have suffered from galactorrhea due to taking Risperdal have also higher chances of developing other side effects that this anti-psychotic medication can cause. Aside from galactorrhea, those have taken Risperdal have also reported experiencing heart arrhythmia, sexual dysfunction, tardive dyskenisia, pituitary tumors, and gynecomastia. The manufacturers of Risperdal, Johnson & Johnson, has already been fined by an Arkansas judge after it was discovered that they did not provide the complete report on the risks that Risperdal may cause to patients.

Those who have experienced severe side effects from Risperdal, such as gynecomastia and galatorrhea, have already filed for a Risperdal lawsuit in order to make the manufacturers liable for their negligence. Those who have loved ones of who are taking Risperdal are urged to immediately report and side effects that they may be suffering, and consult with their physician and lawyer to determine if they are qualified to file a Risperdal lawsuit. Despite the number of risks and FDA warnings that come with Risperdal, it is still being used as an anti-psychotic drug and is being sold in the market. Although galactorrhea can be treated and can be a small annoyance to most people, galactorrhea can still affect the quality of life of the patient.

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Real Estate Litigation

Posted by on Oct 6, 2014 in Real Estate Laws | 0 comments

The world of real estate can be a difficult place to navigate through, and if you are in the process of buying a property it would be a great asset to have a lawyer to help you through the whole deal. At first it may just seem like an additional expense, but consulting with and eventually hiring lawyers for real estate litigation is often always money well spent. Although generally people can negotiate and purchase a house on their own, there are certain aspects or real estate litigation that would require the assistance and expertise of a lawyer.

After the purchase, the contract between the seller and the new owners should be made legally binding. Having a lawyer to help you purchase and draft the contract would allow you to own the property in accordance to the law of the state. Specific issues and state laws are followed and everything about the purchase and contract is made visible and effectively addressed to avoid conflicts and misunderstandings that could compromise the purchase. There are instances where the seller has no legal right to sell the property. This is why lawyers perform title searchers: these are done by and through lawyers to determine whether a property is legally up for sale without any type of encumbrances such as liens and judgments. Issues such as these can cause problems to the new owners, and could complicate the purchase should the new owner plan to get a mortgage or loan.

Filing for real estate deeds generally begins at the county and state level, and for Dallas real estate litigation lawyers, it will be more efficient and faster to process the transaction with the guidance and representation of a lawyer. They are crucial in navigating through the intricacy of state regulations as well as cutting through red tapes in order to make the purchase brief and legal. There are many legalese in real estate litigation, and avoiding such complications would give less worries.

The financial commitment that comes with real estate litigation and purchase can be significant enough to affect your life. Because each real estate purchase is unique in its case, having someone on your side that you are sure to protect and enforce your rights can make the transaction faster and smoother.

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Reducing the Incidence of Trucking Accidents with Technology

Posted by on Oct 5, 2014 in Automotible Accidents | 0 comments

Technology has helped in making sure the roads are safer for everyone. There are many technological equipment that have made vehicles faster and safer, and also helps in evaluating and measuring driving behaviors that can lead to lower rates of road accidents. One of the many helpful equipment being used in vehicles, especially by commercial truck drivers, is dashboard cameras, or dash cams. They are often called Digital Video Recorders (DVRs) or In-Car Cameras. And are little video cameras that are installed inside the vehicle that would continuously record both the audio and video.

Most dash cams works pretty much the same way: they automatically turn on and start recording once the engine is started. Along with the video, the speed, and the route will all be stored on a micro disc or memory card that can easily be ejected from the dash cam and plugged into a computer. There are also dash cams that have shock sensor features that would automatically record video in an event of a shock from an accident.

Dash cams are vital in commercial trucking, because aside from recording speed and route through GPS, they can be used as evidence in a commercial truck accident. Truck accidents often lead to serious injuries and significant property damage, and finding out who is at fault for the accident would determine who will be liable for compensation. In the court of law, dash cam recordings would help establish the cause of the accident. This is important in a personal injury lawsuit after a truck accident, as it says on the website of Habush Habush & Rottier S.C. ®. Claimants must present evidence in order to have a positive outcome from the case. It will report to authorities who were negligent or reckless in their driving that eventually lead to the accident. Likewise, dash cams help prevent vehicle abuse and misuse, and will greatly contribute to vehicle logistics and fleet maintenance. They will report poor driving decisions and skills and dangerous activities that could be detrimental to the trucking business. A good way to help keep a trucking business in the money, however, is by using a factoring service. TBS Factoring says that a factoring service can help a trucking company get its payments in on time, when they are needed.

Because of the different laws each state has on car accident, safety driving, and personal injury laws, it helps to have dash cams as proof of responsible driving. It helps keep the roads safe and protect motorists from criminal liability. Investing in dash cams would not only help in keeping you safe from accidents, but also provide necessary information in an event of an accident.

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Laws Regarding Overtime Pay

Posted by on Oct 3, 2014 in Employment | 0 comments

The state of New York follows the Department of Labor’s rules regarding overtime pay. Employees who fall under the Fair Labor Standards Act (FLSA) who are required or permitted to work overtime have the right for overtime pay of at least one and a half times their regular pay, provided that they are covered under the minimum wage law. Overtime work is work that is rendered over the necessary 40-hour work week. There are many misconceptions or misperceptions regarding overtime pay and unpaid wages, and although states have the freedom to create additional laws regarding overtime wage protections.

Not every worker in the state of New York is qualified for overtime pay. Making sure you are under the overtime law would ensure that have the legal right to ask for unpaid overtime wages. In order to determine if you do qualify for overtime pay, you can visit US Department of Labor website or directly consult a lawyer who understands the laws in that particular state. Because many workers are not aware of don’t really understand their eligibility for overtime pay that many suffer from unpaid wages or are being taken advantage of by their employers.

There are different options for recovering unpaid overtime wages, and it is important to first talk with a lawyer to determine which will work for a specific case. The first option is to have the Wage-Hour handle the payment of the unpaid overtime wages, of the Secretary of Labor could file a lawsuit for the back wages along with additional penalties that could potentially double the amount of back pay if it is proven that the employer deliberately violated the law. Another option is the employee directly files a private lawsuit, although this option will be unavailable if the Wage-Hour or Secretary of Labor has already filed suit for recovery of wages.

One last option is by obtaining a court order to restrain the employer for violating the FLSA. Each state may have their own way of handling the recovery of lost wages and overtime pay issues and the different remedies may provide different remedies that will be awarded to those who have been proven to have unpaid overtime wages.

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Don’t Let Your Elders Suffer Abuse

Posted by on Oct 1, 2014 in Nursing Homes, Personal Injury | 0 comments

When considering a nursing home for your elderly family member, it is important to find the right one that will not only look after the needs of the elder. It is just as important to find a nursing home that will protect and enforce their rights as citizens. Nursing home abuse is one of the leading reasons for personal injury claims and lawsuits in the United States, and elder law that would help establish elder rights and protect them is still in its developmental stages. Studies conducted in the past years have discovered that 10 percent of nursing homes are involved in violations of abuse that put the resident elders at risk of substantial harm.

There are different types of elder abuse that can happen in a nursing home. According to the website of Hotze Runkle, physical abuse is the most common, as elders are weak and fragile to defend themselves from attacks. In most of these cases, the abuse may be obvious, with physical manifestations such as bruises, weight loss, and broken bones. There are other types of abuses that can be difficult to detect, and one of them is financial abuse.

Financial abuse is a form of elder abuse that occurs when another person uses the finances or properties of the elder in an illegal or improper way. This is often very difficult to determine, as many elders shy away from reporting such abuse for several reasons, one of them being they are not fully aware of their rights. Scammers can are often strangers, but there are also instances where people close to the elder (friends, attorneys, and even relatives) that commit the financial abuse. When this occurs, lawyers such as those at the Sampson Law Firm filing a lawsuit against the scammer is vital in protecting the rights of the elder, especially since they need financial stability to ensure their health and wellness in the nursing home is maintained.

Filing for a personal injury lawsuit due to nursing home abuse can be tricky since each state has their own statutes of limitations and rules or laws. If you are living around the state of California, it would be wise to consult with a Santa Ana personal injury lawyer to determine the case and see how the laws apply to the lawsuit. A personal injury claim or lawsuit due to nursing home abuse can be hard because it involves a lot of people and factors that need to be considered in order to make a successful case. Finding the right lawyer is essential in getting a positive outcome for the nursing home abuse lawsuit.

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Medical Malpractice Damage Caps in Wisconsin

Posted by on Sep 29, 2014 in Personal Injury | 0 comments

The state of Wisconsin, as with any other state in America, has established limits or caps on the amount of compensation that will be awarded to plaintiffs in claims or lawsuits. Regardless of how controversial the medical malpractice lawsuit is, the state of Wisconsin has given a cap that the jury can actually award to the plaintiff despite his or her specific losses. The limit for non-economic damages is $750, 000 per occurrence, as stated by Wisconsin Stat. 893.55 that lists the limitation of actions and itemization of these damages.

According to Wisconsin Stat. 893.55 (b), the limit was set because it represents the “appropriate balance between providing reasonable compensation for non-economic damages with medical malpractice and ensuring affordable and accessible health care”. Non-economic damages are those that cover for pain and suffering, emotional distress, as well as loss of enjoyment in life. They are often subjective and can differ from plaintiff to plaintiff, and the limitation is set because putting a dollar value on the non-economic damages is very difficult as compared to the economic damages (also called special damages) that can be presented with evidence such as medical bills, lost salaries, and other financial losses that could be accounted to the negligent action of the defendant as determined and proved by your lawyer.

Habush Habush & Rottier S.C. ® advises that plaintiffs should file their medical malpractice lawsuits is accordance to the statute of limitations of the state of Wisconsin. If they are against health care providers, plaintiffs have within 3 years after the act that gave way to the injury OR within a year upon the discovery of the injury. Minors have until the age of 10 or the general limitations period. In cases of insertions of foreign objects, plaintiff has within a year after the date of discovery (of when they should have been aware of the object’s presence) to file for medical malpractice lawsuit.

Because each case is different in its own, it helps to first consult with a Rhinelander personal injury lawyer. This would help you evaluate the legal weight and aspects of the case, and help you determine the amount of compensation that would cover the damages. Talking with a lawyer who specializes in personal injury or medical malpractice lawsuits in your state would also help ensure that proper rules and proceedings will be followed and your rights represented effectively.

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