An Overview of DWI Lawyers

The US law strictly prohibits anyone to drive a motor vehicle when he is intoxicated with alcohol. In some states, this violation is called Driving Under the Influence or DUI while in other places, this is known as Driving While Intoxicated or DWI. Drivers who are arrested as DUI or DWI suspects usually hire the services of a certified DWI lawyer. This attorney can defend them in related cases, and also represent them during legal procedures.

A DWI lawyer is, primarily, an attorney with the license to practice law where the suspected offense happened. Just as other legal professionals specialize in cases involving personal injuries or domestic violence, DWI lawyers choose to focus on cases concerning people that have been accused of drunk driving. In general, this means that these lawyers are well versed with the language as well as the application of the DWI laws of the state. They are confident that they can successfully defend their client and win the case.

A county deputy or police officer who is on duty can assess whether or not a driver is too drunk to drive, based on his/her behavior on the street. While the traffic is on a stop, the officer can let the driver undergo a couple of field tests to determine his/her response time, coordination and coherence. When the officer finds out that the driver is too drunk with alcohol to drive properly and safely, the driver will be asked to puff into a breathalyzer. This machine has the capacity to measure the amount of alcohol in the bloodstream of an individual.

In case the test results fall in between.08% to.10%, the driver can face DWI charges and can be brought to a police station to undertake a blood test. He can be detained in jail from a few hours to a number of days, until he/she appears for the first time before a judge. By this time, the suspect can hire the services of a DWI lawyer to represent him/her during the trial, and in the meantime, arrange for his/her release before the said date.

The process of establishing the legal impairment of a person while driving may be simple. However, it is usually more challenging to successfully prosecute a DWI suspect. In this regard, a DWI lawyer has to study the necessary documents and test results related to the case. In addition to this, he will invite certain people for questioning, such as the suspect, possible witnesses, arresting officer and lab technicians to know the chain of events, and gather evidence.

While the case is on trial, a DWI lawyer can interrogate the officer regarding the legality of the arrest, and perhaps ask if he has clearly pointed out the rights of the defendants, as an example. The field tests that showed intoxication may have been carried out under unfavorable conditions or uneven ground. During the traffic stop, the defendant may have been over fatigued or suffering from health issues, like hypoglycemia or diabetes.

Immigration Inspectorate Cracks Down on South African Employers

In light of recent events, the parliamentary portfolio committee on Home Affairs has been taken to task over issues centered on the prevalence of illegal foreigners within South Africa’s borders and the perceived inability on the part of the government to keep track of their entrance and continued residence in the country. The proposed new International Migration White Paper, put forward by the Department of Home Affairs, will see substantial investment injected into the Immigration Inspectorate in order to improve detection and prosecution of illegal foreigners.

These illegal foreigners residing in South Africa face severe penalties upon detection. The Immigration Act provides immigration officials with wide-ranging powers when it comes to the arrest, detention and deportation of illegal foreigners. An officer within the Immigration Inspectorate is entitled to arrest an illegal foreigner, without the need for a warrant, and deport or detain said foreigner. The foreigner may be held in detention for up to 90 days. A foreigner who remains in South Africa in contravention of the Act shall be guilty of an offence and liable on conviction to a fine or imprisonment not exceeding 2 years. If the inspectorate elects to instruct a foreigner to depart South Africa and said foreigner fails to do so, he or she shall be liable upon conviction to a fine or imprisonment not exceeding 4 years.

Illegal foreigners are encouraged to depart South Africa of their own accord in order to avoid the above mentioned penalties. A foreigner who has overstayed his or her visa will still, however, be penalised upon departure and issued with a ban prohibiting re-entry into South Africa for a period of up to 5 years.

It has recently emerged that, since 2010, approximately 330,000 foreigners have overstayed their South African visas and remained in the country illegally. This is commonly viewed as the result of government failing to significantly invest in methods aimed at policing illegals residents. This is, however, only the tip of the iceberg and the government is well aware of the need to successfully implement a policy framework to ensure that South Africa’s immigration policies stand alongside those of leading world powers.

On 23 April 2015, the Honourable Minister of Home Affairs, Malusi Gigaba, advised parliament that the Department of Home Affairs is working towards completing a new International Migration White Paper aimed at overhauling South Africa’s entire immigration policy framework.

Of particular relevance to South African businesses is the Minister’s assertion that R118 million is to be invested in increasing the capacity of the Immigration Inspectorate over the course of the next 3 years. The Inspectorate is tasked with the policing of illegal foreigners within South Africa and the increased capacity will allow it to focus on the effective detection and prosecution of companies employing undocumented migrants and foreigners whose visas have expired. The Inspectorate will be looking to increase the frequency of raids on companies suspected of employing illegal foreigners in an attempt to clamp down.

The Immigration Act imposes substantial fines and terms of imprisonment for companies and employers who are deemed to have knowingly employed illegal foreigners and it is clear that the inspectorate, with the backing of the Department of Home Affairs, has deemed this area to be one which requires more stringent regulation. As a result, it is becoming increasingly necessary for companies to ensure that they are compliant with all aspects of the Immigration Act at all times. A failure to do so, is likely to lead to severe repercussions.

Companies currently employing illegal foreigners and wishing to legalise their staff can contact us at overstay appeals for further information and assistance.

The Best Spousal Support Attorney

As happy as one is when they are getting married, it’s ten times more depressing when the same marriage falls apart. It is not only stressful for the parties involved but there are a number of legal formalities that only increase once the case engages children as well. However, with the breakdown of a home the financial position of the partners are also affected. In this regard, one of the parties that are most affected financially due to the divorce are give the latitude to apply for spousal support that is also known as alimony. This article will enlighten you with all the important things you need to know before hiring an Albany attorney.

Spousal Support or alimony are monthly payments that one spouse is supposed to give to another one who is in a financially inferior position. The payments are court-ordered and the payments continue until the other party finds a stable job to support their household or their remarriage can also end the support. The laws regarding spousal support may vary according to the State and in order to gain the prior knowledge regarding the paperwork and documentation it is always best to reach an Albany Spousal Support Lawyer or an Albany attorney.

Once the parties are through with the dissolution of their marriage, it is very normal for the legal professionals to discuss the dynamics of alimony. Many legal experts sort this out by discussing some of the important questions such as the amount that both parties must agree on to, the length of support, the method through which the amount will be collected and finally if any changes to the agreement are to be made is usually discussed with both parties and then the paperwork is done accordingly.

There are some implications in the matter that every individual must understand. When it comes to alimony the legal expert first assess the length of time the marriage lasted and the assets that were acquired during this period. The financial assets of both parties are then evaluated and if proper assessments of the assets points towards the fact that one of the parties may be unable to support the same post-divorce lifestyle and the marriage lasted for a longer time then the alimony would be a long-term one. On the other hand, it is completely the other way around if the marriage lasted only for a brief period of time.

However, it must be further noted that when spousal support proceedings are in progress all assets including estate and even your liquid assets can become a major risk; therefore, a spousal support lawyer should be by your side to help you protect your investments. It is further important to carry out proper research before you hire an Albany Attorney to represent your case; usually an inexperience lawyer can only worsen things up for you for both parties who are either seeking spousal support or giving one. Hence, always exercise caution in such matters and do not make the split more distressing than it already is.

Real Estate Closing Attorney

A closing attorney can be defined as a real estate attorney specializing in the closing of property transactions. He is responsible for the examination of the property title and resolving all issues that could arise before a property close. The attorney also reviews and explains all documents to be signed so they are accurate and well understood to the parties involved in the process. Real estate closing can get complicated and thorough law knowledge is required hence the need to have an attorney handle the process for you.

The Duties of Your Closing Lawyer

An experienced and qualified real estate closing lawyer understands all matters appertaining to real estate including mortgage requirements and procedures. He will therefore be in a position to connect you with the best lenders depending on your needs.

It is the primary function of the lawyer to ensure that the good title of the property is transferred. By good title it means genuine and valid title and this calls for a title research where he examines plats, probate records, surveys amongst other legal documents.

In case the title has defects, it is upon the lawyer to attempt to have the errors corrected to put everything in order for you. He should contact involved parties to sort problems that develop during the examination so that there are no delays in the scheduled property closing date.

Retaining your attorney can be of great help since you know that you have someone to turn to for complex legal matters and when complex financial matters arise with the property. The lawyers are helpful both for buyers and sellers and take the responsibility of making sure that everything goes smoothly throughout the closing process.

The lawyer ensures that all closing formalities are approached in the most professional way ensuring that nothing is left to chance risking future problems after the close. He examines all documents, contracts and agreements between buyers and sellers for the best interests of the client.

Hiring a Closing Attorney

There are so many real estate firms today and probably the first thing you should do to get the best closing attorney is to find the most reliable firms in your locality. Look at the reputation of the firm and determine the potential it has in meeting your needs.

Considering that closing is a process that will be handled by an individual lawyer, make sure that you check the team that the company is made up of. Look at the individual lawyer qualifications and competence so you can have a say on the attorney the firm selects for your needs or the one you get to choose for the services you need.

Also important to check is the experience that the closing attorney has and the number of successful closings he has handled in the past. Skills are also important and you should ask questions regarding issues that could arise during the closing and what steps the lawyer will take to put things in order for you.

How to Begin the Adoption Process

When you want to expand your family, you’re going to have to navigate some channels if you plan on adopting. Some adoptions can be simple and take less time to complete while others can take years and be a bit more complicated. Overall, though, the process is typically not as frustrating, time-consuming, or costly as many people expect.

There are several steps in the process of adopting a child, which have been broken down so that you have an easier time grasping what is in store for you. The process may differ, though, depending on the specifics of your case as well as the particular needs of the children as well as the parents of the child you want to adopt.

Let’s go over the general steps you can expect when going through the process of adopting a child.

Do Research

Many people want to jump into adopting without knowing the full details of what is in store for them, which can lead to plenty of surprises along the way. It’s recommended that you speak with other adoptive parents, possibly even joining a support group to gain more insight into how the experience can be and how it differs from person to person.

You’ll also be asked some important questions, which you will want to begin thinking about as soon as possible. Questions you will be asked include:

  • Are you interested in adopting an older child or a newborn?
  • Are you looking to adopt internationally or domestically?
  • Would you be open to adopting a child that is a different race?

Find Professionals to Work With

Because of how much goes into the adoption process, you will want to either work with an adoption agency or an adoption attorney in Fresno, CA. These professionals will be able to help you along the way, including aiding in filling out necessary paperwork and fulfilling legal obligations, such as getting a home evaluation done by a licensed social worker. When it comes to domestic adoptions, you will also receive counseling and possible birth mothers will be screened.

If you’re wondering what the difference between an adoption attorney in Fresno, CA and an agency is how potential birth mothers are found. When a woman is pregnant and considering adoption, she will go to an adoption agency. However, attorneys will often use their network to find potential birth mothers. International adoptions, though, are almost always handled by agencies.

Once you’ve done your research and know where to go to find a professional to handle your adoption, you will be able to proceed with confidence and ensure your adoption goes smoothly. You should always make sure that the attorney or agency you are working with is licensed by the state and interviews should be conducted to make sure they are the right fit for your case.

Don’t let the idea of how daunting the process is deter you from adding a new member to your family. Speak with a professional about how you can begin the adoption process.

Should Old Senile Humans Be Allowed to Serve As Supreme Court Judges?

The other day, there was a Supreme Court justice on C-SPAN giving an interview. I felt completely bad for that Supreme Court Member because they hardly made any sense at all. Although they were semi-coherent, I am unconvinced that they knew what they were talking about. Perhaps their aides and interns are doing all the work, and they are just sticking to what they knew way back in the past, and sticking with the party lines. I have a problem with this. Why you ask?

Well, I’d like to explain it like this; we live in a very complex society, things are ever changing, and although the principles of the law may be the same, it’s very hard for me to justify the wisdom of a senile, or nearly so person deciding how I and my family will live in the future. There ought to be some sort of intellectual test each year for Supreme Court justices in the United States of America to continue their service. I know they are appointed for life, but I think we might need to change that. With such a new law introduced into our country – would it be abused?

Yes, it might be. There is always that risk however, I would say we are all under the potential harm of being damaged, all the citizens in the United States, if we are to continue this, keeping people alive on pharmaceuticals with their brains half wilted away. That might be very harsh, and I know that there was a lobby from one of the large retiree associations to prevent Florida from giving drivers tests to people over ninety years old. Therefore they just renewed the driver’s licenses for these folks. Unfortunately it is killing people, causing accidents, and it isn’t right.

We require ongoing education for licenses for real estate people, insurance brokers, financial planners, and all sorts of other professionals. We should do the same for lawyers, and Supreme Court justices. If the Supreme Court Members are exempt from this type of ongoing education and licensing, something that measures their competency, then one could ask if we are keeping these justices alive anyway we can for political reasons, until the next administration gets in to replace them. No, I’m not pointing fingers, not yet.

Remember, I am writing this article because I observed an interview with a member of the United States Supreme Court on C-SPAN, and I could not believe the words coming out of their mouth or the barely coherent replies during the interview. I can’t imagine these people engaged in a complex debate and dialogue deciding the future law that will determine the future of this great country. Please consider all this and think on it.

Can You Get a DUI Expunged in Florida?

Everyone in Florida knows that a DUI can get you arrested and sent to jail. Not fun! Similarly, many people are aware that you can be charged hefty fines and have your license suspended for DUI. Which in the state of Florida, license suspension is mandatory.

What you may not know is that there are numerous other punishments like probation or mandatory community service that can be imposed on you, not to mention the consequences tied to DUI arrests or convictions. This may affect your job, housing, credit rating, right to own a gun and other key aspects of your life forever.

Can You Can’t Get a DUI Expunged in Florida

In Florida, DUI charges are permanent and you can never have them expunged or sealed. It is against the law to acquire “a withhold of adjudication” in a DUI case. The DUI charge will stick on your records forever. It will be counted against you indefinitely.

This means that whenever any criminal check is conducted, the drunk driving charge will appear. Such background checks may be carried out in consideration of employment, admission into a professional association, insurance and rent.

Because of the very many unforeseen consequences resulting from DUI charge, it is pretty important to understand all of the relevant ramifications of a DUI. Unfortunately, if you are charged with driving under the influence and you plea to it, or are convicted after trial, it is mandatory that you receive a judgement of guilt. This is not good obviously!

Unlike other misdemeanor crimes, and some felonies, the judge has no option to “withhold” adjudication. Due to the mandatory adjudication, DUI cases can neither be sealed nor expunged.

In several areas of Florida, the office of the State Attorney gives a pre-trial diversion program. This program often excludes DUI defendants with the exception of a few counties that allow the defendant to participate.

Upon completion of the program, the attorney’s office may decide to completely drop the charge or amend it to a lesser offense. Also if it is your first offense and you can afford to hire a skilled DUI lawyer with plenty of experience, he or she can help you get your charges reduced, totally dropped, or assist in getting a not-guilty verdict after the trial.

If this happens, then expunging or sealing the charge can be attained. For example, if you manage to have the charge reduced to “Reckless Driving,” the court may withhold adjudication. With that, the defendant can then seal his or her record.

However, if charges are dropped completely or the defendant obtains a not-guilty verdict after trial, then that record may be expunged completely.

Many people are unfamiliar with the legal process when it comes to DUI charges as it can be quite confusing. If you have questions about how to go about getting DUI charges reduced so you can get your records sealed or expunged, it is advisable to hire a good lawyer to help you navigate through the tedious process. Because once you get a DUI on your record, it’s there to stay.

A Guide to Landlord’s Evictions for Tenants

If you rent a home there is always the chance you could find yourself evicted if the landlord falls behind on their mortgage. This in turn would give the lender the ability to evict you and anyone who lives in the house.

If the lender has been granted a repossession order then you have no right to stay in your home. However, there are some ways that your tenancy may be binding on the mortgage lender:

  • The landlord’s lender agreed to the tenancy
  • When the landlord got a mortgage you were already living there
  • The lender has asked you to pay rent – therefore recognizing you as a tenant and your tenancy

It is also possible to delay the repossession by up to two months if you live there. This gives you time to move out and find a new place to abode. In such a case the CAB office nearest to where you live can offer you advice on how to deal with your affairs.

Binding Tenancy

If your tenancy is not binding, then there are a couple of ways to increase your time there by up to two months. The first thing that happens is the judge issues a possession order – this allows the lender to take ownership of the home and that you’ve to leave by a certain date.

Before this happens it’s often best to apply to the court as it will encourage the judge to postpone the date by which you need to leave. This costs a fee, but it may be waived if you’re on income support. Your nearest CAB office can offer you with details on the issue.

If you didn’t apply before the possession order was made then you can also delay the process when the lender applies for a Warrant of Possession. This is the law that gives a bailiff the right to remove you from your home.

Notice

The lender needs to send you a notice of a home to say that it’s applying for a warrant before they do – this is known as the notice of execution of the possession order. Here you can ask the lender to delay the eviction before repossession for the 2 month period. If the lender doesn’t allow this you can still ask the court for consideration. However, this must be done within two weeks or 14 days from when the notice was sent to your home. You may be still asked to make rents until you leave the home and it is sold by the lender. It is only possible to delay repossession for up to two months.

The lender is obliged to send you a letter to tell you about the court hearing in advance. However, you may not always be aware of the problem until the court then sends a notice to your home. This will have a date of possession and you will have to have vacated by this date. The lender will just change the locks otherwise. If you still have things in the property after this point consult the bailiff or lender to collect belongings.

This is how to deal with a repossession of a landlord’s property if you are a tenant in the UK.

How To Skip Intermediaries In the Publishing Process

“Code is Law,” Lawrence Lessig stated. What do we need lawyers for, then, in the digital age? “Let’s kill all the lawyers,” Shakespeare would suggest. Why don’t we and why internet does – that is the question that will be attempted at answering. The reader will be asked to reach the verdict in the court that will be created in his mind while Shakespeare and Lessig will be waiting on him to end with the lawyer’s head.

What’s Inside His Head?

The idea of copyright was well justified at the beginning. So was the print. Actually, it was revolutionary. However, petabytes of data that run through cables of today’s internet machine changed the rules. Lawyers changed them, too. By the renewed law of copyright as of 1980s, they forbid anything to fall into public domain per se. But the public domain clothed in virtual coat of the internet era does not need to be dressed by corporate giants any longer. They can keep all rights reserved to themselves, as long as authors who choose to leave something to the public – can actually do it. Confirming that software has the effect of the law, Creative Commons organization released its first set of copyright licenses in 2002. The licenses allow authors to pick from a set of conditions to apply to their work. So, whose law is now more focused on community? And how is it that community became so important.

Internet Killed the Copyright Star

By taking one look at the social network or trying a single search at Google.com, you are pretty sure that the future of research is collaborative. A forlorn smart head locked in a dark cellar with chemicals vaporizing from the holes in the wall will not get very far any longer. Much the less does he need a lawyer to protect him. The idea is to – share. This solely can gain respect for the scientist, since data loaded world won’t allow for duplications. The scientist which makes his work openly accessible encourages community to re-use his results in any way, but the credits will be acknowledged to him and not to some lone law-protected ranger, if the results prove meaningful. We need the results to prove meaningful today, more than ever. Data scientists of the future must realize that to give free access to their research benefits both them and the world. This, and that data will build their career and not the law firm.

In Through the Public Domain

A lawyer would look much like Alice if he was found in the Public Domain. What would his size be? What would a “rights reserved” head do in the world of “no rights reserved”? Which door to lock, where to put his seal, where to deny access, where to build a barrier? The world fights nowadays for this sort of Wonderland for the lawyer. We would like to see him lost in his papers and hurrying to his queen worried that his head may be chopped off. Why do we then still fear for our heads? The open access model is disruptive, but also slow. The public domain day is awaited “every new year since the first copyrights expired, back around 1724” as mentioned on Gutenberg ( http://www.gutenbergnews.org/20101127/public-domain-day-2011/ ). What will make it into the new list, what will make it into the next year’s list? Following the dramatic growth of open access, the public domain can only grow fat itself. The bigger the public domain, the lesser the number of lawyers. Perhaps, some day, a world will be empty of lawyers – just like Shakespeare imagined it.

Why An Immigration Consultant Is Your Best Bet When Applying for a Visa

Immigrating to another country should be an exciting process from beginning to end, but in most cases it is not. People get excited, but the process which can be daunting can steal the joy for a period of time until they have secured their visas and they are already on their way to the country of choice. Some of the most popular countries that people migrate to for studies, work and travel related reasons include New Zealand, Australia, United Kingdom, USA and Canada among others. Whichever country you are headed to, you should enjoy an easy time processing your documents and most importantly the Visa.

Luckily, immigration consultants can help ease out the process on your behalf. They can handle the process for you so you can have your documents processed faster for travel. The visa application process can be challenging, but the consultants offer solutions to minimize the challenges with the aim of fetching you a smooth experience moving to your country of interest. The experts are usually experienced and qualified and will save you effort, money and time you would have otherwise used to try to figure out the best way of handling the process. When choosing a consultant, there are things that you should consider so as to enjoy the best of the services.

Expertise and professionalism – It is most important considering that the immigration process can be tedious. Look at how qualified the immigration service providers are and the years of experience they have doing it. Your expert should be well conversant with the rules and regulations of visa applications for different countries and should show professionalism when handling your immigration needs. Find out what others have to say about the services offered and the success stories behind your visa expert.

Countries and visas it can handle – This is important because you want to ensure that your country of interest is indeed covered by the expert services. Considering that there are different types of visa, you also want to make sure that your provider can offer solutions for the type of visa you are after. It should be reliable enough handling your application as per the existing legal requirements and immigration policy.

Efficiency – What procedures and processes does the consultant use to help you with the paperwork? Look at such things to gauge on the efficiency and reliability. Considering how fluid migration rules can get, you want to settle for a service provider who ensures that your application is prepared and also lodged with utmost urgency to keep you cushioned from any changes that could lead to delays.

Reputation – A good immigration consultant with a little bit of experience in offering the solutions should surely have a number of previous clients. One of the best ways that you can use to be sure of the quality of services you will enjoy is by looking at the reputation. Consider the success stories the consultant has to his name and what the past clients have to say about the solutions they get from the consultant.

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