Criminal Trial

Judge May Prohibit Medical Marijuana Use As Term of Probation

admin — Mon, 06 Feb 2012 02:04:13 +0000

Judge May Prohibit Medical Marijuana Use As Term of Probation

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Home Page > Law > Criminal > Judge May Prohibit Medical Marijuana Use As Term of Probation

Judge May Prohibit Medical Marijuana Use As Term of Probation

Posted: Feb 02, 2012 |Comments: 0

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Steven Hughes was convicted of cultivating marijuana (a violation of California Health & Safety Code § 11358), possession of marijuana for sale (a violation of California Health & Safety Code § 11359), and transportation of less than 28.5 grams of marijuana (a violation of California Health & Safety Code § 11360).

His conviction followed a traffic stop wherein his vehicle registration had expired more than six months earlier. When this is the case, police may impound the car. Pursuant to impounding the vehicle, the officers found thirty-eight small marijuana plants. Hughes claimed he was transporting the small plants to a collective at the time, from which he would receive in exchange, medicinal marijuana for his donation.

Riverside County trial judge Timothy Freer granted Hughes formal probation for a period of three years, conditioned on terms that he could not possess medical marijuana pursuant to a valid medical marijuana prescription for treatment of pain.

Hughes appealed the probation condition, on grounds that his medical use of marijuana is lawful under California Health and Safety Code § 11362.5 (The Compassionate Use Act of 1996).

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The Fourth Appellate District, in People v. Steven Ebbert Hughes (2012 DJDAR 1153), affirmed the trial court. Its analysis began with noting that Judge Freer asked Hughes’ counsel his position on such a probation condition. Hughes’ counsel replied that such a condition would be appropriate for someone using their license to sell dope on the street, however, he argued that Hughes’ case was “entirely different.”

Judge Freer then expressed concern about the adequacy of the medical evaluation Hughes’ doctor performed prior to issuing Hughes a medical marijuana prescription. In the trial court’s view, the evaluation was “most cursory.” Freer stated on the record that he thought there was no “real physical examination, no blood work, anything of that nature.”

Freer then cited to People v. Bianco (2001) 93 Cal. App. 4th 748 and People v. Brooks (2010) 182 Cal. App. 4th 1348, as authority for imposing such a condition of probation.

In reviewing the trial court’s condition of probation, the Appellate Court noted that a trial court has broad, but not unlimited, discretion in setting the terms and conditions of probation. On appeal, the higher court must find an abuse of discretion to overturn the trial court.

Here, the Appellate Court found that the discretion was not abused because the terms had some connection to the conviction, i.e. sales, and forbade conduct related to future criminality. Therefore, the term of probation prohibiting Hughes from possessing marijuana even for medical use was valid. The Appellate Court consequently affirmed the terms of probation.

As an aside, the Appellate Court commented that Judge Freer’s inquiry and comments concerning the propriety of the medical marijuana prescription were improper, but were not material in Freer’s decision to impose the conditions of probation he ordered.

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About the Author:
This short article was written by Greg Hill of Greg Hill & Associates in Torrance, California. Greg Hill & Associates defends those accused of all crimes, both in state and federal court. A large majority of the cases we handle involve DUI, domestic violence, violation of protective orders and drugs, however, we have broad experience defending those accused of other crimes as well. Greg Hill is a former Marine Officer. He is a U.S. Naval Academy graduate (B.S., 1987), Boston University graduate (M.B.A., 1994) and Loyola Law School graduate (J.D., 1998). Visit the firm’s website athttp://www.greghillassociates.com or the firm’s Facebook page athttp://www.facebook.com/pages/greg-hill-associates/198954460153651.
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Online Criminal Attorney Laws Information and Archives

admin — Mon, 06 Feb 2012 02:04:10 +0000

Online Criminal Attorney Laws Information and Archives

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Home Page > Law > Criminal > Online Criminal Attorney Laws Information and Archives

Online Criminal Attorney Laws Information and Archives

Posted: Feb 02, 2012 |Comments: 0

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If you are having to go to court due to a criminal law case, where you have been wronged, and are looking for legal assistance, there are a few things you need to bare in mind. You always want to pick a law firm that offers security, stability and good hospitality. You need to feel at home with your criminal law attorney, so that you can speak your mind, and tell them each and every detail about your case. If you miss out any details, this could really change the outcome of your case, and you will regret it later, it’s best to give every piece of evidence there is, so that justice can be served.

It can sometimes be a great idea to learn some criminal laws in situations that you think need legal assistance. If you research into these laws, you will know if someone is committing and offence, and you can report them, and if needs be take legal action. Then, when you approach a law firm, you can give them a detailed explanation on what the offender has been doing, and really boost your case into overdrive. Many people make false claims, and get things wrong, and then spend lots of money at criminal law offices trying to see if they have a case, instead of wasting your money, look into some criminal law facts, so that you are in a much better position, and less likely to waste any money.

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The sooner you seek legal advice, the better, as valuable pieces of evidence are usually thrown away relatively soon after incidents. This is through no fault of the victim, as they are unaware of the importance of some things, and they may not be aware what evidences are available. Things such as text messages, emails, phone calls, photos and other means of contact, all display times and dates, these pieces on info could be critical to your case, and if you get rid of them, that may be the difference between defeat and victory for you.

There are many places online that you can get the criminal law information you require, but some places offer a bit more than mere facts, and these websites are really handy when looking into real life situations, as they could be relatable to your current situation. These websites will have real case studies, and archives of articles that display previous trials and cases, you can learn from these, and understand the right steps to take, and the ones to avoid.

One website which offers this information and more legal assistance is Online Criminal Attorney Info. You get criminal law information, articles and advice all from this one website. With realistic case studies at hand, you can really begin to learn whether you have a case or not without paying for legal fees. Then once you have made a decision, you can contact a relevant law office.

Take a look at the Criminal Attorney Info website right now, to eductate yourself on criminal laws, and if you think you have a case or not.

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About the Author:
For more information on Online Criminal Attorney Laws and Specifications, please visit: http://www.onlinecriminalattorney.info
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Why Selecting The very best DUI Attorney and Criminal Attorney is extremely Essential?

admin — Sun, 05 Feb 2012 09:38:42 +0000

Why Selecting The very best DUI Attorney and Criminal Attorney is extremely Essential?

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Home Page > Law > Criminal > Why Selecting The very best DUI Attorney and Criminal Attorney is extremely Essential?

Why Selecting The very best DUI Attorney and Criminal Attorney is extremely Essential?

Posted: Feb 01, 2012 |Comments: 0

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The us government and the NGOs are advertising for a while that it’s not great to drink and drive, however lots of people get caught for drunken drive on a regular basis. DUI is a severe offence when committed repeatedly. Just in case should you got caught for DUI what’s the very best strategy? The very best strategy is always to contact the best DUI attorney Pittsburgh PA in the event you reside in Pittsburgh.

In the majority of the states in USA getting caught for driving under the influence of alcohol could possibly get your license suspended when caught for that first time itself. If you are lucky you might log off having a warning for very first time, but should you repeat the same and get caught for DUI it really is certain your license will be cancelled and you also is likewise fined for few hundred dollars. This will not quit here, After completing the counseling for DUI you will be shocked to know the insurance for your Vehicle is going to be significantly greater if you get caught for driving under the influence of alcohol.

With all these issues happening you’ll be forced you to ultimately hire both DUI attorney Pittsburgh PA and criminal attorney Pittsburgh in the event you live is Pittsburgh. You have to hire the most effective attorneys to protect yourself, only this can save you from obtaining sentenced. It’s far better to spend to find the best attorney instead of cooling the heels in prison.

The first step in hiring the most effective DUI attorney Pittsburgh PA and criminal attorney Pittsburgh is to have the listing of accessible attorneys. The ultimate way to do this to ask your pals, relatives and neighbors about the Very best attorneys, they could help you with this as themselves or any one of the persons proven to them might have gone through the very same situation. Just in case in case you are a new comer to the spot then you definitely yourself will get the attorneys with the help of Internet.

Following gathering the facts concerning the attorneys, you can call them and fix up an appointment with them. This ending up in the attorney is very essential because this is your only and Best chance to know how Experienced the attorney is and this meeting enables you to know in the event the attorney is capable of saving you from this case.

You ought not make DUI case lightly since this may well permanently cancel you license and you also may well in no way drive Again. Consequently, it is much better to hire the very best DUI attorney to save your self from DUI case.

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About the Author:
To hire the best DUI attorney Pittsburgh and criminal attorney Pittsburgh kindly visit http://criminallawyerpittsburgh.com/dui/.
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What is a preliminary hearing?

admin — Sun, 05 Feb 2012 09:38:40 +0000

What is a preliminary hearing?

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Home Page > Law > Criminal > What is a preliminary hearing?

What is a preliminary hearing?

Posted: Feb 01, 2012 |Comments: 0

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In every felony case, a preliminary hearing is required. The hearing’s purpose is to test the sufficiency of the evidence to determine whether the case merits continued attention. The accused can waive such a hearing and give up his or her right to such a hearing, but this is rarely done. If the evidence is deemed insufficient, the case is dismissed.

Despite its name, a preliminary hearing is actually often the half-way point in a felony case (this includes cases involving both felony and misdemeanor charges). Although the hearing is required to be held within ten court days of an accused’s arraignment, the accused, or defendant, often waives time to allow the hearing to take place later. This can mean the preliminary hearing does not take place for several months.

The preliminary hearing is not a trial, but it can seem like a mini-trial in ways. There is live witness testimony and attorneys will cross examine witnesses to test their credibility, like in a trial. The accused can also present his own witnesses, perhaps to establish an alibi or other defense.

After listening to the testimony and seeing evidence, the court is required to decide if there is enough probable cause to believe that a crime was committed. The court is also required to rule on whether there is enough probable cause to believe that defendant committed the alleged crime. In this regard, the hearing goes to the heart of the case, like a trial. However, there is no jury at a preliminary hearing.

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A preliminary hearing has been described by many attorneys as a method for a court to screen out cases that cannot be later proven at trial. The court’s job is to weigh the evidence. The hearing can last as little as ten minutes or even stretch into several days in complicated cases.

The level of proof required, mere probable cause, for the prosecution to present is very low. It is defined as a “state of facts as would lean a man of ordinary care and prudence to believe and conscientiously lead an honest and strong suspicion that the person is guilty of a crime.” Speculation cannot be employed.

Admissions to a police officer cannot be the sole basis for a finding of probable cause. Other additional evidence must be presented (the corpus delicti rule).

Special circumstances alleged, enhancements to the crime and prior convictions must also be proven, which prosecutors often overlook.

When a judge finds sufficient probable cause, the judge will order that the defendant be held to answer the complaint within fifteen days. This is a second arraignment, but usually before a different judge.

This can be extremely frustrating for a defendant, especially because the procedures at a preliminary hearing seem set to favor the prosecution. For example, law enforcement testifying at a preliminary hearing are allowed to testify, if qualified, to what another person told them. This is classic hearsay, but allowed under Proposition 115 at a preliminary hearing. Our clients often feel robbed of their ability to cross-examine the other witness, who is usually not at the hearing and who is misquoted or misunderstood, or so it seems. This gives the impression that a police officer is lying.

Not all preliminary hearings seem to follow such a script, with disappointment over a police officer’s testimony. In some cases, the court will dismiss a case or part of a case. This can be because the court does not find the police officer or another witness credible. A preliminary hearing can also end with the court reducing a felony charge, if a “wobbler,” to a misdemeanor.

Hire an efficient Zadroga attorney to get the best deserving remuneration

admin — Sat, 04 Feb 2012 17:26:00 +0000

1071a

Hire an efficient Zadroga attorney to get the best deserving remuneration

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Home Page > Law > Criminal > Hire an efficient Zadroga attorney to get the best deserving remuneration

Hire an efficient Zadroga attorney to get the best deserving remuneration

Posted: Jan 30, 2012 |Comments: 0

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Zadroga attorney is a person who is well versed and experienced in handling cases related to Zadroga Act and various clauses related to the Act. He believes in providing complete justice for the victims who were traumatized during the 9/11 World Trade Center attack.

The Zadroga attorney, is known globally for solving and getting justice for the victims of 9/11 terror attack. The September 11, 2001 attack has been the darkest day in the entire history. The World Trade Centre attack, took away the lives of many people and thousands of them lost their near and dear ones. Many families lost their sole bread earners and were completely in a state of shock and trauma.

Thus, in order to provide financial support to the victims of the devastating attack, the Government of United States sanctioned the James Zadroga 9/11 health and Compensation Act.

However, the Government has passed certain rules and regulation for the victims who want to avail the benefit the James Zadroga Health and Compensation Act. This is because, there are many people projecting false illness through 9/11 incident and try to get money out of the Government.

The Workers Compensation Fund is projected for people who have really undergone a lot of bodily and emotional harm and therefore they need the financial support to sustain their life. It is very difficult for the victim to find an efficient Zadroga attorney , who would suggest the claim to the sufferer or else the victim would have to see the face of a terrible break down. Only a knowledgeable and well competent Zadroga attorney would be able to handle the case very efficiently and can therefore give answers to all the questions that are asked by the judge in the court of law.

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A Zadroga attorney, would help the victim of 9/11 terrorist attack file for his request for the promised compensation from the court of law and thereby fight for the case on behalf of the client, in the court of law.

Thus, all the victims who have decided to hire the services of the Zadroga attorney, should make sure that they also look at the cost factor. It is very important that the Zadroga attorney has detailed information about the devastating attack that took place due to which many innocent people lost their lives. It is therefore very essential, that the claimant checks with the Zadroga attorney about the fee structure before hiring him.

Thus, a victim should always hire a Zadroga attorney, who works on the principle of “no win-no fee” this, clearly speaks about the geniuses’ initiative and determination of the Zadroga attorney. It shows that the Zadroga attorney are not money minded and selfish, they want to help the victims sustain a better and comfortable living for themselves.

It may sound very simple, but it is very important to note that the role of the Zadroga attorney is very challenging and difficult. The Zadroga attorney, not only has the responsibility of making his disturbed and traumatized client very comfortable, but he also has the duty of proving the discomfort and trauma caused to his client in the court of law.

A capable Zadroga attorney can help the client win the case in his favor; therefore it is important to hire an experienced and efficient Zadroga attorney who would help in getting well deserved compensation.

-
About the Author:
Zadroga is an act that has been brought out by US Government to provide justice to the victims of asbestos cancer. Jenifer Weinstein is an experienced lawyer with 7 years of experience in representing various cases related to Zadroga and doing justice to the victims.
Read more: http://zadroga-act.com
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Zadroga claim provides extreme physical and mental comfort to 9/11 victims

admin — Sat, 04 Feb 2012 17:25:58 +0000

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Zadroga claim provides extreme physical and mental comfort to 9/11 victims

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Home Page > Law > Criminal > Zadroga claim provides extreme physical and mental comfort to 9/11 victims

Zadroga claim provides extreme physical and mental comfort to 9/11 victims

Posted: Jan 30, 2012 |Comments: 0

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The 9/11 terrorist attack left the entire world in a state of shock. Thousands of innocent people had lost their lives and had fallen prey to the inhuman terrorist attack. Thus, to help the sufferers of 9/11 World Trade Centre attack, the Government of United States issued the Zadroga claim

The Zadroga claim is available to a wide range of victims that have either lost their family members or have been severely affected with grave injuries in the occurrence of September 9, 2001 terrorist attack.

Zadroga claim provides excellent health care facilities that the sufferer may not be able to afford, as a result of being critically unwell. Not only this, the Zadroga claim also provides financial assistance to the victims, which would help them to reduce the medical burden thus caused.

The sufferer can hire an experienced and talented Zadroga lawyer, who would help the victim in registering the Zadroga claim with the court of law. The Zadroga lawyer would investigate about the required information such as the particular company the claimant was working and also the doctor who is connected with him because of the matter involved. With the existence of Zadroga claim, the sufferers have been able to ring the bells of the court for vital claim. However, the court follows certain rules and regulations for giving claim to well deserved victims.

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People file court cases for various reasons; some file it to get rightful compensation while others file it to get the right over the assets and many other things. The Zadroga claim are specially filed in the court of law against the employers who do not alert their workers about the harmful toxic element called Asbestosis. People who are dependent on the Zadroga claim and are asking for the compensation are mostly cleanup workers, emergency workers, police personnel, firefighters and all other ground zero workers who were helping during the 9/11 attack. Besides them, the residents of the World Trade Centre are, people working in and around the attack site, students studying in the locality are also eligible for the Zadroga claim.

All these victims are suffering from several life-taking health conditions such as Upper or Lower Airway disease, Acid Reflux disease, Obstructive Airway diseases such as chronic bronchitis, emphysema or chronic obstructive pulmonary disease (COPD); or Obstructive Lung Defects such as Reactive Airways Dysfunction Syndrome (RADS), occupational asthma (WTC Cough), Sarcoidosis, Asbestosis and Mesothelioma Cancer.

The victims should appoint a Zadroga lawyer, who works on the principle of “no win, no fee” which means that the lawyer would charge the victim only if he wins the case and the lawyer would not ask for the payment if he loses the Zadroga claim.

Thus, with the aid of Zadroga claim the employees can file for ceaseless disability benefits. The Zadroga claim would help the victims battle with their health problems that they are suffering from due to the terrorizing attack on the World Trade Centre.

The commendable feature about the Zadroga claim is that if any indignant party is getting settlement from any insurance company; still the victims is eligible to file for a Zadroga claim in the court of law.

The Zadroga claim helps in providing inclusive solution and a lot of time to take care of the victim’s medical condition.

Know your legal rights and options with an insurance claim attorney

admin — Fri, 03 Feb 2012 23:16:17 +0000

Know your legal rights and options with an insurance claim attorney

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Home Page > Law > Criminal > Know your legal rights and options with an insurance claim attorney

Know your legal rights and options with an insurance claim attorney

Posted: Jan 31, 2012 |Comments: 0

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Buying insurance includes many more services than one may think. In addition to the coverage, you have the right to have your claim investigated if necessary and to receive compensation in a timely manner. After you have provided access to property, insurers must enter the property, investigate damages and process the claim expeditiously. A delayed claim is similar to a denied claim; and, in the end, the two can amount to the same thing.

The wrongful denial of insurance claims is surprisingly common. There are two main reasons why insurers deny claims. First, they save money if they can do not have to pay a claim. Second, denying a claim is not that risky. Insurers believe that most persons whose claims are denied will not utilize the expertise of an Insurance Claim Attorney. If they do contact an attorney, the insurer can quickly pay the claim, usually with little or no punishment for having tried to save money.

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But insured persons should expect timeliness and a fair settlement after filing an insurance claim. Texas insurance bad faith laws protect your rights to have such expectations met. Insurance policy-holders have a contract with their insurance company. In the event that an insurance company fails to fulfill its obligations, unsatisfied insurance customers have several legal remedies available to them. Breach of the contract or the other duties the insurance company owes you can obligate the insurance company to pay you damages, including attorney’s fees.

Texas and Louisiana state legislatures have also enacted provisions that aim to protect the insured from untimely payments and other bad faith insurance practices. Separate statutory sections give extra remedies, including an 18% penalty for late payment of claims. The provisions provided by the Texas legislature can also include an award of attorney fees.

It can be distressing and frustrating when an insurance company is not holding up its end of the contract. But in pursuing a Texas insurance bad faith claim one can use the expertise of engineers, meteorologists and other experts to prove that the damages you’ve claimed for are genuine.

You enjoy a special relationship with your insurance company: it owes you a duty of good faith and fair dealing; you should not have to deal with Texas insurance bad faith litigation. Laws have been enacted in Texas, Louisiana, and other states to protect insurance policy holders from misrepresentations, unfair claims handling, and wrongful denial of benefits. You are entitled to the protection of these laws.

-
About the Author:
Having the right Insurance Claim Attorney at your side is necessary to win your case. Make sure you do your research before settling.
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How to Fight an Ontario Traffic Ticket Step by Step

admin — Fri, 03 Feb 2012 23:16:16 +0000

How to Fight an Ontario Traffic Ticket Step by Step

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Home Page > Law > Criminal > How to Fight an Ontario Traffic Ticket Step by Step

How to Fight an Ontario Traffic Ticket Step by Step

Posted: Jan 31, 2012 |Comments: 0

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This information is written in general terms and is not to be taken as legal advice. It is always wise to retain a legal professional for your legal matter.

This article goes over the less serious offence such as speeding, failure to signal, turn not in safety etc.

Visit my website for links to useful resources.

Step 1 – Are there any errors on the ticket?

The main one to look for is if the date is wrong. If the date is wrong then you want to set your matter down for trial and ask for a motion to quash the certificate of offence because it is not sufficient on its face. Make your motion before you enter a plea. Once you enter your plea the court will no longer care if the ticket is not sufficient on its face. Odds are your ticket is sufficient on its face. Please be aware that the ticket having the wrong time is not enough for your ticket to be thrown out.

Step 2 (optional step)– Attend the courthouse and file for a first attendance meeting

If you want the ticket amended to a parking ticket or amended to an offence without demerit points then you want a first attendance meeting.

At the first attendance meeting the prosecutor will offer to amend your ticket to a By-Law infraction. For the most part they will amend it to a non moving violation. This may or may not affect you insurance rates depending on your insurance company and their policies.

Will they always amend the ticket to something else? Unless it isn’t in the interest of justice to amend the charge, then yes 99% of the time they will happily amend the charge. The rationale behind this is the fact that it costs the court time and money to run a trial and there is about a 30% chance the officer will not show up for the trial which will result in a finding of not guilty since the prosecutor will have no evidence. Even if you caused an accident they will likely amend the charge, I have represented people who caused an accident and the charge was amended or the fine was reduced

If you are satisfied with the amendment then you will get to enter a plea of guilty in front of a Justice of the Peace and your matter will come to an end. If you aren’t satisfied then you have to move on to the next step and run a trial.

Please note that you can request disclosure in advance of your first attendance meeting. The disclosure will show you all of the officer’s notes and witness statements (if there were witnesses).

Step 3 – Set your matter down for trial

If you have skipped to this step because you are hoping the officer doesn’t show up and you have no real defence then be aware that in Ottawa there is a 30% chance that the officer will not show up. However, if you set the trial date around a time where something big is happening in your city such as a political summit, then the odds increase to 60%.

Depending on what city you are from, you may not receive your trial within a reasonable time (within 11-12 months). If this happens you will have to bring a motion for a stay of proceedings. I practice in Ottawa and this rarely happens so I am not going to bother going over the motion.

Request Disclosure

You want to request disclosure; it is your right to see the evidence against you. To request disclosure all you have to do is write a letter to the appropriate courthouse and provide all of the relevant information so that they are satisfied they are giving you the right information. I always attach a copy of the ticket to my letter because it contains all of the info.

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They are really good about providing disclosure, but if you don’t hear from them then call the appropriate courthouse and follow up. If you never get your disclosure on the date of trial before you plea you simply say the prosecution is refusing to provide me with disclosure and therefore I am unable to make a full answer and defence to the charge(s) I am facing and I request a stay of proceedings because of this. Usually the Justice of the Peace will stay the proceedings meaning the proceedings are stopped and you are free to go. However, sometimes the Justice will simply have the prosecutor hand you the disclosure and adjourn your hearing to another date. Ask for costs if the matter is adjourned.

Figure out the type of offence you are dealing with

You are either dealing with an absolute or strict liability offence. The quickest way to figure out which offence you are dealing with is to go onto CanLii (Canadian Legal Information Institute) and search for Ontario cases dealing with your offence, at some point in the decision it will tell you the type of offence. CanLii is free to use. I personally use QuickLaw because it has a wider database, but QuickLaw costs quite a lot of money.

Absolute Liability Offence

An absolute liability offence is an offence where the prosecution has to prove all of the elements beyond a reasonable doubt in order to get a conviction. The onus then turns to you to raise a reasonable doubt or use a common law defence such as duress, necessity or another defence. Odds are you don’t have a defence. For absolute offences the defence of due diligence is not available, you can’t say I know I was speeding, but I was careful. That will not help your case, if anything saying that makes it worse because you just admitted that you committed an offence.

Strict Liability

The prosecutor has to prove beyond a reasonable doubt that you committed all elements of the offence and then the burden shifts to you to show you didn’t or raise a defence. For strict liability offences you can use the defence of due diligence meaning you can say I used all reasonable care to try and avoid the situation. It helps to read case law relating to your offence to see if your actions were reasonable.

Review the Disclosure

Now that you have received your disclosure you are going to want to see if there is enough evidence to find you guilty. In order to do this you need to look at the Highway Traffic Act and figure out what the elements of your offence are and determine whether the Prosecutor has enough evidence. For the most part the Prosecutor will have enough evidence.

What if there is enough evidence? Arrive early on the day of trial and ask the prosecutor if she/he will be willing to amend the charge because you want to save the court time and money. Usually, the prosecutor will do so, if not then you’d better hope for the best.

Prepare your Cross-Examination

After the Prosecutor asks a witness his/her question you get to ask the witness questions.

What holes do you see in the Prosecutor’s case, what element can you disprove and attack in order to raise doubt? You will have to determine this.

The proper way to cross examine is to ask leading questions. If you are asking questions that begin with Who, What, Where, Why, How, and When you are doing it wrong.

What you want to do is put the answer to the witness. For example, “There was a tree blocking your view.” Not “What was blocking your view.”

Do not follow up with an open ended question, never ask an open ended question! For example, You ask: “There was a tree blocking your view?” Officer replies: “Yes.” You don’t then ask “if there was a tree in your way, how were you able to see my vehicle?” This allows the witness to justify his/her answers.

Also, don’t ask questions you don’t know the answer to and don’t ask that one question too many. Here is textbook example of asking one question too many. This is from an assault case where someone bit a man’s ear off, the questions aren’t verbatim.

Q: “You were at the park”

A: “yes”

Q: You were looking at a tree?”

A: “yes”

Q: “You were looking at a bird in the tree?”

A: “yes”

Q: “you weren’t watching the defendant and the other man fighting”

A: “No I wasn’t watch”

Q: “You didn’t see the defendant bite the other man’s ear off?”

A: “No I didn’t see that”

The one question too many, and worst of all it is open ended.

Q: “Then how do you know the defendant bit the man’s ear off?”

A: “well, I saw the defendant spit the other man’s ear out.”

As you can see before the last question was asked it appeared as though the witness didn’t see anything.

After cross-examination the prosecutor will ask the witness questions to allow the witness to explain his/her answers. The prosecutor is not allowed asking leading questions in their direct examination or their redirect examination, nor are they allowed brining up new evidence in their redirect. Direct happens before you ask their witness questions and redirect is after you have asked their witness questions.

You don’t have to testify

In any criminal/quasi criminal matter you are not required to testify. I have seen people testify who shouldn’t have because they didn’t know any better.

Before you testify to raise doubt always ask for a motion for non suit. You aren’t required to testify and therefore if the prosecutor hasn’t proved all elements of the offence then the Justice of the Peace will grant your motion and enter a verdict of not guilty. Even if you think the prosecutor has proved all elements, ask for it anyways. The worst the Justice will say is motion not granted.

Testifying

For whatever reason it has come to this, maybe you know you weren’t speeding or you know the light was amber when you went through. It is now your turn to raise doubt or raise an applicable defence.

When testifying lay your story out as clear as possible. You want to make it very easy for the Justice of the Peace to understand. You aren’t allowed making up facts, you must tell the truth.

After you testify the prosecutor will cross-examine you. Feel free to justify your answers. Sometimes they will say “No, I just want a yes or no answer.” Just say I have a right to justify my answers and make full answer and defence to the charge. After the crown is done cross-examining you, you may then explain your answers.

Good Luck!

Article written on January 31, 2012.

This information is written in general terms and is not to be taken as legal advice. It is always wise to retain a legal professional for your legal matter.

This article goes over the less serious offence such as speeding, failure to signal, turn not in safety etc.

-
About the Author:
Ian Gill, Ottawa Licensed Paralegal
Small Claims Court Matters, Residential Landlord and Tenant Law, and Traffic Tickets
Suite 730
1 Rideau Street
Ottawa, Ontario K1N 8S7
www.ottawalegalservices.ca
All of the articles I write containing legal info are not to be taken as legal advice, they are written in general terms.
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Filing for Zadroga lawsuits is the ideal step for 9/11 attack victims

admin — Thu, 02 Feb 2012 23:57:11 +0000

Filing for Zadroga lawsuits is the ideal step for 9/11 attack victims

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Home Page > Law > Criminal > Filing for Zadroga lawsuits is the ideal step for 9/11 attack victims

Filing for Zadroga lawsuits is the ideal step for 9/11 attack victims

Posted: Jan 30, 2012 |Comments: 0

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The victims of the 9/11 terror attack are liable to get deserving compensation amount only when the sufferer is able to prove his point in the court of law. The victims can thus take the assistance of a qualified Zadroga lawyer, under the shed of Zadroga lawsuits, who has the thorough knowledge about the acts and clauses of the Zadroga Act.

The Zadroga lawsuits should always be carefully thought and planned for exclusive success rate. This would require a blend of resources such as finance, doctor’s advice, suitable investigation and then the last execution by the lawyer.

Thus, in order to win the court case in favor of the victim, the claimant takes the services of high profile Zadroga Lawyer who apply noteworthy pressure on the plaintiff in order to authorize their claim.

The victims of the World Trade Center attack can therefore file for Zadroga lawsuits which would help them to sustain a better life from the reimbursement amount they get.

The victims who are eligible for filing of Zadroga lawsuits include the employees and students working and studying at and around the World Trade Centre. The rescue and relief workers were also eligible to file for the Zadroga claim for all the suffering and grave injuries they had to go through.

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The Zadroga lawsuits are recorded in the court of law by encouraged claimants, who have been a victim to the terrorist attack. these people deserve the reasonable remuneration they get from the court of law, for all the loss and injury they had to undergo. If any of you, have a close association with that of the wounded; then an competent and experienced Zadroga lawyer, would be able to help the victim through the Zadroga lawsuits, and help his client during the entire legal proceedings. As he is the only person with widespread acquaintance on Zadroga Act its clauses.

There are numerous law firms which are available to fight for your Zadroga lawsuits, but it depends of the victim on what kind of Zadroga lawyer he appoints. The victim should appoint an experienced and well versed Zadroga lawyer, who has vast knowledge in the area related to Zadroga act.

Along with finding capable legal representatives, the sufferer should be conversant with all the facets of the Zadroga lawsuits when working with the lawyers. This acquaintance will even help if the case goes to the court and the patient is required to testify. It is disheartening to know that every year the amount of Zadroga lawsuits are increasing rapidly due to the exposure to asbestos revelation because somewhere down the line an employer or manufacturer unobserved the security of employees. However registering for Zadroga lawsuits will not change the medical analysis, but it can certainly bring peace of mind during a intricate time.

All the victims who were present at and around the World Trade Centre during the 9/11 terrorist attack were unfortunate to inhale dangerous toxicchemicals which resulted in causing many life threatening diseases, among the people as well.

Filing for Zadroga lawsuits would be the right kind of step that can be taken by the claimant in order to get justified compensation for the loss caused to them and their near and dear ones.

Contacting A Dallas Auto Accident Lawyer Is Important To Your Protection Following An Accident

admin — Thu, 02 Feb 2012 23:57:08 +0000

Contacting A Dallas Auto Accident Lawyer Is Important To Your Protection Following An Accident

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Contacting A Dallas Auto Accident Lawyer Is Important To Your Protection Following An Accident

Posted: Jan 30, 2012 |Comments: 0

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No one deserves to suffer undue hardship because of someone else’s negligence. However, if you are involved in a car accident, you may suffer undue hardship if you do not take the appropriate steps in order to protect yourself and your rights under the law. Regardless of whether you are an accident caused by a drunk driver, distracted driver, or any other issue, you may be entitled to financial compensation. Following an accident, it is important for you to contact a Dallas Auto Accident Lawyer who may be able to help you by protecting your rights. Experienced car accident lawyers in Dallas will conduct detailed investigations following your accident, determining what happened, and who was at fault.

The steps that you take following your car accident can make a huge difference when the time comes for you to pursue a personal injury claim against the insurance company, at fault driver and any other accountable party in your accident. If for any reason you have been involved in an accident, it is important for you to first move safely off the road if you can, and exchange all of your insurance information with the other driver. If the accident is very serious, you may not be able to exchange this insurance information right away. However, you must remain on the scene until the police arrive. If you are seriously hurt, you should go to the emergency room. Even if you do not feel the need to go to the hospital right away, you may develop pain or other medical problems later. If this is the case, you should see a doctor as soon as you possibly can.

It is also very important for you to ensure that there is an accurate police report that has been written at the scene of the accident. It is important for you to tell the police the facts about the accident, without giving an opinion of who was at fault. If there were no police that show up at the scene of the accident, a Dallas auto accident lawyer would be able to assist you in submitting an information sheet regarding what happened in your accident. In addition, it is important for you to never give a statement to any insurance company. No matter if it is your insurance company or the other driver’s, do not give them a statement without legal representation. The reason for this is because insurance companies have highly experienced and knowledgeable attorneys on their side, that are able to walk them through the process of an insurance claim, while protecting the insurance company as best they can. They are not going to provide you with the maximum protection and financial compensation that you deserve following your accident. for this reason, it makes it that much more important for you to contact a car accident lawyer Dallas who can stand up for you and fight against the insurance company and any other at fault party regarding your auto accident. You did not deserve to be injured in a car accident, but if you are, you do deserve to be compensated for your pain and suffering.

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About the Author:
There are a few steps that you should take following a car accident, including contacting a Dallas Auto Accident Lawyer.
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