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Texas Criminal Law as the Top Executor

Posted by on Jun 25, 2016 in Criminal Law | 0 comments

The south has a reputation for being polite and welcoming people. The law enforcement of Texas however, is not so friendly with some of the strictest crime punishments in the country. Most states can agree on one thing; murder is a crime that must be severely punished. Despite this, it is evident that Texas is particularly intolerant with the act. In fact in 1982, Texas became the first U.S. state to legally execute someone for murder and is number one in amount of total executions carried out.

In Texas, the only crime punishable by death is murder. According to a study done by Texas Executions, murder is especially punishable if done to a peace officer/firefighter or to an individual under ten years of age. Capital murder like all other state felonies, are tried in district courts and the jury must unanimously agree to certain propositions for legal injection to ensue. Otherwise, the convicted is sentenced to life in prison without parole.

According to Texas law, aggravated sexual assault is also punishable by death as it falls under the murder category. According to certain sex crime charges, aggravated sexual assault is a first degree felony and is punishable by 99 years in prison and up to a $10,000 fine. Aggravated sexual assault is defined as an attack where the perpetrator uses weapons or drugs on the victim, causes any type of harm to the victim, and/or attempts to end the victim’s life during the act.

While the death penalty is used by a majority of U.S. states, Texas has a reputation for being in the top. Murder is a serious violation of the law nationwide, but Texas shows a particular disagreement with it by topping the charts in amount of executions (the majority coming out of Harris county). It is clear through a small look into Texas criminal laws that even southern charm has its limits.

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Filing Under Chapter 7 Bankruptcy

Posted by on Jun 24, 2016 in Bankruptcy | 0 comments

According to the United States Department of Justice nearly 90% of all cases are filed under either Chapter 7 or Chapter 13 bankruptcy. Chapter 7 bankruptcy is known as the fastest way to satisfy debt, and is available to both consumers and businesses. Through the Chapter 7 bankruptcy process, a trustee, or a court appointed representer of of the debtor, sells the non-exempt assets to the creditor(s).

What kind of person is eligible for Chapter 7 bankruptcy?

The main factor contributing to a debtor’s eligibility is income. If total income is less than the median income of the state (which various significantly) then there is immediate acceptance into the Chapter 7 bankruptcy process. However, a person can still file if they make more than the median income. Those individuals are required to take the means test, which is based on having little disposable income. According to Birmingham bankruptcy lawyer, other requirements include, appearing in a court/complying to court law and going through credit counseling.

What are the pros/cons of Chapter 7 bankruptcy?

While Chapter 7 bankruptcy is fairly quick in resolving a debtor’s finance issues and has high eligibility, there are certain downsides. One benefit to selling assets is that a debtor is allowed to exempt some, making the process easier emotionally. Exempt assets include those with sentimental value like a family heirloom. However, filing under Chapter 7 will take away all credit cards in addition to any other non-exempt luxury items. One may also be obligated to pay other debts such as a mortgage, making it almost impossible to get another mortgage if needed. Overall, one should educated themselves on the matter and contact a qualified attorney before they handle the complex issue of bankruptcy.

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How to Properly Record a Car Accident

Posted by on Jun 23, 2016 in Car Accidents | 0 comments

Car accidents usually leave the people involved shocked, stressed, and injured. According to personal injury lawyer, Ali Mokaram, “All driving accidents can lead to injuries” including head or brain injury. Often times in that moment it is difficult to remember all that is needed to document the case should there be any conflicts. Especially if a driver is planning on an insurance claim or lawsuit, it is best to be prepared with as much evidence as possible.

One of the most important documents to obtain is a copy of the police report which is usually filed as an “incident” or “accident” report. After an accident it is essential to have a police officer inspect the scene. An official report for even what seems like an insignificant accident can prove very beneficial to secure a case. In a legal battle, it is also ideal to obtain the following:

Medical Records – According to the car accident lawyers at Karlin, Fleisher & Falkenberg, is it important to keep “All receipts for all the medical and rehabilitative care you have undergone.”
Vehicle Damage Estimates – It is especially helpful for an insurance claim if there is documentation determining the worth of the vehicle. According to the DMV, if total loss occurs, “Insurance will only cover the fair market value or actual cash value of the car.”
Photographs of the Scene – Be sure and not only get pictures of the damage but include landmarks, license plates, and the interior of cars.

Lastly, it is a good idea to keep a journal documenting everything one can remember about the incident. Include anything from the initial stages of the crash, who was driving where, the speed of the cars, and any witness accounts. Car accidents are a difficult thing to recover from and so being as thorough as possible in reporting the accident can prove helpful for a driver’s body and bank account.

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Car Damaged Not at Fault – Who Pays?

Posted by on Jun 22, 2016 in Car Accidents, Car Damage | 0 comments

Car accidents are usually more of a financial stress than a physical one. Even if one is lucky enough to not have caused the accident, dealing with the consequences of a damaged car, and possibly a damaged body, are complicated matters. According to Milwaukee car accident lawyer, “Car accidents claim thousands of lives every year in addition to causing millions of injuries.” With automobile accidents being so common, it is in a driver’s best interest to know their financial rights in the situation.

If both the at-fault driver and the other driver have insurance, then it is important to first report to both insurance companies what happened. In most instances, the at-fault driver will pay for the damages. How much is paid is determined by their coverage amount, and yours. If they can’t cover all the damages, a likely situation, then you might have to pay a deductible. If the other person is at-fault it is likely that you will get your deductible paid back.

A horribly common situation is when the at-fault driver has no insurance and the other driver does. According to LaMarca Law Group P.C., “A lot of people think that they cannot afford the costs of car insurance, whether due to a lower income or higher monthly financial obligations.” While that driver will most likely face harsh legal penalties, you might suffer financially. If you have certain coverage, then your insurance should pay. In the case that the damaged driver has no insurance, then the state law determines their fate.

Determining the damage of the car is also an important matter. According to the DMV, “Your car is considered a total loss if the amount of the damage is more than the total value of the car.” If the not at-fault driver’s car is a “total loss” then it will be more difficult to not have to pay out of pocket for the damages. Overall, the seriousness of the financial burden always depends on the type of insurance of both drivers, if insured at all.

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Risks Behind the Routine of Truck Driving

Posted by on Jun 21, 2016 in Truck Driving | 0 comments

According to Williams Kherker law firm, as many as “130,000 truck accidents occur each year in the U.S.” Truck driving is a physically demanding job that presents many dangers for the driver and others. They must travel long distances for extended periods of time to meet a quote. Longer driving periods equals more dollars in their pocket, and sometimes this motivation can create threatening situations.

Truck driver’s duties include more than just operating the vehicle lawfully. According to the Bureau of Labor Statistics, truck drivers must inspect their trailers routinely, keep the truck clean, and unload/load often heavy goods. The strain on driver’s back from sitting for prolonged periods, and on their muscles from unloading, creates many issues for the driver. This in itself can inhibit their driving ability.

The main dangers associated with truck driving is fatigue. Due to the tiring nature of the job, drivers often have a sporadic sleep schedule, and some even skip mandatory resting periods. According to Des Moines personal injury lawyer, “In the rush to meet delivery deadlines in the relentless pace of the modern world, many drivers make the reckless and negligent decision to get behind the wheel when they have not had sufficient rest.”

Truck drivers commit to a dangerous position when they get behind the wheel. According to a Truck Info study, “Trucks are 3 times more likely to be in an accident than a regular motor vehicle.” They are subject to a stringent work schedule and many physical challenges. The main danger for drivers is not mechanical problems or weather conditions but themselves and other drivers. By not getting an adequate amount of rest and overworking their body, truck drivers can make meeting deadline deadly.

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