A Criminal Conviction Can Influence Your Divorce

Jul 27

Whether your divorce is contested or uncontested, it doesn’t change the fact that there are legal matters to navigate through. The website hhzfamilylaw.com/divorce/ has enumerated some of the most commonly disputed areas of divorce, including child custody, child support, spousal support, and property division.

Since these are the major legal areas scoping separations, it is not surprising that these areas are also affected by the criminal convictions of one of the spouses involved. But how do criminal convictions affect divorce exactly? Well, that will depend on the kind of crime that has been committed.

Child Custody and Visitation Rights

If there is anything you need to know about these aspects of divorce, it is that the family court will always favor the best interest of a child. So, if a spouse has a criminal conviction, that will play a factor on whether it is on the best interest of the child to be with this parent.

This is because a criminal conviction can show that this spouse doesn’t have his life together, and therefore may not be in a position to take care of a child. Visitation may also be limited, especially if the child is a direct victim of the criminal conviction. Child abuse and domestic violence come to mind.

Child Support and Spousal Support

There are many factors that affect the amount of child support and alimony, and one of them is the parents’ capability to provide. A parent’s earning capacity can be influenced by a criminal record, and that’s why it can play a major part in the financial support calculations.

According to the website of the Law Offices of Mark T. Lassiter, those who are found guilty of driving while intoxicated may face various penalties, such as fines reaching thousands of dollars. This can seriously affect a person’s financial standing and capability to provide for a child or ex-spouse. Also, there is the possible hardships of getting employment, casting more doubt on the person’s earning capability.

Property Division

Property division is not always affected by criminal convictions. Most of the time, it is a legal aspect that is only affected if it is warranted, like when the criminal conviction relates to properties in general. For example, if a spouse has a record of fraud, the other spouse may have a reason to doubt the amount of declared properties, because the spouse may be hiding some that he intends to not be divided upon divorce.

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Advantages of Having Breast Implants

Apr 27

Advantages of Having Breast Implants

Deciding whether to get breast implants or not can be difficult. After all, we are talking about your body here, and making changes to it may give rise to ethical and medical issues. But these are just minor step backs to the amazing advantages of having breast implants. The advantages may be on your body, mind, or both.

For your Body

Breast implants may correct the symmetry of your breasts, especially if they have sustained changes due to things like breast cancer and the procedures associated with it, pregnancy, breastfeeding, and weight loss. Having symmetrical breasts has its own benefits, like how they fit easier on bras and bikinis without the use of uncomfortable forms.

Implants also make your breasts bigger and more appealing. This is done in a way that doesn’t look over the top, so you don’t have to worry about looking too unnatural. Breast implants involve calculated procedures, taking into consideration your preferences and the medical professional’s recommendations.

Implants are not just about sizes, because they are also about shapes. The medical professionals will make sure that your breasts don’t just look bigger, but also firmer for a healthier look. This perfection in both size and shape will make you look good in whatever clothing you choose to wear.

For Your Mind

Looking good in whatever piece of clothing results into confidence. Of course, you shouldn’t rely on your looks alone for confidence, but they do help in establishing and solidifying a positive impression in yourself.

It can also be argued that breasts are significant signs of femininity, so it can be said that those who have breast implants may feel more feminine because of the improvements in their breasts in terms of symmetry, size, and shape.

Implants are not for Everybody

Some women don’t like the idea of going through procedures or inserting something unnatural inside of them, which is just as understandable as those who like the idea. They want to go all natural, even though it means that the symmetry, size, and shape of their breasts are not perfect.

The important thing is knowing that your body is not the only important aspect of your being, and your breasts don’t define who you are as a woman, or even as a person. But getting breast implants is an option available for those who may want them.

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Symptoms of a Traumatic Brain Injury

Feb 04

Traumatic brain injury occurs when the brain has sustained damage due to excessive force. This injury is mostly sustained in traffic accidents, sporting activities, slip and fall accidents, and acts of violence on the head. The injury becomes more tragic if the carelessness and negligence of another party is at fault. Those instances are so serious that there are even legal professionals who specialize on them, such as this Panama City personal injury attorney.

Traumatic brain injuries can be classified depending on its severity. It can be mild, moderate, or severe. To know what kind of traumatic brain injury is sustained, an individual can look for the signs listed below.

Mild traumatic brain injury
A mild TBI, also commonly called a concussion and a minor head trauma, may occur if the confusion, disorientation, or unconsciousness has lasted for less than 30 minutes. The first signs of a mild TBI are dizziness, headaches, memory loss, nausea, and slowness of thinking.

But even mild traumatic brain injuries have severe effects, such as sensory problems. Victims may suffer from vision problems, hear ringing in the ears, and taste something bad in their mouths. Mental problems are also common on patients. The most common mental problems include irritability and mood swings, difficulty concentrating, sleeping disorders, and feelings of anxiety and depression.

Moderate to severe traumatic brain injury
If a person has been unconscious for about 20 minutes to 6 hours, he or she may have suffered a moderate traumatic brain injury. The injury sustained may be considered severe if the unconsciousness has lasted more than 6 hours.

Moderate and severe TBI share the same entry in this list because their symptoms are mostly the same. The only difference is their severity.

The physical symptoms of moderate to severe TBI are the same as those from mild TBI, but on a more serious level. Dizziness and nausea may result into vomiting, headaches become persistent, and the patient may experience seizures. The patient may also have body coordination problems, or worse, physical paralysis.

The sensory problems associated with these kinds of TBI are also more serious. Partial or total loss of vision, hearing, sense of smell, and sense of taste are not that uncommon. There may also be difficulties in reading, writing, and speaking.

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Types of Insurance Agent Negligence

Dec 12

Natural calamities such as tornadoes and hurricanes can leave devastating damage to properties. The devastation can be so excessive that you may not be able to pay for repairs from your own pocket. Luckily, they can rely on insurance to cover for the possible expenses they will incur. However, in order to receive the full compensation, the damage has to be fully appraised by an insurance agent. This is where negligence of the insurance agent will come in.

According to the website of Williams Kherkher, there are different ways an insurance agent can be negligent. These actions can have devastating financial consequences on the individual suffering from the effects of a severe storm. Let us take a look at some instances an insurance agent can be negligent when it comes to claims:

1. Failure to advise clients of their appropriate coverage

An insurance agent can be negligent when they fail to inform their clients about the appropriate coverage options or misinforming them as to the extent or nature of the coverage they are purchasing,

2. Conduct has fallen below the required standard for their profession

An insurance agent has the duty to inform client about the termination of their coverage. If the agent was not able to file the paperwork or filed it improperly and such conduct has led to losses for the client, the agent can be held liable for the losses.

3. Failure to inform client about the type and amount of insurance they require

It is important for agents to inform and recommend the appropriate coverage and not doing so will result in a breach.

4. Failure to give the client the correct coverage they need

Whether requested by the client or coverage that they need, an insurance agent must ensure that their customer receive the correct coverage. If the client made a mistake and the client did not get the proper coverage or right risk, the agent is in breach of their duty.

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Implied Consent In A DUI Charge Explained

Aug 25

When an officer flags you down for suspected DUI, the first thing they will do is have you undergo a breathalyzer test to determine your blood alcohol content (BAC). However, not everyone are willing to subject themselves to such kind of procedures. According to the National Highway Traffic Safety Administration, more than 20 percent of drunk driving suspects in the US refuse to take a breathalyzer test when stopped by a police officer.

According to the website of Horst Law, refusal to take a chemical test after being placed under arrest subjects you to being charged for violating the law on implied consent. This rule states that if you have been arrested for DUI, you agree to be subjected to blood, urine, or breath tests for the purpose of determining your BAC. The law prohibits you to consult an attorney before the testing and the test should be administered as soon as possible from the time you were driving. The arresting officer chooses the test you will take but you can choose the additional tests administered by a doctor of your choice.

With implied consent, you can still be arrested for DUI even if you are not the driver. As long as you have physical control of the vehicle, it is enough ground for the officer to arrest you. In addition, the law says that you consent to taking a preliminary breath test even if you were not arrested. The result of the test will be used by the officer to determine if there is probable cause that you were indeed driving while intoxicated. While you can refuse to take the test, doing so would not help your cause as the officer may think you had been drinking. The law enforcer can use that reason to still arrest you.

When you are arrested, the officer will remind you that your license will be suspended if you refuse to take a test. For first refusal, the suspension will be valid for one year while succeeding refusals will result to license suspension for three years. The officer will then submit a sworn report to the Secretary of State detailing the reasons for your refusal.

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Wrongful Death

May 13

Five Georgia Southern University students who comprised of Savannah resident Abbie DeLoach, Millen resident Caitlyn Baggett, Leesburg resident Morgan Bass, Alpharetta resident Catherine Mckay Pittman, and Powder Springs resident Emily Clark, died on April 22, 2015 when a tractor trailer rig hit their vehicle as it was sitting in traffic on Interstate 16 in Bryan County.

Attorneys at the website of Ausband & Dumont say that the families of the victims filed a wrongful death lawsuit in May 2015 against U.S. Express Entities, the parent company of Mississipi-based Total Transportation and its subsidiaries, as well as Pooler-based Graywolf Logistics and the truck driver, who is Shreveport, Louisiana resident John Wayne Johnson.

According to investigations made by the Georgia State Patrol, the tractor trailer rig-car collision caused a seven-vehicle pileup.

The lawsuit stated that the truck that Johnson was driving should have contained a collision avoidance system that is designed to provide the driver with visual and auditory warnings that there are objects that are blocking the truck’s path. It claimed that the truck had been traveling at around 70 miles per hour and did not slow when it hit a Toyota Corolla that was occupied by Clark, Pittman, and Baggett and the Ford Escape that was directly in front of the Corolla that was occupied by Bass, Loganville resident Megan Richards, and Reidsville resident Brittany McDaniels. Richards and McDaniels survived the crash.

The lawsuit also said that people involved in the accident saw the “explosion of the fuel tank [that] engulfed the Toyota”. It also claims that there had been no bad weather, and that there had been no possible hindrances to Johnson’s seeing that there was traffic in front of him, noting “because he was drowsy or some other inexplicable reason, Johnson did not slow or stop…never applied brakes, never made any move to avoid a collision, before slamming into the rear of the Toyota at high speed”.

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Distracted Driving

Aug 06

Driving requires you to focus intently on multiple, constantly changing factors at the same time. You have to pay attention to not only your vehicle’s location, speed, and direction, but also the actions and intentions of vehicles, pedestrians, and bikers around you. According to www.pohlberkattorneys.com, car accidents are one of the leading causes of injury and death in the US. Distractions increase your chance of being involved in an accident, so it is important to be aware of the different forms of distracted driving in order to keep yourself, your passengers, and the drivers around you safe while on the road.

The first type of distracted driving is cognitive distraction. This is where you might be looking at the road and there does not appear to be any distractions involved, but you are not focused mentally on driving. You could be thinking about what you need at the grocery store, something that happened earlier that day, or even just day dreaming about nothing in particular. If your mind is not focused specifically on the road, you’re distracted.

The second type of distracted driving is visual distraction. This is where your eyes are not focused directly on the road but rather something else. This could be something that is outside of the car such as signs or buildings, but it can also be inside of the car such as rambunctious children or a talkative passenger. Without your eyes focused on the road you will not be aware of sudden changes in the conditions, and an accident could be the result.

The last type of distracted driving is physical distraction. This is when your hands are not actually on the wheel or there is some other physical contact made on you that alters your driving. You could be reaching behind you for something in your purse, handing a drink to someone else in the car, or someone could have bumped your arm or pushed the back of your seat. Physical distraction is the reason why you should never eat, put on your makeup, or do any other activity in the car while driving, or else the distractions can result in a serious collision.

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The Risks of Unnecessary C-Sections

Apr 10

The World Health Organization (WHO) recently pointed out that there has been a huge increase in the rate of Caesarean sections over the last few decades. According to the report dated April 2015, the ideal rate for C-section operations in both developed and developing countries is at 10 to 15 percent. However, the rate of C-sections performed in the United States almost doubles this number. At present, the rate of births via C-sections in the U.S. is at 33 percent. According to a separate set of data from the Centers for Disease Control and Prevention (CDC), that translates to roughly around 1.3 million Caesarean section deliveries.

In their report, WHO emphasizes that these growing numbers is a cause for concern. The huge discrepancy between current C-section rates and the prescribed ideal rate show that millions of unnecessary C-sections are performed all over the world. While C-sections can be extremely beneficial when medically justified, unnecessary surgical births can cause more harm than good. As pointed out in the WHO report, the operation can lead to “significant and sometimes permanent complications, disability or death particularly in settings that lack the facilities and/or capacity to properly conduct safe surgery and treat surgical complications.” It’s crucial that medical professionals prevent such outcomes by resorting to C-sections only when the safety of both mother and baby are threatened by particular complications. One such complications is placenta previa—a condition where the placenta is obstructing the opening of the uterus, preventing the baby to be delivered naturally through the birth canal.

According to the website of the Ausband & Dumont Law Firm, physicians who endanger mothers and babies through a unnecessary C-sections can be held accountable for the carelessness of decisions. This is because doctors are continually held according to high standards accorded by their profession. By pursuing an unnecessary surgical procedure, they could end up causing unintended outcomes. This is particularly true when such redundant procedures lead to birth injuries or even wrongful death. In these scenarios, the aggrieved patient can decide to pursue just compensation through a medical malpractice suit.

If you are dealing with a similar problem caused by an unnecessary C-section, it’s best to consult with experienced legal counsel in your area.

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Birth Defects: Of Zofran and Cleft Lip and Palate

Feb 02

There is still a lot of prevalent prejudice in this world’s society still present today and a lot of that comes from the perception of physical attributes. Many people are criticized if their features are not totally symmetrical or have a culturally acceptable skin color. Ever crueler can people be towards those few unfortunate people who are born with physical defects.

One of these physical defects is being born with a cleft lip and palate. If the palate is not involved, then it is only called a cleft lip. This is commonly a birth defect and can be corrected via surgery. Should the medical procedure be a success, the child in question would not even bear the scar of this affliction upon growing up. However, this is a medical procedure that has been known to be costly and many families, already burdened financially, cannot bear the expense that this procedure will cost.

Though there are cases wherein the defect is due to a genetic anomaly, there has been newfound evidence that links the fetuses’ exposure to certain medications that cause this unfortunate situation for the child. According to the website of Williams Kherkher, Zofran is one of these drugs.

Zofran is popularly prescribed to people who experience nausea due to some illness or due to the fact that it is a side effect of some medical treatment or some other medication. Cancer patients, for example, often experience nausea after chemotherapy or radiation and are therefore prescribed this drug in order to steady their food intake.

Pregnant women are also people who experience constant nausea and often resort to this medication as it is quite effective and works quickly. However, there have been some cases linking some birth defects as a result of consumption of the drug with ondansetron hydrochloride during the early development stages of the fetuses. Some of these defects include cleft lip and palate, as well as potentially lethal defects such as that of congenital heart defect.

If you or someone you know is currently suffering from a similar situation, it is recommended to look for specialized legal assistance immediately in order to know what are the rights owed to you for having to suffer this kind of consequence from this medication.

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Criminal Defenses: The Woes of Juvenile Offense

Jan 27

Many of today’s youth have been under the impression that that they are invincible. It is imperative that children are given the proper guidance and tools in order to become assets to society as a whole when they grow up. However, with this devil-may-care attitude can come some serious legal consequences of which they are not aware. There may be some times in a child’s life when this ignorance brings forth legal consequences that could merit legal action known as juvenile offense.

In most parts of the world, including the United States of America, anyone under the age of 18 is considered a minor – a child. This means that these children are not to be held completely liable for their action, lest they are legally emancipated from their parents or legal guardians. This is a difficult case to defend due to the fact that there are many subtle intricacies that could shift the case, making the child get treated and convicted as an adult. A Collin County criminal attorney can tell you that if the defense of the child is not aggressively sought out, the child could be withheld rights and privileges as well as be limited in terms of educational and professional opportunities. After all, this kind of record cannot be expunged and a conviction will taint that child’s reputation and life forever.

Some criminal charges that a minor can be convicted for are drug possession, sexual assault, traffic violations, public intoxication, drug offenses, et cetera. For these crimes to be on record for any one person can be damaging, much more to a child; a case of this magnitude requires only the very best expert, specialized help in criminal defense.

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