Why Many Individuals are Wrongfully Convicted

Why Many Individuals are Wrongfully Convicted

Sep 17

Drug-related activities, which include simple possession, possession with intent, sale of a controlled substance, drug manufacturing, drug trafficking, and drug conspiracy, are serious federal and state crimes and are punished with mandatory sentences, steep fines, and possibly many hours of community service, among others. (A mandatory sentence refers to the penalties a court must hand down to a person convicted of certain offense. Felony offenses, under state law, are punishable by a mandatory minimum sentence of at least one year imprisonment. Class A felonies, which are the most serious of offenses under state law, carry a mandatory minimum of 15 years jail time. Mandatory minimum sentences, however, may be increased due to certain factors, such as prior convictions or aggravating factors.)

Every year, the U.S. Drug Enforcement Agency (DEA) makes more than 30,000 arrests due to drug-related crimes. Two specific arrests frequently made by state or federal arresting officers are simple possession of illegal drugs and possession with intent. As explained in the website of the law firm Brent Horst, simple possession alleges that an individual had a controlled substance for his or her own personal use (illegal or controlled substance includes cocaine, heroin, marijuana and ecstasy, which is otherwise known as 3,4-methylenedioxymethamphetamine (MDMA). Heroin, marijuana and ecstasy are Schedule I drugs or drugs with no currently accepted medical use and have a high potential for abuse; cocaine, on the other hand, is a Schedule II drug or a type of illegal drug that has high potential for abuse, the use of which can potentially lead to severe psychological or physical dependence.

A worse offense than simple possession is possession with intent. This offense alleges that a person who possesses illegal drugs has intent to sell, distribute, deliver, or even manufacture the controlled substance. A simple possession charge can be elevated to possession with intent due to the amount of drugs possessed – it being too much for one person to use. Besides this, the presence of some items, like sand/mall plastic bags, containers, or scales are more likely indicative of a possessor’s intent to sell. While simple possession may only be a misdemeanor, possession with intent is always considered by state and federal authorities as a felony.

Those involved in drug crimes and other drug-related activities should be caught and punished according to the stipulations of the law. However, many law firms, like Brent Horst, for example, know that many individuals are made to suffer years of jail term despite innocence on the charges brought against them. Wrong conviction can be due to:

Systemic bias, or institutional bias, which refers to an inherent tendency to support particular outcomes (such as excluding black jurors from trials involving African Americans);

“Tunnel vision” or confirmation bias,” which involves forming an initial impression about one person’s guilt, and then tunneling or focusing on proving that person’s guilt while overlooking exculpatory information and other suspects; and,

Plea bargaining, wherein an accused would rather confess to a crime despite innocence so as to be given only a minimum sentence for her offense. While a plea bargain would save a person from a lengthy time in jail (the sentence the crime really deserves) it also forgoes the necessity

Pros and Cons of a High Car Insurance Deductible

Pros and Cons of a High Car Insurance Deductible

Jun 01

A deductible is an out-of-the-pocket expense that a car owner must pay before their insurance provider begins paying for damages. When choosing deductibles, the question that comes to mind is “Will I opt for a higher or lower amount of deductible?” If you are looking for reduced interest rates, the former is the better option than the latter. There are many benefits to getting a higher deductible than a lower amount. Let us take a look at the benefits.

1. Lower Premiums

According to the website of Madison, WI car accident attorneys, having a higher deductible entitles you to a lower monthly interest rate on your car insurance. This is true regardless of the type of insurance you are applying for. According to the Insurance Information Institute, an increase of $200 to $500 on your insurance policy can result to a 30 percent reduction on your premiums. If you can afford to increase it by $1,000, you can get around 40 percent savings on your premium.

2. Cash on Hand for Emergency Situations

By increasing the amount of your deductible, you are assured of having cash on hand for emergency situations. Let us say something unforeseen happens with your car, you will have something to pay off for whatever expenses you will incur. Funding your deductibles can give you something to use in times of emergencies.

Tips on Choosing Amount of Deductible

Deciding on the amount of your deductible can be difficult. It will eventually affect your future finances on your car insurance. Here are some helpful reminders on selecting the right amount of deductible.

  1. Choose a deductible that you can afford. Everything boils down to how much budget you can afford to shell out. Remember that your insurance provider will not pay for damages until you have paid up your deductibles. So think long and hard on how much money you would like to risk for your deductibles.
  2. Consider how the deductible will affect the amount of insurance. When choosing the amount of deductible, think of the long term effect it will have on your insurance premium. How much will you be able to save if you pay $1,000 on deductibles compared to $500. Will you get huge savings in your insurance premium when making an additional payment for your deductible?

If you have comprehensive and collision coverage, it will be dependent on three things: the value of the car, the likelihood of a claim, and the amount of your deductible. Having a higher deductible can reduce any potential risk from your insurance company.

Drunk Driving Accidents

Drunk Driving Accidents

Jan 05

Being a responsible driver requires close attention to the road and the other drivers around you. The effects of alcohol makes this impossible, making drunk driving one of the most dangerous forms of reckless driving. Drunk driving is defined as operating a vehicle with an blood alcohol content level of 0.08% of higher. According to the internet site of the Hankey Law Office, about 32% of vehicle related fatalities was due to drunk driving.

Drunk driving impairs a number of important functions necessary to drive a car. Alcohol can impair your vision, decision making skills, and reaction time. As such, the likelihood of a drunk driver causing a wreck is significantly higher than a sober driver. The roadways are already dangerous due to high speeds and heavy machinery, so a driver that is incoherent in any way significantly adds to the treacherous nature of driving.

In the U.S., drunk driving is a serious offense that is fully persecuted by the courts. Many car crash injury lawyers focus a lot of their practices on pursuing claims against drunk drivers. The act can have many names which include driving under the influence (DUI), driving while intoxicated or impaired (DWI), or operating while intoxicated or impaired (OWI). While these offenses can be determined using a breathalyzer or blood sample, an officer can also use his or her own observation and judgement to determine an individual’s capacity to safely operate a vehicle. This may include asking a driver suspected of drunk driving to perform a sobriety test outside of the vehicle to test motor skills and the presence of slurred speech.

Unfortunately, drunk drivers often fail to understand that there are victims other than themselves that are affected by their actions. You may be eligible for compensation for the physical and emotional injuries you suffered.

Challenges of Suing the Government

Challenges of Suing the Government

Sep 03

It can be very difficult to determine who can be liable for damages following a car accident when the cause of the accident was poor road conditions. Because the person at-fault of the accident can be a government agency, there are certain considerations that should be looked into before filing a personal injury claim. According to the website of the Williams Kherkher, verifying the right agency plays a vital role in not only determining who is to be sued in the injury claim, but also to see whether the agency can be legally sued.

Generally, majority of government agencies fall under the “governmental immunity” or “sovereign immunity”, which means they can have immunity against lawsuits and they cannot be sued. However, most of these government agencies give exemptions and acknowledge any lawsuits that are filed against them through particular circumstances. It is important for the injured party (plaintiff) to prove that the negligence of the government agency in charge of the maintenance of the road was the main cause of the accident (or that they were very negligent in their action/inaction). Another exception is when a municipality has insurance that covers these types of lawsuits.

Although the precise circumstances for which a victim or a car accident can sue vary from state to state, the rules that are generally set by the state to each smaller agency within their jurisdiction usually do not differ. Statute of limitations is also something that should be minded, since this gives the plaintiff a limited amount of time to file case. If the plaintiff fails to file the case before the allotted deadline, the court has the right to dismiss the case. Before actually starting the lawsuit, the plaintiff has to inform the government agency of their intention to sue and explain the reason behind the lawsuit. If the plaintiff fails to do this before the designated statute of limitation, then the case will be dismissed by the court.

The Role of Natural Hazard Disclosure Reports

The Role of Natural Hazard Disclosure Reports

May 05

There are certain things in life that are worth the risk – such as a vacation or perhaps applying for that job you never thought you might be qualified for. But with certain permanent possibly life altering things (such as purchasing a house), it is often better to be safe than sorry.

A house can look absolutely perfect at first. It can even look like your dream house. But have you ever met someone who looked absolutely gorgeous only to find out later on that they’re about as dull as a brick or, perhaps, quite rotten on the inside? There is the definite possibility of there being demons that lurk in that seemingly perfect house and just as with any permanent commitment – you’ll want to see the fine print of what you’re signing on to before saying the proverbial “I do” with a house.

One of these necessary fine prints comes in the form of natural hazard disclosure reports or NHD reports. These are legally required documents from sellers in some states – though come from an external source (and if the source is affiliated with the seller, then the buyer needs to be made aware of this partnership – in case there might be a conflict of interest) and can often range in price from $50 to around $250, depending on the kind of coverage that you might wish to know about the home you wish to purchase. In retrospect, this amount of money for reliable documentation can save you hundreds of thousands of dollars in repairs or possible decontamination.

Some natural hazards that you must be made aware of are things like: is the house situated in a place that is frequently visited by fires or earthquakes or floods? If so, can the house structurally sound enough to withstand such profound damage? Not only that but there may also be secret toxins that lurk within the house that the buyer needs to know about. After all, there is every possibility that the walls have secrets that could very well endanger the lives of the occupants of those who are exposed to it without their knowledge.

Which price would you rather pay?