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Financial Damage Recovery Following A Big Rig Accident

There are very few accidents on the highways quite as serious as a crash involving an 18-wheeler, especially when multiple vehicles are involved. While individual motorists could well contribute to the causation of an accident, the mere size of the tractor-trailer can do immense damage to both vehicles and passengers alike. Unraveling a big-rig accident is also often complicated when there are multiple drivers involved because each party will have a version of events being presented by their legal representation in an effort to maximize the claim value of their clients. And of course, especially when the truck driver is… Read More →

Protecting Against Searches Of Your Computers And Mobile Phones When Crossing Our Borders

Most people know that coming into the United States at a border they have fewer rights against searches and seizures of their property than when in the country. However, when it comes to electronic devices, such as computers and cell phones, the laws can get confusing. The bottom line is, do not bring anything into the United States that you would not want to be found by government officials. There are some safeguards, however that have developed. Primarily, my best advice is use a very strong password on your devices, and have them off and locked. Some have suggested that… Read More →

Elder Abuse And Negligence: It Can Happen To Your Loved One

Over two million elder Americans are reported as having suffered from elder abuse each year. But these crimes are rarely reported and rising each day, with the actual number of people suffering from elder abuse in the United States likely being far over the reported two million cases. It is believed that only one in 24 victims ever report their abuse or are discovered by family members to have been abused. One form of elder abuse is financial. Of these victims, only one in 44 report the crimes perpetrated against them. The reason why so few report is that they… Read More →

FDA Orders Opioid And Benzodiazepine Manufacturers To Provide Black Box Warning

The Food and Drug Administration has ordered opioid painkiller and benzodiazepine manufacturers to provide patients with black box warnings on their labels regarding the risk of overdose. This is because the FDA has learned that patients who take opioid painkillers in combination with benzos, a class of anti-anxiety medications, may be vulnerable to overdose from the combination of these two drugs. The stronger warnings for opioids like Vicodin and Oxycontin and benzodiazepines like Xanax and Ativan are in response to increasing deaths of patients using both medications, whether by prescription or illicitly. Taking the two together leads to a variety… Read More →

Can A Cop Stop Me For No Reason And Ask For My I.D.?

Thanks to Mr. Lawson taking the issue all the way to the Supreme Court years ago, the answer is NO. Find out the whole story in this interesting interview of the Plaintiff.   But Wait! Officers do not have a duty to investigate every unsupported assertion of innocence of detained individuals; however, when a detainee claims misidentification, and there is clear physical inconsistency between a warrant subject and a booked individual, officers should explore readily accessible identity checks to insure they are not holding the incorrect person. Garcia v. City of Riverside, 9th Circuit, 02-03-2016, #: 13-56857.

San Diego Police Agency Equips Officers With Body Worn Cameras

Currently four San Diego police agencies have equipped their officers with body worn cameras. By the end of 2016, it is anticipated that most if not all police departments in San Diego County will have body worn cameras (BWC) on their officers. It remains to be seen whether this will help or hurt the defense, in general. My experience with CHP cameras in their vehicles when they make stops for driving under the influence, is that they make sure they have something on video to back up the written report of the stop .So, we have seen them following drivers… Read More →

Eighteen Years In Prison. Prosecutor Gets Slapped On Wrist

AUSTIN, Texas — A former prosecutor who used false testimony and withheld evidence to send a now-exonerated man to Texas’ death row has lost an appeal to overturn his disbarment. The Dallas Morning News reports that the Board of Disciplinary Appeals on Monday upheld the decision of the State Bar of Texas to disbar Charles Sebesta. The board’s decision is final. The bar revoked the Burleson County district attorney’s law license in June, finding he had engaged in prosecutorial misconduct in the case of Anthony Graves. Graves was sentenced to death in 1994 in the slayings of six people in South Texas two… Read More →

Shaken Baby Syndrome Defense

Shaken baby prosecutions are one of the most difficult cases a criminal lawyer defends. An attorney has a lot of biases to overcome. First, the very idea of someone shaking a baby so hard that injuries occur is hard to get past emotionally for anybody. In dealing with an outraged public, which very often includes judges and prosecutors, as well as potential jurors, a thoughtful defense attorney has to be prepared to muster a strong defense. Often a defendant’s own background lends insight into what took place, and can be used to negotiate a resolution. But, if the client is… Read More →

Who’s The Victim?

In a recent case CAAF (Court of Appeals Armed Forces) overturned a conviction of a member for larceny. Army case of United States v. Williams, __ M.J. __, No. 15-0140/AR. Evidence showed he had taken the private credit cards of two other members, and used them to make purchases without their permission. One would think those two members were the victims of the crime. NOT SO, said CAAF. The actual victims were both the merchants from whom the goods were taken, and the financial institutions which were the credit card issuers. Since the government’s charge sheet noted the two credit card holders as… Read More →

Men Or Women: Who Is The Most Common Instigator In Domestic Violence Cases?

According to statistics easily found on the internet and in the websites of legitimate organizations and even those from the government, it is mostly the women who fall victims to domestic violence crimes. However, people also accept the fact that men who fall victims to domestic violence do not usually report this cases and are hesitant to label themselves as victims in order to maintain a manly image. They also fear of being humiliated and ridiculed by the society. Unfortunately, even in today’s modern world, men have to maintain an image that is set by the society – an image… Read More →

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