logo

Proving an Alibi: The Lawyer’s Role

logo

Perhaps the most common criminal defense invoked by defendants is the “I wasn’t there” story, also known as an alibi. In many detective stories, proving a cast-iron alibi is taken as a matter of course but in fact a solid, unshakeable alibi is rare. The criminal defense lawyer’s role is to substantiate an alibi enough to establish reasonable doubt to a jury that the defendant was responsible for a crime.

In some cases, it is a physical incapacity of the defendant to commit the crime that serves as a defense. In lieu of that, the alibi is used to prove the physical impossibility of committing a crime such as being in another location at the time as attested to by documents such as gas receipts, GPS data, plane tickets, photographs, or another person.

Because it is relatively easy to fake an alibi, an experienced defense lawyer should endeavor to provide a preponderance of evidence unless the sole evidence is irrefutable such as an independent source i.e. newspaper article placing the defendant in a location far from the scene of the alleged crime.

In a case against famous comedian Bill Cosby, the plaintiff named the Playboy Mansion (in California) as the venue where she was allegedly raped by Cosby at a specific event held in August 2008. Cosby’s lawyers contend that at that time, the comedian was in New York, and would submit documentary evidence supporting this contention. At the time of this publication, the nature of the evidence had not yet been shared. Considering that Cosby has been accused by several women of similar crimes (though so far unproven), the alibi would have to be solid indeed to convince a jury that the charges were unsubstantiated.

In many instances, an alibi is hard to prove because the defendant may have stayed at home alone during the commission of the crime, or the defendant was unable to remember the events of that period. It is the role of the criminal defense lawyer to explore all avenues to find evidence that would prove an alibi for the client, and a competent one will do so if there is one at all.

Dealing with Traumatic Brain Injury

logo

The National Conference of State Legislatures defines Traumatic Brain Injury (TBI) as a “disruption in the normal functioning of the brain due to a bump, blow, jolt or penetrating head injury”. It is caused by a severe external blow to the head, which could be done deliberately or otherwise.

An injury like this could prove to be most severe as it is one of the primary causes of death all over the world, especially amongst children and young adults. The brain is a delicate part of the human body – and yet it controls everything, voluntary and involuntary. To lose control of that part of our body is to lose control of ourselves entirely. According to the Sampson Law Firm website, an injury of this magnitude is often permanent and can dramatically alter the lifestyle of not just the victim but also the victim’s family, friends, and loved ones.

If you have been dealt with sudden trauma to the head and if this circumstance has caused you significant intracranial injury, you are warranted to contact legal assistance in order to press charges. Brain injuries are possibly among of the most serious of all, for if your mind were to be injured, everything about you could disappear in a moment – like breath on a mirror.

There could be many causes as to why you might sustain this kind of injury and some of them could be as rueful as missing a step on the stairwell. However, sometimes injuries of this manner could have been avoided if it weren’t for the negligence of another party. If this is the case for you or for your loved ones, it is advised for you to seek legal action immediately in order to quickly hold the guilty persons responsible for their actions. Not only will justice be served for you to be able to be at peace with returning to normal but you could also receive worthy compensation for the tragedy dealt upon you and those that this injury will affect.

Marriage Counseling: A Matter of Perspective

logo

Marriage is probably one of the toughest challenges anyone can take on, and yet most couples go into it blithely, confident that love will prevail. Unfortunately, love will not pay the bills, do the dishes, change diapers, or compensate for slovenly habits.

Many people realize too late that marriage has practical as well as emotional aspects, and that love alone is not enough. The thing is, most couples are afraid at the start of the marriage to voice their concerns and opinions for fear of causing problems, and by the time they are no longer afraid, they are too angry, too contemptuous, or too tired to try and communicate them in a constructive manner. As a result, more than half of all marriages in the US end up in divorce.

The cause of many marriages that are in trouble can be boiled down to one thing: failure to communicate. While it may seem a simple matter, it is more difficult to counteract than it sounds. Most people have a hard time expressing the way they truly feel, especially when there is already a lot of baggage in the bin and water under the bridge.

The tragic thing is the love that these couples started out with is usually still there, but buried deep beneath hurt feelings, issues with in-laws, arguments about work, and problems with money. Because they are too close to it, many couples find it difficult to work out their issues on their own. This is where experienced marriage counseling can be invaluable.

A third party can act as a mirror so that troubled couples can get an objective perspective of the situation. With a qualified Austin marriage counselor providing point, couples can gradually work out their problems and get down to what really matters: their relationship. Once this is established, it will be much easier to communicate with each other to avoid future problems.

If you find yourself in a troubled marriage, go to marriage counseling with a reputable professional with ample experience in helping couples get through turbulent weather. Sometimes all it takes is a change in perspective to see what truly lies behind the stress and tension between you and your spouse.

Surprising Causes of Car Accidents

logo

The statistics of car accidents is always grim, and for the longest time the focus was on preventing drinking and driving. Following that was texting while driving. Recent reports from the Centers for Disease Control and Prevention (CDC), though, reveal some surprising causes of car accidents that are disturbingly significant: youth and friends.

According to the CDC, car accidents are a leading cause of death among teenagers between the age of 16 and 19, especially for male teens. Seven teens die every day, and are thrice more likely to be in a fatal motor accident than older drivers. Teen drivers with no adult supervision who have other teenagers as passengers are also more likely to be involved in an accident, and the risk increases with the number of teens in the vehicle. Moreover, in excess of 200,000 teens are treated for car-related injuries every year, accounting for the proportion of car accident-related costs (30% of the total) attributed to teen driving.

So does this mean that teens should not be allowed to drive, and they should not have friends? Not at all; it all depends on circumstances. As a Columbia criminal attorney will be aware, the bare facts don’t always explain the circumstances of a case. Lawyers are trained to look beyond the surface and seek the truth of what happened.

According to the website of Habush Habush & Rottier S.C. ®, the correlation between car accidents and teenagers can be a complex issue to tackle, much more difficult to handle than merely prohibiting the use of handheld devices when driving. There are many factors that will concern someone like a car accident lawyer when digging into the facts of a case to get at whose fault it was.

If you have been seriously injured in a teen-related car accident, liability may be clear but it is a tricky situation. Is the teen responsible for your expenses, or should the parents be the responsible party? And what if the accident was actually caused by the actions of a passenger i.e. monkeying around? Consult with a qualified car accident lawyer in your area to work it out for you.

Foreclosure Defense under TILA

logo

Many homeowners lose their homes to foreclosure because they are not aware of their rights under the law. They presume that lenders have dealt with them in a legitimate matter, and that they are entirely to blame for not making their monthly payments. The fact is some loan contracts are not strictly on the up-and-up, and may not be in compliance with the Truth in Lending Act (TILA). This may be the basis for a viable foreclosure defense.

The main purpose of TILA is to ensure consumer protection by requiring lenders to be transparent about the conditions of the loan. This includes the term of the loan, the payment schedule, and the rate of interest and how it is calculated. This provides consumers all they need to comparison shop and make an informed decision. Any violation under TILA gives a client in default and in danger of foreclosure to get some breathing space and the opportunity to get a better deal.

An example of a loan contract that violates TILA is one with an attractively low teaser rate of interest which will rise sharply at a certain point and a penalty for prepayment. It would have blank spaces for crucial sections in the mortgage note itself, longer-than-necessary amortization (which means more interest payments) and unreasonable balloon payments. Such agreements make it difficult if not impossible for the homeowner to get a reasonable payment arrangement, and often results in default.

Using TILA as foreclosure defense is not a simple matter, however. The regulations of TILA can be obscure for lay persons even with staff commentary, and not all lawyers will be qualified to represent homeowners in imminent danger of losing their homes. For Iowa homeowners, it requires the skills of an experienced Cedar Rapids foreclosure defense lawyer with an intimate knowledge of TILA to pull it off successfully.

Freak Car Accidents Really Happen

logo

They say your life can change in a blink of the eye, and that is certainly true when it comes to car accident. They illustrate this in slow motion in some movies when the hapless victim starts to cross an intersection and gets hit by a vehicle trying to beat a red light.

This is almost what happened to a woman in Kenosha County, Wisconsin, but with a Final Destination-esque twist. The victim, southbound on Highway 45, was struck by a northbound semi which had first been struck by another vehicle beating a red light, forcing the truck across to the other side. It was a freak accident that cost the 45-year-old woman her life, and she probably didn’t even know what happened. The irony of it is if she had been travelling a little faster or a little slower, she may have avoided the accident altogether. Alternatively, if the 81-year-old driver that struck the semi had not tried to beat the red light…it is mind-boggling to think about the what-ifs.

The sad fact is, the what-ifs have no effect on the actual outcome. This is the type of tragic consequence of one person’s decision to violate the law that can be avoided if you consider your duty of care for others in everything you do. A Milwaukee car accident lawyer would be first to point out the “but for” of this accident, and the responsibility rests squarely on the driver running a red light.

It only takes one mistake to affect the lives of others; this is the true nature of freak car accidents. They are the end result of chain reactions set off by a particular individual’s choices. A Rhinelander personal injury lawyer can attest to the fact that bad decisions can ruin lives in an instant, and can take a lifetime to put right.

Essure Joins Defective Birth Control Product Circle

logo

Contraception is proving to be the Achilles heel for some drug and medical device makers. There’s a new kid on the litigation block, specifically that dealing with all things birth control.

Bayer HealthCare has been summoned before a civil court judge to answer allegations of known but undisclosed complications arising from the implantation of a device designed to permanently prevent pregnancies called Essure. The claims alternate between inadequate training of physicians certified to implant the device and concealment of negative reports regarding the device from the Food and Drug Administration (FDA).

Bayer had obtained premarket approval in 2002 from the FDA for the device, and normally this would shield them from litigation. However, Bayer had allegedly broken the terms of the FDA approval, making the vulnerable to lawsuits.

According to Bayer, the device is safe and effective, and more than 700,000 has been sold worldwide. The first Essure product liability lawsuit was filed by Heather Walsh in Philadelphia, but it is only a matter of time before pharmaceutical defect lawyers in other cities and states will be consulted regarding the product.

In fact, women from all over have been voicing complaints about the product a full year before the first lawsuit was filed, and it would be distinct possibility that a personal injury lawyer will be gathering the medical records necessary for filing a defective medical device lawsuit. Walsh claims the device caused complications that led to several operations, a hysterectomy, and other medical conditions, and that Bayer deliberately misled patients about the device.

Celebrity consumer watchdog Erin Brockovich has been actively lobbying against Essure, and questions why the FDA granted premarket approval for the device when the studies did not warrant it. The FDA had no comment on the issue but conducted a review of the device.

Women implanted with the device complained of chronic pain, excessive bleeding, rashes, and bloating. Some experienced ectopic pregnancies and miscarriages, attributing it to the device.

Dealing with Construction Accidents and Disability

logo

It is commonly understood that working in the construction industry is hazardous to your health, but when something actually happens, it can be difficult to cope with the aftermath.

Workers involved in construction accidents typically sustain life-changing injuries that can mean permanent disability or at least a considerable period of recuperation, if nothing worse. This is not an exercise in pessimism; a single wrench falling from height can cause extensive damage such as traumatic brain injury even if a worker is wearing a helmet.

This is the reason why most states prohibit employers in the construction industry to self-insure; it is crucial that when a worker is injured on the job that workers’ compensation benefits will be forthcoming. A New York City construction accident lawyer may get involved if the accident was a result of negligence, but even before fault is assigned, the worker will need financial assistance for medical expenses as well as loss of wages. In the short term and in any eventuality, dealing with construction accidents requires a ready source of funds.

When the smoke has cleared and traffic has been restored to normal, the injured worker still has to suffer through the pain of medical procedures, recuperation, and rehabilitation. While workers’ comp will cover most of these, there are established limits depending on the policy conditions. If the worker faces long-term disability with duration of at least 12 months, it may be necessary to turn to other available options. One would be Social Security Disability Insurance.

This may be the fate awaiting a man who was recently involved in a construction accident in Austin and the latest update was that he suffered from traumatic injuries. If and when the worker is certified as disabled, a Texas Social Security disability lawyer will be of valuable help in securing the benefits due if the worker is eligible for a claim.

If a construction accident is due to lack of safety protocols, poor equipment maintenance, inadequate training, or use of substandard materials, this is negligence and may put the employer smack in the middle of a personal injury lawsuit. This is in addition to any benefits forthcoming from workers’ comp and Social Security disability, so if you have been put in this position, make sure to consult with a lawyer about your legal options before signing or agreeing to anything.

Next Entries »

logo
Black Slate Roofing, LLC helped keep a roof over our head.