Legal Blog news and articles from the Goinglegal Team: June 2006

Wednesday, June 28, 2006

Article site

http://www.expertlaw.com/library/ possible place to submit aritcles too.

A

Monday, June 26, 2006

Cateogory ideas

Administration and Government

Admiralty and Maritime

Adoption

Age Discrimination

Agriculture and Livestock

Antitrust

Appeals

Arbitration

Art

Auto/Trucking Accident

Aviation

Banking

Bankruptcy

Brain Injury

Business

Child Custody

Civil Litigation

Civil Rights

Collection

Commercial Litigation

Communications

Computers and Technology

Construction Law

Contract

Copyright

Corporate Law

Corporations and Partnership

Criminal

Criminal-Federal

Divorce

Driving (DUI/DWI)

Elder Law

Eminent Domain

Employment

Entertainment

Environmental

Equestrian

Estate Planning

Family

Franchise Law

Gaming

General Practice

Health and Hospitalization

Immigration

Indian Affairs

Insurance

Intellectual Property

International

Juvenile

Labor

Landlord and Tenant

Mediation

Medical Malpractice

Mergers and Acquisitions

Military and Armed Services

Nursing Home Negligence

Natural Resources

Oil and Gas

Patent and Trademark

Personal Injury

Pharmaceutical Litigation

Probate

Products Liability

Professional Malpractice

Property

Energy and Public Utility Law

Real Estate

Qui Tam

Railroad/FELA

Securities

Sexual Harassment

Social Security

Sports Law

Taxation

Transportation

Water

Wills and Trusts

Worker's Compensation

Wrongful Death

Sunday, June 25, 2006

Legal Articles on Article Alley

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Sunday, June 18, 2006

Link site

http://www.nowinnofeesolicitors.co.uk/submission-requirements.php

Adding your website to our Directories
We have two separate directories - one for UK solicitors offering a "No Win No Fee" service, and a second directory for related businesses and organisations offering legal information, resources and services. We also list international law firms and UK solicitors who do not offer a "No Win No Fee" service in the second directory.

Legal articles sources

http://www.100percent-compensation.co.uk/articles.html

Free for use plus open to new submissions

Personal Injury Compensation Claim Articles

Submit your related articles here for personal injury, health, compensation, accidents, injury and pains.
Send all submissions to 100% Compensation

Articles - 1 2 3 4 5

» How To Calculate Your Whiplash Claim
Whiplash settlements can be confusing if you don't know what to look for? Learn how to calculate your whiplash claim straight from this page.
» Whiplash Compensation - Take These Actions
What steps will you take when you wake up the next morning, after a car accident with aches and pains? Some say it's nothing, some say it's the bed and some say it's whiplash, but what do you think?
» Personal Injury Solicitor - 5 Things To Consider Before Choosing
Mistakes can be made and should be learnt from. So here are 5 pointers to make no mistake for choosing a solicitor.
» Skyrocket Your Injury Claim In 7 Days Or Less!
It is possible to complete 50% of your injury claim 7 days or less, but only if you follow these guidelines.
» Compensation Claim On Automate!
Frankly making a compensation claim nowadays is easier than you think. Spend 20 minutes and the rest is on automate.
» Accident Claim - The Successful Route
Gone are the bad old days to make an accident claim. A streamlined, quality service is all you need to come out shining at the end of the tunnel.
» Whiplash Compensation Claim Going Ballistic
There are over 200,000 whiplash compensation claims processed every year, however the number increases as more and more people are coming on the road every day. Learn the basic facts and you shouldn't have a problem with the final result.
» Road Traffic Accident Claim, Vroom Vroom
It takes a handful of qualified professionals to handle an accident claim. Here is a 5 step plan to finish your road accident claim, without doing much work yourself.
» Personal Injury Claim - Undiscovered Tactics
Don't you just hate it when your phones constantly ringing with telesales staff asking if you have an injury claim? Teams of 2 to 3 people roaming the streets, smartly dressed and groomed, with black leather folders limping in their arm... these college leavers will knock on your door!
» How To Avoid Injury Compensation Claim Dilemmas
Amazing isn't it when a salesperson gets you to sign some documents and briefly explains what it entails. Only to discover at the end of an injury compensation claim that it wasn't mentioned. And only to be told then 'well, it's all in black and white and you signed the papers'...

Misdemeanor Case

The Process in a Misdemeanor Case
Posted: 08-06-2006 Views: 23
Author: Darren Kavinoky

The Process in a Misdemeanor Case ArraignmentThe arraignment is the defendant’s first court hearing after the arrest, booking, and initial bail phases of the criminal process have taken place. This is usually the first opportunity for the defendant to hear the charges pending against him and provides the defendant the opportunity to plead to those charges. A prompt arraignment is related to the Constitutional safeguard of providing a “speedy trial.” The arraignment date will be dependant on several factors. The defendant's custodial status is the most important factor. If the defendant is in custody, arraignment must take place within 48 hours, not including weekends and court holidays after the arrest. If the defendant was arrested without a warrant and has not yet been released, the arraignment is usually combined with a probable cause determination. This determination must be made by a magistrate as soon as reasonably feasible but no later than 48 hours after arrest; weekends and holidays may not be excluded from the 48 hours.If the defendant is out of custody, then they must be arraigned at least 10 calendar days after arrest unless the defendant consents to earlier date.

However, for out of custody defendants arraigned on a misdemeanor complaint, the prosecutor has 25 days after the misdemeanor citation is issued to file a formal complaint. There is no statutory deadline for arraignment. Thus, for most misdemeanor citations issued for DUI cases, the arraignment may be 30-45 days in the future. What normally happens at an arraignment is that the person charged with a crime is called before a criminal court judge. The judge will follow this basic procedure:  The judge will read the criminal charge or charges against the person, who is referred to as the "defendant"  The Judge will ask the defendant if he or she has an attorney, or needs the assistance of a court-appointed attorney  The Judge will ask the defendant to answer, meaning "plead", to the criminal charges. The defendant has three choices: "guilty," "not guilty," or "no contest" The Judge will then decide whether to alter the bail amount or to release the defendant on their own recognizance The Judge will announce the dates of future proceedings in the case, such as the preliminary hearing, pre-trial motions, and trial. Pre-Trial ConferenceThe purpose of a pre-trial conference is to allow the judge, the prosecuting attorney, and the defendant's lawyer to discuss the case, and hopefully reach a settlement. This is the time when the strengths and weaknesses in the case are first brought out and where the prosecutor and defense lawyer will negotiate on a possible settlement.

A pre-trial conference is normally set two to three weeks after the arraignment. Where a negotiated settlement can be reached, the defendant will enter a plea, such as guilty or nolo contendere, or the matter will be dismissed. If the defendant still pleads "not guilty," the judge will set a court date for trial.During this period a number of pre-trial motions are sent between the prosecutor and the defense. Types of pre-trial motions, also called “motions in limine” are discovery motions, suppression motions, and other types of motions, like a Pitchess motion (a motion to reveal the personnel records of law enforcement officers, where there is an allegation of the use of excessive force or racial bias).TrialA trial may be conducted as a “bench trial” where the judge alone will hear and decide the outcome in the case, or a jury trial, where a person’s guilt or innocence is decided by a jury of 12. It is a constitutional right to be judged by a jury of one’s peers, although the actual ethnic and gender make-up of the panel may not really be the same as the defendant. A jury is made up of people in a certain geographic area relative to the courthouse. The courthouse where the case is heard is in the same geographic area where the crime was committed. Depending on what type of crime it is, the length of the trial will vary.

The basic structure of the trial is as follows: Jury Selection: this process can take several days. Both the prosecutor and defense attorney are given the opportunity to “voir dire” the prospective jurors to determine their fitness for trial. Either side may move to exclude a juror for cause, such as bias, or exclude them based on a limited number of “peremptory” challenges.  Opening Statement: Where both the prosecutor and defense attorney are allowed to give their “version” of the case to the jury. Direct Examination: Where both sides are allowed to call witnesses for their case. Cross-Examination: Where the side that didn’t call that witness are allowed to question the witness. The major difference between cross and direct examination is that in cross-examination, the lawyer is allowed to ask “leading” questions.  Closing Argument: Where both the prosecutor and the defense attorney are allowed to “sum up” their respective cases, highlighting the evidence that favors their case. The closing argument will often conclude with the lawyer asking the jury to find for their case. Jury Instructions: The judge will advise the jury how to interpret the evidence in the case, based on preset jury instructions, normally prepared “CALJIC” instructions.  Jury Deliberations: Where the jury is first allowed to discuss the case among themselves, deciding the facts of the case within the framework of the jury instructions. SentencingThe judge decides how to sentence the defendant, not the jury. In a misdemeanor case the judge may sentence the defendant to county jail, impose fines, and may or may not impose a term of probation.If you or someone you care about has been charged with a crime, whether it is a felony offense or a misdemeanor, it is vital that effective legal representation be obtained.

Please contact the criminal defense lawyers at The Kavinoky Law Firm for the unparalleled service in any criminal defense case.This article is free for republishing Darren Kavinoky is a Los Angeles-based criminal defense lawyer who practices throughout California. He is the Managing Shareholder of The Kavinoky Law Firm, an 11-lawyer criminal defense firm that handles criminal defense matters exclusively. Darren has provided legal commentary on Larry King Live, the Today Show, Celebrity Justice and many other TV and radio programs. He is a nationally-renowned lecturer and author who delights in sharing his experience with others. More information about Darren and The Kavinoky Law Firm can be found at http://www.nocuffs.com or www.NoCuffs.com.

Who is Required to Register under Megan’s Law
Posted: 08-06-2006 Views: 42
Author: Darren Kavinoky

Who is Required to Register under Megan’s LawThe following persons are required to register, according to California Penal Code Section 290:(1) any person who, since July 1, 1944, has been or is convicted in any court in California or in any federal or military court of:(a) kidnapping, regardless of whether or not a ransom is demanded, to commit rape, sodomy, lewd or lascivious acts, or oral copulation;(b) assault to commit rape, sodomy, or oral copulation;(c) sexual battery;(d) rape:(i) when the victim is incapable of giving consent;(ii) by force or fear, or in concert with force or violence;(iii) by threat of retaliation;(iv) of a drugged victim;(v) of a victim unconscious of the nature of the act; or(vi) of a spouse by force or violence for which the offender is sentenced to the state prison;(e) enticement of a minor female for prostitution;(f) induced intercourse or sexual acts by false representation with the intent to create fear;(g) pimping or pandering, where the person engaged in prostitution is a minor and the offense is committed after January 1, 1998;(h) procurement of a minor under 16 for lewd and lascivious acts;(i) abduction of a minor for prostitution;(j) aggravated sexual assault of a minor;(k) incest;(l) sodomy;(m) lewd or lascivious acts or conduct;(n) oral copulation;(o) continuous sexual abuse of a minor;(p) sexual penetration with a foreign object;(q) distributing, for commercial purposes, obscene matter depicting a minor engaged in or simulating sexual conduct;(r) advertising, distributing, exhibiting, exchanging, or selling obscene matter depicting a minor engaged in or simulating sexual conduct;(s) distributing, exhibiting, or exchanging obscene matter with a minor when such matter depicts a minor engaged in or simulating sexual conduct;(t) sexual exploitation of a minor;(u) employment or use of a minor to perform prohibited acts;(v) possession of matter depicting a minor engaged in or simulating sexual conduct;(w) annoying or molesting a minor under 18;(x) soliciting another to commit rape, sodomy, or oral copulation by force or violence;(y) indecent exposure, or assisting in an act of indecent exposure;(z) sending harmful matter to a minor by telephone messages, electronic mail, Internet, or a commercial online service, as long as such offense constitutes a felony; or(aa) an attempt to commit an offense listed in (a) through (z) above;(2) any person who, since July 1, 1944, has been or is released, discharged, or paroled from a penal institution where he or she was confined because of the commission or attempted commission of an offense listed in (1) above;(3) any person who, since July 1, 1944, has been or is determined to be a mentally disordered sex offender or any person who has been found guilty in the guilt phase of a trial for an offense for which registration is required but who has been found not guilty by reason of insanity in the sanity phase of the trial;(4) any person who, since July 1, 1944, has been, or is convicted in any other court, including any state, federal, or military court, of any offense that, if committed or attempted in California, would have been punishable as one or more of the offenses described in (1) above, or any person ordered by any other court, including any state, federal, or military court, to register as a sex offender for any offense, if the court found at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification; or(5) any person ordered by any court to register for any offense not included in (1) through (4) above, if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification.

This article is free for republishing Darren Kavinoky is a Los Angeles-based criminal defense lawyer who practices throughout California. He is the Managing Shareholder of The Kavinoky Law Firm, an 11-lawyer criminal defense firm that handles criminal defense matters exclusively. Darren has provided legal commentary on Larry King Live, the Today Show, Celebrity Justice and many other TV and radio programs. He is a nationally-renowned lecturer and author who delights in sharing his experience with others. More information about Darren and The Kavinoky Law Firm can be found at http://www.nocuffs.com or www.NoCuffs.com.

Legal Blog news and articles from the Goinglegal Team

Wednesday, June 28, 2006

Article site

Monday, June 26, 2006

Cateogory ideas

Sunday, June 25, 2006

Legal Articles on Article Alley

Sunday, June 18, 2006

Link site

Legal articles sources

Misdemeanor Case

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