Law Offices of Jacob Emrani Questions and Answers

Workers Compensation-Repetitive Motion Strains

2011-11-29T16:16:00.001-08:00

When we think about what kind of injury would lead to us picking up the phone and dialing the number of a competent workers compensation attorney, the first thing that often comes to mind is personal injuries that are the result of a sudden accident, like falling off a ladder or having a horrible accident with some type of machinery. We rarely think about the effects our work has on our body over time—and in many ways, men and women who choose careers that are hard on their bodies take it as a given that their body will suffer wear and tear and begin to break down in certain places.

The truth is, however, that repetitive motion strains are not something you should simply have endure at your own expense, and they should not be a given in any industry.

There are 3 types of repetitive motion strains that we find a lot in different work environments. They are carpal tunnel syndrome (probably the most well known), tendonitis, and bursitis.

1. Carpal Tunnel Syndrome

This type of repetitive motion injury occurs specifically in the wrist, and it happens when the wrist becomes swollen and begins to put unnatural pressure on a nerve. It may be severe enough to not only affect the wrist but to also cause pain and weakness in the upper arm and shoulder, especially late at night. This type of injury can cause problems for weeks or months, but in some cases it leads to a lifetime of suffering.

Over the lifetime of a sufferer, carpal tunnel syndrome can become very expensive, requiring lots of time off work and high medical costs. That said, while the condition is often found in industrial workers of a wide variety, there are also many victims who are genetically disposed to the condition and it may not be work-related. It's a debate that rages on around the world.

2. Tendonitis

This injury is characterized by an inflammation of the tendon and is generally caused by a repetitive movement that is unnatural or simply carried out to the point of being extreme. This can be from cutting vegetables over a long period of time with a knife that isn't sharp enough, writing for days and days on end, or sports activities.

In most cases, tendonitis is a temporary affliction—unless it is caused by some other underlying problem, in which case, it may return often. Typically, some time off to heal as well as taking anti-inflammatory medication and applying ice will alleviate the problem, but that still could mean time off work and significant financial loss.

3. Bursitis

A strain that occurs in your joints, bursitis is the result of small sacs of synovial fluid, which allow muscles and tendons in your joints to slide across bone in a frictionless manner, become inflamed. It typically happens in the elbows and knees as the result of repetitive action, but it can also be caused by a sudden physical trauma.

If any of these injuries are giving you problems, it can really take a toll not only on your body but on your wallet. And in some cases, when the repetitive motion injuries are the result of poor working conditions or unlawful demands on employees, such as not being given enough breaks on the job, than the case may become even more serious, becoming a criminal offense on behalf of the employer.

Don't dismiss aches and pains as a given with your work, and if you have developed one of these types of injuries or conditions as a result of your labor, call The Law offices of Jacob Emrani for a free consultation.

Common Types of Criminal Law

2011-11-28T11:29:00.001-08:00

When a person commits acriminal act, that person can be prosecuted by the criminal justice system. Itis the job of a court-appointed public defender or a qualified criminal defenseattorney to research the situation, sift through the evidence and devise a casethat places reasonable doubt in the minds of the judge and/or jury regardingthe innocence of the accused. In the United States criminal justicesystem, all accused parties are considered innocent until proven guilty beyondreasonable doubt.

Criminal Law Infractions

The term “criminallaw” encompasses a broad range of infractions, so criminal defense attorneysmust be prepared to tackle a variety of challenging and complicated cases.Crimes tend to fall into several categories:

• Sexual

• Violent

• Drug and alcohol

• White Collar

• General

Criminal defense attorneys handle cases involving:

• Murder ormanslaughter

• Kidnapping

• Hate crimes

• Robbery

• Child abuse,molestation or pornography

• Arson

• Theft

• Rape or sexualassault

• Domestic violence

• Prostitution orexploitation

• Lewd conduct

• Car jacking

• Driving under theinfluence or while intoxicated

• Drug relatedcrimes, including possession, sale, growth, etc.

• Terrorist threatsor acts

• Hit and run

• Arms trafficking

• Aiding orabetting in a crime

• Stalking

• Extortion

• Fraud

• Bribery

• Larceny

• Embezzlement

• Racketeering

• Price fixing

• Violations ofsecurities and commodities law

• Obstruction ofjustice

• Environmentalcrimes

• Money laundering

Misdemeanors vs. Felonies

Some criminal casesare minor and can be classified as misdemeanors while those of a more seriousnature are classified as felonies. The difference between these twodistinctions is typically the type of punishment that is assigned. Feloniestypically carry a stern punishment, such as:

• 10-20 years ofimprisonment

• Life imprisonment

• Death sentence

Criminals chargedwith misdemeanors usually receive a lighter sentence, such as:

• One year or lessof jail time

• Community service

• House arrest

• Probation

• Fines

Within theclassifications of felonies and misdemeanors, a crime can also be categorizedby severity: Class A, Class B, Class C, Class D or Class E. A Class A crime isthe most severe and carries the harshest punishment while a Class E crime isthe least serious.

Importance of Criminal Attorneys

Individuals whohave been accused of a criminal act need the support of an experienced criminaldefense attorney to get them the best possible outcome in a criminal case. Acriminal attorney can:

• Protect yourrights during law enforcement questioning

• Involve expertwitnesses to strengthen your case

• Examine physicalevidence

• Identify legalloopholes

• Negotiate pleabargains

• File theappropriate paperwork

• Handle appeals

If you or a lovedone has been accused of a serious or minor crime please contact The Law Officesof Jacob Emrani for a free consultation.

Thanksgiving Travel Safety Tips

2011-11-23T11:42:00.001-08:00

The Thanksgiving weekend signals the start of the 2011 holiday season and a flood of drivers heading down the Interstate for a family turkey feast. While it’s not the busiest travel time of the year (5 to 10 days in summer get that honor), it can be one of the most dangerous. The National Safety Commission reports that there are nearly 400 automobile fatalities and thousands of injuries nationwide each year during the long Thanksgiving weekend. Distraction, alcohol, inclement weather, icy roads and heavy traffic all combine to create hazardous conditions.

Here are some Thanksgiving driving tips that may help you prevent an accident:

Plan your route and an alternate. Even with GPS systems, it’s easy to get lost and confused if you’re driving in unfamiliar territory. Set up NAVTEQ’s www.traffic.com ahead of time so you can check real-time traffic conditions in route.
Designate a navigator. Heavy traffic or poor weather conditions are no time to be fumbling with a cell phone.
Gas up the car, check fluid levels, tire inflation and window cleaner reservoirs the day before you travel.
Get a good night’s sleep before you travel. If you’re feeling drowsy on a long haul, pull over and take a 20-minute nap.
Schedule regular stops every couple of hours. Get out of the car and stretch your legs for a few minutes before continuing.
Allow an extra hour or two of travel time to compensate for traffic and weather delays. Nobody will complain if you arrive early. They’ll probably just hand you a potato peeler and put you to work.
If you don’t have a DVD player in your car, rent one for the kids (with headphones, unless you want to hear the ABCD song played over and over and over.) Pack in snacks, too. Spoiled appetites are preferable to whiny, hungry children.
Don’t slack off on safety rules. Young kids need to be in properly installed car seats and everyone has to wear a seat belt.
Drive with your lights, even in daytime. It increases your visibility and in some states, like California, it’s the law during bad weather conditions.
If possible, plan your trip to leave on the Tuesday before Thanksgiving and return on the Saturday or Monday after. You’ll miss the heavy traffic on Wednesday, Thursday, Friday and Sunday.
Number 1 Thanksgiving safe driving tip: Please don’t drink and drive.

If you need are involved in an accident and need assistance in handling your claim or in claiming your rights, call The Law Offices of Jacob Emrani for a free consultation. His expert team is standing by to assist you.

Black Friday: Prevention Tips

2011-11-22T11:10:00.001-08:00

This holiday season, stayingsafe through the shopping rush is a concern for many shoppers, especially sinceregulators are warning top retailers to take extra safety precautions duringBlack Friday, the nation’s busiest shopping day.

According to MSNBC, TheOccupational Safety and Health Administration has issued a “strongly worded”letter to famous retailers such as Macy’s, Wal-Mart, Target, JC Penney, andothers, advising merchants to take precautions against potential shoppingstampedes that can expose shoppers and retail workers to personal injury.

David Michaels, assistantsecretary of labor for OSHA, warns retailers to begin preparing for its largestwave of holiday shoppers well ahead of doors opening for Black Friday. “I amwriting this letter to emphasize how critical it is to consider the safety ofemployees and customers during the upcoming holiday retail season.” Michaelssaid.

OSHA has shown it will issuefines when crowd control problems impact workers. Not only that — OSHA willalso spend lots of money to uphold the fines.

This all goes back to 2008when a worker at Wal-Mart’s Valley Stream, NY, store wastrampled and killed by a crowd of shoppers waiting to enter for Black Fridaysales.

OSHA fined Wal-Mart $7,000under the general duty clause because there are no occupational safetyregulations on crowd control. Wal-Martappealed, trying to get the fine thrown out. It spent $2 million fighting the$7,000 fine according to The New York Times. It’s also estimated that OSHA spent almost $600,000defending itself.

Here are some tips for theBlack Friday shoppers:

Research before you shop – If you find a great coupon, be sure to print it and bring it to the store with you.
Check out Business Reviews at www.bbb.org to make sure you are dealing with a reputable business that will guarantee the sale prices they claim to have.
Know Store Policies – Knowing the store policies on returns can help you determine where to buy. Many retailers may include restocking fees and shorter return deadlines.
Ask for Gift Receipts – Gift receipts generally include a description of the item purchased but do not disclose the price paid. Without proof-of-purchase, the recipient may be turned down for returning or exchanging the item or risk receiving an exchange for the current selling price of the item.

Ifyou’ve been injured in a slip-and-fall accident, personal injury, or othercatastrophic event, contact TheLaw offices of Jacob Emrani today for a free consultation.

Green Cards - 11 Ways To Get One!

2011-11-17T10:40:00.001-08:00

The Green Card, also known as Permanent Residence, is an identification card attesting to the permanent resident status of an alien in the United States. There are several ways to become a green card holder that vary by category and also depend if you're currently living or not in the United States.

You could get your Green Card or Permanent Resident Card within six months and once you become a Green card holder you can get acces to a Social Security Card and Work Permit within 2 to 3 months.

1. Family Based Immigration

Relatives of U.S. Citizens

· Spouse

· Unmarriedchild (under the age of 21)

· Unmarriedstepchild (under the age of 21)

· Adoptedchild (under the age of 18) or

· Parentor stepparent

· Unmarriedson or daughter (over the age 21)

· Marriedson or daughter (any age)

· Brotheror Sister

Relatives of Green Card holders

· Spouse

· Unmarriedchild (under the age of 21)

· Unmarriedstepchild (under the age of 21)

· Adoptedchild (under the age of 18) or

· Unmarried son or daughter (over the age of 21)

2. Employment Based Immigration

Employment First Preference

· Personswith extraordinary ability

· Outstandingprofessors and researchers

· Managersand executives in multinational companies

Employment Second Preference

· Professionalswith advanced degrees

· Personswith exceptional ability

· Exceptionalprofessors and researchers

Employment Second Preference with National Interest Waiver (NIW)

· Personswith exceptional ability involved in activities that will substantially benefitthe U.S.national interest

· Advanceddegree professionals involved in activities that will substantially benefit the

U.S.

national interest

Employment Third Preference

· Professionalswith a U.S.bachelor's or foreign equivalent degree

· Skilledworkers

· Unskilledworkers

Schedule A

· Registerednurses and physical therapists

· Personsqualified to work in one of the shortage occupations on the Schedule A List

3. Green Card Lottery

· Winnersof the Green Card Lottery conducted by the U.S. Department of State.

4. Investors

· Foreignentrepreneurs who invest $500,000 in a commercial enterprise in a targetedemployment area that will benefit the U.S.economy and create at least
5 full-time U.S.jobs.

· Foreignentrepreneurs who invest $1,000,000 in a commercial enterprise that willbenefit the U.S. economy andcreate at least 10 full-time U.S.jobs

5. Adoption

· Childrenunder sixteen years of age adopted by U.S. citizens or green cardholders.

6. Registry

· ForeignNationals who have resided continuously in the

U.S.

since January 1, 1972.

7. Private Bill

· Foreignnationals that Congress (House of Representatives or Senate) believes havecompelling humanitarian factors to stay permanently in the

U.S.

and for whom the USCIS cannotgrant permanent resident status.

8. Diplomats

· High-leveldiplomats on A-1 visa who are unable or unwilling to return to their homecountry because of persecution or a well-founded fear of persecution.

9. Asylum

· Foreignnationals in the U.S. who are unable or unwilling to return to their homecountry because of persecution or a well-founded fear of persecution on accountof race, religion, nationality, or membership in a particular social orpolitical group.

10.Refugee

· Foreignnationals displaced by war, famine, and civil and political unrest or, unableor unwilling to return to their home country because of persecution or awell-founded fear of persecution.

· Foreignnationals in their home country who have experienced persecution in the past orhave a well-founded fear of persecution in the future.

11.Special Immigrants

· ReligiousWorkers

· Formeremployees of U.S. Government

· Formeremployees of the Panama Canal Zone

· Formeremployees of U.S. Armed Forces

· Retiredemployees of International Organizations

· Formeremployees of the U.S.consulate in Hong Kong

· Employeesof International Broadcasting Companies

· Specialagricultural workers

· Foreignmedical graduates

· Abusedspouses and children of U.S.Citizens or Green
Card holders

· PermanentResidents who departed the U.S.for more
than 12 months

· Foreignchildren declared dependent in U.S.
juvenile courts

Unpaid Overtime

2011-11-04T11:16:00.000-07:00

Federal laws in the

U.S.

normally require thatemployees work more than forty hours per week to receive an overtime pay.The overtime is considered at the usual hourly rate of pay plus an additional50% of that normal rate. If you are paid weekly, bi-weekly or a monthly salary,it does not mean that you are not allowed to have overtime pay. If you do notwant to be allowed for overtime, you must be in an exempt classification, whichare: executive, organizational or specialized employees. Additionally, you haveto pass an exam consisting of two parts: income basis information and a dutiestest.

The requirements you need to be an executive employee are: youmust be customarily and frequently directing the job of two or more other fulltime workers. You must have the power to employ and fire, have management asyour main responsibility, and not spend more than 20% in activities that arenot directly involved with the main job. To be excused as an administrativeemployee you must cover as administrative tasks as your main duty, customarilyand habitually exercise discretion and independent judgment and also not spendmore than 20% of the work time in activities that not directly involved withthe main job.

Finally, to beexempt as a professional employee you must have as your main obligation, a jobthat requires education, originality and creativity in a known field orteaching. If you or some one you know is payable unpaid overtime, you qualifyfor damages or compensations. Contact The Law Offices of Jacob Emrani and askfor more information about your case.

Rear-End Car Accidents

2011-11-02T14:04:00.000-07:00

Rear-end car accidents are an all-too-common occurrence. At one point or another, most drivers have been at least tapped by a person behind them; and in the era of cell phones, text messaging, iPods and “road rage,” many drivers have had the distinct displeasure of dealing with a serious rear-end collision. While there are some exceptions and variations based on differences in state law, as a general proposition, the driver of the rear-ending car is normally at fault for rear-end collisions. This means that the driver of the rear-ending car will likely be liable for the damage caused in the collision.

The No-Fault State Exception

The first, and perhaps most important, exception to the general rule of rear-end accidents is the no-faultstate exception. There are 12 no-fault states across the country. In a no-fault state drivers are required by law to carry their own auto insurance. The intent is that drivers will collect compensation for their injuries from their own insurance company rather than clogging up the courts with lawsuits. In some no-fault states—for example, Michigan—injured drivers may still sue an at-fault driver for pain and suffering but only if the injuries sustained reach a certain threshold. If a rear-end collision occurs in a no-fault state, an apportionment of fault is irrelevant unless the injuries sustained are permanent and severe.

The Multi-Car Collision Rule

Another exception to the general rule of rear-end collisions is the multi-car accident rule. Normally, rear-end collisions occur because the rear vehicle is following the lead car too closely. However, in multi-car accidents, the rear vehicle is often pushed into the lead vehicle by a third car. An excellent example of this type of scenario is when two cars are stopped at a red light and a third car, approaching the light, fails to stop. The third car rear-ends the second car and the second car is pushed into the rear of the first car. Obviously, the second car was doing nothing wrong—it was stopped at a red light. So with regard to the damages to the first car, the general rule does not apply; in fact, the car that failed to stop at the light is at fault for all of the damages.

Determination of Fault - Fault States vs. No-Fault States

A determination of fault, in any type of accident, is often very important to an injured party. In what are known as fault states, an injured party will sue the driver they believe is at fault for the accident. Either the driver or the driver’s insurance company could be responsible for damages to the injured party’s car, as well as medical expenses and monetary pain and suffering damages. In rear-end situations, a lawsuit may not even be necessary since it is presumed that the rear-ending driver is at fault. An injured party can attempt to deal directly with the at-fault driver’s insurance company in an attempt to receive compensation for their injuries.

Unless a rear-end accident occurs in one of the twelve no-fault states, the presumption in the vast majority of rear-end collisions is that the rear-ending driver is at fault for the accident. Unless the rear-ending driver can prove that there were extenuating circumstances—such as being pushed by another car—it is likely that the rear-ending driver will be liable for the injured party’s injuries. As always, it is prudent to contact a local attorney when faced with the prospect of bringing or defending a lawsuit.

If you have any questions or need assistance with a claim, contact the Law Offices of Jacob Emrani for a free consultation or a free second opinion on your case.

United States Citizenship and Naturalization

2011-11-01T10:45:00.000-07:00

America values the contributions of immigrants who continue to enrich this country and preserve its legacy as a land of freedom and opportunity.

Deciding to become a U.S. citizen is one of the most important decisions in an individual’s life. If you decide to apply to become a U.S. citizen, you will be showing your commitment to the United States and your loyalty to its Constitution. In return, you are rewarded with all the rights and privileges that are part of U.S. citizenship.

You may become a U.S. citizen either at birth or after birth. Individuals who are born in the United States and subject to the jurisdiction of the United States and individuals born in certain territories or outlying possessions of the United States are citizens at birth. Also, individuals born outside the United States may be citizens at birth if their parent or parents were citizens at the time of birth and other requirements are met.

Additionally, you may become a U.S. citizen after birth either through your parents, known as “derived” or “acquired” citizenship, or by applying for naturalization on your own.

There are several ways in which a foreign national can claim or make an application for US citizenship….

Application for US Citizenship

Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). You May Qualify for Naturalization if:

- You have been a permanent resident for at least 5 years and meet all other eligibility requirements, please visit the General Path to Citizenship USCIS page for more information.
- You have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen, please visit the For Spouses of U.S. Citizens USCIS page for more information.
- You have qualifying service in the U.S. armed forces and meet all other eligibility requirements. Visit the Military section of USCIS’s website.
- Your child may qualify for naturalization if you are a U.S. citizen, the child was born outside the U.S., the child is currently residing outside the U.S., and all other eligibility requirements are met.

In addition, you will have to demonstrate that you have been a person of Good Moral Character as well as meet the physical US residency requirements. During the interview process, you will need to successfully pass the naturalization test. For more information, please contact us today for a consultation.

Military Personnel

If you are currently on Active Duty within any of the branches of US Armed Forces, you and/or your spouse may qualify for expedited processing of your application for US Citizenship. You may also be interviewed and naturalized overseas at certain U.S. Embassies, Consulates, and military installations and you may request overseas processing at any time in the naturalization process. At The Law Office of Ruby L. Powers we proudly serve those who serve us, and it would be our privilege to help you with this process.

Acquired US Citizenship/Derivative/Automatic US Citizenship

If you were born outside the United States to a U.S. citizen parent or parents, you may be a U.S. citizen depending on the year you were born, your actual legal status, your parent’s previous residency in the United States and other requirements.

Acquisition of Relinquished/Abandoned US Citizenship

Whether voluntarily or involuntarily, certain US citizens may relinquish or abandon their US citizenship. You may automatically lose your US citizenship if you:

- Formally renounce your citizenship (by following established procedures)
- Become a naturalized citizen in another country after you turn 18 years old
- Take some jobs with a foreign government after you turn 18
- Serve in the armed forces of a foreign country, under certain circumstances
- Commit treason against the US

If you or anyone you know needs assistance in filing for citizenship, contact The Law Offices of Jacob Emrani for a free consultation.

Expungement of Criminal Records

2011-10-26T09:33:00.000-07:00

A criminal record can create difficult downstream consequences whether you (or your child) was arrested or convicted (or both). For example, employers and landlords commonly ask job applicants and apartment seekers whether they have ever been convicted of (or perhaps even arrested for) a criminal offense. Employers might not hire -- and landlords might not rent to -- people who answer "yes" to these questions. The good news is that, in some cases, you may be able to get an arrest or conviction expunged from your record. Read on to learn more about the expungement process.

What Is Expungement?

Expungement refers to the process of sealing arrest and conviction records. Virtually every state has enacted laws that allow people to expunge arrests and convictions from their records. Though the details can vary from one state to the next, most states' laws provide that once an arrest or conviction has been expunged, it need not be disclosed, including to potential employers or landlords. For example, assume that Joe was convicted of petty theft and later had the conviction expunged. This was Joe's only brush with the criminal justice system. If Joe applies for a job and the application asks, "Have you ever been convicted of a criminal offense?" Joe can honestly answer, "No."

Eligibility for Expungement

Since an expungement can offer a fresh start of sorts, one of the most important actions that people who have been arrested or convicted can take is to investigate their jurisdiction's expungement procedures. Start by checking with your county's criminal court, or even the law enforcement agency that handled your arrest. Specifically, ask the following questions about eligibility for expungement and the procedure that's involved:

Is a particular offense eligible for expungement? For example, a jurisdiction may allow expungement only for arrests and misdemeanor convictions and not allow felony convictions to be expunged.
When is a person eligible for an expungement? For example, expungement may be available only after people have finished serving their sentences, including any term of probation. (But, if there's a good reason, a judge may shorten a period of probation in order to allow expungement to take place earlier.)
What does the expungement process involve? Expungement doesn't necessarily require hiring an attorney. Many courts have forms available, with titles along the lines of "Motion for Expungement."
What are the consequences of expungement? Even if a conviction has been expunged, could it still show up in some circumstances? For example, police departments and some licensing boards may be able to find out about job applicants' expunged records.

Getting a "Certificate of Actual Innocence"

A Certificate of Actual Innocence is perhaps the most powerful form of expungement. This certificate does more than seal a prior record, it proves that a record should never have existed at all. Let's say that Joe is arrested for vandalism for spraying buildings with graffiti, but the charges are later dropped. Or perhaps Joe is charged with vandalism, and he goes to trial and is found not guilty. In either situation, Joe might seek to obtain a certificate establishing that he was factually innocent of the offense.

Drug Crimes and Juvenile Offenses

In many jurisdictions, people who have been arrested or convicted for drug crimes and juvenile offenders may have an easier path to expungement.

Drug offenses. Many people arrested for drug offenses are eligible for diversion programs. These programs typically provide for the expungement of records following the satisfactory completion of a program.

Juvenile offenses. People who were arrested or convicted as juvenile offenders may have an easier time getting their criminal records expunged or sealed. Usually this is an option once the person reaches the age of 18, and they've otherwise stayed out of trouble with the law.

If you or any of your loved ones needs assistance with clearing a criminal record contact The Law Offices of Jacob Emrani for a free consultation.

Loss Of Consortium Claim

2011-10-19T17:23:00.000-07:00

There used to be some hesitation in the past few decades forthe spouses of people injured in automobile collisions or other types ofaccidents to pursue loss of consortium claims as part of the larger personalinjury claim. This hesitation or fear was due to, for lack of a betterexplanation, shyness; a fear that the claimant or Plaintiff would need todiscuss the most intimate details of their sex life in open court before acrowd of ogling strangers. Gradually, though, juries and the system in generalhave realized and recognized that these consortium claims involve more thanjust the affect that the accident and personal injury have on the Plaintiff'sability to engage in sexual relations with their spouse.

Nowadays, there is prevailing sympathy for those plaintiffs who are able toconvincingly show that the relationship with their significant other wasstrained because of a personal injury sustained in an accident. Though there isno magic value calculator, financial compensation is deserved and awarded inmany cases. Loss of consortium claims can involve:

• Loss of companionship

• Loss of affection

• Loss of emotional support

• The claimant's inability to perform household responsibilities

• The claimant's ability to help care for, provide for and discipline thechildren in the household.

• The claimant's inability to participate in any other daily activities thatwere an important of the relationship.

The plaintiff and their significant other's claim for loss of consortium mustbe supported by their credible testimony. The Plaintiff and their spouse willneed to credibly testify as to how each of the above facets of theirrelationship was affected. It is important, however, for them to be able togive specific examples of how the relationship with their loved one has beenstrained; vague generalities will only make them look like they are fishingaround to pad the personal injury claim. Usually the chance of succeeding in aconsortium claim becomes stronger with the severity of the personal injurysuffered. Traditionally, these consortium claims are considered only in casesinvolving a married couple of a man and woman, but as we become a moreaccepting society, unmarried and non-traditional couples may be considered.

If you have a valid loss of consortium claim, even if you are questioned aboutthe more intimate details of your relationship, don't let that intimidate andprevent you from pursuing the compensation that you deserve. Call The Law Offices Of Jacob Emrani for a free consultation today.

The Myths of Bankruptcy

2011-10-18T10:25:00.000-07:00

Like most formidable situations, bankruptcy has earned its reputation based on very few truthful facts and too many false embellishments. Most of the misconceptions of the public might be a result of the current bankruptcy laws that went into effect in 2005. But have no fear, once you know the facts, filing for bankruptcy is not nearly as terrifying as it first appears. Here are some of the most common myths about bankruptcy and what you need to know before you clean your slate.

Myth #1: It is difficult to file for bankruptcy.

False. The new bankruptcy laws have drastically reduced the time it takes to be discharged from bankruptcy down to an average of nine months. In today’s economic landscape, it is understandable that individuals need to file for bankruptcy in order to start over. A qualified, experienced bankruptcy lawyer can make the process as simple and painless as possible.

Myth #2: You will lose everything you own.

This one of the biggest misnomers deterring people from filing. Bankruptcy laws do vary from state to state, but every state has exemptions that can protect certain assets, such as your house, car, qualified retirement plans, household goods and necessary clothing.

Myth #3: You will never get credit again.

Quite the opposite, actually. Before you even get home from the courthouse, your mailbox could be rich with credit cards offers again. The catch is that they will be from subprime lenders charging very high interest rates. In fact, if you have a credit card with no balance at the time you file, you may not have to include it in your list of creditors, since you don’t owe them money. You may even be able to keep the card after the bankruptcy is finished.

Myth #4: If you are married, both spouses have to file.

This one is tricky, but not entirely true. It is very uncommon for one spouse to have a significant amount of debt in their name only. If there are debts that a married couple wants to get discharged in which they are both liable for, they will need to file together. If only one spouse files for bankruptcy, the creditors usually demand the entire payment from the spouse who didn’t file.

Myth #5: You can only file for bankruptcy once.

You can actually file for bankruptcy more than once, but the new bankruptcy laws extended the amount of time in between filings. Chapter 7 Bankruptcy can be filed for once every eight years and a Chapter 13 filing once every two years. If you want to file for both on separate occasions, there is a four year wait in between the two filings.

Myth #6: Everyone will know you filed for bankruptcy.

Unless you are a very prominent person or a major corporation and the media gets word, the only people that will know about your filing are your creditors. These days, the amount of people filing is so immense that very few publications have the time, space or inclination to run anyone’s name.

If you are thinking about filing for bankruptcy, contact The Law Offices of Jacob Emrani for a free consultation.

How To Avoid The "DUI While Parked" Situation?

2011-10-13T18:00:00.000-07:00

Many people are unaware that you can be given a ticket for DUI even when you are not operating your vehicle. Drinking or doing drugs and then getting into the driver’s seat of a vehicle to rest or take a nap can lead an officer to believe that you are planning to drive while under the influence. You may not have intended to operate the vehicle, but the officer might give you the ticket and/or arrest you anyway.

Defending a Parked DUI Charge

Defending yourself against charges of DUI while in a parked car can be very complicated. It must be proven that you were not planning to operate the vehicle while under the influence. Some of the circumstances that may help your case are if:

The seat was reclined (intent to sleep)
The vehicle lights were not on
The car was still in park (not drive or reverse)
No keys were located in the ignition
Individual not in driver’s seat of car

Ways to Avoid DUI Charges

Knowing how to avoid DUI charges while in a parked car can be very helpful in keeping yourself out of a potentially harmful situation. Some basic guidelines can be followed to help avoid any mistaken DUI tickets being given:

Make sure you have a designated driver who will not be impaired
Do not get into the front seat of a vehicle while under the influence
Use the passenger side or back seats of the car to rest while impaired
Do not use or place keys into the ignition of a vehicle, if you are impaired while inside the vehicle

If you have been issued a ticket or have been falsely charged with a DUI while you were sitting in your parked car, then it is imperative that an attorney that specializes with this sort of case is contacted. Call us today for a free consultation.

Pregnant Workers Report Discrimination

2011-10-12T12:36:00.000-07:00

USA TODAY

The number of women claimingthey've been discriminated against on the job because they're pregnant issoaring even as the birth rate declines.

Pregnancydiscrimination complaints filed with the federal Equal Employment Opportunity Commission(EEOC) jumped 39% from fiscal year 1992 to 2003, according to a recent analysisof government data by the Washington-based National Partnership for Women &Families. During that same time, the nation's birthrate dropped 9%.

Thesurge in pregnancy complaints makes it one of the fastest-growing types ofemployment discrimination charges filed with the EEOC — outpacing the rise insexual harassment and sex discrimination claims. The charges are coming from arange of women, from those in entry-level jobs as well as those in executivesuites. Well-known employers that have faced pregnancy-discrimination lawsuitsinclude Wal-Mart, Hooters and Cincinnati Bell.

In manycases, employers are simply making honest mistakes as they try to understand avariety of federal and state laws governing issues such as pregnancydiscrimination and family leave. And they say it's easy to overlook the veryreal costs of pregnancy to small employers, who may see productivity suffersignificantly when women take time off after having a baby.

Butpregnant women claim they've been unfairly fired, denied promotions and in somecases urged to terminate pregnancies in order to keep their jobs.

Therise in pregnancy discrimination cases is important now because more women ofchild-bearing age are in the labor force: Women make up about 47% of the totallabor force, and they're projected to account for more than half of theincrease in total labor force growth from 2002 until 2012, according to theDepartment of Labor.

Moreworking women are having children at a later age, when careers are betterestablished and more is financially at stake. In 2000, the average Americanwoman having her first child was almost 25 years old. In 1970, the average agewas 21.4 years for a first birth, according to a 2002 report from the Centersfor Disease Control and Prevention.

Pregnancydiscrimination cases also are costing companies more money. In fiscal year2003, the EEOC and state and local agencies collected $12.4 million fromcharges of pregnancy discrimination (that amount excludes any awards obtainedthrough lawsuits), vs. $3.7 million collected in 1992. Money may also come fromother sources, such as conciliation agreements with employers and benefitsobtained through mediation. The length of time it takes a case to come to trialor settle can vary. Some cases are resolved within a year; some may drag on inthe courts for a number of years.

If youor any of your loved ones feel discriminated at work and need assistance inclaiming your rights, call The Law Offices of Jacob Emrani. Our team of expertsis standing by to help you.

Racism: Did It Really Disappear?

2011-10-10T09:56:00.000-07:00

Do you remember when you were at school and in the classes of history you had to study a lot about the civil war caused by racism and slavery? Do you also remember when you studied the story of a worthy man called Martin Luther King? Maybe, at this moment you are laughing while you remember all this, but stop laughing for a minute and think if racism really disappeared. Sadly, racism is still a problem in society even when people say that it is not true.

Racism is referred to beliefs, practices and organizations which discriminate people based on their race or color; it is a subjugation system. It is defined also as the idea that persons of different ethnic groups have different values, and that due to it, there is a “hierarchical scale”. Racism is a word generally used by the dominant group of a society.

Most of the problems circumscribed to racism are due to the fact that a big part of the society deals with xenophobia, defined as fear to the foreign people. This is the origin of racism. People who are part of a different race (black people, Chinese people or others) that is not the dominant group are the ones that suffer due to the racism. Sometimes they suffer because nobody wants to give them a job just because their difference in color, language or religion.

Racism is a crime; if you or someone that you know has suffered due to the racism of other persons, contact The Law Offices of Jacob Emrani ans ask about the possibilities to claim against this situation.

The Role Of Workers Compensation Attorneys

2011-10-07T12:29:00.000-07:00

Life is unpredictable and misfortunes may take place at any given time. Workers have a high likelihood of getting injured while undertaking their work duties. State laws require employers to bear the burden of compensating employee injuries.

Employees help the business they are working in to thrive; if not for them companies and businesses as we know them would not exist. Employees are compensated for their services through salaries and other benefits. Factory workers are at risk of getting injured while they operate various factory machines. The likelihood of injuries in the workplace is endless. It is important for employees to understand what remedies the law accords to them in the event of an injury while at work.

Steps taken after an injury occurs

Following an injury at work the employee affected seeks medical attention. The employee is expected to notify their employer about the injury as early as possible. A written notification goes a long way when it comes to making claims; the notice of injury should be presented to the employer in writing. While the injured party is recuperating they can initiate contact with a workers compensation attorney. The attorney assesses the case and appropriately advices the client on whether there is a viable claim to be made or not. The claim is viable if made within thirty days following the occurrence of the injury. Claims can be made six months following the termination of the injured party or within 2 years in relation to the severity and nature of the injury the employee sustains. A claim may be filed after 2 years expire in special circumstances.

What the workers compensation covers

Workers compensation is issued as a reimbursement for all the bills an employee incurs following an injury at work. Some of the injuries and conditions which are compensated include; disabilities, hearing impairments, recurring injuries, heart attacks and surgeries. Disabilities covered include; (PPD) permanent and partial disability, (TTD) temporary and total disability as well as (PTD) permanent and total disability. Employees who suffer from permanent and total disability are entitled to lifetime benefits under the compensation. Partial disability is granted to employees who are able to resume their normal work duties following an injury. Most injured parties are extended; the payment of their medical bills, rehabilitation treatments and weekly check up costs. In the unlikely event that an injured employee dies, their next of kin are entitled to survivor benefits.

The role of the attorney

The workers compensation attorney guides the injured party through the process of filing the claim. The attorney is also responsible for gathering all the necessary information to ensure that their clients receive the benefits they deserve. Some of the documents they gather include; medical records, the employee's personnel files and payroll information among other documents. The attorney carefully looks into the matter and identifies whether the injury was accidental or if the injury arose from the negligence of the employer. In such an instance a negligence law suit is brought against the employer. The attorney also negotiates with the insurance company for settlements outside court. This is in line with the injured party's wishes. Should the matter proceed to court, the attorney presents the case on behalf of their client before the court. The attorney prepares clients as well as medical exhibits to present during the hearings. The attorney lets the client know what is unfolding at every stage of the hearing and advices the client on which course of action to take. After the hearing is concludes and the employee is awarded compensation; the attorney assists the client to access compensatory payments.

If you or any of your loved ones was injured at work and needs assistance in filing a claim, contact The Law Offices of Jacob Emrani today.

When Bankrupting Is Worthwhile

2011-10-06T18:00:00.000-07:00

For many business owners bankruptcy seems scary but, sometimes, declaring bankruptcy is a worthwhile strategy. If you are considering the possibility of declaring bankrupting for your business, this article will review some key points you must know. Two of the most popular types of bankruptcy include Chapter 7 and Chapter 11.

Under a chapter 7 bankruptcy, the judge gets rid of the business debts while under a Chapter 11 bankruptcy the owner must create a plan to repay debtors. While Chapter 11 bankruptcy allows the business to continue running, bankrupting under Chapter 7 forces the closing or selling of the business.

Although these laws may seem gloomy, occasionally they are the business owner's most practical choice. A Chapter 7 bankruptcy is worthwhile when the business has no chance of making a future profit. It also makes sense if the company has no assets and the debts are insurmountable. In these cases, undergoing a bankruptcy may be the best decision the business owner can make.

Although bankruptcy is an option, it also has some negative outcomes. A business owner should always consider the legal fees associated with filing bankruptcy. They are often high for both Chapter 7 and Chapter 11. R

Recovering From Bankrupting Your Small Business

Small business owners bankrupting their companies should know that recovering from a Chapter 11 filing is possible. The goal of Chapter 11 bankruptcy is to place the company on more stable financial ground. While the courts relieve the company's debts, they also help in reorganizing it. They hope is to make it more profitable in the future. While this outcome appeals to many small business owners, they must realize that bankruptcy puts them at the mercy of the United States Trustee. The Trustee now oversees all business transactions until the company emerges from bankruptcy. For many business owners this is troubling. They have lost the freedom associated with running their own business. Business owners who are not comfortable with this degree of oversight should not seek out a Chapter 11 bankruptcy to solve their financial problems.

If you or anyone you know are in the need of filing bankruptcy please call The Law Offices of Jacob Emrani. Our expert team of legal experts is standing by to help you.

Ways To Prevent And Avoid Animal Attacks

2011-09-28T12:23:00.000-07:00

Animals, no matter how tame they are can be dangerousespecially when provoked. In fact, thousands of people have become victims ofanimal attacks every year. In the United States, there are about 4.7million of such cases annually, and most cases are attributed to dogs, snakes,and cats.

Dog bite is the most common form of animal attack. According to statistics,roughly 4.5 million Americans are bitten by dogs every year. Dog bites aresaid to be the second leading cause of injury for children. And most of thedogs that bite are chained or confined.

Animal Attack Statistics

Of the millions of cases each year, around 800, 000 people need medication forthe injuries sustained; about 333, 700 are being taken to emergency unit; 6,000 are confined in hospitals and; 12 people die from animal attacks. Usually,children, ten years old and below, are the most common victims of attacks, andthey constitute 60% of all the cases.

Indeed, the statistics is alarming. And it should be a great deal to provideknowledge and information on animal attack prevention.

How to Prevent Animal Attacks

Animal attacks can be prevented. The owners, particularly, can help lessen therisks of animal attacks. With proper obedience and training and by followingsafety precautions, such instance could be minimized.

Primarily, you should make sure that your pet is familiar with his environment.Make sure that he is exposed while he is still young. Train him and let himrecognize the things he will encounter every now and then and introduce him toyour friends, neighbors and other people.

Second, you must provide a safe surrounding for your pet. Do not put him incage more often, so as he can easily adjust to the environment. Pets that arealways on cage are terrified when they get out and it may trigger them more tobite or attack people around.

Third, you must play with your pet and let them feel they are comfortable andloved. Teaching children to respect your pets is also one way of attackprevention.

Animal Attack Threats

Injuries that may be sustained from an animal attack can be serious and lifethreatening. It may even lead to death. Rabies infection may threaten ones lifeand victims may suffer bone fractures, scratch, laceration, cuts and woundsthat may lead to lifelong suffering.

Aside from injuries, animal attacks may also result to damages and losses thatinclude medical expenses, opportunity to earn income and emotional damage.

Saving Yourself from Animal Attacks

You may never know when an animal could attack or bite you.And you would not also want it to happen. Hence, to save yourself from any formof animal attacks, you can do the following tips:

1. Do not approach unfamiliar animals even though they are tame or friendlylooking.

2. Stay calm and do not scream when an animal is approaching.

3. Pay attention to the animal’s behavior. If you see or feel that the animalshows aggressiveness, stay away from it.

4. Lost animals especially dogs, must be reported immediately so that itsowners may be contacted and be warned for any possible danger.

If you or anyone you know has been a victim of an animalattack and need assistance in claiming your rights call The Law Offices ofJacob Emrani. Our expert team is standing by to answer all of your questions.

articlesnatch.com

California DUI First Offense

2011-09-23T10:36:00.000-07:00

Within the state of California, there are around 20 million licensed drivers. Each of these drivers will have been provided with their license following the belief that they are educated in how to correctly drive an automobile and be well aware of the laws which are enforced upon all road users. However, every single year, many drivers take the chance of getting behind the wheel whilst under the influence of alcohol. According to the National Highway Traffic Safety Administration (NHTSA) 33,808 people died in traffic crashes in 2009 in the United States (latest figures available), including an estimated 10,839 people who died in alcohol-impaired driving crashes. Drunk driving fatalities accounted for 32% of all traffic deaths last year, that is, on average someone is killed in an alcohol-impaired driving crash about every 50 minutes in the U.S. (Source: NHTSA/FARS, 2010) and many others arrested on a DUI charge.

If this is the driver’s first DUI offense in California, they may not be aware of what they will be facing following their charge. Drivers who are arrested for a DUI charge will be dealt with in two different scenarios-at the DMV and in a court.

In the instance that a driver is faced with a first offense DUI in California, they must be aware that the California DMV will firstly attempt to have their license suspended as a result of their offense which is referred to as an administrative per se violation or APS. Any driver who is arrested for DUI will be given just ten days in which to request a hearing with the DMV but in the event that no hearing is requested or takes place, the DMV is then able to automatically proceed with the process of suspending the driver’s license. Should a driver be successful in obtaining an APS hearing, the chances of them being successful within this hearing can be slim.

An unsuccessful APS hearing will be dependent on whether the driver in question has any past convictions for DUI, refused to take a chemical test or were over the legal limit. During an administrative hearing, it is always advantageous for the driver in question to obtain the service of an attorney who is experienced when it comes to representing clients at a California administrative driver’s license hearing.

In the event that it is a first offense DUI charge, the pending license suspension which will be enforced by the DMV will be completely dependent on whether the person in question had agreed to take a chemical test and did or did not have a BAC of .08% or greater. A driver who has been arrested for a first offense DUI in California and agreed to take a chemical test can potentially face only a four month long suspension, with the possibility of applying for a restricted license during the suspension. The DMV will require you to file an SR22 form with them in order to obtain a restricted license or to fully reinstate your license following your suspension period.

You will be required to maintain your SR22 filing with the California DMV for a period of 3-years from the date of having your license reinstated. Any driver who has been convicted of their first DUI offense in California will also be required to enroll in alcohol awareness classes.

However, drivers facing a first time DUI offense in California who refuse to complete a chemical test will face a much harsher punishment. These drivers will be faced with a one year license suspension with no chance of obtaining a restricted license at any point during the 12 months. Once this suspension period has ended, the driver in question will be required to file an SR22 form with the DMV in order to have their license reinstated.

Following their court appearance any person found guilty of a first offense DUI in California will be required to pay a fine, which can be anywhere from $390 up to $1,000 for a first offense. It is important to be aware that in some cases, a first offense DUI may not result in minor punishments. A driver who is granted a probation period and accepts this punishment from the courts can potentially be placed in jail for up to 6 months, if they violate the terms of their parole or may not face jail at all if they stick to their probation agreement. Driver’s who are not granted a probation period following their first California DUI offense will be facing jail time anywhere from 96 hours to 6 months in jail.

DUI cases are occurring within California every single year but unfortunately in some cases, drivers are not learning from their first DUI offense and are experiencing more serious punishments. By taking your responsibility as a driver to abide by the laws which are in place within the state of California, you will not only spare yourself the issue of potentially facing your first or a subsequent DUI offense, but will also be keeping the roads safe for everyone.

If you or anyone you know has been arrested on a DUI charge and need legal assistance contact The Law Offices of Jacob Emrani today.

Post Traumatic Stress Disorders and Car Accidents

2011-09-20T09:53:00.001-07:00

Post-Traumatic Stress Disorder or PTSD is often associated with war veterans, but as a car accident lawyer, I have seen how this terrible psychological trauma can affect victims of auto accidents. Suffering from PTSD can have wide-ranging effects that can destroy relationships, job performance, and a person’s overall well being.

What is Post-Traumatic Stress Disorder?

Definition

- S: (n) posttraumatic stress disorder, PTSD (an anxiety disorder associated with serious traumatic events and characterized by such symptoms as survivor guilt, reliving the trauma in dreams, numbness and lack of involvement with reality, or recurrent thoughts and images)

PTSD goes beyond a simple anxiety disorder or panic attack – it can stick with people for their entire lives. Some of the more common effects of PTSD are symptoms such as insomnia, flashbacks, hypervigilance, nightmares, depression, and a loss of interest in everyday activities. Post Traumatic Stress Disorder varies between people who suffer from it. Sometimes the disorder can result immediately after the accident, while other times it arises weeks, months or even years afterwards. What separates PTSD from a more typical anxiety disorder is that it is persistent and significantly disrupts the life of the victim.

Causes

While a typical anxiety disorder can sometimes be caused simply by irrational fears, PTSD must be triggered by a significant level of trauma or a singular event. It takes some kind of physical or physiological trauma to lead to PTSD.

This trauma can involve:

- Death threats directed at oneself or a loved one
- War trauma
- A serious car accident
- Abuse or assault
- Rape
- Childhood Neglect
- Natural Disasters
- Death of a loved one

PTSD occurs because of the same fight or flight mechanism we have that guides many of our daily decisions. In the case of someone suffering from this disorder, however, the adrenaline and fear that are associated with this mechanism can be sparked by the mere thought of a previous traumatic experience. This moment in someone’s life can cause an overactive adrenaline response in situations that do not call for it. If this happens relatively frequently and over a long period of time, it is a clear case of PTSD.

There are a variety of treatment options for post-traumatic stress syndrome patiens, including counseling, eye movement desensitization, cognitive and behavioral therapy, and medications.

If you have been in an auto accident and are noticing potential signs of PTSD, you should contact a medical professional as soon as possible. It is also a good idea to seek compensation for these mental scars if the accident was someone else’s fault. Contact an experienced injury lawyer and schedule a free consultation to discuss your case.

Dangerous Drugs

2011-09-19T15:20:00.000-07:00

Maybe you suffered acne when you were young, or maybe not. No matter if you suffered acne or not, you know that it is awful to have acne; people who have it try almost everything to treat it. Accutane is a drug that is used to cure grave cases of acne that can not be treated with other medications; this drug is manufactured by Hoffman La Roche. It has to be taken by mouth, on a daily basis during several months. In order to see the effects its use has to stop suddenly. Accutane is also known as Isotretinoin.

This treatment is supposed to be very efficient. Allegedly, you will see the results really fast after you finish the treatment. However there have been several reports of grave side effects of the medicament; some of these side effects are grave psychiatric disorders, systemic disorder, inflammatory bowel disease, damage to the liver, kidneys, central nervous system, pancreas, gastrointestinal tract, cardiovascular system, muscle system, skeletal system and the auto immune system. Other injuries that may be caused by the drug are: depression, psychosis and strange suicide behavior.

According to a report of a local newspaper, since December of 2000 the Food and Drugs Administration (FDA) has received reports of 66 suicides and 1,373 cases of psychiatric harms between people who use Accutane.

If you or someone that you know suffers or has suffered the side effects of Accutane, contact a lawyer, expose your case and ask him/her about the possibilities to claim and be compensated in a possible court case.

Criminal Charges: How Cases Get Started

2011-09-16T10:12:00.000-07:00

How does a criminal case get started? Usually with a police arrest report. The prosecutor then decides what criminal charges to file, if any. The case can then go to a grand jury for a criminal indictment or to a preliminary hearing where a judge decides if there is enough evidence to proceed. Here's how this all works.

Arrest Reports and Criminal Charges

After an arrest, the arrest report is sent to a prosecutor, whose job it is to initiate and prosecute criminal cases. Arrest reports summarize the events leading up to arrests and provide numerous other details, such as dates, time, location, and weather conditions of the crime, and witnesses' names and addresses, if that information is available.

The prosecutor will either:

decide that the case should be charged (as a felony or a misdemeanor), and file a complaint with the trial court
decide that the case should be charged as a felony and bring evidence before citizens serving as grand jurors, who will decide what charges, if any, to file, or
decide that the matter should not be pursued.

Prosecutors can file charges on all crimes for which the police arrested a suspect. Or, they can file charges that are more or less severe than the charges leveled by the police. (To learn more about the difference between felonies and misdemeanors, see Criminal Procedure FAQ.)

Charges Must Be Filed Quickly

For suspects who are in custody, speedy trial laws typically require prosecutors to file charges, if at all, within 72 hours of arrest. Some jurisdictions require prosecutors to charge a suspect even sooner. For example, California requires that charges be filed within 48 hours.

However, prosecutors' initial charges are subject to change. For example, a prosecutor may not make a final decision on what charges to file until after a preliminary hearing, which may take place more than a month after arrest.

How a Prosecutor Decides Whether to File Charges

A prosecutor's decision to file charges may be influenced by factors beyond the specific facts of the incident described in the police report.

Policies on certain crimes. Some prosecution offices adopt policies on certain types of crimes, often in response to community pressure, and these policies may dictate the prosecutor's approach in any given case. For example, an office may decide that arrests for driving under the influence of drugs or alcohol will always be taken to trial and not "plea bargained" down to a lesser offense.

Political ambition. Prosecutors may also be influenced by their own political ambitions. Most prosecutors are elected officials, and many of them view their position as a stepping-stone to higher office. Their decisions on charges are often affected by public opinion or important support groups. For example, a prosecutor may file charges on every shoplifting case, no matter how weak, to curry favor with local store owners who want to get the word out that shoplifters will be prosecuted.

What justice requires. Finally, some decisions are influenced by the prosecutor's sense of what justice requires in the case before her. Prosecutors are supposed to both enforce the law and "do justice." Doing justice means that a prosecutor occasionally decides not to prosecute a case (or files less severe charges) because the interests of justice require it, even if the facts of the case might support a conviction. For example, if an otherwise law-abiding person makes a one-time, foolish mistake, a prosecutor may decide that it would not serve any purpose to spend time and money prosecuting this person, especially when the chances that the person will re-offend are nil.

The Role of a Grand Jury

If a felony is involved, prosecutors sometimes leave it to grand juries to decide whether charges should be filed. Grand juries are similar to regular trial juries (called "petit juries") in that they are made up of randomly selected individuals. The grand jurors listen to evidence and decide whether charges should be brought against an individual (that is, they decide whether to "indict" someone).

However, unlike petit juries, which only sit on one case, grand juries involve a time commitment that typically lasts between 6 and 18 months. The grand jurors may address many cases in the course of their service. In addition, these crucial differences exist:

Petit jurors decide whether defendants are guilty. Grand juries decide whether there is enough evidence to warrant a trial.
Grand juries meet in secret proceedings. Petit juries serve during public trials.
Grand juries have 15-23 people. By contrast, a petit jury usually consists of between 6 and 12 people.
Petit juries generally have to be unanimous to convict a defendant. Grand juries need not be unanimous to indict. In the federal system, for example, an indictment may be returned if 12 or more jurors agree to indict.

How a Grand Jury Works

When a prosecutor brings a case to a grand jury, he presents the jurors with a "bill" (the charges) and introduces evidence -- usually the minimum necessary, in the prosecutor's opinion -- to secure an indictment. The proceedings are secret; it is standard practice to call witnesses to testify against the suspect without the suspect or the suspect's lawyer present. Indicted suspects can sometimes later obtain transcripts of grand jury proceedings, however -- and this is a big reason why prosecutors like to keep the evidence to the minimum.

Although the prosecutor can also call the suspect as a witness, this is not typically done. When suspects are called, they often refuse to testify by invoking their privilege against self-incrimination under the Fifth Amendment to the U.S. Constitution. (For more on this right and other rights of the defendant during trial, see Nolo's article Defendant's Rights During a Court Trial: The Bill of Rights.)

If the grand jury decides to indict, it returns what is called a "true bill". If not, the grand jury returns a "no-bill". But even if the grand jury returns a no-bill, the prosecutor may eventually file charges against a suspect. Prosecutors can return to the same grand jury with more evidence, present the same evidence to a second grand jury, or (in jurisdictions that give prosecutors a choice) bypass the grand jury altogether and file a criminal complaint.

Preliminary Hearings

If the prosecutor decides to file a complaint rather than present the case to a grand jury, and the case is a felony, the defendant is entitled to a preliminary hearing at which the prosecutor must show that the state has enough evidence of the crime to warrant a trial.

However, if the case proceeds by grand jury indictment, no preliminary hearing need be held. For this reason, many prosecutors choose the grand jury indictment process because they don't have to reveal as much evidence before the trial.

How Insured Are You When Auto Wreck Comes?

2011-09-13T15:00:00.000-07:00

Nothing is more relieving after an auto wreck than knowing that you and your car are insured. Insurance may or may not cover all of the accident cost, but simply knowing that a huge part of it will be covered, reduces your worry. Most people who own cars secure different kinds of insurance plans so that they will have financing to fall back on when traumatic road incidents happen.

If there’s a fault involved in the auto wreck, the perpetrator’s insurance will cover for all the damages as soon as it is proven in court. Damages may be awarded for property damage and personal injury for the driver and passengers separately and in individual cases. The insurance of the perpetrator will cover for the rehabilitation of objects damaged as a result of the collision, medical expenses and lost wages.

Although the car may have suffered the worst damage in the incident, the insurance of the driver is not intended to cover for it, since the car insurance of the victim is going to cover for it. However, the victim is allowed by law to file a claim against the insurance company of the perpetrator to cover for his or her loss by sidestepping the deductibles through his or her own insurance.

Other insurances can cover for some of the major expenses incurred in the accident. If the damage is neither caused by intentional or unintentional collision but by a fortuitous event such as fire, theft, and natural disaster, comprehensive insurance can cover for the major expenses. On the victim’s behalf, an attorney can file for an insurance to cover only limited expenses as the insurance company will not like to pay more than what is said in the policy.

Medical payment coverage is a different form of insurance apparently providing for the medical expenses of the people injured including the driver, passengers, and pedestrians. An attorney can help the family of a pedestrian involved to claim for this insurance and pay for their medical bills.

10 Myths Made To Make You Fear Lawyers

2011-09-09T08:48:00.000-07:00

Just because a small portion represents huge corporate interests that are unpopular the general public has demonized them. I hope to provide you in this article some of the Myths about Lawyers that consistently get passed by word of mouth without any facts to back them up. Lawyers are one of the cornerstones of business, if we didn’t have them criminals would go free and innocents would be executed.

1. All Lawyers are Sharks – The truth is that they are in a very competitive business that requires heated debate as its hallmark. Some take this so far as to manipulate circumstances to appear as they wish or force higher settlements but that is a small group. There are thieves in America but do we assume all American's are thieves? Most lawyers are honest men and women trying to make a difference in the legal systems of their communities.

2. Lawyers are Overpaid – Often lawyers are actually far underpaid for their services. The average court case requires a lot more than what you see in the courtroom. Legal documentation can be some of the most tedious reading ever, they can take a long time to review and to make sure they missed nothing. Before ever stepping foot in the court they have to interview you, design a brief for the judge, outline their case and review all legal documentation and evidence. This amounts to hundreds of hours usually, even a burger flipper would get a few thousand dollars for that amount of time and effort.

3. Attorneys Try to Draw Out Cases – This is entirely on a person to person basis and exists in every industry, your mechanic does it, your employees do it etc. Most Attorneys have so many cases that resolving them all in a quick manner would be refreshing, often they have finished dozens of other cases before managing to put together a brief for a complicated one. The majority of the time this isn't because of malice or avarice, it is because the case is very complex and requires many legal hoops to be jumped through.

4. All Good Lawyers are Loud & Boistrous – This isn't always the case, a lot of the "magic" they perform is paperwork and hours of intense study. The news has sensationalized the image of the lawyer banging his fists and nearly committing contempt in order to achieve true justice. The true crusaders of the endless litigation battle do most of their work in the quiet of their offices. Often times they don't even get a half an hours worth of time to speak their case. Passion for justice and their client's cases is great, but it isn't always exemplified by boisterous natures.

5. Lawyers All Hate Eachother – Sometimes in the motions of a court hearing one of the lawyers gets succinctly defeated in a way that damages his reputation. This causes him to lose business and in turn revenue. This will cause animosity in any industry but it does not mean that all Lawyers burn their bridges, if that were true there would be no firms or partnerships.

Often times the nature of the legal system causes many lawyers to work together in many scenarios and then face eachother as opposition the next year. There is a certain camaraderie between Lawyers in most larger cities. They are competitors in the same way sports stars are, when the games done most hold no hard feelings over who won or lost, it’s the fans that get furious with eachother, just as clients do for Lawyers.

6. Every Attorney has About the Same Training – This is completely untrue and makes it seem as though only experience makes a lawyer competent. In reality the situation is far more complicated than it may seem, A Probate or Estate Attorney will not necessarily be a competent Defense Attorney. Also location and available resources dictate a lot of how well educated a Lawyer is when they leave law school. If they lived in an area with a large population and lots of seminars they are likely to be better trained than someone that practices in a small city. Also laws change so frequently that age may even cause an issue because they may work on the basis of old laws.

7. You Don't Need an Attorney – Wrong. The insurance industry wants us to believe that lawyers are an unnecessary bump in the legal system; they just want to keep more of your settlement money. They have entire divisions within their companies designed to cut payouts to the minimum necessary. Even outside of that some people think taking it upon themselves to run their own defense is intelligent. Do they honestly think that they know the legalities of our complicated system better than someone who deals with it on a daily basis? A lawyer is going to have resources and information that would not be easily available or apparent to the common citizen.

8. If I Already Have an Offer I Don't Want An Attorney – Some people find themselves not wanting to talk to a Lawyer once they see the sum of money they are being offered, afraid the Lawyer will take a large portion. The common fee is in excess of 1/3 after all, but with a Lawyer on your side you may find your settlement offer gets much larger. Often you will not make claims for items because you are unsure if you legally qualify, a good Personal Injury Attorney will be able to find those items you missed and most of the time makes the increased amount far greater than that of the original offer.

9. Insurance Rates Are Going Up Because of Lawsuits – This is being painted in a bad light, of course insurance rates are going up but that is not through fault of the Lawyer, it is the high profit margins the Insurance Industry demands that cause this ever increasing rate. Frivolous lawsuits are not caused by the Lawyers but by their clientele's demands and deceits. Insurance Companies will use any factor they can to increase rates justifiably and legal costs is an easy scapegoat.

10. Trial Attorneys Charge Hourly – Some Attorneys do charge an hourly rate but this is far from standard practice, there is a precedent that was made only decades after the founding of our country that made it so anyone could obtain representation by paying a percentage of their award at the end of trial. They do this at great risk, they could end up spending months fighting a case that their client lied about to them and they make no money for their hard work.

One industry or another designed these myths, they benefit from you being afraid to approach a Lawyer. These industries see huge profits from cutting legal fees out of their budgeting, if they can get you to fear a lawyer then when they tell you that they think you don't need one you will listen. The worst thing you can possibly do is decide not to seek legal representation, your opponents will not be so foolish, though many industries tell you not to get a Lawyer they will always use a Lawyer's services for themselves.

Attorneys are just normal people with a complicated profession, no different from many professions. They are providing a valuable service and I for one do not want to have to read up on all the articles of law regarding breaking my ankle on a college campus if such a situation were to happen. So don't fear them, consult them for sagely advise as you would any expert of any particular field.

Traffic Signs that Signal Stop

2011-09-08T17:10:00.000-07:00

Driving? Then you probably know the traffic signs that tell you to stop. You know they are important because those signs watch out for your safety and others’ as well. In case you have forgotten the whole thing, here are some commonly used signs on the road to indicate a stop.

An eight-sided red board where a bold STOP is written is one of the most authoritative among the signs. It commands you to stop completely and that is without the slightest movement. There might be something serious happening beyond.

Next is a square lined with red and filled with white. When you see something like this on the road, it means the instruction written or drawn inside the square is regulatory therefore you should follow.

The WRONG WAY sign is another. When you see this on the road, check what’s making the way wrong because probably you are going against the traffic. Besides, who would want to be in the wrong way? You might end up in a car accident. In this case, you should be sure you have connections with an attorney near your locality.

This one is probably obvious. When you see a red circle with a red line across, that means you should not do what is indicated under the red line. If you miss this, then you should probably go back to driving school. If you don’t have time to review different traffic signs, then you might want to seek guidance from an car accident lawyer.

You know that driving, roads, traffic, and rules come together. Signs are created for your own safety. You just have to follow them. This doesn’t mean that drivers do not follow signs but if you know that you have the tendency to ignore them, you might be better off consulting with an attorney about the possible consequences of reckless driving which includes rule-breaking. Keep in mind that this is for your protection.

Slip and Fall

2011-09-07T16:21:00.000-07:00

Slip and Fall is basically a term used for an injury which occurs when someone slips, trips or falls as a result of a dangerous or hazardous condition on someone else's property. The most common causes of such injuries include an icy sidewalk, a loose or uneven stair tread, or a piece of debris or spilled liquid on the floor.

Slip-and-falls are the second leading cause of injuries and deaths after car accidents (OSHA). A high amount of them are guests of public buildings like restaurants, hotels, motels, fitness centers and shopping centers.

Liability varies depending on the rules and principles adopted in the jurisdiction where the injury occurred. In most cases, the person involved in a slip and fall must prove that the cause of the accident was a "dangerous condition", and that the owner of the property was aware of this hazard.

Beware of the Car Crashers

2011-09-07T11:39:00.000-07:00

Accidents happen all the time whether you are at home, at the office, at the mall, or on the sidewalk. It could be a slip on the bathroom tiles, ramming your face into a glass door you did not see, or getting your shoe stuck in a motorized walkway.

There are nearly millions of accidents in America every year, particularly car accidents. Statistics show that someone is killed in the United States every ten seconds in a car accident. The usual causes of car accidents include using a cell phone or eating while driving, driving under the influence of alcohol or drugs, driver distraction, speeding, recklessness, and sloppy road maintenance.

According to National Highway Traffic Safety Administration Traffic Facts, more crashes happen on Saturdays than other days of the week. Most collisions occur between 3 and 6 pm because these are the most dangerous times to drive. The IIHS declared that an average 6.6 people are killed between the hours of 5 p.m. and 6 p.m. and another 6.6 between the hours of 6 p.m. and 7 p.m.

It becomes a legal matter when a car accident results to harm to persons or property. When a car accident occurs, it is important for someone involved in the accident to record data because this can be evidence when you call the police and have them make a report about the accident. When one has major injuries as a result of a car accident, consult with an attorney as soon as possible.

A good attorney can help an injured motorist gather key evidence and give essential advice on how to document the injuries and damages brought about by the car accident. If one is entitled to compensation from the other party for his injuries, the lawyer will send a demand letter to the person involved or to his insurance company.

If you have been involved in a car accident and have questions, call The Law Offices of Jacob Emrani. His team of experts with over 50 years of combine experience will assist you with a free consultation. Call today, the number is 877) LA-LAW-911, that is 877) 525-2991.

How to Request Permission for Re-Entry into US after Deportation?

2011-09-02T16:18:00.000-07:00

So, often the question of whether such deported persons can re-enter US arises and this question always gains popularity among the other immigration FAQ. USCIS has made some special provisions for such persons to make their way back to US. Form I-212 serves this purpose.

Purpose of the Form I-212
Under the immigration laws, if an individual has been deported, debarred, or removed at any time, in order for the alien to come back to the United States afore the end of the time that the foreigner is vital to be outside of the United States, the alien may not enter the United States without first procuring permission from the Attorney General to reapply after deportation/removal. In this situation, the alien must first file an exceptional application called an Application to Reapply for Admission after Deportation/Removal (Form I-212).

Who should file Form I-212?
If you are prohibited entering US only under INA section 212(a) (9) (A), you should file form I-212 if you are:
• An applicant for an immigrant visa;
• An applicant for adjustment of status under INA section 245 (other than as a T or U nonimmigrant seeking adjustment of status under 8 CFR 245.23 or 245.24); or
• An applicant who desires to pursue admission as a nonimmigrant at a US port of entry but who is not required to obtain a nonimmigrant visa. (If you are an applicant for a nonimmigrant visa at a US consulate, and you are required to obtain consent to reapply because of your inadmissibility, the consulate with authority over your visa application will direct you how to request permission to reapply. You may not be required to file the Form I-212 to receive consent to reapply.)

If you are inadmissible under INA section 212(a) (9) (C), you should file form I-212 if you are:
• An applicant for an immigrant visa; or
• An applicant who requests to seek admission as a nonimmigrant at a U.S. port of entry but who is not required to obtain a nonimmigrant visa. (If you are an applicant for a nonimmigrant visa at a US consulate, and you are required to get permission to reapply because of your inadmissibility, the consulate with authority over your visa application will direct you how to request consent to reapply. You may not be required to file the Form I-212 to receive consent to reapply.)

If you are inadmissible under INA section 212(a) (9) (C), you may NOT file this Form while you are in the United States. You cannot get permission to reapply unless you are seeking admission to the United States more than 10 years after your last parting from the United States.

Documents to be attached along with Form I-212
• Evidence of Citizenship.
• Any supporting documentation.
• U.S. Fingerprint card FD-258. This fingerprint card will be completed by a U.S. CBP Officer at the time of submission of your application.
• A Form G-325A completed and signed by the applicant. Please ensure that all copies of this form are legible.
• A properly executed Form G-28 must be included with the application if the alien has retained an authorized representative.
• Each application, regardless of the ground of inadmissibility, must be accompanied by a copy of an official police record or evidence that no record exists, from the applicant’s country of residence or nationality. This record is valid for 15 months.

For more information on the widow's penalty, contact the Law Offices of Jacob Emrani today. Call us at 877) LA-LAW-911, that is 877) 525-2991 for a free consultation.

Preventing Work Injuries In The Office

2011-08-31T10:22:00.000-07:00

Believe it or not, you can actually endure a work related injury just from working an office job. Over 12 million Americans complain of suffering from chronic back pain. It is absolutely vital that regardless of what type of job you work, care is taken when it comes to your body and how it actually functions. To help you, we’ve compiled a list of tips to help make your job easier and safer to perform.

Injury Prevention

• Any objects that you are using should be within your arms reach.

• Any objects that are used on a regular basis should be placed between anywhere between shoulder and knuckle height. If you are regularly reaching and lifting something that is above your shoulder’s height, it is likely that you will inevitably endure a back injury.

• If you have a job that requires you to stand for long periods of time, some type of footrest should be used with one of your feet resting higher than the other. In addition, if you are standing or walking for long periods of time, keep any hard surfaces padded or carpeted.

• Do your best to maintain the natural curve of your back since this helps to evenly distribute your weight while reducing back strain.

• When moving on from one task to another, be sure to turn with your whole body.

• When sitting, keep your knees at the same level as your hips to help relieve and or prevent any straining.

• Try to avoid sitting for any long periods of time.

• Make it a point to take a break every hour or so to take some deep breaths and stretch your muscles.

• Your chair height should be kept at a height where your feet can easily rest flatly on the floor.

• Sit with your back against your chair to avoid having to bend at the waist to work.

• Keep your computer at eye level.

• Never lock your knees, always keep them relaxed.

• Keep your weight evenly distributed on both of your legs.

• Maintain an even alignment between your upper body and your shoulders directly over your hips.

• It’s best to wear shoes that fit properly and that have some form of a crepe or rubber sole to act as a shock absorber.

• Maintain smooth strides when walking and avoid creating an unnatural stretch.

If you have suffered some form of a work related injury due to an accident on the job, it is possible that you might be entitled to more than just worker’s compensation benefits. Contact The Law Offices of Jacob Emrani. His team of professionals will fight for your rights. Call today, 877) LA-LAW-911, that is 877) 525-2991.

Immigration-The Widow's Penalty

2011-08-26T10:11:00.000-07:00

Current immigration law requires deportation of the alien spouse of a U.S. citizen if their marriage does not last past two years. This law was intended to prevent sham marriages where a non-citizen would marry a U.S. citizen to quickly gain legal residency and then just as quickly get a divorce. Now, the United States Citizenship and Immigration Service, USCIS, argues they are required to deport aliens whose spouse dies within two years of being married.

This law has become known as “the widow’s penalty” and has been the subject of numerous lawsuits against the USCIS. The argument revolves around who is an immediate relative of a deceased person.

When a non-citizen marries a citizen, the citizen spouse may “sponsor” their alien spouse for residency by filing form I-130 “Petition for Alien Relative.” Form I-130 may only be submitted by an “immediate relative” such as a spouse, parent or child. The government is now arguing that at death spouses are no longer “immediate relatives” and thus, the petition must be denied. If the application has been approved prior to the death however, the USCIS will not rescind it because of a spouse’s death.

In the one case that has been ruled on by a Circuit Court of Appeals, second highest to the Supreme Court, the San Francisco based Ninth Circuit ruled that a person does not lose “immediate relative” status with their spouse simply because their spouse dies. To take advantage of that ruling a class action lawsuit has been filed in Los Angeles to force the USCIS to cease all similar deportations.

Other cases that have been filed against the USCIS include a citizen who died in Iraq while working as a Department of Defense security contractor, and another who died while saving two boys from drowning in San Francisco and was posthumously awarded a Coast Guard heroism medal. Those two men died protecting others and now because of their sacrifice their widows are being deported, one of whom must also take her son who is a citizen. These women are now forced to resort to filing a lawsuit to stay in the country.

Because the legal issue involves the interpretation of a statute Congress can fix this mess by simply changing the statute. Unless Congress decides to change the law’s ambiguous language the issue is destined to be settled in the courts. However, because of the current political climate, changing any aspect of immigration law has proven difficult. An amendment was introduced this past Congress but failed when the overall immigration reform bill failed.

Congress has acted though to speed up the immigration process for non-citizens who are serving in the military. This shows that Congress does realize that persons who make extraordinary sacrifices deserve more support from their adoptive country. Immigration policy is now a touchy subject, but supporting the troops has always been seen as an obligation.

The Ninth Circuit ruling does not guarantee that these women will be able to stay. What it guarantees is that when processing applications the USCIS cannot unilaterally deny them because their husbands made the ultimate sacrifice, leaving them now widows.

For more information on the widow's penalty, contact the Law Offices of Jacob Emrani today. Call us at 877) LA-LAW-911, that is 877) 525-2991 for a free consultation.

Background Checks - It's Better To Be Safe Than Sorry

2011-08-25T14:10:00.000-07:00

Do a background check first.' How many times have we heard that line before? Background checks refer to a search for information regarding the history of an individual. To put it simply, these are 'quick checks' on a person's character. If there is anything negative found on you through personal history checks, you could end up becoming disqualified for a job position or an educational grant or scholarship.

Background Checks - Who's Checking Up on You?

You may not realize it, but there can be quite a lot of people checking up on you. Potential employers top the list. Companies usually conduct background checks on job applicants primarily as a means to verify the credentials that you may have listed on your resume. Another reason is to check for any criminal record you may have. For instance, a record concerning money may not make you a likely candidate for a financial position in the firm.

Sometimes, landlords also do personal history checks on potential tenants to avoid potentially unruly tenants. Some people even do background checks on people they are dating! But then, in today's times, one cannot be too careful.

The Source of Background Checks

Personal history checks can dig up negative information through various public records and documents. The most obvious one would be if you have a criminal record but information can also be culled from your driving history and your financial or credit standing. If any red flags are found on these records, it could easily break your chances of getting the job you want, a loan you are applying for or that apartment you are trying to rent.

Of course, personal history checks are not just something that can be done to you. YOU can also conduct background checks yourself. Apart from doing abackground check on others, you can also conduct them for companies and institutions. Although information regarding the products and services that a company offers is easy to come by, other details such as the legal and financial status, social standing and reputation may require more effort.

Unfortunately, because there are so many cases of mistaken identities and wrongful arrests, background checks cannot be reliable all the time. Sometimes, you would have to conduct additional research and repeat verification steps to ensure that you have the right information.

If you are looking to clear your criminal record and need assistance in doing so, contact The Law Offices of Jacob Emrani. The expert team of professionals with over 50yrs of combined experience is standing by to help you. Call us today at 877) LA-LAW-911, that 877) 525-2991 for a free consultation.

Effectively Communicating With Your Attorney

2011-08-24T10:14:00.000-07:00

Anyone who has hired an attorney for legal representation is entitled to frequent communication and status reports. Every client deserves to know where the case is headed and get an update on the attorney's progress, or lack of it. If you are thinking about retaining a lawyer, or already have one, here are a few pointers about what to expect from or initiate with your legal counselor.

1. Clients should receive status reports on case developments. Any action that your attorney takes on your behalf should be discussed with you beforehand and afterward. You need to know how the case is being processed, and the means your attorney is using to accomplish client goals. Pleadings, hearings, pre-trials, and trial preparation, along with required due-dates, are just some of the matters that clients need to know about. If your attorney does not inform you of these things in a timely manner, ask for periodic updates so you can keep abreast of case developments.

2. You should receive a return call from your attorney when you leave a message. Most legal representatives hire competent secretaries or assistants to handle phone calls and relay messages from clients. Assuming that your lawyer is in town and not involved in a major trial, he or she ought to be able to return your call within a day or two. If you are calling and leaving several messages that seldom bring a response, your attorney is not doing a good job. If there is a head of the firm, you might want to get in touch with that person to explain your dissatisfaction.

3. Most people can be reached in a variety of ways, including cell phone, fax, landline, email, and post. Tell your attorney which method you prefer, and provide one or more alternate means of contact in case the first should fail for some reason. Ask for the same information from your lawyer so that if you need to get in touch, you will be able to do so in more than one way.

4. Use a message system. Either set up a voice mail recorder on your home phone or utilize one at work or on your cell phone. Ask your lawyer that if he or she is unavailable, whether you can leave messages with the secretary or in a voice message box. Sometimes direct contact is impossible, but messages can relay information on a temporary basis.

5. Expect routine communication. If you are not hearing from your attorney on a monthly basis, at least, while he or she is managing an active case for you, request monthly updates in writing or by phone. You can even offer to call in for them if that will make the lawyer's job easier. The important thing is that you stay connected so the two of you can do a better job of working for a positive outcome to your legal case. If your lawyer does not contact you, be sure and get in touch with him or her.

Religious Discrimination in Employment Setting

2011-08-23T16:29:00.000-07:00

Like any other rights, a right to religion is enshrined as a basic human right that should be respected. In consonance to the right to religion is the freedom of religion. Freedom of religion is generally recognized by many nations and international instrumentalities as a basic human right.

Within the context of the freedom of religion include the choice to follow, or not to, or to change a religion. Religious freedom encompasses the freedom of people to observe religious practices, manifest, believe or worship religious dogma and teachings.
Religious discrimination

Most countries or authorities, nowadays tend to stress freedom of religion. Various international conventions were waged respecting this concern to the point of creating a consultative body in order to address the issue on religious discrimination.

Charges of religious discrimination have been applied to governmental, social, and educational policies. Within the list is religious discrimination on the workplace.

Under the United States Federal Law (Title VII of the Civil Rights Act of 1964) as well as various state laws, among others prohibits workplace discrimination based on religion. The prohibition extends to all aspects of employment, from the recruitment, hiring, promotion, giving out benefits, training, work duties, and until termination.

In this context, the same law prohibits any kind of workplace harassment on religious grounds.

The real situations

It is often difficult to find out exactly why a person was not hired, was dismissed, was not promoted for a job and was not given due benefits. It is hard to draw the line in determining the discriminatory actuations. It is all a case-to-case basis and is situational.

At most, a full explanation and comprehension of the employer’s reason would be required before you can determine whether the actions were discriminatory.

In real situations, laws against religious discrimination had a seemingly contradictory effect in the workplace.

Contradictions can be gleaned in the provisions of various non-discriminatory laws, which provide prohibitions, allowances or accommodations and exceptions respecting religious practices in the workplaces. These contradictions have relatively affected job-related decisions.

Legal options

Despite the relative loopholes and contradiction of some non-discriminatory laws, it must be emphasized that discrimination in the workplace based on religious grounds is proscribed by law.

When discriminatory practices were readily apparent in all aspect of employment, the victim can take steps to protect their rights.

If you feel you have been discriminated and need assistance in claiming your rights, please call The Law Offices of Jacob Emrani for a free consultation.

At-Will Employment and Wrongful Termination

2011-08-11T11:58:00.000-07:00

Employers operating in California should understand California at-will employment. It's a simple idea, but one that's often misunderstood by employers and employees.

At-will employment is a term applied to any employee who doesn't have a clearly defined contractual employment agreement. It means, essentially, that an employer can dismiss an employee at any time without cause.

California’s Labor Code specifies that an employment relationship with no specified duration is presumed to be employment “at-will.” This means, at least in theory, that the employer or employee may terminate the employment relationship at any time, with or without cause.

There are exceptions to the at-will rule created by statute, the courts or public policy. Statutory exceptions include terminating an employee for reasons based on discrimination laws; for participating in union activity, and for refusing to carry out an activity that violates the law.

In any workplace environment, it is important for both the employer and the employee to understand their rights. If you need assistance in understanding your rights call The Law Offices of Jacob Emrani for a free consultation. Our assistants are standing by waiting for your call. The number is 877) LA-LAW-911 that is 877) 252-2991.

Road Traffic Accident Compensation

2011-08-09T15:01:00.000-07:00

Typically, legal proceedings due to poor road design will be against a local council. This can be on the basis that they to have failed to install proper signs, maintained proper design or maintain a road, high street or motorway. A road traffic accident compensation claim may also include a product liability claim lodged toward the manufacturer of a car or car part, claiming design or manufacturing defect which lead to the accident. Also, if a car mechanic or garage left a car in an unsafe condition, liability may fall within their responsibility.

Unique Situations: can often arise in a road traffic accident compensation claim which make the legal proceedings more difficult. All parties involved may be liable for potential injuries and this will be considered during the course of any legal proceeding. Various issues that can arise from the accident itself include:

Leaving the scene of an accident: Is not so uncommon in the UK where the driver who causes an accident fails to stop at the place of the accident. This will make it difficult for the injured party involved make a positive ID and therefore bring the driver to court.

Pedestrians and Road Accidents: In such situations, a member of the public can suffer serious injuries as a result of a collision with a vehicle. Often time the conduct of the pedestrian is called into question making it difficult to make a claim against the driver.

Motorbike & Car Accidents: Motorcyclists are very much at risk in regards to personal injury when involved in a road traffic accident even in collisions which would be relatively minor had they occurred between cars. Due to the nature of some motorcyclists, it may be prove difficult to obtain a far hearing from a jury as they're commonly deemed 'wreckless' road users even if the other party is clearly at fault.

Bicyclists & Car Accidents: Bicyclists are among the most vulnerable road users. They are more likely to sustain serious injury when hit by cars or other vehicles. Various hazards such as doors opening in front of them are obvious causes of collisions as well as many others. Cyclists are often caught in the driver’s blind spot and they often report that they did not see the bicyclist until it was too late.

Buses & Car Accidents: Bus accidents can also be quite serious. Due to the sheer size, passengers carried, a collision with a bus will not only see other road users worst off, but unmanaged passengers can also add to the already heated mix of a road accident. Any road traffic accident compensation claim will also be taken up with the operator of the bus not just the driver.

Unsafe road conditions: Where things like road debris and poor, uneven road surfaces abound, accidents can be common place. Whether this is in the form of parts which have fallen off of vehicles, or debris that is kicked up from the roadway, it can all be used as evidence in a road traffic accident compensation claim if the driver believes this was the cause of the accident.

For assistance with a Road Traffic Accident Compensation call The Law Offices of Jacob Emrani at 877-LA-LAW-911, that is 877) 252-2991 for a FREE consultation.

At-Will Employment - Myths and Realities

2011-08-05T09:23:00.000-07:00

Few subjects in the field of employment law have caused more confusion in the minds of the general public than the doctrine of at-will employment. In general terms, an employee who is not a member of a union and is not a government or other pubic employee, is considered to be an at-will employee absent the existence of a contract specifically saying otherwise. Therefore, the majority of employees in the United States are at-will employees. Many at-will employees are under the mistaken belief that they can prevail in a wrongful termination claim simply by proving that their employer acted unfairly in firing them. In many instances, however, that is simply not the case.

What is At-Will Employment?

In a nutshell, at-will employment is a type of employment contract where either the employer or employee may terminate the employment relationship at any time, with or without cause. In other words the employer may fire the at-will employee whether or not it has a good reason, and the employee may quit at any time, whether or not he or she has a good reason. Although the at-will employment doctrine gives an employee the right to quit for any or no reason, this rule most frequently comes into play as a defense used by employers who have been accused of terminating an employee without good cause. In those situations, the employer simply argues that it was not required to have good cause to terminate the at-will employee. In many cases they are right. One court case from 1884 described the relationship from the employer’s perspective this way:

“All may dismiss their employees at will, be they many or few, for good cause, for no cause[,] or even for cause morally wrong, without being thereby guilty of legal wrong.”
Payne v. Western & Atlantic Railroad Co., 81 Tenn. 507, 519-520, 1884 WL 469 at *6 (Sep. term 1884).

Modernly, some exceptions to the at-will employment doctrine have evolved that provide at least some protections for employees. However, it still operates primarily to benefit employers.

Contrast – Contracts for a Definite Term of Employment
Unlike an at-will employment contract, a contract of employment for a specified period of time, e.g. 2 years, ordinarily may be terminated only for good cause. However, even written contracts for a definite term of employment may be rendered “at-will” if they also contain a provision that either party can terminate the contract at any time, with or without good cause.

History of At-Will Employment

Unlike many areas of law that evolved from English common law, the doctrine of at-will employment is a uniquely American creation, and was developed in this country in the late 1800’s. Despite this doctrine’s often harsh results, it was not until the mid 1900’s when the first exceptions to this rule began to appear. Since then, several common law and statutory exceptions to at-will employment have evolved. In the majority of situations, however, the at-will doctrine continues to primarily benefit employers to the detriment employees. As of the date of this writing, all states except for Montana follow the at-will employment doctrine.

Exceptions to At-Will Employment Doctrine

(1) Anti Discrimination Statutes: Several anti-discrimination statutes have been enacted that protect at-will employees from being terminated, demoted or harassed because of certain types of discrimination, including discrimination based on age, race, color, religion, sex, national origin and a few other characteristics. An at-will employee who has been terminated for a discriminatory reason as set forth in those statutes, may proceed with a claim against the employer despite the fact that in most other situations the employer of an at-will employee can terminate that employee with or without cause.

Federal Statutes
One example of a federal anti-discrimination statute is Title VII of the Civil Rights Act of 1964. Title VII prohibits employers from discriminating against covered employees because of that employee's race, color, religion, sex or national origin. It should be noted, however, that Title VII only applies to employers who employee 15 or more employees. Some other examples of federal statutes that afford some protections to at-will employees are the Age Discrimination in Employment Act, and the Americans with Disabilities Act.

State Statutes
Some states have passed their own anti-discrimination statutes, some of which provide greater protections than what is afforded under similar federal statutes.

(2) Public Policy: Most states in the U.S. recognize a public policy exception to the at-will employment doctrine. In those states, an at-will employee may bring a claim against an employer for wrongful termination if that employee was terminated in violation of a public policy. Some examples of public policy violations include reporting safety violations, reporting illegal conduct by the employer, either to a governmental agency, or internally, engaging in acts that public policy encourages, e.g. jury duty, or exercising a statutory right.

(3) Implied Contract: A majority, but not all U.S. states recognize the existence of an “implied contract not to terminate except for good cause” as an exception to the at-will employment doctrine. Under this exception, circumstantial evidence can be used to show that what started as an at-will employment, later evolved into an implied contract not to terminate the employee without just cause. Proving the terms of an implied contract is often difficult, and the burden of proof is on the fired employee.

There are several exceptions that provide at-will employees some degree of protection from an unjustified termination. If you need help in determining your rights, contact The Law Offices of Jacob Emrani 877) 525-2991. Our legal assistants are standing by to answer your questions.

Criminal Defense Attorney: Helping Individuals Face Legal Problems

2011-07-29T09:05:00.000-07:00

A criminal defense attorney is a lawyer dedicated in the legal defense of companies and/ or individuals charged with criminal demeanor. He or she may be permanently employed under various jurisdictions in criminal courts to help individuals or companies who are facing legal problems. A criminal defense lawyer may also be called a public defender when he or she legally represents a person charged with an offense but cannot afford a private attorney due to financial constraints. In such cases, public defenders can provide legal counsel to people pro bono, or for free. Each jurisdiction has a different set of legal practices from their state laws which every good criminal defense attorney should know about.

Consent decrees are different from state to state. Some places use a rotating appointment system with judges choosing a private practice lawyer for each particular case. Let us go in detail with the state laws of California. A Newport Beach DUI attorney for one must be an expert in California state laws about Driving Under the Influence in order to help locals. In the same way, a DUI lawyer in Huntington Beach is an expert in matters of drunk driving as it leads to serious criminal defense cases.

In the US in general, criminal defense attorneys deal with issues surrounding the Fourth and Fifth Amendments. The US law consists of many different levels- for one, the Fourth Amendment guards against unreasonable seizures and searches. The Fifth Amendment on the other hand protects individuals and organizations against government authority abuse in legal procedures. So going back to California, an Orange County DUI lawyer as an example must be very knowledgeable in all these US laws, particularly on impaired driving in the state. The same also goes for a Los Angeles criminal defense lawyer and a criminal defense attorney in Santa Ana.

A DUI attorney in general can defend people involved in criminal prosecutions arising from the act of driving a motorized vehicle while under the influence of alcohol or drugs. Criminal defendants in the US are presumed innocent until proven guilty, which is an essential element in proving the guilt of a person beyond reasonable doubt. This is the legal burden of truth. A DUI lawyer must also be skilled in the defense of serious crimes in front of a jury when necessary to get a unanimous acquittal for the defendant. Needless to say, a criminal defense attorney must actively chase their client’s cause in all stages of criminal prosecution.

A criminal defense lawyer in California may be employed in a public or private firm. Some of these lawyers who are fresh out of law school attain quick courtroom experience by defending individuals and/ or organizations for free. In the same way, a DUI lawyer may also choose to offer his or her services pro bono in these cases, or as mentioned earlier, for the good of the public. A DUI attorney represents parties in a criminal offense resulting from vehicular accidents under the intoxication of alcohol or drugs. So if you are facing a DUI charge, it is always best to consult a DUI lawyer right away.

If you or anyone you know are in need of a defense attorney, call the Law Offices of Jacob Emrani at 877-LA-LAW-911 that is 877-525-2991 for a free consultation today.

What To Do If You Are Involved In A Pending Lawsuit

2011-07-28T11:20:00.000-07:00

Lawsuits often take years to determine if money is owed to the party suing the company or individual. Lawsuits are civil cases that require good record keeping on both parts. If you are involved in a pending lawsuit against another source, it is important to keep records of all communications, efforts, complaints, legal copies, medical records, and so forth.

Keeping all documentation of the case can help your lawyer to refute your opponent's charges. People often ask what is involved in lawsuits. The fact is that lawsuits are similar to any court procedure, except that sometimes, the party being sued will negotiate if evidence is mounting against the source. Thus, the lawyer, the plaintiff, defendant, and other relative court authorities will join in a large room to decide or negotiate if the money offered to halt the suit is sufficient to placate the plaintiff.

The plaintiff-in this instance-is you, while the defendant is the person being sued. Other questions should be asked, such as whether or not the negotiated fee will cover lawyer's costs and whether or not the settlement will include court costs and the cost of the damage as a result of the injury or mental
harm.

Your lawyer will help you through the negotiation; however, you will be asked whether you want to accept the settlement. If you feel the settlement is not enough, then the next step may be handled in a courtroom, unless you request a settlement on your own in which if the sued is agreeable to the settlement-and then the case may end there. For the most part, lawyers take 10 to 20% of the settlement, leaving you the remaining balance, subtracting court costs, which the party being sued will pay in most cases.

Lawsuits differ in various states, thus to find out more about lawsuits, contact the Law Offices of Jacob Emrani 877-LA-LAW-911 that is 877-525-2991.

How Can You Benefit From A No Win No Fee Compensation Claim?

2011-07-26T14:20:00.000-07:00

If you or someone you know are among those suffering from personal injury as a result of a vehicular accident, work-related accident or other kinds of accidents, you may be entitled to a compensation claim.

Accidents happen all the time and if you have been injured in any kind of accident you have to protect your rights by filing a personal injury compensation claim to recompense for the injuries you suffered and the expenses you incurred due to such injury.

People who are involved in accidents are generally skeptical or hesitant about seeking legal help for their compensation claim because they tend to be afraid that it might cost them more financially. But there are personal injury attorneys who can take on your compensation claim on a no win no fee basis also know as "contingency basis." This means that the claimant will not pay the attorney unless he/she wins the compensation claim, and even if they do win the claim all the legal fees will be collected from the negligent party or his insurance company. In other words, no money out of your pocket.

A no win no fee attorney will ask you important questions that are related to the accident so he can determine your chances of winning the compensation claim. They will advise you on getting a medical report and other evidence to prove your injury. The attorney is an expert who will guide you and will show you the proper procedure to follow in filing the compensation claim.

Even if you lose the case, an attorney working under contingency basis will not ask any payment from you. This means that if you hire services under contingency basis you can proceed with your compensation claim risk free.

If you want to get the best compensation for your personal injury and for other financial expenses you have incurred as a result of the accident you should contact a no win no fee attorney immediately. This is imperative because your compensation claim may no longer be filed beyond the period provided for by law for such claims. A no win no fee attorney will be more knowledgeable on this matter and he can advice you properly.

The no win no fee provision is supported by law and you are legally assured that you will not pay the attorney anything whether or not you win the case. If you win the case the legal fees will be shouldered by the other party and if you lose the attorney will not charge fees for his service or investment in your case.

If you or someone you know are among those suffering from personal injury as a result of a vehicular accident, work-related accident or other kinds of accidents, call The Law Offices of Jacob Emrani today at 1877-LA-LAW-911, that is 1877-525-2991 for a free consultation.