Monday morning with Alex Williams’ cartoons

qccartoon

This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at £120 for originals and £40 for copies and they can be obtained from this email info@qccartoon.com.

October 19, 2020 · Tim Kevan · Comments Closed
Posted in: Uncategorized

Monday morning with Alex Williams’ cartoons

qccartoon

This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at £120 for originals and £40 for copies and they can be obtained from this email info@qccartoon.com.

October 12, 2020 · Tim Kevan · Comments Closed
Posted in: Uncategorized

Why You Need an 18-Wheeler Accident Attorney

Consideration was given for the editing and publication of this post.

Most personal injury attorneys in the USA have handled car accidents. They may have aided the pedestrian hit by a car or the passenger injured in a drunk driving case. However, most attorneys lack the experience and expertise to handle the more complex cases involving tractor trailers also known as 18-wheelers.

The Severity of the Damages


Force equals mass times acceleration. It takes more energy to get a truck to high speed than a car. That’s why the car hit by an 18-wheeler will suffer far more damage than if struck by another car traveling at the same speed. This can result in a car wrapped around the 18-wheeler, not the dented car doors you’ll see with a standard T-bone accident. This causes bones to break, traumatic brain injuries and, all too frequently, death. The associated medical bills, property damage, lost wages and long-term costs to be far greater in an 18-wheeler accident than other types of car accidents. You need an attorney who regularly handles in serious commercial vehicle accidents to be able to accurately predict the total, lifetime costs of a given accident.

The Complex Liability in Most Cases

A semi truck accident could be due to the negligence of the driver. However, the accident might be the result of several other parties, as well. A driver who simply drives the company’s vehicles may have nothing to do with its upkeep. Then they aren’t responsible for the faulty breaks or worn tires. The truck might be maintained by a fleet management service separate from the company whose name graces the side of the 18-wheeler. The hard part is determining what caused the accident, who or what groups are liable, and in what degree.

This is why you must work with an experienced 18 wheeler accident lawyer. Pick any generic personal injury attorney, and your odds of winning your case and receiving the full damages you’re due go down dramatically. Furthermore, you want to make sure that you’re working with an attorney who doesn’t take on truck companies as clients.

The Investigation


A conventional car crash investigation will start by asking for the contact information of witnesses and pictures you took at the scene. Unfortunately, you can’t do this if you’re rendered comatose when a truck crashes into you. These accidents generally trigger a police report, when you have to request one in lesser car accidents. When the damage is severe or a death results, the National Highway Traffic Safety Administration might get involved, but the local transit authority will probably generate its own report.

The average 18-wheeler is driven by a professional driver. This means that an investigation will include their traffic record and commercial driving certifications as well as ask whether or not they were too tired or drunk to be driving. The track record of the company that owns and maintains the vehicle will come into question, too. The best 18-wheeler accident attorneys are familiar with every source of information related to any crash in Houston, allowing them to quickly compile the information related to your case. And this means they won’t waste your time asking you about what you may not remember.

October 5, 2020 · Tim Kevan · Comments Closed
Posted in: Uncategorized

Monday morning with Alex Williams’ cartoons

qccartoon

This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at £120 for originals and £40 for copies and they can be obtained from this email info@qccartoon.com.

October 5, 2020 · Tim Kevan · Comments Closed
Posted in: Uncategorized

Who Can You Sue Following A Car Accident That’s Not Your Fault?

Consideration was given for the editing and publication of this post.

After a car accident, insurance adjusters must determine who is at fault to decide who pays and calculate how much they should pay. The process for determining fault varies from state to state. Georgia and Tennessee are both “at-fault” states, which means that whoever caused the accident must pay for resulting damages. However, like any business, insurance companies aim to pay as little as possible. You may not be satisfied with the settlement the insurance company offers, especially if you’ve sustained serious injuries or your vehicle was totaled in the accident. These expenses often amount to much more than an insurance company is willing to give you. In this case, you can sue the at-fault driver(s) to get a better outcome.

Understandably, most people want to avoid a lawsuit at all costs. They can be lengthy, expensive, and work-intensive. In many cases, a GA car accident lawyer can successfully negotiate with the at-fault insurers on your behalf, and you never have to step into a courtroom. But on occasion, a lawsuit is the only available resource against a particularly stubborn insurer. And, if your odds are good, it can be well worth it. An experienced TN injury lawyer can review your case and determine the likelihood of winning a lawsuit.

Filing a Lawsuit After a Car Accident

Following a car accident, you may want to file a lawsuit to help alleviate the cost of vehicle repairs, medical bills, lost wages, or pain and suffering. Depending on the circumstances of your accident, there are several different parties you can sue. 

Suing the At-Fault Driver

If your accident involved only one other driver, you will deal with one other insurance company. In Tennessee and Georgia, all motorists must adequately insure their cars. If the insurance company fails to offer a fair settlement, you can sue the at-fault driver, but you’ll be effectively suing the insurance company for fair compensation.

Just because insuring your vehicle is the law doesn’t mean everyone complies. If the at-fault driver does not have insurance, you can file a negligence lawsuit directly against him/her. However, be advised that a lawsuit against an uninsured driver does not guarantee that you’ll receive damages. Someone who can’t afford car insurance probably can’t afford to pay negligence damages, either.

Suing Multiple At-Fault Drivers

Tennessee and Georgia are comparative fault states, which means that more than one driver can be found responsible for a car accident. As you might imagine, this can complicate claims. Sometimes both drivers share the blame, and other times more than two people are involved in a car accident. 

If you are found partially at fault for the accident, you can still claim damages as long as you were less than 50 percent responsible. If the adjuster finds multiple drivers at fault, all at-fault drivers are liable to pay. Without adequate legal representation, it’s unlikely that any at-fault insurer will offer you the settlement you deserve.

Suing a Negligent Driver as a Passenger

If you were a passenger in the car that caused an injury accident, or a car hit by another vehicle, you can still sue.  

As in the above cases, you would sue the at-fault driver’s insurance, regardless of which car you were in at the time. However, if the at-fault driver does not have insurance, the car you were riding in does matter. If you were in the car of a negligent, uninsured driver, your own automobile insurance would have to assume responsibility for your injuries. If you were in a car that was hit by a negligent, uninsured driver, you would submit a claim to the insurance company of the car you were riding in. 

Other Potentially Liable Individuals 

In some situations, a negligent driver may not own the car they were operating. For example, perhaps they were driving a company-owned vehicle, or their friend loaned them a truck to move. In most cases, you would submit a claim to the owner’s insurance. 

It can become complicated in the case of employers, however. If the negligent driver was operating a personal vehicle as part of their job, you could sue their employer. But if they were running an errand for their employer, and made a personal pitstop along the way, during which they hit your vehicle in a store parking lot, a court may rule that the accident occurred while the employee was on a “detour” from their work responsibility. As such, the employer may not be held liable. Similarly, if the employee took the company car outside of business hours for personal use, their employer may deny responsibility for the employee’s actions. As with all complex legal cases, it’s best to involve a car accident lawyer who is well-versed in Tennessee and Georgia accident law. 

Contact Dennis and King Today

If you have been involved in a not-at-fault car accident in Tennessee or Georgia, the legal team at Dennis and King can help. Injuries and time off work can cause significant emotional and financial strain to a victim’s entire family. Contact us today at (423) 892-5533 for a free and confidential consultation about your case.

October 2, 2020 · Tim Kevan · Comments Closed
Posted in: Uncategorized

How to Use the Alternative Measures Program for an Offence

Consideration was given for the editing and publication of this post.

In Canada, charges for even minor crimes can have long-lasting, negative effects on an individual’s life. If you are charged and convicted of a crime, the associated criminal record can severely limit your employment and housing opportunities for years into the future. Fortunately, the Alternative Measures Program (AMP) offers a chance at a clean slate for individuals who commit minor crimes.

What Is the Alternative Measures Program?

The AMP allows certain offenders to avoid conviction by participating in a combination of rehabilitation and restorative justice. The AMP is also known as “diversion,” because it diverts these offenders out of court, and onto (hopefully) a better path forward. When a person is willing to take responsibility for their actions, the Crown can instead offer them alternatives to criminal proceedings. If the accused completes the program satisfactorily, the Crown Prosecutor may drop all charges, effectively removing that offence from the individual’s criminal record. For this reason, the AMP is an attractive option for many people facing minor charges.

Who Is Eligible for the Alternative Measures Program?

Admission to the Alternative Measures Program is at the Crown’s sole discretion, so it depends very much on each individual case. However, if the following factors are present in your unique situation, it will generally bode well for you when determining eligibility:

  • You were charged with a summary conviction offence (minor offence) that did not result in significant damage to persons or property.

  • You have less than two offences on your criminal record.

  • You have not undergone AMP within the past two years.

  • You show remorse for their actions.

  • You are willing to accept responsibility for what happened.

Some examples of minor offences commonly eligible for AMP are:

  • Forging documentation

  • Theft or fraud under $5,000

  • Possession of stolen property under $5,000

  • Mischief (destruction or tampering with property that you do not own) under $5,000

  • Simple assault (excluding domestic violence)

  • Motor vehicle theft

Each province—if it has adopted alternative measures—employs different guidelines for eligibility and restitution acts. A qualified local lawyer can inform you of your province’s specific requirements.

What is the Process for Receiving Alternative Measures?

In some cases, a police officer may refer you to AMP; in other situations, a defence lawyer can recommend you to the program. However, as stated above, the Crown Prosecutor has the ultimate power to decide who receives alternative measures.

If the Crown admits you to the program, you must then formally accept responsibility for your actions. Unlike pleading guilty, accepting responsibility will not result in a conviction and, as such, will not show up on your criminal record. Instead, the court will essentially put your case “on hold” while you complete your required AMP activities. 

The Crown will decide which acts of restitution you must perform based on your province and the nature of your case, among other factors. Some common AMP activities of restitution include:

  • community service;

  • compensation or return of property to the victim; 

  • acts of service to the victim;

  • participation in a reconciliation program for victims and offenders, if the victim is willing; and

  • a written apology or essay.

Once you have completed your AMP, the Crown Prosecutor will review your performance and decide if you have performed the activities to a satisfactory level. If you do not finish the program satisfactorily, the Crown will almost certainly proceed with criminal charges. An unfinished AMP will not carry much favour in the subsequent trial. 

Frequently Asked Questions (FAQs)

Will an AMP show up on my criminal record?

With very few exceptions, an AMP will not show up on your criminal record. However, the court may take a prior AMP into account when considering charges for any subsequent offences. In addition, you cannot enroll in an AMP within two years of your last admission. 

Are there exceptions that could bar me from receiving alternative measures?

Yes. The Crown Prosecutor will consider any aggravating factors (circumstances that make a crime more serious). According to the Public Prosecution Service of Canada, these include but are not limited to:

  • Domestic violence or sexual violence in an assault case;

  • Trafficking controlled substances or Schedule I drugs (e.g. cocaine, methamphetamine, or heroin);

  • Involving a minor (under 18 years old) in a drug offence;

  • Using or threatening to use a weapon; 

  • Using or threatening to use extreme violence;

  • Implementing coordinated and sophisticated planning (e.g., as part of organized crime)

As mentioned above, the unique circumstances surrounding a case will significantly impact the Crown’s decision to offer alternative measures. Consult with a defence attorney if you are unsure how your unique circumstances will affect your case. 

Are juvenile offenders eligible for alternative measures?

Only adult offenders can participate in an alternative measures program. However, the Youth Criminal Justice Act provides extrajudicial measures, which function in much the same way. Juvenile justice laws typically apply extrajudicial measures much more broadly than adult alternative measures. 

How can a lawyer help me take advantage of alternative measures?

An experienced defence lawyer, such as the team at Oykhman Criminal Defence Toronto, will review your case and make a compelling argument to the Crown Prosecutor in favour of alternative measures. Many factors influence your admission to this program, so it’s best to seek legal counsel to increase your chances of success.

October 1, 2020 · Tim Kevan · Comments Closed
Posted in: Uncategorized

Will Underage DUI Charges Affect Your Future?

Consideration was given for the editing and publication of this post.

A DUI is a serious offense no matter what age you happen to be, but the consequences can be even harsher for underage drivers. 

All 50 US states have zero-tolerance laws for underage drivers, which means that any driver under the age of 21 found to have between 0.00 and 0.02 percent blood-alcohol concentration (BAC) could face a DUI charge. The actual limit varies by state, but it’s always somewhere in this range. If an underage driver’s BAC registers beyond the legal limit, he/she could be charged with a DUI, in addition to their underage charge. 

Zero-tolerance laws may seem like a harsh mandate, but they exist to protect young and often inexperienced drivers from the perils of drinking and driving. In the US, motor vehicle crashes are one of the leading causes of death for underage drivers, and there is a correlation between zero-tolerance laws and lower rates of fatal underage car crashes. 

Short-Term Consequences of an Underage DUI Charge

DUI laws vary significantly by state. Regardless of where you live, you can expect substantial fines and a suspended driver’s license. Some states will require you to attend DUI school, have an ignition interlock device (IID) installed in your vehicle, undergo alcohol counseling, and/or perform community service. In severe cases, you may serve jail time, even for a first offense. 

Long-Term Consequences of an Underage DUI Charge

An underage DUI charge can adversely affect many aspects of your life. Some examples include:

  • Fewer employment opportunities. Employers often conduct a background check as a condition of employment, and a DUI may adversely affect a hiring decision. If you work with children, hold a government job, run for public office, or drive commercial vehicles, your employer will almost certainly request a background check. Commercial drivers, in particular, must follow strict regulations and should exercise caution even when operating a personal vehicle, as certain infractions (such as a DUI) can be grounds to suspend or revoke their commercial driver’s license (CDL). 

  • Limited access to housing. Like employers, some landlords will run a background check before renting housing to a potential tenant. A DUI can also affect a person’s eligibility for public housing.

  • Higher car insurance rates. A DUI will almost certainly increase your auto insurance premium.Depending on the charge’s severity and your state of residence, your rate can double or even triple for three to five years. Some insurers will actually drop a policy entirely if the insured gets into an accident caused by DUI.

  • Penalties to your college career. Many colleges look into a potential student’s background when considering an application, and a DUI could negatively impact a school’s decision to admit you. If you are already a college student at the time of your DUI, you could lose scholarships, financial aid, or forfeit your place in athletics. In severe cases, your school could even suspend or expel you. 

  • Harsher consequences for repeat offenses. Suppose you have an underage DUI on your juvenile record. In that case, the court could consider an adult DUI a second offense if it occurred within your state’s lookback period (the amount of time a DUI stays on your driving record). Subsequent DUI offenses have increasingly punitive sanctions.

How Can I Mitigate the Effects of an Underage DUI?

DUIs of any type are dangerous, costly, and never worth the aggravation. But people make mistakes. If you have been convicted of DUI, there are steps you can take to reduce your DUI’s negative impact on your life, especially if you were charged as a minor. 

Many states are more flexible regarding juvenile criminal records; some even seal records automatically once you turn 18. However, as mentioned above, this does not mean that your juvenile record has no impact once you reach adulthood. As such, if you have the option to seal or expunge a DUI from your record, you should take advantage of it. 

Expungement is the process by which a court clears an arrest or conviction from someone’s record. If your record is expunged, you can honestly say you have no criminal record when asked by a potential employer or landlord. Certain charges cannot be expunged from your record, and in some states, such as Massachusetts, even DUIs fall under this category of charge. If you cannot expunge your DUI from your record, you can often petition the court to seal it instead. 

In states that make a distinction between sealing and expungement, a sealed record is only accessible to law enforcement and the court; as such, you can honestly say that you have no criminal record when applying for employment or housing. Convictions on a sealed record may still be used against you in future criminal proceedings, but for the purposes of living your life free of the hassle of a past arrest or conviction, a sealed record functions the same as expungement.  

Seek Legal Counsel

Each state has specific laws, restrictions, and penalties for DUIs, as well as rules around expungement. A DUI attorney, such as the team at Trey Porter Law, can review your case and best advise you on your legal rights and options, saving you money today and preventing the DUI from coming back and haunting you later in life. If you are charged with an underage DUI, seek legal counsel as soon as possible so that you can protect your rights and move on with your life.

October 1, 2020 · Tim Kevan · Comments Closed
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5 Legal Tips to Handle Domestic Violence

Consideration was given for the editing and publication of this post.

Domestic violence is a harrowing experience to live through, as well as a serious public health issue. Even though living with an abusive partner or co-habitator can be terrifying, many domestic violence victims remain with their abusers because the idea of reporting the abuse is even scarier. Perpetrators of domestic violence frequently create a climate of fear, rendering the victim utterly dependent on their abuser and convincing them that they will be worse off if they leave.

If you are a victim of domestic abuse, you have the right to live your life free of violence and shame. Legal avenues exist in the USA to help people escape violent situations, allowing them to live unencumbered by worry or danger. Whether you are suffering from domestic violence or know someone who is, these five legal tips can help you take steps towards a better life.

Keep a Record

While protection orders are not the only legal measure available to domestic violence victims, they are among the most common. To grant protection orders, however, a court must have substantial evidence that the order is warranted. In order to prove that such a request is necessary, it’s important to keep a record of abusive incidents in any way you can. Evidence can include photos, videos, audio recordings, copies of correspondence (emails and text messages), and relevant medical records. If you have children, document who cares for them and to what extent; this information can be invaluable to a future custody case. Ask any witnesses to events of abuse if they’d be willing to testify in court on your behalf. If you have a domestic abuse attorney, send your documentation to them early and often to minimize the risk of your abuser finding and tampering with it or destroying this crucial evidence.

Make a Safety Plan

Escaping domestic violence requires careful planning to allow the victim to leave in the safest way possible. Pack an emergency bag with money, medications, keys, essential documents such as passports, social security cards, and medical records, and clothes for yourself and any children. If you have a cell phone, keep it charged and nearby at all times, and commit important phone numbers to memory, including the nearest domestic violence shelter. Communicate with trusted friends and family about your abuse, and advise them of how they can help. If you need help creating a safety plan, contact the National Domestic Violence Hotline.

Apply for Emergency Protection Orders as Soon as Possible

The most dangerous time for survivors of domestic violence is right after they leave. Abusers may resort to increasingly drastic and violent measures if they feel their control waning. If you didn’t apply for protection orders before leaving, do so as soon as possible. An emergency protection order (EPO) will grant you protection for a limited amount of time, enough for you to request a long-term protection order that is more thorough, detailed, and permanent. With your input, a good domestic violence lawyer will draft an application for protection orders specific to your unique situation.

When Escaping Domestic Violence, it is Legal to Take Children with You

Many abusers threaten to file a missing child report if the victim escapes with their children. Often, victims stay with their abusers for much longer than necessary because they are afraid for their children’s safety and don’t know the true nature of parental kidnapping laws. These laws are complex and vary by state. Still, in most cases, you can file for a temporary emergency custody order to protect yourself and your children from your abuser’s manipulative tactics. Also known as “ex parte” orders, these will grant you custody of your children for a short period, giving you time to file more permanent custody and protection orders, if necessary. An experienced domestic abuse attorney can advise you on the best course of action to ensure you and your children’s safety.

Know Your State and Local Laws About Domestic Violence

Whether or not domestic violence has personally touched your life, an informed public is key to early reporting and prevention of this serious societal ill. Familiarize yourself with your state and local laws about domestic violence, as well as the warning signs. Depending on your profession and state, you may be required by law to report any domestic violence you are aware of or suspect. If you work in these professions, you probably already know your responsibilities. However, anyone can and should report abuse, and these voluntary reporters are generally entitled to legal protection of their own. If you are unsure of your responsibilities regarding reporting or aren’t confident that what you’ve witnessed is abuse, your local domestic violence shelter or a domestic violence lawyer can guide you.

Domestic violence can happen anywhere, at any time, to anyone. Staying vigilant about abuse means that you can help victims quicker and recognize red flags in your own relationships. If you can’t afford representation, many community organizations can connect you with affordable or even free legal counsel. Don’t wait to get help. Domestic abuse is a plague on society; you are not alone, and you do not need to suffer in silence for one more day.  If you need legal assistance related to domestic abuse, please call Nielsen Law today.

October 1, 2020 · Tim Kevan · Comments Closed
Posted in: Uncategorized

Why it’s Crucial to Hire a Lawyer When Facing DUI Charges?

Consideration was given for the editing and publication of this post.

If you have found yourself facing a DUI charge, then the first thing you need to do is relax your mind and deal with the situation sensibly. Most of the road accidents that happen in the US happen because of drunk driving, and that’s why the laws have gotten even strict in the past. So, if you get caught driving under the influence of alcohol or drugs, then the authorities would not go easy on you, and you can end up paying a hefty fine or losing your license. That is why it is advised that instead of dealing with the charges alone, you must consider hiring a DUI lawyer. Below I have mentioned a few reasons that will help you understand why hiring a lawyer is important for your DUI case.

Legal Proceedings Are Complicated

The American laws are written in a difficult language, and even when you are dealing with the simplest of matters, you would not be able to understand the laws completely. They can be confusing for a layman, and can be misinterpreted easily. Sometimes the laws are so complicated that even the people who work in the legal system fails to make sense of it. However, an experienced DUI lawyer will have extensive knowledge of these laws and will make sure that you do not have to face any serious consequences just because you missed out on a small piece of detail.

Courtroom Experience

When it comes to courtroom matters, it is not something that you want to take into your own hands. If you have a lawyer in your corner, he will handle all the court matters for you making sure that you are not burdened with anything, and your case is going in the right direction. A lawyer who has years of court experience will be able to defend you in front of the judges and the opposition lawyers with confidence.

Help With Paperwork

When you are dealing with legal charges, showing up in court is not the only thing that you need to worry about. There is a lot of paperwork involved in such proceedings, and you will have to take care of that as well. This sort of paperwork requires a good understanding of the law, and a lot of free time. So, if you do not wish to be buried under tons of paperwork, you should hire a DUI lawyer as soon as possible.

Peace of Mind

Dealing with legal charges is never easy, and it can burden you with extra mental stress. You are always worried about your case and are wondering whether you will be able to get through it or not. This can affect your personal and professional life as well because your mind will always be fixed on the DUI charges. Hiring a lawyer can help you with that greatly. Knowing someone is out there working on your case will provide you with much-needed peace of mind.

September 30, 2020 · Tim Kevan · Comments Closed
Posted in: Uncategorized

Monday morning with Alex Williams’ cartoons

qccartoon

This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at £120 for originals and £40 for copies and they can be obtained from this email info@qccartoon.com.

September 28, 2020 · Tim Kevan · Comments Closed
Posted in: Uncategorized