Murder Charges

Posted by on Feb 21, 2014 in Criminal Law, Society | 0 comments

A homicide charge is perhaps the most serious charge in criminal law. Depending on the circumstances, a conviction of homicide can lead all the way to the death penalty or life in prison. When someone is charged with homicide, the burden of proof is on the prosecution. Because the allegations carry such serious implications, judges and juries must be presented with strong and believable evidence from the prosecutors that the defendant is guilty of the crime. For the defendant, it is up to them and their attorneys to maintain a reasonable doubt that they are guilty of murder. That is why it is so important for someone who is being charged to have an attorney who is focused on the case and willing to use their legal skills, resources, and knowledge to their best ability to defend their client. Defendants who are unable to maintain a skilled attorney are often a poor match for a well prepared and determined state prosecutor.

Types of Murder Charges

In general terms, the definition of homicide is the unlawful taking of another person’s life. There are, however, several different types of homicide charges. These charges depend on the circumstances of the crime, and they each carry a different range of sentencing options. The following are the different types of murder charges:

  • Voluntary Manslaughter
  • Involuntary Manslaughter
  • 1st Degree Murder
  • 2nd Degree Murder
  • Criminally Negligent Homicide

When it comes to manslaughter, there is a vast difference between voluntary and involuntary charges. While voluntary charges imply that there was intent to kill or at least harm, involuntary implies that there was no intent to kill or harm a person. Drunk driving accidents that result in someone’s death are the most common types of involuntary manslaughter cases.

According to the website of the Law Offices of Mark T. Lassiter, if you are being accused of homicide or manslaughter, having a dedicated criminal defense lawyer is absolutely essential in making sure your right to a fair trial is protected. There are a lot of ways a person may want to defend him or herself in court, but they only get one chance at mounting said defense. This means that it is crucial that you find someone who can help you weigh the available defenses for your specific case and choose the most fitting one.

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What Is Comparative Negligence?

Posted by on Dec 4, 2012 in Society | 0 comments

One common misconception amongst accident victims is that they can only take legal action and recover financial compensation if they were 100 percent not at fault in the accident. Not every case has one person who is completely at fault for the accident. In fact, there are many cases where both parties share some of the blame. Fortunately, accident victims who were partially at fault still have a chance to take legal action in many states.

State law decides who can and who cant take legal action following an accident. Many people involved in an accident may also have been at fault and if they arent aware of the law, they may not pursue legal action.

Different Types of Comparative Negligence

Comparative negligence is when a judge assigns a percentage of the blame to different individuals involved in the accident. After assigning a percentage of blame, the victim can then sue for that amount of damages. There a number of different types of comparative negligence used across the country depending on what state you live in. They include the following:

* Pure comparative negligence This is the most basic form of comparative negligence and is currently in 13 states. In this system, you can still recover damages even if you were 99 percent at fault for the accident.
* Modified comparative fault (50 percent rule) Currently the law in 12 states and is where a victim can only recover damages if he or she was less than 50 percent at fault.
* Modified comparative fault (51 percent rule) This is present in 21 states and gives victims the ability to take legal action as long as they are less than 51 percent responsible for the accident.

If you were found to be 40 percent responsible for an accident and were awarded 1,000 in damages, you could only recover 60 percent of it, or 600. For more information about your case, contact a Wisconsin personal injury lawyer today.

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4 Common Field Sobriety Tests

Posted by on Oct 5, 2012 in Society | 0 comments

If a law enforcement officer suspects a driver of driving under the influence of a narcotic substance, he or she might stop the driver and perform what are known as field sobriety tests. These tests are different than a blood sample or a breathalyzer test, which are two of the more common tests of a driver’s level of sobriety. Usually, these tests resemble exercises, involving some form of physical movement and the ability to follow instructions on behalf of the driver who is suspected of drinking and driving, whereas breathalyzers and blood samples don’t require physical movement; they just require a sample taken from the body.

While there are many different forms of field sobriety tests, some are utilized more than others. Although they are used at an officer’s discretion, sometimes field sobriety tests can be less uncomfortable than a breathalyzer exam or blood sample, which can feel invasive for many people. Four of the more common field sobriety tests include:

One-Leg Stand
Walk and Turn
Horizontal Eye Movement Exam
Non-Standardized Tests

These four forms of the field sobriety tests might all be used to gauge a person’s sobriety level. If an officer suspects that an individual has overindulged in alcohol and is driving while under the influence, the officer might arrest that individual.

Field sobriety tests are not always foolproof. Sometimes mistakes happen and a person is wrongfully charged with DUI. Thus, if a person is facing a serious charge like DUI, it’s critical to have an experienced legal representative on his or her side, as these charges might be reduced or eliminated through the court process.

If you or someone you care about is facing charges of DUI after performing one or more field sobriety exams, contact an experienced Rhode Island DUI lawyer today to discuss how you might create a defense against the charges and avoid the harsh consequences associated with a DUI conviction.

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Medical Professionals And Drug And Alcohol Abuse

Posted by on Aug 8, 2012 in Medical Malpractice, Personal Injury Law, Society | 0 comments

More than virtually any other profession, doctors, nurses, and other medical professionals are expected to be at their highest physical and mental capacity at all times so they can provide patients with the highest level of care. Unfortunately, medical professionals are not always in their right state of mind or condition. If your doctor is under the influence of alcohol or drugs while providing care, he or she is putting you at risk of an injury or health complication.

The use of alcohol and drugs is forbidden for doctors and nurses who are providing care to patients. If you or someone you know has been injured by a reckless medical professional under the influence of alcohol or drugs, you need to take legal action as soon as possible. A New Jersey medical malpractice lawyer may be able to help you recover financial compensation for your damages.

Dangers of Intoxicated Doctors and Nurses

It is widely known that alcohol impairs your coordination, prohibits your ability to think rationally, and makes you more likely to engage in reckless behavior. Thus, when medical professionals use alcohol or drugs, it can have devastating consequences. According to the website of Crowe & Mulvey, LLP, some common errors that intoxicated medical professionals make include:

  • Delaying treatment in the event of an emergency
  • Misdiagnosing a patient or giving him or her the wrong treatment
  • Mishandling surgical tools

Any of the above mistakes can result in life-altering health complications or even death. Thus, it is important to hold intoxicated or drugged medical professionals responsible for their actions so that you can help prevent this hazardous behavior in the future.

If you have been hurt by a medical professional under the influence of drugs or alcohol, you need a skilled and experienced legal representative on your side to help you hold these individuals liable for their actions. Get in touch with a malpractice attorney today to get started on your case.

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