Immigration Consequences Of Criminal Issues!

The last twenty years have seen a very drastic increase in the severity of the immigration consequences of criminal convictions, and, in some circumstances, for criminal conduct, even if it did not result in an arrest or conviction. For this reason, it is more important than ever that the criminal defense of a noncitizen focus not just on minimizing time in custody, but equally on avoiding the deportation that the noncitizen may face upon completion of their sentence. In California, criminal defense attorneys are required to inform their noncitizen clients of the actual immigration consequences involved in the particular defense strategy, such as a plea agreement. However, it is not uncommon to find that the client has not in fact received that critical information.

Far too often the immigration consequences have not been taken into account because the attorney does not see their job as including a defense of the client from the severe immigration consequences. That being said, there are many criminal defense attorneys who are skilled at providing a defense that attempts to mitigate the possibility of deportation at the same time as reducing the possible time spent in custody. For clients who have a history that includes criminal conduct it is important to determine the exact immigration consequences of that activity prior to traveling or filing an application with USCIS. Either is these actions can bring the existence of the criminal conduct to the attention of USCIS, and this can result in very drastic consequences.

At the less disastrous end of the spectrum of these immigration consequences is the inability to establish the required "good moral character" due to criminal conviction or conduct. This might prevent an applicant from being approved for naturalization, and it operates to prevent applicants from qualifying for a number of forms of relief from deportation in immigration court. At the other end of the spectrum of immigration consequences are the grounds of deportation for such activity. The dreaded "aggravated felony" crimes are among the worst examples of this movement toward exile of noncitizens for crimes that don't necessarily carry long sentences when committed by citizens. In addition, a person who returns to the U.S. without authorization after deportation for an aggravated felony faces a potential 20 year federal prison sentence, and United States Attorneys are increasingly prosecuting such cases.

The immigration consequences of criminal activity are grouped into the two broad categories of inadmissibility and deportability. The grounds of inadmissibility apply principally to applicants who are seeking a benefit from immigration such as admission to the U.S. at a port of entry, permanent resident status, citizenship, or a visitor visa. The grounds of deportability apply principally to those who already have status in the United States and are at risk of having that status taken from them in the process of being deported. However, someone with permanent resident status may face the grounds of inadmissibility upon attempting to return to the U.S. after a vacation. These crimes include quite minor drug offenses and crimes deemed to evidence "moral turpitude." For this reason, it is extremely important to consult an immigration attorney prior to travel, if the traveler has a history of criminal convictions.

DRUG OFFENSES
Drug offenses, even those which are quite minor, such as being under the influence, can result in both inadmissibility and deportability. Sale of a controlled substance or possession of a controlled substance for sale are both aggravated felonies and can trigger deportation. In addition, a state drug conviction that is analogous to a federal drug offense in the aggravated felony definition counts as an aggravated felony. Conviction of an offense "relating to a controlled substance" will also cause deportability and will cause inadmissibility for one who is not already admitted or for a lawful permanent resident who is returning from travel. And, even without any conviction, a determination of drug addiction or abuse after being admitted to the U.S. will cause deportability.

And, again, even absent a conviction, one who is a drug addict or abuser is inadmissible to the U.S., or if Immigration has "reason to believe" that she has assisted a drug trafficker or has benefited from such activity as the spouse or child of a trafficker. Finally, admission of all of the elements of a controlled substance conviction will also cause inadmissibility. A conviction of simple possession or even possession of paraphernalia will cause deportability and inadmissibility, unless the conviction is eliminated through state rehabilitative relief.

Crimes involving moral turpitude

The term, "crime involving moral turpitude" (CMT) refers to a classification of crimes which cause both inadmissibility and deportability for non-citizens, even when these same offenses would not be severely punished if committed by a U.S. citizen. It is not uncommon for crimes of moral turpitude to also be classified as aggravated felonies, when a sentence of a year or more has been imposed.

A crime is often classified as involving moral turpitude when there is an intent to defraud or to steal, to cause great bodily harm, where there is "malice", or where there is a "lewd intent." One conviction of crime of moral turpitude causes inadmissibility. The same is true for the admission of committing the offense, even without a conviction. The exception to this harsh rule is what is known as the "petty offense exception" for one CMT carrying a maximum possible sentence of one year and for which the noncitizen received a sentence of no more than six months.

A noncitizen is deportable if convicted of one CMT committed within five years after last admission to the U.S. for which a sentence of one year or more could have been imposed, or for two CMT convictions at any time after admission which did not arise out of a single scheme of criminal conduct regardless of the length of sentence. It is possible to be deportable but not inadmissible for a CMT. This means that a noncitizen is eligible to apply for adjustment of status to that of a lawful permanent resident in removal proceedings, even though he or she is deportable.

A noncitizen is inadmissible if he or she has been convicted of two or more offenses of any type for which the aggregate sentences to confinement actually imposed equaled five years or more. This will also be a bar to a finding of good moral character for purposes of naturalization, VAWA and other forms of relief, though in some cases a waiver may be available.
Conviction for domestic violence, regardless of the sentence imposed, is a ground of deportability. Domestic violence is not necessarily a CMT, unless actual infliction of harm or intent to cause serious bodily harm are proven.

This article is intended as an introduction to a topic in which there are significant legal changes occurring on a daily basis. It is not a substitute for legal research, not for working with an attorney experienced in the intersection of criminal law and immigration law. The central purpose of this article is to encourage caution and careful consideration by anyone potentially facing the consequences described here.

The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this article, clients or otherwise, should act or refrain from acting on the basis of any content included in the article without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. Erich Keefe is an associate for the Shah Peerally Law Group PC located in Newark CA.. The office areas of practice are Immigration Law, Loan Modification neogotiations, and litigation. http://www.peerallylaw.com Ph:510 742 5887

Information: Shah Peerally is the President and managing attorney for the Shah Peerally Law Group PC located in Newark, California. Prior to his entrance into Immigration law practice, Shah worked in litigation and business law for Mc Nichols Randick O'Dea & Tooliatos LLP in Pleasanton, California. Later, Shah joined the Law Offices of Virender Goswami as a supervising attorney in business and employment immigration. Shah was also attorney of counsel for the Immigration law offices of Minter and Ahmad in Fremont, California. Fluent in French and Creole, Shah is a passionate and dedicated advocate. He is very active in the Muslim, Middle Eastern, South Asian and African communities. He regularly participates in lectures and free legal clinics. Shah has been personally commended by House Majority Leader Nancy Pelosi and Congresswoman Barbara Lee for assisting in their immigration workshops.

How to Do a Criminal Records Check Online Fast - This is the Only Easy Way to Do It!

The majority of people have thought of running a criminal record check on someone, at some point of their lives. With everything going on in the world today, most people will do anything they can to protect themselves from danger.

A background check can be particularly useful in the following situations:

1. Are you about to get married? I'm sure you have heard of stories of people getting married, only to find out that the groom or the bride is already married. A background lookup can give you access to the individual's marital status and help you avoid finding yourself in this tragic situation.


2. Are you getting ready to hire a new babysitter? I'm sure you don't want a criminal watching after your kids. Some of these nannies have a history of child abuse or kidnapping and can be dangerous for your children.


3. Are about to hire a new employee?


4. Does your neighbor look suspicious? Would you feel safe living next door to a murderer? If you are a parent, wouldn't you want to know if your neighbor is child molester?

No matter what the reason may be, conducting a background search can help you retrieve all the information you are looking for.

So, how can you do a free criminal records check online?

One option would be to use a free database. However, the problem with these databases is that they are not reliable. The reason is simple. Gathering criminal records from all over the country and keeping this data constantly updated, requires a big investment both in time and money. A free database provider doesn't have all the necessary resources to provide you with reliable results. That's why you may get conflicting results from different databases for the same individual. What is more, many times these websites are not actually free. They are just trying to lure you in and then end up asking for money in order to give you the information you are looking for.

By far, the most reliable and quick method you can use is to turn to a paid website. Their service only costs a few dollars and lets you run unlimited lookups. By using these databases you can get all the information you could ever need and even more. You can gain access to: Present Marital Status and Divorce Records, Full Legal Name, Missing Children and Adults, Cell Phone Trace, Criminal, Arrest and Jail Records, People Census and Bankruptcy Information, Parolees, Most Wanted Criminals, Employment details, List of owned properties, Address History and much more.

Now You Need To Pay Close Attention To This-

Do you want to do a FREE CRIMINAL RECORD CHECK? Just Click Here!

MICRA Victim - Paul Ethier

Approximately 98000 Americans die every year because of medical errors. In California, a law that hasn't changed since 1975 takes away the right of injured Californians to hold an incompetent doctor or negligent hospital accountable for medical errors. California's "malpractice cap" limits compensation for pain and suffering because of medical negligence to $250000. This cap on compensation for injured Californians hasn't been adjusted for inflation since 1975. It would be more than $900000 in today's dollars. Put that in perspective: The minimum wage would be $2.10 an hour if it hadn't changed since 1975. The cap never changes, no matter how severely you are injured, if you lose your sight, your fertility, or even your child. Because of the cap, people who are injured that don't make a lot of money can't find attorneys in California. The cost to prepare and try a case for retired seniors, women who don't work, children or low-income Californians is often more than the case is worth. Without an attorney, health care providers aren't held accountable for hurting people with medical mistakes, neglect and abuse. This and many other videos are part of the site JusticeForPatients.org. JFP is an attempt to illustrate the human cost of this out-moded and arbitrary cap on a victim's financial compensation.



http://www.youtube.com/watch?v=ldBPKWj0drU&hl=en

Juvenile Delinquency

Juvenile delinquency refers to harmful or illegal acts carried out by adolescence. It could also be defined as violent or non-violent crime committed by persons who are regularly or under the age of eighteen. There is much question about whether or not such a child should be held criminally accountable for his or her actions. There are many diverse inside influences that are supposed to affect the way a child acts both depressingly and optimistically. Additionally, there are reasons why adolescents get into violence and non-violence crimes.

Conversely, youth's crimes are commonly multiplied and exposed because some of the young adults are abused or rather abandoned, child abuse is when children are hurt or injured by parents or by other people. Hitting, kicking, beating with objects, and can cause pain, cuts, bruising, broken bones and sometimes even death. In addition, it could be when they are emotionally abused in which children are not given love, approval or acceptance.

They may be constantly criticised, blamed, sworn and shouted at, told that other people are better than they are and rejected by those they look to for affection. Furthermore, they can sometimes be neglected in which when parents guidance looking after children do not provide them with proper food, affection, shelter, clothing, care and protection. If a child is however had been abandoned or abused, how can he or she survive? As a result of this, some of them might then decide to be a runaway because they couldn't resist the situation they were facing. Being a runaway child is absolutely bad! Because it would get things worst by the fact that there won't be an advice, also, there would not be were to live, what to eat, wear and so on.

Consequently, if the matter continues in that way it would therefore lead the young person to be consistently aggressive and make group of gangs, form this aggressive behaviour a kid might start stealing, swindling, and many more. Additionally, the law breaking might stretch and lead to harmful crimes; such as killing, raping, threatening and more. They could possibly harm their selves and the communities by taking drugs, smoking, and drinking. This could be dangerous having such juveniles around the society.

It is vital that parents take controls of their children because no one knows what the future holds for them. Children should be treated equally, not to be discriminated against! This is because children nowadays don't think as deep as parents does, they do actually take all issues seriously, although some parents might not mean to hurt or ignore them. Firstly, you should be able to be an understanding parent, listen to their statements carefully and give the right judgments, try not to be harsh when correcting them, reduction of abusive words. Additionally, you should try following their opinions because it could be useful.

How can we make this environment better and secured? This can be done by having preserving on the written words that abides on children, parents and guidance including tight and secure community management. There should be laws that prevent parents or guidance or even other people from abusing youths physically, mentally, emotionally, and sexually. This is because it could be one of the reasons why children usually the age under the age of eighteen getting into harmful or either non-harmful crimes. Furthermore, children, should be able to abide by their parents rules and regulations in which when they being told the right and wrong things. Finally, there should be more security that's prevents crimes around the community in other to make a better and safer place to be.

Dr. Phil: The Lie Detector Results (Episode 788 Part 7)

Krista, Bonii, Jeremy and Danielle's first appearance on Dr. Phil left many unanswered questions. After that show, three of the four agreed to take polygraph tests concerning child molestation accusations leveled against Jeremy. Now, they all return to learn the results. Has everyone been honest with Dr. Phil? What's next for this family? Follow this case and support Bonii's non-profit organization SAVE at: www.MomsForJustice.org



http://www.youtube.com/watch?v=mf_shJ5IywU&hl=en

Five Ways a DUI Breathalyzer Can Be Wrong

While drinking and driving is never a good idea, there are just way too many things that can go horribly wrong, people should also know enough information to protect themselves from a false reading during a breathalyzer test. The fact that there are a number of ways that a breathalyzer can be wrong during the testing process shows that the information these machines provide is not always reliable. This information can be used as a way innocent people can protect themselves against false prosecution of drunk driving.

Here are a five ways that a breathalyzer can be wrong.

Calibration

Without regular calibration, many breathalyzers lose the ability to give accurate readings. The calibration process is meant to train the breathalyzer's sensor so that it can detect accurately the amount of alcohol that is sent through the machine.

Residual Mouth Alcohol

It is important for those administering a breathalyzer test to observe a test subject for twenty or more minutes so that everyone involved that the test results are not thrown off because of any residual alcohol left in the subject's mouth. The problem with testing a subject too soon is that the machinery assumes that any alcohol found in the breath of the subject comes from the lungs and therefore is a reading of how much alcohol is in the bloodstream. It is possible for a subject to have left over alcohol in their mouth that would give a false reading on a breathalyzer when their blood alcohol rate is not really over the legal limit.

Retrograde Extrapolation

One of the more common defense attorney strategies put in use to show the fallibility of a breathalyzer test is to put forth the strategy of retrograde extrapolation. Most breathalyzer tests take place at police headquarters, sometimes more than an hour after the traffic stop. What the theory of retrograde extrapolation attempts to prove is to backtrack from the time of the test to estimate what the true blood alcohol level was at the time of the citation, which would often be less.

Compound Interference

There are a number of compounds in existence that interfere with the results that a breathalyzer can come up with. It is known that those suffering from diabetes can sometimes have acetone levels that are so high that they can be read as being over the legal limit. Acetone is one of the compounds that breathalyzers falsely reads as alcohol. Other things that have sometimes shown to cause false positive readings in breathalyzer tests include inhalers and some dietary supplements.

Absorptive Phase Testing

It takes a given amount of time for alcohol to be absorbed into a person's body, usually from half an hour to two or more hours. This is called the absorptive phase. Testing via breathalyzer during the absorptive phase can give a false reading because while alcohol is in the process of being absorbed it is not distributed evenly throughout the body.

Breathalyzers are something that anyone making the poor decision of getting behind the wheel after having more than a couple drinks will most likely have to deal with at some point in their life. There are a number of things that can go wrong though with a breathalyzer test, causing it to record false levels of alcohol in the test subject. It is important for those people being tested to know that breathalyzers are not infallible, and sometimes the mistakes that are made by the machinery or those operating them can cause someone to be falsely accused or even convicted of driving under the influence of alcohol

If you or someone you know is experiencing difficulties relating to a DUI, you may have DWI or DUI questions you need answers to. Find those tough questions answered at DUI-questions.com.

How Do I Prepare For a Divorce?

The divorce process can be a long, costly and very emotional process. The first thing your probably wondering is how much is this going to cost and how long is it going to take. Unfortunately there is no straight answer to either one. Some divorces take weeks others take years. If you have children you might be in and out of court until the youngest child turns 18. Divorce can also be cheap or costly, running as little as $2,000 and for a battle over property and child custody you can expect to spend closer to $10,000 to $50,000.

I Am A Victim Of A Long And Costly Battle

Unfortunately its true and if I could have I would have given up the house, the cars, the alimony and child support just to get my ex-husband off my back, but he was a controlling narcissist and couldn't deal with the fact that we were in a failing marriage. This does not have to be you. You can learn from my win and loses to ensure your divorce goes as smooth as possible and hopefully in your favor.

Prepare For The Worst, Plan For The Best

Its an old saying but it holds so much truth. Your divorce might go smooth at first, you agree on custody and who gets what, but then the lawyers come into play and it all goes out the window. This doesn't always happen, but it happened to me. How Do I Prepare For A Divorce you ask, plan for the best but be sure your ready for the worst and done be caught by surprise.

Financial Planning

Divorce cost money whether your divorce goes smooth or its an all out battle. All out battles are more costly of course, but you need to prepare financially either way. If you are a house mom like I was, you may need to start putting money aside to hire a lawyer to represent you. How Do I Prepare For A Divorce financially? Start cutting expenses so you can save more and maybe even work extra hours to make some extra cash. Do not be afraid to as friends, family and your parents for a little financial help. If you are in an emotionally or physically abusive relationship, your better of owing money for a few years than to ensure the abuse of your marriage.

Protecting Yourself

Protect yourself and ensure your name is on anything you want your fair share of. That includes the house, the cars, insurance, timeshares, and anything else that holds value. Even if your name is not on them, make sure you have records of these items, including when they were purchased, how much they are worth and how much you owe.

Get The Best Lawyer You Can Afford

The fate of your life, your property and your children are ultimately at the mercy of how good your lawyer is. How Do I Prepare For A Divorce legally? Make sure you get the best lawyer that you can afford. Interview many of them and make sure they understand you, your case, your situation and most of make sure they will fight for you. Most lawyers will only represent you, but to get them to put up a fight is another story. Lawyers are trained to settle and if you do not want to settle, you have be sure you hired an aggressive lawyer.

Get Educated, Get Help, Get Advice

Just because you have a lawyer does not mean you should stop reading and learning. Remember most lawyers just want to represent you and settle your divorce and child custody. Putting up a fight for your children and your property is another story, especially if they know you are on limited funds. How Do I Prepare For A Divorce mentally? There are some great reference guides out there on divorce strategies and how to win child custody that every person in a divorce should read up on to ensure your best fighting chance.

First thing first is to get a free consultation with an attorney familiar with divorce and child custody in your court district.

Visit My Divorce Help

Get a free no cost obligation of your legal rights to divorce and custody. The free consultation will let you know yours and his legal rights to divorce and child custody. They will also let you know how to protect yourself and how much its going to cost. Just remember the first one to act will get the upper hand. Do not wait for him to get a lawyer first.

Secondly I highly recommend an online reference guide called Divorce Strategies and Tactics For Women. Its only $27 and its going to answer a lot of questions that you have about divorce.

Last but absolutely not least, if you have a child and you think there is even a slight chance of a custody battle get this guide on How to Win Child Custody. Child custody is a completely separate issue and battle from divorce and usually 90% of the expenses and heart ache. Use these strategies to get the upper hand from day one. I will tell you from experience, women do not always get primary custody, because the courts these days want the parents to have equal parenting. Do not wait until things start to go wrong to get this information that you should be doing even before you start the divorce process.

You can get both of these by visiting My Divorce Guides

I wish you all the best of luck

~ Janice Rubin

Child Sexual Abuse Investigation and Trial

Attorney Irwin Zalkin discusses the well being of the child during the investigation and trial. The Zalkin Law Firm handles all sexual abuse cases including Clergy Abuse, Boy Scout Sexual Abuse and Sexual Abuse in School throughout California, New York, Florida and Arizona. They also handle Personal Injury, Medical Malpractice and Cerebral Palsy lawsuits. You can contact Mr. Zalkin at www.Zalkin.com or by calling 800-724-3235.



http://www.youtube.com/watch?v=KSMkmYmRbNo&hl=en

Domestic Violence Restraining Orders

DVRO - California Divorce, Restraining Orders and Domestic Violence. In California, if you or your child is a victim of violence, harassment, assault, domestic abuse, or threats, you can protect yourself by filing for a restraining order. Once you file a restraining order ... Learn More bit.ly



http://www.youtube.com/watch?v=zXRbYXfIFUs&hl=en

The Basics Of Estate Planning

Estate Planning may be a word that is encountered by many citizens especially the elderly. What is Estate Planning? What benefits does it provide to people?

Estate Planning is a method of arranging and considering alternatives that will satisfy specific wishes and goals to prepare for things that may happen to a person and the people he finds special to him.

Estate Planning includes organizing properties and not just putting them in a simple Will. It also lessens the taxes and fees that may possibly be charged to these properties. Estate Planning also includes contingency preparation to ensure that ones wishes regarding health care and medications will be followed.

An estate plan may be described as good if it financially coordinates with the future of the home, business, investments, insurance and other benefits if ever the person becomes sick or will pass away. A good estate plan also sets directions to bring about personal wishes regarding health care in preparation for the when the person becomes disabled.

It is very important to identify the real definition of the term "estate" before someone can really perform estate planning. Estate means all the properties a person owns or has control of. This is regardless whether if the property is solely named after him or is in managed in a partnership. This may include real properties, accounts, bonds and stocks, cash, buildings and establishments, jewelry, collections, all types of businesses and even retirement benefits.

Typically, those who really need to have an estate plan are parents who have minor children, people who have valuable properties and have sentimental values for them, and also people who are concerned about their medications and health care. However, people can still acquire an estate plan whether they have these categories or not. As long as they have all the things that are covered by an estate plan, then they can avail of it.

While a person is alive, it is important to prepare an estate plan and at the same time implement it. This is the perfect time for a person to perform and have legal capacity to come up with a contract. There may be challenges that could occur if an estate plan is implemented when a person is already disabled. Others may judge the lack of capacity and the person may be prone to fraud, abuse and coercion.

Estate Plans may include wills, power of attorney for health care, living wills, living trusts and limited partnerships. When entering into a contract, it is very important to make use of the services of a lawyer. Lawyers are the only certified people who practice these fields. They are also the only ones who can supply a person with all the legal requirements and advice needed in the estate plan. An attorney will be able to answer legal questions regarding the estate and they will also be able prepare the person on the cost of the estate plan and other finances the come with it.

Estate Planning involves sensitive decisions and legal matters. It would only be beneficial if the person will always consult with legal advisors and also seek financial and medical advice. It is important that before a person will enter into estate planning, he should already have a strong understanding of the process so that things will not be difficult for those who will be left behind.

Robert Thatcher is a freelance publisher based in Cupertino, California. He publishes articles and reports in various ezines and provides estate planning resources on [http://www.justestateplanning.info]

Open for Questions: The Home Stretch on Health Reform

Health and Human Services Secretary Kathleen Sebelius takes questions about health insurance reform submitted through Yahoo! News and Ustream. March 17, 2010.



http://www.youtube.com/watch?v=qD0RTkffrP4&hl=en

Inviting a Workers Attorney to Sue Over Labor Overtime Or Commission Schemes

To forego concerns about labor overtime, overtime claims, wage claims and to insure employee performance businesses often implement creative commission structures designed to benefit the motivated employee and the employer. California overtime and compensation laws are generally very protective of workers and the legal system for the most part protects workers against creative commission schemes.

In one such creative commission structure the employer attempted to circumvent the law by not paying commissions after the employee left, even if the commission was really earned by the former employee. In an environment of high employee turnover, which is often the case with sales persons, such a plan made perfect sense for the employer. Fortunately for the employer the plan was turned down by the California Division of Labor Standards Enforcement and the employer did not have to worry about future wage claims.

The employer sought an opinion letter before proceeding with the plan. In the plan it described a compensation system that included quarterly payouts of commissions on sales. The program also required current employment at the time of the quarterly commission payout. If the employee was not working at the time of the quarterly payment then no payment was due.

The Division of Labor Standard Enforcement advised that commissions on sales are waged calculated and owed upon the completion of the sale and must be paid in accordance with California Labor Law. Under California law wages earned are due and must be paid twice during each month on days designated in advance by the employer. Such a plan was deemed to be unacceptable as it was not compliant with existing law. Even if the plan did not provide for forfeiture of commissions it would still not be compliant, because it did not provide for payment of wages twice a week.

A labor attorney knowledgeable about labor laws is often very instrumental in helping a business stay out of trouble. A labor attorney is likewise very instrumental in helping an employee with wages and overtime lawsuits.

In this such case it was fortunate the employer was advised to seek such an opinion before attempting to implement the plan. Otherwise a workers attorney would eventually have picked up as a good wage claim to litigate.

In the opinion issued there was a reference to case where it was determined to not pay commissions where the orders were cancelled. That case was distinguished on the grounds that it was not unreasonable because of the period of time and the fact that no sale had actually occurred if there was a cancellation. The DLSE further added that this plan did not provide for a salary to be drawn against future commissions. The DSLE opinion letter stated that it is sometimes permissible to require that the contract upon which the commissions are based is not complete until payment of the contract price to the employer.

The DLSE conclude by summarizing as follows:
To summarize then, we would first point out that commissions earned on a sale must be paid within the pay period pursuant to the provisions of Labor Code Section 204. Withholding payment of earned commissions until the end of a three-month period would be a violation of California's Labor Code. Additionally, any earned commissions may not be forfeited. As pointed out above, reasonable conditions may be placed on the vesting of the commissions; but once vested, the commissions may not be forfeited as a result of the fact that the employee terminates the employment. We might also point out that common law contract doctrines (prevention) would prevent an employer from forfeiting commissions which would have been earned by discharging the employee before those commissions vest.

Generally speaking if there is some sort of unfairness to the compensation plan it will eventually result a workers attorney filing an overtime claim or some sort of labor law attorney filing a wage claim or labor law violation claim. The sure way to invited a workers attorney to file a claim for unpaid wages is to implement an inherently unfair compensation plan.

Learn About your Employment Rights At California Overtime

Dr. Phil: Shocking Accusations (Episode 765 Part 2)

A desperate grandmother sent Dr. Phil a video showing how her 3-year-old granddaughter, Kaylee, reacts when she returns from visits with her father. Follow this case and support Bonii's non-profit organization SAVE at: www.MomsForJustice.org



http://www.youtube.com/watch?v=eNheh93qu-4&hl=en

Child Neglect Laws

Under the law, California Penal Code section 270, child neglect is committed when a parent of a minor child willfully omits, without lawful excuse, to furnish necessary clothing, food, shelter or medical attendance, or other remedial care for his or her child. All the State needs to prove is that your acts were willful and without lawful excuse.

For example, you could be found guilty of child neglect for intentionally leaving your child in the car while going into a store. You could also be found guilty for placing your child in a dangerous or potentially dangerous situation in or out of their home.

Child abandonment or endangerment is a misdemeanor punishable by a fine not exceeding two thousand dollars ($2000), or by imprisonment in the county jail not exceeding one year, or by both a fine and imprisonment together.

According to the U.S. Department of Health and Human Services and Child Welfare Information Gateway, 60% of abused children suffer from neglect. 56% of all alleged cases of child neglect are reported by teachers, doctors, nurses, social workers and other professionals, and 44% are reported by friends, neighbors and relatives. Notably, in California, most child care professionals and health practicitioners are required to report suspected instances of child neglect in a timely manner. The omission of this responsibility could result in fines, jail time and civil damages, not to mention the danger to the child itself. Child neglect can take various forms:

· failure to ensure a child is wearing a seat belt and the child is later injured in a car accident

· failure to provide education to a child

· drug/alcohol related

· subjecting the child to extreme corporal punishment

· bodily harm

· child abuse and maltreatment

· exposing the child to domestic violence

· kidnapping

· stalking

· sexual abuse and assault

· neglect

· lack of providing food, clothing, shelter or medical care

· homicide

In sum, child neglect crimes are serious criminal charges. Moreover, the District Attorney and the courts are very protective of children, and will, in most cases, want actual incarceration when someone has been charged with neglecting a child. It's to the benefit of a defense attorney to try to work with the prosecutor to reduce the fine and/or potential jail time in these types of cases if the case cannot be defended on a factual or legal basis.

The Key Issue for Child Neglect is Intent

Can the State prove that the child neglect was willful or done intentionally? If the State cannot prove intent, then charges will most likely be dismissed or the defendant will be found not guilty at trial. If the State has problems with proving intent, then the case can be dismissed or settled for reduced charges with potentially zero jail or fines.

Other key factors to consider in these cases are whether the defendant has a prior criminal record. If the defendant has a prior record for child neglect, punishment will typically be more severe. If there is no prior record, then punishment can be greatly reduced. A sentence including probation is what happens for the vast majority of its clients; with probation comes the opportunity to have community service, home arrest, or work project as opposed to actual jail time.

Robert Miller is an Orange County Criminal Defense Lawyer at Robert Miller and Associates, A Law Corporation. You can reach him through his information websites: http://www.ocduiblog.com
http://www.expertlawfirm.com

MICRA Victim - Bill Mitchell

Approximately 98000 Americans die every year because of medical errors. In California, a law that hasn't changed since 1975 takes away the right of injured Californians to hold an incompetent doctor or negligent hospital accountable for medical errors. California's "malpractice cap" limits compensation for pain and suffering because of medical negligence to $250000. This cap on compensation for injured Californians hasn't been adjusted for inflation since 1975. It would be more than $900000 in today's dollars. Put that in perspective: The minimum wage would be $2.10 an hour if it hadn't changed since 1975. The cap never changes, no matter how severely you are injured, if you lose your sight, your fertility, or even your child. Because of the cap, people who are injured - and don't make a lot of money - can't find attorneys in California. The cost to prepare and try a case for retired seniors, women who don't work, children or low-income Californians is often more than the case is worth. Without an attorney, health care providers aren't held accountable for hurting people with medical mistakes, neglect and abuse. This and many other videos are part of the site JusticeForPatients.org. JFP is an attempt to illustrate the human cost of this out-moded and arbitrary cap on a victim's financial compensation.



http://www.youtube.com/watch?v=K3sDFR4atlU&hl=en

Coping With Alcoholism of a Loved One

Alcoholism can effect almost anyone. It is not just limited to the alcoholic. The effects of alcoholism extend to friends and family, even co-workers. When alcoholism effects a loved one it effects everyone. Coping with alcoholism of a loved one is a process that takes time and effort.

Alcoholics can be physically or mentally abusive. They often have problems keeping a job and being responsible. Alcoholism in a family can be devastating. When one person is effected by alcoholism then everyone else has to deal with alcoholism as well. Coping with alcoholism of a loved one can be hard. It can be stressful and severely damaging to others in the family. Learning how to cope with alcoholism of a loved one is the best way to help the person and stop the problems associated with it.

There are many things a person can do to cope with alcoholism of a loved one. The first step to take is to realize the alcoholic is responsible for their problem, not other people. This will help family members stop some behaviors that only encourage the alcoholic to continue drinking. The next step is to stop those behaviors that encourage the alcoholic. The following points are things not to do for an alcoholic because they only encourage their behavior:

• Do not give the alcoholic money to buy alcohol.


• Do not take the alcoholic to places they can buy alcohol.


• Do not drink around the alcoholic.

There are some things that a person should do, however, that will help the alcoholic and in return help them cope with the alcoholism.

• Do support the alcoholics efforts to become sober.


• Do talk with the alcoholic about their problem.


• Do help the alcoholic get help.

While there are many steps a person can take to cope with the alcoholism of a loved one, there are support groups that focus on helping people in this type of situation. In these groups a person can share their feelings and meet others who are trying to cope with alcoholism of a loved one. It is important for the person to not ignore their own needs. The alcoholic may require extra attention during their recovery, but they should not get all of the attention.

Robert Thatcher is a freelance author based in Cupertino, California. He publishes articles and reports in various ezines and contributes on a regular basis to FreeNetPublishing.com

MICRA Victim - Steven Olsen

Approximately 98000 Americans die every year because of medical errors. In California, a law that hasn't changed since 1975 takes away the right of injured Californians to hold an incompetent doctor or negligent hospital accountable for medical errors. California's "malpractice cap" limits compensation for pain and suffering because of medical negligence to $250000. This cap on compensation for injured Californians hasn't been adjusted for inflation since 1975. It would be more than $900000 in today's dollars. Put that in perspective: The minimum wage would be $2.10 an hour if it hadn't changed since 1975. The cap never changes, no matter how severely you are injured, if you lose your sight, your fertility, or even your child. Because of the cap, people who are injured - and don't make a lot of money - can't find attorneys in California. The cost to prepare and try a case for retired seniors, women who don't work, children or low-income Californians is often more than the case is worth. Without an attorney, health care providers aren't held accountable for hurting people with medical mistakes, neglect and abuse. This and many other videos are part of the site JusticeForPatients.org. JFP is an attempt to illustrate the human cost of this out-moded and arbitrary cap on a victim's financial compensation.



http://www.youtube.com/watch?v=6TjRkc1ufwM&hl=en

Let a Criminal Attorney Help You

If you are in legal trouble and are unsure of what your next step should be, it is time to seek out some help. A criminal attorney is the person to turn to if you have been arrested for any reason. Whether you have been charged with domestic violence, DUI, a federal crime or even petty theft, you need to seek counsel as soon as possible. The court system can be a maze of twists and turns, which feel like they lead to nowhere. You need the assistance of someone who is trained in the methods typical to the justice system. Your defense lawyer should be an experienced individual who has worked with other cases of your sort in the past and won.

Domestic Violence/Spousal Abuse
Domestic violence is an area that certainly calls for a defense lawyer. Most of the time domestic violence is a "he said, she said" situation. If you are the one being accused of abuse or hostility then you want someone that can work with you to make sure that the situation is not swung in the other party's favor simply because one person may be a better talker than the other may.

DUI
When you are charged with drunk driving, there are certain steps that need to be taken in order to maintain your rights. The wording of the law can be confusing and people often think they have driving privileges when they really don't. There are other cases when the person does not know that they can attempt to get a restricted license. Applying for a restricted license is he asking the DMV to use your driver's license so that you may get back and forth to work even though your regular driving privileges are suspected. A criminal attorney can help you through this process.

Federal Crimes
If you have committed or been accused of the federal crime you need to seek counsel immediately. In order to do this you must find a lawyer who is experienced in working with not only the state but also the federal court system.

Theft
If you have been arrested for theft or another type of crime, hiring a criminal attorney is going to be your best bet. Due to the crime rates in the last 10 years, the system is eager to push people through. A lawyer will make sure that you get the rights to which you are entitled, including the right to a fair trial.

Not hearing a criminal attorney could be the worst mistake you have ever made. Even if you have been charged with something of which you are not guilty, you still need someone that can navigate the system and help you through the process. One little slipup could leave you sitting in jail. Jail is a place that no one wants to be, particularly if you have not done anything wrong. If you try to fight your case on your own, there is a good chance that the D.A. will overpower your case within the first 10 minutes. It is simply not worth taking that chance.

Are you in need of a San Francisco criminal attorney? If you are looking for a true professional, please see here: http://www.thedefenselawyer.com

victorville ca divorce attorney familiy law child support alimony child abuse spouse

http//:www.sjblawoffice.com A Roadmap to Divorce The Divorce Process in California The summons and the petition for dissolution of marriage set the tone for the rest of the divorce. There are less confrontational options than to have these documents delivered to your spouse by a sheriff or process-server. − Victorville family law attorney Sharon J Brunner Step 1. Gather Information Once you choose a lawyer, the divorce process in California begins with gathering information such as names of the parties, birthdates and addresses, along with detailed financial information. To obtain full and accurate information, your lawyer will need to scrutinize tax returns and pay stubs, bank statements and retirement plan accounts such as 401(k) plans. If there is an allegation that a spouse is unemployed or underemployed voluntarily, your lawyer will also review earnings history. If your spouse is self-employed, business income and expenses will need to be reviewed. For liabilities, all credit card statements, loans and other debts will need to be scrutinized and evaluated. This step will create a preliminary balance sheet to have an understanding of the marital estate as a whole. Discovery may be necessary to force the other side to produce information and documents. Step 2. Initiate the Divorce To initiate a divorce, two documents will be prepared: Summons. This is a formal notification of legal action. It provides a time for the other party to respond and a basic restraining order ...



http://www.youtube.com/watch?v=1b8EU2g_lIE&hl=en

California Child Custody - Who Gets Custody?

Like most states, the standard for child custody determinations in California is the overall best interest of the child with an emphasis on assuring the "health, safety, and welfare" of the child and "frequent and continuing contact" with both parents absent child abuse, domestic violence, or where the contact would not be in the best interest of the child as provided in the California family code section 3011 (See California Family Code Section 3011, 3020, 3040, 3080). Further, according to California family code section 3040, child custody should be granted in an order of preference and according to the best interest of the child.

A common challenge for the court is to decide who will get custody of the child. Child custody may be petitioned by parents, grandparents, stepparents, or any person who believes they can provide suitable care and guidance to the child. So how does the California family court or a California judge handle competing persons seeking custody of the child? According to California family code section 3040, child custody should be granted in an order of preference and according to the best interest of the child. The court looks first to grant custody to both parents jointly or to either parent before looking to grant custody to other persons. California however does not currently establish a preference or a presumption for or against joint custody arrangements. Instead, it allows the California family court or California judge to make the parenting arrangement decision on a case-by-case basis according to what it believes reflects the overall best interest of the child. If neither parent is granted custody, then the court may look towards the person's home in which the child has been living and the stability of that environment and then to any person deemed by the court to be able to provide appropriate care for the child. In short, the court will typically look to grant child custody first to the parents according the best interest of the child and if they are deemed unfit the court will then look to grant child custody to other persons according to the best interest of the child.

If you are involved in a child custody battle with the other parent, grandparent, stepparent, or any other person, you would be wise to consult a California family law attorney to help you learn where you stand legally and what your legal options are with respect to your child custody rights and visitation rights.

Copyright © 2007 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. "How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!" is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.

California Personal Injury Lawyer for Children

California Personal Injury Lawyer for Children, Child Injury and Abuse Lawyers. welcome to the keane law firm - Child Injury and Child Abuse Lawyers