Aggravating Factors in First Degree Murders

Mar 10

In California when first degree murder is committed, repercussions can include 25 years to life in prison, life in prison without parole, fines, loss of rights, or the death penalty. While California does not execute the death penalty as swiftly as possible, there is still framework that can decide the extent of punishment. Aggravating factors of the crime are a list of factors whose outcome can tip the scale of a judge’s decision.

Defendants should have professional help to maintain their rights throughout this process. When accused of a first degree murder and going through trial, it can often be difficult to prevent rights from being stripped or tampered with. While these aggravated factors are considered, regardless of their outcome, constitutional rights should be protected.

They come in place once an act has been declared a first degree murder. To qualify, there must have been a premeditation or use of explosives, weapons of mass destruction, poison, rape, arson, and others.

While aggravating factors differ from state to state, California has 13 to determine severity of the murder. Several listed are: “the murder was especially heinous, atrocious, cruel, or depraved (or involved torture),” “the defendant committed or attempted to commit more than one murder at the same time,” and “the defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony.” While these are only three of the 13, they capture the ideas that the factors embody.

The result of these factors has a direct impact on the life of the defendant. However, they do not have to face the trial alone. Regardless of any outcomes, rights should be protected throughout the process, often with the help of a Nashville criminal defense lawyer.

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How do I know if my injury qualifies for benefits?

Mar 09

Filing for Social Security Disability Insurance (SSDI) and Supplemental Social Security Income (SSI) can be frustrating and confusing. Common questions regarding severity of the injury, what disabled is, and determining which insurance to file for are general questions regarding disabling injuries.

A Greenfield, Wisconsin personal injury lawyer may describe debilitating injuries as traumatic brain injuries, spinal cord injuries, knee damage, and neck injuries. If these injuries are long-term and prevent prosperous activity from being performed, they might qualify for Social Security benefits.

The Social Security Administration identifies “disabled” conditions based on five factors: “Are you working? Is your condition severe? Is your condition found in the list of disabling conditions? Can you do the work you did previously? Can you do any other type of work?” After assessing these outcomes, claims successfully qualify or are rejected. This process, like filing the claim itself, can be confusing but aided by professional help.

For an adult to receive Social Security Income, qualifying factors are if they are blind, older than 65, disabled, limited income, limited resources, and is a U.S citizen or national (upon requirements). Personal injury plays into Social security Income because again, there are factors that qualify “disabled.” If your injury isn’t disabling, your claim for SSI will be denied.

Whether your injury has been received on or off the work site, it lasts a year or more, and when it prevents you from performing beneficial activity, you can file a claim for SSDI or SSI. If the injury occurred on site, Social Security benefits can help in addition to workers compensation. Qualified legal professionals can maneuver the complicated web of personal injury and Social Security to help alleviate financial stress.

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Workers Compensation Factors to Aid Disabling Injuries

Mar 06

When injured on a work place due to a lack of management or oversight, it is not your fault. If your injury is disabling, whether temporary or permanent, workers compensation can help pay the bills and provide until preventing injuries have healed. However, when companies underpay injured workers, problems can arise.

Debilitating injuries often occur on a construction work site. Slip and falls and other construction accidents occur often, and the outcomes can drastically range in severity. They can be as minor as a scratch or bruise, or as terrible as a brain or spinal injury. While recovery time for these severe injuries can be sixth months, others can be several years.

Once physically recovered, cognitive processes and basic functions can be permanently inhibited. It’s important to hold the company accountable for disabling employees. If responsible for putting a person out of work, the company should help provide for their recovery.

Workers can apply for short term or long term benefits; through documentation of their paperwork and medical bills, total amounts of compensation can be monitored. Size of the employer’s payroll, employee job classifications, and the company’s claim experience multiplied together produce the premium premium price. Different states have respective laws regarding medical insurance. Some states require employers to provide insurance whereas others don’t.

Workers’ compensation insurance policies are critical in business structure. They protect the employee and employer alike, and strive for the best case scenario in the midst of tragedies. If you have been put out of work due to a injury on your company’s behalf, do not be worried about depleted finances; worker’s compensation will help the situation. However, if a company is not following procedure, a Minnesota’s workers’ comp lawyer can help work towards holding employers accountable.

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Truck Driver Requirements and Regulations

Mar 05

Wrongful deaths due to truck driver negligence is unjust. The website of the Goings Law Firm outlines how 18-wheeler trucking accidents can lead to deaths. To prevent killing other motorists, truckers must follow recommendations such as training programs, acquiring a specific license, completing a formal education, and participating in workshops.

Training programs are the first step in obtaining a Commercial Driver’s License (CDL). However, truck drivers must have a GED certificate to participate. Then, the Professional Truck Driving Institute can recommend a certified driving course. Courses can be free, paid on the spot, or reimbursed once financially profiting in the company. After completion, operatives can seek a CDL.

When acquiring a CDL, drivers must have a clean record, take a written test, and pass a driving portion. They are necessary for drivers transporting 26,001 or more pounds, or if transporting hazardous materials. If the latter, drivers must also acquire hazmat credentials. To do this, drivers must give their fingerprint and pass a U.S. Transportation Security Administration background check.

Lastly, once certified and hired, drivers are enlisted in company workshops. Additional workshops are online, conducted by American Trucking Associations (ATA). Both the company and ATA workshops inform drivers on regulations, safety guidelines, and codes of conduct.

If an accident involving an 18-wheeler causes a death and the driver has not met these guidelines, the victim’s Houston personal injury lawyer may have a stronger platform when arguing for personal injury justice. According to the website of the Law Offices of Mark T. Lassiter, someone injured due to the fault of a negligent truck driver can and should receive compensation.

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Problems from Lack of Cruise Ship Security

Mar 03

Cruises should be a time for rest and relaxation. They are meant to take the mind way from the stress of every day life while cultivating happy thoughts. However, they can immediately turn downwards if something bad happens while you’re on the cruise do to a lack of security.

The website of the Vucci Law Group outlines some of the frustration and danger that can arise if the ship has a poor security plan. Atrocities can be committed when the passengers least expect them. Since everyone is on the boat for a significant amount of time together, people learn others’ habits and can capitalize on that in a criminal manner.

Stolen items is a crime most easily committed if precautions are not in place. Living quarters are in a confined area, and remembering to lock your door at all times is crucial. Furthermore, do not keep valuables lying around. In addition to neighboring passengers, the staff is below the dock at most times. One should safeguard jewelery, phones, iPads, money, and any other possessions when away is important to prevent others’ from accessing them. If a cruise ship has proper security, the problem of stolen items should be reduced or nonexistent.

Unfortunately, violence and sexual assault can occur on a cruise ship as well. People learn others’ patterns when confined together over a given time period. This gives someone an advantage of the element of surprise because they appear unexpectedly during a daily routine. However, a properly suited ship would have the security stationed in dangerous areas. With watchful eyes speckling the ship, the well-being of the passengers is ensured.

While none of these crimes are excusable, the issue is worsened with the crimes occur on vacation in the middle of an ocean. Incidents on cruise ships due to a lack of security are the cruise ship company’s responsibility, and they can be held accountable.

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