Currently Browsing: Law

How The Amount Of Marijuana In Possession Affects Penalties

Marijuana use and distribution is common in the United States, but those who are accused of possessing marijuana can be facing serious legal penalties. The severity of such penalties largely depends on the amount of marijuana found in a person’s possession. The spectrum of penalties also can vary based on the person accused and their history. Texas has strict, but varying, laws regarding penalties for marijuana possession because the state acknowledges the obvious and essential difference between, for example, a teenager caught with marijuana one time and a long-time drug dealer who perpetually gets caught in possession of the drug. In both cases, penalties are imminent, but will almost certainly vary.

Understanding Differences of Possession

Many people who are accused of marijuana possession in Texas have only a small amount of the drug on them, and lawmakers in Texas want to distinguish between this kind of crime and one of greater import. Thus, the Texas laws regulate penalties for different levels of marijuana possession as follows:

  • Less than 2oz up to 2,000 in fines and up to 120 days in jail
  • 2 4 oz up to 4,000 in fines and up to 1 year in jail
  • 4oz 5 pounds (now a state felony level crime) up to 10,000 in fines and 180 days to 2 years in jail
  • 5 50 pounds up to 10,000 in fines and 2 to 10 years in prison
  • 50-2,000 pounds up to 10,000 in fines; 2-20 years in prison
  • more than 2,000 pounds up to 50,000 in fines and 5-99 years in prison

According to the Law Offices of Mark T. Lassiter website, regardless of what penalties a person finds themselves facing as a result, everyone deserves a fair trial and competent legal representation. These are rights that are reserved for everyone in the U.S. by the Constitution. These are rights that are unlawful to infringe upon. If this happens, and an individual is arrested and convicted of a crime as a result, the court decision can be thrown out or reversed.

Being arrested on charges of drug possession can be daunting and you might not know where to turn when you’re facing such harsh penalties. However, legal representation can be extremely helpful, potentially eliminating or at least reducing the charges or penalties you’re facing. This can help you move on with your life with as little derailment from drug possession accusations as possible.

Understanding How Surgical Errors May Occur with Da Vinci

The Da Vinci Surgical System by Intuitive Surgical Inc. is not really all that new. It was first approved by the Food and Drug Administration (FDA) for use in the US on July 11, 2000. While it made waves in the medical community when it was first made commercially available, it was only in the last three years that it became spotlighted for the general public. Unfortunately, it is because of the surgical errors and injuries that have become associated with the technology.

According to the National Injury Law Center, under usual circumstances, liability for surgical errors is placed on the surgeon as medical malpractice. However, with the use of the Da Vinci which is considered a supervisory-controlled robotic surgery system, the problem may be in the tool itself rather than the wielder. To understand how this can happen, one must know how the system works.

The da Vinci is made up of the surgical arm unit which is placed near the patient and a console for the surgeon who will be viewing and controlling the arm unit from several feet away. The system is designed so that the surgeon is the one making all the moves, using a joystick to control the motions of the three or four arms the robot may have. Small incisions are made in the abdomen in which stainless steel rods are placed. One of the rods is equipped with two endoscopic cameras while the others have surgical tools attached. The surgeon is then provided with a 3D image of the patient’s insides without having to actually open up the patient or touch the instruments.

There are two ways that are immediately apparent that surgical errors may occur. One is based on the lack of physical contact between the surgeon and patient could affect how the surgeon intuits the condition of the patient, something that may be balanced out with proper training. The other is the use of electrical instrument which may malfunction at any time. Surgeons have reported numerous incidents of a system freeze or shutdown in the middle of a procedure, necessitating a switch to more traditional surgical methods. Some patients experience inadvertent electrical burns to internal organs. These may all be considered surgical errors leading to injury.

The Da Vinci system has its merits, but it has a long way to go before it can be all that it can be in surgery.

Lifting Injuries

Many workplace accidents involve injuries caused by lifting. While many people think that all lifting injuries are caused by trying to lift heavy objects, an injury can be caused by lifting light objects or by lifting something improperly. Usually lifting injuries affect a worker’s back, arms, legs, or shoulders, but they can also injure a person’s neck and cause any number of muscle strains. Lifting injuries can create uncomfortable physical conditions for workers, who may have to leave their jobs in order to treat these injuries. In these cases, finding some kind of income supplementation is almost always necessary, in order to prevent total financial dependence on other people. Luckily, many workers who sustain lifting injuries on the job qualify for workers’ compensation benefits.

According to the website of Hach & Rose, LLP, injured workers are able to apply for workers’ compensation that enables them to pay for the medical costs they incur as a result of their injury and any lost income caused by time spent recovering. Because workers’ compensation payments resemble normal paychecks, many injured workers are able to focus on recovering from their injuries without having to worry about money. This can be especially important for workers who suffer from lifting injuries, as these types of injuries can require long recovery periods.

Common Injuries

Lifting injuries are often unexpected as they can be the result of lifting one object just one time. Regardless of the cause of the incident, a person who suffers an injury when lifting an object may find themselves dealing with the following health problems:

  • Muscle tears
  • Nerve damage
  • Muscle strain
  • Herniated discs
  • Shoulder dislocation
  • Back injury / neck injury

Although these injuries may not seem detrimental early on, they have the potential to become so over time, especially if an employee works through the pain and doesn’t seek treatment. Ignoring an injury can only increase the chances of it becoming worse, and workers may, in the end, suffer even more pain than they normally would.

If you or someone you know has developed a lifting injury while at work, you may be eligible for workers’ compensation. Contact a qualified workers’ compensation lawyer today to see if you qualify.

Obtaining Short-Term Disability Benefits

When a person suffers an injury that leads to a physical or mental disability, a number of complications can arise. One common problem that many in this situation face is the loss of the ability to work in a regular job, which might mean the inability to financially support oneself. When you cannot work in a job on your own because of a disability, you might have to search for other means of financial support, even if your disability is likely to be only of short duration. Many with disabilities, when they know that the disability will be only short-term, seek Social Security disability benefits. These disability benefits resemble the paychecks that a person would receive at a normal job, and might make a tough financial situation easier to face.

While getting short-term disability benefits seems like a great option, many people also struggle to receive them. There are many obstacles that an applicant for short-term disability benefits has to overcome in order to get the benefits, the largest of which is actual approval. Sometimes getting approval by the Social Security Administration (SSA) can be the hardest part of applying for short-term disability benefits.

Common Problems

Many people have been rejected by the SSA due to errors made on their forms when applying for Social Security benefits. Some of these problems might include:

  • Filling out the wrong application
  • Providing incorrect or exaggerated claim information
  • Making a mistake regarding personal information

These problems can result in an immediate rejection for short-term benefits. While a person can reapply, most want approval the first time around because getting short-term disability benefits can be a lengthy process to begin with, and if a delay occurs, this process can be extended to an even longer period of time.

Getting help with obtaining short-term disability benefits can be easier than you think. If you or someone you know has suffered an injury that led to a short-term disability, and you need help getting compensation, contact an experienced Social Security lawyer today to discuss strategies.

Sexual Assault Or Molestation

Sexual assault and molestation are regrettably common crimes in America, frequently forcing the victims to endure severe physical and emotional trauma. These acts may be characterized by any form of unwanted sexual conduct, touching, or other activity, and frequently occur through force and abuse. Nobody should have to undergo such an experience, one for which there is no excuse for committing. In the unfortunate circumstances that an individual is subjected to sexual assault or molestation, they should not have to face their injuries and trauma alone. Victims of sexual assault and molestation have legal recourse to seek justice for the harmful crime committed against them, by holding the perpetrator liable for their medical bills and other losses.

Types of Abuse

Sexual assault and molestation are terms that do not refer to a specific act, instead used to describe a broad category of actions. Any action that forced, unwanted, and sexual in nature may constitute sexual assault and molestation. Following are several common types of abusive acts:

  • Rape
  • Unwanted physical contact
  • Inappropriate touching
  • Sexually abusing a child

Such actions are illegal and harmful, forcing victims to endure harm in several different ways. They are frequently forceful and unwanted, causing severe physical trauma and emotional distress. Additionally, they have a high risk of transmitting diseases and other health conditions that could have a lasting and adverse effect on the victims health.

Legal Options

If you have been the victim of sexual assault or molestation, you should consider holding the perpetrator liable for your medical expenses, trauma, and other losses. It may be in your best interest to enlist the services of a compassionate personal injury lawyer, who can help you protect your civil rights in court. Sexual assault and molestation may be treated as a civil or criminal case, and an experienced attorney can advise you on the best way to pursue the financial compensation that you may deserve.

Debts You Cannot Discharge During Bankruptcy

http://www.beustring.com/Chapter 7 bankruptcy is one of the most common forms of bankruptcy in the United States, because it can be applied to both individuals and to businesses. Many people choose Chapter 7 bankruptcy as their form of bankruptcy because it involves asset liquidation, which means selling your assets to pay off ones debts. Another aspect of Chapter 7 bankruptcy that makes it appealing for many is that oftentimes, when a person files for bankruptcy, his or her debts can be discharged, meaning that debtors will no longer be responsible for paying them back. While this is an attractive feature of
Chapter 7 bankruptcy, its important to understand that not every debt is dischargeable.

Understanding the difference between debts that are dischargeable and debts that are not dischargeable is extremely important if a person is thinking of filing for bankruptcy, and is counting on debt discharge. While many debts are dischargeable, such as home mortgage loans and vehicle payments, some are not dischargeable, including:

  • * Student Loans
  • * Unpaid Taxes
  • * Tax Liens
  • * Debts owed to the U.S. Government
  • * Child Support Payments
  • * Alimony Payments
  • * Debts from Willful or Malicious Injury
  • * Debts from Intoxication Lawsuits

These debts are not dischargeable through Chapter 7 bankruptcy, so a debtor who files for Chapter 7 will still be financially responsible for these debts. The best way to know which debts will be discharged and which may not is to discuss your particular legal and financial circumstances with a legal representative as soon as you decide to file for Chapter 7 bankruptcy.

Chapter 7 bankruptcy comes with many benefits for debtors, which is why its one of the most popular forms of bankruptcy. If you are thinking of filing for Chapter 7 bankruptcy and want to know more about debt discharge, contact an experienced attorney today to discuss your situation.

« Older Entries