To Whom Should You Entrust Your Criminal Defense?

In 2012, about 12,765 murder cases were reported in the U.S. and, during the past years, the U.S. Drug Enforcement Agency (DEA) has been making more than 30,000 arrests every year due to drug-related crimes.

Murder and drug-related crimes are very serious offenses. However, no one can ever guarantee that every suspect convicted is guilty of the crime he/she is accused of, especially if the defendant pleaded guilty and under a plea bargaining agreement.

Such is the case of 25-year old Rosa Sade Batts who was stopped by cops in an area that was well known for prostitution and drug trade. When asked if she carried a weapon or anything illegal, Batts said “no”; however, she said that she had baking flour (inside her purse) which she liked to eat.

Upon inspection of her bag, the cops found a black plastic bag which contained 6.95 grams of white powder and which had a long straw sticking up from it. The cops’ field-test kit identified the powder as cocaine and the cops themselves were convinced that it looked like cocaine.

Batts was arrested and charged with prostitution and possession of a controlled substance; she faced the possibility of 20 years in prison due to the amount of the alleged cocaine that she carried. The district attorney, however, offered her a deal: forgo a trial and plead guilty for minimum sentence. She accepted and began serving her sentence of two years in state prison.

Ten months after she started serving her sentence, a laboratory report revealed that the white powder found in Batts’ possession was not cocaine or any kind of controlled substance; she carried nothing illegal, but had to plead guilty just to save herself from spending what may be half her life in jail. Still a week later, Batts was released from prison and, after a few months, she was granted habeas corpus relief by the Texas Court of Criminal Appeals.

It is a wonder how hundreds, even thousands, of individuals can commit crimes, especially sex crimes, rape and child pornography. Equally surprising is how come there are lawyers willing to defend them.

According to one criminal defense lawyer from the law firm Horst Law, not all individuals who are charged with crimes by the government are guilty. Rarely does the “system” intentionally arrest and charge an innocent person, but false allegations by vindictive spouses, business partners, angry family members, and others with a motive are sometimes made.

There may be thousands of criminal defense lawyers available in your state, but only a handful may really be convinced that you are innocent until proven guilty. You may also be able to trust all criminal defense lawyers but, again, there may only be a handful who you can really work with and to whom you can and should entrust your case. Make sure you choose a criminal defense lawyer you can confidently feel at ease with.

More than 29 Million Drivers and Car Owners Continue to Drive Without Insurance

Records from the National Highway Traffic Safety Administration (NHTSA) show that from 1981 to 2007, fatal car crashes in the U.S. averaged to 44,000 annually; from 2008 to 2015 the average rate went down to 33,000, thanks to the modern safety devices vehicles have been equipped with as well as to the stricter implementation of road safety rules.

The NHTSA believes that vehicles are more crashworthy or safer than these have ever been. But though more crashworthy, fatalities still number to more than 30,000, while injuries, to at least two million. More disturbing than statistical data on fatalities and injuries, however, is the number of individuals and families left alone to suffer the painful economic and non-economic effects of motor vehicle accidents all because the drivers at fault in the accidents are uninsured.

Carrying auto liability insurance is mandatory in the United States. It was actually made compulsory in 1925 with Connecticut and Massachusetts being the first states to mandate it on all their drivers. Even way back then, automobiles already crashed and caused injuries and deaths; people, back then, also saw that cars will continue to crash, injuring people and damaging properties in the process. The problem, however, was not that vehicles crashed or collided with each other, but that injured innocent victims were left to suffer physically and financially because drivers at fault did not have the financial capability to pay them for their damages and losses.

Today, with more than 29 million drivers and car owners who continue to drive despite not having insurance, victims not being compensated is not a remote possibility. Due to this, according to the website of Schuler, Halvorson, Weisser, Zoeller and Overbeck, P.A., besides the required coverage for bodily injury and property damage, there are a number of states which also require drivers to have uninsured and underinsured motorist coverage to have protection in accidents wherein the at fault driver is either uninsured or underinsured, meaning drivers whose policy limit is not enough to pay the total amount of losses suffered by the victim.

Examples of Medical Negligence

You will find few folks we trust over our physicians. We confidence physicians and medical professionals our lifestyles, with our wellness, and in several cases our people. When this confidence is broken it is especially tragic then. That cannot get unappreciated, periodically the carelessness of medical professional leads to the damage of the patient although most medical experts do outstanding work every day. These circumstances, generally known as medical negligence, are all not too unusual and bring about the suffering of numerous clients every day.

According to the website of the Driscoll Firm, medical negligence means “the negligence or negligence of medical professionals leading to the injury or death of a large number of clients inside the USA each year.” This is a wide expression that could describe numerous instances, however, it’s more straightforward to understand by evaluating specific cases. One of many more modern examples could be Erb’s Palsy’s condition. Erb’s Palsy is a paralysis of the supply resulting to the top nerves from an injury. This is due to a variety of traumas babies are specifically vulnerable to it. An Erb’s Palsy lawyer may talk about this injury is frequently the result of harm that may be performed due to the medical professional’s error during birth.

Another instance with this will be the DaVinci Robots Surgery Lawsuits. In this instance, a surgical software found in millions of functions will be examined. Individuals have endured serious incidents due to this robot’s utilization, and many subjects are actually exploring the link. In this instance, most are fighting that their medical experts were not appropriately trained in the usage of this unit, creating their incidents- many of them fatal. Medical malpractice is something no one should have to experience. Patients of such instances as those described above may be eligible to specific problems.

Reporting the Slightest Sign of Defect in Your Car can Make a Huge Effect on Road Safety

In 2014, nearly a million vehicles with unreliable front passenger air bags were recalled by Nissan, while 2.4 million sedans with faulty taillights were recalled by General Motors. These two recalls by two giant car manufacturing firms were definitely big news; however, these were overshadowed by two other much bigger issues: the ignition system problem (ignition switch, ignition cylinder and key) that plagued 26.9 million vehicles from General Motors and Takata’s explosive air bag inflators, which is fitted in nearly 53 million vehicles worldwide (about 34 million are in the US). This issue involving Takata Corp. is, to date, the biggest auto-safety recall in the history of the car industry.

There are hundreds of other recalls that have been made by (sometimes, the same) vehicle manufacturers due to parts that are defective or which malfunction, such as transmission shift cables that detach, a seat belt cable that fails to provide proper restrain, fickle tail/brake lights, front seats that do not detect occupants (which would result to air bags not deploying during an accident), power steering that fails, electronics that can disable front and side curtain air bags and seat belt pretentioners, and so many others.

Recalls are made either by vehicle manufacturers (voluntarily) or by the National Highway Traffic Safety Administration (NHTSA) through a court order. This move becomes necessary when vehicles or vehicle equipment turn out to have a safety-related defect or fail to comply with minimum safety standards set by the Federal Motor Vehicle Safety Standards (FMVSS) and Regulations.

The Federal Motor Vehicle Safety Standards (FMVSS) and Regulations – guidelines to which manufacturers of motor vehicles and equipment items must comply with where manufacture of vehicles and vehicle parts is the concern, was issued by the NHTSA in order to protect the public against defective cars and malfunctioning parts which increase risk of injury or death (in the event of car crash). Specifically, these guidelines spell out minimum safety performance requirements for motor vehicles and parts, especially those parts that affect safe operation, such as the brakes, lights and tires, and those that will keep drivers and passengers protected from fatal or serious injuries in case of a crash, like air bags, child restraints, safety belts, energy absorbing steering columns and motorcycle helmets (all types of vehicles and vehicle parts are covered by these federal standards).

Defective cars and malfunctioning parts usually get discovered only after these have already caused injuries or death to unsuspecting vehicle owners. Thus, it is of utmost importance to report any suspected defect to the NHTSA. Similar complaints from different owners about the same car brand and model is signal to the NHTSA to conduct an investigation about the vehicle in question.

Today’s vehicles are equipped with increasingly advanced safety features. An Oklahoma personal injury lawyer would likely acknowledge, however, that these features become useless if there are manufacturing or design flaws. Manufacturing mistakes and flaws in vehicle design, as well as the failure to detect these, are signs of grave negligence and carelessness on the part of manufacturers.

Some Burn Injuries Will Not Go Away with a Kiss

The most common burn injury is from scalding. It could be a spilled cup of coffee, or steam rising from a pot of noodles. In most cases, these are minor injuries, and many of us have had our mothers had made the “boo-boo” go away by planting a kiss on the spot. As Sampson Law Firm personal injury lawyers say on their website, not all burn injuries are so easy to treat, unfortunately.

There are three levels of burns. The best kind (because it heals more quickly) is a first-degree burn. It only affects the first layer of skin, but since it also exposes the nerves, it is quite painful. The burned area becomes red and slightly swollen. It is important to run cool water or a wet cloth immediately on the area to keep the swelling down and minimize blisters. Do not use ice, as it will damage the skin more. Keep it open and apply an antiseptic solution if the skin breaks to prevent infection.

Second-degree burns are more serious and painful than first-degree burns because they go deeper down the skin layers. The skin looks wet, very red and blotchy. Second-degree burns can lead to fluid loss, so extensive injuries (more than 10% of the body area) can send a person into shock. There is also a greater risk of infection. A medical professional should treat any burn area more than 3 inches in diameter. For first aid of second-degree burns, cover any open blisters with a clean cloth or gauze pad. Do not attempt to remove any clothing stuck to the area. Healing takes about two weeks and you can expect some scarring for extensive burns.

The most serious is of course third-degree burns. These burn injuries go all the way down the inner skin layers, and may even penetrate deeper. The skin is effectively dead, so there will be no pain, but the surrounding skin tissue will be very painful and tender. People with third degree burns will experience considerable body fluid and heat loss, and can easily go to shock. They need immediate medical treatment. If the burn victim survives, they will have to undergo debridement (removal) of the dead skin, and skin grafting. This is a long, painful process, and scars are inevitable.

In many cases, negligence plays a part in causing serious burn injuries. If you have been a victim of negligence, you will need to seek compensation. You may face high medical costs, and long-term disfigurement. Contact a burn injury lawyer in your area for more information.

Uterine Sarcomas and Morcellators

The use of a power morcellator is the key factor that differentiates a laparoscopic surgery or minimally invasive surgery, such as hysterectomy (which is the removal of the uterus) and myomectomy (or the removal of uterine fibroids), from traditional hysterectomy procedures. A power morcellator is a medical device that is made capable of mincing or dividing large masses of tissues into tiny shreds for easy removal through small incision sites. Compared to Abdominal hysterectomy, one particular traditional procedure that requires a long incision on the abdomen (about 5 – 7 inches long), a laparoscopic surgery, however, due to the use of a power morcellator, only needs (four) 0.5 – 1cm tiny incisions, just enough opening to allow certain devices to be inserted into the body.

One major reason for a laparoscopic surgery is for the removal of uterine fibroids, which grow in the uterus. Now, according to the US Department of Health and Human Services’ Office on Women’s Health, up to 80% of women, especially those aged between 40 and 50, will develop fibroids.

These uterine fibroids, also called leiomyomas or myomas, are actually non-cancerous tissues, and most of which do not even have symptoms. However, according to the website of Williams Kherkher, potential symptoms may include pelvic pressure or pain, prolonged or heavy menstrual bleeding, rectal pressure, and frequent urination, making medical or surgical therapy quite a necessity.

Based on analysis of available data, the US Food and Drug Administration found that 1 in 350 women undergoing myomectomy or hysterectomy can possibly be infected with uterine sarcoma, which is a cancerous tissue. The problem with uterine sarcoma, however, is that its actual presence cannot be detected due to the lack of a method reliable enough to do so. Thus, during a laparoscopic surgical procedure, as the fibroids are morcellated or minced, the uterine sarcoma tissues get minced too and made to spread in the abdomen and pelvis, causing the further growth of cancer.

With alternative ways of removing fibroids (through traditional procedures) and the risks posed by the use of a power morcellator, the FDA decided to discourage surgeons, through the safety alert it issued on April 17, 2014, from further using the device in laparoscopic surgical procedures.

Surgeons began using power morcellators in 1995, after the device was approved by the FDA for use in laparoscopic surgeries. From the different brands that were made available in the market, three were highly acknowledged due to their great engineering design and capability to ensure optimum performance and reliability: the Gynecare X-Tract, the Gynecare Morcellex and the Morcellex Sigma – all from Ethicon, the power morcellator manufacturing unit of Johnson & Johnson.

Ethicon was actually the first manufacturer to respond to the FDA’s notice, which other manufacturers and some surgeons seemed to have ignored as there were some who still continued using the device. In the same year that the alert was issued, a number of women had already been diagnosed with an advanced stage of leiomyosarcoma, the type of cancer that developed from the spread of uterine sarcoma. While lawsuits have already been filed by these women, many others are expected to follow, considering the fact that more than 50,000 laparoscopic surgeries are performed all across the nation every year.

The Basics of Child Injury

The known lyrics of the song will probably go on for all the rest of time: “…the children are the future.” This statement has been echoed in most of literature alike for it resounds in its truth. And yet children are given the temporary privilege of ignorance and cannot, usually, be accounted for the misfortunes that are upon them. And so, the duty to carry on with life as safely and as responsibly as possible, is bestowed upon those who know better – for their own sake and for the sake of the children.

It is in that principle that allowing harm to come to children is one of the most appalling things one could ever accomplish and it is then the right and responsibility of parents or guardians of these wronged children to pursue justice when there has been wrong done to the child. Children are also highly impressionable and are likely to be shaped by traumatic experiences that might result in psychological disorders such as depression, anxiety, bipolar personality disorder, et cetera.

If a child suffers injury due to the negligence of another party, the offending party is liable to provide due compensation for the damage done, says the website of injury law firm Crowe Mulvey.

Children are also more fragile and delicate, ergo more susceptible to retain damage from an accident or injury. The most common charges that can come from a child injury are for medical costs and, if the child is employed, lost wages that incur as a result of the incident. Some accidents or injuries, however, can be lengthy – to the point that the child must then live with the injury, as well as the costs that come with the injury, for the rest of the child’s life. Compensation for those added costs must then be added to the charges pressed against the opposing party.

If your child has been injured due to the negligence of another party, it is recommended for you to seek legal aid immediately.

Electrocution as a Construction Site Hazard

We are surrounded by gadgets that use electricity so electrocution can happen anywhere at any time to anybody. Remember that teenager who woke up to find her pillow, blanket and some of her hair burnt off by an overheating smart phone because of a defective battery? While this was not a direct electrocution, the potential for injury through the resultant burn was high enough to cause concern.

But there are certain construction worksites that are undoubtedly a place where there is a high probability of electrocution, such as working on or near power lines. As pointed out in the website of Hach & Rose, even being in the vicinity of a power line or source in a construction site can pose a hazard such as when using a tool or machine running on electricity which isn’t grounded, or when the working surface is wet.

Construction workers often think of themselves as tough guys who are not afraid of getting a bit of juice now and again. But most people will die from a strong enough surge of power no matter how tough they are. In general, a 120V line will discharge 15 to 20 amperes of electricity which can give anyone a hard enough jolt to knock you off your feet. An electric shock of 50 or more amperes can kill you.

When dealing with electricity directly or indirectly on a construction site, it is best to take the following protective measures:

  • Keep as much distance from the electricity source especially power lines as the job will allow
  • Ensure the electric equipment you are using are double insulated and/or grounded
  • Use protective gear such as insulated gloves
  • Make sure the electrical source is equipped with circuit breakers to prevent overloading from a sudden spike in supply
  • Keep dry as water conducts electricity

In many cases of electrocution, the worker was inadequately trained or equipped to work with or in the vicinity of an electrical source with fatal consequences. When the contractor was negligent in preventing electrocution, the injured worker may have recourse in a civil lawsuit. Consult with a construction accident lawyer to discuss how.

Hypertension and Benicar

Hypertension, also known as high blood pressure, is a chronic medical condition wherein the pressure on the blood vessels is elevated above the normal. More than 90% of hypertension cases have no obvious cause (primary), but continued unmanaged hypertension can lead to many serious complications. According to the CDC, more than 30% of Americans over 20 have hypertension in 2012, about 67 million, and less than half have it under control.

There are many types of medication designed to control primary hypertension, and one of them is what is called angiotensin receptor blockers (ARBs) or sartans, sometimes also called angiotensin II receptor antagonists. They all sound pretty fancy, but what they basically do is keep the blood vessels from constricting (vasodilation) so that the blood flows more freely and the heart doesn’t have to work that hard. There are many ways to do this, but ARBs specifically blocks angiotensin II, a natural protein produced by the liver which narrows blood vessels.

Benicar (olmesartan) is a brand-name drug of the ARB class produced by Japanese pharmaceutical company Daiichi Sankyo and approved by the Food and Drug Administration (FDA) for sale in the US in 2002. There were some side effects associated with taking Benicar including dizziness and diarrhea, and it is a Category D drug, meaning that it poses serious dangers to a fetus and should not be taken by a pregnant woman.

However, it wasn’t until 2012 when the Mayo Clinic reported 22 cases of unexplained gastrointestinal problems which mimicked the symptoms of Celiac disease but tests showed it was not that it was suspected that Benicar may be more dangerous than was known. In the 22 cases reported, all were taking Benicar, and they had chronic diarrhea and significant weight loss from failure to absorb nutrients, which as an article on the Williams Kherkher website points out can lead to a number of health complications. It is now known Benicar can induce severe intestinal problems such as sprue-like enteropathy or villous atrophy, and the FDA ordered the label to reflect these risks.

In the meantime, patients who have been on Benicar for a prolonged period have found that the damage is extensive and irreversible. One patient was hospitalized for 100 days and now requires a feeding tube. If you have been seriously harmed from taking Benicar, you may be eligible to get compensation. Contact a dangerous drugs lawyer in your area and get more information on how to go about it.

Cloud Computing – Providing the Required Business Computing Applications

The rapid evolution of technology plus the accumulation of valuable company data require giant and small business firms alike to find new ways to greatly improve their network, applications and servers. This is to better reach and serve clients, give knowledge workers faster and better access to information and, more importantly, to enable firms to stay competitive in their field.

A very recent move by bigger firms for more effective services and greater efficiency in performance is the employment of a premise-based and off-site computing service, called cloud computing. Cloud computing is rendering quite obsolete the very complicated and costly applications some businesses still use today. Besides the need for various hardware and software, traditional business applications also necessitate a team of experts, who need to install, test, configure, run, update and secure them.

In cloud computing all the user needs to do is customize the app after opening a browser and logging in. Hardware and software management becomes the concern of an expert vendor, who will provide the firm the specific service and application, including automatic upgrades.

Besides being more cost effective, cloud computing offers a variety of applications, including accounting, HR and customer relationship management (CRM). These great factors, plus a lot more, have already made thousands of companies move their applications to cloud computing.

Cloud computing continues to become popular and many more companies are expected to use it this coming year. The rapid technological advancement and the ever increasing volumes of data simply point to the need for a more cost effective way to work. So many companies have already seen cloud computing to be the latest solution to this need. It will not take long before many others do too.