While dropping insurance may seem necessary in the short term in order to meet other financial obligations, it could easily come back to bite them, should a large medical malpractice judgment force a hospital to declare bankruptcy. Many states do not require hospitals to carry malpractice insurance. In some area hospitals in Chicago, New York, Philadelphia and Florida, the cost of malpractice can seem prohibitive to hospital executives, so they gamble and hope there won’t be dire consequences if they forego malpractice insurance.

New York State Department of Health surveyed “self-insured” hospitals in 2009 and found that one dozen New York-based hospitals acknowledge that they did not carry malpractice insurance and instead were partially self-insured or had some mix of primary coverage and excessive coverage. In addition, several hospital administrators stated that the house physicians had their own, subsidized insurance.

When they do not have malpractice insurance, some hospitals have a separate reserve of funds with which they plan to cover claims, but according to The New York Times, several hospitals investigated did not have sufficient funds in case of a large malpractice judgment, while two had no funds set aside at all.

Hospitals are cutting costs in other ways too, which sometimes means an actual denial of services. In Ohio, for example, some smaller hospitals no longer offer obstetric deliveries due to rising costs; malpractice insurance for obstetrics is particularly high. According to the Ohio Department of Health, there are 23 counties in Ohio that do not offer maternity units in their hospitals, with 19 separate hospitals no longer offering maternity services since 2004.

When an uninsured hospital becomes bankrupt, the creditors—which can include malpractice plaintiffs—often find they are unable to do anything but accept less of a payment than they were awarded via litigation.

Nathan Williams is a Brunswick personal injury lawyer, Brunswick divorce attorney, criminal defense and Brunswick DUI lawyer in Southeast Georgia. Visit http://www.thewilliamslitigationgroup.com or call 1.912.264.0848.

It’s obvious what kind of physical repercussion an attack can have on a victim, but most people have no idea how dog bite laws can affect them, too, such as the “first bite” or “one bite” rules.

Most states follow the “one bite rule,” which says that owners are not liable for a dog’s first attack provided the owner was not negligent in some manner. The rule, however, does not apply if the owner had previous knowledge that the dog was aggressive or dangerous, or had a propensity to harm people.

In Georgia, it can be difficult for dog-bite victims to prove that an owner was negligent. To do so, the incident must pass a two-part test.

“First, it must be proven that the dog had a previous tendency to bite or attack people and, second, that the owner had knowledge of such behavior,” said Robert Webb of the Atlanta-based personal injury law firm Webb & D’Orazio.

The other way to prove liability against a dog owner under the state statute is to show that the owner violated a local or county leash law when the event occurred.

Statistics show that when dogs attack, the most common victim is a child. Dog attacks cannot only bring physical scars to youngsters, but emotional ones too that lead to a fear of animals for the rest of his or her life.

“In the wake of a dog attack, it is important to understand the particular procedure that may follow, in regard to filing a dog bite lawsuit and seeking financial compensation for your injuries,” Webb said. “If you would like to discuss whether you may have grounds for a civil lawsuit against the owner of the dog that was responsible for your injuries, you should seek the advice of an experienced Atlanta personal injury attorney.”

To learn more, visit http://www.webbdorazio.com.

Each state in the United States sets its own statute of limitations, which can vary from one to six years. Here in the Peach State, the limit is two years from the date of injury. For a minor, however, the situation is different: The statute of limitations does not begin until the minor has reached 18 years of age. That means if a youngster is injured at age 14, he or she may file to recover damages up until the age of 20.

“Sometimes after an accident, it is immediately clear whether you are injured,” said Robert Webb, of the Atlanta-based personal injury law firm Webb & D’Orazio. “At other times, it is not. It is in your best interest to retain an attorney to help you settle your claim in a timely and efficient manner.”

Personal-injury accidents can be physically and emotionally damaging so it is important to find a lawyer who shows both zeal and compassion.

When considering filing a formal claim, there are several steps that one can take to help the claim process along. Many of these actions can be taken by the injured person’s attorney, too, of course. The steps include:

•Making notes of the incident. What happened? What are the injuries? What were the circumstances and conditions surrounding the incident? When did it occur?

•Keeping evidence of what caused the accident, if possible, and taking pictures to illustrate important details about the incident.

•Taking note of important witnesses who can verify what happened and help the injured person prove his or her case. Find out how an attorney can get in touch with them at a later date.

“If you or someone you know has experienced a personal injury, you should seek the advice of an experienced Atlanta personal injury attorney who can help you seek justice for your injuries,” Webb added.

To learn more, visit http://www.webbdorazio.com.

Usually one of the first things that a criminal defense lawyer does when someone has been accused of committing a crime is to contact a private investigator. Ultimately, it is expected that this step will garner the accused the very best possible defense by finding additional facts and details pertaining to the case. But many defendants don’t know what the investigator does for them.

“More often than not, the private investigator digs deep to find hidden information about your case. They get a wide variety of facts from various sources, including using the computer to track files or a digital trail. These days, a necessary skill is the ability to tackle encrypted files, determine if passwords have been altered and/or if certain documents have been deleted. The 21st century has created an electronic milieu for everyone to conduct their activities. However, they leave traces of what they did and where they’ve been that may be tracked later,” said Robert Webb, of Webb & D’Orazio, personal injury lawyers practicing personal injury law, business law, and criminal defense in Atlanta Georgia.

A good detective looks at all the various angles of a case to see who else may be involved, who may be building a case against you, what they are looking for and any inconsistencies or holes the defense could utilize while in court. Public and private records are scoured from top to bottom in the search for evidence the defense may use. “And if we need a certain witness, the investigator will track that person down in order for us to build a solid criminal defense case,” Webb said.

While not all law firms use private investigators, they definitely have their use when it comes to helping a criminal defense lawyer build a good case for a person accused of a crime. Investigators work with witnesses, various types of surveillance equipment and work legally and ethically – or they could not present the evidence in court.

“If you need a tenacious criminal defense lawyer, give us a call. We’ve got your back and have ‘been there and done that’, so we know the system. Let’s talk about your case,” Webb said.

To learn more, visit http://www.webbdorazio.com.

Anyone who has ever been through some kind of medical treatment is likely aware that just one slip up, one small mistake, one misunderstanding can result in medical malpractice. Unfortunately, even though the medical profession does a fine job under difficult circumstances, bad things do happen and patients get improper treatment or the wrong treatment altogether.

The wrong treatment puts a patient’s health and welfare on the thin edge of the razor; a fine line to walk when dealing with another person’s life. The wrong treatment means the real cause of the illness is undetermined and untreated, which means the patient will get worse. The long-term consequences of this medical missed diagnosis may result in serious harm or death.

“Typically, improper treatment may happen in a variety of ways,” said Robert Webb, an Atlanta personal injury lawyer with Webb & D’Orazio in Georgia. “For example, the patient gets either not enough medication or too much or the individual is treated for the wrong illness/disease, because they were misdiagnosed.”

While there are other things that may happen to an unsuspecting patient, the other most common error is when a health services worker (doctor, nurse, charge nurse, etc.) makes a clerical error and a patient gets the wrong medication. “Of course, any of these scenarios may cause irreversible harm to someone or kill them and if you have been in a situation like this and lived to tell the tale, you will want to discuss your case with an Atlanta personal injury lawyer,” Webb said.

The major difficulty with not treating a disease is that it continues on its course unabated and may, over time, become untreatable. Those who have been victims of improper treatment may very well be entitled to financial compensation for their medical malpractice injuries. “If you have any questions about a situation you have been in, give me a call. I would be happy to discuss your case with you,” Webb said.

To learn more, visit http://www.webbdorazio.com.

People have a passing idea of what a personal injury is – something that hurts or harms them personally. They also mostly understand that they may be able to be compensated for personal injuries if their case may be proven in a court of law. Despite the basics that people “get,” there is another fact that isn’t discussed too often. That fact is that there are, generally speaking, two classes of personal injury litigation.

The two classes of personal injury litigation are cases of negligence and cases of intent. In some instances lawyers will divide these cases into specialties. Generally speaking, cases of negligence mean that harm or injury has been done to a person because of the negligence/carelessness of someone else. In these cases, the victim has to prove the defendant had a duty of care to exercise reasonable caution, and didn’t – resulting in harm. To put this another way, the defendant breached a duty of care.

In instances of intentional torts, there is a very clear “intention” behind someone’s wrongful actions. This is an interesting area of the law, as it doesn’t matter if the injury was more excessive than intended. The facts are that there was “intent” and that kicks the case into the intentional tort arena. Compensation in these cases is hard to obtain, as insurance companies don’t provide coverage for things like this. The victim may still pursue the case to make sure the defendant is punished for his or her wrongful intent.

Since these types of cases are so diversified and each one has its own set of circumstances, it’s wise to consult with a personal injury attorney who is able to assess the merits of the case. The attorney will be able to advise if there is the possibility of compensation or not. Don’t refrain from contacting a highly skilled personal injury attorney because the case may not be clear-cut, as every case has its merits. The attorney will advise on the best route to justice.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

There are a number of things that someone could be sued for, and we’re going to discuss a few or the more common ones to be on the lookout for, such as a criminal investigation. One would hope that the business would never have to face something of this nature, however, depending on which industry the business is operating in, there could be as many as ten or more regulating agencies. Imagine how many things could inadvertently go wrong with that kind of government regulation.

The disturbing thing is that there appears to be a trend to target business owners, executives and the businesses themselves for investigation and prosecution of whatever rules and regulations they may have breached. It’s almost a daily news item to read about yet another company up for scrutiny for some kind of white-collar crime.

In order to ensure mostly smooth sailing, a business is best advised to offer to cooperate with all government inquiries, so long as they make sure they have an experienced attorney to field any questions that arise. This is a matter of making sure everyone knows what their constitutional rights are and what procedures are acceptable to follow during a criminal investigation.

Another area that is seemingly inevitable, is the suit filed by an employee. There are so many different types of lawsuits that may be filed; it almost boggles the imagination – from age discrimination to wrongful termination, or from pregnancy discrimination to racial discrimination.

One of the best ways to avoid this type of a lawsuit is to ensure the business has exceedingly clear rules and policies drafted by a knowledgeable attorney. Stick to the rules, treat the employees with the utmost respect, and make sure your rules and policies are continuously updated.

Interestingly enough, the other area that tends to crop up fairly frequently in business lawsuits is divorce and marital problems. Most people don’t give this a lot of thought, but any contracts that deal with the business should specifically discuss this eventuality (divorce), as it may affect how business is conducted.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

The administration of anesthesia is a delicate art, and those trained in the field are highly skilled in using and monitoring the effects of anesthesia. This isn’t to say there aren’t instances where this goes awry. The recent spate of anesthesia malpractice lawsuits is a good indication that this area of medicine is just as susceptible to lawsuits as other more traditional areas of medical malpractice, e.g. misdiagnosis, severe reactions to drugs, etc.

Knowing the patient prior to putting them under for surgery is the responsibility of the anesthesiologist and requires that they not only evaluate the patient, but also confirm pre-op data and keep a meticulous record of the goals of the operation. These records must contain all pertinent information about every member of the surgical team and must also include the fact that the patient was assessed for tolerance to certain anesthesia.

While the patient is under, the anesthesiologist is responsible for the correct placement of IV lines, keeping track of the ECG, oxygen levels, and the automatic blood pressure cuff. In addition, they also take the lead role for intubating patient airways and the handling and administration of the anesthesia, medicines and oxygen, etc. Every task the anesthesiologist performs becomes a part of his or her records. These records may be examined as part of a trial.

When you stop to take a look at the role the anesthesiologist has in operations, it’s not too difficult to imagine something going wrong before, during or after the surgery. Things can and do happen. Every time an anesthesiologist performs their crucial part of an operation, their intentions are to do the best job they know how to do. Rarely are their intentions to botch things up. However, if an error in judgment is made, or something else goes wrong, the patient is the one who suffers the consequences of negligence.

If you feel that you have been a victim of something that went wrong while you were unconscious and being operated on, contact a skilled medical malpractice attorney. S/he will evaluate your case and advise you on how to proceed to justice.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Generally speaking, the term medical malpractice means negligence caused by health care professionals leading to injuries or the death of a patient. Medical malpractice has no particular method or place in which it strikes. It just happens to anyone, anytime, when they least expect it.

At one time medical malpractice wasn’t as prevalent, or more likely, was not recognized for what it was; thus, it went unreported. It is a situation still present today, as many people don’t realize they have been or are a victim of med mal. It is far too ingrained in society not to question the wisdom of doctors when, in fact, we should always ask questions as well as be our own medical advocates.

This is something not many people know: at the time of the first visit to a physician, the health of the patient is NOT the responsibility of that doctor; however, it becomes the responsibility of the doctor once treatment has commenced. A smart patient needs to keep track of doctor’s appointments, diagnosis, prescriptions and treatments.

So, what types of medical malpractice are there – the most common ones? Malpractice may happen at any time thanks to a delay in treatment, the result of medications prescribed, or even as the result of improper monitoring and/or administration of anesthesia.

In general, the most common forms of medical malpractice are birth injuries and defects, wrongful death, surgical errors, cosmetic surgery errors, breast implant malpractice, dental errors, psychiatric malpractice, and unnecessary surgery. No matter what the malpractice may be, be it a breast cancer misdiagnosis to mismanagement of a heart attack, the patient has the right to file a medical malpractice lawsuit and seek compensation for damages.

A word or two of advice about filing a medical malpractice lawsuit: do not wait or you will miss the statute of limitations. Most states have a two-year limitation, but don’t assume that is the case. Speak to a highly qualified attorney and find out what the statute of limitations says in your state.

If you choose to wait longer than two years, your chances of getting compensation drastically drops, statistically speaking, which isn’t to say you may not get compensation, but the chances of doing so are low. If you think you are a victim of medical malpractice, seek competent legal counsel to obtain justice.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Being able to search online for an active arrest warrant certainly gives new meaning to the term “too much information.” Imagine finding out that the traffic ticket which was never paid way back when, went to a bench warrant. Now this could be a blessing or a curse, depending on your point of view, as the police have the same information.

This means that if a person thinks they have an outstanding ticket and wants to deal with it and get it off his or her driving record, they need to know the status of the ticket. “Finding this out online will avoid the inevitable arrest if courthouse records are searched instead,” said Wannamaker.

There doesn’t have to be a lot of money spent to find out if there are outstanding tickets either. Many of the online search sites happen to be free, so don’t be attracted to the expensive sites that charge for searching a police site; when for zero investment, another site will provide the same information.

Taking this kind of search one step further, it is not too difficult to imagine that in the future the general public will be able to search for even more information than just online warrants. In fact, even today there are some sites that will allow people to search for arrests and convictions.

“This kind of information floating around on the Internet is a major concern to attorneys who realize this is a direct violation of a person’s right to privacy,” indicated Wannamaker. The biggest concern is that the records may not be up-to-date, and there is no guarantee of accuracy either. “It doesn’t take too much of an imagination to see what might happen if an online site has an outstanding warrant for a particular offense (say for instance, unpaid traffic tickets) but not the updated fact that the offender paid the fine two weeks ago,” explained Wannamaker.

This whole area of criminal information, charges, dispositions, etc. on the Internet is highly controversial and many attorneys would rather this kind of information be kept away from the general public who has no experience in correctly interpreting the charges or the disposition of them.

“As with anything dealing with the legal system, everything is relative to the circumstances of the case and any criminal defense attorney with extensive experience in this area will tell you a case may change on the drop of a dime,” added Wannamaker.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

It’s a slightly simplified explanation of the differences in how a crime is charged to say there is a crime, and then an aggravated version of the same crime. This term is bandied quite often on TV when the cops and attorneys get their heads together to figure out what to charge the perpetrator with and how “aggravating” the crime was in totality.

Aggravating is living with your ex spouse, but aggravating in reference to a crime is something different. There needs to be certain factors present in order to charge a crime as an aggravated one; say aggravated assault, for instance.

“The factors that need to be present may include whether or not there was a dangerous weapon involved, if there was a threat to use a dangerous weapon, and if bodily harm was caused as a result of the crime in question, etc,” explained Daniel H. Wannamaker, board certified criminal defense attorney of Wannamaker and Associates, an Austin law firm with offices in Dallas and Houston.

“The factors are what “converts” a regular crime to an aggravated crime, and while that may sound simple enough on the surface, it rarely is,” said Wannamaker, who would definitely know what he is talking about, since he deals with many cases such as this on a regular basis. There may be the crimes of aggravated assault, aggravated battery and even aggravated murder. “Although having said that, what makes a murder an aggravated one is slightly different,” added Wannamaker.

In cases of aggravated murder, not only do the factors mentioned earlier apply, but also the key to the charge being changed from murder to aggravated murder has to do mainly with the location and situation of the murder. “The best example I can think of in this instance is the murder of an inmate by another prison inmate, while in prison. The location makes the charge aggravated murder,” explained Wannamaker.

Generally speaking most aggravated crimes tend to have higher penalties attached to them; however, each case is different and involves different factors. “If you’re in a situation where you have been charged with an aggravated crime, call me, we need to talk about your options,” said Wannamaker.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

“Aggravating factors that need to be present may include whether or not there was a dangerous weapon involved, if there was a threat to use a dangerous weapon, and if bodily harm was caused as a result of the crime in question, etc,” explained Daniel H. Wannamaker, board certified criminal defense attorney of Wannamaker and Associates, an Austin law firm with offices in Dallas and Houston.

“The factors are what “converts” a regular crime to an aggravated crime, and while that may sound simple enough on the surface, it rarely is,” said Wannamaker. So, there may be the crimes of aggravated assault, aggravated battery and even aggravated murder. “Although having said that, what makes a murder an aggravated one is slightly different,” added Wannamaker.

In cases of aggravated murder, the key to the charge being changed from murder to aggravated murder has to do with the location and situation of the murder. “For instance, the murder of an inmate by another inmate, while in prison. The location makes the charge aggravated murder,” explained Wannamaker.

Generally speaking, most aggravated crimes tend to have higher penalties attached to them; however, each case is different and involves different factors. “If you’re in a situation where you have been charged with an aggravated crime, call me, we need to talk about your options,” said Wannamaker.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

This means if a person thinks they have an outstanding ticket and wants to deal with it and get it off his or her driving record, they need to know the status of the ticket. “Finding this out online will avoid the inevitable arrest if courthouse records are searched instead,” said Wannamaker, “which is good; however, if the records are not up-to-date, that’s a problem.”

It is not too difficult to imagine that in the future the general public will be able to search for even more information than just online warrants. Even today there are some sites that will allow people to search for arrests and convictions and other information.

“Information like that floating around on the Internet is a major concern to attorneys who realize this is a direct violation of a person’s right to privacy, even if they have committed a crime and are doing or have done time for it,” indicated Wannamaker.

“It doesn’t take too much of an imagination to see what might happen if an online site has an outstanding warrant for a particular offense (say for instance, unpaid traffic tickets) but not the updated fact that the offender paid the fine two weeks ago,” said Wannamaker.

“As with anything dealing with the legal system, everything is relative to the circumstances of the case and any criminal defense attorney with extensive experience in this area will tell you a case may change on the drop of a dime,” added Wannamaker.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

To begin with, the most serious crime in the U.S. and other places is murder, often punishable by death or life without parole, depending on the state where the murder took place. Having said that, if a death cannot be classified as a murder it is usually considered to be a form of manslaughter and does not get the same kind of severe penalties.

“What puts murder on a different page is the mental status of the offender,” said Daniel H. Wannamaker, of Wannamaker and Associates, an Austin, Texas law firm with offices in Dallas and Houston. Legally speaking, the mental component (mental state) is referred to as premeditated malice. “You might recognize the phrase in another form often found in crime novels and termed as “malice aforethought,” added Wannamaker. If there is no premeditation prior to the commission of the crime, then the act is usually classified as another form of homicide.

There are usually exceptions to this rule and the major one would be if a death happens during the commission of another felony, e.g. an armed robbery resulting in a death. “Basically the charge of murder results from the facts of the case itself, and each case is unique,” said Wannamaker. If a person knows what the police are booking them for, this makes it easier for a skilled criminal defense attorney to start fact gathering, investigating and sorting out what happened.

How a person is charged directly relates to the facts of the particular case and how the death, if there was one, occurred. This isn’t to say that a lesser offense is “lesser” in terms of penalties or consequences; it simply means the offense is not as great as premeditated murder. “There are many distinctions to be made between murder, manslaughter, involuntary manslaughter, etc.,” explained Wannamaker. Knowing these various distinctions is the attorney’s job and one they are paid well to perform.

If a murder or manslaughter charge is looming on the horizon, don’t waste time thinking about the cost of a criminal defense attorney. Call Daniel H. Wannamaker, of Wannamaker and Associates, an Austin, Texas law firm with offices in Dallas and Houston and ensure justice is served.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

If there is a burglary roughly every 15 seconds in the U.S, think about how many break-ins that represents. That’s a lot of stolen property being hawked someplace, never to be seen again. Sadly, it’s not just burglaries that are on the rise, so are home invasion robberies, which take place when the residents are at home. The old maxim about the home being a man’s safe haven sure is taking a beating these days, when nothing seems to be safe or secure any longer.

Many of the burglaries take place in homes that are not protected by any type of security system, largely because the homeowners don’t feel that anything will happen to “them.” Nothing could be further from the truth, as crime stats show that homes without a security system are two to three times more likely to be targeted for burglary. The funny thing is that there are actually people who do buy a home security system, but leave it turned off.

If a person is charged with a burglary, or home invasion, make it a point to immediately contact a highly skilled and board certified criminal defense attorney such as Daniel H. Wannamaker of Wannamaker and Associates, an Austin, Texas law firm with offices in Houston and Dallas, Texas. Wannamaker has an extensive track record defending those charged with a variety of criminal offenses and his reputation for wins is second to none.

“Everyone is entitled to a criminal defense, no matter what the circumstances,” outlined Wannamaker. “The fact that a client might have been present at the scene of an alleged burglary is not proof in and of itself that she or he is guilty of burglary, or any other related crime for that matter,” he added.

“Know what you are charged with before calling me, as it saves me having to make extra calls before being able to speak with you,” explained Wannamaker. “Also, if I know what you are being charged with, I have an idea of the requisite elements that need to be present for the police to charge you in that manner. If all the I’s aren’t dotted and the T’s crossed, then I might be able to get the charges dropped,” he added.

Calling a highly skilled criminal defense attorney will be one of the best investments a person could ever make when they are faced with being charged with a criminal offense. With attorneys such as Dallas criminal defense lawyer, Daniel Wannamaker, a person’s fate facing criminal charges is much better than trying to handle something like this without an attorney.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

Each case that carries a charge of assault will be different depending on the facts of the case. So before you contact a lawyer to assist you with your case, make sure you know specifically for what you are charged. Knowing this will make your lawyer’s job a lot easier. For instance, depending on how the case is charged, the penalties may range (without mitigation or other intervening circumstances) from 180 days up to 4 years in the hoosegow, depending on the facts of the case.

It’s safe to say that, technically speaking, assault is a crime against a person or persons. Yes, this is pretty vague, but once the case gets to court, the judge will usually expand the definition so the jury (if there is a jury trial) understands the case at bar. For instance, if the charge is assault (bodily contact) on a person without their consent, it is indeed assault. However, having said that, any violent act toward another individual without consent (the defining element) is also assault.

Often the terms assault and battery are partnered up, however, more often than not, battery is really a different kind of assault in a category of its own. In order to distinguish the differences as it pertains to what you are charged with, it’s wise to speak to a highly skilled criminal defense attorney. Give your attorney all the details, holding nothing back, and let them outline what options you may have for the charges you’re facing.

Having a highly skilled criminal defense attorney on your side is a good thing and it may mean a mitigated sentence. Once the attorney has the details of your charges they may be able to offer several options for handling your case – get the charges dropped, reduced, thrown out of court or possibly negotiated into an alternative justice program. The choices of course are ultimately yours once you have consulted with your attorney.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

It used to be that white-collar crime was an occasional, rather unusual kind of event, that people found shameful. Now, with the advent of the computer and other high tech software, programs, etc., the whole landscape of white-collar crime has changed. Computers have made things much easier for those with a criminal mind to fiddle with the books and other things.

Despite the fact that white-collar crime seems to be easier to commit, those who commit it are, by law, entitled to a well thought out criminal defense. They must be accorded that benefit of the doubt, as it is a very basic law of the Constitution that those who stand accused of crimes must be considered to be innocent until they are proven guilty.

White-collar crimes are mostly non-violent and usually involve the use of deception or trickery by a person who is in a position of trust and authority. What usually makes a white-collar crime slightly easier to track is the presence of a paper trail, or an electronic trail that investigators follow to the eventual “end” with the smoking gun. The problem is that just because a certain smoking gun may be an executive’s computer, it does not prove it was “that” executive who committed the trickery.

Further controversy swirls around the actual definition of white-collar crime, with many advocating that it should be defined by the status or occupation of trust the offender has. On the other hand, there is another school of thought that feels white-collar crime needs to be delineated by the offense committed – e.g. racketeering, perjury, computer fraud, etc. Actually, the bottom line would not be the definition of the crime, but whether or not the accused has access to a good criminal defense lawyer.

White-collar crime has nowhere to go but up, thanks to the Internet, which has created a whole new playground for economic crimes to be perpetrated. Apprehension in these instances is usually quite difficult, and proving a particular person is guilty becomes a whole different proposition. If you feel you have been wrongly accused of a white-collar crime, or are about to be charged with one, contact a criminal defense lawyer with experience in this area. That one phone call may keep you out of jail.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

Drug trafficking is also called the illegal drug trade and it’s considered to be a serious offense in Texas if someone is caught doing what comes naturally for drug traffickers. The broad definition of “illegal drug trade” is more than just trafficking. “It pertains to growing, selling and distributing any type of illegal drugs,” explained Daniel H. Wannamaker of Wannamaker and Associates, an Austin, Texas, law firm with offices in Houston and Dallas.

Note the use of the term “any” when referring to the kinds of drugs that are chargeable under Texas laws. “What this really means is that charges are most often dealing with large amounts of drugs,” indicated Wannamaker. If any of these drugs in question has been muled over the border, the penalties increase, not to mention the fact if there are priors in drug related offenses, the court isn’t going to be very lenient if there is a conviction.

Texas is riding herd on drug traffickers and there is one thing we should never forget – people’s rights under the U.S. Constitution. “I’m a criminal defense attorney because I am passionate about people having their rights and freedoms protected,” said Wannamaker.

“Just because someone is charged with a drug offense doesn’t always mean they are guilty. We need to remember the basic foundation of criminal law – Innocent until proven guilty,” said Wannamaker, of Wannamaker and Associates, an Austin, Texas, law firm with offices in Houston and Dallas.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

“I’m honestly not sure if making more things that are drug-related into criminal acts is the best way to solve the drug problem, as usually it is linked to personal issues, not the drug itself. In other words, addict’s problems generally started before taking drugs, and then get worse after starting drugs,” opined Daniel H. Wannamaker of Wannamaker and Associates, an Austin, Texas, law firm with offices in Houston and Dallas.

The drug doesn’t cause the addiction, the personality who takes drugs is already pre-disposed to having addictive behaviors and if it wasn’t drugs, it may be alcohol, gambling, sex or work addictions. In addition, making more laws means more police, more enforcement, more chances for the miscarriage of justice and even greater opportunities for the abuse of human rights under the Constitution.

Think about this as well. “Where will the money for more law enforcement come from when the nation’s deficit is staggering and we’re currently in a nasty recession?” questioned Wannamaker. While it’s a nice gesture to make people think that more aggressive laws and more police on the streets will address the drug problem, the fact is the drug problem has been with us for years. “We’re only seeing more of it thanks to the drastic downturn in the economy,” Wannamaker pointed out.

These days what is illegal and how strict the penalties are for being caught vary from state to state. “It’s a given that things like marijuana, ecstasy and LSD are illegal, but so is taking prescription drugs without a prescription,” added Wannamaker. Yes, there’s a booming business through drug traffickers for prescription drugs, including some highly recognizable painkillers such as Oxycontin, Codeine and Dilaudid.

It’s not just using the drug that is illegal; even possessing certain drugs is considered to be a criminal offence. “Then there is also the offense of trafficking as well,” said Wannamaker. In all of this rush to codify having drugs, using drugs, selling drugs and importing drugs, an important factor usually gets overlooked, either through carelessness or intentionally. “That factor is the right of the person charged to be regarded as innocent until proven guilty,” insisted Wannamaker who knows this fact all too well since he is a board certified criminal defense lawyer.

“We cannot, as a nation, override people’s constitutional rights and assume they are automatically guilty of a crime if they had some “weed” or whatever in their possession. Things are not always what they appear to be, and that is why we have criminal defense attorneys – to defend people’s inalienable rights,” said Wannamaker.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

We should never forget people’s rights under the U.S. Constitution. “I’m a criminal defense attorney because I am passionate about people having their rights and freedoms protected.”

“Just because someone is charged with a drug offense doesn’t always mean they are guilty. I do not give up until my client has an equitable disposition for the their criminal charge,” said Wannamaker, of Wannamaker and Associates, an Austin, Texas, law firm.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamkerlaw.com.

In addition, making more laws means more police, more enforcement, more chances for the miscarriage of justice, and even greater opportunities for the abuse of human rights under the Constitution.

“Where will the money for more law enforcement come from when the nation’s deficit is staggering and we’re currently in a nasty recession?” questioned Wannamaker. The fact is the drug problem has been with us for years. “We’re only seeing more of it thanks to the drastic downturn in the economy,” Wannamaker pointed out.

“Things like marijuana, ecstasy and LSD are illegal, but so is taking prescription drugs without a prescription,” said Wannamaker. Yes, there’s a booming business through drug traffickers for prescription drugs, including some highly recognizable painkillers such as Oxycontin, Codeine and Dilaudid.

“There is also the offense of trafficking as well,” said Wannamaker. In all of this rush to codify having drugs, using drugs, selling drugs and importing drugs, an important factor usually gets overlooked. “That factor is the right of the person charged to be regarded as innocent until proven guilty,” insisted Wannamaker who knows this fact all too well since he is a board certified criminal defense lawyer.

“We cannot, as a nation, override people’s constitutional rights and assume they are automatically guilty of a crime if they had some “weed” or whatever in their possession. Things are not always what they appear to be, and that is why we have criminal defense attorneys – to defend people’s inalienable rights,” said Wannamaker.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamkerlaw.com.

Very few civil cases, with the possible exception of some of the big headliners recently, garner much interest simply because they are not as juicy as a criminal case. Big criminal cases often have a following of “groupies” that will show up in droves at a courtroom so they may watch the drama unfold.

While you might think the cases aren’t that different, in actuality, they are quite diverse. Verdicts and rulings are areas in which you will see a significant difference. Defendants in criminal trials have a lot of things at stake, not the least of which may be their freedom. Criminal trials may also result in some serious types of punishment.

With crimes there are two categories, the felonies (with severe punishments) and the misdemeanors (less severe punishments.) For instance, first-degree murder may receive life without parole or death, depending on which state the crime was committed, etc. On the other hand, generally speaking, misdemeanor charges may result in fines, probation, community service, and/or jail time, etc.

In civil cases, the question isn’t so much culpability, but liability. These cases deal mostly with issues involving personal injury, contract disputes, real estate squabbles, and divorces. The plaintiff sues the defendant to complain of a wrong that was done to them.

In a civil case, the plaintiff is responsible to build a case to show a civil wrong. Getting a verdict in a civil case doesn’t require meeting the same high standards as criminal cases. In civil cases, all the plaintiff has to do is convince the jury it was reasonably possible the defendant was responsible for the complaint. The burden then shifts to the defendant to prove they are innocent.

This is just the tip of the iceberg when it comes to the differences between civil and criminal proceedings, but if you wish to know more, feel free to research it online.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, Wannamakerlaw.com.

Apparently, the problem of drug manufacturing is reaching an all time high in the U.S. and is causing untold social problems including mental, emotional and financial hardships for families caught in the tangled web of addiction. It has apparently gotten the U.S. government so concerned that there are rumors they will find a way to increase the number of law enforcement officers on the streets to fight this crime.

While there may be some people who indulge in drug manufacturing and don’t think twice about the consequences of what they are doing, this does not mean that if an investigation is conducted, the right people are actually charged. “It might also mean the investigation was not done in accordance with people’s rights and freedoms under the U.S. Constitution,” stated Daniel H. Wannamaker of Wannamaker and Associates, an Austin, Texas, law firm with offices in Houston and Dallas.

“Above all else, the basic right for anyone charged with a criminal offense is the right to be considered innocent until proven guilty. We need to remember this when the police go on drug manufacturing raids and come up with people who may not have known what was going on,” added Wannamaker. In criminal law, things are rarely as they appear and nowhere is it more evident than in the case of drug manufacturing, etc.

While a drug raid may produce evidence of a home-built lab on the premises, it does not necessarily mean the owner of the home is the culprit; it may not be what it appears to be on first glance either. There are too many things that can go wrong when police officers are let loose on the streets to hunt down drug manufacturers.

“Not the least of which is illegally monitoring a person’s power consumption on the premise that they may be running a grow house,” stated Wannamaker, who knows what he’s talking about after having successfully defended such a case. No one is saying there isn’t a drug problem or that drug manufacturing isn’t reaching an all time high.

“What we’re saying (criminal defense attorneys) is that the government needs to proceed with caution and respect the rights of all individuals involved in this process. It is not constitutional to automatically assume someone is guilty and then try and build a case against them later to fit the facts,” said Wannamaker of Wannamaker and Associates, an Austin, Texas, law firm with offices in Houston and Dallas.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

No one really wants to be in a situation where they need a good criminal lawyer, but there are times when things appear to be inevitable and take on a life of their own. Knowing what attributes a first class criminal defense attorney should have is crucial in instances like this.

“A top notch criminal lawyer doesn’t know the meaning of the word quit. They are in the long haul to win. It’s as simple as that,” stated Daniel H. Wannamaker of Wannamaker and Associates, an Austin, Texas, law firm with offices in Houston and Dallas. The lawyer will dig into everything they can lay their hands on; review files until they are dog-eared; and hunt for new information no one else has been able to find. If the criminal defense attorney gets any sleep during a criminal case, it would be mostly of the catnap variety.

First-rate criminal attorneys have a well-known reputation in their community and are well-respected for their accomplishments. Virtually everyone will know their name and what they are capable of doing. “In other words, a good board certified criminal defense attorney’s reputation for winning will precede them,” according to Dallas criminal defense lawyer,  Daniel Wannamaker.

Along with a reputation for being a tenacious bulldog, the top criminal defense attorney in the community will have the experience to back them up. This occupation isn’t for sissies and many outstanding criminal lawyers have spent thousands of hours in the trenches, racking up case victories.

It’s those thousands of hours that will benefit a person charged with a criminal offense. “In some instances, it helps if the lawyer has experience in the particular area where a criminal charge has been laid, but it isn’t always essential,” outlined Wannamaker. The point is that no matter what the charges are, if the lawyer has a solid background defending people in criminal cases, this is the person to call when a criminal charge has been laid, or is about to be laid.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

You’d think with all the postal security in place in the U.S., there would not be any way someone could just coolly walk off with all sorts of mail containing people’s personal information. Security aside, it is rather difficult to track and keep over 668 million pieces of mail daily. Yes, daily. That is a lot of mail sent from one end of the country to the other and back again. Honestly, most of it does get to where it is supposed to go, but unfortunately some of it is lost prior to delivery.

Just last year it appears the mail theft business was a busy one, as U.S. Postal Inspectors managed to arrest over 6,000 suspects. Many of these suspects were accused of pilfering mail right off the postal trucks, out of collection boxes, right out of apartment mailbox panels, neighborhood delivery/collection boxes, etc.

Theft of U.S. mail happens in a blink of an eye and in a manner which most people would not pay attention. For instance, it only takes a split second to briskly walk up someone’s driveway, open the mailbox, swipe the mail and leave, with a handful of things like credit card statements, utility bills, loan applications and bank statements. There goes your identity.

What do you do to put a stop to this white-collar crime? Well, step number one is putting a lock on your mailbox; a total pain, but worth it if it prevents someone from stealing your identity and messing up your credit history. Make sure the lockbox is sturdy and designed to prevent theft, otherwise a patient thief will only take a few seconds to get it open.

While it may sound hilarious and border a bit on the ridiculous, your mailbox is now almost as important as Fort Knox, with about the same level of protection in the newer boxes. They’re now being made in solid weatherproof material, are welded together instead of using pop rivets, and are tamper and wrench proof. Now that’s a mailbox. Short of the thief taking the whole mailbox (and it has happened) your mail should be relatively secure in one of these newer security conscious models.

Step number two is to take all outgoing mail to a postal drop box yourself. Don’t leave it in the mailbox for the postman to pick up. These are small things that may make a huge difference in whether or not you have your mail pinched, a theft you would rather not happen, as it takes approximately 44 months to recover from having your identity stolen.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

Lawyers such as Robert Webb are very well-educated in the various fields of copyright and business issues and are able to advise a client facing a trademark infringement case how to proceed. One interesting thing about trademark lawyers is that although they do not have to pass specific exams to qualify to practice this type of law, they are respected members of the Georgia State Bar and are able to prosecute trademark infringements before the U.S. Patent and Trademark Office.

A good trademark infringement attorney does more that just offer advice on adopting and choosing new trademarks. They file applications to register chosen trademarks, get clients up to speed on the use and registration of the trademarks, and handle any trademark oppositions, invalidations, assignments and revocations. If a trademark has been infringed upon, the attorney steps in with expertise to deal with this issue.

Webb takes time to tell his business clients what options they have at their disposal to protect their ideas and help them make better decisions around running their businesses. This usually leads to a discussion of intellectual property and how to protect it. While it might be an expensive proposition hiring a trademark infringement lawyer, that lawyer will be worth every penny spent in protecting a client’s rights.

When considering whether or not to go into business and creating a trademark, make the first call to a competent trademark infringement attorney such as Robert Webb at Webb & D’Orazio in Atlanta, Georgia. This one phone call and the advice given will save a client a great deal of grief in the long run. It might as well be done right the first time, rather than finding out later that something is amiss and illegal.
To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

The laws in Georgia pertaining to DUI have become stricter in the last year and this doesn’t make it any easier to defend either. Having said that, everyone charged with a DUI is entitled to a criminal defense. This is where a good criminal defense attorney with extensive experience in DUI comes into play.

Georgia’s DUI law states that it is a criminal offense to operate a vehicle if your ability to drive is compromised by drugs or alcohol. This applies to legal and illegal substances and over the counter (OTC) medications such as cold remedies – somewhat notorious for causing dizziness, drowsiness and other strange side effects like blurred vision.

The state of Georgia is able to prove DUI in two ways. The first one is usually the result of a police officer making an “official” note that you were driving your vehicle in an erratic manner. This is applicable even if you only had ONE drink. Or, you may face conviction if you have a BAC (blood alcohol content) of .08 or over, and this is the case even if you weren’t driving poorly.

If you happen to be pulled over during a routine traffic stop and the officer strongly suspects you have been drinking, he’s likely going to ask you to take a field sobriety test. You have two choices here; make the right one. The first choice is to comply, the second choice is to clam up and call an attorney who has experience in this area of the law. The second choice is the right choice and may save your license or avoid criminal charges. The worst that could happen if you refuse is that you get a free ride to the police station.

If you do choose to comply with the taking the sobriety tests, anything you say will be used against you later in a court of law. So make the smart choice, refuse to comply, don’t say anything or explain anything and call a DUI lawyer. The only person who needs to hear your whole story is your lawyer.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

A good criminal lawyer is one that, in most instances, handles a variety of different kinds of criminal cases. Some, of course, prefer to specialize. This is something a person needs to realize prior to contacting an attorney for help. For instance, if an individual is charged with the crime of murder, there is no sense in calling a criminal defense attorney that deals with white collar crime and racketeering.

The main reason people contact a criminal defense attorney is because they need someone who is eloquent, knowledgeable and intimately familiar with the criminal courts – a voice that will speak for them on their behalf, such as Robert Webb of Webb & D’Orazio, in Atlanta, Georgia.

Choosing one who has extensive experience in defending the type of crime a person is charged with is half the battle. The other half is making sure all the details of the crime and its commission, are relayed to the lawyer, no holds barred. Webb is intimately familiar with the rhythms of criminal court.

Criminal lawyers are not there to judge their clients, they are there to provide a defense because it is the law of the land – everyone is considered to be innocent until proven guilty in a court of law. The criminal defense specialist knows how to mitigate charges, perhaps get them dismissed (depending on the nature of the crime and the charge) and/or take a case to court to argue the points involved in the case. “A court appearance may ultimately result in acquittal, sentence reduction or even dismissal,” said Webb.

Understanding what the criminal defense lawyer does on behalf of a client goes a long way towards diminishing the fear factor of those involved in a criminal case. The attorney investigates the facts of the case; applies for search warrants where needed; is involved in interrogating witnesses and drafting arrest complaints; handles/defends those who have been indicted; handles bail proceedings where necessary; plea bargains; and takes cases to trial. If an appeal is a distinct possibility, the criminal defense lawyer will also handle that as well.

Never under estimate what a highly skilled criminal defense lawyer is able to do to ensure the scales of justice are balanced in the defendant’s favor. Contacting a skilled criminal defense lawyer such as Robert Webb of Webb & D’Orazio in Atlanta, Georgia, will ensure a just outcome to a criminal case.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense, visit Webbdorazio.com.

Most structured settlements from court cases are usually in the form of an annuity. However, having said that, it might be necessary for you to have some cash right now. This is something to talk to your personal injury attorney about, as many lawsuits are paying large sums from a jury award over long periods of time.

Normally, larger injury settlement plaintiffs receive their award in an upfront large amount of cash, with the rest set up to span a period of time ranging from 10 to 30 years or more. The intention is that monthly payments keep the wolf from the door. However, things don’t always happen that way.

Cash crunches are not always predictable and these days with the rising costs of medical care and treatments, the usual 3 to 5% increase a year in monthly payments does not always make ends meet. While this conundrum used to pose a significant problem, the law has subsequently been amended to allow you to sell future payments for cash right now.

Some of the medical crunch emergencies may involve additional hospital or medical treatments, transportation (a new vehicle to accommodate disabilities), avoiding bankruptcy, home improvement and repair to allow for wheelchairs, walkers, etc., and any student loans that need to be eliminated. Whatever the reasons, if you need cash now, it is possible to make that happen.

Usually a finance company is interested in buying the future payments of your structured settlement for cash. If you want to sell all your future settlement payments, you may, but you may wish to hold on to some for later. A copy of your settlement needs to be sent to the finance company first to see if it is possible to buy your future payments. If it is, you must have a judge approve a court order for you to actually get your money. Ideally, the finance company will manage the court order process on your behalf.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

When all is said and done, the section of the statute in question used more often than not, is section 1343 which states in its paraphrased glory “whoever plans on ripping someone off for money or property by means of sneaky pretenses and sends anything relating to those sneaky pretenses by wire, radio or TV to rip someone off shall be fined not more than $1,000,000 or imprisoned not more than 30 years or both.”

Not to put too fine a point on it, this is a pretty wide-open statute that gets a lot of use, as it offers prosecutors wide leeway in “massaging” charges that they may lay.

The use, and dare we say overuse, of statutes like this gives criminal defense attorneys a lot of grief. They are beginning to mount a solid defense for the person charged with either wire or mail fraud when the issue might not even have anything to do with either charge. “It can be a mixed bag when someone is charged with one or both of these offenses,” says Daniel H. Wannamaker of Wannamaker Law in Austin, Texas.

These cases are fairly complex and come, in some instances, perilously close to being ‘kitchen sink’ prosecutions to make a point, or catch a lot of smaller fish. Defense attorneys take a rather dim view of how often this charge seems to be used when the prosecution can’t seem to find something better to make a case.

The wire and mail fraud statutes are fairly similar and both are used together as a one two punch in federal indictments. They are often combined like this since both have some identical elements in common. To get a conviction, the prosecution has to show the act the defendant is charged with was done in the furtherance of a scheme to rip someone off.

Anyone charged with either offense is entitled to an aggressive defense of the charges. This is why if a person is faced with charges under one of these statues, immediately contact a board certified criminal defense attorney such as Daniel H. Wannamaker of Wannamaker Law in Austin, Texas.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

“It’s when these people get caught and realize they face some rather serious consequences that they call me,” said Daniel H. Wannamaker of Wannamaker Law, in Austin, Texas. Repeat offenders in Texas are those with at least two convictions, and they are classified as misdemeanors.

“Texas is a bearcat on repeat offenders, largely because we have just about the highest DWI rate in the country,” added Wannamaker who defends hundreds of these cases each year. He’s seen and heard just about everything in his over 20 years of practicing criminal defense in Austin, Texas. “In these cases, I’d prefer the person charged was only seen and not heard. My advice is to save anything you have to say and just tell me the circumstances of the case when you call me,” commented Wannamaker.

That is fine advice, and those that have chosen not to take it find out the hard way – what they said to the police at the scene has a way of coming back and haunting them. “Everything said to a police officer is taken down or recorded for use later. Telling them why you were out having a few drinks is tantamount to asking them to cuff you and take you to the station,” explained Wannamaker. Going to the station may happen anyway if you refuse to take any of the roadside sobriety tests when asked to take them.

“Don’t take those tests. You don’t have to and if you call me and I get there soon enough, I may be able to have the charges thrown out on a technicality and save your license,” indicated Wannamaker. While this is one option, the other may be if Wannamaker isn’t able to mitigate the charges, he may be able to negotiate a lesser sentence later, if the case goes to court.

Conviction means you are slated for an assessment for drug or alcohol addictions. At this point, if the person does have an addiction problem the judge may offer an either/or scenario – either rehab or jail.

“If someone hits three convictions, or more for DWI, they’re looking at a felony offense. It begins to make sense to some that rehab is the more attractive option,” said Wannamaker. Whether someone is faced with one charge or is on their second or third, this is the time to make a smart move and call a board certified criminal defense attorney, such as Daniel H. Wannamaker of Wannamaker Law in Austin, Texas. “They may still be convicted, but I am usually able to mitigate those charges and possibly ensure they are still allowed to drive for their work,” added Wannamaker.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

Being charged with racketeering is not a cut and dried moment. There is no instant guilt, instant confession or the instant resolution to a case. It goes much deeper than that, and this is why many people don’t “get” what racketeering is all about.

The usual definition in legal circles is an organization (group) of people who are controlled centrally though a hierarchical system, who knowingly commit criminal activities. Now that covers a lot of ground, but you get the idea; and if you are thinking of examples, then the word Mafia might come to mind.

Is there any counter measure that combats and prosecutes racketeering? Yes, RICO, which sounds like the name of an Italian waiter. RICO, in fact, stands for the Racketeer Influenced and Corrupt Organizations Act. It was passed in 1961 and its main raison d’etre is to break up organized crime and that includes things like gambling schemes, theft rings operating under the guise of a legitimate business, prostitution rings, and protection scams. While these particular crimes are of some concern, the larger problem is pension scams.

Pension funds run into the billions these days and what juicy pickings they are for organized crime. The unions started to get bigger than their britches at the beginning of the 20th century and they mushroomed from there into organizations with hundreds of members who socked money away into retirement funds. Nice money if you can get your hands on it, and many of the pension management contracts did go to Mafia interests. You are likely able to connect the dots here.

RICO’s role changed in 2001 and it prosecutes to the max many other things including issues that deal with terrorism – in particular trying to put a finger in the dyke of money leaking out to fund terrorists. While RICO’s enthusiasm for prosecution is appreciated to a certain extent, it has sometimes led to convicting innocent people. Criminal defense attorneys are not all that thrilled with how this set up works, but are still waiting to see the results over the long-term.

Where will this all end? That’s the $64 million dollar question that seemingly has no answer. Think about this. Where is real justice in a process that insists in winning at any costs? If you’re faced with a racketeering charge, immediately call a criminal defense attorney, as it may mean keeping your freedom.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

Being aware of what is going on while you are online is crucial to being protected against those who would vampire your identity. Spammers nab your email and find out lots of information on you just by plugging your email address into Google.

Then of course, there are the phishing schemes designed to get you to innocently cough up items like your bank account information, or your PayPal account information. That’s one of the latest phishing schemes, a note supposedly from PayPal about your account being frozen because allegedly some “unauthorized third party accessed your account three months ago and transferred funds.”

You do have to give spammers and pfhishers some credit for their ingenuity. One wonders how successful they may be if they attempted to get money the legitimate way instead of through backdoor chicanery?

Despite the dangers of being online and potentially having your identity stolen, protecting yourself is a bit like being smart offline. You wouldn’t just hand your bank account number or PIN over to any Tom, Dick or Harriet in the offline world, so why would you do that online? This dilemma all boils down to self-protection. This doesn’t mean you need to be totally paranoid about it, but there are some things you should look for before you divulge certain information.

Prior to clicking that YES button to buy something, check the bottom of your IE window for a gold lock icon. If you see it, good stuff, you are in a highly secure area. If you don’t see that icon, DO NOT click that yes button, instead call the company if they have a contact phone number listed online.

Look for signs that your transaction is being processed by a secured socket layer (SSL) and encrypted. You will see claims on the site boasting payments are processed by SSL. Many of the larger online retailers have this service; for example, PayPal, eBay, etc. One other thing you should watch for is the address bar in your browser that shows where you are when you are online (the site address). Look for the designation for the address to start with “https” (the “s” means secure) rather than the usual “http”.

There are ways to legally deal with people who have stolen your identity online, but realize that they need to be caught and charged first in order for that to happen. If you have had your identity stolen online and charges have resulted, speak to a competent lawyer to find out how to proceed.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

“Drug offenses, even small ones, have a habit of hanging around for years, if not permanently,” said Daniel H. Wannamaker of Wannamaker Law in Austin, Texas. Wannamaker would definitely know what he’s talking about since one of his major areas of practice deals with defending drug offenses. “I see this kind of thing happening all the time, a simple possession charge spiraling out of control and the person gets slammed,” added Wannamaker.

Wannamaker has an extensive record as a board certified criminal defense lawyer and knows immediately how to handle the various cases brought to him. “Don’t assume that just because it is a “dinky” amount of weed or whatever drug you may have been busted for, that the consequences may not be more than you bargained for,” explained Wannamaker. Having said that, Wannamaker’s role in defending someone charged with a drug offense is to mitigate the charges, get them thrown out, mitigate the penalties, or get the case thrown out of court.

Even a charge for a small amount of drugs may become the albatross that stuck around in a most unwelcome manner. Drug charges that stick and leave one with a criminal record of any kind will look really bad on an employment application. Even if the crime is not admitted to on the job application, if the position requires bonding of some sort, the lie will be discovered.

“People, meaning employers, are less tolerant these days of others who have a criminal record, even a minor one,” indicated Wannamaker. Really, why take the chance of having a charge stick when hiring a highly qualified criminal defense attorney may make the difference between having no criminal record and a job, and having a criminal record and no job?

“If you think this is a bit far fetched, employers avoiding those with criminal backgrounds, then ask this question – if it’s not a big deal, then why are more and more employers running background checks on potential new employees?” questioned Wannamaker.

The answer of course is because they cannot risk hiring someone who has a record to represent their company. It simply wouldn’t do if a crisis situation came up and that employee’s criminal record came to light. “This kind of a situation is called negligent hiring and it can bite someone in the pocketbook later when a lawsuit is filed,” added Wannamaker.

If faced with being charged for a drug offense, hire a top-notch criminal defense lawyer who knows what they are doing. Quality is the key word here when looking for a lawyer that knows their stuff. Quality is a bit like ordering oats. If you want them clean and fresh and top quality, you must pay a fair price.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

The post Minor Drugs, Major Buzzkill first appeared on SEONewsWire.net.]]> http://www.seonewswire.net/2009/02/what-criminal-law-really-means/ Tue, 17 Feb 2009 18:08:39 +0000 http://www.seonewswire.net/?p=149 Many people have this myth in their heads about what criminal law really means. It’s the good guys versus the bad guys and the crimes scene technicians solving a murder in an hour. Reality has to interfere here, as this…

ID theft comes about in many ways such as hacked computer information, stolen ID from your wallet or purse, or companies who either sell personal information or illegally dispose of it.

“It’s one thing to take steps on your own to protect your identity from being swiped,” said Daniel Wannamaker, board certified criminal defense attorney at Wannamaker & Associates in Austin, Texas. “However, it’s entirely another kettle of fish when someone you have trusted with your personal information dumps it where anyone can find it, steal it and use it.”

Having said that, Wannamaker is in the business of defending people and even in instances such as this, anyone who has been charged with disposing of personal information improperly is entitled to a rigorous defense, a defense for which Wannamaker is noted.

The largest problem these days appears to be the types of businesses that collect information about you (doctor, dentist, banks, credit companies, etc.), aren’t that interested in shredding or properly disposing of the critical personal information of their clients. It is way too easy to just chuck personal records in the garbage dumpster and hope it gets hauled away to the dump and burned and/or buried.

Unfortunately, this is not likely to happen. There are people who specifically haunt dumpsters looking for this kind of information. What a goldmine of information to be had in one dumpster containing loan applications, dental records or patient’s medical charts. Many of these businesses loathe spending the extra money, or taking the time to ensure the necessary precautionary steps are taken to destroy old files.

“Texas has an enviable reputation as being really proactive in this area,” outlined Wannamaker. In fact, Texas law makes it mandatory that businesses take certain specific precautions before they get rid of any personal documents that may have information such as SS numbers, bank account numbers and driver’s license information. This law certainly provides many of those offices that handle this kind of information with sober second thoughts before they dispose of personal files.

If faced with a situation like this and suspect charges are about to be laid, immediately call Daniel Wannamaker of Wannamaker & Associates, Austin, Texas, and let him know the details. If anyone is able to help, it will be Wannamaker and his ability to get right to the heart of the defense immediately.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

“In Texas, any decisions made by district judges may be appealed to the Court of Appeals and from there the appeal goes to the Texas Court of Criminal Appeals in criminal matters,” explained Wannamaker. If the case happens to be a federal one, any decisions by a Federal District Court are appealed to the 5th Circuit and then on to the U.S. Supreme Court. Decisions that go forward to the U.S. Supreme Court may involve extremely interesting issues of law that the Court is interested in commenting on.

“The whole process, when you start with a case,” explained Wannamaker, “is that all the cases we try, start in a trial court. That’s the basic nuts and bolts of the system.” At the trial level, the judge has the discretion to dismiss on the pleadings early in the case, or dismiss after a summary judgment motion – further along in the litigation process.

In some cases, the plaintiff and defendant deal with a judge alone, in others there may be a judge and jury. In either instance, a decision may be entered after the trial. Of interest, is that in some cases, the judge may elect to pronounce a judgment different from a jury verdict. While this is unusual, it does happen. Anyone not too thrilled with the outcome of the case when the trial is over, is free to appeal the decision, and it isn’t always the loser who appeals either.

“If someone does want to appeal the decision in their case,” said Wannamaker, “a motion for appeal is filed with the trial court. At this point, whoever is appealing is no longer called the plaintiff, but the appellant.”

Daniel Wannamaker of Wannamaker and Associates in Austin, Texas, specializes in handling appeals at all levels within the Texas justice system, and is noted to have won some major victories. This is one criminal defense lawyer anyone would want on their team if they happened to be in major trouble with the law.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

“Criminal defense law isn’t the easiest job,” said Robert Webb of Webb & D’Orazio in Marietta, Georgia. “However, we have a real passion for making sure everyone gets the best possible defense available, and we have over 60 years of combined experience to do just that,” he added.

The legal system in the United States is founded on the premise that everyone is innocent until proven guilty. While many people tend to view crimes as being done deals and the person arrested for those crimes to be guilty, this couldn’t be further from the actual truth. In many cases there have been defendants in the wrong place at the wrong time, those who were set up, those who were improperly charged, and those who were on the receiving end of a mistaken identify fiasco.

This is the reason why the justice system has both prosecutors and defense attorneys, to provide checks and balances; to offer “sober second thought” to a set of circumstances and to ensure that those who got tangled up with the law get a fair hearing. Criminal defense attorneys are, in fact, an essential element of the system.

It’s no small task to mount a prosecution against a defendant, not to mention horrendously expensive. Long-term consequences such as prison sentences also add to the list of expenses the taxpayers incur. However, without a strong criminal defense attorney as a part of this overall picture, there would be no equity in the law.

“A criminal defense lawyer often finds him or herself operating with a lot fewer resources than are available to the state. This is why we work diligently to ensure our case is solid and then litigate it aggressively on behalf of our client,” explained Webb.

When faced with criminal charges, make the first call to a highly experienced criminal defense attorney such as Robert Webb of Webb & D’Orazio in Marietta, Georgia. It may be the most important call a person could make when charged with a criminal offense.

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“While many people think a personal injury is an injury to the physical body, in reality it can mean much more than that,” explained Robert Webb of Webb & D’Orazio, Marietta, Georgia. In fact, personal injury can mean psychological injuries, the kind that are not necessarily visible, but still leave lasting scars.

How a person winds up being injured will also dictate the type of defense and the case law applied to the circumstances. For instance, personal injury lawsuits may arise as a result of accidents at work, defective product mishaps, assault claims, car crashes or slip, trip and fall cases.

All of these types of cases do have one thing in common and that is the victim is entitled, by law, to compensation from the person responsible for the accident as a result of their negligence. No one knows the demands placed on victims in personal injury cases better than Robert Webb, who has over 30 years of skilled litigation to offer his clients. “We care about our clients and personally represent them from the minute they hire us,” added Webb.

Not to confuse the issue any, but a personal injury case is also called a tort or in plain English a wrongdoing. Put another way, torts are a body of the law that lets an injured person get compensation from the person who caused the injury. Getting a truly clear definition of a tort is a little like herding turtles, but the bottom line is clear to those who are on the receiving end of a tort or wrongdoing.

Most torts also have their foundation in intentional misconduct, negligent misconduct or strict liability without reference to actual misconduct. These, of course, are legal terms and only a highly qualified attorney like Robert Webb of Webb & D’Orazio in Marietta, Georgia, will be able to explain what they mean to the person seeking redress for a personal injury.

“Intentional misconduct means something invasive like an assault, intentional infliction of emotional distress, or battery. Strict liability normally refers to defective products, and negligent misconduct is the term most often used for personal injury claims,” said Webb.

Personal injury claims need the expert handling of a well-qualified lawyer who is able to take his client to court and obtain justice for them.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense, visit Webbdorazio.com.

Medical malpractice is actually a much bigger problem than many people realize and even bigger than medical professionals want to admit. The latest statistics on the Internet show that roughly 225,000 people die each year as a direct result of medical malpractice. The main question really ought to be, what is anyone doing about it?

The scary thing about the statistics is that despite the rising numbers of deaths there are very few lawsuits filed. It appears that only 2% of the potential 225,000 claims for med mal actually make it as far as filing a medical malpractice lawsuit. Unfortunately, the numbers of plaintiffs who are awarded compensation is even smaller. This should not stop anyone who feels they have been a victim of med mal from stepping forward and speaking to a qualified med mal attorney.

Despite what you see on television and read in the papers, medical malpractice lawsuits should not be curtailed or reduced (as many politicians seem to want). More patients need to launch lawsuits to shine some light on the problem so it has the opportunity to be addressed, not hidden from the public.

If you don’t think the numbers are really all that significant, consider these figures. An estimated 12,000 die due to unnecessary surgery; medication errors are responsible for roughly 7,000 deaths; and other medical errors account for approximately 20,000 deaths. This is just the tip of the iceberg. The numbers also account for close to 80,000 people nationwide who die from something called nosocomial infections they contracted in the hospital. Pretty staggering numbers aren’t they?

Med mal can happen anywhere there are medical procedures performed and may involve a physician, nurse, nurse practitioner or lab technicians. While many people think medical malpractice is something enormous going wrong, it often begins with the smaller things like a wrong diagnosis, inaccurately read x-rays, misinterpreted tests, and the list goes on. Other larger, more horrendous errors, would involve such things as removing the wrong body part from the wrong patient.

If you suspect you have been the victim of medical malpractice, make it a point to call experienced legal counsel and discuss your potential case. They have the right kind of expertise needed to immediately evaluate the situation and advise you on how to proceed. Most initial consultations are free and this provides you with the opportunity to ask questions and get an initial understanding of medical malpractice law.

If you have a valid case, your attorney will take you through the steps for filing a med mal lawsuit against the proper parties – meaning a physician and/or their staff, hospital, facility or lab. Before a lawsuit is filed there is an attempt to come to some sort of an agreement with the defendant first. When all else fails, you will be bound for court.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense, visit Webbdorazio.com.

Capital murder is killing a cop during the lawful discharge of his or her duty; or killing while committing another felony such as kidnapping, robbery, assault, arson or killing for money (call this murder for hire).

Texas has three classifications of murder – capital murder, murder manslaughter and criminally negligent homicide. Murder is intentionally or knowingly causing the death of another person or intending to cause serious bodily injury, but it results in death. It is classed as a first-degree felony and is punishable by 5 years to 99 years or life in prison.

The next class is manslaughter, and this is charged if you recklessly cause the death of somebody. It is usually classed as a second-degree felony and is punishable with a sentence ranging from 2 to 20 years.

Since the classifications are not always that clear, nor likely was your intent clear when the murder happened, this is the crucial time to contact a highly qualified board certified criminal defense attorney. Don’t say a word to anyone and head for the phone to make that call. Only your lawyer needs to hear what your circumstances are in order to mount a viable defense.

Don’t guess what charge you may be facing. Pick up the phone and call an expert criminal defense lawyer. This may be the smartest thing you will ever do if you wish to retain your freedom.

Since criminal law is such a mixed bag at the best of times, spending time trying to figure out how to beat the system if you have been charged with a serious crime won’t do you a lot of good. This is your lawyer’s job, and this is also why you are told to not say anything to anyone until you have spoken to a lawyer. What you say to your attorney may make all the difference in the world between doing time or being set free.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

By legal definition, a wrongful death is “A death caused by the wrongful act or negligence of another and that serves as the basis for a civil action for damages on behalf of the deceased’s heirs.” While many people assume a wrongful death suit is a criminal case, it is not. However having said that, a wrongful death case may follow a criminal case, and the best-known example of that is the OJ Simpson affair.

In instances of wrongful death, those left behind are called dependents or beneficiaries and because of this death, they are entitled to damages (meaning money) due to the negligent actions of the defendant. This is not a normal negligence lawsuit either.

To explain the differences between a wrongful death civil case and a normal negligence lawsuit one has to know a bit of history first. Under the common law, a wrongful death claim didn’t exist. The reason being it was believed that the claim died with the victim, so how could s/he be compensated for damages? This meant survivors couldn’t ask for damages from the person who caused the death.

Eventually realizing this was a rather backwards and exclusionary approach to justice, the states remedied that glaring error by passing what is called “wrongful death statutes.” These statutes specifically provide compensation for those who have experienced the loss of a loved one. Not all states have the same statutes and you would need to talk to an expert attorney to find out what the rules for filing are in your particular state.

While most of the state wrongful death statutes are considered to be unique, they do follow the same general principles. This means that there are four common elements in all states for a wrongful death claim. The first element is that the death was caused partly or wholly, by the conduct of the defendant.

The second is that the defendant was negligent or in the alternative, strictly liable for the victim’s demise. Element three is that there is a surviving spouse, children, dependents or beneficiaries. The final element is that monetary damages have resulted from the victim’s death. If a case meets these elements, then it must also meet the statute of limitations for filing, and in most states the claim must be filed within a year of the death.

The courts have a great deal of discretion in what type of damages they may award. For instance they may award for emotional pain and suffering, for the loss of future earnings, funeral expenses, medical costs and loss of benefits (e.g. health, life etc.). In some instances the court may also award punitive damages based on the facts of the case.

If your have lost a loved one and want to find out about filing a wrongful death lawsuit, contact an attorney who is highly experienced in this area of the law. These cases are not easy and having a competent lawyer guide you and your family through the process will make things that much easier in the long run.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense, visit Webbdorazio.com.

This is shocking, but in Texas in 2007 alone, there were 73,426 assaults reported statewide. If that doesn’t give you some pause, I don’t know what else would. Since then, the economy has gone into the toilet and you may well imagine what those figures may be when tallied for 2008.

The crime of assault is usually defined as the intentional, knowing or reckless causing of bodily injury or threatening imminent bodily injury. This crime is usually charged as a Class “A” misdemeanor, but may be enhanced for various reasons.

Since intention is part of the definition, assault is pegged as an intentional wrongdoing that distinguishes it from negligence.

Further to this classification of assault is the aggravated assault, which means causing serious bodily injury or use of a deadly weapon. This is typically a second degree felony.

Another assault crime classification that many people are relatively familiar with, thanks to shows like CSI, is assault and battery (also a felony.) This is where actual contact is made with the victim and they require medical treatment. If convicted on this charge, there is usually time behind bars, fines, anger management classes, etc. The punishment, in most cases, suits the circumstances of the nature of the crime. Any priors will make things worse.

The thing with assault cases, and any other criminal offense, is that nothing is ever cut and dried. This is precisely why, if you are facing any of these types of charges, you must contact a qualified board certified criminal defense attorney. This is the “only” person who will be able to see to it that you get a good defense and who may be able to mitigate the charges or the punishment, and who may also be able to get the charges thrown out of court.

Make your first call to a criminal defense attorney who knows the system inside out and is familiar with the hundreds of nuances the various assault cases carry with them. It may mean your freedom or serving a reduced sentence.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, Daniel Wannamaker visit Wannamakerlaw.com.