When Should You Contact a Criminal Lawyer?

A criminal lawyer is a person who looks out for people whom the authorities charge with certain offenses. This person acts like a confidant, a protector and a negotiator for all people who accept his or her services. You may be struggling with a decision of whether you need to hire such an attorney. The answer is affirmative in most cases. A conviction for any criminal charge will leave you with a record that will tarnish and try to destroy every move you make toward getting a job or securing a place to live. It can even corrupt your relationship with your friends and family members. The following are some examples of times when you should contact a criminal defense attorney:

For DUI Charges

Driving under the influence of drugs or alcohol is an offense that can hit you so hard that it will take years for you to recover. You can end up spending time in jail. Secondly, the fines that you have to pay could wipe you out financially. Thirdly, your insurance rates will end up skyrocketing, and it will be difficult for you to afford the coverage. Lastly, your friends, family members and associates may look at you differently.

For Drug Charges

You will want to hire a criminal defense attorney if someone accuses you of possessing drugs or planning to sell them. A drug charge will affect you for many years of your life. You can also spend a significant number of years behind bars as a result of the conviction. An attorney can hep combat the charges as well as bargain for a lesser punishment if you end up with a conviction.

Domestic Violence and Assault Issues

Domestic violence and assault issues require the assistance of a dedicated criminal law attorney. A conviction for domestic violence can end with you having to abide by a restraining order. You can have difficulty obtaining another job after you serve your sentences, as well.

Grand and Petit Larceny

You can spend anywhere from six months to more than five years in jail if you receive a conviction for larceny or theft. An attorney can review the case specifics and try to find a way to remove you from this permanently dangerous situation. The lawyer can try to have the charges reduced for you, as well.

Schedule an Appointment Today

You can receive assistance from a criminal defense attorney by scheduling an appointment today. The consultation is a 30-60 minute meeting during which you provide the attorney with details about your case. The attorney will let you know your options, and you an hire that person straight away. Protect yourself immediately by hiring an attorney right now. For additional resources, visit the Aswani K. Datt website.

How To Write Effective Incident Reports As A Security Guard

Part of security guard management is reporting incidents in a proper fashion. Many people may not understand how to do this. However, here are some tips to help security guards write out effective, professional incident reports.

1. Be Detailed.
This can not be overstated enough. Detail is the key in writing a proper incident report. Make sure to include the who, what, where, when, and why in your report. And make your answers to these questions as detailed as possible. Describe the incident in full detail. Describe the people involved in the incident in full detail. Also, describe your interaction with the people in the incident in full detail. You’ll be surprised how often those details become helpful later.

2. Proofread
It might have been awhile since you’ve taken an English class. That’s fine. But proofread what you can. In your spare time, you might even want to brush up on some common grammatical errors. Use the tools in front of you, too! Are you typing out the incident report? Most word processors will have a SpellCheck feature that can help you identify and correct misspelled words. It won’t help with all problems, but it’s definitely a start!

3. Learn Your Software
You most likely have incident reporting software at your disposal. In fact, you’re probably required to use this software to enter in information on all incidents. Learn to use it, and learn to use it well. If you can, play with different features in your spare time. Also, ask for help from people who are more experienced with the software. They may be able to show you tips and tricks that you were unaware of previously. Lastly, if you don’t feel confident using the software, request more training so that you can utilize it properly.

4. Follow the Rules
In your training, there was surely a large portion devoted to how to handle incidents. There were surely some very clear do and do nots. Remember this training, and follow these rules. The rules will vary with different companies and at different settings, but they are in place for a reason. Not following these simple rules can result in a lot of problems for higher authorities. It could also result in punishment for you.

Once you’ve mastered you’re incident management system, brushed up on your grammar, and memorized the rules, you’re going to be able to write exceptional incident reports. Remember, this is part of your job. Do your job well.

The Canadian Process Of A Medical Malpractice Case

When a Canadian feels they may have been the victim of medical malpractice, they need to contact a lawyer. Symptoms may happen months or years after the medical treatment occurred. A medical malpractice lawyer will be able to examine the facts of a case and determine its value. These medical malpractice experts are able to guide a person through the entire legal process of getting compensation for damages.

Second Opinion
It’s important for a person to obtain a second medical opinion concerning their condition. A medical malpractice attorney will know specialists who can provide a second opinion. This will establish if a physician has done everything a reasonable physician would do to treat a patient with a similar medical condition.

Limitation Date
An attorney needs to file a lawsuit prior to a limitation date. There is a limited time for lawsuits to be filed against a medical professional for malpractice. It is covered in the Limitations Act of 2002. If some time has passed between medical treatment and the time a person notices something wrong, they need to contact a lawyer. They will know how to avoid missing the limitation date.

Canadian Medical Protective Association (CMPA)
The next step is to negotiate with CMPA. All licensed medical professionals are required to have malpractice insurance through CMPA. Their goal is to avoid paying claims. If a court finds a medical professional guilty, their goal is to pay the least amount necessary to settle the claim.

Pre-Trial Examinations
Up to 12 months after starting a lawsuit, each party to the lawsuit will be examined under oath by the lawyers from the other side. Lawyers for the plaintiff will try and provide evidence the medical professional did not follow proper procedure. The defense will try and show the plaintiff suffered no damages.

Document Exchange
Each lawyer must then provide documents relevant for the case to the other side. This could include things such as physician notations, witness reports, medical records, financial statements, income tax returns, evidence of lost income and more.

Trial Date
After all necessary documents are exchanged, the attorneys from both sides will discuss the options for a trial date. An out-of-court settlement will also be discussed. A person’s condition and symptoms must be taken into consideration. It could influence the court award if a trial is done too far into the future.

Trial
If a settlement can’t be negotiated prior to the trial date, the case will go to court. During the trial, the court will be presented evidence to show a medical professional was or was not at fault for the damages experienced. A medical expert witness, such as a doctor and other medical professionals, may be asked to testify. When the trial is over, a judge or jury will determine if the medical professional was at fault and the amount of damage the plaintiff suffered.

How a Debt Collection Lawyer Differs from a Collections Agency

If you’re a creditor who needs to collect on an outstanding loan or a debtor who’s been hassled by collectors or otherwise treated unfairly, then you may require representation. Representation is often provided by debt collection lawyers. These attorneys can represent both creditors and debtors, can handle complex credit collection scenarios, such as bankruptcies and commercial litigation, and differ considerably from the collection agencies that commonly represent creditors.

Collection Agencies as Representatives

A collection agency’s primary purpose is to take on the role of debt collection from a creditor who hasn’t been paid on the original schedule agreed to. Such agencies provide a valuable service because they adhere to debt collection laws and regulations and let the creditor focus on its core role as a lender. These agencies are often paid on commission, which is a percentage of the debt collected.

Collection Agencies as Debt Buyers

Alternately, a collection agency can be a debt purchaser. In this scenario, the agency agrees to purchase delinquent accounts at a discount. The creditor gets the benefit of money right now, and the agency is investing in the potential return. If the agency collects more than it paid for the accounts, it profits.

Debt Lawyers as a Debtor Representatives

As mentioned in the opener, debt collection lawyers can represent either creditors or debtors, but in practice, these lawyers tend to specialize in one side or the other. As a representative of a debtor, these attorneys can fight for the rights of a client who is being harassed, and they can negotiate a deal that is in the interest of the creditor while be financially practical for the borrower.

Debt Lawyers as a Creditor Representatives

Debt collection lawyers who represent creditors often do so on a large scale. In other words, they don’t attempt to sue individual private creditors because that process usually costs more than is worthwhile. Instead, they focus on commercial litigation, such as representing a client’s interest when a client business goes bankrupt or attempting to collect on large commercial accounts that have become delinquent because of a dispute or other business and market factors.

Why a Creditor May Choose a Lawyer over a Collection Agency

Choosing between a collection agency and a debt collection lawyer usually comes down to how much the principal is and how likely the debt is to be collected. If a commercial account represents a large portion of an organization’s business, then commercial litigation makes sense. If an account is small, it usually makes more sense to reclaim as much principal and interest as possible in a short time frame.

Elliot S. Birnboim is a lawyer at the firm of Chitiz Pathak LLP in Toronto, Ontario. He serves clients in Toronto, Mississauga, Brampton, Milton and elsewhere in the Greater Toronto Area (GTA) providing collections work across Ontario.

Why Corporations Need A Good Lawyer

Searching for an estate lawyer may seem like a difficult task, but there are several resources you can use to find qualified lawyers. Your financial adviser is a great source of information for you to find a qualified lawyer in your area. If you have an accountant, then this is another source of information for a lawyer referral.

An audit committee combines experience, intellect, backgrounds and specific skills that oversee the financial reporting process of a corporation. The corporate law states that publicly traded companies that are listed on the stock exchange have at least three independent directors on the audit committee. The audit committee ensures the corporation follows regulatory compliance policies.

A business lawyer is often needed when there are hard questions to ask the chief financial officer. The presence of independent oversight of management lowers perceived risk for the company. It is important that a corporation avoids choosing committee members who have a direct financial connection to the company.

Financial experts should have an understanding of generally accepted accounting principles and financial statements. They also should have experience accruals, reserves and estimates in connection with accounting. Financial experts should also have experience with complex accounting issues. Lastly, they should have an understanding of audit committee functions.

Going Public

If you are a business owner, you may reach a point where you wish to obtain capital from investors instead of borrowing from lenders. There are many advantages to going public including continued growth with additional capital. A successful public offering may also improve net worth that also increases credibility and financial leverage with lenders. Going public can also enhance a company’s prestige by increasing its visibility within the business community.

The main disadvantage to going public is the diminished control of the company. Another drawback is the cost of going public. The cost could be between $50,000 and up to $250,000 for underwriter commissions, printing, attorneys, accountants and filing fees. Public corporations must undergo an extensive auditing process that disseminates information for their shareholders.

Factors to consider when deciding to go public include industry market conditions, financial and legal considerations. A consultation team should be made up of legal counsel, investment bankers, underwriters, selling agents and independent accountants. Securities law is complex and nature and requires an experienced attorney as an indispensable team member of any successful public offering.

The lawyer will ensure that your company adheres to all relevant regulations and laws. An experienced lawyer will also advise changes to contracts and file necessary documents that complete the company’s transition from private to public standing. An accountant also plays a significant role in a public offering. The accountant works closely with the lawyer during the registration process. Bridge financing may be needed from a banker.

What You Should Do If You’ve Been Involved In A Motor Vehicle Accident

Things can get messy when an accident occurs. At that moment, you are likely to experience mixed emotions that might cloud your judgment. Therefore, you must know what to do immediately an accident occurs to prevent you from making mistakes that can worsen the situation. In this post, we will show you everything you need to do after an accident.

Don’t Leave the Scene

Never leave the scene of the accident unless the police allow you to do so. In many states, especially Toronto, you can attract serious penalties and even a jail term if you leave the scene inappropriately. It’s even worse when you hit a person.

Check on Everyone

Before you think of the damaged car, check the other driver, passengers or pedestrians involved. Make sure they are in good shape. If they’re not, call an ambulance immediately, as you wait in the car. In order to do this perfectly, secure the scene if you can to prevent people from tampering with any crucial evidence.

Call the Police

Call the police, particularly when there are serious injuries, damages or death. Make sure the police file a comprehensive report about the accident. Request for the names of the officers in charge in situations where they arrive in large numbers.

Exchange Information

In situations where the accident involves many people, get their names, driving license numbers and vehicle details. Take some time to interview the drivers and know their side of the story. However, don’t say anything that can show that you admit liability. Make sure you also cooperate and give accurate information to both police and other people involved in the accident.

Take Photos

Take pictures of the vehicles with a camera or a smartphone. If you happen to have injuries, take pictures as well. The pictures will most likely give more evidence of what happened and the severity of the accident. Make sure you don’t interfere with the work of the police while doing this.

Notify your Insurance Company

You should inform your insurance company immediately after the accident. Be honest and tell them clearly what happened. If an insurance company discovers that you are lying, they can sue you with committing an insurance fraud. Don’t forget to mention the extent of damage and injuries since they are crucial determinants of your compensation.

Hire an Attorney

If you suffer injuries in the accident, consider hiring a personal injury attorney to help you maximize the insurance claim or your defense in court. If you live in Toronto, hire only experienced personal injury lawyers Toronto for quality service. Luckily, most personal injury lawyers receive their payments after you get compensation for the injuries. Therefore, you don’t have to worry about lawyer fees.

The aftermath of an accident can be rocky if you don’t act appropriately. The tips given above will help you know what to do after an accident. If possible, make a short list of the guidelines and pin them at a strategic place in your car.

Stay out of Canada if you drink and drive!

Canada is no place to be charged with criminal driving under the influence of an intoxicant (DUI), “Operation while impaired” in the language Section 253 of the Criminal Code of Canada. Under Section 255, mandatory penalties are a $1,000 fine for a first and 30 days of jail time for a second offense. Impaired drivers who cause personal injury may be sentenced to ten years in jail, life in jail if they cause a death. The federal government imposes these penalties; the provinces and territories suspend driver’s licenses, in Ontario automatically for 90 days after arrest, for one year after conviction, and restoration is not automatic at the end of the year but subject to completion of a remedial measures program and payment of high fees.

Defendants have few options. First offenders may try for case diversion by what the Canadians call “alternative measures,” other defendants fight the charges in trials, and the rest, the majority, negotiate guilty plea agreements for reduced penalties. It is often recommended to seek advice from an experience DUI lawyer Calgary to help with this process.

Alternative Measures

Sections 716–717 define alternative measures as those other than judicial proceedings not inconsistent with the protection and interests of society and the victims of offenses. There is no nationally uniform alternative measures program. Policies vary by province and territory and even by provincial or territorial region. In Ontario, each courthouse has a different diversion program and eligibility requirements. One constant for eligibility is prosecutorial consent. The Crown Attorney’s office always ultimately determines the defendant’s eligibility, and prior encounters with law enforcement are usually cause for ineligibility even if there were no formal criminal charges.

Generally, alternative measures are for lesser offenses with considerable variation across the country. In Quebec, all offenses are eligible for consideration for alternative measures. Other provinces and territories expressly exclude drug and impaired-driving offenses. The decision to include or exclude offenses for consideration usually reflects the needs of the jurisdiction but in any event is in essence not mandatory but discretionary for the prosecuting authority. Defendants always should pursue this option, for what’s to lose? A skilled, experienced criminal defense or DUI lawyer can present to the prosecutor a persuasive case for alternative measures. It is not necessary for the defendant to have assistance of counsel to request consideration, but the advantages of this approach are so obvious that only foolish defendants would not employ if in any way possible.

Once in the alternative measures program, the defendant’s tasks might be personal service or financial compensation to a victim, community service, attendance at educational sessions, personal or written apology, or essays or presentations related to the offense. After completion of the program to the prosecutor’s satisfaction, the government recommends to the court dismissal of the criminal charge.

Trials

Defendants deemed ineligible or unsuitable for alternative measures should not abandon all hope. A clever criminal lawyer can select from the facts of any case a basis for a theory on which to extend the legal presumption of innocence and on that theory raise arguments for acquittal. Defendants do well to recall that every burden of proof is on the government and that a strategy that merely attacks and discredits the prosecutor’s evidence to the point where it cannot support a conviction in the mind of a fair-minded juror is perfectly proper under the law.

Pulled over while driving, the defendant is taken to the police station for testing that reveals blood-alcohol concentration. The government has to prove blood-alcohol concentration at the time of driving, not at the time of testing. How do they prove that the defendant was over the legal limit at the time of driving? The most common method is by use of a “presumption back” to the time of driving, an evidentiary shortcut in impaired operation practice. If unable to rely on the presumption back, the government cannot prove its case. As an example, a pre-condition for the presumption is that the police administer the testing as soon as practicable. In many cases, from the arrest to the testing there is a substantial period of time for which the government lacks evidence to explain. Without this evidence, the government may not be able to demonstrate timely testing for the presumption back, without which it cannot prove blood alcohol concentration at the time of driving.

Win or lose, the defendant who fights for legal rights has more time and opportunity to make with dignified, respectful conduct a favorable impression on the prosecutor and the court than does the defendant who pleads guilty. Of course, the conscientious criminal defense lawyer will do everything possible for the defendant in either case.