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Police Laws

Blog written by Barry K. Rothman.

Police Laws deal with the code of conduct and the regulations that law enforcement officials have to follow. These laws are monitored by agencies like internal affairs divisions and state attorney generals. Most police laws will deal with the use of excessive force, misconduct, not reading suspects their rights, corruption, interrogation practices, and police brutality.

Police departments are considered to be non-military organizations that are overseen by the government. The main task of the police is to handle domestic issues, and not handle foreign powers overseas, as this is a military function. Apart from the police department, other agencies like sheriffs, state troopers, city police, U.S. marshals, FBI agents can exercise police powers.

The main role of the police is to preserve order. Police are granted powers in the form of force to prevent crime and the power to impose fines to protect people and property.

Although these privileges are granted to the police, their actions must be closely monitored to ensure that they are acting within the law. Sometimes police can be tempted to engage in activities that they have been asked to prevent. Often police law will be similar to constitutional and human rights laws, as these are areas that police are likely to break. Often police break laws when they get frustrated with the inability and constraints of the law to resolve cases. They then take the law into their own hands to solve a case or to get a confession out of a suspect.

Blog written by Barry K. Rothman. Read Barry K. Rothman reviews online to see how this boutique law firm helps clients throughout the entertainment industry strike a fair deal.

The myths regarding domestic violence

Often people don’t understand that they are facing domestic violence at home as domestic violence is not only limited to physical assault and can include verbal, emotional, and sexual abuse. Here is a list of some of the misconceptions associated with domestic violence.

Domestic violence is always physical – Domestic violence can be emotional, psychological, verbal, and sexual. Often the abuse starts off as subtle and then escalates in severity.

Drugs and alcohol cause domestic violence – Drugs and alcohol can worsen the violent behavior as they lower inhibitions since many people consume these substances, and are not violent. Therefore, these substances are not the cause of the problem.

Domestic violence is uncommon – According to statistics one in every four women and one in every seven men are victims of domestic violence. As women have become more financially independent and know their rights, the cases of domestic violence have

Both parties share responsibilities in domestic violence situations – In many cases both parties are involved in the physical fight.

No one can stop domestic violence – People believe that the violence against women comes naturally to a man because they are more aggressive than their female counterparts. However, research indicates that men who are violent against women are men who have witnessed such situations in their families.

Domestic violence is a private matter – Domestic violence is not only a matter for the couple to solve. It is one that family and friends should show their support, by helping both parties mend their ways or help with professional assistance.

Litigation holds, what you need to know

A litigation hold is a directive from a body of law or authority to preserve certain documents matching a certain criterion, due to a pending investigation. Lawyers will get letters which state a “Litigation Hold Letter” or “Litigation Hold Notice,” both of which mean the same thing. However, you should also make your IT personnel aware that they must preserve certain documents

Triggers

Sometimes some events should trigger an instinct to preserve documents. Even before the lawyer sends a request to hold certain documents, if there is the word of a lawsuit or pending litigation, advise your technical department to immediately put litigation holds on the people you suspect are involved.

Time

You, the lawyer, and anyone else associated with the pending legal proceedings are all liable for sanctions if there are any delays on the part of preserving evidence. If due to a delay, key evidence is no longer available, everyone concerned is liable to sanctions and even charges like contempt of court. An important point to note is that the technology that powers email, document storage, and communications should allow indefinite holds.

Collect everything

Do not just put holds on emails. Consider the scope of the request to include all data within the time frame in the letter. This could mean everything from data storage, travel data, and even printed documents that the person in question submits to other departments.

Five tips to help you run a successful dental practice

Blog submitted by Dane Levy Attorney of www.Dentalmal.com, a provider of legal services for those injured by dental malpractice in California

Most dental practices get caught up in the day to day activities of running a practice and forget that they are neglecting their business. It is important that dental practice owners are aware of the way they are running their business and how it affects their patients revisiting the clinic and offering referrals. Here are some tips on how to run a successful dental practice.

What makes your practice unique? – It is important that you promote the services you offer and personalize them to each client’s needs. Start off with relevant social media content plus brochures that provide detailed information about your services.

Create an office culture – Identify your office culture by looking at your personality, your leadership style, values, and behaviors that shape your staff, then analyze how your culture reaches your customers. Consider including your staff in daily or weekly meetings to ensure that all employees are on the same page regarding dental standards and customer service.

Expand your services – Avoid overextending your practice but look at methods to increase your offerings by improving your technology, quality, and reputation. Avoid overextending to the extent that it affects your practice. The last thing you need is to deal with dental or anesthesia injuries.

Flexible financial options – Some patients have to undergo expensive treatments. Therefore they may want special financing options to help them manage their finances. Look at debit, credit, personal check, and cash.

Remember to engage – Look at offering your patients good quality services and ensure that you are contactable at all times in case of an emergency.

 

Is a polygraph test admissible as evidence?

Although many cases in movies use polygraph tests as evidence, in reality, a polygraph test is not admissible as evidence. The main reason behind this is the fact that a polygraph only measures the biological processes that occur when a person is questioned like a person’s blood pressure or heart rate variances. Although these indicators are considered to increase when a person is under stress when lying, they can also increase if a person is nervous.

To reduce false positives, law enforcement personnel are trained to ask questions in a way that the respondent cannot only answer yes or no. In some cases, people can also evade the detection of a lie by faking physical activity like sneezing when a person is not lying, causing the whole test to look inaccurate.

Due to this reason polygraphs have been challenged on several occasions, because the result of the polygraph can mean many things. However, lawyers still request for a lie detector test in some criminal investigations. In most cases the interrogator will trick the subject by indicating that the results are not in favor of the subject, this has often cause subjects to confess.

If, however, both parties agree that the result of the polygraph is admissible, it then can be used as evidence. Polygraphs can also be used to screen candidates for specific jobs that require a high level of security.

Disruption claims and delay claims under construction law

A construction project can be complicated since there are many parties involved in one single project. Most projects will include numerous owners, contractors, subcontractors, suppliers, and laborers to help create a building that meets all federal, state, and local regulations.

If a construction project gets delayed in one area, the problem can snowball into other areas of the project causing expensive equipment to be left idle, and manpower left unused. Often litigation is used when delays occur, and they are broadly categories as disruption claims and delay claims.

Delay vs. disruption – Delays are considered as single acts or events that cause conditions that cause the project to be delayed as initially planned. Disruption, on the other hand, can include the effects of a single problem or multiple other delays, and can also include interruptions to the supply line and other work activities. Both categories are linked as delays can lead to disruptions, and disruptions can lead to delays.

Making claims – To make a claim it is essential that parties are aware of their contract. To ensure your case is strong it is advisable to meet with a construction lawyer who will be able to determine if the claim is worthy, based on the delay or disruption. An experienced construction lawyer will be able to identify the end dates of individual projects and how the delay or disruption affects the construction plan.

Written by Lyle Charles. An expert in commercial and residential construction and managing construction delay claims.

How to say no to a police search of your vehicle?

Law enforcement officials can often intimidate citizens into voluntarily giving up their rights because police are trained to show authority when they interact with the public. Usually, if a police officer confronts a person, most people will experience nervousness, discomfort and become abnormally anxious.

However, it is essential that citizens understand their rights and what they are giving up when they conform to the requests of an officer. If a police officer stops you at a routine traffic stop, he has the right to check your driver’s license and your registration. The officer may then ask you if you have any illegal weapons or drugs in your vehicle. If you say “no” then the officer might ask if he can check your trunk. However, you can say “no” to this request, because legally the officer cannot force you to do something against your will. However, refusing to comply may result in resisting arrest offense.

Sometimes police officers will push citizens to accept their request for a vehicle check. However, saying that you do not consent to a search without a warrant, should make it clear to any officer that you are aware of your constitutional rights.

Although you may openly speak your displeasure, the officer may charge you with resisting arrest. But in most cases, the officer will try to continue to convince you to comply voluntarily. Your police officer can, on the other hand, ask you questions, look through your window and walk or drive in public areas.

What is an alibi and how it works?

An alibi is evidence that proves that the defendant in a criminal case was somewhere else when the crime occurred. The defendant will have to rely on a witness or evidence (camera footage) that he or she was at a different location at the time of the crime.

Although a defendant may have an alibi, they may choose not to testify personally, because they can be charged with other crimes if they are questioned further. In other instances, testifying may put the defendant at risk of the prosecutor attacking the defendant’s credibility and even highlighting prior convictions. Once a jury believes that the defendant may be lying, it can be difficult to change their minds.

However, the defendant offering the alibi as a defense will not assume responsibility to verify the alibi. This task rests on the prosecution and will require finding the defendant guilty beyond reasonable doubt. However, the judge and jury will weigh the credibility of the defendant with the evidence put forward.

Most states will require the defendant in criminal cases to disclose information and an intention to rely on an alibi as evidence at a trial. The process is called “discovery” and will provide prosecutors the opportunity to investigate the validity of an alibi and to prepare to undermine its credibility.

If you or someone close to you is charged with a crime, it is best to speak to an attorney who has experience in handling criminal cases.

What happens if I am not read my rights?

If a person is not read his/her rights before being questioned, any evidence obtained from the suspect may be inadmissible as evidence. Here are some details that you should consider.

The Miranda Rights have to be read to a suspect before they are interrogated. They are as follows “You have the right to remain silent. If you do say anything, what you say can be used against you in a court of law. You have the right to consult with a lawyer and have that lawyer present during any questioning. If you cannot afford a lawyer, one will be appointed for you if you so desire. If you choose to talk to the police officer, you have the right to stop the interview at any time.” If a person is not in police custody, these rights do not have to be read.

If arrested, you should ask for clarification before speaking to an officer. You can always leave the station if you are not under arrest. For some reason, if the officer does not let you leave, you can ask for an attorney before answering any questions. You cannot be under arrest for not answering questions. If you are under arrest, an attorney will advise you to remain silent, until you have spoken to your attorney in private.

If you or someone you know under arrest, advise them to speak to an attorney first. If you have been read your rights or not, speaking to an attorney will give you a better chance at trial.

How to legally start a business?

If you are considering starting your business, you may be confused and stressed with the prospect of having to make a lot of decisions. Remember that planning a business also requires you to set up your business, so that follows legal government guidelines. Here are a few tips on how to start a legal business.

Prepare a business plan – A clear well thought through business plan will help to serve as a blueprint for your company’s future operations. It will also serve as a document for obtaining capital and financing your operations.

Choose a location to set up your business – Although you may think that starting your business in your home state is best, there can be legal advantages if your business is opened in other jurisdictions.

Obtain financing or other forms of startup capital – Look at speaking to a few financial institutions that will offer you capital to start-up your business. This entire process can take Therefore, it is best to apply to at least three institutions at one given time.

Determine a legal structure for your business – There are many business entities, and they offer different advantages and disadvantages regarding tax implications, governance and legal and procedural requirements.

Register your business – Register your business in the jurisdiction you choose and renew your registration annually to ensure that your company remains legally in existence.

Obtain a Tax ID, licenses and permits – You will have to obtain a tax ID from the IRS, so you establish separate taxation as a business entity. Licences and permits will have to be obtained to operate within certain areas legally.