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Understanding Probation: How It Works and Its Effectiveness

February 11, 2018Articles, Latest NewsEditor

Probation is basically the suspension of jail sentences in a manner than gives the convicted person the opportunity to remain in his/her community. Probation requires such individuals to follow conditions that will be described by the court. He/she will also be supervised by a probation officer. Common probationary conditions include taking part in community service, regular meetings with the probation officer, avoiding excessive consumption of alcohol and drug use, and making court appearances when required.

The probation period imposed on an individual is determined by the laws of the state in which he/she resides, and the offence committed. Generally, probation lasts between one and three years. Nonetheless, it can be longer in special circumstances especially when the offender is convicted of more serious crimes such as sex or drug offences. Probation can also exist immediately after someone is bailed out of jail, especially if they are a repeat offender. Anyone who utilizes a bail bonds company or service can be put on probation at any time.

Terms of Probation

Apart from reporting to your probation officer and making court appearances as requested, you are also supposed to adhere to a number of probationary terms and conditions that will be determined by the court. These include paying restitution or fines to your victims, avoiding certain places and people, not travelling outside the state without seeking permission from your probation officer, obeying all state and federal rules regardless of how trivial they might be, and agreeing to random alcohol and drug tests.

Generally, the conditions that you will be required to adhered to will be dependent on the criminal violation that you were charged with. For instance, you may be required to undergo drug tests if you were charged on a drug-related offense.

Violation of Probation and Revocation Hearing

Probation violations mainly occur when one breaks any of the conditions and rules that pertain to his/her probation order before the elapse of the stipulated probation period. When it is discovered that there has been a violation, your probation officer will either give you a warning or ask you to attend a violation hearing. If it is ultimately established that you violated the terms and conditions set forth in your probation order, you risk facing additional probation terms, jail term, a revoked probation, or heavy fines.
During your revocation hearing, the prosecutor must prove that you violated a condition or a term of the probation order by use of a preponderance of the evidence benchmark. Like any other criminal proceeding, it is your right to be informed about new charges that have been brought against you. If your probation is revoked by the judge, it doesn’t necessarily mean that you are staring at a jail term.

There are numerous options available to the judge including extending the probation period or imposing additional fines. If you are sentenced to a short jail term, you can request for a bail hearing that allows you to be free until your case is determined. You can also appeal a violation conviction at a higher court if you think that the lower court erred.

How to get a law training contract

August 31, 2017Articles, Latest NewsArticleEditor

Those looking to pursue a career in law will know that training contracts and pupillages are the golden ticket – and final step on the road to qualifying as a solicitor.

This period of recognised training helps you put your knowledge into a real-life context, and over two years you have the chance to learn about the law firm’s different departments, including contentious and non-contentious practice areas, and get training from an expert in the field.

With a training contract in place, you can pass the Professional Skills Course (PSC). You’ll need to have gained experience in client care and professional standards, financial and business skills and advocacy and communication skills.

With major opportunities for development at stake, you’ll need to find the law firm that’s right for you. LawCareers.Net has a great training contract search, so it’s worth beginning your search then.

Once you’ve made a list of firms you’d like to work with, you need to be able to stand out from the crowd. How do you do that when there’s so much competition?

With over 40 years’ of experience, Bindman & Co solicitors know what makes a great applicant. They have heavily invested in the training of future solicitors and legal professionals in their native North East, recently welcoming two apprentices and providing a Law Training Contract to one staff member.

Tapping into his years’ of experience, senior partner Leslie Bindman — who has been practicing for 41 years — has shared some advice on how to pip the competition to the post for that vital training contract…

Be selective – and know why you’ve picked the firm

You don’t want to limit yourself by only applying to one firm, but a scattergun approach won’t show your interest in an individual firm. Make your choice wisely, and make sure you include some reasons why you applied to that firm in particular. Be considered, complimentary and honest.

Make sure you meet the firm’s criteria and show it in the application

You’re wasting your time – and the firm’s – if they need you to have grades you haven’t achieved, or don’t meet other criteria. Only apply for positions you are eligible for, and your 100 percent more likely to succeed. When it comes to the application, answer exactly what you’re asked – if you need to give two examples, give two. The devil’s in the detail, and you need to be able to follow briefs and instructions to the letter.

Get as much industry experience as possible
It’s an obvious one, but that’s because it’s so important. You need to show your dedication to the job and the industry, and having undertaken work experience is a great way to do this. Summer and winter breaks are a great time to do this – shadow a solicitor for a week, or answer the telephones in a firm – it all helps.

Show you’re a worker

Law’s an intensive course, so law firms are always impressed if candidates have managed to have a job whilst studying. It shows you’re a hard worker, stand on your own two feet, and can handle different types of responsibility.

Give it some personality

The law firm has to work with you for two years – if not longer if they offer you a position – so you need to makes sure you’re likeable. Find ways to showcase your personal interests and personality. Be yourself too, you want them to like you for you, and you need to be comfortable while you work there.

15 Common Myths About Child Custody

August 30, 2017Articles, Family and Matrimonial, Latest NewsArticleEditor

There are many misconceptions about child custody not only in Fort Worth but the entire world. Some divorcing parents are forced to believe in such myths because they are very common to a point many people think they are facts.

It is however important to get facts straight to those starting on this journey or even those that have been to several court proceedings but yet to receive the verdict from the judge.

1. The parent who leaves forfeits child custody

This is a common myth whereby those abandoned believe the other parent forfeits child custody the moment they left. They end not filing for child custody. Legally, both parents share child custody both legal and physical until they receive a formal child custody order from the court.

2. Only criminal cases are entitled to free legal representation

There are many parents who do not know that they are entitled to free legal representation. In child custody case if you cannot afford the services of a professional lawyer then you can request the court or legal aid to help by appointing one for you.

3. Only a lawyer can represent you in court

The main reason why you should hire a professional child custody lawyer is because they better understand the legal and court procedures such that they can help you get through the process faster. You are however entitled to represent yourself in court if you want to.

4. Child custody order by the court is final

A child custody court order is not final and can be changed by appealing. With the help of a professional family lawyer experienced in child custody cases, you will be able to file the right paperwork. Legal representation in the appeal process would also be vital in altering the previous court order

5. Mothers are favored in child custody

The court is not biased in any way based on gender. The court has only the interests of the child and therefore looks into various factors other than gender or financial standings.

6. Financially fit parents win custody

The decision of the court is never solely determined by the well-being of the couple. A number of factors are looked into.

7. Willingness to compromise is a sign of weakness

Sometimes based on a specific case, the court can grant custody to the parent who is more willing to compromise. The parent who is more than willing to sacrifice personal interests for the sake of the child’s interests mostly gets the custody

8. Parents who fail to pay for child support will be denied visitation

Usually, child custody/visitation and child support are considered completely different issues. This, therefore, means that failure to pay for child support does not guarantee that one will be denied visitation

9. Parents get awarded either legal or physical custody

Upon listening to arguments from both sides, the court may decide to award both parents legal custody but one to have the physical custody or completely deny one parent both legal and physical custody awarding them to one parent.

Legal custody is a case whereby a parent has legal obligations to their children but can’t live with them. In such a case, the parent will participate in crucial child welfare issues such as medical care and education.

10. Parents have a right to their children

This is one major misconception that many parents have. Parents don’t have a right to their children but rather obligations. Children, on the other hand, have all the rights and that is why the court always has the child’s best interests taken care of.

11. A child can decide the parent to live with once they reach a specific age

There is no law that says this. What happens is that as the child grows older, they will tend to be dissatisfied with spending time with either parent.

In such a case, a court hearing should be organized to change the parenting arrangement.
However, the child’s wishes will have to be keenly scrutinized before a decision is made.

Family reports from a neutral party especially a psychologist is taken as crucial evidence to grant the child his/her wishes.

12. Divorced parents find it easier communicating to each other through children

This is quite common as you will hear messages passed to the other parent after a weekend of visitation. As much many parents think it is working, the truth is that you are dragging the child into your own mess.

If divorcing parents have to communicate on anything, let them do it without involving the children.

13. Child support will not be needed in a case where parents share joint custody

Child support is actually factored in to provide financial support for the child. Whether they hold joint custody or not this should be set with the salaries of both parents factored in.

14. My ex and I are even- we do not need a court order

After divorce, there are some parents who maintain a respectful relationship like calling each other to know the well being of the child and offer the necessary support as needed. When this is the case, they feel there no need to involve lawyers and the court.

What will happen when your partner decides to move on and marry or get married? Such are the complexities of divorce that the court looks into and gives a custody order that will have the best interests of the child.

15. The parent with more money pays for child support

Courts usually have a mathematical formula that puts various factors into perspective whereby income of the parents is just part. With the formula, both parents will be given the amount they will pay as child support until the child attains the legal adult age.

Conclusion:

With a family lawyer, you will get to understand the entire process, guide you through the legal system and follow the right procedure to ensure the case is decided on your favor. Now that you have learnt the common misconceptions out there regarding child custody, it is crucial to make up your mind whether to hire a fort worth child custody lawyer or not. Despite the fact that you can file for legal child custody on your own.

Bank Guarantee can be released by an Additional Arbitration Award – Delhi High Court

August 29, 2017Articles, Banking and Finance, Latest NewsArticleEditor

One of the frequently encountered issue in arbitration proceedings is missing out of a claim and parties seeking remedy by way of an amendment to the award or by way of an additional award. Normally the scope of correction of the award under S.33 of Arbitration and Conciliation Act,1996 is limited to errors and if both the parties agree, an interpretation of an issue. But if a substantial issue is already decided in the arbitration award but a consequential prayer was missed out in the claim and hence arbitrator could not grant an award, then an application seeking additional arbitration award can be filed. In such situations, the opposite parties also raise the issue of limitation, without understanding the settled law that the consequential directions do not require to be raised within the limitation period, if the substantial issues are already raised within the limitation period.

Relating to an arbitration arising out of a supply contract between Motorola and Mahanagar Telecom Nigam Limited (MTNL), in a proceeding to challenge the arbitration award under S.34 of the Arbitration & Conciliation Act,1996, Delhi high court by a detailed judgment dated 31st March, 2017, in SCC Online Del 7736, upheld the sustainability of not only the main arbitration award but also an additional arbitration award. In this case MTNL challenged the Arbitration award which was in favour of the claimant on various grounds, before the High Court of Delhi.

Both the arbitral awards involved in this case were passed by a sole Arbitrator arising out of a Letter of intent dated 11th January 2000, for providing 50K lines of CDMA IS-95 A, WLL equipment project in Delhi MTNL on turnkey for survey, design and supply of equipment, installation, testing, commissioning, making over system consignee, training, providing AMC etc., in favour of Motorola. The arbitrator passed the final arbitration award in favour of Motorola, holding that the breaches to the contract are attributable to MTNL and not to Motorola. But since there was no specific claim seeking the return of bank guarantees furnished by Motorola, the award did not have such a direction. Hence Motorola filed an application seeking an additional award, directing MTNL to return the Bank Guarantee. Hence Arbitrator passed an additional award directing MTNL to return the Bank Guarantees.

Hence MTNL challenged both the main award as well as additional award. The additional award was challenged under S.34 on two main grounds. The first was that the application was barred by law of limitation, hence it must be rejected. The 2nd ground was that in the absence of an issue relating to return of Bank guarantee and consequential findings in the main award, the arbitrator ought to have rejected the application for additional award. But in a detailed judgment, Justice Mr. Muralidhar of Delhi High Court upheld the award with a finding that the additional award is legal and no need to frame a separate issue for return of BG since the arbitrator has already found that the breach is committed by MTNL, in the main award and direction to return of BGs is just a consequential award.

What your Attorney wants you to know about Wrongful Death

August 28, 2017Articles, Latest NewsArticleEditor

As far as personal injuries go, the worst injury one can suffer as a result of someone else’s intentional or negligent behaviour is death. While the injured party can’t file a wrongful death lawsuit, his or her surviving family members can file a suit on behalf of the deceased person, also referred to as the decedent.

A wrongful death lawyer is needed when someone’s life has been taken due to negligence.
Although a successful wrongful death suit can’t bring the victim back, it can allow the victim’s loved ones to receive compensation for their loss.

Damages in a wrongful death suit can include loss of support, any medical and funeral expenses, and the loss of consortium.

The Dallas based law firms consist of attorneys that represent the deceased victim’s case, to ensure that the family receives a fair compensation to move on, however hard it may be.

What is Wrongful Death Law?

Wrongful death law applies in tort cases in which the defendant’s conduct has resulted in the death of the victim, leaving behind surviving family members and dependents who will suffer as a result of the victim’s absence. The purpose of these laws is to compensate the survivors, not the deceased victim. Wrongful death laws are found in modern state statutes. Time limits for filing suit, plaintiff qualifications, and permissible damages vary by state.

Most jurisdictions distinguish between wrongful death and a related claim known as a survivor action. Both causes of action serve the purpose of holding tortfeasors responsible for their conduct when the victim dies.

The difference is that wrongful death cases pay compensation to the victim’s family members for their own damages. They can recover for the loss of financial, emotional, and other support the victim had been contributing to the household.

When is a wrongful death claim applicable?

A wrongful death claim is applicable when a victim who would otherwise have a personal injury claim is killed as a result of either negligence or an intentional harmful act on the part of the defendant.

Who can file a wrongful death claim?

A wrongful death claim is usually filed by a representative of the estate of the deceased victim, on behalf of survivors who had a relationship with the victim.

In Dallas, a spouse may bring a wrongful death action, to the appointed lawyer, on behalf of his or her deceased spouse. Parents of minors may also bring a wrongful death action if one of their children is killed, and minors can collect compensation for the death of their parents.

Where states start to disagree is whether parents of adult children can sue, whether adult children can sue for wrongful death of their parents, whether grown siblings can sue for wrongful death, or whether extended relatives like cousins, aunts, uncles, or grandparents can sue. Usually, the more distant the familial relationship is, the harder it will be to show that you should be allowed to collect wrongful death damages.

Types of Common Wrongful Death Cases:

Motor vehicle accidents: This is by far the most common cause of wrongful death. According to the most recent data available from the National Highway Traffic Safety Administration, there were a staggering 30,800 traffic fatalities in the US in 2012. Although there are some cases where neither driver in an accident can be found fully responsible, there are many more when someone who was driving recklessly-because they were distracted, fatigued, intoxicated, inexperienced, or impaired in any other way-caused the wrongful death of someone in their own vehicle or the occupants of another vehicle in the crash.
Pedestrian accidents: Older adults and children are at a particularly high risk for being injured or killed in a pedestrian accident, although anyone can suffer from this type of accident. Common factors in pedestrian accidents include reckless driving, limited field of vision, and lack of pedestrian walkways.
Medical malpractice: The most common allegation for medical malpractice is misdiagnosis or failure to diagnose a health issue, followed by surgery errors and treatment errors.
Workplace accidents: While workplace fatalities are most common among manual-labor occupation groups, workplace accidents and deaths can occur even in a seemingly safe office.

The resulting compensation from a wrongful death suit varies but in most cases is greater than an average injury suit. The courts do take into account the suffering people go through after losing a loved one due to negligence.

Oftentimes it hurts more to lose a family member unnecessarily and therefore pain and suffering is awarded to families of the deceased. Other financial losses will also be considered such as hospitalizations as a result of the accident, doctor’s bills, loss of wages, future loss of wages and the cost of funeral services. Any financial loss, as well as pain and suffering, should be paid by the negligent parties.

Top 10 tips when preparing for CQC (Care Quality Commission) inspection

July 21, 2017Articles, Latest NewsEditor

All providers of health and social care in England should be aware of the legal requirement to register with the Care Quality Commission (CQC). However, how well prepared is your organisation for the pending inspection to ensure you are providing care in accordance with the CQC’s standards and regulations? The following tips will help you in the run up to a visit from the inspectors.

1. Be aware of the different types of inspection

On the day of the inspection, the inspector will inform you of which type of inspection will be carried out. These are:
1) Responsive – in response to specific concerns
2) Themed – looking at current issues of a specific theme
3) Scheduled – Booked in advance for certain kinds of service, where the inspectors inform you of the type of inspection to be carried out.

2. Notify CQC of any changes or incidents

You must tell CQC about certain changes, events and incidents affecting your service or its beneficiaries. This can be done via the Provider Portal (your online account) or by using forms to submit, available from https://www.cqc.org.uk/content/notifications

3. Ensure you have up to date information

Current and correct information demonstrates your compliance and expertise. Some items such health and safety documents and business continuity plans will be requested on the day of the inspection.

4. Ensure you have the Registered Manager’s contact details

When you registered, you should have provided the Registered Manager’s contact details. It is essential to have these to hand in case this person is not available at the start of the inspection.

5. Make all service users and staff aware of what happens during an inspection

Inspectors will talk to various staff members during their visit to collect evidence, as well as observe care and review people’s records to see how their needs are managed.

6. Book and prepare a suitable room

The inspectors must have access to a suitable room for interviews and so forth.

7. Remember what inspectors will be looking for

Inspectors will actually be collecting evidence of any essential standards that are not being met, so closely look at the standards beforehand.

8. Have a practice walkthrough

The service manager or deputy should take responsibility to walk through all areas of your services. Keep a checklist of these to stay on track.

9. Ensure that you carry on with your everyday services

In order for inspectors to look at what you do, you must continue carrying out your services as normal on the day of the inspection.

10. Always bear in mind the key five questions of the inspection

Are your services Safe; Effective; Caring; Responsive to People’s Needs; and Well-led?

This last point is an essential one which relates to complying with the ever important CQC’s standards. However, do take into account all the tips here to make sure that your service is inspection-ready.

15 Common Myths About Child Custody

July 20, 2017ArticlesEditor