Posts Tagged ‘lawyers’
Immigration Lawyers Make Things Happen
The main purpose of immigration Lawyers in this country is to help those from outside of the U.S. to gain legal status within the U.S. They are specialized in immigration Law, keep up to date on legal issues pertaining to immigration and do their best to make a lengthy process shorter.
What is immigration Law? U.S. Immigration Law is an ever-changing compilation of standards that regulates the legal citizenship status of people within the U.S. It is regulated by five major Unites States government agencies such as the INS (now the Department of Homeland Security and its three branches). It is also governed by four separate Acts:
* Immigration and Nationality Act of 1952 * Immigration Reform and Control Act of 1986 * Immigration Act of 1990 * Illegal Immigration Reform and Immigrant Responsibility Act of 1996
As you can see, immigration Law regularly undergoes changes.
Why would I need an immigration Lawyer? Due to the significance and permanence of immigration matters and due to the complexity of U.S. immigration Law, it is advisable to use an attorney when attempting to resolve immigration matters. Each immigration matter is unique and surrounded by unique circumstances, with no “one size fits all” solution. Experienced immigration Lawyers are familiar with similar cases and are able to apply acceptable and relevant structure to each immigration case.
Typically, immigration issues are heavily laden with multitudes of forms and important, necessary paperwork. Lack of familiarity with these forms can cause lengthy delays in certain matters. An experienced Lawyer can untangle the maze of forms and paperwork and get to the core of the case.
In addition, immigration matters are serious and can have lasting ramifications. For the quickest resolution of these matters, certain protocols are in place. While other issues regarding immigration matters may occur, the naturalization and visa application processes are valuable services best expedited by immigration Lawyers.
What does an immigration Lawyer do? Complex issues such as facilitating residency, resolving green card issues, applying for visas, resolving employment and investment opportunities, and others are all issues that immigration Lawyers regularly deal with. An experienced Lawyer knows what agency to address and what paperwork to complete, as well as how to proceed when resolving immigration issues.
These are some of the most common the immigration Lawyer issues:
* NAFTA handbook and applications * Intra-company transferee (L-1) petitions * Specialty worker (h1B) petitions * Treaty Investor (E-2) Visas * Treaty Investor (EB-5) Visas * Business Visitor (B-1) Visa * Visitors for Pleasure (B-2) Visas * Lawful Permanent Residence (Green Card) Status * Labor Certification * Immigration Court Proceedings (Removal Proceedings) * Family and Employment Immigration
There are certain immigration matters that cannot be initiated without an attorney. Specifically, INS detainee Lawsuits and INS jailed family members are federal issues for which defendants must have legal representation.
What do I need to know about immigration before applying? A defined number of people are permitted to immigrate into the United States each year. Because the number of immigrants allowed is much lower than the numbers that are applying, it's important that every detail be submitted in acceptable form and with properly completed documentation. Even a small error can result in lengthy delays.
Whether you use an immigration Lawyer or fill out the documentation on your own, you want to make sure that you have everything correct and every bit of supporting documentation you'll need.
Immigration Lawyers are especially effective in dealing with immigration, emigration, visas, green cards, political asylum and naturalization. For clients who are serious about their immigration rights, retaining a Lawyer can assure those rights are protected and that the application process goes smoothly.DISCLAIMER: This article is not written by an immigration Lawyer, is not intended as legal advice, and should not be construed by the reader as legal advice. If you seek e2 investor visa advice, or advice on any of the topics discussed herein, please consult with PowerVisa.com today.
Why a Lawyer is Needed After a Motor Vehicle Accident
A motor vehicle accident can be a terrifying experience. However, the problems rarely stop after the accident when a personal injury is suffered. Individuals are faced with not only a wrecked vehicle, but medical bills and loss of income. The best decision that anyone can make when this happens is to get the help of an attorney.
accidents are an unfortunate fact of life. Many times it is not even the fault of the person that caused the accident, but someone has to be held responsible for what happened. If you were not at fault, the person that was the cause of the accident will have to make amends financially to everyone else in the accident. At times, there is no other recourse but to pursue legal proceedings.
How To Select An Auto Injury Lawyer | ArticlesBase.com
To the average person who has not dealt with a Lawyer before, the process of choosing something like an auto injury Lawyer can certainly be difficult, just as with any other Lawyer like a divorce Lawyer for instance. If you want to find an auto injury Lawyer there are a few tips that you are going to want to be aware of, and which will help you through and ensure you find the right Lawyer for your situation. More than anything you want to remember when you are choosing an auto injury Lawyer that this process is going to vary from that of choosing any other type of Lawyer.
Several Important Questions Clients Should Ask Before Retaining an Attorney | ArticlesBase.com
When you're involved in a vehicle accident, you need to speak with an accident Lawyer but not just any Lawyer. You must find the perfect car accident Lawyer. Many people tend to hire the wrong Lawyer and don't get the outcome they want or deserve. This usually occurs because people have no idea what to look for from their attorney. If you're wondering where you can go, here are some questions you need to ask the accident attorney you're thinking about retaining.
The Canadian Charter of Rights and Freedoms: Basic Principles in Criminal Law
The Canadian Charter of Rights and Freedoms was created by the Trudeau administration and given constitutional status as part of the Constitution Act of 1982.?The Charter contains a list of rights and freedoms that govern the relationship between every individual Canadian and the government of Canada.
Criminal defence Lawyers are generally experts in dealing with Charter issues, especially issues pertaining to those rights in sections 1-5 and the enforcement provisions in section 8. This is because the individual rights guaranteed under the Charter are the most powerful weapons criminal defence Lawyers have when representing their clients in court.
Your rights under the Canadian Charter of Rights and Freedoms inform almost every step of your interaction with the criminal justice system, from the offence you are arrested for, to every stage of your arrest, to every stage of your trial. Your criminal defence Lawyer will analyze every aspect of the charge against you to see if your Charter rights have been infringed.
Your defence Lawyer may argue that the offence you are being charged with is unconstitutional since it infringes one or more of your rights or freedoms. These kinds of constitutional challenges are less common; however, they do occur. The constitutional challenge to the Laws against hate speech in R. v. Keegstra mentioned above is one example. The Charter has also been used to challenge Laws against simple possession of marijuana, the Law against gay marriage, and the Law against abortion. Currently, Toronto criminal Lawyer Alan Young is mounting a constitutional challenge to the Law against soliciting for the purposes of prostitution. These challenges are not always successful (e.g., hate speech, possession of marijuana); however, they have sometimes been successful and caused radical changes in Canadian Law (e.g., gay marriage, abortion). To determine whether to challenge the constitutionality of the offence you have been charged with, your criminal defence Lawyer will consider whether the crime you have been charged with violates your rights in groups 1-3 (the fundamental freedoms, democratic rights, and mobility rights) as well as group 5 (your equality right). If the court agrees that the Law you are being charged under violates the Charter, the Law will be declared invalid. The charges against you will no longer exist, since you will not have broken any valid Canadian Law.
Your criminal defence Lawyer is much more likely to use the Charter to argue that the conduct of the state in investigating, arresting, or prosecuting you infringed your legal rights contained in group 4, which contains ss. 7-14 of the Charter. They provide a number of rules that govern the relationship between the individual and the criminal justice system:
1. Section 7 states that every person has the right to life, liberty, and security of the person. Section 7 also states that no person can be deprived of life, liberty, or security of the person except in accordance with the principles of fundamental justice; 2. Section 8 states that everyone has the right to be secure against unreasonable search or seizure; 3. Section 9 states that everyone has the right not to be arbitrarily detained or imprisoned; 4. Section 10 lists a number of rights which every individual has upon being arrested or detained; 5. Section 11 lists a number of rights which every individual has upon being charged with a criminal offence; 6. Section 12 states that everyone has a right to be free from cruel and unusual punishment; 7. Section 13 states that when a witness testifies in court that evidence cannot be used against them in a separate proceeding. This is a very limited and specific right against self-incrimination; and 8. Section 14 says that every person has a right to have a translator present at every proceeding against them if necessary. For more information on any of the rights listed above, please see our separate blog entries which deal with each right separately and in detail.
If your criminal defence Lawyer feels that your legal rights under the Charter have been infringed, they can make an application to the court for one of two remedies available under s. 24 of the Charter. First, your defence Lawyer can apply to have the court stop the proceedings against you; this is known as a “stay in proceedings” Alternatively, if your legal rights were infringed during the investigation against you, your criminal defence Lawyer can apply to the court to have specific evidence excluded from your hearing. For more information on remedies under the Charter, please see our blog on s. 24.
Criminal defence Lawyers invoke the protection of the Charter by making a “Charter application”. A Charter application occurs during the course of a trial. The rules governing criminal procedure create a special timeline for Charter application. Moreover, Charter applications must be made according to a precise format, must be accompanied by case Law and other documents, and must be filed at the court in a specific manner. It is beneficial to hire a criminal defence Lawyer to help you fight any charges against you because they have the particular expertise to expose possible Charter violations and to make formal Charter applications to the court.Kostman Pyzer is a criminal defence Law Firm serving clients in the Greater Toronto area and elsewhere in the province of Ontario since 1983. Not all <a href=”http://www.torontodefenceLawyers.com/”>Lawyers in Toronto are created equal. We are creative, experienced and hardworking. We pride ourselves on our aggressive representation of clients and our relentless commitment to success. Visit online today.
Pointers for Witnesses
If you have relevant evidence in a criminal case, you may be asked to testify in court as a witness. As a witness, your job is to help the judge and or jury reconstruct the events surrounding the alleged offence. This article contains information to keep in mind if you are ever called to testify as a witness.
When you testify you will do so in a question and answer format. The Crown Attorney and criminal defence Lawyer will take turns asking you a series of questions. The Lawyers may ask you any question as long as it is relevant to an issue in the case. When you are testifying, it is not necessary to volunteer information; you are only obliged to answer the questions put to you.
The most important duty of every witness is to tell the truth. Before you testify, you will be asked to swear an oath or make a solemn affirmation that everything you are about to tell the court is true. Remember that you cannot be charged with an offence based on anything that you say when testifying in a court of Law.
In the context of a trial, telling the truth means more than refraining from telling a deliberate lie. Be careful not to “fill in” any gaps in your memory or unknown details. If you are in doubt about a fact, it is always better to tell the court that you are unsure or that you do not remember, rather than guessing.
If you are asked a question about time or distance, and you are not sure of the exact answer, be sure to tell the court that your answer is your “best estimate”. The opposing Lawyer may try to convince you to vary your estimate. For example, if you estimate that you were at a particular place for one hour, the opposing Lawyer may ask if it could have been more or less than an hour. If you are confident in your estimate you should express that. For example, you could say, “yes, it is possible that it was more or less than an hour, but I am fairly confident that it was close to one hour”. If you are certain about any aspect of time, you should express that certainty clearly. For example, you could say, “it may have been slightly more or less than an hour, but I am sure that it was no more than one and a half hours”. If you have reason to back up your estimate you should also indicate that to the court. For example, you could say, “I am sure it was no more than one and a half hours because I had work at four o'clock, and I clearly recall being on time for work that day”.
It is important that you refrain from answering a question until you are sure that you understand it fully. Do not be afraid to ask for clarification or ask that the question be rephrased. Feel free to take time to think before you answer to ensure that you are answering the question correctly. It is important to take the time to make sure you understand the question and formulate an accurate answer that avoids falling into any “traps” set by the Lawyer. If you do not know the answer to a question, say so. Do not guess or agree with the Lawyer examining you just to avoid looking ignorant or disagreeable.
The opposing Lawyer may ask you whether you discussed what you were going to say with anyone before testifying. It is okay to say that you have. The opposing Lawyer may try to suggest that a friend, fellow witness, or Lawyer instructed you on what to say. If you asked whether the attorney instructed you to say anything, you should say that he or she told you to tell the truth.
At some points, the opposing Lawyer may point out that your story is not consistent with the facts related by other witnesses. Stick to your story. Let the court work out any inconsistencies. These inconsistencies are inevitable. If you are telling the truth and you are confident in what you are saying, the judge or jury will not be swayed by minor inconsistencies.
If, during the course of your testimony, you realize that you have made a mistake or misstated an answer, tell the Lawyer questioning you as soon as possible. If you realize that you made a mistake after you are finished testifying, make sure to tell the Crown or criminal defence Lawyer as soon as possible; they may be able to recall you so that you can rectify your mistake.
During your testimony, the judge will not only be listening to what you say, but also observing your facial expression and demeanor to assess whether or not you are telling the truth. It is important to speak loudly and clearly.
Your demeanor is also important. Try to be courteous and polite at all times. This is a good way to endear yourself to the judge and jury. Be sure to say “yes sir” or “no ma'am” and to call the judge “Your Honor”. If there is a jury, making eye contact will help the jury feel a connection to you.
Try not to get angry or upset when you are cross-examined by the opposing Lawyer. If you are angry, you are more likely to speak without thinking, make a mistake, or appear disagreeable in the eyes of the judge and jury.
As a procedural matter, if one of the Lawyer objects during your testimony you should stop speaking until the judge directs you to continue. If the objection is “sustained” you do not have to continue answering the question; if it is “overruled” you must answer the question.
If you become ill or uncomfortable during your testimony do not continue. It is very important to be clear headed and free from distraction while you give your evidence.Kostman Pyzer is a criminal defence Law Firm serving clients in the Greater Toronto area and elsewhere in the province of Ontario since 1983. Not all <a href=”http://www.torontodefenceLawyers.com/”>Ontario Lawyers are created equal. We are creative, experienced and hardworking. We pride ourselves on our aggressive representation of clients and our relentless commitment to success. Visit online today.
Defense Attorneys and Domestic Violence | ArticlesBase.com
Domestic violence defense is a specialty field among Lawyers and anyone charged under these Laws needs to make certain that they have appropriate legal representation. The penalties for violations of DV Law are stiff and Los Angeles police are empowered to take a great many actions if they suspect that violence is afoot in a domestic scenario. The measures they may take include separating the couple temporarily, seizing any weaponry in the household and determining if any injuries they observe in the course of the investigation were the result of physical violence by a partner or spouse.
What is Eminent Domain Law?
Eminent Domain Law is a statute or regulation of a governing body that indicates the power that such a body has over all property within the physical boundaries in its jurisdiction, and its ability to seize property for use by the public or the governing body. More plainly, this means that if the government wants to appropriate someone's private property for public use, say to build a new highway through, they may use eminent domain to make the property owner sell it to them, albeit for current market value.
Usually a government body is only allowed to enact eminent domain if the taking will be for something that is in the interest, health, or safety of the public at large. This applies, among other things, to the building of new roads or public parks.
It can also apply to utilities for the public good. In the dominion of provinces or states, the body of power authorizes eminent domain power to specific private and public organizations or firms, such a utility companies, which allows them to enact eminent domain actions to run power, telephone, gas, water or other necessary networks.
Throughout a majority of the world's countries, any landowner whose property is appropriated is entitled to just compensation, typically indicated as the property's current satisfactory market value. Condemnation proceedings are those actions for which land is appropriated under eminent domain. In Canada, eminent domain is known as “expropriation” while in the U.K., it is known as “compulsory purchase.”
Eminent domain Law and related proceedings can be quite different between varying jurisdictions. Typically, at the time that a body of government intends to appropriate private property, a series of conditional “if>then” steps are taken.
The first step taken is that a government body delegates buying property for current market value.
If the property owner decides they do not wish to provide their property for such a sale, the government files a court action to apply eminent domain. This is followed the required publication of a hearing notice.
After the hearing notification, the actual hearing is set up. At the hearing the government body has to show that it has begun good faith negotiations with the property owner to buy the property, with the exception that an agreement between the parties was not ultimately made. The government body also has to show that appropriating the land will be for a public use. The property owner may then provide counterclaims to those of the government body.
If the government body wins the case, at that same hearing they set up a second set of proceedings to ascertain the property's appropriate market value. After that fair market value amount has been applied to liens, mortgages, and related payments required for the property, the remaining balance is issued to the property owner. At the end of the proceedings, the government body is assigned the property's legal title.
However, if the government body does not win their case, or if the property owner is not happy with the verdict and proceedings result, the owner or the government can appeal the decision.
When private property is ultimately appropriated by a government body, it is referred to as “taking.” There are many varieties of takings that may happen in the process of eminent domain.
The first is known as “Complete Taking” which, as implied by the name, is the action in which every portion of the property is seized.
The second is known as “Partial Taking”. This implies that only some of the land will be appropriated by the government body. In this case, not only will the owner be paid for the lost portion of their land, but also for the lost value of the remaining land retained by the landowner caused by the potential disruption due to the partial taking.
There is another taking referred to as “Temporary Taking.” In this case, some or all of the land is appropriated for a finite period of time, and the title is retained by the property owner. As with Complete or Partial Takings, the owner is paid for damages related to the taking, and when the expiration of the taking arises the owner retains complete possession of the property.
There are less invasive or committed variations of takings, known as Easements and Rights of Way. An eminent domain action can be used to secure an easement or right of way, such as when the department of water secures an easement over private land lay in pipe for common water needs. The owner of the land is allowed to use their property as they have previously as long as it does not interfere with the easement or right of way.
Fair market value for private property is what is called “fair value.” This is considered that largest sum that could potentially be paid as such. Since market values change over time, the date the property is assessed will affect the value. Professional unbiased appraisers are employed to assist in a negotiation process when both the government body and private owner do not agree on fair market value.
Fair market value often includes more than land value alone. For example, if a company is run on the appropriated land, the company owner is typically entitled to compensation for the disruption or loss of the business from the appropriation. In some cases a business/property owner may be entitled to payment for “goodwill” loss, which is more than the value of the business lost. This overage compensation may be due to such considerations as reputation, location, or established customer relations. When a company leases the property in question, it is typically entitled to compensation for the cost of the lease, for installed equipment on the premises, and reduction in the value of the business.Shapiro
The Reason You’re Hesitant to Get the Legal Help You Require | ArticlesBase.com
Many people would benefit from legal service about once a year. Regrettably, many people dont ask for legal guidance when these situations occur.
In 2001-2002 the American Bar Association commissioned a study on the public perceptions of Lawyers to be conducted by Leo J. Shapior & Associates. This survey resulted in some interesting conclusions that can help us grasp the reasons for the unwillingness of the typical person to get legal assistance.
What to Ask an Injury Lawyer before Hiring
In the present day world, where every one is in a rush to earn and save more money, the right selection of a personal injury Lawyer can prove to be beneficial and save money. All would agree that certain traffic rules exist, but how effectual they are depends on the way in which they are followed. There are various reasons due to which the misconduct or negligence of one party can lead to a traumatic condition of another. One main thing for all those who have faced an accident that led to a personal injury have to understand is that it is better to file a legal case that will lead to compensation instead of paying for the hefty medical bills on ones own.