History of Probation
In the United States, this practice was illustrated, in 1841, when a shopkeeper persuaded a judge to allow him custody of a man convicted of public drunkenness. This was to give him time to show that the defendant could be rehabilitated by the date of his sentencing. Even in earlier times, the practice of suspending a sentence was used in 1830 and began to spread throughout the court system. In 1878, however, the ironically named “Captain Savage” (a former police officer) was appointed as the first official U.S. probation officer.

National Probation Act of 1925
In 1916, the U.S. Supreme Court held that a Federal judge did not have the power to indefinitely suspend a sentence. This eventually allowed for the National Probation Act of 1925 which gave the courts power to impose probation in lieu of penal incarceration.

State Wide Probation System
The first state-wide probation system, however, was instituted in 1880 and by 1920, 21 other states had adopted similar policies. But with the passage of the 1925 National Probation Act, the practice became nation-wide. In 1936, the Crime Control and Consent Act was instituted by 25 states and allowed for the supervision of offenders, under their rules of probation, to be conducted in state other than the original jurisdiction where the sentence was handed down. By 1951, all states in the U.S. had a working probation system in place and the Interstate Compact Agreement was ratified. By 1959, that agreement was ratified by Alaska, Hawaii, the U.S. Virgin Islands, Guam, American Samoa and the Commonwealth of Puerto Rico, as well.

Please note that this article is for informational purposes only and is not intended as legal advice.

Probation can be an effective legal tool, when used properly by the courts. To know more about your legal rights, as a defendant, contact Attorney Gary R. Jodat, serving clients in Sarasota, Florida.

Truck drivers may drive recklessly, taking turns too fast or breaking established trucking laws on lane changing and passing on the right. Sometimes they fail to do proper checks before and during a trip, or they carry excessive or unbalanced loads. There are many ways that truck drivers can cause accidents.

However, there are also many ways that car drivers are the real cause behind a truck accident. In many cases car drivers make the initial move that sets off the reaction that leads to the truck accident. Unfairly, car drivers often are not held accountable. They drive away from the destruction they have caused. If all kinds of vehicles are going to share the same roads, then it is important for all drivers be safe and responsible.

It is an undisputed fact that cars are easier to maneuver than large commercial trucks. They can change lanes faster and also accelerate and slow down quicker. Car drivers need to take into account that trucks move differently. They need a greater distance to slow down and stop. Many accidents are caused by cars that pass trucks with insufficient headway. They pull in front of the truck then suddenly hit their brakes to avoid hitting the car in front of them. The car may be able to slow, but the truck they just passed will not have the room and plow into the car, pushing it into the one in front of it.

A similar situation is when a car merges unto a highway or into a lane in front of a truck without accelerating sufficiently. Once again the truck does not have enough room to slow down and avoid an accident.

Car drivers also cause truck accidents when they drive improperly around trucks. This can be done by driving in the trucker’s blind no-zones, the areas behind and next to trucks where the driver has limited or no visibility. Other car drivers drive close behind trucks or drive in between two trucks. This can cause multiple problems including cutting off almost all road visibility for the car driver. Surrounded by big rigs they have no idea of the traffic conditions around them.

Car drivers can get impatient, and speed around and in front of trucks. They may maneuver to the right of a truck that is making a wide right turn, or turn left in front of an oncoming truck. Some even play games, pulling in front of a truck and hitting their brakes. All of these actions can be extremely dangerous. Even if the car escapes the danger they may have forced the truck to brake or swerve suddenly, causing an accident. Just as truck drivers need to drive safe, it is also critical that car drivers are safe and responsible on the roads.

This article is not intended for legal advice.

Further Related Legal Sources: The Law Offices of Gordon & Elias, LLP. Serving accident victims in North Florida and throughout the nation.

What Mediation Can Resolve

Through mediation, spouses can settle all aspects of a divorce, including:

• Who will have custody of the children
• Whether or not child support will be paid
• Whether or not alimony will be paid
• The division of all assets and debts

Advantages of Mediation Over Court

There are certain advantages to trying to come to a resolution through mediation instead of court. Because the mediator is a neutral person with no interest in the outcome, they will offer objectivity that may help a couple that is still emotionally invested to come to a fair agreement.

Additionally, mediation is confidential. Anything that is spoken about during a meeting with a mediator cannot be presented in court should a divorce trial become necessary. In court, everything that is said is taken down by a court stenographer and can be recalled at a later time.

Mediation Steps

Mediation involves the following steps:

• The mediator explains the process to the spouses
• Identification of the issues to be resolved
• Discussion between the parties as to what each thinks is fair
• Negotiation to try to resolve the issues
• Reaching an initial agreement
• Approving a final agreement

The mediator must make sure that both parties understand what the initial agreement entails and that both are satisfied with the agreement. Then the mediator will draft the final agreement. Once the final agreement is complete it must be taken to the court for approval.

Mediation is a good alternative to a divorce trial. It allows both spouses to sit down with a neutral third party to try to come to an agreement regarding all aspects of the divorce in a confidential setting. Mediation is much more likely to be successful if both parties have mutually agreed to the divorce and there isn’t a great deal of animosity between them. If one or both spouses are angry and looking for revenge then mediation probably will not work and the divorce may have to go to trial to reach a final agreement.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about divorce law.

Additional Legal Pages: For more information about divorce mediation please visit WurtzelLaw.com

Lost Wages

When you are in a serious car accident you will likely have to take time off of work for doctor visits and possibly even because you have no transportation to get you to and from work. Some insurance companies offer optional lost wage reimbursement coverage. Check your policy to see if you have this coverage. If you don’t have this coverage it may be more difficult to recoup your lost wages, but you are still entitled to this compensation. Additionally, some insurance companies may stall by claiming that the other insurance company must pay for your lost wages instead of paying it out of your own coverage.

Make sure to retain all documentation from your doctor that states you couldn’t work because of injuries, and also documentation from your employer regarding the time you did miss from work.

Pain and Suffering

In order to be compensated for pain and suffering you need to document all aspects of your injuries. You should take pictures of all injuries incurred as a result of the accident. You should keep track of all medical expenses and talk to your doctor about all of your injuries so that they are all documented. If your doctor sends you to see any specialists, document this as well. You should also keep track of all prescriptions that were used to treat your injuries.

Generally, pain and suffering is valued at three times whatever the medical expenses were. For this reason it is very important that you keep track of all of your medical expenses.

Before You Accept a Settlement Offer

Whether you have decided to hire the expertise of an attorney or not, there are some things you need to make sure are accounted for before you accept any settlement offer from the insurance company. They are:

• Your car will be repaired with quality parts or if it’s totaled you are getting a fair amount for it
• You are compensated for all medical expenses already incurred, in addition to any future medical care required because of the accident
• With severe injuries the general rule is that pain and suffering compensation equals three times the medical bills
• You are compensated for any lost wages and other expenses caused by the accident, such as child care because your injuries prevented you from being able to care for your children

Having documentation of all injuries, missed work, car repairs and any other expense incurred because of a car accident is your best defense against the car insurance company.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about car accidents.

Additional Legal Pages: For more information about car accidents please visit WurtzelLaw.com

All duties must be taken in proper steps to ensure that the estate is taken care of properly.  Any mistakes can slow down the whole estate process.  There also may be mistakes that lead to beneficiary upset.  In some cases the representative can be liable for any mistakes that have been made.

Under the law, the personal representative is legally obligate to distribute the probate estate to Florida law.  The person is responsible for gathering, identifying, valuing and safeguarding all assets.

A notice to creditors must be published in the decedent’s local paper.  This gives people who need to file a claim, to do so in a manner that is in accordance with Florida law.

There must be a notice of administration that will provide information about the probate and administration procedures that must be followed.  These are set in place for those people who have any objection to the decedent’s estate.  They will then have a certain amount of time to file a complaint if they disagree with the terms of the estate.

Any creditors must be notified as of the time that their claim must be filed.  The personal representative must do a reasonable search to find all creditors.  These creditors are deserving of receiving rewards for all debts that were incurred by the decedent.   Florida law helps to not only protect decedents and beneficiaries, but creditors as well.

The personal representative must make sure to object to improper claims.  Suits that are brought on must be defended.  This helps to protect the estate from any wrongdoing.  All valid claims must be paid.  All tax returns must be files and paid.

If need be, the personal representative will find professionals that will assist with administering the estate.  These professionals may be accountants, investment advisors, appraisers, and attorneys.  If a representative needs help with the estate, it is advised that they obtain the proper assistance so that all duties are carried out in the correct manner.

All expense related to administering of the estate must be paid.  All statutory payments must be made to a decedents’ spouse and/or family.  The representative must distribute assets to the beneficiaries and close the estate.

The personal representative has to carry out all duties in the proper manner that is in accordance with Florida law.  If this is not done, the representative will be liable for any harm and suffering that may be experienced by beneficiaries.

This article is not intended for legal advice.

Additional Legal Site: The Law Offices of Adrian Philip Thomas. Serving clients in Fort Lauderdale, Fl.

Consult a Raleigh attorney to help you support your rights and keep you updated on the possible penalties and outcomes of your case.  There are wide ranges of penalties that can be considered.  These will often depend on injuries sustained by the other party.  The court will also look at things such as a prior record of violent crimes and assault.  You may be facing penalties such as jail time, probation, parole, fines, driver’s license loss if a vehicle was used, loss of the privilege to own firearms, and possible anger management classes.

A Raleigh attorney specializing in criminal defense law can work with the courts on your behalf.  This is especially true if no actual injury occurred.  You may get your sentence reduced to a misdemeanor.  It may be your first offense, or you may be protecting yourself or a loved one.  In these situations, you may get off with probation, community service, and classes. No matter what the situation, the law needs to be on your side to defend your rights.  Always make sure you have a good lawyer.  Never try to defend yourself in any situation.  This will usually lead to a higher sentence.  You cannot negotiate with the prosecution or the judge.  You probably don’t know the loopholes and the laws that are out there to protect you.

Raleigh criminal defense attorneys that are experienced in representing those accused of assault, will be your best asset in court. Not only can they work to get the lowest sentence, they may be able to arrange for alternative sentencing. This would allow you to complete a program and not have a felony on your record.  A felony record will stick with you and alter many aspects of your life.  This is something that no one wants.  This is especially true if you are a younger person.  You will be in more situations where your felony charge will come back to haunt you.

Once a felony is on your record, it is there for good.  This will tarnish your reputation and make it hard to get future jobs.  You must let a potential employer know that you have been convicted of a felony. They will also ask what the crime was.  If they find out you have lied on an application, these are grounds for being fired.  You want to keep your freedom and a clean record in order to have as few limitations as possible.

This article is not intended for legal advice.

Additional Legal Information: Assault Attorney Michael Driver. Serving clients in the Raleigh area.

Personal Injury Lawsuits: Malicious Prosecution/False Arrest

Personal injury lawsuits involving the damage done to a person who is arrested under false pretense or prosecuted maliciously also play out in the courtroom.  These types of cases can also address the defamation of a person’s character if they are found innocent of the crimes of which they are accused.

Personal Injury Lawsuits: Worker’s Compensation Settlement

Our country has compensation laws in effect that govern the injuries that are sustained in the course of employment, and for dependents of workers who lose their lives on the job. Each state has its own framework of regulations regarding Worker’s Comp, with the exception of federal workers who are subject to federal statutes.

Filing Personal Injury Lawsuits

Personal injury lawsuits are usually handled by personal injury attorneys.  Personal injury attorneys and law firms have experience handling personal injury lawsuits that involve bodily injury, disease, sickness, and death, as well as injuries to a person’s character.  A personal injury attorney can help you determine if someone is truly at fault for the injuries that you have, and if they can be held liable for damages and compensation for the injury.  There are statutes of limitations that apply to personal injury lawsuits that differ from state to state. A statute of limitation is the amount of time that you have to file legal action against the offending party.  Because of the time-sensitive statute of limitations regarding personal injury lawsuits, contacting a reputable personal injury lawyer as soon as possible following your injury is of the utmost importance to receive the maximum compensation under the law.