Legal


August 3, 2011: 9:10 pm: CraigLegal

The term ‘blood alcohol content’ is used to describe the amount of alcohol in a person’s blood. So for a certain amount of blood it measures the weight of alcohol in it. Blood alcohol content is used to determine if a driver is driving under the influence (DUI).

If you are drinking alcoholic drinks such as wine, beer or spirits then the alcohol in these drinks goes into your bloodstream via the stomach and intestines and is delivered via the blood throughout your body and directly to the brain.  This occurs about a half hour from having the drink but varies from person to person.  Things that can affect absorption include the amount you are drinking, the speed of drinking, your body weight, the amount of food you have recently eaten and whether you are male or female.  Generally speaking if you are male, have recently eaten and weigh more then alcohol absorption will take longer.

If you are on prescription medicines these will not directly affect your blood alcohol content, though they may make you feel more intoxicated and affect your driving abilities.  If you are taking medications find out how they interact with alcohol by asking your pharmacist.

You do not necessarily feel drunk to be legally intoxicated.  The signs may be very slight, however that does not mean you are not intoxicated.  Being unable to tell if you are intoxicated is often a sign that you’ve had too much to drink!  If you are impaired then you will not be able to drive with full ability.  You may feel that you can, but this is misleading.  If you are over the legal limit in the US of .08 then you are more than eleven times more likely to be involved in a car crash.  Even if you are below this limit, but driving erratically, then you may still get arrested.

If you have a blood alcohol content of 0.08% or greater you will experience changes in your muscle coordination including loss of balance and a slowing of reaction time. Feelings of euphoria may exist and an impairment of judgment and reasoning.  It will become more difficult to concentrate on anything, which affects the speed you are driving at and your overall sense of perception will be reduced.

If you are on a night out and want to drink – then appoint a designated driver, find nearby accommodation or use another form of transport such as a taxi.  If you are in Knoxville, TN and have a DUI issue then contact this Knoxville DUI Attorney

April 19, 2011: 8:00 pm: CraigLegal

The routes of the contemporary legal system can be enormously baffling. This is as true to someone who knows the system thoroughly, or to someone who is starting to think about it for the very first time. Armchair lawyers, or those who are on the lookout for a Florida personal injury lawyer can find many places of confusion in the modern legal system. It is one of those areas where it can get more confusing the deeper one looks, and every nook and cranny offers further complications.

That is one of the more fascinating and appealing things about the law, of course. It is, like medicine or philosophy, and endless loop of simultaneous repetitions, and multiple variations on themes. A very central idea to the contemporary legal system is found in the essentials of Common Law . There are many who would argue that the entirety of the present system has its roots here, and this suggests that modern law is not necessarily entirely modern.

Common Law originated at least 1,000 years ago, and is generally traced to England . The idea that there should be a judge to settle disputes, and that cases should be considered according to the same criteria as past cases, was one that has had enough traction to last into the contemporary era. To make it more complex, it’s also very likely that these origins have their roots in earlier legal systems, and this ultimately suggests that the law is not only in development and evolution, but it has been that way for a very long time.

January 29, 2011: 8:00 pm: CraigLegal

The Social Security Administration is the sole arbiter of qualifying for social security disability. The actual criteria seem simple. Workers must pass a “recent work test” and a “duration of work test” in order to qualify. However, the actual forms, evidence, and process involved can be extremely difficult to understand and navigate. Which is why so many applicants choose to hire a social security disability attorney to help them with the process.

Theoretically, having a medically determinable physical or mental impairment that interferes with the ability to work for at least a year or will lead to death is all that is required to qualify. Unfortunately the SSA has very strict guidelines as to which impairments count and which do not. They also have another set of guidelines and requirements as to the evidence that can be used to determine that the impairment is valid.

How old a worker is at the time of disability can affect eligibility under the recent work test. It can also affect the size of the actual benefit awarded. The duration of work test refers to how long a worker has been paying into the social security system in the form of taxes being deducted from paychecks . The number of credits built up in the system can mean the difference between eligibility and being denied benefits.

As long as a worker meets all three criteria: age, work credits, and provable, qualified disability, they should be granted disability benefits.

August 16, 2010: 4:10 pm: CraigLegal

Any loan originator or mortgage broker covered by the New York state law who doesn’t hold an approved license through the Nationwide Mortgage Licensing System (NMLS) or who did not file an application prior to December 1, 2009, and complete a 20 hour required pre-licensure education, pass the New York mortgage test , both national and state, and submit a request for criminal background check through the NMLS, may not originate mortgage loans.

All pre-licensure education applicants after 7/11/09 should have completed 20 hours of NMLS approved pre-licensure education including 3 hours specifically about New York laws. Existing licensees approved as of 7/11/09 must have completed the 20 hours of NMLS approved pre-licensure education, including 3 hours specifically for New York by 8/31/2010. Note: reciprocity cannot be granted for State specific courses required to meet the requirements of other jurisdiction.

New York intends to participate in the pre-licensure education certification process. State approved courses taken after 11/30/2009 will not be accepted for certification as part of the pre-licensure education process. All licensees must take 11 hours of NMLS approved continuing education, including 2 hours specifically for New York State Law, in 2011 in order to renew for 2012.

Anyone who failed an application prior to 7/11/09 should have passed the National and State Components of the SAFE Mortgage Loan Originator test by 5/31/2010. Existing licensees approved as of 7/11/09 must pass the National and State Components of the SAFE MLO test and complete a criminal background check by 8/31/2010.

June 24, 2010: 4:10 pm: CraigLegal

You should never wait to hire a lawyer as a business. Lawyers are not just outside staff that you hire when you are in series trouble. While you can make sure that you have a criminal defense lawyer lined up for your business, that is not the type of lawyer being discussed in this article. Every business needs a lawyer who really knows business law, and they should be part of the outside staff from day one of the business.

There are a large number of things that you will want a lawyer to look over as you get started. Some of these are things that you might not have thought of as being part of their realm, but if they are not set up appropriately the company could be sued and get in a lot of trouble. If they have helped a number of businesses over the years you may just want to listen to their advice on some topics anyway because they probably know structures and protocols that have helped make nobody companies into great companies. The lawyer you hire needs to be localized as well, so that you know they know the laws in your state. If you do business in Phoenix you will need a Phoenix, Arizona lawyer .

Some areas of expertise for business lawyers include the structure of the business, deciding on the policy on receiving money from outside sources, developing a hiring process , writing up a contract template which can be used for all future people you hire. There are other things that fall in their realm as well. If you don’t know what all you want them to help on, talk with them about what they usually do for their business clients. Talk it out with your business partners if you need their input before moving forward, and then let the lawyer know what areas you will be focusing. Remember that he is going to bring the legal perspective on these things.

There is another time when you will need a lawyer and that is when there is some kind of new business deal going on. Either a merger , or opening up a new branch. When dealing with opening a new branch in a different area you will want to be careful of the lawyer you hire. You need one that knows the area you are opening into and one that knows the area of the parent company. This will protect you on both fronts. There is a difference between states and sometimes even cities when it comes to business law, Denver and Boulder although close, will have different laws governing the companies.

June 22, 2010: 4:10 pm: CraigLegal

Those people who have a really bad temper probably know that this is a bad thing. Even if you are getting help for the problem you can still get in a lot of trouble in your interpersonal relationships but you can also get in a lot of trouble with the law. Some of these people probably already have a lawyer they feel they can rely on. Those that don’t probably should. This is because if a threat is taken even slightly seriously, which happens often times when people have an out of control anger and make threats when they look at their most dangerous, you can be arrested for assault.

You don’t have to hit anyone to be arrested for assault because assault is when you make the threats. When you hit someone it is called battery. That is why there are a lot of cases that are tried for assault and battery . All an assault charge takes is for you to tell someone that you are going to kill them, or that you are going to break their knee caps or something equally innocent seeming in the circumstances. While it is a little harder in some situations to prove that someone actually said anything threatening the well-being of a person or their property when there are not a lot of witnesses around, or even to prove that they meant it as a threat and not as a joke, when someone is serious the victim needs to not be afraid and take the matter to the police. Now of course some of those phrases, like “I’ll kill you” or “He’s going to kill me” can be innocent things and not really mean all that much and charges should not be brought against each and every person who uses phrases like that. However, that does not mean that it never happens.

If you have used one of these phrases in a moment where it could be misinterpreted you may want to make sure that you have on speed dial your favorite criminal attorney. AZ has a few experienced lawyers of this nature who know the assault laws very well and can help you further figure out the nuances and fine lines of what is ok and what can get you arrested. Because this is a federal offense most states will have someone though if you are not in Arizona at the time it happens.

September 3, 2009: 11:39 am: CraigLegal, Politics

When following policies regarding corruption such as bribery, extortion, money laundering and fraud, it is important that those doing the investigations as well as the companies involved in detecting and tracking suspected corrupt behavior, consistent compliance is such an important aspect of the battle, but sometimes an aspect that is difficult to maintain.  The requirements are specific, but even still they are sometimes not followed thoroughly.

As with any activity that requires a constant and diligent effort, learning to surf or learning to play the cello, the only way to ensure a proper return, meaning success, is to be consistent on a daily basis.  For companies with regards to the requirements set upon them for their responsibility for fighting terrorism the consequences of not remaining consistent are far greater that that for the aspiring cello player or surfer.  For a lax approach to following all of the laws, companies or organizations may be held responsible for criminal actions themselves.

They risk penalties, fines, prosecution and the loss of either business or the company entirely.  However, if a company can show that they have been compliant, consistently so, they will not be held liable.  The best way to maintain the constant compliance of employees is simple.  Compliance is rewarded while non compliance is punished.  This may seem to be common sense, however it is written as advice in the Sentencing Guidelines manual itself.

The guidelines suggest ideas such as incentive programs that reward thorough and complete performance with regards to ethical business practices,  and they offer advice on the disciplinary actions that are appropriate for the various levels of failing to take steps in the detection and the prevention of those criminal activities.  There are also suggestions on the course to take when the employee themselves is involved in the criminal behavior.  The guidelines allow leeway with the company for the creative solutions they come up with in order to deal with errant behavior of an employee, as well as their own creative ideas with regards to the incentive programs in regards to performance of an exemplary nature.

September 2, 2009: 5:30 pm: CraigLegal, Politics

Consistency in practice and enforcement to ensure a company’s compliance to the rules  and regulations set up by the FCPA, which set out to deter and to stop corporate corruption, is one of the hardest aspects for these companies to follow through practicing and enforcing.  For some reason, these corporations, although they may start out in compliance, and may keep a steady pace for some time, they tend to fall into a downward spiral in not keeping consistent within their organizations.

Their efforts seem to fade and disappear over time.  The ones in charge of this enforcement seem to replace diligence with relativism, at every turn.  Sometimes this is marked by a lax adherence to the regulations, as the pressure on the company begins to grow in relation to the businesses ventures or joint agreements with prospective foreign companies threaten to walk away if the due diligence is continued.  This is especially so when that client would be a really great account to score.

The FCPA regulations have been in place for some time, enough time that foreign companies with sophisticated teams of lawyers are beginning to accuse those policies as demeaning and insulting.  If the complaints seem rational, and if the foreign company is threatening to walk away from the deal, agreement are softened, policies are not enforced, thereby weakening the obligation of the state side company to follow the guidelines of compliance, sometimes by just a little bit, sometimes by quite a lot.

This has been the case too, in dealings with countries that are staunchly and strictly nationalistic, such as Russia or China.  Representatives from these two countries state that the laws of the FCPA are insulting, not only to their own legal systems, but to their own personal selves, inferring that they perceive the guidelines and the following of those guidelines as accusations, or that they themselves are not duly diligent.  In any case, it seems that if these foreign companies that are putting up such a struggle would not do so, where they to be operating and conducting business above board.  It just leads one to wonder, just what may they be so afraid of?

: 12:22 pm: CraigEconomy, Legal, Politics

When a financial institution is connected with terrorist financing, this will most likely be the end of that institution’s lifespan. In the world today, not only is there a legal response to acts of terrorism and those who provide the funds for those acts, but there is an emotional response as well. In the years following the terrorist attacks on New York City and the Pentagon, and the current times of the acts of terrorism in other countries being broadcast on the nightly news and spread across the Internet, the public is now more aware than any of the effects that corruption and terrorism has on human lives.

When an institution or a company is linked in any way to such activities it will have disastrous effects on their reputation, and on the country in which they are located as well. All those involved in having business relations with others, with strangers, need to be aware of the steps to take in order to ensure that this does not happen.

There are certain policies that all American banks and corporations follow such as the “know your customer” policy set up by the Foreign Corrupt Practices Act. And while the steps taken as laid out by the Act are considered to be policies and procedures, the act of not following the guidelines is a federal crime, punishable to the same extent of the law as are those who commit the acts of corruption themselves are. For when an institution fails to follow the concept of due diligence, if their employees become lazy in their efforts to fully examine those in which they are about to do business with, the ramifications are devastating. Innocent companies can meet their ruin by simply failing to do their jobs consistently and by not keeping accurate records of the transactions in which they are a part.

August 3, 2009: 5:44 pm: CraigLegal, Politics

Bribery.  This is a form of corruption that affects the world of business and the world of politics.  The definition of bribery is any form of payment that is accepted or offered that is deemed improper.  When conducting business with foreign countries and companies, the defense of accepting or offering such payments has been that cultural differences account for misunderstanding, that customs in other cultures vary from the culture of the United States and what may be seen as a simple gift in another country is seen as a criminal act of bribery in the United States.

The Foreign Corrupt Practices Act outlines the specifications regarding what constitutes a bribe, and the definitions are very clear.  These laws apply domestically to any entity or individual who conducts business with governments and/or corporations abroad.  A domestic concern refers to all nationals, residents and citizens of the United States.  It also refers to any partnership, association, un-incorporated organization, or sole proprietor of a business that is located within the United States or those that are involved with American businesses.

This also applies to territories and commonwealths of the U.S.  All of those divisions mentioned above are held liable and accountable for their actions, which involve not only physical actions, but those conducted through the U.S. Mails services, the phone, and the correspondence by use of any technological means, such as faxes and emails.  The laws and regulations apply to those actions that are taken outside of the United States, when such actions are involving U.S. companies or members of the U.S. government.  These laws and regulations are meant to protect the integrity of the United States, through the ensuring of ethical business transactions and political actions.  These are intended not only for moral reasons, but for economic reasons as well, for when a business or a country gains the reputation of conducting corrupt transactions, other companies and countries take their business elsewhere, leaving the accused in danger of economic ruin.

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