The Daily Observer

We observe, you read and decide

Year: 2020

General Article

Simple Tips When It Comes to Criminal Law

Simple Tips When It Comes to Criminal Law

No one wants to be accused of a crime, but what would you do if that ever happens to you or a loved one? Would you know how to handle a situation like that? That is why knowing something about criminal law might come in handy.

It might be you or or a loved one who could be accused of doing something criminal. The important thing is that you should know what to do. You should be able to handle it or things can go from bad to worse in a very short period.

What You Should Do

If a loved one has been accused of a crime, the first thing to do is to get in touch with a criminal lawyer right away. They would be able to tell you in greater detail the actions that have to be taken to help ensure that your loved one’s rights are not violated.

Get Vital Information Right Away

Information is vital at this stage and situation. You should find out why your loved is being held and where. You must know the police agency that is holding them, the name of the law enforcers involved, what the case is. Ask these details from the law enforcers and not from your loved one as your conversation might be recorded and that can be used as evidence against them.

Remaining Silent is Important

Tell your loved one that it is important that they should remain silent and that they do not say anything at this point. When you speak with the law enforcers, you should tell them that your loved one will not make any statements and that they should wait for the arrival of the attorney. Take note of the time of your conversation.

Documentation of Events

It is important that you take note of everything that is happening right from the moment that you learn of the arrest. Take note of the time that events occur as well. Doing this could help the attorney to make the defense.

The Importance of a Good Lawyer

We could not overemphasize the importance of a good lawyer at this point. You should find someone who is experienced and well-versed when it comes to criminal law. If you can find someone who has dealt with the kind of case that your loved one has then that would even be better.

Support is Important

At this stage your support and help could be very vital for your loved one. You must show them that you will be there for them no matter what. They must understand that you will be ready to deal with any kind of problem that might arise and that you are not judging them because of what has happened.

Facing criminal charges isn’t something that we would really want but when it happens to us or to our loved ones then we have to be ready. It helps to know a thing or two about criminal law because that might mean your loved one being acquitted.…

General Article

Tampa Crime Rate Down, Still Dangerously High

Tampa Crime Rate Down, Still Dangerously High

In 2008, there were reports of over 37,000 crimes committed in Tampa or about three per household. Tampa, as well as other major cities in Florida, is known for its high crime rate.

The ratio of Tampa crime compared to New York City crime is a surprising discovery when keeping in mind that New York City is one of the nation’s most densely populated cities. Tampa has a higher ratio of nearly all major crimes including triple the counts of rape and nearly quadruple the counts of burglary.

The only positive statistics coming from Tampa’s crime rate is the consistent annual drop in crime. In the past ten years the average crime rate in Tampa has decreased by more than half. Counts of burglary, murder, aggravated assault, and robbery have all dropped, and should continue to do so.

The crimes committed vary in severity and when individuals are prosecuted can be charged with a felony or a misdemeanor. The punishment for a felony can range from a year in prison to life or possibly even the death penalty. Misdemeanors are typically of a less severe nature and can range from a simple fine to up to a year in jail and a $1000 fine.

Misdemeanors can also come with sanctions such as suspension of a driver’s license, use of crimes against oneself in future trials, risk or deportation, or house arrest. Though misdemeanors are seen as lesser crimes they can still hurt an individual if he or she continues to disobey the law, and can possibly prevent certain types of employment.…

General Article

When Do You Need a Trust Litigation Attorney?

Will Contest in Texas happens when a lawful test is delivered against a trust or estate arranging document’s legitimacy or execution. Debates are ordinarily between heirs, yet can likewise emerge among heirs and the executor or trustee.

Debates of this nature can be quite confounded. They frequently require numerous different, however, entwined lawful activities. Due to the countless issues that could emerge during litigation, it is critical to find a lawyer with wide-based information and skill in estate arranging, trusts, and probate law. There are numerous reasons why a Will Contest in Texas may occur:

The individual who made the trust needed lawful power to do as such

This could challenge the legitimacy of the whole document. Firmly identified with this, an individual could not have the intellectual ability to execute a trust agreement. Dementia, other neurological or memory-influencing sicknesses, and intoxication are, for the most part, grounds to challenge a person’s testamentary limit. These cases require witnesses and clinical records.

The maker of the trust was pressured

It is illegal to pressure, power, or stunt individuals into marking estate arranging documents. Through excessive impact, an individual making a trust may have been directed to disperse assets in a specific way that could be seen as strange, preventing the producer from getting the choice needed to guarantee the document is legitimate. Sometimes, this can be viewed as a case of senior budgetary maltreatment. If some type of control made your inheritance psychologist or left you out ultimately, a trust litigation lawyer can help.

Allegations like these require observers. Whenever demonstrated in court, these circumstances can prompt criminal allegations, for example, misrepresentation, theft, and senior maltreatment.

Break of fiduciary duties

If the executor or trustee neglects to impart in an ideal manner, ruins reserves, self-bargains, coexists assets, participates in sketchy bookkeeping rehearsals, or has an irreconcilable situation, legitimate guidance can help ensure the trust and uphold its steadfast execution. If this doesn’t occur, a fiduciary could be considered to penetrate the faith, leaving them open to a legitimate test. The guidelines and repercussions for the break of trust fluctuate by state. At any rate, the individual can be taken out. In cases with missing assets, they can be considered responsible.

Document fabrication

Now and then, individuals manufacture signatures. It sounds unrealistic, yet keep in mind the lines a few people will cross for cash. A few documents are entirely produced, leaving open the chance of a standard test, however a criminal issue too.

Will Contest in Texas is messy and may require a few legitimate activities dependent on related, however separate cases. A lawyer with a wide-based estate, trust, and probate experience will be expected to effectively resolve numerous kinds of issues that could jump up when trust litigation initially turns into a possible chance.

Another heir is contesting the trust

Family squabbles about inheritances can get out and out monstrous. If you discover that a relative has gained a lawyer and expects to challenge a trust or enter litigation in a manner that could reduce your inheritance, you ought to consider getting your very own lawyer. In court, the best case wins. You’ll need somebody who speaks to your interests.

One of the two players may get inspired to arrive at a settlement before mounting legal costs exceed any expected litigation increases. A wise lawyer is aware of the money-saving advantage bit of both your case and your adversary’s case. They can help you estimate if or when the opportunity arrives to think about moving towards a settlement.

Law

Important Things To Know About Drug Testing Procedures For DOT

If you are going to observe the number of accidents happening on the road, then you will learn that most of the drivers involved are driving while intoxicated with illegal drugs like marijuana because they believe that this will keep them awake. However, they are not also thinking that they may not be in the right condition to perform their duties and responsibilities because the effects of toxins may lead to mental impairment that can affect their behavior and focus on the road.

I supposed they are aware of the DOT drug testing procedures, especially when they are hired as company drivers. Keep in mind that as a professional driver, you have to make sure that you can perform your job safely because one particular motor vehicle accident may end one’s life, injure an individual, and destroy properties.

Now, if you are going to drive a car or truck when you know that you are tipsy and quite in a euphoria, then you should ask yourself if you will be able to reach your destination because you are at risk due to hallucinations. The effects of alcohol as well as marijuana or cocaine will change your good side and this will put you into trouble.

What if you will be caught and charged with a DUI during your working hours because police officers are strictly implementing the law and would like to minimize the abuse alcoholism? Think about how this will affect your work, future, and the company that employed you because to be in such a situation may change your life and you might find it difficult to get a second chance. This is the main reason why every employee whose job is related to transportation services must undergo thorough screening before starting to sign a contract and even when already in a position if requested.

Department of Transportation

The DOT in the United States has a law where every employer must strongly implement a policy that will require the employers, especially those who are driving as a part of the company’s functions, to submit a valid alcohol and drug testing result. This should be made as an imperative and a mandatory rule to ensure the public’s safety because a single road accident may risk the lives of innocent individuals and properties. Visit to continue reading about this bill passed by the US Congress in 1991.

This law is specifically intended for safety-sensitive employees who are dealing or in-charged with transportation services either by land, water, or air. Working impaired will not only be dangerous to the working environment but for the workers as well. This will greatly affect the good reputation of the company so through the said law, current and future employees should comply with this screening.

This law applies to drivers, operators, engineers, mechanics, technicians, pipeline controllers, captains, pilots, and other personnel. The drug testing will be conducted to screen the use of prohibited drug groups, such as THC or marijuana, cocaine, amphetamines, opiates, and phencyclidine. You will be asked for this laboratory test for pre-employment, post-accident, return-to-duty, follow-up, and random purposes.

Where and How

You cannot go to any doctor when performing this type of requirement. The Department of Transportation has a list of agencies where you are only allowed to go for your specimen to be collected. If you are going to submit a result that was screened by a hospital, clinic, or laboratory that is not accredited by the DOT, then the employer will not consider it as a valid testing result.

When you are already in the clinical laboratory, the experts are going to collect the specimen which could be in the form of urine, saliva, or hair. There will be a specialist or they are going to assign someone to assist you with your needs. The sample will be screened in a few days and then they are going to send you the result.

By the way, once the outcome for drug testing is positive, the experts are going to repeat the procedures. Now, if it turned out to be positive again, then that will be the final result and that would be sent as a report.


Technicians

Any specialist with prior knowledge about the said screening is not allowed to take the specimen or sample from the employees. For drug tracing, it has to be collected by the screening test technicians or STTs, while Breath Alcohol Technicians or BATs should be collecting the samples for the alcohol content using approved screening devices. These technicians are trained and it is their duty and responsibility to send honest and precise results to the respective employers with confidentiality – read here for more info.

Even the immediate supervisors, high-ranking officials, or company owners cannot collect your specimen. However, during the absence of …