Tuesday, 27 January 2015

Understanding Parental Kidnapping Laws in Georgia

Divorces can be quite messy and a lot of laws have been enacted to cater for the various scenarios that avail in such disputes. Things get even more complicated when there are children involved in the equation. Parental kidnapping laws in Georgia are meant to help you in the event of your estranged partner talking custody of your child and fleeing the state effectively deprived you of any access to the child. If you are the one contemplating this course of action, then you are best advised to extinguish such thoughts and know that it is a path filled with thistles and thorns.

What Is Parental Kidnapping?

Parental kidnapping applies to divorce cases and refers to the act by one of the feuding parties of seizing the child or children sired from the union and fleeing. This is an attempt to deprive the other parent of their custody. Parents who resort to this strategy always lose in the end.

Parental kidnapping can be viewed form a number of angles.

  • It Is a crime 
  • It Influences the court’s decision in a custody case
  • It Constitute child abuse
One aspect that is covered by this law relates to overlapping jurisdiction. Federal law does not allow more than one state to have jurisdiction over the same case. In cases of parental kidnapping, the state where the child in dispute ordinarily resides has jurisdiction over the case. This has effectively put a stop to instances where parents who feel they have received a raw deal in a custody ruling will snatch the child and flee to another state in the hope of a better ruling. This law thus prohibits courts from overturning custody decisions established in other states.

Parental kidnapping is against the law and the courts that you were trying to deprive the jurisdiction over the case will almost certainly go against you. The act of kidnapping does not only rob the parent of the custody of the child but also robs the child of their right to have access to both parents. These types of abuse will also factor into the ultimate court decision. 

The worst case scenario is when one parent grabs the child and leaves the country altogether. Such cases international law will offer the same protections to the child and the parent that has been deprived access to the child. If your ex has kidnapped your child, find a good divorce lawyer and have them go to work immediately.

Divorce cases are often full of drama and desperate measures usually set in. Some parents will grab the child and run in anticipation of or after receiving an unfavorable custody ruling. There are laws in place to help the deprived parents and child in such circumstances and you need to secure the services of a competent divorce lawyer as a matter of urgency to get your child back.

Thursday, 22 January 2015

What is the Difference Between DUI and DWAI

DUI penalties and sentence of DUI laws in Denver are based on numerous factors. In the state of Colorado, Denver DUI laws require a blood alcohol content  (BAC) of .08% or higher. Under Colorado law, if you are caught driving under the influence and your BAC comes out to be .08%; it adds 12 points to your driving record and may result in suspension of your driver’s license.

Driving while ability impaired DWAI, on the other hand, is a charge for drivers with a registered BAC between .05% and .0799%. It adds 8 points to your driving record, which means that your driver’s license will not be suspended immediately; instead, it will be suspended if your current record includes other driving violations such as reckless driving or speeding. 

Everything You Need to Know about DUI and Your Driver’s License
Two cases are involved when someone is caught driving under the influence in the State of Colorado:
  1. A criminal case that is handled in the court system
  2. A civil case that involves the Department of Motor Vehicles
In case of DUI, the decision is based on the percentage of BAC, whereas, in case of a DWAI, the DMV will determine if your driving points justify suspension of your driver’s license. You have just seven (7) days to request a DMV hearing and if no petition is filed during those seven days, your driver’s license will be suspended on the eighth day.

Denver DUI Laws and DWAI Penalties

The consequences of being convicted depend upon various factors such as whether an accident occurred or injuries were caused, and if there were prior convictions. If you are a first time offender, you may expect the following:
  • Perform public service
  • Attend alcohol education classes.
  • Pay fine and court expenses
  • Spend a few days in jail.
DWAI with Previous DUI
  • Jail – 60 Days to 1 Year
  • Fine – $800 to $1,200
  • Public Service – 52 to 104 Hours
DUI with Previous DWAI
  • Jail – 70 Days to 1 year.
  • Fine – $900 to $1,500.
  • Public Service – 56 to 112 Hours.
Can a Denver DUI Lawyer Get a DUI dismissed?
If you are caught driving under the influence in Denver, the smartest decision is to contact an accredited DUI attorney in Denver immediately. Remember that a Denver DUI lawyer can enter a plea agreement for the defendant, as a result of which, the charge of drunk driving is reduced to the charge of reckless driving. However, the plea bargain depends upon the severity of the case and factors involved.

Sunday, 18 January 2015

The Work of a Private Investigator in Miami-Behind the Scenes

Every private investigator in Miami has an onerous task before them every day. Their services are very important in assisting law enforcement agencies, corporations and individuals. They provide a variety of services that require a high degree of specialization. Investigators draw from their training and experience in various related job profiles and as private investigators. The services are also utilized by attorneys. The investigator can be in the full employ of attorneys, corporations or individuals and also opt to go into private practice.

Private Investigator in Miami

The Services

Private investigators provide services such as:

• Infidelity investigations
• Child support, custody, and alimony investigations
• Missing person investigation
• Corporate investigations
• Consultancy
• Probation violation investigation
• Criminal investigation
• GPS Tracking
• Background checks
• Trial preparation services

What They Do

There are several functions that are demanded by the work of a private investigator. These include research, surveillance, and interviewing. An investigator will have to conduct interviews with various persons of interest in every case that they handle. This is an integral part of the fat finding mission for which the services of private investigators are usually sought. These people could be anyone from a witness to a crime or incident, relatives of a missing person, or a neighbor, among many others. 

Research is also a vital component of the investigative process this may include researching family records, legal records, computer research, and more. The research then analyzes to isolate information which can be instrumental in solving the case.

Private Detective Miami

Private investigator also conducts surveillance in carrying out their work. This involves the covert observation of a place or person with a view to finding answers to the case at hand or recording video evidence of certain occurrences. A lot of tools are used in conducting surveillance operations such as forgettable vehicles, binoculars, disguises, cameras and a host of other James Bond gadgetry.

Things to Remember

You must always hire licensed and inured private investigators to avoid entering into an illegal relationship and attracting lawsuits with the investigative action. Always go for experience and a strong reputation as they never let you down. Talk to the service providers on your short list and ask a couple of prepare questions. They must cover how they propose to resolve your issue and any examples of how they have done so in the past. Check online reviews and consult with the better business bureau to find the true reputation of all potential service providers.

Friday, 9 January 2015

Finding the Right Private Detective in Los Angeles

If you are looking for private detectives in Los Angeles, you are faced with a number of excellent options to choose from but still have to be wary of the pretenders and outright con artists. You also have to follow a few steps that ensure that you get what you are really looking for in the nature of the service. Private detectives are just like medical doctors who belong to many specialized areas of the same profession.

Los Angeles Private Investigators

Being Legit

The law requires that you engage entities or private investigative services only if they are licensed. This is because only befitting entities are licensed as private investigators. Under the requirements, they are supposed to have received the necessary training, gained experience in a related field such as the police force or the military, and also worked under a licensed investigator for a reasonable amount of time. Apart from being there to protect you, the requirement makes any such relationship with an unlicensed entity illegal and the findings that come out of such investigation are inadmissible in the courts of law.

Unregistered investigators also do not possess insurance, which leaves you exposed to all the litigations that they attract in the conduct of your requirements.

Private Detective

Being Relevant

The Los Angeles private investigators that you hire must possess the relevant experience in the nature of investigations that you require. Some of the areas of specialization in the field include infidelity investigations, child custody investigations, background checks of all kinds, theft and business losses investigations, insurance fraud investigations, workers’ comp fraud investigations, missing person investigations, wrongful arrest investigations, interrogations, personal protecting, and consultancy services.

Things to Ask

If your assignment requires surveillance, then you can ask about the technologies that your prospects use and maybe request to take a look at some of their surveillance vehicles. Also ask how they propose to go about the mission and what kind of evidence or information you can expect. You must also understand the charges that the services will attract and ensure that the contract does not contain any hidden charges or vague clauses. You may also want to know their policy with regards to confidentiality.  An investigative firm that is a member of professional associations is preferable to the one that has no such affiliations.

Thursday, 8 January 2015

Useful Info to Hire a Reliable Arizona Criminal Defense Lawyer

An Arizona criminal defense lawyer fights for the rights of his or her clients and ensures that they experience fair treatment in the courts. The entire basis for the criminal justice system rests on the work of prosecutors and defense attorneys, each of whom play a critical role in the process.

What Do Criminal Defense Attorneys Do?

While prosecutors are tasked with protecting the people from those who commit crimes, criminal defense attorneys have a much more personal job: they represent the individuals who are charged with crimes and help them protect their basic rights. The Constitution of the United States, as well as the Constitution of the state of Arizona, affords individuals basic rights when they are charged with a crime. These rights include:
  • The right to counsel. Every person accused of a crime has the right to be represented by a qualified defense attorney. This right is so important that anyone who cannot afford to hire an attorney is given the opportunity to work with a court-appointed attorney so that the individual does not face criminal charges without legal advice. The criminal defense attorney is the foundation of individual rights, because those who are charged with crimes must answer even if they are innocent.
  • The right to avoid self-incrimination. No one can be required to work against his or her own best interests by being forced to reveal information that might incriminate that individual.  Therefore, if you are charged with a crime, you have the right to refuse to answer police questions, the right to speak with your attorney before discussing your case with police and the right to decide not to testify on your own behalf at trial.
  • The right to fair treatment. As an individual, no one, including police, prosecutors or judges, has the right to treat you unfairly or illegally. Police may not use physical force to elicit information about your case, for example, and the judge may be reversed on appeal if he or she commits error in handling your case. Your criminal defense attorney is responsible for ensuring that you are treated fairly by all involved in the process.
How Can I Protect Myself If I Am Charged With A Crime?

If you are charged with a crime, it is very important that you take immediate steps to protect yourself. The state will have a team of prosecutors, police officers and others who will work very hard to secure a conviction in your case, no matter what type of crime you have committed. It makes sense, then, that you should have an attorney who is dedicated to your case and who will stand up for your rights.

Hiring a criminal defense attorney in Arizona may be the best decision you could ever make. Your attorney will work hard to protect you and, if possible, minimize your charges or have them dismissed. You may find that your attorney can arrange a plea that will be far more beneficial to you than the original charges. With the help of a criminal defense attorney, you are far more likely to have a positive outcome to your case than if you try to handle your criminal charges alone.