Posts made in May, 2013

Marijuana Possession: A Violation of US Federal Law

Posted by on May 25, 2013 in Crimes | 1 comment

A drug-related crime is among the list of serious offenses a person can commit. Thus, the US federal law inflicts higher fines and harsher punishments to people who voluntarily commit it. There are different ways by which a drug crime can be committed; these include manufacturing, selling, distribution and / or delivering of drugs, drug paraphernalia possession and use, and possession of methamphetamine, heroin, cocaine or marijuana. The punishment for drug crimes may vary per state.

Among the many types of illegal drugs in the US, marijuana is reported to be the most widely used. Also referred to as herb, grass, kif, pot, Mary Jane, boom, weed, chronic, reefer, ganja, skunk or gangster, this mixture of shredded, dried leaves, seeds, flowers and stem of the plant cannabis sativa contains a chemical known as delta-9-tetrahydrocannabinol or THC. Although marijuana contains a lot more other chemicals, about 400 in number, it is THC that is the main psychoactive ingredient.       

Marijuana can be smoked or mixed in food, like cookies or brownies. Its effect, which is immediate when smoked, lasts up to three hours; when eaten, the effect can last longer, but will also take more time before it is felt.

Marijuana possession may be classified as either Class C felony or Class A misdemeanor. A misdemeanor, which is a criminal offense that is less serious, has three classes, A, B and C. Class A misdemeanor is considered the most serious of the three, with a penalty of not more than $4,000, a jail term of up to one year or both. A felony, on the other hand, is a serious offense; Class C felony, though, is the least serious of its types. The standard punishment for this type of felony is jail term for at least one year and a day to a maximum of 10 years; the court may otherwise include a fine of up to $10,000 if the offender already has a previous record of Marijuana, Second Degree under his or her name. A felony conviction will also take away your right to vote, get certain state occupational licenses and own a gun.

If a person has been accused of a drug crime, it is important they seek skilled legal representation to defend their case. However, after being found guilty, an expunction lawyer may be more effective.

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The Difference Between Non-Dischargeable Debts and Dischargeable Debts

Posted by on May 20, 2013 in Financial Issues | 7 comments

One common misconception about bankruptcy that a number of debtors fall for is that filing for bankruptcy will eliminate every single one of their debts. Unfortunately, bankruptcy can only discharge certain types of debts. Every debt is classified as either dischargeable or non-dischargeable, and it is important that you understand the difference before you file for bankruptcy.

While bankruptcy can help eliminate a number of your debts, it cannot get rid of all of them. As the name suggests, dischargeable debts are those that can be eliminated, or discharged, while non-dischargeable debts are ones that cannot be eliminated by Chapter 7 or Chapter 13 bankruptcy. A skilled and experienced bankruptcy lawyer can help you differentiate between these two types before filing for bankruptcy so you can assess your situation and make the best possible decision for your financial situation.

There is a large difference between dischargeable and non-dischargeable debts, as non-dischargeable ones are those that the debtor will be responsible for paying even after filing for Chapter 7 or Chapter 13 bankruptcy. According to Section 523 of the Bankruptcy Code, some common types of non-dischargeable debts include the following:

  • Debts that aren’t listed when you file for bankruptcy
  • Student loans
  • Child support and alimony
  • Any financial compensation you owe in a personal injury settlement
  • Penalties from traffic tickets or crimes
  • Taxes

While a debtor will still be responsible for paying these debts after a bankruptcy filing, there are other types that they will be able to eliminate. The following are the types of debts you can discharge by filing for Chapter 7 or Chapter 13 bankruptcy:

  • Credit card debt
  • Small claims judgments
  • Medical bills

Although credit card debt is dischargeable, any debt accrued suspiciously close to the bankruptcy filing date or charges considered luxurious may not be discharged. Speaking with a knowledgeable and experienced bankruptcy lawyer can help you determine whether filing for bankruptcy is right for your particularly financial situation due to the limitations placed on discharging debt.

 

 

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Child Support: What Parents Need to Know

Posted by on May 18, 2013 in Family | 2 comments

Child support is often one of the most challenging issues for divorcing parents. Aimed at ensuring that the various needs of the child are met even after his or her parents have separated, child support requires one parent to provide the other with financial assistance to help pay for the costs of raising their child.

Support to their biological child when parents decide to separate is both a legal and moral obligation. Thus, the non-custodial parent, otherwise called the obligor, will be ordered by the court to pay a specified amount monthly or periodically to the parent who has child custody, the child’s guardian or caregiver, or to the state, in the absence of any specific individual.

In promoting and enforcing child care, the Child Support Enforcement Act of 1984 paved the way for all states to list the factors that need to be considered when deciding child support issues, such as how much financial support the non-custodial parent ought to pay monthly. Though these factors differ from state to state, the more basic ones include:

– the parents’ present income (can be earned income, portfolio income or passive income). Income includes salaries, dividends, commissions, overtime pay, and all other monetary forms of earning.

– custodial parent’s living expenses and the living standard of the child before the divorce.

– the age and needs of the child and the capacity of the parents to make a contribution.

Child support is intended for the child’s basic needs: food, clothing, shelter and education. Though it is usually required by the court only until the child turns 18, additional contribution can be required by the court intended for the child’s other activities and interests.            

 To learn more about child support payments and what you may be entitled to receive, consult with an attorney.

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Artifacts Stolen from Canadian Church

Posted by on May 13, 2013 in Stolen Artifacts | 2 comments

stolen church atrifactPolice in Victoria, British Columbia are investigating a church break in from which thieves were able to escape with precious artifacts.

The cathedral’s dean believes the intruders must have hid inside the chapel while it was being locked up for the night. When the coast was clear, the thieves broke into a display case, taking church items from as early as the 17th century. Among the stolen goods were coins, a golden chalice, and a communion plate.

Officers were notified of the break in at around 10:00pm last night. They searched the area thoroughly, but were unable to turn up any hard evidence or determine a suspect.

As the investigation continues, police ask anyone who has any information to offer aid.

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How Seizures Can Affect You

Posted by on May 11, 2013 in Bodily Injuries | 0 comments

Traumatic brain injury has many health complications, and one of them is having seizures. No matter how mild, moderate or severe the original brain injury was, any type of injury to the brain can lead to a person having seizures. Suffering from this personal injury complication can affect many aspects of a person’s life; from studying, to work to their personal and social life.

What Is A Seizure?

The brain functions through electrical charges in the neurons that are controlled by the cells. When there is an abnormal electrical activity in the brain, it can affect the different neurons of the cells, thereby causing uncontrolled and sudden stimulations in the brain. These sudden and uncontrolled electrical charges can affect the either the whole brain (general seizures) or just parts of the brain (partial seizures).

Seizures and Brain Injury

Knowing the cause of your seizure can help in determining the likelihood of your attacks or “spells”. They can develop at any time, following the brain injury. Earlier seizure attacks may mean greater the chances of future attacks. Successive attacks can increase the risk of possible future attacks and traumatic epilepsy.

  1. A seizure which occurred within the 7 days after the brain injury is called “Early post-traumatic seizures”. About 25 percent of people who have experienced this will have another attack months or years later.
  2. Seizures that occur after 7 days of the brain injury are called “Late post-traumatic seizures”. More or less 80 percent of people who experience this will have another seizure or epilepsy.
  3. Epilepsy is the condition where a person suffers from more than one attack. This condition can affect the patient their whole lives.

There are many medications that can help in controlling these seizures (or attacks/”spells”). Consulting your physician can help determine the right medication. Seizures occur in 1 in every 10 person who has suffered from brain injury and was hospitalized. Even though seizures can affect your life, with medication you can resume to your normal life again.

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