Lewd and Lascivious Conduct

Posted by on Jun 5, 2017 in Criminal Defense | 0 comments

The crime of lewd and lascivious conduct with a child involves more than the simple exposure of one’s genitalia; it tends to fall short of full sexual assault of a child. Prior to the passing of lewd and lascivious conduct statutes, perpetrators of this crime were charged with attempted sexual assault. Thus, to protect minors, more and more states, over the years, started passing laws that prohibit any form of sexual contact between adults and children. In Florida, Idaho and some other states, lewd and lascivious conduct is also used to refer to sexual contact charges. In other states this same offense is used interchangeably with indecency with a child or indecent contact with a child.

For a person to be charged with lewd conduct with a child, the following elements should be present:

  • The victim is a minor. State statutes differ with regard to who may be considered a minor and who is no longer considered as a minor. In some states, like Idaho, for one, a minor or a child is any person under the age of 16; in other states, like Texas, a minor is person who is under the age of 17.
  • There is sexual contact. Again, states differ when it comes to defining what sexual contact is, besides some type of touching, which may be done through the use of instruments (like sex toys), genital-to-genital contact, or mere rubbing of genitals with a victim’s hand. Most state laws also do not differentiate between sexual contact over the clothing and under the clothing – this is to thwart any attempt down play the sexual contact component of the crime.
  • Intent of the contact. Lewd and lascivious conduct is said to be committed for the purpose of arousing or gratifying one’s sexual desires (or the sexual desires of a third party). This intent definitely rules out any likelihood of accidental contact, especially contact over clothing.

According to the Flaherty Defense Firm, “When it comes to sex crimes, most people tend to think you are guilty until proven innocent instead of the other way around. Just being accused of such a terrible crime is enough to ruin your reputation, your career, and your family. And that is only the beginning. If you are convicted of a sex crime in Destin or anywhere in Florida, you will likely go to prison for a very long time and be forced to register as a sexual offender for the rest of your life.

One problem is, when faced with such a terrifying ordeal, it would be easy to decide that there is no hope. That there is no way to get around the fact that your life is over and you are going to prison.

Do NOT make this mistake. Just because you have been accused does not mean it is a sure thing that you will get convicted. What is necessary, rather, is that you answer with the right response, which is to fight back and do everything you can to save yourself. Hiring an experienced sex crime defense lawyer on your side may be a good start.

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There is always a Way for You to Give Back to Your Community

Posted by on Feb 19, 2017 in Uncategorized | 0 comments

Giving back is where you give, and then nothing happens. No benefits for you, no recognition, nothing tangible gets sent your way. Your biggest and sole reward is the realization that you’ve made a significant change in someone’s life. And if not ‘significant’ then a positive change nevertheless.”

Giving back to one’s community does so much to help those in need, besides contributing to the common good. One can give back in different ways, like through donating money or sharing one’s time.

Ali Mokaram, a personal injury lawyer, says that “focusing on people is what matters most, and there is no better way to do so than supporting the community at large.” Different ways of giving back to one’s community include:

Promoting Local Businesses: Buying locally made products will definitely help small businesses in your area, as well as setting aside an area of your website to link to and to promote your favorite local companies.

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The Different Chapters of the U.S. Bankruptcy Code

Posted by on Nov 22, 2016 in Bankruptcy | 0 comments

The 1.53 million Americans who filed personal bankruptcies in 2010 is a clear indication of the bad economic situation suffered by many individuals and families in the US. Besides loss of job, a direct effect of poor economy, an accident or illness requiring medical treatment, which has also become too costly, divorce, and other events have contributed to diverting all funds to basic needs rather than to paying monthly bills, mortgage or debts. The downside of this, of course, is the accumulation of debts that eventually become quite impossible to settle.

To protect their interests, creditors usually refer bad debts (debts that have not been paid for at least three consecutive months) to collection firms which, in turn, employ harassing tactics to force the debtors to pay.

Suffering from overwhelming debts, however, is never a total ruin to an individual’s or a business’ financial future. As explained in the website of the Bradford Law Offices, PLLC, individuals and businesses in the United States actually have a number of different available options for returning to financial freedom, including bankruptcy. Many people only associate bankruptcy with negative consequences. However, in reality, it provides debtors with an invaluable tool for restoring order to their finances.

The U.S. Bankruptcy Code contains chapters designed to save debtors from debts that have become quite impossible to manage. Each chapter is meant to address debtors’ specific financial situation, and basically aimed at eradicating all forms of debts for the individual’s or business’ fresh financial start. The Bankruptcy Code offers:

  • Chapter 7 bankruptcy – a liquidation bankruptcy wherein a court-appointed trustee sells some of the “non-exempt” assets and properties surrendered by the debtor (there are exempt properties, like the home, which the debtor can keep and protect). The proceeds from the sale are distributed to the creditors and the remaining amount (if there is any) will be returned to the owner.
    • The debts to be paid in this chapter are the non-dischargeable debts (usually government-related debts). Debts from which the court can decide to free the debtor can include credit card bills, medical bills, past utility bills, personal loans, and so forth.
  • Chapter 11 or business bankruptcy – allows the business firm to either restructure its finances (repayment plan) for more affordable payments, or liquidate some of its properties to be able to pay creditors. Unlike in chapter 7, wherein a business will have to cease operations, chapter 11 allows a firm to stay in business.
  • Chapter 12 – is designed for family farmers and family fishermen which should have a regular annual income to be considered eligible under this law. which own and operate the fishing or farming business; which own at least 50% of the farming/fishing business; and, which earns a regular annual income.
  • Chapter 13 – which is reorganization or restructuring bankruptcy, requires debtors to design a debt payment scheme spanning to three years (can be five years if the court so allows). Under this chapter, all of the debtor’s properties are saved or never sold.

A realistic and objective assessment of a debtor’s financial condition is required regardless of the chapter of bankruptcy the debtor wishes to file. Making sure, therefore, that the lawyer, who will be hired to defend the rights and interests of debtors, is very significant.

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Understanding The Basics of Shoulder Replacement Surgery

Posted by on Oct 23, 2016 in Dangerous Medical Products | 0 comments

The shoulder has an important role in facilitating the movement of the arm. For this reason, any damage in this part of the body can restrict the performance of basic tasks. You might find sleeping difficult or disrupted as a result of the damage to the bone, cartilage, and other parts of the shoulder. When there is serious pain or damage in the shoulder, your doctor may advise replacement surgery.

Shoulder replacement surgery is designed to increase body function and minimize pain. It is usually recommended when there is loss of cartilage or other damage that results to pain every time the shoulder joint is used or moved. Replacement surgery is often recommended when the traditional procedures are no longer applicable. Designed to be used as a corrective procedure, there has been reports of defective replacement devices causing additional injuries and pain to patients.

According to the website of Williams Kherkher, faulty shoulder replacement devices carry additional complications. The defective shoulder replacement device manufactured by a medical company reportedly falls off after being implanted. Just like other surgical procedures, shoulder replacement also poses some risks to patients. However, if the injury was due to some faulty device, it is possible to recover some damages from the manufacturer for the injuries caused by the defective device.

Some common complications of shoulder replacement surgery include blood clots in a leg vein. This can be extremely dangerous if the blood clot restricts blood flow from the leg back to the heart or move to the lungs. In order to correct the damage of a defective shoulder replacement device, the patient may have to undergo revision surgery which is more risky and may also carry major side effects.

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Is Shoulder Replacement Surgery Right for You?

Posted by on Oct 20, 2016 in Dangerous Medical Products | 0 comments

Shoulder joint damage can be caused by a number of different conditions. The most common reason behind this is arthritis. At its most severe, shoulder joint damage can cause extreme pain, stiffness, and difficulty moving. Typically, these symptoms are addressed with medication and physical therapy. However, if non-invasive treatments fail to alleviate these symptoms, surgery is usually the next best option.

According to the National Institute of Arthritis and Musculoskeletal and Skin Diseases, more than a million people go through joint replacement surgery in the United States every year. Aside from hip and knee replacements, shoulder replacement surgery is another common procedure undergone by arthritis patients. This procedure entails having the damaged joint replaced by a prosthesis or implant that can be made out of plastic, metal, or a combination of both materials.

Joint replacement surgery has many advantages. While, like most surgical procedures, it involves some amount of risk, it still provides patients with a significant amount of time free from debilitating pain, as well as medication and their side effects. Unfortunately, the risks of a shoulder replacement procedure can become exacerbated by implants that are defective or poorly designed. With defective metal-on-metal implants, there have been many recorded instances of joint replacement surgeries leading to serious side effects like high metal toxicity levels in the body and bone and tissue damage.

If you’re considering shoulder replacement surgery as an answer to your arthritis symptoms, have an honest conversation with your physician regarding use of implants that have been proven safe and effective. Likewise, if you have gotten a shoulder replacement surgery recently, take note of your post-operative symptoms and take note of your recovery timeline. According to Williams Kherkher, symptoms that continue to worsen over time could point to complications caused by a defective shoulder joint implant. Consult with your doctor immediately and seek out the advice of a lawyer to learn more about your options.

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