Posts by Albert

The Insanity Plea in a Criminal Defense Case

Posted by on Sep 18, 2017 in Criminal Laws, Criminal Lawyer | 0 comments

Imagine being a mother who returns home to find her child stabbed and dead in the master bedroom. Imagine being the child stripped of innocence and losing your life to a horrible act of violence. These unfortunate scenarios are a real-life horror story for a Naperville mother who killed her son and the girl she was taking care of at the time. She is currently pleading insanity in the case. According to interviews, the devil told her to do this and wanted to get revenge on her husband.

Chicago Tribune states a trial is set to begin for this Naperville woman who was accused of stabbing two young children to death, her son, and another young girl that she was taking care of. The courtroom proceeding will rely on dissenting opinions of her mental health during the incident. She will be charged with first-degree murder. Her criminal defense attorney will defend her with an insanity plea. The defense attorney refused to comment the day before trial, knowing it was important for the insanity plea to work. The mother has been held in custody since 2012.

The evening of the murder, the girl’s mother returned home from work and could not get in her home. She called the police and discovered a scene out of a horror movie. The detectives found the bodies of the two children in the master bedroom. They were stabbed multiple times and their throats were slashed. Robert Marshall, Chief Officer, commented that it was the bloodiest scene he had seen in his entire career. After the children died, the defendant was found at a Naperville home where she was staying with her other son. In the interview with the police, the mother took the children to church before returning home with them, where they would die. The children were in the master bedroom jumping up and down on the bed when she entered the room and told them to get on their knees and pray. She started stabbing the children as they were praying. She told the police she was hearing voices from the devil. The devil told her to save their souls by killing them. The woman also fought with her husband frequently and felt that she had to kill her son to get revenge on her him. Defense attorneys Resnick, the evaluator, and psychiatrist, is supposed to testify on her mental state during the trial.

While I validate the idea of an insanity plea, it is important to take care of each other and yourselves. The kids did not have a chance to protect themselves, so this incident is truly sad and unfortunate for all of those close to the situation.

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Will a Criminal Conviction Affect Your Divorce?

Posted by on Jul 22, 2017 in Criminal Laws, Family Laws | 0 comments

In itself, divorce is already legally complicated. According to the website of the BB Law Group PLLC, there are a variety of issues that may arise, such as those that involve alimony, child custody and visitation, child support, and property division.

But sadly, it can be more complicated, especially when a criminal conviction is involved. To answer the title of the article quickly – yes, a criminal conviction does affect the divorce. However, it is important to note that there are a lot of factors to consider, to determine how big a part this criminal conviction can play in the divorce process.

Financial Support

Alimony and child support are the main financial and domestic responsibilities associated with divorce. They are also aspects that can be influenced by criminal convictions. For example, if a spouse has a criminal conviction that is severe enough, he may have a hard time looking for a stable job, so he may not be able to give proper alimony and child support.

Generally, simple offenses like drunk driving don’t really matter, but that is not always the case. The website of the Law Offices of Mark T. Lassiter has enumerated the consequences for drunk driving – fines, jail times, and license suspensions. The license suspension is particularly problematic if the spouse’s job focuses on driving. So, in this sense, even a simple offense can greatly affect alimony, child support, and divorce overall.

Custody and Visitation

In child custody, the court will always look into the best interest of the child. A person who has a criminal conviction may not look very appealing for the court, especially if the criminal conviction shows that the parent is not in a good mental state to be with his child. This can make a parent with a criminal record lose out on child custody. There are even instances where visitation is strictly controlled or even entirely prohibited, especially on instances where the conviction involves the child directly, like on the instances of child abuse, domestic violence, and child endangerment.

Property Division

Usually, criminal convictions don’t affect property division. But there is always an exception. If a spouse has a history of fraud or any similar offense, there may be grounds for the court to investigate for assets that the spouse may be hiding, so they won’t be included in the division of property. But as said earlier, this isn’t really a big deal, when compared to how convictions affect financial support, custody, and visitation.

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Different Kinds of Road Defects

Posted by on May 10, 2017 in Personal Injury | 0 comments

Many car accidents happen because of the driver’s fault. The cause may be understandable errors, such as failing to negotiate a turn, or completely unacceptable ones, such as intentionally driving while drunk. But there are also instances where car accidents occur because of third parties.
Some of these instances involve road defects, and the parties that can be at fault are construction companies who are responsible for the design and construction of the road or jurisdictions who are responsible for the maintenance of the roads in their areas. According to the website www.mazininjurylawyers.com, those who have been injured because of road defects may get compensation from the responsible parties.
Of course, preventing accidents is still the more attractive choice compared to getting compensation for the damages. To prevent accidents, the first step is to know the possible road defects that can cause them.

Design Defects

Design defects are design issues that make the road more dangerous than what it should be. Below are some of the most common road design defects:

  • Absence of road and warning signs
  • Absence of traffic lights
  • Dangerously sharp curves and turns, especially on elevated roads
  • Little to no road shoulder
  • Overly narrow lanes
  • Ungraded curves and turns

Construction Defects

Even if the road has good design, it may still be dangerous because of poor construction techniques, such as the use of inadequate materials.

  • Poor drainage system, resulting into water buildup
  • Poor pavement, resulting into roads that can easily sustain cracks and potholes
  • Structural problems on bridges, freeways, ramps, and other connectors

Maintenance Defects

Roads should be maintained so they are always in great condition. Failing to maintain roads may result into defects that may put motorists at risk.

  • Debris on the road
  • Defective traffic lights
  • Faded white and yellow lines
  • Foliage buildup
  • Poor lighting
  • Unreadable road and warning signs
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Types of Mail Fraud

Posted by on Feb 13, 2017 in White Collar Crime | 0 comments

The use of the U.S. Mail system to deceive another person for personal gain is known as mail fraud. As with any white collar crime, mail fraud is a serious charge. According to Cazayoux Ewing Law Firm, if charges of mail fraud are brought against a person, then there is a good chance that this person has already been under investigation for a pretty significant period of time. The U.S. Postal Inspectors are in charge of investigating any crime in which the U.S. Mail system is used. This organization, sometimes with the assistance of other government agencies, is in charge of seeking legal action against the accused. The U.S. Postal Inspection Service writes that “Postal Inspectors may seek prospective or administrative action against the violator,” meaning that charges of mail fraud can be a serious accusation.

The U.S. Postal Service can itself be incorporated into the scam. This instance of mail fraud involves falsely posting a job offer to work for the postal service by putting a notification in the mail, a newspaper, or another public place. Once contacted, the person issuing the false advertisement will often ask for a fee in order for you to receive information about the position. Another common fraud is a fake service offering training in order to help you pass a required Postal Service examination that must be taken before employment. Additionally, these advertisements can promise that applicants will be placed on a special list from which new hires are selected.

Another type of mail fraud originates from a commercial enterprise. The guidelines detailed in the Deceptive Mail Prevention and Enforcement Act outline the specifics of this type of mail fraud. Mailings that offer some form of sweepstakes must clearly display the rules of the contest. Additionally, the mailing must inform the entrant that no purchase is necessary to enter the contest and that a purchase doesn’t improve the chance of winning the contest. An important part of the sweepstakes posting is the inclusion of a contact for the mailer. The posting must include an address for the principal place of business of the mailer or some other way of contacting the mailer. If these requirements are not met, then the sweepstakes offer is considered mail fraud.

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How to Find the Right Nursing Home Facility

Posted by on Dec 29, 2016 in Elder Issues | 0 comments

There are close to 1.5 million elders, accident victims needing rehabilitation and therapy, and mentally disabled young adults residing in about 16,000 nursing home facilities in the whole of the United States. Every day, these residents require not only minor medical attention, but also the care and assistance of registered/licensed nurses, nurse aides and staff in performing even the most basic daily routine of bathing, eating and others.

Thousands of nursing homes, however, do not have enough personnel to provide quality care to all residents. Thus, instead of genuine care and physical/emotional comfort from their supposed-to-be caretakers many, rather, suffer physical, emotional, sexual (and even financial) abuses from over-worked and stressed-out aides and/or staff.

Among the types of abuses, sexual is considered to be the most wicked; however, due to shame, threats and difficulty on the part of the abused in explaining his/her unpleasant experience (for fear of being suspected of simply suffering from dementia), this abuse becomes the least reported and it is not easy to detect either.

Fondling, forced nudity, display of pornographic materials, forcing another resident to touch or kiss the victim and forced penetrative acts are just some of the ways through this type of abuse is committed. Some probable ways of detecting sexual abuse is by observing the patient for any sudden change in his/her attitude or behavior, over-sensitivity to touch, fear and unexplained scars.

Often, the defense mechanism of sexual victims, to make it appear, as well as convince themselves, that nothing is really happening is by warding-off any thoughts about the abuse and casting an appearance of calmness and composure.

Nursing home abuse is a crime and, in many states, those who commit it are convicted of felony if proven guilty. This move is to help minimize the number of abuses committed against nursing home residents each year.

There are also moves to help families find a really good nursing home for their elderly loved ones. In fact a list of the Best Nursing Homes is available in federal Centers for Medicare & Medicaid Services. The government has already identified at least 3,000 good nursing home facilities all across the U.S. The determining factors considered by the government in identifying whether one home is good or not are quality care, number of staffing (licensed nurses and nurse aides) and health inspections.

According to nursing home abuse lawyers from the law firm Karlin, Fleisher & Falkenberg, LLC, perpetrators of sexual abuse in nursing homes are often the very people tasked with taking care of the residents. In some cases, perpetrators may even be other residents. Regardless, nursing homes must always be vigilant and look for all forms of sexual abuse from staff and residents alike.

Families, on their part, must also guard about manifestations of sexual abuse, though these could really be hard to detect. Even the slightest feeling of suspicion that his/her loved one may be experiencing sexual abuse, an attorney may be able to help prove it and hold the responsible party accountable.

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