231 Law

Month: December 2018

The difference between theft, burglary, and robbery in Massachusetts

In the criminal justice world, the terms burglary, theft, and robbery mean different things and carry different penalties, depending on the crime you are charged with. Here is how to differentiate the three in Massachusetts:

Theft

According to Massachusetts criminal law, you are committing larceny or theft if you acquire property without the owner’s authorization; if you acquire property through threat or deceit; or if you consciously handle stolen property. The defendant must have, however, had the intent to permanently take the property from the owner for it to be considered a theft. This means that if your neighbor had a go on your bike without your consent and later returned it, the act will not be considered a theft.

Consider hiring a property crimes lawyer to review your theft case and help you understand your charges before the trial begins. If you are the victim, ensure you have an attorney by your side right from the beginning to ensure you present a strong case before the jury.

Theft crimes carry a vast spectrum of penalties and sentencing is largely dependent on the manner of the theft and the value of the stolen property. If the value of the property is less than $250 and was not stolen directly from another person, you will likely face a Class A misdemeanor charge. If the property was directly stolen from another person, the theft is considered a Class 3 felony.

Robbery

Robbery occurs when someone uses threat or force to take someone else’s property. Aggravated robbery, on the other hand, is when the robber indicates to the person they are stealing from that they have a dangerous weapon such as a firearm with them, whether or not they eventually use it.

The potential punishments for robberies are significantly more severe than thefts …

Reasons Why You Should Hire a Top Rated Divorce Attorney

Dissolution of marriage is one of the tough processes in the life of any couple. Due to mistrust between the parties, emotions tend to influence your decisions at this stage. It’s even worse when you and your spouse can’t see eye to eye on almost everything.  That’s why you need the services of a top rated divorce attorney to ensure your interests are protected.

These lawyers are well versed in matters concerning family law. In this way, they’ll ensure a smooth dissolution of marriage and ensure the welfare of children is taken into account. These are some reasons why you should consider engaging their services.

1. Understands the Process

The lawyers offering divorce-related services are well versed in family law and other applicable statutes. Whereas the cases they handle are unique in their own way, their years of experience help they prepare for any difficulties they may face in the process.

In this way, they’ll be able to help you focus on what is important.

2. Handles the Paperwork

Dissolving a marriage, just like any contract involves a lot of paperwork. Well, this may seem simple to most people. But the truth is, filling out paperwork isn’t simple.

You will need to know the right paperwork to fill, how to fill then and where to file it. With their experience, they are able to ensure the process flows smoothly.

Further, divorce is a stressing process. Why let extra stress confuse you? A divorce attorney will take this stress away from you, allowing you to focus on what matters.

3. Good Judgement

If you decide to handle the divorce process on your own, it may be difficult to separate emotions from matters of law. In most cases, you will want to get at your spouse by demanding more than you’re entitled …

Is Too Early Discharge Count As A Medical Malpractice?

When you get discharged too early by the doctor that is completely medically unsafe for you, and you need to be readmitted again in the hospital, then that decision can be accounted as a medical malpractice or medical negligence. Discharge of infants is the most common type of premature discharge in the United States. In the USA, every hospital is regulated to keep a newborn infant for least 48 hours and the requirements vary according to the individual needs. Medical malpractice attorney Los Angeles has fought for thousands of medical malpractice victims and understands the need of individual case.
You have to prove in the court that premature discharge harmed you. Remind the major thing, just because you were readmitted, it does not mean that you were “harmed” by the too early discharge.

What are the reasons behind premature discharges?

Some of the common causes of patient’s premature discharge by the hospitals are rationalized under:

  • Overcrowding of the patents in the hospital
  • New patients are in a queue to be admitted in the hospital
  • Shortages of beds or staff members
  • Hospital has limited amount of surgical volume

If a patient was discharged too early as a result the patient was harmed, the claim may include an argument that the defendant or a doctor:

  • failed to appropriately diagnose and treat
  • failed to schedule a necessary follow-up visit
  • failed to ensure medical stability
  • failed to conduct proper testing before the discharge

Types of Damages that might be covered in the claim

Some type of damages may be covered in your medical malpractice claim include Medical Bills, Lost Earnings, Lost Ability to Earn an Income , Pain and Suffering.

How Do You Prove Your Claim?

To prove your claim, you will require a professional witness to testify your case on your behalf to …

Important Tips for Settling a Vehicle Accident Claim

When you’re involved in a vehicle accident, and you are not at fault, the law allows you to seek compensation for property damage or the injuries you suffered. The vehicle insurance service provider may offer you a settlement, but this first offer might be lower than the amount you think you are titled to get. Here are essential tips to help you in the process of settling your vehicle accident claim.

Prepare adequately

Most personal injury lawsuits are complex, and it’s recommended to seek the help of a professional personal injury lawyer in Seattle WA . The attorney can help you assemble everything you need to submit a claim. You need the following items.

  • Photographs and other pieces of evidence collected at the scene of the crash
  • A detailed list of property damage and the related cost of repairs
  • A list of all medical-related expenses associated with a vehicle accident
  • All the relevant notes about your pain, medical consultations and daily limitations from the injuries.
  • A copy of the report created by the police officer at the accident scene.

When negotiating a settlement for your claim, keep in mind that it is essential to receive a fair settlement if the initial offer from the insurance company is low. A skilled personal injury attorney can help you handle the negotiation process.

Negotiating your settlement

As you prepare and submit the right paperwork for your claim, you should ask the insurance service provider for the amount of money that you think is a fair compensation based on the personal injuries you suffered or property damage caused by accident.

In case you feel that the first offer from the insurance company isn’t a fair compensation, it’s recommended to consult with your vehicle insurance company. The negotiation process may involve bargains in which you …

Things to Consider when Choosing a Power of Attorney

It’s easy to assume that having a proper Will is the most vital thing you can provide your family with, in case you are no longer in this world – but it isn’t. Assigning a fit Power Of Attorney to take care of the issues while you are still alive could have an even more significant impact on your loved ones.

So, what is power of attorney (POA)?

POA is a written authorization to represent a person in business, private affairs or some other legal matter. The person authorizing the other to act (in this case, you), is the donor, grantor or principal of the power. The one authorized to act is the attorney-in-fact or the agent.

POA gives broad powers to the agent to act on your behalf. These powers include handling business and financial transactions, settling claims, buying life insurance, managing real estate, selling a property, making gifts, operating business interests, collecting debts, making medical decisions, and hiring professional help. POA is an incredible tool if you have other commitments and need someone to take care of specific duties, or when you are mentally or physically unable to manage your matters.

Since your power of attorney (POA) potentially will be taking care of your financial and legal matters, it’s only reasonable to hire someone who has the experience in the field and the necessary qualities to get the job done – like agents from Weisinger Law Firm. It will go a long way in ensuring you get the most from the process. Here are some things to consider when choosing a power of attorney:

Understanding of medical process

Pick someone who has some basic knowledge of how medical procedures work. This doesn’t mean that you go for a nurse or doctor in the family. The idea …