Legal Blog

DUI (driving under the influence) charges are normally misdemeanors but in many situations they are seen as being gross misdemeanor offenses. In the event you are convicted you can be faced with license suspensions, jail, fines and many other penalties. The big problem with DUI charges is that in ma...

Harassment and discrimination will appear at the workplace in so many different possible forms. Unfortunately, this is a problem that is still not solved, although this is something that many large companies would like you to think. The good news is there are various federal and state laws that are ...

Personal Injury lawsuits can occur due to car accidents, slip and falls, and any other negligent act from another party that leads to the injury of another person. When a case is filed in court and a settlement is made, there are two main forms of damages: 1.Special damages, which are lost income, m...

Despite the criminal liability for the cultivation and spread of cannabis in the most countries of the world, the marijuana market becomes bigger every year as more and more people start smoking this kind of drug. At the same time, marijuana is an active anesthetic that is used in medicine. Toronto ...

In 2015, the National Highway Traffic Safety Administration estimates that 3,477 people were killed in distracted driving-related accidents. To help curb this growing problem, many states have implemented laws that ban the use of cell phones while driving. Here's what you need to know about cell pho...

Bicycle accidents can be deadly when the bicyclist is hit by an automobile. Negligence will play a role in the accident, and this negligence will result in the bicyclist's injuries. The rider may be at fault for the accident, but in many cases, the bicyclist was the victim. You can file a personal i...

Asbestos, a known carcinogen since the 1940s, has many former shipyard workers experiencing the effects of its toxicity today.The fibers of this deadly mineral are so durable that they can remain in the body for years. The long latency period between asbestos exposure and illness means that asbestos...

"Trusts and Estates" stands out as a really broad category that currently includes trust administration, elder law, probate law, estate law, estate planning and much more. The trusts and estates lawyer (example here) will help clients to: Avoid probatePlan for owner incapacityReduce taxes for real e...

A chargeback is the consumer's last line of defense against fraud and other inappropriate credit card charges. Under state and federal law, credit card companies are required to offer chargebacks to consumers for disputed charges. Chargebacks are essentially refunds for consumers with valid disputes...

Many people have made mistakes in their life. They might have committed a crime when they were very young and foolish. Having a criminal record is something that can haunt you forever. It can prevent you from getting a job or accepted into a good school. It can also seriously limit your ability to t...

When you need a personal injury lawyer, you deserve the best. And that means doing the research and taking the time to find the best. While sifting through hundreds of listings for attorneys can seem daunting, it's not as hard as it seems. These tips can help you find the best attorney for the job. ...

Two cars collide in an accident on the highway. One driver takes off, and the other driver, unable to get his car started, is stranded on the side of the road. He makes a police report of the accident, but the other driver is nowhere to be found. What happens next? Does the stranded driver have any ...

Many people have heard of traumatic brain injury (TBI) even if they've never directly dealt with it. If a loved one has been recently diagnosed with TBI, or if you believe a loved one may have undiagnosed TBI, read on for an overview of the causes and effects of TBI. What causes TBI? TBI, as the nam...

A criminal record can make it more difficult to land a job or even rent an apartment. Depending on the conviction, expungement may be used to essentially "erase" the charges in the eyes of the law.

The expungement process varies from state to state, and cannot be used for certain types of convictions. While not entirely erased in the literal sense of the word, expunging a record can make it easier for a convicted criminal to lead a normal life.

What is Expungement and How Does it Affect Your Record?

Most criminal records are available to the public, which means employers and landlords can find this information if they search for it. Expungement will alter your record by either diminishing the offense or removing it altogether from public record.

Convictions or arrests are "sealed," so the conviction does not have to be disclosed and the public will not find record of it.

Expunging a record is not the same thing as erasing the record. While the slate is wiped clean in the eyes of the law, the conviction is not erased entirely.

Certain government agencies, including criminal courts and law enforcement, will still be able to see these convictions on your record. 

Determining Eligibility of Expungement

Whether a conviction is eligible for expungement depends on a number of factors, including:

• Your criminal history
• Jurisdiction
• The nature of the crime
• The amount of time that has passed since the conviction or arrest

In some states, like New York, criminal convictions cannot be expunged. In New Jersey, you can apply for expungement immediately if the charges were dismissed.

While every state has its own requirements for expungement, most will require you to meet at least one of the following criteria:

• First-time offender
• Being a juvenile when convicted
• Misdemeanor conviction or arrest (instead of a felony conviction)
• Served out the sentence
• Drug offense

There are a few ways to determine whether you're eligible for expungement. One way is to meet with a lawyer who specializes in expungement.

A lawyer, well versed in local laws, will review your record and determine whether it's possible to pursue expungement.

Another option is to visit the state courthouse and inquire about the requirements you must meet to have your record expunged.

The Expungement Process

If you are eligible for expungement, the first step is typically to file a petition for expungement. A fee will be required, and you will have to wait for the courthouse to process the paperwork.

Some states will require a hearing with a judge before records can be expunged.

When filing a petition, it's important to do your research to ensure that you're filing it properly and in accordance with state laws. One small mistake can cause a delay in the processing or force you to start over again.

Some states have special rules regarding expungement:

• Florida and some other states require you to obtain a certificate of eligibility form. Along with this form, you will need a copy of the case's disposition and fingerprints.
• California and some other states require you to fill out and file a Petition for Dismissal form, Order for Dismissal form and a Declaration.
• Some states require you to file the petition in the same county where you were charged with the crime.

Because the expungement process can be complex, you might consider working with a lawyer who will help navigate you through the process.

Expungement isn't your only option if your goal is to conceal your criminal record from the public. You may choose to have your record sealed instead. A sealed record is still invisible to the public, including employers, creditors and private investigators. But these records would still be visible to law enforcement and the courts, and would be considered a prior offense if you are arrested again in the future.

Torontonians become disabled or injured through no fault of their own and it may be necessary to hire an attorney to help them settle their cases with their insurance. This article is designed to act as a directional tool on how to go about seeking legal assistance. Be advised that the author is not an attorney and this is not to be construed as legal advice; please seek a competent attorney if you have an injury or disability claim. 

There are several topics that need to be addressed if you are going to seek a Toronto injury disability lawyer. First and foremost, you need disability insurance, a plan that you can either take out yourself or, more typically, that’s offered through your workplace. Disability insurance in Ontario provides an income replacement or sometimes mortgage payments in the event that the development of a long term disability prevents you from working. Benefits offered by the Canada Pension Plan are limited and still depend on your past CPP contributions; it can be a good idea to get extra coverage if it’s not already offered through your workplace. However, if your claim is denied, you should take the following steps to make sure that you receive the coverage you deserve.

#1 Free Consultation

A free consultation will give you and the attorney the information needed to know whether or not you have a case and if it's worth proceeding on. Look for an attorney who will make appointments on evenings, weekends, or visit you in the hospital to consult with you on your claim, something offered by Toronto firm Blackacre Law. You should also seek an attorney that will take you on at no cost until the claim is settled or won. As we all know, when you're prevented from working it's tough to pay your normal bills, let alone attorney fees.

#2 Lawyers Who Speak Your Language

In a large metropolitan area like Toronto, there are hundreds of diverse cultures from around the globe. If English is not your first language, or you’re looking for advice on behalf of a relative who speaks Cantonese, Mandarin, Arabic, Farsi, or Dari, Toronto disability lawyers like Blackacre Law can help in your loved one’s first language. You need to be able to explain your point of view to your attorney and speaking the same language will go a long way.

#3 Proving Your Case

A chargeback is the consumer's last line of defense against fraud and other inappropriate credit card charges.

Under state and federal law, credit card companies are required to offer chargebacks to consumers for disputed charges. Chargebacks are essentially refunds for consumers with valid disputes against charges on their credit cards.

Chargebacks can be initiated for two main reasons: billing errors and claims and defenses.

Chargebacks on Billing Errors

Mistakes can and do happen in the retail sector. A credit card company may mistakenly charge you twice for a product or service, or a business may charge you for something you didn’t order.

When billing errors occur, you can file for a chargeback and dispute the charge.

Employers are typically required to have workers' compensation insurance. This coverage compensates workers for lost wages if they are injured in a work-related accident.

Many workers are surprised to learn that their employers can dispute the validity of their workers' comp claims. In some cases, the dispute ends in the employer's favor because the worker did not have a valid claim.

What Types of Injures are Covered Under Workers' Compensation?

Broadly speaking, injuries that are connected to employment requirements and/or conditions are covered under workers' compensation.

A restaurant server who develops lung cancer because of exposure to second-hand smoke in the restaurant would likely be covered under workers' comp. The same would apply to a receptionist who develops carpal tunnel syndrome due to extensive hours of computer work.

Most injuries that occur in the workplace are covered by workers' comp, but employees may also be eligible if an injury occurs while using a company vehicle or outside the workplace if the activity was directly related to the job.

Defendants in personal injury cases often go to great lengths to prove the plaintiff's claims are either exaggerated or invalid. At one time, that meant hiring a private investigator to follow the plaintiff around and trying to capture evidence that contradicts claims made in the lawsuit.

Today, finding evidence to support the defendant's case is as easy as following the plaintiff on social media.

All across Canada – and in other parts of the world – social media posts are being used as evidence in personal injury.

In March, the British Columbia Supreme Court rejected one woman's claim for hundreds of thousands of dollars in damages after photos on Facebook contradicted her claims.

The woman said two car accidents left her without friends, depressed and unable to leave her home. But 194 pages from Facebook and hours of surveillance video proved otherwise. The woman was seen out with friends and river tubing – activities that contradicted her claim.

California's busy highways make it a state with 3,104 people killed and 223,128 people injured in traffic collisions in 2013. Whether you're a driver that causes an accident or a passenger involved in an accident that you had no fault in, you need to follow the appropriate steps to protect your rights after an accident.

The steps you'll want to take immediately following an accident, include:

1. Call 911 to report the accident, or call the local police if no injuries are apparent.
2. Obtain the name, number and address of all witnesses and drivers involved. Obtain license plate numbers for all vehicles involved in the accident.
3. If safe and there aren't further concerns of injury, take photos of the vehicles involved in the accident. You'll want to take photos of the accident scene, roadway and anything else of importance following the accident.
4. Write down the events that led to the accident in detail and reiterate these details to the officer who is present at the accident.
5. Contact your insurance company or your agent immediately to file your claim.
6. Report your accident to the Department of Motor Vehicles within 10 days if damages or injuries exceed $750. Failure to report the incident to the DMW may result in suspension of your license.

Accident scenes are filled with emotions and tension. There's risk of ""permanent injuries and loss of income are often the unwanted consequences that follow a car accident,"" states the Law Offices of Zappenttini & Bradley.

You'll want to avoid:

• Arguments with the opposing driver or anyone at the scene of the accident.
• Telling your side of the story to the other driver – save your story for the police.
• Don't sign anything from the opposing driver offering to pay your deductible.

The best thing that you can do in these situations is to remain calm and wait for the authorities to come to the scene of the accident. If you're injured, you should wait for help and avoid any actions that may lead to further injury.

These days so many talk about concealed carry low. The debates are as strong as when the mass shootings happened. Unfortunately, the big problem is that people do not actually know much about the law but they do tend to believe what others say. Because of this, various misconceptions and myths appeared. Remember the fact that there are differences between the laws that exist in different US states so you will need to be aware of current situations based on where you get your CCW free course done. However, the common misconceptions you should not believe are the following.

Guns Can Be Carried Everywhere

This is simply incorrect and laws will vary based on state, although there are different places that will be off-limits for the permit holders. This does include government properties as guns fall under federal law. We also have concealed guns that are prohibited in some states in courthouses, school grounds, at worship places and where alcohol is served.

Gun Training Is Not Needed

In most of the states you actually have to prove that you went at least through basic training that covers gun skills in order to get the carry permit. You can also offer proof of equivalent experience. Military training is the best example of that.