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How Serious are Narcotics Possession Charges in Boston?

November 5th, 2014

The narcotic drug sentencing laws in Boston varies according to the classifications of narcotic drugs and the amount. A narcotic drug is one that is associated most strongly with opiates and opioids that derive from the opium plant such as opium, morphine, and heroin. Narcotics are also derivatives of morphine and heroin such as hydrocodone. However, in a legal context, a narcotic is one that is prohibited and does not necessarily mean one that is derived from the poppy plant. Boston narcotics possession lawyers use the broader term of narcotics as illegal drugs. To understand the seriousness of narcotics necessitates the understanding about the different classifications of drugs. There are five classifications of narcotics in the State of Massachusetts of Class A, B, C, D, and E. These roughly correspond to the Drug Enforcement Agency’s (DEA) Schedule of Drugs.

Class A substances are those substances that do not have a currently accepted medical use and that have a strong potential for abuse. These drugs can cause potentially severe psychological or physical dependence. Some Class A substances include heroin and other opiates such as morphine derived from the poppy plant, and designer drugs such as GHB and Ketamine otherwise known as Special K.

Class B substances are drugs that have potential for abuse, but with less potential than Class A drugs. However, these drugs have the possibility to create severe dependence and are still considered dangerous. Some examples of Class B include prescription drugs such as Ritalin, Adderall, Dexadrine, OxyContin (oxycodone), but also illegal drugs such as cocaine, PCP, and methamphetamine

Class C drugs are drugs or substances that have a moderate to low potential for abuse. Some examples include prescription tranquilizers and narcotics such as diazepam (Valium) and Hydrocodone (Vicodin). This drug classification also includes illegal drugs such as mescaline and psilocybin mushrooms.

Drugs such as marijuana and chloral hydrate, phenobarbital are Class D drugs. These drugs, substances, and chemicals have a moderate to low potential for dependence. Other substances such as ketamine, anabolic steroids, or testosterone are in this category.

The last class of drugs is the Class E that are lighter doses of prescription narcotics containing codeine, morphine, or opium.

Narcotic charges in Boston can vary and Boston narcotics possession lawyers are aware that sentencing depends on the class of drug, the intent of the owner, and the amount found in possession. There are 4 primary charges of possession, possession with intent to distribute, trafficking, and conspiracy to violate the drug laws. Massachusetts state law states that, “No person knowingly or intentionally shall possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the provisions of this chapter.” This means that you cannot have illegal drugs. This also means that you cannot have legal drugs without a valid medical prescription, nor can you sell prescription drugs without being licensed to do so as a doctor or other health professional that can prescribe.

An example of how the law is pursued would be that it is, according to state law, a worse offense to manufacture and sell cocaine than it is to buy and use cocaine. First time possession of cocaine, a class B substance, is up to 1 year in jail and a fine up to $1000. You also can lose your driver’s and professional licenses as well as being made ineligible for student loans and grants. Possessing cocaine with the intent to distribute has a penalty of a 2 ½-year jail sentence and a fine of not less than $1,000 and up to $10,000.

Offenders who have second and subsequent offenses can face a 3-year mandatory state prison sentence and a maximum sentence of 10 years. The fines for this offense are in the range of $2,500 to $25,000 as well as a mandatory 3-year loss of licenses. This is on top of any federal charges that might be brought against the offender. In contrast, Class E drugs potentially have lighter sentences and, like Class B, the penalties are lighter or harsher based on illegal possession and distribution.

While these drug classes may sometimes seem confusing, there is always help available. You can find professional and knowledgeable Boston narcotics possession lawyers at EKG law firm who can assist you with your narcotics case. Please contact us at 617-523-3500 for more information as to how we can help you.

 

How does an elder care attorney assist seniors??

October 21st, 2014

As and when people get aged that many issues put forth, which they need to deal with. Medicare, Medicaid, social security, long-term medical needs, guardianships, trusts, estate planning and retirement planning are among the few issues that the elderly face each day. Many a times, the information that they have to put a face to can be confusing as well as overwhelming, hence in situations like these, the assistance of an attorney who expertise’s in the area can be priceless.

Focus on the needs of seniors

The Chicago nursing home lawyer is attorneys that have dedicated their law practice in meeting the legal needs of the families of seniors and the seniors themselves. They are not only acquainted with the legal issues that senior faces, but they also know a lot about exposures, resources and insights for the elderly. These attorneys can be of great assistance to the families and older adults in developing legal protection and also getting their work in order. They can also assist their clients in finding services or agencies that can assist them in their daily lives, such as private or public senior service providers, house health care assistance and much more.

Specialties of the elder care attorney

These particular legal representatives or attorneys help their clients in numerous legal areas. The areas covered by then are so varied and so many that it is not a new thing for the elder law firms to be equipped with many staff on board with their specialties and specifications. In this way, law firms and attorneys are sure to be helpful to the elders.

Among the known areas of expertise include:

Insurance and Taxes, Asset Protection and Retirement Planning, Medicaid and Medicare, Social Security, Long-term care, End-of-Life decisions, Health Care Planning, Trusts, and Estate Planning. Following are a few of them in detail

Estate Planning: This assists the plans of seniors in the allocation of their estate and assets after their demise. This option is not only limited to the rich senior class, conversely anybody can benefit from this service as it also includes things such as probate issues, power of attorney, gifting, setting up trusts, designating beneficiaries and wills. This service makes sure that your asset will be given to a person of your choice.

Healthcare Planning: This particular area is widespread and includes benefits, coverage, Medicaid claims, Medicare claims, healthcare directives as well as long-term treatment decisions. The Chicago nursing home lawyer is the one who is specifically helpful in designing power of attorney and advance directives for the seniors that suffer from ailments such as Alzheimer’s and dementia. Hence, these attorneys can assist the families of elders as well as the elders themselves in developing a long-term future care plans. The elder care attorney can also assist in navigating Medicare and Medicaid in order to make sure that they get the desired benefits.

An attorney can assist in setting up a guardianship: Many elderly do this if they have kids with special needs or adults in need of special care who will require someone to be responsible of them after the demise of their parents. Hence, in this case, kids of these seniors can apply for conservatorship or guardianship of their parents, in a situation where a parent cannot take care of herself or himself. Eldercare attorney can assist and guide through this process in the court.

Advocacy and legal representation: Just as any other profession in law, this particular attorney can advocate and represent you on numerous issues. These issues can be age discrimination, tenant relations/landlord, elder abuse, social security claims, insurance claims as well as other settlements.

 

How to Locate and Hire the Best Family Lawyers

October 21st, 2014

The need to hire a professional Chicago Family Lawyer is on the rise. The need is not only limited to Chicago but being experienced across each city in the USA. Chicago tends to have the highest concentration of family lawyers thus making it a prime example for how you must locate and hire a professional family lawyer. Making use of the modern digital technology is critical as it help deliver a wide number of results. In addition to delivering a wide verity of results people are also capable of identifying many additional tips linked to hiring the very best Chicago Family Lawyer.

Identification of your legal representation needs

The first step linked to hiring a suitable Chicago Family Lawyer is your ability to first identify problems which you are capable of encountering. There are many complications, legal issues and processes which every family will encounter over time and having a family lawyer will help manage the situation in the correct manner. This makes it important to first identify the abilities and specialization of the family lawyers you intend on hiring so as to hire the correct legal representative. The family lawyer you hire should be capable of handling every legal requirement whether it’s a divorce, or property ownership dispute.

Locating the best available lawyers

You also need to ensure you learn how to research and find the most suitable lawyers. Gone are the days you needed to check for the information on the newspaper and today you can easily find the service e providers on the internet. Entering Chicago Family Lawyer to Google will deliver a long list of family lawyers in the city and this can be done for any city by simply just changing the city name on the search term. It’s also advisable to consult family lawyers who are located close to you as this help reduce the cost linked to transport as well as the time needed to travel. Keep in mind Chicago experiencing serious traffic jams so hiring a legal representative close to you will help reduce the costs involved to legal representation.

Weighing your payment options – pay after win

Another important factor linked to hiring legal attorneys today is making sure they offer suitable payment terms. Today there are many companies offering attractive terms of use so it’s important for the client to research on suitable methods of payment since many legal representatives are offer pay after win payment terms. The terms of payment will vary for each different case but in situations involving compensation and financial claims most lawyers will offer the pay after win term so make sure you make use of it.

Hiring a Chicago Family Lawyer will usually depend on these points so spending time to identify the best approaches if very important. There are several hundred family lawyers in Chicago alone thus offering the client a wide verity of choice. Spend some time researching on each of the family lawyers and what makes them special before opting to select one. Failing to spend time on research will only lead to serious complications so take time to make your selection carefully

Gun Registration: Federal and State Laws in the U.S.

October 18th, 2014

Despite the fact that the 2nd Amendment of our Constitution allows citizens of the United States the right to bear arms, the issue of freedom versus control when it comes to guns has always been controversial. And the result has been a bevy of laws at both the federal and state levels pertaining to what we may and may not do with guns. There are laws concerning the types of firearms we can buy, sell, own, and transport, the types of ammunition available, and how guns can legally be used. And of course, there are restrictions designed to ensure that guns can be traced back to their owners. Laws differ from state to state and between state and federal institutions, but here are a few things you should know about gun registration if you want to legally own firearms.

First of all, there is no federal system of registration. There are all kinds of federal laws pertaining to ownership and usage of firearms, including plenty that restrict ownership of certain weapons (specifically of the automatic variety). And there is a government agency, the Department of Alcohol, Tobacco, and Firearms, that is tasked with enforcing these federal laws. But laws pertaining to gun registration are almost exclusively under the purview of states, meaning that each state must make their own regulations concerning licensing and registration of firearms. There are federal laws like the National Firearms Act of 1934 that call for taxation and registration of specific firearms, including machine guns, certain shotguns, and so on. But other than that, it’s up to the states.

That said, it is legal to own and carry firearms in all 50 states. They why and how of this prospect is all that differs. In terms of registration, there are varying levels of laws and restrictions pertaining to the licensing of firearms. Some states require any and all firearms to be registered at the time of purchase, with paperwork associating the serial number of the weapon in question to the owner. Background checks may be performed before you are allowed to purchase a handgun or other firearm, and then you will have to register the gun. Other states require a license only if you wish to have special rights. If, for example, you want to carry a firearm in public or carry a concealed weapon, you will have to obtain a special permit to do so legally.

And of course, specific firearms (like automatic weapons) will always have to be registered due to federal law. And since gun laws vary from state to state, you should be aware of them when you travel or move. Your permit to carry a concealed weapon may not be recognized in other states. While certain states have exemptions (Idaho recognized Oregon permits, for example), others do not necessarily provide reciprocity (Oregon does not recognize Idaho permits). And many states require you to re-register your firearms should you take up residence within their borders. So before you start planning the arrangement of your gun safe and ordering ammo from Diamond K Brass, it’s a good idea to take the time to understand federal and state laws pertaining to gun registration. It could save you a lot of legal hassle when you decide to exercise your right to bear arms.

What is the Federal Stance on Asbestos?

September 12th, 2014

The risks of asbestos exposure only started to become understood during the early 1970s. Prior to that, asbestos was widely used in a variety of industries and professions where millions of people were exposed. In the time since, the federal government has regulated how asbestos can be used. It is one of the first hazardous pollutants to ever be controlled under the Clean Air Act in 1970. In 1976, several forms of asbestos were outright banned through the Toxic Substances Control Act.

Symptoms of Asbestos Exposure

The most common symptoms of asbestos exposure include chest pain, loss of appetite, weight loss, anemia, chronic cough, and shortness of breath. Unfortunately, the symptoms of asbestos exposure are somewhat unpredictable because of the numerous severe conditions that it can lead to. The most severe of these conditions include asbestosis, pneumothorax, pleural effusions, and mesothelioma. Mesothelioma is the most dangerous because it is a rare and aggressive cancer that currently cannot be cured.

Mesothelioma Prognosis

Generally speaking, the life expectancy for someone diagnosed with mesothelioma is poor because symptoms rarely manifest until the cancer has had a chance to develop. In one study of 167 mesothelioma patients, the typical life expectancy for patients around the age of 50 was approximately one year, 240 days for those diagnosed over the age of 65, or 112 days for those diagnosed at 75 or older.

Gavel II

Legal Asbestos

It may come as a surprise to learn that many forms of asbestos remain legal in the United States. Unlike many nations around the world, the federal government has decided against issuing a general ban on asbestos. The Environmental Protection Agency (EPA) started the Phase Out Rule in 1989, watch allows a variety of consumer products to contain trace amounts of asbestos. For the most part, these are products which do not easily allow asbestos to become airborne, which should prevent asbestos from becoming inhaled. This is because asbestos-related conditions are usually the result of asbestos becoming trapped in the lungs.

The Federal Position

The position of the US Occupational Safety and Health Administration and the EPA is clear: there is no safe exposure limit when it comes to preventing asbestos-related conditions like mesothelioma. Those with as little as one month of contact with asbestos have been known to develop mesothelioma later in their lives.

According to the American Journal of Respiratory and Critical Care medicine, asbestos remains a safety hazard for approximately 1.3 million Americans who work either in construction or building maintenance. These are the industries where asbestos products are still commonly used in a variety of construction materials. These include asbestos roof coatings, gaskets, floor tiles, pipes, and more.

The EPA attempted to issue a general ban on asbestos in 1991. That ban was blocked by the 5th Circuit Court because the estimated costs were expected to be $450-$800 million, while saving as few as 200 lives over the course of a decade. Although a general ban has not been issued to this very day, legislation against asbestos has continued to develop in the time since. One recent example includes Washington State, which issued a ban against the use of asbestos in auto brakes that took effect this year.

This article was contributed on behalf of Shrader & Associates, L.L.P, a specialized asbestos law firm. Check out their website today and see how they can help you! 

5 Factors to Consider When Hiring a Wrongful Termination Attorney

September 6th, 2014

Wrongful terminations happen all the time. What doesn’t happen all the time is people standing up for their rights and fighting back. There are many different types of wrongful terminations – it may be because of sexual orientation, race, or maybe even a disability. If you feel like you have been wrongly terminated, you may be able to file a termination lawsuit against your former employer. If this is the case, you will need an attorney that specializes in these types of suits. Ideally, you want to find someone that is passionate about the cause and has a reputation for being tough in the courtroom. Here are five factors to consider when hiring a wrongful termination attorney.

  1. How many court cases has the firm or attorney won? One of the most important considerations to make is determining how many cases an attorney has won in favor of the plaintiff – that would be you. Ideally, you want an attorney with more wins than losses.
  2. Does the attorney specialize in a unique form of wrongful termination suit? You can easily look for an LA labor attorney or an NYC labor attorney, but you want to make sure that the attorney has experience in your specific type of case. If you were wrongfully terminated because of race, you may want to find an attorney that has experience with cases that deal with this matter. The same goes for wrongful terminations having to do with sexual orientation. When it comes to fighting for your rights in a court of law, you want a legal counsel that is passionate about your cause.
  3. Do you have some solid references? It is also important to consider references. If you conduct a random search online for an attorney, it can be hard to know if the lawyer is good or not. This is why you want to ask for references. You can either call those references or email them. If the references are all positive, you may have found your wrongful termination attorney.
  4. Will the wrongful termination attorney work with you financially? In some cases, you may not be able to afford a wrongful termination attorney. This is especially the case if you have been out of the job for a while. This is precisely why you want to ask your attorney if he or she can work with you financially – you may even want to ask if your attorney would be willing to take on the case pro bono. In pro bono cases, you usually pay your attorney when you win your case.
  5. Is your case solid and do you have evidence? Evidence is everything in these types of cases. Otherwise, the case is merely a “he said, she said” spectacle. This is why you want to look over your contract, browse through emails, scroll through text messages, and rummage through memos – anything that could implicate your employer. In the end, with a small shred of evidence, your attorney will have a much better chance at winning the case for you.

California Knife Law Basics

August 4th, 2014

These days, everyone is talking about guns and gun laws – but what about knife laws? No one seems to be talking about knives and the laws surrounding knife ownership and possession. When it comes down to it, the Second Amendment states that all men have a right to bear arms – surely that applies to knives and swords. Well, it does – every person is allowed to own a knife. In each state, however, the laws are a little different. While knives and swords are federally protected under certain penal codes – each state has its right to create its own legislation. Here are some

California knife law basics.

1. Know the difference between a pocketknife and switchblade. In California, any knife blade that swings out – either by a spring or gravity – must be less than two inches long.

This doesn’t include the part of the knife that is not exposed. Basically, a switchblade that is 1.9 inches is still considered a pocketknife – anything bigger and it is an illegal switchblade. This law is an ordinance to make a clear distinction between weaponry and utility – a switchblade can very easily be a deadly weapon if used in the wrong capacity.

2. Swords, other large knives and throwing stars are illegal to carry openly on the street in

California. For instance, if you visit Swordsaxe and purchase a Samurai-style sword, you could be fined or imprisoned. Not only that, but they may confiscate your sword or knife.

Ideally, if you don’t want to get in trouble, you want to keep your large swords at home – they are safer on a mantle versus a belt loop on the way to the market on a Tuesday morning. If you have just purchased a sword, be sure to keep it in the box or container you purchased it in.

3. You cannot carry concealed ready knives. What is a concealed ready knife? Basically, a concealed ready knife is a blade or dagger without a handle. Under the eyes of the law, these types of knives are seen as intended for great bodily harm. If you are hiding these knives, it shows intent that you are trying to conceal. Ideally, you want to keep these knives at home, especially if they contain a very large, sharp blade.

4. All ballistic knives are illegal. You are not allowed to carry any knives that have the power to shoot or propel. Basically, any kind of knife shooter that uses a mode of propulsion is illegal. These knives are seen as inciting and used for the purpose of mayhem, injury and death. If you are caught with one of these knives, you could be fined and imprisoned. If you are doing anything illegal with the knife, you could be charged with a felony.

5. Utility knives are legal. Most utility knives are illegal, but only if they are carried and in a safe holster. Many people use knives for camping purposes and fishing. Moreover, some warehouse workers use knives to cut rope. In the end, if you have a good reason for a utility knife, you won’t get in trouble.

The Importance of Shredding Legal Papers and Documents

July 22nd, 2014

In a world where we are leaving more and more information about ourselves out in the public view, it has become increasing important that we secure sensitive information about ourselves and our businesses. When it comes to hard documents and legal paperwork, one of the best ways to ensure security is shredding. Shredding, which literally tears documents into indecipherable pieces, can help protect you, your business and your clients’ safety by destroying sensitive or private information. Let’s discuss a few of the reasons why shredding legal paperwork is an important security process.

Many times, legal documents pertaining to yourself, your business or your clients may contain confidential information. Whether that is financial records, medical history or even a Social Security Number, all of this information can prove harmful or damaging if exposed to unauthorized personnel. If you own a business, some of these documents may contain proprietary information or business plans for expansion. If leaked to competitors, your business may be unfairly undermined. But if shredded by a professional document security company, you can feel assured that your personal information is safe.

Other documents, from tax forms to television scripts to home addresses should also be considered for shredding. All of these documents contain sensitive, proprietary or personal information which should not be allowed to leave the owner’s possession. In our fast-paced, digital world, one leaked document can instantly spring up in a hundred places online. By shredding this information, you make sure that no one can access it again.

Another, more practical reason why many people choose to shred their documents is that they simply run out of office space. If you run a law firm for twenty years, that creates twenty years of extensive paperwork you probably have on file. And while some of this paperwork must be held onto for legal reasons, unnecessary or outdated papers can simply take up space and collect dust. By shredding some of these documents, you may be able to save yourself a considerable amount of office space. And though much of the information in these document may no longer be pertinent, it is always best to err on the side of caution when handling legal documentation.

It is important to bear in mind however that not all documentation can or should be shredded. Depending on the type of document, a person or business may be legally required to hold onto a hard copy for a certain number of years in case of an audit or legal suit. If you shred a document prematurely, whether by accident or on purpose, you can find yourself in serious legal hot water in the event of an inquiry. So before you shred anything, be sure to review the information on that document and confirm that it is a sound legal decision to destroy it.

When you choose to shred documents, there are a number of options out there for you. But to ensure that you get the best service and highest security, consider choosing Global Document Solutions for all of your document security needs.

Advantages of Finding and Hiring the Best Business Attorney

July 21st, 2014

The most critical thing about the legal cases is that they are absolutely unpredictable and no one knows when one could become a victim of any type of a legal case. As common people seldom have any significant knowledge of legal matters, so they fall into an urgent need of a lawyer. This is true for all types of legal cases including criminal or civil cases, family law or divorce case or even a business or financial cases. Though most of these cases are legal by nature, they have different rules and regulations altogether. You may need a lawyer to fight these cases, but these lawyers may have different skill sets.

The financial or business cases are very technical by nature and if a case is lodged against anyone the, you can do nothing but hire a business lawyer who can fight the case and get the award in your own favor. Your search for the best business lawyer should begin immediately so that you get and hire him as early as possible. If you are a resident of Atlanta in the United States of America, then you must be aware of the name of Jeremiah Jarminwho promises loads of benefits to his clients in Atlanta. He is an extremely knowledgeable person who has a special intellect that helps him to guess what their opponent lawyers are thinking . This can be good when both the lawyers fight the case to win it in favor of their clients.

The best financial or business lawyer, like Jeremiah Jarmin, prepares the case in such a manner that the lawyer of the opponent side gets confused totally. As he has a very good knowledge of all the sections and subsections of the law, so he plans his case on every section as and when they are applicable. The systematic preparation of the case helps him to make a good and positive impression on the judge before whom the case is likely to be floored. This impression is very important and the lawyers, especially the ones like Jeremiah Jarmin, would like to get a legal battle  half won at the earliest phase in deed.

These lawyers are fully dedicated to their clients, so they are free to take all possible measures that can place them comfortably even in the earliest part of pleading the case. Moreover, these lawyers work hard to collect the evidences and witnesses that can be every decisive when it comes to winning the case. These lawyers have business terms with other lawyers of the same category who can also help them, in any phase of the case. Their role becomes important when the actual lawyer needs their support.

It is because of these advantages, people need to fight the business cases must find and hire the best lawyers who are largely optimistic about winning the cases. While looking for the best business lawyer, if you happen to meet Jeremiah Jarmin and get a chance to hire him, then you must consider yourself fortunate and be assured of winning the case easily. However, that equally means that you must cooperate with your lawyer so that you can get the advantage in the end.

 

 

A primary insight of child custody that the divorce attempting parents should know

July 16th, 2014

Parents, asking for legal help for their child’s custody are not an unfamiliar incident in modern days of life. It is frequent (if not very frequent) that parents get separated for some reasons or the other and if they are having a child, asking for a child custody becomes a necessary part to ensure a secured future of the child. After all, a child’s future is at stake when his/her parents are getting separated.

There are provisions in every judicial system that take care of the fact that who’s going to own the child’s custody. Of course, there are certain terms and conditions to get to the decision.

The tendencies of such cases are very volatile because when the parents disagree to what is the best interest for their children, it gets difficult to decide the fate of the case and this is why experienced child custody lawyers are invincible for such cases so that finally, it turns to be a peaceful and uncontested divorce. Being the parent, it ought to be the most important responsibility of both the father and mother to secure their child’s future irrespective of they are together or separated. The child custody attorneys have a significant role to play and an experienced, skilled and knowledgeable lawyer can make you achieve the best possible outcome.

There are different types of child custody has been mentioned in the Law system and it’s better to have at least, a primary insight of these custodian details. Primly, there are two major types of custody namely, legal custody and physical custody.

Legal custody: If you won the legal custody of your child, you will have the right and responsibility to take decisions about the upbringing of your child. This clearly specifies that you can decide over your child’s healthcare, education and social upbringing of your child. In many cases, joint legal custody is offered to both the parents but that raises the possibility of contradictions and misunderstandings which can be detrimental to the child.

Physical custody: This refers to whom the child will physically stay with. In some cases, joint physical custody is also offered by the court of law and both of the parents get to spend equal amount of time with their children. But, for the best interest of the child it is important for the parents to have at least a minimum cordial and workable relationship with each other.

Sole custody: As the term suggest, this option gives the custodial rights to only one parent and the other parent’s rights are very limited to only visit the child and the timings are pre-decided by the court itself. Among all the other types of child custody, this one seems to be the most uninterrupted for the child. While on the contrary, the child who doesn’t have much knowledge about why the other parent is not as much part of their life as he/she was before may affect the child psychologically.

 

I hope that these points will let the parents, about to get separated think over the matter once again.