Lawyer Talk

Legal commentary provided by Attorney Randall Flagg


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Is there a difference between a Felony and Misdemeanor charge?

felony vs. misdemeanorDepending on the state, some criminal actions will be considered misdemeanors, and some felonies. What draws the line between the two? Generally, felonies are more serious crimes than misdemeanors are. The separation between the two can lie in the amount of jail time you may face. It is best to hire a good criminal attorney, because sometimes felonies can be mitigated down to misdemeanors, which carry lesser sentences.

The Law Offices of Randy Collins has several years of experience assisting those facing misdemeanor and felony charges and provide free case evaluations. You can call their office day or night for help.

Infractions

Much smaller crimes, such as minor drug possession, like less than 28.5 grams of marijuana possession in California, are considered infractions. This will receive a fine, but no jail time. These also include every day traffic tickets or jaywalking. As long as you pay your fines, these infractions will not be a problem for you.

Misdemeanors

These are more serious crimes, generally defined as a crime that is punishable for up to one year in jail. Fines can also be associated with misdemeanors. Prosecutors generally have the power to decide whether you should be charged with a misdemeanor or a felony. Attorney Randy Collins, a former District Attorney Prosecutor, spoke about these crimes at his recent OCC appearance. These types of crimes include:

* Minor thefts

* Certain traffic offenses (like a DUI)

* Other minor drug offenses

Time will likely be served in a local or county jail, rather than in prison.

Felonies

These are classified as the most serious, and often dangerous, crimes. Most states classify felonies in degrees, such as first degree being the most serious. Types of felonies include:

* Murder

* Aggravated or grand theft

* Rape

* Breaking and entering

Felonies are punished by substantial fines and prison sentences. Unlike misdemeanors, felony prison sentences are served in either state or federal correctional institutions. Some attorneys are unable to handle criminal charges that are brought forth in state and federal court. Randy Collins’ Law Offices assist defendants regardless of what government agency is pursuing charges.

Being convicted of a felony has more disadvantages than just higher fines and longer prison sentences. Convicted felons may not be able to serve on juries, purchase or possess firearms, and may not even be able to get job in areas such as law, teaching or the military.

California Criminal Defense Assistance

Criminal defendants in Southern California have the option of utilizing the services of a public defender, but in many cases, this is accepting sub-par legal representation in a situation that could have a significant impact on your future.

Randy Collins’ Law Firm offers provides free case evaluations to anyone facing charges in Southern California. You can call their, or several other law firms throughout California to receive a case evaluation and find out what options you can take advantage of.

 

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Common violations resulting in employment law class actions

violationsEmployers violate various employment laws either knowingly or unknowingly. Actually, cases are being reported daily by employees who have been mistreated in various forms. To what extent is mistreatment viewed as violation? Who will you inform about your employer’s ill treatment? What if your employer has a lawyer while you do not have one? Such and other related question linger in the mind of employees. In a bid to enlighten you about the course to take after being mistreated, below is an extensive coverage for you.

When should you seek legal help?

If you view your employer’s traits and practices as a violation on set rules, seek legal help. By seeking help, you pitch yourself in a battle against your employer based on the reported scenario. At times the violation can be so intense that it may be against labor laws too.

Should you hire an advocate?

Yes. Actually, it should not be an option since your employer will definitely have someone represent them. Since you are in a battle with your superior, chances are you are likely to be demeaned in court till you call off the case without getting justice administered.

Violation categories

Before you term the unfair treatment as violation of laws, consider gauging them against the listed types below. Before you gauge them, ensure that you understand what each violation entails so that your gauging comes out right.

There are various types of violations. They include:

* Discrimination at work

* Harassment and assault

* Honor and wages

* Retaliation

* Leave issues

The above are common with many employers. How should you react if you are a victim of the above? It is normal to be stranded while trying to pick the best choice. However, consider informing your Human Resource manager about it. Though it is the first move, do not do it in speech but in writing so that you will have a copy for future reference. When writing it, remember to mention the base on which you were mistreated. Were you treated on the basis

of race, pregnancy, sex or national origin? Do not forget to mention that. You can also put witness information and have their signatures in place too.

Effects of violating employment laws

Emotional effects

Ever imagined being a slave of emotional feelings? If your employer violates a law against you, chances are that you will be emotionally disturbed. Among the top emotional effects are anger, depression, humiliation, anxiety, feeling of being helpless and confusion.

Financial effects

What if you were the breadwinner? You worked hard because your family depended on you for financial support. When such a source of income is disturbed, your family’s financial welfare is at stake after being exposed to tough economic crisis and realities.

Compensations employees can expect to receive

  1. Pay hike

Violations such a termination and wage disputes will be resolved in an industrial court or a normal one depending on the laws violated. If you were terminated, the entire payment that you missed will be given back to you by your employer. A slight increase is expected to act as compensation.

  1. Honor

Were you discriminated or harassed? If you are a victim of any of the two, an employer will have your honor back. Honor entails being treated right with great humanity. Lastly, the employer promises not to violate any such law in the future.

  1. Awarding of leave

What will happen when you get pregnant in future? Your employer should assure you of a maternal leave without holding back any leave benefits such as payments while off from work. Moreover, there should be no limitations concerning the leave. This includes a fair hearing to any explanation as to why a leave extension is asked for by an employee.

Will employers seize to mistreat employees? To some extent, it may seize but it depends on the punitive action legal institutions come up with. How will a light punishment hold an employer

from harassing an employee? For violation to end, employers need to be educated on the laws, violation and effects.

Employees too have to know the best ways to report a violation case. Check with your lawyer for more information on Employment class action law


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Deal Successfully With Lawyers, Thanks To These Ideas

Do you need a good lawyer? Most people think that good lawyers cost a fortune. Sometimes that’s the truth, but you don’t always have to spend a lot of money to hire a good lawyer. Read the following article to learn how you can hire a reputable attorney without breaking the bank.

If you are in need of an experienced dog bite lawyer, don’t call a personal injury attorney with a majority of slip and fall cases under his belt. You need someone that has years, if not decades of experience assisting victims of dog bite cases in your state.

Judge John Noonan by Christopher.Michel, on FlickrDo not hire a lawyer that is searching for you. If you are involved in a case that can be costly, they may be trying to scam you. Spend some time researching lawyers and get the very best one you can.

If you need a good lawyer, ask your friends, relatives and colleagues if they know anyone. It is best to get a recommendation from someone you trust rather than hiring a lawyer who spends a lot on promotional campaigns. If you cannot get a recommendation, do some background research on different lawyers.

You should agree on how much you will pay your lawyer before hiring them. Ask your lawyer for a quote after explaining what you need help with and sign an agreement. Do not hesitate to contact different lawyers so you can compare quotes and choose a lawyer you can afford.

When choosing a lawyer, word of mouth is one of the best ways to find one. Ask friends or relatives for recommendations. They can give you honest feedback on their experience. They can tell you how well or poorly they did in their situation. This feedback can help you choose wisely.

If you go to see a lawyer for any legal reason and they tell you that your case will be simple, you should not hire them. Most legal cases have a lot of things involved with them, so it is not very likely that many cases can be that easy.

A specialty lawyer may cost more, but in the long run, it will probably cost you less. In reality, a specialty attorney will spend less hours doing research on the case than a general lawyer, reducing their hourly fee.

Finding a good lawyer is a lot of work. You should put some time aside to do some research and give yourself a few weeks to compare different options. Meet different lawyers to get quotes and ask for advice. You should not expect to find a quality lawyer right away.

It is important that the lawyer you hire is one who is experienced on the field you need help with. For instance, if you need a lawyer for a divorce, it would not be wise to hire a lawyer specializing in taxes. When you hire a lawyer familiar with the problem, you need help with, you have a better chance of positive results.

Go with a specialist when you really need one. If you are in a jam, and it’s regarding something very specific a general practitioner may not have the know how to help you in the way that you deserve! Yes, a specialist may be more money, but your chances will be much better with the expertise that’s brought to the table.

Regardless of your financial situation, you can hire a great lawyer that will serve you well. Use the tips from this article to help you locate an attorney who fits with your budget. You’ll be pleased at the final outcome.


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How Can I Know If The Lawyer I Chose Is A Good One?

Do you need a good lawyer? The reason you need one as well as the cost is important, and there are plenty of other things to learn about as you go about choosing yourself a good lawyer. Keep reading to find out all the information you need so that you make a well-informed decision.

First Lady Katie O’Malley Host Ukrainian by MDGovpics, on FlickrLegal proceedings can often be confusing and complicated when you lack a background in the law, so make sure to let your lawyer know when you are confused or if you a clearer idea of what to expect from your trial. He or she should return your calls in a timely manner.

Some attorneys have special status within their local chamber of commerce that imply extraordinary skill. Unless the accolade specifically addresses skills that would be useful in your case, chamber of commerce listings are rarely a good way to identify a good lawyer.

A good tip to keep in mind when hiring a lawyer is to be very wary of any lawyer who seems more interested in getting paid than winning your case. There are many unscrupulous lawyers out there who will try to get you to pay a contingency fee, or even get you to mortgage your house.

When looking for a good lawyer, it can be very helpful to ask friends and family for their recommendations. It seems as though there is a law firm around every corner, so referrals can steer you towards a great lawyer. Even if they do not specialize in your type of case, they can recommend someone like a colleague to you.

Avoid lawyers that use the term “slam dunk” in regards to any situation or case. Seasoned legal professionals know that the law is rarely a cut and dry matter. Otherwise, lawyers might not need to exist at all! You do want a confident attorney, but not an arrogant or ignorant one.

Mutual respect and excellent communication is an excellent foundation for a lawyer-client relationship. If you don’t like your lawyer’s personality, it only makes things harder. Find a lawyer you get along with well so things go smoothly.

Talk to several lawyers before making a selection. Don’t hire the first lawyer you speak with. You want an attorney who you can trust, so interview several potential candidates. In addition to the standard qualifications, determine whether their personality will work well with your own, as you may be spending a great deal of time together.

When you believe that you might have a lawsuit, it is tempting to call one of those lawyers in the commercials on television. Although these lawyers are qualified, they might not be allowed to practice law in your state, depending on where they took the BAR exam. It is always good to look into this and read the fine print.

Talk to friends and family. Word of mouth is one of the best ways to find a lawyer. You get first hand information from someone who has been through the legal process with your potential attorney. Even if your friends or family have had a bad experience, that information is valuable so you don’t make the same mistake.

You should now be able to weigh your options better and come up with the right solution regarding hiring yourself a lawyer. It’s important that you remember the guidelines and tips you’ve read here so that you can find the right one. Keep them in mind, and get out there and win your case.


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What You Need To Know When Working With A Lawyer

Are you in need of a lawyer? This article has the advice you need to find the best lawyer. Continue reading in order to discover the right way to pick a lawyer that suits your needs and your personality.

First Lady Katie O’Malley Host Ukrainian by MDGovpics, on FlickrIf you believe that you might have a legal case it is a good idea to seek a legal consult before pursuing any action. Many law firms offer a free consultation so make sure that you take advantage of this. This allows you to try out a couple different law firms before deciding on a lawyer.

It is important to think about the specialty of a lawyer your are hiring. You want to make sure you hire the lawyer you need. You do not want to hire a lawyer that specializes in criminal law to do your estate planning. Choosing a lawyer that specializes in whatever area of law you need, will guarantee you get someone who has a lot of experience in that area and can do a good job.

A good lawyer knows that your success relies upon your attorney’s ability to successfully protray your side of the story. Whether expert witnesses, or experts in general, are needed to come to the courtroom to provide evidence that corroborates your story, your attorney needs to have experience so that they can be properly prepared.

What are your driving habits? Do you have good driving habits? Do you have a history of causing accidents? A good attorney will uncover the truth to help protect you.

Do not pick a lawyer because you saw their ad on television or on a billboard. Many big firms that can afford this type of advertising use lawyers that are fresh out of school for most of their cases, but charge you for the experience held by its highest lawyers.

Ask every lawyer you interview many questions. They should have an answer for all of it. They need to make you feel comfortable. If you feel that they are not as experienced as you had hoped, then choose a different lawyer.

Before you hire a lawyer to take your case, make sure that you look into their credentials. Inquire what law school they graduated from and the states that they took the bar in. This will determine where they are allowed to practice law. You can also look into previous cases that they have won or lost.

You should make sure you have a solid case before attacking someone in court. Keep in mind that some lawyers only have their own interest in mind and will advise you to go to court regardless of how solid your case is. Present your case to different professionals and do some research on your own before you go to court.

When trying to decide on an attorney, make sure to ask about his or her credentials. You may find that certain lawyers have particular specializations. Particularly if you have a complex case, you need to know what each attorney is best at. Keep detailed notes so you can compare and contrast individuals later on.

When it comes to choosing a lawyer, always trust your instincts. Do you feel like he’s trying to sell you something? Does he seem like he lacks competence? Does she seem nervous? If you feel uncomfortable believing what the lawyer says, so will a judge or jury, so move on.

With these tips you should have a better idea of what to look for in a good lawyer. You should know how to get your list of lawyers winnowed down. Keep these tips in mind when you are interviewing prospective lawyers. The right lawyer for your needs is a vital choice in life. This will help ensure success.


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Assistance For All Of Your Legal Needs

When you suddenly find yourself in need of good legal representation, you may not know where to begin. While the yellow pages contains listings of many law firms, you will not always find reliable information there. The valuable information in this article can guide you in making sure the lawyer you hire is the right one for you.

Judge Betty Lou Lamoreaux, 1980 by Orange County Archives, on FlickrA good tip if you’re thinking about hiring a lawyer is to listen to your gut when it comes down to whether or not you’re going to hire that person. Your lawyer is going to represent you in court, so if your lawyer seems unscrupulous, it’s going to fall back on you.

While some attorneys focus 100% on convincing others that they are the best, many attorneys that have already gained the respect of the courts and their clients focus on other endeavors, like giving back in the form of college scholarships, pro-bono fees, and more.

Ask everyone you know if they’ve used a lawyer for a legal situation such as yours, and who they might recommend. Don’t forget to collect references for the lawyers on your short list and check them out. Also conduct a background check and Google them to see what others say about their services.

Even if you feel intimidated, never be too shy to express your concerns and fears to your attorney. A reputable lawyer will tell you exactly what they are doing every step of the way. You may want another lawyer if the one you have will not give you any details.

A good tip to remember when hiring a lawyer is to keep track of all the bills pertaining to your lawyer. You don’t want to be caught off guard when it comes time to paying for everything. You can also consult with your lawyer if there’s something that doesn’t add up.

Maintain records of each contact you and your lawyer have. This will help you to document each and every moment of your interactions. This log can assist you in handling potential problems down the road, such as large fees you aren’t familiar with.

Keep in mind that you will end up paying a lawyer for more than just the time they spend on your case. If applicable to your case, you may have to pay them for phone costs, traveling costs, and even costs to make copies. Take this into consideration when making a financial plan.

Make a note of how long it takes a lawyer to schedule your first meeting. If it takes weeks to even see the lawyer for the first time, the lawyer may be too busy to give you proper service. You want a lawyer who puts you high on his list of priorities.

When it comes to choosing a lawyer, always trust your instincts. Do you feel like he’s trying to sell you something? Does he seem like he lacks competence? Does she seem nervous? If you feel uncomfortable believing what the lawyer says, so will a judge or jury, so move on.

There are many different types of attorneys, and it is important that you find the one who can represent you in court effectively. Personal references are likely more effective than looking in the yellow pages or doing an online search. The tips in this article will help you hire an attorney who will bet represent your case.


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An Abundance Of Tips And Tricks To Assist With Working With Lawyers

You’re here because you’re in search of an attorney. Do you know how to find one that meets your needs? You should continue reading this article to learn more about the selection process and how you can ensure that you find the right attorney. It can literally make all the difference in the world.

judges by greg westfall., on FlickrA good tip if you’re looking to hire a lawyer is to make sure you pick the right one. Location can be a big factor when looking to hire a lawyer. If you’re going to being to court soon, it’s absolutely crucial that the lawyer you pick is in the area.

Some attorneys handle multiple micro-niches within a niche, like pedestrian accidents within personal injury. This additional expertise could prove to be especially valuable if you’re forced to go to trial.

Make a budget when it comes to paying for legal fees. If you contact an attorney and they are above your price range, try to find someone else. While there is nothing wrong with going a little over your budget, you do not want to choose a lawyer that you will have trouble trying to pay.

Make sure that you have a decent interaction with any attorney before you invest any money. You may have to spend a good amount of time with your lawyer, so it is important that you choose one that you don’t have any issues working with. Take the time to sit down with any potential attorneys and see if you get a good feel for them.

A good tip if you’re thinking about hiring a lawyer is to not get swept away with just the costs alone. Deciding on the cheapest lawyer around isn’t always the best idea, and it can actually cost you more in the long run because they might not be very experienced.

It is important that you stay in contact with your lawyer. You do not want a lawyer who meets you once and then disappears for months at a time. You may be able to avoid this if you come up with a schedule soon after you hire your attorney.

Ask everyone you know if they’ve used a lawyer for a legal situation such as yours, and who they might recommend. Don’t forget to collect references for the lawyers on your short list and check them out. Also conduct a background check and Google them to see what others say about their services.

In some cases, attorneys may go out of their way to give back to the community, these attorneys are not always the best, but a commitment to positive change within one’s community is usually a sign of trustworthiness. Unfortunately, a lot of attorneys are just in it for the buck. Those who exhibit behavior that proves otherwise should not be overlooked.

Know just exactly how much opportunity cost you are giving up when choosing to go to court. Any case takes time, and just how much time depends a lot on the ability of your lawyer. If you choose a young lawyer to save money, you may find that the case takes many more weeks than if you had gone with someone more seasoned. Those weeks can be many hours of lost pay! Do your homework here and make sure the math works out for your choices.

Now that you know what to do when you need an attorney, it’s time to put those tips learned to the test. You can now find the attorney that will help you win your case. Use what you’ve learned, and go out there to get the right one today.