Posts by Al

Cocaine Possession: A Serious Criminal Offense

Posted by on May 28, 2017 in Criminal Law | 0 comments

The United States is the world’s largest consumer of cocaine, a powerful and highly addictive stimulant. Certain workers and employees use this drug to increase functional activity, to stay productive despite extended hours of work. The younger generation calls it “party drug,” which keeps them awake throughout the party. To many others, cocaine is otherwise called coke, dust, charlie, white dragon, foo-foo, toot, uptown, or snow.

Cocaine is classified by the Controlled Substances Act (CSA) of the United States as a Schedule II drug due to its high possibility for abuse; it can be legally prescribed by doctors, however, but only for medical purposes.

Regardless of how it will be used, though, cocaine remains to be illegal and whoever will be caught manufacturing, selling, possessing, using or distributing it, will be met with very harsh punishments. The penalties and fines defined under the United States Code (USC) of Controlled Substances Act for mere possession of cocaine include:

  • first time offenders: up to 12 months imprisonment and a fine of, at least, a $1,000;
  • second time offenders : up to 24 months imprisonment and a fine of, at least, $2,500;
  • third time offenders: up to 36 months imprisonment and a fine of, at least, $5,000

A higher fine and a longer jail term will be given to distributors and sellers of cocaine if any activity involving this drug will be marred by either injury or death.

One major reason why many are drawn to using this drug is the immediate sense of ecstasy it throws a user into. It also makes a user more confident, alert and talkative. This usually gets replaced by depression, anxiety and irritability, however, as the effect of the drug begins to wear off.

The firm Horst Law says that the ramifications of even the lightest cocaine-related charge can be extremely severe. A Class A misdemeanor may only result in a fine or small amount of jail time, but this is not true for felonies. The lowest felony charge, a class E, immediately raises the stakes to several years in prison and hefty fines. Both prosecutors and police, however, frequently seek to make an example out of those charged with a cocaine-related offense. Thus, to avoid being taken advantage of by overly ambitious police and their predatory tactics it may be wise to get in touch with a highly-skilled drug crime defense attorney as soon as you are able to – he/she may just be the key to your acquittal.

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Your Disabled Child May be Qualified to Receive Supplemental Security Income Benefits from Social Security

Posted by on Oct 13, 2016 in Disability | 0 comments

The Supplemental Security Income (SSI), is one of the two Social Security Administration (SSA) programs designed to provide cash benefits certain U.S. citizens (the other is the Social Security Disability Insurance (SSDI) which pays cash benefits to totally disabled Social Security members who are below 65 years old. SSI, in particular, is designed to pay cash benefits to:

  • Disabled adults who have limited income and resources;
  • People 65 years old or older who are without disabilities, but who meet the financial limits set under the federal benefit rate (FBR); and,
  • Disabled children who are below 18 years old and who have limited income and resources;

The Supplemental Security Income hopes to improve the quality of life of its recipients by helping provide for their basic needs, which include food, clothing, and shelter. Unlike SSDI, which requires that disabled applicants have worked long or recently enough in SS covered jobs and have earned the required number of credits through payment of the monthly Social Security taxes taxes in order to qualify, the SSI neither requires employment nor any earned credits. This is how it was made possible to include disabled children in its list of possible beneficiaries (so long as these children have limited income and resources).

For a child to be eligible to receive SSI benefits, his/her disability should fall within SSA’s definition of disability. It is also necessary that his/her parents or guardians know what limited income and resources means.

Disability, as defined by the SSA for SSI purposes, refers to any physical or mental impairment and/or emotional or learning problem which:

  • Can result in severe functional limitations;
  • Has lasted or can be expected to last for at least a year; and,
  • Can result in death.

With regard to income and resources, this refers to the income and resources of the family members with whom the child lives. For 2016, the income limit set under the federal benefit rate (FBR) is $1,130 per month (this amount may change every year). Eligibility also requires that a child must not be employed in any kind of work.

When applying for SSI benefits for children, the SSA usually requires information regarding the child’s medical condition and how this condition affects his/her ability in the performance of daily activities. The child’s teachers, doctors, therapists and other professionals, who may possess knowledge about the child’s condition, will also be asked for information (with the parents’/guardian’s permission). All information gathered, including medical and school records, will be sent to the Disability Determination Services office of the state where the child resides. Doctors and nurses in said state agency will review all available information and determine whether the child is eligible to receive the cash benefits. Evaluation of records usually takes three to five months, however, if the child has emergency needs, then SSI benefits may be paid right away (even while the agency’s decision on the child’s qualification is still pending).

Examples of medical conditions that may qualify a child to receiving benefits include: total blindness, total deafness, cerebral palsy, HIV infection, muscular dystrophy, down syndrome, severe intellectual disability (for children 7 years old or older) and a birth weight that is below 2 pounds and 10 ounces.

The complexity and the long process associated with filing SSI benefits for children often results to an application getting denied or the decision getting delayed. With the help of a highly-qualified Social Security lawyers, however, such as an Indiana social security attorney, for instance, preparation of necessary records, especially medical records, and mistakes in the application process may easily be avoided; in case the application is denied, then an appeal can easily be made.

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How To Make Car Insurance Affordable For You?

Posted by on Jun 25, 2016 in Insurance | 0 comments

For some people, car insurance can prove to be a financial burden. While insurance premiums are falling, motorists still consider car insurance as an expensive investment. But this should not stop you from finding an affordable car insurance deal. According to the website of Franklin, WI car accident lawyers, many car insurance plans are more affordable than you might think. Let us take a look at some of the ways you can cut down on your car insurance.

  1. Find an average car model. In general, the more expensive the car is, the higher insurance premium you can expect. If you cannot afford to pay for your insurance premium, consider an average model car.
  2. Add a second driver on the insurance. Adding another person on your insurance policy can greatly reduce the amount of your insurance premium. Regardless of the age, adding another driver on your policy can make a huge difference in decreasing your premium rate.
  3. Improve your credit score. Some insurance companies consider the credit score when calculating insurance premiums. Having a bad credit score can result to higher insurance premiums. There are many steps you can take to reduce your credit score and improve your chances of getting a good deal on your car insurance.
  4. Trim down your choices. There are many insurance providers that you can choose from in the market. However, you can make finding the best deal easy by narrowing the field to about three or four insurance companies. Go for the reputable ones who have been in the business for a long time already.
  5. Know your state limit. Most states have a fixed minimum for liability insurance coverage for bodily injury and property damage. The insurance provider will likely require you to carry a certain level of comprehensive and collision coverage.

Getting the best car insurance is not that hard. With a little bit of research, you may be able to find a deal that works best for your budget and need.

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Risks of late car insurance payments

Posted by on Feb 20, 2016 in Insurance | 0 comments

There are some situations that we tend to fail to settle our regular financial obligations. Individuals often find themselves in trouble when they fail to settle their financial obligations. Such situation can be more difficult when car insurances were not paid on time.

Insurance agencies make it easier for people to settle insurances on time by giving them various payment options. The options were made available for vehicle owners making insurance payments or for those renewing their existing policies. Though some car insurance companies give grace periods, it often come with additional fees. People who cannot pay their insurance in person may want to use their credit cards or make payments through telephone. Some insurance companies have apps and other online modes of payment options. According to the website of Ali Mokaram, when a policyholder fails to make insurance payments, he or she is risking of having his or her insurance policy cancelled. Insurance companies automatically terminate contracts of individuals who are often delinquent. Vehicle drivers whose insurance policies are cancelled automatically are considered by insurance companies as “high-risk drivers.” The state of Illinois by default requires vehicle owners to have insured and underinsured, and liability insurance coverage. It was required for vehicle owners and other people to have some coverage when involved in accidents. Car insurances were required to provide financial assistance to people who have been injured and have their properties damaged in accidents. Vehicle drivers who have their initial car insurance terminated are vulnerable to many traffic penalties when they decided to drive a vehicle.

Driving a vehicle without insurance is a serious offense in many states as it risks many people’s lives. Penalties like fines, suspension of driver’s license and registration, and SR-22 filing are often given to people driving uninsured. On the other hand, uninsured drivers may find themselves locked in jail when they got involved in accidents. Aside from avoiding additional fees and getting trouble with the law, paying car insurance premium on time ensure coverage for people on the road.

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What are the Penalties for Reckless Driving in Texas?

Posted by on Aug 28, 2015 in Car Accidents | 0 comments

Based on data gathered for the year 2013, the Texas Department of Transportation notes that one person becomes injured in a car accident every 2 hours. Similarly, they also found that one reportable car crash or collision happens every 71 seconds. Judging by these figures, it’s easy to conclude that traffic accidents remain a serious problem in roads and highways in Texas. Fortunately, this issue can be easily curbed through the strict implementation and proper implantation of policies promoting traffic safety.

One common problem that specifically needs to be addressed is reckless driving. The Texas Transportation Code defines it as a driver’s “willful or wanton disregard for the safety of persons or property.” Violations that fall under this definition are varied. Instances of reckless driving include going over the speed limit, ignoring stop signs or red lights, failing to signal or give way to pedestrians, and operating vehicles with faulty breaks. It is considered a misdemeanor and could result in a number of penalties.

The penalties for reckless driving will depend on specific circumstances. However, drivers charged with such violations are typically face fines that cost up to $200, spending up to 30 days in county jail, or a combination of both. While the punishment for a reckless driving charge is considered a lot less severe compared to other traffic violations such as driving while intoxicated (DWI), it should be noted that it could still have a significant effect on a person’s reputation and livelihood. As such, getting charged and convicted with reckless driving is not something that one should take lightly.

Policies and regulations for common traffic issues such as reckless driving are definitely essential to help curb the growing numbers of car accidents and injuries. However, it should be pointed out that broad definitions of the law could lead to arrests and charges that might not be completely founded and could be contested. Contact a criminal defense attorney for more information.

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