False Accusations of Domestic Violence

When the supporting evidence is insufficient False Accusations of Domestic Violenceto determine whether an accusation is true or
false, it is described as a false accusation or unsubstantiated claim. In this fast growing economy, domestic abuse is a major problem. However, there a system is in place to address the problem, despite the fact that the system is seriously flawed.

Most domestic violence lawyers have to face false allegations at one point or another. False accusations often affect custody agreements and are a common “tool” during divorce proceedings. There are three types of false accusations.

1. An allegation that is completely false in that the concerned events that were alleged did not occur.
2. The allegation of domestic violence is true, but the defendant is not the person who committed the crime.
3. The allegation is partially true and partially false.

Domestic violence is a crime of violence, stalking, battery, and assault or criminal harassment, perpetrated by a person against a household or family member. All of the States within the United States of America have their own individual laws governing how these types of accusations are punished.

False accusation of rape

A false accusation of rape is an accusation of rape in which no rape has occurred. Unsurprisingly, it’s not easy to access how often fake accusations occur as there are often conflicted non-prosecuted cases under unfounded designation. In the United States, 9% of rape accusations were regarded as false or unfounded according to the FBI Uni¬ criminal Report in 1996 and the Department of Justice.

False accusations of child sexual abuse

A false allegation of child sexual abuse is an accusation that a person claims one or more acts of child sexual abuse, but in reality, no such actions of abuse occurred. Such accusations can be brought by the victim himself or by the victim’s next of kin. According to a study of child abuse, the overall rate of false or fake accusation is under 10%.

Consequences of Domestic Abuse Claims

Allegations of domestic abuse can be of two types, 1st is civil and 2nd one is criminal consequences. In the civil context, an allegation of abuse can be in domestic abuse restraining orders, known as protective orders. They may also have a criminal context related to battery or assault.

The significance of a judicial finding that domestic abuse occurred can have a dramatic impact on a case. In the context of criminal cases, fines may be imposed and no orders entered that includes requiring the perpetrator to have no contact between parents or to vacate the family residence.

What should I do after a false claim?

If your relationship begins to turn sour, you’re scaling extreme hurdles, and your “loved one” begins to act in such a way that you believe that he/she will file fake domestic abuse charges against you, you should take some actions to try and protect yourself. Don’t just hope that they would never file a charge against you.

Notify your other family members about the reality of the issue before the false abuse charges are filed against you. Couples often share their important credentials with each other like back accounts, laptop login info, cell phones and anything else that contains their important information. All of these passwords must be changed.

Major Data Breach Lawsuits You Should Be Aware Of

Data BreachIn cybersecurity, data breaches are a security incident in which confidential, sensitive or protected data is stolen, transmitted, copied or used by an unauthorized person to make an illegal activity. Data breaches can consist of financial detail such as credit card details or bank accounts, Personally identifiable information (PII), personal health information (PHI) trade secrets of corporations or intellectual property. Most data breaches contain stolen and vulnerable unstructured forms of data – files, folders, and very sensitive details. A data breach is the unintentional releasing of sensitive information to an unauthorized environment. Other terms for this fact include releasing of unintentional detail, data leak and also data wastage. Incidents range from the intentional attacks by black hats hackers with the backing of planned crime or international governments to the disposal of 2nd hand computer equipment or data storage parts.

If your personal information or account details are stolen in a data breach, you may face blackmailing issues or debt collectors may find you to charge you for costs you are unaware of. Identity disclosure can make your credit rating go down and lead to a loss of employment. If an unauthorized person uses your identity during a criminal case, you may be arrested for their alleged crimes. Recovery of such data breaches  are often a time-consuming and expensive task.

Major incidents

        In 2014, black hat hackers stole sensitive information associated with Yahoo!, the database had at least 500 million user details. This news was a secret for 2 years then on September 22, 2016, this breach was disclosed by Yahoo. The data breach is the biggest discovered in the history of the cyber Internet. Most sensitive details of users taken include names, mobile numbers, security questions and answers, dates of birth, and the most important thing… passwords.

  • COMELEC website of the Philippines was illegally accessed in March 2016, by hacktivist group, “Anonymous Philippines”. A larger problem arose when a hackers group called LulsZec Pilipinas uploaded COMELEC’s complete database on famous social media site Facebook.
  • In October 2015, TalkTalk, the British telecommunications provider had their data breached when a group of young 15-year-old hackers stole details of around 4 million people. The stock price of the company fell immediately.
  • Ashley Madison, an adult website suffered a data breach when a black hacker group stole details of 37 million users in July 2015. The hackers promised to reveal names and specifics if Ashley Madison and a fellow site did not shut down their sites permanently.
  • AnthemAnthem suffered a data breach for 80 million users in February 2015, which included sensitive details such as names, email address SSN, DOB, and other details.
  • In June 2015, The U.S. government office of Personnel Management had their data breached in which the details of 4 million Govt employees of the United States of America were hacked and stolen.

Protect Yourself From Wrongful Termination Resulting From Sexual Harassment

Woman wrongfully terminated after being sexually harassed

Within most legal terms, sexual harassment is any unwelcome sexual advance or conduct on the job that creates an intimidating, generally hostile, or offensive functioning work environment. In a normal person’s life, workplace sexual harassment ranges from repeated highly offensive or otherwise belittling jokes to a workplace offensive containing inappropriate pornography (building a hostile functioning environment) to an outright sexual assault. Though sexual harassment most usually is the type in which guys are harassing ladies, it could take place towards anyone , gay and straight — in other words, sexual harassment is an equal opportunity offense throughout the nation.

Luckily, state and federal laws allow California wrongful termination lawyers to safeguard male and female workers from sexual harassment on the job — precisely the same protective laws that safeguard workers from various discriminations based on gender traits. federal level, Title VII of your Civil Rights Act forbids harassment. Moreover, most states have fair employment practices laws that prohibit sexual harassment, a lot of of them stricter than the federal law.

Should you become a victim that is sexually harassed at your work, you will discover several tools you can use to help protect your safety and your future.

Getting Your Harasser to Knock It Off

Initially, you’ll be able to try telling the harasser to quit. While this confrontation may very well be tough for you, it can be typically, in most cases, the most efficient way of stopping the harassment. You are additional most likely doing yourself justice when the harassment hasn’t gone beyond points like off-color jokes, inappropriate comments about your body parts, or tacky cartoons posted onto the refrigerator.

Clearly saying you desire the offensive behavior to cease is essential, mainly because it lets the harasser realize that the behavior is unwelcome (which it need to be as a way to meet the legal definition of sexual harassment). a critical vital step in case you later determine to take a lot more formal action against the harasser.

In the event the harasser ignores your oral requests to cease, or should you become uncomfortable interacting with the harasser face to face, a letter stating that the behavior offends you and ought to quit might be in order. Make sure you hold a copy.

In case you are concerned the individual is dangerous or are afraid that the harasser could possibly turn out to be much more hostile when confronted, complain to a supervisor rather.

Get your supervisor in on the act

If confronting the harasser with the harassment, it is best to escalate your complaint to the enterprise power position at your company. Your company’s employee handbook, personnel policies, or manual will help you determine who this person is. Is there a sexual harassment or complaint policy at your business? If that’s the case, stick to it. If not, ask your supervisor or an individual inside the human or personnel departments the way to make a sexual harassment complaint. In case you never get the assistance you will need to move forward, move up the chain of command to managers and executives, documenting along the way. (See further information for strategies on the way to document your actions.

Though it’s frequently hard to make a complaint at performance strategy meetings, you may well want to choose to skip this step, however you can never do so. The U.S. Supreme Court has mentioned that personnel who fail to work with their employer’s internal complaints departments to produce an opportunity for the organization to combat sexual harassment is vital, and to offer the firm a likelihood to cease it is important, if you want to hold the enterprise liable inside a lawsuit. This significance will probably give way and begin to shed in court, really should it come to that, in the event you never complain to your business initially you may get screwed.

Even though you file a business formal complaint, you need to send it to the organization on notice with the harassment. You are able to by generating a complaint for the human and correspondence department, telling your supervisor (or supervisors) in charge in regards to the issue, or informing a organization executive.

Document All of Your Claims

It can be extremely crucial to document what exactly is going on to you and by you, and what you happen to be performing to make an effort to quit it. Really should you ever be asked, you must prove your case to an enterprise investigator, a government agency, or maybe a jury.

Get started by collecting as significantly detailed evidence as you can concerning the harassment. Be sure you save any offensive letters, photographs, cards, or notes you acquired during your work. In the event you had been pushed to uncomfortable lengths mainly because of jokes, pin-ups, or cartoons posted at work functions, confiscate them — or at the least make copies. An anonymous, obnoxious photo or joke posted on a bulletin board is just not any person else’s individual house, so you might be free of charge to take it down and preserve it as is. If not probable, photograph the workplace walls. Note the dates the offensive material was posted — and no matter if there have been hostile negative reactions whenever you took it down or asked somebody else to perform so.

Also, maintain a detailed journal about incidents of harassment. Make sure the list consists of the names of absolutely everyone involved, what, and and when it took place if ever. If anybody else saw or heard the harassment, note that also. Be as particular and specific as you possibly can about what was stated and accomplished — and how it affected you, your overall health, or your job overall performance. Retain your journal and notes at property or inside a protected spot of performance.

Be sure you have copies of one’s efficiency evaluations as well as other significant personnel documents. Actually, you could wish to ask to get a copy of one’s complete personnel file prior to complaining about a harassing coworker. Your records is usually specifically persuasive employer retaliates against you for complaining — which can be also illegal. One example is, you will want a copy of one’s records if had optimistic efficiency evaluations you complain, then your employer tries to transfer, demote, or fire you, or claims your job functionality is poor.

Complain to All Government Agencies Ahead of Filing a Lawsuit

If complaining employer aid, the following step should be to either the federal agency that enforces Title VII — the U.S. Equal Employment Commission — or state fair employment . If investigation and settlement attempts fail to generate satisfactory outcomes, you are able to file a civil lawsuit for damages beneath either Title VII or your state fair employment practices statute.

It’s essential to file a complaint using the EEOC ahead of filing a federal lawsuit. Even when you intend correct to file a lawsuit, you occasionally need to initial file a claim using a government agency. One example is, an employee pursuing a claim below federal law will have to very first file a claim with all the Equal Employment Commission (EEOC), in addition to a comparable complaint is expected beneath state laws.

The EEOC or state agency may perhaps make a decision to prosecute your case behalf, but that occurs seldom. Much more typically, , the agency will situation you a document a “right-to-sue” letter, which permits you to take your case to court along with your lawyer.

Note, nevertheless, that you can find time limits for filing claims with government agencies and for filing a lawsuit, so make certain you do not miss them.

California drug charges that can result in prison time

prison timeFacing drug charges in California is serious business. You can end up with prison time for a lot of drug crimes. The two basic drug crimes there are consist of possession and possession with the intent to sell. California law carries high penalties, and tends to sentence prison time to many cases, despite overcrowding in the prisons. Prosecutors go after drug crimes with zealous. That is why it is so important for you to hire a great criminal defense attorney. Your freedom hangs in the balance, and you want to be sure to minimize the penalty you get to keep you out, or get you out of jail quicker.

There are many situations in which you may get caught with illegal drugs. Maybe they were not yours. Maybe you were in the wrong place at the wrong time. Maybe you repent your ways and are ready to reform. The law looks to reform, and with the help of a good lawyer, you can show this to a judge or jury to help minimize your sentencing.

Drug possession law

The state divides up listed illegal drugs into Schedules, which help set out the penalties for possession. Here is a quick synopsis of the schedules. As a reminder, speak to a lawyer about your case, because although very similar, different states schedule some drugs differently.

LawsSchedule I are the most dangerous drugs. They have no legitimate medical uses. These are drugs that are always illegal, such as LSD and heroin.

Schedule II drugs may have some legitimate medical uses, like opium, cocaine, and methadone.

Schedule III substances are slightly less dangerous, but there is some risk of abuse. Anabolic steroids and testosterone fit into this.

Schedule IV drugs have very acceptable medical uses with some risk of dependency, like tranquilizers and sedatives. Prescription drugs generally fall under this category.

Schedule V drugs are those like Tylenol laced with codeine, and have low risk of dependency.

The lower number schedule drugs you get caught with, the higher your chances are at prison time.

Possession vs. Possession with the intent to sell

In California, you must have drugs under your control. There is a wide range of situations that this can fall under, such as in your pocket. The thing many do not understand is that the drugs do not have to be on your person to be within your control. They can be in a drawer in your room, or the glove box of your car, and they will still be considered to be under your control.

Possession with the intent to sell offenses (https://drugcrime-law.com/sales) carries higher penalties, as it is a more severe crime. For your situation to rise to that level, it will depend on the amount of drugs under your control, and the situation surrounding the time of apprehension.

Marijuana – the new exception

Marijuana leaf on a white background
Marijuana leaf on a white background

Until recently, possession of marijuana was considered a felony. Now it is considered a misdemeanor, and therefore does not carry prison time. If you have less than one ounce, you are likely to be fined one hundred dollars with a ticket. More than one ounce is a misdemeanor charge with a potential of six months in prison, with a five hundred dollar fine.

However, if charged with the distribution of marijuana, this can bring you two to four years in prison, as this is a more serious offense. Growing marijuana carries a felony charge with sixteen to twenty six months in prison. But with the right defense attorney, you may be able to avoid some jail time, depending on the circumstances of your case.

Other drug possession

Any other drug on the schedule list is considered a felony. This brings a higher risk of prison time. If found in possession of drugs such as:

– Heroin

– Cocaine

– Ecstasy

– Meth

– Prescription drugs not being used for medical purposes

California law does not prescribe sentencing guidelines to judges. Therefore, the judge can determine how much prison time you will get for your crime. Many things can play into this decision. Contact a good criminal defense attorney to make sure you are defended to the highest extent.

What to do if You’re Served with Legal Papers

legal papersIf you have been named as the defendant in a legal case and received a summons, the first thing to do is read the document fully. You need to understand what it is about and what is expected of you. Do not ignore a summons. Even if you do not agree with the premises of it, you may be subjected to legal consequences if you ignore it.

There are a number of different ways legal papers might find their ways to your door.

  •  Hand delivery by a Sheriff or legal process worker.
  •  Delivered to someone at your home at your place of work.
  •  Attaching to the front door of your home.
  •  Via mail. This is the most common method of delivery.

The only legal requirement of the deliverance of court papers is that the expectation the intended recipient will receive them is reasonable.

It’s important to know that if you are implicated in a court proceeding, and the court does not have a record of your home address and no one involved is able (or willing) to provide it, the proceedings may go forward without you- and you may not like the result. If you have any reason to think you may become part of a legal proceeding, it would be wise to proactively go to the courthouse and have them put your home address on file.

If you intend to claim that you no longer live at the address where the plaintiff claims you live, you should be prepared to show proof of your new address such as a utility bill or lease agreement.

Should you choose to ignore the summons, a default judgment can be entered against you. This is usually bad and can sit in the court’s records for years until you eventually find out the hard way.

Do not try to avoid the summons by not accepting a certified package. There is a chance the court will not receive the returned package and will go ahead with the case as if you have received the papers under the assumption that you have chosen to ignore them. Judges tend to get fussy about that kind of thing. Chances are that a default judgment will be entered against you.

How to read a summons

In a lawsuit the documents used are called Pleadings. All lawsuits begin with a set of two pleadings: a Summons and a Complaint.

– The summons is the notice we discussed above. It is the court’s way of letting you know you’re expected to show up in your Sunday best at the specified time to defend yourself. You may sometimes be directed to respond in writing. Your response to the complaint is called an Answer. You must either file it with the court at a certain date or present it in person at a trial.

– The Complaint is a statement made by the plaintiff explaining why they are suing you.

The Settlement

After you receive your summons, you have the option to contact the plaintiff (assuming a restraining order is not involved), and attempt to settle the problem out of court. Be sure to make a record of everything that happens from the moment you receive your summons, to the time things are meant to be resolved. Write down everything that’s been agreed to, who gets what and for how long.