Criminal Records Primer

I wanted to give you guys a short primer on how our court system works as far as criminal records are concerned. Below is a generalization of all records across the United States, but of course there are exceptions. As always if you have any questions or comments please feel free to email me.

County Court Houses: Most of the time across all states the county court houses store records and hold trials for felonies. When we search for felony records these are the court houses we go to. For instance if someone were to hire an employee and we wanted to check for felony records and we knew the subject lived in Cleveland we would search the Cuyahoga County Court because Cleveland is located in Cuyahoga County. The same goes for any city located within Cuyahoga County. Now let's say our subject lived in a city that was located in Lorain County we would then check Lorain County Court House for felony records.

City or Municipal Courts: For the most part these are smaller courts and handle misdemeanor trials and records. For instance if a subject committed a misdemeanor offence in Berea, Ohio they would most likely go to Berea Municipal Court. The trial and records would be held there. Same thing goes for just about anywhere in the country.

Federal Courts: Federal records are kept at the United States Federal District Courts. Each state has multiple federal district courts. Federal courts handle federal crimes such as interstate crime, bank robbery, mail fraud, etc. If we were looking for records on a subject that lived in Cleveland we would check the Northern Ohio Federal District Court. If they lived in Cincinnati we would check the Southern Ohio Federal District Court.

Statewide Criminal Records: Here is where it can get complicated. Most states have what are called criminal record repositories. As in our previous examples Ohio's repository is kept by BCI or bureau of criminal identification. Most states have something similar and are usually run by the state police or by the state's attorney generals office. The problem lies in the fact that the court houses and police agencies are supposed to send there records to these state repositories. Many of these agencies just don't have the manpower or money to keep up with sending the records in and it can cause big gaps in the state databases. The state databases are notoriously inaccurate and out of date.

NCIC or FBI Records: These records are maintained by the U.S. Department of Justice and are supposed to be the most comprehensive available. Unfortunately the problems that plague the state record repositories also happen to the NCIC database. The records are outdated, inaccurate and many times just plain missing. If you were able to get a NCIC record check, be careful as it is most likely inaccurate. You would be better off checking county and city court records.

Monster in Law

Monster in Law marks Jane Fonda's return to the big screen after a fifteen year absence and Jennifer Lopez's return to film after the Bennifer debacle. Monster in Law tells the story of Viola (Fonda) a Barbara Walters-esque reporter who loses her job to a young, blonde skinny Minnie who she thought was there to fetch her coffee. Upon learning this news she has an on air breakdown and after some time in a psyche hospital she leaves only to learn that her only child Kevin (Michael Vartan) is going to marry some girl (Lopez) that she has never met. At this point hijinks ensue (think Meet the Parents with the women at each other's throats instead of the men) and an all out war erupts between Fonda and Lopez with Vartan's character remaining completely clueless. I was under the impression this was supposed to be a comedy, except someone forgot to tell Anya Kochoff that when writing a comedy script the jokes should occur throughout the entire movie not just the last half hour or instead of a comedy you end up with a bumbling mess that makes you cringe instead of laugh and leaves you wondering how Klute's Bree Daniel and yes, how even the Wedding Planner chose this as their comeback film.

In Jane's defense she did the best she could with the script she had. It is hard to make Lemonade with rotten lemons, and that is just what this script is...rotten. The jokes were played out and unfunny and even the usually funny Wanda Sykes couldn't save this stinker. Also, Fonda just isn't suited to physical comedy. She tried: there were all the requisite falls, slaps and over exaggerated reactions but none of it played well. When I was supposed to be laughing I shuddered thinking, "Wow, could this possible get any worse?" Fonda's role would have been more suited to a Streisand, a Midler or a Streep, they would have that aging, vindictive diva role down and might have been able to save the film, I stress the might.

Fonda wasn't the only one cast badly. Jennifer Lopez as the sweet, innocent, underachieving, slightly dimwitted and very naïve Charlie was about as believable as Ben Affleck saying "I do." The scene where she was gushing about the importance of marriage and how her marriage to Greg was going to be the most important day of her life was one of the few funny moments in the movie, even though it wasn't scripted to be so. You just can't sell Lopez as the gushing, sweet, anti-diva Charlie. It's just not possible. Let's face it, we've seen too many marriages, too many divorces, heck too many engagement rings and this is the same woman who purportedly had an all white clause in her rider and if it wasn't fulfilled all hell broke loose...sweet and innocent, I think not.

And poor Michael Vartan. I guess he was just happy to have a starring role in a movie so it didn't matter to him that he was little more then a glorified prop, a well dressed extra, a poor excuse to propel this sorry excuse for a plot along for the 102 minutes it bumbled across the screen. Vartan had very few lines, those he had were just plain bad and he then was unceremoniously dismissed for two-thirds of the movie just so Fonda and Lopez could go at each other without him being present. The movie could have really gone on without him. As it was it was quite easy to forget that he existed or that he was even the reason why of all the shenanigans in the movie were happening to begin with.

Believe it or not Monster in Law wasn't all bad. About two thirds in something amazing happened: thanks to a doctor who was really a waiter, a bowl of gravy and a really bad allergic reaction to nuts I had my first real laugh of the movie. Also, watching Fonda squirm as her mother in law played by Elaine Stritch, shows up was priceless. Those scenes were the best acted and best scripted scenes of the entire film. They almost made the movie worth watching.

All in all stay away. Monster in Law isn't worth your time or money. Seeing Jane Fonda back on the big screen was nice but I really wish she would have chosen a better vehicle to make her long awaited comeback.

The Effects of Driving While Under the Influence of Drugs

Using drugs such as prescriptions or marijuana can lead to DUID charges or arrest for driving under the influence of drugs. You cannot assume that it is acceptable to drive after taking a medicine prescribed by your doctor; you could still be charged and arrested for driving under the influence of drugs. Some prescription medicines may inhibit your ability to safely drive a vehicle even though they were prescribed by your doctor or are an over-the-counter medication for that matter.

Many times people get arrested for driving under the influence of drugs because they have used marijuana or taken a prescription drug, and the officer stopped them for suspicion of DUI. The amounts of drugs you are allowed to have in your system and still drive vary from state to state. Some states, like Michigan, have zero tolerance and will arrest you if they can measure any amount of drugs known to affect motor functions in your system.

If a driver is exhibiting signs of being under the influence such as driving erratically and an officer sees this, the officer will pull you over on suspicion of DUI. Many police departments have what are known as Drug Recognition Experts (DRE), these experts have special experience dealing with drugs, and will be called by dispatch if a driver is suspected of being under the influence of drugs.

The Drug Recognition Expert will perform some preliminary tests and if they believe a person is really under the influence of drugs then they will require them to take a blood or urine test to see what their drug levels are. Prescription drugs, marijuana, ecstasy, cocaine, and meth can all slow down your motor functions, and they will show up on a blood test.

Generally, if a driver is suspected to be under the influence of drugs they will be asked to submit to a PBT or preliminary breath test to see if they have been drinking alcohol before they will have to take a urine or blood test. Many people assume if they pass the PBT with a BAC of less than.05% they will not be arrested at all because they are not getting a DUI, but you still could get a DUID.

In a growing number of states when an individual is suspected of being under the influence of drugs, the accused is not given a choice of which type of test they wish to take. A person suspected of being under the influence of drugs will be required to submit to either a blood or urine test. If the request is made for you to submit to a urine test you are more likely to fail because drugs leave the human body at a much slower than alcohol does.

If you get pulled over on suspicion of DUI on a Friday and get asked to take a urine test you could fail even if you consumed marijuana on Monday because it stays in your system for up to 30 days.

Some states, such as Colorado, also have charges called DWAI for when your BAC is between.05% and the legal limit of.08%. It is important to be aware of the limits for your particular state, and the fact that the legal limits may be changed at any time.

Over-the-counter drugs, prescription drugs, alcohol, cocaine, or meth can inhibit your mental and physical abilities to drive. These people are a potential threat to themselves, their passengers, and any pedestrians or motorists in their surrounding area.

Although the specific laws and levels vary by state, all states do have some type of law against driving under the influence of drugs. An example of one of these laws is the California motor vehicle code section 23152(a) which says that it is illegal for anyone who has been using drugs, alcohol, or any combination of drugs and alcohol to operate a motor vehicle in the state of California.

Juvenile DUI Convictions Carry Harsh Punishment

There has been a trend in recent years that shows many DUI arrests are the result of underage drinking and driving. More and more teenage children are deciding to drink alcohol before they climb into their motor vehicle. Alcohol and driving can be a fatal mixture that can lead to a great deal of harm being done either to the person driving the car or an innocent human being driving another car. There is a zero tolerance policy for anyone under the age of 21 who is found to be intoxicated when they are behind the steering wheel, and the laws are being enforced more vehemently now than ever before.

In 2007, the National Highway Traffic Safety Administration conducted a study in which it was shown that 28 percent of all juvenile crashes in the United States were a direct result of the teenager being intoxicated. Of that number, 64 percent were found to not be wearing their safety belt. Once you begin to drink, your inhibitions quickly begin to dissolve, which means that you are not at the right mental capacity to make decisions as they relate to operating a motor vehicle. The NHTSA also found that 40 percent of all fatalities that were related to alcohol could be traced back to juvenile drinking and driving. The new found thrill of having a driver's license and being able to go wherever you want is sometimes taken for granted by some teenagers, which can result in poor decisions like driving under the influence.

Another interesting element to this story is the fact that peer pressure amongst juveniles is usually higher and plays a bigger role in the actions of any teenager. When kids drink with their friends, elevated levels of peer pressure can formulate into daring a person to drive a vehicle. This can only lead to a great deal of destruction that, ultimately, will mean either jail time or a probationary period for the teen. Either way, most states do not remove DUI arrests from your record at any time, so the DUI that you got when you were 16 could still come back to haunt you when you are 45.

If your child has found themselves in one of those awkward situations where they are being tried for a DUI arrest, you will undoubtedly need the professional advice of a good criminal attorney who will help you through the entire process. Prosecuting attorneys are usually not very lenient when it comes to driving under the influence cases whether you are an adult or a child. In order to have your rights fully represented in the matter, you will want to hire a criminal lawyer who has a great deal of experience with these types of cases, as they can usually be difficult to try from the defense's standpoint.

DUI attorneys do a fantastic job at making sure that all of your personal rights are adhered to while getting you a fair trial in the courtroom. A good criminal lawyer will diligently help you prepare a case to argue and support your child throughout the entire process. It is important that you only hire reputable a reputable, well-established criminal attorney, as there are many intricacies that are involved with this type of case. Juvenile DUI is a serious matter, and it should be handled in a professional way by a competent DUI attorney.

Who Needs a Criminal Attorney? Often, White Collar Professionals

In a recent interview a Fort Lauderdale criminal lawyer, a West Palm Beach criminal lawyer, and a Miami Criminal lawyer spoke about the types of clients they regularly represent. Many people were surprised to find out that the majority of their clients were not malicious types of criminals but those who have been accused of white collar crimes in business and especially in the stock market. Businessmen and women who are accused of getting caught with their hands in the cookie jars; those were the largest majority of clients these attorneys see.

The Fort Lauderdale attorney stated that the majority of clients that come into his office for representation are bankers and executives who are dealing with being accused of embezzlement and or fraud. These are called white collar crimes and often carry a very high prison sentence. Criminal attorneys in these cases work very hard to get their clients shorter prison terms or even no prison terms. Clients pay the criminal attorney well to represent them and help them get their lives back.

The West Palm Beach criminal attorney stated that the majority of clients he represents are facing accusations of fraud in the real estate business. Again, white collar crime that the criminally accused has not physically hurt anybody but often time's innocent people who have lost substantial savings by the hands of fraud. The criminal attorneys are hired to represent the accused in hopes of a shorter prison term and smaller financial fines.

The Miami Criminal attorney stated that he represents clients who are accused of crimes concerning stock market dealings. These types of white collar crimes are rather common and tend to substantiate a good portion of his practice. This attorney also stated that he has represented quite a few politicians or members in government who have been accused of a variety of white collar crimes and seek the representation of counsel.

The fact is crimes such as murder, rape, carjacking, and drug related crimes are generally committed by individuals who cannot afford the services of a criminal attorney in private practice. Those cases are usually represented by public attorneys that are assigned the cases by the court. The exception is, however, high profile cases by celebrities who get caught up in criminal behavior and thus need the services of a good criminal lawyer.

Criminal attorneys are often stereotyped in a negative perception. However they have a job to do and as the law of this country states, everybody is entitled to fair legal representation. Somebody has to speak for those accused of these crimes and that is what the criminal attorney is in practice for. They are highly skilled litigators who understand the law very well and know how to present the facts of the law so that a jury can understand it. It is important that a good criminal attorney understands how people think as they can use that understanding to make the facts of a case work better for their clients.

Apartments in Houston Where You Can Rent With a Broken Lease, Bad Credit And-Or a Criminal Record

Many apartments in Houston conduct criminal background checks and credit checks before approving prospective tenants. In the past, this practice was rare and even unheard of but this has changed due to first and foremost, security concerns. While in the past tenants could be easily approved after providing proof of income, today most apartments in Houston insist on credit checks and criminal background checks. This means that proof of income alone may not be able to secure one a decent place to rent in and within the Houston area. Is there a way to be approved for an apartments in Houston even with bad credit or a criminal record?

Renting in Sugarland, Missouri City, Clear Lake, Katy with bad credit or a felony

Many apartments in Houston will require a rental history check, background check and even a credit check. But there are apartments in some areas that will be willing to overlook these issues. One can find these apartments in:

Sugarland
Alief
Mission Bend
Clear Lake
Katy
Downtown Houston
The Heights
Texas City
Stafford
Pasadena
Greenspoint
Westchase
Before applying for an apartment in Houston, it is important to know why they conduct credit checks and/or criminal background checks on applicants. The first reason is so as to be fair to their prospective tenants and avoid being deemed discriminatory. Another reason is off course safety. Apartment complexes in Houston want to minimize crime and police activity within their grounds as much as possible because this causes existing tenants to decline to renew their leases.

Ways of being approved if you have a broken lease or bad credit in Houston

There are many people who are looking to rent apartments in Houston. But renting with bad credit or a criminal record can be a bittersweet experience. There are a few ways you can undertake in order to be approve in Houston. One of them is knowing your credit score.

Know where to rent

Knowing your credit score before the apartment does is wise. This is because in Houston if you have a tarnished credit rating, you may be denied an apartment. Knowing your score therefore becomes one of the most important initial steps to take in order to be approved. Knowing what is contained in your credit allows you to fix whatever issues that need to be fixed in order to raise your score.

know the locations

There are some apartments in Houston which will still approve despite of bad credit and/or a felony. One of the challanges is actually finding where these apartments are located. Since they rarely advertise, the applicant is left groping in the dark as to which approve and which ones don't. One place to search is badcreditapartments.net. Another can be Craigslist.

Are you looking for ways to be approved for an apartment in Houston with bad credit and/ or a criminal record (felony or misdemeanor)?

Helping the Innocent to Be Freed

Just because you have been arrested does not mean that you are guilty. Each day people are wrongfully incarcerated for crimes that they did not commit. While the justice system in America guarantees the right to a fair trial to prove a persons guilt or innocence there is little to prevent the innocently accused from being arrested while they await trial to prove their innocence. In some cases even the innocent are proven guilty and spend time locked up in prison for crimes that they did not commit.

In a recent story out of Texas it was reported that many convicted felons that have spent years in prison because they were convicted of crimes that they did not commit are being released as DNA evidence that was not available at the time of their trial is now proving the innocence of some of the inmates of the prison system in that state. While the circumstantial evidence was enough to gain a conviction the criminal defense attorneys that handled many of the cases were unable to help their clients. By hiring a practiced and knowledgeable attorney that had a vast understanding of the law perhaps those innocent men and women would not have gone to jail in the first place.

The real difference for those that are convicted and those that are not is the criminal defense lawyer that represents the accused in a court of law. At the heart of the country where democracy and freedom are hailed as the rights of all people in America, Philadelphia criminal defense lawyers are hard at work protecting the innocent and using their vast knowledge of the law to acquit those that are wrongfully charged with crimes that they did not commit.

Criminal Trials - What Level of Proof Does the Prosecution Have to Provide?

In a criminal trial, the government must prove the elements of the crime the defendant is accused of beyond a reasonable doubt. So, what exactly does this mean?

Everyone has heard of proof beyond a reasonable doubt. We see it brought up in television shows like Law & Order, CSI and, well, pick your favorite crime drama. We also see it in real life situations like the OJ Simpson murder case. What is rarely explained, however, is what the phrase actually means and what must be shown.

The first thing to understand is what beyond reasonable doubt does not mean. It does not mean proving by a 51 percent to 49 percent majority. Much more is required, although the evidence provided by the prosecution does not have to be absolute. Instead, the government must provide sufficient evidence that a reasonable person would not reasonably doubt that the defendant did each element of the crime.

Admittedly, this is still a fairly vague standard. Many legal experts argue that this why we sometimes see such bizarre findings from juries. They simply are not comfortable with the standard. One juror may think it means one thing while another juror may think it means more or less than the first juror.

The OJ Simpson case presents a great example. The defendant lawyers and prosecutors presented piles of evidence in favour of their sides. They then presented all types of experts and such to argue against the evidence applied by the opposing party. How was the jury supposed to figure out "beyond a reasonable doubt" given the mass of information? Well, the defense didn't really present much of a plausible case, but then the prosecution made a huge mistake.

In law school, they teach you never to ask a witness a question you do not know the answer to. In the Simpson case, the prosecution just assumed the gloves would fit Simpson. As we all know, they didn't. The PROSECUTION presented the jury with a simple to see and understand piece of critical evidence that raised reasonable doubt. If the glove doesn't fit, you must acquit. Simple put, the best evidence that the burden of proof had not been met was provided by the prosecution. A monumental gaff that will be talked about in the legal profession for years!

The Basics of Social Security Survivor Benefits

It is indeed a devastating incident when a once happy family has suddenly lost a breadwinner. This unfortunate incident brings tremendous amount of pain and suffering, both financially and emotionally, to all its members. Hence, the Federal Government, under the supervision of the Social Security Administration, has initiated the survivor benefits program to provide financial aid for these troubled families. Through the years, this program of the SSA has been the main source of income for those surviving spouses, children and parents of the workers who have died if they have met the criteria set by the federal agency. The SSA records will show that 98% of the qualified employees' children can be eligible for these benefits.

How can a worker be covered by this insurance?

Most of the employers automatically deduct social security taxes from the monthly wages of their employees. This enables the workers to earn credits for the said program. The employees should complete 40 credits or equivalent to 10 working years to be eligible. However, their children, spouses and parents may still acquire benefits in case the employees die after earning six work credits.

Who can acquire survivor benefits?

The employee's widow or widower and ex-spouses who have been married with the departed for at least 10 years
age 65 if born before 1940

age 60 if born in 1940 or later

age 50 and above if 'disabled'

at any age if taking care of a child younger than 16 or 'disabled'

The employee's unmarried children
below the age of 18

age 19 or below if still a full time elementary or high school student

at any age if 'disabled' before the reaching 22 years

in some special instances, the stepchildren, grandchildren or adopted children

The employee's dependent parents
age 62 or above

The amount of benefits

Basically, the cost of benefits that the claimants can get depends on the average lifetime earnings of the departed. This would mean that if the departed earned more, the tendency is, the claimants would be getting larger compensations. To be able to determine these amounts you may check the SSA's website at http://www.ssa.gov or consult a professional social security attorney.

Applying for the survivors benefits

The application for this type of social security benefit should be done immediately. This is because there are times that the benefits are paid starting the date of application and not prior to the date of the employee's death.

The claimants should bring the following original or certified copies of these documents and other information:

Funeral or death certificate

The claimant's social security number as well as the departed employee's

The petitioner' birth certificate

Marriage contract

Divorce papers

The departed employee's most recent federal self-employment tax return or W-2 forms

The bank account number where the money will be deposited

The right for a representative

Since most of the eligible beneficiaries do not have the capability or time in pursuing their petitions, they are given the option to obtain their own representative. Preferably, representatives may be licensed social security attorneys who are very much adept about the SSA's rules and requirements on filing a survivor benefits claim.

Tetsuro Shimaguchi and the Kengishu Kamui Sword Fighting Specialists

The Kengishu Kamui was originally founded in 1998. The Kamui uses their Martial Arts and Broadcasting Skills to create their very own world. However they don't just make Martial Arts films. In fact, they work with other cultures, art and music buffs using originality to break ground in film creation. So far they have made lots of waves in Los Angeles, Chicago and Las Vegas. If you ever watched the movie Kill Bill, you'll be able to see Kamui's Sword Actions come to light.

In fact, Kamui is now the top Japanese Sword Art organization in the country of Japan. Tetsuro Shimaguchi was born in 1970 and is currently the leader of the Kamui. Tetsuro Shimaguchi specialized in learning movie and performance techniques at the Nihon University Art College. Besides just doing acting for a living, he is also a Japanese Sword Master in the cinema. If you've ever seen the very popular Snow Gardens Fight which is part of Kill Bill II, then you've seen his work. He also starred as Crazy 88 or Miki.

Not only is Tetsuro Shimaguchi a Japanese Sword Master, he is also a Certified Top Notch Japanese Dancer of Nanaougi-Ryu, which is a popular Oriental Dance form. If this wasn't enough, he also specializes in Nitou which is the art of using two swords, one in each hand. Hiroaki Kawaguchi is the member who started Kamui. You will also see him often appear on stage and train newcomers. He specializes in Ittou and also studied at Nikon Art College. He was born in 1967.

Their mission is to do everything they can to keep Japanese Swordsmanship alive and well in these modern days. With so many distractions, many people have their minds on lots of other things. They first performed in Santa Monica, CA. Then a bit later performed again in Las Vegas, NV. at the Status Fair Tower Hotel. They really enjoy the recognition they have received overseas. In April 1st of 2005, they once again demonstrated their amazing talent at the International House in Philadelphia.

Child Support in Los Angeles

In 1999, over $14 billion was owed to California's children. 35% of single parent families had income below the poverty line. Statistics show that payment of child support reduces poverty and corresponds to greater involvement by the non-custodial parent in the children's lives.

Do I have to pay child support?

Child Support must be paid by a non-custodial parent until the child marries, dies, is emancipated, turns 18 and is not a full time high school student, or turns 19 if they are a full time high school student, whichever occurs first. An adult child who is disabled and unable to earn a living has an ongoing right to support.

How much child support should I pay or receive?

In California, the courts use a complex mathematical formula to calculate child support that is based on a number of factors such as the gross income of each parent, the percentage of time each parent spends with each child, available tax deductions, child care costs, tax status of each parent and so on. This amount is often referred to as the "guideline" child support amount. Because of the complexity of calculating the "guideline" amount, the Court uses a software program called "Dissomaster." Most attorneys use this program and will be able to perform child support calculations. The Dissomaster software can be found at http://www.cflr.com. Any child support order must specify the amount of child support and when it is to be paid. Couples often agree to monthly payments in two installments to coincide with the payor's bi-weekly receipt of wages.

Do the courts ever deviate from the standard formula for child support?

The Court may depart from the "guideline" amount in a number of situations set forth in Family Code section 4057 (b). For example, the parent ordered to pay child support may have extraordinary high income and the guideline amount would exceed the needs of the children. Another example would be where the children have special medical or other needs that require an amount greater than the guideline.

Can I get my spouse to pay extra for child care and training expenses?

There are a number of additional expenses that the non-custodial parent may be required to pay in full or in part. Mandatory add-ons that the Court is required to order include child care costs related to a parent's employment or training or education for employment and the reasonable uninsured health care costs for the children. Discretionary add-ons include costs related to educational or other special needs of the children and travel expenses for visitation. Generally, the Court will allocate add-ons equally between the parties. However, if the paying parent can prove that this would be unfair, Family Code section 4061(b) provides a procedure for the Court to allocate the payment of add-ons according to the net spendable income of each party. This most often comes into play where one party is also paying spousal support.

Who pays for health insurance for the kids?

Family Code section 3751 requires the Court, when making a child support order, to order either or both parents to maintain health insurance for the minor children if it is available at no cost or at a reasonable cost.

How do I get child support order?

Once a petition in a dissolution (divorce) has been filed a parent may request that the Court order temporary child support for children born during the marriage. Where the parents are not married, before the Court can order support, paternity must be established. Since January 1, 1995, all hospitals have been required to provide unmarried parents with the opportunity to voluntarily acknowledge paternity by signing a Voluntary Declaration of Paternity. If this is signed and not rescinded within 60 days it has the same effect as a paternity judgment and can provide the basis for custody, visitation or support. Even if it has not been challenged a motion for genetic testing may still be brought within two years of the child's birth challenging the Voluntary Declaration of Paternity.

Once I've gotten a child support order how do I enforce it?

In California, every time the Court makes a child support Order it must issue a Wage Assignment Order that directs the payor's employer to deduct the amount of child support from wages and pay it directly to the payee parent. The wage assignment can be stayed by written agreement of the parties.

Can I get help from the County to collect child support?

Parents can retain a private attorney to establish and collect support or employ the services of the Department of Child Support Services (DCSS). Unfortunately, Los Angeles County has one of the poorest child collection records in the state and fares poorly when compared to national statistics.

What other action can I take to collect child support?

If you are owed child support arrears you may request that Court hold the payor parent in contempt. If you can prove that non-payment was knowing and willful, the payor parent can be fined and even jailed.

If you are owed child support arrears you may bring an Order To Show Cause requesting that the Court determine the amount of arrearages. You can also petition the Court for a Writ of Execution which can be used against bank accounts.

Family Code section 4600 also allows the Court to order the payor parent to deposit up to one year's child support payments in an interest bearing account as security. This can be used if there's been a problem receiving child support in the past or if the payor is self employed.

Can I modify a child support order if circumstances change?

If you already have a judgment in your case you can find out if the payor's income has changed by having them served with a Request for Production of an Income and Expense Declaration After Judgment (form FL-396) on the other parent, along with an Income and Expense Declaration (form FL-150) which are available from http://www.courtinfo.ca.gov/forms/

What are the tax consequences of paying or receiving child support?

Child support is not taxable income to the parent who receives it and it cannot be deducted by the parent who pays it.

Warren R Shiell at http://www.la-familylaw.com

© 2006 Warren R. Shiell. All rights reserved.

If Your Landlord is in Foreclosure, Do You Still Need to Pay Rent?

Finding out that you are renting a house that is facing foreclosure can be deeply worrisome. And the worst part is that there are so many questions that you may never receive a response to from your landlord and have to begin researching on your own.

How far along is the process? Has the house already been sold at sheriff sale? Who is the current owner of the property? Which bank is the foreclosing lender? Can you get more time to move out? Or has the landlord been working on a solution?

But the most common question that tenants seem to have when they discover their apartment or rental house is in foreclosure is if they still have to pay rent or not. Of course, this is a serious question, but it is more important to know who should be paid, rather than if a payment should me made at all.

The short answer is that you are still required to pay rent since you are still living in the property and using the space you are leasing from the current owners. You have a contractual obligation to pay rent in exchange for the living space, and foreclosure does not change that until ownership is transferred through a public property auction.

If you are concerned about the foreclosure, then you have two options, both of which you should work on. First you can either move out as soon as possible to avoid potentially being evicted later on, or, second, you should talk to the landlord about what he is doing about the situation and any possible solutions to foreclosure.

Some landlords are able to stop the foreclosure process before the house is auctioned off, and then you would just be behind on rent if you stopped paying now and they saved the home. You would probably end up losing your deposit in that case, since nonpayment is one reason you had to put down the deposit in the first place, and you may open yourself up to lawsuits for back rent payments.

You can also move out of the house claiming constructive eviction, which means the conditions made it so unlivable that there was no other choice than to break the lease and leave. If the owner does not give you your deposit back, you can try to sue for it later on. You would just have to convince the small claims court that a pending foreclosure was a reason to move out prematurely.

A final aspect of the process to be aware of is after the sheriff sale, the bank may become the owner of the property and rent payments will need to be made either to a trustee or the lender's attorneys. Most often, banks will attempt to evict anyone still living in the house after the auction, but if there is a chance to continue renting, it may be best to consider the circumstances.

But you do not just want to stop paying rent unless you have the correct information about the foreclosure proceedings, what the owner is doing about it, or a game plan for moving out and claiming constructive eviction. Otherwise, refusing to pay rent because of a pending foreclosure may have negative unintended consequences, depending on how the rest of the legal process plays out.

Public Criminal Record

Finding a public criminal record can be harder than it seems.  In this article I'm going to show you some ways that you can find them more easily.  I'm also glad to be covering what they are, are reasons why a person might want to search with them.

First of all, what is criminal record? A criminal record as a record of all the criminal convictions that a person has been successfully tried for.  In other words, times and they had gone to court and been found guilty of criminal offenses.  It does not include times they had been arrested on suspicion of committing a crime, as a person is innocent until proven guilty.

So what would you be interested in searching for public criminal records?  Well, the most frequent reason that person would search these records is to protect their family.  If you have a child or family member who has new friend or associate that you are unsure of, you can do a search with the public records to see if they have committed any crimes in the past. 

Additionally, these records are often used by employers when vetting new potential employees to see if they have committed fraud or other crimes in the past that would affect their status as an employee for that company.

Searching the public criminal records is not as easy as you would think because they are stored in many different places.  For instance, there will be a record of the crime stored in the courthouse where they were tried, and often these records are sent to a main repository for the whole state.  In addition, sometimes the local police forces publish this information for the public to see.

With each state, county and even town following its own policy in these matters, it can take a lot of time to track down the information you need, especially as the person in question may have committed a crime in a completely different part of the country. 

What is really needed to make it easy to find the information you want in the public criminal record is a website which allows you to search through the entire mass of data in a simple manner. Just like a search engine like Google or Yahoo.  This is what is provided by new generation of courthouse and government records search sites.

Click on the link below to see which I recommend most of all for you.

Los Angeles Malpractice Attorneys

Given the fact that Los Angeles is home to a large number of cosmetic surgeons and clinics that offer cosmetic surgery, the chances of people gaining access to some of the best cosmetic surgeons in Los Angeles are raised. This is because given the Hollywood profile of Los Angeles, being a successful cosmetic surgeon in Los Angeles can be one of the best ways to gain prestige in the field. However, this does not mean that all cosmetic surgeons in the city are good, as there are also cosmetic surgeons that are based in Los Angeles, which may not have enough credentials to perform cosmetic surgery. As a result, there cases in which people are "injured" by the surgery due to any deformities or other health problems caused by the surgery as a direct result of the surgeon's negligence or incompetence.

Getting a malpractice lawyer

For people who suffered injuries as a result of cosmetic surgery, it is very important for them to get a good malpractice lawyer given that establishing a surgeon's culpability, especially in elective cosmetic procedures can be a complicated process. The good news is that getting a good lawyer can be a fairly simple process, as long as the necessary steps are taken that can help a person assess the capabilities of a lawyer. Among these steps, one of the most important is to ask a lawyer some very important questions, which includes asking him about his experience about these kinds of cases. As a rule of thumb, the more experienced a lawyer is with malpractice cases, the better.

Another important question to ask is whether he belongs to a law firm or if he is a solo practitioner, as this can determine the type of service that people can get from the lawyer. Another very important question is how much their case is worth with regards to the compensation they could potentially receive if they win the case. It would be a good idea to get a lawyer who is more prudent in his estimates, because lawyers who promise their clients very large amounts may only have the retainer fee in mind.

For people are injured during cosmetic surgery procedures, it is very important to get a good malpractice lawyer. The good news is that doing so can be an easy process. This is because the people who take the necessary steps that can help them assess a lawyer's capabilities, which includes asking lawyers questions about their practice, often get the best lawyers who can help them get the justice and compensation they deserve.

Criminal Defense Help: What It Can Do

Sometimes we make mistakes. It is not that we deliberately break the law, sometimes it is just unavoidable. Sometimes we do not even know it unless charges are pressed against us. So what's a poor citizen to do?

Well, that citizen can fight it out in court. But just as any person doesn't go to battle without armor, you can't go to the judge unprepared. That is just plain suicide. No, you need a good army of lawyers behind you to help you get out of your mess. You need a good, hardworking criminal defense attorney. You need to know your stand, and you need to stand your ground. You need to get your facts straight, and the place where you can have that is the website criminaldefensehelp.com.

Being pressed with charges can turn your life upside down, that is why it is important to act quickly and acquire damage control before it's too late and people close to you are also affected. What is worse is when you are being accused of a crime that you did not commit. A criminal defense lawyer has the responsibility of providing legal representation to the accused. The lawyer does not have the responsibility of proving innocence or helping the guilty to be set free. He has your best interests in mind and it is his job to protect you. The criminal defense lawyer focuses on getting your case dismissed.

A criminal defense attorney can prevent you from ever being taken into custody. A criminal defense attorney also has the ability to assist you against further incrimination by instructing you what to say in interrogations. A criminal defense attorney is also able to speak on your behalf and defend against the prosecution's case by questioning witnesses in the defense's case and cross-examining the prosecution's witnesses.

The criminal defense attorney in california deals with cases such as white collar crimes, drug crimes, sex crimes and more. They have been pioneers in developing all forms of alternative sentencing such as house arrest and diversionary programs. They have established relationships with Judges and District Attorneys in Los Angeles, Orange, Sacramento and Ventura Counties. Choosing the legal counsel of a California criminal defense lawyer can save you from being found guilty in a criminal case. A California criminal defense lawyer often has the reputation of being staunch legal counsel by virtue of having passed the California Bar exam alone. This exam is known to be one of the toughest nationwide.

San Diego Criminal Defense Attorneys excell in DUI Defense, Drug Defense and defense of other misdemeanor and felony charges requiring the assistance of a professional attorney in San Diego and Southern California. A San Diego Criminal Defense Lawyer defends each case specifically and according to the unique facts, and the law, as it is written related to the case. Attorneys argue relentlessly on behalf of their clients in the courtroom, as trial lawyers, and winning the confidence of the jury is their specialty.

Illinois attorneys are also known for their white collar criminal defense. This is their specialty.

So the next time you have been charged with a criminal offense from out of nowhere, there is no need to panic. After all, you're innocent until proven guilty. All you have to do is employ the help and services of attorneys in criminal defense. Criminaldefensehelp.com provides you with the necessary information.

Basketball Tips and Training - 14 Ways to Become a Big-Time Player

I get asked the following question all the time: how can I become a dominant player?

I've put together a list of 14 things you need to do to become a big-time basketball player. Read this list, and start doing these things, and you'll be a better player. Guaranteed. And if you already do most of the things on the list...you're ahead of the game. So what are the things you need to do to dominate a basketball game? Read on...

1.) Be aggressive You can't be a good basketball player if you are tentative and uncertain of what you will do on the next play. Great players play with decisiveness. Great players are aggressive.

2.) Make a 2nd and 3rd effort on every play It's one thing to make a good effort. But great players keep trying until they succeed. If you aren't immediately successful on a play, keep working and trying until you make it happen.

3.) Think positive Believe you'll be successful, and it's more likely to come true. If you take the court doubting yourself, doubting your abilities, and scared that you'll fail, well guess what: you probably will. Think positively, act like you'll get the job done, and then go out and make it happen.

4.) Be confident in yourself Not only do you have to think positive (see #3 above), but you have to believe in yourself. Great players know they are good. They know they'll win most battles. They play with confidence and it shows in their performance level.

5.) Take good shots It may sound silly, but taking good shots is a big part of shooting a high percentage, and getting lots of playing time. If your range is 16-feet, don't take 23-foot off-balance jumpers. Sometimes players shoot the ball because they don't know when they'll get another chance to score. Make sure you're the type of player that takes good, high-percentage shots.

6.) Be a good teammate Don't ever forget that basketball is a team game. Your success (or failure) is based on how you play, and how your team plays. Help make the players around you better, and you'll be surprised at how good that will make you.

7.) Get up and down the floor quickly Whether it's running up the court on a fast break, or sprinting back on defense, good players run the floor well. Getting up and down the floor quickly puts pressue on your opponent and puts you in a position to make good things happen.

8.) Listen to your coach Your coach determines whether you get in the game or not, and how much playing time you get. Work hard in practice, and listen to your coach during games (about which offense to run and which defense to play). If a coach doesn't think you're listening, your playing time will suffer.

9.) Play great defense Coaches love players that play good, tough defense. Even if you're having a tough night on the offensive end, you can still contribute to the success of the team by playing great defense. There are lots of big-time college and NBA players who aren't all that great offensively, but who are big-time defensive players. Defense can get you lots of playing time.

10.) Stay out of foul trouble Playing good, smart basketball means staying out of foul trouble. You'll commit plenty of fouls by playing good, aggressive basketball, so avoid fouls for reaching with your hands on defense, or for over-the-back calls while going for rebounds. No matter how good a player you might be, you'll spend plenty of time on the bench if you get yourself into foul trouble.

11.) Practice hard Practice is how you prepare for games. Whether it's shooting around on your own, or scrimmaging at your team practice, you've got to work hard. If you get lazy, and decide to take it easy during practice, your game will suffer. Push yourself, work hard, and you'll improve as a player.

12.) Go up strong inside Anytime you play in the paint, you've got to be tough and play strong. There are lots of bodies, elbows, arms, and hands in the lane. If you make a post move, or rebound the ball on the offensive end of the floor, go back up strong. It's no place to be tentative, weak, or afraid.

13.) Become a great free throw shooter Everyone should work to become a great free throw shooter. You can improve your scoring average, get more playing time, and help your team win games, simply by becoming a clutch free throw shooter. A big part of free throw shooting is mental. So work on having a good free throw shooting routine, and being confident that you'll knock the shots down.

14.) Be the player you'd hate to play against As a player, I hated playing defense against guys that were aggressive, smart, constantly moving without the ball, who took high percentage shots, went up strong inside, and crashed the offensive boards. And I hated playing offense against aggressive, strong, smart, fundamentally sound players who played great D and never made anything easy for me. Be that type of player. Be the player you'd hate to play against.Do these 14 things, and you'll be well on your way to becoming a great player.

Apartment Rental - The Cheapest Residential Unit

The number one worry of most people when moving or relocating to another place is their budget. Most of the time they worry about if their budget can afford the lifestyle in the place where they plan to relocate.

Like for example in Miami, there are communities where there are only luxury homes and there are some parts of Miami that have some Miami apartment rental. Most of the time people prefer to have the apartment first because it is the most suitable residential homes for those people who are just about to start the next chapter of their life.

People who do not have any budget in purchasing their own home in Miami; they usually start to stay in a Miami apartment rental first. Rather than purchasing their home or stay in an expensive residential unit, it is better to rent an apartment.

There are lots of Miami apartment rental that are out in the market. It is important to give time in searching for the right apartment. Make sure that you are picking the one that will perfectly fit to your needs and wants. You have to make sure that you are comfortable as you stay in that apartment without worrying about your budget.

Aside from making it as your official residential unit, the Miami apartment rentals are also the best options for hose people who are spending their vacation in the city and those people who visit the Miami for business purpose. Staying in a hotel can really strain your wallet and most of the time you will get back home broke and the worse is that you do not even experience the fun and enjoyment while in Miami.

The common notions of people about the Miami apartment rental are simple homes with limited space. Actually this is true but not all.apartment rentals are small. You just have to conduct the search carefully so that you will be able to find the right size of apartment that you need. For your information, there are lots of apartments that are available for rent. For sure you will be able to pick the right apartment with this numerous options to choose from.

Before moving in Miami, it is important that you have done your search and have the apartment reserved for you. There are some vacationers who skip the process of searching the right apartment rentals for their own use during their vacation. They immediately go to Miami and then search. With this you will surely end up less comfortable because the tendency with this is that you will just pick the first apartment that you will encounter. Keep in mind to do the search first before moving in so that you can stay comfortably.

Criminal Defense Advice

Criminal defense advice is counseling given by criminal defense lawyers or attorneys that help resolve legal issues. Criminal defense advisors are experts in criminal law who will be able to provide thorough and competent legal representation to the accused. They provide services to the accused in every stage, from arrest to trial and to appeal. Criminal defense advisors will also be able to explain weak points to the prosecutor concerning the case after studying it thoroughly and reviewing the facts. They will also provide information on the probability of success and the requirements needed to fight the case. They will be able to provide all the information on criminal justice procedure in each and every stage of the case. They will also be able to explain in detail the rights and possible legal consequences of different criminal behavior. The criminal defense lawyer will teach what the accused can do in certain cases.

Criminal defense advice can be about DUI, DWI, assault, disorderly conduct, kidnapping, domestic violence, embezzlement, felonies, hit and run, murder, parole violations, bench warrants or arrest warrants, bail hearings, administrative hearings, summonses, and more.

There are a lot of legal organizations that provide criminal defense advice throughout the country. Criminal defense advice can also be received on the Internet. Some not-for-profit legal organizations and bar associations offer free criminal defense advice. They will be able to find the best possible solution depending upon the client?s problem. However, before approaching an attorney for legal assistance, it is advisable to do research on the chosen criminal defense lawyer?s certification, specialization, state bar records, credentials, ratings, years of experience, and verdicts and settlements. The Internet would be the best source to search for a qualified and experienced criminal defense lawyer. Attorney Search Network will help one find criminal defense lawyers and attorneys in any locality.

Los Angeles Car Accident Attorneys

Car collisions often carry legal consequences in proportion to the severity of the accident. It is important to file for claims within two years of the injury date. This time limitation includes claims for personal injury caused by defective products. They are lawsuits that are filed when a person is harmed in an accident or injured by another person and the injured individual is not to blame. An attorney, who deals with personal injury, can be contacted in cases, where there has been serious injury, or where injuries are likely to be permanent, or death has resulted from the accident.

If residents of Los Angeles County are involved in a car accident in Los Angeles, they usually file a personal injury lawsuit in the Superior Court of California, County of Los Angeles.

It is in the interest of car accident victims to hire personal injury attorneys, as they are experienced with cases to decide, if the case it is worth pursuing legal action. Most personal injury lawyers, work on a contingency fee basis. An attorney can work through the paperwork necessary to resolve claims. They work with a team of investigators who will skillfully investigate, the technical aspects of the case. Attorneys can be more objective by not making rash decisions in handling the claim. An experienced attorney will know if the dispute can be resolved through mediation. The attorney can deal most effectively and expediently with opposing counsel. They are also accustomed to working with insurance companies, and will not be pressured, to settle for an unsatisfactory amount. Car accident attorneys are specialists in this field of legal practice. It is important to hire the services of a reputed professional in order to ensure a favorable verdict. This is important as such claims go a long way in compensating financial losses and expenses incurred by the injured.

California Criminal Records Prove That Los Angeles is Not a City of Angels

Los Angeles, California has long been known as the City of Angeles. However, California criminal records prove that Los Angeles is not a city of angels. L.A. is the largest city in the state of California and the second largest city in the nation. Los Angeles has nearly four million residents, meaning that approximately one-ninth of the state's population reside in L.A. Los Angeles County is the most populated and the most diverse county in the United States. Residents hail from all over the globe - from more than 140 countries to be exact. They speak 224 different languages, including English, Spanish, Korean, Filipino, Armenian, Chinese, and Persian.

In the past decade, the number of California criminal records has steadily declined. Although crime has significantly decreased, the record low for homicides was still 392 in 2007. The murder rate is high in Los Angeles, strongly due to the number of gangs and gang members that call L.A. their home. Known as the Gang Capital of America, Los Angeles is home to many infamous gangs, such as the Bloods, the Crips, the Surenos, and the 18th Street gang. In addition to gang activity, Los Angeles is an area in which a large number of hate crimes occur. These crimes are committed against people because of their race, ethnicity, religion, or sexual orientation. Results from the 2000 Census show that Los Angeles is a minority-majority city, meaning that the majority of people living in the city differ from the national majority population. This means that the majority of Angelenos are not Non-Hispanic whites. Because Los Angeles' population is diverse, made up of Non-Hispanic whites, Hispanics, Latinos, African Americans, Asian Americas, Native Americans, Pacific Islanders, and a number of other races, with many people being bi-racial or of more than two races, crimes based on race and ethnicity are very common.

Other major cities in California include Anaheim, Fresno, Long Beach, Monterey, Napa, Oakland, Sacramento, San Diego, San Francisco, San Jose, Santa Ana, Santa Barbara, and Santa Cruz. However, California criminal records from those cities pale in comparison to those of Los Angeles. While some of the cities may have high crime rates, with some being higher than Los Angeles, the actual numbers of crimes committed in other cities are much lower than those of Los Angeles. This is due t the fact that one of the factors involved in determining crime rates is population. For example, according to a 2006 crime comparison, San Francisco had a murder rate of 11.5, while Los Angeles had a rate of 12.4. This may lead you to believe that nearly as many murders occurred in San Francisco as Los Angeles. When you examine the actual number of murders, San Francisco had 86, while Los Angeles had 480. Crime rate is found by dividing the actual number of a particular crime by the population multiplied by the number 100,000. Comparing the city to the entire state of California, Los Angeles has a violent crime rate that is more than double that of the state of California as a whole. Therefore, not all residents of Los Angeles, California are angels.