Category Archives: Law

About The Law on Drugs in the UAE

1.) Often drugs that would be legal in your home country will wind up on the list of prohibited drugs in the UAE. Consult the list of banned substances before taking any drugs into the country or consuming inside the UAE.

2.) Possession of medicines like sleeping pills, painkillers and antidepressants can be illegal in the country without a proper prescription from a UAE doctor. Consult a doctor before taking any such medication.

3.) Care should be taken when reentering the country from outside to ensure there are no traces of any drug – legal or otherwise in the country visited – as the smallest infraction can attract very harsh penalties.

4.) Even transiting through the UAE one should take care to ensure all medications are accompanied with a proper prescription. It may be wise to carry with a translated and attested prescription copy to avoid any potential problems. The importation of illegal drugs into the country is considered a serious crime.

5.) Though not common, cases of drink spiking do occur. It is extremely important that woman do not accept drinks from strangers and maintain vigilance when out at pubs and bars. It is possible criminal charges could result if a woman is discovered to have an illegal substance in her system.

The Vulnerability of Child Abuse Accusations

Apart from the personal ignominy one would suffer from being accused of such a shameless act it could also have the accused spending a few weeks of incarceration, though being innocent of the crime.

Hence it would be prudent of those who deal with children in their day to day activities to set certain disciplines so that no such finger would be pointed at them.

Although implementation might be a difficult it is imperative that those in vulnerable positions and holding such office and responsibilities that concern children not find themselves being accused for crimes that they haven’t committed.

We list below some of the DONTS that should be practiced for those who are in such positions as listed above. It is imperative to keep yourself safe from being tainted with untruths, which could sometimes last forever.

# Avoid being alone with a child or children without another adult being present with you. If you are compelled to, still avoid it.

# Avoid placing yourself in a position of confrontation with your spouse present or former spouse and take your battle to a court of law when there are chances that you could be falsely accused of abusing your child, or another. Try to settle the dispute amicably.

# Never indulge in any inappropriate behavior with children or engage in sexually suggestive actions and other implicit actions that could be misconstrued by others or even by the children.

# If you are accused of any inappropriate behavior with a child or children immediately seek legal advice and follow strict instructions of your legal counsel.

# Try to educate yourself of what you are accused of and the seriousness of the charges and be frank and open with your legal counsel as to the events that transpired on the day in question.

# Keep your legal counsel apprised and informed of the developments.

# Collect evidence from your friends, relations, colleagues and neighbors who would vouch for your character and provide you with a good defense.

# Find those who would testify on your behalf in court and sign affidavits to exonerate you of the charge. The more people who could vouch for your past behavior could mean the difference of getting you off the hook.

# If it is a custody battle that you are facing with your spouse, try to keep the same relationships you had with the children throughout the time of the new drama. Children may not be a party to the issue but if they are get legal advice.

Child abuse is a serious social issue and if you are accused of such a crime it is in the best interests of you, the accuser and the child that the issue is thoroughly investigated and the truth revealed as it could have adverse effects to all those concerned in the future.

A Child Welfare Litigation of Strategies

The child welfare system is there to protect your child’s safety and well-being, not just to limit your parental rights. But when that system decides you put your child’s safety at risk, it can turn against you. As a vehement defender of parents’ rights in child welfare cases, I can tell you to not give up just yet. Here are some ways you can defend your rights while in litigation.

You have a right to counsel during the child welfare litigation process. I highly recommend you at least speak with a New Jersey child welfare attorney about your case. Even a simple consultation can help, but you can ensure your rights will be defended if an attorney helps you with your case. Remember that court appointed attorneys often have severe caseloads and may not be able to give your case the attention it deserves. If you decide to use a court-appointed lawyer it is still a sound decision to obtain a consultation with a specialized DYFS attorney. This attorney can help you understand what you should expect from your court appointed lawyer and what is reasonable to expect from them. They can also help you devise a strategy that you can then discuss with your court appointed lawyer. Many specialized DYFS attorneys offer initial consultations from which you can gather information on how to proceed with your case to the next step.

Second, the court cannot take your child away from you or terminate your parental rights without having good cause. The DCP&P will conduct an investigation to gather evidence to submit to the court. You have a right to provide testimony and evidence, too. Take full advantage of this right! You should have an attorney help you do this, but, whatever you do, don’t pass up this opportunity to provide important information.

Third, cooperate when it is reasonable. Comply with any requests the DCP&P makes during the investigation such as developing a safety plan. Work with your caseworkers to create a visitation plan so you can stay involved in your child’s life. Complete all court-ordered steps such as counseling or a substance abuse evaluation. The DCP&P may also ask you to take advantage of certain services. If you disagree with any of these requests, speak with an attorney.

Knowing and understanding your rights and responsibilities is the best tip I can give you for fighting for your child in court. It is easy to be overwhelmed by the child welfare case process in its entirety. You are dealing with both the DCP&P caseworkers and the court all while trying to remain an involved parent while your child is in foster placement. Speak with an attorney about your case if you have questions about your rights or responsibilities.

Your Rights With A CPS

The Report

It is illegal to not report child abuse if it is suspected. Doctors, lawyers, and therapists are required by law to make a report if they think a child is being abused. Whoever makes the report will remain anonymous by law.

Taking Children

Child Protective Services can legally take your children. If a report is made and CPS determines that a child is in danger, they have the right to remove them from that situation and any unsafe environment. Unsafe environment includes use of illegal drugs in the house, a home with not enough food or health care, firearms being left in the open in a home, physical violence happening to the child, or sexual contact with the child.

After Removal

Parents will be notified in writing by CPS and they will provide all papers that support removal filed with the court. All papers include a statement about the reasons for the removal by the investigator. 14 days later, a court hearing will be held. The judge decides whether the child should be returned to the home, stay with a family member, or remain in CPS custody at the hearing. The judge can also order various counseling activities for parents or caregivers such as attending parenting classes, completing an anger management courses, going through a drug or alcohol rehabilitation program and other requirements.

Service Plan

To allow the child to be returned home, a service plan is written with CPS recommendations and steps that must be taken. It is not a court order and cannot be enforced, but failure to follow the plan can be used against the family that they are not cooperating. At meetings between CPS and family members, the plan can be changed or renewed.
Rights

· You have the right to talk to your caseworker. Remember that communications between you and the caseworker are not confidential and can be used in court.

· You have the right to a court appointed attorney if CPS files a lawsuit again you.

· You can deny any allegations made by the CPS.

· You have the right to attend all court hearings about your case.

· If you do not know English, you have the right to an interpreter.

· You have a right to bring your child home after the service plan has expired unless:

–the service plan is renewed, or

–there is a court order (signed by a judge) saying that you can’t.

Case Length

18 months from the time of the child’s removal is the longest amount of time the case will stay open. If a lawsuit isn’t started by CPS to terminate parental rights by 18 months, the case automatically closes. It is a good idea to get written confirmation that the case is closed before you take your child back. The person your child has been living with can file for custody and get child support from you after 6 months, so it is important to act quickly.

Here The Best Service Provider

In the contemporary world, the traffic problems due to massive urbanization have become the everyday ordeal and people somehow get into trouble with their vehicle on the busy city road or elsewhere. Almost in all country and every urban habitat, this problem is a great worry for the authority, as well as, for the police and judiciary; because in most of the cases, the traffic rule breaker caught on the wrong foot, either by rush driving or under influence of liquor/drug. While an individual gets into any kind of auto accident; the very first thing, requiring by the concerned person is the appointment of the accident attorney, who can help the person to fight his case in the courtroom or in negotiation with the insurance company for the justified compensation.

The Amarillo Auto Accident Attorney is having all the required knowledge, skill and professional experience, which help the potential client to get the best solution in the situation of any accidental issue. From the arrangement of bail or preparation of the case on behalf of the client, the attorney use to fight for the medical benefit or compensation, which is a big issue for any accident victim.

Issues to be noted

Whenever an accident occurred on any street or highway, it is often found that the accident victim gets it quite difficult to convince the insurance company for the compensation, because these agents are professional and having all the tricks to deny the actual compensation, while the victim lack the knowledge of the fine points of the insurance. Therefore, in this kind of a situation, the Amarillo Auto Accident Attorney can be the best bet for the victim to get a proper solution of this problem. The attorney uses to prepare the document, in consultation with the client, to submit the same to the insurer and negotiate the valuable issues, which help the client to get the best solution of damage compensation.

It is a well-known fact that the lack of proper documentation and subsequent communications are the most critical issues in the settlement process of any auto accident issue, where an individual needs the support of the attorney, which ensures the maximum compensation from the insurer. The hospital expenses and also the post-hospitalization period, there is a huge expenditure has to bear by the victim and the reimbursement is a big issue, which is properly handled by the accident attorney, with all possible supports.

Conclusion

Not only the hospitalization or treatment of the accident victim, sometimes the loss of limbs or the death occurred and in these kinds of situations, the Amarillo Personal Injury Lawyer can be the best support for the victim or his family. In most of the cases, the insurers try their best to deprive the accident victim of his genuine compensation, by sighting lack of documents and proper filing etc., and the accident attorney can provide the useful tips, which may be helpful to get the maximum possible reimbursement of the actual expenses. The death benefit compensation or sum assurance helps the family to a great extent in their survival. The Amarillo Personal Injury Lawyer can be contacted very easily just by a phone call or through an e. mail and the required services will be at the right place to get the justice at any forum or court for the accident victim.

The Amarillo auto accident lawyer

Every ten seconds in the United States of America finds a new victim of a new road accident. Accidents occur almost every day and no matter how many changes are brought about here and there, nothing truly seems to change. People get hurt, criminals and perpetrators run loose and we really do not know what to do anymore. Some accidents claim lives, some accidents leave a lasting imprint on the lives of all those involved in it. And even if the consequences are not that severe, abrasions received from a truck or another vehicle might leave the other vehicle damaged. Now if the case is this, then generally a direct communication with the insurance company helps in solving the problem. However, when fatality or human decency comes into account then it becomes mandatory for the involvement of an Amarillo auto accident lawyer. Only an experienced Amarillo auto accident lawyer can aid you without letting the lure of the insurance companies fool you.

Now while it is true that nothing can bring back the dead from beneath the grave, if you have never lost a near one to the perils of an accident there are very slim chances the need of Amarillo auto accident lawyer might be a bit lost on you. to simplify things, an Amarillo auto accident lawyer can successfully help you to extract damage compensation in the form of survivor benefits, funeral expenses or hospital wages and bills, the extensive medical bills and uninsured motorist benefits as well as workers’ compensation benefits. And if you have suffered any sort of impairments physically, then as the plaintiff you are liable to be extensively compensated for disfigurements as well as whatever mental harassment and anguish that you might have faced and endured, and your Amarillo auto accident lawyer is eligible enough to get so for you.

The key is to appoint your attorney as soon as the unfortunate incident occurs. This is primarily done to ensure that your rights are preserved and the evidences collected from their respective sources before their contamination is made possible. And only an experienced Amarillo auto accident lawyer can ensure you that.

Since there are multifarious automobile accidents, it becomes a bit confusing sometimes to determine the actual cause behind the accident and whether the victimization of the plaintiff is after all justifiable. Whatever that might be, if you have been hurt, you are eligible to receive monetary compensation of which you possess full entitlement. Hence it becomes an absolute necessity that when it comes to choosing your Amarillo auto accident lawyer, you settle for someone who has the experience, commitment, level of skill and most importantly someone who can cater to your budget and has a fee structure with which you are comfortable. Many Amarillo auto accident lawyers might have ‘no win no fee’ policy if they feel there is enough contingency to the potential preserved in this case and if you are comfortable then go right ahead.

However, do keep in mind before hiring an Amarillo auto accident lawyer that, you should be comfortable with the level of experience that you have settled for and if your attorney has had similar cases in the past and what was the outcome. If you have doubts make sure you have a backup ready in case this fails to work out.

This Child Custody Cases

You, your spouse, and lawyers representing each of you will go before a judge, who will determine who gets custody based on the best interests of each child.

Though this is a subjective decision, a judge will consider several factors to make a reasoned determination. These are the factors that a judge uses to make a decision that favors each child:

  • First, a judge will consider a child’s age. An infant or very young child will often remain with their mother.
  • The judge will also consider the current living situation and how the living situation will change. Where have you and your spouse been living? Will one of you move far away? Will one of you remain in your current home? A judge usually considers how difficult moving can be on a child, especially if they have close friendships or are dedicated to activities in their current community.
  • The judge will also reason, based on testimonies and each spouse’s lifestyle, how close each parent’s relationship is with each child. Fathers may bond more closely with male children, for example. If one parent works from home or part-time, they may have spent more time with their children.
  • Approaching a custody arrangement like a battle can work against you. Judges will often rule in favor of parents that are more cooperative with their current spouse. Parents that seem combative or vocalize their displeasure with other parent will appear to be a negative influence on a child.
  • Children that are about age 12 or older will often have the chance to share their preferences regarding custody or visitation rights. Depending on where you live, considering the child’s preferences, no matter their age, may be a requirement.
  • A judge will also have a keen eye for signs of abuse or neglect. A judge will rule firmly against a parent who has abused or neglected a child.
  • In addition, details about your lifestyle, income, hobbies, and overall emotional stability will be called into question.

Some Witness Hearing Before the Criminal Courts

If the court requests to hear the statement of one of the witnesses, it has the right to ensure their attendance by issuing a warrant order, if the court finds it to be necessary. The court has another discretionary power, to charge the witnesses for not attending the hearing. However, it would not be more than 1000 Dirhams. If he did not attend after receiving a fine, the court has a discretionary power to issue an arrest order against the witness.

If, however, the witnesses, apologized to for not attending the hearing and provide reasons such as sickness, the court has the right to re-locate or move the witness’s place, if the court finds it to be necessary.

Nevertheless, if the court considers that the excuse of the witness if false, it will have the right to order jail sentence, not more than three months or fines not exceeding 2000 Dirhams.

One of the most common questions which will be addressed to all witness would be about their nationality, address, relationship with the victim or the accused. They would also inquire if the witnesses had been held in the police stations or the Prosecution before. The court has the right to request for the witnesses’ previous statement to be read out loud during the hearing, in case it is contradictory.

If there is a witness hearing in the criminal proceedings, the prosecutors, the victim, the accused and his attorney have the right to address the questions to the witnesses, however, it would be subjected to the approval of the court.

Although it is unlikely to be accepted but both parties, have the right to request, rehearing for the same witness or to request additional witnesses. Witnesses may not be heard together. Each one, usually are heard individually.

In most of the cases, the court asks them to not leave the chamber until the hearing is completed. However, the courts have the right to make the witnesses confront one another. The courts may refuse addressing any questions to the witnesses, if they consider it to be irrelevant or not related to the case. The courts have to protect the witnesses’ implicit or explicit statements that might cause distraction or intimidation. Furthermore, the court has the right to refuse listening to any facts from the witnesses, which it deems to be sufficiently clear.

After the hearing is completed, the court has the discretionary power to allow the prosecutor, accused and all other parties to the case to have a talk. In all cases, the accused shall be the last one to talk, which is in accordance with Article 169 of UAE Criminal Procedures Law. The courts have the discretionary power to prevent the accused or other parties in the case, to speak outside of the litigation or to keep them from repeating their statement on irrelevant points.

If one of the accused did not attend in the beginning of the hearing, the court might reconsider permitting him to attend upon his late arrival. However, it falls under the discretion of the court.

Lastly, it important for all witnesses to bring their own ID along before attending the hearings.

Disclaimer: This article comprises broad and general information about legal materials. The material is general advice and not legal advice, and should not be treated as such. The legal information in this article is provided is extracted from the UAE Criminal Procedures Law Federal Law No. (35) Of the Year 1992 and based on our experiences as a law firm. The information provided are only guidelines. You should certainly not postpone pursuing legal advice, ignore legal advice, or begin or suspend any legal action because of information provided in this article. You must not rely on the information in this article as a substitute to legal counsel from your attorney or any other practiced professional legal services provider.This information is drafted by licensed legal practitioner and sent from Al Rowaad Advocates & Legal Consultants which is duly licensed law firm to practice law under UAE Law.

Understanding A Simple and Aggravated Assault in Florida

Pursuant to Florida law, the crime of assault is defined under section 784.011 of the Florida Statutes as an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so and doing some act which creates a well-founded fear in such other person that such violence is imminent.

In laymen terms: assault is an intentional, seemingly authentic threat that is perceived to be dangerous and makes another person reasonably fearful that there will be an act of violence.

It’s worth noting that a common point of confusion for criminal defendants is the belief that assault and battery are actually the same crime — or that they are necessarily linked. Many criminal defendants might be confused as to why they are being charged for threats that did not lead to an actual physical injury. Though it is certainly true that assault and battery often appear together, in truth, they are two separate and independent crimes.

Battery is perhaps best understood as the completion of an assault, though the interplay of factors is a bit more complicated. For now, assume that assault refers to a threat of violence, and that battery refers to intentional, non-consensual physical contact.

In the state of Florida, assault can be broken down into two categories based on circumstances at the time of the criminal incident: 1) simple (or misdemeanor) assault, and 2) aggravated (or felony) assault. Let’s take a quick look at the relevant law.

Simple Assault

Simple assault is the most basic form of assault — a standard assault situation is a matter of simple assault. Pursuant to section 784.011(2), whosoever commits an assault will be found guilty of a second-degree misdemeanor.

It’s important to note that even simple assault requires criminal intent to find the defendant liable (recall that the assault statute demands a requisite intentional, unlawful threat). For example, if you were jogging on a sidewalk and suddenly tripped, nearly collapsing on a pedestrian, then that pedestrian might be reasonably fearful of imminent injury. However, you would likely not be held liable for assault as you evidenced no specific criminal intent to threaten the pedestrian with violence.

Simple assault — as a second-degree misdemeanor — leads to fairly minor penalties on the whole. If you are convicted of simple assault, you could be penalized with up to 60 days in jail, six months of probation, and/or up to a $500 fine for your actions.

Aggravated Assault

Florida law puts aggravated assault a step above in severity to simple assault. Aggravated assault is essentially “assault with a deadly weapon” or “assault during the commission of another felony.” It is also classified as a third-degree felony, which may lead to penalties of up to five years’ imprisonment, five years’ probation, and/or up to a $5k fine for your actions.

If you commit assault with a firearm (a specific deadly weapon) — if convicted — then you could face a three-year mandatory minimum sentence. Other deadly weapons, such as long knives, will not expose you the same mandatory minimum issue.

Let’s take a look at the two prevalent types of aggravated assault situations.

Assault with a Deadly Weapon

Assault with a deadly weapon is rather straightforward. If you commit an assault while brandishing a knife or a gun, for example, then you the imminent threat of harm that you create is more severe, thus leading to the aggravated assault charge. Of course, the mere fact that you are carrying a deadly weapon does not necessarily lead to an aggravated assault charge. If you have a concealed carry license and your weapon is not visible or known to the victim, for example, then your standard assault (i.e., threatening to punch someone) cannot be elevated to aggravated assault.

Assault During Another Felony

If you commit an assault in the midst of committing another felony, then the assault will be elevated to aggravated assault. For example, if you are burglarizing a car, then any intentional and unlawful threat against another person that creates a reasonable fear of imminent harm will qualify as aggravated assault.

The Individual Investors Losses through a FINRA Arbitration

As an individual investor, you place a significant amount of trust in your broker. You trust your broker to make sound investment recommendations, and you trust him or her to manage your portfolio with your best interests in mind. You expect your wealth to build over time, and you expect it to be there when you need it.

But, what if it isn’t?

Common Forms of Investment Broker Fraud

While the securities markets fluctuate, there are certain issues that should not lead to losses for individual investors. These issues involve misconduct by their brokers, and are broadly characterized as investment fraud. While most people think of high-profile scams like those involving Bernie Madoff and Martha Stewart when they hear the term, “investment fraud,” the unfortunate reality is that countless individual investors lose money to broker fraud every single day.

Some of the most common forms of investment broker fraud include:

• Account Churning – Brokers should earn their keep by making profitable investment recommendations, not by trading excessively in order to generate commissions. This is a fraudulent practice known as “churning.”

• Misrepresentations and Omissions – Brokers must provide their clients with the information needed to make informed investment decisions.

• Overconcentration – Brokers should not create unreasonable risk for their clients by pouring their savings into non-diversified investments.

• Unauthorized Trades – Brokers should not make trades without a client’s authorization unless the client has explicitly granted his or her broker the discretion to do so.

• Unsuitable Investments – Brokers should make investment recommendations and trades based on each client’s unique risk tolerance and financial circumstances.

What to Do if You Suspect Investment Fraud

If you have suffered investment losses and believe that your broker may not have been looking out for your best interests, you may be able to recover your losses through the process known as FINRA arbitration. Filing for arbitration does not guarantee that your portfolio will be restored, but it does provide a forum in which to pursue recovery without the burdens of taking your broker to court. Most brokers in the United States are required to register with FINRA, and FINRA-registered brokers are generally required to submit to arbitration.

While FINRA arbitration keeps your investment fraud claim out of court, the process is still complicated, and pursuing a successful arbitration claim requires a thorough understanding of federal securities laws and FINRA’s regulations. As a result, it is strongly in all individual investors’ best interests to consult with an experienced attorney. If you have a claim, an experienced FINRA arbitration lawyer should be willing to take your case on a contingency-fee basis, meaning that you will only pay legal fees if you secure a financial recovery.