Friday, November 28, 2014

The Lawyer's Mailbox: JUDGE versus JURY DUI TRIALS: Maryland Defense Att...

The Lawyer's Mailbox: JUDGE versus JURY DUI TRIALS: Maryland Defense Att...: www.CharlesJeromeWare.com Clients frequently ask about the advantages and disadvantages, and defense attorneys are frequently called upon t...

www.CharlesJeromeWare.com
Clients frequently ask about the advantages and disadvantages, and defense attorneys are frequently called upon to advise our clients concerning the choices, of judge versus jury DUI trials.
First of all, it can and frequently does matter whether a particular DUI case is litigated before a judge only (aka, a bench trial) or a jury (allegedly of your peers in the community). It depends, of course, upon a number of factors: the specific judge, composition (race, color, gender, past experiences, ages, et al.) of the jury, factual circumstances of the case, etc.
A. In your selection process and thinking, consider the following:

when defendants elect jury trials, there’s a tendency for the state to send a more experienced prosecutor against you than if the case were in front of a judge only (bench trial);
the rules of evidence are technical and complicated and a judge, resenting the time and trouble caused by jury trials, may insist on a strict following of the rules – something that could be hard to do if you’re representing yourself (pro se);
you’re dealing with a jury, 6 to 12 people (usually all drivers) who are probably unhappy to be in court and who may be impatient with a DUI or a reckless driving defendant with a tenuous claim; and
a jury trial tends to last longer than a non-jury trial, thus raising legal costs; etc;
just as jurors may be unsympathetic to tenuous driving charges, they also may feel victimized by the traffic court system. In other words, if you make a really convincing presentation, a jury is probably more likely than a judge to side with you,
a jury trial may be a better choice if you face especially serious consequences from a guilty verdict—like the risk of losing your license or an astronomical increase in your insurance premiums. Because the penalties are so high, it may be better to gamble on the whims of a jury, than rely on a more hardened judge, and
jury trials are time-consuming for you, judges, prosecutors, and the police. This means once you ask for one, the system has some incentive to settle your case without going to trial. Deals can take many forms, depending on the situation. For example, if you are charged with speeding and running a stop sign, the prosecutor might offer to drop one of the charges if you plead guilty to the other.

B. Additionally, consider the following:
the format of a jury trial is similar to a formal nonjury trial except for one huge difference: You must participate in the process of choosing a jury, and
don’t assume that because you demand a jury trial you must be convicted by the vote of 12 unanimous jurors. In traffic cases, some states provide for eight-member, six-member or even four-member juries. And other states allow jurors to reach a verdict on a 5–1 or 10–2 vote. Check with the court clerk for your state’s rules.

www.CharlesJeromeWare.com. "Here to make a difference." We can help you. Guaranteed.
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.

DUI ARRESTS vs. DUI CRASHES: MARYLAND & D.C. "BEST 10" DUI & DWI ATTORNEY CHARLES WARE

www.CharlesJeromeWare.com. "Here to make a difference."
Question: Which U.S. holiday statistically has the most recorded DUI's each year?
Answer: New Year's Eve.
Question: Which U.S. holiday statistically has the most recorded DUI-related deadly vehicle crashes each year?
Answer: July 4th.
[http://thelawdictionary.org/article; for informational purposes only]
New Year's Eve is more than just the last day of every year; it is also the holiday with the most arrests made by law enforcement agencies across the United States for suspected drinking and driving. This dubious distinction, however, does not extend to fatal crashes related to driving under the influence (DUI). According to data collected and compiled by the National Highway Traffic Safety Administration (NHTSA) from 2000 to 2009, the Fourth of July is the deadliest U.S. holiday with regard to DUI.
I. ARRESTS vs. CRASHES
Some holidays yield larger numbers of DUI and DWI arrests and citations across different jurisdictions. For example, in the Maryland and Washington, D.C. metropolitan area, citations are generally greater on New Year's Eve, but deadly vehicle crashes involving blood alcohol content (BAC) levels higher than the law allows are more likely to occur on July 4th. Interestingly, the day thanks, "Thanksgiving," has also figured prominently as a day of DUI crashes in recent years. In fact, Thanksgiving has also steadily edged upward past New Year's Eve in DUI-related deadly crashes.
Three and four-day weekends are also influential in the number of DUI arrests made.
II. Influencing Factors
A great number of DUI arrests made during New Year's Eve are the result of saturation patrols and checkpoints or roadblocks, which may or may not have been divulged to the public beforehand (but should have been by law).
The constitutionality of these roadblocks has been challenged many times; the Supreme Court of the United States has stated that these checkpoints are unconstitutional but lawful because they serve the noble purpose of combating drunk driving. The problem with the Supreme Court's rationale is that roadblocks seem to boost DUI arrest levels but appear to do nothing to reduce the number of fatal car crashes involving alcohol.
It is not surprising that the Fourth of July in Maryland and D.C. is deadlier than New Year's Eve in terms of DUI. This area is populous state and has a strong sense of car culture and plenty of public outdoor areas.
A typical Fourth of July celebration involves grilling and cold beer during a softball game before night falls and the fireworks start. Police resources are more likely to be utilized to prevent public disturbances at crowded events than on highways during the Fourth of July; this may explain the lower DUI arrests but higher rate of fatalities.
III. ABOUT ATTORNEY CHARLES WARE
www.CharlesJeromeWare.com. "Here to make a difference." We can help you. Guaranteed.
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.

Wednesday, November 26, 2014

D.C. AND MARYLAND COSMETIC SURGERY RISKS--SURGERY MALPRACTICE ATTORNEYS

www.CharlesJeromeWare.com. "Here to make a difference."
All surgical procedures carry some amount of risk.
When a patient undergoes surgery, they are typically informed about the inherent dangers associated with the procedure. In most cases, the surgeon and medical team performing the procedures are highly skilled, properly trained and experienced enough to perform the surgery without committing errors. But not all surgeries are successful, and in some cases, surgical errors lead to permanent injury or even death.
In this article, we'll spotlight a few key issues when it comes to medical malpractice lawsuits over elective or cosmetic surgery.

A. Cosmetic Surgery Injuries and Errors:

It is estimated that there are over two million cosmetic surgeries performed each year in the United States and another 10 million minimally invasive procedures done.
The general risks for all cosmetic procedures include:

infection
allergic reaction and other complications from anesthesia
hematoma or blood clotting under the skin
scarring
drop in blood pressure
necrosis (insufficient supply of oxygen causing death of tissue)
nerve damage, and
death due to severe complications

B. Popular Elective Surgery Procedures and Risks Include:

(1) Liposuction—The removal of fat deposits often performed on the abdomen, buttocks, hips, thighs, and upper arms. The risks of this procedure may include fluid loss, swelling, bruises, scars, and a numbing of the skin.
(2) Rhinoplasty—The reshaping of the nose to make it bigger, smaller or to narrow the span of the nostrils or change the angle between the nose and upper lip. Specific risks include recurring nosebleeds, difficulty breathing through the nose and numbness in and around the nose.
(3) Breast Augmentation—The enlarging of a woman’s breasts using saline or silicone-filled implants. Implants can break or rupture and some women experience hardening of the breasts which may require additional surgery.
(4) Eyelid Surgery—Drooping upper eyelids and bags below the eyes are corrected by removing extra fat, muscle, and skin. Specific risks include retinal detachment and ectropian (drooping effect causing the lower lid to invert) which both require additional surgery to correct.
(5) Tummy Tuck—The abdomen is flattened and extra fat and skin is removed while abdominal muscles are tightened. Wound healing is extremely slow and permanent numbness of the abdomen may occur.
(6) Face Lift—Excess fat is removed and muscles are tightened before the skin is redraped, resulting in tighter skin on the face and neck. Injury to the nerves that control facial muscles, and skin discoloration may occur.
(7) Dermabrasion—Wrinkles and facial blemishes are rubbed out scraping away the top layers of skin, leaving softer and newer layers. The most common complication is the formation of keloid, a type of abnormal scar that results from excessive collagen production.
(8) Hair Transplants—A surgical procedure in which tiny patches of scalp are removed from the back and sides of the head and implanted in the bald spots in the front and top of the head. The major downside of this procedure is more cosmetic than health-related: the grafted area does not look the way the patient expected it to look.
(9) Breast Reduction—Both men and women may elect to have this procure. A condition called gynecomastia causes some men to develop breasts that resemble women’s. Women may choose to have breast reduction surgery to alleviate discomfort or to achieve a breast size in proportion with their body. The risks may include loss of sensation in the nipples and areola, scarring, the inability to breastfeed, and breasts may not be symmetrical in size and shape after surgery.
(10) Lip Augmentation—The surgeon hollows out a portion of the lip and inserts an implant to give the lips a more full appearance. The specific side effects of lip augmentation include lumping, scarring, numbness, cold sores, and asymmetrical lips.

C. Pre-Operative Evaluation:

Prior to performing any kind of surgery, a doctor should fully evaluate the patient’s current health and medical history, use of medications, alcohol, tobacco and their family history. Surgeons who perform elective surgery should also have a thorough understanding of the patient’s aesthetic goals.

D. Liability of the Doctor:

Like any other health care professional, plastic surgeons must exercise a high degree of medical competency and care when treating patients. Failure to provide the level of skill, care, and treatment that a reasonable plastic surgeon would provide under similar circumstances may rise to the level of medical malpractice. This is defined as treatment that doesn’t meet accepted medical standards, and which causes injury to the patient. By law, a surgeon must disclose the most common known dangers of surgery and the likelihood that they will occur.

E. Filing a Medical Malpractice Lawsuit:

Plastic surgery errors can leave a patient with lifelong complications. The victim may require numerous corrective surgeries and experience disfigurement, lost income, chronic pain and psychological difficulties. To successfully sue for medical malpractice, you must be able to show:

the existence of a surgeon/patient relationship
that the surgeon failed to act with the level of skill and care that a reasonably competent surgeon would have provided under similar circumstances
that the plaintiff suffered injuries as a result of that failure, and that
the damages were caused by the breach of duty

F. The Statute of Limitations:

Every state has laws that limit the amount of time a plaintiff has to file a claim for damages. This is known as the statute of limitations, and the law varies in each state. Typically, the timeframe can range from one to five years from the time the medical malpractice occurred, or when the malpractice was discovered.

G. Potential For Jury Prejudice in Cosmetic/Elective Surgery Cases:

While juries are instructed to follow the strict letter of law and available evidence when deliberating a case, it’s human nature to bring bias into the equation. When it comes to elective medical procedures, jurors may bring prejudice against the patient into the deliberation room. “She shouldn’t have done the surgery in the first place”, or “he didn’t need that procedure done”, or “this could have been avoided if she was happy with the body she had”. These are all common views that anyone might have about a patient undergoing plastic surgery. And anyone can become a juror.
The defense in a cosmetic surgery malpractice case is well aware of this fact, and will use it to minimize the pre-trial settlement offers. In these cases, an experienced medical malpractice lawyer can mean all the difference.
[For questions or an initial courtesy consultation, call nationally-respected and premier medical malpractice attorney Charles Jerome Ware at (410) 720-6129 or (410) 730-5016]

THE DARK SIDE OF COSMETIC PROCEDURES: MARYLAND & D.C. AREA

www.CharlesJeromeWare.com. "Here to make a difference."
Cosmetic and plastic surgery procedures are enormously popular in the United States. But, they are in fact "surgery", and therefore subject to mistakes, risks, and complications. And, subject to emotional trauma and distress.
In Italy in 2013, about 16% of cosmetic and plastic surgery procedures had to be done again in order to repair the damage of previous operations. In about 32% of those cases, the patients returned to the same doctors who operated on them the first time, while the remaining 68% majority chose to opt for a different doctor. These figures are probably similar for the United States today, and we are talking about real doctors.
Cosmetic and plastic surgery procedures are not just about changing one's physical appearance, they are also ways to improve a person's self-image and increase their confidence. If a cosmetic or plastic surgery error compromises the patient's procedure, it can leave the victim with a physical handicap and in severe emotional and psychological distress.
Though enormously popular throughout the public --- and frequently chosen by the patient, electively --- cosmetic and plastic surgery procedures can have pitfalls. It is no accident that cosmetic and plastic surgeons actually pay more generally than the average doctor for malpractice insurance, since accidents can and do happen with these procedures.
Some of those accidents can include:
Excessive scarring. Cosmetic procedures are designed to minimize any evidence that the procedure has been done, but a miscalculation or imprecise work on the doctors part could leave you with visible or painful scars
Nerve damage. While plastic surgery is typically limited to the skin and fat cells beneath, mistakes can do permanent damage to the nerves at the surface, particularly in your face
Anesthesia errors. Your anesthesiologist needs to carefully measure your dosage of anesthetic throughout your procedure, or else you could wake up on the operating table or suffer brain damage from an overdose
Incorrect medications. After your surgery, your doctor will prescribe you medicine to help prevent infection and manage pain, but if they don’t make the right prescription, you can be put in danger or made to suffer unnecessarily
Wrongful death: In the worst case, a surgery gone wrong can put the body through severe trauma, even resulting in the death of a patient
[Charles Jerome Ware is a premier Maryland and D.C.-based medical malpractice attorney. If you have questions or desire an initial courtesy consultation, call him at (410) 720-6129 or (410) 730-5016]

MARYLAND MARRIAGE, ANNULMENT & DIVORCE ("MMAD")

www.CharlesJeromeWare.com. "Here to make a difference."
I. Marriage in Maryland is considered a civil contract between the parties and not a sacrament, although the law regards it with a sanctity which is not attributed to any other kind of contract. The Maryland Court of Appeals reaffirmed this holding and view as far back as 1943, stating "...on the theory that the public has a direct interest in [marriage] as an institution of transcendent importance to social affairs" [Behr v. Behr, 181 Md. 422, 426, 30 A.2d 750 (1943); Fornshill v. Murray, 1 Bland 479, 18 Am. Dec. 344].
The requirement that a religious ceremony be superadded to the civil contract existed in Maryland until 1963. By statute, marriages may now be performed by the clerk of a circuit court or a deputy clerk appointed by the administrative judge of the circuit court [Dennison v. Dennison, 35 Md. 361, 379 (1872); Maryland Laws 1963, Ch. 406].
II. Annulments are hard-pressed to be granted in the state of Maryland. An "annulment" differs conceptually from a "divorce" in that a divorce terminates a legal status of marriage, whereas an annulment establishes that a marital status never existed [Sackman v. Sackman, 236 Md. 237, 240, 203 A.2d 903 (1964)]. The rule in Maryland has long been that a marriage procured through fraud may be avoided in the exercise of the inherent power of a court of equity to reform and rescind contracts. This inherent power refers to the authority of a court to grant an annulment separate and apart from any statute authorizing the granting of a divorce or annulment [Holland v. Holland, 224 Md. 449, 452, 168 A.2d 380 (1961); Towsend v. Morgan, 193 Md. 168, 174, 63 A.2d74 (1949); Family Law Code Ann. §1-201(a)(3), Cts. & Jud. Proc. Code Ann. §3-603(a); comments and casenotes, Annulment Jurisdiction Clarified, 9 Md. L. Rev. 63 (1948)].
III. Divorce
Grounds for Divorce in the State of Maryland:

Adultery
Desertion for 12 continuous months
Separation for 12 continuous months
Conviction of a felony or a misdemeanor with incarceration for at least one year (under sentence of three or more years)
Insanity with the spouse institutionalized for at least three years and the insanity is incurable
Cruelty of treatment
Excessively vicious conduct

1. A party can file for an absolute divorce on the grounds of adultery or excessively vicious conduct or cruelty of treatment while they are still living together.

2. An uncontested divorce is when a party and their spouse agree to divorce and the issues related to the marriage are resolved. The parties would use the assistance of an attorney to draft a legal document often referred to as a Separation Agreement that memorializes their agreement.

3. A contested divorce means that issues in the case are disputed. A contested divorce can be time consuming, complicated, and expensive. When the issues are resolved, the divorce then becomes uncontested and a final divorce may be obtained.

IV. Adultery

To prove adultery in the State of Maryland, you must prove that your spouse had the “opportunity” and “disposition” to commit adultery. “Opportunity” may be shown through a spouse spending time alone with a significant other in a hotel, residence or other such place and “disposition” may be demonstrated through public display of affection or some form of intimate correspondence.

Adultery is a misdemeanor crime in the State of Maryland, and thus, a party can plead the 5th Amendment and refuse to answer questions about adultery. The two defenses to adultery are condonation or recrimination. The criminal fine for adultery in Maryland is $10.

Adultery may allow for an immediate divorce, without a period of separation.

V. Limited Divorce

A limited divorce grants spouses the right to live separate and apart from one another, but the parties remain Husband and Wife. A limited divorce may be granted by the court for religious or financial purposes when parties do not have the grounds for an absolute divorce.

The Court can decide custody, support, use and possession of the home and personal property at a limited divorce hearing. The Court CANNOT divide the marital property or order the sale of jointly owned real property.

VI. Residential Issues

If the home is a marital home, even if rented or titled in one party’s name, a party cannot force the other party to leave the home as both spouses have equal right to live in the marital residence.

However, under circumstances of domestic violence, the Court can order a party to leave the home for a specified period of time to protect a party and/or child. The Court can also award use and possession of the family home and the contents to the custodial parent and require the other party to leave the premises during the use and possession period.

At the time of divorce, the Court can either order the sale of the home, transfer of the home to one spouse, or award the custodial parental use and possession of the home for up to three years. Upon termination of said use and possession order, the home can be sold or transferred to one party with a buyout of equity.

VII. Filing for Divorce

A party can file for divorce in Maryland if they or their spouse have resided in Maryland for at least one year prior to the filing of the complaint for divorce or if the grounds for divorce occurred in the State of Maryland.

A party must be a resident of Maryland when the complaint is filed. Such residency is determined by the person’s intent, i.e. where they vote, set up their home, have a driver’s license or obtain employment.

VIII. Pendente Lite

“Pendente lite” is a term used in Maryland for “pending litigation” and is a hearing whereby temporary relief can be granted by the Court to spouses while their divorce litigation is pending. The Court may award temporary relief to either of the parties such as visitation, child support, alimony, attorney’s fees, litigation costs, maintenance of health insurance and use and possession of the family home at the hearing. The Court cannot divide marital property or order a sale of assets. A pendente lite order remains in effect until the parties’ reach a final resolution or the trial judge issues a final order.

The common practice in most counties in Maryland is that the pendente lite hearing is heard before a Family Law Master in the Circuit Court, who makes recommendations to a judge. A Family Law Master hears only family law matters. Either party may file exceptions (a form of appeal) if they disagree with the Master's recommendations. Exceptions are ruled upon by a Judge.
[Family law attorney Charles Jerome Ware is headquartered in Columbia, Howard County, Maryland. For questions or an initial courtesy consultation, contact him at (410) 720-6129 or (410) 730-5016, or email him at charlesjeromeware@msn.com]

Tuesday, November 25, 2014

The Lawyer's Mailbox: CANNABIS AND CARS IN MARYLAND: "BEST 10" DEFENSE A...

The Lawyer's Mailbox: CANNABIS AND CARS IN MARYLAND: "BEST 10" DEFENSE A...: www.CharlesJeromeWare.com . "Here to make a difference." Whether in your car or home, etc., effective October 1, 2014, possessio...

The Lawyer's Mailbox: BP LAWYERS BERATED FOR SPACE-CHEATING BRIEF COLLEG...

The Lawyer's Mailbox: BP LAWYERS BERATED FOR SPACE-CHEATING BRIEF COLLEG...: www.charlesjeromeware.com " Here to make a difference." A United States District Court judge, Carl Barbier, has &...

The Lawyer's Mailbox: The Lawyer's Mailbox: BP LAWYERS BERATED FOR SPACE...

The Lawyer's Mailbox: The Lawyer's Mailbox: BP LAWYERS BERATED FOR SPACE...: The Lawyer's Mailbox: BP LAWYERS BERATED FOR SPACE-CHEATING BRIEF COLLEG... : www.charlesjeromeware.com " Here to ma...

The Lawyer's Mailbox: OBAMA IMMIGRATION ORDER: Former IJ Charles Ware's ...

The Lawyer's Mailbox: OBAMA IMMIGRATION ORDER: Former IJ Charles Ware's ...: www.CharlesJeromeWare.com . "Here to make a difference." Attorney Charles Jerome Ware was formerly the youngest Immigration Judg...

The Lawyer's Mailbox: SARBANES-OXLEY GOES FISHING ABOARD "MISS KATIE" FO...

The Lawyer's Mailbox: SARBANES-OXLEY GOES FISHING ABOARD "MISS KATIE" FO...: www.CharlesJeromeWare.com . SCOTUS (Supreme Court of the United States), on November 5th, 2014, heard oral arguments in the case of John L....

The Lawyer's Mailbox: AUTO INJURY CASES A TO Z: MARYLAND "BEST 10" ATTOR...

The Lawyer's Mailbox: AUTO INJURY CASES A TO Z: MARYLAND "BEST 10" ATTOR...: www.CharlesJeromeWare.com . "Here to make a difference." One of the key truths to learn about automobile accident injury cases i...

The Lawyer's Mailbox: FORENSIC SCIENCE AND MARYLAND---MARYLAND "BEST 10"...

The Lawyer's Mailbox: FORENSIC SCIENCE AND MARYLAND---MARYLAND "BEST 10"...: www.CharlesJeromeWare.com . "Here to make a difference." Generally, and generically speaking, "forensic science" is th...

FORENSIC SCIENCE AND MARYLAND---MARYLAND "BEST 10" DEFENSE ATTORNEY CHARLES WARE

www.CharlesJeromeWare.com. "Here to make a difference."
Generally, and generically speaking, "forensic science" is the study, training and application of scientific techniques to matters and issues of law; the goal being to provide new tools and methodologies for determining the facts and discovering the "truth."
The field of "forensic law" includes the use of forensic science in providing accurate, timely, and complete information to all levels of decision-making in the criminal justice system.
The word "forensic," by the way, comes from the Latin word "forensic" which means forum, a public place where, in ancient Roman times, senators and others held debates and judicial proceedings.
In the state of Maryland, a large amount of the forensic science performed in criminal cases is done by the Maryland State Police Forensic Sciences division of the Criminal Investigation Bureau [http://msa.maryland.gov/forensicsciences]. There are a few local police forensic science divisions in police departments such as Anne Arundel County and Montgomery County, as well. From DNA evidence and fingerprints to auto collision reconstruction, these units investigate occurrences in Maryland.
A recently famous Maryland forensic science went all the way to the Supreme Court of the United States (SCOTUS):
Abstract:
In Maryland v. King, 133 S. Ct. 1958 (2013), the Supreme Court held that Maryland’s statute requiring DNA samples from individuals arrested for crimes of violence or burglary did not violate the Fourth Amendment. One factor in the Court’s analysis is the extent to which the forensic DNA profiles invade medical privacy. The majority stated that “[t]he argument that the testing at issue in this case reveals any private medical information at all is open to dispute.” With respect to this dispute, eight scientists and two law professors filed a brief in support of neither party seeking to explain what current science tells us about the information conveyed by the thirteen short tandem repeats known as “CODIS markers,” the variations in DNA generally used in the United States for forensic identification. This publication consists of the core of the brief along with a foreword about the continuing legal significance of the issue.

Forensic science is a multidisciplinary subject used for probing crime scenes and gathering evidence to be used in prosecution of offenders in a court of law. Forensic science techniques are also used to examine compliance with international agreements regarding weapons of mass destruction. The main areas used in forensic science are biology, chemistry, and medicine, although the science also includes the use of physics, computer science, geology, and psychology.
Forensic scientists examine objects, substances (including blood or drug samples), chemicals (paints, explosives, toxins), tissue traces (hair, skin), or impressions (fingerprints or tidemarks) left at the crime scene.

Forensic science has undergone dramatic progress in recent years, including in the area of DNA collection and analysis and the reconstruction of crime scenes. However, only a very few professionals are equipped with the knowledge necessary to fully apply the potential of science in civil, criminal, and family legal matters.

ABOUT ATTORNEY CHARLES WARE

AUTO INJURY CASES A TO Z: MARYLAND "BEST 10" ATTORNEY CHARLES WARE

www.CharlesJeromeWare.com. "Here to make a difference."
One of the key truths to learn about automobile accident injury cases is that each and every case is unique. No matter how similar these cases may appear, no two are the same. Gathering carefully the specific facts in each case is absolutely critical. For example:

Get or take your own pictures.
Contact witnesses (and potential witnesses) early.
Contact and communicate with healthcare providers soon after the accident.
Rarely does allowing your client to give a recorded statement to the opposing insurance aid the client's case.
Clients discussing their auto accident cases on social media such as Facebook, Twitter, Instagram, etc., is generally not helpful to their cases.
Similar to 4 and 5, supra, the physical therapist should not be considered the client's friend or buddy. Inform the physical therapist no more than you would inform the doctor about your injury. Though not doctors, physical therapists are also not beauticians and barbers to chit chat with.
Always report subsequent injuries to your treating doctors.
The client must be able to communicate and articulate his or her injuries appropriately and accurately. No exaggeration and no undermining of the injuries suffered.
The client should always appear for medical or treatment appointments. Non-appearances can and will be argued against the client by the opposing insurance company.
The plaintiff/victim's prior medical history must be verified.

[more coming]
www.CharlesJeromeWare.com. "Here to make a difference." We can help you. Guaranteed.
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.

SARBANES-OXLEY GOES FISHING ABOARD "MISS KATIE" FOR RED GROUPER: MARYLAND "BEST 10" ATTORNEY REPORT

www.CharlesJeromeWare.com.
SCOTUS (Supreme Court of the United States), on November 5th, 2014, heard oral arguments in the case of John L. Yates, Petitioner v. United States of America, Respondent, concerning the federal prosecution of a Florida fisherman (John L. Yates) for allegedly violating the Sarbanes-Oxley Act of 2002 for throwing 3 statutorily-undersized red grouper fish back into the Gulf of Mexico.
Yates was convicted below of violating the Act, a federal law-aimed at white-collar crime. The Act imposes a maximum sentence of 20 years for the destruction of "any record, document, or tangible object" in order to obstruct an investigation.
This interesting case arose from a 2007 law enforcement search of a fishing boat ("Miss Katie") owned by Mr. Yates. A Florida wildlife field officer, John Jones, boarded the boat at sea and observed fish that seemed less than the authorized 20 inches long, which was under the minimum legal size of red grouper at the time.
Officer Jones and a federal deputy measured the fish and placed the 72 he deemed too small in a crate. He then issued a citation to Mr. Yates and instructed Mr. Yates to take the crate directly to port for seizure.
Mr. Yates, though, threw the fish overboard after the officers left the scene and he had his crew replace them with larger ones. A second inspection by the officers in port, however, found only 69 (instead of 72) undersized fish and aroused immediate suspicion. A crew member of the "Miss Katie" eventually informed law enforcement officers what had happened.
The three missing fish were considered part of the violation of the Sarbanes-Oxley Act.
www.CharlesJeromeWare.com. "Here to make a difference." We can help you. Guaranteed.
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.

OBAMA IMMIGRATION ORDER: Former IJ Charles Ware's Analysis

www.CharlesJeromeWare.com. "Here to make a difference." Attorney Charles Jerome Ware was formerly the youngest Immigration Judge (IJ) in the history of the United States. For questions or an initial consultation, contact him at (410) 720-6129 or (410) 730-5016, or email former IJ Charles Ware at charlesjeromeware@msn.com.
President Barack Obama's Executive Order announced last evening (Thursday, 11-20-2014) provides legal-worker status to millions of currently undocumented immigrants already in the United States. As I study and analyze the potential impact of the President's Executive Order, I am reminded of a similar Ronald Reagan president-era 1986 Immigration Reform and Control Act, which allowed about 1.7 million undocumented immigrants to become lawful permanent residents and roughly one million farm workers to apply for higher levels of legal status.
[see, "The Immigration Reform and Control Act of 1986" (IRCA), p. 104, The Immigration Paradox: 15 Tips for Winning Immigration Cases (Book)]
In my best-selling book, The Immigration Paradox, I summarize the 1986 IRCA as follows:
The Immigration Reform and Control Act of 1986
A perceived need to curtail or halt "illegal immigration" moved Congress to enact a new law in 1986: the Immigration Reform and Control Act (IRCA) of 1986, also known as the "Simpson-Mazzoli Act." This Act was signed into law by President Ronald Reagan on November 6, 1986.
In a nutshell (pardon the pun), the Act toughened criminal sanctions against employers who hired "illegal aliens," denied "illegal aliens" federally-funded welfare, and it legitimized some aliens through an amnesty program [see, Chapter 16: "What is an 'Illegal Alien', exactly?," supra].
The 1986 Reagan Republican IRCA law was far more legally-reaching than President Obama's executive order. It had an almost instantaneous impact on the labor market.
Federal data showed that immigrants in farming and sales jobs were the most likely to move to higher-paying work in different industries.
By the time they became naturalized in the early 1990s, just 4% of farm workers were in the same industry, while roughly a quarter of those workers had shifted over to construction and other laborer jobs with better pay, according to a study published in 2002 by the federal agency that handled immigration policy.
Other workers, though, were less likely to move. One-third of undocumented immigrants who worked in service-sector or professional, managerial and technical jobs stayed in their sector even after becoming naturalized.
Economists and politicians have widely different views on what impact Mr. Obama’s executive order will have on the labor market and the economy, with much depending on the details he puts forward.
President Obama's Executive Order
1. Protecting Parents: The executive order will protect from deportation 3.7 million parents of U.S. citizens or lawful permanent residents who have lived in the U.S. for more than five years, according to an estimate from the Migration Policy Institute. They will be eligible to enroll in a program providing temporary relief from deportation and authorization to work. They will need to register with the government, pass background checks and pay taxes.
2. More Dreamers: The White House said 270,000 more people will be eligible to enroll in the Deferred Action for Childhood Arrivals program, which will be extended to include people brought to the U.S. as children before 2010-the previous deadline was June 15, 2007-and will eliminate the age cap, which had been 31.
3. Timing: The White House said the Customs and Immigration Service, which will administer the program, won't begin taking applications until early 2015.
According to the Wall Street Journal (Friday, 11-21-2014, A5), the Executive Order is expected to "give more than four million illegal immigrants the chance to apply for work permits and a temporary reprieve from deportation."

Wednesday, November 19, 2014

The Lawyer's Mailbox: CANNABIS AND CARS IN MARYLAND: "BEST 10" DEFENSE A...

The Lawyer's Mailbox: COSMETIC vs. PLASTIC SURGERY: MARYLAND & D.C. MED....

The Lawyer's Mailbox: COSMETIC vs. PLASTIC SURGERY: MARYLAND & D.C. MED....: www.CharlesJeromeWare.com . "Here to make a difference." For an initial courtesy consultation, call medical malpractice attorney...

The Lawyer's Mailbox: COSMETIC/PLASTIC SURGERY MED. MAL. QUESTIONS: MARY...

The Lawyer's Mailbox: COSMETIC/PLASTIC SURGERY MED. MAL. QUESTIONS: MARY...: www.CharlesJeromeWare.com . "Here to make a difference." The following are a few of the frequently asked questions I am called u...

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The Lawyer's Mailbox: MARYLAND MEDICAL MALPRACTICE ACCIDENT CLAIMS: Atto...

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The Lawyer's Mailbox: CANNABIS AND CARS IN MARYLAND: "BEST 10" DEFENSE A...

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CANNABIS AND CARS IN MARYLAND: "BEST 10" DEFENSE ATTORNEY

www.CharlesJeromeWare.com. "Here to make a difference."
Whether in your car or home, etc., effective October 1, 2014, possession or use of less than 10 grams of cannabis (marijuana) became no longer a criminal offense. In Maryland, decriminalization has replaced criminal penalties with civil penalties for possession of up to 10 grams of marijuana [Md. Code Ann. Criminal Law §5-601; §5-601.1]
A. Court appearances and drug treatment
Under the new law, even though the possession of up to 10 grams of marijuana is not a criminal offense, violators who are under the age of 21 must appear in court and may be ordered to drug treatment. Violators who are 21 or older must appear in court after a third offense, and may be ordered into drug treatment.
B. Possession of paraphernalia still a criminal offense
Even though the new law decriminalizes possession of small amounts of marijuana, it is still a criminal offense to possess paraphernalia used to store or smoke marijuana. These items can include small plastic baggies, bongs, pipes, rolling papers, vaporizers and other items used to deliver the marijuana into the body. Possession or use of paraphernalia in a drug context can lead to a further police search of persons, belongings, or cars [Md. Code Criminal Law §5-619].
www.CharlesJeromeWare.com. "Here to make a difference." We can help you. Guaranteed.
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.

Monday, November 17, 2014

MARYLAND MEDICAL MALPRACTICE ACCIDENT CLAIMS: Attorney Charles Jerome Ware

www.CharlesJeromeWare.com. "Here to make a difference." For an initial courtesy consultation, call us at (410) 720-6129 or (410) 730-5016, or email us at charlesjeromeware@msn.com.
In Maryland, medical malpractice or negligence occurs when a medical professional performs his or her duties below the recognized standards of care, resulting in injury or the death of a patient. If you or a family member is injured because of medical negligence, you need to consult a Maryland medical malpractice lawyer to determine your eligibility for legal compensation. The lawyers at Charles Jerome Ware, LLC, are medical malpractice attorneys with offices in Columbia, Maryland. We have been providing the residents of Maryland and D.C. with comprehensive legal services, including medical malpractice, for over 35 years.
Why do you need a legal malpractice lawyer? There is a rising number of cases of wrong prescriptions, injuries while inside the hospitals, and wrong or failed surgical procedures. You need Maryland medical malpractice attorneys if you want yourself or your loved ones in these statistics.
Your Maryland medical malpractice attorneys have been trained to handle a lot of medical malpractice issues. We make sure that our medical malpractice lawyer and dental malpractice attorney is well trained, knowledgeable, and updated of the changes in the field. This is to ensure that our medical malpractice lawyer can remain competitive. Moreover, our legal malpractice lawyer can really provide exceptional service to our clients.
Charles Jerome Ware, LLC's legal practice areas include medical and dental malpractice, failure to diagnose, cosmetic surgery errors, anesthesia malpractice, medication injury, elder neglect, and emergency and surgery room errors. Our Maryland medical malpractice attorneys are qualified to negotiate with insurance companies, and handle complex forms of malpractice litigation. Every legal malpractice lawyer at Charles Jerome Ware, LLC, has extensive litigation experience. Our law firm has a record of winning substantial legal settlements on behalf our clients. In addition to medical malpractice, Charles Jerome Ware, LLC, has a qualified dental malpractice attorney available for clients with oral health injuries.
Moreover, the clients of our Maryland medical malpractice attorneys can look forward to the following
Our medical malpractice lawyer can help you file claims. Our medical malpractice lawyer will ensure that you can obtain the maximum value of the damages you or your loved one incurred. The Maryland medical malpractice attorneys can teach you where to look for evidence and what information to give to the insurance companies.
2. Maryland medical malpractice attorneys specialize in a number of fields. Our medical malpractice lawyer and dental malpractice attorney can work on the following cases:

(a) wrong diagnosis
(b) medication malpractice
(c) emergency room errors
(d) surgical errors

We also have legal malpractice lawyers for the following:

(a) neglect in nursing homes
(b) anesthesia malpractice
(c) cosmetic surgery errors

Our dental malpractice attorney will take care of all cases related to oral health.
This way, if you want to file several different complaints, you really do not have to look for another medical malpractice lawyer.
You can obtain free assessment of your case. With our Maryland medical malpractice attorneys, you do not have to spend a cent just to have your case evaluated through an initial consultation. All you need to do is to fill out the form that you can find in our website. You can also go to the Contact Us page. A legal malpractice lawyer will be the one to answer your queries and issues. A medical malpractice lawyer is also available to sit down with you so we can talk about the details of your case intently.
There is no need to pay our medical practice attorney for the initial consultation. Our medical malpractice lawyer does not ask any amount of money from you-that is for sure. The fees of our Maryland medical malpractice attorneys will be duly covered by the insurance companies. What our legal malpractice lawyer needs from you is your full cooperation. The medical malpractice lawyer can take care of the rest.
The claim may never alter the harm done to you or your loved ones, but we, your Maryland medical malpractice attorneys, believe that they will be helpful to ensure that you can definitely move forward. Consider it, too, as the ultimate gift for yourself as the victim or the aggrieved loved one.

COSMETIC SURGERY ERRORS-MARYLAND MEDICAL MALPRACTICE ATTORNEYS

www.CharlesJeromeWare.com. "Here to make a difference."

Cosmetic Surgery Errors

Maryland Medical Malpractice Lawyer

When someone goes in for routine cosmetic surgery, the last thing that they expect to happen is serious injury. However, even in minor cosmetic surgeries, there is a risk of injury or illness if the surgeon and staff are not careful. If you have suffered illness or injury as a result of cosmetic surgery gone awry, contact a Los Angeles medical malpractice attorney from our firm today.
One of the most common difficulties in cosmetic surgery is an anesthesia error. If too much anesthesia is given to a patient, it can lead to a permanent, debilitating brain injury, or even a wrongful death claim. Any number of surgical errors can occur during a cosmetic surgery, from having the wrong surgical procedure performed on you, to infection, to having a tool left behind after surgery. When something like this happens, it may seem daunting to try and seek legal action against the responsible parties, especially if you are recovering from the injury or illness that was sustained. However, you may find it necessary to do so, especially as you will be faced with huge medical bills for the treatments that were required as a result of the error. An experienced medical malpractice attorney can aggressively fight your case, so that you can rest easy during your recovery knowing that you may be getting the money you need through a settlement or court judgment.

Medical Malpractice Attorney Serving Maryland and D.C.

At CHARLES JEROME WARE, LLC, we understand how difficult it can be pursuing a medical malpractice claim when you are injured or sick. Similarly, if someone you love passed away due to a surgical error, seeking compensation may be the last thing on your mind. Our firm has over 40 years of experience in medical malpractice cases, and we can help make the legal process easy on you, by bringing our expertise and experience to your case. Our track record speaks for itself.
Contact a Maryland medical malpractice attorney today if you or a loved one suffered injury or illness during cosmetic surgery. Call us at (410) 720-6129 or (410) 730-5016, or email us at charlesjeromeware@msn.com.

IMPLICATIONS OF THE SCOTUS "HEIEN" CASE ON DUI CASES: MARYLAND "BEST 10" ATTORNEY CHARLES WARE

www.CharlesJeromeWare.com. "Here to make a difference."
The Supreme Court of the United States has heard oral arguments in and will rule on the 4th Amendment case of HEIEN v. North Carolina in 2015. The ruling, either way, will have significant implications for many types of criminal cases and particularly DUI and DWI (Drunk Driving) cases, as well as drug cases.
In the Heien case, a law enforcement officer pulled over a vehicle in which Nicholas Heien was a passenger, (see, State v. Heien, 737 S.E. 2d351, 352 (N.C. 2012). The officer (Sgt. Matt Darisse of the Surry County, N.C. Sheriff's Department) claimed he initiated the stop because one of the rear brake lights was not working properly on the vehicle.
While speaking to Heien and the driver of the vehicle (Maynor Javier Vazquez) during the stop, the officer became "suspicious" of the young men because Vazquez and passenger apparently gave inconsistent stories about their destination. Upon receiving consent from vehicle's owner, Heien, the officer searched the car and found a sandwich bag containing cocaine.
After discovering the cocaine, officer Darisse placed both Vazquez and Heien under arrest and charged them with trafficking cocaine. Heien in his defense sought to suppress the evidence that had been taken from his car, arguing that the initial traffic stop was unreasonable under the Fourth Amendment to the U.S. Constitution because the officer had misinterpreted the law.
As a matter of first impression, an appellate court determined that the relevant statutes require vehicles to have at least one working brake light (which Heien’s car had) and ruled that the search of Heien’s car was unconstitutional. The Supreme Court of North Carolina reversed, finding that the traffic stop did not violate the Fourth Amendment since the officer’s mistake was objectively reasonable.
In Brinegar v. United States (1949), the Supreme Court explained that police officers must be given some room for operating under mistaken facts—as long as they are reasonable. For example, in Maryland v. Garrison (1987), police officers obtained a warrant to search Lawrence McWebb’s apartment on the third floor of a building without realizing there were two apartments on that floor. The Supreme Court upheld the search of Harold Garrison’s apartment on that floor (where evidence of criminality was uncovered), noting that the officers’ mistake of fact as to which apartment was covered by the warrant was objectively reasonable.
North Carolina argues that the same logic applies to mistakes of law, but Heien maintains that the reasonable suspicion standard leaves no room for an officer’s mistaken interpretation of the law.
[see, http://www.law.cornell.edu/supct/cert/13-604/Heien v. North Carolina; http://www.nccourts.org/courts/Apellate/Supreme/Default.asp/Heien v. North Carolina; www.scotus-blog.com/case-files/cases/heien-v-northcarolina]
www.CharlesJeromeWare.com. "Here to make a difference." We can help you. Guaranteed.
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.

2014-2015 SCOTUS CRIMINAL 4TH AMENDMENT CASE: REVIEW BY MARYLAND ATTORNEY CHARLES WARE OF:

HEIEN v. NORTH CAROLINA, Docket 13-604

www.CharlesJeromeWare.com. "Here to make a difference."

[The information discussed herein is not intended nor designed to be legal advice]

The Supreme Court of the United States ("SCOTUS") ordinarily reviews between 70 and 80 cases each term (a year). The following is one of the Court's chosen 2014-2015 cases on review. It involves the important issue of unreasonable searches and seizures under the Fourth Amendment. The criminal case under review is HEIEN v. NORTH CAROLINA, Docket No. 13-604, Argument: October 6, 2014, SCOTUS:

Issue: Can a police officer's misinterpretation of the law provide the reasonable suspicion necessary to justify a traffic stop?

Court below (Supreme Court of North Carolina) held:

On April 29, 2009, Sergeant Matt Darisse arrested Nicholas Heien in North Carolina after a traffic stop that Darisse initiated based on his misinterpretation of relevant state statutes. When Heien tried to exclude evidence that resulted from the traffic stop during his subsequent trial, the trial court denied his request.

The North Carolina Court of Appeals reversed the trial court’s decision, holding that an officer cannot justify a traffic stop when a mistake of law serves as the primary justification for the stop. In December 2012, the North Carolina Supreme Court overturned the appellate court’s ruling.

The Supreme Court of the United States will now consider whether a police officer’s mistake of law can serve as the requisite reasonable suspicion needed for a constitutional traffic stop.

Heien argues that allowing police officers to base traffic stops on misinterpretations of the law would violate the Fourth Amendment rights of those stopped.

North Carolina, however asserts that just as police officers can execute constitutional traffic stops by relying on reasonable mistakes of fact, a police officer can justify a stop if it is based on a reasonable but mistaken interpretation of a statute.

The Court’s ruling implicates the Fourth Amendment practices of law enforcement, the right to privacy of individuals, and the right of individuals to be free from restraint.

Discussion: The Fourth Amendment protects individuals from unreasonable searches and seizures. “Reasonableness” is the lodestar for courts assessing the constitutionality of warrantless searches and seizures made by the police. Consistent with the Fourth Amendment, a police officer may make a traffic stop if he has a reasonable suspicion that a law is being violated. However, what happens if the officer’s suspicion is based on a mistaken view of the law?

A police officer stopped Nicholas Heien after noticing that one of his brake lights was out. North Carolina law requires that vehicles must have “a stop lamp” and that “rear lamps” must be in working condition. After asking Heien some questions and checking his license and registration, the officer asked to search the vehicle and found a baggie of cocaine. Heien was charged with trafficking cocaine and sought to suppress the evidence that had been taken from his car, arguing that the initial traffic stop was unreasonable because the officer misinterpreted the law.
As a matter of first impression, an appellate court determined that the relevant statutes require vehicles to have at least one working brake light (which Heien’s car had) and ruled that the search of Heien’s car was unconstitutional. The Supreme Court of North Carolina reversed, finding that the traffic stop did not violate the Fourth Amendment since the officer’s mistake was objectively reasonable.
In Brinegar v. United States (1949), the Supreme Court explained that police officers must be given some room for operating under mistaken facts—as long as they are reasonable. For example, in Maryland v. Garrison (1987), police officers obtained a warrant to search Lawrence McWebb’s apartment on the third floor of a building without realizing there were two apartments on that floor. The Supreme Court upheld the search of Harold Garrison’s apartment on that floor (where evidence of criminality was uncovered), noting that the officers’ mistake of fact as to which apartment was covered by the warrant was objectively reasonable.
North Carolina argues that the same logic applies to mistakes of law, but Heien maintains that the reasonable suspicion standard leaves no room for an officer’s mistaken interpretation of the law.
[see, http://www.law.cornell.edu/supct/cert/13-604/Heien v. North Carolina; http://www.nccourts.org/courts/Apellate/Supreme/Default.asp/Heien v. North Carolina; www.scotus-blog.com/case-files/cases/heien-v-northcarolina]
Charles Ware is a principal in the Maryland-based national trial law firm of Charles Jerome Ware, LLC, Attorneys and Counselors. Ware, inter alia, is a former appellate attorney in the U.S. Department of Justice in Washington, D.C. For any questions or initial courtesy consultation, contact Attorney Ware at (410) 720-6129 or (410) 730-5016, or email him at charlesjeromeware@msn.com.

COSMETIC/PLASTIC SURGERY MED. MAL. QUESTIONS: MARYLAND ATTORNEY CHARLES WARE

www.CharlesJeromeWare.com. "Here to make a difference."
The following are a few of the frequently asked questions I am called upon to answer in my Maryland and D.C.-based national medical malpractice lawyer role:

Is cosmetic and plastic surgery considered to be "real" surgery?
Answer: Yes. Absolutely. You bet it is! This type of surgery is as serious as any other surgery on or in your body. It should be taken very seriously, and treated as such.
Can any surgeon do plastic surgery?
Answer: No. Absolutely not. Cosmetic and plastic surgery are specialized medical fields of surgery. Only the most qualified, certified, and experienced surgeons in these areas of medicine should be chosen by you to perform these risky and complicated surgical proceedings. Even then, mistakes and errors can occur during and after the surgical procedure.
What are some of the major problem areas of cosmetic plastic surgery?
Answer: There are several, but just a few are:
(i) Complications from anesthesia;
(ii) Wounding and scarring from incisions;
(iii) Infection;
(iv) Injury to other body organs;
(v) Inadequate body preparation for the surgical procedure (e.g., smoking, poor diet, medications, etc.);
(vi) Bleeding (loss of blood); and
(vii) Psychological preparation pre and post surgery.

"CAVEAT EMPTOR" --- BUYER BEWARE

Make sure surgeon is Board Certified by American Board of Plastic Surgery.
Consult with at least 2 or 3 different certified plastic surgeons
Research your surgeon.
Ask about your plastic surgeon on the with knowledgeable sources.
Search your plastic surgeon's last name on the in multiple forums.
Google your plastic surgeon's name.
View your surgeon's before/after photos, particularly befores similar to your own.
Bring photos of what you'd like to look like.
Make sure the surgery center is accredited.
Insure that your surgeon agrees to take before and after photos of you and your surgery.

[Attorney Charles Ware is a nationally-respected Maryland/D.C.-based medical malpractice attorney. You may contact him at (410) 720-6129 or (410) 730-5016, or email him at charlesjeromeware@msn.com for a free initial consultation or questions]

COSMETIC vs. PLASTIC SURGERY: MARYLAND & D.C. MED. MAL. ATTORNEY

www.CharlesJeromeWare.com. "Here to make a difference." For an initial courtesy consultation, call medical malpractice attorney Charles Jerome Ware at (410) 720-6129 or (410) 730-5016, or email him at charlesjeromeware@msn.com.
Cosmetic surgery and plastic surgery procedures are very popular in the United States these days. We see them and hear about these aesthetic medical procedures all the time in the media.
Along with their popularity, however, another scary trend has evolved with unqualified persons (including doctors) performing cosmetic surgery as well as plastic surgery. TO be succinct, knowing the difference between a cosmetic surgeon and a plastic surgeon could save the patient from disappointment, disfigurement --- and even death.
As in every other area of surgery and of medicine, cosmetic surgery and plastic surgery each require specialized education and training in their respective unique procedures and techniques for success.
The differences between the two fields can sometimes be as wide and stark as having a gynecologist do heart surgery, for example. Simply put: Would you go to your gynecologist or proctologist for heart surgery? I don't think so.
The differences between the two lie in training, credentials, certifications and experience.
Generally, plastic surgeons will tell you that just about any physician can call themselves a cosmetic surgeon after taking a weekend course, while a plastic surgeon's residency requires years of plastic surgery training after they have completed medical school.
These same plastic surgeons would probably also tell you that they (plastic surgeons) must operate in accredited facilities, whereas cosmetic surgeons do not have this requirement. What this means is that you could visit a doctor who is board-certified in, for instance, otolaryngology (ear, nose and throat), and he or she could still legally perform your facelift without violating any laws.
It appears that because doctors are getting less reimbursement from insurance companies than previously, while their overhead costs such as staff salaries, medical supplies and medical malpractice insurance rates continue to escalate, some doctors are dabbing in cosmetic surgery for the extra cash or to make up the difference.
To be sure, all surgery is subject to risks, complications and mistakes. Few surgeries are perfectly done, and some surgeries are victims of error or mistakes. But, it still helps to make sure your surgeon --- cosmetic or plastic --- is well qualified to perform your procedure successfully.

Look for the proper certifications of your surgeon: either cosmetic or plastic, or both.
Investigate as completely as you can the professional background of your surgeon, including experience.
Ask lots of questions of your surgeon. Insist upon before and after pictures of your cosmetic or plastic procedure.
Be skeptical of all promises and assurances made by your surgeon.

LOTTERY STRATEGIES: ATTITUDES, ALGORITHMS & BEYOND

The Secret Science of Winning Lotteries, Sweepstakes and Contests: Laws, Strategies, Formulas and Statistics [Paperback]Charles Ware (Author)

Book Description

Publication Date: July 26, 2012
There is a science of winning lotteries, sweepstakes and contests! When it comes to lotteries, sweepstakes and contests, there are ways to improve your odds or probability of winning. They are discussed in this book, with a lot of detail and some humor. Blind reliance on luck or chance is not necessary to win lotteries, sweepstakes and contests. The "4Ps" of persistence, preparation, poise and a positive mental attitude are necessary to win on a consistent or regular basis. Therefore, just about anyone is capable of winning. Charles Jerome Ware is a noted author and attorney, microeconomist, lotterician, sweepstaker and contester. He is a principal in the national law firm of Charles Jerome Ware, Attorneys and Counselors. Dr. Ware is a highly successful and life-long sweepstaker and contester. He is also a successful lotterician who, for several years, has investigated, monitored and researched lotteries throughout the United States and several foreign countries. Dr. Ware is the recipient of numerous awards for his accomplishments in law and other areas. He lives in Columbia, Maryland.

Product Details

Paperback: 166 pages
Publisher: Outskirts Press (July 26, 2012)
Language: English
ISBN-10: 1432793888
ISBN-13: 978-1432793883

Available: Amazon; all major bookstores, etc.
http://amzn.com/1432793888

Friday, November 14, 2014

"BOTCHED" OR BAD COSMETIC PLASTIC SURGERY IN D.C. OR MARYLAND? MED. MAL. ATTORNEY REPORT

www.CharlesJeromeWare.com. "Here to make a difference."
First, the consumer must realize that cosmetic plastic surgery procedures are in fact medical "surgeries" that should be performed by qualified, certified, and experienced cosmetic plastic surgeons.
However, even in the hands of the very best cosmetic plastic surgeon, risks are involved and complications, mistakes and errors can occur. So, caveat emptor!
With millions of Americans joining the ranks of body-conscious cosmetic plastic surgery recipients, even in the District of Columbia/Maryland metropolitan area, I have prepared a short mantra of things to do and be aware of when selecting a cosmetic plastic surgeon:
"CAVEAT EMPTOR" --- BUYER BEWARE

Make sure surgeon is Board Certified by American Board of Plastic Surgery.
Consult with at least 2 or 3 different certified plastic surgeons
Research your surgeon.
Ask about your plastic surgeon on the with knowledgeable sources.
Search your plastic surgeon's last name on the in multiple forums.
Google your plastic surgeon's name.
View your surgeon's before/after photos, particularly befores similar to your own.
Bring photos of what you'd like to look like.
Make sure the surgery center is accredited.
Insure that your surgeon agrees to take before and after photos of you and your surgery.

AVOIDING BAD COSMETIC AND PLASTIC SURGERY: MARYLAND MED. MAL. ATTORNEY

www.CharlesJeromeWare.com. "Here to make a difference."
Recent cosmetic plastic surgery reports suggest that, despite the economy and worries over income, Marylanders and other Americans continue to spend lots of money on elective surgical procedures to help themselves look better. The American Society of Plastic Surgeons, for example, reports that the number of cosmetic and plastic surgery procedures are continuing to rise steadily to a total of over 18 million last year.
Says the Society (ASPS): "...Americans are devoted to looking and feeling their best. High demand continues for less invasive and relatively less expensive procedures, [and] there are also promising rebounds for surgical procedures" [ASPS].
Still, cosmetic and plastic surgery is risk and may have complications. In a relatively small number of cases, cosmetic and plastic surgeons (and those who pretend to be cosmetic and plastic surgeons) can make mistakes, errors, and cause additional complications and distress for the unwitting patient.
For the most part, the more frequent cosmetic plastic surgery cases we receive and review, and pursue, in Maryland and Washington, D.C. include:

The doctor's failure to treat an infection after the surgery;
Delayed healing and accumulation of fluid;
Damage to surrounding organs during the surgery;
Skin or fat necrosis due to a delay in diagnosis and treatment;
Nerve damage from the surgery;
Scarring of the wounds (incisions);
Adverse reaction from anesthesia;
Excessive bleeding due to unintentional damage to blood vessels;
and more, including wrongful death.
[If you or a loved one have been victimized by a medical mistake, call Attorney Charles Ware at (410) 720-6129 or (410) 730-5016 for a free initial consultation and evaluation]

"TUMMY TUCK" (ABDOMINOPLASTY) SURGERY MISTAKES: MARYLAND MED. MAL. ATTORNEY

www.CharlesJeromeWare.com. "Here to make a difference."
Tummy Tuck Surgery, also known as "Abdominoplasty", is supposed to remove excess fat and skin, and allegedly, in some cases, restore weakened or separated muscles creating an abdominal profile that is smoother and firmer.
Abdominoplasty is actually real surgery that should be performed according to the medically-recognized standards of cosmetic plastic surgery by a properly-qualified, experienced, and Board-certified abdominoplasty cosmetic plastic surgeon. "Doc Hollywood" should be avoided for these surgeries. Find "Dr. Right" to do it.
Abdominoplasty is "medical surgery", not "show business."
As with all surgical procedures, risks and complications can be inherent in abdominoplasty. These risks during the procedure may be minor as well as life threatening. High levels of medical care are necessary for success with the Abdominoplasty. However, in some circumstances the high level of care which is required may fall below the standard of care that is required and expected, thus causing the patient to suffer from additional complications and distress.
There are numerous well-recognized complications in Abdominoplasty surgery, but surgical errors or mistakes may arise during and after the surgery which can constitute potential malpractice or negligence. Such errors or mistakes include:

The doctor's failure to treat an infection after the surgery;
Delayed healing and accumulation of fluid;
Damage to surrounding organs during the surgery;
Skin or fat necrosis due to a delay in diagnosis and treatment;
Nerve damage from the surgery;
Scarring of the wounds (incisions);
Adverse reaction from anesthesia;
Excessive bleeding due to unintentional damage to blood vessels;
and more, including wrongful death.

[Medical malpractice attorney Charles Ware is based in the Maryland/D.C. area. For questions or an initial courtesy consultation, contact him at (410) 720-6129 or (410 730-5016; or email him at charlesjeromeware@msn.com]

COSMETIC & PLASTIC SURGERY MALPRACTICE: MARYLAND & D.C. MED. MAL. ATTORNEY

www.CharlesJeromeWare.com. "Here to make a difference."
[For informational purposes only; not intended as legal advice]
There are risks associated with every surgical procedure. Surgical errors and complications can and do happen. Competent surgical care can, however, alleviate many of these risks.
Plastic surgery is the broad medical term most commonly associated with cosmetic surgery or physical enhancement for aesthetic purposes. However, the term actually includes many medical procedures that involve restructuring or reshaping body parts to return them to normal functioning.
Generally, plastic surgery does not always involve the use of plastic materials. Instead, the term "plastic" means to shape or mold, as in when bodily structures are reshaped through surgical procedures.
A few common types of plastic surgery procedures include:

Reconstructive Plastic Surgery, which is commonly used to restore functioning to the face or other areas of the body after an accident or to correct birth defects.
Skin Grafts, which are frequently used to close wounds from burns or other injuries.
Cosmetic procedures, which include a whole variety of operations, including augmentation and reduction of body parts, fluid injections, and fat reduction.

The types of injuries that can occur with plastic surgery include:

Injuries from mistakes or errors,
Reopening of incisions,
Leakages, and
Complications with original injuries.

To prove plastic surgery medical malpractice, the following is needed:

That the plastic surgeon owed a duty of care to the patient;
That the duty of care was breached by the surgeon;
That the patient was actually injured as a result of the negligent breach; and
That the breach of duty was the cause of the patient's injuries.

[Medical malpractice plaintiff attorney Charles Jerome Ware is Maryland/D.C. area-based. For an initial courtesy consultation, or questions, call him at (410) 720-6129 or (410) 730-5016, or email him at charlesjeromeware@msn.com]

FINDING THE "DR. RIGHT" COSMETIC SURGEON; AVOIDING "DOC HOLLYWOOD": MARYLAND MED. MAL. ATTORNEY

www.CharlesJeromeWare.com. "Here to make a difference."
SOME STEPS FOR FINDING THE BEST PLASTIC SURGEON:

Cosmetic/plastic surgery recipients are "PATIENTS," not just customers.
Therefore, your surgeon should be a well-qualified cosmetic/plastic surgeon --- a tried and true "Dr. Right" surgeon --- not an overly-advertised, media-driven "Doc Hollywood" - type.
Your surgeon should be properly board-certified and experienced in the cosmetic surgery he or she is performing on you. For example: a Board Certified Plastic Surgeon by the American Board of Plastic Surgery, a Fellow of the American College of Surgeons, a Member of the American Society of Plastic Surgeons, a Member of the American Society for Aesthetic Plastic Surgery, et al.
Your surgeon must have appropriate hospital privileges to perform the type of surgery you want or need, and not just perform his or her surgeries in their office.
Ask questions of your potential surgeon ("PS"):
(a) Ask to see, for example, some before and after pictures of their previous surgeries (while avoiding HPAA violations, of course).
(b) Insist upon before and after photos of your surgery.
(c) Insist upon an explanation of your surgery that you understand clearly.
(d) Discuss your potential benefits and potential complications of your surgery.
(e) Leave no question unasked and unanswered by your potential surgeon himself or herself (do not rely on the surgeon's staff to answer your questions).
Make sure before your surgery that you have complete confidence in your surgeon based upon his or her evidence of excellence, experience and commitment to your surgery procedure as well as to the field of cosmetic surgery.
Make sure you are comfortable with having the particular surgery procedure.

[Medical malpractice attorney Charles Jerome Ware is a Maryland-based nationally respected trial attorney with a specialty in health-related trials. For an initial courtesy consultation, call him at (410) 720-6129 or (410) 730-5016, or email him at charlesjeromeware@msn.com]

FACELIFT (RHYTIDOPLASTY) MISTAKES: MARYLAND MED. MAL. ATTORNEY UPDATE

www.CharlesJeromeWare.com.
[This information is not intended nor designed to be legal advice]
Cosmetic or plastic surgery is enormously popular in the United States. However, the public should be reminded that cosmetic/plastic surgery is serious surgery, not just a cute hobby. Recipients of cosmetic/plastic surgery are "patients," not just customers.
Cosmetic/plastic surgery is in fact risky surgery, subject to complications as well as medical mistakes.
Facelifts ("Rhytidoplasty") are in fact cosmetic/plastic surgery procedures, and are by definition therefore risky surgical procedures.

I. What is a Face Lift?

The technical name for a facelift is "rhytidectomy." In this surgical procedure, excess face and neck skin are removed and the tissues under the skin are tightened. Activities such as smoking, sunbathing, outdoor activities, and stress can alter the appearance of the face. Additionally, as we age deep creases may form between the nose and mouth, the jawline may grow slack and sag, and folds and fat deposits may appear around the neck.

II. Who is a Good Candidate for a Face Lift?

Candidates must be in good health, have no active diseases or serious, pre-existing medical conditions, and must have realistic expectations of the outcome of the surgery. Facelifts are most commonly performed on patients between 40 to 60 years old.
You may not be a candidate for surgery if you smoke, have recently quit smoking, or if you are exposed to second-hand smoke. Primary and secondary smoking decreases blood flow to the body's tissues. This can result in prolonged wound healing, skin loss, infection, increased scarring, and a number of other complications depending on the kind of procedure performed.

III. How is the Procedure Performed?

The type and size of facelift depends on location and extent of skin laxity. Sizes range from "mini" to "standard". Usually, an incision is made in the hair near the temple and continues to the front of the ear, around the ear lobe, behind the ear and into the hair. The muscles and sagging tissue are tightened and excess skin is removed. The remaining skin is repositioned to create a more youthful look. The incision is closed with sutures, or with metal clips on the scalp. A small incision may be made under the chin if a neck lift is needed.

IV. The Bad Facelift (Rhytidoplastic) Surgery

As the popularity of plastic surgery and other cosmetic procedures has increased, so too has the incidence of complications, mistakes, and clear examples of medical malpractice. There are numerous reasons for this trend, some natural and others of a more concerning nature. For example, with more surgeries being performed it is expected that the number of total complications experienced will increase – this is only natural considering a fixed rate of incidents.
It is not entirely unexpected that rate of complications would increase as well, since having more people enter the field of plastic surgery means that, on average, the later entrants will not be as drawn to the practice out of a love for cosmetic procedures or particular skill in that area, but by the money that can be earned.
However, according to numerous news reports and regional studies, the number and rate of complications is rising out of proportion to the increase in procedures. Evidence is accumulating that due to a relative lack of regulation with respect to licensing of cosmetic surgeons coupled with the incentive for marginally qualified individuals to claim experience in order to cash in on a lucrative, booming business, many plastic surgeons are simple not qualified to offer services. With ads for plastic surgeons and all manner of cosmetic procedures filling television print media and the airwaves, the issue of receiving a face lift gone horribly bad is on the minds of many who are close to the industry.
Certainly, even someone undergoing an elective cosmetic procedure for the worst possible reasons has a right to be treated by someone who is competent in performing cosmetic operations. No one should suffer the physical and mental scars of being damaged under the knife of someone who should not be holding it. Understanding your rights if you are a victim of malpractice is critical.
[Charles Jerome Ware is a widely-respected medical malpractice trial lawyer with a national law firm based in the Maryland/D.C. area. For an initial courtesy consultation, call him at (410) 720-6129 or (410) 730-5016; or email Attorney Charles Ware at charlesjeromeware@msn.com]