Tuesday, November 25, 2014

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:
  1. Get or take your own pictures.
  2. Contact witnesses (and potential witnesses) early.
  3. Contact and communicate with healthcare providers soon after the accident.
  4. Rarely does allowing your client to give a recorded statement to the opposing insurance aid the client's case.
  5. Clients discussing their auto accident cases on social media such as Facebook, Twitter, Instagram, etc., is generally not helpful to their cases.
  6. 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.
  7. Always report subsequent injuries to your treating doctors.
  8. 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.
  9. 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.
  10. 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

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The Lawyer's Mailbox: IMPLICATIONS OF THE SCOTUS "HEIEN" CASE ON DUI CAS...: www.CharlesJeromeWare.com .  "Here to make a difference." The Supreme Court of the United States has heard oral arguments in and ...