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Clare Louise

Law

Understand The Texas Law – Is It Assault or Self-Defense?

Everyone has the right to protect themselves from violence or force. Self-defense applies to protecting yourself, others, and even your home or family. To prove it legally, the defendant must have evidence that a person is making violent threats or acting violently.

On the Texas Criminal Justice website, you can find the best Galveston criminal defense attorney who has experience in handling different types of criminal cases, including white-collar crimes, drug possession, and more. Also, they are affordable too.

In this article, you can learn when a self-defense case is justified and also when the violence crosses the assault line as per Texas law.

Self-defense scenarios

According to Texas law, 3 primary conditions allow a person to use force over other people. They include:

  • When someone enters your place of employment, business, vehicle, or house forcefully or unlawfully
  • When someone attempts to remove your family members or you forcefully or unlawfully from your vehicle, place of employment or business, or house
  • When someone attempts or commits sexual assault, robbery, kidnapping, or aggravated kidnapping, aggravated robbery, or aggravated sexual assault

In all these conditions, an assault is considered self-defense when defendants have not aggravated a person who used the force and not engaged in any other criminal activity over the traffic violation at that particular time.

Self-defense laws in Texas and tricky conditions

Under the self-defense law of Texas, Protection of Life or Health – an individual is justified based on the:

  • Applying force (not too much) to protect someone from inflicting injuries to him or her or attempting suicide
  • Applying force over another person to defend some other’s life

How much force is reasonable?

In self-defense cases, the court considers how much force is used to protect her or him. The defendant needs to show that he or she has used reasonable force to defend from the attack.

If you assault anyone through self-defense to defend yourself from an attack, threat, or violence, the force you use in the assault should be reasonable. It means, the force you used should not be too much and the individual you struck should not be a mismatch in age, size, or gender.

If you used maximum force, then the case will not come under self-defense. Also, you will be charged and considered as the offender. This assault can be a felony or misdemeanor crime, and it leads to punishments like imprisonment or steep fines based on the harshness.

Self-defense and a threat of violence

Receiving violent threats also comes under self-defense law. The defendant doesn’t need to be physically attacked to claim self-defense. These cases are tricky because one may claim the other as the attacker. In case the defendant has started fighting, then it is difficult to assert self-defense. Even if the opponent person escalated, the defendant must be in legal rights.

Stand Ground laws in Texas

Under the law of Texas Castle Doctrine and the Stand, Your Ground – an individual can use reasonable force to defend their home, vehicle, or other property.

There is an inadequate definition of what comes under an individual habitation. It includes a vehicle or structure adapted for a night, a portion of a vehicle, or structure occupied, and others. Texas is one of the states that have the Stand Your Ground law. It means a person is not bounded to retreat legally. In case someone enters you forcefully, you will have the right to protect yourself.

I Was Just Defending Myself!” Texas Assault vs. Self-Defense - Fulgham Law Firm

When Does Texas consider a case is not self-defense?

  • In few situations, the force used will not be justified in court. They are:
  • Someone verbally provoked
  • No use of weapons
  • No threat or violent signs
  • No physical contact

In the above-mentioned situations, using force is considered an assault, not self-defense. Plus, a person who possesses a weapon when discussing something with another person cannot be justified as a case of self-defense.

Whatever the situation is, as per law, you have the right to assert self-defense if charged with a crime. The court will decide whether your trials are for self-defense or assault.

Is defending others come under self-defense?

Protecting others from violence or threat is also considered self-defense but within limits. In such a case, it should be conventional that person X has strong reason to believe – person Y has a threat from person Z, and person X assaulted person Z to protect person Y.

A person can use force to avoid several crimes to protect someone based on the situation as per Texas law.

Self-defense cases will not go for a trial

According to the law of Texas, a self-defense case will not go for a trial. Moreover, the prosecutor will decide to drop or dismiss an assault case based on the given situation.

For example, in September 2019, a mother was not charged after using force over a thief who tried to kidnap her child and steal her vehicle.

Also, according to a 2015 self-defense study, only 12 persons out of 146 are charged undershooting cases. In Texas, under self-defense shooting, only 2 are charged out of 45.

A prosecutor has to prove the criminal intent

In self-defense cases, the prosecutors will have the burden to prove the event because both defendant and assault are doubtful. In such a case, the prosecutor has to show that the criminal intent was with the assault. That is, the defendant threatened or harmed the other person with malice or anger.

For this, the defense lawyer has to fight in several ways to establish, the force used was not in malice or anger, while it is not intentional. Also, the lawyer has to prove the defendant was in danger and he or she has used enough force to stop.

If you or your beloved one has been arrested with assault, though it is self-defense, then consult a drug possession attorney oconomowoc wi who has a good experience. Most self-defense cases are dismissed or dropped off before trial. So, research to find a well-experienced attorney and consult immediately before your case comes to trial.

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Law

Useful Things about Brooklyn Divorce Lawyers

Nowadays, there is legal intervention instructed for multiple cases. And there is also intervention compelled to deal with the family dispute. This can be lead to enormous emotional difficulty for everyone.

This is true when a couple decides to get separated then assistance of Brooklyn divorce attorney is necessary. Divorce includes not only the dissolution of the marriage but also includes

  • The separation of living sections
  • Division of debts, supposal support
  • Children custody agreement
  • The child support obligation.

The results of the divorce proceedings come to have far significance for one’s future. This is very difficult for everyone to consult with an experienced and well-reputed lawyer for protecting the right of the person or advise for the best solution. The Brooklyn divorce lawyers are well reputed and specialize in all areas of family law or always available for helping the person.

These lawyers help the people to solve the problem quickly and effectively due to whichone can attain the closure necessary for the move ahead with lives. Divorce lawyers handle all types of cases of their customers. They also focus on the planning that fits the needs of the person.

In some cases not necessary to be prosecuted in court. A spouse can have the option of utilizing the dispute resolution process like

  • Meditation
  • Attribution
  • Compensations
  • Collaborative divorce helpssomeone to reach martial settlements.

This process is not adversely or aims to foster and promote the negotiations. The lawyers can assist the person to determine one or more variety of methods that are always beneficial for the case.

Let’s discuss the contested and uncontested divorce: In such casesthe, partner agrees about the term that applies to end the marriage. A person does not need a judge to formulate a conclusion and an outcome. In simple, the couple does not need to fight the case in courts. On another side, in a contested divorce just opposite to this, asa couple is unable to come to a term on their condition then they have no choice or present the case at trial.

In some cases of a divorce, the couple knows about the situation andthey can decide to get custody of the children. As a result, one selects the file custody before applying for the divorce. However, this is not common in all cases because it depends from case tocase. Moreover, before taking sucha step it is essential to consult with an experienced lawyer who knows every aspect. Brooklyn divorce attorneys guarantee that they will give the best result ina short period. If someone is deemed filling for custody before filing for divorce then various steps should be taken into consideration. Take a look at the same-

  • Filling temporary custody order,
  • The interest of the children,
  • Giving up the rights
  • Keeping the child away from the case,
  • Consult person attorney.

So, if there are any legal issues and people need the expert’s assistance then this article is best for them. Here, they can get information about Brooklyn divorce attorneys.

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Law

What Is the AIBE XVI Syllabus?

AIBE is administered by the Indian Bar Council (BCI). After passing the AIBE (16) test, BCI issues a “Certificate of Practice” to qualified applicants. The test is open to applicants who have earned a law degree and want to practice law. The written examination will be administered in 11 separate languages in 40 cities throughout the world. Thorough knowledge of the AIBE XVI (16) 2021 exam pattern assists law graduates in tailoring their training to the test’s specifications. The AIBE examination pattern provides an overview of the AIBE’s fundamental structure by outlining the test mode, exam length, marking scheme, and other critical aspects of the exam. Candidates should be aware that the AIBE XVI 2021 test would not be an open-book test.

Syllabus AIBE 16 2021 

Questions would be drawn from 19 different topics. The topics are classified as Category I and Category II. 

Category I will consist of seven questions, and Category II will consist of twenty-three. Additionally, candidates must go through past years question papers and ensure that they have covered the syllabus. The AIBE syllabus is heavily influenced by the subjects and topics learned during graduation.

The syllabus of AIBE XVI with the respective number of questions is as follows:

S.No Topic Number of Questions
1 Constitutional Law 10
2 Criminal Procedure Code 10
3 Code of Civil Procedure 10
4 Indian Penal Code 8
5 Family Law 8
6 Evidence Act  8
7 Law of Contract, Specific Relief, Property Laws, Negotiable Instrument Act 8
8 Law of Tort, including Motor Vehicle Act and

Consumer Protection Law

5
9 Labour & Industrial Laws 4
10 Law related to Taxation 4
11 Alternative Dispute Redressal including Arbitration Act 4
12 Public Interest Litigation  4
13 Professional Ethics & Cases of Professional Misconduct under BCI rules 4
14 Administrative Law 3
15 Environmental Law 2
16 Company Law 2
17 Cyber Law 2
18 Intellectual Property Laws 2
19 Land Acquisition Act  2

AIBE XVI Eligibility Criteria 

Candidates for AIBE XVI 2021 must meet the eligibility requirements defined by the Bar Council of India. The eligibility requirements for AIBE XVI 2021 are as below:

  • Candidates must have a three-year or five-year law degree from an institute recognized by the Bar Council of India. 
  • Candidates must be licensed with their respective state bar associations. 
  • AIBE XVI 2021 qualifying requirements lists no upper age limit for taking the test.

Exam Pattern for AIBE (XVI)

The AIBE 16 exam pattern will be as follows: 

  • The AIBE 16 entry examination will be administered in a paper-and-pen format (OMR). The exam would last approximately 3 hours and 30 minutes. 
  • Candidates with impairment of at least 80% would be given an additional 30 minutes to complete the test. 
  • The test will consist of Multiple Choice Questions (MCQ). The whole examination would be worth 100 marks. Each right response would be worth one mark. The test would not include any negative marking.
  • Candidates will be provided with OMR Answer sheets on which to record their responses. Aspirants are required to use only ballpoint pens for all entries in the OMR Answer sheets, even while filling in bubbles. If more than one response is bubbled against a query, it shall be deemed wrong.

AIBE 16 Important Dates 

The Legal Education Committee and representatives of the Bar Council of India passed the notice putting the All India Bar Examination into effect.

Commencement of Online Registration  26th December
Deadline of Online Registration 30th April
Release of Admit Card  Announcement yet to come
Examination Date 30th May
Result Declaration Announcement yet to come

Check all details of AIBE 2021 exam like dates, application form, eligibility, and syllabus, admit card, results, pattern, preparation tips, question papers, and more at https://www.shiksha.com/law/aibe-exam 

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Law

Alex OjjehWas Not “Dirtied Up” He Was Just Dirty

In 2013 Romano started a hedge fund firm, Mr. Romano from the hedge fund world partnered with Mr. Ojjeh, former chief of technology officer of American Orient Capital. Ojjeh invested $700,000 into the firm and the firm ran $1 billion in assets at its peak. As the company grew in size, Ojjeh embraced risker investment strategies. Mr. Ojjeh continued under his office naming it AOC Partners.

The hedge fund trimmed losses suffered in 2020 after Mr. Ojjeh was under investigation for bribery deals their first slice of client withdrawals began with accusations the hedge fund was likely where dirty money went.

During a trial Mr. Ojjeh was proven to make money from his hedge fund investments in Hungary, Russia, UAE, Libya and Saudi Arabia. And what is wrong with that? It is hardly illegal to make money, it’s just suspicious since all of his bank accounts offshore and foreign investments tell us something about Ojjeh, he has friends in high places.

Mr. Ojjeh’s defense is “I do not run this company” then he goes to say “we” to everything about the company. Ojjeh’s responsibility in the company is just to invest so the company can succeed. He understands business, markets and investment. He successfully runs logistics companies and businesses.

However, Mr. Ojjeh and his firm is under no legal requirement to invest the way he suggests. He has no obligation to be involved in all sorts of slimy deals. The bottom line of all those companies under Alex Ojjeh LLC’s were healthy ones, The same companies he vilified made him rich. Just know that the investor deals with Russia and other points East (Like… Syria…and a bunch of money is made there as a result. The trial showed that Ojjeh used the firm to enrich others, but there is no evidence of collusion or any actual hard crime. Ojjeh just admitted he knew them, no problem.  Ojjeh had very professional dealings with UAE, Libya, Hungary, Russia and more.

But same with Romano and his connection, most admit that Romano and Ojjeh were both “gangsters” Ojjeh was just cleverer compared to Romano. Ojjeh has ties to foreign government officials and influencers, he has direct ties to Hungary money and 40 illegal businesses or as the lawyer calls them, small businesses, he has tax statements that were proven 90% percent accurate. Ojjeh had influence in the Middle East, Dubai and Turkey. Time to bring up how Ojjeh’s friend and government official Al Assad gave him passports that allowed him to enter wherever he wanted.

Then there is all the other stuff, like the closing of the bank accounts, very telling that Milner loved him some Ojjeh. Milner says Ojjeh’s bank accounts shouldn’t be taken down if he hasn’t been indicted on bribery or any other charges. Alex Ojjeh’s 2020 investigation showedhe is really considered aflight risk. Out of desperation imagine Romano actually going to court to defend Alex Ojjeh.

Most of the US shareholders, especially clueless companies, had forgotten about him or never cared who Ojjeh was because they were only dealing with Romano. Why would Romano gotocourt and defend Ojjeh? He wouldn’t. Not sure how long Mr. Romano’s honeymoon will last, if it ever starts. It’s actually more of a “at least he’s not Ojjeh” relief, as there has not been much foreign dealings, when it comes to Romano.

Many are shocked Ojjeh appeared in Istanbul court on Tuesdaybecause he’s a flight risk due to bribery conspiracy charges. Ojjeh was confined with an ankle bracelet for two weeks. Then placed on probation where he had to work within certain perimeters. Ojjeh’s lawyers argued that he should be able to travel outside of U.S, without police permission and that he was no longer a flight risk in April 2021. In which his non-government criminal “lawyer” denies Ojjeh engaged in foreign policy, you have Ojjeh meeting with foreign government, you have multiple people lying about their ties with him, you have Ojjeh lying about where he was.

Ojjeh’s lawyers argued that he should travel to Turkey to pay fines saying he’s too restricted by the U.S and has a number of warrants for unpaid fines, unpaid restitutions, unpaid court appointed consul feels, failure to appear for unpaid fine hearing and any other failure to appear and pay other fees due to the conditions of his bank accounts.

Ojjeh has four active warrants for his arrest in Turkey and faced charges of failure to appear in court.  Ojjeh not only had concealed reporting in Turkey/Kurds, but he had a stable relationship with dictators. If you ask me, it looks like Ojjeh is just in Turkey to pay hush money, so the real issues won’t come out.

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Featured

Attorney for adoption-related legal service

Why you need an adoption attorney?

Adoption is the process where a married couple or sometimes even a grown-up adult tries to parent other small children for some other reason. But most of the time, parenting is done for those young ones who are staying in orphans and away from their actual parents due to many reasons.

So, adopting is somehow considered to be a good work, thanks to the people who look for the adoption of those orphan. But hang on a minute. You can’t just take up the child with you. Apart from taking the permission of guardian’s an orphan’s asylum, you have to make the way in the judiciary.

Earlier, back in the 19’s, when the adopters use to make the adoption illegal, there were no such terms related to an adoption attorney. But as and when they started threatening the kids and execute force labor on them. All they want is profit and generate an income source out of the innocent ones.

But now the situation has completely changed. If you are planning to adopt someone, it does not matter whether it is an orphan or any other place. You have to take the legal proceedings and so on.

You must hire a specialized attorney and especially dedicated to adoption-related legal service.

Although, before that, the couple should keep in mind that their financial status is stable, and they can provide things of basic necessity.

More about adoption attorney

Houston is the only city in Texas where there is a maximum number of adoptions done by couples every year. Well, then there is no surprise that the greatest number of attorneys related to adoption all over the United States is in Houston itself.

More or less, there is more than one type of adoption attorney Houston depending upon the legal service you are opting from through which you can keep your opinion in front of the judge. Let us have a deeper look into it.

  • Adoption agencies

More than hundreds of agencies are out there who can give you the legal rights for adopting a child. These agencies are run by expert and experienced adoption attorney Darlington SC who are qualified to give suggestions and advice to an adopter

Most of the stepparents in Texas prefer getting the help of an adoption agency as there is no need to go through court proceedings and all that legal procedures, which consumes time.

  • The international level adoption attorney

As the name goes, these lawyers are professionally trained to act according to more than one nation’s constitutions. If the adopter is a citizen of the US and the child which they are going to adopt is staying in any other country, then the attorney should know the rules related to the adoption of both countries.

If you are looking for international-level adoption, then you approach this type of lawyer. Although, you can also reach out to them if you are planning to adopt within the country. It is quite difficult to get such a category of a lawyer because their demand is considerably low.

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Law

Who Can Sue For Burn Injuries

Second and third-degree burns are nothing to scoff at, and they can cause untold damage if left untreated or uncared for. It can be a costly expense as well. Injuries result in hospital bills, treatment, and in extreme cases, lifelong care. If you have been burned because of a companies negligence, you can sue them. When understanding who can sure for burn injuries, you need to understand the type of incident that makes you eligible for a claim.

Types Of Claims

To understand if you have a case, you will need to identify what type of claim you have.  The list is vast, but the most well-known are these.

An automobile accident. If your car has faulty parts such as the brakes or the accelerator and you get burned, or your car catches on fire because of an accident or mechanical failure, you have a claim that can be filed immediately. In over forty percent of cases in which a vehicle catches on fire, the person inside gets burned.

Furniture injuries are a common issue as well. If the material in the furniture catches on fire, it can spread quickly. If the material was subpar and faulty, this is another area where you could file a claim.

Clothing can catch on fire easily and cause burns, depending on what the clothing is made of. Heating pads are the same. When they are made poorly, the defect can cause third-degree burns. Many injuries have occurred because the company didn’t warn customers adequately.

In addition to that, house fires due to broken smoke detectors or poorly manufactured kitchen appliances. Home appliances like space heaters cause burns, injuries, and death if there are issues with the parts. Another issue that can affect homes is defective products in general. They can explode and cause an acid burn.

One thing you don’t want to have to worry about is putting makeup on, right? Unfortunately, the beauty world isn’t safe either. If your products contain salicylic acid or potassium hydroxide, you are at a high risk of receiving a burn or obtaining nerve damage.

Children’s toys are no longer safe either. Their food or toys can all be a fire hazard. Even their clothing can be dangerous. It’s so important to be aware that everything around you can be a dangerous fire hazard if poorly made.

The last type of accident that could let you file a claim is a workplace incident. If you suffered from toxic chemicals at your job or fire and got hurt, you are eligible for a claim because your work puts you in danger. This is true whether it was the result of a failure in equipment or a managerial fail.

Get The Help You Need

By trusting a reliable lawyer to fight your case for you, you will earn the compensation you need to help your body heal from traumatic injury. With decades of experience, they ensure you get someone who can help you get what you deserve.

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Law

When and Why Would You Need an IRS Tax Attorney?

Many people struggle with tax issues. But if you are facing a tax problem, there is a solution. You can take the help of a tax attorney who can get you out of the trouble. But before hiring an IRS tax lawyer Houston, you need to know about the responsibilities of a tax lawyer. Also, you should know which lawyer will be the best to handle your situation. Here are some important things you need to know about tax lawyers Houston

  • What do IRS Tax lawyers do?

Qualifications of the Tax Lawyers

The first thing you need to know is their qualification. These professionals need to get a bachelor’s degree then go to law school to get a Juris Doctor degree. Some might even go on to do an LL.M degree in Taxation. 

Specialization of Tax Attorneys

An IRS tax lawyer has to deal with many legal problems for their clients. Here are some of the fields where they have in-depth knowledge and can help you to find a solution better than anyone.

  • Removal of Wage Garnishment: The lawyer will take necessary actions to stop wage garnishments and assist you in taking the necessary steps you should take against the actions of the IRS.
  • Release of Tax Lien: A tax lawyer will help obtain a release of any liens against your property and find the solution for your tax debt repayment. 
  • Release of Tax Levy: A tax lawyer can help you come to an agreement for an instalment plan to help remove any tax levies on your bank account. 
  • Penalty Relief: An IRS tax attorney Houston can help eliminate extra charges of penalty against you so that you can pay your taxes without any difficulty.
  • Offer in Compromise: An IRS tax lawyer can help negotiate a reasonable compromise of the tax so that you can pay what you owe easily. 
  • Instalment Agreement: The lawyer help set up an instalment plan for you so that you can pay your taxes in instalments and not in a lump sum. 
  • Delinquent Tax Returns: A tax lawyer will help you in filing delinquent tax returns and help minimize hefty penalties. 
  • Audit Representation: A tax attorney’s experience can help you with audit representation so that you can better understand the process and minimize adjustments to your returns. 
  • How can an IRS tax lawyer help you?

When you are facing a problem with the IRS, you should take the help of an IRS tax lawyer. Here is how an IRS tax lawyer Houston can help you:

  • Case Research: The lawyer will help find the solution to the problem you are facing with the IRS. They can also handle IRS notices. 
  • Communication with IRS: An IRS tax lawyer can communicate with an IRS representative better than you, by relying on their experience. So, by signing form 2848, you will allow the lawyer to represent you while communication with IRS representatives. 
  • Tax Settlement Negotiations: With the help of a tax attorney, you can negotiate your tax payment in a better way. 
  • Client Court Representations: When you need to go to court for your cases regarding tax debts, you need an attorney to represent your case. 
  • Save Money of Clients: By working with a tax attorney, you will be able to save money as the attorney can construct strategies through which you will save taxes. 

The Bottom Line

Whenever you find yourself in a tax-related problem, you can take the help of an IRS tax lawyer Houston

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Law

What’s Notary Public in Brampton

A public notary adelaide is unquestionably the state person approved which has the capacity to become a great, fair witness for the signing of important documents like Affidavit and Statutory Declaration, General Power Attorney. A notary public is able to give words and could produce official capacities according to the jurisdiction.

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Most notary publics have a very nominal fee for services. A Notary Public in Brampton dispenses their official responsibilities by marking documents employing their signs along with a distinctive embossed stamp or inked seal. A notary that has been observed getting a notary public remains notarized.

Good status for Notary Public

The notary is usually as old because the civil law, that has its sources within the courts of Rome. Ancient Roman legislation elevated to obtain more arranged, rules courts elevated to obtain more and much more more depend on making use of scribes to keep the federal government records. These scribes produced a technique for legal, known as notary. As time passes, the very best scribe earned the name notaries.

The name remains ongoing to become lower while using ages. With the Ancient, while using the notary public was frequently taken using the ministry, who had previously been billed with writing public and private transactions, furthermore to creating official documents.

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Role of Notary Public in Brampton

A notary public remains approved getting a particular organization, usually, an condition government, for everyone the aid of a notary. These responsibilities are often looked as the witnessing of documents and the potency of oaths. Some states also allow notary publics to make certain copies of approved documents

Two most fundamental documents the notary public will witness work for your purchase or alteration of property along with the giving of power attorney. A couple of more types of the documents the Notary Public in Brampton can formally witness would be the following:

  1. Acknowledgments
  1. Affidavits
  1. Jurat
  1. Oaths
  1. Formal protests

Some states give you the notary public considerably more responsibilities. For instance:

A notary public in Louisiana can perform a large amount of the help the attorney can offer the privilege of representing another person before a court.

Some states demand the notary public have a report of official functions. Although holding tabs on certain functions done isn’t mandated by all states, various licensed notary standards declare that all notaries keep records in the actions.

1 – Sidebar: Legal Language

Ever thought about why legal documents connect with as apparent as dirt?

The wording within the legal documents are required to follow certain customs and limitations to be able to have binding effect in the courtroom. This wording is really a appropriate language.

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