Public Intoxication

According to Lloyd Gastwirth, a criminal defense lawyer, public intoxication is a crime where an individual is under the influence of drugs and/or alcohol in a public location, and visibly disturbs the people within the vicinity. Public intoxication falls under both state and local law, and if an intoxicated individual violates both, they will be subject to the laws and penalties of both. But as with most crimes, public intoxication is much more complicated than just that.

• The Dynamics of Public Intoxication

– An individual can break the law if they are just intoxicated publicly, but the penalties will be much harsher if they have disturbed or inflicted injury on another person as a result of their intoxication.

– Something that should be noted here is that you don’t even have to be drunk or intoxicated, but you have to appear that you are. However, if it can be proven in court that the person accused of public intoxication was not drunk or high, then they can be delivered a lighter sentence. And it would be wise to look into getting a defense lawyer.

• Defending Public Intoxication

– If you are accused of public intoxication, there are quite a few defenses that you can bring up to challenge the prosecution. The first is that you were simply acting intoxicated and actually weren’t, which won’t get you a ‘get out of courthouse’ free card, but will still grant you a lighter sentence. Another defense that you can bring up is that your behavior was not caused by intoxication, but by something else such as excitement.

– For some people, they may have actually been intoxicated, and it can be proven. The best defense one could bring up then is that they were not intoxicated in a public place, but rather in a private location (or in an area of the city that allows public intoxication). They could also bring up that a police officer had brought them out into a public place where they charged them, but that’s definitely pulling hairs and should only be brought up if there is sufficient evidence and witnesses to back it up.

– Last but not least, if you have been charged with public intoxication, you would be wise to consult with a top criminal lawyer or a criminal defense attorney, and consider hiring them to inform you of both sides of the law and to adequately defend your position in court.

Probating a Will

Probate is a term for the process of legally determining the validity and authenticity of a will. Through the process of probate, legal title is passed from the individual who is deceased to the beneficiary. There are several things that will not go through probate such as beneficiary rights of a retirement plan, life insurance, and a few other legal instruments.

Following are the steps you will need to take in order to probate a will:

1) First of all, you must get the will in your hands. Depending on where the deceased individual has stored the will, this could be very easy or quite difficult. He/she could have it stashed in a desk drawer, at his/her attorney’s office, in a safe deposit box at the bank or a safe at home, or even at a friend’s house.

2) Next, you need to figure out whether or not they owned any real property. This refers to anything that is attached to the ground or even the ground (land) itself. All of the other things owned by the individual is referred to as personal property.

3) Now that you have found the will and determined any real property, you must find out where your state probates wills. There are some states that do have probate courts. However, some states do not and the wills are handled in the Circuit Courts.

4) Make sure that you are aware of any assets owned by the deceased person. Go to the post office and have the mail redirected to your home so that you can be alerted to important documents such as mortgages, retirement updates, car payments, and more. Also, consider searching the house for a place that the individual kept all of their important documents.

5) If the deceased individual did not appoint an executor or administrator, you can request that one be appointed. This is the person that holds fiduciary responsibility for the assets of the deceased individual.

6) Make an appointment with the Probate or Circuit court- which ever one is appropriate. Make sure that you bring with you a list of assets as well as their approximate value, the original will, and a death certificate.

7) If necessary, get some legal advice from an estate planning attorney or even the court clerk. You should know that the clerk is considered the gatekeeper of the court. They can be a very valuable resource, so make sure that you get off on the right foot with them.

Murder

Murder is the defined as the act of illegally killing another person with the original intent of either killing them or at least inflicting malice of pain on them. The notable difference between murder and manslaughter is that when one person commits murder they have to have wanted to inflict harm or kill their victim beforehand; with manslaughter, the perpetrator could not have had the intention to kill the victim beforehand. It’s easy for murder and manslaughter to be confused by several people.

• Being Wrongly Accused of Murder

People being falsely accused of murder has happened in the past, and many who are and then acquitted will often not know what to do next. You’ll need a criminal defense lawyer dallas. Criminal lawyers in dallas tx, contact Lloyd. One route to take is to sue the police station who arrested you, providing that you prove the negligence was entirely on their part. However, all that the police will have had to arrest you is probable cause for doing so, so you have to understand that on the crime scene, it’s easy for the police to have had information that would have pertained to you being the murderer.

 If you have been falsely accused of murder, the best avenue for you to take would be to speak to your lawyer first and tell them what happened. Your lawyer will then explain to you what courses of action you can take and the points of the law on both sides.

• Punishments for Committing Murder

The punishments for committing murder are rightfully harsh, with most people paying very large fines and spending anywhere from ten or more years in prison. For the most extreme of cases, convicts will receive the death sentence. There are also very many different factors in a murder situation that will be looked at closely; a parole board may opt for the convict to spend less time on prison so that they can get on parole sooner, if the circumstances of the situation were not severe enough. Factors that will be looked at include the overall nature of the murder, insight from witnesses at the crime scene, if the convict displays signs of regret over their actions, and whether or not the convict has been convicted of any murder or other crimes in the past. Usually, the board will deny a convict their first and second requests for parole, but grant them their request for parole the third time.

 

Manslaughter

Manslaughter is a very serious crime, and the consequences don’t come easy. Manslaughter is charged below murder, and defined as the killing of another person, but without malice. In turn, malice is defined as having a mental state to want to commit a murder by either having the intent to kill or at least to inflict harm on a person that could bring about death, or to have the intent to commit a serious crime without concern for the well-being of other people (to the point that someone would have been killed in the process).

• Can Lawyers Help?

Of course. But you’ll need highly competent deferred action lawyers if you’re ever dealing with matters of deferred action for parent. Even cases involving deferred action childhood arrivals requires a lawyer suitable for your specific needs.

– If you are charged with committing manslaughter, then you would be wise to consult with a lawyer as soon as possible, since it is a very serious crime. Even if it is obvious that your action had tragically lead to the death of another individual, a lawyer would you by bringing up evidence that could get you convicted of a lesser crime and thus a lesser sentence and punishment.

• The Three Types of Manslaughter

– There are three specific forms of manslaughter as described by the law:

– The first form of manslaughter is voluntary manslaughter, which is when one person kills or brings about the death of another person with the goal of either killing them or indirectly killing someone due to an act of negligence.

– The second form is involuntary manslaughter. Involuntary manslaughter is when one person kills or brings about the death of another individual without malice, only so that the law is broken. Involuntary manslaughter punishments can include fines of over ten thousand dollars and being sent to prison for no less than four years in total.

– The third type of manslaughter is vehicular manslaughter, which is where one person kills or brings about the death of another individual in a tragic vehicle accident. Vehicular manslaughter can be done with or without malice. Either way, an investigation will definitely be launched into a Vehicular Manslaughter case to determine if the driver of the vehicle intended to kill or at least bring harm to another driver on the road. If you are involved in vehicular manslaughter, you’ll definitely want to hire a lawyer to represent you in court. You’ll also want to hire a lawyer or otherwise find different professional help if a friend or a family member was responsible for the accident as well.

Living Wills Explained

A living will is a legal document that outlines your wishes for end-of-life. It is put into effect when you’re still living, but you can’t make decisions regarding your care on you own. Even when you have a living will, the hospital will still talk over decisions with your designated representative, so it is very important that you make a good choice when choosing your representative.

Function of a Living Will

Living wills, also known as advanced directives, covers the decisions that will need to be made when you’re near death. While there is a standard form for living wills, you will be able to add in sections and tailor it to fit your personal concerns regarding quality of life, such as alleviation of suffering or prolonging of life in terminal illnesses.

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Features of a Living Will

You will be able to get a living will form from your doctor’s or the National Hospice and Palliative Care Organization. You should know that the forms are different for each state, so make sure the form you’re using is legal in your state.

Once you have completed the form, you must sign it in front of two witnesses. They will also sign the form and will agree that you signed it of your own free will and they are not your appointed representative. In some states, relatives or your chosen representative will not be able to witness your signature.

Have copies made of your living will and provide them for your physician and family members. Don’t lock it up in your safe- unless someone else can get in- because you want it to be readily available in case you become severely injured or sick.

Once you have completed your living will, you will legally designate a representative who will carry out your living will when/if it becomes necessary. You will probably want to choose a friend or family member that understands and has agreed to make sure that your wishes are carried out. You’re not allowed to choose your physician or an employee of the hospital or institution that will be treating you at the time the living will is to be carried out. If you don’t choose a representative, decisions will be put on your spouse or closest family member.

Considerations for Living Wills

Before you begin to work on your living will, you must consider the different ways in which people die and how you want things to happen when/if it comes to that. You may want to talk it over with family and/or friends to figure out what you’d like to include in your living will.

In most cases, a living will includes instructions regarding when or if you want to be placed on a ventilator or if you want health care professionals to revive you if your heart stops. You’ll have to think about whether or not you wish to be fed through a feeding tube or IV. You’ll also need to consider whether or not you wish to be placed on dialysis if your kidneys begin to shut down.

For a criminal defence lawyer you can count on, Robb MacDonald is who you need. He’s the top criminal lawyer in Toronto.