Possible Consequences for Vandalism

It is a common misconception that vandalism is just about spray painting another property, as the term vandalism has a more general meaning. Vandalism occurs when a person intentionally damages or defaces a property of another, including public properties.

It may come in many forms, such as destroying a person’s car or house windows, slashing the tires of another person’s car, destroying street signs, and punching and kicking another person’s property. An important distinction in vandalism is that the vandal really has the intention of destroying, altering, or defacing a property that does not belong to him or her.

Penalties
Penalties for vandalism differ from jurisdiction to jurisdiction in terms of gravity, but the penalties themselves have mostly the same idea.

Fines: One of the most obvious consequences of any offense is the payment of fines, and vandalism is no exception to this. Fines can be several hundreds or thousands of dollars, depending on the jurisdiction. Also, it is important to note that this fine is paid to the jurisdiction, not to the owner of the damaged property.

Jail Time: A vandal may be required to serve time in jail, especially if the act of vandalism has resulted into significant damage to the victimized property. If the vandal has previous records of vandalism or any other kind of offense under his or her name, the jail time may be more severe.

Probation: If you commit an offense, the court might order that you should be under probation, or in other words, supervision with several conditions you need to follow. One of the most common conditions is community service, where you will need to work for a volunteer organization or any other recognized body for a given period.

Restitution: Just like fines, restitutions are financially damaging penalties. They are enforced to make up for the damages the property owner has sustained because of the vandalism. In other words, this is the fine you pay to the owner of the vandalized property. Typically, the amount you pay is large enough to cover the costs of repairs or replacements.

Defense
The laws are not very friendly towards vandals, as these people slowly become a bigger and bigger threat to the property of others. But according to the website of the Amerio Law Firm, vandalism charges can be defended. It just means that even though the law has its teeth on vandalism, proper enforcement of regulations and due process is still the top priority, to prevent injustice and unwarranted penalties.

Read More

Post Employment Testing

Pre-employment testing is there to greatly filter the applicants, removing all those who are not physically able to do the job. But once an applicant is already offered a job contingent, he may be subject to a post offer or post employment testing.

Like pre-employment testing, post offer testing’s goal is determine whether the person is capable of doing the job in a way that will not cause harm to himself or the others around him. It is a good way to prevent injuries in the workplace and turnovers in the company, as those things can affect the company’s productivity and financial standing.

If pre-employment testing is mostly about the raw, physical aspects of a person, post offer testing is much more rigorous. It can involve medical elements such as medical history, and quantifiable physical attributes like body fat index, weight index, and limb strength.

The testing is conducted in a medical environment by healthcare professionals and representatives. It can be specifically designed to reveal impairments that pre-employment testings cannot reveal. And since the medical results are quantifiable, they can be considered to be well-documented. These documents are stored in a database or in a physical storage, and are brought out when necessary. The results can also be viable grounds to cancel the offer and not hire a person.

Post employment testing is definitely more expensive compared to pre employment testing, because it is performed by legitimate medical personnel. But it can be a better filter of applicants because of the objectivity and quantifiable nature of the test.

Employers can look at it as a necessary investment. If employers go for a post employment testing, they are minimizing the possibility of workplace accidents and workmans’ compensation cases, incidents that are known to take up a lot of money, time, and other resources in the part of the employer.

But potential employees also benefit from such tests. They become safer from job frustration and unnecessary injuries.

Read More

Expunction Information: How to Get Criminal Charges Cleared in Texas

Everyone deserves a chance to start over. Unfortunately, after you’ve been charged of a crime, it can be hard to get a clean slate. Rehabilitating one’s reputation when you have a criminal charge on your record can be an uphill battle. It doesn’t matter that you’ve performed your legal obligations and was later acquitted of the charge. As the Law Offices of Mark T. Lassiter puts it, you can still expect to face extreme prejudice that will limit a host of different opportunities. Thankfully, Texas law provides options to ensure that this doesn’t happen.

Through expunction, you can have your criminal record cleared following certain conditions. As articulated in the Texas Code of Criminal Procedure, you may qualify for expunction if you were charged of a crime but later acquitted, or if the charge against you was subsequently dismissed. You may also qualify for expunction if you were wrongfully convicted or, in some cases, convicted but later pardoned. Expunction is also possible for class C misdemeanors that resulted in a deferred adjudication or a plea deal. However, in this situation, the law requires you to wait out a period of 180 days starting from the date of your arrest before you can file a petition.

Anyone who meets the conditions for expunction of their records may file a petition in a district court for the county where they had been arrested. To get started on the process, it’s best to consult with a qualified criminal law attorney to learn more about your options. The process of expunction can often be complicated, and results will depend on your specific circumstance. However, despite its complications, expunction is typically the best legal option for individuals that are interested in turning a new leaf without being burdened by the prejudice that could hurt your future.

Read More

The Portal-to-Portal Act of 1947

Other than the private use of cars, studies show that more Americans are also driving for reasons that are related to work. Work-related driving includes making a delivery, picking up a package, driving a co-employee or employer to a job location, meeting with a client, and making an ocular visit to a job site – these are just some of the factors that make work no longer just confined inside the office.

It is, of course, important that people,whose work brings them out in the field a lot more often, understand their legal right, in case they get involved in an accident wherein they are at-fault or wherein they are the victims. This is because, outside of the office, workers or employees are more prone to serious injuries which can end up in them being disabled.

Now, workers who sustain job-related injuries, especially injuries that lead to temporary disability (these are injuries that may last for weeks or months, but less than a year) are entitled to receive financial benefits from the state-administered Workers’ Compensation insurance program. While heading to work and heading home from work are not considered part of the job, an employee who was required by his or her employer to run any errand before going to work or before heading home after work is (still performing his or her job). Thus, in the former situation, if the employee ends up in an accident along the way, he or she cannot be eligible to file for Workers’ Compensation benefits; in the latter situation, however, he or she is eligible. This eligibility is based on the Portal-to-Portal Act of 1947, which recognizes any act performed in behalf of the employer, even outside work hours, as still part of work and, therefore, requires payment.

According to the Scudder & Hedrick, PLLC, law firm, the circumstances surrounding every transportation accident are unique. Depending upon the nature of an employee’s accident, vehicle, and job position, he or she may be eligible for compensation related to injuries, property damage, lost wages, and other considerations.

Read More

What You Need to Know About Wrongful Death Claims

In hindsight, a wrongful death lawsuit is a claim that alleges a person of being responsible for someone’s death. It is normally filed by the family or close relatives that were left in bereavement after the victim’s death. The personal injury lawyers at Pohl & Berk, LLP said that while there is not enough replacement for the loss of a loved one, a sense of closure may be sought after through the filing of a lawsuit.

However, there are certain situations one should consider before filing a wrongful death lawsuit, according to All Law. Most definitely, the intentional killing of a person may be filed without meriting questions or doubts. Medical malpractice, or a medical professional’s failure to provide the required care, is also a qualified wrongful death case. Deaths from car accidents may also be filed as wrongful death, but only if the claimant believes that the other party has been negligent, which led to the accident.

In order to fully understand what a wrongful death lawsuit entails, the elements of it must be enumerated. First and foremost, there should be the death of the person, which leads to the question whether the death was a result of someone else’s negligence, according to Find Law. If it is, then the remaining family members or any assigned person, who are now suffering several damages after the victim’s death, may now bring up the civil lawsuit. Lastly, there should be a legal representative for the family.

After a lawsuit is brought to the court, the kind of damages is then determined – whether it is pecuniary/financial or punitive or both. Pecuniary damage refers to the medical and funeral expenses to cover the victim’s death and any loss that is monetarily quantified. Punitive damage, on the other hand, is focused on the punishment that should be given to the defendant.

Going through a wrongful death lawsuit might be mentally, physically, and emotionally exhausting.

Read More