Archive for June, 2019

Proposed Law Would Extend Opportunity to Immigrants

Thursday, June 27th, 2019

Proposed Law Would Extend Opportunity to Immigrants

In Wisconsin, many students have to go to extraordinary lengths and endure a lot of stress in order to make ends meet. While they’re seeking to make a living and earn their way into school, they do so worrying that they can be deported at any moment. That’s because driver’s licenses and in-state tuition are unavailable to residents whose parents brought them into the country illegally when they were little. However, one lawmaker — Tony Evers — is seeking to make the situation better for them by extending driver’s license and in-state tuition privileges to children whose parents brought them into the country illegally.

The Current State

As it stands, children whose parents brought them into the country illegally face incredible odds when it comes to going to college. Without access to a driver’s license, they have to travel sometimes hours by way of public transportation in order to get to college — assuming they were able to gain access to education in the first place. On top of that, if they are able to gain access to education, they have to pay higher fees than other state residents because in-state tuition discounts aren’t offered to them. There are several accounts throughout the state of students who are working multiple jobs, traveling hours to school, and working incredibly hard just to make ends meet and get an education, and then having to pay more than other state residents to get that education. Finding financial aid can also be difficult on top of everything else since they don’t have access to a driver’s license. The situation is very difficult — more difficult than it needs to be — and Evers wants to change that.

Evers’ Plans for Change

Evers wants to make things just a little easier for these individuals who are currently facing barriers to driver’s license and in-state tuition access. His bill and legal efforts would change the law, extending the ability to obtain a driver’s license to children whose parents brought them into the country illegally. These immigrants would also be allowed to apply for in-state tuition, which would lessen the financial barriers to education. Those who support Evers’ laws feel that it’s unfair to punish individuals for choices their parents made, and that as long as they’re contributing to the community and leading good lives that are crime-free and productive they should be given the chance to prove themselves. They also feel that unnecessary barriers to access to opportunity and education, especially legal barriers, are unfair, as well, and should be removed.

Republican Pushback

Republicans are none too happy about this law proposal. They feel that these issues should be handled at the Federal level and shouldn’t be included in the state Budget discussions. Some Republican lawmakers have been very vocal about their opposition to the case, one going so far as to call the state Budget agenda a “liberal wish list”. Some oppose the idea that “illegal” immigrants should be able to have access to in-state tuition and driver’s licenses, regardless of whether or not entering the country was their choice. Others are opposed to taking up the State’s time during budget meetings on what they consider to be Federal matters, whether or not they support the idea that Evers has. Either way, Republicans are hoping to keep Evers’ bills off the table, but many are still hopeful that it will go through and help thousands of people.

What to Do if You’re Struggling

Whether or not the bills pass, there are still legal options for those who are trying to obtain access to education and various services. Immigration attorneys in Wisconsin can help you fight for your rights and remove some of the obstacles to success. Never try to navigate the legal system on your own. Instead, make sure to have legal counsel at your side.

If you’re struggling to obtain fair treatment, access to education, and similar services and abilities, contact a Wisconsin immigration attorney today. Only a qualified and experienced immigration attorney can help you fight for your rights, obtain the best results, and help you achieve your dreams and be rewarded for your hard work. Don’t wait — contact an immigration lawyer today.

What Are the Different Types of Larceny and What Are Their Punishments?

Thursday, June 20th, 2019

What Are the Different Types of Larceny and What Are Their Punishments?

The legal definition of larceny is taking property that doesn’t belong to you without intending to give it back. As with most crimes, there are various types of larceny. Different types of larceny carry different punishments. Each legal case is different, so it’s important to consult with your criminal defense attorney to find out what the best course of action is for your particular case. However, here is some basic information on larceny that might help you.

Elements of Larceny

There are various elements to larceny. The first element is taking and carrying away. In other words, in order for your crime to be larceny instead of some other form of theft, you have to actually take the item and carry it away from the premise. The second element of larceny is personal and tangible property. In other words, you can steal somebody’s identity but that won’t be larceny because somebody’s identity is not a tangible object or piece of property. Thirdly, you have to have taken that item without permission from the owner. If somebody lends you an item for a period of time and you keep it for longer than that time, that is not larceny. Finally, you have to have had an intent to permanently deprive the person of that item. This element of larceny is the most difficult to prove because the person accusing you of larceny has to prove that your intention from the beginning was to permanently deprive them of that piece of property.

Most Common Degrees of Larceny

There are four degrees of larceny that are defined by the value range of the item or items stolen. First-degree larceny has a value of over one million dollars In the state of New York. Also in New York, second-degree larceny has a value that is over $50,000 but under $1000000. New York dictates the 3rd-degree larceny has a value greater than $3,000 but less than $50,000. And fourth-degree larceny in the state of New York has a value of over $1,000 but less than $3,000. Other states have other values associated with them, but this tends to be standard to most states.

Other Degrees of Larceny

It’s most common that first through fourth-degree larceny is used as a measure of how serious the crime is. However, there are three other types of larceny that exist. Petty larceny is a misdemeanor. The value that constitutes petty larceny is defined by the state. Petty larceny may have other contributing factors of the crime, as well. Grand larceny is typically defined as any value that exceeds the state’s first-degree value. That value is always determined by the state. In New York, it would be anything over $1000000, but in some states, it would be anything over $400. Felony larceny is also a category that some states use in place of grand larceny. It’s basically the same thing as grand larceny, except the name clearly designates it as a felony. Usually, felony larceny contains an element of breaking and entering as a means to obtain the property in question. Felony larceny can also include the use of explosives or other devices to gain entry.

Punishments For Larceny

The punishment for larceny depends on the value of property stolen, the property damage that occurred during the crime, your criminal history, state laws, and other factors. Punishment for larceny can range from restitution or the value of property stolen way up to Hefty fines and lengthy prison sentences. Some larceny cases lead to hundreds of thousands if not millions of dollars in restitution and up to a decade in state or federal prison.

Larceny is a serious offense. It’s important to obtain qualified legal representation any time you were accused of larceny. A criminal defense attorney in your state can help you defend your case in a court of law and obtain the most favorable outcome. Don’t leave your freedom and livelihood to chance. Consult with a criminal defense attorney in your state today and take your first step on the road towards protecting your freedom and your future.

What to Do If You’re Involved in a Car Accident

Friday, June 14th, 2019

What to Do If You’re Involved in a Car Accident

Being involved in a car accident can be terrifying and traumatic. While it’s often difficult to be logical in a situation that involves heightened emotions, there are certain things you can do at the scene of an accident that can help your case if you have to go to court. Of course, any time someone is seriously injured, you should tend to the injuries first. However, once you have a moment and all the proper authorities have been contacted, there are several things you should do to help establish the facts of the accident, both at the scene and in the following days. Relying on your memory isn’t the best idea, and your memory will be called into question in court. Having the proof to back up your story can make or break your personal injury case.

Take Photos

Photograph everything you can. From pictures of damage, both to your vehicle and the other vehicles involved, pictures of signs on the road, and photos that indicate the weather conditions are all great ideas. You can also establish the distance between vehicles after the accident occurred, the time of day, and other important factors. Here are a few things you should definitely snap some pictures of when you’re at the scene of the accident.

●     Your vehicle

●     The other vehicles involved

●     Any road signs or traffic signals, especially if they’re hidden or not visible from the road

●     Damage to property or surrounding structures, like guardrails

●     Absence of guardrails

●     The weather

●     Something that establishes time of day

●     Injuries

●     Number of emergency vehicles on the scene

●     Any and all damage to persons or property

●     Skid marks and road marks that happened during the accident

●     Items blocking the road or conditions that caused the roads to be dangerous

Call the Authorities

Everything is easier to back up when you have police reports and EMT records to prove your claims. You’re allowed to ask for copies of any police reports taken at the scene, as well. It’s important that you call the authorities to the scene, even if you think it’s minor. You’ll have a hard time winning any case you might bring in court without adequate documentation, and your personal injury attorney will have a very difficult time substantiating your claims without reports.

See a Doctor

You should have an EMT look at you if an ambulance had to be called, but you also want to make sure you go see a doctor after your accident. If you don’t have insurance or you don’t have a doctor you see regularly, even going to an urgent care facility can be helpful. Let them know what happened and anywhere you feel pain. Anything a doctor can verify and substantiate on paper will help to make your case, as well. Any follow-up visits you make to take care of long-lasting effects should be documented, as well.

Document Bruising

Bruises might not be immediately evident at the scene of the accident. It can take hours to even a day or so for certain bruises to materialize. So, if you know you were hit or suspect bruises in certain areas, make sure to take photographs of those bruises once they develop so you can add that to your evidence file, as well. Keep in mind that not all bruising is external, either. If you’re experiencing a great deal of pain in an area that doesn’t seem to show any external bruising, go see a doctor to make sure you don’t have internal bruising or bleeding.

Insurance Information

It’s very important for you to document the insurance information of you and anyone else who was in your car or at the scene. Most people understand that exchanging insurance information is just part of the process when an accident occurs. If certain parties are too injured to offer that information right away, you can still request that information through your insurance company later. At least try to get the first and last names of everyone involved.

Financial Expenditures

If you spent money on fixing your vehicle, going to the doctor’s, buying medication, or anything else that was a direct result of the accident, be sure to document that, as well. You also want to document money you didn’t earn as a result of your accident. For instance, if you couldn’t go to work because of your injuries and you lost wages, those lost wages can be included in the amount you’re owed if your personal injury attorney argues for compensation.

Names, dates, weather conditions, sign visibility, road conditions, time of day, property damage, financial expenditures, and physical injuries are all things that you want to gather information on and keep tabs on after an accident. The most important task at the scene of an accident is to make sure everyone is okay. After that, you can start tending to some of these issues and gathering the information you need. Your personal injury attorney can help you fight for your rights in court so you get the compensation you deserve.

What Happens If I Get a DWI Under 21 in New York?

Wednesday, June 5th, 2019

What Happens If I Get a DWI Under 21 in New York?

Like most states, New York has a zero tolerance policy when it comes to underage drinking and driving. If you are under 21 and you’re caught drinking and driving in New York, serious consequences await you. Even if you aren’t visibly impaired, if your blood alcohol content (BAC) is between 0.2% and 0.5% you’ll be charged with a DUI. This is how the process typically works. However, your case is unique and only a qualified New York DWI attorney can help you make the best decisions regarding your defense.

Temporary Detainment

If you’re under 21 and an officer pulls you over, even if it’s not for a suspected DWI, they may temporarily detain you if they feel you have been drinking. This temporary detainment usually occurs at the police station. If you test between 0.2% and 0.5% you’ll be charged with an underage DWI. Since you have violated the zero tolerance policy, your license might be suspended. However, you’ll have to go to the Department of Motor Vehicles (DMV) to determine that.

DMV Administrative Hearing

At the DMV, you’ll get the verdict as to whether or not your license will be suspended. If you’ve never been in trouble before and you don’t have a history of violating the law, you might be let off with a stern warning and/or probation. However, they could also decide to suspend your license. However, this DMV appointment is not like a normal one. It’s an administrative hearing in front of a judge, so you do have a chance to defend yourself.

Defense at the Hearing

You don’t want to go to this hearing without an attorney. The police officers that charged you have to prove several things in order for your license to be suspended. They have to prove that it was a lawful stop, their procedures were lawful, the test was done properly, you did in fact test between the set limits, and various other facts. Only a qualified New York DWI attorney can adequately challenge these assertions and defend you properly, so it’s not wise to go it alone. Hire an attorney to go with you so you can present your best case and obtain the best possible outcome.

License Suspension

If you lose the fight at your hearing, you’ll be faced with the likely possibility of license suspension. If it’s your first time, you might be facing just six months without your license. However, in some cases, your license could be revoked entirely for up to a year. Your particular outcome depends on the specifics of your case and how well you can defend yourself at your hearing.

If you’ve been charged with underage DWI in New York, it’s imperative that you hire a New York DWI attorney immediately. The legal system is intentionally designed to be confusing and difficult for the average person to navigate. Lawyers go to school for years to learn the ins and outs of the law, and only an experienced DWI attorney can help you adequately defend yourself and obtain the best outcome. Don’t risk your future; consult with an attorney today and protect yourself with legal representation.