Dumb And Outdated Arizona Laws

464997291Arizona will be the focus of this post on outdated and dumb state laws. Many of the most ridiculous laws on the books in this state appear to be attempts to govern private behavior. Others simply don’t seem to make any logical sense at all. The following article details some of the stand-out ones among stupid state laws.

Although summer temperatures in Arizona can top 120 degrees Fahrenheit, it might seem unlikely anyone could get in trouble for refusing another person a glass of water. This refusal is unlawful and can result in a fine. The desert state might seem an unlikely place to find camels, but they do roam free after a failed US Army experiment. Hunting them is prohibited by law.

Probably the most outdated dumb law is in effect in Maricopa County, Ariz. It states that no more than six women can live in the same house. Otherwise the house would be considered a house of prostitution. Another nonsensical law dictating private behavior outlaws more than two dildos kept in the same residence. In Mojave County, any person apprehended stealing soap is required to wash him- or herself with it until it’s all gone. Rather unbelievably, women are prohibited from wearing pants in the city of Tucson.

In the Phoenix suburb of Tempe, no one under the age of 18 is allowed to buy spray paint, though some may agree with this attempt to curb spray-painted graffiti on walls. Another law that many state residents find acceptable is the prohibition of cutting down saguaro cacti, which are treasured symbols of Arizona statehood. Another wildlife related law prohibits donkeys from sleeping in bathtubs, though it seems rather absurd there would be enough of a need for this law to be passed.

While crime doesn’t pay in the first place, it’s inadvisable to commit any misdemeanor crime in the state of Arizona while wearing a red ski mask. Doing so will automatically have the crime in question upgraded in severity to a felony. If any person is attacked by a mugger in Arizona, he or she is allowed self-defense only with the same weapon the mugger has. Follow us for more on law, crime and legalities.

The Fifth Amendment Explained

461053341

The fifth amendment to the US Constitution is designed to protect people against self-incrimination when they’re arrested on suspicion of a crime. It helps to ensure the treatment of the accused as innocent until proven guilty. A specific clause in the amendment prevents double jeopardy, which is a situation of an accused person brought to trial twice for the same crime. The same amendment also ensures the right to due process of law, a speedy trial and the right to fair compensation paid to crime victims.

According to the fifth amendment, no one accused of a crime can be forced to testify against him- or herself in a court of law. This extends to the requirement that the accused can’t make statements that count as self-incrimination. This amendment is the origin of the right to remain silent when arrested, and it’s tied closely to the Miranda rights that need to be read to anyone upon arrest.

The idea of the right to remain silent comes from the 17th century English politician John Lilburne, who refused to sign a pledge to answer every question asked of him upon arrest for distributing Puritan literature. Even after public corporal punishment, he continued to campaign for the rights of the accused and for protective measures against their being imprisoned for crimes they didn’t commit.

Further development of the fifth amendment is credited to James Madison, the fourth president of the United States and one of the framers of the Constitution. He wrote that no one should ever be forced to be a witness against him- or herself in any type of criminal case. Several of the first US states didn’t include these protections in their individual constitutions, and Madison felt it was vital the rights of the accused be preserved on a federal level.

Since its inception, the fifth amendment has been changed and updated several times over the centuries. These amendments have included exceptions when public safety is immediately at risk and when a non-custodial parent is accused of kidnapping his or her child away from the custodial parent.

Follow us for more on law, crime and legalities.

What Is The Three-Strike Law?

467309593

The three strike law is also referred as the habitual offender laws. These are statutes that are enacted by different states in the United States of America to ensure that people who have the habit of committing crime get higher sentences in subsequent crimes. This is so for offenders who have been convicted of two crimes of a serious nature prior to the third crime. In most of the states that have three strike laws in place, offenses that amount to felony are what is deemed as serious offenses.

The punishment that these habitual offenders face is majorly life sentences since the law seeks to increase the sentences served by these people. The enactment of the three strike laws in different states may vary but most states ensure that the offender is jailed for a minimum of 25 years and some even get the full life sentence. Some of the offenses which lead to such sentences include violent murder, burglary, firearm violations and many more. The law therefore seeks to put away serious criminals for longer period with an aim of reducing the levels of crime experienced in different states.

The effectiveness of the law however has been questioned in some states. People with prior criminal record are sent to prison for longer even for crimes where they would serve shorter sentences. This has led to an increase in the population in the prisons and therefore the government spends more money to keep these criminals away. This has not augured well with some leaders and therefore the challenging of the law. However, in some states, the law has worked well and the level of criminal activity has been on a decline.

The three strike law has been seen as an infringement on the rights of some of the citizens in some states. It is against the law to offer and unjust and cruel punishment for a crime and this has been promoted by the use of the law. People who commit minor crimes may be sent away for long periods and therefore an infringement on their rights. Well, although this may be true, it leaves the question of whether or not the law should continue being used in different states.

Follow us for more on law, crime and legalities.

Quick Advice If You Have Been Involved In A Retail Scam

468266197

Some people will do anything to make money even if it involves shady business practices. There have been countless scams targeting consumers over the years. The public needs to be aware of their rights and their options should they become a target of these bad elements. Here are a few pertinent advice about retail scams:

What to Do If You Fell Victim to a Scam

Hold on to all the evidence that you have been a victim of deceptive business practices. The paper trail is particularly important as it will help in the prosecution of the offender if the case reaches the courts. Ask for assistance from the local consumer protection agency. There is one in every state that monitors scams. The staff can help to verify what type of scam was committed and who the likely perpetrators are. For large fraudulent schemes, even the FBI may get involved in the case.

Getting Your Money Back

It can be extremely difficult to get your money back. However, this may be accomplished if you were charged via credit card. Just file a dispute with the bank. The same goes for phone bills and utilities. Dispute the charges with the company. Even online auction sites have implemented anti-fraud measures like customer insurance. Inform them of the fraudulent transaction so that they can bar the offender from the site and provide compensation.

Filing a Complaint

Once you have verified that you were indeed scammed, you have every right to file a complaint. You can file with the Better Business Bureau or any pertinent local government agency. You may also want to go to Fraud.org to seek their assistance. They can forward your complaint to the most appropriate body for immediate action. If you are unsatisfied with the pace of your case, then seek persons in the media to cover your story.

How to Handle Unwanted Deliveries

There are a lot of scams wherein people receive deliveries for items they didn’t buy. They may later on find that they have been charged for these without their consent. Dispute the charges and ask for proof of order. Offer to return the items. Be careful not to sign up for memberships and free trials if they aren’t necessary.

Follow us for more great articles on Law, Legalities and Crime.

Legal Terms Everyone Needs To Know

186282845

Sooner or later, virtually everyone has to consult a lawyer whether it is for a home purchase, family issues, business transaction or other concern that needs legal representation. When that happens, many individuals are often caught up with legal terms and have no clue as to their meaning. Here’s a list of legal terms that everyone should know before walking into an attorney’s office.

Credibility

This word tells someone that you can be believed. Credibility is essential to every lawsuit and means that you or another individuals is trustworthy and honest. Credibility is an ongoing issue, starting with being open with your lawyer continuing through deposition and during trial testimony.

Damages

This term refers to the amount of money an individual recovers in a lawsuit. It can include lost wages, lost profit, out-of-pocket costs and more. The idea is that damages suffered are losses that may be recovered in a lawsuit.

Default

A default occurs when the court prevents a plaintiff or defendant from advancing their case  because they have failed to do what was required by the law. Defaults may be lifted when compliance occurs.

Defendant

The defendant is the person defending himself or herself in a lawsuit, or someone who has been accused of wrongdoing.

Discovery

This is the process that permits both sides of a lawsuit to file papers requesting the other side to furnish information. When one side requests discovery, the information must be furnished in a short amount of time, usually 30 days or less.

Docket

A docket is the manner in which the court keeps track of a case. When a case is “on the docket,” it means it is schedule for some kind of hearing.

Liability

This term means that the defendant is responsible for damages. In other words, one party is liable for damages suffered by the other.

Malpractice

Malpractice can be difficult to define. In order to prove malpractice, four things need to be proved: a duty to provide care to the patient; failure to provide care in accordance with community standards; failure to provide treatment was a substantial cause of injury, and; the patient or client suffered an injury requiring compensation.

Negligence

The basic definition of negligence is one individual has a duty to another individual,with the first party breaking the duty, resulting in a compensable injury to the other party. Negligence may be applied to a wide range of situations.

Plaintiff

Also called a claimant, this is the person who brings a lawsuit to recover damages from wrongs committed by a defendant.

Make Sure You Follow Us For More Information and Answers to Your Legal Questions.

Can You Get A DUI From Prescription Meds And OTC Medications?

103576988Driving Under Influence isn’t limited to intoxication from alcohol. Plenty of defendants were charged because they ingested other substances that impaired their ability to drive, hence putting the public at risk. Some of these are prescription and over-the-counter medications. Be sure to look into the side effects of whatever drugs you are taking. Exercise caution by avoiding the wheel until after the effects have subsided.

Cold and Allergy Medications

It is common to get colds and allergic reactions. When you take medications to banish their symptoms, you are also probably ingesting sedatives that might cause drowsiness. Others have stimulants that increase nervousness. These ingredients are the reason why many of them come with warnings on the label that they should not be taken by those intending to drive. These might not be prohibited drugs but their effects can be just as dangerous and so charges may be filed against violators.

Painkillers

There are many classes of painkillers. If you are going to drive, be sure to take those that trigger significant intoxication. Stick to ibuprofen, aspirin and acetaminophen. Avoid things like codeine and morphine as they are potent sedatives that often leave people very sleepy. The last thing you want to do is fall asleep at the wheel and cause accidents that could endanger your life or somebody else’s. Even at a low dose, reaction time will become impaired and sometimes those split-second decisions make the difference between life and death.

Weight Loss Medications

Prescription meds for weight loss may contain amphetamine which is a powerful stimulant. It is also addictive so it should only be taken under the strict directions of a physician. Even a small dose is enough to trigger anxiety and paranoia which can adversely affect driving behavior. Patients taking this drug should refrain from driving as their decision-making may be impaired.

Should you be caught by a law enforcer with medication DUI, call a defense attorney immediately. It will be difficult to convince an officer that the meds were for a real health issue. A savvy lawyer will be able to get your case dismissed or at least lower the penalty.

Follow us for more great articles on Law, Legalities and Crime.

Are You Legally Required To Report Child Abuse In Colorado?

166723269

State law requires people in a number of different occupations to report child abuse in Colorado. This protects children from neglect and abuse by making it more difficult for adults to hide mistreatment from the authorities. You may be required to report abusive behavior if you work in one of the following fields:

Education Professionals

This law applies to all employees and officials who work for schools. Affected staff members include teachers, principals, cafeteria personnel, school nurses, guidance counselors and others. Employees of private and public educational institutions must obey this rule.

Medical Professionals

A wide range of health care workers are required to tell local or county authorities about abuse and neglect. The law applies to surgeons, doctors, trainee physicians, health associates, counselors, dietitians, pharmacists, examiners, mental health workers and all hospital staff. It also affects specialists, such as chiropractors, dentists, hygienists, optometrists, podiatrists, chiropodists, therapists and even veterinarians.

Government Professionals

Colorado law asserts that several types of government officials and employees must report mistreatment. They include coroners, victims’ advocates, social workers, family or child investigators, animal control officials, juvenile probation officers and parole officers. The law also applies to all Department of Human Services and Bureau of Animal Protection staff.

Emergency Professionals

Most people who respond to emergencies are affected by this requirement. Peace officers and firefighters need to report evidence of neglect or abuse. The same goes for Colorado ambulance personnel.

Religion Professionals

This state law applies to members of the clergy and practitioners of Christian science. The clergy includes rabbis, priests, ministers, religious leaders and members of religious orders. They must tell government officials about abuse committed by parents, co-workers or other individuals.

Photo Professionals

Colorado enforces special requirements for people who work in businesses that produce photo prints or process film. If video or photographic materials contain child sexual activity, the law mandates that they contact police by phone as quickly as possible. After no more than 36 hours, they must also copy and send the material to local authorities.

Individuals who fail to notify the police may be found guilty of a misdemeanor. Regardless of your occupation, it is always best to report child abuse in Colorado. This discourages such behavior and helps to ensure the safety of children.

HAVE YOU BEEN ACCUSED OF CHILD ABUSE IN THE STATE OF COLORADO?
Peter Albani Law Firm Is Denver’s Leading Child Abuse Defense Attorney and Will Stand By Your Side to Ensure That You Get a Fair Trial:

denver child abuse defense attorney

Your Tips About Personal Injury Can Be Found Down Below

159085284

If you are thinking about starting a personal injury suit, there are lot of things for you to consider. You need to be able to really get serious about what you want in a lawyer, know what information you need, and know how to best win your case. Here are some tips to help you do that.

If you have medical bills as a result of your injury, make sure you keep copies of any bills. Remember, you can be reimbursed for more than just your out-of-pocked expenses. You are entitled to the actual cost of the treatment you received or the medicine that you took. Make sure you file all of your invoices so you have the proof that you need to give to the court.

Asking for a referral for a reputable attorney from a family member, friend, neighbor or colleague is a great way to find a personal injury lawyer. If you can find someone who has gone through a personal injury case, he will be able to help provide you with valuable information including how he found his attorney and how their court case went.

It is possible to locate a personal injury attorney online, but don’t forget to check with people that you know, either. You may be surprised at the number of people who have had to deal with a similar situation before. Ask for their recommendations or find out if they had a negative experience with anyone in your area.

Always go to the hospital if your injury may be the fault of someone else. If you do not fully document your injury as soon as you can you put yourself at risk for not getting the money that you may deserve in a settlement. So, if you want to protect yourself, be sure to visit a doctor right away.

When you are considering mounting a personal injury suit, it is important for you to think about certain things. Use the information in this article to help you feel more confident about your suit, and having everything you need in order to be successful. Remember these tips and you’ll prevail.

Creating A Long Distance Custody Plan For Your Kids And Your Ex

87368873

Regular contact and shared custody is always important for families in divorce situations, and long distance shared custody can be hard on everyone involved.  However, a manageable long-distance custody plan can be worked out in such a way that everyone benefits.  The key to making these types of plans work for everyone is detailed planning and taking into account the needs of each family member.  A long distance parenting plan should cover the following aspects:

Routine Monthly Visits

Some long-distance custody arrangements will require regular monthly, or even semi-monthly visits.  This type of plan works best when there is ample notice given and open communication between both parents.  However, depending on distance and scheduling, such visits can become quite disruptive to the lives of the children and can become rather expensive.  In these circumstances, it may be better to schedule visits over long school breaks and holidays.

Time During School Breaks

To help make up for lost time during the normal school year, arrangements can be made for children to spend time with the non-residential parent over school breaks, holidays, and the summer.  In fact, in these circumstances, children may spend a large majority of their summers and breaks with this parent.  The non-residential parent should always consult the school calendar that corresponds with the district the children are in when making plans for visitations.

Major Holidays

Family holidays, such as Christmas and Thanksgiving, are generally split between each parent.  Most parents prefer having the children for at least one major holiday per year and the holiday can alternate.  Additionally, longer holiday weekends, such as Memorial Day or Labor Day should be a designated time for the out of state parent to spend with the children.

Communication and Planning

A long distance parenting plan will go smoother for all involved if parents communicate about their intentions, desires, and plans.  Both parents should be fully aware of their children’s school calendar and be willing to develop a visitation schedule based on that.

Work with an Attorney

An experienced family law attorney can help guide you through developing and executing a long-distance parenting plan.  This will allow both parents the time and opportunities they need to stay connected to their children.

Long distance custody and parenting plans are not easy.  However, with open communication and ample planning time, they can work for all who are involved.  Parents should be willing to communicate and compromise, as well as plan family time and vacations well in advance.  Hiring a family attorney can help your parenting plan run as smoothly as possible.

Continue to follow us for more parenting tips and advice.

Simple Tips About Leadership That Are Easy To Follow

482418461
Becoming a great leader in the business world involves a lot of hard work, a good amount of dedication and the development of important skills. While we cannot provide you with the ability to complete challenging tasks or give you the motivation to succeed, we can educate you about the skills necessary to become the leader you want to be. Continue reading and learn more about what it takes to get to greatness.

Even if you are not the best at everything you do, you should never let people know that. Being a leader is about accepting the negative things about yourself, but not allowing them to stop you from doing your best. This pertains to all points in your life where you may be lacking.

Good leaders should be honest people. Do what you can to tell the truth. Remain authentic. When you tell the truth, do so kindly. Be open about any mistakes that have occurred. Mistakes will happen, so you need to accept them. It is those mistakes that you can use to find a new solution. They can provide you with nearly limitless opportunities.

Don’t micromanage. Leaders don’t do all the work. They inspire and train others to make decisions with confidence. If you are always nitpicking on things and doing it yourself, then you’re sending a signal to your employees that you really don’t want their help. That’s not leadership at all. Take a step back and figure out how you can inspire your employees to make the right decisions.

Leadership involves work, skill and education. Here we have provided you with that education. Take the advice we have given to you, and use it to enhance your leadership abilities. If you do this effectively, by putting in the work and dedication, you have the ability to soar to greatness and achieve a lot in the business world.