Law blogits all about law

So, you want to go it alone, on your own? You don’t think you need to pay some company to help you determine if your new business partner, au pair or future son-in-law is on the up and up. Be prepared for long hours of research, lots of paperwork and a great deal of waiting. And waiting. And waiting.

Step 1: Verify Identity

The first thing you have to do when conducting your own criminal background check is to verify the subject’s identity. You don’t want to discover that you’ve just spent days researching the background of the wrong person. At the least you will need full birth name, any married or adopted names, and the person’s birth date. Most public records such as arrest records, court records and residential records require birth date verification because there is a good possibility that there really is more than one John Smith running around out in the world. The possibility of two John Smith’s sharing the same birth date is real, but mighty slim. If you’ll be considering a deep background check, say through the FBI’s criminal database, you’ll also need a set of fingerprints. As a prospective employer, you have the right to ask for this information, even the fingerprints. Your prospective son-in-law might find it strange, however, unless you can lift his from a glass or door knob or something without his knowing it.

Step 2: Verify Previous Places of Residence

Unless you know for certain that the subject of your criminal background check has lived at one and only one address for his/her entire life, you’ll need a record of all previous places they have lived. Most electronic databases have this information for at least 7 years. Some go back even longer. In the event that you’ll need to do legwork to carry out your criminal background check (and be prepared, you most likely will) you’ll have to cover all possible jurisdictions.

Step 3: Conduct Your Criminal Background Check

You can begin your criminal background check with your subject’s current residential jurisdiction. You’ll have to make a request of the court clerk for any records regarding your subject. You can forget about any crimes he/she may have committed before turning 18 (in some cases 21) as juvenile records are typically sealed. You can search at the local and state levels fairly easily in most cases with a simple request form. You may have to wait a day or two for that request to be considered legitimate, so be prepared to wait. After you’ve been granted permission, you’ll have to slog through boxes and boxes of papers in most cases. Computerized arrest and court records are fairly recent innovations. Small towns and cities tend to either not have them, have them only recently, or have a back-log of files waiting to be entered into the new database. If you are lucky enough to conduct your search in a larger city with computerized filing firmly established, you may still need to dig through the dusty boxes in the basement of the courthouse for any records of crimes committed prior to the computer’s use.

Now, remember when we discussed verifying a residential history? Here’s why – you’ll need to conduct local searches in each and every local jurisdiction. That means that if the person in question has lived in seven different cities in 6 different counties in the last 5 years, you’ll have to visit each and every one of them before you can be assured of a clear record. No open-to-the-public nationwide criminal database exists. Not even the FBI has one. (The NCIC, or National Crime Information Center, is only available to law enforcement officials.) So, you’ll be slogging through boxes in lots of courthouses and statehouses if your criminal background check subject has moved around a lot. If your subject has attended a private school or college, consider contacting them, as well. Some colleges and universities don’t report crimes committed on campus for fear of bad publicity, especially minor crimes and student-on-student crimes. To ensure that your subject’s wild-oats days weren’t a source of criminal activity, you’ll want to contact the campus police or public safety officials.

Let’s suppose that you did manage to lift a good clear set of son-in-law-to-be’s finger prints from his water glass at dinner and you want the FBI to run them. You’ll have to fill out a request form, wait for it to be processed and then wait 24 hours to a week to get your results. The FBI can tell you if the subject has ever served in the military, ever been employed by local, state or federal government, and whether or not his fingerprints are on file for any other reasons (gun ownership, criminal record, etc.) Employers are supposed to be assured of a 24 hour response for prospective employees, but the general public may have to wait a while for their results. I think that’s probably a deterrent to prospective fathers-in-law and other nosey neighbors.

Whether or not your search turns up anything is a good thing or a bad thing, depending on what you hope to find. You can hire someone to do the “dirty work” of slogging through old case files. You can spend weeks and even months before you find out what you did or didn’t want to know. My best advice is to hire an online criminal background check firm like Instant People Check and let them do the work for you. They’ve got nearly instant access to local, state and federal records you could never search as quickly or as thoroughly. And they don’t need the boy’s fingerprints to do it!
Instant People Check is a leading provider of an instant criminal background check online. For just $12.95 you’ll a lot more about your potential new hire that they may want you to. You can do national or state-specific criminal records checks quickly and cheaply.
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In all of the provinces of Canada, the Youth Criminal Justice Act  (YCJA) is the body of law that establishes the procedures for youthful offenders. The YCJA covers young people who were between 12 and 17 years old when they committed the action of which they stand accused.

When a person in this age group breaks the law in Toronto, Ontario, the authorities will refer to YCJA to determine the appropriate handling of the charges. Following a number of progressive reforms throughout the last half of the 20th century, the police and the Ministry of the Attorney General make every effort to deal with these young people without initiating formal court proceedings, called “extrajudicial measures.”

Those accused of very serious or violent crimes, many repeat offenders and youths that fail at the prescribed extrajudicial measures will be charged and go to court. If they are found guilty, the court will hand down a sentence that does not include the options available extra-judicially.

Extrajudicial measures

Throughout Ontario, it is the Ministry of Children and Youth Services that oversees the programs and services for young people who have been deemed acceptable for extrajudicial handling, or have been determined to be “at risk” of breaking the law by one or another public agency. The ministry’s services are designed and applied with the intention of

• building safer communities and preventing crime,
• empowering young people to make better choices,
• confronting youths’ issues to keep them from getting into trouble again, and
• holding them accountable for their choices and actions.

If your child is scheduled for a “day in court,” it means you have already gone through an assessment by the police as well as the Ministry of the Attorney General (AG), the department that oversees the court processes for young people. Working closely with the Ministry of Community Safety and Correctional Services (CSCS), which oversees the police, the AG initially attempts to handle the youth’s troubles outside of the formal court system.

It is not unheard of for some cases to be referred back to this phase even after a “day in court” has been scheduled, as Canadian juvenile justice is predicated on the belief that young offenders have wholly different needs and propensities than do adults.

This realization has prompted the Province of Ontario to provide young people with chances to take advantage of effective diversion programs before initiating court proceedings. These extrajudicial measures and sanctions are put into practice in schools throughout the province, bringing together the police, educators and community agencies address a range of youth issues and help troubled young people stay in school

Community and restorative programs

The young people in these extrajudicial programs are taught to take responsibility for their own actions and learn new skills for staying out of trouble. Specific diversionary actions might include

• counseling for behavioral issues and drug abuse,
• volunteering in the community,
• repairing, restoring or reimbursing for both damaged and stolen property,
• writing (and reading aloud) an apology, and
• taking anger management classes, if appropriate.

There are also “restorative justice programs” in which the youthful offender, his/her family, the victim(s) and community representatives assemble, under the supervision of trained facilitators, to discuss the offense, the harm it caused and ways to redress the wrong.

Additional community-based services include community service, probation, structured programs at designated Youth Intervention Centres and specialized mental health services. If your child is being considered for an extrajudicial or community-based diversionary approach, there will be guidance provided to you, as parents, so that you may effectively advocate for your child’s best interests. These interests, of course, are foremost in the mind of the judicial officers and magistrates, as well.

Official court proceedings

If the informal extrajudicial measures are determined to be inappropriate for rehabilitating a particular youth accused of a crime, the authorities may choose to lay a charge against the young person. From this determination a number of steps ensue, which are your responsibility, as parents, to take with and for your child. Understanding your child’s rights, your rights as parents and the general operations of the youth court system under the YCJA are essential for achieving justice.

Once a charge is laid, judicial system officials are charged with protecting the young person’s rights at every step of the process. The first obligation is always to inform young persons of their right to counsel, and to contact the parents or guardians. The judicial process will then proceed through the following steps: first appearance, plea, trial and appeals processes. The YCJA also describes and defines the situations in which the court can summon the parents of the young person to appear, order a medical and/or psychological report on the accused you, place the young person with a child welfare agency and, perhaps most importantly, decide whether to release or detain the accused pending trial.

Various parts of the YCJA apply at various stages of the proceedings, even after the young person has been found either guilty or not guilty. For example, the right to an attorney is applicable through the young person’s entire experience with the court system, as are rules regarding the medical or psychological assessments. Perhaps the best advice for parents with children facing charges in Toronto, or anywhere else in Canada, is to read through the YCJA themselves.

Judges will sentence a youth to custody if other measures are unsuccessful in deterring the criminal behavior. A custody sentence will be for a specified amount of time, and there are both “open” and “secure” custody arrangements. Youths do not go to prison, per se, but to custody residences located throughout the Ontario. When in custody, youths are required to participate in programs that offer education, life skills, cultural programs, emotional and addiction counseling, anger management and physical recreation.

If charges are, in fact, laid against your child, it is always a good idea to get up-to-date legal advice from a licensed attorney, and resist the notion of representing your child yourself. For extrajudicial and diversionary phases, you may not need (and, depending on the proceeding, the court may not even allow) an attorney by your side. However, it is a good idea to seek advice from one, anyway, so that you are fully aware of your own rights as parents, and of the options and alternatives available to you and your child under the laws of Canada, which aim at all times to be the most progressive, humane and effective in the world.Kostman & Pyzer is a criminal defence law firm serving clients in the Greater Toronto area and elsewhere in the province of Ontario since 1983. Not every toronto lawyer is created equal. We are creative, experienced and hardworking. We pride ourselves on our aggressive representation of clients and our relentless commitment to success.

Carbon monoxide (CO) is a colorless and odorless gas produced by the incomplete burning of material containing carbon. You can’t see it, smell it or taste it but carbon monoxide can cause serious illness or death. It has been referred to many times as the “silent killer” and is the leading cause of accidental poisoning deaths in America. The Center for Disease Control (CDC) estimates that CO poisoning claims nearly 500 lives, and causes more than 15,000 visits to hospital emergency departments every year in the U.S.

To be sure, this odorless, tasteless and colorless gas is ruthless. Your exposure to CO would quickly result in one or more symptoms including headache, nausea and fatigue. The deadly gas goes undetected in a home without a proper CO detector, and if the people exposed to it do not know of its existence in their environment a proper diagnosis is problematic. Further, CO poisoning can be notoriously difficult to diagnose because the symptoms mimic those of other conditions, notably the flu. Children, pregnant women, babies and individuals with heart conditions are at most risk but CO poisoning can affect anyone. Prolonged exposure can lead to brain damage and ultimately death.

Sources of CO

Some sources of carbon monoxide include gas water heaters, kerosene space heaters, charcoal grills, propane heaters and stoves, gasoline- and diesel-powered generators, cigarette smoke, propane-fueled forklifts, gas-powered concrete saws, indoor races or tractor pulls, boat engines, spray paint, solvents, degreasers and paint removers. Although CO results from when any material burns, more is produced when there is insufficient oxygen for fully efficient combustion. And, yes, cigarette smoke, including the second-hand variety, contains CO, although in an insufficient concentration to do immediate damage. Given enough time, of course, even small amounts of CO can build to dangerous levels in the bloodstream.

The danger comes from improperly vented appliances and machinery such as those listed above, especially ones that run for extended periods of time near human habitation. Such continuous exposure can lead to flu-like symptoms, as noted previously, but would keep escalating into more severe headaches, fatigue, dizziness and nausea. As toxic levels are approached, a victim may experience mental confusion, severe irritability, impaired judgment, memory loss and lack of coordination.

Treatment and prevention

The fastest and most effective way to begin treating the effects of CO poisoning is to relocate affected people (and pets) to open, fresh air away from the source of the gas immediately.  At an emergency room, someone suffering from acute CO poisoning will be given pure oxygen to breathe, which speeds up the excretion of the gas from the blood. More serious cases may require a special treatment known as Hyperbaric Oxygen Therapy (HBOT). This therapy can significantly improve the chances of survival and reduce the risk of further damage to the body. HBOT elevates the amount of oxygen in the body to about ten times normal levels by placing the victim inside a hyperbaric (higher than atmospheric pressure) chamber. Most of the developed world’s hospitals are now equipped with this lifesaving technology.

The best way for you and your loved ones to avoid the “silent killer” is to be educated on how and why CO poisoning occurs. Also, if you live in an environment that includes any of the CO sources mentioned above, you should take the appropriate action to repair any leaks or malfunctions in them. Of course, installing CO detectors in your home and place of business, and maintaining them with fresh batteries, is a powerful preventative step, as well. If you do not think ahead and follow a thorough anti-CO strategy, you are most definitely putting yourself, your family, your friends and neighbors, and your employees at great risk.

Robert P. Schuster, P.C., has achieved its reputation as a law firm by winning big cases—in jury trials and in settlements. He has a national reputation for success in representing his clients in cases including carbon monoxide poisoning, business torts, intellectual property, commercial litigation and brain injury.

You’ve finished school. You’ve got your whole future ahead of you. Lots of questions. Lots of possible answers. One possibility is to continue your studies in the US. But how do you go about it? What steps do you take to ensure that your American educational experience is a success?

Choosing a School

The first thing you have to consider is which US school is right for you. The American secondary educational system is extensive, offering everything from professional certificates to doctoral degrees. There are schools of every size, from small, private institutions to large, bustling state university campuses. The choices seem limitless.

Your first decision to make is your course of study. Determining what you want your future career to be will help determine what sort of school you need to attend. Can you acquire your education at a trade or vocational school? Do you need an Associates, Bachelor’s or even higher degree? Once you’ve determined the type of educational institution to attend, you’ll have to decide to which school you send your application for admission. If possible, do some research, especially among the school’s international student community. Just because a school is considered to be prestigious in one or two areas does not mean that all of its programs are just as strong. Weaknesses are inevitable. Make sure your program of interest is considered one of the best the school has to offer. If not, choose another school. Community attitudes are also something to consider. You don’t want to place yourself in an unfriendly atmosphere, on or off campus.

Each school also has its own admission requirements. Contact the school you are interested in to ensure that the information you have is up-to-date and accurate. Research other schools, too, in addition to just one. Many large colleges and universities receive numerous applications but accept very few new students, while other schools accept nearly everyone who applies. Spare the heartache of being rejected by having an alternative second choice already picked out.

Obtaining Your Student Visa

You’ve been selected by the school of your choice. Now, how to you go about getting here? You must first apply for a student visa. A visa allows you to travel to a US port-of-entry and apply to the immigration officer there for entry into the country. It does not guarantee entry will be given, but it is the next step in your US academic success. There are several different types of US student visas – the F - 1, the J - 1, and the M - 1.

The F-1 visa is for students studying at an accredited US college or university, or studying English at a college or university, or attending an English language course at an intensive language institution. It is the most common student visa applied for and granted to foreign students.
The J – 1 type student visa is for those who are participating in a student exchange program. It allows you to trade places with an American student for a specified period of time.

The M – 1 student visa is for those pursuing technical or vocational, but not academic, education in the United States. Nonacademic programs offer educational opportunities for students wishing to pursue careers that do not require academic degrees. Many are certificate or diploma programs.

Whichever type of visa you determine you will need, you’ll need a form from your chosen college or institution, either an I-20 or a DS-209. These forms state your entry qualification as an accepted and enrolled student in a US school. You’ll also need to schedule and complete a visa interview at the embassy or consulate nearest you. Since acquiring the appropriate form and interview can take some time, it is essential that you begin well in advance of the start of your courses. You cannot enter the US more than 30 days before the start of your classes, but it still better to be completely ready to arrive than to chance being late or even hurried.

Your First Weeks as a US Student

You’ll want to arrive early enough to settle in, making your dorm or apartment a comfortable, pleasant place to live. First year students, no matter how fervently engaged in learning and social activities, tend to experience feelings of loneliness, homesickness and culture shock. Creating a warm, inviting, safe place to come home to at the end of a bad day is important to both your mental and emotional state.

You’ll also want to acquaint yourself with the campus and the community surrounding it, whether New York City or a small town in rural America. Being familiar with campus will help you navigate buildings and classrooms, easing some of the anxieties often associated with new environments. Getting to know your school’s community can offer you new and exciting cultural experiences as you get to hear, see, smell, taste and touch “real America.” You may find a haven away from the hustle and bustle of campus, or a religious or cultural center that can make you feel a little closer to home.

Most large US colleges and universities have social groups specifically for foreign students. Some are culture or language specific, while others may just offer the company of other students far from home These groups or clubs can be excellent places to meet and socialize, especially if your language skills make socializing with English speaking student uncomfortable.

Keeping a journal, scrapbook or photo album will create an invaluable memoir of your time spent in the US as a student. Begin early, taking photos or writing journal entries from your first day. Not only will they serve to preserve memories you may otherwise forget, they can offer a record of your journey, from being a “stranger in a strange land” to a confident, comfortable “citizen of the world” upon graduation.

Power Visa.com is an online, full-service immigration lawyer to help with your immigration needs. Visit them online today.

Let’s face it, no one likes getting a jury duty request. The first sign that you will heading down the bureaucratic path is when you receive a letter in the mail regarding a trial date and time that you’re expected to arrive. Your name can end up on the prospective juror list if it’s in one or more databases, including voter registrations, utility bills, driver’s licenses and property tax rolls. Regardless of your situation and how you ended up getting “called for jury duty,” there are certain criteria that must be met and answers that must be filed with the court clerk before you arrive in the courtroom.

When you get your letter, there will be a set of instructions with it. It really will pay you in the long run to (a) keep this letter, (b) read it carefully and (c) do what it tells you. There are now fines and other civil penalties that can be meted out if you ignore the letter, which is, in point of fact, a legal summons. Be sure to check the due date on the card, and note that (in many locales) the first thing you must do is call a specified phone number and check in. If there is no reason that you cannot serve, you will be told to show at the appointed time and place.

Exemptions and exclusions

If, after reading the instructions, you see that you are not required to serve, you will have to fill a form and mail it in. There is a section to fill out for individuals that have legitimate excuses to miss jury duty. Of course, there are no longer very many reasons that the court will accept. All of the exemption options available to you will be listed on the letter’s questionnaire.

If you have been convicted of a felony, are a sworn peace officer currently on active duty, are in the military (with certain exceptions) or are the sole support and care for an elderly or disabled person, you will be disqualified from service in most states. Again, if you have determined that you are not eligible for an excused absence, you are normally expected to call a phone number on the letter to confirm the specific time and place of your jury duty.

Going to court

If you are selected to be in a pool of potential jurors, you will need to arrive on time, without fail. Being a little bit early never hurts, but being even a bit late can get you in hot water. Missing the appointment entirely will result in a bench warrant being issued in some states and counties. When you finally do get to the right place, there will typically be a court officer (bailiff, sheriff, clerk) that will hand you a form to complete with your name and various other types of information that the court needs.

This information you supply will be combined with other data and used to help select the final panel of jurors that will be seated for the trial. Once the officer has collected each form, the judge is then informed that the potential jurors have been “prepped” and they will then be taken into the courtroom.

From Rome to Britain to America

Defense attorneys are present in the courtroom when the “jury pool” arrives, and defendants may or may not be depending upon a number of legal circumstances. In criminal trials, the plaintiff is a prosecutor for the state or county in which the crime was committed, with the case being filed by the district attorney’s office in most jurisdictions. The judge will brief those present in court, including any spectators or media in the gallery, about the case and then the jury selection begins.

“Voir dire” (vwahr deer) is a phrase in law that derives from an Anglo-Norman corruption of the Latin phrase “verum dicere” (to tell the truth). It refers to the process whereby attorneys for both sides, the plaintiff/prosecution and the defense, ask questions of potential jurors to determine their suitability for open-minded, even-handed deliberations. As each name is called, attorneys from both sides will ask the individuals certain questions about themselves and their beliefs, as well as things pertaining to the case. This is the only way to determine if that person will be a suitable choice for the final jury that is “impaneled” to hear the case.

Civic duty can cost you

If you are chosen as a juror, your service is required as a prospective juror for a minimum of one day. In most every jurisdiction the court will tell you to be prepared to remain the entire day. You will typically be advised that, if sworn in as a juror, your jury service will continue until the trial is complete, with the average trial nationwide taking from three days to one week. However, you cannot know in advance how long your service will be. This can present some problems for working people, students and parents of small children.

Some employers will reimburse employees for jury duty time, while others will not. The “per diem” (daily payment) from courts ranges from zero in some states to $15 in California, commencing on the second day of the trial (the first one is always free, as the old saying goes). You will no longer be excused for financial hardship in most states, so get a babysitter for the kids, use up your vacation time and figure out a way to make up for the loss of pay. The fact is, juries are one of a free nation’s best bulwarks against tyranny in government, and everyone should be willing to serve when called.

Robert P. Schuster, P.C., has achieved its reputation as a law firm by winning big cases—in jury trials and in settlements. He has a national reputation for success in representing his clients in cases including intellectual property, business torts, brain injury and commercial litigation