New Site

Posted September 2, 2007 by tzirkle
Categories: Law Offices of Tony Zirkle Web Sites

The Law Offices of Tony Zirkle has published a new web site.

www.Indianapolis-Criminal-Family-Injury-Lawyers-Attorneys-TonyZirkle.com

Dangerous toys could spark number of accident claims

Posted March 17, 2007 by tzirkle
Categories: Legal Issues, Personal Injury Law

Title: Dangerous toys could spark number of accident claims

Author: Katrina Eadie

Article:
Isn’t it funny looking back at your childhood and thinking about
all the different toys you had and activities you used to do
with your friends for fun? Climbing trees, going head first down
a slide, riding space hoppers and jumping on pogo sticks to name
a few. They all seemed like such fun at the time but little did
we realise the potential dangers that we were being exposed to.

For example, looking around at children’s play parks today, it
appears that all the risky apparatus from the 1980s has long
been removed. Did you ever play on one of those hexagon-shaped
pieces of metal apparatus with lots of holes to climb through?
No? I remember spending hours playing inside one of these with
my friends at the park; rusty and usually filled with rain
water, I never thought that I could suffer a personal injury for
which my parents could have later made an accident claim for.

And it’s not just at the public playground that a child could
potentially injure themselves; toys and equipment in the home
could also inflict injuries, for which many parents would want
to make compensation claims for. In a recent study carried out
by Sicher Leben, which has been featured on
www.net-consumers.org, skipping ropes, marbles and scooters are
amongst some of the most reoccurring objects that play a role in
causing near fatal accidents involving children.

With the correct supervision and care, a great number of these
accidents could have been prevented. However, previous accident
claims have been made by parents for serious personal injuries
caused by faulty products.

Each year, thousands of toys are recalled by manufactures and in
January 2007, Geometix International LLC recalled 40,000 sets of
MagneBlocks Construction Toys after it was discovered that some
of the small magnets found in the blocks could easily fall out.
The manufacturers warned that if two or more magnets were
swallowed, they could potentially connect and cause an internal
blockage, which could then lead to a possible fatal accident.

A similar risk was reported in 2006 when the US manufacturer
Mattel recalled 2.4 million Polly Pocket doll sets after several
children, aged between two and eight, suffered internal personal
injuries by swallowing tiny magnets. The Consumer Product Safety
Commission (www.cpsc.gov) received 170 reports from parents who
said that the magnets, which are embedded in the hands and feet
of the dolls as well as their clothing and other accessories,
had fallen out whilst their children were playing with the toys.

Unfortunately, it doesn’t appear that such toy accidents are
uncommon in the home. In October 2006, a study carried out by
the law firm Lovells stated that, just one year on from the
introduction of the European Product Safety Directive in the UK,
the number of product recalls being reported to the European
Commission were at an all time high. In particular, the number
of toy recalls increased over the period of 18 months with 25%
of all recalls being made for faulty toys.

Roy Freeman, product liability partner at Lovells, said, “The
trend for increasing product recalls continues to climb sharply
- with no sign yet of leveling off. Producers are becoming more
aware of their obligations under the new law, and enforcement
authorities are increasingly active in interpreting dangerous
products in the supply chain.”

If a parent happens to notice that a toy or piece of equipment
is faulty, they should contact the manufacture immediately and
alert them to the danger.

To ensure that you have limited the risk of a serious accident
and subsequently having to contact personal injury solicitors to
make a compensation claim, some of the following guidelines can
be used when purchasing toys.

What to look out for?

* Toys should have a “CE” mark and provide the address of the
manufactures

* Toys should have clear instructions

* Parents should try to buy their children’s toys from
reputable sellers where they can return the product if a fault
is discovered

* Toys should be suitable for the age of the child

* Check for warning notices, which can sometimes be labeled on
the packaging

* Be careful with second hand toys as they may not have any
instructions or safety warnings

All of the above may not prevent an accident from happening but
these points could limit the risk of you having to contact a
compensation solicitor to make an accident claim.

This article may be published on another website free of charge,
on the condition that a link is provided from this article to
our website: ht
tp://www.youclaim.co.uk/product%20liability%20claim.htm

About the author:
YouClaim are the leading online personal injury compensation
claim people with a 97% claim success rate. Call 0800 10 757 95
or visit http://www.youclaim.co.uk for
more details.

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Federal Crimes

Posted March 17, 2007 by tzirkle
Categories: Criminal Law, Legal Issues

Title: Federal Crimes

Author: Darren Kavinoky

Article:
Federal Crimes

Federal crimes are those crimes which fall under federal
jurisdiction. Congress enacts laws in areas that fall within
federal jurisdiction. Typically, these are laws and regulations
dealing with federal property, federal matters and federal
taxes. Additionally, there are significant federal crime laws
governing interstate commerce.

There are two scenarios which lead to the filing of a criminal
case in federal court:

(1) An alleged violation of federal law

(2) Where the alleged crime took place on federal property, even
if it involves a violation of state law Acts committed on
federal property may violate either state or federal laws as
well, although they will always be prosecuted in federal court
by virtue of the fact that they occurred on federal property. If
an act committed on federal property violates state law only, it
will be prosecuted in federal court under the substantive law of
the state where it occurred, although federal rules and
procedures will apply. Actions which violate both state and
federal laws may be prosecuted in either, or both, state and
federal jurisdictions without violating the constitutional
prohibition against double jeopardy. Federal crimes are set out
in the federal criminal code which contains over 120 categories
of crimes. These are mostly set forth in Title 18 of the United
States Code. Title 18 contains the federal rules of criminal
procedure, which set forth the rules which govern the handling
of criminal cases from start to finish. Criminal laws have been
increasingly “federalized.” More and more are offenses subject
to federal prosecution. The most common type of federal cases
that occur in California include the following:  Child
pornography  Controlled substance violations 
Counterfeiting  Crimes which occur on federal property
or in federal buildings  Crimes involving banks (larceny
or robbery)  Gun laws (such as a felon in possession of
a firearm)  Immigration law violations  Mail or
wire fraud  Postal offenses

How the Federal Process is Different from State Process Grand
Jury The grand jury is made up of 14-23 people, selected from
the community in the area where the federal court is located.
They meet in secret closed meetings to decide whether enough
adequate proof exists in order to make a finding of probable
cause to hold the defendant over for trial. Only a simple
majority of the grand jurors need to find probable cause for an
indictment to be issued. An indictment is the name used for the
formal charging document. If the defendant is indicted by the
grand jury, there is no preliminary examination and the
defendant is arraigned on the indictment. As before, this
arraignment merely consists of the defendant being told of the
charges in the indictment and of the defendant’s entry of a
plea. The case is then assigned to a district judge for motions
and trial setting. Bail When someone is arrested for a federal
crime, they are held in custody until they are brought before a
magistrate judge. The magistrate judge will then set conditions
of release, including a bail amount. Unlike arrests for state
law crimes, there isn’t an option to go to a bail bondsman and
post a bail to get released. Usually bail will require either: a
signature bond, where the defendant or a number of relatives or
close friends will promise to pay money if the defendant fails
to appear or violates the other conditions of his release, or a
cash deposit, or posting real estate as security for his or her
release. Sentencing The federal crime sentencing guidelines are
a series of sentencing rules established by the U.S. Sentencing
Commission. Sentencing in federal crime cases are determined by
two things: the statute of conviction, which sets the maximum
penalty in the form of a fine or imprisonment; and the federal
crime sentencing guidelines. Once sentenced, the defendant must
serve time in a federal penal institution. The defendant will
ultimately be given credit for any time served up to the
sentencing date. There is no parole in the federal system, but
if a person behaves well in custody, he or she can receive 15%
credit for every year he is to serve. If the defendant is a
United States citizen, he or she will spend the last 6 months in
a halfway house. Halfway housing offers housing to federal
inmates in order to make a transition back into society. Once
released, they will be put on supervised release for a period of
time set by the sentencing judge. Supervised release is like
probation, but if the terms of release the person can be
returned to custody for up to the maximum of the term of
supervised release. Unlike a sentence, there is no credit for
the time previously spent in custody.

About the author:
None

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Top 10 Divorce Mistakes

Posted March 17, 2007 by tzirkle
Categories: Family Law, Legal Issues

Title: Top Ten Divorce Mistakes

Author: Sara Goldstein

Article:
A divorce is an especially trying legal matter, mainly because
emotions on both sides tend to run high. And this can result in
rash – or even vengeful – decisions being made.

Unfortunately, mistakes that are made during a divorce
proceeding can have long-term and far-reaching negative
consequences. You may end up with less money than you deserve -
both for yourself and your children.

The best way to ensure your divorce is
handled properly is to hire an attorney
. While he or she
will always have your best interests at heart, an attorney is
also able to view your case objectively and dispassionately.

By being able to keep their eye on the “big picture,” your
attorney can help insure that your new life after divorce is as
problem and worry-free as possible. Often, in the case of
especially hostile divorces, it’s best to take the time to make
every financial aspect clear and concrete. The last thing anyone
wants is a surprise down the road, especially if children are
involved.

The Arvada,
Colorado-based law firm of Hull & Zimmerman
has created a
list of the top ten most common divorce mistakes. By learning
the common mistakes other people often make while undergoing a
divorce, hopefully you can avoid making those same mistakes
yourself.

This list is based on Hull &
Zimmerman’s years of experience regarding Colorado divorces and
Colorado divorce law
. While, obviously, each divorce is
different, these ten most common mistakes can provide you
“signposts” to watch out for. In any legal matter, information
is key, and the more knowledge you have about divorce, the
greater the likelihood that your personal divorce process will
run smoother.

About the author:
Plea
se click here for Hull and Zimmerman’s Top Ten Most Common
Divorce Mistakes
.

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How to Avoid Getting Traffic Tickets

Posted March 12, 2007 by tzirkle
Categories: Criminal Law, Legal Issues

Title: How To Avoid Getting Traffic Tickets

Author: Weiss Matthew

Article:
With politicians facing huge budget deficits, municipalities are
writing more traffic tickets than ever. This article addresses
various ways to minimize your chance of getting that ticket.
Please note that most of these points are not legal in nature
but rather more common sense.Drive in a pack.
When driving on a highway, try and stay within a group of other
cars. It is easy for a police officer to pick off that one “jack
rabbit” who is riding ahead of the pack. In fact, if you are
speeding along with another vehicle, it is advisable to change
lanes and let that other vehicle lead the way. Chances are, if
there is a police officer ahead, the lead vehicle will be pulled
over, not you.Remain vigilant. Keep scanning
the road ahead for areas where a police could hide. Also, do not
forget to check your rear view mirror. Know the law.
Keep a look out for traffic signs or markings which
apply to you, and refresh yourself regarding the various rules
of the law. The last thing you want to do it get a ticket
because you erroneously thought some maneuver was
legal.Keep your car in good condition. A
vehicle with one working tail light, for example, is crying for
police attention. Often such equipment tickets result in stops
and more tickets once the police officer’s attention has been
directed toward you. Spend the few dollars it will cost to
repair such equipment problems and save a lot more
later.Maintain a low profile. A red convertible
or a car with neon lights is going to grab the attention of
police officers. Try and tone it down so as to not stick out in
the crowd. If you are stopped, always be polite to the police
officer. Rudeness has bought many a motorist additional
summonses. Also, do not volunteer too much information. The old
adage “anything you say can and will be used against you in a
court of law” is a truism.

About the author:
Matthew Weiss, Esq. is the senior member of Weiss & Associates,
P.C., located at 419 Park Avenue South, Second Floor, New York,
N.Y. 212-683-7373. His firm defends 1000s of motorists from
traffic tickets issued throughout New York State. You can also
go to the firm’s website at www.nytrafficticket.com

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