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Showing posts from January, 2024

What is a Deposition?

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  A deposition is typically when a lawyer asks a witness a series of questions prior to or out of court, wherein a court reporter is present and recording the entire statement. This is for the purpose of later being used at trial or in a court hearing. If you have an upcoming Deposition, you should call me for a free consultation (434) 660-9701 Depending on your state, a deposition can either be in a Criminal or Civil proceeding. Lynchburg Virginia Lawyer Civil: In Civil Law, a party is usually permitted to take depositions of other parties and witnesses. The transcripts or sometimes even video recorded depositions are later be played to a jury. This Often, depositions in Civil proceedings are used for the purposes of settlement. Civil proceedings are usually primarily about money damages. Sometimes they can be about more then money damages like, injunctions. Criminal: Virginia does not typically have criminal proceeding depositions. Florida does though. In Florida, your criminal d...

My Airplane Full Electrical Failure Emergency.

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I was once flying an airplane when the entire electrical system went out. This was in Florida. In hindsight, it was good experience. Later, it was determined that the airplane had fuse and alternator problems. They had to replace the alternator, which unfortunately grounded the airplane for weeks. Myself and my instructor were at approximately one thousand feet on the up wind when the entire electrical system went out in our 1980’s model Cessna 172. When the electrical system in a Cessna 172 fails, the engine keeps running because it has several redundancy’s in the engine for incidents like this. However, the whole panel, radios and everything but the engine will turn off. Fortunately, it was a good weather day. One of the other concerns when the electrical system in an Airplane fails is losing communications with Air Traffic Control or the Tower. Fortunately, we did not lose contact with tower as I carry with me a handheld ICom radio just in case. If you are a pilot, it is a good idea...

What is a Mediation?

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A mediation is essentially a meeting. Mediations are usually a meeting where all parties to a case meet and in front of a neutral party present their case. The neutral party or “mediator” reviews the information and then discusses their opinion of the case. If you are a party to a civil suit, you should call me. I am  a Lynchburg Virginia Attorney. Non-binding Usually, mediation is non-binding. Unlike arbitration, where the parties are bound by the decision of the neutral party or arbitrator. In mediation, the parties can take it our leave it. The opinion of the mediator can either be followed or the parties can continue to litigate the matter. Experienced Civil Attorney In a lot of states, mediation is mandatory prior to putting a case to a jury. And, in states where mediation is not mandatory a judge will usually Order mediation before a trial. This is because judges do not like to waste jurors time. It is an effort to settle cases prior to calling a jury from the community to an...

Rear-End Accidents

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  Rear-End Accidents Causes of Rear-End Accident Understanding the Common Causes of Rear-End Accidents is important to preventing these types of accidents. If you have been injured in a rear-end auto accident, you should call me for a free consultation. I am a Motor Vehicle Accident Attorney (434) 660-9701 A substantial number of auto accidents are rear-end crashes. Following to closely can be a cause of a rear-end crash. What causes most rear end accidents : Distracted driving: Distracted driving accidents are a real problem in the United States. Basically, the Centers for Disease Control identifies three types of distracted driving. Moreover, the three types of distracted driving are visual, manual and cognitive. Visual is taking your eyes off the road. Manual is taking your hands off the wheel. Cognitive is taking your mind off driving. The CDC further identified that 3,100 people were killed because of distracted driving in 2019. Often, we do not get these statistics until a fe...

Restitution v. Imprisonment

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  Restitution v. Imprisonment Introduction Programs of restitution by offenders to their victims should be instituted on a wide scale as the primary means of dealing with non-violent criminal behavior. Charles Colson and Daniel Benson address the issue of how to treat convicted persons and their victims. [1]  There are two primary rules or assertions that are addressed in their essay  Restitution v. Imprisonment . [2]  Basically, restitution is an act making the victim of a crime whole again. Often, this means a payment of monetary value to the victim for a crime that was done to them. In contrast, imprisonment is the warehousing of persons convicted of crimes. Frequently this means cages, concrete, and guards. If you have been charged with a crime, you should call me. I am a Criminal Justice Lawyer. Imprisonment Currently, there are over 2,000,000 people locked up in the United States of America’s mass incarceration system. [3]  This is costing the U.S. taxpaye...

Integrative Legal Theory: Human Rights

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  In Professor Berman's Book  Faith and Order, The Reconciliation of Law and Religion  he details that natural law, legal positivism, and historical jurisprudence should be integrated. And, that this integration should guide the development of law. Also, It should be noted that this article is primarily from a class I took with Professor Lindevaldsen at Liberty University School of Law. Integration of Legal Theory: “All  that needs to be subtracted from each of the three major schools of jurisprudence  [Positivism, Naturalism, Historicism] , in order to integrate them, is its assertion of its own supremacy,”  essentially working together. [1]   Correspondingly, to say  “that we are at the end of one era and at the beginning of another,”  I believe is a correct assertion.  [2]  Unfortunately, those enforcing the law have always had their bad apples. What we are coming into today is an entirely different legal analysis. It is a deviat...