Recent Blog Posts
What legal rights do immigrants have when arrested?
The situation can be confusing and stressful if you or someone in your family is stopped or arrested by law enforcement officers. While this is true, it's important to remain calm and take the right steps to protect your freedom.
Knowing your legal options and rights is a big part of this. Immigrants, just like U.S. citizens, have legal rights, and knowing these may help you maintain your immigration status and your ability to stay in the country.
Your legal rights when speaking to the authorities
It doesn't matter if you talk to the local police or immigration officers; you have rights. For example, you can exercise your right to remain silent. If you aren't a U.S. citizen, it may be necessary to provide your immigration papers, but this doesn't mean you have to consent to a search of your person or property or say anything that may incriminate you in some way.
How do you push a property owner to pay what they owe?
As a construction professional or business owner, you need the payment for completed projects to move on to the next big job. You probably invest thousands of dollars in materials and dozens of hours of manpower in a project before its completion, possibly while only in possession of a deposit from the homeowner.
Most property owners will make good on their responsibilities and pay the remaining balance in full after you finish the work. However, there are always those who intentionally try to avoid financial responsibilities to others. How do the civil courts protect you if a homeowner won't pay for work you already performed?
You can request a mechanic's lien or artisan's lien
State law protects your right to use the property where you did the work as the collateral for the past due amount on the invoice. Provided that you have documentation of how much they agreed to pay for your labor and the completion of the project, you can file a civil claim seeking a mechanic's lien against the property. In some cases, the courts may refer to this as an artisan's lien instead.
Contractual breaches in the construction industry
Successful construction projects rely on all parties carrying out their designated duties. Usually, they are all tied up formally through contracts. Contracts ensure that everyone knows where they stand in terms of payment, demands and time limits.
Generally, contracts are adhered to and construction projects turn out well. However, there are some situations when construction contracts are breached. Outlined below are some common examples.
When one party changes their mind
You entered into an agreement with another business for supplies. They agreed at the time that they could meet your demands and deliver on time. Nonetheless, a week before the delivery date, the company informed you that they will no longer be delivering the materials. This is sometimes referred to as an anticipatory breach of contract. If the deadline stated within the contract passes and you have still not received your goods, then this becomes an actual breach of contract.
Is it legal to share prescription medications?
When you get your prescription filled, you assume that you're the only one who's ever going to use the medication. After all, it's for treating a very specific ailment that you're dealing with, and that's why you got the prescription from the doctor in the first place.
But you later find out that someone else claims to have a similar ailment. Maybe it's a family member or a close friend. They bring this up after you've already stopped taking the medication, but you still have a few pills left over that you forgot to throw away. Your friend asks you if they can just have those pills because it might help them, as well. Can you give them away?
This may sound helpful, but it is illegal
It's very important to point out that sharing prescription medication is actually illegal. The only way that these drugs can be consumed legally is when the person who has the prescription is the one using them. Even then, they still have to follow the directions and they can only use so much at a time.
Bird-nesting versus traditional custody
If you're a parent who is getting divorced, determining your custody rights is one of the most important things you can do. You need to split up the time that the children spend with each of you and then create a plan to co-parent after the divorce.
There are many different ways to do this, and we'll take a look at two below. Please note that the age of your children and how well you still get along with your ex may play a big role here.
Traditional custody exchanges
The standard way to exchange custody is simply to create a schedule for the children. Both of the parents have their own homes or apartments. The schedule dictates which residence the children live in at the time. The length of these visits may differ dramatically. Some people trade the children back every few days, while others will switch back and forth every week. But the parents always stay in the same homes and the children move in and out.
Bird-nesting exchanges
With bird-nesting, the opposite is true. The children never have to leave the singular home where they live. The parents are the ones who are bound by the schedule. They move in and out of the house that the children are in. This can be more expensive since each parent also needs to have a place to live when they don't have custody. But it can also be more stable for the children and may put less stress on them.
How do you handle litigation risks as a construction company?
Litigation is a risk in any industry, and construction is no different. While you can never guarantee it will not happen to you, there are things you can do to reduce that probability.
The first thing is to understand where it might come from. The short answer is almost anywhere. Clients, suppliers, sub-contractors, employees, the general public or governmental agencies could all find a reason to sue.
Here are some steps you can take to protect yourself:
Maintain high safety standards
You are less likely to face an injury lawsuit when you prioritize safety. Remember, your duty is not just to those working on your site. You must also consider those who pass by, have reason to visit, or even in some cases, trespass. Your liability does not stop once your work is finished either. If something you build later injures someone, that too could land you in court.
3 times drivers are likely to get arrested for drunk driving
There are multiple situations that could result in someone's arrest for impaired driving. If you get behind the wheel after having too much to drink, police officers might stop you, arrest you and then charge you with a crime.
Police officers identify drunk drivers through several different approaches. Drivers in Virginia and Maryland can find themselves caught up in the criminal justice system after they experience one of the three police encounters below.
Getting into a car crash
Everyone involved in a car crash will be at risk of arrest afterward if there is evidence that they broke the law. You don't have to cause the accident to be subject to a police officer's scrutiny after a collision.
Many police officers will automatically require testing of those involved in a crash to determine if impairment played a role. Even if you are not at fault, if your blood alcohol concentration (BAC) is over the legal limit, then a police officer can arrest you at the same time that they issue a ticket to the driver who caused the accident.
How do theft laws differ between Maryland and Virginia?
If you live close to state lines, you probably cross them frequently. Hence, if accused of stealing something, it is crucial to understand the rules applicable to where the alleged event took place.
States generally determine the crime based on the value of the property taken, although the use of weapons or violence could make your situation much worse.
Maryland has five categories of theft
The least serious is petty theft, where the value does not exceed $100. The punishment will not exceed a $500 fine and 90 days in prison. The most serious category is felony theft, where the value exceeds $100,000. It could lead to 25 years in prison and a $25,000 fine. In addition, you may have to compensate any merchant you are judged to have stolen from – up to twice the property value in some cases.
Virginia calls theft larceny
The least serious crime is petit larceny which is a misdemeanor. This applies when less than $5 was stolen directly from a person or less than $200 was stolen indirectly. It can lead to up to 12 months in jail and up to $2,500 of fines.