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Legal Articles, General Practice

Second DUI Penalties in California

Second DUI in California is defined as: • Driving under the influence of alcohol, with a blood alcohol count of 0.08% or higher • Committing the offense for the second time within the space of ten years The penalty for a second DUI varies depending on the circumstances of the case.

Surprises Are a Bad Thing For An Estate Plan

Everyone likes a good surprise from time to time. There are some situations where a surprise can be welcome. An estate plan is not one of these situations. A surprise in an estate plan can lead to difficulties and difficulties can cost your estate money.

Birth Injuries Resulting from Medical Malpractice

A birth injury or birth defect may occur because of medical malpractice. This article discusses several types of birth injuries that may result from medical negligence.

Right to a Fair Trial

Some defendants think that they can "beat the system" on their own. Those who have been through the criminal system know better: having an experienced criminal defense attorney on your side is the best way to prevent becoming another statistic.

Constitutional Right to Counsel

The Sixth Amendment of the US Constitution guarantees the right to an attorney to anyone facing federal criminal charges. The 14th Amendment and some state constitutions also afford this right to anyone facing state felony charges.

Defenses to Crimes

Generally speaking, there are 2 basic components to every crime: the criminal act (actus reus) and the criminal intent (mens rea). The prosecution must prove not only that the defendant committed an act prohibited by the law, but also the intent to commit the criminal act beyond a reasonable doubt.

California DUI Under Age 18

When the BAC level exceeds 0.05% for an underage DUI offender, charges can be incremented to a misdemeanor offense. The penalties for this include possible time in jail for even first time offenders.

ERISA Preemption After Rush Prudential

This article describes the pervasive reach of ERISA preemption as found by the U.S. Supreme Court and the federal appeals courts

Exiled to ERISA's Stark Terrain

This article describes the difficulties that claimant's face in seeking to enforce their rights to ERISA benefits.

Building the Magnetic Shield: ERISA's Departure from its Original Purpose

This article describes the disagreements between the Fifth Circuit and the U.S. Supreme Court over various areas of ERISA law over the past 25 years.

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