Is Your Teen Facing Criminal Charges from an Online Post? What to Do

September 26, 2016

You can’t always monitor what your teenager posts on social media, who they send messages to, and how they choose to use their right to free speech. Unfortunately, there may be times when they make poor decisions posting and communicating online, which can result in criminal charges or other legal trouble.
If your teenager threatened someone online and now the police have contacted you, you want to contact a criminal lawyer right away. You also want to do the following to help stop your teen’s peers from talking about the situation.
Screenshot the Post
Take a screenshot of the post so you can show in court exactly what the post or comment was. You also want to have images of all other comments that were included on the post or that are relevant, in case you have to show that threats were made by multiple parties, or if there are other statements that may be related to the case. The information from the original post is also needed so someone can’t misquote what your teen posted.
Delete the Post and Comments
After gathering all the evidence have your teen remove the post and anything that is posted on their wall or feed related to the original comment. You don’t want other people to start looking at it, saving the image of the conversation or post, or having the situation grow any larger than it already is. You may want to have your teen shut down their social media account until the issue is resolved, so no one can torment your teen or try to instigate any other problems.
Consult a Lawyer before Speaking to Law Officials
You want a lawyer to go through the information before your teen speaks with law officials. You don’t want the police to twist information, use something from your teen’s statement against them, or be alone with your teen where someone isn’t listening to the conversation. The lawyer will reach out to authorities for your teen to make a statement or be questions after they have gone over the case and briefed your teen on what to say.
Having access to social media and the Internet presents a lot of problems for teens, especially when they say something that they don’t mean, or that is taken out of context online. Take the time to meet with a criminal defence specialist to take care of the problem quickly. Please visit the Donna V. Pledge website for more information.

Who Makes Personal Injury Laws?

September 22, 2016

Personal injury law, which is sometimes known as tort law, revolves around an injured person or party taking their case to civil court in an effort to receive a legal remedy – damages award – for all of their losses that stem from an accident or workplace incident. In such a case, one party, the injured party, faces off against the company, organization, or individual who is responsible for the accident through negligence or simple disregard. More often than not, the injured individual suffers harm from said negligence and will be forced to pay for medical bills, rehabilitation, and loss of work hours and income. In this instance, hiring a personal injury lawyer is the most beneficial, smartest move you can possibly make.

The Basics

There are numerous situations where today’s personal injury rules may apply, including, but not limited to:

  • Accidents – Personal injury rules will always apply in a situation where an individual acts within a negligent manner or carelessly to cause harm to another individual. Some examples include slip and fall accidents, medical malpractice, or vehicular collisions.
  • Intentional Incidents – Personal injury law will also apply to a situation where the defendant’s intentional actions led to the harm or injury of another party. Examples include assault or battery.
  • Defamation – Defamation is probably the least known personal injury case today. Basically, if one party is directly responsible for hurting another party’s reputation, the defendant is liable for damages.

Who Makes Personal Injury Laws?

Most personal injury laws stem from old “common law rules,” which refer to laws crafted by judges, as opposed to today’s laws that were manufactured by legislatures or passed via bills and statues.

When a single judge hears a case and decides on the outcome, his lone decision on the law will become the binding precedent for all other courts within that state that are deemed “lower” than his court. These “lower” courts will then apply the judge’s decision to their own cases, which then creates “common law.”

How Does a Case Work?

No two personal injury incidents are alike, so no two cases will flow in a similar manner when they move to court – or settle out of court.

To start, the defendant will have had to do something to the injured party or caused the injury in some way for any case to move forward whatsoever. The only exception here is of contractual breaches, which are handled under “contract law.”

Next, the plaintiff will determine that defendant breaches their legal duty. For example, a driver who is operating a vehicle should act with a certain level of care and remain reasonable while on the road. Doctors must remain competent and practice their health care following their code to the letter.

Finally, a settlement talk will occur. Many will settle out of court, though some may require a lawsuit in order to make any headway. In this case, a damages award will be offered to the victim. If you would like to learn more, the Futerman Partners LLP website is a helpful source for information.