For eight years in the 1990s, Attorney Charles Ware hosted the extremely popular legal advice radio program "The Lawyer's Mailbox"; the Number One (#1)legal advice radio program in the Mid-Atlantic Region,on WEAA - 88.9 FM, Morgan State University Radio in Baltimore, Maryland.
www.CharlesJeromeWare.com

Saturday, February 28, 2015

DEFENDING BALTIMORE LEAD PAINT CLAIMS

www.charlesjeromeware.com     " Here to make a difference."

Charles Jerome Ware, LLC, is a premier Maryland-based national lead paint poisoning defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016.

The following information is a segment in a continuing symposium on defending lead paint poisoning cases in Baltimore, presented by noted defense attorney Charles Jerome Ware. Though designed to be helpful to the reader, this information does not create an attorney-client relationship with any one. Thank you.

There are a number of defenses that are available to landowners and landlords in Baltimore and throughout Maryland in lead paint poisoning claims that utilize, for example, both medical causation and non-medical causation theories.

From a medical causation view, lead poisoning defenses can include :
(1) The injury has not been established; or
(2) The injury is so minor that it has caused no medical or physical impairment.
(3) Scientific evidence has not conclusively established that lead caused the injury
      exhibited by the child; and
(4) There are other known causes of the injuries sustained by the child, inter alia.

From a  non-medical causation view, lead poisoning defenses can include:
(1) The plaintiff failed to establish that the alleged injury was caused by exposure to a lead-containing product manufactured or used by the defendant landowner or landlord; or
(2)  The plaintiff failed to prove the source of the lead exposure was within the defendant's control, inter alia.

Other possible defenses may arise, including, inter alia:
(1) The genetic factor regarding the intelligence of the child's parents;
(2) The health of the child's parents;
(3) The parents' child-raising techniques;
(4) The child's general physical and mental health; and
(5) The socioeconomic status of the child's family.

< See more in blogs/symposia >

Tuesday, February 17, 2015

The Lawyer's Mailbox: MARYLAND AND FEDERAL EMPLOYMENT LAW FOR BEGINNERS ...

The Lawyer's Mailbox: MARYLAND AND FEDERAL EMPLOYMENT LAW FOR BEGINNERS ...: www.charlesjeromeware.com         "Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland-based, nationally...

MARYLAND AND FEDERAL EMPLOYMENT LAW FOR BEGINNERS : Charles Jerome Ware, LLC, Attorneys & Counselors

www.charlesjeromeware.com        "Here to make a difference."

Charles Jerome Ware, LLC, is a premier Maryland-based, nationally respected and recognized
employment law and job discrimination law firm. For an initial courtesy consultation, contact the firm at  (410) 720-6129  or  (410) 730-5016. We can help you.

                                               " AT-WILL" EMPLOYMENT

"At-Will" Employment means that an employer can terminate an employee's employment at any time for any reason, except for an illegal reason such as discrimination, or for no reason at all without incurring legal liability. Similarly, an employee is free to leave a job at any time for any reason or no reason with no adverse legal consequences.  Employment relationships are presumed to be "at-will" in all of the United States, including Maryland, except in the state of Montana. There are only a handful of countries in the world where employment is predominantly "at-will", and the United States is one of those countries. The vast majority of countries in the world allow employers to dismiss or terminate employees' employment only for "cause".  Some reasons frequently given for U.S. retention of the "at-will" employment presumption include (1) respect for freedom of contract, (2) employer deference, and (3) the belief that both employers and employees favor an "at-will" employment relationship over job security.

                                                       EMPLOYMENT  LAW

Employment Law is a broad legal area encompassing all aspects of the employer/employee relationship except the negotiation process covered by labor law and collective bargaining. Employment law consists of thousands of Federal and state statutes, administrative regulations, and judicial decisions. Many employment laws were enacted as protective labor legislation ( e.g., minimum wage regulations). Other employment laws take the form of public insurance, such as unemployment compensation.

Whether you are entering the job market for the first time or were recently terminated, it is important to know and understand your rights as a worker. Both Federal and Maryland State governments have enacted a wide range of employment laws protecting employees from discriminatory treatment, unfair labor practices, unsafe work conditions, and more.

                                            FEDERAL AND MARYLAND EMPLOYMENT
                                                   ANTI-DISCRIMINATIO  LAWS

There are a number of Maryland state an Federal laws that prohibit discrimination based on age, race, color, sex, national origin, disability, sexual orientation, religion, and pregnancy, among other categories. Consider them and consult with us if you feel you have been so negatively affected in your employment.



Saturday, February 14, 2015

The Lawyer's Mailbox: CHARLES JEROME WARE, MARYLAND ATTORNEY --- FORMER ...

The Lawyer's Mailbox: CHARLES JEROME WARE, MARYLAND ATTORNEY --- FORMER ...: www.charlesjeromeware.com                        " Here to make a difference." Attorney Charles Jerome Ware is Founder and Senio...

CHARLES JEROME WARE, MARYLAND ATTORNEY --- FORMER U.S. IMMIGRATION JUDGE (IJ)

www.charlesjeromeware.com                       " Here to make a difference."

Attorney Charles Jerome Ware is Founder and Senior Partner of Charles Jerome Ware, LLC, a Howard County, Maryland-based nationally-recognized and respected, boutique law firm providing quality and successful legal services in select areas of law --- including immigration, civil trials, criminal defense, estates and trusts, etc., ---for over 30 years.  For an initial courtesy consultation, contact us at (410) 720-6129 or (410) 730-5016. We can help you.

The Lawyer's Mailbox: HOWARD COUNTY " TOP 10 " MARYLAND FAMILY AND DIVOR...

The Lawyer's Mailbox: HOWARD COUNTY " TOP 10 " MARYLAND FAMILY AND DIVOR...: www.charlesjeromeware.com                          " Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland...

HOWARD COUNTY " TOP 10 " MARYLAND FAMILY AND DIVORCE ATTORNEYS --- Charles Jerome Ware, LLC

www.charlesjeromeware.com                         " Here to make a difference."

Charles Jerome Ware, LLC, is a premier Maryland-based, nationally recognized and respected family law and divorce law serving successfully for over 30 years Howard County and surrounding Maryland communities. For an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016. We can help you.

Charles Jerome Ware, LLC  is certified and bears the symbol as one of  Maryland's " TOP 10 " family law and divorce law firms headquartered in Howard County, Maryland by The Prime Buyer's Report TOP 10  attorney research program. Family law and divorce attorneys awarded this certification and symbol of recognition are those verified by the Program's independent research to have met the requirements for ability and value, and for whom the Program's staff has called and otherwise communicated with previous clients to verify high satisfaction with them for family law cases in Howard County, Maryland, including divorce, et al.   [http://www.primebuyersreport.org/md/howard-county-md-divorce-and-family-law-lawyers]

Maryland family law includes Divorce, Criminal Law, Family member abuse and/or neglect, Annulment, Guardianship, Conservatorship, Estates and Trusts, et al.

Thursday, February 12, 2015

The Lawyer's Mailbox: BALTIMORE LEAD-BASED PAINT AND PLUMBISM (LEAD POIS...

The Lawyer's Mailbox: BALTIMORE LEAD-BASED PAINT AND PLUMBISM (LEAD POIS...: Charles Jerome Ware, LLC, is a premier Maryland-based, nationally-respected and widely-recognized landlord lead-based paint poisoning defens...

BALTIMORE LEAD-BASED PAINT AND PLUMBISM (LEAD POISONING) 101

Charles Jerome Ware, LLC, is a premier Maryland-based, nationally-respected and widely-recognized landlord lead-based paint poisoning defense law firm.  For initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016. We can help you.

There are numerous judges, elected officials, and other commentators in Baltimore who have suggested that in certain circumstances lead poisoning (plumbism) cases are " indefensible."
At our law firm, we most respectfully disagree. It is our position and successful experience that there are always defenses available in these cases.

Lead poisoning claims can be defended on a number of lawful grounds. We know --- we use them.

But, for now, let's talk about the subject of  some Baltimore City Lead Paint Laws and Regulations:

(1) To begin, pursuant to Baltimore Building, Fire and Related Codes, Property Maintenance Code, Section 301.4, lead-based paint hazards must be abated in accordance with this section.
(2) The applicable dwelling (residential) units must be the subject of notices or orders for treatment of lead paint; become unoccupied either before the notice or order is served, or become unoccupied while the notice or order is still outstanding.
(3) When a child is identified as having an elevated blood lead level (EBLL), the Health Commissioner must request that the Health Department conduct an environmental investigation.
(4) If the Health Commissioner determines the existence of lead hazards, the Commissioner must issue a "Violation Notice & Order to Abate Lead Hazards" to the owner notifying him or her of the existence of lead hazards and ordering the abatement of hazards within a time period not to exceed 30 days, unless ordered by the Commissioner (Section 3-101(d)).


The Lawyer's Mailbox: HIP REPLACEMENT," FOOT DROP", AND SPINAL CORD STIM...

The Lawyer's Mailbox: HIP REPLACEMENT," FOOT DROP", AND SPINAL CORD STIM...: www.charlesjeromeware.com                 " Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland-based, n...

HIP REPLACEMENT," FOOT DROP", AND SPINAL CORD STIMULATION(SCS) : MARYLAND MED. MAL. ATTORNEY

www.charlesjeromeware.com                " Here to make a difference."

Charles Jerome Ware, LLC, is a premier Maryland-based, nationally-respected medical malpractice law firm dedicated to victims' rights. For an initial courtesy consultation, contact the firm at (410) 720-6129  or  (410) 730-5016.

Definitions:
(1) "Foot Drop", sometimes called "drop foot", is a general medical term describing the difficulty a person has lifting the front part of their foot. Foot drop is not a disease. It is a sign of an underlying neurological, muscular or anatomical problem. If someone has foot drop, they may drag the front of their foot on the ground when they walk. Sometimes foot drop is temporary. Other times, it is permanent. Those who have foot drop may need to wear a brace on their ankle and foot to hold the foot in a normal position.
 (2) "Spinal Cord Stimulation" (SCS) was approved by the Food and Drug Administration (FDA) in 1989. Since then it has become a standard treatment for patients with chronic pain in their back and/or limbs who have not found pain relief from other treatments. It does not work for everyone.
In  spinal cord simulation (SCS), soft, thin wires with electrical leads on their tips are placed through a needle in the back of the patient near the spinal column. The leads are placed through a needle inserted in the back (no incision required). A small incision is then made and a tiny, programmable generator is placed in the upper buttock or abdomen (under the skin) which emits electrical currents to the spinal column.

Case Facts:
A patient had right hip replacement surgery. Post-surgery  the patient had pain and weakness in thee right lower extremity and was diagnosed with foot drop.  The patient was told that it would take a year or so for her affected nerve to repair itself and she was fitted with a brace. A year and a half later, the patient cannot walk without the brace and has severe pain and muscle atrophy. She is being offered pain management, including  spinal cord stimulation (SCS).

QUESTION  :  Medical malpractice ?
ANSWER  :  It depends.

EXPERT  ORTHOPEDISTS RESPONSES : 
   - " Foot Drop" is an accepted complication in this type of surgery, absent a showing of negligent technique.

   - Generally "foot drop" is an accepted complication of hip replacement surgery, unless accepted standards of medical practice for the surgery are violated

[ http://www.medquestltd.com/foot-drop-post-hip-replacement-surgery ]
     

Wednesday, February 11, 2015

HOWARD COUNTY MARYLAND "TOP 10 DIVORCE LAWYERS & FAMILY LAW ATTORNEYS": CHARLES JEROME WARE, LLC

www.charlesjeromeware.com       " Here to make a difference."

[ Verified and certified by "The Prime Buyer's Report  TOP 10 Attorney Rating Service."; verified as safe to hire]

The Lawyer's Mailbox: BALTIMORE MARYLAND LANDLORD LEAD PAINT TIPS AND WA...

The Lawyer's Mailbox: BALTIMORE MARYLAND LANDLORD LEAD PAINT TIPS AND WA...: www,charlesjeromeware.com                      " Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland-bas...

BALTIMORE MARYLAND LANDLORD LEAD PAINT TIPS AND WARNINGS: BALTIMORE AREA

www,charlesjeromeware.com                      " Here to make a difference."

Charles Jerome Ware, LLC, is a premier Maryland-based, nationally-respected and recognized landlord and landowner lead paint poisoning defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016. We can help you.

Lead-based paint is considered by many to be a prevalent and serious environmental health hazard in Baltimore's residential housing, and  particularly in housing built before 1978.
Landlords must take care to be aware of their obligations to disclose any existence of lead-based paint on the rental property as well as their responsibilities in protecting residents from exposure to lead.

The Federal Residential Lead-based Paint Hazard Reduction Act of 1992 covers all dwellings built prior to 1978, and it requires rental housing owners and their property managers to inform their tenants if and/or when the property may have lead-based paint. The law is commonly referred to as TITLE X (TEN). Although actual testing for lead in these residential units  or removal of lead-based paint are not mandated under Federal law --- to comply with Federal, Maryland State, and Baltimore laws--- the landlord is required to do the following:

(1) Obey any and all state and local lead hazard reduction laws; some of which require testing and careful maintenance or removal of lead-based paint.
(2) Disclose known lead-based paint hazards on their rental property.
(3) Provide rental occupants with an information pamphlet from the Environmental Protection  Agency (EPA), titled" Protect Your Family from Lead in Your Home." You can get this pamphlet online in both English and Spanish.  It is also available upon request in other languages.
(4) Remember :  Whichever pamphlet you provide your tenants, KEEP A COPY OF THE DISCLOSURE FORM SIGNED AND DATED BY THE RESIDENTS ( I recommend you keep it for at least 21 years.)
(5) Whenever you are planning a major renovation that is likely to kick up a lot of dust, notify your tenants as well as residents who live nearby about you plans, the possible risks of exposure to airborne substances, your safety concerns for them, and all precautions that you and your contractors will take to protect health and safety of everyone in the immediate area DOCUMENT THESE STEPS YOU TAKE.

The Lawyer's Mailbox: MARYLAND LEAD POISONING (PLUMBISM) DEFENSE: IMPORT...

The Lawyer's Mailbox: MARYLAND LEAD POISONING (PLUMBISM) DEFENSE: IMPORT...: www.charlesjeromeware.com                   " Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland-based,...

MARYLAND LEAD POISONING (PLUMBISM) DEFENSE: IMPORTANCE OF 10 mcg/dL LEAD LEVEL

www.charlesjeromeware.com                  " Here to make a difference."

Charles Jerome Ware, LLC, is a premier Maryland-based, nationally-respected lead poisoning (plumbism) defense law firm, specializing in the defense of landowners and landlords.  For an initial courtesy consultation, contact the firm at (410) 720-6129  or  (410) 730-5016.  We can help you.

For health and safety reasons, lead concentrations are monitored at the local, state and national levels following Federal standards. The Centers for Disease Control and Prevention (CDC), the American Academy of Pediatrics (AAP), and a variety of other organizations make recommendations regarding screening children for lead exposure.

Testing for lead recommendations as well as the definition of what is an abnormal blood lead level (for health-related reasons) have changed significantly over the past fifty years or so.  In 1991, the CDC concluded that previous blood levels of lead causing concern for children were  not low enough, therefore in 1997 the blood lead level of concern for children was decreased from 25 micrograms per deciliter (mcg,dL) to 10mcg/dL. In 2012, the CDC's "Advisory Committee on Childhood Lead Poisoning Prevention " (ACCLPP) recommended lowering the blood lead level for health concerns threshold to just 5 mcg/dL, which the CDC accepted in May 2012.

The blood lead level of at least 10mcg/dL and up, however, continues to be the threshold range for serious lead exposure concern in Maryland.

Tuesday, February 10, 2015

The Lawyer's Mailbox: ROENTGENOLOGY (RADIOLOGY) ERRORS & MALPRACTICE : ...

The Lawyer's Mailbox: ROENTGENOLOGY (RADIOLOGY) ERRORS & MALPRACTICE : ...: www.charlesjeromeware.com                 " Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland-based, na...

ROENTGENOLOGY (RADIOLOGY) ERRORS & MALPRACTICE : THE" BLURRY" TRUTH

www.charlesjeromeware.com                " Here to make a difference."
Charles Jerome Ware, LLC, is a premier Maryland-based, nationally-respected plaintiffs medical malpractice law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129  or  (410) 730-5016.

To begin, let us draw a distinction ( if possible) between medical errors and medical malpractice:
Medical Errors are failures of planned medical actions to be completed as intended. Depending upon their severity, etc., these errors may or may not rise to the level requiring compensation for the victim patient.

Medical Malpractice, however, is essentially unreasonable lack of skill.  Failure of a physician such as a radiologist (roentgenologist) to exercise that degree of skill and learning commonly applied under all the circumstance in the community by the average prudent reputable plysician with the result of injury to the patient.

Allegedly, about four percent or so of radiologic interpretations (reading of charts) rendered by radiologists in their daily practice contain errors. Fortunately, most of these errors are of such minor degree, or if serious are found and corrected with sufficient promptness, that they do not cause injury to the patients.

Nevertheless, many radiologic errors do cause harm to patients and, as a result, medical malpractice lawsuits are generated by firms like ours.

If it is found by a judge or jury that the radiologist's ( roentgenologist's) diagnostic error was the result of negligence, in other words, a breach of the standard of medical care, the radiologist will be held liable and compensation will be forthcoming or awarded to the plaintiff-victim.

[Borgstede , JP, Lewis,RS, Bhargavan,M, Sunshine,JH/ RADPEER Quality Assurance Program: A Multifacility Study of Interpretive Disagreement Rates/ J. Am. Coll. Radiology (2004)/ 1: 59-65]

The Lawyer's Mailbox: SIMPLE & BASIC MARYLAND DUI AND DWI RULES FOR DEF...

The Lawyer's Mailbox: SIMPLE & BASIC MARYLAND DUI AND DWI RULES FOR DEF...: www.charlesjeromeware.com              " Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland-based, natio...

SIMPLE & BASIC MARYLAND DUI AND DWI RULES FOR DEFENDANTS : " 10 BEST DUI/DWI ATTORNEY"

www.charlesjeromeware.com             " Here to make a difference."
Charles Jerome Ware, LLC, is a premier Maryland-based, nationally-respected DUI and DWI defense law firm. Having successfully represented hundreds of defendants in drunk driving cases for over  thirty years, defense attorney Charles Ware has earned the reputation for being " one of the State of Maryland's 10 BEST DUI and DWI attorneys" [AIDUIA]; among many other legal awards and honors. For an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016. We can help you.

There are some simple and basic Maryland DUI and DWI Rules for Defendants that we recommend our clients adhere to :
(1) Never forget that Maryland treats its drunk driving laws seriously; and these laws are fairly complex and complicated.  If you are arrested and charged with drunk driving in Maryland, you will most likely need an attorney.
(2) The 2 main charges that come under the category of drunk driving in Maryland are (I) Driving Under the Influence  of alcohol (DUI) and Driving While Impaired by alcohol (DWI).
(3)  The DUI is the more serious charge in Maryland, and the penalties are more severe. You may be arrested and charged with a DUI in Maryland if, by way of chemical testing such as the breathalyzer device, law enforcement determines that your blood-alcohol content (BAC) is at least ) 0.08 % or higher.
(4)  On the other hand, DWI is considered a lesser offense than DUI, and therefore the penalties for DWI ( less than 0.08 % but at least 0.07 % BAC) are less severe --- but still serious.
(5) Under Maryland drunk driving laws, if you refuse to undergo chemical testing, including a breathalyzer test, you may be subject to immediate suspension of your Maryland driving privileges for as much as 120 days for a first-time offense.
(6) Unfortunately, Maryland is one of a few states that does not allow drivers to have an attorney present while taking a chemical test to determine  the driver's BAC.
(7) If you refuse to submit to " field sobriety testing", the law enforcement officer has the authority to arrest you on the spot on "suspicion" of  drunk driving.
(8) Do not resist arrest. Save that energy for court.

The Lawyer's Mailbox: MARYLAND TRUSTS versus WILLS 101

The Lawyer's Mailbox: MARYLAND TRUSTS versus WILLS 101: www.charlesjeromeware.com             " Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland-based estates...

MARYLAND TRUSTS versus WILLS 101

www.charlesjeromeware.com            " Here to make a difference."
Charles Jerome Ware, LLC, is a premier Maryland-based estates and trusts law firm.  For an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016.

                          Maryland LIVING TRUSTS versus WILLS : Basic Comparisons


LIVING TRUSTS :                                                             WILLS :
(1) Avoid delays --- no probate .                        (1) Delays of  Probate.
(2) Usually more time and expense to create.    (2) Usually less time and expense to establish.
(3) More time and expense to manage .             (3) Less time and expense to manage.
(4) Estate Taxes: Due and Owing  (?)               (4)  Estate Taxes : Due and Owing .
(5) Minimal to no oversight of trustees .            (5) Minimal to no oversight of manager.
(6) No will to contest.                                         (6) Will to contest.
(7) No publicity. Public record.                         (7)  Wills are public  records.       
(8) Minimal to no probate costs .                        (8)  Probate costs.    

This information provided is not designed nor intended to be legal advice, and does not create an attorney-client relationship. Contact a lawyer directly with specific situations and questions.    

















      

        

Monday, February 9, 2015

The Lawyer's Mailbox: LEGAL ISSUES IN AESTHETIC AND/OR PLASTIC SURGERY

The Lawyer's Mailbox: LEGAL ISSUES IN AESTHETIC AND/OR PLASTIC SURGERY: www.charlesjeromeware.com                   "Here to make a difference." Charles Jerome Ware, LLC,  is a premier Maryland-based, ...

LEGAL ISSUES IN AESTHETIC AND/OR PLASTIC SURGERY

www.charlesjeromeware.com                  "Here to make a difference."
Charles Jerome Ware, LLC,  is a premier Maryland-based, nationally-respected medical malpractice law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129  or  (410) 730-5016.

Rapid growth and expansion of aesthetic and/or plastic surgery in general in the United States and throughout the world has brought in its wake much confusion regarding the many choices and ramifications of these choices and decisions made from them.

One of the major mistakes that  patients, surgeons and other healthcare professionals make with aesthetic and/or plastic surgery is that they either forget , do not realize, or even refuse to acknowledge that aesthetic and/or plastic surgery is, in fact, serious surgery.  Aesthetic and/or plastic surgery is immediate gratification plus serious medical treatment.

A few points, in brief, that plastic surgery participants should understand are as follows:
(1) Attorneys and plastic surgeons (and others who claim to do plastic surgery) have serious interaction, both positive and negative, in this field. This cannot be avoided. The field is legally high risk.
(2) "Informed consent" is a serious process between the surgeon and the patient ; not simply a   document with the patient's signature extracted from the patient by a nurse, surgical assistant, or other staffer.
(3) "Express warranties" may and should be established between patients and surgeons by including in the medical records/files before and after photos of the patient.
(4) Generally, fraud and abuse claims have no statute of limitations, and are not covered by liability insurance.
(5) For advertisement and other purposes, HIPAA is created to protect patient privacy at all times, and it covers medical records as well as photographs of patients, et al.
(6) Agency law applies when assessing responsibility for medical employee(nurses, etc.) when performing work-related (pre-,post-, and actual-surgery) duties.
(7) Revealing patient information in a blog, social media website, or other source, is a HIPAA violation.
(8) Healthcare are advised to notify their liability carrier as soon as possible after receiving notice of a lawsuit against them.
(9) Even physicians who only share an office may be exposed to legal liability in caring for patients.
(10) There are other points, as well.

Sunday, February 8, 2015

The Lawyer's Mailbox: THE "ABC" OF MARYLAND ALCOHOL LAWS: DUI & DWI PREV...

The Lawyer's Mailbox: THE "ABC" OF MARYLAND ALCOHOL LAWS: DUI & DWI PREV...: www.charlesjeromeware.com               "Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland-based, natio...

THE "ABC" OF MARYLAND ALCOHOL LAWS: DUI & DWI PREVENTION

www.charlesjeromeware.com              "Here to make a difference."
Charles Jerome Ware, LLC, is a premier Maryland-based, nationally-respected drunk driving (DUI and DWI) defense law firm. The firm is rated one of the "10 BEST" Dui and DWI defense law firms in the State of Maryland, For an initial courtesy consultation, contact us at (410) 720-6129 or (410) 730-5016. We can help you.

(1) For alcohol distributors and purchasers in Maryland, kindly take note that Maryland generally does not allow sales of beer or wine in grocery stores or convenience stores. Alcoholic beverages are generally sold through private retail stores rather than state stores. However, this rule varies between counties. Montgomery County, for example, only allows sales of alcohol in o-called ABC (state stores, similar to those in Alabama, etc.), so you should know your local municipal ordinances on these issues. Local laws also determine the hours and days that alcohol may be sold. Also, check with an experienced attorney who is familiar with these varying laws.

(2) The legal age for consuming, handling, transporting or selling alcohol in a liquor store is 21 years.
      In fact, on best knowledge, 21 is the age in all states for the above, supra.
(3)  Age 18, however, is the age an individual may work as a server in a restaurant that sells alcohol, and can serve wine and beer in retail stores.
(4) No one in a vehicle may consume alcohol or have an open container of alcohol.  all previously-opened bottles must be stored in the trunk of the vehicle.
(5) The legal blood-alcohol content BAC) in Maryland is 0.08 %. Over this level, a driver is considered under Maryland law to be "per se intoxicated" and may be charged with DUI (driving under the influence).
(6) Drivers under the age of 21 may be charged with DUI if they are found to have  BAC of 0.02 % or higher. This law is to discourage underage drinking and driving.
(9) Maryland has "implied consent" laws, with the condition that a driver must comply with a law officer's request for chemical testing by breath, blood, or urine.  Appearing or being uncooperative can get you a penalty of suspended driving privileges for up to one year.

The Lawyer's Mailbox: MARYLAND DUI, DWI EXPUNGEMENT REQUEST OUTCOMES: "1...

The Lawyer's Mailbox: MARYLAND DUI, DWI EXPUNGEMENT REQUEST OUTCOMES: "1...: www.charlesjeromeware.com         " Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland-based, nationally...

MARYLAND DUI, DWI EXPUNGEMENT REQUEST OUTCOMES: "10 BEST" DUI/DWI ATTORNEY (AIDUIA)

www.charlesjeromeware.com        " Here to make a difference."
Charles Jerome Ware, LLC, is a premier Maryland-based, nationally-respected drunk driving defense law firm, which is ranked one of the "10 BEST" DUI and DWI defense law firms in the State of Maryland.  For an initial courtesy consultation, contact the firm at (410) 720-6129  or  (410) 730-5016.  We can help you.

MARYLAND DUI and DWI EXPUNGEMENT and CHARGE OUTCOMES :

(1) If you are arrested but not charged, expungement is available immediately.
(2) If the final result of your case is nolle prosequi, expungement is available immediately.
(3) If your DUI or DWI case is dismissed, expungement is available immediately, unless the dismissal was due to a section 3-207 compromise of an assault charge.
(4) If your case is transferred to Juvenile Court, expungement is available immediately.
(5) If your case ends in a not guilty or acquittal, expungement is available immediately.
(6) If your case is stetted (placed on the stet docket), expungement is available after the later of 3 years or completion of your sentence, but under some circumstances can be accomplished earlier.
(7) If you are awarded a Probation Before Judgment ("PBJ") by the Court in your case, expungement is generally NOT AVAILABLE for DUI and DWI cases, nor for other similar offenses related to operating a vehicle while impaired.N
(8)  If you are found guilty, expungement is generally NOT AVAILABLE.

Saturday, February 7, 2015

The Lawyer's Mailbox: BALTIMORE LEAD (Pb) POISONING DEFENDANT: FAILURE O...

The Lawyer's Mailbox: BALTIMORE LEAD (Pb) POISONING DEFENDANT: FAILURE O...: www.charlesjeromeware.com              " Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland-based, nati...

BALTIMORE LEAD (Pb) POISONING DEFENDANT: FAILURE OF THE MARYLAND LEAD/LAND " QUALIFIED OFFER" PROGRAM

www.charlesjeromeware.com             " Here to make a difference."

Charles Jerome Ware, LLC, is a premier Maryland-based, national-respected lead(Pb) poisoning defense law firm which specializes in the successful legal defense representation of landowners and landlords against lead poisoning claims and lawsuits.  For an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016. We are here to help you.

The Maryland Coalition to End Childhood [Lead] Poisoning-managed Lead/Land "Qualified Offer" program, in conjunction with the Maryland Department of the Environment, was a noble and good-faith effort to provide remedial assistance and services to child victims as well as their families of lead poisoning. The program also was designed to bypass the tort liability system.

Unfortunately, the Lead/Land program failed. It failed, it appears, principally because of a lack of participation by landlords and landowners, despite its advantages to all parties involved.

Besides the relatively minimal pay-outs or payments of landlords and landowners to the victims, as well as the important limiting of lead(Pb) exposures to children, the program gave appropriate limited liability to landlords and property owners who responsibly participated in it.

[ Maryland Paint Poisoning Act, 1994; Maryland Lead Reduction of Risk in Housing, Lead/Land Program, Environment Code, sec. 6-801-6-852, Article 48A, sec. 734-737; Real Property, sec.8-208.2 ]

Friday, February 6, 2015

The Lawyer's Mailbox: BALTIMORE LEAD (Pb) DRINKING WATER : MARYLAND LEAD...

The Lawyer's Mailbox: BALTIMORE LEAD (Pb) DRINKING WATER : MARYLAND LEAD...: www.charlesjeromeware.com      " Here to make a difference. " Charles Jerome Ware, LLC, is a premier Maryland-based, nationally r...

The Lawyer's Mailbox: The Lawyer's Mailbox: LEAD IN PRODUCTS: MARYLAND L...

The Lawyer's Mailbox: The Lawyer's Mailbox: LEAD IN PRODUCTS: MARYLAND L...: The Lawyer's Mailbox: LEAD IN PRODUCTS: MARYLAND LEAD POISONING (Plumbis... : www.charlesjeromeware.com              " Here to make...

BALTIMORE LEAD (Pb) DRINKING WATER : MARYLAND LEAD (Pb) DEFENSE ATTORNEY

www.charlesjeromeware.com     " Here to make a difference. "
Charles Jerome Ware, LLC, is a premier Maryland-based, nationally respected lead poisoning defense law firm. The firm is well-known for its successful legal representation of landowners and landlords in their defense against lead paint poisoning lawsuits. For an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016. We can help you.

                                    LEAD (Pb) IN BALTIMORE DRINKING WATER

Pre-1978 built homes are not the only sources of lead poisoning in Baltimore. Lead, for example, can enter drinking water through corrosion of plumbing materials, especially where the water has high acidity or low mineral content that corrodes pipes and fixtures.

Homes in Baltimore built before 1986 are more likely to have pipes, fixtures and solder. However, newer homes are at risk as well. Even so-called legally "lead-free" plumbing can contain up to 8% lead.

In January 2014,  changes to the Safe Drinking Water Act further reduced the maximum allowable lead content of pipes, pipe fittings, plumbing fittings, and fixtures to 0.25 percent. The most common problem is with brass or chrome-plated brass faucets and fixtures with lead solder, from which significant amounts of lead can enter into the water, especially hot water.

Corrosion in plumbing is the dissolving or wearing away of metal caused by a chemical reaction between water and the plumbing.  There are a number of factors involved in the extent to which lead (Pb) enters the water, including (1) the chemistry of the water (acidity and alkalinity), (2) the amount of lead it comes into contact with, (3) how long the water stays in the plumbing materials, and (4) the presence of protective scales or coatings inside the plumbing materials.

The Lawyer's Mailbox: LEAD IN PRODUCTS: MARYLAND LEAD POISONING (Plumbis...

The Lawyer's Mailbox: LEAD IN PRODUCTS: MARYLAND LEAD POISONING (Plumbis...: www.charlesjeromeware.com              " Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland-based, natio...

LEAD IN PRODUCTS: MARYLAND LEAD POISONING (Plumbism) DEFENSE ATTORNEYS

www.charlesjeromeware.com             " Here to make a difference."
Charles Jerome Ware, LLC, is a premier Maryland-based, nationally-respected and recognized
lead paint poisoning (Plumbism) defense law firm, specializing in the legal representation of Landlords and Property Owners as defendants in lead paint poisoning lawsuits.  For an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016. We can help you.

LEAD CAN BE FOUND IN MANY PRODUCTS IN BALTIMORE AND THROUGH,OUT
MARYLAND , such as :

(1)   Many (lead) painted toys, furniture and jewelry; particularly those products manufactured in
        China and other Asian countries, etc.
(2)   Many cosmetic, porcelain, lead crystal, lead-glazed pottery
        products.
(3)   Ceramic products.
(4)   Many food products.
(5)   Drinking water and their containers.
(6)   Plumbing products.
(7)   Products for hobbies.
(8)   Products for sports such as fishing (sinkers, etc.), sport shooting (bullets, etc.), etc.
(9)  Folk (Home) Remedies;  Et  Al.

Thursday, February 5, 2015

The Lawyer's Mailbox: BALTIMORE LEAD PAINT DEFENDANT CORE FACTS: MARYLAN...

The Lawyer's Mailbox: BALTIMORE LEAD PAINT DEFENDANT CORE FACTS: MARYLAN...: www.charlesjeromeware.com       " Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland-based, nationally-r...

BALTIMORE LEAD PAINT DEFENDANT CORE FACTS: MARYLAND LEAD CASE PREVENTION ATTORNEY

www.charlesjeromeware.com      " Here to make a difference."
Charles Jerome Ware, LLC, is a premier Maryland-based, nationally-respected and recognized lead paint poisoning defense law firm specializing in the successful defense of residential landlords in lead poisoning cases. For an initial courtesy consultation, contact us at (410) 720-6129 or (410) 730-5016.

Exposure to lead is one of the more significant and widespread environmental hazards for children in Baltimore, Maryland.  Children are at the greatest risk from birth to age 6, while their neurological systems are developing. Exposure to lead can cause long-term neurological damage that may be associated with learning and behavioral problems and with decreased intelligence.

Sources of Lead at Many Baltimore Pre-1978 Built Residential Units, besides Lead Paint :

(1)  Soil;
(2)  Playgrounds;
(3) Dust;
(4) Foods;
(5) Drinking Water;
(6) Jobs ( Employment);
(7) Some Hobbies;
(8) Home(Folk) Remedies; etc.

 

The Lawyer's Mailbox: BALTIMORE & MARYLAND LEAD PAINT PROGRAM: DEFENSE N...

The Lawyer's Mailbox: BALTIMORE & MARYLAND LEAD PAINT PROGRAM: DEFENSE N...: www.charlesjeromeware.com       " Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland-based, nationally-r...

BALTIMORE & MARYLAND LEAD PAINT PROGRAM: DEFENSE NEW LAW UPDATE

www.charlesjeromeware.com      " Here to make a difference."
Charles Jerome Ware, LLC, is a premier Maryland-based, nationally-respected and recognized lead poisoning defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016. We are here to help defendants in lead poisoning lawsuits.

Effective January 1st, 2015, a new lead law passed by the Maryland General Assembly in 2012 and signed by Governor Martin O'Malley expands the universe of properties covered under the lead law to include rental properties built before 1978 --- when the use of lead paint was prohibited by the Federal government.

The previous lead law required rental properties in Baltimore and throughout Maryland built before 1950 to be registered in the Maryland Department of the Environment (MDE) lead program which is designed primarily to protect children from the health risks associated with lead paint poisoning.

Owners and landlords of the pre-1978 built real estate properties affected by the new changes in the lead law can now register these properties with the MDE online at  www.mde.maryland.gov/LeadRegistration.