The Lawyer's Mailbox: 6 REASONS FRANCHISEES NEED GOOD FRANCHISE ATTORNEY...

The Lawyer's Mailbox: 6 REASONS FRANCHISEES NEED GOOD FRANCHISE ATTORNEY...: www.charlesjeromeware.com .  " Here to make a difference." There are at least 6 reasons franchisees need good franchise attorney...

The Lawyer's Mailbox: 6 REASONS FRANCHISEES NEED GOOD FRANCHISE ATTORNEY...

The Lawyer's Mailbox: 6 REASONS FRANCHISEES NEED GOOD FRANCHISE ATTORNEY...: www.charlesjeromeware.com .  " Here to make a difference." There are at least 6 reasons franchisees need good franchise attorney...

6 REASONS FRANCHISEES NEED GOOD FRANCHISE ATTORNEYS

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

There are at least 6 reasons franchisees need good franchise attorneys before, during and after their franchisor-franchisee relationships:

1. Because the franchisors have attorneys representing them.
2. Because the franchisors tell you that you do not need attorneys representing you.
3. Because franchise contracts are lengthy, usually (allegedly) unalterable, and considerably one-   sided legal documents drafted primarily by franchisor attorneys.
4. Because good franchise attorneys know what matters ( and consequently what to fight for) in these lengthy and generally complex franchise legal contracts.
5. Because franchise attorneys can advise franchisees in choosing the appropriate business entity for the franchisee.
6.Because franchise attorneys can help advise franchisees when problems in the franchisor-franchisee relationship develop, etc.

[And see, Chapter 14: " Franchising -- Opportunities and Scams", Legal Consumer Tips And Secrets : Avoiding Debtors' Prison In The United States, by Attorney Charles Jerome Ware]

The Lawyer's Mailbox: WHEN TO DECLINE LEGAL REPRESENTATION OF THE CELEBR...

The Lawyer's Mailbox: WHEN TO DECLINE LEGAL REPRESENTATION OF THE CELEBR...: www.charlesjeromeware.com .  " Here to make a difference." Having successfully represented several " celebrity" client...

WHEN TO DECLINE LEGAL REPRESENTATION OF THE CELEBRITY: 4 Tips By Attorney Charles Jerome Ware

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

Having successfully represented several " celebrity" clients over the years, and having both written and published about this type of legal representation on numerous occasions, I have come to the conclusion that there are basically 4 irrefutable tips to follow in deciding when to decline representation:

1.  Avoid the client who refuses to be the "client", and also wants to be your co-counsel. This is a terrible mistake that almost never works well.

2. Avoid the client who wants guarantees. There are few, if any at all, guarantees in the law.

3. Avoid the client who seems to be untruthful with you ( his or her attorney). Disaster awaits with this unholy representation.

4. Avoid the client who insists on trying the case in the media. This tactic rarely helps the case; and, it could possibly destroy your client's reputation.

Attorney Charles Jerome Ware is a nationally known and respected trial attorney who has represented numerous celebrities over his many years of successful law practice.

[see, Chapter 21,"Representing the Celebrity Client", Understanding the Law : A Primer, by Charles Jerome Ware; and, " Defending Drinking Drivers", Vol. 1, by Tarantino and Frajola]

The Lawyer's Mailbox: GAMBLING, ODDS AND PROBABILITIES

The Lawyer's Mailbox: GAMBLING, ODDS AND PROBABILITIES: A. The “Professional Gambler”             It is because the odds and probabilities of someone winning on a regular or consistent basis are ...

The Lawyer's Mailbox: FERGUSON MO. COURTS: DEBTORS' PRISONS?

The Lawyer's Mailbox: FERGUSON MO. COURTS: DEBTORS' PRISONS?: www.CharlesJeromeWare.com .  "Here to make a difference."  [Excerpt from the Associated Press, Thursday, December 18, 2014; Alan...

FERGUSON MO. COURTS: DEBTORS' PRISONS?

www.CharlesJeromeWare.com.  "Here to make a difference."  [Excerpt from the Associated Press, Thursday, December 18, 2014; Alan Scher Zagier]
Victim Michael Brown's untimely homicide by a local police officer is just one of the many grievances of the African American community against Ferguson, (St. Louis County) Missouri officials and government.  In addition to the police, the town's municipal traffic has also been a prominent burden on local Blacks.
On a daily basis it has been in Ferguson's municipal traffic courts that low-income African American drivers have frequently seen their lives turned upside down by minor traffic offenses that have led to much larger problems.  If the traffic tickets are left unpaid a $75 citation, for example, for driving with expired tags could in a relatively short period of time end up with an arrest warrant and even jail time.
St. Louis, County's 80 municipal courts (including Ferguson) are now being targeted by public-interest lawyers who argue that the traffic courts are virtual debtors' prisons; wrongfully extracting fines and fees from poor Black drivers and using the wrongfully-gained money to fund local governments, several in which serve just a few hundred White residents.
"They make people poor, and they keep people poor," said attorney Thomas Harvey of the nonprofit legal clinic ArchCity Defenders, which is suing Ferguson and six other St. Louis County small towns, alleging they collect illegal municipal court fees.
[And see, Chapter 19 - "Avoiding Debtor's Prison In The United States," Legal Consumer Tips And Secrets: Avoiding Debtors' Prison in the United States, by Attorney Charles Jerome Ware]
www.CharlesJeromeWare.com. "Here to make a difference." We can help you. Guaranteed.
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.

ALERT! YOU CAN BE A VICTIM OF A FOREIGN LOTTERY AND STILL GO TO JAIL

            Remember: It is your legal responsibility to verify the legality of checks and money orders when you cash or deposit a draft or receive funds wired into any of your bank accounts. By law, you are legally responsible and fully liable for any checks or money orders you cash anywhere in the world. Be aware that monies wired into any of your bank accounts by a stranger may be stolen funds. Therefore, you and your accounts could be used for money laundering.
            Nigerian, Asian and Eastern European organized crime networks, particularly, are known to specialize in sending counterfeit checks and money orders to unsuspecting scam victims for the purpose of money laundering. These same crime networks acquire the account information of their scam victims and wire money stolen from another account holder into the scam victim’s account. In both cases, the scam victim is told to send a large portion of the money by Western Union or MoneyGram to fictitious names, usually in foreign countries. The scam victim has now engaged in money laundering and will owe the entire amount of money he or she has sent off. Further, and worse, the scam-victim is at high risk and exposure of being criminally charged, indicted, for theft, forgery, and money laundering.
It is Illegal for U.S. Citizens to enter Foreign Lotteries.
            [see, Racketeering (Federal Statute), U.S. Code, Title 18, Part 1, Chapter 95; www4.law.cornell.edu/uscode/html/uscode18/uscsup01181012095.html]

EXCERPTED FROM:

The Secret Science of Winning Lotteries, Sweepstakes and Contests: Laws, Strategies, Formulas and Statistics [Paperback]Charles Ware (Author)

Book Description 

Publication Date: July 26, 2012
There is a science of winning lotteries, sweepstakes and contests! When it comes to lotteries, sweepstakes and contests, there are ways to improve your odds or probability of winning. They are discussed in this book, with a lot of detail and some humor. Blind reliance on luck or chance is not necessary to win lotteries, sweepstakes and contests. The "4Ps" of persistence, preparation, poise and a positive mental attitude are necessary to win on a consistent or regular basis. Therefore, just about anyone is capable of winning. Charles Jerome Ware is a noted author and attorney, microeconomist, lotterician, sweepstaker and contester. He is a principal in the national law firm of Charles Jerome Ware, Attorneys and Counselors. Dr. Ware is a highly successful and life-long sweepstaker and contester. He is also a successful lotterician who, for several years, has investigated, monitored and researched lotteries throughout the United States and several foreign countries. Dr. Ware is the recipient of numerous awards for his accomplishments in law and other areas. He lives in Columbia, Maryland.

Product Details

• Paperback: 166 pages
• Publisher: Outskirts Press (July 26, 2012)
• Language: English
• ISBN-10: 1432793888
• ISBN-13: 978-1432793883

Available: Amazon; all major bookstores, etc.
http://amzn.com/1432793888

CHAPTER 10: WINNING THE LOTTERY BY AVOIDING LOTTERY SCAMS

________________________________________________________________________
            Successful lottery winners know how to avoid lottery scams, jokes and pranks. So, be careful.

1. Ten (10) Tips for Identifying Lottery Scam Emails and Letters:

            (1) If you, or someone else for you, did not buy a lottery ticket, you cannot win the lottery. You must play the game in order to win the game. No ticket, NO WIN.
            (2) The lottery is unknown, or unidentifiable. Unless, of course, you find it on a lottery scam website. In any event, avoid it. It is most likely a scam.
            (3) The lottery’s name is a company name, like Gateway or Verizon. Lotteries are not sponsored by merchants, companies, or individuals, except through a sweepstakes.
            (4) Again, remember ((3), above), lotteries are not sponsored by individuals, no matter how wealthy they are. Bill Gates or the Crown Prince of Saudi Arabia, or some official in Nigeria, do not, and cannot, sponsor lotteries.
            (5) You do not live in the lottery country, and you are not a citizen of the lottery country. Most lotteries are restricted to residents of the state, province, or country in which the game is played.
            (6) Since no one is permitted to use your email address without your specific and expressed permission, it is not possible for your email address to win in any random email drawing.
            (7) It’s a scam letter if you did not register your name, street address, email address, telephone number, and a credit card BEFORE you were allowed to buy a ticket on an online pay-to-play lottery web site.
            (8) You cannot win the lottery simply by participating in surveys. Legitimate surveys do not purchase lottery tickets for you. Invariably, surveys that promise lottery tickets are probably ID Theft scams. Be aware of this.
            (9) Legitimate lotteries (and sweepstakes as well) generally advertise their games on a daily basis. If your alleged lottery is not doing that, and you are not aware of them, or it, be extremely cautious.
            (10) Remember: If you are required to pay money after you have allegedly won the lottery, it is probably a scam. [Legal Consumer Tips and Secrets, Chapter 11, Charles Jerome Ware, iUniverse Pub. (2011); Understanding the Law: A Primer, Charles Jerome Ware, iUniverse Pub. (2008)]
EXCERPTED FROM:
The Secret Science of Winning Lotteries, Sweepstakes and Contests: Laws, Strategies, Formulas and Statistics [Paperback]Charles Ware (Author)

Book Description 

Publication Date: July 26, 2012
There is a science of winning lotteries, sweepstakes and contests! When it comes to lotteries, sweepstakes and contests, there are ways to improve your odds or probability of winning. They are discussed in this book, with a lot of detail and some humor. Blind reliance on luck or chance is not necessary to win lotteries, sweepstakes and contests. The "4Ps" of persistence, preparation, poise and a positive mental attitude are necessary to win on a consistent or regular basis. Therefore, just about anyone is capable of winning. Charles Jerome Ware is a noted author and attorney, microeconomist, lotterician, sweepstaker and contester. He is a principal in the national law firm of Charles Jerome Ware, Attorneys and Counselors. Dr. Ware is a highly successful and life-long sweepstaker and contester. He is also a successful lotterician who, for several years, has investigated, monitored and researched lotteries throughout the United States and several foreign countries. Dr. Ware is the recipient of numerous awards for his accomplishments in law and other areas. He lives in Columbia, Maryland.

Product Details

• Paperback: 166 pages
• Publisher: Outskirts Press (July 26, 2012)
• Language: English
• ISBN-10: 1432793888
• ISBN-13: 978-1432793883

Available: Amazon; all major bookstores, etc.
http://amzn.com/1432793888

GAMBLING, ODDS AND PROBABILITIES

A. The “Professional Gambler”
            It is because the odds and probabilities of someone winning on a regular or consistent basis are so remote that the concept of a person being a “professional” gambler (making a living at gambling) is not practical nor realistic.
            I have observed that, at best, the most fortunate (or lucky) gambler will lose at least 52% of the time. In casinos and gambling “houses” all over, the person or player who wins more than he or she loses is considered a “cheat” or a “card counter” (in poker or blackjack card games), and is therefore banned from participating.
            Remember this: When you gamble, you are paying your money for “entertainment”.
B. Odds and Probabilities 
            Far too many “gamblers” do not understand what probabilities and odds really mean. Consider the following scenario:
Assume that a gambler’s odds of winning a particular prize in a drawing or raffle are 1 in 10. This means that if only 10 raffle tickets are sold and put “in the hat” so to speak, the hopeful gambler would have one ticket in the drawing.
However, if the drawing or raffle sold 100 tickets and drew for 10 prizes, the gambler is still not guaranteed to win, even though the odds suggest he or she will win.
Odds can be misleading to gamblers, therefore it is helpful for the player to understand the mathematics behind probabilities.
Probabilities do not guarantee winnings. Probabilities simply propose a likelihood of winning. [mathcentral.uregina.ca/beyond/articles/gambling/odds.html]
C. The Concept of “Independent Events” 
            The Concept of “Independent Events” helps explain the odds of winning in gambling. It is frequently misunderstood by gamblers. Independent events is a probability term meaning that past events actually have no influence on future outcomes.
            In other words, in “gambling” history does not matter.
            Take, for example, the flipping of a coin four consecutive times. Under the concept of independent events, the probability of getting four heads in this scenario is as follows:    
                   (1/2)(1/2)(1/2)(1/2)=1/16
            The reason for this is because the probability of flipping a head if you flip a coin is (an independent event). Therefore, no matter how many times you flip a coin, the probability of getting a head remains the same: 1/2.
            The problem that many gamblers have, however, is that they believe or hope that the first three flips (for example) will somehow influence the fourth flip. It does not. That is a misunderstanding. The probability remains the same for each and every flip of the coin: 1/2.
            In “gambling” history does not matter.
EXCERPTED FROM:
The Secret Science of Winning Lotteries, Sweepstakes and Contests: Laws, Strategies, Formulas and Statistics [Paperback]Charles Ware (Author)

Book Description 

Publication Date: July 26, 2012
There is a science of winning lotteries, sweepstakes and contests! When it comes to lotteries, sweepstakes and contests, there are ways to improve your odds or probability of winning. They are discussed in this book, with a lot of detail and some humor. Blind reliance on luck or chance is not necessary to win lotteries, sweepstakes and contests. The "4Ps" of persistence, preparation, poise and a positive mental attitude are necessary to win on a consistent or regular basis. Therefore, just about anyone is capable of winning. Charles Jerome Ware is a noted author and attorney, microeconomist, lotterician, sweepstaker and contester. He is a principal in the national law firm of Charles Jerome Ware, Attorneys and Counselors. Dr. Ware is a highly successful and life-long sweepstaker and contester. He is also a successful lotterician who, for several years, has investigated, monitored and researched lotteries throughout the United States and several foreign countries. Dr. Ware is the recipient of numerous awards for his accomplishments in law and other areas. He lives in Columbia, Maryland.

Product Details

• Paperback: 166 pages
• Publisher: Outskirts Press (July 26, 2012)
• Language: English
• ISBN-10: 1432793888
• ISBN-13: 978-1432793883

Available: Amazon; all major bookstores, etc.
http://amzn.com/1432793888

Chapter 1: THE DIFFERENCE BETWEEN LOTTERIES, SWEEPSTAKES AND CONTESTS

Lotteries

A.  Lotteries are prize drawing in which, generally, people must pay money to buy a chance to win.  The "win" or prize is frequently cash.  Lotteries are usually well-regulated by the government, and now-a-days are generally only legal when they are run by the government [http://contests.about.com/od]
A lottery is a form of gambling which involves the drawing of lots for a prize.  Another word for lots is tickets.  The usual goal of lotteries is to raise money ***

Sweepstakes

B.  Sweepstakes are prize giveaways in which the winners are essentially chosen by luck, with some notable exceptions as outlined in this book.

                            I know a lot about sweepstakes.

With persistence and research your "luck" can be enhanced, and even made, with sweepstakes.  Sweepstakes prizes can cover the gamut from t-shirts and stickers; to credit cards and cash, from vacations to cars, to houses ***

Contests

C. Contests generally involve some skill.  Winners are selected in contests based upon some merit, unlike sweepstakes which are based on chance, and lotteries which are considered a form of gambling.

In contests, for example, the person judged to have the best essay, the best photograph, the chosen recipe, the most moving poem, and so forth, wins.  Contests are usually allowed to charge an entry fee.

Many people mistakenly use the terms "sweepstakes" and "contests" interchangeably.  Technically, as we have stated, the two are different.  Contests are giveaways that have some level of skill involved in them; sweepstakes are games of chance or "luck".

EXCERPTED FROM:
The Secret Science of Winning Lotteries, Sweepstakes and Contests: Laws, Strategies, Formulas and Statistics [Paperback]Charles Ware (Author)

Book Description 

Publication Date: July 26, 2012
There is a science of winning lotteries, sweepstakes and contests! When it comes to lotteries, sweepstakes and contests, there are ways to improve your odds or probability of winning. They are discussed in this book, with a lot of detail and some humor. Blind reliance on luck or chance is not necessary to win lotteries, sweepstakes and contests. The "4Ps" of persistence, preparation, poise and a positive mental attitude are necessary to win on a consistent or regular basis. Therefore, just about anyone is capable of winning. Charles Jerome Ware is a noted author and attorney, microeconomist, lotterician, sweepstaker and contester. He is a principal in the national law firm of Charles Jerome Ware, Attorneys and Counselors. Dr. Ware is a highly successful and life-long sweepstaker and contester. He is also a successful lotterician who, for several years, has investigated, monitored and researched lotteries throughout the United States and several foreign countries. Dr. Ware is the recipient of numerous awards for his accomplishments in law and other areas. He lives in Columbia, Maryland.

Product Details

• Paperback: 166 pages
• Publisher: Outskirts Press (July 26, 2012)
• Language: English
• ISBN-10: 1432793888
• ISBN-13: 978-1432793883

Available: Amazon; all major bookstores, etc.
http://amzn.com/1432793888

LOTTERY PROBABILITY: LOGIC AND REASON

Probability
When playing the lottery, entering sweepstakes, as well as competing in contests, the thrust of your strategy should be to increase your probability of winning.
Probability starts with logic, and logic refers to reason.
Probability is defined as the rapport of the favorable cases over total cases, or calculated as:
P = n/N
Be reasonable and logical when playing lotteries, sweepstakes, and contests, and you will increase your probabilities of winning!
[Also see, "Example for Creating 'Pick-3' (and even 'Pick-4') Number Lotto Algorithms Using Logic", Chapter VI, infra, as well as "Winning Pick-3 and Pick-4 Lottery Games", Chapter V, infra]
EXCERPTED FROM:
The Secret Science of Winning Lotteries, Sweepstakes and Contests: Laws, Strategies, Formulas and Statistics [Paperback]Charles Ware (Author)

Book Description 

Publication Date: July 26, 2012
There is a science of winning lotteries, sweepstakes and contests! When it comes to lotteries, sweepstakes and contests, there are ways to improve your odds or probability of winning. They are discussed in this book, with a lot of detail and some humor. Blind reliance on luck or chance is not necessary to win lotteries, sweepstakes and contests. The "4Ps" of persistence, preparation, poise and a positive mental attitude are necessary to win on a consistent or regular basis. Therefore, just about anyone is capable of winning. Charles Jerome Ware is a noted author and attorney, microeconomist, lotterician, sweepstaker and contester. He is a principal in the national law firm of Charles Jerome Ware, Attorneys and Counselors. Dr. Ware is a highly successful and life-long sweepstaker and contester. He is also a successful lotterician who, for several years, has investigated, monitored and researched lotteries throughout the United States and several foreign countries. Dr. Ware is the recipient of numerous awards for his accomplishments in law and other areas. He lives in Columbia, Maryland.

Product Details

• Paperback: 166 pages
• Publisher: Outskirts Press (July 26, 2012)
• Language: English
• ISBN-10: 1432793888
• ISBN-13: 978-1432793883

Available: Amazon; all major bookstores, etc.
http://amzn.com/1432793888

The Lawyer's Mailbox: TOP MARYLAND DUI DEFENSE ATTORNEY OFFERS TIPS: Blu...

The Lawyer's Mailbox: TOP MARYLAND DUI DEFENSE ATTORNEY OFFERS TIPS: Blu...: www.CharlesJeromeWare.com .

The Lawyer's Mailbox: TOP MARYLAND DUI DEFENSE ATTORNEY OFFERS TIPS: Blu...

The Lawyer's Mailbox: TOP MARYLAND DUI DEFENSE ATTORNEY OFFERS TIPS: Blu...: www.CharlesJeromeWare.com .  "Here to make a difference." The holiday season of joy can very quickly turn into a holiday season o...

TOP MARYLAND DUI DEFENSE ATTORNEY OFFERS TIPS: Blurred Lines and Slurred Words

www.CharlesJeromeWare.com.  "Here to make a difference."
The holiday season of joy can very quickly turn into a holiday season of gloom when celebrants fail to drink responsibly, and then drive.
Maryland drunk driving laws are strict, and they can be complex and complicated.  The bottom line in the State of Maryland is: Do not drink and drive.
Some other tips are as follows:

1. When you are away from your residence and drinking alcohol, always (a) have a designated non-drinking trustworthy companion take you home or (b) hire a taxi, etc., to deliver you safely at your residence.
2. Friends do not let friends drive while intoxicated.  Therefore, watch behavior changes in your companions.
   
   Behavior changes.  There is a rough correlation between how much alcohol a person has consumed and their behavior.  This means it will be easier to tell if a close friend or family member is drunk because of prior experience and observations.  The same is not true of a co-worker, or someone who is less familiar.
3. Talking loud and essentially saying nothing.  "Babbling"---loud babbling can occur with increased intoxication.
   
   High volume talking.  One early and obvious sign of impairment is loud talking.  The more alcohol is consumer, the louder the drinker gets.
4. Getting happier or becoming meaner.
   
   Low inhibition.  At relatively low levels of intoxication, a drinker may start to lose emotional restraint and become more vivacious.  This may become obvious when a normally restrained or introverted person starts to become the life of the party.  Alternatively, a usually amiable house-guest may start to grouse about everything, or even start fights.  These behaviors suggest mild impairment of judgment, and should be considered strong warning signs that its time to take away the keys.
5. What was he or she thinking when they did that?  That's the point: they were not thinking.
   
   Poor judgment.  Some people begin to behave inappropriately when they drink.  They may swear, engage in unwanted flirting, and tell tasteless jokes.
6. "Blurred lines" and "slurred words."
   
   Slurred words.  As the night wears on even more serious signs of intoxication may start to become apparent.  For example, the drinker may start to exhibit slight slurring of speech.  Mild impairment of judgment may move on to full emotional instability which is often accompanied by inappropriate laughter.  Seeing these signs is a clue that it might be time to either make up a bed for a house guest, or to call them a cab.

www.CharlesJeromeWare.com. "Here to make a difference." We can help you. Guaranteed.
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.

TOP MARYLAND DEFENSE ATTORNEY OFFERS TIPS: Blurred Lines and Slurred Words

www.CharlesJeromeWare.com.  "Here to make a difference."
The holiday season of joy can very quickly turn into a holiday season of gloom when celebrants fail to drink responsibly, and then drive.
Maryland drunk driving laws are strict, and they can be complex and complicated.  The bottom line in the State of Maryland is: Do not drink and drive.
Some other tips are as follows:

1. When you are away from your residence and drinking alcohol, always (a) have a designated non-drinking trustworthy companion take you home or (b) hire a taxi, etc., to deliver you safely at your residence.
2. Friends do not let friends drive while intoxicated.  Therefore, watch behavior changes in your companions.
   
   Behavior changes.  There is a rough correlation between how much alcohol a person has consumed and their behavior.  This means it will be easier to tell if a close friend or family member is drunk because of prior experience and observations.  The same is not true of a co-worker, or someone who is less familiar.
3. Talking loud and essentially saying nothing.  "Babbling"---loud babbling can occur with increased intoxication.
   
   High volume talking.  One early and obvious sign of impairment is loud talking.  The more alcohol is consumer, the louder the drinker gets.
4. Getting happier or becoming meaner.
   
   Low inhibition.  At relatively low levels of intoxication, a drinker may start to lose emotional restraint and become more vivacious.  This may become obvious when a normally restrained or introverted person starts to become the life of the party.  Alternatively, a usually amiable house-guest may start to grouse about everything, or even start fights.  These behaviors suggest mild impairment of judgment, and should be considered strong warning signs that its time to take away the keys.
5. What was he or she thinking when they did that?  That's the point: they were not thinking.
   
   Poor judgment.  Some people begin to behave inappropriately when they drink.  They may swear, engage in unwanted flirting, and tell tasteless jokes.
6. "Blurred lines" and "slurred words."
   
   Slurred words.  As the night wears on even more serious signs of intoxication may start to become apparent.  For example, the drinker may start to exhibit slight slurring of speech.  Mild impairment of judgment may move on to full emotional instability which is often accompanied by inappropriate laughter.  Seeing these signs is a clue that it might be time to either make up a bed for a house guest, or to call them a cab.

www.CharlesJeromeWare.com. "Here to make a difference." We can help you. Guaranteed.
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.

MARYLAND LEAD POISONING DEFENDANT UPDATE: Experts Must Have Expertise And Facts To Testify

www.CharlesJeromeWare.com.
Charles Jerome Ware is a principal in the Maryland-based national lead-based paint poisoning defense law firm of Charles Jerome Ware, LLC, Attorneys and Counselors.  Should the reader have specific questions or desire an initial courtesy consultation, Attorney Ware can be reached at (410) 720-6129 or (410) 730-5016, or emailed at charlesjeromeware@msn.com.  He can help you.
Numerous commentators have suggested that in certain circumstances in Baltimore lead-based paint poisoning cases are "indefensible."  I respectfully disagree.  Properly litigated lead paint cases should, and can, provide defendant landlords, etc., with proper defenses.  With the high volume of lead cases filed in Maryland (and in particular, Baltimore) every year, a helpful number of these cases are appealed to Maryland's appellate courts.
One of these recent decisions and opinions addresses the important issue of the need for qualified expert witnesses in these cases to have both the necessary expertise as well as supporting facts to testify:
City Homes, Inc. v. Hazelwood, 210 Md. App. 615, 63 A.3d 713 (2013), cert. denied, 432 Md. 468, 69 A.3d 476 (2013). 
Experts must have expertise and supporting facts to testify. In Hazelwood, the Court of Special Appeals outlined the lack of qualifications and insufficient factual basis of an expert who was to offer opinions regarding alleged injury from childhood lead poisoning as well as the source of the lead ingestion. The trial court did not abuse its discretion in excluding the "expert" M.D.’s testimony because the doctor had never evaluated,
diagnosed or monitored the progress of children diagnosed with elevated lead levels, had never been involved in any environmental tests dealing with the presence of lead, was not
a Maryland certified Lead Risk Assessor, had never published any articles related to lead nor delivered any lectures on lead ingestion, did not examine Plaintiff nor performed a medical or nutritional history of Plaintiff, could not recall performing a differential diagnosis on a pediatric patient in which he had determined that the symptoms were due to lead ingestion, and could not cite a single instance in which he identified “source.”
The Court of Special Appeals held that the doctor's exclusion was not an abuse of discretion.
The Court also opined, in dicta, that an environmental expert must have knowledge as to how the XRF lead-testing machine was actually operated at a subject property if he was to testify regarding that testing. The Court warned that general knowledge of how an XRF machine is typically used would be insufficient to support testimony regarding specific testing.

LEAD PAINT POISONING DEFENSE (LPPD): Maryland Lead Defense Attorney

www.CharlesJeromeWare.com.  "Here to make a difference."
Ross v. Hous. Auth. of Baltimore City, 430 Md. 648, 63 A.3d 1 (2013).
The Maryland Court of Appeals has held that, while Plaintiff’s medical expert was properly excluded as an expert as to the “source” of the Plaintiff’s lead exposure, the exclusion of that testimony did not preclude the Plaintiff from establishing the causal link by circumstantial evidence at trial.

To prove that the Defendant’s subject premises was a “substantial factor,” and therefore caused the Plaintiff’s injuries resulting from lead exposure, the premises (1) must have been a source of the Plaintiff’s exposure to lead, (2) the exposure must have contributed to the elevated blood lead levels, and (3) the associated increase in blood lead levels must have been substantial enough to contribute to the Plaintiff’s injuries.

The Court held that an expert is not necessary in order to establish prong (1), but that expert testimony might be essential in proving prongs (2) and (3).

The Court of Appeals remanded the case back to the circuit court on the basis that the fact-finder could infer from the evidence that lead exposure at the subject premises was a substantial contributing factor to the Plaintiff’s blood lead levels without the testimony of a causation expert.
[Attorney Charles Jerome Ware is a nationally-respected, Maryland-based, lead paint poisoning defense attorney.  For questions or an initial courtesy consultation, contact Attorney Ware at (410) 720-6129 or (410) 730-5016; or email him at charlesjeromeware@msn.com]

THE "GRAND JURY" AND "THE HAM SANDWICH": MARYLAND TRIAL ATTORNEY SPEAKS

www.CharlesJeromeWare.com.  "Here to make a difference."
I heard the phrase many years ago when I was a first-year law student.  I have heard it, as well as used it myself, over the many years since law school.  The popular phrase among lawyers is this: "The grand jury can indict a ham sandwich."
Though obviously exaggerated, the phrase is not far from being true.  The grand jury is a secret group of people called upon to make a very important decision who are controlled by the prosecution.  The decision they are called upon to make is whether a person will be officially charged (indicted) for allegedly committing a crime.
By its very secret and insular nature, the grand jury can be an extremely subjective body of decision makers.  Both bad and good decisions come out of grand juries every day in the United States. 
Technically speaking, a grand jury is a legal body that is empowered to conduct official proceedings to investigate potential criminal conduct and to determine whether criminal charges should be brought. A grand jury may compel the production of documents and may compel the sworn testimony of witnesses to appear before it. A grand jury is separate from the courts, which do not preside over its functioning.
The Fifth Amendment to the US Constitution provides "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger..."
The United States is virtually the only country that retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing. Grand juries perform both accusatory and investigatory functions. The investigatory functions of the grand jury include obtaining and reviewing documents and other evidence and hearing the sworn testimony of witnesses that appear before it. The grand jury's accusatory function is to determine whether or not there is probable cause to believe that one or more persons committed a certain offense within the venue of the district court.
The "grand jury" in the United States is composed of 12 to 23 citizens
[see, U.S. v. Williams, Jr., 112 S. Ct. 1735, 504 U.S. 36 (1992); "State Grand Juries," Susan Brenner and Lori Shaw, Univ. of Dayton School of Law (2003); "Frequently Asked Questions About the Grand Jury System," American Bar Association (ABA), http://www.aba-now.org (2010)]
www.CharlesJeromeWare.com. "Here to make a difference." We can help you. Guaranteed.
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.

UNDERSTANDING MARYLAND DUI & DWI LAWS

Maryland drunk driving laws are can be complicated and complex. There are multiple charges that fall under the umbrella of drunk driving in Maryland, and there are different penalties for each charge. The two main charges are known as driving under the influence (DUI) and driving while impaired or operating while impaired (DWI or OWI) in Maryland.

A. Maryland Drunk Driving Laws: DUI Versus DWI

Under Maryland drunk driving laws, a distinction is made between being over the legal blood-alcohol limit and driving while impaired by alcohol.
(1) Driving while impaired (DWI) is considered a lesser offense than driving under the influence (DUI), and thus the penalties for DWI are less severe than those for DUI.
(2) You may be arrested and charged with a DUI in Maryland if, via chemical testing, a police officer determines that your blood-alcohol content is .08 percent or higher. This is the legal limit in Maryland and in just about every other state in the U.S.
(3) To receive the lesser charge of a DWI in Maryland, your blood-alcohol content must fall between .07 and .08 percent. Once again, this will be determined through chemical testing.

B. Suspicion of Drinking and Driving in Maryland

(1) Under Maryland drunk driving laws, a police officer may pull you over on suspicion of either a DUI or DWI for a number of reasons.
(2) One of the most common reasons an officer may pull you over is because you committed a traffic violation. Examples of traffic violations include:

• Driving through a red light
• Failing to stop at a stop sign
• Driving with your headlights off at night
• Speeding
• Driving in two lanes at once

(3) A police officer may also pull you over even if you are not breaking a traffic law. If your driving appears erratic, that is reason enough for an officer to investigate further. Examples of erratic driving behavior include:

• Weaving in and out of a lane
• Driving too slowly
• Hesitating before passing through a green light

(4) Once the officer has pulled you over, he or she may try to gauge whether you are intoxicated by observing your behavior. Alcohol on your breath, slurred speech, and bloodshot eyes are all considered and taken as signs of possible intoxication.

C. Field Sobriety and Breathalyzer Tests

(1) If, after observing you up close, the officer still suspects you of being intoxicated, he or she may ask you to step out of the vehicle and submit to field sobriety tests.
(2) Field sobriety testing is used by Maryland police to determine whether someone is probably drunk. Possible field sobriety tests that an officer might use in a Maryland drunk driving incident include:

• Saying the alphabet
• Standing on one leg
• Walking in a straight line
• Following a moving object with your eyes without moving your head

(3) The officer may also seek to administer a breathalyzer test. A breathalyzer is a device that allegedly can gauge blood-alcohol content by detecting trace amounts of alcohol in a person's breath.

D. Refusing Chemical Testing.  Caveat Emptor!

(1) Under Maryland drunk driving law, if you refuse to undergo chemical testing, including a breathalyzer test, you may be subject to some stiff administrative penalties.
(2) For example, you may have your driver's license immediately suspended for 120 days for a first offense. After that, you could have your license suspended for one year, just for refusing a breathalyzer test.
(3) Maryland is one of a handful of states that does allow you to have an attorney present while taking a chemical test to determine blood-alcohol content. Once arrested by police, you will have the constitutional right to a DWI attorney. As long as your lawyer can appear within two hours of your arrest, you can delay your chemical testing until your attorney arrives.
(4) If you refuse to submit to field sobriety testing, the officer has the right to arrest you on the spot on suspicion of driving drunk or impaired.
[see all DUI and DWI blogs of Charles Jerome Ware on the Internet; Maryland Code Annotated]

ABOUT DEFENSE ATTORNEY CHARLES WARE

www.CharlesJeromeWare.com. "Here to make a difference." We can help you. Guaranteed.
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.

NO GUARANTEES: GRANDPARENT RIGHTS IN MARYLAND

www.CharlesJeromeWare.com.  "Here to make a difference."
[The information provided herein is not designed nor intended to be legal advice]
The issue of grandparents rights comes up frequently in my law practice.
Grandparent visitation rights are not guaranteed nor assured in Maryland.  The "best interest of the child" is the standard legal guide here.
The visitation rights of grandparents are written in Maryland law and can be found in the Maryland Annotated Code, Family Law Article §9-102.  The statute was last amended in 1993, and now reads as follows:
 "An Equity Court may:

1. consider a Petition for reasonable visitation of a grandchild by a grandparent; and
2. if the Court finds it to be in the best interest of the child, grant visitation rights to grandparent." [MD Code Family Law § 9-102]

However, a grandparent is unlikely to be successful petitioning for visitation over the objection of the parents unless the grandparent is able to show that the parent is unfit or exceptional circumstances exist to indicate that the lack of grandparent visitation will have a harmful effect upon the child who is the subject of the petition. [Koshko v. Haining, 398 Md. 404, 921 A.2d 171 (2007)].

Case Rulings

As in all visitation cases, the court will always consider the best interest of the child in deciding whether to grant visitation. Generally, the court will honor the wishes of the custodial parent and presume that any schedule for visitation presented by the parent is in the best interest of the child.
The Supreme Court of the United States (SCOTUS) addressed the issue of third party visitation in Troxel v. Granville, 120 S.Ct. 2054 (1999).  In a case brought by grandparents who sought an expanded visitation schedule, the court held unconstitutional a Washington state statute that allowed a court to award visitation to any third party at any time based solely on the best interest of the child standard.
Subsequently, the Maryland Court of Special Appeals, citing Troxel, held that the trial court violated a mother’s Constitutional rights when it ordered her to comply with an increased visitation order between her child and the paternal grandparents.  [See Brice v. Brice, 133 Md. App. 302 (2000)].
In Brice, the mother did not oppose or deny visitation between the daughter and the grandparents but she did object to the court imposing a schedule. The court did not find that Fam. Law § 9-102 is unconstitutional.  Instead, the court found that application of the statute was improper because no court had found the mother unfit and visitation had not been denied.
 Thus, in Maryland, grandparents can still file a petition for visitation under Maryland Annotated Code, Family Law Article, § 9-102.  However, it appears that the petition will only be considered if the parent has been found unfit, exceptional circumstances existed or the parent denied grandparent visitation all together.
In 2007, the Maryland Court of Appeals affirmed that parents have a fundamental right to control the upbringing of their children and that grandparents may only be awarded visitation only if they show that the parents are unfit or exceptional circumstances exist.
"To preserve fundamental parental liberty interests, we now apply a gloss to the Maryland Grandparent Visitation Statute requiring a threshold showing of either parental unfitness or exceptional circumstances indicating that the lack of grandparental visitation has a significant  deleterious effect upon the children who are the subject of the petition."
[Koshko v. Haining, 398 Md. 404, 441 (2007)]
[see, http://www.peoples-law.org/grandparent-visitation-rights; John Fader & Richard Gilbert, Maryland Family Law §6-6 (4th Ed. 2005)]

COMMON LAW MARRIAGES AND DIVORCES IN MARYLAND

www.CharlesJeromeWare.com.  "Here to make a difference."
A "common law" marriage, defined or described as a relationship in which a couple lives together as spouses but has not participated in a lawful marriage ceremony, cannot be created in the State of Maryland.  In other words, a couple cannot acquire marital rights and responsibilities in Maryland by simply living together for a specified period of time.  Further, no legal action is required to dissolve such a relationship---which essentially has no legal standing.
The State of Maryland does, however, recognize as valid, "Common law" marriages which were lawfully created in other states and countries, provided the legal requirements for "common law" marriage in those states and countries have been met.  In those specific cases, legal action is in fact necessary to dissolve those legal "common law" marriages created in other states and foreign countries in compliance with their licensing and ceremonial regulations.  Maryland courts can then determine the rights of the parties now living in Maryland.
For the important purposes of spousal benefits, pension plans, other retirement issues, social security, and inheritance, etc., a valid marriage in Maryland is required.
Individuals should consult an attorney with specific questions as to whether a marriage is valid in Maryland.
[Charles Jerome Ware is a Maryland-based national divorce attorney.  You may contact him with questions or an initial courtesy consultation at (410) 720-6129 or (410) 730-5016.  The information provided above and herein is not designed nor intended to be legal advice]

KEY MARYLAND HOLIDAY CHECKPOINTS AND STRATEGIES, 2014-15

Local Maryland police departments have announced key Maryland holiday DUI checkpoints, including sobriety checkpoints as well as strategies for underage alcohol sales.  These checkpoints and strategies will be in operation through January 15, 2015:

1. Sobriety checkpoints at traditional geographic locations with high-volume DUI arrests and citations;
2. Compliance checks of businesses that hold retail alcohol licenses by using underage volunteers to attempt purchases;
3. Plain clothes surveillance by police officers of alcohol-selling businesses to insure no underage sales;
4. Public encouragement of and quick response to telephone calls and other complaints of underage drinking parties; and
5. Sobriety checkpoints near popular alcohol-drinking "spots" such as bars, restaurants, etc.

www.CharlesJeromeWare.com. "Here to make a difference." We can help you. Guaranteed.

Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.

Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.

UBER Ride-Sharing vs. TAXI CAB INDUSTRY: The Battle Begins in Franchising in NEVADA

www.CharlesJeromeWare.com.  "Here to make a difference."
UBER, the up-and-coming ride-sharing service that has major aspirations for thousands of future franchises as well as its first IPO has encountered a legal snag to its ambitions in the State of Nevada, of all places.
As of December 1st, 2014, UBER has temporarily suspended its business operations in Nevada, after a local court issued a preliminary injunction prohibiting its commercial operations statewide.
The district court judge issued the restraining order against UBER after a case was filed to restrain its commercial activities on November 24th, 2014.  UBER arrived in Nevada on October 24th, 2014, and immediately faced problems with the Nevada Taxicab and Transportation Authority from the very beginning.  In its first 30 or so days of operation in Nevada, it was reported that at least 50 UBER-related cars were impounded.
The Transportation Authority and other opposition argue that UBER must follow the same guidelines and restrictions as "other taxi companies."
[The information presented is not designed nor intended to be legal advice.  Charles Jerome Ware, a premier trial and franchise attorney, can be reached at (410) 720-6129 or (410) 730-5016.  His national law practice is headquartered in the Maryland and Washington, D.C. area.]

JUDGE versus JURY DUI TRIALS: Maryland Defense Attorney Charles Ware Discusses The Choices

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Clients frequently ask about the advantages and disadvantages, and defense attorneys are frequently called upon to advise our clients concerning the choices, of judge versus jury DUI trials.
First of all, it can and frequently does matter whether a particular DUI case is litigated before a judge only (aka, a bench trial) or a jury (allegedly of your peers in the community).  It depends, of course, upon a number of factors: the specific judge, composition (race, color, gender, past experiences, ages, et al.) of the jury, factual circumstances of the case, etc. 
A.  In your selection process and thinking, consider the following:

1. when defendants elect jury trials, there’s a tendency for the state to send a more experienced prosecutor against you than if the case were in front of a judge only (bench trial);
2. the rules of evidence are technical and complicated and a judge, resenting the time and trouble caused by jury trials, may insist on a strict following of the rules – something that could be hard to do if you’re representing yourself (pro se);
3. you’re dealing with a jury, 6 to 12 people (usually all drivers) who are probably unhappy to be in court and who may be impatient with a DUI or a reckless driving defendant with a tenuous claim; and
4. a jury trial tends to last longer than a non-jury trial, thus raising legal costs; etc;
5. just as jurors may be unsympathetic to tenuous driving charges, they also may feel victimized by the traffic court system. In other words, if you make a really convincing presentation, a jury is probably more likely than a judge to side with you,
6. a jury trial may be a better choice if you face especially serious consequences from a guilty verdict—like the risk of losing your license or an astronomical increase in your insurance premiums. Because the penalties are so high, it may be better to gamble on the whims of a jury, than rely on a more hardened judge, and
7. jury trials are time-consuming for you, judges, prosecutors, and the police. This means once you ask for one, the system has some incentive to settle your case without going to trial. Deals can take many forms, depending on the situation. For example, if you are charged with speeding and running a stop sign, the prosecutor might offer to drop one of the charges if you plead guilty to the other.
   
   B. Additionally, consider the following:
8. the format of a jury trial is similar to a formal nonjury trial except for one huge difference: You must participate in the process of choosing a jury, and
9. don’t assume that because you demand a jury trial you must be convicted by the vote of 12 unanimous jurors. In traffic cases, some states provide for eight-member, six-member or even four-member juries. And other states allow jurors to reach a verdict on a 5–1 or 10–2 vote. Check with the court clerk for your state’s rules.

www.CharlesJeromeWare.com. "Here to make a difference." We can help you. Guaranteed.
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.

DUI ARRESTS vs. DUI CRASHES: MARYLAND & D.C. "BEST 10" DUI & DWI ATTORNEY CHARLES WARE

www.CharlesJeromeWare.com.  "Here to make a difference."
Question:  Which U.S. holiday statistically has the most recorded DUI's each year?
Answer:  New Year's Eve.
Question:  Which U.S. holiday statistically has the most recorded DUI-related deadly vehicle crashes each year?
Answer:  July 4th.
[http://thelawdictionary.org/article; for informational purposes only]
New Year's Eve is more than just the last day of every year; it is also the holiday with the most arrests made by law enforcement agencies across the United States for suspected drinking and driving. This dubious distinction, however, does not extend to fatal crashes related to driving under the influence (DUI). According to data collected and compiled by the National Highway Traffic Safety Administration (NHTSA) from 2000 to 2009, the Fourth of July is the deadliest U.S. holiday with regard to DUI.
I.  ARRESTS vs. CRASHES
Some holidays yield larger numbers of DUI and DWI arrests and citations across different jurisdictions.  For example, in the Maryland and Washington, D.C. metropolitan area, citations are generally greater on New Year's Eve, but deadly vehicle crashes involving blood alcohol content (BAC) levels higher than the law allows are more likely to occur on July 4th.  Interestingly, the day thanks, "Thanksgiving," has also figured prominently as a day of DUI crashes in recent years.  In fact, Thanksgiving has also steadily edged upward past New Year's Eve in DUI-related deadly crashes.
Three and four-day weekends are also influential in the number of DUI arrests made.
II. Influencing Factors
A great number of DUI arrests made during New Year's Eve are the result of saturation patrols and checkpoints or roadblocks, which may or may not have been divulged to the public beforehand (but should have been by law).
The constitutionality of these roadblocks has been challenged many times; the Supreme Court of the United States has stated that these checkpoints are unconstitutional but lawful because they serve the noble purpose of combating drunk driving. The problem with the Supreme Court's rationale is that roadblocks seem to boost DUI arrest levels but appear to do nothing to reduce the number of fatal car crashes involving alcohol.
It is not surprising that the Fourth of July in Maryland and D.C. is deadlier than New Year's Eve in terms of DUI. This area is populous state and has a strong sense of car culture and plenty of public outdoor areas.
A typical Fourth of July celebration involves grilling and cold beer during a softball game before night falls and the fireworks start. Police resources are more likely to be utilized to prevent public disturbances at crowded events than on highways during the Fourth of July; this may explain the lower DUI arrests but higher rate of fatalities.
III.  ABOUT ATTORNEY CHARLES WARE
www.CharlesJeromeWare.com. "Here to make a difference." We can help you. Guaranteed.
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.

The Lawyer's Mailbox: THE DARK SIDE OF COSMETIC PROCEDURES: MARYLAND & D...

The Lawyer's Mailbox: THE DARK SIDE OF COSMETIC PROCEDURES: MARYLAND & D...: www.CharlesJeromeWare.com .  "Here to make a difference." Cosmetic and plastic surgery procedures are enormously popular in the U...

The Lawyer's Mailbox: D.C. AND MARYLAND COSMETIC SURGERY RISKS--SURGERY ...

The Lawyer's Mailbox: D.C. AND MARYLAND COSMETIC SURGERY RISKS--SURGERY ...: www.CharlesJeromeWare.com .

D.C. AND MARYLAND COSMETIC SURGERY RISKS--SURGERY MALPRACTICE ATTORNEYS

www.CharlesJeromeWare.com.  "Here to make a difference."
All surgical procedures carry some amount of risk.
When a patient undergoes surgery, they are typically informed about the inherent dangers associated with the procedure. In most cases, the surgeon and medical team performing the procedures are highly skilled, properly trained and experienced enough to perform the surgery without committing errors. But not all surgeries are successful, and in some cases, surgical errors lead to permanent injury or even death.
In this article, we'll spotlight a few key issues when it comes to medical malpractice lawsuits over elective or cosmetic surgery.

A. Cosmetic Surgery Injuries and Errors:

It is estimated that there are over two million cosmetic surgeries performed each year in the United States and another 10 million minimally invasive procedures done.
The general risks for all cosmetic procedures include:

1. infection
2. allergic reaction and other complications from anesthesia
3. hematoma or blood clotting under the skin
4. scarring
5. drop in blood pressure
6. necrosis (insufficient supply of oxygen causing death of tissue)
7. nerve damage, and
8. death due to severe complications

B. Popular Elective Surgery Procedures and Risks Include:

(1) Liposuction—The removal of fat deposits often performed on the abdomen, buttocks, hips, thighs, and upper arms. The risks of this procedure may include fluid loss, swelling, bruises, scars, and a numbing of the skin.
(2) Rhinoplasty—The reshaping of the nose to make it bigger, smaller or to narrow the span of the nostrils or change the angle between the nose and upper lip. Specific risks include recurring nosebleeds, difficulty breathing through the nose and numbness in and around the nose.
(3) Breast Augmentation—The enlarging of a woman’s breasts using saline or silicone-filled implants. Implants can break or rupture and some women experience hardening of the breasts which may require additional surgery.
(4) Eyelid Surgery—Drooping upper eyelids and bags below the eyes are corrected by removing extra fat, muscle, and skin. Specific risks include retinal detachment and ectropian (drooping effect causing the lower lid to invert) which both require additional surgery to correct.
(5) Tummy Tuck—The abdomen is flattened and extra fat and skin is removed while abdominal muscles are tightened. Wound healing is extremely slow and permanent numbness of the abdomen may occur.
(6) Face Lift—Excess fat is removed and muscles are tightened before the skin is redraped, resulting in tighter skin on the face and neck. Injury to the nerves that control facial muscles, and skin discoloration may occur.
(7) Dermabrasion—Wrinkles and facial blemishes are rubbed out scraping away the top layers of skin, leaving softer and newer layers. The most common complication is the formation of keloid, a type of abnormal scar that results from excessive collagen production.
(8) Hair Transplants—A surgical procedure in which tiny patches of scalp are removed from the back and sides of the head and implanted in the bald spots in the front and top of the head. The major downside of this procedure is more cosmetic than health-related: the grafted area does not look the way the patient expected it to look.
(9) Breast Reduction—Both men and women may elect to have this procure. A condition called gynecomastia causes some men to develop breasts that resemble women’s. Women may choose to have breast reduction surgery to alleviate discomfort or to achieve a breast size in proportion with their body. The risks may include loss of sensation in the nipples and areola, scarring, the inability to breastfeed, and breasts may not be symmetrical in size and shape after surgery.
(10) Lip Augmentation—The surgeon hollows out a portion of the lip and inserts an implant to give the lips a more full appearance. The specific side effects of lip augmentation include lumping, scarring, numbness, cold sores, and asymmetrical lips.

C. Pre-Operative Evaluation:

Prior to performing any kind of surgery, a doctor should fully evaluate the patient’s current health and medical history, use of medications, alcohol, tobacco and their family history. Surgeons who perform elective surgery should also have a thorough understanding of the patient’s aesthetic goals.

D. Liability of the Doctor:

Like any other health care professional, plastic surgeons must exercise a high degree of medical competency and care when treating patients. Failure to provide the level of skill, care, and treatment that a reasonable plastic surgeon would provide under similar circumstances may rise to the level of medical malpractice. This is defined as treatment that doesn’t meet accepted medical standards, and which causes injury to the patient. By law, a surgeon must disclose the most common known dangers of surgery and the likelihood that they will occur.

E. Filing a Medical Malpractice Lawsuit:

Plastic surgery errors can leave a patient with lifelong complications. The victim may require numerous corrective surgeries and experience disfigurement, lost income, chronic pain and psychological difficulties. To successfully sue for medical malpractice, you must be able to show:

1. the existence of a surgeon/patient relationship
2. that the surgeon failed to act with the level of skill and care that a reasonably competent surgeon would have provided under similar circumstances
3. that the plaintiff suffered injuries as a result of that failure, and that
4. the damages were caused by the breach of duty

F. The Statute of Limitations:

Every state has laws that limit the amount of time a plaintiff has to file a claim for damages. This is known as the statute of limitations, and the law varies in each state. Typically, the timeframe can range from one to five years from the time the medical malpractice occurred, or when the malpractice was discovered.

G. Potential For Jury Prejudice in Cosmetic/Elective Surgery Cases:

While juries are instructed to follow the strict letter of law and available evidence when deliberating a case, it’s human nature to bring bias into the equation. When it comes to elective medical procedures, jurors may bring prejudice against the patient into the deliberation room. “She shouldn’t have done the surgery in the first place”, or “he didn’t need that procedure done”, or “this could have been avoided if she was happy with the body she had”. These are all common views that anyone might have about a patient undergoing plastic surgery. And anyone can become a juror.
The defense in a cosmetic surgery malpractice case is well aware of this fact, and will use it to minimize the pre-trial settlement offers. In these cases, an experienced medical malpractice lawyer can mean all the difference.
[For questions or an initial courtesy consultation, call nationally-respected and premier medical malpractice attorney Charles Jerome Ware at (410) 720-6129 or (410) 730-5016]

THE DARK SIDE OF COSMETIC PROCEDURES: MARYLAND & D.C. AREA

www.CharlesJeromeWare.com.  "Here to make a difference."
Cosmetic and plastic surgery procedures are enormously popular in the United States.  But, they are in fact "surgery", and therefore subject to mistakes, risks, and complications.  And, subject to emotional trauma and distress.
In Italy in 2013, about 16% of cosmetic and plastic surgery procedures had to be done again in order to repair the damage of previous operations.  In about 32% of those cases, the patients returned to the same doctors who operated on them the first time, while the remaining 68% majority chose to opt for a different doctor.  These figures are probably similar for the United States today, and we are talking about real doctors.
Cosmetic and plastic surgery procedures are not just about changing one's physical appearance, they are also ways to improve a person's self-image and increase their confidence.  If a cosmetic or plastic surgery error compromises the patient's procedure, it can leave the victim with a physical handicap and in severe emotional and psychological distress.
Though enormously popular throughout the public --- and frequently chosen by the patient, electively --- cosmetic and plastic surgery procedures can have pitfalls.  It is no accident that cosmetic and plastic surgeons actually pay more generally than the average doctor for malpractice insurance, since accidents can and do happen with these procedures.
Some of those accidents can include:
Excessive scarring. Cosmetic procedures are designed to minimize any evidence that the procedure has been done, but a miscalculation or imprecise work on the doctors part could leave you with visible or painful scars
Nerve damage. While plastic surgery is typically limited to the skin and fat cells beneath, mistakes can do permanent damage to the nerves at the surface, particularly in your face
Anesthesia errors. Your anesthesiologist needs to carefully measure your dosage of anesthetic throughout your procedure, or else you could wake up on the operating table or suffer brain damage from an overdose
Incorrect medications. After your surgery, your doctor will prescribe you medicine to help prevent infection and manage pain, but if they don’t make the right prescription, you can be put in danger or made to suffer unnecessarily
Wrongful death: In the worst case, a surgery gone wrong can put the body through severe trauma, even resulting in the death of a patient
[Charles Jerome Ware is a premier Maryland and D.C.-based medical malpractice attorney.  If you have questions or desire an initial courtesy consultation, call him at (410) 720-6129 or (410) 730-5016]

MARYLAND MARRIAGE, ANNULMENT & DIVORCE ("MMAD")

www.CharlesJeromeWare.com.  "Here to make a difference."
I. Marriage in Maryland is considered a civil contract between the parties and not a sacrament, although the law regards it with a sanctity which is not attributed to any other kind of contract.  The Maryland Court of Appeals reaffirmed this holding and view as far back as 1943, stating "...on the theory that the public has a direct interest in [marriage] as an institution of transcendent importance to social affairs" [Behr v. Behr, 181 Md. 422, 426, 30 A.2d 750 (1943); Fornshill v. Murray, 1 Bland 479, 18 Am. Dec. 344].
The requirement that a religious ceremony be superadded to the civil contract existed in Maryland until 1963.  By statute, marriages may now be performed by the clerk of a circuit court or a deputy clerk appointed by the administrative judge of the circuit court [Dennison v. Dennison, 35 Md. 361, 379 (1872); Maryland Laws 1963, Ch. 406].
II. Annulments are hard-pressed to be granted in the state of Maryland.  An "annulment" differs conceptually from a "divorce" in that a divorce terminates a legal status of marriage, whereas an annulment establishes that a marital status never existed [Sackman v. Sackman, 236 Md. 237, 240, 203 A.2d 903 (1964)].  The rule in Maryland has long been that a marriage procured through fraud may be avoided in the exercise of the inherent power of a court of equity to reform and rescind contracts.  This inherent power refers to the authority of a court to grant an annulment separate and apart from any statute authorizing the granting of a divorce or annulment [Holland v. Holland, 224 Md. 449, 452, 168 A.2d 380 (1961); Towsend v. Morgan, 193 Md. 168, 174, 63 A.2d74 (1949); Family Law Code Ann. §1-201(a)(3), Cts. & Jud. Proc. Code Ann. §3-603(a); comments and casenotes, Annulment Jurisdiction Clarified, 9 Md. L. Rev. 63 (1948)].
III. Divorce
Grounds for Divorce in the State of Maryland:

• Adultery
• Desertion for 12 continuous months
• Separation for 12 continuous months
• Conviction of a felony or a misdemeanor with incarceration for at least one year (under sentence of three or more years)
• Insanity with the spouse institutionalized for at least three years and the insanity is incurable
• Cruelty of treatment
• Excessively vicious conduct

1. A party can file for an absolute divorce on the grounds of adultery or excessively vicious conduct or cruelty of treatment while they are still living together.

2. An uncontested divorce is when a party and their spouse agree to divorce and the issues related to the marriage are resolved. The parties would use the assistance of an attorney to draft a legal document often referred to as a Separation Agreement that memorializes their agreement.

3. A contested divorce means that issues in the case are disputed. A contested divorce can be time consuming, complicated, and expensive. When the issues are resolved, the divorce then becomes uncontested and a final divorce may be obtained.


IV. Adultery

To prove adultery in the State of Maryland, you must prove that your spouse had the “opportunity” and “disposition” to commit adultery. “Opportunity” may be shown through a spouse spending time alone with a significant other in a hotel, residence or other such place and “disposition” may be demonstrated through public display of affection or some form of intimate correspondence.

Adultery is a misdemeanor crime in the State of Maryland, and thus, a party can plead the 5th Amendment and refuse to answer questions about adultery. The two defenses to adultery are condonation or recrimination. The criminal fine for adultery in Maryland is $10.

Adultery may allow for an immediate divorce, without a period of separation.


V. Limited Divorce

A limited divorce grants spouses the right to live separate and apart from one another, but the parties remain Husband and Wife. A limited divorce may be granted by the court for religious or financial purposes when parties do not have the grounds for an absolute divorce.

The Court can decide custody, support, use and possession of the home and personal property at a limited divorce hearing. The Court CANNOT divide the marital property or order the sale of jointly owned real property.


VI. Residential Issues

If the home is a marital home, even if rented or titled in one party’s name, a party cannot force the other party to leave the home as both spouses have equal right to live in the marital residence.

However, under circumstances of domestic violence, the Court can order a party to leave the home for a specified period of time to protect a party and/or child. The Court can also award use and possession of the family home and the contents to the custodial parent and require the other party to leave the premises during the use and possession period.

At the time of divorce, the Court can either order the sale of the home, transfer of the home to one spouse, or award the custodial parental use and possession of the home for up to three years. Upon termination of said use and possession order, the home can be sold or transferred to one party with a buyout of equity.


VII. Filing for Divorce

A party can file for divorce in Maryland if they or their spouse have resided in Maryland for at least one year prior to the filing of the complaint for divorce or if the grounds for divorce occurred in the State of Maryland.

A party must be a resident of Maryland when the complaint is filed. Such residency is determined by the person’s intent, i.e. where they vote, set up their home, have a driver’s license or obtain employment.


VIII. Pendente Lite

“Pendente lite” is a term used in Maryland for “pending litigation” and is a hearing whereby temporary relief can be granted by the Court to spouses while their divorce litigation is pending. The Court may award temporary relief to either of the parties such as visitation, child support, alimony, attorney’s fees, litigation costs, maintenance of health insurance and use and possession of the family home at the hearing. The Court cannot divide marital property or order a sale of assets. A pendente lite order remains in effect until the parties’ reach a final resolution or the trial judge issues a final order.

The common practice in most counties in Maryland is that the pendente lite hearing is heard before a Family Law Master in the Circuit Court, who makes recommendations to a judge. A Family Law Master hears only family law matters. Either party may file exceptions (a form of appeal) if they disagree with the Master's recommendations. Exceptions are ruled upon by a Judge.
[Family law attorney Charles Jerome Ware is headquartered in Columbia, Howard County, Maryland.  For questions or an initial courtesy consultation, contact him at (410) 720-6129 or (410) 730-5016, or email him at charlesjeromeware@msn.com]

FORENSIC SCIENCE AND MARYLAND---MARYLAND "BEST 10" DEFENSE ATTORNEY CHARLES WARE

www.CharlesJeromeWare.com.  "Here to make a difference."
Generally, and generically speaking, "forensic science" is the study, training and application of scientific techniques to matters and issues of law; the goal being to provide new tools and methodologies for determining the facts and discovering the "truth."
The field of "forensic law" includes the use of forensic science in providing accurate, timely, and complete information to all levels of decision-making in the criminal justice system.
The word "forensic," by the way, comes from the Latin word "forensic" which means forum, a public place where, in ancient Roman times, senators and others held debates and judicial proceedings.
In the state of Maryland, a large amount of the forensic science performed in criminal cases is done by the Maryland State Police Forensic Sciences division of the Criminal Investigation Bureau [http://msa.maryland.gov/forensicsciences].  There are a few local police forensic science divisions in police departments such as Anne Arundel County and Montgomery County, as well.  From DNA evidence and fingerprints to auto collision reconstruction, these units investigate occurrences in Maryland.
A recently famous Maryland forensic science went all the way to the Supreme Court of the United States (SCOTUS):
Abstract:     
In Maryland v. King, 133 S. Ct. 1958 (2013), the Supreme Court held that Maryland’s statute requiring DNA samples from individuals arrested for crimes of violence or burglary did not violate the Fourth Amendment. One factor in the Court’s analysis is the extent to which the forensic DNA profiles invade medical privacy. The majority stated that “[t]he argument that the testing at issue in this case reveals any private medical information at all is open to dispute.” With respect to this dispute, eight scientists and two law professors filed a brief in support of neither party seeking to explain what current science tells us about the information conveyed by the thirteen short tandem repeats known as “CODIS markers,” the variations in DNA generally used in the United States for forensic identification. This publication consists of the core of the brief along with a foreword about the continuing legal significance of the issue.

Forensic science is a multidisciplinary subject used for probing crime scenes and gathering evidence to be used in prosecution of offenders in a court of law.  Forensic science techniques are also used to examine compliance with international agreements regarding weapons of mass destruction.  The main areas used in forensic science are biology, chemistry, and medicine, although the science also includes the use of physics, computer science, geology, and psychology.
Forensic scientists examine objects, substances (including blood or drug samples), chemicals (paints, explosives, toxins), tissue traces (hair, skin), or impressions (fingerprints or tidemarks) left at the crime scene.

Forensic science has undergone dramatic progress in recent years, including in the area of DNA collection and analysis and the reconstruction of crime scenes. However, only a very few professionals are equipped with the knowledge necessary to fully apply the potential of science in civil, criminal, and family legal matters.

ABOUT ATTORNEY CHARLES WARE

www.CharlesJeromeWare.com. "Here to make a difference." We can help you. Guaranteed.
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.