Monday, August 31, 2015
The Lawyer's Mailbox: HO. CO. ABCs Of DUI AND DWI LAWS: MARYLAND "BEST 1...
The Lawyer's Mailbox: HO. CO. ABCs Of DUI AND DWI LAWS: MARYLAND "BEST 1...: www.charlesjeromeware.com Here to make a Difference." Premier criminal defense attorney Charles Jerome Ware is Howard ...
HO. CO. ABCs Of DUI AND DWI LAWS: MARYLAND "BEST 10 ATTORNEY" [AIDUIA]
www.charlesjeromeware.com Here to make a Difference."
Premier criminal defense attorney Charles Jerome Ware is Howard County, Maryland-based, nationally-known and respected, and ranked by his many satisfied DUI and DWI clients as well as his legal peers as one of Maryland's "BEST 10 DUI and DWI Attorneys" [AIDUIA]. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He can help you.
Maryland drunk driving laws are strict and complex. It is very important that you contact an experienced DUI and DWI defense attorney as quickly as possible after you are arrested or charged for alleged drunk driving. After your arrest, you have only 10 days from that date of arrest to request a Maryland Motor Vehicle Administration (MVA) hearing with the Office of Administrative Hearings, and pay the $ 150 fee to the Maryland State Treasurer. failure to timely request this administrative hearing can result in automatic suspension of your license .
In Maryland, as in every other state I am aware of, the blood alcohol concentration (BAC) level for a DUI (Driving under the Influence) arrest is 0.08 or higher. A BAC of 0.07 will result in a DWI (Driving while Impaired) arrest.
In general, the minimum drivers license suspension time for a DUI is 45 days. Punishment can be up to a $1000 fine and a year in jail for a first offense DUI. Punishment can be up to $2000 and a 2 year jail sentence for a second DUI offense. A DUI conviction can result in 12 points on your Maryland drivers license record.
For a DWI in Maryland, punishment can range up to a $500 fine and 2 months in jail for a first offense. A second offense can result in a $500 fine and a year in jail. A DWI conviction can also result in 8 points on your Maryland drivers license.
Maryland and every other state has some type of ignition interlock law, in which judges and/or administrative officials require all or some convicted drunk drivers to have installed "interlocks" in their vehicles to analyze their breath and disable the engine if alcohol is detected. In Maryland the ignition interlock is mandatory for the high BAC of more than 0.15 ( if you choose to continue with a temporary license). In the District of Columbia, the ignition interlock is discretionary. In Virginia, it is mandatory for all convictions. In West Virginia, it is mandatory for a 0.15 or higher BAC and for repeat offenders.
Premier criminal defense attorney Charles Jerome Ware is Howard County, Maryland-based, nationally-known and respected, and ranked by his many satisfied DUI and DWI clients as well as his legal peers as one of Maryland's "BEST 10 DUI and DWI Attorneys" [AIDUIA]. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He can help you.
Maryland drunk driving laws are strict and complex. It is very important that you contact an experienced DUI and DWI defense attorney as quickly as possible after you are arrested or charged for alleged drunk driving. After your arrest, you have only 10 days from that date of arrest to request a Maryland Motor Vehicle Administration (MVA) hearing with the Office of Administrative Hearings, and pay the $ 150 fee to the Maryland State Treasurer. failure to timely request this administrative hearing can result in automatic suspension of your license .
In Maryland, as in every other state I am aware of, the blood alcohol concentration (BAC) level for a DUI (Driving under the Influence) arrest is 0.08 or higher. A BAC of 0.07 will result in a DWI (Driving while Impaired) arrest.
In general, the minimum drivers license suspension time for a DUI is 45 days. Punishment can be up to a $1000 fine and a year in jail for a first offense DUI. Punishment can be up to $2000 and a 2 year jail sentence for a second DUI offense. A DUI conviction can result in 12 points on your Maryland drivers license record.
For a DWI in Maryland, punishment can range up to a $500 fine and 2 months in jail for a first offense. A second offense can result in a $500 fine and a year in jail. A DWI conviction can also result in 8 points on your Maryland drivers license.
Maryland and every other state has some type of ignition interlock law, in which judges and/or administrative officials require all or some convicted drunk drivers to have installed "interlocks" in their vehicles to analyze their breath and disable the engine if alcohol is detected. In Maryland the ignition interlock is mandatory for the high BAC of more than 0.15 ( if you choose to continue with a temporary license). In the District of Columbia, the ignition interlock is discretionary. In Virginia, it is mandatory for all convictions. In West Virginia, it is mandatory for a 0.15 or higher BAC and for repeat offenders.
Friday, August 28, 2015
The Lawyer's Mailbox: The Lawyer's Mailbox: HOWARD COUNTY MARYLAND SECON...
The Lawyer's Mailbox: The Lawyer's Mailbox: HOWARD COUNTY MARYLAND SECON...: The Lawyer's Mailbox: HOWARD COUNTY MARYLAND SECOND (2nd) DEGREE ASSAULT... : www.charlesjeromeware.com " Her...
LANDLORD LEAD PAINT DEFENDANTS : SELECTED LEAD PAINT EVENTS --- Charles Jerome Ware, LLC
www.charlesjeromeware.com " Here to make a Difference
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and ranked by his many satisfied landlord clients as well as his legal peers as one of the top lead paint and lead poisoning defense lawyers in the United States. For an initial courtesy consultation, contact Attorney Charles Ware and his staff at (410) 720-6129. They can help you when you are being sued for lead paint and/or lead poisoning.
In about 4000 BC, over 6000 years ago, lead (Pb) became useful in societies, was used plentifully thereafter by the Greeks, Phoenicians, Hebrews, Spaniards and Romans, etc. Lead poisoning ("plumbism") symptoms also appeared, described by the Greek physician Nikander, and were correctly attributed by him to "white lead" (lead carbonate). The Romans were probably the most proficient in their use of in lead cooking utensils, drinking vessels, pipes and other plumbing fixtures, aqueducts, jewelry, food, and even as a sweetener in their wine, etc.
White lead (lead carbonate) has been used in the United States since Colonial times, and it ultimately peaked in its use in 1922.
When lead-based paint was marketed and used before 1978 [the year it was banned for consumer and residential use by the Federal government], it was a legal product in great demand because it was washable and durable. It was repeatedly endorsed by the United States government, state, and local governments, and it was specified for use on government buildings up until the mid-1970s.
In 1951, Baltimore banned the use of lead pigment for use in interior residential properties.
In 1970, the "level of concern" for lead in blood is set at 60 micrograms of lead per deciliter of blood.
In 1971, the Federal Lead-Based Paint Poisoning Prevention Act, 42 USC 4822 (PL 91-965) was enacted, which mandated inspection of Federal housing for lead paint hazards, notification to tenants and hazards abatement. Use of lead-based paint of Federal housing, toys, furniture or cooking utensils was also banned ( 42 USC 4831).
In 1975, the blood lead level of concern was lowered by the Federal government to 30 micrograms per deciliter.
In 1977, the Consumer Product Safety Commission banned the interstate sale of lead-based paint for residential use.
In 1985, the blood lead level of was lowered to 25 micrograms per deciliter.
In 1986, the Safe Drinking Water Act Amendments (PL 99-339) imposed a ban on the use of lead in new plumbing and plumbing repairs.
In 1988, the Lead Contamination Control Act (PL 100-572) amended the Safe Drinking Water Act, requiring testing for lead levels in drinking water in schools, and recalled all water coolers containing lead tanks, valves, or parts.
Also in 1988, Amendments were added to the Lead-Based Paint Poisoning Prevention Act [the McKinney Act] which shifted emphasis from identifying and treating the lead-poisoned child to detection and remediation of lead-based paint. The amendments considered any and all lead-based paint as actionable hazards, regardless of condition, or inaccessibility of painted surfaces to children.
In 1990, the Clean Air Act Amendments of 1990 banned the manufacture of engines that burn leaded fuel after 1992, and the manufacture of leaded gasoline was to end by 1994.
Also in 1990, HUD guidelines for public housing defined paint containing 1 milligram of lead per square centimeter of area as "lead-based paint".
In 1991, the Centers for Disease control (CDC) lowered the lead level of concern to 10 - 15 micrograms per deciliter; and also in 1991, the Food and Drug Administration (FDA) c"called" for a ban on lead foil capsules on wine bottles.
In 1992, the Federal Lead-Based Paint Exposure Reduction Act, commonly known as TITLE 10, was enacted, requiring landlord notices to residential rental tenants, etc.
In 1993, OSHA promulgated regulations covering lead (Pb) safety and exposure limits for construction activities, etc.
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and ranked by his many satisfied landlord clients as well as his legal peers as one of the top lead paint and lead poisoning defense lawyers in the United States. For an initial courtesy consultation, contact Attorney Charles Ware and his staff at (410) 720-6129. They can help you when you are being sued for lead paint and/or lead poisoning.
In about 4000 BC, over 6000 years ago, lead (Pb) became useful in societies, was used plentifully thereafter by the Greeks, Phoenicians, Hebrews, Spaniards and Romans, etc. Lead poisoning ("plumbism") symptoms also appeared, described by the Greek physician Nikander, and were correctly attributed by him to "white lead" (lead carbonate). The Romans were probably the most proficient in their use of in lead cooking utensils, drinking vessels, pipes and other plumbing fixtures, aqueducts, jewelry, food, and even as a sweetener in their wine, etc.
White lead (lead carbonate) has been used in the United States since Colonial times, and it ultimately peaked in its use in 1922.
When lead-based paint was marketed and used before 1978 [the year it was banned for consumer and residential use by the Federal government], it was a legal product in great demand because it was washable and durable. It was repeatedly endorsed by the United States government, state, and local governments, and it was specified for use on government buildings up until the mid-1970s.
In 1951, Baltimore banned the use of lead pigment for use in interior residential properties.
In 1970, the "level of concern" for lead in blood is set at 60 micrograms of lead per deciliter of blood.
In 1971, the Federal Lead-Based Paint Poisoning Prevention Act, 42 USC 4822 (PL 91-965) was enacted, which mandated inspection of Federal housing for lead paint hazards, notification to tenants and hazards abatement. Use of lead-based paint of Federal housing, toys, furniture or cooking utensils was also banned ( 42 USC 4831).
In 1975, the blood lead level of concern was lowered by the Federal government to 30 micrograms per deciliter.
In 1977, the Consumer Product Safety Commission banned the interstate sale of lead-based paint for residential use.
In 1985, the blood lead level of was lowered to 25 micrograms per deciliter.
In 1986, the Safe Drinking Water Act Amendments (PL 99-339) imposed a ban on the use of lead in new plumbing and plumbing repairs.
In 1988, the Lead Contamination Control Act (PL 100-572) amended the Safe Drinking Water Act, requiring testing for lead levels in drinking water in schools, and recalled all water coolers containing lead tanks, valves, or parts.
Also in 1988, Amendments were added to the Lead-Based Paint Poisoning Prevention Act [the McKinney Act] which shifted emphasis from identifying and treating the lead-poisoned child to detection and remediation of lead-based paint. The amendments considered any and all lead-based paint as actionable hazards, regardless of condition, or inaccessibility of painted surfaces to children.
In 1990, the Clean Air Act Amendments of 1990 banned the manufacture of engines that burn leaded fuel after 1992, and the manufacture of leaded gasoline was to end by 1994.
Also in 1990, HUD guidelines for public housing defined paint containing 1 milligram of lead per square centimeter of area as "lead-based paint".
In 1991, the Centers for Disease control (CDC) lowered the lead level of concern to 10 - 15 micrograms per deciliter; and also in 1991, the Food and Drug Administration (FDA) c"called" for a ban on lead foil capsules on wine bottles.
In 1992, the Federal Lead-Based Paint Exposure Reduction Act, commonly known as TITLE 10, was enacted, requiring landlord notices to residential rental tenants, etc.
In 1993, OSHA promulgated regulations covering lead (Pb) safety and exposure limits for construction activities, etc.
The Lawyer's Mailbox: HOWARD COUNTY MARYLAND SECOND (2nd) DEGREE ASSAULT...
The Lawyer's Mailbox: HOWARD COUNTY MARYLAND SECOND (2nd) DEGREE ASSAULT...: www.charlesjeromeware.com " Here to make a Difference." Premier criminal defense attorney Charles Jerome W...
HOWARD COUNTY MARYLAND SECOND (2nd) DEGREE ASSAULT DEFENDANT: Charles Jerome Ware, LLC, A National Law Firm
www.charlesjeromeware.com " Here to make a Difference."
Premier criminal defense attorney Charles Jerome Ware is Howard County-based, nationally-recognized and respected, and consistently ranked by his many satisfied clients as well as his legal peers as one of the top criminal defense lawyers in the United States [AIDUIA]. For an initial courtesy consultation, contact him and his staff of attorneys at (410) 720-6129. He can help you when you have been charged with assault in Howard County and elsewhere in Maryland.
SECOND (2nd) DEGREE ASSAULT IN HOWARD COUNTY, MARYLAND
Second (2nd) degree assault is a very popular criminal charge in Howard County as well as through.out the State of Maryland. One of the reasons for its frequent use is the fact that it is such a broad crime that includes a wide variety of factual circumstances.
Maryland's second degree assault law is found in Maryland Code 2010, Criminal Law, Title 3 - Other Crimes Against The Person, Subtitle 2 - Assault, Reckless Endangerment, and Related Crimes, Section 3 -203 - Assault in the Second Degree [ Annotated Code 1957, art. 27, section 12A; 2002, ch. 26, section 26, section 2; 2005, ch. 283; 2006, ch. 305; 2010, chs. 264,265 ].
Generally under Maryland law, a person is considered guilty of assault in the second degree if he or she is found to have caused " physical injury" to another person. Physical injury means impairment of physical condition, including minor injuries. Second degree assault also includes placing a person in reasonable fear of imminent bodily harm. The maximum penalty for second degree assault is 10 years imprisonment and a fine of $2500.00.
There are three (3) specifically different types of second degree assault in Maryland:
(a) Intent to frighten assault;
(b) Attempted battery assault; and
(c) Battery.
In order to prove "intent to frighten" assault, the State must provide beyond a reasonable doubt that the defendant committed the act with an intent to place the other person in fear of either immediate physical offensive contact or physical harm; that the defendant had the ability, at the time of the incident, to bring about offensive physical contact or physical harm; and that the other person reasonably feared immediate offensive physical contact or physical harm.
If there is sufficient evidence to support a claim of self-defense, the State must also prove that the defendant's actions were not legally justified.
"Attempted battery "assault can occur when a person attempts to cause offensive physical contact or physical harm to another person. Here, the State must prove beyond a reasonable doubt that the defendant actually tried to cause immediate offensive contact or physical harm to the other person; and that the defendant intended to bring about offensive physical contact or physical harm.
If there is sufficient evidence to support a claim of self-defense, the State must also prove that the defendant's actions were not legally justified. Consent would also be a defense.
"Battery" as a second degree assault can be defined as actually causing physical contact with another person. A conviction here can be proved by the State if it shows that the defendant caused offensive physical contact or physical harm to the other person; and that the contact was the result of an intentional or reckless act of the defendant and was not accidental. Again, self-defense can be a good defense here.
Lack of evidence, of course, is always a good defense.
Premier criminal defense attorney Charles Jerome Ware is Howard County-based, nationally-recognized and respected, and consistently ranked by his many satisfied clients as well as his legal peers as one of the top criminal defense lawyers in the United States [AIDUIA]. For an initial courtesy consultation, contact him and his staff of attorneys at (410) 720-6129. He can help you when you have been charged with assault in Howard County and elsewhere in Maryland.
SECOND (2nd) DEGREE ASSAULT IN HOWARD COUNTY, MARYLAND
Second (2nd) degree assault is a very popular criminal charge in Howard County as well as through.out the State of Maryland. One of the reasons for its frequent use is the fact that it is such a broad crime that includes a wide variety of factual circumstances.
Maryland's second degree assault law is found in Maryland Code 2010, Criminal Law, Title 3 - Other Crimes Against The Person, Subtitle 2 - Assault, Reckless Endangerment, and Related Crimes, Section 3 -203 - Assault in the Second Degree [ Annotated Code 1957, art. 27, section 12A; 2002, ch. 26, section 26, section 2; 2005, ch. 283; 2006, ch. 305; 2010, chs. 264,265 ].
Generally under Maryland law, a person is considered guilty of assault in the second degree if he or she is found to have caused " physical injury" to another person. Physical injury means impairment of physical condition, including minor injuries. Second degree assault also includes placing a person in reasonable fear of imminent bodily harm. The maximum penalty for second degree assault is 10 years imprisonment and a fine of $2500.00.
There are three (3) specifically different types of second degree assault in Maryland:
(a) Intent to frighten assault;
(b) Attempted battery assault; and
(c) Battery.
In order to prove "intent to frighten" assault, the State must provide beyond a reasonable doubt that the defendant committed the act with an intent to place the other person in fear of either immediate physical offensive contact or physical harm; that the defendant had the ability, at the time of the incident, to bring about offensive physical contact or physical harm; and that the other person reasonably feared immediate offensive physical contact or physical harm.
If there is sufficient evidence to support a claim of self-defense, the State must also prove that the defendant's actions were not legally justified.
"Attempted battery "assault can occur when a person attempts to cause offensive physical contact or physical harm to another person. Here, the State must prove beyond a reasonable doubt that the defendant actually tried to cause immediate offensive contact or physical harm to the other person; and that the defendant intended to bring about offensive physical contact or physical harm.
If there is sufficient evidence to support a claim of self-defense, the State must also prove that the defendant's actions were not legally justified. Consent would also be a defense.
"Battery" as a second degree assault can be defined as actually causing physical contact with another person. A conviction here can be proved by the State if it shows that the defendant caused offensive physical contact or physical harm to the other person; and that the contact was the result of an intentional or reckless act of the defendant and was not accidental. Again, self-defense can be a good defense here.
Lack of evidence, of course, is always a good defense.
The Lawyer's Mailbox: ARRESTADO POR BORRACHO DE CONDUCCION EN HOWARD COU...
The Lawyer's Mailbox: ARRESTADO POR BORRACHO DE CONDUCCION EN HOWARD COU...: www.charlesjeromeware.com "Aqui para hacer una diferencia." El abogado defensor esta en el puesto, uno de los 10 mejores Dru...
ARRESTADO POR BORRACHO DE CONDUCCION EN HOWARD COUNTY AND MARYLAND ? LLAMANOS PODEMOS AYUDARLE !!!
www.charlesjeromeware.com "Aqui para hacer una diferencia."
El abogado defensor esta en el puesto, uno de los 10 mejores Drunk Driving Abogados en Maryland por sus muchos clientes y sus companeros abogados; asi como el Instituto Americano de DUI y DWI Abogados [AIDUIA]. Para una consulta gratis, le llame a (410) 730-5016 o (410) 720-6129. Podems ayudarle.
El abogado defensor esta en el puesto, uno de los 10 mejores Drunk Driving Abogados en Maryland por sus muchos clientes y sus companeros abogados; asi como el Instituto Americano de DUI y DWI Abogados [AIDUIA]. Para una consulta gratis, le llame a (410) 730-5016 o (410) 720-6129. Podems ayudarle.
The Lawyer's Mailbox: DUI ISSUES FOR WOMEN --- HO.CO. MARYLAND : "BEST 1...
The Lawyer's Mailbox: DUI ISSUES FOR WOMEN --- HO.CO. MARYLAND : "BEST 1...: www.charlesjeromeware.com "Here to make a Difference." Premier defense attorney Charles Jerome Ware is Maryland...
DUI ISSUES FOR WOMEN --- HO.CO. MARYLAND : "BEST 10 DUI & DWI ATTORNEYS"
www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and ranked by his mant satisfied clients as well as his legal peers as one of Maryland's "BEST 10 DUI and DWI ATTORNEYS " [AIDUIA]. For an initial courtesy consultation, contact drunk driving defense attorney Charles Ware at (410) 720-6129. He can help you when you have been arrested and charged with DUI or DWI.
It should be no secret now that DUI and DWI enforcement in Maryland and throughout the United States is biased against women. From the field sobriety tests (FSTs) to breathalyzer tests, women are discriminated against in terms of "passing" these hurdles.
Women's bodies are physiologically different from men. These physiological differences cause women to not perform as well as men when being tested for signs of inebriation. Further, just about all of these manual tests (FSTs) as well as breathalyzer devices are allegedly designed to test the so-called "average person" (meaning the "average male'). Problem is: there is no such person as the "average person", and no such male as "the average male".
If you are awoman who has been arrested and charged with drunk driving in Howard County or anywhere in the State of Maryland, you need a DUI and DWI defense attorney who understands these complex issues and the unique defenses that are available to women. Call us; we can help you.
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and ranked by his mant satisfied clients as well as his legal peers as one of Maryland's "BEST 10 DUI and DWI ATTORNEYS " [AIDUIA]. For an initial courtesy consultation, contact drunk driving defense attorney Charles Ware at (410) 720-6129. He can help you when you have been arrested and charged with DUI or DWI.
It should be no secret now that DUI and DWI enforcement in Maryland and throughout the United States is biased against women. From the field sobriety tests (FSTs) to breathalyzer tests, women are discriminated against in terms of "passing" these hurdles.
Women's bodies are physiologically different from men. These physiological differences cause women to not perform as well as men when being tested for signs of inebriation. Further, just about all of these manual tests (FSTs) as well as breathalyzer devices are allegedly designed to test the so-called "average person" (meaning the "average male'). Problem is: there is no such person as the "average person", and no such male as "the average male".
If you are awoman who has been arrested and charged with drunk driving in Howard County or anywhere in the State of Maryland, you need a DUI and DWI defense attorney who understands these complex issues and the unique defenses that are available to women. Call us; we can help you.
Thursday, August 27, 2015
The Lawyer's Mailbox: DUI & DWI LAWS : HOWARD COUNTY, MD., D.C. & BEYOND...
The Lawyer's Mailbox: DUI & DWI LAWS : HOWARD COUNTY, MD., D.C. & BEYOND...: www.charlesjeromeware.com "Here to make a Difference." Premier defense attorney Charles Jerome Ware is Colum...
DUI & DWI LAWS : HOWARD COUNTY, MD., D.C. & BEYOND : "MD. BEST 10 ATTORNEY" [AIDUIA]
www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Columbia-based, nationally-recognized and respected, and ranked by his many satisfied clients as well as his legal peers as one of Maryland's "BEST 10 DUI and DWI ATTORNEYS" [AIDUIA]. For an initial courtesy consultation, contact premier defense attorney Charles Ware at (410) 720-6129.
All local jurisdictions --- including Howard County, and states --- including Maryland, define driving with a blood alcohol concentration (BAC) at or above 0.08 percent as a crime. Specific laws and penalties, however, vary considerably from state to state.
For example, 42 states ---including Maryland, and the District of Columbia, the Northern Marianda Islands and the Virgin Islands have administrative license suspensions (ALSs) on the first DUI or DWI offense. In Maryland, that ALS is at least 45 days. In D.C. it is 2 to 90 days or until disposition of the case.
Just about all states have some type of ignition interlock law, in which judges and agencies require all or some convicted drunk drivers to install interlocks in their cars to analyze their breath and disable the engine if alcohol is detected. Twenty states ( and 4 California counties) have made ignition interlocks mandatory or highly incentivized for all convicted drunk drivers, even first-time offenders.
D.C.'s interlock ignition program is discretionary. Maryland's program is mandatory for high BAC (greater than 0.15) convictions.
Federal law mandates that states adopt "open container" and "repeat offender" laws in compliance with specific requirements. Otherwise, portions of the state's surface transportation funding is transferred to the state DOT or State Highway Safety Office. Both D.C. and Maryland have both "open container" as well as "repeat offender" laws.
Alcohol exclusion laws allow insurance companies to deny payment for treatment of drunk drivers' injuries, but they have limited doctors' abilities to diagnose problems and recommend treatment. Some states have repealed these laws.
Drunk driving is taken very seriously by law enforcement, judicial and administrative agencies in all states. Here, at Charles Jerome Ware, LLC, we too --- in turn-- take your defense against these charges very seriously. You have a lot to lose with a drunk driving conviction. Let us help you.
Premier defense attorney Charles Jerome Ware is Columbia-based, nationally-recognized and respected, and ranked by his many satisfied clients as well as his legal peers as one of Maryland's "BEST 10 DUI and DWI ATTORNEYS" [AIDUIA]. For an initial courtesy consultation, contact premier defense attorney Charles Ware at (410) 720-6129.
All local jurisdictions --- including Howard County, and states --- including Maryland, define driving with a blood alcohol concentration (BAC) at or above 0.08 percent as a crime. Specific laws and penalties, however, vary considerably from state to state.
For example, 42 states ---including Maryland, and the District of Columbia, the Northern Marianda Islands and the Virgin Islands have administrative license suspensions (ALSs) on the first DUI or DWI offense. In Maryland, that ALS is at least 45 days. In D.C. it is 2 to 90 days or until disposition of the case.
Just about all states have some type of ignition interlock law, in which judges and agencies require all or some convicted drunk drivers to install interlocks in their cars to analyze their breath and disable the engine if alcohol is detected. Twenty states ( and 4 California counties) have made ignition interlocks mandatory or highly incentivized for all convicted drunk drivers, even first-time offenders.
D.C.'s interlock ignition program is discretionary. Maryland's program is mandatory for high BAC (greater than 0.15) convictions.
Federal law mandates that states adopt "open container" and "repeat offender" laws in compliance with specific requirements. Otherwise, portions of the state's surface transportation funding is transferred to the state DOT or State Highway Safety Office. Both D.C. and Maryland have both "open container" as well as "repeat offender" laws.
Alcohol exclusion laws allow insurance companies to deny payment for treatment of drunk drivers' injuries, but they have limited doctors' abilities to diagnose problems and recommend treatment. Some states have repealed these laws.
Drunk driving is taken very seriously by law enforcement, judicial and administrative agencies in all states. Here, at Charles Jerome Ware, LLC, we too --- in turn-- take your defense against these charges very seriously. You have a lot to lose with a drunk driving conviction. Let us help you.
The Lawyer's Mailbox: LEAD (Pb) AND THE BALTIMORE ENVIRONMENT : LEAD DEF...
The Lawyer's Mailbox: LEAD (Pb) AND THE BALTIMORE ENVIRONMENT : LEAD DEF...: www.charlesjeromeware.com " Here to make a Difference." Premier defense attorney Charles Jerome Ware is Maryland-based...
LEAD (Pb) AND THE BALTIMORE ENVIRONMENT : LEAD DEFENSE ATTORNEY CHARLES WARE
www.charlesjeromeware.com " Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally recognized and respected, and ranked by his many satisfied landlord clients as well as his legal peers as one of the top lead paint and lead poisoning defense lawyers in the United States. For an initial courtesy consultation, contact defense attorney Charles Ware at (410) 720-6129. He and his colleagues at Charles Jerome Ware, LLC can help you when you are being sued in a lead paint or lead poisoning case.
Lead (Pb) has been used so widely for over 6,000 years around the world, and since Colonial times in the Baltimore geographic area, that it occurs and can be found almost everywhere. It is reported that more than 10 million metric tons of lead residue currently exists in earth's environment. Lead does not dissolve in water, does not dissipate, nor decay, nor burn. This stuff just lasts ... and lasts ,,, and lasts. It is accepted knowledge that lead ingested or inhaled in sufficient quantity --- particularly in children under the age of 6 years --- can be very harmful to the human body.
Most of the lead poisoning claims and lawsuits brought in the Baltimore area allege physical harm from "interrupted" lead paint ( chipped, peeled, dust, etc.) that has been ingested or inhaled from pre-1978 built rental apartments and houses. But, this is far from being the sole source of lead (Pb) poisoning in Baltimore. Other sources can include: (1) the air we breathe, (2) dust, (3) dirt(soil), (4)drinking water, (5) pipes and (6) plumbing fixtures, (7)food and (8) drinks, (9) toys, (10) furniture, (11) job sites, (12) jobs, (13) industrial sites, (14) playgrounds, (15) sandlots, (16) commercial buildings, (17) ceramics,(18) pottery,(19) jewelry,(20) cosmetics, (21) hobbies, (22) clothes, etc.
All are possible sources of toxic lead in the Baltimore environment.
Believe it or not, lead paint for residential use was once acceptable in our society. Before it was outlawed for consumer(including residential) use by the Federal government in 1978, lead-based paint was a legal product in great demand because it was washable and durable. It was repeatedly endorsed by the United States government, Maryland and other states, and local governments, and specified for wide use on government buildings until the mid-1970s. Its use peaked in 1922, and by 1940 the use of white lead pigmented paints for interiors was on the way out.
In 1951, Baltimore became the very first jurisdiction in the United States to ban the use of lead pigment in interior residential paint. The Federal government did not follow with its ban until 1978.
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally recognized and respected, and ranked by his many satisfied landlord clients as well as his legal peers as one of the top lead paint and lead poisoning defense lawyers in the United States. For an initial courtesy consultation, contact defense attorney Charles Ware at (410) 720-6129. He and his colleagues at Charles Jerome Ware, LLC can help you when you are being sued in a lead paint or lead poisoning case.
Lead (Pb) has been used so widely for over 6,000 years around the world, and since Colonial times in the Baltimore geographic area, that it occurs and can be found almost everywhere. It is reported that more than 10 million metric tons of lead residue currently exists in earth's environment. Lead does not dissolve in water, does not dissipate, nor decay, nor burn. This stuff just lasts ... and lasts ,,, and lasts. It is accepted knowledge that lead ingested or inhaled in sufficient quantity --- particularly in children under the age of 6 years --- can be very harmful to the human body.
Most of the lead poisoning claims and lawsuits brought in the Baltimore area allege physical harm from "interrupted" lead paint ( chipped, peeled, dust, etc.) that has been ingested or inhaled from pre-1978 built rental apartments and houses. But, this is far from being the sole source of lead (Pb) poisoning in Baltimore. Other sources can include: (1) the air we breathe, (2) dust, (3) dirt(soil), (4)drinking water, (5) pipes and (6) plumbing fixtures, (7)food and (8) drinks, (9) toys, (10) furniture, (11) job sites, (12) jobs, (13) industrial sites, (14) playgrounds, (15) sandlots, (16) commercial buildings, (17) ceramics,(18) pottery,(19) jewelry,(20) cosmetics, (21) hobbies, (22) clothes, etc.
All are possible sources of toxic lead in the Baltimore environment.
Believe it or not, lead paint for residential use was once acceptable in our society. Before it was outlawed for consumer(including residential) use by the Federal government in 1978, lead-based paint was a legal product in great demand because it was washable and durable. It was repeatedly endorsed by the United States government, Maryland and other states, and local governments, and specified for wide use on government buildings until the mid-1970s. Its use peaked in 1922, and by 1940 the use of white lead pigmented paints for interiors was on the way out.
In 1951, Baltimore became the very first jurisdiction in the United States to ban the use of lead pigment in interior residential paint. The Federal government did not follow with its ban until 1978.
The Lawyer's Mailbox: BALTIMORE HISTORY OF LEAD PAINT & LEAD POISONING :...
The Lawyer's Mailbox: BALTIMORE HISTORY OF LEAD PAINT & LEAD POISONING :...: www.charlesjeromeware.com "Here to make a Difference." Premier defense attorney Charles Jerome Ware is Maryla...
BALTIMORE HISTORY OF LEAD PAINT & LEAD POISONING : LANDLORD DEFENSE ATTORNEY CHARLES WARE
www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally respected, and recognized by his many satisfied landlord clients as well as his legal peers as one of the top lead paint and lead poisoning defense lawyers in the United States. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you when you are being sued for lead paint or lead poisoning.
Many people believe, and it could be argued, that lead (Pb) is everywhere in Baltimore --- not just in the old lead-based paint of pre-1978 built apartments and houses in the city. Much of this is true; lead(Pb) in Baltimore can be found in the air we breathe, drinking water, pipes and plumbing fixtures, dust, soil, playgrounds, sandlots,, food and drinks, toys, furniture cosmetics, pottery, ceramic, candies from Mexico, commercial buildings, industrial sites, jobs and job sites, hobbies, jewelry, etc. All of the above are possible sources of toxic lead. Lead is ubiquitous in Baltimore; and it lasts, and lasts, and lasts.
Lead poisoning ("Plumbism") existed and was already known in Antiquity but was forgotten, at least in the literature, until the end of the Middle Ages, where it was mentioned sporadically. In the 19th century this disease, which reached epidemic proportions during the period of industrialization, was "rediscovered.' Lead has been known and used in substantial quantities by mankind for over 6,000 years--- including civilizations of Greece, Egypt, Spain, Rome, Hebrews, Phoenicians, etc. Lead does not dissolve in water, does not dissipate, nor decay, nor burn. This "heavy" element (Atomic Number 82) just lasts ...and lasts ... and lasts. And, in sufficient quantity, can be very harmful to the body; particularly in children under the age of 6 years.
The use of lead paint in the Baltimore probably began during Colonial times.
In 1951, Baltimore was the very first jurisdiction in the United States to ban the use of lead pigment in interior paint in Baltimore housing.
In 1955, the paint manufacturing industry, working with public health officials and organizations, adopted a voluntary national standard to prohibit, in effect, the use of lead pigments in interior residential paints.
Through the 1950s and 1960s, the use of exterior lead-based paint declined significantly, and ended by the early 1970s.
In 1971, the Federal Lead Poisoning Prevention Act was passed.
In 1978, the Federal government banned consumer (including residential) uses of lead paint.
As the health hazards of lead poisoning became more and more apparent during the 1990s, the Federal government was forced to act more forcefully.
In 1992, the Federal Residential Lead-Based Paint Hazard Reduction Act, commonly known as TITLE X, was passed in an attempt to reduce the number of lead poisoning victims in the United States.
TITLE X is enforced by the U.S. Environmental Protection Agency (EPA) and it enforces regulations related to TITLE X to residential rental property that were constructed before to 1978.
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally respected, and recognized by his many satisfied landlord clients as well as his legal peers as one of the top lead paint and lead poisoning defense lawyers in the United States. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you when you are being sued for lead paint or lead poisoning.
Many people believe, and it could be argued, that lead (Pb) is everywhere in Baltimore --- not just in the old lead-based paint of pre-1978 built apartments and houses in the city. Much of this is true; lead(Pb) in Baltimore can be found in the air we breathe, drinking water, pipes and plumbing fixtures, dust, soil, playgrounds, sandlots,, food and drinks, toys, furniture cosmetics, pottery, ceramic, candies from Mexico, commercial buildings, industrial sites, jobs and job sites, hobbies, jewelry, etc. All of the above are possible sources of toxic lead. Lead is ubiquitous in Baltimore; and it lasts, and lasts, and lasts.
Lead poisoning ("Plumbism") existed and was already known in Antiquity but was forgotten, at least in the literature, until the end of the Middle Ages, where it was mentioned sporadically. In the 19th century this disease, which reached epidemic proportions during the period of industrialization, was "rediscovered.' Lead has been known and used in substantial quantities by mankind for over 6,000 years--- including civilizations of Greece, Egypt, Spain, Rome, Hebrews, Phoenicians, etc. Lead does not dissolve in water, does not dissipate, nor decay, nor burn. This "heavy" element (Atomic Number 82) just lasts ...and lasts ... and lasts. And, in sufficient quantity, can be very harmful to the body; particularly in children under the age of 6 years.
The use of lead paint in the Baltimore probably began during Colonial times.
In 1951, Baltimore was the very first jurisdiction in the United States to ban the use of lead pigment in interior paint in Baltimore housing.
In 1955, the paint manufacturing industry, working with public health officials and organizations, adopted a voluntary national standard to prohibit, in effect, the use of lead pigments in interior residential paints.
Through the 1950s and 1960s, the use of exterior lead-based paint declined significantly, and ended by the early 1970s.
In 1971, the Federal Lead Poisoning Prevention Act was passed.
In 1978, the Federal government banned consumer (including residential) uses of lead paint.
As the health hazards of lead poisoning became more and more apparent during the 1990s, the Federal government was forced to act more forcefully.
In 1992, the Federal Residential Lead-Based Paint Hazard Reduction Act, commonly known as TITLE X, was passed in an attempt to reduce the number of lead poisoning victims in the United States.
TITLE X is enforced by the U.S. Environmental Protection Agency (EPA) and it enforces regulations related to TITLE X to residential rental property that were constructed before to 1978.
Wednesday, August 26, 2015
The Lawyer's Mailbox: HO. CO. MARYLAND DRUNK DRIVING DEFENSE (HCMDDD): "...
The Lawyer's Mailbox: HO. CO. MARYLAND DRUNK DRIVING DEFENSE (HCMDDD): "...: www.charlesjeromeware.com " Here to make a Difference." Premier defense attorney Charles Jerome Ware i...
HO. CO. MARYLAND DRUNK DRIVING DEFENSE (HCMDDD): "BEST 10 DUI & DWI ATTORNEY" [AIDUIA]
www.charlesjeromeware.com " Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Columbia and Ellicott City-based, and nationally-recognized and respected for his very successful DUI and DWI defense law practice. Defense attorney Charles Ware is ranked by his many satisfied clients as well as his legal peers as one of the "BEST 10 DUI and DWI ATTORNEYS in MARYLAND" [AIDUIA]. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you when you are arrested or charged with drunk driving anywhere in the State of Maryland.
Drunk Driving is treated very seriously by the judicial and administrative systems in Maryland. At our law offices we also take these cases very seriously. We strongly recommend that you do too.
Driving under the influence (DUI) of alcohol, or "drunk driving" as it is commonly called, is one of the most frequently committed crimes in the United States. Yet, it is all too commonly committed by non-criminals; that is, by otherwise decent and respectable people who have never been in trouble with the law previously. Consequently, legal representation of these defendants is often attempted by well-meaning attorneys who are simply insufficiently versed in criminal law and drunk driving issues. Typically, the defendant's business or family lawyer will undertake to represent him or her as a " favor." Big mistake. Drunk driving, the clueless lawyer tells him or herself, is merely an exaggerated traffic offense; and not as serious or complex as a "real" crime. Therefore, it cannot require any particular legal expertise. Not true.
Any client charged with drunk driving, and any lawyer representing a client charged with drunk driving, should be aware of the following facts:
(1) Though it is one of the most common of criminal offenses, drunk driving is one of the most complex offenses to understand and defend against properly.
(2)The stakes for the defendant if a drunk driving case are high; and even higher in the long term than for most other crimes.
(3) A uniquely contrived system of legal standards and procedures, devices and methodologies, exist for law enforcement in drunk driving cases that is geared to facilitate a conviction of the defendant.
All of the above factors demand the prudent defendant to invest wisely and secure competent and experienced legal counsel for his or her defense.
With this having been said, it is my experience over the past 35 years of successfully representing DUI and DWI clients that, depending upon the facts of each case, several defenses can exist, including among others:
(1) Necessity;
(2) Entrapment;
(3) Mistake of fact:
(4) Duress;
(5) Involuntary intoxication;
(6) Improper stop by police;
(7) Improper implementation of field sobriety tests;
(8) Improper implementation of breath tests; and many more.
Premier defense attorney Charles Jerome Ware is Columbia and Ellicott City-based, and nationally-recognized and respected for his very successful DUI and DWI defense law practice. Defense attorney Charles Ware is ranked by his many satisfied clients as well as his legal peers as one of the "BEST 10 DUI and DWI ATTORNEYS in MARYLAND" [AIDUIA]. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you when you are arrested or charged with drunk driving anywhere in the State of Maryland.
Drunk Driving is treated very seriously by the judicial and administrative systems in Maryland. At our law offices we also take these cases very seriously. We strongly recommend that you do too.
Driving under the influence (DUI) of alcohol, or "drunk driving" as it is commonly called, is one of the most frequently committed crimes in the United States. Yet, it is all too commonly committed by non-criminals; that is, by otherwise decent and respectable people who have never been in trouble with the law previously. Consequently, legal representation of these defendants is often attempted by well-meaning attorneys who are simply insufficiently versed in criminal law and drunk driving issues. Typically, the defendant's business or family lawyer will undertake to represent him or her as a " favor." Big mistake. Drunk driving, the clueless lawyer tells him or herself, is merely an exaggerated traffic offense; and not as serious or complex as a "real" crime. Therefore, it cannot require any particular legal expertise. Not true.
Any client charged with drunk driving, and any lawyer representing a client charged with drunk driving, should be aware of the following facts:
(1) Though it is one of the most common of criminal offenses, drunk driving is one of the most complex offenses to understand and defend against properly.
(2)The stakes for the defendant if a drunk driving case are high; and even higher in the long term than for most other crimes.
(3) A uniquely contrived system of legal standards and procedures, devices and methodologies, exist for law enforcement in drunk driving cases that is geared to facilitate a conviction of the defendant.
All of the above factors demand the prudent defendant to invest wisely and secure competent and experienced legal counsel for his or her defense.
With this having been said, it is my experience over the past 35 years of successfully representing DUI and DWI clients that, depending upon the facts of each case, several defenses can exist, including among others:
(1) Necessity;
(2) Entrapment;
(3) Mistake of fact:
(4) Duress;
(5) Involuntary intoxication;
(6) Improper stop by police;
(7) Improper implementation of field sobriety tests;
(8) Improper implementation of breath tests; and many more.
Monday, August 24, 2015
"TOP 10 " HO. CO. DIVORCE ATTORNEY : MARYLAND DIVORCE SIMPLIFIED
www.charlesjeromeware.com " Here to make a Divorce ".
Premier divorce and family law attorney Charles Ware is ranked and recognized by both his many satisfied clients as well as his legal peers as a "TOP 10" Divorce and Family Law Attorney in Howard County [ see, thePRIMEBUYERSREPORT]. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you.
Maryland divorce is not simple, but we specialize in simplifying this traumatic and stressful process for our clients. When a marriage comes to an end, spouses and their children (if any) frequently face
tremendous stress over the new living arrangements, different schedules, property, etc., and, yes, money.
But first, let me explain exactly what "marriage" is in Maryland. Under Maryland law, marriage is a civil contract between two people that is recognized pursuant to Maryland law. Maryland does not recognize common-law marriage. A "divorce" is a lawful ending of a marriage which is ordered by a Maryland circuit court.
In Maryland, there are two types of divorce: (1) absolute divorce and (2)limited divorce.
An absolute divorce is a permanent ending of the marriage. If the court grants an absolute divorce, the final order of the divorce is set forth in a "divorce decree" or "order". A limited divorce is the equivalent of a legal separation, and does not end the marriage. It is merely partial and temporary relief.
< see more in these blogs>
Premier divorce and family law attorney Charles Ware is ranked and recognized by both his many satisfied clients as well as his legal peers as a "TOP 10" Divorce and Family Law Attorney in Howard County [ see, thePRIMEBUYERSREPORT]. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you.
Maryland divorce is not simple, but we specialize in simplifying this traumatic and stressful process for our clients. When a marriage comes to an end, spouses and their children (if any) frequently face
tremendous stress over the new living arrangements, different schedules, property, etc., and, yes, money.
But first, let me explain exactly what "marriage" is in Maryland. Under Maryland law, marriage is a civil contract between two people that is recognized pursuant to Maryland law. Maryland does not recognize common-law marriage. A "divorce" is a lawful ending of a marriage which is ordered by a Maryland circuit court.
In Maryland, there are two types of divorce: (1) absolute divorce and (2)limited divorce.
An absolute divorce is a permanent ending of the marriage. If the court grants an absolute divorce, the final order of the divorce is set forth in a "divorce decree" or "order". A limited divorce is the equivalent of a legal separation, and does not end the marriage. It is merely partial and temporary relief.
< see more in these blogs>
Saturday, August 22, 2015
The Lawyer's Mailbox: BALTIMORE & MARYLAND ABATEMENT OF LEAD PAINT 101 :...
The Lawyer's Mailbox: BALTIMORE & MARYLAND ABATEMENT OF LEAD PAINT 101 :...: www.charlesjeromeware.com " Here to make a DIFFERENCE." Premier defense attorney Charles Jerome Ware is Maryland-ba...
BALTIMORE & MARYLAND ABATEMENT OF LEAD PAINT 101 : LANDLORD DEFENSE ATTORNEY UPDATE
www.charlesjeromeware.com " Here to make a DIFFERENCE."
Premier defense attorney Charles Jerome Ware is Maryland-based, and nationally recognized and respected by his many satisfied landlord clients as well as his legal peers as one of the top lead paint and lead poisoning lawyers in the United States, For an initial courtesy consultation, contact defense attorney Charles Ware at (410) 720-6129. He can help you when you are being sued for lead paint or lead poisoning .
It is not unusual for a small-operation residential landlord to not fully understand or comprehend the gravity and responsibilities of lead paint removal and abatement. The following summarizes this issue:
Under Maryland law, lead paint abatement is " a set of measures designed to eliminate or reduce lead-based paint hazards" [www.mde.state.md.us/lead paint abatement].
Anyone who provides a lead paint abatement service or lead removal in Maryland must be certified or accredited by the Maryland Department of the Environment (MDE). An MDE-certified or accredited contractor must follow outlined in Maryland state regulations. Anyone who removes lead paint, or who conducts any other maintenance or home improvement activity which creates a hazard by disturbing lead paint should follow the safe practices which are included the state's regulations [see, COMAR 26.16.01].
The Federal Pre-Renovation Lead Information Rule, also known as section 406 (b) of the Toxic Substances Control Act, requires people performing renovation for compensation in a pre-1978 home to distribute a lead hazard information pamphlet prior to commencing the renovation.
Although Maryland lead law does not cover contractors doing maintenance or renovation work in an owner-occupied pre-1978 built dwelling unit, the contractors need to exercise safe lead work practices since they can generate lead contaminated dust. The contractor whose work causes lead poisoning may not be subject to enforcement action by MDE, but he or she may be judged as liable in a lawsuit for damages to the health of any person lead poisoned in the residential unit.
Premier defense attorney Charles Jerome Ware is Maryland-based, and nationally recognized and respected by his many satisfied landlord clients as well as his legal peers as one of the top lead paint and lead poisoning lawyers in the United States, For an initial courtesy consultation, contact defense attorney Charles Ware at (410) 720-6129. He can help you when you are being sued for lead paint or lead poisoning .
It is not unusual for a small-operation residential landlord to not fully understand or comprehend the gravity and responsibilities of lead paint removal and abatement. The following summarizes this issue:
Under Maryland law, lead paint abatement is " a set of measures designed to eliminate or reduce lead-based paint hazards" [www.mde.state.md.us/lead paint abatement].
Anyone who provides a lead paint abatement service or lead removal in Maryland must be certified or accredited by the Maryland Department of the Environment (MDE). An MDE-certified or accredited contractor must follow outlined in Maryland state regulations. Anyone who removes lead paint, or who conducts any other maintenance or home improvement activity which creates a hazard by disturbing lead paint should follow the safe practices which are included the state's regulations [see, COMAR 26.16.01].
The Federal Pre-Renovation Lead Information Rule, also known as section 406 (b) of the Toxic Substances Control Act, requires people performing renovation for compensation in a pre-1978 home to distribute a lead hazard information pamphlet prior to commencing the renovation.
Although Maryland lead law does not cover contractors doing maintenance or renovation work in an owner-occupied pre-1978 built dwelling unit, the contractors need to exercise safe lead work practices since they can generate lead contaminated dust. The contractor whose work causes lead poisoning may not be subject to enforcement action by MDE, but he or she may be judged as liable in a lawsuit for damages to the health of any person lead poisoned in the residential unit.
The Lawyer's Mailbox: BALTIMORE & MARYLAND LANDLORDS WARNED TO COMPLY WI...
The Lawyer's Mailbox: BALTIMORE & MARYLAND LANDLORDS WARNED TO COMPLY WI...: www.charlesjeromeware.com "Here to make a Difference." Premier defense attorney Charles Jerome Ware is Maryland...
BALTIMORE & MARYLAND LANDLORDS WARNED TO COMPLY WITH LEAD RULES : DEFENSE ATTORNEY REPORT
www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and ranked by his many satisfied clients and legal peers as one of the best lead paint and lead poisoning defense lawyers in the United States. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you when you are being sued for lead paint and lead poisoning .
Most of Maryland's lead paint and lead poisoning cases have occurred in Baltimore City, which has some of the oldest and most rundown housing in the state. However, children in suburban and rural areas of Maryland are also at risk of lead poisoning if they live in older apartments and houses ( pre-1978 built) that contain lead paint.
While the number of seriously poisoned children has declined dramatically since the early 1990s, the number considered at risk of harm has grown again in recent years. In 2011, the U.S. centers for Disease Control and Prevention declared research shows there is no safe exposure level for lead and reduced its threshold for action from 10 to 5 micrograms pre deciliter, half of what it had been for two decades before that. There were 2,622 Maryland children age or younger who tested with elevated levels of lead in their blood in 2013, the most recent year for which figures are available.
Currently, many Maryland residential landlords failing to respond to the state's expanded effort to curb childhood lead poisoning, Maryland Department of the Environment (MDE) officials are mass-mailing pointed reminders to tens of thousands of property owners to register their rental units or risk being fined.
In July 2015,MDE began sending letters to 87,000 owners of properties built between 1950 and 1978 that should have registered with the earlier this year if they are being rented and contain lead-based paint.
[ see, "Maryland warns landlords about lead compliance," The Baltimore Sun, Saturday, 08/22/2015, front page, by Timothy B. Wheeler]
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and ranked by his many satisfied clients and legal peers as one of the best lead paint and lead poisoning defense lawyers in the United States. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you when you are being sued for lead paint and lead poisoning .
Most of Maryland's lead paint and lead poisoning cases have occurred in Baltimore City, which has some of the oldest and most rundown housing in the state. However, children in suburban and rural areas of Maryland are also at risk of lead poisoning if they live in older apartments and houses ( pre-1978 built) that contain lead paint.
While the number of seriously poisoned children has declined dramatically since the early 1990s, the number considered at risk of harm has grown again in recent years. In 2011, the U.S. centers for Disease Control and Prevention declared research shows there is no safe exposure level for lead and reduced its threshold for action from 10 to 5 micrograms pre deciliter, half of what it had been for two decades before that. There were 2,622 Maryland children age or younger who tested with elevated levels of lead in their blood in 2013, the most recent year for which figures are available.
Currently, many Maryland residential landlords failing to respond to the state's expanded effort to curb childhood lead poisoning, Maryland Department of the Environment (MDE) officials are mass-mailing pointed reminders to tens of thousands of property owners to register their rental units or risk being fined.
In July 2015,MDE began sending letters to 87,000 owners of properties built between 1950 and 1978 that should have registered with the earlier this year if they are being rented and contain lead-based paint.
[ see, "Maryland warns landlords about lead compliance," The Baltimore Sun, Saturday, 08/22/2015, front page, by Timothy B. Wheeler]
The Lawyer's Mailbox: MARYLAND WARNS LANDLORDS ABOUT LEAD (Pb) PAINT COM...
The Lawyer's Mailbox: MARYLAND WARNS LANDLORDS ABOUT LEAD (Pb) PAINT COM...: www.charlesjeromeware.com " Here to make a Difference." Premier defense attorney Charles Jerome Ware is Maryland-ba...
MARYLAND WARNS LANDLORDS ABOUT LEAD (Pb) PAINT COMPLIANCE: DEFENSE LAWYER UPDATE
www.charlesjeromeware.com " Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based and nationally-recognized and respected as one of the premier lead paint and lead poisoning defense attorneys in the United States. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you when you are being sued in a lead paint or lead poisoning lawsuit.
[Excerpted from The Baltimore Sun, Saturday, August 22, 2015, front page, "Maryland warns landlords about lead compliance", by Timothy B Wheeler]
With many Maryland landlords failing to respond to the state's expanded effort to curb childhood lead poisoning, officials are mass-mailing pointed reminders this summer to tens of thousands of property owners to register their rental units or risk being fined.
In mid-July, the State Department of the Environment (MDE) began sending letters to 87,000 owners of properties built between 1950 and 1978 that should have registered with the state earlier this year if they are being rented and contain lead-based paint. * * *
For nearly 20 years, the state has required rental units built before 1950 to be inspected and tested to certify they are safe. That was the year Baltimore City banned the sale of lead-based paint. Lawmakers expanded the regulatory effort beginning this year (2015) because lead paint for home interiors was not banned in the rest of the state until 1977.
[MDE] said it has registered nearly 51,000 rental units that were built between 1950 and 1978, but state real estate assessment records indicate there could be up to five times that number statewide. This is the second round of mailings to those property owners since the registration requirement took effect in January 2015. * * *
Homes or residential units built before 1978 do not have to register if they are not being rented, or if they do not have lead paint. Owners claiming a unit is lead-free must submit a certificate verifying that information. MDE reports that landlords have declared more than 34,000 rental units lead-free so far in 2015.
Premier defense attorney Charles Jerome Ware is Maryland-based and nationally-recognized and respected as one of the premier lead paint and lead poisoning defense attorneys in the United States. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you when you are being sued in a lead paint or lead poisoning lawsuit.
[Excerpted from The Baltimore Sun, Saturday, August 22, 2015, front page, "Maryland warns landlords about lead compliance", by Timothy B Wheeler]
With many Maryland landlords failing to respond to the state's expanded effort to curb childhood lead poisoning, officials are mass-mailing pointed reminders this summer to tens of thousands of property owners to register their rental units or risk being fined.
In mid-July, the State Department of the Environment (MDE) began sending letters to 87,000 owners of properties built between 1950 and 1978 that should have registered with the state earlier this year if they are being rented and contain lead-based paint. * * *
For nearly 20 years, the state has required rental units built before 1950 to be inspected and tested to certify they are safe. That was the year Baltimore City banned the sale of lead-based paint. Lawmakers expanded the regulatory effort beginning this year (2015) because lead paint for home interiors was not banned in the rest of the state until 1977.
[MDE] said it has registered nearly 51,000 rental units that were built between 1950 and 1978, but state real estate assessment records indicate there could be up to five times that number statewide. This is the second round of mailings to those property owners since the registration requirement took effect in January 2015. * * *
Homes or residential units built before 1978 do not have to register if they are not being rented, or if they do not have lead paint. Owners claiming a unit is lead-free must submit a certificate verifying that information. MDE reports that landlords have declared more than 34,000 rental units lead-free so far in 2015.
The Lawyer's Mailbox: COLUMBIA MARYLAND DIVORCE : "TOP 10 DIVORCE LAWYER...
The Lawyer's Mailbox: COLUMBIA MARYLAND DIVORCE : "TOP 10 DIVORCE LAWYER...: www.charlesjeromeware.com "Here to make a Difference." Columbia, Howard County, Maryland attorney Charles Jerom...
COLUMBIA MARYLAND DIVORCE : "TOP 10 DIVORCE LAWYER" CHARLES WARE
www.charlesjeromeware.com "Here to make a Difference."
Columbia, Howard County, Maryland attorney Charles Jerome Ware is ranked and recognized by his many satisfied clients as well as his legal peers as a " TOP 10 DIVORCE AND FAMILY LAW ATTORNEY" in the State of Maryland [ see,thePRIMEBUYERSREPORT]. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He can help you.
Divorce is generally a traumatic experience and a stressful process --- for everyone involved.
When a marriage ends, spouses and children (if any) frequently confront a series of uncomfortable events such as changed living arrangements, different family schedules, other new environments, and decisions about property and money. Maintaining one's calm and poise during this process can be difficult.
There are rarely so-called "winners" in divorce. The goal, as I tell my clients, is to be a "successful survivor" of this process. Do not approach divorce with an attitude of "winning". The better and more healthy attitude is to approach divorce hoping and expecting to successfully "survive" it. Rarely do divorcing spouses end up with everything they want.
" Measure twice, cut once." That's what my parents taught me many years ago. It is good wisdom.
The point is, do not make important decisions about your divorce without thinking them through carefully and, of course, consulting with your attorney. Every decision in a divorce has consequences.
Remember: you and your spouse are the ones getting divorced; not your children. Psychological studies show that the more parents fight during a divorce, the damaging the process is to the children. Think of the children and their psychological well-being during your divorce.
Beware of "agitators", "rubberneckers", and "gossips" during your divorce. Though they may be well-meaning, do not believe everything other people tell you about their divorce experiences. Every divorce is unique and different. No two divorces are the same in facts and results.
Keep the "big picture" in mind. Do not stay held down by the past. Prepare for the future. Goodluck.
Columbia, Howard County, Maryland attorney Charles Jerome Ware is ranked and recognized by his many satisfied clients as well as his legal peers as a " TOP 10 DIVORCE AND FAMILY LAW ATTORNEY" in the State of Maryland [ see,thePRIMEBUYERSREPORT]. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He can help you.
Divorce is generally a traumatic experience and a stressful process --- for everyone involved.
When a marriage ends, spouses and children (if any) frequently confront a series of uncomfortable events such as changed living arrangements, different family schedules, other new environments, and decisions about property and money. Maintaining one's calm and poise during this process can be difficult.
There are rarely so-called "winners" in divorce. The goal, as I tell my clients, is to be a "successful survivor" of this process. Do not approach divorce with an attitude of "winning". The better and more healthy attitude is to approach divorce hoping and expecting to successfully "survive" it. Rarely do divorcing spouses end up with everything they want.
" Measure twice, cut once." That's what my parents taught me many years ago. It is good wisdom.
The point is, do not make important decisions about your divorce without thinking them through carefully and, of course, consulting with your attorney. Every decision in a divorce has consequences.
Remember: you and your spouse are the ones getting divorced; not your children. Psychological studies show that the more parents fight during a divorce, the damaging the process is to the children. Think of the children and their psychological well-being during your divorce.
Beware of "agitators", "rubberneckers", and "gossips" during your divorce. Though they may be well-meaning, do not believe everything other people tell you about their divorce experiences. Every divorce is unique and different. No two divorces are the same in facts and results.
Keep the "big picture" in mind. Do not stay held down by the past. Prepare for the future. Goodluck.
Friday, August 21, 2015
The Lawyer's Mailbox: BALTIMORE LEAD PAINT DEFENDANT INSTITUTE : LEAD P...
The Lawyer's Mailbox: BALTIMORE LEAD PAINT DEFENDANT INSTITUTE : LEAD P...: www.charlesjeromeware.com "Here to make a Difference." Charles Jerome Ware, LLC is a premier, Maryland-based, nation...
BALTIMORE LEAD PAINT DEFENDANT INSTITUTE : LEAD PAINT DISCLOSURE IS THE LAW
www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected landlord lead paint and lead poisoning defense law firm. For an initial courtesy consultation, contact premier defense attorney Charles Ware at (410) 720-6129. We can help you when you are being sued for lead paint negligence or lead poisoning.
Lead Paint Disclosure : It's the Law
If a house or apartment was built in the Baltimore metropolitan area prior to 1978, landlords are required to inform residents or applicants for rental that the possibility of lead (Pb) paint exists. In 1992, Congress passed the residential Lead-Based Paint Hazard Reduction Act, also known commonly as TITLE X (10), to protect families from exposure to lead from paint, dust, and soil.
Pursuant to the law, inter alia, disclosure of lead-based paint and lead-based paint hazards must be made before the sale or lease of most residential units.
In 1996, Federal law was implemented that requires individuals (potential tenants) to receive a Lead Paint Pamphlet and Disclosure Form before renting, buying, or renovating pre -1978 built housing. many houses and apartments constructed before 1978 have paint that contains lead (Pb). Lead that is ingested or inhaled from paint, dust, chips, peelings, etc., can pose serious health hazards if not taken care of properly, which is one of the reasons why the required documents must be given to residents.
ALWAYS HIRE LEAD-CERTIFIED FIRMS FOR REPAIRS OR RENOVATIONS
Do not perform repairs, renovations, home improvement, lead removal or lead abatement work on your pre-1978 built residential rental properties yourself. Under Maryland law, these types of residential rental property work must be done by Maryland Department of the Environment (MDE)lead-certified contractors. An MDE-certified contractor is required to follow procedures covered in State regulations. Anyone who removes lead paint, or who conducts any other residential maintenance or home improvement work which can create a hazard by disturbing lead paint, should follow the safe practices which are included in those Maryland State regulations.
DO NOT DISTURB THE PAINT
"Uninterrupted" lead paint ( aka, in good condition) is not considered harmful to the body. It is "interrupted" (e.g., chipped, peeled, flaked, cracked, dust, etc.) lead paint that is ingested or inhaled that can be harmful to the body. Paint in and on the pre-1978 built residential unit should be checked regularly for chipping, peeling, flaking or deterioration, etc., and any issues addressed immediately.
I routinely preach the following three keys to my landlord clients to avoid or even win lead paint poisoning lawsuits : (1) MAINTENANCE of the rental residential property; (2) NOTICE to the tenants in the rental residential property; and DOCUMENTATION/RECORD-KEEPING on the tenants and the property.
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected landlord lead paint and lead poisoning defense law firm. For an initial courtesy consultation, contact premier defense attorney Charles Ware at (410) 720-6129. We can help you when you are being sued for lead paint negligence or lead poisoning.
Lead Paint Disclosure : It's the Law
If a house or apartment was built in the Baltimore metropolitan area prior to 1978, landlords are required to inform residents or applicants for rental that the possibility of lead (Pb) paint exists. In 1992, Congress passed the residential Lead-Based Paint Hazard Reduction Act, also known commonly as TITLE X (10), to protect families from exposure to lead from paint, dust, and soil.
Pursuant to the law, inter alia, disclosure of lead-based paint and lead-based paint hazards must be made before the sale or lease of most residential units.
In 1996, Federal law was implemented that requires individuals (potential tenants) to receive a Lead Paint Pamphlet and Disclosure Form before renting, buying, or renovating pre -1978 built housing. many houses and apartments constructed before 1978 have paint that contains lead (Pb). Lead that is ingested or inhaled from paint, dust, chips, peelings, etc., can pose serious health hazards if not taken care of properly, which is one of the reasons why the required documents must be given to residents.
ALWAYS HIRE LEAD-CERTIFIED FIRMS FOR REPAIRS OR RENOVATIONS
Do not perform repairs, renovations, home improvement, lead removal or lead abatement work on your pre-1978 built residential rental properties yourself. Under Maryland law, these types of residential rental property work must be done by Maryland Department of the Environment (MDE)lead-certified contractors. An MDE-certified contractor is required to follow procedures covered in State regulations. Anyone who removes lead paint, or who conducts any other residential maintenance or home improvement work which can create a hazard by disturbing lead paint, should follow the safe practices which are included in those Maryland State regulations.
DO NOT DISTURB THE PAINT
"Uninterrupted" lead paint ( aka, in good condition) is not considered harmful to the body. It is "interrupted" (e.g., chipped, peeled, flaked, cracked, dust, etc.) lead paint that is ingested or inhaled that can be harmful to the body. Paint in and on the pre-1978 built residential unit should be checked regularly for chipping, peeling, flaking or deterioration, etc., and any issues addressed immediately.
I routinely preach the following three keys to my landlord clients to avoid or even win lead paint poisoning lawsuits : (1) MAINTENANCE of the rental residential property; (2) NOTICE to the tenants in the rental residential property; and DOCUMENTATION/RECORD-KEEPING on the tenants and the property.
Thursday, August 20, 2015
The Lawyer's Mailbox: UNDERSTANDING LEAD PAINT LITIGATION IN BALTIMORE :...
The Lawyer's Mailbox: UNDERSTANDING LEAD PAINT LITIGATION IN BALTIMORE :...: www.charlesjeromeware.com "Here to make a Difference." Charles Jerome Ware, LLC is a premier, Maryland-based, natio...
UNDERSTANDING LEAD PAINT LITIGATION IN BALTIMORE : DEFENSE ATTORNEYS
www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected lead paint and lead poisoning defense law firm. For an initial courtesy consultation, contact us at (410) 720-6129. We can help you when you have been named as a defendant in a lead paint or lead poisoning lawsuit.
Baltimore is virtually "ground zero" for lead hazards. Therefore, by default Baltimore is ubiquitous
with its filings of lead paint claims and lawsuits against landowners, landlords and residential property managers. These claims and lawsuits are predominantly filed against residential landlords for pre-1978 built apartments and houses. Lead paint was banned for use in Baltimore housing in 1951, and it was banned by the Federal government for residential and other consumer uses in 1978.
Because lead (Pb) has been so popular in its commercial and consumer use, and appears to be everywhere in Baltimore and throughout so-called "civilized industrial nations", landlords for pre-1978 constructed residential units have unfortunately become relatively easy targets for plaintiffs who have lived or visited these properties. This is particularly the case for plaintiffs who lived in or visited these residential units when they were under the age of 6 years.
The three basic keys I recommend to my clients in their efforts to avoid or even win lead paint poisoning claims and lawsuits are : (1) MAINTENANCE of the residential property; (2) NOTICE to tenants in the residential property; and (3) DOCUMENTATION/RECORD-KEEPING on the tenants and the residential property. Being a successful landlord for a pre-1978 built residential property in Baltimore takes a lot of attention and work. And, speaking of work, landlords must be sure to use Maryland Department of the Environment (MDE)- certified contractors and supervisors when doing any lead abatement or removal, renovation, and home improvement work on the rental property. That's the law in Maryland.
Be mindful that "uninterrupted" lead paint is not considered harmful to the body; but "interrupted" lead paint (i.e., chipped, peeled, cracked, in dust form, etc.) that is ingested on inhaled can be very harmful in sufficient amounts to the body.
Since lead paint was banned for residential use in Baltimore housing in 1951, and was banned by the Federal government for similar housing as well as other consumer uses in 1978, "legacy" (old) lead paint that is "interrupted" is considered the principal culprit in these claims and lawsuits. Wide lead use came to North America during Colonial times; but wide lead use came about in ancient civilizations over 6,000 years ago. Lead (Pb) does not dissolve in water, does not dissipate, nor decay, nor burn. This stuff just lasts ... and lasts ... and lasts. It is guesstimated that over 10 million metric tons of lead residue has accumulated in earth's environment since its first mining over 6,000 years ago.
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected lead paint and lead poisoning defense law firm. For an initial courtesy consultation, contact us at (410) 720-6129. We can help you when you have been named as a defendant in a lead paint or lead poisoning lawsuit.
Baltimore is virtually "ground zero" for lead hazards. Therefore, by default Baltimore is ubiquitous
with its filings of lead paint claims and lawsuits against landowners, landlords and residential property managers. These claims and lawsuits are predominantly filed against residential landlords for pre-1978 built apartments and houses. Lead paint was banned for use in Baltimore housing in 1951, and it was banned by the Federal government for residential and other consumer uses in 1978.
Because lead (Pb) has been so popular in its commercial and consumer use, and appears to be everywhere in Baltimore and throughout so-called "civilized industrial nations", landlords for pre-1978 constructed residential units have unfortunately become relatively easy targets for plaintiffs who have lived or visited these properties. This is particularly the case for plaintiffs who lived in or visited these residential units when they were under the age of 6 years.
The three basic keys I recommend to my clients in their efforts to avoid or even win lead paint poisoning claims and lawsuits are : (1) MAINTENANCE of the residential property; (2) NOTICE to tenants in the residential property; and (3) DOCUMENTATION/RECORD-KEEPING on the tenants and the residential property. Being a successful landlord for a pre-1978 built residential property in Baltimore takes a lot of attention and work. And, speaking of work, landlords must be sure to use Maryland Department of the Environment (MDE)- certified contractors and supervisors when doing any lead abatement or removal, renovation, and home improvement work on the rental property. That's the law in Maryland.
Be mindful that "uninterrupted" lead paint is not considered harmful to the body; but "interrupted" lead paint (i.e., chipped, peeled, cracked, in dust form, etc.) that is ingested on inhaled can be very harmful in sufficient amounts to the body.
Since lead paint was banned for residential use in Baltimore housing in 1951, and was banned by the Federal government for similar housing as well as other consumer uses in 1978, "legacy" (old) lead paint that is "interrupted" is considered the principal culprit in these claims and lawsuits. Wide lead use came to North America during Colonial times; but wide lead use came about in ancient civilizations over 6,000 years ago. Lead (Pb) does not dissolve in water, does not dissipate, nor decay, nor burn. This stuff just lasts ... and lasts ... and lasts. It is guesstimated that over 10 million metric tons of lead residue has accumulated in earth's environment since its first mining over 6,000 years ago.
The Lawyer's Mailbox: BALTIMORE LEAD PAINT LITIGATION : DEFENSE 101
The Lawyer's Mailbox: BALTIMORE LEAD PAINT LITIGATION : DEFENSE 101: www.charlesjeromeware.com "Here to make a Difference." Premier defense attorney Charles Jerome Ware is con...
BALTIMORE LEAD PAINT LITIGATION : DEFENSE 101
www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Jerome Ware is considered and ranked by his many satisfied clients as well as his legal peers as one of the best lead paint litigation defense attorneys in the United States. If you are being sued in a lead paint or lead poisoning lawsuit, contact Attorney Charles Ware immediately at (410) 720-6129. He can help you.
Lead (Pb) is ubiquitous in Baltimore. It is everywhere in the city. In fact, virtually everybody in industrial civilizations such as the United States, Great Britain, etc., have some lead (Pb) in their bodies. Lead is not dissolvable in water, does not decay, nor dissipate, nor burn. It simply lasts ... and lasts... and lasts. It is guesstimated that over the more than 6,000 years last has been used, over 10 million metric tons have accumulated in the earth's environment.
Lead can be found in many consumer products that are made outside of the United States, and in a few that are made inside the country, such as batteries. Aside from the frequently-mentioned lead that can be found in many pre-1978 built apartments and houses in Baltimore, lead can be found in drinking water, the air we breathe, soil, dust, playgrounds, sandlots, pipes and other plumbing fixtures, toys, furniture, jewelry, cosmetics, cribs, high chairs, lunchboxes, folk and home remedies, pottery, ceramics, candies made in Mexico, other products, commercial buildings, job sites, industrial sites, etc. In the past ( year 2000, for example), many toys were recalled by the Consumer Product Safety Commission when they were found to be contaminated with lead. And, as mentioned, supra, consumers (including children) can also be exposed to lead through imported pottery, candies, or Mexican or Asian folk remedies, which may contain high concentrations of lead.
Lead particles or dust can also be brought into the home from contaminated work clothes. Despite all these potential sources of contamination, however, most lead paint litigation arises out of the toxic exposure of children under age 6 to pre-1950 built housing (originally, in Baltimore). It must be noted that in 1991 the Centers for Disease Control (CDC) opined that " it is unlikely that there is a single predominant source of lead exposure" for young children. [ See, U.S. Dept. of Health and Human Services, Public Health Service, Centers for Disease Control (CDC), Preventing Lead Poisoning in Young Children (October 1991), Chapter 4 ].
I recommend that landlords and residential property managers be aware of the following three keys to avoiding or winning lead paint lawsuits : (1) MAINTENANCE of the rental property; (2) NOTICE to tenants in the rental property; and (3) DOCUMENTATION/RECORD-KEEPING on the tenant as well as the rental property.
Premier defense attorney Charles Jerome Ware is considered and ranked by his many satisfied clients as well as his legal peers as one of the best lead paint litigation defense attorneys in the United States. If you are being sued in a lead paint or lead poisoning lawsuit, contact Attorney Charles Ware immediately at (410) 720-6129. He can help you.
Lead (Pb) is ubiquitous in Baltimore. It is everywhere in the city. In fact, virtually everybody in industrial civilizations such as the United States, Great Britain, etc., have some lead (Pb) in their bodies. Lead is not dissolvable in water, does not decay, nor dissipate, nor burn. It simply lasts ... and lasts... and lasts. It is guesstimated that over the more than 6,000 years last has been used, over 10 million metric tons have accumulated in the earth's environment.
Lead can be found in many consumer products that are made outside of the United States, and in a few that are made inside the country, such as batteries. Aside from the frequently-mentioned lead that can be found in many pre-1978 built apartments and houses in Baltimore, lead can be found in drinking water, the air we breathe, soil, dust, playgrounds, sandlots, pipes and other plumbing fixtures, toys, furniture, jewelry, cosmetics, cribs, high chairs, lunchboxes, folk and home remedies, pottery, ceramics, candies made in Mexico, other products, commercial buildings, job sites, industrial sites, etc. In the past ( year 2000, for example), many toys were recalled by the Consumer Product Safety Commission when they were found to be contaminated with lead. And, as mentioned, supra, consumers (including children) can also be exposed to lead through imported pottery, candies, or Mexican or Asian folk remedies, which may contain high concentrations of lead.
Lead particles or dust can also be brought into the home from contaminated work clothes. Despite all these potential sources of contamination, however, most lead paint litigation arises out of the toxic exposure of children under age 6 to pre-1950 built housing (originally, in Baltimore). It must be noted that in 1991 the Centers for Disease Control (CDC) opined that " it is unlikely that there is a single predominant source of lead exposure" for young children. [ See, U.S. Dept. of Health and Human Services, Public Health Service, Centers for Disease Control (CDC), Preventing Lead Poisoning in Young Children (October 1991), Chapter 4 ].
I recommend that landlords and residential property managers be aware of the following three keys to avoiding or winning lead paint lawsuits : (1) MAINTENANCE of the rental property; (2) NOTICE to tenants in the rental property; and (3) DOCUMENTATION/RECORD-KEEPING on the tenant as well as the rental property.
Wednesday, August 19, 2015
The Lawyer's Mailbox: HOWARD COUNTY & MARYLAND WOMEN'S DUI DEFENSE INSTI...
The Lawyer's Mailbox: HOWARD COUNTY & MARYLAND WOMEN'S DUI DEFENSE INSTI...: www.charlesjeromeware.com " Here to make a Difference." Premier defense attorney Charles Jerome Ware is Maryland-...
HOWARD COUNTY & MARYLAND WOMEN'S DUI DEFENSE INSTITUTE : MARYLAND "BEST 10" ATTORNEY [AIDUIA]
www.charlesjeromeware.com " Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based and is ranked by both his many satisfied clients and his legal peers as one of Maryland's "BEST 10 DUI AND DWI ATTORNEYS" [AIDUIA]. For an initial courtesy consultation, contact defense attorney Charles Ware at (410) 720-612. He can help you when you are charged or arrested for drunk driving anywhere in Maryland.
DUI AND DWI ENFORCEMENT DISCRIMINATES AGAINST WOMEN
By now, it should be no secret that the hocus-pocus breath test devices (breathalyzers) and highly-subjective field sobriety tests (FST's) used by law enforcement to allegedly arrest and convict drunk drivers actually discriminate against women drivers. All of these law enforcement gimmicks are allegedly designed for the "average person", which in reality means the " average male". The problem is : there is no such entity as the "average male"; and worse, no attempt or consideration is made at all to factor in "women" and their unique traits, etc.
It certainly should not be contested these days that women are different physiologically from men.
And, due principally to those physiological differences, women and men absorb alcohol differently.
In other words, women and men " metabolize" alcohol differently.
Women have less water in their bodies and more adipose tissue, of fat, which is not easily penetrated by alcohol (ethanol), which in turn causes women to reach artificially higher blood alcohol concentration (BAC) levels faster than me. In sum, breath tests simply do not record women's true BAC levels accurately, thus creating a bias against them in determining alleged drunkenness.
Further, the standardized field sobriety tests are simply not designed to accommodate women; thus, again, making them more difficult for women to perform. This, of course, causes women on average to appear more intoxicated than men.
If you are a woman who has been arrested for driving under the influence in Howard County or anywhere in the State of Maryland, you need an experienced DUI defense attorney who understands these complex issues and the unique defenses that are available to women. Give us a call --- we can, and we will, help you.
Premier defense attorney Charles Jerome Ware is Maryland-based and is ranked by both his many satisfied clients and his legal peers as one of Maryland's "BEST 10 DUI AND DWI ATTORNEYS" [AIDUIA]. For an initial courtesy consultation, contact defense attorney Charles Ware at (410) 720-612. He can help you when you are charged or arrested for drunk driving anywhere in Maryland.
DUI AND DWI ENFORCEMENT DISCRIMINATES AGAINST WOMEN
By now, it should be no secret that the hocus-pocus breath test devices (breathalyzers) and highly-subjective field sobriety tests (FST's) used by law enforcement to allegedly arrest and convict drunk drivers actually discriminate against women drivers. All of these law enforcement gimmicks are allegedly designed for the "average person", which in reality means the " average male". The problem is : there is no such entity as the "average male"; and worse, no attempt or consideration is made at all to factor in "women" and their unique traits, etc.
It certainly should not be contested these days that women are different physiologically from men.
And, due principally to those physiological differences, women and men absorb alcohol differently.
In other words, women and men " metabolize" alcohol differently.
Women have less water in their bodies and more adipose tissue, of fat, which is not easily penetrated by alcohol (ethanol), which in turn causes women to reach artificially higher blood alcohol concentration (BAC) levels faster than me. In sum, breath tests simply do not record women's true BAC levels accurately, thus creating a bias against them in determining alleged drunkenness.
Further, the standardized field sobriety tests are simply not designed to accommodate women; thus, again, making them more difficult for women to perform. This, of course, causes women on average to appear more intoxicated than men.
If you are a woman who has been arrested for driving under the influence in Howard County or anywhere in the State of Maryland, you need an experienced DUI defense attorney who understands these complex issues and the unique defenses that are available to women. Give us a call --- we can, and we will, help you.
The Lawyer's Mailbox: HOWARD COUNTY & MARYLAND DIVORCE INSTITUTE : ABSOL...
The Lawyer's Mailbox: HOWARD COUNTY & MARYLAND DIVORCE INSTITUTE : ABSOL...: www.charlesjeromeware.com "Here to make a Difference." Premier divorce and family law attorney Charles Jerome Ware ...
HOWARD COUNTY & MARYLAND DIVORCE INSTITUTE : ABSOLUTE DIVORCE & LIMITED DIVORCE
www.charlesjeromeware.com "Here to make a Difference."
Premier divorce and family law attorney Charles Jerome Ware is Maryland-based, and he is recognized and respected as a "TOP 10" divorce and family law attorney by both his many satisfied clients as well as his legal peers [see, THEPRIMEBUYERSREPORT]. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He can help you.
ABSOLUTE DIVORCE
The grounds(reasons) for absolute divorce in Maryland can be found in Maryland Code, Family Law section 7-103. The absolute divorce is the final termination or ending of the marriage. To obtain an absolute divorce, one spouse must first prove that at least one "ground" (a legally accepted reason) for absolute divorce exists. The appropriate circuit court of Maryland may decree an Absolute Divorce on the following grounds
(1) Adultery;
(20)Desertion;
(3) Voluntary Separation without cohabitation for at least twelve months;
(4) Conviction of a felony ...;
(5) Two-Year Separation; and
(6) Insanity.
LIMITED DIVORCE
A limited divorce in Maryland is, in essence, a partial divorce or equivalent to a legal separation. It is formerly known as a mensa et thoro. It is not a final nor permanent divorce. The circuit court may decree a limited divorce on the following grounds:
(1) Cruelty of treatment;
(2) Excessively vicious conduct;
(3) Desertion; and
(4) Voluntary Separation.
Premier divorce and family law attorney Charles Jerome Ware is Maryland-based, and he is recognized and respected as a "TOP 10" divorce and family law attorney by both his many satisfied clients as well as his legal peers [see, THEPRIMEBUYERSREPORT]. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He can help you.
ABSOLUTE DIVORCE
The grounds(reasons) for absolute divorce in Maryland can be found in Maryland Code, Family Law section 7-103. The absolute divorce is the final termination or ending of the marriage. To obtain an absolute divorce, one spouse must first prove that at least one "ground" (a legally accepted reason) for absolute divorce exists. The appropriate circuit court of Maryland may decree an Absolute Divorce on the following grounds
(1) Adultery;
(20)Desertion;
(3) Voluntary Separation without cohabitation for at least twelve months;
(4) Conviction of a felony ...;
(5) Two-Year Separation; and
(6) Insanity.
LIMITED DIVORCE
A limited divorce in Maryland is, in essence, a partial divorce or equivalent to a legal separation. It is formerly known as a mensa et thoro. It is not a final nor permanent divorce. The circuit court may decree a limited divorce on the following grounds:
(1) Cruelty of treatment;
(2) Excessively vicious conduct;
(3) Desertion; and
(4) Voluntary Separation.
The Lawyer's Mailbox: BALTIMORE INSTITUTE FOR LEAD PAINT POISONING DEFEN...
The Lawyer's Mailbox: BALTIMORE INSTITUTE FOR LEAD PAINT POISONING DEFEN...: www.charlesjeromeware.com "Here to make a Difference." For answers to lead paint and poisoning questions, or fo...
BALTIMORE INSTITUTE FOR LEAD PAINT POISONING DEFENDANTS : CHARLES JEROME WARE, LLC
www.charlesjeromeware.com "Here to make a Difference."
For answers to lead paint and poisoning questions, or for an initial courtesy consultation, contact premier defense attorney Charles Jerome Ware at (410) 720-6129. He and his staff can help you when you are being sued in a lead paint or lead poisoning law suit.
There are many people who consider lead poisoning ("plumbism") in Baltimore to be a public health crisis. Indeed, several judges, public officials and other commentators have suggested that in certain circumstances lead poisoning cases are "indefensible". At the Baltimore Institute for Lead Paint Poisoning Defendants, and at the Maryland-based national law firm of Charles Jerome Ware, LLC, we respectfully disagree. From our viewpoint, there are always defenses to lead poisoning claims.
One of the major defenses to specific lead poisoning claims against specific individual individuals and organizations is that toxic lead (Pb) is literally everywhere in Baltimore, including: the air we breath, drinking water, dust, soil, playgrounds, sandlots, construction and building improvement sites, pipes and other plumbing sites, job locations and industrial sites, commercial buildings, hobbies, toys, furniture, ceramics, pottery, folk and home remedies, cosmetics, jewelry, food and beverages, trees and plants, other products, etc., and pre-1978 built houses and apartments.
It should be remembered that lead (Pb) is everywhere in our environment. It does not dissolve in water, dissipate, decay nor burn. It lasts ... and lasts ... and lasts. This stuff does not go away. It is estimated that, since its discovery over 6,000 years ago, over 10 million metric tons of lead residue has found its way into (and exists in ) our environment.
Common and frequent use of lead in the North America probably began in Colonial times. When lead paint was marketed before 1978, it was a legal product in great demand because it was washable and durable, It was repeatedly endorsed by the U.S., state, and local governments, and it was specified for use on government buildings until the mid-1970. Its use peaked in 1922, and by 1940 the use of white lead pigments for interior surfaces was on the way out.
In 1951, Baltimore banned the use of lead pigment in interior paint in Baltimore Housing. This was the first such restriction in the United States.
In 1978, the Federal government banned the use of lead paint altogether in residential housing and other consumer uses
There are three basic keys to follow, I believe, for landlords to avoid or win lead paint poisoning lawsuits:
(1) MAINTENANCE of the rental property;
(2) NOTICE to tenants living in the rental property; and
(3) RECORD-KEEPING and document retention on both tenants and the rental property.
For answers to lead paint and poisoning questions, or for an initial courtesy consultation, contact premier defense attorney Charles Jerome Ware at (410) 720-6129. He and his staff can help you when you are being sued in a lead paint or lead poisoning law suit.
There are many people who consider lead poisoning ("plumbism") in Baltimore to be a public health crisis. Indeed, several judges, public officials and other commentators have suggested that in certain circumstances lead poisoning cases are "indefensible". At the Baltimore Institute for Lead Paint Poisoning Defendants, and at the Maryland-based national law firm of Charles Jerome Ware, LLC, we respectfully disagree. From our viewpoint, there are always defenses to lead poisoning claims.
One of the major defenses to specific lead poisoning claims against specific individual individuals and organizations is that toxic lead (Pb) is literally everywhere in Baltimore, including: the air we breath, drinking water, dust, soil, playgrounds, sandlots, construction and building improvement sites, pipes and other plumbing sites, job locations and industrial sites, commercial buildings, hobbies, toys, furniture, ceramics, pottery, folk and home remedies, cosmetics, jewelry, food and beverages, trees and plants, other products, etc., and pre-1978 built houses and apartments.
It should be remembered that lead (Pb) is everywhere in our environment. It does not dissolve in water, dissipate, decay nor burn. It lasts ... and lasts ... and lasts. This stuff does not go away. It is estimated that, since its discovery over 6,000 years ago, over 10 million metric tons of lead residue has found its way into (and exists in ) our environment.
Common and frequent use of lead in the North America probably began in Colonial times. When lead paint was marketed before 1978, it was a legal product in great demand because it was washable and durable, It was repeatedly endorsed by the U.S., state, and local governments, and it was specified for use on government buildings until the mid-1970. Its use peaked in 1922, and by 1940 the use of white lead pigments for interior surfaces was on the way out.
In 1951, Baltimore banned the use of lead pigment in interior paint in Baltimore Housing. This was the first such restriction in the United States.
In 1978, the Federal government banned the use of lead paint altogether in residential housing and other consumer uses
There are three basic keys to follow, I believe, for landlords to avoid or win lead paint poisoning lawsuits:
(1) MAINTENANCE of the rental property;
(2) NOTICE to tenants living in the rental property; and
(3) RECORD-KEEPING and document retention on both tenants and the rental property.
Tuesday, August 18, 2015
The Lawyer's Mailbox: BALTIMORE LEAD POISONING DEFENSE 101 : CHARLES JE...
The Lawyer's Mailbox: BALTIMORE LEAD POISONING DEFENSE 101 : CHARLES JE...: www.charlesjeromeware.com " Here to make a Difference." Premier civil and criminal defense attorney Charles Jerome W...
BALTIMORE LEAD POISONING DEFENSE 101 : CHARLES JEROME WARE, LLC - A NATIONAL LAW FIRM
www.charlesjeromeware.com " Here to make a Difference."
Premier civil and criminal defense attorney Charles Jerome Ware is Maryland-based and nationally-respected as one of the best landlord lead poisoning defense attorneys in the United States. For an initial courtesy consultation, contact attorney Charles Ware at (410) 720-6129. He can help you when you are being sued in a lead paint or lead poisoning lawsuit.
Lead poisoning is considered by many to be a public health crisis in Baltimore. Indeed, there are several judges and commentators who would suggest the in certain circumstances lead poisoning ("Plumbism") cases are "indefensible." I respectfully disagree. In my many years of successful legal representation of landlords and landlords in these cases in Baltimore, I have found that there are always legitimate defenses in these actions. For instance, Baltimore is a city where the sources of toxic lead ("Pb") are virtually innumerable, including: the air we breathe, soil, dust, drinking water, pipes and other plumbing fixtures, folk and home remedies, ceramics, pottery, jobs, hobbies, work sites, industrial sites, jewelry, cosmetics, clothes, playgrounds, commercial building, sandlots, batteries, other products (particularly those made in several foreign countries, etc. --- and, yes, pre 1978-built houses and apartments.
In my new book --- coming in 2016 --- I get into more detail about the "lead poisoning problem" , both in Maryland and throughout the United States.
Premier civil and criminal defense attorney Charles Jerome Ware is Maryland-based and nationally-respected as one of the best landlord lead poisoning defense attorneys in the United States. For an initial courtesy consultation, contact attorney Charles Ware at (410) 720-6129. He can help you when you are being sued in a lead paint or lead poisoning lawsuit.
Lead poisoning is considered by many to be a public health crisis in Baltimore. Indeed, there are several judges and commentators who would suggest the in certain circumstances lead poisoning ("Plumbism") cases are "indefensible." I respectfully disagree. In my many years of successful legal representation of landlords and landlords in these cases in Baltimore, I have found that there are always legitimate defenses in these actions. For instance, Baltimore is a city where the sources of toxic lead ("Pb") are virtually innumerable, including: the air we breathe, soil, dust, drinking water, pipes and other plumbing fixtures, folk and home remedies, ceramics, pottery, jobs, hobbies, work sites, industrial sites, jewelry, cosmetics, clothes, playgrounds, commercial building, sandlots, batteries, other products (particularly those made in several foreign countries, etc. --- and, yes, pre 1978-built houses and apartments.
In my new book --- coming in 2016 --- I get into more detail about the "lead poisoning problem" , both in Maryland and throughout the United States.
Friday, August 14, 2015
The Lawyer's Mailbox: HO. CO. & MARYLAND DIVORCE FINANCES & LEGAL REALI...
The Lawyer's Mailbox: HO. CO. & MARYLAND DIVORCE FINANCES & LEGAL REALI...: www.charlesjeromeware.com " Here to make a Difference." Charles Jerome Ware, LLC is a premier, Maryland-based, n...
HO. CO. & MARYLAND DIVORCE FINANCES & LEGAL REALITIES : " TOP 10 DIVORCE ATTORNEYS "
www.charlesjeromeware.com " Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected divorce and family law firm. Attorney Ware is recognized and ranked by both his satisfied clients as well as his legal peers as one of the "TOP 10 DIVORCE AND FAMILY LAW ATTORNEYS IN HOWARD COUNTY " [ thePRIMEBUYERSREPORT]. For an initial courtesy consultation, contact Attorney Charles Ware and his staff at (410) 720-6129. He can help you.
Divorce is frequently tragic, often traumatic, and usually stressful for all parties involved. The formal legal process of ending a marriage can unnerving for the spouses and their children (if any) with the adventure of new living quarters, changing of personal and family schedules, and certainly decisions about marital property and money. Getting through this difficult process can be made more palatable with some preparation, positive attitude, and poise. Prepare yourself to successfully "survive" your divorce, and not to necessarily "win" it. Preparation and good attitude are important.
Usually one spouse is responsible for maintaining a couple's finances (including bank accounts, etc.) and paying the family's bills. If you are not that designated spouse, make yourself fully aware of what's happening with the family's finances immediately :
- Create a list of all the assets (including account numbers, financial institutions and values stocks and bonds, real property, et al) held by you and your spouse, both individually and jointly-held.
- Similarly, make a list of all outstanding debts. Dividing is generally a more difficult process in a divorce than dividing assets . Therefore, both parties should pay off debt balances as much as possible and as quickly as possible.
- If possible between the parties, pursue mediation rather than rely on litigation to resolve as many marital issues as possible (including, by the way, issues such child custody and visitation, etc.).
- Close jointly-held credit cards.
- Keep or establish new credit in your name only.
- Contact lenders and credit card companies to request 3rd party notification if you are relying on your spouse to make payments.
- Maintain the "big picture". Prepare a practical post-divorce spending plan or budget based, hopefully, on steady sources of income.
- Prepare to downsize your lifestyle (for most people, that is).
- Contact credit reporting agencies often to ensure that your credit is not being compromised.
- Of course, seek professional LEGAL, FINANCIAL, ACCOUNTING and TAX advice !
- Keep copies of your spouse's social security number and benefits, and military benefits (if any) with your on retirement/personal documents and other information. You may be entitled to some ( a portion) of these benefits in retirement if you were married for at least 10 years, etc. [ and remain single, etc.].
- Change your will, powers of attorney and health directives as well as beneficiary designations as necessary.
_ Change beneficiary clauses in employer-provided life insurance policies and any IRAs that you may own.
Make sure your spouse has adequate life insurance and disability insurance if you will receive alimony and/or child support.
- Maintain ownership of life insurance policies to make sure your ex-spouse is paying premiums and to prevent alterations of the beneficiary clause.
- " Measure twice, cut once." Do not make important decisions about your divorce without thinking them through and consulting with your professional advisors. Many life-changing decisions can come up during a divorce.. Think carefully before acting on your emotions., etc.
- Do not believe everything other people tell you about their divorce experiences. Though presumably well-meaning, people can exaggerate, forget, embellish, or even lie (for some or no reason) their experiences. Remember: their divorce was probably traumatic for them as well. Bad thoughts, bad memories... bad stories.
Finally, please remember that in most cases, YOU and your SPOUSE are the ones getting divorced; not your children. Both parties MUST do their best to spare the kids from the nastiness, unhappiness and problems inherent in the divorce. Thank you for your cooperation.
-
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected divorce and family law firm. Attorney Ware is recognized and ranked by both his satisfied clients as well as his legal peers as one of the "TOP 10 DIVORCE AND FAMILY LAW ATTORNEYS IN HOWARD COUNTY " [ thePRIMEBUYERSREPORT]. For an initial courtesy consultation, contact Attorney Charles Ware and his staff at (410) 720-6129. He can help you.
Divorce is frequently tragic, often traumatic, and usually stressful for all parties involved. The formal legal process of ending a marriage can unnerving for the spouses and their children (if any) with the adventure of new living quarters, changing of personal and family schedules, and certainly decisions about marital property and money. Getting through this difficult process can be made more palatable with some preparation, positive attitude, and poise. Prepare yourself to successfully "survive" your divorce, and not to necessarily "win" it. Preparation and good attitude are important.
Usually one spouse is responsible for maintaining a couple's finances (including bank accounts, etc.) and paying the family's bills. If you are not that designated spouse, make yourself fully aware of what's happening with the family's finances immediately :
- Create a list of all the assets (including account numbers, financial institutions and values stocks and bonds, real property, et al) held by you and your spouse, both individually and jointly-held.
- Similarly, make a list of all outstanding debts. Dividing is generally a more difficult process in a divorce than dividing assets . Therefore, both parties should pay off debt balances as much as possible and as quickly as possible.
- If possible between the parties, pursue mediation rather than rely on litigation to resolve as many marital issues as possible (including, by the way, issues such child custody and visitation, etc.).
- Close jointly-held credit cards.
- Keep or establish new credit in your name only.
- Contact lenders and credit card companies to request 3rd party notification if you are relying on your spouse to make payments.
- Maintain the "big picture". Prepare a practical post-divorce spending plan or budget based, hopefully, on steady sources of income.
- Prepare to downsize your lifestyle (for most people, that is).
- Contact credit reporting agencies often to ensure that your credit is not being compromised.
- Of course, seek professional LEGAL, FINANCIAL, ACCOUNTING and TAX advice !
- Keep copies of your spouse's social security number and benefits, and military benefits (if any) with your on retirement/personal documents and other information. You may be entitled to some ( a portion) of these benefits in retirement if you were married for at least 10 years, etc. [ and remain single, etc.].
- Change your will, powers of attorney and health directives as well as beneficiary designations as necessary.
_ Change beneficiary clauses in employer-provided life insurance policies and any IRAs that you may own.
Make sure your spouse has adequate life insurance and disability insurance if you will receive alimony and/or child support.
- Maintain ownership of life insurance policies to make sure your ex-spouse is paying premiums and to prevent alterations of the beneficiary clause.
- " Measure twice, cut once." Do not make important decisions about your divorce without thinking them through and consulting with your professional advisors. Many life-changing decisions can come up during a divorce.. Think carefully before acting on your emotions., etc.
- Do not believe everything other people tell you about their divorce experiences. Though presumably well-meaning, people can exaggerate, forget, embellish, or even lie (for some or no reason) their experiences. Remember: their divorce was probably traumatic for them as well. Bad thoughts, bad memories... bad stories.
Finally, please remember that in most cases, YOU and your SPOUSE are the ones getting divorced; not your children. Both parties MUST do their best to spare the kids from the nastiness, unhappiness and problems inherent in the divorce. Thank you for your cooperation.
-
The Lawyer's Mailbox: The Lawyer's Mailbox: BALTIMORE TOXIC LEAD PAINT P...
The Lawyer's Mailbox: The Lawyer's Mailbox: BALTIMORE TOXIC LEAD PAINT P...: The Lawyer's Mailbox: BALTIMORE TOXIC LEAD PAINT PREVENTION : TOP LEAD ... : www.charlesjeromeware.com " Here to make a...
ANSWERS TO LEAD PAINT QUESTIONS: BALTIMORE MARYLAND LEAD DEFENDANT LAWYERS
www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected landlord lead paint and lead poisoning defense law firm. For an initial courtesy consultation, contact us at (410) 720-6129. We can help you when you are being sued in a lead paint or lead poisoning lawsuit.
(1) How or where does Baltimore rank in terms of lead paint and lead poisoning claims ?
ANSWER: Very high. When it comes to lead paint and lead poisoning claims and lawsuits, Baltimore is virtually " ground zero." Lead poisoning in Baltimore is considered by many to be a public health crisis. Lead lawsuits are abundant in this city. Lead is particularly harmful in children under the age of 6 years.
(2) What is lead poisoning ? ANSWER : " Lead poisoning", or "Plumbism", is caused by too much lead being ingested or inhaled into the body. It can cause brain damage, mental retardation, behavioral problems, anemia, liver and kidney damage, hearing loss, hyperactivity, developmental delays, other physical and mental problems, and in extreme cases, death.
(3) Where does lead come from ? ANSWER: Lead (Pb) is an earth element [Atomic Number: 82] that has been mined and significantly produced for over 6,000 years --- since about 4,000 BC. Large lead mines in places such as Spain and Greece, etc., are known to have contributed significantly to the worldwide distribution of lead; and the Roman Empire consumed massive amounts of it in their societies for cooking utensils and vessels for carrying water and other liquids, for plumbing and viaduct purposes, in their food, and they even added it in abundance to their wine for drinking purposes, etc. Lead (Pb) is considered by many historians to be a major cause of the decline of the Roman civilization. Lead lasts ... and lasts ... and lasts. It does not dissolve in water, does not dissipate, does not decay, and does not burn. It is guesstimated that more than 10 million tons of lead residue still exists in our environment. Today, lead comes from a virtually infinite number of sources, including for example: lead paint in pre-1978 built residential units, the air we breathe, the water we drink, pipes and other plumbing fixtures, dust, soil, playgrounds, commercial buildings, job and industrial, foreign-made toys, furniture, candies, foods and drinks, cosmetics, jewelry, hobbies, batteries, other products, etc.
(4) What about lead in paint ? ANSWER: It is estimated that far more than half of the houses and apartments built before 1978 in the United States contain at least some "legacy" (old) lead paint. It should be noted that --- up until 1951 in Baltimore, and until 1978 in the rest of the United States --- leaded paint was a legal product in great demand for residential use because it was washable and durable. It was repeatedly endorsed by the Federal, state (including Maryland), and local governments, and specified for use on government buildings until the mid-1970s. Its use peaked in 1922, and by 1940 the use of white lead pigments for interiors was on the way out.
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected landlord lead paint and lead poisoning defense law firm. For an initial courtesy consultation, contact us at (410) 720-6129. We can help you when you are being sued in a lead paint or lead poisoning lawsuit.
(1) How or where does Baltimore rank in terms of lead paint and lead poisoning claims ?
ANSWER: Very high. When it comes to lead paint and lead poisoning claims and lawsuits, Baltimore is virtually " ground zero." Lead poisoning in Baltimore is considered by many to be a public health crisis. Lead lawsuits are abundant in this city. Lead is particularly harmful in children under the age of 6 years.
(2) What is lead poisoning ? ANSWER : " Lead poisoning", or "Plumbism", is caused by too much lead being ingested or inhaled into the body. It can cause brain damage, mental retardation, behavioral problems, anemia, liver and kidney damage, hearing loss, hyperactivity, developmental delays, other physical and mental problems, and in extreme cases, death.
(3) Where does lead come from ? ANSWER: Lead (Pb) is an earth element [Atomic Number: 82] that has been mined and significantly produced for over 6,000 years --- since about 4,000 BC. Large lead mines in places such as Spain and Greece, etc., are known to have contributed significantly to the worldwide distribution of lead; and the Roman Empire consumed massive amounts of it in their societies for cooking utensils and vessels for carrying water and other liquids, for plumbing and viaduct purposes, in their food, and they even added it in abundance to their wine for drinking purposes, etc. Lead (Pb) is considered by many historians to be a major cause of the decline of the Roman civilization. Lead lasts ... and lasts ... and lasts. It does not dissolve in water, does not dissipate, does not decay, and does not burn. It is guesstimated that more than 10 million tons of lead residue still exists in our environment. Today, lead comes from a virtually infinite number of sources, including for example: lead paint in pre-1978 built residential units, the air we breathe, the water we drink, pipes and other plumbing fixtures, dust, soil, playgrounds, commercial buildings, job and industrial, foreign-made toys, furniture, candies, foods and drinks, cosmetics, jewelry, hobbies, batteries, other products, etc.
(4) What about lead in paint ? ANSWER: It is estimated that far more than half of the houses and apartments built before 1978 in the United States contain at least some "legacy" (old) lead paint. It should be noted that --- up until 1951 in Baltimore, and until 1978 in the rest of the United States --- leaded paint was a legal product in great demand for residential use because it was washable and durable. It was repeatedly endorsed by the Federal, state (including Maryland), and local governments, and specified for use on government buildings until the mid-1970s. Its use peaked in 1922, and by 1940 the use of white lead pigments for interiors was on the way out.
The Lawyer's Mailbox: BALTIMORE TOXIC LEAD PAINT PREVENTION : TOP LEAD ...
The Lawyer's Mailbox: BALTIMORE TOXIC LEAD PAINT PREVENTION : TOP LEAD ...: www.charlesjeromeware.com " Here to make a Difference." Charles Jerome Ware, LLC is a premier, Maryland-based, nationa...
BALTIMORE TOXIC LEAD PAINT PREVENTION : TOP LEAD DEFENSE ATTORNEYS
www.charlesjeromeware.com " Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected landlord lead paint poisoning defense law firm. For an initial courtesy consultation, contact us at (410) 720-6129. We can help you when you are being sued for lead poisoning.
Prevention of toxic lead exposure, particularly to children under the age of 6, is critical in the promotion of lifelong good health in the Baltimore metropolitan area. Though toxic lead has many sources in Baltimore, including (1) the air we breathe, (2) the water we drink, (3) dust, (4) soil, (5) playgrounds, (6) pipes and (7) other plumbing fixtures, (8) job and industrial sites, (9) home and folk remedies, etc., the target source in Baltimore is the pre 1978-built residential unit. The effects of lead poisoning essentially cannot be corrected. There are many ways, however, that a child's exposure to toxic lead can be reduced in Baltimore.
When it comes to the issue of toxic lead paint, it is important to note that "uninterrupted" lead paint is not considered harmful to the body. It is when lead paint is ingested or inhaled that it can become harmful to the body. Humans (and particularly children) can eat, chew, ingest or inhale lead paint when it is chipped, peeled, scraped, in dust form, in the air we breathe, etc. Since was banned for residential use by the Federal government in 1978, it is the apartment or home constructed before 1978 that is of primary concern.
In Baltimore :
- Assume that residential units built before 1978 contain at least some "legacy" (old) lead paint somewhere, unless the unit has been certified "lead free" by a lead-certified/accredited/licensed inspector approved by the Maryland Department of the Environment (MDE). By Maryland law, only use MDE-lead certified contractors for any renovation or home improvement work.
- Be aware that children under the age of 6 years old are at risk of lead poisoning because they are growing so rapidly and because they have a tendency to put their hands or other objects in their mouths, which may be contaminated with lead dust.
- Children living at or below the poverty line who live in older (pre 1978-built) housing are at greater risk of lead poisoning ("plumbism").
- Talk to your state or local health department about testing paint and dust in the residential unit.
- Make sure children do not have access to peeling or chipped paint, or chewable surfaces painted with lead-based paint.
- Create barriers between living/play areas and lead (Pb) sources.
- Children in these residential units should regularly wash their hands and toys.
- Floors in these homes should be regularly wet-mopped and window sills (and components) should be wet-wiped.
- Children should be dissuaded from playing in bare (no grass) soil. I f possible, provide them with sandboxes.
- Avoid using traditional folk remedies; many of them contain leaded ingredients.
- Be very careful of toys and furniture from China,etc. (other countries).
- Avoid eating candies from Mexico [ www.cdc.gov/nceh/lead/tips].
- Avoid using cooking utensils, containers, drinking vessel, etc., that are proven to be lead-free.
- Take necessary precautions with drinking water; etc.
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected landlord lead paint poisoning defense law firm. For an initial courtesy consultation, contact us at (410) 720-6129. We can help you when you are being sued for lead poisoning.
Prevention of toxic lead exposure, particularly to children under the age of 6, is critical in the promotion of lifelong good health in the Baltimore metropolitan area. Though toxic lead has many sources in Baltimore, including (1) the air we breathe, (2) the water we drink, (3) dust, (4) soil, (5) playgrounds, (6) pipes and (7) other plumbing fixtures, (8) job and industrial sites, (9) home and folk remedies, etc., the target source in Baltimore is the pre 1978-built residential unit. The effects of lead poisoning essentially cannot be corrected. There are many ways, however, that a child's exposure to toxic lead can be reduced in Baltimore.
When it comes to the issue of toxic lead paint, it is important to note that "uninterrupted" lead paint is not considered harmful to the body. It is when lead paint is ingested or inhaled that it can become harmful to the body. Humans (and particularly children) can eat, chew, ingest or inhale lead paint when it is chipped, peeled, scraped, in dust form, in the air we breathe, etc. Since was banned for residential use by the Federal government in 1978, it is the apartment or home constructed before 1978 that is of primary concern.
In Baltimore :
- Assume that residential units built before 1978 contain at least some "legacy" (old) lead paint somewhere, unless the unit has been certified "lead free" by a lead-certified/accredited/licensed inspector approved by the Maryland Department of the Environment (MDE). By Maryland law, only use MDE-lead certified contractors for any renovation or home improvement work.
- Be aware that children under the age of 6 years old are at risk of lead poisoning because they are growing so rapidly and because they have a tendency to put their hands or other objects in their mouths, which may be contaminated with lead dust.
- Children living at or below the poverty line who live in older (pre 1978-built) housing are at greater risk of lead poisoning ("plumbism").
- Talk to your state or local health department about testing paint and dust in the residential unit.
- Make sure children do not have access to peeling or chipped paint, or chewable surfaces painted with lead-based paint.
- Create barriers between living/play areas and lead (Pb) sources.
- Children in these residential units should regularly wash their hands and toys.
- Floors in these homes should be regularly wet-mopped and window sills (and components) should be wet-wiped.
- Children should be dissuaded from playing in bare (no grass) soil. I f possible, provide them with sandboxes.
- Avoid using traditional folk remedies; many of them contain leaded ingredients.
- Be very careful of toys and furniture from China,etc. (other countries).
- Avoid eating candies from Mexico [ www.cdc.gov/nceh/lead/tips].
- Avoid using cooking utensils, containers, drinking vessel, etc., that are proven to be lead-free.
- Take necessary precautions with drinking water; etc.
Thursday, August 13, 2015
HO. CO. & MARYLAND DUI & DWI DEFENSE TIPS : " BEST 10 " DRUNK DRIVING ATTORNEY CHARLES WARE
www.charlesjeromeware.com " Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based and nationally respected as a successful "BEST 10 MARYLAND DUI AND DWI ATTORNEY" [AIDUIA]. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you.
Drunk driving laws is Maryland can be complex, and enforcement is both rigorous and stringent.
DUI and DWI enforcement in Maryland may not be as tough as ,say, Arizona --- but it is certainly tough enough to be of major concern if you drink alcohol and drive. A drunk driving conviction can have negative life-changing effects. One should take these charges very seriously.
Ther are actually several defenses that can be made in your DUI or DWI case. Not all will apply at the same time, of course. But, there are always defenses. Law enforcementwould have you believe that drunk driving case are based in hard scientific evidence. That is not true. DUI and DWI enforcement rest, in reality, on "junk science" or so-called "pseudo-science". The problem is that the judicial system (police, prosecutors, judges, juries and even many defense attorneys) have come to rely on this "junk science" to the detriment of many innocent people.
Just a few of the many defenses to drunk driving arrests and charges include :
(1) The police officer lacked sufficient justification to make the drunk driving stop. By law, police officers cannot pull you over arbitrarily. There must be reasonableness in the stop.
(2) There are innocent reasons associated with your faulty driving that are unrelated to your drinking (such as ill health reasons --- including Diabetes, etc.).
(3) Weaving " within your driving lane" does not justify a valid police stop.
(4) Gastroesophageal Reflux Disease (GERD) --- commonly called acid reflux or heartburn --- can "fool" the DUI breath devices, causing an inaccurate and falsely high reading of the blood alcohol level.
(4) Simple alcohol on the driver's breath , without more evidence, simply does not mean the driver is driving under the influence. First of all, alcohol itself (ethanol) has no odor. Rather, it is the mixing agent or flavoring that produces the odor we have come to associate with alcohol. For the non-alcoholic beverage named "O'Doul's" tastes and smells like beer.
(5) Even after the stop, the police officer --- after further investigation --- can lack probable cause to make an arrest. Having reasonable suspicion to make a stop does not automatically mean the officer has probable cause to make an arrest. There must be more evidence for an arrest.
(6) Improper administering of the field sobriety tests (FSTs) by the officer.
(7) Inaccurate interpretation of the results of the FSTs by the officer.
(8) Improper administering of the breath test by the officer or technician.
(9) Inaccurate interpretation of the breath test by the officer or technician.
(10) Inherent error rate in DUI Blood and Breath tests.
(11) Improper administering of the DUI blood test; and many others.
Premier defense attorney Charles Jerome Ware is Maryland-based and nationally respected as a successful "BEST 10 MARYLAND DUI AND DWI ATTORNEY" [AIDUIA]. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you.
Drunk driving laws is Maryland can be complex, and enforcement is both rigorous and stringent.
DUI and DWI enforcement in Maryland may not be as tough as ,say, Arizona --- but it is certainly tough enough to be of major concern if you drink alcohol and drive. A drunk driving conviction can have negative life-changing effects. One should take these charges very seriously.
Ther are actually several defenses that can be made in your DUI or DWI case. Not all will apply at the same time, of course. But, there are always defenses. Law enforcementwould have you believe that drunk driving case are based in hard scientific evidence. That is not true. DUI and DWI enforcement rest, in reality, on "junk science" or so-called "pseudo-science". The problem is that the judicial system (police, prosecutors, judges, juries and even many defense attorneys) have come to rely on this "junk science" to the detriment of many innocent people.
Just a few of the many defenses to drunk driving arrests and charges include :
(1) The police officer lacked sufficient justification to make the drunk driving stop. By law, police officers cannot pull you over arbitrarily. There must be reasonableness in the stop.
(2) There are innocent reasons associated with your faulty driving that are unrelated to your drinking (such as ill health reasons --- including Diabetes, etc.).
(3) Weaving " within your driving lane" does not justify a valid police stop.
(4) Gastroesophageal Reflux Disease (GERD) --- commonly called acid reflux or heartburn --- can "fool" the DUI breath devices, causing an inaccurate and falsely high reading of the blood alcohol level.
(4) Simple alcohol on the driver's breath , without more evidence, simply does not mean the driver is driving under the influence. First of all, alcohol itself (ethanol) has no odor. Rather, it is the mixing agent or flavoring that produces the odor we have come to associate with alcohol. For the non-alcoholic beverage named "O'Doul's" tastes and smells like beer.
(5) Even after the stop, the police officer --- after further investigation --- can lack probable cause to make an arrest. Having reasonable suspicion to make a stop does not automatically mean the officer has probable cause to make an arrest. There must be more evidence for an arrest.
(6) Improper administering of the field sobriety tests (FSTs) by the officer.
(7) Inaccurate interpretation of the results of the FSTs by the officer.
(8) Improper administering of the breath test by the officer or technician.
(9) Inaccurate interpretation of the breath test by the officer or technician.
(10) Inherent error rate in DUI Blood and Breath tests.
(11) Improper administering of the DUI blood test; and many others.
Tuesday, August 11, 2015
The Lawyer's Mailbox: HO. CO. MARYLAND " TOP 10 DIVORCE & FAMILY LAW ATT...
The Lawyer's Mailbox: HO. CO. MARYLAND " TOP 10 DIVORCE & FAMILY LAW ATT...: www.charlesjeromeware.com " Here to make a Difference." Charles Jerome Ware is a premier, Maryland-based, nationally-rec...
HO. CO. MARYLAND " TOP 10 DIVORCE & FAMILY LAW ATTORNEY" : CHARLES WARE
www.charlesjeromeware.com " Here to make a Difference."
Charles Jerome Ware is a premier, Maryland-based, nationally-recognized and respected Divorce and family law attorney. Indeed, Attorney Ware is ranked as one of Howard County's "TOP 10" matrimonial and family matters lawyers [ see,www.primebuyersreport.org]. For an initial courtesy consultation, contact the law firm of Charles Jerome Ware, LLC at (410) 720-6129. We can help you.
Charles Jerome Ware is a premier, Maryland-based, nationally-recognized and respected Divorce and family law attorney. Indeed, Attorney Ware is ranked as one of Howard County's "TOP 10" matrimonial and family matters lawyers [ see,www.primebuyersreport.org]. For an initial courtesy consultation, contact the law firm of Charles Jerome Ware, LLC at (410) 720-6129. We can help you.
Monday, August 10, 2015
The Lawyer's Mailbox: BREATHALYZERS UNFAIR TO WOMEN : MARYLAND "BEST 10...
The Lawyer's Mailbox: BREATHALYZERS UNFAIR TO WOMEN : MARYLAND "BEST 10...: www.charlesjeromeware.com " Here to make a Difference." Charles Jerome Ware is a premier, Maryland-based, nationa...
BREATHALYZERS UNFAIR TO WOMEN : MARYLAND "BEST 10" DUI & DWI ATTORNEYS- HOWARD COUNTY
www.charlesjeromeware.com " Here to make a Difference."
Charles Jerome Ware is a premier, Maryland-based, nationally-recognized and respected, " Maryland BEST 10 DUI and DWI Attorney". For an initial courtesy consultation, contact him at (410) 720-6129. He can help you .
BREATHALYZERS DISCRIMINATE AGAINST WOMEN IN DUI & DWI CASES
Women are different from men in how they absorb and metabolize alcohol. Women have less water in their bodies and more adipose tissue, or fat, which is not easily penetrated by alcohol. This , consequentially, causes women to reach higher blood alcohol concentration (BAC) levels faster than men.
Breathalyzers have had a long history over their lack of effectiveness and lack of scientific validity when used as evidence in courts. It is allegedly based upon the "perfectly average person". The problem is, there is no such"perfectly average person". There is across-the-board variability in blood-to-breath ratios in each and every individual.
Another of many factors to consider in the breathalyzer bias against women is that women may experience fluctuations in hormone levels during their menstrual cycles that may further affect the rate at which women metabolize alcohol. This can cause a breathalyzer device to over-estimate or over-report a woman's true blood alcohol concentration (BAC) level. There are many other factors as well which can contribute to bias against women by the breathalyzer.
Charles Jerome Ware is a premier, Maryland-based, nationally-recognized and respected, " Maryland BEST 10 DUI and DWI Attorney". For an initial courtesy consultation, contact him at (410) 720-6129. He can help you .
BREATHALYZERS DISCRIMINATE AGAINST WOMEN IN DUI & DWI CASES
Women are different from men in how they absorb and metabolize alcohol. Women have less water in their bodies and more adipose tissue, or fat, which is not easily penetrated by alcohol. This , consequentially, causes women to reach higher blood alcohol concentration (BAC) levels faster than men.
Breathalyzers have had a long history over their lack of effectiveness and lack of scientific validity when used as evidence in courts. It is allegedly based upon the "perfectly average person". The problem is, there is no such"perfectly average person". There is across-the-board variability in blood-to-breath ratios in each and every individual.
Another of many factors to consider in the breathalyzer bias against women is that women may experience fluctuations in hormone levels during their menstrual cycles that may further affect the rate at which women metabolize alcohol. This can cause a breathalyzer device to over-estimate or over-report a woman's true blood alcohol concentration (BAC) level. There are many other factors as well which can contribute to bias against women by the breathalyzer.
The Lawyer's Mailbox: HOWARD CO. & MARYLAND DUI ISSUES FOR FEMALES : "B...
The Lawyer's Mailbox: HOWARD CO. & MARYLAND DUI ISSUES FOR FEMALES : "B...: www.charlesjeromeware.com "Here to make a Difference." Charles Jerome Ware, LLC is a premier, Maryland-based, nati...
HOWARD CO. & MARYLAND DUI ISSUES FOR FEMALES : "BEST 10 DUI & DWI ATTORNEYS"
www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected, "Maryland Best 10 DUI and DWI Attorneys" law firm [AIDUIA]. For an initial courtesy consultation, contact us at (410) 720-6129. We can help you when you have been charged or arrested for drunk driving.
Studies have shown that more and more females are being arrested for DUI and DWI than ever before. A female's unique physiology deals with alcohol differently than a male's. Therefore, females have defenses that are not available to males in their DUI and DWI cases.
Some studies show that a female's alcohol metabolism is affected by the phase of the menstrual cycle and can also be affected by oral contraceptives. Other studies indicate that females have less alcohol metabolizing enzyme in their stomachs, as well as having smaller volumes of distribution.
If you are a female charged with drunk driving, call us because we understand you unique issues and can present them to your best advantage.
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected, "Maryland Best 10 DUI and DWI Attorneys" law firm [AIDUIA]. For an initial courtesy consultation, contact us at (410) 720-6129. We can help you when you have been charged or arrested for drunk driving.
Studies have shown that more and more females are being arrested for DUI and DWI than ever before. A female's unique physiology deals with alcohol differently than a male's. Therefore, females have defenses that are not available to males in their DUI and DWI cases.
Some studies show that a female's alcohol metabolism is affected by the phase of the menstrual cycle and can also be affected by oral contraceptives. Other studies indicate that females have less alcohol metabolizing enzyme in their stomachs, as well as having smaller volumes of distribution.
If you are a female charged with drunk driving, call us because we understand you unique issues and can present them to your best advantage.
Sunday, August 9, 2015
The Lawyer's Mailbox: MAXIMIZING SUCCESS IN MARYLAND DIVORCE CASES : HOW...
The Lawyer's Mailbox: MAXIMIZING SUCCESS IN MARYLAND DIVORCE CASES : HOW...: www.charlesjeromeware.com "Here to make a Difference." Charles Jerome Ware, LLC is a premier, Maryland-based, nat...
MAXIMIZING SUCCESS IN MARYLAND DIVORCE CASES : HOWARD COUNTY " BEST 10" DIVORCE ATTORNEYS
www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected divorce and family law firm. For an initial courtesy consultation, contact the firm at (41)0 720-6129.
Under Maryland law, "marriage" is a civil contract between two people. A "divorce" under Maryland law is a legal ending of a marriage, which is ordered by a Maryland Circuit Court. Marriage and divorce in Maryland must comply with established Maryland law. There are two types of divorce in Maryland : (1) a "limited divorce" which, in reality, is actually a legal separation; and does not end the marriage; and (2) an "absolute divorce", which is a final and permanent termination or dissolution of the marriage. It is the absolute divorce that comes with a "divorce decree" from the Circuit Court.
Regardless of where (jurisdiction) the parties were originally married, in order for them to obtain an absolute divorce or even a limited divorce in Maryland they must meet certain statutory residency requirements. If the cause of action did not occur in Maryland, there is a one-year residency requirement in this state, unless the reason for the divorce is based on insanity. If the cause of action is based on insanity, there is a two-year residency requirement.
Grounds for a limited divorce in Maryland include: (1) voluntary separation ; (2) desertion; and (3) cruel treatment and excessively vicious conduct. An order of limited divorce may establish child custody, child support, spousal support, and use and possession of property, etc.
Grounds for an absolute divorce in Maryland include : (1) one-year separation; (2) adultery; (3) desertion; (4) cruel treatment; (5) insanity; and (5) incarceration. A decree of absolute divorce may provide for : division of marital property, custody of children, payment of child support, payment of alimony, use of last name, etc.
Divorce can be very traumatic. When a marriage ends in divorce, spouses and children (if any) frequently face tumultuously stressful and life-changing events : new living arrangements, property and money, change of schedules, different environments, etc. There are some basic points we like to state to our clients involved in divorce : (1) Divorce is not about "winning"; it is about successfully "surviving" this ordeal; (2) Do not make important decisions in your divorce without consulting with your attorney and without thinking through you decisions very carefully ["Measure twice, cut once"];
(3) With all due respect, do not believe everything other people tell you about their divorce [ Every divorce is uniquely different]; and (4) Do not focus on the past bad things that happened to you in the marriage [ Focus on the "big picture" -- your future].
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected divorce and family law firm. For an initial courtesy consultation, contact the firm at (41)0 720-6129.
Under Maryland law, "marriage" is a civil contract between two people. A "divorce" under Maryland law is a legal ending of a marriage, which is ordered by a Maryland Circuit Court. Marriage and divorce in Maryland must comply with established Maryland law. There are two types of divorce in Maryland : (1) a "limited divorce" which, in reality, is actually a legal separation; and does not end the marriage; and (2) an "absolute divorce", which is a final and permanent termination or dissolution of the marriage. It is the absolute divorce that comes with a "divorce decree" from the Circuit Court.
Regardless of where (jurisdiction) the parties were originally married, in order for them to obtain an absolute divorce or even a limited divorce in Maryland they must meet certain statutory residency requirements. If the cause of action did not occur in Maryland, there is a one-year residency requirement in this state, unless the reason for the divorce is based on insanity. If the cause of action is based on insanity, there is a two-year residency requirement.
Grounds for a limited divorce in Maryland include: (1) voluntary separation ; (2) desertion; and (3) cruel treatment and excessively vicious conduct. An order of limited divorce may establish child custody, child support, spousal support, and use and possession of property, etc.
Grounds for an absolute divorce in Maryland include : (1) one-year separation; (2) adultery; (3) desertion; (4) cruel treatment; (5) insanity; and (5) incarceration. A decree of absolute divorce may provide for : division of marital property, custody of children, payment of child support, payment of alimony, use of last name, etc.
Divorce can be very traumatic. When a marriage ends in divorce, spouses and children (if any) frequently face tumultuously stressful and life-changing events : new living arrangements, property and money, change of schedules, different environments, etc. There are some basic points we like to state to our clients involved in divorce : (1) Divorce is not about "winning"; it is about successfully "surviving" this ordeal; (2) Do not make important decisions in your divorce without consulting with your attorney and without thinking through you decisions very carefully ["Measure twice, cut once"];
(3) With all due respect, do not believe everything other people tell you about their divorce [ Every divorce is uniquely different]; and (4) Do not focus on the past bad things that happened to you in the marriage [ Focus on the "big picture" -- your future].
The Lawyer's Mailbox: MAXIMIZING BALTIMORE MARYLAND LANDLORD LEAD POISON...
The Lawyer's Mailbox: MAXIMIZING BALTIMORE MARYLAND LANDLORD LEAD POISON...: www.charlesjeromeware.com "Here to make a Difference." Charles Jerome Ware, LLC is a premier, Maryland-based, nat...
MAXIMIZING BALTIMORE MARYLAND LANDLORD LEAD POISONING DEFENSES - www.charlesjeromeware.com
www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected landlord lead paint and lead poisoning defense law firm. For an initial courtesy consultation, contact us at (41)) 720-6129. We can help you when you are being sued in lead paint and lead poisoning cases.
Lead paint cases are ubiquitous in Baltimore. A key reason is because lead poisoning is considered by many to be a public health crisis in the Baltimore area. Indeed, numerous judges and commentators have suggested that in certain circumstances lead poisoning cases are "indefensible". We, at the national law firm of Charles Jerome Ware, LLC, respectfully disagree. It is our successful experience over a number of years that lead poisoning claims can be defended on a number of legal grounds.
First and foremost, lead poisoning in Baltimore can come from numerous sources, including :
the air we breathe, soil, dust, drinking water, pipes, plumbing, trees, plants, flowers, playgrounds,, food and drinks, job sites, other industrial sites (both active and abandoned),batteries, cosmetics, jewelry, hobbies, folk and home remedies, furniture, toys, commercial buildings,etc., and from pre-1978 built houses and apartments.
Since the overwhelming number of lead poisoning cases brought in Baltimore are lead paint cases brought against landlords and other pre-1978 built homeowners, I will focus on the problem of defending against residential lead paint poisoning lawsuits.
Lead dust generated from residential renovation and lead abatement (lead removal) work is a major source of toxic lead that can be ingested and inhaled by people, particularly children up to age 6 Lead also has a sweet taste that can entice children to chew on it, eat it, or inhale it sufficiently to cause harm to the body. Landlords must be vigilant in hiring only Maryland Department of the Environment (MDE)-certified or accredited contractors and supervisors for any renovation and lead abatement on residential rental properties. Maryland law requires it. "Uninterrupted" lead paint is generally not harmful to the human body. It is when lead paint is "interrupted" (i.e., chipped, peeled, flaked, dust, etc.) and ingested or inhaled that it can harmful when consumed in sufficient quantities.
Further, in an effort to reduce potential lead poisoning claims and assist in the defense against lead paint poisoning lawsuits, we recommend that landlords adopt and follow these preventative measures:
(1) Prior to renting the residence to a new tenant, require the prospective tenant to disclose the names and ages of all persons who will reside in the residence.
(2) Inspect the residence with the prospective tenant and require the tenant to sign an inspection sheet confirming that each room is free of peeling, flaking, or other defective paint conditions.
(3) Conduct periodic inspections of each residence and follow the same procedure with respect to the maintenance of inspection sheets signed by tenants.
(4) Treat all complaints by tenants of peeling, chipped or flaking paint conditions as emergencies requiring immediate attention.
(5) Retained MDE-certified and insured contractors with experience in the field to perform any required lead removal or abatement work.
(6) If denied access to the residence by the tenant to perform an inspection or maintenance work, document the denial within the tenant's folder and follow-up with a letter to the tenant confirming the failure to gain access to the residence.
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected landlord lead paint and lead poisoning defense law firm. For an initial courtesy consultation, contact us at (41)) 720-6129. We can help you when you are being sued in lead paint and lead poisoning cases.
Lead paint cases are ubiquitous in Baltimore. A key reason is because lead poisoning is considered by many to be a public health crisis in the Baltimore area. Indeed, numerous judges and commentators have suggested that in certain circumstances lead poisoning cases are "indefensible". We, at the national law firm of Charles Jerome Ware, LLC, respectfully disagree. It is our successful experience over a number of years that lead poisoning claims can be defended on a number of legal grounds.
First and foremost, lead poisoning in Baltimore can come from numerous sources, including :
the air we breathe, soil, dust, drinking water, pipes, plumbing, trees, plants, flowers, playgrounds,, food and drinks, job sites, other industrial sites (both active and abandoned),batteries, cosmetics, jewelry, hobbies, folk and home remedies, furniture, toys, commercial buildings,etc., and from pre-1978 built houses and apartments.
Since the overwhelming number of lead poisoning cases brought in Baltimore are lead paint cases brought against landlords and other pre-1978 built homeowners, I will focus on the problem of defending against residential lead paint poisoning lawsuits.
Lead dust generated from residential renovation and lead abatement (lead removal) work is a major source of toxic lead that can be ingested and inhaled by people, particularly children up to age 6 Lead also has a sweet taste that can entice children to chew on it, eat it, or inhale it sufficiently to cause harm to the body. Landlords must be vigilant in hiring only Maryland Department of the Environment (MDE)-certified or accredited contractors and supervisors for any renovation and lead abatement on residential rental properties. Maryland law requires it. "Uninterrupted" lead paint is generally not harmful to the human body. It is when lead paint is "interrupted" (i.e., chipped, peeled, flaked, dust, etc.) and ingested or inhaled that it can harmful when consumed in sufficient quantities.
Further, in an effort to reduce potential lead poisoning claims and assist in the defense against lead paint poisoning lawsuits, we recommend that landlords adopt and follow these preventative measures:
(1) Prior to renting the residence to a new tenant, require the prospective tenant to disclose the names and ages of all persons who will reside in the residence.
(2) Inspect the residence with the prospective tenant and require the tenant to sign an inspection sheet confirming that each room is free of peeling, flaking, or other defective paint conditions.
(3) Conduct periodic inspections of each residence and follow the same procedure with respect to the maintenance of inspection sheets signed by tenants.
(4) Treat all complaints by tenants of peeling, chipped or flaking paint conditions as emergencies requiring immediate attention.
(5) Retained MDE-certified and insured contractors with experience in the field to perform any required lead removal or abatement work.
(6) If denied access to the residence by the tenant to perform an inspection or maintenance work, document the denial within the tenant's folder and follow-up with a letter to the tenant confirming the failure to gain access to the residence.
Saturday, August 8, 2015
The Lawyer's Mailbox: MAXIMIZING MARYLAND CAR CRASH SETTLEMENTS : Charle...
The Lawyer's Mailbox: MAXIMIZING MARYLAND CAR CRASH SETTLEMENTS : Charle...: www.charlesjeromeware.com "Here to make a Difference." Charles Jerome Ware, LLC is a premier, Maryland-based,...
MAXIMIZING MARYLAND CAR CRASH SETTLEMENTS : Charles Jerome Ware, LLC, Attorneys
www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected car crash personal injury law firm. For a courtesy consultation, contact us at (410) 720-6129. We can help you maximize your car crash settlement claim.
For success in maximizing your claim, you must understand two things: (a) how the settlement process works, and (b) the settlement value of your crash claim.
There are two possible types of damages from the car crash : (a) the personal injuries you received from the car crash, and (b) the damages to your car. Both are based upon documentation, documentation and documentation.
From the time your car crash occurs, until the time you and your attorney submit your claim for damages, you should collect and preserve all evidence of the accident that documents the cause of your crash and answers this question : How has this car accident affected my life? The evidence you gather should include, among other things:
(a) The facts of how this accident occurred, with supporting documentation such as pictures, police reports, witness names, addresses and statements, etc.
(b) From there on keep a diary of important accident-related information.
(c) Medical records (including emergency room records) showing what injuries you received, how they were treated, and how well you recovered.
(d) Medical bills that you incurred to treat you car crash injuries.
(e) A statement verifying any loss of income that you experienced from your car accident.
(f) Documentation of any other financial losses that you had as a result of your car crash.
(g) Evidence of your pain and suffering, including your physician's opinion and/or prognosis.
Once you have completely recovered from your injuries,or, if you have not completely recovered but for personal reason desire to "close the case" --- you and your attorney should submit this complete information to the proper insurance company in a demand letter. At that point, it becomes a matter of negotiation between the insurance company and you (and your attorney)..
Generally, your final settlement will be negotiated based upon the following : (a) your medical bills, (b) your lost income, and (c) your pain and suffering.
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected car crash personal injury law firm. For a courtesy consultation, contact us at (410) 720-6129. We can help you maximize your car crash settlement claim.
For success in maximizing your claim, you must understand two things: (a) how the settlement process works, and (b) the settlement value of your crash claim.
There are two possible types of damages from the car crash : (a) the personal injuries you received from the car crash, and (b) the damages to your car. Both are based upon documentation, documentation and documentation.
From the time your car crash occurs, until the time you and your attorney submit your claim for damages, you should collect and preserve all evidence of the accident that documents the cause of your crash and answers this question : How has this car accident affected my life? The evidence you gather should include, among other things:
(a) The facts of how this accident occurred, with supporting documentation such as pictures, police reports, witness names, addresses and statements, etc.
(b) From there on keep a diary of important accident-related information.
(c) Medical records (including emergency room records) showing what injuries you received, how they were treated, and how well you recovered.
(d) Medical bills that you incurred to treat you car crash injuries.
(e) A statement verifying any loss of income that you experienced from your car accident.
(f) Documentation of any other financial losses that you had as a result of your car crash.
(g) Evidence of your pain and suffering, including your physician's opinion and/or prognosis.
Once you have completely recovered from your injuries,or, if you have not completely recovered but for personal reason desire to "close the case" --- you and your attorney should submit this complete information to the proper insurance company in a demand letter. At that point, it becomes a matter of negotiation between the insurance company and you (and your attorney)..
Generally, your final settlement will be negotiated based upon the following : (a) your medical bills, (b) your lost income, and (c) your pain and suffering.
BALTIMORE LANDLORD LEAD ABATEMENT 101 : MARYLAND LEAD PAINT DEFENSE ATTORNEYS
www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected landlord lead paint defense law firm. For an initial courtesy consultation, contact us at (410) 720-6129. We can help you when you have been sued in a lead poisoning case.
Lead-based paint sales disappeared for residential use in Baltimore housing in 1951, pursuant to Baltimore law. This was the first such restriction on residential lead paint use in the country. Further, lead-based paint sales disappeared pursuant to a Federal law ban in 1978. No houses or apartments constructed in Baltimore since 1978 should contain lead-based paint.
Landlords should be aware when purchasing and renting apartments and house in Baltimore of the year 1978. Pre-1978 built residential properties most likely contain some form of legacy (old) lead paint. Post-1978-constructed residential properties do not contain lead-based paint.
As of December 6, 1996, Federal law requires the disclosure of any known lead hazard in a residential property up for sale or lease. There are only a few exceptions. Sellers and landlords must issue a written notice about the known condition of their properties if they were built before 1978. There is no requirement to test for lead or remove lead, but the 1992 Residential Lead-Based Paint Hazard Reduction Act requires certain forms be filled out and notification given. Regardless of the knowledge the seller or landlord has about lead paints used in the residential property, written notification of the possibility and hazard must be given (unless it has been proven there is no lead-based paint in the dwelling). It is a proactive requirement; it is not possible to comply with the law by taking no action.
One of the biggest sources of toxic lead is lead dust generated from residential renovation, lead removal, and lead abatement projects. Landlords must use qualified people for this work.
Anyone who acts as a supervisor or contractor for the purpose of abating lead paint shall be accredited by the Maryland Department of the Environment (MDE). Workers who perform purposeful lead abatementshall be trained by a training provider approved by MDE. Lead paint abatement work includes any activity that eliminates or reduces lead paint hazards, including paint removal, replacement of components, encapsulation, or repainting. Examples of people who provide lead paint services include inspectors, trainers, and supervisors.
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected landlord lead paint defense law firm. For an initial courtesy consultation, contact us at (410) 720-6129. We can help you when you have been sued in a lead poisoning case.
Lead-based paint sales disappeared for residential use in Baltimore housing in 1951, pursuant to Baltimore law. This was the first such restriction on residential lead paint use in the country. Further, lead-based paint sales disappeared pursuant to a Federal law ban in 1978. No houses or apartments constructed in Baltimore since 1978 should contain lead-based paint.
Landlords should be aware when purchasing and renting apartments and house in Baltimore of the year 1978. Pre-1978 built residential properties most likely contain some form of legacy (old) lead paint. Post-1978-constructed residential properties do not contain lead-based paint.
As of December 6, 1996, Federal law requires the disclosure of any known lead hazard in a residential property up for sale or lease. There are only a few exceptions. Sellers and landlords must issue a written notice about the known condition of their properties if they were built before 1978. There is no requirement to test for lead or remove lead, but the 1992 Residential Lead-Based Paint Hazard Reduction Act requires certain forms be filled out and notification given. Regardless of the knowledge the seller or landlord has about lead paints used in the residential property, written notification of the possibility and hazard must be given (unless it has been proven there is no lead-based paint in the dwelling). It is a proactive requirement; it is not possible to comply with the law by taking no action.
One of the biggest sources of toxic lead is lead dust generated from residential renovation, lead removal, and lead abatement projects. Landlords must use qualified people for this work.
Anyone who acts as a supervisor or contractor for the purpose of abating lead paint shall be accredited by the Maryland Department of the Environment (MDE). Workers who perform purposeful lead abatementshall be trained by a training provider approved by MDE. Lead paint abatement work includes any activity that eliminates or reduces lead paint hazards, including paint removal, replacement of components, encapsulation, or repainting. Examples of people who provide lead paint services include inspectors, trainers, and supervisors.
Friday, August 7, 2015
The Lawyer's Mailbox: BALTIMORE MARYLAND LANDLORD LEAD DISCLOSURE RULES ...
The Lawyer's Mailbox: BALTIMORE MARYLAND LANDLORD LEAD DISCLOSURE RULES ...: www.charlesjeromeware.com "Here to make a Difference." Charles Jerome Ware, LLC is a premier, Maryland-based, n...
BALTIMORE MARYLAND LANDLORD LEAD DISCLOSURE RULES : LEAD DEFENSE LAWYERS
www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected landlord lead paint and lead poisoning defense law firm For an initial courtesy consultation contact the firm at (410) 720-6129. We can help you when you are named as a defendant in a lead paint or lead poisoning lawsuit.
Baltimore, Maryland is subject to both Maryland State and Federal lead disclosure rules. The Federal Real Estate Notification Rule ( also known as " the Lead Disclosure Rule" or "the Disclosure Rule") is a right-to-know law that requires notification and disclosure of certain lead-based paint information. The Rule took effect on September 6, 1996 (for sellers and lessors of five or more residential dwelling units), and on December 6, 1996 ( for sellers or lessors of one to four residential dwelling units). One "residential dwelling unit" would be one apartment in a multi-unit apartment building. A single rowhouse, or townhouse, is considered to be one residential dwelling unit. A rowhouse divided into two apartments is considered to be two units.
Exceptions to the Lead Disclosure Rule can occur when the residential unit being leased or purchased is a zero bedroom dwelling; if it is housing for the elderly (and no children under the age of 6 reside there); or if the unit has been certified as "lead-based paint free" by a certified lead-based paint inspector or risk assessor, then the Lead Disclosure Rule does not apply.
The Lead Disclosure Rule was enacted to inform tenants and purchasers of pre-1978 built residential properties about the dangers of lead-based paint and to require disclosure of any actual (documented) knowledge of lead-based paint. The Rule also requires that such notification and disclosure to a tenant or purchaser be provided and documented before the tenant or purchaser becomes obligated under a lease or sale agreement, to lease or purchase a pre-1978 residential rental property.
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected landlord lead paint and lead poisoning defense law firm For an initial courtesy consultation contact the firm at (410) 720-6129. We can help you when you are named as a defendant in a lead paint or lead poisoning lawsuit.
Baltimore, Maryland is subject to both Maryland State and Federal lead disclosure rules. The Federal Real Estate Notification Rule ( also known as " the Lead Disclosure Rule" or "the Disclosure Rule") is a right-to-know law that requires notification and disclosure of certain lead-based paint information. The Rule took effect on September 6, 1996 (for sellers and lessors of five or more residential dwelling units), and on December 6, 1996 ( for sellers or lessors of one to four residential dwelling units). One "residential dwelling unit" would be one apartment in a multi-unit apartment building. A single rowhouse, or townhouse, is considered to be one residential dwelling unit. A rowhouse divided into two apartments is considered to be two units.
Exceptions to the Lead Disclosure Rule can occur when the residential unit being leased or purchased is a zero bedroom dwelling; if it is housing for the elderly (and no children under the age of 6 reside there); or if the unit has been certified as "lead-based paint free" by a certified lead-based paint inspector or risk assessor, then the Lead Disclosure Rule does not apply.
The Lead Disclosure Rule was enacted to inform tenants and purchasers of pre-1978 built residential properties about the dangers of lead-based paint and to require disclosure of any actual (documented) knowledge of lead-based paint. The Rule also requires that such notification and disclosure to a tenant or purchaser be provided and documented before the tenant or purchaser becomes obligated under a lease or sale agreement, to lease or purchase a pre-1978 residential rental property.
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