Saturday, October 31, 2015
Attorney Charles Ware's Blog: "BRINGING HOME THE BACON--LEGAL SETTLEMENTS IN HOW...
Attorney Charles Ware's Blog: "BRINGING HOME THE BACON--LEGAL SETTLEMENTS IN HOW...: This brief excerpt from a very popular article written by renowned attorney and author Charles Jerome Ware is taken from the 1990s Archive...
The Lawyer's Mailbox: The Lawyer's Mailbox: [Archives,02/14/1985] " FTC ...
The Lawyer's Mailbox: The Lawyer's Mailbox: [Archives,02/14/1985] " FTC ...: The Lawyer's Mailbox: [Archives,02/14/1985] " FTC OFFICIAL : MARKET FORC... : www.charlesjeromeware.com "...
The Lawyer's Mailbox: [Archives,03/26/1989] " MD. LAWYER MAKING WAVES WI...
The Lawyer's Mailbox: [Archives,03/26/1989] " MD. LAWYER MAKING WAVES WI...: www.charlesjeromeware.com " Here to make a Difference". [From: THE WASHINGTON POST, Sunday, March 26, 1989, METRO...
[Archives,03/26/1989] " MD. LAWYER MAKING WAVES WITH A FLAIR FOR DRAMATICS" : Charles Jerome Ware, LLC, A National Law Firm
www.charlesjeromeware.com " Here to make a Difference".
[From: THE WASHINGTON POST, Sunday, March 26, 1989, METRO Section,
" Md. LAWYER MAKING WAVES WITH A FLAIR FOR DRAMATICS",
By Washington Post Staff Writer Veronica T. Jennings, page C1 ]
" *** But it was Ware's summation that captivated the courtroom. He mimicked
prosecution witnesses and hurled himself on the witness stand for effect, said prosecutor Sue-
Ellen Hantman. " It was amazing."
The courtroom theatrics were unusual for low-key Howard County, but not for Ware, whose unorthodox...courtroom style and... are creating a stir in Howard County's subdued legal establishment.
Ware, who left a string of high-power private and government jobs for a solo practice in Howard County, is quickly building a reputation for being what one County Council member called " a little bit eccentric"... flamboyant and ... nonetheless a well-regarded lawyer with a zeal for civil rights cases.
He prides himself on defending the underdogs. Whenever a civil rights dispute arises, Ware is there. Some lawyers say he has become Howard County's version of the flamboyant F. Lee Bailey or radical lawyer William Kunstler..
Ware's unconventional techniques often work. The defendant in Ware's famous "Fatal Attraction" rape case was acquitted of the rape charge, but found guilty of lesser misdemeanor charges, which netted him only a 90-day jail sentence instead of the life term he could have faced ***
" I just love litigation," Ware said. " I don't take a case unless I expect to win." ***
Ware has been a congressional aide, top federal prosecutor, U.S. Immigration Judge , high-ranking lawyer for two federal agencies, and general counsel and executive vice president at a college. Last year Ware *** was appointed general counsel to the 35,000-member Maryland State NAACP.
In the 15 months that he has practiced in Howard County, Ware has managed to grab local media attention with -- by Howard standards -- somewhat sensational cases [ with multi-million dollar civil lawsuits against the giant Rouse Company (for antitrust and civil rights violations), Turf Valley Country Club ( for civil rights,etc., violations), class-action against the Burger King Corporation, and many more. **** and more.
[From: THE WASHINGTON POST, Sunday, March 26, 1989, METRO Section,
" Md. LAWYER MAKING WAVES WITH A FLAIR FOR DRAMATICS",
By Washington Post Staff Writer Veronica T. Jennings, page C1 ]
" *** But it was Ware's summation that captivated the courtroom. He mimicked
prosecution witnesses and hurled himself on the witness stand for effect, said prosecutor Sue-
Ellen Hantman. " It was amazing."
The courtroom theatrics were unusual for low-key Howard County, but not for Ware, whose unorthodox...courtroom style and... are creating a stir in Howard County's subdued legal establishment.
Ware, who left a string of high-power private and government jobs for a solo practice in Howard County, is quickly building a reputation for being what one County Council member called " a little bit eccentric"... flamboyant and ... nonetheless a well-regarded lawyer with a zeal for civil rights cases.
He prides himself on defending the underdogs. Whenever a civil rights dispute arises, Ware is there. Some lawyers say he has become Howard County's version of the flamboyant F. Lee Bailey or radical lawyer William Kunstler..
Ware's unconventional techniques often work. The defendant in Ware's famous "Fatal Attraction" rape case was acquitted of the rape charge, but found guilty of lesser misdemeanor charges, which netted him only a 90-day jail sentence instead of the life term he could have faced ***
" I just love litigation," Ware said. " I don't take a case unless I expect to win." ***
Ware has been a congressional aide, top federal prosecutor, U.S. Immigration Judge , high-ranking lawyer for two federal agencies, and general counsel and executive vice president at a college. Last year Ware *** was appointed general counsel to the 35,000-member Maryland State NAACP.
In the 15 months that he has practiced in Howard County, Ware has managed to grab local media attention with -- by Howard standards -- somewhat sensational cases [ with multi-million dollar civil lawsuits against the giant Rouse Company (for antitrust and civil rights violations), Turf Valley Country Club ( for civil rights,etc., violations), class-action against the Burger King Corporation, and many more. **** and more.
The Lawyer's Mailbox: [Archives,02/14/1985] " FTC OFFICIAL : MARKET FORC...
The Lawyer's Mailbox: [Archives,02/14/1985] " FTC OFFICIAL : MARKET FORC...: www.charlesjeromeware.com "Here to make a Difference." [ From : The Baltimore News American, Thursday, Fe...
[Archives,02/14/1985] " FTC OFFICIAL : MARKET FORCES DICTATE MERGERS"--- Charles Jerome Ware, LLC, A National Law Firm
www.charlesjeromeware.com "Here to make a Difference."
[ From: The Baltimore News American, Thursday, February 14, 1985, FINANCIAL/BUSINESS Section: " FTC OFFICIAL : MARKET FORCES DICTATE MERGERS", Special to The News American by Financial/Business Reporter Eric Cade]
" Fundamental market forces, not Reagan Administration policy, are the "driving force"
behind recent broad-based mergers, a top official of the Federal Trade Commission told
Baltimore security analysts.
And, said Charles Jerome Ware, Special Legal Assistant to the Chairman of the FTC,
for quite some time, corporate mergers and acquisitions have been a prime source of
growth for American companies.
Noting that antitrust enforcement currently is undergoing evolution rather than
revolution, Ware said Congress should give the Justice Department and the ETC more
time under the Hart-Scott-Rodino Act --- currently about 30 days --- to thoroughly analyze
transactions.
Ware said the environment for leveraged buyouts --- a small group of investors buying
a public company by pledging its assets against the loan to buy it --- should
be good this year.
' From a public policy perspective, leveraged buyouts will help the economy by returning
ownership of companies to executives, giving them increased incentives to operate efficiently',
Ware said.
' Mergers and acquisitions were once considered the territory of the "big-time wheeler-dealers".
But, over the years, corporate mergers and acquisitions have evolved as the basic tools of
corporate strategists and investors'.
Last year saw some 2,930 mergers and acquisitions with a total value of $ 124 billion,
including several major oil industry mergers --- all reviewed by the Commission.
For 1985, Ware predicts :
- Acquisitions and mergers at about the same level as in 1984.
- Multibillion-dollar mergers leverage buyouts will decline from 1984 levels.
- More mergers in the food, banking and health care industries.
' Apparently the differential between the asset value of companies and their stock-market
values will continue to drive corporate break-up deals, in which investors purchase
corporations and restructure them through the sale of most of the assets', said Ware.
****** MORE.
[ From: The Baltimore News American, Thursday, February 14, 1985, FINANCIAL/BUSINESS Section: " FTC OFFICIAL : MARKET FORCES DICTATE MERGERS", Special to The News American by Financial/Business Reporter Eric Cade]
" Fundamental market forces, not Reagan Administration policy, are the "driving force"
behind recent broad-based mergers, a top official of the Federal Trade Commission told
Baltimore security analysts.
And, said Charles Jerome Ware, Special Legal Assistant to the Chairman of the FTC,
for quite some time, corporate mergers and acquisitions have been a prime source of
growth for American companies.
Noting that antitrust enforcement currently is undergoing evolution rather than
revolution, Ware said Congress should give the Justice Department and the ETC more
time under the Hart-Scott-Rodino Act --- currently about 30 days --- to thoroughly analyze
transactions.
Ware said the environment for leveraged buyouts --- a small group of investors buying
a public company by pledging its assets against the loan to buy it --- should
be good this year.
' From a public policy perspective, leveraged buyouts will help the economy by returning
ownership of companies to executives, giving them increased incentives to operate efficiently',
Ware said.
' Mergers and acquisitions were once considered the territory of the "big-time wheeler-dealers".
But, over the years, corporate mergers and acquisitions have evolved as the basic tools of
corporate strategists and investors'.
Last year saw some 2,930 mergers and acquisitions with a total value of $ 124 billion,
including several major oil industry mergers --- all reviewed by the Commission.
For 1985, Ware predicts :
- Acquisitions and mergers at about the same level as in 1984.
- Multibillion-dollar mergers leverage buyouts will decline from 1984 levels.
- More mergers in the food, banking and health care industries.
' Apparently the differential between the asset value of companies and their stock-market
values will continue to drive corporate break-up deals, in which investors purchase
corporations and restructure them through the sale of most of the assets', said Ware.
****** MORE.
The Lawyer's Mailbox: "HCCD"MARYLAND - HOWARD COUNTY CRIMINAL DEFENSE : ...
The Lawyer's Mailbox: "HCCD"MARYLAND - HOWARD COUNTY CRIMINAL DEFENSE : ...: www.charlesjeromeware.com "Here to make a Difference." Premier criminal defense attorney Charles Jerome Ware is Marylan...
"HCCD"MARYLAND - HOWARD COUNTY CRIMINAL DEFENSE : MARYLAND "BEST 10" ATTORNEY [AIDUIA]
www.charlesjeromeware.com "Here to make a Difference."
Premier criminal defense attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and ranked by his many satisfied clients as well as his legal peers as one of the "best" criminal defense attorneys in the United States [AIDUIA, et al.]. For an initial courtesy consultation, contact premier defense attorney Charles Ware at (410) 720-6129. He can help you.
Increasingly, due to unfortunately popular trends toward more harsh and punitive criminal laws, there has been a staggering increase in the numbers of people being arrested, charged, and convicted of crimes. Even in upscale Howard County.
Charging, convicting and imprisoning (warehousing) people has become "big business" in Maryland and throughout the United States.Consequently, the need for competent criminal defense representation has increased collaterally. Defendant self-representation in criminal cases is not a good idea. The potential adverse consequences of a criminal conviction on an individual's personal and professional life can be very serious --- and even extremely severe. Howard County is no different in this regard.
Both judges and juries in Howard County tend to be what one would expect in this suburban "bedroom", upper middle-class, well-educated, law-abiding community : relatively conservative and not very tolerant of those accused of committing crimes. Do not attempt to defend yourself when accused of committing a crime here (unless for some reason you absolutely, positively cannot do otherwise). Get a lawyer when charged with a crime in Howard County, Maryland; and give Attorney Charles Ware a call with any questions you may have.
Premier criminal defense attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and ranked by his many satisfied clients as well as his legal peers as one of the "best" criminal defense attorneys in the United States [AIDUIA, et al.]. For an initial courtesy consultation, contact premier defense attorney Charles Ware at (410) 720-6129. He can help you.
Increasingly, due to unfortunately popular trends toward more harsh and punitive criminal laws, there has been a staggering increase in the numbers of people being arrested, charged, and convicted of crimes. Even in upscale Howard County.
Charging, convicting and imprisoning (warehousing) people has become "big business" in Maryland and throughout the United States.Consequently, the need for competent criminal defense representation has increased collaterally. Defendant self-representation in criminal cases is not a good idea. The potential adverse consequences of a criminal conviction on an individual's personal and professional life can be very serious --- and even extremely severe. Howard County is no different in this regard.
Both judges and juries in Howard County tend to be what one would expect in this suburban "bedroom", upper middle-class, well-educated, law-abiding community : relatively conservative and not very tolerant of those accused of committing crimes. Do not attempt to defend yourself when accused of committing a crime here (unless for some reason you absolutely, positively cannot do otherwise). Get a lawyer when charged with a crime in Howard County, Maryland; and give Attorney Charles Ware a call with any questions you may have.
Friday, October 30, 2015
The Lawyer's Mailbox: YELP.COM - CHARLES JEROME WARE, LLC, A National La...
The Lawyer's Mailbox: YELP.COM - CHARLES JEROME WARE, LLC, A National La...: www.charlesjeromeware.com " Here to make a Difference."
The Lawyer's Mailbox: CURRENT LEAD PAINT LITIGATION IN BALTIMORE AND ELS...
The Lawyer's Mailbox: CURRENT LEAD PAINT LITIGATION IN BALTIMORE AND ELS...: www.charlesjeromeware.com "Here to make a Difference." Premier defense attorney Charles Jerome Ware is Maryland-based, ...
The Lawyer's Mailbox: The Lawyer's Mailbox: The Lawyer's Mailbox: AVVO -...
The Lawyer's Mailbox: The Lawyer's Mailbox: The Lawyer's Mailbox: AVVO -...: The Lawyer's Mailbox: The Lawyer's Mailbox: AVVO - CHARLES JEROME WARE, ... : The Lawyer's Mailbox: AVVO - CHARLES JEROME WARE, ...
CURRENT LEAD PAINT LITIGATION IN BALTIMORE AND ELSEWHERE : Charles Jerome Ware, LLC, A Maryland and National Law Firm
www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-respected, and ranked among the top 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.
The big and unsolvable problem with current lead paint litigation in Baltimore and elsewhere in the United States is that, after over 6,000 years of mining and purposeful use in just about every civilization, lead is virtually everywhere in the earth's environment.
It is estimated that there are multi-millions of metric tons of lead residue in the environment that is not going away anytime soon. Lead (Pb) is a purposefully malleable, heavy metal (Atomic Number 82), that does not dissolve in water, does not dissipate, does not decay, and does not burn. This stuff just lasts, and lasts, and lasts. It accumulates, and accumulates, and accumulates.
Consequently, in major and old cities such as Baltimore ... and Philadelphia ... and New York ... and Boston ... and Washington, D.C., lead is literally everywhere there are people. That includes old residential neighborhoods with pre-1978 built apartments and houses. It also includes (10 the air we breathe, (2) the water we drink, (3) dust, (4) soil, (5) clothes (particularly work clothes), (6) job sites, (7) work and industrial sites, (8) toys, (9) furniture, (10) folk and home remedies, (11) baby cribs, (12) child high chairs, (13) cosmetics, (14) jewelry, (15) foods and candies (especially from Mexico and some Asian countries), (16) drinks, (17) batteries,(18) automobile repair items and shops,(19) playgrounds and sandlots, (20) commercial buildings, (21) government buildings, (22) many other products, etc.
In some jurisdictions such as California, for instance, litigation has been brought against paint manufacturers with de minimis success. Those lawsuits alleged that the paint manufactures had been placing injurious lead paint products on the market and had failed to warn of the risks of exposure. In other jurisdictions, such as in Baltimore, Maryland, litigation is generally brought against landlords, landowners, and residential management companies for exposure to lead-based paint applied to the surfaces of older (pre-1978 built) residential rental units (apartments and houses). It is important to note that lead-based paint can be found in both older rental housing as well as older private housing.
However, far less litigation arises out of exposure to lead-based paint in private housing.
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-respected, and ranked among the top 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.
The big and unsolvable problem with current lead paint litigation in Baltimore and elsewhere in the United States is that, after over 6,000 years of mining and purposeful use in just about every civilization, lead is virtually everywhere in the earth's environment.
It is estimated that there are multi-millions of metric tons of lead residue in the environment that is not going away anytime soon. Lead (Pb) is a purposefully malleable, heavy metal (Atomic Number 82), that does not dissolve in water, does not dissipate, does not decay, and does not burn. This stuff just lasts, and lasts, and lasts. It accumulates, and accumulates, and accumulates.
Consequently, in major and old cities such as Baltimore ... and Philadelphia ... and New York ... and Boston ... and Washington, D.C., lead is literally everywhere there are people. That includes old residential neighborhoods with pre-1978 built apartments and houses. It also includes (10 the air we breathe, (2) the water we drink, (3) dust, (4) soil, (5) clothes (particularly work clothes), (6) job sites, (7) work and industrial sites, (8) toys, (9) furniture, (10) folk and home remedies, (11) baby cribs, (12) child high chairs, (13) cosmetics, (14) jewelry, (15) foods and candies (especially from Mexico and some Asian countries), (16) drinks, (17) batteries,(18) automobile repair items and shops,(19) playgrounds and sandlots, (20) commercial buildings, (21) government buildings, (22) many other products, etc.
In some jurisdictions such as California, for instance, litigation has been brought against paint manufacturers with de minimis success. Those lawsuits alleged that the paint manufactures had been placing injurious lead paint products on the market and had failed to warn of the risks of exposure. In other jurisdictions, such as in Baltimore, Maryland, litigation is generally brought against landlords, landowners, and residential management companies for exposure to lead-based paint applied to the surfaces of older (pre-1978 built) residential rental units (apartments and houses). It is important to note that lead-based paint can be found in both older rental housing as well as older private housing.
However, far less litigation arises out of exposure to lead-based paint in private housing.
The Lawyer's Mailbox: The Lawyer's Mailbox: AVVO - CHARLES JEROME WARE, ...
The Lawyer's Mailbox: The Lawyer's Mailbox: AVVO - CHARLES JEROME WARE, ...: The Lawyer's Mailbox: AVVO - CHARLES JEROME WARE, LLC, A National Law Fi... : www.charlesjeromeware.com
The Lawyer's Mailbox: YELP.COM - CHARLES JEROME WARE, LLC, A National La...
The Lawyer's Mailbox: YELP.COM - CHARLES JEROME WARE, LLC, A National La...: www.charlesjeromeware.com " Here to make a Difference."
YELP.COM - CHARLES JEROME WARE, LLC, A National Law Firm
www.charlesjeromeware.com " Here to make a Difference."
The Lawyer's Mailbox: The Lawyer's Mailbox: COLUMBIA, MD. & DISTRICT OF ...
The Lawyer's Mailbox: The Lawyer's Mailbox: COLUMBIA, MD. & DISTRICT OF ...: The Lawyer's Mailbox: COLUMBIA, MD. & DISTRICT OF COLUMBIA DUI & DWI DEF... : www.charlesjeromeware.com "Here ...
The Lawyer's Mailbox: COLUMBIA, MD. & DISTRICT OF COLUMBIA DUI & DWI DEF...
The Lawyer's Mailbox: COLUMBIA, MD. & DISTRICT OF COLUMBIA DUI & DWI DEF...: www.charlesjeromeware.com "Here to make a Difference." Premier DUI and DWI defense attorney Charles Jerome Ware is r...
COLUMBIA, MD. & DISTRICT OF COLUMBIA DUI & DWI DEFENSES : Charles Jerome Ware, LLC
www.charlesjeromeware.com "Here to make a Difference."
Premier DUI and DWI defense attorney Charles Jerome Ware is ranked by his many satisfied clients as well as his legal peers [AIDUIA] as one of the beat DUI and DWI defense attorneys in the United States. For an initial courtesy consultation, contact attorney Charles Ware at (410) 720-6129. He can help you.
Coincidentally, DUI and DWI arrests made in Washington, D.C. and Columbia, Maryland are actually similarly treated in the system. The one BIG difference is that video-recorders are virtually everywhere the police are in D.C. (throughout the police precincts and on the bodies of police officers), and they are relied upon in the courts in drunk driving prosecutions. Columbia, specifically, and Maryland,generally, presently do not use video-recorders in DUI and DWI arrests.
DUI and DWI defenses,however, in these two jurisdictions are very similar. Some common drunk driving defenses utilized are:
(1) The "stop" by police of the driver was improper (for a possible variety of reasons)> In effect, the police officer lacked "probable cause" to make the initial stop of the vehicle and its driver.
(2) Improper and/or inaccurate administration of the field sobriety tests(FSTs), resulting in inaccurate, unreliable and untrustworthy results.
(3) Improper and/or inaccurate administration of the alcohol breath tests and/or the blood-alcohol tests.
(4) In the District of Columbia, the video-recorders recording cannot , or will not, be produced to the defendant in advance of trial --or is not produced at trial . In other words, the videocamera recording goes missing.
(5) Rising Blood Alcohol Concentration (Rising BAC). The driver's BAC was below the legal limit while the defendant was driving but actually increased between the time of the traffic stop and the administration of the breath test. This can happen when recently consumed alcohol has yet to fully absorb into the system until the time of the BAC test.
Premier DUI and DWI defense attorney Charles Jerome Ware is ranked by his many satisfied clients as well as his legal peers [AIDUIA] as one of the beat DUI and DWI defense attorneys in the United States. For an initial courtesy consultation, contact attorney Charles Ware at (410) 720-6129. He can help you.
Coincidentally, DUI and DWI arrests made in Washington, D.C. and Columbia, Maryland are actually similarly treated in the system. The one BIG difference is that video-recorders are virtually everywhere the police are in D.C. (throughout the police precincts and on the bodies of police officers), and they are relied upon in the courts in drunk driving prosecutions. Columbia, specifically, and Maryland,generally, presently do not use video-recorders in DUI and DWI arrests.
DUI and DWI defenses,however, in these two jurisdictions are very similar. Some common drunk driving defenses utilized are:
(1) The "stop" by police of the driver was improper (for a possible variety of reasons)> In effect, the police officer lacked "probable cause" to make the initial stop of the vehicle and its driver.
(2) Improper and/or inaccurate administration of the field sobriety tests(FSTs), resulting in inaccurate, unreliable and untrustworthy results.
(3) Improper and/or inaccurate administration of the alcohol breath tests and/or the blood-alcohol tests.
(4) In the District of Columbia, the video-recorders recording cannot , or will not, be produced to the defendant in advance of trial --or is not produced at trial . In other words, the videocamera recording goes missing.
(5) Rising Blood Alcohol Concentration (Rising BAC). The driver's BAC was below the legal limit while the defendant was driving but actually increased between the time of the traffic stop and the administration of the breath test. This can happen when recently consumed alcohol has yet to fully absorb into the system until the time of the BAC test.
The Lawyer's Mailbox: The Lawyer's Mailbox: BALTIMORE LEAD PAINT TENSION...
The Lawyer's Mailbox: The Lawyer's Mailbox: BALTIMORE LEAD PAINT TENSION...: The Lawyer's Mailbox: BALTIMORE LEAD PAINT TENSIONS --AN OVERVIEW: MARYL... : www.charlesjeromeware.com "Here to...
The Lawyer's Mailbox: "ABCD" - A BETTER CRIMINAL DEFENSE : MARYLAND & D....
The Lawyer's Mailbox: "ABCD" - A BETTER CRIMINAL DEFENSE : MARYLAND & D....: www.charlesjeromeware.com "Here to make a Difference." Charles Jerome Ware is a premier, nationally-recogniz...
"ABCD" - A BETTER CRIMINAL DEFENSE : MARYLAND & D.C.'s CHARLES JEROME WARE, LLC
www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware is a premier, nationally-recognized and respected, criminal defense and civil defense attorney. For an initial courtesy consultation with defense attorney Charles Ware, contact him at (410) 720-6129. He can help you.
Every criminal charge should be important to the person being charged. And, generally, unlike small claims court or generic traffic court, self-representation should not be an option for a criminal defendant. Particularly if the person charged with a crime is facing possible serious penalties or jail time, competent criminal defense legal representation is highly recommended. Criminal convictions are disruptive to both personal lives as well as careers.
Some recommendations I have for the criminal defendant as well as his or her criminal defense attorney(s) are as follows--- in no specific order of priority :
(1) To the defendant, be active and helpful with your attorney in preparing your defense --- including securing defense witnesses and preparing for cross-examination of the prosecution's witnesses.
(2) For both the defendant as well as defense counsel , the 3 broad keys to " a better criminal defense"
are preparation, preparation, and preparation.
(3) Prudent defense attorneys usually, if possible, pursue with both the client and the prosecution some pre-trial solution to the case, including dismissal, a lesser plea, etc.
(4) People-oriented defense attempt, if possible, to help the client with the emotions that come with serious criminal cases. Defense attorneys should not, however, to be professional therapists to the client.
(5) As best as practicable, good defense attorneys attempt to provide the client with "reality checks" concerning their case.
(6) Good defense point out to the client the important rules, law, and procedures involved in the case.
(7) Good defense attorneys navigate adeptly their cases through the procedural maze of the legal system.
(8) Wise defense counsel accept the cases at the fee rates that allow them the necessary time and effort to properly expend on the cases.
(9) Prudent defense counsel seek and identify the necessary outside assistance called for to properly defend the client.
(10) Good defense counsel actually care about the client.
Charles Jerome Ware is a premier, nationally-recognized and respected, criminal defense and civil defense attorney. For an initial courtesy consultation with defense attorney Charles Ware, contact him at (410) 720-6129. He can help you.
Every criminal charge should be important to the person being charged. And, generally, unlike small claims court or generic traffic court, self-representation should not be an option for a criminal defendant. Particularly if the person charged with a crime is facing possible serious penalties or jail time, competent criminal defense legal representation is highly recommended. Criminal convictions are disruptive to both personal lives as well as careers.
Some recommendations I have for the criminal defendant as well as his or her criminal defense attorney(s) are as follows--- in no specific order of priority :
(1) To the defendant, be active and helpful with your attorney in preparing your defense --- including securing defense witnesses and preparing for cross-examination of the prosecution's witnesses.
(2) For both the defendant as well as defense counsel , the 3 broad keys to " a better criminal defense"
are preparation, preparation, and preparation.
(3) Prudent defense attorneys usually, if possible, pursue with both the client and the prosecution some pre-trial solution to the case, including dismissal, a lesser plea, etc.
(4) People-oriented defense attempt, if possible, to help the client with the emotions that come with serious criminal cases. Defense attorneys should not, however, to be professional therapists to the client.
(5) As best as practicable, good defense attorneys attempt to provide the client with "reality checks" concerning their case.
(6) Good defense point out to the client the important rules, law, and procedures involved in the case.
(7) Good defense attorneys navigate adeptly their cases through the procedural maze of the legal system.
(8) Wise defense counsel accept the cases at the fee rates that allow them the necessary time and effort to properly expend on the cases.
(9) Prudent defense counsel seek and identify the necessary outside assistance called for to properly defend the client.
(10) Good defense counsel actually care about the client.
Tuesday, October 27, 2015
The Lawyer's Mailbox: BALTIMORE LEAD PAINT TENSIONS --AN OVERVIEW: MARYL...
The Lawyer's Mailbox: BALTIMORE LEAD PAINT TENSIONS --AN OVERVIEW: MARYL...: www.charlesjeromeware.com "Here to make a Difference." Premier defense attorney Charles Ware is Maryland-based...
BALTIMORE LEAD PAINT TENSIONS --AN OVERVIEW: MARYLAND DEFENSE ATTORNEY CHARLES WARE
www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Ware is Maryland-based, nationally recognized and respected, and ranked by his many satisfied clients and legal peers as one of the top lead paint and lead poisoning defense attorneys in the United States. If you are being sued for lead paint liability or lead poisoning, contact him for an initial courtesy consultation at (410) 720-6129. He can help you.
It has been known for over 6,000 years that, when ingested or inhaled by humans, lead can be harmful to the human body. The ancient Greeks, Hebrews, Phoenicians, Spaniards and the Romans, etc., all learned the hard way --- with numerous illnesses and deaths from lead consumption --- that, though a malleable and useful and utilitarian element/metal, when ingested or inhaled lead (Pb) can be quite harmful. The Romans went so far as to popularly add lead as an ingredient to their wine, ultimately much to their regret. It is said by many scholars that this habit by the Romans of physically consuming lead in wine contributed significantly to their ill health and demise of their civilization.
However, it appears that subsequent civilizations --- including North America --- never learned the lessons from lead contaminations of earlier societies, until it was too late. Now, throughout every so-called civilized culture or society in the world today --- including the United States --- we have the "lead problem".
LEAD (Pb) : The Ubiquitous and Silent Contaminant
The use of popular white lead (in paint, etc.) began in what is now America during Colonial times and ultimately peaked in 1922. Bear in mind that lead poisoning ("plumbism") had existed and was already known in Antiquity, but apparently was forgotten by history in the interim period. Had its dreaded health-effects history been known by foreign North American settlers, one would like to think better choices of paint would have been used. What's more, when lead-based paint was marketed before 1978 in the United States, it was a legal product in great demand because it was washable and durable. in fact, lead paint was repeatedly endorsed by the United States government, Maryland and other state governments, as well as local governments , and it was repeatedly specified for use on government buildings throughout the country until the mid-1970s. Its use peaked in 1922, and by 1940 the use of white lead pigment for interiors of homes , commercial and government buildings, was on the decline.
Lead (Pb) is particularly toxic to young children under the age of 6 years. However, when white lead pigments were used in paints, reported risks to children at the time were unfortunately unknown (although careful digging into ancient histories of Rome, Spain, Greece, etc., would have provided clues to this "lead problem"). The modern knowledge of the effects of lead on the body has evolved over the last century.
Lead (Pb) does not dissolve in water, does not dissipate, nor decay, nor burn. Lead just lasts, and lasts, and lasts. It does not go away. It is guesstimated by some that there exist many dozens of metric tons of lead residue in the earth's environment.
In 1951, Baltimore outlawed the use of lead paint in Baltimore public housing. In 1966,the use of lead paint in all Baltimore housing was banned. In 1978, the Federal government (U.S. Consumer Product Safety Commission) banned the use of lead paint for all residential and consumer uses in the United States. But lead paint remains in many pre-1978 built houses and apartments; and lead remains in the air we breathe, the water we drink, pipes and other plumbing fixtures, dust, soil, playgrounds and sandlots, cooking and eating utensils, pottery, ceramics, cosmetics, jewelry, job sites, folk and home remedies, etc. Lead is virtually everywhere in civilization.
Premier defense attorney Charles Ware is Maryland-based, nationally recognized and respected, and ranked by his many satisfied clients and legal peers as one of the top lead paint and lead poisoning defense attorneys in the United States. If you are being sued for lead paint liability or lead poisoning, contact him for an initial courtesy consultation at (410) 720-6129. He can help you.
It has been known for over 6,000 years that, when ingested or inhaled by humans, lead can be harmful to the human body. The ancient Greeks, Hebrews, Phoenicians, Spaniards and the Romans, etc., all learned the hard way --- with numerous illnesses and deaths from lead consumption --- that, though a malleable and useful and utilitarian element/metal, when ingested or inhaled lead (Pb) can be quite harmful. The Romans went so far as to popularly add lead as an ingredient to their wine, ultimately much to their regret. It is said by many scholars that this habit by the Romans of physically consuming lead in wine contributed significantly to their ill health and demise of their civilization.
However, it appears that subsequent civilizations --- including North America --- never learned the lessons from lead contaminations of earlier societies, until it was too late. Now, throughout every so-called civilized culture or society in the world today --- including the United States --- we have the "lead problem".
LEAD (Pb) : The Ubiquitous and Silent Contaminant
The use of popular white lead (in paint, etc.) began in what is now America during Colonial times and ultimately peaked in 1922. Bear in mind that lead poisoning ("plumbism") had existed and was already known in Antiquity, but apparently was forgotten by history in the interim period. Had its dreaded health-effects history been known by foreign North American settlers, one would like to think better choices of paint would have been used. What's more, when lead-based paint was marketed before 1978 in the United States, it was a legal product in great demand because it was washable and durable. in fact, lead paint was repeatedly endorsed by the United States government, Maryland and other state governments, as well as local governments , and it was repeatedly specified for use on government buildings throughout the country until the mid-1970s. Its use peaked in 1922, and by 1940 the use of white lead pigment for interiors of homes , commercial and government buildings, was on the decline.
Lead (Pb) is particularly toxic to young children under the age of 6 years. However, when white lead pigments were used in paints, reported risks to children at the time were unfortunately unknown (although careful digging into ancient histories of Rome, Spain, Greece, etc., would have provided clues to this "lead problem"). The modern knowledge of the effects of lead on the body has evolved over the last century.
Lead (Pb) does not dissolve in water, does not dissipate, nor decay, nor burn. Lead just lasts, and lasts, and lasts. It does not go away. It is guesstimated by some that there exist many dozens of metric tons of lead residue in the earth's environment.
In 1951, Baltimore outlawed the use of lead paint in Baltimore public housing. In 1966,the use of lead paint in all Baltimore housing was banned. In 1978, the Federal government (U.S. Consumer Product Safety Commission) banned the use of lead paint for all residential and consumer uses in the United States. But lead paint remains in many pre-1978 built houses and apartments; and lead remains in the air we breathe, the water we drink, pipes and other plumbing fixtures, dust, soil, playgrounds and sandlots, cooking and eating utensils, pottery, ceramics, cosmetics, jewelry, job sites, folk and home remedies, etc. Lead is virtually everywhere in civilization.
The Lawyer's Mailbox: 0.15 BAC & HIGHER DUI IN MARYLAND ? : AIDUIA "BES...
The Lawyer's Mailbox: 0.15 BAC & HIGHER DUI IN MARYLAND ? : AIDUIA "BES...: www.charlesjeromeware.com "Here to make a Difference." Premier DUI and DWI defense attorney Charles Ware is Howa...
0.15 BAC & HIGHER DUI IN MARYLAND ? : AIDUIA "BEST 10" DUI DEFENSE ATTORNEY CHARLES WARE
www.charlesjeromeware.com "Here to make a Difference."
Premier DUI and DWI defense attorney Charles Ware is Howard County-based and nationally respected as one of the "BEST 10 " DUI and DWI Attorneys in the State of Maryland. For an initial courtesy consultation, contact defense attorney Charles Ware at (410) 720-6129. He can help you.
If you refused to submit to a chemical alcohol test or your blood alcohol concentration (BAC) was at or above 0.15 during your drunk driving arrest, it is particularly important for you to consult with a DUI defense attorney as quickly as possible. If you tested at or above 0.15 BAC at the time of your arrest, your driver's license may be suspended for 90 days on a first offense and 180 days for a second offense [ Transp.,Section 16-205.1].
Premier DUI and DWI defense attorney Charles Ware is Howard County-based and nationally respected as one of the "BEST 10 " DUI and DWI Attorneys in the State of Maryland. For an initial courtesy consultation, contact defense attorney Charles Ware at (410) 720-6129. He can help you.
If you refused to submit to a chemical alcohol test or your blood alcohol concentration (BAC) was at or above 0.15 during your drunk driving arrest, it is particularly important for you to consult with a DUI defense attorney as quickly as possible. If you tested at or above 0.15 BAC at the time of your arrest, your driver's license may be suspended for 90 days on a first offense and 180 days for a second offense [ Transp.,Section 16-205.1].
Monday, October 26, 2015
The Lawyer's Mailbox: AVOIDING HOLIDAY DUIs & DWIs: TIPS by MARYLAND " B...
The Lawyer's Mailbox: AVOIDING HOLIDAY DUIs & DWIs: TIPS by MARYLAND " B...: www.charlesjeromeware.com "Here to make a Difference." Premier DUI and DWI defense attorney Charles Jerome Ware i...
AVOIDING HOLIDAY DUIs & DWIs: TIPS by MARYLAND " BEST 10 DUI/DWI ATTORNEY" CHARLES WARE
www.charlesjeromeware.com "Here to make a Difference."
Premier DUI and DWI defense attorney Charles Jerome Ware is Howard County-based, nationally-known and respected, and ranked by his many satisfied clients, his legal peers, as well as the national organization of DUI & DWI attorneys ( AIDUIA) as one of the "BEST 10" DUI and DWI defense attorneys in the State of Maryland. For an initial courtesy consultation, contact premier defense attorney Charles Ware at (410) 720-6129. He and his colleagues can help you.
Maryland's drunk driving laws can be complicated. And, during the holiday season, law enforcement always increases its vigilance concerning possible DUI and DWI violations. The reason for this vigilance : There are, in fact, more instances of drunk driving during holiday seasons.
Generally, the holidays are a time when people look forward to leaving work and spending family as well as personal time with loved ones, family and friends. Holidays also include parties, food and drinks --- including alcoholic drinks.
I have a few tips to share to help you avoid being arrested and charged with drunk driving during the holidays:
Tip #1: Do not drink and drive. You hear this all the time, because it really is the best tip to avoiding a dreaded DUI or DWI.
Tip #2: If you do drink, have a designated driver WHO WILL NOT BE DRINKING. Otherwise, catch a taxi or even UBER.
Tip #3: If you drink, EAT FOOD TO HELP ABSORB THE ALCOHOL. And, drink water to help dilute the alcohol.
Tip #5: If you drink, make contingency plans to stay the safely nearby, rather than drive under the influence of alcohol.
Tip #6: If you foolishly insist on drinking and driving, make sure your vehicle is in good working order, your driver's license is valid and up to date, and your vehicle registration is current. Expired license plates, bad tail lights and headlights, etc., are good invitations for the police to make a "stop" of your vehicle and investigate your situation.
Tip #7: If you insist on drinking and driving, be sure to obey each and every traffic law. This No rolling stops, SIGNALING every time you change lanes, and STAYING in your driving lanes (keeping between the lines).
Tip #8: The "Stationary Shelter" doctrine is, in fact recognized in Maryland law. You are allowed to make the decision to "sleep it off" in your car or truck if: (a) you pull off the road to s safe place (on the shoulder, etc.), and (b) you make sure the engine is turned off ( and the keys are away from the ignition).
Tip #9: Check the media (newspaper, radio, TV, Internet, etc.) to become aware of scheduled police drunk driving checkpoints. Then, AVOID THEM.
Tip # 10 : While driving, AVOID talking on the cellphone, changing the radio, or positioning a CD to play.
Premier DUI and DWI defense attorney Charles Jerome Ware is Howard County-based, nationally-known and respected, and ranked by his many satisfied clients, his legal peers, as well as the national organization of DUI & DWI attorneys ( AIDUIA) as one of the "BEST 10" DUI and DWI defense attorneys in the State of Maryland. For an initial courtesy consultation, contact premier defense attorney Charles Ware at (410) 720-6129. He and his colleagues can help you.
Maryland's drunk driving laws can be complicated. And, during the holiday season, law enforcement always increases its vigilance concerning possible DUI and DWI violations. The reason for this vigilance : There are, in fact, more instances of drunk driving during holiday seasons.
Generally, the holidays are a time when people look forward to leaving work and spending family as well as personal time with loved ones, family and friends. Holidays also include parties, food and drinks --- including alcoholic drinks.
I have a few tips to share to help you avoid being arrested and charged with drunk driving during the holidays:
Tip #1: Do not drink and drive. You hear this all the time, because it really is the best tip to avoiding a dreaded DUI or DWI.
Tip #2: If you do drink, have a designated driver WHO WILL NOT BE DRINKING. Otherwise, catch a taxi or even UBER.
Tip #3: If you drink, EAT FOOD TO HELP ABSORB THE ALCOHOL. And, drink water to help dilute the alcohol.
Tip #5: If you drink, make contingency plans to stay the safely nearby, rather than drive under the influence of alcohol.
Tip #6: If you foolishly insist on drinking and driving, make sure your vehicle is in good working order, your driver's license is valid and up to date, and your vehicle registration is current. Expired license plates, bad tail lights and headlights, etc., are good invitations for the police to make a "stop" of your vehicle and investigate your situation.
Tip #7: If you insist on drinking and driving, be sure to obey each and every traffic law. This No rolling stops, SIGNALING every time you change lanes, and STAYING in your driving lanes (keeping between the lines).
Tip #8: The "Stationary Shelter" doctrine is, in fact recognized in Maryland law. You are allowed to make the decision to "sleep it off" in your car or truck if: (a) you pull off the road to s safe place (on the shoulder, etc.), and (b) you make sure the engine is turned off ( and the keys are away from the ignition).
Tip #9: Check the media (newspaper, radio, TV, Internet, etc.) to become aware of scheduled police drunk driving checkpoints. Then, AVOID THEM.
Tip # 10 : While driving, AVOID talking on the cellphone, changing the radio, or positioning a CD to play.
Saturday, October 24, 2015
The Lawyer's Mailbox: DEFENDING ASSAULT CASES IN HOWARD COUNTY, MARYLAND...
The Lawyer's Mailbox: DEFENDING ASSAULT CASES IN HOWARD COUNTY, MARYLAND...: www.charlesjeromeware.com " Here to make a Difference." Assault is one of the easiest crimes to be charged with ...
DEFENDING ASSAULT CASES IN HOWARD COUNTY, MARYLAND
www.charlesjeromeware.com " Here to make a Difference."
Assault is one of the easiest crimes to be charged with in Maryland. Consequently, and vicariously, it can be among the more difficult to defend against. There are, most unfortunately, few defenses to this crime --- other than " I didn't do it !" Getting a good criminal defense attorney to represent you when charged with assault is, therefore, of paramount importance
"Assault" has a pretty broad definition in Maryland. It is generally defined as an attempt to touch someone else without their consent. Using that definition, it is a "don't invade my personal space " crime. More often, however, the alleged "touching" (when it occurs) in question is an act of violence, such as a punch or threatening someone with a weapon.
The three more prominent defenses to assault are (1) there was no touching or contact ;(2) there was no intent to touch or make contact (it was an accidental touching); and (3) self- defense.
If you have been arrested or charged with assault anywhere in the State of Maryland, call premier defense attorney Charles Jerome Ware and his colleagues at (410) 720-6129 for a courtesy initial consultation. We can help you.
Assault is one of the easiest crimes to be charged with in Maryland. Consequently, and vicariously, it can be among the more difficult to defend against. There are, most unfortunately, few defenses to this crime --- other than " I didn't do it !" Getting a good criminal defense attorney to represent you when charged with assault is, therefore, of paramount importance
"Assault" has a pretty broad definition in Maryland. It is generally defined as an attempt to touch someone else without their consent. Using that definition, it is a "don't invade my personal space " crime. More often, however, the alleged "touching" (when it occurs) in question is an act of violence, such as a punch or threatening someone with a weapon.
The three more prominent defenses to assault are (1) there was no touching or contact ;(2) there was no intent to touch or make contact (it was an accidental touching); and (3) self- defense.
If you have been arrested or charged with assault anywhere in the State of Maryland, call premier defense attorney Charles Jerome Ware and his colleagues at (410) 720-6129 for a courtesy initial consultation. We can help you.
The Lawyer's Mailbox: DUST-- A MAJOR SOURCE OF LEAD (Pb) : BALTIMORE LAN...
The Lawyer's Mailbox: DUST-- A MAJOR SOURCE OF LEAD (Pb) : BALTIMORE LAN...: www.charlesjeromeware.com " Here to make a Difference." Premier landlord defense attorney Charles Jerome W...
DUST-- A MAJOR SOURCE OF LEAD (Pb) : BALTIMORE LANDLORD DEFENSE ATTORNEY
www.charlesjeromeware.com " Here to make a Difference."
Premier landlord defense attorney Charles Jerome Ware is Maryland-based, nationally-known 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 attorneys in the United States. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He can help you.
Besides the usual pointed sources of lead poisoning in children from the ingestion and inhalation of lead paint chips, etc., from pre-1978 built residential units, and from furniture and toys, drinking water, soil,etc., it should not be forgotten that another major source of toxic lead is the ingestion and/or inhalation of lead dust. In older, metropolitan areas such as Baltimore, leaded dust is virtually everywhere in the air we breathe, water, clothes, soil, playgrounds, etc.
In particular, leaded dust in abundance can be generated into the air from lead abatement and removal projects, other renovation, home improvement and construction projects, as well as active industrial sites.
With respect to construction, home improvement and renovation contractors, Maryland and other state laws, as well as Federal law specifically mandates that anyone who acts as a contractor or supervisor on any pre-1978 built residential rental property, for any of the types of work mentioned above, shall be certified or accredited by the proper state or federal agency. In Maryland, that qualifying and certifying agency is the Maryland Department of the Environment (MDE).
Do-it-yourself or handyman work of this type, supra, is not appropriate nor lawful on pre-1978 constructed residential rental property.
Premier landlord defense attorney Charles Jerome Ware is Maryland-based, nationally-known 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 attorneys in the United States. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He can help you.
Besides the usual pointed sources of lead poisoning in children from the ingestion and inhalation of lead paint chips, etc., from pre-1978 built residential units, and from furniture and toys, drinking water, soil,etc., it should not be forgotten that another major source of toxic lead is the ingestion and/or inhalation of lead dust. In older, metropolitan areas such as Baltimore, leaded dust is virtually everywhere in the air we breathe, water, clothes, soil, playgrounds, etc.
In particular, leaded dust in abundance can be generated into the air from lead abatement and removal projects, other renovation, home improvement and construction projects, as well as active industrial sites.
With respect to construction, home improvement and renovation contractors, Maryland and other state laws, as well as Federal law specifically mandates that anyone who acts as a contractor or supervisor on any pre-1978 built residential rental property, for any of the types of work mentioned above, shall be certified or accredited by the proper state or federal agency. In Maryland, that qualifying and certifying agency is the Maryland Department of the Environment (MDE).
Do-it-yourself or handyman work of this type, supra, is not appropriate nor lawful on pre-1978 constructed residential rental property.
The Lawyer's Mailbox: DIVORCE BY MUTUAL CONSENT : Charles Jerome Ware, L...
The Lawyer's Mailbox: DIVORCE BY MUTUAL CONSENT : Charles Jerome Ware, L...: www.charlesjeromeware.com "Here to make a Difference." For an initial courtesy consultation, contact Attorne...
DIVORCE BY MUTUAL CONSENT : Charles Jerome Ware, LLC, A Maryland-Based National Law Firm
www.charlesjeromeware.com "Here to make a Difference."
For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129.
Effective October 1st, 2015, the State of Maryland now has a new and progressive ground for divorce : "mutual consent". This new ground supersedes the previous one-year separation ground which allowed an absolute divorce between the parties only after a couple has separated residences and has lived separate and apart for at least twelve(12) months.
The 4 conditions to qualify for divorce by "mutual consent" include:
(1) The parties have no minor children in common;
(2) The parties have a signed, written settlement agreement covering both alimony and property rights that they submit to the Court;
(3) Neither party asks the Court to set aside their written settlement agreement; and
(4) Both parties appear at the uncontested divorce hearing.
For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129.
Effective October 1st, 2015, the State of Maryland now has a new and progressive ground for divorce : "mutual consent". This new ground supersedes the previous one-year separation ground which allowed an absolute divorce between the parties only after a couple has separated residences and has lived separate and apart for at least twelve(12) months.
The 4 conditions to qualify for divorce by "mutual consent" include:
(1) The parties have no minor children in common;
(2) The parties have a signed, written settlement agreement covering both alimony and property rights that they submit to the Court;
(3) Neither party asks the Court to set aside their written settlement agreement; and
(4) Both parties appear at the uncontested divorce hearing.
Friday, October 23, 2015
The Lawyer's Mailbox: LEADING LEAD PAINT DEFENSE ATTORNEYS : BALTIMORE, ...
The Lawyer's Mailbox: LEADING LEAD PAINT DEFENSE ATTORNEYS : BALTIMORE, ...: www.charlesjeromeware.com "Here to make a Difference." The nationally-recognized and respected law firm of C...
LEADING LEAD PAINT DEFENSE ATTORNEYS : BALTIMORE, MARYLAND
www.charlesjeromeware.com "Here to make a Difference."
The nationally-recognized and respected law firm of Charles Jerome Ware, LLC is Maryland-based, and it is ranked by its many satisfied clients and legal peers as one of the top lead paint and lead poisoning defense law firms in the United States. For an initial courtesy consultation, contact the firm at (410) 720-6129.
Baltimore is known for its lead poisoning public health problems. Indeed, there are many judges, elected officials, and other commentators who assert that in certain circumstances lead poisoning claims in Baltimore are "indefensible". We, at the law firm of Charles Jerome Ware, LLC, respectfully disagree. It is our experience that there are always defenses for landlords and landowners in these cases.
The vast majority of lead poisoning claims and lawsuits brought in Baltimore are filed by plaintiffs against landlords and landowners of pre-1978 built apartments and houses. However, there are many other sources of toxic lead in Baltimore besides the legacy (old) lead paint found in many of these pre-1978 built residential units; including : the air we breathe, the water we drink, dust, soil, pipes and other plumbing fixtures, food and drink, toys, furniture, folk and home remedies, jobs, industrial sites, hobbies, cosmetics, jewelry, , candies made in Mexico, etc. Lead is virtually everywhere in Baltimore.
At Charles Jerome Ware, LLC, we have the legal, medical and scientific knowledge to effectively and successfully defend our landlord and landowner clients against lead paint and lead poisoning lawsuits. We have successfully done so for many years.
The nationally-recognized and respected law firm of Charles Jerome Ware, LLC is Maryland-based, and it is ranked by its many satisfied clients and legal peers as one of the top lead paint and lead poisoning defense law firms in the United States. For an initial courtesy consultation, contact the firm at (410) 720-6129.
Baltimore is known for its lead poisoning public health problems. Indeed, there are many judges, elected officials, and other commentators who assert that in certain circumstances lead poisoning claims in Baltimore are "indefensible". We, at the law firm of Charles Jerome Ware, LLC, respectfully disagree. It is our experience that there are always defenses for landlords and landowners in these cases.
The vast majority of lead poisoning claims and lawsuits brought in Baltimore are filed by plaintiffs against landlords and landowners of pre-1978 built apartments and houses. However, there are many other sources of toxic lead in Baltimore besides the legacy (old) lead paint found in many of these pre-1978 built residential units; including : the air we breathe, the water we drink, dust, soil, pipes and other plumbing fixtures, food and drink, toys, furniture, folk and home remedies, jobs, industrial sites, hobbies, cosmetics, jewelry, , candies made in Mexico, etc. Lead is virtually everywhere in Baltimore.
At Charles Jerome Ware, LLC, we have the legal, medical and scientific knowledge to effectively and successfully defend our landlord and landowner clients against lead paint and lead poisoning lawsuits. We have successfully done so for many years.
Thursday, October 22, 2015
The Lawyer's Mailbox: "DDD" - DRUNK DRIVING DEFENDANT : HO. CO. MARYLAND...
The Lawyer's Mailbox: "DDD" - DRUNK DRIVING DEFENDANT : HO. CO. MARYLAND...: www.charlesjeromeware.com " Here to make a Difference." Premier defense attorney Charles Jerome Ware is Maryl...
"DDD" - DRUNK DRIVING DEFENDANT : HO. CO. MARYLAND " BEST DUI ATTORNEY"[AIDUIA-Certified]
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 clients as well as his legal peers as one of the "BEST 10 DUI and DWI" Defense Attorneys in the State of Maryland [AIDUIA-Certified]. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you.
Drunk driving laws in Maryland, as in other states, can be complicated. It is certainly very serious. A DUI or DWI conviction can adversely affect not only one's personal, but even more so a person's professional life and career. For example, generally a DUI or DWI conviction cannot be expunged from a person's criminal and traffic record. At my firm, we take these cases very seriously. We suggest you do so as well.
A driver charged with DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) has a few different options, should he or she choose to mount a defense. Almost invariably, these defenses will involve some form of attack on the arresting officer's actions --- or inactions. While Maryland is not the worst state to get a drunk driving charge in (the worst is probably Arizona), it is certainly not the best either. It is strongly recommended that a driver charged with DUI or DWI not self-represent themselves in this state.
A few common DUI and DWI defenses in Maryland are:
(1) The "stop" by police of the driver was improper.
(2) Administration by the police officer of the field sobriety tests (FSTs) was improper; resulting in inaccurate conclusions.
(3) Administration of the portable breath test (breathalyzer) was improperly done; resulting in inaccurate results.
(4) Administration of the standard breathalyzer test was improper; resulting in inaccurate results.
(5) Administration of the blood alcohol test, including the chain of custody of the blood, was improper; rendering inaccurate results.
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally recognized and respected, and ranked by his many clients as well as his legal peers as one of the "BEST 10 DUI and DWI" Defense Attorneys in the State of Maryland [AIDUIA-Certified]. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you.
Drunk driving laws in Maryland, as in other states, can be complicated. It is certainly very serious. A DUI or DWI conviction can adversely affect not only one's personal, but even more so a person's professional life and career. For example, generally a DUI or DWI conviction cannot be expunged from a person's criminal and traffic record. At my firm, we take these cases very seriously. We suggest you do so as well.
A driver charged with DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) has a few different options, should he or she choose to mount a defense. Almost invariably, these defenses will involve some form of attack on the arresting officer's actions --- or inactions. While Maryland is not the worst state to get a drunk driving charge in (the worst is probably Arizona), it is certainly not the best either. It is strongly recommended that a driver charged with DUI or DWI not self-represent themselves in this state.
A few common DUI and DWI defenses in Maryland are:
(1) The "stop" by police of the driver was improper.
(2) Administration by the police officer of the field sobriety tests (FSTs) was improper; resulting in inaccurate conclusions.
(3) Administration of the portable breath test (breathalyzer) was improperly done; resulting in inaccurate results.
(4) Administration of the standard breathalyzer test was improper; resulting in inaccurate results.
(5) Administration of the blood alcohol test, including the chain of custody of the blood, was improper; rendering inaccurate results.
Tuesday, October 20, 2015
The Lawyer's Mailbox: WASHINGTON D.C. DRUNK DRIVING DEFENSE : Charles Je...
The Lawyer's Mailbox: WASHINGTON D.C. DRUNK DRIVING DEFENSE : Charles Je...: www.charlesjeromeware.com "Here to make a Difference." Premier defense attorney Charles Jerome Ware i...
WASHINGTON D.C. DRUNK DRIVING DEFENSE : Charles Jerome Ware, LLC, A National Law DUI Firm
www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Washington Area-based, nationally-recognized and respected, and ranked by his many satisfied clients as well as his legal peers as one of the best DUI and DWI defense attorneys in the United States. For an initial courtesy consultation, contact him in his Columbia, Maryland offices at (410) 720-6129. He can help you.
As in every jurisdiction in the United States, drunk driving is treated seriously in Washington, D. C.
DUIs and DWIs are treated as crimes in this jurisdiction, not just as traffic offenses. Self-representation in a drunk driving case in the nation's capitol is not a good idea. Get a DUI lawyer.
Drivers in D.C. with a Blood Alcohol Concentration (BAC) of 0.08 grams or more can be charged with Driving While Intoxicated (DWI). Pursuant to DC Code, Section 50-2201.05(b), for a first offense/conviction the driver/defendant can be sentenced to a fine of $300 and a maximum of 90 days in jail. If the driver/defendant had a BAC of 0.20 grams or higher, there is a mandatory minimum of five(5) days in jail. And, if a driver/defendant's BAC was higher than 0.25 grams, there is an additional 10 days of mandatory jail time.
Beyond the so-called "standard" Field Sobriety Tests (FSTs), which are very subjective and inaccurate, the prevailing tool for most DWI and DUI prosecutions is the Breath Test (Breathalyzer). Despite law enforcement endorsement, and wide public misconception, the breathalyzer or breath test is not nearly scientifically accurate or reliable, and is certainly untrustworthy in many cases of establishing drunkenness of a driver.
Literally all methods of breath testing may be subject to one or more of the following deficiencies or errors:
1. Improper laboratory calibration of breath testing machine;
2. Improper calibration of breathalyzer calibration by police at the Metropolitan Police station;
3. Equipment error;
4. Operator or procedural error when breath testing or even obtaining blood or urine samples; and
5. Physiological or biological conditions of the defendant/driver.
Premier defense attorney Charles Jerome Ware is Washington Area-based, nationally-recognized and respected, and ranked by his many satisfied clients as well as his legal peers as one of the best DUI and DWI defense attorneys in the United States. For an initial courtesy consultation, contact him in his Columbia, Maryland offices at (410) 720-6129. He can help you.
As in every jurisdiction in the United States, drunk driving is treated seriously in Washington, D. C.
DUIs and DWIs are treated as crimes in this jurisdiction, not just as traffic offenses. Self-representation in a drunk driving case in the nation's capitol is not a good idea. Get a DUI lawyer.
Drivers in D.C. with a Blood Alcohol Concentration (BAC) of 0.08 grams or more can be charged with Driving While Intoxicated (DWI). Pursuant to DC Code, Section 50-2201.05(b), for a first offense/conviction the driver/defendant can be sentenced to a fine of $300 and a maximum of 90 days in jail. If the driver/defendant had a BAC of 0.20 grams or higher, there is a mandatory minimum of five(5) days in jail. And, if a driver/defendant's BAC was higher than 0.25 grams, there is an additional 10 days of mandatory jail time.
Beyond the so-called "standard" Field Sobriety Tests (FSTs), which are very subjective and inaccurate, the prevailing tool for most DWI and DUI prosecutions is the Breath Test (Breathalyzer). Despite law enforcement endorsement, and wide public misconception, the breathalyzer or breath test is not nearly scientifically accurate or reliable, and is certainly untrustworthy in many cases of establishing drunkenness of a driver.
Literally all methods of breath testing may be subject to one or more of the following deficiencies or errors:
1. Improper laboratory calibration of breath testing machine;
2. Improper calibration of breathalyzer calibration by police at the Metropolitan Police station;
3. Equipment error;
4. Operator or procedural error when breath testing or even obtaining blood or urine samples; and
5. Physiological or biological conditions of the defendant/driver.
Sunday, October 18, 2015
The Lawyer's Mailbox: HOWARD COUNTY & MARYLAND DUI/DWI LAW CENTER : Char...
The Lawyer's Mailbox: HOWARD COUNTY & MARYLAND DUI/DWI LAW CENTER : Char...: www.charlesjeromeware.com "Here to make a Difference." Premier DUI and DWI defense attorney Charles Je...
HOWARD COUNTY & MARYLAND DUI/DWI LAW CENTER : Charles Jerome Ware, LLC, A National Law Firm
www.charlesjeromeware.com "Here to make a Difference."
Premier DUI and DWI defense attorney Charles Jerome Ware is Maryland-based, and he is consistently ranked by his many satisfied clients and legal peers as one of the top drunk driving defense attorneys in the United States. For an initial courtesy consultation, contact Attorney Charles Ware and his colleagues at (410) 720-6129. He can help you.
Generally, I have found that drivers too often underestimate the damage a DUI or DWI can have on both their personal and professional lives. For example, most people do not realize that a DUI usually cannot be expunged from their criminal record. Oh... yes, drunk driving convictions are crimes --- not just traffic offenses !
These are criminal offenses can also be complex to navigate through both the administrative and judicial systems. If you intend to defense yourself (pro se) in these cases, you do so at your own peril. You will need a good, experienced DUI defense attorney to help you --- even with your first DUI or DWI ( preferably, you will not have more than one such experience). In any event, the point is this : As a defendant, TAKE THESE CASES SERIOUSLY. At my law firm, we certainly do.
Despite law enforcement efforts to create the image that drunk driving enforcement is a form of "science", it certainly is not from a defense perspective : Field sobriety tests (FSTs) are extremely subjective and inaccurate, and breath tests (breathalyzer tests) are equally unscientific and unreliable.
Good DUI defense attorneys know these facts.
There are several common drunk driving defenses, but just a few are as follows: (1) the police "stop" was improper (for any number of good reasons); (2) the arrest was improper because of the inaccuracy of the field sobriety tests (FSTs); (3) the arrest was improper due to the inaccuracy of the portable breathalyzer tests; (4) the arrest was inaccurate improper because of the inaccuracy of the standard breathalyzer tests; (5) the arrest was improper due to the improper chain of custody of the blood test, or because of the inadequate administration of the blood test; (6) the rising blood alcohol concentration (BAC) system and defense was in effect; (7) the accused was not the driver; (8) there were other improper police actions occurring; etc.
Additionally, there are numerous affirmative defenses to DUI and DWI charges, including : (1) necessity; (2) duress; (3) entrapment; (4) mistake of fact; (5) involuntary intoxication; etc.
Premier DUI and DWI defense attorney Charles Jerome Ware is Maryland-based, and he is consistently ranked by his many satisfied clients and legal peers as one of the top drunk driving defense attorneys in the United States. For an initial courtesy consultation, contact Attorney Charles Ware and his colleagues at (410) 720-6129. He can help you.
Generally, I have found that drivers too often underestimate the damage a DUI or DWI can have on both their personal and professional lives. For example, most people do not realize that a DUI usually cannot be expunged from their criminal record. Oh... yes, drunk driving convictions are crimes --- not just traffic offenses !
These are criminal offenses can also be complex to navigate through both the administrative and judicial systems. If you intend to defense yourself (pro se) in these cases, you do so at your own peril. You will need a good, experienced DUI defense attorney to help you --- even with your first DUI or DWI ( preferably, you will not have more than one such experience). In any event, the point is this : As a defendant, TAKE THESE CASES SERIOUSLY. At my law firm, we certainly do.
Despite law enforcement efforts to create the image that drunk driving enforcement is a form of "science", it certainly is not from a defense perspective : Field sobriety tests (FSTs) are extremely subjective and inaccurate, and breath tests (breathalyzer tests) are equally unscientific and unreliable.
Good DUI defense attorneys know these facts.
There are several common drunk driving defenses, but just a few are as follows: (1) the police "stop" was improper (for any number of good reasons); (2) the arrest was improper because of the inaccuracy of the field sobriety tests (FSTs); (3) the arrest was improper due to the inaccuracy of the portable breathalyzer tests; (4) the arrest was inaccurate improper because of the inaccuracy of the standard breathalyzer tests; (5) the arrest was improper due to the improper chain of custody of the blood test, or because of the inadequate administration of the blood test; (6) the rising blood alcohol concentration (BAC) system and defense was in effect; (7) the accused was not the driver; (8) there were other improper police actions occurring; etc.
Additionally, there are numerous affirmative defenses to DUI and DWI charges, including : (1) necessity; (2) duress; (3) entrapment; (4) mistake of fact; (5) involuntary intoxication; etc.
The Lawyer's Mailbox: MARYLAND & D.C. WRONGFUL DEATH LAW CENTER : Charle...
The Lawyer's Mailbox: MARYLAND & D.C. WRONGFUL DEATH LAW CENTER : Charle...: www.charlesjeromeware.com "Here to make a Difference." The premier national wrongful death law firm of ...
MARYLAND & D.C. WRONGFUL DEATH LAW CENTER : Charles Jerome Ware, LLC, A National Law Firm
www.charlesjeromeware.com "Here to make a Difference."
The premier national wrongful death law firm of Charles Jerome Ware, LLC is a Maryland and District of Columbia-based firm dedicated to seeking justice and compensation for loved ones of wrongful death victims. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you.
Each state or jurisdiction has its own laws governing wrongful death claims and lawsuits. As an example we will review cursorily the State of Maryland's laws in this regard.
Maryland wrongful death claims are intended to compensate the estate and the surviving immediate family members of a deceased person when an untimely death is caused by the negligence of another person or company.
Maryland and the District of Columbia typically divide wrongful death claims into two categories: (1) survival actions and (2) wrongful death actions.
"Survival Actions" are actions brought on behalf of the estate of the deceased person. These legal actions are designed to compensate the estate for losses it paid --- such as funeral, burial, and medical expenses --- related to the death of the individual. They also compensate the estate for losses the deceased person suffered directly, such as pain and suffering related to the final illness or injury.
"Wrongful Death Actions" are actions brought on behalf of the survivors of the deceased person : the spouse, parents, and/or children. These actions are intended to compensate the surviving family members for the losses suffered in connection with their loved one's untimely death, such as lost wages, lost companionship, and lost support.
In Maryland wrongful death claims, losses are expressed in terms of monetary damages. The specific types and amounts of damages available depend on whether the claim brought is a survival claim or a wrongful death claim. Damages available in a survival claim are damages suffered by the estate of the deceased person as a result of the untimely death. They include funeral and burial expenses, medical bills for the deceased person's final illness or injury, property damage costs, and damages for the deceased person's pain and suffering. damages available in a wrongful death claim are damages suffered by the deceased person's surviving family members as a result of the untimely death. They include lost wages and other compensation, as well as the loss of the deceased person's care, companionship, and guidance.
[ For informational purposes only; not for legal advice]
The premier national wrongful death law firm of Charles Jerome Ware, LLC is a Maryland and District of Columbia-based firm dedicated to seeking justice and compensation for loved ones of wrongful death victims. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you.
Each state or jurisdiction has its own laws governing wrongful death claims and lawsuits. As an example we will review cursorily the State of Maryland's laws in this regard.
Maryland wrongful death claims are intended to compensate the estate and the surviving immediate family members of a deceased person when an untimely death is caused by the negligence of another person or company.
Maryland and the District of Columbia typically divide wrongful death claims into two categories: (1) survival actions and (2) wrongful death actions.
"Survival Actions" are actions brought on behalf of the estate of the deceased person. These legal actions are designed to compensate the estate for losses it paid --- such as funeral, burial, and medical expenses --- related to the death of the individual. They also compensate the estate for losses the deceased person suffered directly, such as pain and suffering related to the final illness or injury.
"Wrongful Death Actions" are actions brought on behalf of the survivors of the deceased person : the spouse, parents, and/or children. These actions are intended to compensate the surviving family members for the losses suffered in connection with their loved one's untimely death, such as lost wages, lost companionship, and lost support.
In Maryland wrongful death claims, losses are expressed in terms of monetary damages. The specific types and amounts of damages available depend on whether the claim brought is a survival claim or a wrongful death claim. Damages available in a survival claim are damages suffered by the estate of the deceased person as a result of the untimely death. They include funeral and burial expenses, medical bills for the deceased person's final illness or injury, property damage costs, and damages for the deceased person's pain and suffering. damages available in a wrongful death claim are damages suffered by the deceased person's surviving family members as a result of the untimely death. They include lost wages and other compensation, as well as the loss of the deceased person's care, companionship, and guidance.
[ For informational purposes only; not for legal advice]
Friday, October 16, 2015
The Lawyer's Mailbox: CHALLENGES & DEFENSES IN HOWARD COUNTY/MARYLAND DU...
The Lawyer's Mailbox: CHALLENGES & DEFENSES IN HOWARD COUNTY/MARYLAND DU...: www.charlesjeromeware.com "Here to make a Difference." Premier defense attorney Charles Jerome Ware is M...
CHALLENGES & DEFENSES IN HOWARD COUNTY/MARYLAND DUIs & DWIs : "BEST 10 DUI/DWI DEFENSE ATTORNEY" CHARLES WARE (AIDUIA)
www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-known and respected, and ranked by his many satisfied clients, legal peers, as well as the national trial lawyers association AIDUIA as one of the top DUI and DWI defense attorneys in the United States. For an initial courtesy consultation, contact Attorney Charles Jerome Ware at (410) 720-6129.
DUI and DWI cases have become some of the most complex cases in the criminal justice system. In contradiction to what many in the general public erroneously believe, DUIs and DWIs are not just traffic offenses. They are, instead, serious crimes involving motor vehicles. Consequently, law enforcement prosecution tactics of these crimes as well as defense challenges are increasingly more vigorous when it comes to these drunk driving cases.
Law enforcement policing of drunk driving cases is not nearly as accurate, precise, scientific and trustworthy as police and prosecutors would have you think.
Field Sobriety Tests (FSTs) are subjective and inaccurate. Breathalyzer machines are untrustworthy and inaccurate.
Some common drunk driving defenses are improper stops by the police, improperly administered field sobriety tests (FSTs) resulting in inaccurate results, improperly administered breathalyzer device tests resulting in inaccurate results, and improper chain of custody blood tests, etc.
Some affirmative defenses to DUI and DWI charges are necessity, duress, entrapment, mistake of fact, and involuntary intoxication, etc.
There are numerous other defense challenges, including issues of prescription and over-the-counter drug use during the DUI/DWI arrest, medical issues during the arrest such as diabetes, GERD (Gastroesophageal Reflux Disease), challenges to blood draws and test results, etc.
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-known and respected, and ranked by his many satisfied clients, legal peers, as well as the national trial lawyers association AIDUIA as one of the top DUI and DWI defense attorneys in the United States. For an initial courtesy consultation, contact Attorney Charles Jerome Ware at (410) 720-6129.
DUI and DWI cases have become some of the most complex cases in the criminal justice system. In contradiction to what many in the general public erroneously believe, DUIs and DWIs are not just traffic offenses. They are, instead, serious crimes involving motor vehicles. Consequently, law enforcement prosecution tactics of these crimes as well as defense challenges are increasingly more vigorous when it comes to these drunk driving cases.
Law enforcement policing of drunk driving cases is not nearly as accurate, precise, scientific and trustworthy as police and prosecutors would have you think.
Field Sobriety Tests (FSTs) are subjective and inaccurate. Breathalyzer machines are untrustworthy and inaccurate.
Some common drunk driving defenses are improper stops by the police, improperly administered field sobriety tests (FSTs) resulting in inaccurate results, improperly administered breathalyzer device tests resulting in inaccurate results, and improper chain of custody blood tests, etc.
Some affirmative defenses to DUI and DWI charges are necessity, duress, entrapment, mistake of fact, and involuntary intoxication, etc.
There are numerous other defense challenges, including issues of prescription and over-the-counter drug use during the DUI/DWI arrest, medical issues during the arrest such as diabetes, GERD (Gastroesophageal Reflux Disease), challenges to blood draws and test results, etc.
The Lawyer's Mailbox: ARRESTED FOR DUI/DWI IN HOWARD COUNTY/MARYLAND ? :...
The Lawyer's Mailbox: ARRESTED FOR DUI/DWI IN HOWARD COUNTY/MARYLAND ? :...: www.charlesjeromeware.com "Here to make a Difference." Premier defense attorney Charles Jerome Ware ...
ARRESTED FOR DUI/DWI IN HOWARD COUNTY/MARYLAND ? : AIDUIA "BEST 10" DUI/DWI DEFENSE ATTORNEY CHARLES WARE
www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-known and respected, and ranked by his many clients, legal peers, as well as the national DUI/DWI trial lawyers association AIDUIA as one of the top DUI and DWI defense attorneys in the United States. 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. Drivers should be aware that enforcement of these laws is treated very seriously in the state. DUIs and DWIs are treated as crimes here; not just simple traffic offenses. A drunk driving conviction can seriously and adversely affect both your personal and professional lives. Contact a qualified DUI lawyer immediately after your arrest.
After a DUI or DWI arrest, you have only 10 days from the date of your arrest request a Maryland Motor Vehicle Administration (MVA) hearing --- should you desire to do so --- with the Office of Administrative Hearings, and pay a $ 150 fee to the Maryland State Treasurer. The actual purpose of the hearing is to attempt some type of accommodation in keeping your driver's license for an interim period until your case has been fully resolved both administratively and judicially.
In Maryland, the minimum blood alcohol concentration (BAC) level for a Driving Under the Influence (DUI) conviction is 0.08 % of higher. A BAC level of 0.07 % can result in a DWI (Driving While Impaired) conviction.
FIELD SOBRIETY TESTS (FSTs) and BREATHALYZER TESTS
Standard Field Sobriety Tests (SFSTs), or simply Field Sobriety Tests (FTSs), are generally a battery of 3 physical tests administered by the police officer and performed by the driver during an alleged drunk driving stop to determine in the officer's opinion if a driver is over the legal BAC limit. These tests are very subjective and consequently inaccurate, and not mandatory for the driver to perform. In fact, many drivers should decline to take these tests --- which is their right.
This is different from breathalyzer tests, in which a refusal can result in an automatic suspension of the person's driver's license. In some cases, even this refusal and suspension could be worth it to the driver. Despite law enforcement efforts to bolster breathalyzer devices as being scientifically accurate and reliable, they are not. Many things have to go right for the average breathalyzer result to be trustworthy; but , it is extremely rare for these utopia of events to occur. There are many flaws with breathalyzer devices.
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-known and respected, and ranked by his many clients, legal peers, as well as the national DUI/DWI trial lawyers association AIDUIA as one of the top DUI and DWI defense attorneys in the United States. 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. Drivers should be aware that enforcement of these laws is treated very seriously in the state. DUIs and DWIs are treated as crimes here; not just simple traffic offenses. A drunk driving conviction can seriously and adversely affect both your personal and professional lives. Contact a qualified DUI lawyer immediately after your arrest.
After a DUI or DWI arrest, you have only 10 days from the date of your arrest request a Maryland Motor Vehicle Administration (MVA) hearing --- should you desire to do so --- with the Office of Administrative Hearings, and pay a $ 150 fee to the Maryland State Treasurer. The actual purpose of the hearing is to attempt some type of accommodation in keeping your driver's license for an interim period until your case has been fully resolved both administratively and judicially.
In Maryland, the minimum blood alcohol concentration (BAC) level for a Driving Under the Influence (DUI) conviction is 0.08 % of higher. A BAC level of 0.07 % can result in a DWI (Driving While Impaired) conviction.
FIELD SOBRIETY TESTS (FSTs) and BREATHALYZER TESTS
Standard Field Sobriety Tests (SFSTs), or simply Field Sobriety Tests (FTSs), are generally a battery of 3 physical tests administered by the police officer and performed by the driver during an alleged drunk driving stop to determine in the officer's opinion if a driver is over the legal BAC limit. These tests are very subjective and consequently inaccurate, and not mandatory for the driver to perform. In fact, many drivers should decline to take these tests --- which is their right.
This is different from breathalyzer tests, in which a refusal can result in an automatic suspension of the person's driver's license. In some cases, even this refusal and suspension could be worth it to the driver. Despite law enforcement efforts to bolster breathalyzer devices as being scientifically accurate and reliable, they are not. Many things have to go right for the average breathalyzer result to be trustworthy; but , it is extremely rare for these utopia of events to occur. There are many flaws with breathalyzer devices.
Tuesday, October 13, 2015
The Lawyer's Mailbox: BALTIMORE,MARYLAND BEGINNER LANDLORD LEAD PAINT CO...
The Lawyer's Mailbox: BALTIMORE,MARYLAND BEGINNER LANDLORD LEAD PAINT CO...: www.charlesjeromeware.com "Here to make a Difference." The nationally-respected and premier law firm of Ch...
BALTIMORE,MARYLAND BEGINNER LANDLORD LEAD PAINT COMPLIANCE TIPS : Charles Jerome Ware, LLC, A National Law Firm
www.charlesjeromeware.com "Here to make a Difference."
The nationally-respected and premier law firm of Charles Jerome Ware, LLC is Maryland-based, and
it is recognized by its many satisfied landlord clients as well as its legal peers as one of the top lead paint and lead poisoning defense law firms in the United States. For an initial courtesy consultation, contact premier trial attorney Charles Ware and his colleagues at (410) 720-6129. We can help you.
Some Baltimore, Maryland Beginner Landlord Lead Paint Compliance Tips :
1. KNOW the age of the rental property before you purchase it. It is guesstimated by some that more than 75% of all houses and apartments built before 1978 in the Baltimore area either contains or has originally contained lead paint. Do your due diligence and find out before you purchase the property.
2. KNOW that lead (Pb) is virtually everywhere in some residential neighborhoods in the city, including: the air we breathe, the water we drink, the soil, dust, job sites, industrial sites and commercial buildings, government buildings, and numerous consumer products, etc.
3. THERE ARE NUMEROUS Baltimore City, Maryland State, and Federal lead paint rules, protocols, warnings, notices , regulations and laws that every residential rental property landlord should KNOW. You may not learn them all, but you should familiarize yourself with the major ones.
4. USE ONLY Maryland Department of the Environment (MDE)-certified or accredited companies, supervisors, and/or workers when doing any lead abatement or removal, home improvement, or other construction work on any pre-1978 built residential rental property.
5. KNOW that "uninterrupted" lead paint is generally considered not harmful to the body. IT IS "interrupted" (i.e., chipped, flaked, cracked, leaded dust and lead paint dust, etc.) that is ingested and/or inhaled that can be harmful to the body; particularly in children up to age 6 years.
6. REMEMBER TO (1) provide good MAINTENANCE on your residential rental property; (2) provide adequate and documented NOTICE to all tenants of the rental property; and (3) keep good and proper DOCUMENTATION/RECORD-KEEPING on the rental property as well as the tenants.
Contact us when you need advice, consultation, or legal representation. We can help you.
The nationally-respected and premier law firm of Charles Jerome Ware, LLC is Maryland-based, and
it is recognized by its many satisfied landlord clients as well as its legal peers as one of the top lead paint and lead poisoning defense law firms in the United States. For an initial courtesy consultation, contact premier trial attorney Charles Ware and his colleagues at (410) 720-6129. We can help you.
Some Baltimore, Maryland Beginner Landlord Lead Paint Compliance Tips :
1. KNOW the age of the rental property before you purchase it. It is guesstimated by some that more than 75% of all houses and apartments built before 1978 in the Baltimore area either contains or has originally contained lead paint. Do your due diligence and find out before you purchase the property.
2. KNOW that lead (Pb) is virtually everywhere in some residential neighborhoods in the city, including: the air we breathe, the water we drink, the soil, dust, job sites, industrial sites and commercial buildings, government buildings, and numerous consumer products, etc.
3. THERE ARE NUMEROUS Baltimore City, Maryland State, and Federal lead paint rules, protocols, warnings, notices , regulations and laws that every residential rental property landlord should KNOW. You may not learn them all, but you should familiarize yourself with the major ones.
4. USE ONLY Maryland Department of the Environment (MDE)-certified or accredited companies, supervisors, and/or workers when doing any lead abatement or removal, home improvement, or other construction work on any pre-1978 built residential rental property.
5. KNOW that "uninterrupted" lead paint is generally considered not harmful to the body. IT IS "interrupted" (i.e., chipped, flaked, cracked, leaded dust and lead paint dust, etc.) that is ingested and/or inhaled that can be harmful to the body; particularly in children up to age 6 years.
6. REMEMBER TO (1) provide good MAINTENANCE on your residential rental property; (2) provide adequate and documented NOTICE to all tenants of the rental property; and (3) keep good and proper DOCUMENTATION/RECORD-KEEPING on the rental property as well as the tenants.
Contact us when you need advice, consultation, or legal representation. We can help you.
The Lawyer's Mailbox: LITIGATING MARYLAND MENTAL COMPETENCY TO STAND TRI...
The Lawyer's Mailbox: LITIGATING MARYLAND MENTAL COMPETENCY TO STAND TRI...: www.charlesjeromeware.com " Here to make a Difference." The premier nationally-respected criminal and civil d...
LITIGATING MARYLAND MENTAL COMPETENCY TO STAND TRIAL : CHARLES JEROME WARE, LLC, A National Law Firm
www.charlesjeromeware.com " Here to make a Difference."
The premier nationally-respected criminal and civil defense law firm of Charles Jerome Ware, LLC is Maryland-based and recognized by its many satisfied clients as well as its legal peers as one of the top trial law firms in the United States. For an initial courtesy consultation, contact the firm at (410) 720-6129.
Regardless of whether it is the insanity plea, allegations of impairment or incompetence, or diminished capacity, mental health issues permeate the justice system. These issues can affect the defendant at the time of arrest, in bail decisions, during the trial, as well as at sentencing.
The number of persons with mental illness in United States jails continues to grow astronomically. It is estimated that currently the prevalence of active serious mental illness among inmates admitted in Maryland and other jails throughout the United States is over twenty percent. Besides their various mental illnesses, a very high number of these persons have a concomitant or co-occurring alcohol and/or drug use disorder.
Defense attorneys and other criminal justice professionals as well as mental health professionals and advocates have for years called for diversion efforts to connect those offenders with mental illnesses to community-based services to disconnect their continued cycling through the vastly-overcrowded criminal justice system. In reality, instead of expensive and underproductive
warehousing, many of these individuals would be better-served with improved and expanded mental health facilities and substance abuse treatment systems.
Code of Maryland, Criminal Procedure, Title 3, contains Maryland law and procedure concerning the processes for assessing competence of individuals to stand trial, etc.
Competency to stand trial is a concept of law and jurisprudence which facilitates the postponement
and/or decision-making of criminal proceedings for those defendants who are unable (lack the full mental capacity) to properly participate in their defense on account of their mental or physical order, or mental retardation. The issues involved with a competency determination are highly complex and complicated. High levels of clinical knowledge and skills by the evaluating professional, as well as considerable knowledge of the legal system, are necessary.
The premier nationally-respected criminal and civil defense law firm of Charles Jerome Ware, LLC is Maryland-based and recognized by its many satisfied clients as well as its legal peers as one of the top trial law firms in the United States. For an initial courtesy consultation, contact the firm at (410) 720-6129.
Regardless of whether it is the insanity plea, allegations of impairment or incompetence, or diminished capacity, mental health issues permeate the justice system. These issues can affect the defendant at the time of arrest, in bail decisions, during the trial, as well as at sentencing.
The number of persons with mental illness in United States jails continues to grow astronomically. It is estimated that currently the prevalence of active serious mental illness among inmates admitted in Maryland and other jails throughout the United States is over twenty percent. Besides their various mental illnesses, a very high number of these persons have a concomitant or co-occurring alcohol and/or drug use disorder.
Defense attorneys and other criminal justice professionals as well as mental health professionals and advocates have for years called for diversion efforts to connect those offenders with mental illnesses to community-based services to disconnect their continued cycling through the vastly-overcrowded criminal justice system. In reality, instead of expensive and underproductive
warehousing, many of these individuals would be better-served with improved and expanded mental health facilities and substance abuse treatment systems.
Code of Maryland, Criminal Procedure, Title 3, contains Maryland law and procedure concerning the processes for assessing competence of individuals to stand trial, etc.
Competency to stand trial is a concept of law and jurisprudence which facilitates the postponement
and/or decision-making of criminal proceedings for those defendants who are unable (lack the full mental capacity) to properly participate in their defense on account of their mental or physical order, or mental retardation. The issues involved with a competency determination are highly complex and complicated. High levels of clinical knowledge and skills by the evaluating professional, as well as considerable knowledge of the legal system, are necessary.
Monday, October 12, 2015
The Lawyer's Mailbox: MARYLAND PRE-DIVORCE TIPS AND BOOT CAMP : Charles ...
The Lawyer's Mailbox: MARYLAND PRE-DIVORCE TIPS AND BOOT CAMP : Charles ...: www.charlesjeromeware.com "Here to make a Difference." The premier divorce and family law firm of Charles Jerome Ware,...
MARYLAND PRE-DIVORCE TIPS AND BOOT CAMP : Charles Jerome Ware, LLC, A National Law Firm
www.charlesjeromeware.com "Here to make a Difference."
The premier divorce and family law firm of Charles Jerome Ware, LLC is Columbia, Howard County, Maryland-based, and ranked by its many satisfied clients as well as its legal peers as one of the top divorce and family law firms in the United States [ see also, "BEST 10" IN HOWARD COUNTY ;www.primebuyersreport.org]. For an initial courtesy consultation, contact premier attorney Charles Ware and his staff at (410) 720-6129. They can help you.
For even the most emotionally stoic individual, divorce can be very traumatic. The death of a marriage affects not only the two parties, but their children, other family and friends as well. Issues such as new living arrangements, parenting and other schedules, marital property and money must be dealt with , etc. The anxiety and emotions caused by these radical changes in people's lives can frequently make it difficult for the spouses involved to understand the complex legal process of divorce, and may even hinder their ability to make sound decisions. Getting through a divorce may be less stressful if the parties involved are informed about this legal process before it begins. Let's talk about it :
(1) Your goal should be to " successfully survive" your divorce , not to "win" it.
In my more than 35 years of very successfully representing thousands of good people going through the divorce process, I have rarely ever seen a case where there was a true "winner", even though my clients usually fare extremely well, as far it goes. Calm down, enhance your poise, and work around your anger and anxiety.
(2) Do not panic; and do not make important decisions without seeking competent advice and thinking the decisions through carefully.
Many life-changing decisions come up during the divorce process. Whether to sell the family home, child custody and visitation decisions, marital property division, etc., are all important issues. Resist the temptation or impulse to make quick decisions "just to get the case over with." Always consider the potential consequences of your decisions.
(3) Beware the "gossip mongers", "rubberneckers", "know-it-alls" and other untrained "divorce experts", etc. Do not believe everything other people tell you about their divorce and about other couples' divorces.
In my more than 35 years of representing clients in the divorce process I have observed and learned that each and every divorce is unique in its facts and outcomes. No two divorces are the same in circumstance. Keep that thought in mind when going through your divorce. It is best to base your decisions in your divorce process on your experiences, not totally on someone else's experiences.
(4) Prepare for your divorce with your "big picture" in mind.
Focus not so much on the past; but prepare strategically for your future. Move forward with your life, with your "big picture" in mind. You can make well-considered concessions on small issues, and spend more time, energy and thought on the more important matters.
The premier divorce and family law firm of Charles Jerome Ware, LLC is Columbia, Howard County, Maryland-based, and ranked by its many satisfied clients as well as its legal peers as one of the top divorce and family law firms in the United States [ see also, "BEST 10" IN HOWARD COUNTY ;www.primebuyersreport.org]. For an initial courtesy consultation, contact premier attorney Charles Ware and his staff at (410) 720-6129. They can help you.
For even the most emotionally stoic individual, divorce can be very traumatic. The death of a marriage affects not only the two parties, but their children, other family and friends as well. Issues such as new living arrangements, parenting and other schedules, marital property and money must be dealt with , etc. The anxiety and emotions caused by these radical changes in people's lives can frequently make it difficult for the spouses involved to understand the complex legal process of divorce, and may even hinder their ability to make sound decisions. Getting through a divorce may be less stressful if the parties involved are informed about this legal process before it begins. Let's talk about it :
(1) Your goal should be to " successfully survive" your divorce , not to "win" it.
In my more than 35 years of very successfully representing thousands of good people going through the divorce process, I have rarely ever seen a case where there was a true "winner", even though my clients usually fare extremely well, as far it goes. Calm down, enhance your poise, and work around your anger and anxiety.
(2) Do not panic; and do not make important decisions without seeking competent advice and thinking the decisions through carefully.
Many life-changing decisions come up during the divorce process. Whether to sell the family home, child custody and visitation decisions, marital property division, etc., are all important issues. Resist the temptation or impulse to make quick decisions "just to get the case over with." Always consider the potential consequences of your decisions.
(3) Beware the "gossip mongers", "rubberneckers", "know-it-alls" and other untrained "divorce experts", etc. Do not believe everything other people tell you about their divorce and about other couples' divorces.
In my more than 35 years of representing clients in the divorce process I have observed and learned that each and every divorce is unique in its facts and outcomes. No two divorces are the same in circumstance. Keep that thought in mind when going through your divorce. It is best to base your decisions in your divorce process on your experiences, not totally on someone else's experiences.
(4) Prepare for your divorce with your "big picture" in mind.
Focus not so much on the past; but prepare strategically for your future. Move forward with your life, with your "big picture" in mind. You can make well-considered concessions on small issues, and spend more time, energy and thought on the more important matters.
Sunday, October 11, 2015
The Lawyer's Mailbox: BALTIMORE'S " PROJECT GLORY" LANDLORD LEAD POISONI...
The Lawyer's Mailbox: BALTIMORE'S " PROJECT GLORY" LANDLORD LEAD POISONI...: www.charlesjeromeware.com "Here to make a Difference." Charles Jerome Ware, LLC is a premier, nationally recognized and r...
BALTIMORE'S " PROJECT GLORY" LANDLORD LEAD POISONING DEFENSE TIPS: CHARLES JEROME WARE, LLC, A National Law Firm
www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware, LLC is a premier, nationally recognized and respected lead paint and lead poisoning law firm based in Maryland. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you when you are being sued for lead paint poisoning.
Lead poisoning is considered by many to be a public health problem in Baltimore. And rightly so, lead (Pb) appears to be just about everywhere --- from the air we breathe to the water we drink. And, of course, in the lead-based paint left in Baltimore area homes built before 1978.
If you are a Baltimore area residential landlord whose residential rental units include property built prior to 1978, we recommend the following:
(1)Prior to renting the property to a new tenant, require the prospective tenant to disclose the names and ages of all persons who will reside in the residential unit.
(2) Inspective the property with the prospective tenant and require the tenant to sign an inspection sheet confirming that each room of the property is free of peeling, chipping, flaking, dust, or other defective paint conditions.
(3) Hire only Maryland Department of the Environment (MDE)-certified or accredited workers and companies to perform all lead abatement or removal work, home improvement or renovation work, etc., on the rental property.
(4) Conduct periodic inspections of each residential unit and follow the same procedure with respect to the maintenance of inspection sheets signed by the tenants.
(5) Treat all tenant complaints of peeling or flaking paint conditions as emergencies requiring immediate attention.
(6) Maintain good records on both property maintenance as well as tenants. If tenants do not cooperate with you, keep records of their lack of cooperation as well.
Charles Jerome Ware, LLC is a premier, nationally recognized and respected lead paint and lead poisoning law firm based in Maryland. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you when you are being sued for lead paint poisoning.
Lead poisoning is considered by many to be a public health problem in Baltimore. And rightly so, lead (Pb) appears to be just about everywhere --- from the air we breathe to the water we drink. And, of course, in the lead-based paint left in Baltimore area homes built before 1978.
If you are a Baltimore area residential landlord whose residential rental units include property built prior to 1978, we recommend the following:
(1)Prior to renting the property to a new tenant, require the prospective tenant to disclose the names and ages of all persons who will reside in the residential unit.
(2) Inspective the property with the prospective tenant and require the tenant to sign an inspection sheet confirming that each room of the property is free of peeling, chipping, flaking, dust, or other defective paint conditions.
(3) Hire only Maryland Department of the Environment (MDE)-certified or accredited workers and companies to perform all lead abatement or removal work, home improvement or renovation work, etc., on the rental property.
(4) Conduct periodic inspections of each residential unit and follow the same procedure with respect to the maintenance of inspection sheets signed by the tenants.
(5) Treat all tenant complaints of peeling or flaking paint conditions as emergencies requiring immediate attention.
(6) Maintain good records on both property maintenance as well as tenants. If tenants do not cooperate with you, keep records of their lack of cooperation as well.
The Lawyer's Mailbox: MARYLAND LEAD PAINT LEGAL DEFENSE PROTECTION : BAL...
The Lawyer's Mailbox: MARYLAND LEAD PAINT LEGAL DEFENSE PROTECTION : BAL...: www.charlesjeromeware.com "Here to make a Difference." The premier national law firm of Charles Jerome Ware, LLC is ...
MARYLAND LEAD PAINT LEGAL DEFENSE PROTECTION : BALTIMORE LEAD DEFENSE LAWYERS
www.charlesjeromeware.com "Here to make a Difference."
The premier national law firm of Charles Jerome Ware, LLC is Maryland-based, and both renowned and respected for its successful defense of numerous landlords and landowners in lead paint and lead poisoning claims and lawsuits. For an initial courtesy consultation, contact this premier defense law firm at (410) 720-6129. We can help you.
There is little doubt that lead poisoning is a major public health problem in Baltimore, specifically, and in Maryland, generally. Lead is literally everywhere in the Baltimore metropolitan area, including : the air we breathe; the water we drink; the soil; playgrounds and sandlots; dust; pipes and other plumbing fixtures; toys and furniture; hobbies and jobs; industrial sites and buildings; pottery and ceramics; cooking and drinking utensils; foreign-made candies, drinks and foods; cosmetics and jewelry, etc., and in the lead paint of pre-1978 built apartments and houses. It is these residential rental units and their landlords that receive the vast majority of lead paint poisoning claims and lawsuits in Maryland.
When it comes to residential landlords and their efforts to avoid and win lead paint poisoning cases, we recommend the following 3 key tips to all of our clients : (1) keep good MDE-approved MAINTENANCE on the rental property; (2) maintain adequate Federal and State NOTICE to tenants on the rental property; and (3) keep good landlord DOCUMENTATION/RECORD-KEEPING on both tenants and the rental property.
The premier national law firm of Charles Jerome Ware, LLC is Maryland-based, and both renowned and respected for its successful defense of numerous landlords and landowners in lead paint and lead poisoning claims and lawsuits. For an initial courtesy consultation, contact this premier defense law firm at (410) 720-6129. We can help you.
There is little doubt that lead poisoning is a major public health problem in Baltimore, specifically, and in Maryland, generally. Lead is literally everywhere in the Baltimore metropolitan area, including : the air we breathe; the water we drink; the soil; playgrounds and sandlots; dust; pipes and other plumbing fixtures; toys and furniture; hobbies and jobs; industrial sites and buildings; pottery and ceramics; cooking and drinking utensils; foreign-made candies, drinks and foods; cosmetics and jewelry, etc., and in the lead paint of pre-1978 built apartments and houses. It is these residential rental units and their landlords that receive the vast majority of lead paint poisoning claims and lawsuits in Maryland.
When it comes to residential landlords and their efforts to avoid and win lead paint poisoning cases, we recommend the following 3 key tips to all of our clients : (1) keep good MDE-approved MAINTENANCE on the rental property; (2) maintain adequate Federal and State NOTICE to tenants on the rental property; and (3) keep good landlord DOCUMENTATION/RECORD-KEEPING on both tenants and the rental property.
The Lawyer's Mailbox: INSPIRING CLIENT UPDATE : CHARLES JEROME WARE, LLC...
The Lawyer's Mailbox: INSPIRING CLIENT UPDATE : CHARLES JEROME WARE, LLC...: www.charlesjeromeware.com "Here to make a Difference." Congratulations to National Cancer Institute, of Bethesda, Mary...
INSPIRING CLIENT UPDATE : CHARLES JEROME WARE, LLC, A NATIONAL LAW FIRM
www.charlesjeromeware.com "Here to make a Difference."
Congratulations to National Cancer Institute, of Bethesda, Maryland, scientist Dr. Steven A. Rosenberg, chief of surgery at the Center, for being named the Federal Employee of the Year (2015). Dr. Rosenberg is noted for his pioneering methods of turning the body's immune system against cancer.
Congratulations to National Cancer Institute, of Bethesda, Maryland, scientist Dr. Steven A. Rosenberg, chief of surgery at the Center, for being named the Federal Employee of the Year (2015). Dr. Rosenberg is noted for his pioneering methods of turning the body's immune system against cancer.
Saturday, October 10, 2015
The Lawyer's Mailbox: HO. CO. & MARYLAND DUI BREATH TEST DEFENSES : MARY...
The Lawyer's Mailbox: HO. CO. & MARYLAND DUI BREATH TEST DEFENSES : MARY...: www.charlesjeromeware.com "Here to make a Difference." Premier defense attorney Charles Jerome Ware is Columbia-based...
HO. CO. & MARYLAND DUI BREATH TEST DEFENSES : MARYLAND "BEST 10" DUI & DWI ATTORNEY CHARLES WARE
www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Columbia-based and ranked by his many satisfied clients as well as his legal peers as one of the State of Maryland's "BEST 10 DUI and DWI ATTORNEYS" and one of the top DUI and DWI defense attorneys in the United States. For an initial courtesy consultation, contact premier defense attorney Charles Ware at (410) 720-6129. He can help you.
Drunk driving charges and arrests are treated very seriously in Howard County and throughout the State of Maryland by local, state and Federal law enforcement officials, the courts and the Motor Vehicle Administration (MVA). DUI and DWI convictions are not just traffic offenses as many people mistakenly believe. DUIs and DWIs are treated as criminal offenses by the entire judicial system. Further, drunk driving laws in Maryland can be complex and complicated. You need a competent and experienced defense attorney to represent you when confronted with these serious charges --- which can adversely affect you, both personally and professionally, for the rest of your life.
Throughout the United States, various law enforcement agencies rely principally upon 5 tests to charge and arrest people for drunk driving ( e.g., DUI and DWI) : (1) Field Sobriety Tests ("FSTs"),
(2) Breath tests ("Breathalyzers"), (3) Blood tests, (4) Urine analysis tests, and (5) Saliva tests. If you and your attorney can successfully challenge the accuracy of these tests, the tests results may be deemed inadmissible at your trial. Some of your challenges could be:
1. Failure by the police officer to provide you with necessary warnings or information., such as the legal consequences of you refusing to take the test, etc.
2. Improper administration of the breath test and/or other tests to you; including improper techniques, lack of proper calibration of the breath test device, etc.
3. Challenging the accuracy of the results of the breath test and other tests; including improper conditions for administering the test.
4. Consumption of food and/or medication; which can adversely affect the results of the test for the driver.
5. Improper timing of the breath test. It takes about 45 minutes to three hours for alcohol to become fully absorbed into the body. This means that if the driver just had "one for the road", he or she may not be legally impaired while driving, even if a chemical test administered later shows A blood alcohol concentration (BAC) over the legal limit. This defense is called "improper testing during the absorption phase."
Premier defense attorney Charles Jerome Ware is Columbia-based and ranked by his many satisfied clients as well as his legal peers as one of the State of Maryland's "BEST 10 DUI and DWI ATTORNEYS" and one of the top DUI and DWI defense attorneys in the United States. For an initial courtesy consultation, contact premier defense attorney Charles Ware at (410) 720-6129. He can help you.
Drunk driving charges and arrests are treated very seriously in Howard County and throughout the State of Maryland by local, state and Federal law enforcement officials, the courts and the Motor Vehicle Administration (MVA). DUI and DWI convictions are not just traffic offenses as many people mistakenly believe. DUIs and DWIs are treated as criminal offenses by the entire judicial system. Further, drunk driving laws in Maryland can be complex and complicated. You need a competent and experienced defense attorney to represent you when confronted with these serious charges --- which can adversely affect you, both personally and professionally, for the rest of your life.
Throughout the United States, various law enforcement agencies rely principally upon 5 tests to charge and arrest people for drunk driving ( e.g., DUI and DWI) : (1) Field Sobriety Tests ("FSTs"),
(2) Breath tests ("Breathalyzers"), (3) Blood tests, (4) Urine analysis tests, and (5) Saliva tests. If you and your attorney can successfully challenge the accuracy of these tests, the tests results may be deemed inadmissible at your trial. Some of your challenges could be:
1. Failure by the police officer to provide you with necessary warnings or information., such as the legal consequences of you refusing to take the test, etc.
2. Improper administration of the breath test and/or other tests to you; including improper techniques, lack of proper calibration of the breath test device, etc.
3. Challenging the accuracy of the results of the breath test and other tests; including improper conditions for administering the test.
4. Consumption of food and/or medication; which can adversely affect the results of the test for the driver.
5. Improper timing of the breath test. It takes about 45 minutes to three hours for alcohol to become fully absorbed into the body. This means that if the driver just had "one for the road", he or she may not be legally impaired while driving, even if a chemical test administered later shows A blood alcohol concentration (BAC) over the legal limit. This defense is called "improper testing during the absorption phase."
Friday, October 9, 2015
The Lawyer's Mailbox: DEFENDANT LEAD PAINT POISONING PREVENTION MARYLAND...
The Lawyer's Mailbox: DEFENDANT LEAD PAINT POISONING PREVENTION MARYLAND...: www.charlesjeromeware.com "Here to make a Difference." Premier defense attorney Charles Jerome Ware is Maryla...
DEFENDANT LEAD PAINT POISONING PREVENTION MARYLAND AND D.C. LEAD DEFENSE ATTORNEYS
www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based and nationally-respected as one of the top lead paint and lead poisoning defense attorneys in the United States. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He and his firm can help you.
Some scientists estimate that over 10 billion pounds of lead (Pb) were used in the manufacture of leaded paint in the United States between 1889 and 1970. Lead paint was banned by the Federal government for consumer and residential uses in the United States in 1978 [U. S. Consumer Product Safety Commission]. While much of the previously laid down lead paint is now covered up, the lead paint that is exposed continues to deteriorate, posing an ongoing and potentially increasing health risk; particularly in children under age 6 years.
With the gasoline companies and paint manufacturers avoiding liability, it is the inner-city residential rental landlords who continue to experience the burden of lead paint poisoning claims and lawsuits in Maryland and the District of Columbia,
One of the biggest problems for residential rental landlords is the fact that lead (Pb) is virtually everywhere in our society, From even just one of numerous sources of lead --- the now banned use of lead in gasoline in the U. S. ---there is estimated to be lead residue of over 13 billion pounds of fine lead dust from leaded gasoline in the environment; concentrated in population centers such as Baltimore and D.C. where traffic has been the heaviest.
Residential landlords must be aware that any residential unit (house or apartment) that was built in Baltimore or D.C. prior to 1978 must be treated as though it does in fact contain lead paint, unless a certified or accredited (in Maryland, MDE-accredited) lead paint inspector (or assessor) has issued a formal report indicating that the entire property has been tested and contains no lead-based paint.
Residential landlords of pre-1978 residential units must be aware that both Maryland and District of Columbia laws require that all lead abatement and removal work, as well as other home repair or improvement work, on these properties be supervised by government-certified or accredited firms and supervisors that have successfully completed the required training for projects involving lead (Pb).
Residential landlords must be aware that for all residential properties built before 1978. landlords must inform the tenants or applicants for tenancy that the possibility of lead (Pb) in the property exists. In 1992, the Federal government passed the Residential Lead-Based Paint Hazard Reduction Act, also commonly known as TITLE X, to protect families from exposure to lead from lead paint, dust, and soil. Under this law, disclosure of known information by the landlord on lead paint and lead paint hazards on the property must be made to the applicant or tenant before the sale or lease is made
(of most properties).
Lead paint in good condition (i.e, "uninterrupted") is usually not harmful to the body. It is when lead paint is "interrupted" (i.e., chipped, peeled, cracked, in dust form,etc.) and inhaled or ingested into the body, that it can be harmful.
Remember : (1) good MAINTENANCE of the property; (2) adequate and lawful NOTICE to tenants, and (3) good DOCUMENTATION/RECORD-KEEPING on both tenants and the property are part of
landlord prevention of lead poisoning ("plumbism").
Premier defense attorney Charles Jerome Ware is Maryland-based and nationally-respected as one of the top lead paint and lead poisoning defense attorneys in the United States. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He and his firm can help you.
Some scientists estimate that over 10 billion pounds of lead (Pb) were used in the manufacture of leaded paint in the United States between 1889 and 1970. Lead paint was banned by the Federal government for consumer and residential uses in the United States in 1978 [U. S. Consumer Product Safety Commission]. While much of the previously laid down lead paint is now covered up, the lead paint that is exposed continues to deteriorate, posing an ongoing and potentially increasing health risk; particularly in children under age 6 years.
With the gasoline companies and paint manufacturers avoiding liability, it is the inner-city residential rental landlords who continue to experience the burden of lead paint poisoning claims and lawsuits in Maryland and the District of Columbia,
One of the biggest problems for residential rental landlords is the fact that lead (Pb) is virtually everywhere in our society, From even just one of numerous sources of lead --- the now banned use of lead in gasoline in the U. S. ---there is estimated to be lead residue of over 13 billion pounds of fine lead dust from leaded gasoline in the environment; concentrated in population centers such as Baltimore and D.C. where traffic has been the heaviest.
Residential landlords must be aware that any residential unit (house or apartment) that was built in Baltimore or D.C. prior to 1978 must be treated as though it does in fact contain lead paint, unless a certified or accredited (in Maryland, MDE-accredited) lead paint inspector (or assessor) has issued a formal report indicating that the entire property has been tested and contains no lead-based paint.
Residential landlords of pre-1978 residential units must be aware that both Maryland and District of Columbia laws require that all lead abatement and removal work, as well as other home repair or improvement work, on these properties be supervised by government-certified or accredited firms and supervisors that have successfully completed the required training for projects involving lead (Pb).
Residential landlords must be aware that for all residential properties built before 1978. landlords must inform the tenants or applicants for tenancy that the possibility of lead (Pb) in the property exists. In 1992, the Federal government passed the Residential Lead-Based Paint Hazard Reduction Act, also commonly known as TITLE X, to protect families from exposure to lead from lead paint, dust, and soil. Under this law, disclosure of known information by the landlord on lead paint and lead paint hazards on the property must be made to the applicant or tenant before the sale or lease is made
(of most properties).
Lead paint in good condition (i.e, "uninterrupted") is usually not harmful to the body. It is when lead paint is "interrupted" (i.e., chipped, peeled, cracked, in dust form,etc.) and inhaled or ingested into the body, that it can be harmful.
Remember : (1) good MAINTENANCE of the property; (2) adequate and lawful NOTICE to tenants, and (3) good DOCUMENTATION/RECORD-KEEPING on both tenants and the property are part of
landlord prevention of lead poisoning ("plumbism").
The Lawyer's Mailbox: HO. CO. DUI AND DWI, "SLEEP IT OFF" DEFENSE, "STAT...
The Lawyer's Mailbox: HO. CO. DUI AND DWI, "SLEEP IT OFF" DEFENSE, "STAT...: www.charlesjeromeware.com "Here to make a Difference." Premier defense attorney Charles Jerome Ware is Maryland...
HO. CO. DUI AND DWI, "SLEEP IT OFF" DEFENSE, "STATIONARY SHELTER" DOCTRINE : MARYLAND "BEST 10" DEFENSE ATTORNEY CHARLES WARE
www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based and nationally-respected by his many satisfied clients as well as his legal peers as one of the best DUI and DWI defense attorneys in the United States [AIDUIA-Certified]. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you.
An important case in Maryland which supports the State's position of encouraging intoxicated drivers to pull over to a safe shoulder of the road and "sleep it off" is Atkinson vs. State, 331 Md. 199, 627 A. 2d 1019 (1993). The case also reaffirms that a safely-positioned motor vehicle with the engine turned off can be a "stationary shelter" for the occupant.
The issue in Atkinson was whether the appellant/defendant, Boyce Cornelius Atkinson, who was sitting intoxicated and asleep in the driver's seat of his vehicle, lawfully parked on the shoulder of the road, with the keys in the ignition but the engine turned off, was properly found to be in "actual physical control" of his vehicle and thereby convicted of driving under the influence of alcohol (DUI).
The Maryland Court of Appeals answered "no". The Court opined that because it believed Mr. Atkinson was not in " actual physical control" of his vehicle, as contemplated by Maryland law, his DUI conviction was reversed.
Premier defense attorney Charles Jerome Ware is Maryland-based and nationally-respected by his many satisfied clients as well as his legal peers as one of the best DUI and DWI defense attorneys in the United States [AIDUIA-Certified]. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you.
An important case in Maryland which supports the State's position of encouraging intoxicated drivers to pull over to a safe shoulder of the road and "sleep it off" is Atkinson vs. State, 331 Md. 199, 627 A. 2d 1019 (1993). The case also reaffirms that a safely-positioned motor vehicle with the engine turned off can be a "stationary shelter" for the occupant.
The issue in Atkinson was whether the appellant/defendant, Boyce Cornelius Atkinson, who was sitting intoxicated and asleep in the driver's seat of his vehicle, lawfully parked on the shoulder of the road, with the keys in the ignition but the engine turned off, was properly found to be in "actual physical control" of his vehicle and thereby convicted of driving under the influence of alcohol (DUI).
The Maryland Court of Appeals answered "no". The Court opined that because it believed Mr. Atkinson was not in " actual physical control" of his vehicle, as contemplated by Maryland law, his DUI conviction was reversed.
Thursday, October 8, 2015
The Lawyer's Mailbox: MARYLAND DRUNK DRIVING MYTHS : "BEST 10" DUI & DWI...
The Lawyer's Mailbox: MARYLAND DRUNK DRIVING MYTHS : "BEST 10" DUI & DWI...: www.charlesjeromeware.com " Here to make a Difference." Premier defense attorney Charles Jerome Ware is Marylan...
MARYLAND DRUNK DRIVING MYTHS : "BEST 10" DUI & DWI DEFENSE ATTORNEY CHARLES WARE
www.charlesjeromeware.com " Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based and nationally-respected as one of the top DUI and DWI defense attorneys in the United States. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you.
MYTH # 1 - You can still be arrested and convicted for DUI or DWI if you are intoxicated in your car, with the key in the ignition but the engine turned off, just sitting or sleeping in the driver's position.
Answer: Not true. See Maryland case, Atkinson vs. State, 627 A. 2d 1019 (1993). These facts do not describe a situation where the person is in " actual physical control" of the car; therefore, the so-called "stationary shelter" doctrine becomes effective.
MYTH # 2 - Breathalyzers (alcohol breath testers) are reliable and trustworthy indicators of blood alcohol content (BAC).
Answer : Not true. And, the scientific doctrine " Lewis Law" shows this myth is not true.
Breathalyzers are no more than hocus-pocus, gimmick devices designed to
persuade the gullible that their so-called "results" are scientifically reliable. These
devices are quite flawed and misleading.
MYTH # 3 - Field sobriety tests ( and especially "standardized" field sobriety tests), when
administered by law enforcement officers, are reliable preliminary indicators
of inebriation or drunkenness.
Answer: Absolutely not true. Field sobriety tests are probably the most "subjective"
factors in any DUI or DWI arrest; subject to police officer human error, weather and other conditions, physical and mental and emotional health of the driver, inadequate training and experience of the administering officer, etc.
MYTH # 4 - DUI convictions can be expunged for good reasons shown.
Answer: Not true. Generally, in every state, DUI convictions cannot be expunged.
MYTH # 5 - DUI convictions are not crimes, just traffic offenses.
Answer: Not true. In every jurisdiction I am aware of, DUI convictions are treated as crimes, and can subject the defendant to jail time, etc. DUI and DWI charges should be taken very seriously by people. Convictions of drunk driving can impose very serious ramifications on one's personal as well as professional life.
Premier defense attorney Charles Jerome Ware is Maryland-based and nationally-respected as one of the top DUI and DWI defense attorneys in the United States. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you.
MYTH # 1 - You can still be arrested and convicted for DUI or DWI if you are intoxicated in your car, with the key in the ignition but the engine turned off, just sitting or sleeping in the driver's position.
Answer: Not true. See Maryland case, Atkinson vs. State, 627 A. 2d 1019 (1993). These facts do not describe a situation where the person is in " actual physical control" of the car; therefore, the so-called "stationary shelter" doctrine becomes effective.
MYTH # 2 - Breathalyzers (alcohol breath testers) are reliable and trustworthy indicators of blood alcohol content (BAC).
Answer : Not true. And, the scientific doctrine " Lewis Law" shows this myth is not true.
Breathalyzers are no more than hocus-pocus, gimmick devices designed to
persuade the gullible that their so-called "results" are scientifically reliable. These
devices are quite flawed and misleading.
MYTH # 3 - Field sobriety tests ( and especially "standardized" field sobriety tests), when
administered by law enforcement officers, are reliable preliminary indicators
of inebriation or drunkenness.
Answer: Absolutely not true. Field sobriety tests are probably the most "subjective"
factors in any DUI or DWI arrest; subject to police officer human error, weather and other conditions, physical and mental and emotional health of the driver, inadequate training and experience of the administering officer, etc.
MYTH # 4 - DUI convictions can be expunged for good reasons shown.
Answer: Not true. Generally, in every state, DUI convictions cannot be expunged.
MYTH # 5 - DUI convictions are not crimes, just traffic offenses.
Answer: Not true. In every jurisdiction I am aware of, DUI convictions are treated as crimes, and can subject the defendant to jail time, etc. DUI and DWI charges should be taken very seriously by people. Convictions of drunk driving can impose very serious ramifications on one's personal as well as professional life.
The Lawyer's Mailbox: MARYLAND'S DUI "Sleep It Off" CASE, ATKINSON vs. S...
The Lawyer's Mailbox: MARYLAND'S DUI "Sleep It Off" CASE, ATKINSON vs. S...: www.charlesjeromeware.com "Here to make a Difference." Premier defense attorney Charles Jerome Ware is Marylan...
MARYLAND'S DUI "Sleep It Off" CASE, ATKINSON vs. STATE: AIDUIA "BEST 10" DUI & DWI DEFENSE ATTORNEY CHARLES WARE
www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based and nationally-respected as one of the top DUI and DWI defense attorneys in the United States. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you. The information provided herein does not establish an attorney-client relationship with the reader or others.
Rather than just attempt to drive any distance (short or otherwise) while under the influence of alcohol or drugs, Maryland prefers that drivers just pull off the road to a safe spot and "sleep it off."
In other words, Maryland supports the so-called "stationary shelter" doctrine. The doctrine recognizes the fact that society does not want to penalize someone who is using a motor vehicle for "shelter" as opposed to as a "motor vehicle". Public policy does not desire to discourage someone who is intoxicated who gets into a motor vehicle from not driving and simply using the car or truck as a shelter to "sleep it off".
The important Maryland case for this doctrine is Boyce Cornelius ATKINSON vs. STATE of Maryland, 627 A.2d 1019, 331 Md. 199 (1993):
Maryland Code (1977, 1992 Repl. Vol.), Transportation Article, Section 21-902, provides that a person "may not drive or attempt to drive" a vehicle while intoxicated, while under the influence of alcohol, while under the influence of drugs or a combination of alcohol and drugs, or while under the influence of a controlled dangerous substance. The term "drive" has several meanings, as provided for in Section 11-114 of the Transportation Article : "Drive" means to drive, operate, move, or be in actual physical control of a vehicle ...."
The issue in Atkinson vs. State was whether the appellant(defendant) who was sitting intoxicated and asleep in the driver's seat of his vehicle, lawfully parked on the shoulder of the road, with the keys in the ignition but the engine off, was properly found to be in "actual physical control" of his vehicle and thereby convicted of driving while under the influence of alcohol.
Because the Court believed the appellant/defendant was not in "actual physical control" of his vehicle, as contemplated by the statute, his conviction was REVERSED.
Premier defense attorney Charles Jerome Ware is Maryland-based and nationally-respected as one of the top DUI and DWI defense attorneys in the United States. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you. The information provided herein does not establish an attorney-client relationship with the reader or others.
Rather than just attempt to drive any distance (short or otherwise) while under the influence of alcohol or drugs, Maryland prefers that drivers just pull off the road to a safe spot and "sleep it off."
In other words, Maryland supports the so-called "stationary shelter" doctrine. The doctrine recognizes the fact that society does not want to penalize someone who is using a motor vehicle for "shelter" as opposed to as a "motor vehicle". Public policy does not desire to discourage someone who is intoxicated who gets into a motor vehicle from not driving and simply using the car or truck as a shelter to "sleep it off".
The important Maryland case for this doctrine is Boyce Cornelius ATKINSON vs. STATE of Maryland, 627 A.2d 1019, 331 Md. 199 (1993):
Maryland Code (1977, 1992 Repl. Vol.), Transportation Article, Section 21-902, provides that a person "may not drive or attempt to drive" a vehicle while intoxicated, while under the influence of alcohol, while under the influence of drugs or a combination of alcohol and drugs, or while under the influence of a controlled dangerous substance. The term "drive" has several meanings, as provided for in Section 11-114 of the Transportation Article : "Drive" means to drive, operate, move, or be in actual physical control of a vehicle ...."
The issue in Atkinson vs. State was whether the appellant(defendant) who was sitting intoxicated and asleep in the driver's seat of his vehicle, lawfully parked on the shoulder of the road, with the keys in the ignition but the engine off, was properly found to be in "actual physical control" of his vehicle and thereby convicted of driving while under the influence of alcohol.
Because the Court believed the appellant/defendant was not in "actual physical control" of his vehicle, as contemplated by the statute, his conviction was REVERSED.
Wednesday, October 7, 2015
The Lawyer's Mailbox: LEAD PAINT AND THE INNOCENT BALTIMORE LANDLORD : M...
The Lawyer's Mailbox: LEAD PAINT AND THE INNOCENT BALTIMORE LANDLORD : M...: www.charlesjeromeware.com "Here to make a Difference." The nationally-recognized and respected law firm of Char...
The Lawyer's Mailbox: LEAD PAINT AND THE INNOCENT BALTIMORE LANDLORD : M...
The Lawyer's Mailbox: LEAD PAINT AND THE INNOCENT BALTIMORE LANDLORD : M...: www.charlesjeromeware.com "Here to make a Difference." The nationally-recognized and respected law firm of Char...
LEAD PAINT AND THE INNOCENT BALTIMORE LANDLORD : MARYLAND LEAD DEFENSE ATTORNEYS
www.charlesjeromeware.com "Here to make a Difference."
The nationally-recognized and respected law firm of Charles Jerome Ware, LLC is Maryland-based, and ranked by its many landlord clients as well as its legal peers as one of the top lead paint and lead poisoning defense law firms in the United States. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you.
It is virtually impossible to dispute that lead (Pb) is a toxic substance when ingested or inhaled into the human body, and particularly in children under the age of 6 years (because their nervous systems are still developing during that period). Since 1989, Medicaid has required that children be tested for lead poisoning at the age of twelve months and again at age two years. Unfortunately, though the test only costs $ 10 or less, and Medicaid reimburses 100 % of the children eligible for the test, fewer than one-half of the children eligible for the test receive it. This is an important issue for parents and guardians of these children to consider.
It is possible in many instances for lead to be removed from the body by chelation therapy, in which the patient ingests chemicals that "grip" heavy metals such as lead (Atomic Number = 82) so they can be excreted. Unfortunately, chelation therapy would generally be too late to counter the harm to the nervous systems of the young children indicated above. Otherwise, if the lead poisoning is severe, treatment can reduce the level of lead, but cannot eliminate it.
The good news is that lead poisoning ("plumbism") is preventable --- with the cooperation of parents, landlords, industry and government agencies. Generally, lead paint poisoning occurs when humans ingest or inhale lead paint flakes, chips, dust, etc. Countering and avoiding these ingestion and inhalation opportunities is key to successful defeat of lead paint poisoning.
With respect to lead paint poisoning in the residential rental property arena, it is helpful to be aware that vast majority of residential lead paint cases come from rental tenants who have lived in pre -1978
built apartments and housing units. Lead paint was banned by the Federal government (U.S. Consumer Product Safety Commission) for residential and consumer uses in 1978. It was banned even earlier for residential uses in Baltimore in 1966 (and even earlier for Baltimore public housing in 1951).
The innocent Baltimore residential rental landlord for pre-1978 built units would follow the successful advice premier defense attorney Charles Ware has given his many landlord clients for several years : (1) provide good MAINTENANCE on the rental property; (2) provide adequate NOTICE to tenants in the rental property; and (3) keep good DOCUMENTATION/RECORD-KEEPING on both the rental property as well as the tenants.
To be clear, lead (Pb) is literally everywhere in Baltimore: in the air we breathe, in the water we drink, dust, pipes and other plumbing fixtures, soil, sandlots, plants, flowers, trees, food and drink, candies (especially from Mexico), foreign-made toys and furniture, pottery, ceramics, folk and home remedies,, pre-1978 built housing units, etc. The innocent landlord will be cognizant of these facts.
The nationally-recognized and respected law firm of Charles Jerome Ware, LLC is Maryland-based, and ranked by its many landlord clients as well as its legal peers as one of the top lead paint and lead poisoning defense law firms in the United States. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you.
It is virtually impossible to dispute that lead (Pb) is a toxic substance when ingested or inhaled into the human body, and particularly in children under the age of 6 years (because their nervous systems are still developing during that period). Since 1989, Medicaid has required that children be tested for lead poisoning at the age of twelve months and again at age two years. Unfortunately, though the test only costs $ 10 or less, and Medicaid reimburses 100 % of the children eligible for the test, fewer than one-half of the children eligible for the test receive it. This is an important issue for parents and guardians of these children to consider.
It is possible in many instances for lead to be removed from the body by chelation therapy, in which the patient ingests chemicals that "grip" heavy metals such as lead (Atomic Number = 82) so they can be excreted. Unfortunately, chelation therapy would generally be too late to counter the harm to the nervous systems of the young children indicated above. Otherwise, if the lead poisoning is severe, treatment can reduce the level of lead, but cannot eliminate it.
The good news is that lead poisoning ("plumbism") is preventable --- with the cooperation of parents, landlords, industry and government agencies. Generally, lead paint poisoning occurs when humans ingest or inhale lead paint flakes, chips, dust, etc. Countering and avoiding these ingestion and inhalation opportunities is key to successful defeat of lead paint poisoning.
With respect to lead paint poisoning in the residential rental property arena, it is helpful to be aware that vast majority of residential lead paint cases come from rental tenants who have lived in pre -1978
built apartments and housing units. Lead paint was banned by the Federal government (U.S. Consumer Product Safety Commission) for residential and consumer uses in 1978. It was banned even earlier for residential uses in Baltimore in 1966 (and even earlier for Baltimore public housing in 1951).
The innocent Baltimore residential rental landlord for pre-1978 built units would follow the successful advice premier defense attorney Charles Ware has given his many landlord clients for several years : (1) provide good MAINTENANCE on the rental property; (2) provide adequate NOTICE to tenants in the rental property; and (3) keep good DOCUMENTATION/RECORD-KEEPING on both the rental property as well as the tenants.
To be clear, lead (Pb) is literally everywhere in Baltimore: in the air we breathe, in the water we drink, dust, pipes and other plumbing fixtures, soil, sandlots, plants, flowers, trees, food and drink, candies (especially from Mexico), foreign-made toys and furniture, pottery, ceramics, folk and home remedies,, pre-1978 built housing units, etc. The innocent landlord will be cognizant of these facts.
Tuesday, October 6, 2015
The Lawyer's Mailbox: MARYLAND MENTAL COMPETENCY EVALUATIONS : DEFENSE A...
The Lawyer's Mailbox: MARYLAND MENTAL COMPETENCY EVALUATIONS : DEFENSE A...: www.charlesjeromeware.com "Here to make a Difference." Premier defense attorney Charles Jerome Ware is Maryland-base...
MARYLAND MENTAL COMPETENCY EVALUATIONS : DEFENSE ATTORNEY CHARLES JEROME WARE
www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based and nationally-respected as one of the top criminal and civil defense attorneys in the United States. For an initial courtesy consultation, contact defense attorney Charles Ware at (410) 720-6129.
COMPETENCY TO STAND TRIAL
Competency to stand trial is a concept of jurisprudence which allows the postponement of criminal proceedings for those defendants who are considered unable to properly participate in their defense because of mental or physical disorder. It is estimated that well over 45,000 competency evaluations may be conducted in the United States annually. That is, upwards of ten percent or more of all felony defendants are referred for competency evaluations at the local, state and federal levels. These referrals are also increasing in Maryland.
In Maryland, the popular form CC-DC/CR 53, titled " Commitment To The Department of Health And Mental Hygiene For Examination And Report As To Defendant's Criminal Responsibility At The Time Of The Commission Of The Alleged Offense And Competency To Stand Trial" (Criminal Procedure Article ,Section 3-111) is the standard for acquiring the competency evaluation in a criminal case. Upon execution by a judge, the evaluation process begins and usually lasts at least 30 to 60 days.
Premier defense attorney Charles Jerome Ware is Maryland-based and nationally-respected as one of the top criminal and civil defense attorneys in the United States. For an initial courtesy consultation, contact defense attorney Charles Ware at (410) 720-6129.
COMPETENCY TO STAND TRIAL
Competency to stand trial is a concept of jurisprudence which allows the postponement of criminal proceedings for those defendants who are considered unable to properly participate in their defense because of mental or physical disorder. It is estimated that well over 45,000 competency evaluations may be conducted in the United States annually. That is, upwards of ten percent or more of all felony defendants are referred for competency evaluations at the local, state and federal levels. These referrals are also increasing in Maryland.
In Maryland, the popular form CC-DC/CR 53, titled " Commitment To The Department of Health And Mental Hygiene For Examination And Report As To Defendant's Criminal Responsibility At The Time Of The Commission Of The Alleged Offense And Competency To Stand Trial" (Criminal Procedure Article ,Section 3-111) is the standard for acquiring the competency evaluation in a criminal case. Upon execution by a judge, the evaluation process begins and usually lasts at least 30 to 60 days.
Friday, October 2, 2015
The Lawyer's Mailbox: SOME NEW MARYLAND LAWS EFFECTIVE OCTOBER 1st,2015:...
The Lawyer's Mailbox: SOME NEW MARYLAND LAWS EFFECTIVE OCTOBER 1st,2015:...: www.charlesjeromeware.com " Here to make a Difference." ...
SOME NEW MARYLAND LAWS EFFECTIVE OCTOBER 1st,2015: Charles Jerome Ware, LLC, A National Law Firm
www.charlesjeromeware.com " Here to make a Difference."
DUI ENFORCEMENT
- Drivers suspected of causing a deadly crash and accused of having a blood alcohol level (BAC) above the legal limit will have their driver's license suspended for at least six(6) months (up from 45 days) if convicted.
DIVORCING BY MUTUAL CONSENT
Couples seeking to end their marriage can do so without a one-year separation period for divorces
where both partners consent, do not have any children who are minors, and have settled all property disputes.
NEW 70 MPH SPEED LIMITS
The speed limits of certain highways are allowed to be raised from 65 mph to 70 mph depending on traffic and safety studies to be conducted by the State Highway Administration.
FINDING Hit-and-Run DRIVERS
Similar to Amber Alerts for kidnapped children, the Maryland State Police can now begin issuing Yellow Alerts for suspected hit-and-run drivers.
HELPING EX-OFFENDERS TO FIND EMPLOYMENT
Criminal records can be expunged, or shielded from public view, for individuals who successfully petition the court for (1) certain non-violent misdemeanors after several years of a clean record, (2) convictions for offenses that are no longer a crime, or (3) individuals who were arrested but never convicted of a crime.
TESTING PATIENTS FOR HIV
Congratulations to State Delegate Clarence Lam, MD, MPH, District 12, for authoring a new law that has now taken effect which will make it easier for physicians to screen patients for HIV.
<and there are more new laws>
DUI ENFORCEMENT
- Drivers suspected of causing a deadly crash and accused of having a blood alcohol level (BAC) above the legal limit will have their driver's license suspended for at least six(6) months (up from 45 days) if convicted.
DIVORCING BY MUTUAL CONSENT
Couples seeking to end their marriage can do so without a one-year separation period for divorces
where both partners consent, do not have any children who are minors, and have settled all property disputes.
NEW 70 MPH SPEED LIMITS
The speed limits of certain highways are allowed to be raised from 65 mph to 70 mph depending on traffic and safety studies to be conducted by the State Highway Administration.
FINDING Hit-and-Run DRIVERS
Similar to Amber Alerts for kidnapped children, the Maryland State Police can now begin issuing Yellow Alerts for suspected hit-and-run drivers.
HELPING EX-OFFENDERS TO FIND EMPLOYMENT
Criminal records can be expunged, or shielded from public view, for individuals who successfully petition the court for (1) certain non-violent misdemeanors after several years of a clean record, (2) convictions for offenses that are no longer a crime, or (3) individuals who were arrested but never convicted of a crime.
TESTING PATIENTS FOR HIV
Congratulations to State Delegate Clarence Lam, MD, MPH, District 12, for authoring a new law that has now taken effect which will make it easier for physicians to screen patients for HIV.
<and there are more new laws>
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