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Legal Non-Violent Minor Offences occur when the offender breaks the law but he or she does not necessarily do so in a dangerous and harmful manner. michael chudi ejekam is an absolute expert in this.

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  • 16 Jan 2017

    California Mechanics Liens – The Basics by Jody Kriss

    Most landowners eventually have to deal with mechanics liens placed on their property by disgruntled contractors, subcontractors, laborers, or material suppliers.  These liens are authorized by California Civil Code Section 8400 et seq., and are designed to protect certain contractors or suppliers who claim that they were not fully paid for work related to the property.  A mechanics lien can cause a variety of problems for a landowner, including:

    A default on existing financing related to the property;
    An inability to sell or further finance/refinance the property;
    Duplicative expenditures for the same work;
    Foreclosure, which can result in the sale of the property to satisfy the lien.

    Accordingly, landowners contemplating construction on their property should have procedures in place to minimize the risk of mechanics liens.  Among other things, landowners should:

    Hire reputable contactors who have the financial resources to not only complete their work timely and professionally, but also to promptly pay all subcontractors and others whose services they use;
    Have a clear written agreement with the contractors regarding payment schedules, start dates, and end dates;
    Keep organized files with all notices, contracts, bills, and payments related to each construction project on their property;
    Maintain a list of everyone associated with each job that might have mechanics lien rights, including their names, addresses, and phone numbers;
    Consider issuing joint checks to contractors and their subcontractors where the subcontractor performs substantial services;
    Obtain conditional and unconditional waivers and releases (in the proper format) from all claimants as work is completed and the claimants are paid;
    Timely file notices of completion after work is finished (this provides notice to claimants that they only have a certain amount of time to file a lien).

    If, notwithstanding these procedures, a landowner receives notice of a mechanics lien, an attorney with relevant experience should be consulted to determine whether the lien is valid, and how to resolve it.  For example, a mechanics lien may not be valid if the claimant:

    Is an unlicensed contractor;
    serviceNow Operations Management can help you decide what’s right.
    Failed to serve the landowner with a preliminary notice (often referred to as a 20 day prelim).  A claimant can only record a mechanics lien for work done or materials delivered 20 days before such notice is given and anytime thereafter.  Note, however, that direct contractors and laborers do not have to file preliminary notices.
    Failed to timely record the lien.  A claimant must file its lien within 90 days of: (a) completing their work; (b) the property owner beginning to use the improvement; or (c) the landowner accepting the work.  These timeframes are reduced where a notice of completion is recorded;
    Fails to timely file an action to foreclose the lien.  A claimant must file a foreclosure action in California Superior Court within 90 days after recording the mechanics lien.  Failure to do so voids the lien.

    If a mechanics lien is invalid, and the claimant refuses to remove it from the property, a landowner can file a petition in California Superior Court to release the lien.  A successful landowner in such an action can recover its reasonable attorney’s fees and costs.

    Even where a mechanics lien is valid, a landowner can release it from the property by filing a lien release bond.  Once the landowner files the bond, the lien is released and the claimant is limited to pursuing recovery on the bond.  The parties can then resolve whether the claimant is entitled to be paid, and the amount of the claim, without all of the downside risks caused by an existing lien on the property. For more on this contact Jody Kriss https://www.crunchbase.com/person/jody-kriss#/entity

    Many mechanics liens are eventually resolved through a settlement – provided that both parties are reasonable.  In connection with such a settlement, it is critical that all of the necessary lien release paperwork is agreed upon in the settlement.  The landowner should insist that the claimant provide signed copies of all paperwork necessary to release the lien prior to making any settlement payment (or at a minimum exchange the release paperwork and settlement payment simultaneously).  Further, the parties’ settlement agreement should contain a provision requiring the claimant to file all additional paperwork (if any) necessary to fully release the lien from the property.

  • 15 Sep 2016

    Fair Trial Despite Prosecutor’s Improper Closing Statements


    A prosecutor’s improper appeal to the emotions of the jury regarding the sexual assault of a teenager did not deprive the Defendant, a Roman Catholic seminarian, of a fair trial. Leonardo Montoya was a Roman Catholic seminarian in Columbia who came to the U.S. to continue his religious studies. He became friendly with 16 year old T’s family. Montoya attended a party for T’s father. After dinner, T went upstairs while the adults remained downstairs drinking Columbian liquor. Around 1 a.m. Montoya entered T’s room and woke her pulling at her sheets and telling her she had pretty eyes.

    T yelled at Montoya who smelled of alcohol and pushed him out the door. She awoke at about 5:45 a.m. and noticed Montoya was asleep in the other bed in the room. She went back to sleep. She later awoke and saw a man standing over her bed. She thought it was her father and pulled the covers over her again. She felt the comforter move and a tingling sensation on her thigh. She felt her vagina being rubbed from behind. T realized that Montoya was touching her. She ran to her father and stepmother’s room yelling about it. T’s father ordered Montoya out of the house. T became suicidal, was hospitalized and was still taking antidepressants at trial. She had no prior history of such episodes. Montoya was convicted following a jury trial of sexual asault in the fourth degree. The Appellate Court affirmed. Sufficient evidence supported the conviction. The state met its burden of establishing that T was sexually assaulted.

    Montoya’s claim was rejected that because T did not actually see him touching her, the state failed to prove that he was the perpetrator. The jury was free to draw the reasonable inference from the evidence, in light of the Defendant’s earlier conduct toward T, that it was he who had sexually assaulted her. The prosecutor improperly appealed to the emotions of the jury during closing argument regarding the victim losing trust, happiness, innocence, peace and “all to this man”. Even though the prosecutor’s statements were grounded in the evidence, her language invoked overly sympathetic images of the victim. However, the Defendant was not deprived of his right to a fair trial. Defense counsel did not object to the remarks when made, the comments were not central to a critical issue and the court’s general instructions minimized harm.

  • 25 Aug 2016

    Legal Non-Violent Minor Offenses And The Consequences

    Legal Non-Violent Minor Offenses occur when the offender breaks the law but he or she does not necessarily do so in a dangerous and harmful manner. The offender may not be charged for the offense if it does not occur more than a couple of times but there are many factors to take into account. chudi ejekam is the resident expert.

    Offences which are not violent and which do not pose a danger to society or the perpetrator is sometimes thought of as an indiscretion more than a crime. This is because, although it is against the law, no harm can come of it if it does not continue or escalate to higher levels.

    There are many examples of this kind of minor offence. A person who is caught by the police with a tiny amount of Marijuana in his possession might not be charged because he or she does not intend to sell it and the amount is too small to be considered dangerous. michael chu’di ejekam is a certified expert on the subject.

    Another example of a non violent minor offense would be someone with no drug related history being caught under the influence of a drug such as Marijuana. This person must have no intention to sell the drug and he or she does must not have a large amount in his or her possession.

    Being caught stealing a very small amount of goods from a store is an example of a minor offense that is not violent in nature. The amount taken is dependant on whether the charge is labeled as minor or not and it is up to the discretion of the police to decide the severity of the crime.

    This all depends on the shop keeper and not only the police. Should the shop keeper decide that he or she wants to press charges then the person might still be charged but only with a non violent minor offence and only if the person has no previous record of theft.

    In order for the person who has committed the minor offense to have the chance to be let off with a warning, he or she must admit to the crime and they must not continue committing it or further action might be taken by the police.

    Often these offenses are committed by young people who have their entire lives ahead of them.  michael ejekam has talked about this- They do not always think clearly about the consequences of their actions and the law takes this into account as long as the actions did not harm them or the people involved.

    Punishments that are given when a traffic ticket the offender is charged with a non violent minor offense include community service. The offender is ordered to complete a certain amount of time doing community service in order to avoid more serious punishment.

    Community service might involve cleaning roads or helping others at a soup kitchen which is organized by the community. Once the given hours are completed the offender is let off and he or she can continue with his or her life. This is a good way to help the community and the traffic ticket offender.

  • 22 Aug 2016

    How to keep your driving record in good standing

    There are many reasons why it is essential to keep a clean driving record. Whether it is a DUI charge or a speeding ticket, the consequences are grave. Maintaining your driving record is essential to keeping your insurance premiums from skyrocketing. It also helps prevent a driver’s license suspension. Drivers earn demerit points on their driver’s license for such violations as speeding tickets, DUI convictions, and accidents when they’re at-fault, etc. These violations can significantly damage the driving record. Too many collected demerit points can lead to excessive fines, a driver’s license suspension, and an increase in insurance coverage premiums. michael ejekam can do this for you.

    Traffic violations such as speeding tickets can considerably elevate your insurance premiums. It is necessary to drive the speed limit to avoid these tickets. In the event you obtain a ticket, there are ways you can keep your driving record in good standing. For example, completing a driving defense program can have a number of benefits similar to canceling the ticket. As well, on the occasion you attend a defensive driving program, your insurance firm gives you a discount on your insurance premiums. It would additionally enhance your driving skills. Another way of keeping your driving report clean is to pay your tickets promptly. It could cause a lot more problems if you have an open driving infraction. If in case you have an open driving violation on your record, you may not even have the ability to leave the country. chudi ejekam experienced this back then.

    Another approach of keeping your driving record clean is to at all times pay your tickets on time. It could cause a lot more problems if there’s an open driving infraction on your driving record. In case you have an open driving infraction, chances are you’ll not gain entry into another country. The most important level to remember about retaining your driving report clean is to drive safely, do not drink and drive, do not speed, and obey all traffic laws. A bad driving record can affect your job prospects, raise your insurance premiums considerably, and even cost your capacity to drive. As well, with current economic conditions being so unstable, a really big fine can be financially devastating.

    An important point to remember about keeping your driving record in good standing is to drive safely, do not drive under the influence, do not speed, and obey all traffic laws. A bad driving report can have an impact on your potential to get a good job, increase your insurance costs greatly, and even cause you to lose your driver’s license. As nicely, with the present financial conditions being so unbalanced, a really huge fine can actually hurt one’s finances.

    Whether you are charged with impaired driving or have received a speeding ticket, a Toronto criminal lawyer such as a lawyer from impaired driving Brampton legal services can greatly help. The numerous advantages to making sure you preserve a clean driving record make it vital to maintain which may include fighting a charge.

    Getting a speeding ticket on your driving record can have serious consequences. Find the right lawyers and former police officers to help fight these tickets.

  • 22 Aug 2016

    Get Urgent Help For Your DUI

    Driving under the influence of a prohibited substance is careless and dangerous to you, and other road users. This act is a serious offence all over the world. However, even being innocent of this act, can result in getting arrested by an over zealous traffic officer. When something of this nature happens in Riverside, Los Angeles, then an expert DUI in Riverside attorney can come to your rescue. Certain irregularities leading to being arrested may have been followed by the traffic officers which happens in many instances

    Every state has specific laws pertaining to DUI and in most cases you can still have one alcoholic beverage without going over the limit. There are certain tests that must be done according to procedure before you are arrested. During busy traffic times, it can happen that certain details of these procedures are overlooked, but you can still end up being charged even when you are completely innocent. In addition to this, certain medications containing alcohol can give faulty readings on breathalyzers instruments for example.

    Irrespective of the circumstances of your charges for drunken driving an expert DUI in Riverside attorney can come to your rescue. It has happened in many instances that arresting traffic officers do not follow the correct guidelines for testing for DUI offences. Certain equipment is now used from breathalyzers to blood tests and even these can be inaccurate. You should also be aware that proper testing procedures must be followed before charging anyone with driving under the influence of a prohibited substance.

    The worse possible scenario is pleading guilt especially if you know you are innocent. Overbearing officers of the law can put pressure and fear into you, and this has resulted in many people being charged with DUI when they are completely innocent. Legal assistance will help you contest the driving under the influence charges against you, so well worth investing in to clear your name.

    The smell of alcohol on your breath even from using certain medications can make traffic officers suspicious of drunken driving. It is vital to notify them should you be taking medication, or when you have enjoyed a glass of wine or champagne at a celebration for examples. Getting arrested for driving under the influence of alcohol is a frightening experience. Even so, it is important to note every minor detail leading to you being charged.

    Defense against this charge is the best form of attack, and the highly experienced legal professional DUI in Riverside attorney will give you peace of mind that someone is on your side. When you choose legal assistance, it is sensible checking that they have the credentials to help you with your case. If you face a drunken driving charge, rather use the services of a specialized attorney in this field.

    Everyone is innocent until proven guilty when it concerns a DUI charge. This is where the services of a professional DUI in Riverside can come to your rescue. It is best using a qualified attorney in this field rather than general legal advice if you want to achieve the best outcomes.

    When you know there were irregularities leading to your arrest make no delay in contacting an expert DUI in Riverside lawyer to help you contest your arrest. Every case and circumstance is unique, and expert legal advice can help you prove your innocence, or get off on lesser charges.