Avoiding a Conviction with Diversionary Proceedings

Oct 31

In courtroom dramas on television, all criminals are punished and sent to jail. In real life, however, there are jail alternatives for first-time offenders involving misdemeanors such as traffic offenses and public nuisance. In California, for example, Chapter 2.7 of the Penal Code outlines the pretrial diversion program for people charged with a misdemeanor.

A diversion program is generally run by the court, police department or the district attorney’s office. It is designed to minimize the incarceration of individuals whose offenses are not serious and for whom incarceration may not be the best option. It is typically the lawyer of the defendant to apply for this option on behalf of the client, and convince the judge that it is an appropriate measure for the crime. As pointed out in an article on the website of Horst Law, it gives the defendant a chance to avoid prosecution and the attendant hardships of bring in jail, such as loss of employment and personal freedoms. At the same time, such a program saves the state the costs associated with a trial and subsequent prison time in the event of a conviction.

In California, an individual who qualifies for a pretrial diversion program is not required to admit guilt, but who has to complete the program requirements to the satisfaction of the governing authority. The defendant’s lawyer and district attorney will determine the elements of the program which will still constitute as punishment. Failure to complete the requirements will cause the charges to be in force once again and the individual will go through the regular process of prosecution and risk of doing the original prison time appropriate to the crime.

A diversion program is not a free pass. It counts against the offender if and when the crime is again committed after completion of the program and the charges has been dropped, unless the defendant is a juvenile. A second charge for criminal behavior will disqualify that individual from availing of the diversion program.

A diversion program may include participation in a seminar designed to prevent a repetition of the offense, avoiding circumstances that may lead to the commission of the same offense, restitution to the victim of the crime, and/or community service.

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Suffering from a Long-Term Disability Prior to Retirement

Oct 04

As the US economy is getting back from a recession, lots and lots of people are seeking employment in order to keep ends meet. With so many people vying for limited positions, it may understandable why people who get injured while working in their jobs are easily replaced. This is the reason why it is important for every worker to understand how they can get compensation, and most importantly disability claims, so that they can have some money while recuperating from sickness or injury.

Long-term disability is one of the things that can be one of the most important things that every workers needs to know – particularly since 30 percent of 20 year old workers end up with some form of a disabling injury before their retirement. Long-term disability is an insurance benefit that helps cover a portion of a worker’s salary during long periods of time where they can’t return to work. This benefit usually takes over once the short-term disability benefit runs out.

When you have been denied to claim any benefits by the long-term disability insurance company, they won’t be able to provide you any benefits, not until you have filed for an appeal or a lawsuit. If the disability company seems to be dragging their feet when it comes to paying the worker (90 days without paid disability while claiming to evaluate your claims) would call for a lawyer to help. It is essential to have a lawyer with proper knowledge of the matter to help in dealing with these insurance companies.

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