For many people, submitting taxes is a simple process. Perhaps you have tax withheld from your salary and file your taxes. Alternatively, you could hire a tax professional to do it for you. Nevertheless, tax filing can become more challenging if you have side jobs or are self-employed. People may choose not to pay their taxes for a variety of factors.
They may believe they will owe nothing and that the price of preparing them will exceed any small return they could obtain. Someone may attempt to avoid tax obligations by simply failing to file. Regardless of the reason, the repercussions of failing to file taxes can be severe. A current divorce or death may make things even more challenging. Let us consider what happens when you fail to pay your taxes for multiple years!
If you do not file by the time limit, the Internal Revenue Service may levy a failure to report penalty. While you might not have the money to pay your taxes by the application deadline, failing to file on time will result in additional penalties.
The penalty for filing late is usually 5% of the unpaid taxes for every month the return was late. The fine, however, is limited to 25% of the unpaid taxes. If you file the repayment more than 60 days after the initial or extended due date, the penalty is less than $135 or 100% of the unpaid tax.
The Internal Revenue Service advises paying as much as you are willing to pay and then pursuing one of the alternatives discussed below. Any intentional attempt to evade taxes is punishable by up to five years in jail and $250,000 in penalty fees under Internal Revenue Code 7201. People may unintentionally fall behind on their taxes.
Perhaps a family member died, or you were diagnosed with a severe illness. Whatever the motive, it can be tempting to completely ignore it after not filing for several years. However, failing to file taxes for ten years or more can result in steep penalties and a prison sentence.
These were the sums for the 2022 tax year:
If you do not pay by the due date, the Internal Revenue Service may levy a penalty. This penalty usually equals 5% of the unpaid monthly taxes after the due date. This penalty is limited to 25% of the amount of unpaid taxes.
The inability to file a penalty is usually greater than this punishment. Receiving a filing extension does not absolve you of the responsibility to pay your taxes. Suppose you receive an extension to file and pay 90% of your actual tax liability by the initial due date. In that case, you will not be penalized if the remaining balance is paid by the extension date.
These penalties do not apply if you do not owe, expect to be reimbursed, or simply fail to file your tax return on time.
Furthermore, the IRS will not enforce these penalties if you can demonstrate your failure to pay or file was due to proper justification rather than willful neglect.
If you have not paid your taxes for a few years and have a tax liability for those years, the IRS always wants as much of your unpaid debt as possible. You will also be charged interest on the taxes owed.
You must submit tax returns for the previous three years to receive a refund. If you owe taxes, the same rule does not apply. Furthermore, if you offer a new return that results in a refund, you can use it to counteract the sum of taxes owed.
The IRS has methods in place to allow people to come forward about unpaid tax debt. If someone has not paid taxes, the Internal Revenue Service may suggest they be put on trial for tax fraud. Nevertheless, the possibility of a person being imprisoned and failing to pay the remaining balance may be a deterrent to taking this route.
Often, a person struggles to pay all their back taxes at once. The IRS accepts a variety of payment methods, including:
You may be capable of entering into an extended payment plan with the Internal Revenue Service in which you make monthly or weekly payouts until all back taxes are fully paid.
Instead of using alternate solution enforcement measures such as seizures or garnishments, the Internal Revenue Service could accept a lower amount to decide the debt. Please consult with a tax attorney about this option and its possible ramifications.
Controlled Substance Act (CSA), Scheduling or CSA Scheduling by alphabetical order, contains a list of drugs and their schedules. Drugs, substances, and certain substances used in the manufacture of drugs are categorized into five (5) different types or plans based on the drug's acceptable medical usage and potential for misuse or addiction.
The abuse rate influences drug schedules. For instance, Schedule I drugs have a high likelihood of being abused and possibly causing severe mental and physical dependence. As the drug schedule modifies (Schedule II, Schedule III, up to V.), so does the risk of abuse. Schedule V drugs have the lowest potential for abuse.
These records are intended to be general guidelines and are not exhaustive lists of all controlled drugs. They do not essentially define the salts, isomers, salts of isomers, esters, ethers, and variants that could also be categorized as controlled drugs. These lists only describe the primary or caregiver chemical.
Please remember a substance must not be classified as a controlled drug to be prosecuted as a Schedule I substance. A controlled substance alternative is a substance destined for human consumption, functionally or medicinally comparable to, or is depicted as being similar to, a Schedule I or Schedule II substance, and is not an authorized medication in the United States.
Drugs classified as First Schedule have no currently accepted medical usage and significant potential for abuse. Schedule I drugs include heroin, lysergic acid diethylamide (LSD), cannabis, 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote.
The Controlled Substances Act was enacted in 1970, during the "war on drugs," when the concept of zero-tolerance policies and marijuana as a gateway drug was widely accepted. Marijuana is classified as Schedule I. One of the many unforeseen effects of putting marijuana on Schedule I was the limitations on the ability to research to determine whether marijuana has "medicinal" qualities and what the risks are. Without good, or even acceptable, research, marijuana legalization debates are based on opinion, not fact.
Heroin is a widespread drug of abuse in the United States, with approximately 1 million people reporting using heroin in the previous year. Fortunately, there are many effective treatment options available to help individuals handle their addiction to heroin and other opioids. Many people who want to heal from moderate to severe heroin dependence and achieve long-term sobriety from this drug have found professional help.
Schedule II drugs, stimulants, or chemicals have a high likelihood of abuse. They can result in severe mental or physical dependence. These drugs are also known to be very harmful. Combination products containing less than 15 mg of hydrocodone for every dosage unit (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin are instances of Schedule II drugs.
Vicodin is a highly recognized drug. It is prescribed for individuals who experience severe enough pain that other remedies are ineffective. Vicodin can only be legally obtained with a prescription.
Drugs classified as Schedule III have a moderate to the minimal possibility for physical and psychological dependence. Schedule III drugs include products with much less than 90 mg of codeine for every dosage unit (Tylenol with codeine), ketamine, anabolic steroids, and testosterone. Schedule III drugs' abuse potential is lower than Schedule I and II drugs, but higher than Schedule IV drugs.
Ketamine, Vicodin (pairing products containing less than 15 mg of hydrocodone per dosage unit), Tylenol with Codeine (products containing no more than 90 mg of codeine for every dosage unit), and buprenorphine are examples of Schedule III opiates (Suboxone). Anabolic steroids, such as Depo-Testosterone, are instances of Schedule III non-narcotics.
Schedule IV medicines can and are abused, and they can be addictive, but to a lesser extent than Schedules 1, 2, and 3.
Tramadol, Xanax (alprazolam), carisoprodol (Soma), Klonopin (clonazepam), Valium (diazepam), and Ativan (lorazepam) are instances of Schedule IV substances (Ativan).
Remember that up to 40% of people who take benzodiazepines like Xanax on a daily basis will cultivate an addiction to the pills. Recovery takes place on two fronts: physical and psychological. Medical detox allows the body to adjust to the absence of Xanax. In contrast, rehab provides skill development and relapse prevention planning.
Schedule V meds, toxins, or chemicals are classified as having a smaller potential for abuse than Schedule IV drugs, and consist of preparations containing small amounts of certain narcotics. Antidiarrheal, antitussive, and analgesic drugs are commonly used in Schedule V. Cough processes to produce less than 200 milligrams of codeine per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, and Parepectolin are instances of Schedule V drugs.
The limitations on narcotic studies and other uses vary depending on which schedule a narcotic is assigned. The drug's plan determines the legal punishments for drug-related offenses, with higher-ranking schedules carrying harsher penalties.
The legal concept for dying without a will is "intestate." When this occurs, the intestacy law of the state you reside in governs how your assets are divided. The intestacy laws of the estate's state will apply to any real estate owned in another state.
Intestate succession laws determine who will be your successors. These laws vary by state. In most cases, your property is divided into shares and shared with family members, including a husband or wife, adult or minor children, adopted children, parents, relatives, aunts and uncles, nieces, nephews, cousins, and extended relatives.
Who does not inherit a portion of your estate? Stepchildren, long-term partners, and loved ones who are not blood relatives. Your entire wealth is usually distributed to the state when no relatives are found. Bank deposits, retirement accounts and IRAs, property investment, and personal property are all examples of your wealth.
The court will decide the rights of your children if you die without making a will or naming your children as heirs. This is why it is highly important for the family to focus on estate planning.
State judges will try to ensure a child's guardianship is in their best interests. However, courts are often unaware of the family situation, which makes determining "what might be best" exceptionally difficult.
In many cases, a family member will participate in raising their passed-away relative's children. Nevertheless, without a court order, it is difficult to ensure the child (or children) will eventually wind up in the household of their parent's choice without a will.
What happens next when a person dies without a will depends on the state, but we will review the basics.
If your property is worth more than $11.58 million, federal law taxes it at 40%. Anything less is normally exempt from federal taxation. State taxes will have various laws, especially if you die without leaving a will.
If your estate is worth more than $1.6 million, some states tax it at a rate of up to 16%. Other states split your estate taxes between your children and spouse using their own method.
Postponing the proper actions to write your last will may also result in the loss of your spouse's marital deduction, which, if described in your will, you will have access to.
There are different scenarios explaining what might happen in the event of a person's death based on their relationship situation at the time of death. They are as follows:
There are several possibilities if you are single and die without leaving a will. In the first case, unless expressly stated in your will, your children would inherit your entire fortune. If you have no children, your parents, if they are alive, will be responsible for your estate.
Ultimately, if you have no children and your parents have died, your estate will be divided equally among your relatives. Suppose you have no partner, children, siblings, or heirs of siblings (nieces and nephews). In that case, your assets will be divided equally by your mother's and father's families.
Remember that rules and regulations differ slightly from state to state, so your personal estate planner must clarify the specifics. If you are married, your surviving spouse will receive a percentage of your assets if you die without a will in almost every state.
If you are married and have kids with only your surviving spouse, the spouse obtains 100 percent of your community property. The remaining funds are divided according to intestate succession law. In cases where people have children from previous relationships, one-half of their estate is divided equally among those children, with the other half going to the current surviving partner. Again, exact figures vary by state.
Domestic partnerships are not legally recognized in every state, so it is critical to check your state's laws when splitting a person's assets after death. A registered domestic partner receives the same as a married surviving spouse in states that acknowledge domestic partnerships — Connecticut, Hawaii, Nevada, Oregon, Vermont, and Washington.
When someone dies without a will, unmarried couples who live together can suffer terribly. Intestacy laws only acknowledge blood, marital, or adoption relationships. Cohabiting couples generally cannot retain the other partner's property unless the decedent's intentions are clearly stated in the will. In the absence of a will, the decedent's property will be split among relatives per intestate succession law. The other partner will keep only their separate property.
Property held in tenancy by the entirety or joint tenants with the right of survivorship by both sides will transfer to the surviving partner. A common-law spouse might inherit in a state that acknowledges this type of marriage and in states that identify another state's common-law marriage. Still, the inheriting partner must demonstrate the existence of their common-law relationship.
One of the essential distinctions in law practice is between court action and corporate or transactional law. Almost any attorney will make this distinction in law school or at the beginning of their career.
If you watch many tv-shows, you may assume lawyers negotiate deals one day and perhaps go to court the next for high-profile litigation. This is highly unusual in legal practice. Litigators and lawyers each deal with corporations, but in distinct manners.
The difference between corporate law and commercial litigation is concise. Corporate lawyers create transactions or deals, and lawyers intervene when those transactions fail. So, what exactly are corporate lawyers?
Corporate lawyers essentially advise companies on their legal responsibilities, rights, and duties. They are typically corporate generalists or lawyers who counsel businesses on their legal obligations, rights, and responsibilities, as well as provide guidance on company structures and evaluate legal endeavors. To meet their clients' refined requirements, corporate lawyers collaborate with other transactional attorneys in areas such as tax, ERISA, and real estate.
When defining practice areas, many companies use the phrases "transactional" and "corporate" synonymously. Corporate lawyers structure transactions, draft files, create deals, attend meetings, and make phone calls to accomplish these goals. A corporate lawyer strives to ensure the terms of agreements are transparent and straightforward, so it will not cause possible issues for their client.
Corporate lawyers also advise corporate officers, directors, and insiders on their responsibilities and obligations. Not all businesses classify the various types of corporate practice similarly. Some companies, for instance, may have distinct practice communities for antitrust or mergers and acquisitions. In contrast, others may incorporate them into their corporate department.
A corporate lawyer can assist a client in forming, organizing, or dissolving a business entity. Attorneys outline documents of incorporation, which document the company's creation and stipulate the leadership of internal affairs, to form a corporation.
Agreements, limited liability businesses, limited liability partnerships, and business trusts are also dealt with by corporate lawyers. Attorneys assist their clients in determining which legal forms are best suited for the type of business they want to operate, and the connections the leaders want to establish with one another.
Corporate lawyers may research employment law or environmental law, or communicate with another attorney specializing in those areas. Corporate attorneys also advise business executives on the obligations and rights of corporate directors.
Mergers and acquisitions are a large corporate practice area (M&A). A company may add a property, production facilities, or a trademark by acquiring or merging with another corporation. A merger or acquisition may also be used to eliminate a rival in the same industry.
M&A attorneys advise clients on proposed purchases. Mergers and acquisitions lawyers discuss options with their clients on these issues, and the attorney and client work together to establish who should accept current or forthcoming liabilities.
A corporate attorney team typically evaluates a company's critical assets and liabilities, such as income statements, work contracts, real estate holdings, intellectual property holdings, and any existing, awaiting, or likely litigation, to analyze a proposed venture. After that, lawyer(s) can assess the situation and discuss particular concerns with the client. This is known as due diligence.
As in any corporate law role relating to emerging companies, lawyers in venture capital assist in developing and expanding businesses. This means they assist new companies in raising money, organizing their operations, and maintaining their legal and business structures after formation.
A lawyer in a venture capital practice works on personal and public sources of funds as well as daily counseling services. Overall company work, such as drafting articles of incorporation and other papers, as well as technology licensing, financing, and mergers and acquisitions, may fall under their purview.
Some corporate attorneys focus on securities law. On a federal level, when it comes to the Securities Act of 1933, the act necessitates firms that sell securities to the general public to sign up with the federal government.
If a company's stock is traded on a public stock exchange, the company must file a detailed report with the Securities and Exchange Commission, and distribute portions of those documents to shareholders. Based on the size of the company and the kind of investor, corporations must follow specific protocols for revealing information to shareholders and potential investors.
Corporate lawyers write reports for initial public offerings, annual and quarterly disclosures, and special filings if anything happens that could impact the value of the stock. This includes factors such as impending litigation, government investigation, or underwhelming net profits. Even if they do not focus on corporate securities law, the issuance of stock and the creation and dissemination of statistics are subject to a slew of rules corporate lawyers must understand.
Four Florida school boards have been named in a second federal lawsuit that questions the constitutional validity of the state's "Don't Say Gay" law and the efforts of districts to comply with it.
A group of plaintiffs, which includes a same-sex couple and their two children, an opposite-sex couple, and their four kids, among whom one is nonbinary - Will Larkins, made the complaint. Will Larkins is a gay and nonbinary rising senior at Winter Park High School in Orange County, Florida, and Centerlink, Inc. Centerlink, an organization supporting local LGBTQ+ individuals, filed the complaint in the Middle District of Florida U.S. District Court.
In the lawsuit, plaintiffs claim the "Parental Rights in Education" law, also known as the "Don't Say Gay" law by detractors, violates their First Amendment right to free speech. It also violates the right to expression, as well as their Fourteenth Amendment rights to due process and equal protection.
According to the law, sexual orientation or gender identity discussion is prohibited in grades K–3. They are limited to middle and high school students dependent on the subject matter being "age-appropriate or developmentally appropriate" — terms state education officials have not yet characterized. Parents have the legal right to file a lawsuit against a district if they are dissatisfied with how it is being applied, and mandates all school districts adhere to its requirements.
Each plaintiff contends the law has harmed them in some way, either by forcing same-sex couples to keep their relationship private to protect their children, or an overly litigious parent using the recognition of their family as a pretext to sue the school or attempt to have teachers fired.
This is done by tolerating bullying of LGBTQ youth by making teachers and staff afraid to intervene because they may be accused of "grooming" or "indoctrinating" children. Also, it is done by preventing children from seeing their LGBTQ siblings as their family; or by grounding LGBTQ students like Larkins, for instance. He was transferred to another class after writing a presentation about the Stonewall Uprising.
"This breathtakingly broad law's aim and effect are to silence LGBTQ+ students and families, and the law's ambiguity heightens this chilling effect.” According to a statement from Kell Olson, a staff attorney with Lambda Legal, "The law encourages schools to aggressively control conversations that might trigger the type of ethical objection that arose to this law. This happens because it welcomes any parent unsatisfied with a school's censorship of LGBTQ-related lectures to sue the school district and gather attorney fees."
Tracy Pierce is the director of marketing communications at Duval County Public Schools. She stated via email that the municipality "will always take measures required to comply with Florida legislation.
"LGBTQ+ parents are finding it difficult to explain to their kids in a kind way why they won't be able to discuss with their families openly when they return to school in a few weeks.” Olson said schools have already eliminated anti-bullying training for K–12 teachers and removed books from the shelves. This discriminatory law endangers students and conveys shame and stigma that have no place in educational institutions.
Plaintiffs David Dinan and Vikranth Gongidi, a same-sex couple with two kids, said, "We are intensely worried about the negative impact that HB 1557 has upon our family… The law restricts our freedom of speech and expression. The law forces us to self-censor out of concern for the reactions of our children's classmates and educators, which could lead to our kids being excluded and ashamed of their families. Additionally, it harms our children's growth and development in an irreversible way.”
Larkins continued, "I am worried that this law will destroy any chance of healthy and significant discussions about LGBTQ+ issues or historical events, which are already lacking in our schools. Due to the law's ambiguous language, rigid parents feel empowered to become vigilantes and impose their views on other people's children by suing the school district for any disagreements.”
Indian River County Schools added: "Our school district will proceed to provide the necessary support to pupils and staff to guarantee that no child is marginalized against. Also, all students are given equal opportunity to a high level of education". The four school districts being sued refused to comment on the lawsuit or discuss ongoing litigation.
Due to the "Don't Say Gay" law, the hard-won safeguards fought to establish in Florida school districts to protect LGBTQ+ students, like LGBTQ+ Critical Support Guides and anti-bullying regulations. “Inclusive materials are being forcibly removed as schools move toward censorship to avoid pricey legal challenges by anti-LGBTQ+ parents," added Chriss. "We will fight to make this injustice right, to correct this wrong, and to ensure that each pupil has access to an understanding and safe school climate."
The Supreme Court ruled Americans have a broad ability to defend themselves in public, overturning a New York law putting clear restrictions on carrying guns outside the home and sparking a scramble in other states with similar s.
The decision is anticipated to spark a flood of lawsuits attempting to unwind existing state and federal constraints, forcing five states — California, Hawaii, Maryland, Massachusetts, and New Jersey — to reinterpret their laws.
The decision comes in the aftermath of mass shootings in Buffalo and Uvalde, Texas. The same day, the Senate passed gun control legislation to improve background investigations for prospective gun buyers aged 18 to 21. The decision offers additional incentives for states to implement so-called ‘red-flag laws’ and stiffen a federal ban on domestic abusers purchasing firearms. It was the most significant action on gun regulation taken by Congress in nearly thirty years.
The decision, by a vote of 6-to-3, demonstrated the power of the six conservative justices, all of whom voted to overturn the New York law, in setting the national agenda on social issues. The three liberal judges on the court disented.
The Second Amendment protects "an individual's right to carry a handgun for self-defense outside the home," wrote Justice Clarence Thomas for the majority. Justice Thomas wrote that states could continue prohibiting guns in certain places, such as schools and government buildings, but the ruling left the question of where such bans might be permitted.
New York Gov. Kathy Hochul promised to revisit the issue in the Legislature as soon as next month to enact new legislation allowing the state to keep existing regulations. Democratic lawmakers in Maryland have also indicated they will rewrite legislation to withstand anticipated legal challenges.
"We already have a major gun violence crisis," Ms. Hochul stated. "There's no need to add more fuel to the fire."
"This is not how the Sixth Amendment works regarding a defendant's privilege to confront witnesses against him… That is not how the First Amendment operates when speaking about unpopular speech or religious freedom," he added. “And it is not how the Second Amendment works when carrying a firearm in public for self-defense."
"The government must prove that the legislation is continuous with this nation's historical tradition of gun legislation," the majority opinion stated. Justice Thomas disregarded the standard of most lower courts, considering if the law accelerated a critical government interest in favor of placing a strong emphasis on history.
He acknowledged the court's new requirement for a historical investigation would not always be straightforward.
The case involved so-called ‘may-issue legislation’, which gives government officials significant latitude in issuing gun permits.
Justice Brett M. Kavanaugh, attended by Chief Justice John G. Roberts Jr., wrote in a concurring opinion that "shall issue" regulations used objective standards and stayed presumptively constitutional. "Fingerprinting, a background check, a mental health data check, and coaching in firearms dealing and laws regarding the use of coercion," he wrote, was generally permissible in states.
President Biden criticized the decision, calling himself "deeply disappointed." He said, "it contradicts both good judgment and the Constitution and should profoundly trouble all of us."
On Thursday, gun rights activists applauded the judgment. "The court has made clear that the Second Amendment right to bear arms is not limited to the home," said Larry Keane, a top official with the National Shooting Sports Foundation, the gun industry's leading trade organization. "The responsibility is on the government to rationalize restrictions, not on the person to justify a need to use their rights to the government."
Shares of firearms manufacturers increased on Wall Street, with Smith & Wesson up more than 9%.
According to Jonathan Lowy, a lawyer at Brady, a gun control organization, the choice was a grave mistake. "With a stroke of the pen," he said, "the Supreme Court today invented a presumed right to carry loaded firearms nearly anywhere — to shoot and murder other people."
The case involved a lawsuit brought by two men who were denied licenses in New York, claiming "the state makes it nearly impossible for the normal law-abiding civilian to get a license."
Robert Nash and Brandon Koch were permitted to carry firearms away from populated areas for target shooting and hunting.
Citizens might not be obligated to explain to the government why they desire to practice a constitutional right, wrote Justice Thomas. "We are aware of no other constitutional right that may be exercised only after proving to public officials some special need," he wrote. What the future reserves for gun rights is uncertain, however, what is clear is that what occurred in Buffalo and Uvalde, Texas is a tragedy, leaving many to wonder if it could have been avoided.
Some believe mass-shooting investigations would not take place so often if early warning signs were not so easily dismissed. Because of this belief, New York state is implementing a new approach to monitor applicants for gun licenses. Individuals who want to carry concealed handguns will be required to hand over their social media profiles in order for their "character and conduct" to be analyzed.
Many Democrats and national gun control advocacy organizations support the strategy. Still, many specialists have expressed concern regarding how the law will be mandated and how it will address freedom of expression concerns.
According to the executive director of the New York Sheriffs' Association, Peter Kehoe, sheriffs did not receive extra funding or additional staff to process the new application procedure. Kehoe claimed the law violates Second Amendment rights, and that while candidates must mention their online profiles, he does not believe local officials will properly analyze them. Some local authorities who will be tasked with reviewing social media content are also concerned about funds and, in some cases, the law's constitutionality.
"I don't think we'd do that," said Kehoe. "I believe it would be a constitutional violation."
The new rule, which went into effect in September, was included in a law passed in July seeking to keep firearms restrictions in place after the Supreme Court decided most individuals have the right to carry a firearm for self-defense. Democratic Gov. Kathy Hochul signed it, noting shooters occasionally telegraph their intention to cause damage to others.
Young men, including the shooter who killed 19 children and two teachers at a primary school in Uvalde, Texas, are progressively going on the internet and revealing their intentions.
The law requires applicants to offer a list of their present and previous social media profiles from the last three years to local authorities. It is unclear if candidates will be required to provide access to personal accounts that are inaccessible to the general population.
It will be up to local agents, courts, or county clerks to evaluate accounts and decide if they are appropriate. The law will also force individuals to complete hours of safety training, demonstrate shooting proficiency, offer an additional four character references, and sit for in-person interviews.
According to Tanya Schardt, senior counsel and board member of state and federal policy for gun law advocacy organization Brady, the law represents how the Supreme Court decision has switched responsibility for vetting those who hold firearms in public to states.
"The question must be, can we do this in an anti-racist manner that does not generate another set of abuse, namely state violence that occurs through monitoring?" said Patton, University of Pennsylvania social policy, communication systems, and medicine professor, who also established SAFElab, a research strategy studying violence among youths of color.
"You'll also have to inform them about your social media profiles because New York wants to fully investigate you to see if you're one of those risky law-abiding residents who are sweeping the nation and boosting crime, "Jared Yanis, presenter of the Guns & Gadgets YouTube channel, says in a widely viewed video about the new law. "How did we get here?"
Hochul, who has also accused state police of countering online extremism, did not reply instantly to a list of inquiries about the social media necessity, mainly how the state will discuss free speech and privacy issues.
"A common stumbling block is figuring out how to enforce this” - James Densley, a criminal justice expert and criminal justice teacher at Metro State University and co-founder of the research program The Project Against Violence stated. "I believe it opens a can of worms because no one knows what is happening.”
He admitted it could be challenging to decipher social media posts by younger people, who may simply be articulating themselves by posting a music video. Where this gets tricky is determining how much of this is the expression and how much is evidence of wrongdoing." Densley explained. Facebook, Twitter, 4Chan, and Parler representatives did not immediately respond to requests for information.
Desmond Patton is a medicine professor. He believes New York should take into account recruiting trained groups to determine the best way to engage with online individuals who display signs of radicalization or trauma and may require assistance.
"There are numerous nuance and contextual issues." "We speak differently; how we discuss may be misinterpreted," Patton explained. "I'm concerned that we don't have the right people or tools to do this in a way that is beneficial in avoiding violence."
Adam Scott Wandt, a professor of public policy at John Jay College of Criminal Justice, said he facilitates gun control, but is concerned the New York law will set a precedent for disclosure requirements of social media activity for people seeking other kinds of state licenses.
Your appearance in court is your first impression of the judge and jury. Whether you are there as a defendant or plaintiff, your attire can significantly impact your case. Wearing proper clothes in a courtroom shows that you are respectful to the judge, jury, and other people in court. Here are some tips on how to dress when you go to court.
Many courtrooms in the U.S follow dress code requirements. If the court has an official website, it is worth visiting it to check if there is any instruction on what to wear. You can also consult with your attorney. According to a study by Loyola University School of Law, "clothing that distracts or offends" can undermine the professional atmosphere of a courtroom.
Even if the courtroom does not have a dress code, you must show professionalism. Dressing appropriately conveys the message to the judge and jury that you take your case seriously and respect the conventions of the court. For instance, in a case where you are accused of neglect and irresponsibility, showing up in court properly dressed can have a positive influence on the decision of the judge and jury.
The type of case can also be an important factor in your choice of clothing. For example, if you are defending against a case related to a financial matter, it is best to avoid expensive brands in clothing and accessories. The biggest risk of not dressing appropriately is that you risk being perceived by the jury or judge as dishonest.
Wearing a business casual suit and tie would be appropriate for most courtrooms. Men should also have their hair groomed to look neat.
Men have multiple choices for wearing casual business attire to the court, such as a sports coat, buttoned-up formal shirts, nice shoes, and accessories. Keeping it simple is easy and pleasant to the eyes. There are a few things you should completely avoid wearing, including the following:
Showing up in court wearing overwhelming patterns or flower-printed clothing might not offer you the best impression. You must appear serious and focused on the matter at hand inside a courtroom.
Women have a lot of choices when it comes to courtroom attire, but like everyone else appearing in court, it is best to stick to conservative and formal dressing. The hairstyle you wear to the court must be neat. If you have long hair, consider a professional-looking ponytail.
You can wear business casual attire such as dress pants and a buttoned-up shirt. Wearing a decent and conservative suit is appropriate for women in a courtroom. They should try to appear professional and respectful with formal clothing. There are a handful of things to avoid wearing when in a courtroom, including the following:
Do not wear anything too revealing or form-fitting, as most courtrooms strictly follow a conservative dress code. Being a defendant in court can require extra thought in matters of dressing, arriving, and body language. Arriving in court well-dressed can convey that you have respect for the criminal justice system and are a responsible individual. When you appear well-dressed, it gives you a good start in your case.
Here is an example of how you should dress for court in South Florida. Not all courtrooms have specific dressing requirements, which is why you must consult with your attorney before appearing in court. Experienced attorneys can guide their clients on what to wear in court and how to look professional. Attorneys represent your case, and if you dress appropriately, it benefits your case.
If you have a physical disability or a skin condition, discuss it with your attorney on what would be appropriate to wear to court in that condition. If you adhere to any religious dressing, inform your attorney and discuss how you can make your clothing appear more professional and suited for the courtroom. It is common for city courtrooms to have a more traditional attire than courtrooms in suburban or rural areas.
If you don’t have time to consult an attorney, it is a safe bet to keep it neutral by dressing in simple and fully covered clothing and not wearing any bright colors or distracting patterns.
A car accident is not only injurious to your health, but it can also result in a big financial burden on you. One of the primary concerns of any plaintiff in a car accident is getting full, fair, and timely compensation for their suffering. Settling a case is typically a faster resolution to the issue compared to taking the case to trial, but there are many reasons why a car accident settlement gets delayed.
A car accident settlement, in legal terms, is the agreement between the plaintiff and the defendant that the liable party will pay for damages that occurred in the road accident. This, in effect, means that the case does not need to be taken to court. Most car accident settlements are handled outside the courtroom, but if the parties don’t reach an agreement, taking the case to a judge or jury could be the only legal option.
Every state has different legal procedures regarding car accident settlements. For instance, Florida courts use a comparative fault method to determine how much settlement is received by the victim. If you get in a car accident in Florida and your damage is $10,000, with 30 percent of the accident being your fault, you only acquire 70 percent payment ($7,000) for the damages to your vehicle.
The first thing you should do after a car accident is hire an attorney. If you contact an insurance company before hiring an attorney, they may try to find a way out of paying a fair settlement. When you hire an attorney beforehand, your attorney takes care of the legal processes and insurance matters while you focus on your recovery.
A car accident settlement can be resolved in a few weeks; however, according to the Bureau of Justice Statistics (BJS), car accident settlements can take as long as 14 months. Car accident settlements are commonly paid in installments, so don’t expect the full settlement amount in the first payment.
Your attorney can contact the insurance company and negotiate with them until both parties reach a settlement. Typically, the insurance company will send a document known as a release form before payments are made. The form indicates that both parties are satisfied with how the claim is being settled and agree not to file any lawsuits against the other party involved in the accident.
After you sign the document, your attorney will get the first settlement from the insurance company in a few weeks. It is common for the attorney to pay off any remaining bills and deduct their contingency fee before giving you the settlement.
Your case may take time to reach a settlement because of the time it takes you to recover from the accident. Most attorneys suggest that you do not file a lawsuit before the medical treatment is completed because you can get maximum compensation. Many car accident injury cases are often delayed until the doctor handling your case can confirm that you have recovered or reached the maximum medical improvement (MMI).
The court can give the insurance company an extension to request additional evidence related to the car accident. Most car accident claims do not reach a settlement quickly because there is a lack of evidence or a request for additional evidence collection by the liable party, or the insurance company.
The process of collecting additional evidence, such as witness testimony and medical records, can take several months, especially if there is a lack of eyewitnesses to the scene of the car accident. Having an experienced attorney by your side could help shorten your time to attain a settlement. Lack of evidence in a car accident injury case can make it difficult to impose liability on the defendant. This can lead to a comparative fault situation or a prolonged investigation to find liability in the dispute.
After you file a lawsuit, your lawyer will submit a demand to the insurance company. The insurance company can take its time to review the claim and then deliver a counteroffer to agree to the claim. If the settlement is not fair, you can make a counteroffer or reject the settlement.
Hiring an attorney in a car accident case can increase your chances of attaining a fair settlement. Attorneys experienced in the field can inform you regarding legal matters and how much time it can take you to get a settlement. In addition, an attorney can help you attain additional compensation by handling the negotiation with the insurance company.
In some states, it is possible to sue for a HIPAA violation on the grounds of breach of contract or negligence of a healthcare provider or insurance company. The burden of proof will be on the plaintiff as they will need to prove that harm or damage was caused as a result of the wrongdoing or negligence of the healthcare provider or insurance company.
The HIPAA (Health Insurance Portability and Accountability Act) protects the rights of patients. It was first introduced in 1996 to resolve the issue of insurance coverage for temporarily unemployed individuals. The HIPAA Laws have evolved since then to include several rules and regulations that protect the rights of patients.
The HIPAA legislation also protects the medical data of each patient. A patient's personal and medical history is restricted to their authorized healthcare provider and the insurance company.
All organizations that are covered under HIPAA law must comply with HIPAA rules. This includes procedures that must be followed to prevent the breach of privacy and security of the patients.
If a healthcare organization fails to protect its patients’ medical records, it can face serious penalties. With HIPAA laws, patients can authorize who their information is shared with. They also have the right to obtain copies of their medical records and request corrections to their medical records.
The most common violation of HIPAA law is divulging patient information to an unauthorized party without the patient's consent. Employees cannot share patient information with their family, friends, or third parties.
Another common HIPAA violation is stolen items due to negligence. Suppose a computer that contains sensitive medical information of the patient is lost or stolen due to the negligence of the organization. In that case, it can result in hefty HIPAA penalties and fines for the organization.
There are several types of HIPAA violations, so you must determine if your case qualifies as a violation. Seeking guidance from a HIPAA violation lawyer can help you get on track to get compensation for any potential HIPAA violation. To initiate the proceedings, you will need to file a complaint at the Office for Civil Rights (OCR) at the Department of Health and Human Services.
You have 180 days from when the violation is discovered to file a complaint. If required, you can file for an extension. You will have to wait for a response from the OCR to determine if a violation was made. Keep in mind that the complaint can only be filed against the organizations that are covered under HIPAA regulations.
There are a few ways the complaint can be resolved before any legal action is required. For example, the organization can accept the mistake and take action against the healthcare worker. In case of a criminal violation, the case can be taken to the Department of Justice.
After filing a complaint at the OCR website or writing a form to the department, you should keep a copy of the complaint for your attorney. It is important to note that you cannot sue an individual directly for HIPAA violations. HIPAA does not include allowing for "private right of action," which means a patient cannot directly sue for a HIPAA violation.
A HIPAA-covered entity can only be sued if the violation of HIPAA Law involves the negligence of state or federal laws. However, in case of a criminal or harmful violation of your healthcare record, you can sue for compensation.
There may be other victims of HIPAA violation at the hands of the same healthcare provider or insurance company. This means a class action lawsuit involving multiple victims may be a stronger case to pursue against the healthcare provider or insurance company. However, you should know that if there was no harm incurred as a result of the HIPAA violations, there is unlikely to be any financial compensation for you as a victim. Your attorney can guide you on whether your case qualifies for any other laws that protect your rights as a patient.
If you believe you are a victim of a HIPAA violation, you can hire an attorney to sue. A HIPAA violation attorney is well-versed in different aspects of HIPAA law. This includes exclusions to the HIPAA law. They can file a state court lawsuit on your behalf and handle communications with the Department of Justice and OCR on your behalf.
The attorney can also guide you on the steps to take to maximize your chances of winning the lawsuit. This includes guidance on whether your case has the foundation to be successful in a lawsuit or if an alternate course of legal action will be more suitable.