Dallas, TX, USA, 07/05/2016 /SubmitPressRelease123/

In an earlier post, called “Dallas Drug Possession Lawyer- Getting a Sentence Reduced in Federal Drug Cases,” Federal drug defense attorney John Helms outlined four strategies that a person accused of federal drug distribution can potentially use to get a reduction of their sentence.

These are:

1.  Cooperate with the government.

2.  Negotiate a plea to a charge with a lower mandatory minimum sentence.

3.  Negotiate a plea agreement with a maximum sentence cap.

4.  Invoke the “safety valve” provision of 18 USC Section 3553(f).

This post discusses in detail how negotiating a plea to a charge with a lower mandatory minimum sentence can get you a sentence reduction.

Federal drug charges usually have mandatory minimum sentences. This means that, with only a couple of exceptions (cooperation with the government and the “safety valve”), you cannot get a LOWER sentence than the mandatory minimum. When it applies, the judge cannot give you a lower sentence because doing so would violate the law.

As an example, for a first offense for distribution of, or conspiracy to distribute, between 500 grams and 4999 grams of a mixture containing cocaine, or between 50-499 grams of a mixture containing methamphetamine, the mandatory minimum sentence is 5 years in prison.

However, for 5 kilos or more of a mixture containing cocaine, or 500 grams or more of a mixture containing methamphetamine, the mandatory minimum sentence is 10 years.

If you are charged with a drug crime that carries a ten-year mandatory minimum, for example, sometimes prosecutors may be willing to agree to lower the charge to a lower quantity that carries only a five-year mandatory minimum. If that is part of a plea agreement, the Government will file what is called “superseding information,” which replaces the more serious charge in the indictment with the less serious charge.

A plea agreement like this is helpful when it is expected that you will get a sentence of LESS THAN the mandatory minimum of the more serious charge. For example, if it is expected that you will get a sentence of between six and eight years under the Federal Sentencing Guidelines, if your mandatory minimum is ten years, then you would (absent an exception) get at least ten years. But if the plea agreement results in a charge with a five-year mandatory minimum, then you are likely to get between six and eight years instead of ten years.

Prosecutors are not always willing to do this by any means. They are usually more willing when the accused has a minor role in a drug conspiracy or if they think it will be difficult to prove the larger quantity of drugs for some reason.

Ask your drug defense lawyer about this option. I have been able to get good results for clients using it.

If you or someone you know has been charged with a federal drug offense or are facing other drug charges, contact Federal drug defense attorney John Helms immediately. Call 214-666-8010

Read the first article here:  “Dallas Drug Possession Lawyer Getting a Sentence Reduced in Federal Drug Cases”

source: http://johnhelms.attorney/federal-drug-defense-attorney-getting-sentence-reduction-federal-drug-cases/

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Dallas, TX, USA, 07/14/2016 /SubmitPressRelease123/

In a prior blog post the four primary ways of getting a sentence reduction in federal drug cases were covered by Dallas drug lawyer John Helms:

1.  Cooperate with the government.

2.  Negotiate a plea to a charge with a lower mandatory minimum sentence.

3.  Negotiate a plea agreement with a maximum sentence cap.

4.  Invoke the “safety valve” provision of 18 USC Section 3553(f).

This post is will go into detail about negotiating a plea agreement.

As most of the best drug attorneys in Dallas can tell you, plea bargaining in federal criminal cases is very different from plea bargaining in state court criminal cases in Texas.  In state court, a defendant can choose to have either a jury or a judge decide the sentence at trial, so plea bargains usually include an agreed upon sentence.  State judges are not literally required to comply with the plea agreement, but they rarely refuse to accept them.

Federal court is different.  A judge ALWAYS decides what the sentence will be.  A plea agreement with an agreed sentence is not favored by federal judges because it takes away some of their power to decide the sentence.  For this reason, the Justice Department puts serious limits on a prosecutor’s ability to agree to a specific sentence in a plea agreement.  Plea agreements with an agreed upon sentence do happen, but they are rare.

One thing you CAN do in plea bargaining in a federal case is to ask for an agreed “cap” on the sentence. This means the plea agreement says that the LONGEST sentence the defendant can get is, for example, 20 years.  A judge still has to approve this type of plea agreement, but they are more likely to approve a “cap” than an agreed sentence.

Caps are especially useful when there is uncertainty over the Federal Sentencing Guideline range or when the defendant is looking at a fairly lengthy sentence so that a prosecutor does not mind capping it at a length the prosecutor believes is reasonable, even if the prosecutor’s case is very strong, adds Dallas drug lawyer Helms.

It is usually relatively easy to ask for a cap during plea bargaining, and I have used this concept successfully many times.

If you or someone you know has been charged with a federal drug offense or are facing other drug charges, contact Dallas drug lawyer John Helms immediately. Call 214-666-8010

Read more here: http://johnhelms.attorney/federal-drug-defense-attorney-cooperate-government-cut-sentence/

https://www.linkedin.com/in/john-helms-69172699

source: http://johnhelms.attorney/dallas-drug-lawyer-plea-bargaining-can-reduce-sentence-federal-drug-cases/

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Boca Raton, FL, USA, 07/14/2016 /SubmitPressRelease123/

The first metal replacement hip in the United States dates back to 1940. The history of these devices, like many medical devices, includes advancements, improvements and problems. According to Joe Osborne, a Boca Raton hip replacement lawyer, “for those with defective artificial hips these problems can severely limit your physical abilities, give you acute pain and threaten your health and life.”

For metal on metal hip replacements, where both the new ball and socket of the artificial hip are made of metal, problems arise because the metal parts rub together continuously and eventually metal leaches out into the blood stream as well as into nearby tissue and bone. How do you know you’re having problems with an artificial hip?

Metal debris from the hip can cause inflammation in nearby tissues causing bone loss, which can cause the implant to loosen. Up to 35% of defective, modular, artificial hips removed from patients show corrosion or other evidence of damage, according to St. George Hospital in Sydney, Australia.

Bone fracture, dislocation of the hip, components being in the wrong position, infection around the implant and certain stem designs can also contribute to loosening of the stem component.

Symptoms may include hip/groin pain, swelling, numbness or having difficulty walking.

The metal from the joints doesn’t just stay in the area of the hip. It can spread through your entire body through your blood stream causing metal poisoning, or metallosis. Patients with metal on metal hip implants need to pay close attention to changes in their general health, in addition to new or worsening symptoms involving the hip. There could be,

General hypersensitivity reaction (skin rash),

Cardiomyopathy (abnormal heart muscle, making it more difficult to pump blood through your body),

Neurological changes including sensory changes (difficulty in hearing or seeing),

Psychological change (including depression or cognitive impairment),

Kidney impairment, and

Thyroid dysfunction (including neck discomfort, fatigue, weight gain or feeling cold).

Other issues can arise when the components mechanically loosen over time (often five to ten years after surgery with a much greater chance of this happening 12 to 15 years post-surgery), especially if the person is young and has used the new joint for a long time, is physically active or over weight. Eventually the joint may dislocate, essentially falling apart. Thigh pain is the main symptom of stem loosening, especially during walking. The pain often radiates to the knee, adds Joe Osborne hip replacement attorney in Boca Raton.

The U.S. Food and Drug Administration has this advice for anyone with a metal on metal artificial hip showing these symptoms,

If you are suffering hip/groin pain, noise from the joint, difficulty walking or a worsening of your prior symptoms, see your orthopedic surgeon to evaluate your implant. You may need a physical exam and other evaluations depending on your symptoms.

If there are new symptoms or medical conditions outside of your hip, report these to your primary physician and remind him or her that you have a metal-on-metal hip implant.

If you show symptoms of a failing hip or you are unsure you can set up a free review with our office to determine the type and model of your replacement hip implant and whether it is part of the hip replacement recall. You can discuss your legal rights with an experienced Boca Raton hip replacement lawyer about compensation for the pain, suffering, physical limitations, additional medical treatments, impact on your life, relationships and ability to work. We can talk about how the law may apply to your situation and the best ways to protect your legal rights and interests.

source: http://www.oa-lawfirm.com/boca-raton-hip-replacement-lawyer-describes-failed-hip-replacement-surgery/

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Boca Raton, FL, USA, 07/14/2016 /SubmitPressRelease123/

People have artificial hips implanted because the ones they were born with have deteriorated to the point the pain and lack of mobility is just too much. Joe Osborne, a defective hip replacement attorney in Boca Raton states “Unfortunately for many people who tried to solve the problem with a metal on metal artificial hip, one set of problems have been replaced by a new set of problems. These failed, defective hip replacements are arguably the worst disaster in orthopedic history. A conservative estimate is that 10% of all replacement hip implants will fail at some point,” adds South Florida attorney Joe Osborne.

There are a number of injuries that can occur due to defects in artificial hips. They’re associated with the consequences of the corrosion of the implants and metallosis (metal poisoning, caused by metal leaching out of the metal joints which rub together) of the hip joint.

The corrosion and metal products are toxic to the hip joint. They cause destruction of tissue, muscle and bone, which requires additional surgery that would never have been needed but for the harm caused by the hip implant.

Even after the defective hip implant is removed and replaced the damage done can limit one’s physical abilities and cause pain indefinitely.

The dead tissue surrounding the hip; dead bone and dead muscle leave the joint either unstable or damaged forever as a result of the defective hip implant.

Over time complications from the removal surgery can appear, including the need for additional surgeries and potential infections, all resulting from the damage caused by the failed hip implant.

One example of the dangerous domino effect caused by defective replacement hip implants is illustrated by one client who we represent.

He worked in the construction industry and owned a very successful construction business. The client worked on roofs, laid tile and helped build houses.

Because of the implant and the physical nature of his work the damage to his hip joint was severe.

Even after the failed hip implant was removed, the destruction was so advanced that he has needed multiple surgeries to try and deal with the amount of tissue and bone that was destroyed by the toxic particles and the metallosis.

The client’s hip will never be the same. He walks with a cane. He lost his construction business and his life has been permanently scarred simply because he received an implant that is one of the biggest catastrophes in the history of orthopedic implants.

People more susceptible to these types of problems, according to the U.S. Food and Drug Administration, include females and those with,

Hip replacements on right and left hips,

Resurfacing systems with small femoral heads (less than or equal to 44 mm),

High doses of corticosteroids,

Kidney problems,

Suppressed immune systems,

Hip components not in ideal positions,

Suspected metal sensitivity (including cobalt, chromium and nickel)

Problems with obesity, and

High levels of physical activity.

If you suspect that you are having problems with your replacement hip implant then a defective hip replacement attorney in Boca Raton at Osborne & Associates can review your model and manufacturer, and can discuss your legal rights to compensation for the pain, suffering, physical limitations, additional medical treatments and impact on your life, relationships and ability to work. We can discuss how the law may apply and the best ways to protect your legal rights and interests. Call (561) 800-4020.

source: http://www.oa-lawfirm.com/defective-hip-replacement-attorney-boca-raton-discusses-implant-disaster/

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Philadelphia, PA, USA, 07/14/2016 /SubmitPressRelease123/

Nearly a third of all traffic-related deaths in 2014 in the U.S. involved alcohol use, according to the federal Centers for Disease Control and Prevention, costing nearly 10,000 lives. Thirty states, including Pennsylvania, have dram shop acts, which could hold those serving alcohol to drunk drivers responsible, according to Philadelphia accident lawyer Rand Spear.

The laws can result in liability for restaurants, bars and liquor stores who serve alcohol to intoxicated customers who cause injuries and deaths to others due to their drunk driving. Spear discusses the issues of drunk driving in a podcast available on YouTube.

“If you serve liquor to someone who is visibly intoxicated then you become responsible. If you serve liquor to a minor you become responsible, so you really have to be very careful when you host parties even in your home,” Spear warns. “If people get drunk and you can see that they’re visibly intoxicated, they continue to drink, get behind the wheel and cause an accident you can be held responsible.”

Philadelphia car accident attorney Spear says if a drunk driver causes a car accident and injuries that driver is responsible because it’s illegal to drive while intoxicated. While investigating a case it may be discovered where they became intoxicated, whether it was at a bar or restaurant and if the driver was visibly intoxicated at the time.

“You want to take discovery and find out were they slurring their speech, were their eyes glassy, were they acting inappropriately? If the bartender, waitress or person serving them should have noticed this person was intoxicated then the person serving the liquor could be responsible,” accident attorney Spear says.

Many of those involved in accidents with a drunk driver suffer severe injuries, according to Spear. “We’ve had fatality cases, brain injury cases, and just horrific injuries. Think very clearly before you get behind the wheel of a car and make sure you know not to drink and drive. It’s just not the right thing,” Spear says. He suggests planning ahead so a sober, designated driver takes people home.

Spear suggests families talk about drinking and driving to avoid possible accidents and harm to loved ones.  “It’s not something that you should ignore or sweep under the rug. I have a 23 year old son that I have a conversation with him all of the time. Where are you going? Who are you going to be with? How are you going to get home? Will there be alcohol? I want all those questions answered,” Spear says.

Spear says his son can call him any time, day or night, and he will go pick him up to make sure he’s safe. He suggests that older family members also rely on younger ones to get them home safe because it’s not just younger people with less experience driving and drinking who are hazards.

“There’s plenty of adults in their thirties and forties and fifties who simply go out and drink too much. If you suspect that’s something going on in your family you need to sit down with the family and have a frank, honest conversation and come up with a game plan,” Spear suggests.

“There’s nothing wrong with a father calling a son and asking him to come pick him up because he’s had one too many. There needs to be cooperation within the family so that we can really cut down on the number of people that are drinking and driving. It’s all of our responsibility to do the right thing.”

If you or a family member were injured or killed in an accident involving a drunk driver, Philadelphia accident lawyer Rand Spear is available to help those living in Pennsylvania and New Jersey. His website is http://www.randspear.com and his phone number is 888-373-4LAW.

source: http://randspear.com/2016/07/08/philadelphia-accident-lawyer-serve-drunk-driver-may-liable-injuries/

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