What Changes Have Been Made?

The new Australian Consumer Laws intend to simplify the law and reduce business compliance burdens by implementing a single unified national consumer law. This single consumer law will replace provisions in 20 national, state and territory laws which currently exist. What this means for businesses and consumers alike, is that wherever they go in Australia, they will be subject to the same obligations and rights.

It also creates a system wherein Australia’s consumer protection agencies now have consistent enforcement powers to protect the rights of consumers; and these rights, being uniform across the country, are now more easily understood by consumers. These new powers of protection which are being introduced include: new consumer guarantees, new moratoriums on false and misleading representations, a new system which bans unfair contract terms in standard form of consumer contracts, new mandatory reporting requirements, and a single national product safety system.

In addition, the terms “consumer” and “consumer goods” have been changed, along with rulings on lay-by sales, unsought consumer agreements and issuing of receipts and itemised bills. What’s remained largely unchanged however are: existing prohibitions averse to unscrupulous and misleading conduct, as well as false representations.

Consumer Guarantees and Remedies

In addition to the above mentioned changes, the new ACL also introduced a new comprehensive set of statutory consumer guarantees and trader obligations for various consumer goods and services. This aims to give consumers assurance that their rights are going to be protected. Those set of consumer guarantees emphasize the right of the consumers to undisturbed possession of goods and the right of the suppliers to sell the goods. This is as long as the said goods are free from any undisclosed securities, and are reasonably fit for the disclosed purpose.

These new laws also give consumers the benefit of statutory remedies that are available, only when a guarantee is not met due to “major failures” of goods. These major failures can be defined as occurrences when goods do not fit the purpose as disclosed to the supplier, and if the supply of services creates an unsafe situation. If these categorised major failures cannot be remedied, the consumer has the right to reject the goods by sending the supplier a notification; the supplier is then required by law to give a monetary refund or replacement the rejected goods.

Introduction of a National Product Safety System

Also, as mentioned earlier, the new Australian Consumer Laws establish a single national product safety system for Australia. This means that the Commonwealth will have the sole power to make any product safety guidelines as well as permanent safety bans. However, its states and territories will still be able to implement prohibitions but only on a short-term basis. This power can only be exercised if the minister is convinced that the questioned goods or services pose a risk of injury or danger to a consumer.

The Australian Competition and Consumer Commission (ACCC) have also been given new enforcement powers to ensure the protection of consumers. They can now issue substantiation notices that will require a person to present supporting documents to prove their product and services claims, issue infringement notices, as well as issue warnings to the public that are related to consumer protection.

Violating these updated provisions may result in a penalty of up to $.1.1 million for corporations and $220,000 for individuals.

This is a guest post by Melbourne-based law firm, Aitken Partners.

Common Mistakes

You have picked the wrong program or don’t know which one to apply to.

Make sure you understand what Social Security is and which program to choose. According to the Social Security Administration, Social Security pays benefits to people who cannot work because they have a medical condition that is expected to last at least one year or result in death. Social Security Disability Insurance (SSDI) is different from Social Security Insurance (SSI). SSDI is based on how long and how much an employee has contributed (in order to receive benefits) and SSI is available to those with little to no work history and/or limited financial resources. You may be eligible to one or both, but it’s important to make sure you are aware of what program you are applying to.

You have provided incorrect, outdated, or incomplete documentation of your disability.

Make sure that you provide the proper medical and financial documentation. Failure to provide required information can affect your chances of getting the correct Social Security Benefits. Social Security Administration requires that you provide the following documents, including but not limited to:

• The contact information of any doctors, caseworkers, hospitals and/or clinics that you visited,
• as well as the dates of your visits
• Any medications you take (including the dosage)
• Any of your medical records
• Laboratory and test results from any of your doctor visits
• Proper financial documentation (i.e. W-2 forms)

Remember, you must prove (with your medical documentation) that your disability has lasted or will last for at least 12 months.

Your application was denied and you did not appeal in time.

A denied application can be frustrating, but it is your right and responsibility to appeal your denied claim. The Social Security Administration gives you up to 60 days to appeal. If you don’t know how to file an appeal, contact Social Security as soon as you are able. Don’t wait too long or ignore the letter you received.

If you have been recently disabled by a medical condition, that has prevented you from working, you have rights and by federal law you are protected and are eligible for benefits. You don’t have to suffer the financial stress due to the lack of Social Security Disability benefits. Apply as soon as you are able and seek assistance to help you avoid serious, yet common, mistakes in the application process.

Article Contributed by Frank Jenkins Law Office.

Did You Give Consent?

You can give law enforcement permission to search your person or property. In this case, the police officer can search or seize anything that could be considered evidence. For example, if you agree to open your trunk at the request of a police officer, this search will be considered legal and within the rights of the police officer and yourself.

Finding Reason to Search

Again, police officers can’t make unreasonable searches. In many cases, they have to have a search warrant. In order to get a search warrant, they need probable cause. A search warrant is an order issued by the court that gives the police the right to search for evidence of a crime. They must provide a valid reason for the search, also known as probable cause. Whether or not you give the police permission, if they have a warrant, they can legally search your person and property, including anywhere in your home, car, personal items and electronic devices.

Blurring the Lines of Police Searches

Some laws allow police to search without a warrant or permission. If someone has been arrested for illegal goods, weapons or other criminal evidence, they can be searched, which includes electronic devices. They can also search homes and cars if there is cause to believe evidence can be destroyed before a warrant can be obtained. Again, there must be probable cause for a police officer to conduct this type of search.

New Changes to Electronic Device Searches

In recent years, laws that define the search of cell phones, GPS units and other electronics have become blurred. Courts often take a singular position on the limits of what a police officer can search on a device when someone is arrested. California’s highest court was the latest to make a ruling where the police are allowed to download text messages from a defendant’s cell phone. However, the Supreme Court ruled that police must have a search warrant before placing a GPS tracking device on a suspect’s vehicle if parked in a driveway.

Lawyers are another major resource when determining the hand of law and illegal searches. Lawyers provide protection and can argue against search warrants and probable cause, which helps to prevent unreasonable searches.

Article provided by attorney Shahin Zamir.

The definition of a deadly weapon

In legal terms, deadly weapons can be divided into two types. The first type, the “per se deadly weapon”, consists of weapons that are either designed primarily to cause physical harm or can easily be used for that purpose. Firearms of every kind and combat knives usually fall into this category.

The second type of deadly weapon includes any other object or tool that, when used in a particular way, can cause severe injury or death. Automobiles, canes, metal folding chairs, large planks of wood, pocketknives, and countless other items can be considered deadly weapons if they are used to maim or kill someone. Even the human body itself can be legally considered a deadly weapon if an attacker uses his hands, feet, or other body parts to assault a victim.

Why this distinction is important

Legally, the use of a per se deadly weapon in an assault automatically makes it an assault with a deadly weapon. If a non-life-threatening object or tool is used in the course of an assault, prosecutors must prove that the object was used in a way that significantly contributed to the victim’s injuries to justify an ADW charge.

Each state uses different standards to determine what constitutes a per se deadly weapon. In some states, for example, most types of knife are not defined as per se deadly weapons, while in others they are.

Penalties and Sentencing

Assault with a deadly weapon is always a felony charge. As a consequence, the penalties attached to an ADW are usually severe. A standard penalty is a stay in state prison, although the specific length of the sentence depends upon the state’s sentencing guidelines and the discretion of the judge. The court also typically has the power to impose fines upon a defendant convicted of ADW.

The severity of an ADW penalty usually depends upon the severity of the assault itself. Even the mere possibility of life-threatening injury in an attempted attack can be taken into account during sentencing. Generally speaking, repeat offenders or defendants who already have serious criminal records will receive longer sentences than will first-time offenders.

The defense attorney’s role in the sentencing procedure

The judge is usually allowed a large amount of discretion in sentencing for a conviction on a charge of ADW. He can take many individual factors into consideration, including the circumstances surrounding the crime, the difference in age between the defendant and the victim and the defendant’s previous criminal record.

At this stage, an attorney experienced in ADW cases should be able to argue for a lesser sentence by emphasizing facts that support the defendant’s position. Attorneys will often try to beat an ADW charge by instead arguing for a reduction to misdemeanor assault.

Assault with a deadly weapon is a serious charge, but it also comes with several complications that give the defendant a chance to argue for a lesser charge or an acquittal. A defendant who wants to beat a charge of ADW should find an attorney who has experience working on ADW cases and fully understands the relevant state laws and sentencing standards.

Article courtesy of attorney Rand Mintzer.

Reducing Their Charges

For many defendants, the best benefit of plea bargaining is that they have a chance of getting a lighter charge and/or sentence. While the outcome of a trial can be quite unpredictable, plea bargaining offers a certain degree of control to both the defense and the prosecution.

Plea bargaining is also a great option for people who are charged with socially offensive crimes such as rape or molestation. These charges can often be changed to assault in exchange for a plea of guilty. This is extremely beneficial in helping defendants keep socially stigmatizing offenses off of their records.

Saving Money and Time

Another reason why it is beneficial for defendants to enter into plea bargains is to save money. Trials can be quite lengthy and expensive, especially if the defendants have private attorneys. However, plea bargains help them avoid these costs by steering away from time-consuming trials.

Saving time is beneficial as well, especially for defendants who are celebrities or other well-known persons. Plea bargains help keep these people out of the spotlight. While the public may hear about their charges, the news will not last as long as it would had they gone to trial.

Being Released From Jail

In some cases, plea bargaining can help prisoners get out of jail. This is often true when defendants cannot afford their bail, are not eligible for bail, or cannot be released on their own recognizance. When prisoners choose this option, they can either reduce their sentence or get released on probation, and they may need to perform some community service.

Avoiding Felonies

When people have felonies on their record, it can be difficult to obtain housing, jobs, professional licenses and firearms. However, if they agree to a plea bargain, they may be able to reduce the number of charges they have, and they may even be able to reduce felonies to misdemeanors.

Other Benefits

There are many other benefits to plea bargaining such as reducing a DUI charge to reckless driving. Additionally, people who have felonies on their records cannot vote in many jurisdictions, and they are not viewed as worthy witnesses for court trials. However, plea bargaining can help people keep serious offenses off of their records and avoid all of these problems.

Article provided by criminal attorney James Alston.

Legal Traffic Stops

Before a police officer can utilize a drug sniffing canine, he or she first has to pull you over on a legal traffic stop. This means the police officer has to have a reasonable assurance that you have committed some kind of violation or crime, such as speeding or making an illegal turn.

Allowable Police Actions

There are restrictions on what the police can and cannot do during a routine traffic stop.

Once you have been pulled over for a traffic violation, the police are allowed to request or demand you provide them with your license, insurance documentation, and registration. You and any passengers can also be asked to exit the car for the duration of the traffic stop. An extremely limited search can be conducted without your express consent or reasonable suspicion, but only to find your car’s VIN number for the report.

Drug Sniffing Canines

A drug sniffing canine can be used during the traffic stop, as long as the dog is removed by the time the violation has been handled. The police officer who pulled you over cannot purposefully make the stop take longer than is necessary so the sniffing canine has more time to inspect the outside of the vehicle. The dog, like the human police officers, cannot go inside your car to sniff for drugs unless the police have reasonable suspicion that you have a controlled substance somewhere inside the vehicle.

Protecting Your Rights

Pay attention during your traffic stop. While it is important to know your rights, the knowledge of what is and is not allowed during a traffic stop with a sniffing canine means nothing if you aren’t alert and attentive to what the police are doing. Be polite and cooperative, but protect your right to only be searched or have your vehicle searched when there is evidence supporting the action.

The Supreme Court has ruled that drug sniffing canines are allowed to inspect cars during routine traffic stops. Know your rights while you are being pulled over to prevent police from gathering evidence with a sniffing canine that legally should not be used against you.

The above article was written by the Law Office of Brett A. Podolsky.

The Mesa Municipal Court currently has seven judges. The judges who currently preside over DUI offenses are J. Matias Tafoya, Robin Allen, Valerye Boyer-Wells, Michelle Lue Sang, Karl Eppich, Victor Ortiz, Elizabeth Arriola and Richard Garcia. These judges all have the power and discretion to completely dismiss the charges that one faces in a DUI case. A judge may also decide to decrease the ultimate penalties that a person faces for his or her DUI offense.

The Mesa Municipal Court is only open on Mondays through Thursdays. The hours of the court are 7:00 a.m. to 6:00 p.m. The court house is not open on holidays. When you are preparing for an appearance at court, it is important for you to dress in a modest and respectful fashion. Women should wear dress slacks, a blazer or a conservative dress. Men should wear a collared shirt and dress slacks. Judges will pay attention to one’s conduct through a hearing, so it is important not to be distracted by a cell phone or electronic device. One should not wear sunglasses or hats in the court room. Also, women should be conscious of the types of shoes that they wear into court. The best option for women is a low-heeled shoe with a closed toe. Wearing open-toe high heels can give the judge a negative impression at the outset of your DUI case.

To best prepare for your DUI case, you should simply get in touch with a DUI lawyer as soon as possible. The lawyer will instruct you about the court process, and he or she will also be responsible for filing all of the paperwork that the court requires for your case. The lawyer will also be updated on the most recent cases in your jurisdiction that could have a positive impact on your case. If the lawyer has a connection to a judge who hears DUI cases, then this will also be an added benefit for your case. The lawyer may have an easier time in negotiating the deal that you ultimately receive for your case. You may only have to complete some hours of community service for your DUI penalty.

How to Spot a Cyberstalker

Cyberstalkers usually find their victims online in chat rooms or on social networking sites. Many cyberstalkers use fictitious names and email addresses so they cannot be identified. A stalker may break into the victim’s accounts and obtain access to emails and usernames. Some stalkers even create a separate website specifically used to stalk and harass their victim, where they post information, comments and pictures intending to harm and embarrass.

Cyberstalkers may also post hurtful comments and start rumors on social networking sites. They sometimes post digitally manipulated or sexual photos of their victim. Stalkers may even send personal images to pornographic websites. Cyberstalking takes place of a long period of time and does not stop even when the victim ceases all contact.

Laws Protecting You

Laws against cyberstalking can vary depending on where you live. Many states have enacted specific laws protecting citizens against cyberbullying, cyber harassment and cyberstalking, or both. As of 2010, there is not yet a federal law against cyberstalking. However, the U.S. government does have laws that protects young children (16 and under) from electronic sexual harassment.

What You Can Do

If you are the victim of a cyberstalker, there are steps you need to take to protect yourself. Document and make copies of all contact. Shut down or change passwords on all accounts. Create new email accounts under fictitious names, so you cannot be tracked. Change your cell phone number and delete social networking accounts. Do not enter unprotected chat rooms and never give out your personal information over the Internet.

If the stalker knows where you live or work, you need to contact the police. Authorities may be able to track a stalker through his or her IP address. If you are not able to file any criminal charges or a restraining order, you may be able to file a civil suit against your stalker.

Cyberstalking can happen to anyone at any time. If you feel you are being cyberstalked, take actions immediately before the harassment gets worse. If you are in a situation that is out of your control, talk to your parents, teachers or the authorities immediately.

This article was brought to you by The Law Offices of Greg Tsioros.

Restricted and Closed Areas

An area which is open to the public during the day may be closed or restricted at night, such as a public park. While the public space is open to the public, you should have no problem legally taking photos or videos in a peaceful and nondestructive manner. Look for signs and other postings that indicate if and when the area you are working in closes to the public and remember that ignorance to the restricted hours is not a defense for being somewhere after you were meant to leave.

Also, a public area may be closed during normal open hours for a special event or other security concern. The police or other law enforcement can restrict your ability to take photos or videos in a normally public space. When this happens, signs and barricades will usually be put up to notify you of the temporary restriction.

Disorderly Conduct

The general legal definition of disorderly conduct can include the criminal act of disrupting the peace, public intoxication, boisterous threats or disruptions, and excessively loud gatherings. The laws regarding disorderly conduct in your area can have an impact on your ability to put together elaborate photo and video shoots. If the images you plan on capturing involve gathering a number of people in a public area or may cause a fair amount of noise, check in with any nearby residents and business owners. This will hopefully prevent people from calling the police, who can order you to stop filming and leave once they have responded.

Loitering

The police are extremely away of potential criminal activity among those who are loitering in public, especially in areas with reputations for crimes such as drug sales and prostitution. For this reason, a harmless personal photographer can be stopped and questioned by the police while hanging around in a public space waiting for the perfect lighting or moment to capture. Most of the time when you are stopped and questioned for loitering while taking photos and videos in public a simple and polite explanation can easily clear up the situation.

Laws regarding public videos and photos primarily affect when you can be in certain areas and how you are meant to behave. Courtesy and an awareness of your surroundings can prevent legal issues from interfering with your photography.

Article courtesy of Miller Law Group, PLLC.

Identifying Signs of Elderly Abuse

Most elderly Americans either refuse to report abuse, or deny abuse out of fear. Luckily, there are some warning signs that one can pay attention to, especially if abuse is a suspicion. The first and the most obvious sign of elderly abuse involve the appearance of physical marks on the senior’s body. Older people show their injuries easier than younger people. Bruises, bumps, scrapes and other marks are easily noticed on the elderly. Frequent and unexplained accidents that result in physical marks should be a cause for concern among family members and friends. Not all establishments that take care of the elderly offer trustworthy services. Furthermore, not all staff members that work in senior care centers are as kind hearted as they may portray themselves to be.

In addition to physical marks, there are other clear signs of abuse that people should notice. For example, changes in mood could be a result of physical or mental abuse inflicted by staff and other people who are in charge of taking care of senior citizens. Deteriorating health is another sign of abuse. However, it could also be a result of natural aging, which makes it difficult to determine whether or not abuse is taking place. A surprising sign of elderly abuse is financial abuse. People who have an elderly family member being taken care of by a hired caregiver should recognize these signs of abuse and take action right away.

First Step towards Fighting Against Elderly Abuse

The main reason why people send their elderly family member to a caregiver or a retirement home is so they can be taken care of and protected. The last thing people want to hear is that their family member is experiencing abuse from the place they expected to provide protection. If any signs of elderly abuse are discovered, family members are encouraged to hire an attorney right away. There is no place for abuse in any situation and the victim and his or her family may be awarded compensation to pay for damages. Furthermore, the elderly citizens are entitled to compensation for any type of abuse they experience while under another’s care. Family members may also be held liable for elderly abuse if they are the ones inflicting it.

Article contributed by the law firm of Fisher & Talwar, Professional Law Corporation.