Every day thousands of people show up for a job they hate. Is it because the work is knuckle-scrapingly hard? No. Is it because the job is mind numbingly boring? No. It is because every day someone at that place of work makes life miserable for that employee. It makes suffering through until days’ end almost unbearable. It rears its ugly head as discrimination, be it sexual, racial, ageism or religious. It’s a boss who sexually harasses an employee or someone who chronically tells lewd, unwelcome jokes in the workplace. It’s a fellow employee in the next cubicle who gossips, bullies, sabotages or belittles the accomplishments of his neighbor and the boss who allows such behavior.

What these people are experiencing is a Hostile Work Environment and the U.S. Government passed laws like Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act of1967, and The Americans with Disabilities Act of 1990 to prevent such things.

In America, we have the inalienable right to the pursuit of happiness. We have the right to work a job without being made to suffer to do it. While women have long found themselves the focus of unwanted or unwelcome attention such as this in the workplace, they are not alone suffering this kind of humiliation in Hostile Work Environments. But with the sexual revolution of the 60’s and 70’s, as more women found their way into the workplace, they were the first to bring the problem of Sexual Harassment and Hostile Work Environment to the attention of the courts. With the awareness in the last two decades of the ramifications of bullying and incidents that inspired phrases like ‘going postal’, it would seem that this kind of situation should be lessening in the workplace. But every day, it goes on. Every day, employees reach their limits. They are desperate to keep their jobs in a worsening economy and are forced to swallow their anger.

So what constitutes a Hostile Work Environment? The phrase covers a rather narrow term of definition, legally. Yet it defines a workplace situation where an employee cannot reasonably do his or her job because of rude or hostile or sexual behavior in the workplace specifically directed at a particular protected class of employee. Harassment can come either from a boss, supervisor or from another employee, or by the management’s failure to deal with such situations.

In other words, a boss who is generally hostile and rude to everyone may not constitute a Hostile Work Environment, but a boss who targets a specific person who belongs to one of these protected classes may, in fact, constitute a Hostile Work Environment. A boss who uses rudeness or hostility, or discrimination to force an employee to quit his or her job so that the company is not forced to pay unemployment insurance to that employee may constitute a Hostile Work Environment. A Hostile Work Environment Attorney can bring a lawsuit against management that either refuses or fails to take action against such behavior after the harassed employee goes to management for help. However, the victim’s behavior will also be taken into consideration in a lawsuit. If a victim responds with hostility of his or her own, that can nullify any lawsuit. And the harassment must be ongoing and severe.

Hostile Work Environment Attorneys say that the perpetrators in Hostile Work Environment cases count on intimidation and the desperation of these employees to keep their jobs to forestall any legal action. Some, unbelievably, cannot even conceive of this as harassment. Some 35% of all women surveyed in a 2007 study claim they have been subjected to harassment of some kind in the workplace. It’s estimated that only 5%-15% of all Hostile Work Environment cases are ever even reported. This might be partly due to the fact that management is already aware of the problems in the ranks and have chosen not to act. Whistle blowers are often the target of management’s wrath and the ostracization of that employee by others. So it seems like a vicious Catch 22.

Kenneth Wygand, a Los Angeles accountant, found himself the unwelcome target of Harassment by a boss who learned of Kenneth’s homosexuality. Kenneth became the brunt of office jokes and was intentionally left out of meetings. When he complained to a partner in the firm, he was assured that something would be done, but nothing was, and afterward, was characterized as ‘difficult.’ His supervisor continued to harangue Kenneth, pushing him to quit, rallying the other employees to ostracize him as well for fear of losing their own jobs. He was given terrible reviews and missed out on salary increases. But the boss simply defended his actions, saying that Kenneth was not performing up to standards. Out of desperation, Kenneth consulted a Hostile Work Environment Attorney and sued his former employer, and won a sizable case.

The fear of losing ones job is a powerful force. So many remain silent in the face of this destructive and debilitating behavior. But if the situation warrants, an experienced Hostile Work Environment Attorney can be your advocate where there is none in the workplace. If you feel you are a victim of a Hostile Work Environment, contact a Hostile Work Environment Attorney who specializes in workplace harassment issues who will help you get the compensation you deserve.

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I receive a lot of emails from wives who want advice on how to save their marriages and prevent divorce.  One of the more common requests is something like “Help! My husband wants to divorce me, but I don’t want to end the marriage. What can I do to change his mind?” Sometimes, the women who contact me just suspect that their husband wants out because he has been distant, acts like or says he doesn’t love them anymore, or the two have been fighting with more frequency.  Sometimes, the husband has actually said (sometimes repeatedly) that he flat out wants a divorce and is going to get one. Mainly, these wives are either looking for ways to buy some time before the husband actually files the paper work and / or they want to bring back the warmth, intimacy, and feelings of closeness that the marriage is missing.  This article will discuss some things that you should (and should not) do if you are trying to stop your husband from divorcing you or want to bring back the love and closeness in your marriage.

Don’t Do Things That Will Drive Him Further Away: It’s very important that you don’t let your worry and panic drive you to do things that would make the divorce more likely.  Many wives will try to “make” or “get” their husbands to change his mind.  They do this by nagging, or trying to make their husbands feel guilty, or by arguing and debating. 

Sometimes, they will take the opposite strategy and try to “nice” their husbands to death. They become what I like to call a “yes honey” wife.  Anything he wants has to be A – OK with you – because the power of the relationship has shifted.  Since he wants the divorce, he’s the one who’s calling all the shots and you’re just the one who’s going along for the ride.  But, how much is he really going to respect you if you act this way?  You can’t have a truly solid and reciprocal marriage if you’re not both on equal footing.

In short, neither of these tactics are successful for the long term health of your marriage. They will only make your husband feel more distant from you, really.  Just for a second, think honestly about how these things or tactics are really going to turn out.  Do you really think that, after you’ve been communicating to your husband why he is wrong, selfish, or mistaken, that he’s going to turn to you and say “You know what? You’re right.  I’ve just changed my mind.”  Of course he’s not. Instead, he’s going to tune you out and carry on just to prove you wrong. So, what should you do instead?

Tell Him He’s Right (Before You Think This Is Crazy Advice, Read On): When I say that you should agree with your husband or tell him that he’s right, I don’t mean that you should agree to a divorce.  I would never advice you to do that.  Always be clear that you love your husband very much and value your marriage above everything else.  But, your main goal in the beginning of this process should be to validate your husband’s feelings.  As your husband’s wife, doesn’t his happiness matter greatly to you?  Of course it does.  You need to communicate this to your husband.  You should look him right in the eye (and hold his hand if he will let you) and agree that you too have felt a troubling distance in the marriage and you agree that things are not as good as they should be between you.  Tell your husband that his happiness and the relationship between you is very important and that, no matter what, you want to preserve the good feelings between you and will be working on this from this moment forward.

If you play your cards right here, this conversation should help to ease some of the tension.  Your husband may not believe you at first but he will probably be very relieved that you’re going to tone down the debate, disagreements, mind changing tactics or fighting.  Hopefully, he will realize that he no longer has to avoid you or block you out.

Always Be Mindful Of The Woman And Wife You Are Presenting To Your Husband: One exercise that I find really helpful in encouraging your husband to change his mind about a divorce is that you actually step into your husband’s mind and line of sight. What I mean by this is that you look at yourself through his eyes.  Now, I know you may be thinking this is silly and pointless, but please bear with me. 

For one full day, I’d like you to see your actions, appearance, and attitude through your husband’s eyes.  And, don’t change how you act to skew the results.  Act how you typically would on any regular day. When I did this exercise, I was shocked at what I saw. I saw a tired, preoccupied woman who rolled her eyes and never touched her husband in an affectionate way FOR THE WHOLE ENTIRE DAY.  Rarely was there a smile on my face.  Never did I ask my husband about his day, his feelings, or his experiences.  Not once did I go out of my way to make things better for him, lighten his load, or even give him the encouraging smile, nod or sympathetic glance which I regularly offer to complete strangers. This was my husband here and I was treating him worse than strangers on a bus.

Yes, at this time there was a strain in my marriage and there were times when he wasn’t acting very kindly to me either, but if the truth is known, my marriage had been suffering neglect for a long time and the signs were there.  I was ignoring them and was responding with becoming a woman who I wouldn’t want to be married to either.

Two wrongs do not make a right.  Take the high ground and act like the kind, open hearted, loving women you know yourself to be - deep down – before this marriage disappointed you, before the distance happened, before any of this divorce business came to light.

Because, once upon a time, your husband loved you so much that he married you.  The woman he fell in love with is still there.  Look in the mirror and you’ll see her staring back at you.  Has the light and excitement in her eyes dulled or faded?  If so, getting her back is really up to you. Open your heart, clear your mind, and get moving!

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If you should pose the above-mentioned question to a bankruptcy law expert or attorney bankruptcy law professional, the answers might surprise you. Mostly those who have not been successful to fend off, stave or avoid bankruptcy, are looking for quick fixes. Once they realize that the blemish will be affecting their credit rating, ability to access financing, loans and other financial necessities like a check-book, savings account, bank loans, car loans, mortgages etc. they are more motivated than ever to turn a new leave, recover from this blemish in half the time, making every moment of bankruptcy recovery count, matter and making a difference, having positive impact.

Credit counseling services and debt consolidators all tote and advocate doing everything in your power to boost your credit rating, live some good habits, avoid errors and ills from before, returning to your spending and lending, financial administration, regardless of the personal bankruptcy, chapter 7 bankruptcy or business bankruptcy filing.

Bankruptcy attorney California practitioner shingles, business cards and adverts, online websites and even mega-sites, all tote and advocate very comprehensive bankruptcy services for those in desperate search of answers. Many focus on what to do every step of the way, planning, preparing, filing and even optimizing recovery strategies, phases and solutions.

Advice and input on and for home equity loan bankruptcy type instruments, remedies and hopes. Tips for securing a bankruptcy loan, filling out an application, amendment, appendices for the required bankruptcy form and documentation, for formally and legally filing bankruptcy, effectively starting the process (that could sometimes take as long as a year to wrap up) all get attention as does what to do and what not to do after filing, discharge etc. as the bankrupt regain their footing and try to claim and re-establish some freedoms, rights and privileges of lending, borrowing, access, rates etc.

Florida bankruptcy experts and markets have expanded in recent downturns in the real estate market, with increased in foreclosures. Many a Florida bankruptcy lawyer and even bankruptcy Los Angeles practitioners alike, are seeing more and more after bankruptcy challenges and recovery issues, with all this market-driven and sparked activity.

Securing a bankruptcy car loan or getting your hands on the required cash or choice, market-competitive after bankruptcy car loan rate, terms and stipulations, might prove a little more than challenging. It is hard to find those institutions willing to deal and do business with what most would consider to be a credit risk. Even something as standard as a car loan after bankruptcy, can prove to be almost impossible to get, unless you do some creative financing or are willing to pay higher rates.

The more you read this enticing title, (phrased purposely as a how to type question), invitation to the masses, suffering in the aftermath of their bankruptcy filing and recovery stages, the more you hope that there is really a way to actually do what it says!

Putting it into practice unearths numerous ways that this could be more like just a sounds-like-it-might-be-possible type teaser or hyped promise that no-one could really successfully live up to ore deliver on. Yet, there is some light at the end of the tunnel and some hope!

Bankruptcy recovery in half the time, sounds too good to be true, almost. Mockingly hollow, just empty words, not feasible, possible, realistic or legal (?). What are your thoughts? Do you think it possible? How would you go about it? Are there ways to do it effectively?

Well, it is fair to respond to this controversial statement and claim, depending on how you read and interpret it of course, with a lot of skepticism, questions and doubts. Take a closer look at what we are dealing with here, though. There are mandatory aspects of the process to take into consideration. Certain aspects of the process simply take as long as it takes. The credit reports will have this entry as part of the public records, as per law and court ruling for period of 7-10 years for example.

Recovery, how to RECOVER from bankruptcy – what do you understand that term to mean?

What is bankruptcy exactly ? What is the nature, different types of filings, implications and durations of each? How are they similar? How do they differ? How do you deal with each of them in order to facilitate and expedite the recovery phase and time-frame?

How long does it take normally or typically for credit consolidation, repair, bankruptcy recovery?

Half the time means what exactly? What is the typical recovery time frame for these types of filings (both Chapter 7 and Chapter 13, personal, business etc.)

What is your measure of creditworthiness and how can you improve it?

These are the real questions and eventually even answers that can be inferred and turned into a set of practical tips and how to’s. The secret here is to ask the right type of questions. Educate and empower yourself about how credit reporting systems work for example and how to make them count in your favor, despite a recorded bankruptcy filing entry.

Records of timely repayment will also reflect well on you – you can increase your credit score after bankruptcy – opening a checking and savings account at the local bank

Most will tell you 7-10 years that you will have to wait and live with the one mistake and aftermath of bad judgment, worsening debt/credit and declared bankruptcy on your credit reports and negatively impacted financial standing, reputation, with little or no recourse of action or retribution other than letting time pass and keeping your nose clean. That simply is not entirely the whole picture or the only truth, path and remedy.

The encouraging words from any knowledgeable bankruptcy attorney are that you can finally do something pro-active about improving your credit scores, if you will and want to.

Utilizing bankruptcy recovery and credit repair strategies that work, can save you precious time and standing, in record and no time flat! Taking the first step sooner rather than later, with immediacy and urgency is extremely important. It shows that you are proactive and serious about your finances and getting your credit back, despite for example having a chapter 7 or 13 bankruptcy on your record.

Bankruptcy does not have to be a doomsday, inevitability type death sentence. It all depends on what you understand that recovery to mean specifically. If you are trying to get your credit and standing back like what you had prior to your filing, yes, that will take time, effort and some creative doing. BUT, if you are working towards merely again getting approved for loans, having credit and credit cards at your disposal, despite declaring personal bankruptcy, then you are ready to do so quickly, even in under eight to ten months if you set your mind to it.

Negotiating for better interest rates and terms, even for non-filers of bankruptcy, can be quite possible, with a little know how, insider information, processes, protocol and maybe even some representation, where you cannot do it yourself.

Getting a strategy together quickly and in the works, to embrace life after bankruptcy for all its has to offer, is what the real key and secret is.

A bankruptcy lawyer can take you through some of the legal implications and issues pertaining to your filing, recovery, rights and freedoms. If you have failed before to avoid bankruptcy, it is not an unforgivable sin, disarming you from all responsible financial decision-making and fiscal transactions.

You can still get credit, buy a car, home, get a loan, despite what you might think and look at when faced with the realities and intricacies, dynamics and implications of the on-file declaration of bankruptcy (regardless of type, how long it has been etc.). THERE IS HOPE!

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Are you a caregiver or a personal attendant who works in a private household or home? As a household worker either as a caregiver or personal attendant, are you entitled to minimum wage? Over-time pay? Other benefits?

If hired directly by an individual or family, your benefits are different from one who is hired by a private firm or agency and governed by general employment laws: applicable federal and state statutes.

A live-in employee as opposed to a live-out employee is subject to special work rules discussed below.

A caregiver or “care custodian” is defined by Section 15610.17 of the California Welfare and Institutions Code as:

“… an administrator or an employee of…public or private facilities or agencies, or persons providing care or services for elders or dependent adults, including members of the support staff and maintenance staff.”

A “personal attendant” is not entitled to overtime compensation, unless: (1.) he or she is a live-in employee; or (2.) he or she does general household work (cleaning, cooking, feeding, dressing, or supervising) that exceeds 20% of the total work time; or (3.) he or she does nurse-like duties (checking pulse, taking temperature, giving medication) more than 20% of the total work time.

In these three instances, the household worker is no longer considered a “personal attendant” and is entitled to overtime pay. Otherwise, light house keeping and cooking chores qualify as work exempt from overtime compensation.

Personal Attendant As Defined In CA IWC Wage Order 15:

Section 2(J) of the California Industrial Welfare Commission (IWC) Wage Order No. 15-2001 defines “personal attendant” as follows:

“‘Personal attendant’ includes baby sitters and means any person employed by a private householder or by any third party employer recognized in the health care industry to work in a private household, to supervise, feed or dress a child or person who by reason of advanced age, physical disability, or mental deficiency needs supervision. The status of ‘personal attendant’ shall apply when no significant amount of work other than the foregoing is required.”

Indeed, the California Division of Labor Standards Enforcement (DLSE) has historically adopted the standard used in the federal regulations, 29 C.F.R. 552.6 on “companionship services,” to wit:

“…(T)he term ‘companionship services’ shall mean those services which provide fellowship, care, and protection for a person who, because of advanced age or physical or mental infirmity, cannot care for his or her own needs. Such services may include household work related to the care of the aged or infirm person such as meal preparation, bed making, washing of clothes, and other similar services. They may also include the performance of general household work: Provided, however, that such work is incidental, i.e., does not exceed 20 percent of the total weekly hours worked.”

Federal regulations, 29 C.F.R 552.6, supra, further clarifies that:

“The term ‘companionship services’ does not include services related to the care and protection of the aged or infirm that require and are performed by trained personnel, such as registered or practical nurse.”

Thus, the acceptable duties of a “personal attendant” involve activities of daily living such as getting in or out of bed, showering, bathing, using a toilet. A “personal attendant’s” duties of “supervising” would include assistance in obtaining medical care, preparing meals, shopping for personal items or groceries, using a telephone, even managing money.

As long as any general housekeeping duties performed do not exceed 20% of the weekly working time spent by a “personal attendant,” he or she is exempted from the protections of California Wage Order No. 15-2001 such as overtime compensation, etc., except for minimum wage. But prior to 2001, a classification as “personal attendant” also excluded minimum wage in California.

This overtime compensation exemption also applies to “personal attendants” as well as other household workers such as caregivers, spending 20% or less of their working time doing general household work, who are employed by an agency and sent to private households to work.

Benefits Of Household Workers:

A. Minimum Wage:

The state minimum wage covers all employees, including household workers (live-in employees, caregivers, and “personal attendants”) but excluding legitimate independent contractors. The current California minimum wage is $8.00 per hour since January 1, 2008, a 6.7% increase over the previous $7.50 minimum wage.

There are several factors that determine whether a person is an independent contractor or not. But the primary factor is control by the employer of the means, manner and outcome of the job. An independent contractor runs his or her own household services business, has his or her tools and materials, and controls the manner and outcome of the job.

Independent contractors are not covered by minimum wage and overtime compensation statutes.

B. Overtime Pay:

Household workers who are not live-in employees, as well as “personal attendants” who do general household work that exceeds 20% of their weekly working time, are entitled to overtime compensation, consisting of one and one half times their regular rate of pay for working more than eight (8) hours in a day, or more than (40) hours in a week.

Live-in employees must be paid one and one half times the regular rate for all hours worked over twelve (12) hours (instead of over eight (8) hours) in one work day for five (5) workdays. On the sixth and seventh day, live-in employees must be paid double the regular rate for all hours worked over (9) hours per day. See California IWC Wage Order No. 15-2001 3(A)-(B) (8 Cal Code Regs. 11150(3)(A)-(B)).

Under federal law, 29 U.S.C. 213(a)(15), “any employee employed on a casual basis in domestic service employment to provide babysitting services or any employee employed in domestic service employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves” is granted exemptions from minimum wage and overtime pay.

C. Other Benefits Of Household Workers:

1. Hours And Days Of Work:

A live-in employee is entitled to at least twelve (12) consecutive hours free of duty during each workday of twenty-four (24) hours, and the total span of hours for a day of work should not exceed twelve (12) hours, except that: (a) the employee must have at least three (3) hours free of duty during the 12 hours span of work; and (b) the employee required or permitted to work during scheduled off-duty hours or during the 12 consecutive off-duty hours must be paid one and one-half times the regular rate of pay for all such hours worked. See California IWC Wage Order No. 15-2001 3(A).

Moreover, no live-in employee shall be required to work more than five (5) days in any one workweek without a day off of not less than 24 consecutive hours except in an emergency. See California IWC Wage Order No. 15-2001 3(B).

2. Rest And Meal Periods:

Household workers are entitled to a ten-minute paid rest break for every four (4) hours of work under California IWC Wage Order No. 15-2001 12(A), and a thirty-minute meal period of every five (5) hours worked, just like others kinds of employees, under California IWC Wage Order No. 15-2001 11(A).

Otherwise, the employer shall pay the employee one (1) hour of pay at regular rate for each workday that the rest period, or the meal period is not provided. See California IWC Wage Order No. 15-2001 12(B), 11(D). But “personal attendants” are not granted rest and meal periods.

3. Meal And Housing Deductions From Wages:

The employer may subtract meal and housing credits from the employee’s paycheck if: (a) the employee actually uses the meals and is provided with housing; (b) meals and housing are used as salary to comply with the minimum wage; and (c) the employee executes a voluntary, written agreement, crediting meals and housing towards minimum wage.

Meal credit may be deducted as follows: breakfast – $2.45; lunch – $3.35, and dinner – $4.50. Housing may also be credited at $31.75 per week for a room ($26.20 if shared). See California IWC Wage Order No. 15 – 2001 10(C).

In summary, whether you are a caregiver or a “personal attendant” entitled to particular wages and benefits in California or in other states depends on whether the general household work you do exceeds 20% of your total work time.

(The Author, Roman P. Mosqueda, practices wage and hour law in California.

This article is not legal advice, and no attorney-client relationship is formed with the reader. For specific labor law issues, consult a competent attorney.)

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There are quite a lot of reasons why people check for someone else’s driver’s license records. One popular reason is employment. Another reason might be a private investigator doing a comprehensive background check.

Regardless of the reason, it is nearly impossible for you to get a person’s driver’s license records unless they provide you with a written permission. However, if you have a valid reason, such as checking someone’s driving records before you employ them, then you will need to fill out a request form called the Requester Release and Affidavit of Intended Use. There are specified criteria here that you should qualify for in order for you to request for the record.

If you meet the criteria, then you will need to fill it out and send it to your local Division of Motor Vehicles office. Here are some of the criteria that you should be able to qualify for in order for you to request for someone else’s driving records.

The first is that the record should be requested by a government agency, including law enforcement agency. Another is that is should be by an agency charged with motor or driver vehicle safety insurance.

It can also be obtained by a business which will use the information to verify the accuracy of the information submitted by certain individuals to prevent fraud.

These are the things that you should remember about checking someone’s driving records. As you can see, you first need to have a valid reason and you also have to qualify for the criteria stated on the Requester Release and Affidavit of Intended Use.

Now if you need to check driving records as part of a background check, there are other ways to do so. For example, if a person has been convicted of a driving related crime, such as driving under the influence (DUI) or reckless driving, the records may be part of the public court records and would easily be obtained in a public records search.

Public record searches can be done in a variety of ways. If you knew the county the person resided in or may have committed a driving related crime in, you could visit the courthouse and search records yourself. As you can tell, this could be a tedious process, but it should not cost you anything.

A more realistic approach is to conduct an online background check. There are a number of sites which will do this for you. All you need is some information, such as the full name, address and age of the individual. you can then run a background check on the individual. This will not tell you traffic crimes, like speeding or parking violations, but it will tell you the serious stuff.

You can also hire a private investigator. He or she can probably find out the detailed stuff as well as the traffic misdemeanors. This can cost you up to $200 or so depending on the difficulty level of the search.

If you just need to check your own driver’s license records to ensure accuracy, you are legally entitled to do so. You just need to visit your local DMV for instructions. It may cost you a minimal fee.

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Can you do a free arrest warrant check?

If you think that you might have an arrest warrant or you want to check to see if someone else has one then you can search free arrest warrants by asking at the courthouse where the warrant was issued. If you are enquiring about your own warrants then you should have no problem getting the information. If you want to check out someone else then you might have to justify the request. There is also a simple way to find out if someone has a warrant for arrest even when you don’t know where it was issued.

Why do you want to search for arrest warrants?

The ability to check to see if you have a warrant for arrest can be very useful. You can make sure that you don’t get any surprises in the middle of the night from police calling to arrest you. If you know about your warrants before it gets to that then you can get a lawyer and hand yourself in voluntarily. You will get on much better with the court than if the cops had to drag you there.

If you are thinking of getting married, or employing someone, then it’s a very good idea to check to see if the person you are dealing with has any arrest warrants before you do something you might regret later.

Some warrants are easier to find than others

It’s quite easy to do a free arrest warrant check on yourself if you know where the warrant might have been issued. It’s just a matter of checking the court where the warrant was issued either online if they allow it or by visiting the records office in person.

It’s not so easy to find arrest warrants if the warrants were issued somewhere else. This could happen if you have had your identity stolen or you are trying to check out someone before you get too involved with them. Not all arrest warrants are available free online and visiting all the courthouses in the country isn’t very practical.

free check for arrest warrants nationally

There is no easy way to search free arrest warrants nationally but if you are prepared to make a small investment you will find that it’s very easy to check if someone has arrest warrants no matter where they were issued or who it is you’re checking out.

You can search for arrest warrants on almost anyone, anywhere in the country in less than 10 minutes. You can do this by using an online service that specialises in collecting arrest warrant information together with all kinds of background information from thousands of different sources from all over the country. All this information then goes into a huge database waiting for you to access it online.

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While most individuals are less than keen on the idea of serving on jury duty, there are a limited number of viable excuses that actually allow them to get out of it. For that reason, it’s important for anyone who believes they might not be able to serve to review the list of viable excuses and make sure their excuse is listed. Otherwise, you may be required to present a specific case and reason for being excused to the court workers or even the judge.

Initially, if you do have a good reason to get out of jury duty, you can write to the court via the questionnaire and relate your reason for requesting an exemption. However, if you wait too long, you will be required to complete the call in process until you are selected to visit the courthouse, at which time you can present your reasons for being unable to serve in person.

The first reason an individual might try to get out of jury duty is if they are older than 70 years old. This is the simplest way to get out of jury duty as proof of age is all that’s required. Another common way is if you are responsible for the care of children or the elderly. Proving this is also relatively simple but might require further phone conversations. Regardless, if you have children and are called for jury duty, it is highly feasible that you can get out of it.

Additionally, members of the volunteer firefighter or ambulance crews are given leave to excuse themselves from jury duty. Already serving more than their fair civic duty, they are immediately excused.

If your role in a business is so vital that your absence could cause failure to the business, you are also exempt from jury duty. This often applies to those who own small businesses and cannot replace themselves in the workplace for as long as a trial might take. Other occupations that are exempt include attorneys, doctors, nurses and dentists. Each of these professions is a vital part of society and therefore excused from jury duty.

If you are physically incapable of reaching the courthouse, you are also exempt. Initially, this means that you do not have a car and cannot use the bus or other form of public transportation. However, it extends to include exemptions for disabilities as well.

Most excuses that require explanation must be made at the courthouse during the jury selection process. These include any excuses made on the behalf of family care or work responsibilities. You will need to report for the selection process and make your argument there.

Ultimately, it is unwise to openly ignore a jury duty summons. Because it is a demand from the court and not a request, it is your legal obligation to honor it or present an excuse that they accept for not honoring it. If you choose to ignore the summons, you could be subject to criminal prosecution.

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The Texas judgment lien is a powerful tool in the judgment collection process. Its power lies in its ability to attach your judgment debt to the debtor’s real property. But, there are limitations to that power.

It Only Attaches to Some Real Estate

A Texas judgment lien only attaches to real estate your debtor owns. It has no effect on the debtor’s personal property.

Now suppose your debtor does own a home in Texas. Your would, of course, assume that your lien attaches to that home. But, it doesn’t. Texas exempts your debtor’s personal residence from the power of a judgment lien. It’s called a “homestead exemption.”

Even though your lien doesn’t attach to the debtor’s homestead, it does create a cloud on the debtor’s title to his home. In other words, you can make it difficult for the debtor to sell his home because your lien creates a question of ownership.

Because of this “cloud” you must release the lien as to the homestead. You don’t have to do it until the debtor asks you to do so. But, if the debtor asks, you have to release it. If you don’t, the debtor can sue you for damages.

It Attaches to Later Acquired Real Estate

Your judgment lien isn’t limited to real estate the debtor owns on the date you create the it. It also applies to any non-homestead real property he acquires at any time after you obtain a judgment. So, if your judgment debtor buys a rent house after you create obtain a judgment, your lien does attach to that rent house.

It Attaches to Inherited Property

When a person dies in Texas, his property immediately becomes the property of his heirs. But, the property is first subject to payment of the debts of the deceased. This is true whether the person dies with or without a will.

If you have a judgment against one of the heirs, it immediately attaches to the inherited property. An executor of the deceased person’s estate can, however, sell the property free of your lien. But, he can only do so to pay debts of the deceased.

The Texas Judgment Lien is a powerful collection tool. But, it does have limitation. Being aware of both its power and its limitations will help you make the best use of this tool in your collection efforts.

Los Angeles Criminal Defense Consolidating College Loans

Introduction

When you are arrested, you are taken into custody. This means that you are not free to leave the scene. Without being arrested, you can be detained, however, or held for questioning for a short time if a police officer or other person believes you may be involved in a crime. For example, an officer may detain you if you are carrying a large box near a burglary site. You can also be detained by storekeepers if they suspect you have stolen something. Whether you are arrested or detained, you do not have to answer any questions except to give your name and address and show some identification if requested. The object of arrest and detention of the accessed person is primarily to secure his appearance at the trial and to ensure that in case he is found guilty he is available to receive the sentence. If his presence at the trial could be reasonable ensured otherwise than by his arrest and detention, it would be unjust and unfair to deprive the accused of his liberty during the pendency of the criminal proceedings against him. The provisions regarding the issue of summons or those relating to the arrest of the accessed person under a warrant or without a warrant or those relating to the release of the accessed at his trial but without unreasonable and unjustifiably interfering with his liberty. Thus this article is related with the provisions related with the release of a person on a bail.

In words of Krishna Iyer J. .. the subject of bail:-

” ….. belongs to the blurred area of criminal justice system and largely hinges on the hunch of the bench, otherwise called judicial discretion. The Code is cryptic on this topic and the Court prefers to be tacit, be the order custodial or not. And yet, the issue is one of liberty, justice, public safety and burden of public treasury all of which insist that a developed jurisprudence of bail is integral to a socially sensitised judicial process.”

Thus release on bail is crucial to the accused as the consequences of pre-trial detention are given. If release on bail is denied to the accessed it would mean that though he is presumed to be innocent till the guilt is proved beyond the reasonable doubt he would be subjected to the psychological and physical deprivation of jail life. The jail accessed loses his job and is prevented from contributing effectively to the preparation of his defense.

Therefore where there are no risks involved in the release of the arrested person it would be cruel and unjust, to deny him bail. The law bails ” has to dovetail two conflicting demands namely, on one hand, the requirements of the society for being shielded from the hazards of being exposed to the misadventures of a person alleged to have committed a crime; and on the other, the fundamental canon of criminal jurisprudence. The presumption of innocence of an accused till he is found guilty”.

In order to sub serve the above said objective, the Legislature in its wisdom has given precise directions for granting or granting bail.

Why Bail?

Before actually determining the place of bail within human rights framework as conferred by the Constitution, it is important to examine the object and meaning of bail, such that an analysis of these fundamental objects and change therein may reveal a change. The object detention of an accused person is primarily to secure her/his appearance at the time of trial and is available to receive sentence, in case found guilty. If his/her presence at the trial could be reasonably ensured other than by his arrest or detention, it would be unjust and unfair to deprive the accused of his liberty during pendency of criminal proceedings.

Thus it is important to note the relevant provisions enshrined in the Universal Declaration of Human Rights:-

Article 9- No one shall be subjected to arbitrary arrest, detention or exile.

Article 10- Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11(1)- Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense.

There are thus several reasons which have been enumerated as to why bail ought to be allowed to prevent pre-trial detention

MEANING OF BAIL

Bail, in law, means procurement of release from prison of a person awaiting trial or an appeal, by the deposit of security to ensure his submission at the required time to legal authority.

“Bail has been defined in the law lexicon as security for the appearance of the accused person on giving which he is released pending trial or investigation.”

According to Black’s Law Dictionary, what is contemplated by bail is to “procure the release of a person from legal custody, by undertaking that he/she shall appear at the time and place designated and submit him/herself to the jurisdiction and judgment of the court.”.

MEANING OF BAIL IN INDIA

According to Criminal Procedure Code, 1973 (Cr.P.C. hereinafter), does not define bail, although the terms bailable offense and non-bailable offense have been defined in section 2(a) Cr.P.C. as follows: ” Bailable offense means an offense which is shown as bailable in the First Schedule or which is made bailable by any other law for the time being enforce, and non-bailable offense means any other offense”. That schedule refers to all the offenses under the Indian Penal Code and puts them into bailable and on bailable categories. The analysis of the relevant provisions of the schedule would show that the basis of this categorization rests on diverse consideration. However, it can be generally stated that all serious offenses, i.e. offenses punishable with imprisonment for three years or more have seen considered as non bailable offenses. Further, Sections 436 to 450 set out the provisions for the grant of bail and bonds in criminal cases. The amount of security that is to be paid by the accused to secure his release has not been mentioned in the Cr.P.C. Thus, it is the discretion of the court to put a monetary cap on the bond.

Indian Courts however ,have greater discretion to grant or deny bail in the case of persons under criminal arrest, e.g., it is usually refused when the accused is charged with homicide.

It must be further noted that a person accused of a bailable offenses is arrested or detained without warrant he has a right to be released on bail. But if the offense is non-bailable that does not mean that the person accused of such offense shall not be released on bail: but here in such case bail is not a matter of right, but only a privilege to be granted at the discretion of the court.

Provisions under the Code of Criminal Procedure, 1973

The Code of Criminal Procedure, 1973, makes provisions for release of accused persons on bail. Section 436 of the Code provides for release on bail in cases of bailable offenses. Section 436 provides that when person not accused of a non-bailable offense is arrested or detained he can be detained as right to claim to be released on bail. The section covers all cases of person s accused of bailable of fences cases of persons though not accused of any offense but against whom security proceedings have been initiated under Chapter VIII of the Code and other cases of arrest and detention which are not in respect of any bailable offense.

This section entitles a person other than the accused of a non-bailable offense to be released on bail, it may be recalled that S. 50(2) makes it obligatory for a police officer arresting such a person without a warrant to inform him his right to be released on bail.

Section 436 (1) of the Code signifies that release on bail is a matter of right, or in other words, the officer-in-charge of a police station or any court does not have any discretion whatsoever to deny bail in such cases. The word ” appear in this sub- clause is wide enough to include voluntary appearance of the person accused of an offense even where no summons or warrant has been issued against him. There is nothing in S. 436 to exclude voluntary appearance or to suggest that the appearance of the accused must be in the obedience of a process issued by the court. The surrender and the physical presence of the accused with the submission to the jurisdiction and order of the court is judicial custody, and the accused may be granted bail and released from such custody.

The right to be released on bail under S. 436(1) cannot be nullified indirectly by fixing too high amount of bond or bail-bond to be furnish by the person seeking bail. Section 440(1) provides the amount of every bond executed under this chapter shall be fixed with due regard to the circumstances of the case, and shall not be excessive. Further S. 440(2) empowers the High Court or the Court of Sessions may direct that the bail required by a police officer or Magistrate be reduced.

Sub-section (2) of S. 436 makes a provision to effect that a person who absconds or has broken the condition of his bail bond when released on bail is a bailable case on a previous occasion, shall not as of right to be entitled to bail when brought before the court on any subsequent date even though the offense may be bailable.

In Maneka Gandhi v. Union of India [1978] 2 SCR 621

The amount of the bond should be determined having regard to these relevant factors and should not be fixed mechanically according to a schedule keyed to the nature of the charge. Otherwise, it would be difficult for the accused to secure his release even by executing a personal bond, it would be very harsh and oppressive if he is required to satisfy the court-and what is said in regard to the court must apply equally in relation to the police while granting bail-that he is solvent enough to pay the amount of the bond if he fails to appear at the trial and in consequence the bond is forfeited. The inquiry into the solvency of the accused can become a source of great harassment to him and often resulting denial of bail and deprivation of liberty and should not, therefore, be insisted upon as a condition of acceptance of the personal bond.

It also stated that there is a need to provide by an amendment of the penal law that if an accused willfully fails to appear incompliance with the promise contained in his personal bond, he shall be liable to penal action.

J. Per Bhagwati & Koshal, JJ. further observed that it is now high time that the State Government realized its responsibility to the people in the matter of administration of justice and set up more courts for the trial of cases.

In Moti Ram & Others. v. State of M.P [1978] 4 SCC 47

Urgent need for a clear and explicit provision in the Code of Criminal Procedure enabling the release, inappropriate cases, of an under trial prisoner on his bond without sureties and without any monetary obligation.

Criminal courts today, are extremely unsatisfactory and needs drastic change. In the first place it is virtually impossible to translate risk of non- appearance by the accused into precise monetary terms and even its basic premise that risk of financial loss is necessary to prevent the accused from fleeing is of doubtful validity. There are several considerations which deter an accused from running away from justice and risk of financial loss is only one of them and that too not a major one. In this case the court also pointed out the enlightened Bail Projects in the United States such as Manhattan Bail Project and D. C. Bail Project shows that even without monetary bail it has been possible to secure the presence of the accused at the trial in quite a large number of cases. The Court laid down following guidelines, that determine whether the accused has his roots in the community which would deter him from fleeing, the Court should take into account the following factors concerning the accused:

1. The length of his residence in the community,

2 His employment status, history and his financial condition,

3. His family ties and relationships,

4 His reputation, character and monetary condition,

5.His prior criminal record including any record or prior release on recognizance or on bail,

6. The identity of responsible members of the community who would vouch for his reliability. The nature of the offense charged and the apparent probability of conviction and the likely sentence in so far as these factors are relevant to the risk of non appearance, and
If the court is satisfied on a consideration of the relevant factors that the accused has his ties in the community and there is no substantial risk of non-appearance, the accused may, as far as possible, be released on his personal bond.

Of course, if facts are brought to the notice of the court which go to show that having regard to the condition and background of the accused his previous record and the nature and circumstances of the offense, there may be a substantial risk of his non-appearance at the trial, as for example, where the accused is a notorious bad character or confirmed criminal or the offense is serious (these examples are only by way of illustration), the court may not release the accused on his personal bond and may insist on bail with sureties. But in the majority of cases, considerations like family ties and relationship, roots in the community, employment status etc. may prevail with the court in releasing the accused on his personal bond and particularly in cases where the offense is not grave and the accused is poor or belongs to a weaker section of the community, release on personal bond could, as far as possible, be preferred. But even while releasing the accused on personal bond it is necessary to caution the court that the amount of the bond which it.

Section 436A . Maximum period for which an under trial prisoner can be detained -

The new provision Section 436Awas introduced in order to solve the problems of undertrials’ who were languishing in jails as they will now be given an opportunity to be set free instead of endlessly waiting for their trial to take place. This move has been made due to a faulty criminal justice system and provides a makeshift method of providing justice and relief to undertrial prisoners. This seems to suggest that the Legislature and the Government have accepted the existence of the faulty system and their inability to do anything about it. For this purpose section 436 A was inserted.

According to S. 436-A, a person who has undergone detention for a period extending upto half of the maximum period of imprisonment imposed for a particular offense, shall be released on her/his personal bond with or without sureties. The procedure provided is that the Court has to hear the Public Prosecutor and give its decision with reasons in writing. The Court may release the applicant, or if not satisfied may order for the continued detention of the applicant. However, no prisoner can be detained for a period longer than the maximum period of imprisonment provided. The exception to the section is that it is not applicable to offenders who have been sentenced to death.

Moving onto the (de)merits of the provisions itself, S. 436-A gives discretion to the Court to set the prisoner free or to make him/her continue imprisonment. There is no mention of any applications having to be filed under the section. The first part of the section states that any prisoner who has served more than half the term of his/her imprisonment ’shall’ be released. However, the proviso puts a restriction on the mandatory provision by giving discretionary powers to the courts. This raises questions regarding the implementation of the provision. There is every chance that a prisoner may be sent back to jail to serve a period longer than the half term of his/her sentence. Till the Judges give their written reasons for the same, one will not know on what grounds a continuation of the term can be ordered as the section does not provide any guidelines. Will the undertrial prisoner continue to serve term till the maximum period of the

Granting of Bail with conditions

Section 437 of the Code provides for release on bail in cases of non-bailable offenses. In such cases, bail is not a matter of right. Court has sufficient discretion to deny or to grant bail. First Schedule to the Code provides the list of bailable and non-bailable offenses. Further cases often arise under S. 437, where though the court regards the case as fit for the grant of bail, it regards imposition of certain conditions as necessary in the circumstances. To meet this need sub-section (3) of S. 437 provides:

When a person accused or suspected of the commission of an offense punishable with imprisonment which may extend to seven years or more or of an offense under Chapter VI, Chapter XVI or Chapter XVII of the Indian Penal Code (45 of 1860) or abatement of, or conspiracy or attempt to commit, any such offense, is released on bail under sub-section (1), the Court may impose any condition which the Court considers necessary: -

(a)In order to ensure that such person shall attend in accordance with the conditions of the bond executed under this Chapter, or

(b)In order to ensure that such person shall not commit an offence similar to the offence of which he is accused or of the commission of which he is suspected, or

(c)Otherwise in the interests of Justice.

It will be noticed that: -

1)The power to impose conditions has been given to the court and not to any police officer

2)The power to impose conditions can only be exercised -

i)Where the offence is punishable with the imprisonment which may extend to seven years or more or

ii)Where the offence is one under Chapter VI (Offences against the State), Chapter XVI (offences against the human body), or Chapter XVII (offences against the property) of I.P.C, or

iii)Where the offence is one of the abetment of or conspiracy to or attempt to commit any such offence as mentioned above in (i) and (ii).

CANCELLATION OF BAIL

According to S. 437(5) any court which has released a person on bail under (1) or sub sec (2) of S. 437 may if considers it necessary so to do, direct that such person be arrested and committed to custody.

The power to cancel bail has been given to the court and not to a police officer. Secondly, the court which granted the bail can alone cancel it. The bail granted by a police officer cannot be cancelled by the court of a magistrate. For cancellation of bail in such a situation, the powers of the High Court or Court of Session under S. 439 will have to invoked. Rejection of bail when bails applied for is one thing; cancellation of bail already granted is quite another. It is easier to reject a bail application in a non-bailable cases than to cancel a bail granted in such case. Cancellation of bail necessary involves the review of a decision already made and can large be permitted only if , by reason of supervening circumstances it would be no longer conducive to a fair trial to allow the accused to retain his freedom during the trial. However, bail granted illegal or improperly by a wrong arbitrary exercise of judicial discretion can be cancelled even if there is absence of supervening circumstances. If there is no material to prove that the accused abused his freedom court may not cancel the bail.

In Public Prosecutor v. George Williams1951 Mad 1042

The Madras High Court pointed out five cases where a person granted bail may have the bail cancelled and be recommitted to jail:

(a)Where the person on bail, during the period of the bail, commits the very same offence for which is being tried or has been convicted, and thereby proves his utter unfitness to be on bail;

(b)If he hampers the investigation as will be the case if he, when on bail; forcibly prevents the search of place under his control for the corpus delicti or other incriminating things;

(c)If he tampers with the evidence, as by intimidating the prosecution witness, interfering with scene of the offence in order to remove traces or proofs of crime, etc.

(d)If he runs away to a foreign country, or goes underground, or beyond the control of his sureties; and

(e)If he commits acts of violence, in revenge, against the police and the prosecution witnessed & those who have booked him or are trying to book him.

RIGHT TO BAIL AND ARTICLE 21′S RIGHT TO PERSONAL LIBERTY

The right to bail is concomitant of the accusatorial system, which favours a bail system that ordinarily enables a person to stay out of jail until a trial has found him/her guilty. In India, bail or release on personal recognizance is available as a right in bailable offences not punishable with death or life imprisonment and only to women and children in non-bailable offences punishable with death or life imprisonment. The right of police to oppose bail, the absence of legal aid for the poor and the right to speedy reduce to vanishing point the classification of offences into bailable and non-bailable and make the prolonged incarceration of the poor inevitable during the pendency of investigation by the police and trial by a court.

The fact that under trials formed 80 percent of Bihar’s prison population, their period of imprisonment ranging from a dew months to ten years; some cases wherein the period of imprisonment of the under trials exceeded the period of imprisonment prescribed for the offences they were charged with- these appalling outrages were brought before the Supreme Court in Hussainara Khatoon v. State of Bihar AIR 1979 SC 1360

Justice Bhagwati found that these unfortunate under trials languished in prisons not because they were guilty but because they were too poor to afford a bail. In Mantoo Majumdar v. State of Bihar AIR 1980 SC 846 the Apex Court once again upheld the under trials right to personal liberty and ordered the release of the petitioners on their own bond and without sureties as they had spent six years awaiting their trial, in prison. The court deplored the delay in police investigation and the mechanical operation of the remand process by the magistrates insensitive to the personal liberty of the under trials, remanded by them to prison. The Court deplored the delay in police investigation and the mechanical operation of the remand process by the magistrates insensitive to the personal liberty of under trials, and the magistrate failure to monitor the detention of the under trials remanded by them to prison.

The travails of illegal detainees languishing in prisons, who were uniformed, or too poor to avail of, their right bail under section 167 Cr.P.C. was further brought to light in letters written to Justice Bhagwati by the Hazaribagh Free Legal Aid Committee in Veena Sethi v. State of Bihar (1982) 2 SCC 583. The court recognized the inequitable operation of the law and condemned it- “The rule of law does not exist merely for those who have the means to fight for their rights and very often for perpetuation of status quo… but it exist also for the poor and the downtrodden… and it is solemn duty of the court to protect and uphold the basic human rights of the weaker section of the society. Thus having discussed various hardships of pre-trial detention caused, due to unaffordability of bail and unawareness of their right to bail, to under trials and as such violation of their right to personal liberty and speedy trial under Article 21 as well as the obligation of the court to ensure such right. It becomes imperative to discuss the right to bail and its nexus to the right of free legal aid to ensure the former under the Constitution- in order to sensitize the rule of law of bail to the demands of the majority of poor and to make human rights of the weaker sections a reality.

RIGHT TO BAIL AND RIGHT TO FREE LEGAL AID -:

ARTICLES 21 AND 22 READ WITH ARTICLE 39A

Article 21 of the Constitution is said to enshrine the most important human rights in criminal jurisprudence. The Supreme Court had for almost 27 years after the enactment of the Constitution taken the view that this Article merely embodied a facet of the Dicey on concept of the rule of law that no one can deprived of his life and personal liberty by the executive action unsupported by law. If there was a law which provided some sort of procedure, it was enough to deprive a person of his life and personal liberty.

In the Indian Constitution there is no specifically enumerated constitutional right to legal aid for an accused person. Article 22(1) does provide that no person who is arrested shall be denied the right to consult and to be defended by legal practitioner of his choice, but according to the interpretation placed on this provision by the Supreme Court Janardhan Reddy v. State of Hyderabad, AIR 1951 SC 227. in this provision does not carry with it the right to be provided the services of legal practitioners at state cost. Also Article 39-A introduced in 1976 enacts a mandate that the state shall provide free legal service by suitable legislations or schemes or any other way, to ensure that opportunities for justice are not denied to any citizen by reason of economic or other disabilities – this however remains a Directive Principle of State Policy which while laying down an obligation on the State does not lay down an obligation enforceable in Court of law and does not confer a constitutional right on the accused to secure free legal assistance.

However the Supreme Court filled up this constitutional gap through creative judicial interpretation of Article 21 following Maneka Gandhi’s case. The Supreme Court held in M.H. Hoskot v. State of Maharashtra a AIR 1978 SC 1548nd Hussainara Khatoon’s case that a procedure which does not make legal services available to an accused person who is too poor to afford a lawyer and who would, therefore go through the trial without legal assistance cannot be regarded as reasonable, fair and just. It is essential ingredient of reasonable, fair and just procedure guaranteed under Article 21 that a prisoner who is to seek his liberation through the court process should have legal services made available to him.

The right to free legal assistance is an essential element of any reasonable, fair and just procedure for a person accused of an offence and it must be held implicit in the guarantee of Article 21.

Thus the Supreme Court spelt out the right to legal aid in criminal proceeding within the language of Article 21 and held that this is….

“a constitutional right of every accused person who is unable to engage a lawyer and secure legal services on account of reasons such as poverty, indigence or incommunicado situation and the State is under a mandate to provide a lawyer to an accused person if the circumstances of the case and the needs of justice so require, provided of course the accused person does not object to the provision of such lawyer.”

Conclusion

It is indisputable that an unnecessarily prolonged detention in prison of under trials before being brought to trial is an affront to all civilized norms of human liberty and any meaningful concept of individual liberty which forms the bedrock of a civilized legal system must view with distress patently long periods of imprisonment before persons awaiting trial can receive the attention of the administration of justice. Thus the law of bails must continue to allow for sufficient discretion, in all cases, to prevent a miscarriage of justice and to give way to the humanization of criminal justice system and to sensitize the same to the needs of those who must otherwise be condemned to languish in prisons for no more fault other than their inability to pay for legal counsel to advise them on bail matters or to furnish the bail amount itself.

While concluding, it seems desirable to draw attention to the absence of an explicit provision in the Code of Criminal Procedure enabling the release, in appropriate cases, of an under trial prisoner on his bond without sureties and without any monetary obligation. There is urgent need for a clear provision. Undeniably, the thousands of under trial prisoners lodged in Indian prisons today include many who are unable to secure their release before trial because of their inability to produce sufficient financial guarantee for their appearance. Where that is the only reason for their continued incarceration, there may be good ground for complaining of invidious discrimination. The more so under a constitutional system which promises social equality and social justice to all of its citizens. The deprivation of liberty for the reason of financial poverty only is an incongruous element in a society aspiring to the achievement of these constitutional objectives. There are sufficient guarantees for appearance in the host of considerations to which reference has been made earlier and, it seems to me, our law-makers would take an important step-in defence of individual liberty if appropriate provision as made in the statute for non-financial releases.

BY SUDERSHANI RAY

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Marriage is arguably the biggest occasion in one’s life. Of course, Birth and Death are just as significant but in terms of the fuss generally taken by the individual, Marriage is the one, hands down. It’s a joyful occasion for such a heavenly union but alas, a great many of them would turn sour eventually, resulting in divorce. According to statistics, close to half of Americans who ever married got divorced subsequently.

Marriage records are public records. As such, anyone has the right to access and view anybody’s marriage records as long as procedures are followed. Public Marriage Records are readily available at their responsible government agency so there’s no reason now for people to be in the dark about their partner’s marital history.

Public Marriage Records fall under state jurisdiction. They are one of the vital public records along with Divorce, Birth and Death. Most states now have a central repository where official records and documents are archived. Marriage Records can be classified as Confidential in special cases but the bulk of them fall under public category. The standard information found in public marriage records typically include personal particulars of the couple, their parents’, witnesses’ and also the name of the officiant of the marriage ceremony. Some related records may also appear alongside the marriage records such as Divorce and Birth Records.

Although public marriage records have existed for a long time, it wasn’t until the advent of computerization and internet that they caught on. It is easy and convenient to access and retrieve public marriage records these days. What used to be a long and tedious process involving lawyers and investigators is now a breeze and mostly conducted in do-it-yourself (DIY) fashion too. Both the cost and time involved in gathering these records is down to only a fraction of what it used to take in the old days.

The two basic versions of public marriage records are the free-of-charge (FOC) and the fee-based records. FOC records tend to be raw and scattered. As such, they often require further work subsequent to the retrieval to be of any use. Fee-based public marriage records are recommended when the search is more purposeful, especially if they are to be produced for formal use. Competition in this industry is keen so prices are regulated to very reasonable levels in tandem. Unless you are the type who actually enjoys the grunt work of assembling reports from scratch public sources, a little financial outlay can go a long way for you if you look in the right places.

Los Angeles Personal Injury Attorney