Los Angeles Criminal Lawyers

Causes of Police Brutality

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Police officers are legally able to use force against individuals when provoked. In some cases, police use force when unprovoked or use excessive force when only moderate force is warranted. The use of excessive force can lead to severe injury and, in many cases, death. Death caused by police brutality is wrongful death and is punishable by law.

Police brutality can occur for several reasons, but the most common cause of excessive force results from the officer’s psychological state, or when the police officer’s perception of the situation affects how he or she reacts.

One such situation is when the officer feels disrespected. Some officers will act out against the disrespectful individual even though it is not the legal or moral thing to do. They may do this either to punish the individual for disrespecting them or to intimidate any other people present.

Another situation from which excessive force may arise is racial profiling. An officer who racially profiles individuals may overact to crimes committed by individuals of certain ethnicities or falsely accuse an individual of a crime because of his or her ethnicity. Both cases may count as brutality.

When police officers feel intimidated, they may preemptively strike an individual even if the officer was in no immediate danger. It may be harder to prove excessive force in this case because the officer may claim he or she felt threatened and had to act for his or her safety.

In each of these cases, the police officer committing the brutality may be doing so to assert his or her dominance since police officers are in a position of authority. Officers found guilty of this offense may face criminal charges. Families that lose loved ones due to police brutality may be entitled to monetary compensation for their loss.

No matter the reason a police officer used excessive force, the officer in question should be held accountable for his or her actions. Most of the time, police brutality cases are difficult and tricky. It is important to contact a lawyer that specializes in police brutality cases to help you properly build your case.

When the police are guilty of brutality, they should be held accountable for their actions. If someone you love died because a police officer used excessive force against him or her, contact the Pennsylvania police brutality attorneys at Lowenthal & Abrams, P.C. You may be entitled to compensation for your losses.

Sofa Set Minnesota Personal Injury Attorneys Propane

What is Intentional Tort?

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A tort is a violation of another person’s right to safety and integrity, which may be grounds for legal action taken by the victim. When a person is found guilty of such behavior, he or she may have to repay the victim for certain losses related to his or her injuries. Most of these cases involve behavior that was mere careless – still punishable, but not committed with any desire to harm the victim. Some, however, involve deliberate attempts to cause some form of pain or suffering.

Examples

Deliberate harm or threat of harm to another person can take many different forms. Some examples of actions that may be actionable include:

Assault and battery. Physical harming another person by an act of violence, or immediately threatening him or her with that act, can lead to both criminal and civil charges.

 False imprisonment. Holding another person in one area against his or her will for any reason is illegal, unless it meets the definition of a citizen’s arrest. The person committing this crime does not necessarily have to use physical force to achieve his or her goal.

 Conversion. Taking someone else’s property, or preventing him or her from lawfully using it, is also a criminal and civil offense.

 Misrepresentation or fraud. These acts involve knowingly spreading false information, or presenting unknown claims as facts. They can only be grounds for a claim if they directly result in some form of harm to another person.

These are only a few examples; basically, any deliberate action undergone to hurt another person, damage his or her reputation, or deprive him or her of her rightful property can be considered a tort.

The Standard of Evidence

If a person has been a victim of some deliberate attempt to harm him or her, he or she will need to meet a certain standard of evidence in court. Unlike a criminal case, civil cases are resolved based on a preponderance of the evidence, meaning the plaintiff must have more facts on his or her side than the defendant.

To be successful, the plaintiff must demonstrate all of the following:

The defendant committed some kind of physical act. Plans to commit an illegal act are not enough. However, making threats or publishing false information are considered physical acts.

The defendant acted deliberately. This can be difficult to prove, but it is very important to the case.

The defendant’s actions were the primary cause of physical or financial loss to the plaintiff.

If successful, the plaintiff can recoup losses such as medical bills, financial loss, and so on.

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Accidents Happen

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Encountering a disastrous vehicular accident that can cause upon the victim a life threatening personal injury or even an instant death is definitely not a joke. Expect that when a vehicle accident happened, the resulting personal injuries are severe. The most common cause of these vehicular accidents usually points out to the negligent action or inaction of another person, usually a reckless driver, a drunk driver or a driver taking prohibited drugs. Of course, we do not have any control over these drivers on the roads. What we can control is just our own driving. We can be careful and follow the speed limit set on a particular road, street or highway. By doing this, at least we are trying to lessen if not prevent the chances of us getting involve in a vehicular accident.

However, we may have been very careful while driving on the roads, streets or highways, there are still times wherein a vehicular accident involving us and another vehicle driver still occur. As they usually say “Accidents do really happen”. But if we come to think of it, we can say that accidents can be prevented. In fact, they are not inevitable. If we just exercise the required diligence in our dealings and affairs, particularly in our driving, we can say that these accidents can really be avoided.

Now is the time to make a difference. Let us not be careless. Let us serve us examples to other people in proving that vehicular accidents can be avoided. By being serious in this campaign, who knows? Maybe we can really prevent the happening of these unfortunate incidents. Let us also make a stand and spread our advocacy. We should create awareness about our fight and let us do our best to achieve this goal of ours because contrary to what others think that vehicle accidents are inevitable, we just believe otherwise.

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Duties and Obligations of Criminal Defense Lawyers and Attorneys

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The most famous lawyers and with whom term “lawyer” is associated by the people are criminal defense lawyers. They are often called on TV shows; discussion programs and during court hearing they are under the media eyes. But few people know the importance of a good professional criminal defense lawyer.

Representing a person who is accused of a crime, which can be a simple theft or a killing. Criminal lawyers and criminal attorneys make sure that their client gets a fair trial and relief from the charges. With their expertise they try to create arguments and defend the accused against all charges. By all legal means criminal defense lawyer tries to help their client against all the charges and accusations. This is a very difficult and laborious job, which they understand and perform professionally. Reviewing the case thoroughly with evidences and reporting, criminal defense lawyer targets the key points, prepares the case and proceeds in the court on those points.

There are different crimes in law like aggravated assault, arson, assault, burglary, fraud, robbery, killing and many other but there are two different classifications of crimes in law, a misdemeanor and felony. Felony is the more serious crime then misdemeanor. In felony, a person can get a sentence of more then a year and loss of rights for that jail time. He or she does not have right to vote, holding of licenses, run for public office, serve in jury and others according to the nature of crime. In misdemeanor, sentence is for less then a year. If the prosecutor and defense lawyer or criminal defense attorney reach a plea agreement, defendant appears in court and explain the facts of crime on which judge passes the negotiated sentence to the accused.

Difficulties faced by a Criminal Defense Lawyer

It is a very difficult and time taking procedure to defend any accused person. It takes weeks, a lot of money and brain storming to build a strong and favorable case. The other side lawyer, also use his or her resources to win the case. They also collect evidences and key points for conviction. The guide lines for a criminal defense lawyer and criminal attorney are very thorough and limited. So criminal defense lawyer has to handle the case in a way that he or she cannot ask the defendant about guild or innocence, but they have to produce the documents or evidences in the case which should be good enough for a success. Convincing the judge or a jury with his skills, experience, case followings, presentation, attitude, legal aspects, days and nights of work and effort because he or she is the last hope for the client against all accusations.

There are some points to notice on appearing in the court. Come on time and well dressed which makes a good impression on the audience and the judge. You only speak, when you are asked to. Keep the court room and judges decorum in contact and keep your self focused and calm. Let the lawyer do most of the talking and explanation. Usually your answers are told to you by your lawyer in advance.

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Living in The Gambia

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SUMMARY

I enjoy traveling around West Africa, especially around culturally rich regions blending nature with modern infrastructural developments. Both my air and road travels around this ECOWAS subregion in the last 15 years has been both instructive and enriching for me. I have been culturally immersed with diversity in languages, religion, culture, food, architecture, climate, economic life, flora and fauna.

The knowledge acquired, cannot be quantified in monetary terms, and i will recommend this educational tours to our youths to enable them appreciate and tolerate other cultures, thus reducing conflicts and disputes among neighboring countries. Somewhere else, i have written and held several seminars on working and living in Ghana about 11 years ago.

Today, the success story of Ghana is evident to all and this country Ghana, has emerged as one of the best economies in the subregion. Again, i am introducing another emerging great economy to you, The Gambia.

Before the whole world flood here, and you’ll be left out, why not take my advise seriously and invest, work, live or holiday in this beautiful country to experience what I’m talking about? I love this peaceful country blessed with hospitable people. Gambians welcome you with natural inspiring smiles. The Gambia is bounded round by an historical river, rich in natural resources of sea foods, animals and healing powers. Welcome to The Gambia, the smiling coast of West Africa.

From the natural beauty of Makasutu Village, historical sites of Kunta Kinteh village, James Island, Kachikally Crocodile pool, Kanilai Farm, and so many other sites to the beaches and people, you will hardly want to leave. Little wonder, there are so many repeat tourists coming to The Gambia for the past 10-15 years that I’ve met. They come from all over Europe, Americas, Asia and Africa. At the beach, the beauty of the Sea, the sand and sun will remind you of Mother Africa.

How about the investment climate, very favorable and investor friendly.With a stable economy with a single digit inflation rate and currency exchange of US$1.0= GMD26 (As at 9th April, 2010). The Gambia is a multicultural country with a lot of immigrants from West Africa, Europe, America, Middle East and Asia permanently living as investors, working with several NGOs, some retired investors while many others are engaged in importation businesses and owned several shopping malls.The Gambia is home to investors, volunteers, professionals pursuing their career, and holiday makers who has made this peaceful country their destination. Welcome to The Gambia, where there is no discrimination based on religion, creed, color, race, gender, social status, disability and with zero tolerance to corruption. Read on! Alsamadeh!

MARKET

The major markets are in Banjul, Serrekunda and Brikama. Here, you can shop for staple foods like fish, meat, vegetables, clothings, jeweleries and fashion accessories. The locals welcome people with natural smiles after exchanging the religious greetings: “Asalamalekun”, meaning, peace be unto you. Traditionally, Gambian women go to market daily to buy what to cook.They can be seen with the plastic baskets with holders thronging to the busy markets to shop for fresh fish, meat, vegetables and take time to greet each other asking after each others’ families, relations and get updated about current social events and other women gossips. Some of the elites, however, prefer to shop in shopping malls around Kairaba Avenue, and buy foods in large quantities to store at home.

Mini-markets, or what some call supermarkets are all over the Greater Banjul area competing with the traditional markets. There are also the neighborhood shops, called “Fulah Shops”, owned mostly by Mauritanian citizens and in some cases by Guineans. This is the place to get the locally made bread called, “Tapalapa”. This is usually a long banana shaped clay oven baked bread that is usually transported on bicycles by the suppliers early in the morning, mid-day and sunset time. I prefer buying this, when fresh, it’s soft and more appealing than the stale hardened and uninviting ones. A full one goes for D5 and the half is D2.50. The bread is usually sold with a nice spread of butter, mayonnaises, egg, potato and spiced with jumbo or Maggi sauce depending on the buyer’s preferences.

There is also “Senfu”, which has a crumb nature and much cheaper, being sold for D3 for a full roll. However, i noticed the “Senfu” is not as filling as the “Tapalapa” that can keep me going for the whole day, like a bowl of “Fufu”, which is the energiser for most Nigerians, Ghanaians and Sierra- Leoneans in The Gambia. The local “Fufu” unlike the ones found in Ghana and Nigeria are made from “Saddam Rice”, as it is called locally, by milling it into powder and cooked into a solid paste in a pot. The most popular lunch meal, among Gambians, is the jollof rice, locally referred to as ” Benechin”. Different types of stew are prepared to eat the rice meal like”Plasas”, “Super ganja”, “Damoda”,etc. I enjoy the Gambia breakfast meal of “Thura Girthe”, which is very rich in protein. This is a mixture of well pounded rice cooked with milled groundnut and eaten with a spread of yogurt “Sour Milk”.

Gambians eat together. Small groups of between 5-8 people are usually seen eating from the same bowl, and yet, when a visitor appears, he or she is beakoned to still join them and share out of it. This is the true love, i’m yet to see anywhere. If you think there is no free meal anywhere, you’re wrong; come to The Gambia! This explain the reason for very low or non-existent crime rate. At least, a lunch meal is guaranteed for anyone living in The Gambia. Food is shared, no one goes home hungry. The women also waste a lot of food by always preparing a lot expecting visitors to join them when serving their meals. They package the rice meals in large wide bowls with a cover and wrap it in a traditional manner with cloth, that will secure the food from spilling and carry to their husbands at their respective working places for them to eat with colleagues. Sometimes, they go travel long distances, to deliver the foods, like a family living in Lamin and the husband working in Serrekunda.

WORK HOURS

The official working hours is 8am- 4pm from Monday to Thursday. Friday is half day. Most of Gambians are Muslims, and they go for the Friday Special prayers in the afternoon. Although, the “African time” concept is still prevalent among the people, this is common with the government workers, the private sector is better. Most serious business appointments start from 9am, even though, they are scheduled for 8am.

The major reason sometimes for arriving at work late, can be as a result of unavailability of commercial vehicles to transport workers to their respective places of work. Even, at places of work, Gambians do not forget to take their Chinese herbal tea called ” Atire”.

GAME OF FOOTBALL

A first time visitor, to The Gambia will think the game of football has it’s origin from here, because of the love and passion attached to this game. There are quite a number of playgrounds that are never kept idle because of the teeming youths that religiously train and play daily matches, especially in the evenings after work or school. Similarly, on weekends, first thing in the morning, you will notice everyone exercising or playing the game they love most; football.

The discussions of most of these youths that constitute half of the country’s population is centered on the European matches. Teams like Manchester United, Chelsea, Manchester City, Arsenal, Barcelona, Real Madrid, AC Milan and other big teams have passionate fans in The Gambia.

There are many Football Viewing centers that are making a fortune showing the live matches to most Gambian. Although, some of these youths might not know the capital of Nigeria, they often tell me it’s Lagos, but they certainly know all the European Club Managers, first line ups and transfers of these key players, not to talk about the latest scores in the premiership or championship.

The Gambia’s national team, called the “Scorpion” is adored and you dare not say anything bad against this team in order not to incur the wrath of my football lovers. A loss in game when “Scorpions” play, will turn the entire country into a grave yard, “a mourning period”. But with a win; the Brazilian samba dancers will envy the dance steps of both the young boys and girls singing: “ho, ho ho ho, ha,ha,ha,ha..haleyomii”. Therefore, to make friends with Gambians is so easy, just pick up a football topic!

BEACHES

The climatic conditions of The Gambia is slightly different from other ECOWAS countries. There is only one cycle of rainfall which starts around June and ends around October. It is usually hot during the raining periods, unlike other countries that experience cold periods.

The Hamattan period starts from November to February. However, the weather experiences erratic changes sometimes. The beaches are clean and provide succor to visiting tourists that want to experience the beauty of the sun, the sea and the sand of The Gambia.

There are several beaches to visit. From Banjul beach to Palma Rima, Senegambia and up to Sanyang. There are so many private beaches along this line. Most white tourists called “Toubabs” are usually welcome at these beaches that have attractive traditional bars with natural juice, canned drinks, barbecue and special packages for visitors.

The menace of “bumsters” have been curtailed and there are tourist police patrolling most of the busy beaches to deter the “unsolicited friends”. The beaches are besieged by almost all Gambians during festive periods or during major musical concerts or shows.

FESTIVE PERIODS

A visitor arriving The Gambia around Easter or Christmas will think all Gambians are Christians, with the celebration and partying. Similarly, around the Muslim festivals of “Koriteh or Tobaski” will give one the impression that there is no single Christian in town.

This is the beauty and diversity of the Gambian hospitality and tolerance of other religions in The Gambia. The people enjoy good music. The local artists are adored, some of whom are Jalibah Kuyateh, Titi Kololi, Freakie Joe, Asan Njie, Olugander and Sambou to mention a few.

The women, both young and old, enjoy dancing. The very physical dances of jumping and kicking the air is common and i often wonder where the women get the extra energy and strength from. Some young men that are not used to these dances, dare not challenge these women in a dancing competition, if they do not want to be hospitalized.

The entertainment industry is therefore very vibrant. Most people relax by watching Nigerian, Senegalese and Ghanaian home videos. There are several video rental shops to pick the latest Nigerian films from. Most of the banks and hotels show foreign channels like DSTV, CNN, AlJAZEERA, EUROSPORT etc.

PAID WORK IN THE GAMBIA

Except for ECOWAS nationals, that are allowed to work freely in some key government sectors like Education and Judiciary, other nationals are only allowed to work as expatriate and have to go through a scrutiny and get approval from the immigration department, before they can be permitted to work with the government.

However, investors are allowed to bring in their work force, provided they abide by the immigration laws of obtaining a work/residential permit. Openings exist all year round for qualified teachers in Senior secondary schools all over the country.

Most of the vacancies are usually filled by Nigerians, Ghanaians, Senegalese, Sierra-Leoneans, Liberians and a handful of other ECOWAS nationals. Openings also exist for lecturers in University of The Gambia, several professional training institutes and other tertiary institutes like Management Development Institute (MDI), Gambia College and Gambia Technical Training Institute (G.T.T.I).

Although, the private institutes remuneration is higher than the government pay scale. Most of the secondary schools in the provinces are in need of teachers, most teachers rather prefer to transfer to the urban cities leaving the rural villages without qualified teaching force.

Government subsidized schools remuneration package for non-Gambian teachers are between D3,500-D4,000 per shift (Morning or afternoon) depending on the entry level experience and qualification. The private schools pay between D4,500-D10,000, depending on the school and experience of the teacher.

Most schools prefer teachers that have gathered “Gambian experience”, meaning, they must have taught in The Gambia for some years to understand the system. Combining both shifts means more income. Most government schools prefer to pay full salary for the morning shift and half salary for the afternoon shift. There are other several opportunities of income earning, by organizing study classes for the students after close of school by some teachers. Most teachers often change school to those paying more, and every term witnesses a mass drift of teachers around.

The coveted schools are: Marina International, SBEC, Zenith, SOS, Scanaid and West African International. Linguistics and sciences are the preferred subjects often in high demand. English language, English Literature, Mathematics, Further Maths, Physics, Chemistry, Biology, Agric Science, Applied Electricity etc, are “hot cake” subjects for most schools.

ECOWAS qualified teachers (M.Sc, B.Sc & HND holders in the subjects listed above) are usually being employed in secondary schools in The Gambia.

Other professionals needed to work in the private sectors are:

1. Lawyers with LL.b degree that have successfully completed Law school and called to Bar to work as

Magistrates/Judges with the Ministry of Justice.

2. Professional Graphic & Website Designers.

3. Professional Advertisers.

4. Desktop & Laptop Repair Technicians.

5. Automobile Technicians.

6. Theater Arts & Dramatic artists.

7. Film Directors & Producers.

8. Professional Actors & Actresses.

9. Radio & T.V Programme Presenters.

10. Fish Breeding & Farming

11. Aquarium Making & Gold Fish Rearing.

12. Leadership Development Trainers.

13. Trainers in unique skills & vocations.

14. Cottage Industry set-up trainers ( Body creams, soaps, cartons, shoe polish etc.)

The financial industry has witnessed a phenomenal growth with addition of more banks joining the league recently, bringing the total number of banks to fourteen in The Gambia. Most of these Nigerian banks are opening up branches and will need more staff.

Although, it is far cheaper to hire the locals than expatriate by the banks, because of the special tax paid for not hiring Gambians. The same rule applies to the Hotel and Tourism industry. The Non Governmental Organizations, NGOs are allowed to bring in their personnel.

Volunteers are also welcome in The Gambia. Volunteers can have a cultural immersion and gain international experience in this peaceful country. For holiday makers, i will recommend visiting this small but unique country for those in search of a Peaceful, Affordable and Memorable African Retreat (PAMAR!)

INVESTMENT OPPORTUNITIES

1. ECOWAS CITIZENS

The government welcome investment in all sectors, special attention is, however, given to Agriculture because of the importance of food security to any nation. Other sectors like Real Estate & Properties, Mining Industry, Hotel & Tourism, Health, Education, Manufacturing and Agro- allied Sectors are key areas to go into and get government incentive, in tax relief and total support.

ECOWAS citizens enjoy free movement of persons and goods within the 16 countries block, the required capital needed to re-locate to the Gambia to work, live, invest or holiday is far less than what is required to settle down in other ECOWAS countries. With the electricity tariffs coming down (thanks to the government initiative), NAWEC, the electricity company is doing her best to guarantee stable supply of electricity and many businesses solely rely on this stable electricity supply.

Incidences of armed robbery attack are very rare. I have not noticed or witness or hear about armed robbery attacks in the last six years. I only read in one of the newspapers, one or two times, about such attacks in the provinces some few years ago. People move about without fear of molestation or attack. Petty mobile phone theft are usually common.

The residential houses are affordable, and rents of one to three months advance payments, are demanded. The people are warm and hospitable. For as little as D500 per month, a room can be rented around the busy areas like Brikama, Latrikunda, Lamin,Tabokoto, Wellingara and Coastal road areas.

The 2-bed room apartments with all the conveniences goes for between D1,500-D2,500 per month in these areas depending on the finished taste and proximity to the busy highways. ECOWAS citizens can enter and settle in the country with opportunities to start small businesses.

For these wise residents in the country, there are several businesses to choose from and do effortlessly in this investment friendly country. Anyone coming to The Gambia for the first time, must first of all plan and prepare, knowing what to do and where to stay and having adequate information about the culture and business climate.

2. WORLDWIDE INVESTORS ( MEDIUM/ LARGE SCALE BUSINESSES)

The specific areas, wise investors, can rush into to invest presently, from our detailed research findings are:

A) Setting up a private University with residential campus to attract all ECOWAS citizens.

B) Eateries like MacDonald’s, Chicken George, Mr. Briggs, Sweet Sensation, Tantalizers, TFC, etc

C) Botanical Garden/ Love Garden around the Tourist areas.

D) Building low Cost Homes to be sold or rented out to people.

E) Ground nut processing factory.

F) Feed Mill for Poultry, Rabbitry and Turkey Production.

G) Cashew Processing Factory (CNS Oil, brake oil, glue, rubber,electrical wires etc).

H) Natural Juice canning factory ( Fruits like mangoes, orange, lime etc abound).

I) Fresh Flower production and export.

J) Fish Canning/ Food packaging for export.

There are other 90 businesses we have surveyed to be potential instant money earners for wise investors to take on. Kindly request for a detailed project profile on this. The Gambia Investment Promotion and Free Zones Agency, (GIPFZA) welcome investors with unique offers of tax relief, government support and non-bureaucratic processing of necessary documents to allow for quick set-up and investment in The Gambia.

To have a fair idea of the business climate, i recommend that all potential investors read the latest business directory (The Gambia Business Directory).

INFRASTRUCTURAL DEVELOPMENT & BUSINESS ENVIRONMENT

The Gambia, though small, but has a robust economy with fourteen commercial banks, four GSM companies, a good number of airlines plying the subregion and the outside world. There are more than five daily newspapers, around eight radio stations and many hotels of international standards including the 5-star Sheraton Hotel.

The major roads from the airport to most busy commercial centers like Kairaba, Brufut, West Field, Senegambia, Brikama, Latrikunda and Banjul are all tarred with well lighted street lights. Clean, fresh and treated pipe borne water is available to most homes 24hrs uninterrupted.

Communication and internet services are quite cheaper than most other countries. The cost of starting a business in The Gambia is far cheaper both in the short term and long term. The real estate business is enjoying a great boom with 30% return yearly on investments, and the Meltdown phenomenon is not easily noticeable in The Gambia.

The Gambia is a tourist destination and repeated visitors are common in this wonderful and peace loving smiling coast of The Gambia. Although, The Gambia is a tax based economy, the government makes substantial earnings from Tourism and exportation of agricultural commodities like Groundnut, Fishes, Cotton and solid minerals.

It is mandatory for every resident to have a TIN number(Tax Identification Number) before a bank account can be opened. New buildings are coming up daily and it is common sight,to see most of the property owners advertising their phone contacts for those interested in renting or leasing these properties from high rise buildings in Senegambia axis, Kairaba, Fajara, West Field, Tallinding, Tabokoto, Abuko, Lamin, Yundum etc.

Gambians in diaspora are rushing home to invest in this high yielding property sector. A visitor that last visited the country a year ago, will notice a remarkable difference in this infrastructural developments. The Gambia is a clean country, especially with the introduction of the monthly cleaning exercises, called “SETSETAL”, which is a special cleaning day for everybody on the last Saturday of the month between the hours of 8-1pm and thereafter there is free movement.

Municipal officials go around to ensure the wastes are properly disposed and ensure compliance to the law, that all shops and businesses most be closed and no movement of commercial vehicles, until the end of the cleaning exercise.

Health wise, it is safe to live in The Gambia, because the health delivery system is very efficient and well equipped with the best medical personnel in The world. There are various health centers, well spread around the country with ambulances standing by to quickly evacuate emergencies to Royal Victoria Teaching Hospital, RVTH, Banjul where complicated cases are usually taken.

Visitors coming for the first time, therefore, are advised to take the appropriate vaccinations recommended. ECOWAS citizens must take vaccinations against yellow fever, meningitis, Polio etc and ensure these are stamped on their Yellow Card, this is even taken more seriously, when traveling by road through Benin, Togo, Ghana, Burkina Faso, Mali and Senegal to The Gambia. Not having a valid Yellow Card could cost you a fortune in fines you’ll be asked to Pay!

Medical services is free to Gambians, except the registration card which is D5 only. ECOWAS citizens are, however, required to pay for cost of treatment and hospitalization, depending on the treatment. Tourist visiting The Gambia are advised to have a Travel Insurance when visiting

Transportation within the country is affordable. Moving from one location to another is quite easy. There are three categories of commercial road transportation. One, is the commercial Bus, that only allow maximum of three passengers on a row which is convenient, unlike four on a row in several other countries. This type of buses go around the major destinations like Banjul to Serrekunda (D6), Banjul to Tabokoto (D10), Banjul to Brikama (D15), Serrekunda to Senegambia (D5) etc.

The second category is the yellow and green painted taxis that take people for D5 a drop or chartered services for most tourists and locals, called “Town Trip”. The last category, are the green painted and branded “Tourist Taxis” for tourists from and to the airport, hotel areas, most beaches and historical sites for new visitors. They are more expensive than the yellow painted ones.

Except when it is very important, first time visitors are, however, encouraged to avoid going out around the rush hours, like 7-8am and 4-6pm, especially when commuters are going to or returning from work. From Tabokoto, Lamin, West field, Serrekunda and Brikama in the morning to Banjul and returning back home in the evening is always very hectic and expensive to take a taxi. The bus-stops are usually congested and the traffic chaotic around these periods.

There are many well organized tour operators with luxurious air conditioned buses to pick from and to the airport all visitors and tourist that arrange their visits through them. They also partner with most hotels on tours to historical sites and around the cities.

There area ferry services available to transport people across the River Gambia. From Barra to Banjul is D25 only. Visitors can come in to the country either by land through The Gambian border with Senegal at Hamdallah, or from Guinea and Cassamace, Senegal through Basse. By air is through the only airport at Yundum. The Banjul International Airport, one of the best in the subregion with the longest run-way and modern radial facilities installed.

The airport is not always busy and travelers should always inform someone to pick them at the airport, especially during the weekends when commercial activities are low. However, tourist taxis are available at any time for between D500-D800 depending on the distance, usually between 15-30km from the airport.

There is a Bureau de Change at the airport to change money from other currencies like Euro, dollars, pounds and CFA to Dalaisi. For Visa Card carriers, there is ECO Bank ATM at the airport. Bank PHB and Trust bank also have their ATMs at the airport.

On arrival in the country, when you hear “Nagadef?”, meaning how are you, just answer “Jamarek”, meaning i’m fine. After a hand shake, say “Jerejef”, meaning thank you.

Jerejef, Jarama, Baraka (meaning thank you in 3 different local languages).

College Consolidation Radio Wine

How to Prepare For Your Immigrant Interview Or Hearing

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No matter how much preparation is made for the interview for the Form I-130 relative petition and/or Form I-485 adjustment applicant, if the spouses are not living together, discrepancies in their answers to the same detailed questions would belie the existence of good faith marriage that is required to obtain lawful permanent resident status.

A trained and experienced U.S. Citizenship and Immigration Services (USCIS) District Adjudication Officer (DAO) can frame and ask questions separately of the U.S. citizen petitioner and of the alien beneficiary to determine whether good faith marriage and shared life exist. Documents of shared life, photographs of the spouses before, during, and after the wedding, even joint income tax return(s) may not be sufficient. They can be easily produced, even as the spouses are not actually living together.

The interviewing Immigration Officer has to be convinced that the spouses got married because they love each other, and are living together as husband and wife. No more, no less. How do trained, experienced District Adjudication Officers or Assistant District Counsels of the Department of Homeland Security make this determination? By your answers to their questions during the interview or cross-examination in the Immigration Court.

Categories Of Common Questions Asked And Intensity of Questioning By DAOs:

This Author has personally attended the interviews and hearings of thousands of clients with the legacy INS and the USCIS and the Immigration Courts. The common questions asked by DAOs and Assistant District Counsels can be categorized as follows:

(1) questions before the wedding;

(2) questions on the wedding;

(3) questions after the wedding;

(4) questions on living together;

(5) questions on work;

(6) questions on the family of each spouse;

(7) questions on special occasions;

(8) questions on personal possessions.

If the alien beneficiary is not in removal (previously called deportation) proceedings, the Form I-130 Petition and the Form I-485 adjustment (green card) application are filed concurrently and adjudicated (decided) together by the assigned DAO. And if at the time of the interview, the marriage is less than two (2) years old, the grant of the Form I-130 petition and the Form I-485 application would result in Conditional Residence (CR) for the alien for two (2) years.

Within ninety-days (90) of the second anniversary of the grant of the CR, the spouses should jointly file Form I-751, Removal of Conditions on Residency, or unilaterally if separated, divorced, or widowed. There is a second interview for the Form I-751 application.

Thus, the questioning is not as intense, if the marriage is less than two (2) years. Similarly, the questioning is not as intense, if the alien is not in removal proceedings. The questioning is most intense, if the alien got married after he or she had been placed in removal proceedings by service of a Notice To Appear (NTA) before an Immigration Judge. Clear and convincing evidence, not mere fifty-one percent (51%) of the preponderance of the evidence, is required for adjustment in case of marriage during removal proceedings.

Questions On Facts And Events Before The Wedding:

In this category, the common questions asked are as follows:

(1) When and where did you first meet?;

(2) If a common friend introduced you to each other, what is his or her full name?;

(3) On what occasion were you introduced, and who were present on that occasion?;

(4) When and where was your first date?;

(5) How many dates did you have before you proposed?;

(6) When and where did you propose?;

(7) When and where did you meet each others parents and members of the family?;

(8) What are their names and approximate ages, occupations?;

(9) What gifts did you give each other before the wedding?;

(10) When and where did you ask the parents of your bride permission to marry her?;

(11) Did you have a wedding planner?;

(12) If so, give her full name, address, and how much he or she charged both of you for his or her services?; and

(13) When and where did you live together before the wedding?

Questions On And After The Wedding And Honeymoon:

In these categories, the common questions asked are as follows:

(1) When and where were you married?;

(2) Who married you?;

(3) Who are the persons who attended the wedding?;

(4) Were photographs taken during the wedding?;

(5) Where is your photo album?;

(6) Where was the wedding reception?;

(7) Who attended the wedding reception?;

(8) How much did you pay for the wedding ceremony?; for the wedding reception?;

(9) Where and when was your honeymoon?;

(10) How much did you spend for your honeymoon?;

(11) Where did you get the money for your wedding?; for your honeymoon?;

(12) What activities did you do during your honeymoon?;

(13) Where did each of you work at the time of the wedding?;

(14) What was the name and telephone number of your supervisor?; and (5) What was your job description and salary during your wedding?

Questions On Facts And Events On Living Together:

In this category, the common questions asked are as follows:

(1) Look at me (DAO) in my eyes, and can you say that you married your spouse for love, and not for a green card?; or for money you were paid?;

(2) Where did you live right after your wedding?;

(3) Where do you live now?;

(4) If you are renting, give the name and phone number of your landlord?;

(5) How much is your monthly rent?; Who pays for it?;

(6) If it is an apartment, how many bedrooms are there?;

(7) If you are renting a room in a house, who are the other tenants?;

(8) What is your telephone number at home?; your cell phone number?;

(9) Are you renting a furnished apartment?;

(10) Describe the furniture in your apartment?;

(11) If you furnished it, where did you buy the bed?; for how much?; how was it delivered?; who paid for it?;

(12) What part of the bed do you sleep?; what part of the bed your spouse sleeps?;

(13) What do you wear for sleeping?; what does your spouse wear for sleeping?;

(14) Do you cook?;

(15) What did you cook last night?; what is your favorite food?; what is your spouse’s favorite food?;

(16) Describe the color of the tile in your bathroom?;

(17) What is the make and length of your TV in your bedroom?;

(18) How do you pay your rent?; utilities?;

(19) What kind of credit cards do you have?; your spouse has?;

(20) Did you file joint income tax returns?;

(21) Do you have joint bank account(s)?; where?; how much is the current balance?; and

(22) What is the distinguishing feature of your rented house?; apartment building?

Questions On Work And The Family Of Each Spouse:

In these categories, the common questions asked are as follows:

(1) Where do you currently work?;

(2) Give full name and telephone number of your supervisor?;

(3) What are your job duties?;

(4) How much salary do you currently make?;

(5) Do you have benefits at work such as medical/dental insurance?;

(6) What are your work hours?;

(7) How do you get to work?;

(8) Where does your spouse currently work?;

(9) What is the full name and telephone of his or her supervisor;

(10) What kind of work does your spouse do? How much salary does he or she makes?;

(11) When did your alien spouse start to work?;

(12) Who are the parents of your spouse?; where do they live?;

(13) When was the last time both of you visited your in-laws?;

(14) How old are your in-laws?;

(15) If your in-laws are working, what do they do?;

(15) Who are the brothers and sisters of your spouse?;

(16) If your in-laws did not attend your wedding, what was their reason for not attending?

Questions On Special Occasions And Personal Possessions:

In these last two (2) categories, the common questions asked are as follows:

(1) What did you do during the last birthday of your spouse?;

(2) What gift did you give him or her for his or her birthday?;

(3) What did you do for your last wedding anniversary?;

(4) What gift did you give to your spouse during your last anniversary?; (

5) What did you do last Valentine’s Day?;

(6) What gift did you give each other?;

(7) What did you do last New Year’s Eve?;

(8) What did you do last Christmas?;

(9) What Christmas gift did you give your spouse?;

(10) Does your spouse own a vehicle?; what is its make and year?; what is its color?;

(11) Are you in the insurance policy of your spouse’s car as an authorized driver?

(12) Do you own a car?;

(13) Does your spouse drive your car?;

(14) Is your spouse in the insurance policy of your car?;

(15) Does your spouse have life insurance?;

(16) Who is the beneficiary in your spouse’s life insurance policy?;

(17) What is your spouse’s favorite jewelry that he or she wears more often than others?

Ultimately, the truth usually comes out after intense interrogation: good faith marriage or marriage fraud, punishable as a federal felony with imprisonment for up to five (5) years and $250,000.00 fine under INA Section 275(c).

***

(The Author, Roman P. Mosqueda, has practiced immigration law for over twenty (20) years.)

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US K1 Visa in the Philippines – Application Process

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US citizens who plan to bring their Filipino fiancé/fiancée to the USA with the intention of getting married within 90 days from the date of arrival, a K1 fiancée visa must be applied for. The K1 visa for fiancé/fiancée is a non-immigrant visa that will allow the holder to immigrate in the US, marry the American citizen, and adjust status to become a permanent resident once the marriage is legally registered. The visa holder is also allowed to seek employment once the adjustment of status application is approved. Moreover, should K1 visa applicant wishes to bring his/her child/children (if any) to the US, a K2 visa (K3 visa derivative) can be applied for provided that the child is unmarried and below 21 years old.

Generally, the petitioner (American) and the beneficiary (Filipino) must have met each other in person within the past two years of relationship. The intention to marry each other once in the US must be proven unfeigned by providing supporting documents as evidence of relationship (e.g. photos together, email/chat correspondence, plane tickets, receipts of money transfers, phone bills and etc).

To apply for a K1 Visa for Filipino fiancé/fiancée, the petitioner must first file the I-129F petition at the United States Citizenship & Immigration Services (USCIS) service centers. There are two of them in the US located at Vermont and California. Although K1 visa is considered as non-immigrant, the same civil and financial documents required in applying for an immigrant visa must be complied, due to the reason that the K1 visa will permit the holder to migrate in the country.

Once the USCIS petition gets approved, it will be forwarded to the National Visa Center (NVC) for processing. The NVC will later send the case to the Consular Section of the US Embassy in Manila where the beneficiary will apply for the K1 visa for fiancé/fiancée.

To complete the K1 visa application, the beneficiary must proceed to the US Embassy in Manila Philippines, particularly its consular section, for further advise regarding additional requirements and documentation. Instructions provided by the embassy must be followed carefully such as forms needed to be completed, to where the medical examination must be taken and the interview schedule.

In answering interview questions, be honest and consistent. The result of the K1 Visa Philippines application is often given on the same day the interview is conducted, should the officer be convinced that the intention and purpose of travel to the US is genuine. This is when the consular officer decides whether the applicant will be allowed to travel to the United States or not.

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How to Obtain a Pardon For DUI

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If you’ve been convicted of driving under the influence of alcohol or another controlled substance, it may be possible to obtain a pardon for DUI. The purpose of a pardon is to restore all rights and privileges that were lost as a result of a felony conviction, though it will not automatically restore any certificate or license that was lost as a result of the conviction. If your driver’s license was permanently revoked as a result of a DUI conviction, for example, you’ll have to reapply for a license upon receiving a pardon.

Application Process

The type of application you will need to use to obtain a pardon depends on the laws of your jurisdiction. Some factors that may affect your ability to obtain a pardon for DUI include whether the conviction was a misdemeanor or felony conviction, and whether you can provide evidence to the court of your rehabilitation. That is, you must show the court that you are not likely to commit the offense again. This can be far more difficult if you’ve had multiple DUI convictions.

Felony Cases

In general, a pardon is reserved for felony cases. If your DUI conviction resulted in serious damage to life or property, seeking an executive pardon directly from the governor of the state where you served your sentence may be necessary. There are two routes for obtaining a pardon for DUI. These are a Certificate of Rehabilitation, or a direct pardon application.

Evidence of Rehabilitation

In most jurisdictions, people with felony convictions who have shown evidence of significant rehabilitation can go before the court to request this certificate. If the trial court (usually a state superior court) issues the certificate, it will recommend that the governor pardon the offense. Ultimately, the decision rests with the governor.

Expungement of DUI Convictions

Before seeking to obtain a pardon for DUI, you may want to explore the possibility of expungement, which not only restores rights and privileges but actually removes a DUI conviction from your public criminal record. This is important for future employability and a variety of other reasons. Expunging a criminal record means erases the criminal conviction, as though it never happened.

Effects of Expungement

Depending on the laws of a particular jurisdiction, obtaining a pardon can also be the first step toward expunging a criminal record. However, for jurisdictions with liberal expungement laws, it may be best to explore this option first. After a criminal record is expunged, it can only be used in certain limited circumstances, such as applying for certain kinds of public or government offices or jobs, or to determine sentencing guidelines for future offenses.

Requirements for Expungement

Requirements for expunging a DUI conviction also vary from one jurisdiction to the next, but in general, you must meet certain conditions. First, a certain amount of time must have passed from the conviction; most often this is a 5-year time period. Second, many jurisdictions will only consider expunging a criminal record with only a single conviction. This may vary, and may also depend on whether the crimes were prosecuted as juvenile or adult offenses. Finally, felonies punishable by life imprisonment cannot be expunged from a criminal record.

Why Pursue a Pardon for DUI?

Even if it’s been a long time since your DUI conviction, and even if it seems completely irrelevant to a particular job or other type of application, employers, landlords, finance companies, and others might still be unwilling to hire you, rent to you, or do business with you based on an old DUI conviction. If a few years have passed and you know that you will not re-offend, it is worthwhile to consider obtaining a pardon for DUI or expungement of your criminal record.

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Personal Injury Slip and Fall Settlements

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Slip and fall accidents cause personal injury when somebody falls down on another’s property that is in a dangerous situation. Risky conditions that can cause trouble are snow, poor lighting, unexpected slits in floors or blocks on the ground. Personal injury slip and fall settlements can claim compensation for medical costs, pain and suffering as well as economic troubles.

Personal injury slip and fall settlements normally have scope outside the court. One can initially talk with the property owner regarding hazardous conditions that caused the injury. They can try to meet the sufferings of the injured one at a cost acceptable by both parties. Settlements to cover lost income due to the incapability to work and property damages are very supportive for the victim. Doctor’s visits, hospitalization and rehabilitation therapy are quite costly. Personal injury slip and fall settlements also reimburse medical bills. Records of injuries and other economic and non economic expenses are needed to claim a settlement.

One can pursue a claim against public or private property that causes personal injury due to negligence. If the property owner does not agree with the conditions, the help of expert attorneys handling personal injury slip and fall settlements becomes crucial. They assist in filing suits and claims, evaluate the damages and try to get maximum compensation. The service of a competent attorney protects the rights of victims injured by the ignorance of others.

Submit details about the personal injury if you have personal insurance policies that allow for medical claims. If the landowner has an insurance policy, the victim has the right to claim for compensation from that particular policy as well. Reviewing similar cases is useful in claiming adequate compensation. It gives an overall idea regarding procedures and the amount of compensation allocated for various personal injury slip and fall settlements.

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National Defense Authorization Act – What You Need to Know

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Controversial to a fault, this bill was near unanimously approved by the US Senate, but what is the National Defense Authorization Act really all about? On the face of it, it is designed as a law to combat, prevent and discourage domestic terrorism by granting US special forces the authority to detain, interrogate, assassinate or incarcerate American citizens and legal alien residents without charges, prosecution or conviction, effectively circumventing the sixth amendment of the US constitution – the right to due process and a fair trial.

What it Really Does?

Put in a nutshell, it gives the military power to declare any American an enemy combatant, even while in US soil. Those who are deemed to be a national security threat for America can be placed under immediate military custody without a trial or charges. Critics of the new bill call it a “throw them into jail free card”, civil rights advocates call it the end of the Bill of Rights, conservatives see it as the ultimate example of government overreach and foreign news outlets call it the beginning of an American authoritarian police state.

The truth, however, is that it only expands slightly on the powers the military already had under the Patriot Act. Many of the senators that voted for this bill have pointed out that this is nothing new in the post-9/11 America. In fact, many arrests of suspected domestic terrorists have already been made in this way in US soil, while others have had surveillance equipment monitoring their every move.

What Americans Can Expect of NDAA

Will the American public see a sudden influx of military personnel in full special forces operation gear down the street, or military gear and equipment enthusiasts should worry about being taken by a soldier wearing night vision goggles? Not likely.

As mentioned previously, this bill does very little beyond what the Patriot Act already allowed. While some may worry about special forces swooping down in tactical gear to cart every Occupy protester to Guantanamo, the chances of that actually happening are low to nil.

The Bottom Line

While the law does have definitive constitutional problems and the criticisms to it are very valid points indeed, the reality is that the nightmare scenarios of an American dictatorship are heavily exaggerated.

The second amendment, the right to bear arms, is there for that very reason. Many Americans own weapons of all kinds, from knives and swords to firearms and explosives – a luxury the citizens of true autocratic regimes do not have. That alone is reason enough to doubt the US government would risk a civil war against a well-armed public. Of course, there is also the precedent of the Patriot Act itself – another bill that people swore would lead America down the road to a dictatorship and, as we can see today, it didn’t.

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