California Inmates Receive Reduced Sentences?

Proposition 47

California passed Proposition 47 during this past’s November’s elections. The proposition changes certain offenses from felonies to misdemeanors. This affects cases in the future, those that have yet to be decided, and in some instances cases from the past.

According to the California Department of Corrections and Rehabilitation, up to 7,000 prisoners can apply for their sentences to be reduced or be re-sentenced.proposition 47

The types of offenses that are included in Proposition 47 are (these are dependent on prior convictions and those with violent, sex and serious offenses will not be considered under Proposition 47):

  • Shoplifting – unless the stolen property is worth more than $950.
  • Forgery – unless the amount forged is more than $950. Identity theft is not included in this and will still be considered a misdemeanor.
  • Passing checks with insufficient funds – unless the value of the check is more than $950.
  • All types of theft – unless the property stolen is more than $950.
  • Receiving stolen property – unless the received stolen property is over $950.
  • Petty theft with a prior – this is dependent on the types of prior convictions though.
  • Possession of drugs – including cocaine, heroin and methamphetamine.
  • Possession of concentrated cannabis.

The driving force behind Proposition 47 is to prevent prisons from filling up with people who are serving for non-violent crimes. This could save money and allow those funds to be redirected to programs that prevent crime.

Those most affected are those who have been charged with offenses on or after November 5th, 2014. This includes those who have charges pending and/or are waiting for sentencing as of November 5th, 2014.

For those wanting to learn more about re-sentencing, reference Penal Code § 1107. 18.

For those interested in learning more about Proposition 47, the affects of the proposition, and more details on who and what the proposition directly affects, click here.

Article Provided by Fisher & Associates P.C.

 

 

Why Seek Legal Help After a Car Accident?

Car Accidents Happen Every Day, So What?

All sorts of car accidents happen every day. The injuries to the driver and passengers in the car being smashed can range from a scratch to very serious. Imagine you are sitting at a stop sign or a red light when suddenly you hear a crash and your car leaps forward. You have been rear ended.

Being completely unprepared, you are shaken and frightened. Typically this kind of injury involves whiplash.The impact yanks the drivers neck and damages his or her spinal column. In a small car, rear seat passengers are most likely to be severely injured or killed. Additional trauma to the driver and riders are possibly knee and ankle injury, and carpal tunnel. From traumatic brain damage and burns to head, ear damage, even hearing loss, occur from the air bag. You need a car accident attorney, one who specializes in rear end accidents.

Who is at Fault?jeep and corvette car crash

The law usually considers that the driver who caused the accident by striking the car in front of him is at fault. Determining who was negligent is extremely important to the rear ended injured party. In some states (Indiana, Florida and California are three), the injured party can sue the person they believe is culpable. The driver who caused the casualty and/or his insurance company is responsible for the damages. Property damage, (the vehicle) requires a rental until that part of the suit is settled. Medical expenses, including an ambulance and monetary pain and suffering are all part of the disaster reformation.

The injured party may attempt to deal with the insurance company to receive compensation. There are few instances that the law does not consider the person rear ending another vehicle at fault. If, however you have been involved in such an accident and are unable to reach a settlement, you need to call a car accident attorney to represent you. You deserve to be made whole, a term meaning recovering damages and payment of all the bills associated with the wreck. Most attorney consultations are 100% free.

The following is a true story of a rear end accident victim:

A woman in Florida was rear ended at a stoplight. That thrust her into the vehicle in front of her. As a result, she was severely injured. The man was attempting to light a cigarette when he struck her. The van he was driving belonged to his employer. He was ticketed for careless driving.
The problem lies with the owners limited coverage on the van. The injured party has had several surgeries and is facing more. She asks how will she be able to recover the money she is due, plus her future needs caused by this accident. It is possible she will sue the company owning the van and the man driving it.
She must hire an accident attorney who will investigate the details, the companies insurance and if the company can afford to compensate her without the insurance. This must be the next step in her journey to restoration. It is sad and heart rending to think what she is facing. She does not have to face it alone though, when she locates a competent accident attorney.

Colorado Dog Bite Law

Contacting an injury attorney is a recommended option for people who have suffered a dog bite through no fault of their own and when the dog in question belongs to someone else. Dog owners are responsible for having their canines properly trained and socialized to be used to being around different people. Failure to do so often results in dogs that bite, and this situation gives a bite victim grounds for legal action.

Emotional Distress

A personal injury attorney can successfully argue the case that dog owners should be financially responsible for medical costs for a dog bite victim. Depending on local laws, some dog bite victims may be eligible for “emotional distress” compensation settlements. This type of settlement also depends on the situation in which the dog bite occurred and the extent of the injury. Some state also have “no fault” laws, which can have an effect on the outcome of a dog bite injury claim. These jurisdictions consider dog bite injury claims on a case by case basis, so it’s also important for plaintiffs to keep copies of all evidence that the incident indeed took place.

Some of the best chances of winning a dog bite injury case come from obtaining thorough records, including copies of the dog’s medical history and obedience school records. Owners who never bothered to send their dogs to obedience school can strengthen a plaintiff’s case. Victims who never provoked an untrained dog often want to press charges against the owner, but they’re advised to consult an attorney first.

Colorado Dog Bite Lawdog attacking man

Various states also have different laws in place for dog owners whose animals have histories of biting others. One example is a Colorado law in place to protect future victims of dog bites. If a dog bites someone even once, owners in this state are required to inform the dog’s veterinarian, groomer and others that the animal may be dangerous and prone to biting others. This law is in place to help reduce the number of dog bite personal injury cases in the courts.

According to numbers available from the Centers for Disease control, about 4.5 million people incur dog bite injuries each year. Small children are especially susceptible to serious injuries from a dog attack. These kinds of cases of more serious dog bites inflicted on children tend to have higher success rates of monetary settlements being paid out in court.

No Faultdog bites kid in face

In states with “no fault” laws regarding dog bites, the dog owner is held liable if the courts determine the owner kept the dog even after she or he found out the dog may bite other people. With the determination, the dog owner is held responsible for the bite victim’s medical treatment, any time off from work and sometimes emotional distress. In other states without these “no fault” laws, hiring a personal injury lawyer with experience in dog bite cases is vital. In any type of jurisdiction, a knowledgeable personal injury attorney can get clients fair compensation for being the victim of a dog bite.

Cleint Testimonials

I am writing to say thank you for coming to my rescue. Words could never express my gratitude to you and your staff…” read more

Fisher & Associates’ professionalism and integrity put me at ease during a very difficult time…” read more

I would not hesitate to Call Fisher & Associates…they are friendly, caring, and very much trusted…” read more

Paul Fisher Selected for Super Lawyers Rising Stars in 2014!

Paul Fisher has been selected for Colorado Super Lawyers 2014 Rising Stars.

Denver-Post-Top Injury attorney

Only 2.5% of Colorado’s attorneys are selected for the prestigious peer-reviewed Super Lawyer award. To be selected, attorneys are screened on 12 different indicators of peer recognition and professional achievement:

  • verdicts and settlements
  • transactions; representative clients
  • experience
  • honors and awards
  • special licenses and certifications
  • position within law firm
  • bar and or other professional activity
  • pro bono and community service as a lawyer
  • scholarly lectures and writings
  • education and employment background
  • and other outstanding achievements

Later this spring the Denver Post will publish a special edition newspaper featuring all of Colorado’s top attorneys.  With this award, Paul is the injury attorney that you want on your case.

 

The Super Lawyer Process

Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.

The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Since Super Lawyers is intended to be used as an aid in selecting a lawyer, we limit the lawyer ratings to those who can be hired and retained by the public, i.e., lawyers in private practice and Legal Aid attorneys.

The Super Lawyers patented selection process involves three basic steps: creation of the candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area……. Read more about the process here.

Fisher & Associates Recognized by Colorado Supreme Court

Pro Bono Legal Service Award from the

Colorado Supreme Court

This April, Fisher & Associates Criminal Law Attorney Nicolas M. Geman was recognized by the Colorado Supreme Court in the Pro Bono Legal Service Commitment Ceremony. This is the second consecutive year Mr. Geman has been recognized for his work with United States Veterans, and was honored for his dedication to providing equal justice and access to the law for all.

Over the last year, Mr. Geman has devoted countless hours to defending veterans suffering from Post-Traumatic Stress Disorder, Traumatic Brain Injuries, and other combat-related issues in an effort to reform how the judicial process handles these unique hurdles. Justices of the Colorado Supreme Court offered their thanks and congratulations at the Ralph L. Carr Judicial Center.

From Left to Right: Justice Gregory J. Hobbs, Justice Nathan B. Coats, Justice Brian D. Boatright, Chief Justice Nancy E. Rice, Nicolas M. Geman, Justice William W. Hood, III, Justice Allison H. Eid, Justice Monica M. Márquez.

Another Drug on the Market With Undisclosed Side Effects

Undisclosed Side Affects of Drugs

Since the time we were children, we have heard that medications will make all of our problems go away. After years of testing, and product consumption, people are now starting to realize that there are unwanted side effects for almost every medication out on the market today. While many pills claim that they may cause nausea or dizziness, some drugs claim that they may cause heart problems or stomach bleeding in extreme cases. Even with that knowledge that there is a one in a million chance, a patient will often chose the prescription drug because they want to feel better. What about those patients who were never told of certain side effects, and now years down the line they are suffering from illnesses as a straight result of their medication that was mean to help, and not harm them?

Lawsuit - Side Effects of Pradaxa

That was the case for Joyce Kee, who was taking the prescription drug Pradaxa for her heart condition and soon discovered that she was suffering from internal bleeding as a result of the drug. While some patients are the one in a million who suffer from the least likely symptoms they at least were informed in the beginning of the possibility of the symptoms. In Kee’s case, she was given no sort of warming about this being a possible side effect, and has chosen to file a lawsuit against the Boehringer Ingelheim Pharmaceuticals Inc. as a result of her suffering. According to reports on the company, they have been promoting this drug to be more effective than the leading prescription and require no blood monitoring or dose adjustments specific to each patient.

As a result the victim experienced severe internal bleeding which lead to her suffering a minor heart attack and being required to stay in the hospital for a week. Unfortunately for this victim, it appears that there is no way for her uncontrollable bleeding to be treated at this time. In the lawsuit against this major pharmaceutical company they are claiming failure to warn, product defect, negligence, misrepresentation fraud, and other charges. As a result of her life threatening pain and suffering Joyce Kee is seeking not only compensation for the large medical expense she has been charged, but also for the emotional distress caused by her medication, attorney and court fees, punitive damages among others.

Joyce Kee is not the only victim of this specific Pradaxa drug, another man, Everett Runte Sr. participated in a similar lawsuit against the pharmaceutical company as well. Prescription drugs, though they have been known to help many people throughout the years, are turning to be the cause of more illness every day. Perhaps it is because of the many forms of medications our society is taking and therefore the combinations are disastrous, or perhaps our body wasn’t made to handle that specific drug? Whatever the case may be, people are suffering all around the country because of pharmaceutical companies’ negligence with their products in a variety of ways.

Have you or someone you know been a victim of a tragic pharmaceutical crime? Are you suffering symptoms that were undisclosed to you at the time of your prescription? Do you know someone who has died after taking certain medications? There is no reason for you to sit still and not take action against the companies that are making you illness worse rather than treating it. Contact your local Colorado lawyers at Fisher & Associates today for the legal representation that you deserve! Don’t wait another moment, call us today for a free case evaluation; you may just save the life of another by taking this step against the company.

Nursing Home Neglect May Result in Death of Patients

When our loved ones grow old and sick, families can feel a sense of relief knowing that when they are put into a nursing home they will receive the 24 hour a day care that they truly need. Having grandma and grandpa live at home may be nice for the family, but you and your spouse are not certified to give true medical attention that they need, and working full time in the midst is not helpful for them either. While this specific situation may not fit your family, you may understand the pressures of wanting to care for your loved ones but knowing that your home is not the right place for them.

Holding hand of nursing home patient

Nursing homes have been around for many years and have been known to grant the attention to the elderly that families are not capable of doing. Unfortunately today, the tragic tales of nursing home neglect and abuse is becoming much more common by the staff and nurses on duty. Men and woman are being left without treatments, their beds are not being cleaned and patients are laying in their feces for days on end, skin diseases are forming due to lack of proper cleaning care for the patients; the list goes on. Elderly people are being beaten, sexually abused, etc. as well, and many times the patients can do nothing about it because of their physical handicaps or forgetfulness.

The Huffington Post reports on an elderly woman in Canada who died in a hospital this year after suffering severely from abuse and neglect in her nursing home. Lillian Peck, 93, accumulated a terrible skin disease because they allowed her to soil herself and never cleaned up after it. Her skin was so badly infected that it ruptured, and investigators were completely unable to find any documentation of the incident at all within the nursing home. Not only did the staff allow the incident to occur in the first place, but they also lacked the intellect needed in order to treat her case.

Lillian Peck’s daughter shares that when she would visit her mother everything appeared to be fine, and Peck would share about her frequent walks with a nurse around the premises. This was last October, and not long after did Peck’s health significantly decrease because of a skin infection in her pelvis area that they were all unaware of. When they arrived to the hospital the doctors explained Lillian’s health issues to the daughter, claiming that her skin was so infected that the entire area was black. Lillian’s skin condition was so severe to the extent that the medical professionals assumed it may have been a flesh eating disease rather than an infection from feces.

The cause of her death was renal heart failure, which took her life only two days after being sent to the hospital. The heart failure was caused by the bacteria’s in her feces due to the caregivers failing to clean her after her bowel movements at the nursing home. When the daughter heard the news she was devastated, no daughter should have to hear of her mother receiving such poor treatment; is unthinkable, and yet it is still far too common today. At this time 7 nurses are being disciplined as a result of this neglect and abuse case, and the home is seeking to implement plans for change within the nursing home.

While that is good news for others in care facilities, it still doesn’t change the fact that a woman’s life was taken because of the ill-treatment from the nurses in the home. They were being paid to treat and look after Lillian Peck, and she died as a result. If you have a loved one who has suffered at a nursing home, don’t wait another moment to take action.

Contact Fisher & Associates today for the quality legal representation you deserve!

Pharmacy’s Illegal Distribution Leads to Deadly Meningitis Outbreak

Many lives have been taken by this horrible outbreak of a rare fungal form of meningitis. The New England Compounding Center in Massachusetts is said to have distributed 17,000 viles of the steroid injectable treatment used for those suffering with chronic pain in their backs. This steroid treatment would be injected directly into a person’s spinal fluid to address their acute pains and help them go about their daily life. Sadly, 14 people so far will never have their chance at continuing life because theirs was taken due to the contamination within their steroid treatment. At this point there are another 185 victims receiving treatment for the infection and a possible 14,000 total people to have been contaminated.

This matter is now being investigated by the U.S. House of Representatives who have order that the investigators also look into the individuals responsible for the pharmacies health regulations, believing that there may be more behind this outbreak than meets the eye. A lawmaker from Connecticut, Senator Richard Blumenthal, also ordered that the investigation be widened to criminal intent due to the extent of the outbreak. According to reports the pharmacy broke many legal regulations regarding their distribution as well as the actual substance they were making not meeting with FDA approved standards.

These sorts of pharmaceutical companies are to create products meet the needs of a specific patient, and they are not certified or given the legal ability to make mass quantities of medications to send around the country as a prescription. As a result of their actions many people are dead, and thousands more are hanging on the line, even waiting to see if their bodies will contract the infection. If you or someone you know has been a victim to this sort of medical malpractice, contact a trusted and experience personal injury attorney as soon as possible to take legal action. Contact Fisher & Associates PC today for an attorney who can help fight for you!