Monday, May 31, 2010

Stockton CA Homes For Sale - Market Comparison Report - Nov 2009 Vs Nov 2008

We analyzed 5 major cities in the Stockton Market. Sales of November 2009 were compared to November 2008

Median Price Change in Home Prices

All 5 cities analyzed experienced drops in Median Home Prices. The drops are more in line with ones faced by Sacramento market. Unlike the Sacramento for sale market where some cities actually gained in Median Price change (as compared to last year November 2008) Stockton faced county wide drops with no gains for any city. The change in Home Prices ranged anywhere from -2.27% for Stockton For Sale to -14.35% for Lathrop Homes For Sale. The middle section comprised of Manteca Ca Homes For Sale (-13.51%), Tracy Ca Homes For Sale (-6.51%), and Lodi (-6.49%).

Median Days on Market

Although all the analyzed cities showed decline in home values, the Median Days on Market for all the cities are less than they were in November 2008. Dropping home values, thus, is resulting in faster sales. 2 of the 5 cities saw double digit drops in Median Days on Market whereas the rest experienced modest drops. Lodi and Lathrop were the big winners in this category both seeing 15 day drops in days on market - 51 days to 36 days and 43 days to 28 days respectively.

Homes Sold

Overall the homes sold last year in November 2008 were 1019 homes as compared to 744 homes this year in November 2009. Fewer homes were sold this year than last year and this shows that even though dropping house values resulted in faster sales this November, the number of homes sold has been affected adversely. A major reason is the decrease in Bank Foreclosures.

Where have the Bank Foreclosures gone?

Just like North Bay and Sacramento, Bank Reo's have declined in Stockton as well. The drop in bank foreclosures could be attributed to 27% fewer homes sold this November as compared to November 2008. All the cities had double digit decreases in Bank Reo's with the highest 3 being Tracy Homes (-51.44%), Lathrop Homes (-42.11%), and Manteca Homes (-39.56%).

Number of Months Inventory

The largest inventory of homes was in Lodi (6.68 Months) followed by Tracy Ca Homes For Sale (5.82 Months). Manteca Ca Homes For Sale (5.30 Months) and Stockton Ca Homes For Sale (5.32 Months) had the smallest inventories.

You can also access Stockton Ca Homes For Sale for viewing the latest market inventory


Homes for sale for MLS Search,
Bank REO / Short Sale Search
Foreclosure Search ( Outside MLS)
Just Listed Properties
Income Properties (1-4 units)
Condo searches
New Construction Homes
In addition you will find comprehensive Lending information on FHA, VA, USDA, Conventional Loans. There are web pages for each major city in California with loan products specific to the city including City Down Payment assistance offered.

Sunday, May 30, 2010

How Can I Start My Own Cleaning Business?

My friend asked, "How can I start my own cleaning business?" "A broom, a mop, and ambition," I answered.

Flippant perhaps, but it was an honest reply. Small start up investment is one reason that a cleaning business works. Anyone can begin a cleaning business.

A successful business begins with three components: a need, a plan, and labor. Every demographic in the United States has a need for cleaning services. From single homes in rural areas to public housing in big cities, someone has to do the chores. Where people can afford it, they will pay for the service and where people can't, landlords or local government will.

A business plan for a cleaning business should include where the service will be marketed, what types of services will be offered and pay schedules. Local government regulations must be followed. Do you need a business license? How will you be taxed? Do you need to pay workers compensation? There are many types of insurance besides liability. A window washing service will pay higher workers comp than a janitorial service. A high-end condominium cleaning service will pay more for theft coverage than a pressure washing service. All expenses must be incorporated into the business plan in order to make it feasible.

The labor pool varies from city to city, town to town. Some areas are seasonal, such as beach resort towns. Other areas have a steady supply of workers though turnover may be high. An employer must keep accurate records on every worker they hire. Social security numbers, drivers licenses, criminal background checks; all of these are a must in order for the employer to cover their own liability. Random drug tests, quality assurance inspections and weekly safety meetings are also solid practices to promote health and well being in the workplace.

How can I start my own cleaning business is a good question but the next must be - who will my clients be? Will you specialize in residential house cleaning, professional office, new construction, move in, move out, boat, RV, aircraft, auto, or janitorial. There are companies that focus on window washing, others on pressure washing, parking lots, churches, vacation rentals, hauling, organization, and butler and concierge services.

Property management is a whole other business paradigm. There are plenty of clients. A relatively inexpensive way to market is to create one page flyers listing the services you provide and knock on doors to hand them out. Some neighborhoods and businesses do not allow soliciting; mail outs and telemarketing may be the way to approach those prospects. There are also many social and business networking associations in every town and city that give a new businessperson ample opportunity to shake hands and pass out business cards.

Once you have started your cleaning business and it is running successfully, your options may include selling the business, or even franchising. A competent accountant and lawyer are essential to the growth of any small business. Cleaning companies account for millions of dollars of tax revenue per year in this country. Your local Small Business Administration is willing to work with you to. Continue to ask questions and ask for help. Your company could be the next great American success story.

Saturday, May 29, 2010

Law of Attraction Principles at Work

I didn't think much of the Law of Attraction until I put it to use. I like to think of myself as an open minded sort. If you wish for a certain amount of money to just fall from the sky if you ask for it, it's not going to happen. After studying the principles of the Law of Attraction, you will understand how it works. Then you will get what you ask for.

Before I tell you how my fifty thousand dollar formula came about, I need to give you a few principles. The Law of Vibration is really at work for the Law of Attraction to work for you. All things are really in a state of movement if you look at what seems to be a solid form under a microscope. You'll see a mass of energy or movement. It's at very high rate of frequency.

You see, we give off energy from the inside out. We don't get energy, it was already there! You see you must rid yourself of negative thoughts. If your filling your mind with it's not going to happen, it won't happen! Replace those thought with it will happen.

Allow and fill your mind with when you want your funds. Ask for a certain amount of money. Write down an exact amount of money you want, by a certain date. Lastly, just make sure you believe it will happen. This exercise took a couple weeks before the idea came to me. You see I wrote it down on a piece of paper an exact amount of money I wanted by a...certain date. The date was ten months into the future.

You see whatever you ask for, if you can see it in your imagination it will come to pass. Study your history books. Remember Ford or the Wright brothers and John Rockefeller. First the vision, then from their imagination, it turned into a reality. Just like a formula came to my calling.

Sure the amount of money didn't float to me a silver platter. Two weeks went by, then a formula came about in my imagination, only a couple weeks to the day, I had asked for it! That was good enough for me. All I have to do now, is carry out the formula and it will be here. The Law of Attraction worked for thousands before me...and they'll work for you too!

Friday, May 28, 2010

Drunk Driving - A Real Danger

Penalties for driving while under the influence of alcohol have become more severe in recent years, while government agencies and volunteer activists have been campaigning to education the population about the dangers of this behavior. And yet many Americans continue to take the issue lightly; in one survey, around 80% of responders admitted to driving a car after consuming alcohol.

Perhaps part of the problem is that, despite highways patrols' best efforts, the odds of getting arrested remain relatively slim - only about 1 in 200 drunk drivers will be arrested. This frightening statistic illustrates why harsh penalties are not enough. In 2006, there were an estimated 250,851,833 registered vehicles in the US. It is simply not possible to monitor all those drivers as closely as it would take to keep our roads completely safe from negligent drivers. Part of the solution to the high rate of DWI offenders is to educate people about why driving a car after consuming alcohol or another drug is not something to be considered casually.

Many people seem to think that the dangers of driving while intoxicated are overhyped. Perhaps this is because so many Americans, by their own admission, have driven after consuming some amount of alcoholic beverage. It is common for people to believe that if they have done something once or twice with no serious repercussions, it must not be all that dangerous.

The truth is that every time you get behind a wheel while impaired, you are taking a huge risk. It has been estimated that one in two Americans - half the population - will be involved in an alcohol-related accident at some point in their life. 708,000 people are injured every year in drunk driving accidents; 25,000 of them are killed. Alcohol-related collisions are the number one cause of death for Americans between the ages of 16 and 24.

Even worse, you are not just putting yourself and your passengers in danger if you drive while impaired in any way. Because of a few people who break the law, the roads are less safe for all citizens, no matter how closely they follow safety guidelines. 80% of fatal drunk driving accidents occur between 8 PM and 8 AM, making some people afraid to drive at all during those hours, especially during holidays. If the practice of driving while impaired could be eliminated, 50% of fatal highway collisions could be avoided.

For information about Texas law and drunk driving, contact Dallas DWI attorney Mark T. Lassiter.

Thursday, May 27, 2010

Background Checks and You

Very few things are private anymore. Personal information such as phone numbers and addresses, financial information such as credit scores and reports, career data such as employment history and credentials, as well as criminal records such as past arrests, convictions, and sentences - all of these are stored in any number of computerized databases in a variety of contexts.

While privacy advocates express concern about the amount of information that has become publicly available, background checks have become standard practice when hiring a new employee, granting a license or certification, or approving a new loan or mortgage. Common types of background checks include:

- Criminal records

- Employment history

- Financial data

- Drug Tests

- Educational / Credential verification

- Legal history

Employers frequently conduct background checks on potential hires, for several reasons. First, companies have a solid interest in lowering the risk of fraud or misconduct by their employees which may hurt profits. Second, hiring an employee with a questionable background could lead to a public relations fallout. Third, companies want to verify any claims that the candidate may have made on his or her resume or during the interview. There are also less scrupulous reasons for a company to run background checks. For example, a potential employee may be rejected if the employer discovers that he or she has filed many lawsuits against a previous employer. Regardless of how "ethical" they are, all these goals can be accomplished through a background check.

Not everyone is happy with the current situation. Privacy advocacy groups often express concerns that background checks will create unfair bias and discrimination against those who have made mistakes in the past, making it more difficult for these people to get jobs, qualify for financial assistance, or apply for certain certifications. Another concern is the growing problem of identity theft. With so much information readily available to just about anyone, it has become easier for identity thieves to build a solid cover after obtaining only one or two pieces of important information.

So how does this affect you? Though many people think they have a spotless record, very few actually take the time to look at their credit score or criminal history. Any number of causes, ranging from clerical error to deliberate and malicious actions, can result in a tainted reputation. Furthermore, the reality is that any imperfections in your background can come back to haunt you in the future. Employers may choose not to hire you because you have an arrest in your criminal history, even if you were never actually convicted of the crime.

Wednesday, May 26, 2010

Guy Gets Girl Review - Pros, Cons and More

Getting that girl doesn't have to be so difficult for you. No matter what kind of girl you're looking for, you can get her. The thing is, you may not know how to score the girl you want. That's where the Guy Gets Girl review comes into play. Guy Gets Girl is a book that provides a basic manual on how to attract women, but before you buy and try it yourself, you may want to know a bit more.

What Does it Give You?

So, what does this book give you? Well, it gives you a unique woman's perspective on how you can get a woman. The thing is, instead of getting advice from guys, you are getting it from someone who knows - a woman. A woman knows what women want, and with this book, you can get a closer look at what women really do want so you can use this to get the woman of your dreams.

Pros and Cons

Of course, this book definitely comes with pros and cons as you'll learn in this Guy Gets Girl review. First of all, you'll find that a big pro is that this book isn't too long. At just over 100 pages, it provides a lot of information without making you do a whole lot of reading. The price is reasonable and there is a guarantee that comes with the book as well in case you don't really like it or get the results you want. One con that you may find is that while it recommends looking great for women, it doesn't give you a good guide of how to dress and look.

The Bottom Line

If you want to learn how to get a woman, this may be a book you want to read. While it may not give you all the tools needed to finally get the girl, you will learn a lot that you can put into practice.

Tuesday, May 25, 2010

Lawsuits From Denture Cream Poisoning Move Forward

GlaxoSmithKline announced they are removing zinc from three varieties of denture cream, amid lawsuits claiming years of excessive use caused neurological damage and blood problems in consumers from Zinc Poisoning.

Products like Fixodent and Poligrip containing zinc and excessive use may result in illness. Tests for zinc levels in your blood can determine quickly whether you have a zinc overdose in your body. Action should be taken immediately against zinc Poisoning if you or someone you care about has been experiencing symptoms such as numbness, tingling and hypersensitivity and you use Poligrip or Fixodent, please consider being examined by your doctor and contact an attorney or Lawyer familiar with the Lawsuit.

People who incur permanent damage from zinc poisoning due to use of denture creams may be eligible for compensation for loss, suffering and medical treatments. In the medical journal Neurology, Dr. Sharon P. Nations of the University of Texas Southwestern Medical Center in Dallas and her colleagues report on four denture-wearing patients who developed neurological problems. All had abnormally high levels of zinc in their blood, accompanied by abnormally low levels of copper. Because Fixodent and Polgrip contains zinc, and all of the patients habitually used "extremely large amounts.

Testing revealed, what is now called Denture Cream Poisoning caused by high zinc concentrations in the creams the patients used. This is the only "plausible explanation" for their high zinc levels and copper deficiency, the researchers say. Used as recommended, a tube should last from 3 to 10 weeks, the researchers note, but patients in the report were all using at least two tubes a week.

An estimated 35 million people are using denture adhesives. Everyday numerous victims are now contacting Lawyers. If you have used denture cream and show the Symptoms of Denture cream Poisoning, we suggest that you contact your Doctor, and a Lawyer familiar with either the Fixodent Lawsuit or Poligrip Lawsuit..

Monday, May 24, 2010

Eight Thousand Dollar Savings Off Your Apartment Expenses

If you are in charge of the maintenance for apartment complex expenses or even several apartment complexes then this can be gold and silver mine for you! What we'll take about here is how to cut down a good eight to ten thousand dollars a year off your bottom line if you're having your maintenance people take care of this expense.

If your furnishing the filters then it's time for a change. Most all apartment complexes have gone this route. Let the tenants furnish their own filters. You figure at $.40 a filter (example six hundred units) six hundred apartment units twelve times a year.

This is if you were changing them once a month. Another thing to consider is the quality or grade of filter you're using. There is a cheap grade then a pleated grade. You just saved yourself a bottom line of three thousand bucks a year. This is just the cost of the filter at a wholesale cost. This is just one filter. Many apartments today have two, three or even more filters.

You also need to figure in your maintenance man's hourly pay unless he's on salary. Let's say you pay him fifteen dollars an hour and it takes him a week to change out all the filters of the apartment complex. That comes out to about seven thousand dollars a year when you go to figure your apartment complex expenses.

In closing there is one thing to keep in mind if your multi-family tenant is going to change their own filters. There should be a clause in your contract. I'm not an attorney but, you probably would want to get your attorney to look at your tenants lease contract to make sure you're your not liable if then fell off a ladder changing their filter or filter's. Filters are not always low; many apartments' filters are overhead. Better to be safe than sorry with your apartment complex expenses.

Sunday, May 23, 2010

House Hunting? Let Your Fingers Do the Browsing

Years ago finding a house was a full time job - for you and your real estate agent. Your agent would need to have a good understanding of what you were looking for. Once she felt she had a good idea, she would choose homes, set up appointments, and drive you there. Together you would assess how close her understanding was. If she was way off the mark, you both just wasted a lot of time and energy.

Once MLS (Multiple Listing Service) matured to the point that every real estate agency could put their listings online with multiple digital photos, long descriptions, contact information, and even Google maps to find the property, "finding a house" took on a whole new meaning.

Nowadays, most real estate agents are contacted by buyers who have already found homes online they are interested in. Their first question is no longer, "Can you help me find a house?" Now they ask, "I found three homes on your website. How can I get in to see them?"

These educated consumers no longer depend on the agent to know everything about every house. The buyer now knows as much as or even more than the agent does. The buyer can see the 360 degree photo tours, architectural drawings and floor plans, real photos of the front and back yard, and of course the all important kitchen and bathrooms.

On many websites banks and lenders have paid for advertising space and there are links to loan officers to talk about pre-qualification letters (a real handy document that agents and sellers love to see the buyers equip themselves with).

Not sure if you can afford the home? Use the handy mortgage calculator up there in the corner and play with some numbers. You might be better off than you think!

What's new with online house hunting? Some savvy FSBOs (For Sale by Owners) have web cam access! If you still aren't sure, you can "walk" through the property while sitting at your desk.

Saturday, May 22, 2010

Brandon Marshall Trade - Not If But When?

The Denver Broncos wide receiver Brandon Marshall will be playing in his second Pro Bowl this season, but it may be the last time he dons a Broncos helmet. Marshall's success in the NFL has been tarnished by his past infractions with the law outside of football. It is believed that even one more infraction could bring Marshall a lengthy suspension from the league. Although he has performed as a consistent weapon on offense for the Broncos, Marshall has exhibited a tendency to act in a manner some would deem unprofessional.

During the 2008 NFL season Brandon Marshall almost cost the Denver Broncos a win in a game as he tried to display a handkerchief in a symbolic gesture to the election of Barack Obama. Before the start of the 2009 season, a disgruntled Marshall asked to be traded out of Denver. When this did not seem likely, Marshall was caught on tape punting a football away instead of handing the ball to an expecting ball boy and batting away passes that were intended for him to catch.

Despite the seemingly awful start, the Pro Bowl wide receiver ended up playing very well for the Broncos for a large part of the season. On December 13, 2009 Marshall broke the record for receptions in a game with 21 total catches.

At the end of the season, the wide receiver was benched for the Broncos final game against the Chiefs. This was a game with possible playoff implications and head coach Josh McDaniels along with team captains decided Marshall was not doing enough to help the team win.

The prevailing wisdom is the Broncos would have already signed Marshall to a multi-year deal if they intended to keep the wide receiver on the team. Currently, trade rumors have once again hit the blogosphere and news headlines especially due to the fact that Marshall wants a high paying contract and he will likely become a restricted free agent in February.

Some feel that the Broncos should tender Marshall to the highest possible amount which would allow a team to sign Marshall if Denver did not match the offer. The team would also have to give the Broncos a first and third round pick if the wide receiver is a restricted free agent tendered to the highest amount.

Marshall might be a hard sell at this price even with his Pro Bowl talent. A team in this scenario would have to pony up a large contract for the risk burdened Marshall in addition to sending the Broncos multiple draft picks. A lower tender or a straight trade for another somewhat high caliber player might get the trade done.

Friday, May 21, 2010

Government Land Auctions 101

Given the different government agencies that keep a tab on us you can expect to find many different things that come into their possession. We all know that vehicles are one thing that they often reposes. Another thing that you will find commonly seized by the government is pieces of land and other such properties.

There are times that illegal activities take place within a certain building or home and this property can be seized by the government. Other times people do not pay for their taxes properly and as a result homes or other private properties are used as a payment. Of course there are also cases where a piece of property is acquired illegally; this can also be repossessed under law. Given these conditions alone you will find that there numerous lands are owned by the government. All these are of course auctioned off.

Unlike usual government auctions these are not sold by the different agencies themselves. When it comes to land a different process may be taken and therefore the help of a real estate agent or company may be needed. Such properties are often listed alongside other real estate or in an exclusive listing which may be made public.

Before the actual auction of the piece of land an inspection and appraisal may be made by the interested parties. If there is an auction date which has been set they can wait until this time to buy the piece of property they are interested in. However if they which to purchase it already a letter or proposal may be made with the details of their offer. The agency which has acquired the property may look into selling the property through this letter.

If in case it is not sold this way, then the usual government land auctions will take place. Before the start of the auction an open house is done to give potential buyers another chance to view the property. After this bidding will then begin and the land will be sold to the highest bidder.

The key to being able to get a good bargain on something like this is by making sure that you do your research and find out about the sale early so that you beat all the other potential buyers. Often times if a good offer is made before the auction date then they will not wait to sell the land.

Thursday, May 20, 2010

Did New York City's Time Square Failed SUV Bomber Get Cash From a Car Wash Business?

We hear a lot about international terrorism in the media, and we have heard many terrorist experts explain that the money flow is critical for the terrorists to succeed in their acts of violence on soft targets. The reality is they need a lot of money to plan their attacks and carry them out. They need to get this cash from somewhere, thus, if you follow the money you can catch the evil doers.

In a recent failed New York Times Square SUV bomber event, the solo terrorist got his money from somewhere to carry it out. In Connecticut, the assailant works for Affinion Group. This is where Faisal Shahazad worked for a modest salary was only down the street from several "cash type" businesses. Companies which work sell to the public and generate lots of cash and very few checks.

Did Faisal Shahazad have a friend working at one of those company's who was stealing or skimming cash? This is a common problem at these types of cash-businesses, was the owner of one of these cash businesses losing cash out the back door - was there a radicalized terrorist helpers working at any of these companies - where did Faisal Shahazad get all that money? Some say from the Taliban, which is interesting, and yet, is that information really reliable?

Was he also involved in drug sales to fund his operation as many radicalized terrorists cells engage to generate the money they need to do their dirty deeds? We've previously noted such business fronts in other parts of the country set up for such purposes. Could it be? Probably not, I mean it is a far-fetched theory, you have to admit. And yet, why am I suggesting this?

Because it's happened before, several times in NJ, Dallas, and other parts of the country. If so, this would be just one way that Faisal Shahazad got the "wads of cash" which has been reported and which he needed to fund his caper or rather his failed SUV cab bomb attempt at Times Square in New York.

According to CBS News; "Shahzad came under scrutiny by the Department of Homeland Security for bringing into the U.S. more than $80,000 in "cash or cash instruments" between 1999 and 2008. But clearly Shahzad had financial problems. He had a $200,000 mortgage on his 3-bedroom Shelton, CT home that he unsuccessfully tried to sell for three years. Then, in February of 2009, he took out an additional home equity loan for $65,000. But, it appears he never intended to repay that loan. Just the next month, he began defaulting on both loans."

It makes sense to look into these things and see if there is more to this story, we can never be too vigilant. Maybe it's time to look into all possible leads on this case? Think on it.

Wednesday, May 19, 2010

Belief in Yourself - The Best Kind of Faith You Can Have!

There is no more empowering feeling than to wake up each day, excited about what the day has to bring, and motivated and inspired to do everything that you want to do. Is that the formula for a successful person? You bet it is! I know this to be true because this is the point I've reached in my life and I want the same for you!

The foundation of a solid belief in yourself is feeling good about who you are. So, here's what I want you to do first. Take a look around you, make sure you are alone or in a place where you aren't going to frighten anybody with a little positive outburst. Shake out your arms, relax your body, and shout out:

"I feel great today!!"

Make sure you say it loud enough to have some meaning. Now, sit back down and see how good you feel. What you've just done is given yourself a positive affirmation, a statement that things are good in your life and that you're feeling good!

Without question, one of the common traits of successful people is their unwavering belief in themselves. Take a moment and think about that. How many successful people have you ever met that didn't have confidence and an uncanny amount of self-belief? Do you find yourself wondering how they do it or what their secret is?

Success, self belief, and confidence are related to one another. Let's discuss why. The power of self-belief and a positive attitude have a lot to do with what experts refer to as the universal law of attraction.

It revolves around the idea that your thoughts and emotions dictate what happens in your life. If you think positively and really desire certain things, then these things will be drawn to you. Negative thoughts and emotions also tend to attract negative things. This explains why people who tend to be negative often seem unable to 'catch a break'.

So, is it true? Just look around you. Isn't it true that people who convey confidence and a positive attitude have a knack for attracting success? Have you ever noticed that when you really want something, it finds a way to get to you? Have you ever noticed that, when you're down or depressed, more bad stuff tends to come your way? What does it all mean?

The universal law of attraction does affect you and your pursuit of success. Imagine waking up every day, knowing you were going to have a great day and having it actually happen! You may just be realizing it but successful people have recognized for a long time that attitude and outlook on life are essential components in the equation for success! . Don't you want to know it's going to be a great day? Don't you want to know your positive outlook and effort will produce a positive outcome? It is very real and the real point here is to ask 'Are you ready?'

Tuesday, May 18, 2010

Fort Worth Tax Attorneys

The very phrase "tax attorney" conjures up images of highly qualified legal professionals who spout terminologies you could never understand. Yes, tax laws are very complex and not easily followed by the general public. It does therefore pay to be armed with at least the basics before you file a tax related suit or hire the services of a tax attorney in Fort Worth. Fort Worth is home to a number of tax attorneys. Fort Worth has its own set of laws when it comes to taxes and its related aspects. It is therefore important, that your attorney is specialized not only in taxes, but also in laws related to Fort Worth in particular.

Needless to say, without the help of a talented tax attorney, you may actually end up paying more or even end up facing criminal prosecution. A courtroom if seen from a different perspective is after all a kind of battlefield. Your arms are your tax attorney. You can get vast information on tax attorneys in Fort Worth through online resources. Having knowledgeable friends and acquaintances also helps, to some extent. You can find out more about the tax attorney you are about to hire from referrals also. They would be able to give you a fair idea about the competency of a particular attorney or a legal firm.

With the kind of information available on the Internet related to taxes, almost every citizen is aware of something about taxes. Online resources are also useful when you are trying to locate a tax attorney. Fort Worth is fortunate to have a number of reputed legal firms and tax attorneys. Most of them find mention in online resources.

Monday, May 17, 2010

Funny Construction Humor

Six Phases of a Construction Project:

1) Enthusiasm

2) Disillusionment

3) Panic

4) Search For The Guilty

5) Punishment Of The Innocent

6) Praise & Honors For The Non-Participants

Directory of Construction Terminology:

Contractor - A gambler that never gets to cut, shuffle or deal.

Bid Opening - A poker game where the losing hand wins.

Bid - A wild guess carried out to two decimal places.

Low Bidder - A contractor who is wondering why he's left out.

Engineer's Estimate - The cost of construction in heaven.

Project Manager - The conductor of an orchestra in which every musician is in a different union.

Critical Path Method - A management technique for losing your shirt under personal control.

OSHA - A protective coating made by half-baking a mixture of fine print, red tape, split hairs, and
baloney - usually applied at random with a shotgun.

Strike - An effort to increase egg production by strangling the chicken.

Delayed Payment - A tourniquet applied at the pockets.

Completion Date - The point where liquidated damages begin.

Liquidated Damages - A penalty for failing to achieve the impossible.

Auditor - A person who goes in after the war is lost and bayonets the wounded.

Lawyer - A person who goes in after the auditors and strips the bodies.

Sunday, May 16, 2010

The Truth About DWI Charges

Generally speaking criminal defense lawyers look forward to representing people charged with DWIs. Many clients clients charged with a DWI are reasonable, articulate and, probably most importantly to lawyers, are able to pay a fee. Unless a person is charged with having committed their third DWI, the stakes are not as high as when representing a client charged with a felony crime, and unless there was an accident, the lawyer does not have to confront an injured victim. As a consequence, lawyers aggressively market for the DWI business, and as usual, when aggressive marketing is taking place, the truth is often sacrificed. The following is a little "straight talk" about DWIs.

The many DWI cases that go to trial have similar facts. The defendant was driving between the hours of 11 pm and 5 am and is stopped by a police officer. The officer claims to smell the odor of alcohol and asks the driver if he has had anything to drink. The driver says he had one or two drinks several hours ago. The officer asks the driver to perform field sobriety tests. Usually the first is the horizontal gaze nystagmus test. This is the test where the officer asks the driver to track a pen or flashlight with his eyes. The officer concludes that the eye began to shake or tremble while tracking the light at a certain point and concludes the driver failed this test. The officer then conducts the "walk-in-line" test and the "one-legged stand" test. The officer concludes that the driver has failed these tests and takes the driver to the police station. The police officer then offers the driver the opportunity to have his breath analyzed for the presence of alcohol and hopefully (at least from the perspective of the driver) the driver refused to take the test. The driver bonds out of jail the next morning and begins the process of hiring a criminal defense lawyer.

If, contrary to my hypothetical, the defendant gave a breath specimen and failed, it is more difficult to win the DWI case. DWI defendants are acquitted in "breath cases" but not nearly as often in "refusal" cases. Claims that the machines are rigged, or that a jury is easily persuaded that the machines are invalid, should be taken with a grain of salt. If the test shows that the driver is close to the legal limit, our firm has successfully argued that at the time the driver was stopped his body had not yet absorbed a sufficient amount to have crossed the legal limit. Sometimes when the test shows that the driver is way over the legal limit, but the video nevertheless looks good, one can argue that the test must be inaccurate.

DWI "third" trials are difficult cases. Unfortunately for the defendant, the jury will be informed of the prior DWI convictions, and likely will, in what would otherwise be a close case, see a pattern in the defendant's behavior giving the State an edge.

It should always be borne in mind in a DWI case that a picture (or video) is worth a thousand words. The biggest single factor that will determine the outcome of a DWI case is how the defendant appears on video. DWI's are unique in that the jury does not have to rely on the judgment of a police officer or some other eyewitness, but get to rely on their own judgment in determining whether the defendant is guilty. A bad video, one in which the defendant is clearly swaying or has slurred speech, for example, is difficult to win. Sometimes evidence that the defendant suffers from a medical condition can explain what otherwise would appear to be signs of intoxication.

Even if the defendant looks good on video it the State may be able to secure a conviction if the police officer is able to credibly explain why she concluded the driver was intoxicated. It should be borne in mind that the jury will be instructed that the offense is committed if the driver was influenced by alcohol to the extent that the driver's mental or physical faculties were no longer "normal." "Normal" is not defined for the jury. The important thing to remember it that it is not a "driving while drunk" charge. I think most juries get the distinction between driving while intoxicated and driving while drunk, but client's often struggle with this distinction. It is not uncommon for clients to insist that they cannot be guilty because they were not "drunk," despite the fact that the jury can, and often will, find them guilty even if they think the client was not "drunk" but merely "intoxicated," as the term is defined under the law. Statistically, about 50% of DWI trials result in an acquittal and most cases that go to trial have good videos. When the video is good, variables such as the credibility of the police officer, the appearance of the defendant, and the quality of the lawyer all become important factors.

Despite the fact that the mere appearance of the defendant can be an important factor, defendants in DWI trials rarely should testify. Usually, they have made admissions while being questioned that will fuel an effective cross-examination by the State. For example, if the defendant admitted to having had a couple of drinks, it is difficult to fend off questions about the effect those drinks would have had on the defendant. If sobriety's is normal, it is difficult to contend that one is normal after having had a couple of drinks.

Finally, it should be noted that in many counties there is little penalty for first time DWI defendants to go to trial apart from any additional legal fess that they may ensue. Often the punishment for pleading guilty to a first time DWI is the same the judge will impose if found guilty after trial.

At our law firm we have had numerous successful results recently in DWI cases without going to trial. We have negotiated pleas to a non-DWI traffic offenses to which our clients only had to pay a small fine.

Saturday, May 15, 2010

Find Dallas Apartments

Texas is a state located in the southwest area of the United States. Dallas has contributed to the growth of this state in economic terms. Various oil industries arose after oil was discovered in Dallas. Now it has become the telecom corridor with contributions from companies such as Texas Instruments to its credit.

The rise in employment opportunities has attracted several people to Dallas. Apartments are in demand due to people visiting Dallas on business and pleasure trips who decided to relocate. Most realtors assist prospective buyers to find the right apartment.

Property is available through outright purchase or offered as rental apartments in Dallas. They range from furnished apartments to condos with customized décor. Corporate apartments are another option that realtors provide.

It is also possible to find Dallas apartments online. It is necessary to find a suitable agent who can provide customers with an apartment that meets their needs. Many realtors put up detailed listing of property available. Information is available online about properties for rent and for sale. A prospective buyer may type in requirements and various options will be forwarded immediately. Prospective customers may be able to short list apartments available in Dallas without actually going to the city. It is also possible to find luxury apartments and villas at competitive prices through the Internet.

Some agents offer attractive packages for their properties. They offer free packing and transportation to clients. Agents may provide apartments at discounted prices to a group of clients. Developers offer dream houses on mortgages too. Buyers are able to buy a house of their choice within their budget. Buying an apartment could be much simpler and more affordable due to mortgage loans.

If a student wants to find an apartment to share, agents can assist with the arrangement as well. A wide range of accommodations ranging from low budget accommodations to luxury apartments is available online.

Friday, May 14, 2010

The Dangers of Drinking While Pregnant

Although several ancient cultures cautioned women against drinking alcohol while pregnant, suggesting that some link had been noted between drinking and infant health problems, Fetal Alcohol Syndrome was not formally studied until the 1960's. At this time, researchers in the US and Europe began to notice certain shared characteristics between children whose mothers were alcoholics, even if the children were not related. The first characteristics to be noted were hyperactivity and certain facial features, although more were later discovered.

By the late 1970s, alcohol was officially recognized by medical institutions in the US and Europe as a teratogen, meaning a substance that can cause birth deformities. The syndrome that it can cause in the infants of heavily drinking mothers was named by University of Washington dysmorphologists Dr. Kenneth Lyons Jones and Dr. David W. Smith in 1978. Some researchers have broadened the label to Fetal Alcohol Spectrum Disorder to accommodate the different kinds of symptoms that children show.

Different medical institutions around the world use different guidelines for diagnosing this serious problem. Although they may differ in details, they all agree on the three basic traits that a child exposed to ethanol must have to be diagnosed with FAS.

Facial Features

The unique facial types resulting from FAS may be the disorder's best known syndrome. There are three basic facial features, which can range from moderate to severe, associated with this disorder. They are a smooth philtrum (the groove running from the nose to the top of the upper lip), an unusually thin upper lip, and eyes that are set unusually far apart. In some ways, these features are diagnostically the least important; a child with alcohol-related brain damage may look perfectly typical.

Growth Deficiency

Doctors prefer to use length and weight of a child at its birth to diagnose this syndrome, but if that information is not available more recent information can be used. However, using a child's current weight as a diagnostic criterion can be complicated, as it is difficult to show that the child's small size is not caused by another factor such as poor nutrition.

Central Nervous System Damage

The most devastating symptoms of this disorder are caused by the damage alcohol can do to a forming brain. The amount of damage caused to a fetus exposed to ethanol may vary depending on many different factors: time of exposure, duration of exposure, amount of alcohol, and perhaps genetic predisposition. Symptoms can include hyperactivity and developmental disorders.

At this time very little is known about how much or when a pregnant woman can drink without damaging the fetus. For this reason, pregnant women are strongly encouraged not to drink at all.

For information about Texas laws related to alcohol, contact Dallas DWI attorney Mark Lassiter.

Thursday, May 13, 2010

Some Issues in the Entertainment World That Require Legal Help

When most people picture the work of an attorney, they probably imagine someone standing in front of a jury trying to convince twelve men and women, using strong facts and emotion, to see their way on a particular case. Thanks to television and movies, this characterization of a lawyer certainly is reasonable. And, there are amazing trial lawyers who do spend their careers in a courtroom arguing on behalf of their clients. The reality is, though, that the overwhelming amount of work that falls to most attorneys is done far from the spotlight created by a public trial. Instead, the men and women of the legal profession usually work behind the scenes to protect the professions, reputations, and finances of those for whom they work. Such is the case with the attorneys that practice entertainment law, and in Texas the need for such lawyers is found for a diverse set of circumstances within the many creative fields that find a home in our state.

Entertainment law covers a wide spectrum of issues that affect people who are in some way involved with the arts. Clients requiring the services of an entertainment attorney can include athletes, actors, singers, songwriters, producers and anyone else who uses their talents for enjoyment by the public. Just think about all of the ways in which someone in the field of entertainment would require legal protection. There is a constant threat to one's reputation courtesy of disgruntled workers and paparazzi. Imagine if someone like Angelina Jolie and now Jon or Kate Gosselin had to address all of the tabloid rumors themselves. Also, there is the need to make sure that an actor will receive his due not only when a television show first airs, but when it lives on through syndication and DVD sales. With new technologies capturing movies and television programs in ways not anticipated just a few years ago, actors are eager to renegotiate contracts for future compensation. Or, suppose you are a serious artist whose paintings hang on the most respected galleries in Austin, Houston, San Antonio or Dallas. Do you want your artwork to be copied and then mass-produced onto t-shirts to be worn by every teenager in Texas? Through copyright laws, entertainment attorneys can protect your images so that they are used only in the context that you desire.

While there is no shortage of entertainment of any type in Texas, there are two areas that are of particular importance in our state. We have an amazing music industry in Texas, with Austin especially being known for its cultivation of talent. Singers, songwriters, music producers, record label owners-all have significant investment in the talent that is being packaged. Artist recording contracts must be written to determine a singer's ties to a record label as well as the freedom he or she will have in the creative process. What if another artist loves your work and wants to integrate it into his own new recording? Attorneys will be needed to prepare the necessary licenses for music sampling. And, even though the singers who appear on stage in sold-out arenas and find themselves in heavy rotation on the weekly video countdown are the ones who usually get the glory for a great song, songwriters need to know that their work is being validated both financially and with due recognition when appropriate.

In addition to the wonderful music that Texans offer the rest of the world, everyone knows that the residents of our great state love their sports. Whether we are cheering on our favorite high school team under the lights on a Friday night or welcoming home the most famous cyclist on the planet from yet another improbable victory, we have an appreciation for athletes and the value that they bring to our recreational time. With this emphasis engrained on kids throughout the Lone Star State, it is no surprise that we have more than our share of athletes raised in our state. Also, great athletes come to Texas from around the country to play for one of our many professional organizations. All of these men and women need contracts to ensure that they are fairly compensated for their contributions to the sport of their choice. Over the course of a career, it is not unlikely that an athlete will need an attorney to assist with disputes involving agents, managers, or players' associations. We all have seen the news stories detailing what happens when salary negotiations break down or a player doesn't feel he is getting the time of the field that he deserves. What about the opportunities for income that may present themselves away from the sports venue? When you see Dale Earnhardt, Jr. endorsing Wrangler Jeans or Tiger Woods speaking of the great virtues of Gatorade, you can be sure that lawyers were involved in the negotiations for these partnerships.

Men and women who choose to pursue a career within the entertainment industry will almost certainly find the need for legal representation at some point. Even with the smoothest of professional experiences, entertainers must deal with such necessary acts as signing contracts, preparing a tour schedule, and lending their image to others seeking an endorsement. When problems arise, the issues are often magnified through the lens of celebrity and an aggressive and dedicated Entertainment law attorney is required. When an artist or athlete is not getting properly compensated, when efforts are made to extort money in return for tantalizing information that may or may not be true, or when injuries occur due to inappropriate working conditions, the role of the entertainment lawyer becomes even more imperative.

Due to its flourishing music scene and renowned athletic traditions, as well as efforts being made by our state to attract more movie production (notwithstanding Michigan and Louisiana), Texas easily can place itself among states like California and New York that perhaps are the most obvious locations in which entertainment law is prolific. If you live or work in Texas and have a connection to some aspect of an entertainment-related industry, you should make the retention of an attorney a top priority. When an issue develops that may affect your livelihood or even your very well-being, you will be able to take action immediately.

Wednesday, May 12, 2010

Health Benefits of a Glass of Wine

Alcohol, for years, has gotten a bad reputation for having zero health benefits and numerous social implications. While this has painted it in a bad light which has, to some degree, influence 35% of adult Americans not to drink at all, it has also led to research to confirm the negative stigma associated with alcohol.

The research that resulted has led to some interesting conclusions. In 1992, a team of researchers from Harvard University released a report detailing the 8 best things to do to fight or prevent coronary heart disease. Shockingly enough to many people, moderate consumption of alcohol was on the list. The moderate intake of alcohol improves cardiovascular health. The key here is that the consumption must be moderate. Drinking a bottle of wine or a case of beer a day will not help a person's heart.

While the Harvard research did not specify what type of alcohol they meant, subsequent studies have revealed that red wine gives the consumer the most benefit. Red wine is largely seen to be the most beneficial, healthwise, form of alcohol. The cardioprotective effect is attributed largely to the antioxidants found in the skin and seeds of the various red grapes used to produce red wine.

The antioxidants help in three key ways. For starters, they reduce the levels of LDL (Low-density lipoprotein) or bad cholesterol in the body. Next, they boost or increase the HDL (high-density lipoprotein) or good cholesterol levels. For a final benefit, they reduce blood clotting. Reducing blood clotting may sound bad but it can have positive effects like preventing the formation of blood clots that cause strokes. Having a glass of red wine with a meal can even increase a person's lipids. This is a good thing.

In addition to contributing to cardiovascular health, red wine and the flavonoids provide other benefits. The key to the other benefits is the antioxidant resveratrol. Research suggests that the high levels of resveratrol in red wines may inhibit the growth of some types of tumors. This means that red wine may help people prevent cancer from forming. Also, resveratrol promotes the formation of nerve cells. As it is suspected that both Alzheimer's and Parkinson's have something to do with nerve formation, this can help a person treat or even sometimes prevent these diseases.

Any person that is considering taking up a glass of red wine a day should be aware of the best wines to drink. A study by a team of researchers from the University of California - Davis measured the antioxidant levels of a variety of red wines. As a general rule of thumb, the sweeter the wine, the fewer the flavonoids. The best reds to drink are Cabernet Sauvignon, Petit Syrah, and Pinot Noir. Merlots and Red Zinfandels are less potent than the other three wines but still have some benefits. White wines have significantly fewer flavonoids than their red counterparts.

For more information on alcohol and its effects, please visit http://www.dallas-dwi-lawyers.com.

Tuesday, May 11, 2010

More About Everyday Heroes

Sam (not his name) works at the local oil change franchise. He's been there a long time. My wife started going there in 1992 when she moved to Overland Park, KS and Sam was there then. Sam is a hero to me.

Sam works three jobs. He works full time days at the oil change place, nights at the Post Office and on weekends at a local BBQ franchise. Today I went in for an oil change and for the first time I saw Sam sitting. He told me that business was really slow and that they were just trying to keep the doors open.

Usually Sam is busy cleaning the restroom, sweeping the floor, waiting on customers, and/or helping the guys with the oil changing. He's always in motion normally. Maybe he moves a little slower of late because Sam also needs not one but two hip replacements. You can tell by the way he walks that he's in a lot of pain, yet he still has an ear-to-ear smile, a warm greeting and wants to know how the "Missus" is doing.

Sam is not only a hard worker but also a man of honor. For years he supported his ill wife and stayed married to her despite the marriage being beyond repair. Unlike some of our politicians and leaders who ditch their wives when they get sick or don't happen to be the Washington or corporate type, Sam stayed with her until she was well enough to be on her own. Then and only then did they divorce and Sam moved on by remarrying. He's very happy now and is looking forward to moving soon to Dallas to start a new life.

How many of us have that kind of integrity? How many of us would work three jobs to pay off debts and build a new life? I've never had to, but if faced with it, I don't know, as I would have it in me to take on that kind of load. Yet, there he is, year after year, shuffling around the shop keeping busy and smiling.

Sam is an everyday hero to me. He just keep plugging along like the Energizer Bunny. Nothing stops him from smiling. I want to be more like him. I think I know how.

Be Thankful

Sam looks to be thankful for each and everyday. I know he's thankful for his used car because he keeps it spotless. That tells a lot about somebody when they take care of what they've been blessed to have.

Be Cheerful
I've never seen Sam down. He's always got a smile and a kind word. We need more of that in this world right now.

Be Forgiving

I've had differences with Sam in the past. Though I was in the right at the time I handled it totally wrong. Sam never held it against me, and never mentions the situation. He has a forgiving nature and that goes a long way in my book. As a human I need a lot of forgiveness day in and day out from my fellow man.

Sam has taught me a lot by taking me back to the basics. Basics he probably learned as a child. Basics we all should have learned as a child. We just need to remember them and to start practicing them daily.

Monday, May 10, 2010

Discover The Truth About JFK's Assassination In Dallas

The chance for anyone in the world to turn JFK assassination detective has emerged, with details that 15 boxes of records and articles relating to the 1963 murder have been recently uncovered by the Dallas District Attorney's office.

The death of 35th US President John F. Kennedy has fascinated conspiracy theorists for close to 45 years, and now a recent cache of documents and other objects that were horded by deceased former Dallas DA, Henry Wade, have finally come to light. Non-indexed and in no particular order the documents have been uploaded to the web by the Dallas Morning News, who are asking anyone reading them who comes across anything unusual to bring it to their attention.

Discovered in mid-February and released to the Dallas Morning News by current Dallas DA, Craig Watkins, the files are alleged to have been kept by Wade as source materials for a movie about Dallas' part in the JFK assassination, but which never saw the light of day.

In addition to the documents a number of items of clothing were also found that almost certainly belonged to Jack Ruby and alleged Kennedy assassin Lee Harvey Oswald. Included amongst the documents is a transcript of an alleged conversation between nightclub owner Ruby and Oswald. This is particularly significant as two days after the President's assassination Ruby in turn shot Oswald in the basement of the Dallas County Jail. The box of treats also includes the official transcript of Ruby's court case for the murder of Oswald.

However, as with many of the disorganised documents, there is no indication whether the conversation between Ruby and Oswald actually took place, or whether it came from the fevered imagination of Wade constituting pages of his script for the failed movie project, provisionally entitled 'Countdown in Dallas'.

Many experts, including the curator of the Dealy Plaza Sixth Floor Museum, Gary Mack, have laughed off the idea of the transcript being anything other than a work of fiction. He points out that the language is all wrong, and it resembles the 'evidence' of a plot offered to the Warren Commission, which was also dismissed by the FBI.

But, that has not stopped the Dallas Morning News asking its readers to act as detectives and do a bit of historical, forensic 'crowd sourcing', and if they find anything 'interesting' to inform the newspaper. There is even talk about holding a convention at one of the bigger hotels in Dallas in a final attempt to uncover the truth about the Kennedy Assassination.

However, it is doubtful that anything in this newly uncovered cache of delights will change history or shed light on a subject that has been analysed to an infinite degree. But, unfortunately for the city, it will once again bring to the fore the part that Dallas played in JFK's assassination.

Sunday, May 9, 2010

Probable Cause In DWI Arrests

Driving home late one Saturday night, you glance in your rearview mirror and catch a glimpse of the dreaded red and blue flashing lights. The officer comes to your window and asks you to step out of the car. After some field sobriety tests, you're taken to the police station and charged with a DWI. You were out at a party, and your breathalyzer results are just over the legal limit of .08. Looks like case closed for you - right?

It's true; a large portion, even a majority of DWI-related arrests lead to a subsequent conviction in court. With so many laws requiring DWI suspects to submit to test after test, and wide use of breathalyzer devices despite fierce ongoing controversy over its reliability, it's little surprise that many people feel helpless when facing a DWI charge.

Unreasonable Search and Seizure - What it Means for DWI Arrests

The Fourth Amendment to the US Constitution states that: "The right of the people to be secure ... against unreasonable searches and seizures, shall not be violated ... but upon probable cause." This simple statement, in fact, is regarded as part of the highest law in the land, which means that it overrides and governs all other laws - including those associated with DWI. So, in short, despite having what appears like "ironclad" evidence in a DWI case, prosecutors cannot obtain a conviction if the initial arrest was made without probable cause.

The probable cause standard means that, in order to pull you over in the first place, a police officer must have a reasonable belief that you have or are committing a crime (driving while intoxicated). In court, a good DWI defense lawyer will question the presence of probable cause. Examples of valid probable cause include:

- Swerving erratically while driving

- Stopping abruptly for no reason

- Drifting between lanes

- Making excessively wide turns

- Driving at extremely high or low speeds

If the police officer cannot present solid justification that he had a good reason to pull you over, the violation of your Constitutional rights immediately voids any evidence against you resulting from the arrest, and your case is likely to be dismissed. For this reason, it is important that you try and note the following details during the arrest:

- Where you were going

- Your own level of intoxication (if any)

- What the police officer gave as the reason for the stop

- What the police officer asked you to do

Saturday, May 8, 2010

The Mysteries of Credit #10 - There is No Trick, it is Just Common Sense

You may think that your credit score is as mysterious as the Dallas cowboy's playoff troubles. The truth is that the problem is very understandable, well for your score not the football team. Your score is important because it can help you get approved on a loan for your home or a car, two things that are available at great deals right now, but it can also help you save a lot of money if you are approved. On average a person who has a mortgage with a bad score overpays each month by $400. Think about how much money you are wasting over a fifteen year loan if that is you? It is not worth it, especially when the solution to fix it is so simple.

Common sense plays a big part if your financial success and you can fix your score without a lot of effort. The old fashion way is to simply pay your bills on time each month and not over extend yourself financially. This method still works and is very effective but the truth is it can take months and even years to really work, especially if you have really hurt your number. The best way to fix it is hire your local credit repair companies here in Dallas. These companies are great because they can repair any number no matter the reason it is lowered including; law suits, foreclosure, repossession, identity theft, missed payment, over checking, bankruptcy and much more. The process of credit repair is very fast, effective, simple and extremely affordable.

If you understand the value of a good number you can appreciate the benefit a repair system like this can give you. It can save you hundreds of dollars a month and thousands of dollars a year, so why waste money, especially in these hard economic times.

Friday, May 7, 2010

On-Line Solicitation Of A Minor For Sexual Purposes - The Legality Behind The Charge

On-line solicitation of a minor for a sexual purpose, that is, with intent to commit a sexual activity with that minor, is one of the most investigated and targeted activities by both federal and state law enforcement in this day and age. The on-line solicitation as it is known as, is usually in the form of contact by electronic mail (e-mail), instant messaging, or other use of the Internet.

The contact with a minor (underage person), often a male contacting an underage female, becomes a violation of state and federal law when the conversation turns to content of a sexual nature to the extent that it appears that the contacting person is communicating in a sexually explicit manner with the contacted person.

Often, persons are prosecuted pursuant to these laws when a person arranges to meet the minor to engage in sexual activity. However, the person making the on-line communication may be prosecuted even if he does not follow through with contact with the minor, but rather merely communicates in a sexually explicit manner. Also, persons can be prosecuted here if they forward sexually explicit material to the minor.

Both the United States Code (federal criminal laws) and the Texas Penal Code (state criminal laws) contain laws against on-line solicitation of minors for a sexual purpose. Below is the law in state courts in Texas against solicitation of a minor using the Internet (on-line solicitation), as set out in Texas Penal Code Section 33.021:

ONLINE SOLICITATION OF A MINOR (Texas Penal Code 33.021)

(a) In this section:

(1)"Minor" means:

(A) an individual who represents himself or herself to be younger than 17 years of age; or

(B) an individual whom the actor believes to be younger than 17 years of age.

(2) "Sexual contact," "sexual intercourse," and "deviate sexual intercourse" have the meanings assigned by Section 21.01.

(3) "Sexually explicit" means any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct, as defined by Section 43.25.

(b) A person who is 17 years of age or older commits an offense if, with the intent to arouse or gratify the sexual desire of any person, the person, over the Internet or by electronic mail or a commercial online service, intentionally:

(1) communicates in a sexually explicit manner with a minor; or

(2) distributes sexually explicit material to a minor.

(c) A person commits an offense if the person, over the Internet or by electronic mail or a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person.

DEFENSES TO AN ON-LINE SOLICITATION CHARGE
The following are defenses to the On-Line Solicitation of a Minor per Section 33.021 of the Texas Penal Code, and are contained in paragraph (e) of this statute:

(e) It is a defense to prosecution under this section that at the time conduct described by Subsection (b) or (c) was committed:

(1) the actor was married to the minor; or

(2) the actor was not more than three years older than the minor and the minor consented to the conduct.

The following are not defenses to this state statute of on-line solicitation, as per the statute itself, Section 33.021. This portion of the statute actually prevents a person from claiming that he was not serious about the content of the communication with the minor:

(d) It is not a defense to prosecution under Subsection (c) that:

(1) the meeting did not occur;

(2) the actor did not intend for the meeting to occur; or

(3) the actor was engaged in a fantasy at the time of commission of the offense.

Thursday, May 6, 2010

A Brief History of DWI Law

The first law against drunk driving was passed in New York in 1910. Before long, every state in the US had banned driving a car while intoxicated, which is presumably more dangerous that riding a horse in the same state. These early laws did not specify a maximum BAC (blood alcohol concentration) or describe tests to be administered to the person accused of drunk driving. They merely stated that one should not drive drunk and left it to police officers and judges to enforce this how they saw fit.

The first maximum BAC for driver was set in 1938: that year, it became illegal to drive with a BAC over .15, or 15%. This number was based on studies conducted by the American Medical Association and the National Safety council, who both agreed that research showed a person with a BAC under .15 could still drive reasonably well.

This remained the law throughout most of the US until the 1970's. At that time activist groups such as Mothers Against Drunk Driving (MADD) began campaigning for stricter DWI laws and more vigilant enforcement. Prior to this time, DWI was not considered an overly serious offense, and police officers would not always enforce it very strictly. MADD (and its student group, SADD) felt that too many preventable deaths were resulting from this relaxed attitude towards driving while intoxicated. They successfully pressured most states into lowering their maximum BAC to .10. Now, due to the influence of the federal government, all states have a maximum BAC of .08.

Other important changes to the law followed. MADD's involvement was one of the factors contributing to congress's decision to raise the drinking age back to 21. Of course, MADD was not the only group paying attention to this issue. From the 1970's until now, people have become more concerned and less tolerant of DWI offenses. Sobriety checkpoints have become acceptable, when at one point they were widely considered unfair or even unconstitutional. For drivers under the age of 21, the BAC has been lowered to .01, because legally they should not be drinking at all (even though in some states, such as Texas, minors are allowed to drink in the presence of a legal guardian.)

One current controversy in DWI law is the question of the role law enforcement is meant to play in addressing this problem. If a person is convicted of driving while under the influence of drugs or alcohol, should they be punished or rehabilitated? Is the punishment approach failing to effectively address the problem, or is the rehabilitation approach merely letting people off too easy?

Wednesday, May 5, 2010

The Various Professional Sports Teams Located in Dallas

Dallas, Texas is known as a typical southern town with a lot of southern belles and good ole boys that love their hometown and are proud to often use the term, everything is bigger in Texas. Texans love their sports and the city of Dallas has a great selection of professional sports to watch including the Dallas Cowboys football team, the Dallas Mavericks NBA team, The Dallas Stars hockey team and the FC Dallas soccer team says a Frisco lawyer. Because there are no major college sports teams in the Dallas city limits, their professional teams have huge fan bases, especially the Dallas Cowboys as football is king in Texas according to a Frisco attorney.

The Dallas Cowboys have often been referred to as "America's Team" and have won five Super Bowl championships. They currently play in the newly constructed Cowboy Stadium that was completed in 2009 and is located in Arlington which is just outside of Dallas. Because of their enormous fan loyalty, they have had the most sell out crowds out of any NFL team and were said to be the wealthiest NFL team with the largest revenue earnings by Forbes magazine. Their greatest rival is the Washington Redskins and Sports Illustrated wrote that this is one of the greatest rivals in football history. Some of the greatest past players for the Cowboys have been Roger Staubach, Michael Irvin, and Troy Aiken just to name a few. Their cheerleaders also are the most recognized and popular cheerleading squads in the NFL with their famous short shorts and white cowgirl boots.

For basketball fans, the fans can go to see the Dallas Mavericks play at Reunion Arena. They are a fairly new team as the former NBA team in the Dallas area was the Dallas Chaparrals who later become the San Antonio Spurs. The Mavericks got their start in 1980 under first head coach Dick Motta. Some of the best known players for the Mavericks have been Jay Vincent, Derek Harper and Tim Hardaway. Current player Jason Kidd has the largest fan base.

Also sharing the space at Reunion Arena is the National hockey League team of the Dallas Stars. The team started in 1967 as the Minnesota North Stars and moved to Dallas in 1993 where they modified the name to just the Stars. They have had a solid playing record earning the President's Cup two times which is given to the team with the best overall record. They also won the coveted Stanley Cup championship in 2005 against the Buffalo Sabres in front of a sell out crowd in their hometown rink.

The final professional team in Dallas is called FC Dallas and is the Major League Soccer team there. Their full name is Football Club Dallas and is based in Frisco, which is a suburb of Dallas and were formerly known as the Dallas Burn that got their start in 1996. They play in Pizza Hut Park which a newly built stadium made just for soccer and holds over 20,000 fans.

Tuesday, May 4, 2010

What to Expect if You Have a Broken Lease With an Apartment

I have a broken lease!

The vast majority of apartments will not work with you if you owe another rental property money or break a rental lease. The properties that will work with you have different qualifying criteria. Almost without exception the property will want to know you have re-established your rental history. A few of them will want extra deposits and it's usually dependent on how much you owe the property you broke your lease at. Apartments can go back to the beginning of time when verifying rental history. Even owing a property 10 years ago can easily get you denied.

I have a broken lease out of state!

Once a broken lease is reported to the credit bureau it will show up no matter where you are. If you owe a property money most of them will not work with you. In effect a broken lease out of state is the same as a broken lease with a local apartment Your options will remain the same...make payment arrangements or go to a property that will work with you.

I do not have a broken lease, but I owe a property money!

Usually that means you owe a cleaning fee are something along those lines. Again... apartments not work with you. But usually the amounts owed aren't that much and you can make arrangements to get them paid off.

I have a broken lease. but my credit is good!

Many apartments especially newer ones, use a point system like Saferent or Credit Retriever. If you score in the except range and your background checks out some of them will work with you. But most apartments will automatically deny you if you owe another property money.

I have more than one broken lease!

Difficult... but not quite impossible. They will hit you with an extra deposit and might require a co-signer. The extra deposit can be as much as a months rent. Sometimes first and last months. Very few apartments will do this.

I have a broken lease and rough credit!

There are a small number of apartments that will work with you but you must have re-established your rental history and it must be verifiable. Living with your mom, aunt, cousin or uncle may not count as rental history in many rental properties. Just because you are not currently on a lease d does not mean you d do not have verifiable rental history.

I do not have a broken lease, but my roommate or spouse does!

Most rental properties will not put your roommate on as an occupant. Everyone over 18 occupying the apartment must be on the lease and qualify to live there. You could easily be denied. There are still a few properties out there that will work with an occupant situation but there getting harder and harder to find. Its ridiculous when people making $50,000 to $100,000 a year can't qualify for a $500 a month apartment... but its a fact.

I have an eviction!

This is a bigger problem than a broken lease. Even apartments that will work with a broken lease may not touch an eviction. The reason is they had to take you to court. This is a major expense for properties, not to mention a hassle.

I am in a lease right now and I want to break it!

Stop...take a deep breath. Are you sure that's what you want to do? Breaking a lease with an apartment in is a major cause of denials and severely limits the number of rental properties you will qualify for. It will stay on your credit forever, are until you take care of it, and of course, you will be denied at most places you go to.

What are payment arrangements?

Before your broken lease goes to collections you have a window of opportunity to make arrangements to pay your lease off in small AFFORDABLE payments. The manager will give you a letter saying that your making arrangements and many apartments will work with you. There are many, many properties that will insist it be paid in full before they will work with you.

I have made payment arrangements. Why was I denied?

Most rental properties want your broken lease paid in full before they will accept you. Luckily there are some properties that will work with payment arrangements. What this means is you go back to the property you broke your lease at and tell them you want to pay off your broken lease. The arrangements can be $20, $30, $50 a month, and maybe more. Whatever you agree on with the property manager. NEGOTIATE... Make your first payment and get a letter stating that you have made arrangements to pay off your broken lease. Then with that letter... you can go to the apartments that will work with you. It is important that you continue making payments or the property will put it right back on your credit.

I co-signed for a friend and they skipped on the rent!

You have a broken lease....sorry! You can dispute it on your credit or hunt down your friend and have them make payment arrangements. But you are responsible from the apartment's viewpoint.

How to legally break a lease.

If your in the military and being transferred or re-deployed ...no problem!. Otherwise, you will have to pay a re-let fee. Usually 85% of a months rent. Sometimes you will have to pay back concessions as well. (say you got $250.00 off your first months rent) Many apartments in will hold you responsible for the rent until it is leased again. That's the scary part ... be sure and clarify that with the manager. No property can collect 2 rents on the same unit at the same time. Talk with your apartment manager and be crystal clear that you understand their policies regarding re-let fees.

I am getting mail from a collection agency concerning my broken lease!

This means it has been reported to the credit bureau and is now on your credit report. Your broken lease is official. You will have to pay it off, make payment arrangements or find a rental property that will work with you. When you find yourself here you almost have to work with a apartment locator or realtor.

I broke a lease but I had a very good reason too!

For all practical purposes an apartment lease is ironclad.... let me repeat that...IRONCLAD. If you absolutely have to break an apartment lease agreement, talk to your manager or landlord first, explain your situation and try and make payment arrangements with them. Most of them understand and will work with you. Some of them will bend over backwards. Property managers can be sympathetic but remember they have heard it all. There are procedures they must follow to the letter of the law. That's why most of them cannot take partial payments (all though many will... for a while.) In practical terms most people break a lease because they lose their job are or getting a divorce. Sometimes a family member gets sick. Sometimes its an abusive situation. Sad as it may be... none of these things will matter if you do not fulfill the terms of your lease agreement....sorry.

Somebody broke into my car and I left!

Nobody wants to live in fear, but an apartment lease agreement is ironclad. That means you will end up with a broken lease. I have seen apartment managers let people out, but usually it's just one of those unfortunate things, from the apartments point of view. Definitely tell the manager and call the police. Whatever happens will be at the manager's discretion. Be thorough and have documentation when you talk to him/her.

They said I did not give a 30 day notice!

Apartments are very strict about this. You must give proper notice and they must know you have given proper notice. Write it, date it and make an extra copy for your records. DO NOT JUST DROP IT IN THE NIGHTBOX. In spite of the fact you have fulfilled the time on your lease you could still end up with a broken lease because you didn't give proper notice. Worse still...you could be denied at the next property your looking at. Most properties want you to give notice no later then the 3rd. There are quite a number of apartments that make you give a 60 day notice . Be sure you know exactly what the policy is. Oh...and one more thing! Just because you have lived there five years, paid your rent on time and have been an ideal tenant, do not think they cant break your lease without proper notice.