Mississippi Valley Sells

Question about cash bonds? Really need information.?

My cousin is locked up again. The last time she was locked up I posted the $650 cash bond for her. She didn’t go to her court date so a warrant was issued. That’s why she’s locked up now. Her attorney calls me today to ask if I will release the cash.

Right of surviviorship?

my uncle is power of attorney for my grandmother. my name was placed on here deed to her home as co owner with right of survivorship. it has been on there for three years and now he wants to put some other names on the house. the names that he wants to put on there are.

Settle in a divorce??rather than go to court??

Hubby and i are divorcing it is messy. My husband wants to sell everything?I want to keep our home but my attorney thinks it will be easier for all parties involved if we just sell the house that we bought for 389 grand now worth about 415 grand.Hubby also wants to.

Sexual harrsement?

I am seeking a sexual harrasement lawsuit . I have an attorney who has said it is a winnable case. but I m not happy with how he is handling my case it is often hard to contact him and he acts to busy to respond to my concerns plus he is not that close to where.

Should a judge state his personal feelings during a sentencing or remain unbiased?

recently while in court with a friend, the judge stated that a crime that he was sentencing at the time was a pet peeve of his.I’ve always thought that a judge was suppose to be unbiased.The man’s attorney didn’t seem bothered by this, so I was.

Should I appeal my probation violation or just do the time?

I recieved a probation violation for signing someone’s AA slips who wasn’t going to AA. Dumb thing to do, but not illegal. They gave me a probation violation for ‘bad behavior’ and each attorney I talked to said to fight it. ‘Bad behavior’ in all states with the.

Should I use a court appointed attorny to represent my son in a criminal case?

I have been trying to contact this court appointed attorney that is assigned to my son’s criminal case. It has been 3 days and he has not returned any of my calls. Should I hire an attorney to take over the case? How much.

Should I use a paralegal service or an attorney to file a simple chapter 7 bankruptcy?

Bankruptcy is document intensive. You can do it yourself, but go to bankruptcy court and get a petition and review it. See if you understand it. If you don’t, come back with more specific questions and we’ll try to help. It’s hard.

Should pharmacists be allowed to refuse filling prescriptions for reasons of conscience?

If a patient has gone to a doctor and received a prescription for medication, should a pharmacist be permitted to say ‘I’m not going to do it’ and deny the patient medication? I say no.fill the order or get another job. If I’m an attorney and I.

Should the attorney general be fired for his poor job performance?

or should george bush, ONE MORE TIME, GET HIS WAY? Have you noticed that W reaffirms his faith in his appointees just before he asks them to resign? (Rummy, Brownie, Ari, Snowy, etc.) I’ve been expecting the AG to turn in his letter of resignation any time now..

Statue of limitations for Personal Injury, an attorney filed a complaint for me in my county?

which is in Southern California on my behalf back in 2003 for personal injury against the City County and Sheriffs Department of that county. The reason was due to an injury I sustained while being arrested, my hand became numb due to a.

Stop mother in law from getting visitation?

I live in logan county Ohio, My ex mother in law is trying to get visitation to my son. however she is an alcoholic and is addicted to pain medication how can I stop her from enforceing grandparents rights in Ohio? Consult an attorney..in many states grandparents don’t have automatic visitation and.

Sueing someone for abuse and harassment?

My ex boyfriend has dragged me through the dirt for the past 8 months. He claimed we were common law married and we weren’t. I had a crappy attorney at the beginning and had them recused and now i have a really great attorney. I haven’t talked to my attorney yet about my.

Suicide or lawyer?

i seriously need an attorney for a brain injury that is causing me some legal troubles in my eveyday life.i live in michigan right on the border of wisconsin.i am having legal trouble in wisconsin and michigan.legal trouble meaning,contempt of court,bill collectors,missing important appointments.i have no sences of time or planning.and many other medical issues from.

Suppose you’re an attorney. In a case you’re presenting to a federal court, you argue that the person you’re d

suppose you going to jail – I think you’re missing something out. – Suppose I’m not an attorney. – Suppose you were smart and actually finished your question so we’d know WTF you’re talking about? There’s a novelty,.

The Power of Attorney?

Is there any way that an individual can have the power of attorney without filling out the proper forms when in fact one of their parent are not mentally stable? (for example: a father is dying of cancer, and is near his death, he wants to die at home and does not want to go.

Their is a policeman in our area and a few of this community?

police officers who are upsettting alot of famiies, a social worker said he is a glory seeker and that i should get together with other families to do something about this, we are but who do we make the complaints too The district attorney, a lawyer,.

This is a question I would like for an attorney to answer or someone that knows a lot about law.?

My husband was charged for a small amount of weed that was found in our house – I think it was either an old room mates or maybe it was ours from years ago. (cops searched our home after.

To find the ‘bottom line’ of what the outcome of the case was, where must the attorney look?

An attorney is looking for a precedent that she can cite when filing a motion with the court. To find the ‘bottom line’ of what the outcome of the case was, where must the attorney look? A. The holding B..

Today a lawyer told me she could not represent me what are all reasons why she could not?

Is she representing the other party or could it have been that she spoke with the other party and one or the other decided not to use that attorney or not to represent? Also, please if she is representing him since.

Unpaid child support?

hi. i need direction from someone who has been down this road or advice from any legal stand. i have a court order for child support. have recieved nothing since dec. 2006. get the run around from attorney general about what will take place next. their father is in a rehab for a program that last.

Was a Virginia University massacre avoided by gun toting students?

Had you heard this in the MSM? I had never heard of this one before. Why is that? On Jan. 16, 2002, Peter Odighizuwa, a 43-year-old student from Nigeria, walked into the Appalachian School of Law offices of Dean Anthony Sutin, 42, a former acting assistant U.S. attorney, and.

Web site address with listsof attorneys admitted to practice before united states patent & trademark office?

Any attorney can handle USPTO matters. However, patents are a particularly technical area of the law, and you’d do well to seek out someone with specialized knowledge if you’re working in that area. – I happen to have an immediate family member.

Do you feel more intelligent than your attorney ?

I AM an attorney, and take it from me, you could well be. The biggest complaint with attorneys is neglect – they take on too much work because they are greedy, and don’t pay enough attention. I try never to do that. Even though my partners pressure me to..

Do you still have power of attorney over a parent who has moved to another state?

Seeking information on what can be done and how.My parent is in need of my help but is living in a bad situation.I am in Va,she in NC and is elderly and disabled and has no place to live.I too am disabled and.

What are some Ethical Issues worth writing about?

I really need some advice, Thanks alot While in college I wrote a paper on a very controversial issue: euthanasia where I took the pro side. With the fairly recent Terry Schivo case, you could probably find lots of information on. Good Luck! – Why must an attorney report to the.

What are steps to filing suit ? Who buys stamp?

A legal suit is to be filed. Advocate is talking about buying a stamp. First he said he will buy, so I send him money. Now he say I or my power of attorney should buy it. I travel with my job so have to make time for all.

What are the steps to being a Real Estate lawyer or attorney?

It’s not so difficult. First you complete your B.A. or B.S. Then you go to law school. It helps if you take some courses in law school that focus on real estate, for example: Real Estate Transactions, Land Use, Real Estate Litigation. Do your best in.

What can a judge do in response to an objection by a lawyer?

a judge can do two things in response to an objection by a lawyer? could anyone tell me what they are? A judge will either sustain or overrule an objection. In some cases, the attorney who is overruled may request that the record note that he.

What can I do about a rude bankruptcy attorney who has made a couple of mistakes?

My husband and I have filed for ch. 13 bankruptcy in Texas. The attorney that he selected tends to range from nice to rude, especially when we don’t understand an issue. He tends to be a bit pompous when he responds to us..

What can I do if I want power of attorney over my parents but they will not consent?

Is declaring them incompetant the only possible answer? unfortunately yes.until they are proved to not beable to handle their own affiars they decide who holds a power of attorney for them. – Yes. – Pretty much. Good luck with that. If.

More Attorney questions please visit : LawFreeFAQ.com

As defined, a law firm is a business entity, which was formed by one or more lawyers to engage in the practice of law. It is an office where all the functions of an advocate are exercised, and where the regular course of business dealings of a lawyer is performed.

Just like any other law firms, Los Angeles Law firms impart legal services. They are the same with respect to the constitution, creation, and its components.

The difference lies mainly in the manner of their specialization. There are plenty of law offices in Los Angeles, as there are lawyers. Each law firm has its own line of expertise, just as a medical practitioner has its own specialization.

In Los Angeles, a great number of schools have sanctioned special programs of study akin to undergraduate majors. General practitioners in the legal profession have become less common, it had lost its trend in the legal career.

Specialization has become the trend of the future. Most schools in Los Angeles have now offered a formal program of specialization in a given area of the law. Some schools, however, keep specialization informal.

In present times, considering that the law is complex and has a variety of areas, it is a common practice nowadays, that a lawyer or law firm for that matter have a field of specialization.

Some Los Angeles law firms cater legal services in the area of torts-under it; we have personal injury, of family laws, of labor laws, mercantile law, banking laws, admiralty, taxation laws and other areas of law. Some firms are more inclined to specialize in criminal law and constitutional law.

The abovementioned areas of law are composed of several parts. Each part can be subject to specialization. As if for instance, in the area of family law, we have specialization in adoption laws – which cover inter-state and inter-country adoption, child custody, divorce, domestic violence and child support.

The evolution of specialization in the law profession brought so much change. General practice of law has lost its demand and utility. Specialization marks the set up of future law firms.

In Los Angeles, big law firms handled specialized cases. It is manifest how successful their venture to a particular special area of law. Some law firms in Los Angeles have become well known and had a full load of clientele. Some even becomes the authority in a particular area of law.

An observation could conclude that the profession has changed its course, so as the movement of law firms.

With this set up, the focus is concentrated on the specialized field. The efforts of a lawyer in attending to a clients cause are maximized. Consequently, the clientele has become limited.

The specialization broadened the knowledge of a lawyer to a particular field of law. The parameters are defined and it is expected that a high-level of practice be observed. The legal practice had become limited but effective.

These had become the prevailing practice in the law profession, especially in Los Angeles. Specialization had become the watchword in the legal profession.

Our Los Angeles law firm specializes in handling cases involving personal injury, employment law, social security and business law. Just link on our website and learn more about our distinguished team of expert lawyers.

Introduction & History-

The term Narco-Analysis is derived from the Greek word nark? (meaning “anesthesia” or “torpor”) and is used to describe a diagnostic and psychotherapeutic technique that uses psychotropic drugs, particularly barbiturates, to induce a stupor in which mental elements with strong associated affects come to the surface, where they can be exploited by the therapist. The term narco-analysis was coined by Horseley. Narco analysis first reached the mainstream in 1922, when Robert House, a Texas obstetrician used the drug scopolamine on two prisoners.

The search for effective aids to interrogation is probably as old as man’s need to obtain information from an uncooperative source and as persistent as his impatience to shortcut any tortuous path. In the annals of police investigation, physical coercion has at times been substituted for painstaking and time consuming inquiry in the belief that direct methods produce quick results. Development of new tools of investigation has led to the emergence of scientific tools of interrogation like the narco analysis test. Such tests are a result of advances in science but they often raise doubts regarding basic human rights and also about their reliability. Legal questions are raised about their validity with some upholding its validity in the light of legal principles and others rejecting it as a blatant violation of constitutional provisions.

A Brief Outline of The Narco Analysis Test-

The narco analysis test is conducted by mixing 3 grams of Sodium Pentothal or Sodium Amytal dissolved in 3000 ml of distilled water. Narco Test refers to the practice of administering barbiturates or certain other chemical substances, most often Pentothal Sodium, to lower a subject’s inhibitions, in the hope that the subject will more freely share information and feelings. A person is able to lie by using his imagination. In the narco Analysis Test, the subject’s inhibitions are lowered by interfering with his nervous system at the molecular level. In this state, it becomes difficult though not impossible for him to lie .In such sleep-like state efforts are made to obtain “probative truth” about the crime. Experts inject a subject with hypnotics like Sodium Pentothal or Sodium Amytal under the controlled circumstances of the laboratory. The dose is dependent on the person’s sex, age, health and physical condition. The subject which is put in a state of Hypnotism is not in a position to speak up on his own but can answer specific but simple questions after giving some suggestions. The subject is not in a position to speak up on his own but can answer specific but simple questions. The answers are believed to be spontaneous as a semi-conscious person is unable to manipulate the answers.

Wrong dose can send the subject into coma or even result in death. The rate of administration is controlled to drive the accused slowly into a hypnotic trance. The effect of the bio-molecules on the bio-activity of an individual is evident as the drug depresses the central nervous system, lowers blood pressure and slows the heart rate, putting the subject into a hypnotic trance resulting in a lack of inhibition. The subject is then interrogated by the investigating agencies in the presence of the doctors. The revelations made during this stage are recorded both in video and audio cassettes. The report prepared by the experts is what is used in the process of collecting evidence. This procedure is conducted in government hospitals after a court order is passed instructing the doctors or hospital authorities to conduct the test. Personal consent of the subject is also required.

Other associated truth finding tests-

Apart from narco test there are also other two kinds of tests which are popularly used on the convict for extraction of truth, these are-

I. Polygraph or lie Detection Test:

It is an examination, which is based on an assumption that there is an interaction between the mind and body and is conducted by various components or the sensors of a polygraph machine, which are attached to the body of the person who is interrogated by the expert. The machine records the blood pressure, pulse rate and respiration and muscle movements. Polygraph test is conducted in three phases- a pretest interview, chart recording and diagnosis. It was Keeler who further refined the polygraph machine by adding a Psycho-galvanometer to record the electrical resistance of the skin.

II. P300 or the Brain Mapping Test:

This test was developed and patented in 1995 by neurologist Dr. Lawrence A. Farwell, Director and Chief Scientist “Brain Wave Science”, IOWA. In this method, called the “Brain-wave finger printing”; the accused is first interviewed and interrogated to find out whether he is concealing any information. Then sensors are attached to the subject’s head and the person is seated before a computer monitor. He is then shown certain images or made to hear certain sounds. The sensors monitor electrical activity in the brain and register P300 waves, which are generated only if the subject has connection with the stimulus i.e. picture or sound. The subject is not asked any questions here. In USA, the FBI has been making use of “Brain mapping technique” to convict criminals.

Legal aspects of Narco Analysis-

Such tests generally don’t have legal validity as confessions made by a semi-conscious person are not admissible in court. The court may, however, grant limited admissibility after considering the circumstances under which the test was obtained. In the main, these tests can only assist police investigations. A few democratic countries, India most notably, still continue to use narco analysis. This has come under increasing criticism from the public and the media in that country. Narco analysis is not openly permitted for investigative purposes in most developed and/or democratic countries.

But the other view regarding the legal validity of narco analysis test is that it is used as an aid for collecting evidence and helps in investigation and thus does not amount to testimonial compulsion. Thus it does not violate the constitutional provision regarding protection against self-incrimination.

Narco Analysis in India-

A few democratic countries, India most notably, still continue to use narco analysis. This has come under increasing criticism from the public and the media in that country. Narco analysis is not openly permitted for investigative purposes in most developed and/or democratic countries. In India, the narco analysis test is done by a team comprising of an anesthesiologist, a psychiatrist, a clinical/ forensic psychologist, an audio-videographer, and supporting nursing staff. The forensic psychologist will prepare the report about the revelations, which will be accompanied by a compact disc of audio-video recordings. The strength of the revelations, if necessary, is further verified by subjecting the person to polygraph and brain mapping tests.

Narco analysis is steadily being mainstreamed into investigations, court hearings, and laboratories in India. However, it raises serious scientific, legal, and ethical questions. These need to be addressed urgently before the practice spreads further. Narco analysis has become an increasingly, perhaps alarmingly, common term in India. It refers to the process of psychotherapy conducted on a subject by inducing a sleep-like state with the aid of barbiturates or other drugs. In a spate of high profile cases, such as those of the Nithari killers and the Mumbai train blasts, suspects have been whisked away to undergo an interview drugged with the barbiturate sodium pentothal.

Narco Analysis from Constitutional & Legal Stand Point-

The main provision regarding crime investigation and trial in the Indian Constitution is Art. 20(3). It deals with the privilege against self-incrimination. It has its equivalents in the Magna Carta and the law of almost every civilized country. The privilege against `self incrimination is a fundamental canon of Common law criminal jurisprudence.

The characteristic features of this principle are-

-The accused is presumed to be innocent,

-That it is for the prosecution to establish his guilt, and

-That the accused need not make any statement against his will.

-These propositions emanate from an apprehension that if compulsory examination of an accused were to be permitted then force and torture may be used against him to entrap him into fatal contradictions. The privilege against self-incrimination thus enables the maintenance of human privacy and observance of civilized standards in the enforcement of criminal justice.

Art. 20(3) which embody this privilege reads, “No person accused of any offence shall be compelled to be a witness against himself”.

On analysis, this provision will be found to contain the following components:

-It is a right available to a person “accused of an offence”;

-It is a protection against such “compulsion” “to be a witness”;

-It is a protection against such “compulsion” resulting in his giving evidence against himself.

All the three ingredients must necessarily coexist before the protection of Art

20(3) can be claimed. If any of these ingredients is missing, Art. 20(3) cannot be invoked.

The application of narco analysis test involves the fundamental question pertaining to judicial matters and also to Human Rights. The legal position of applying this technique as an investigative aid raises genuine issues like encroachment of an individual’s rights, liberties and freedom.

Section 45 of the Indian Evidence Act, 1872 does allow experts’ opinions in certain cases.

However this section is silent on other aspects of forensic evidence that can be admissible in court in criminal proceedings.

The right against forced self-incrimination, widely known as the Right to Silence is enshrined in the Code of Criminal Procedure (CrPC) and the Indian Constitution.

In the CrPC, the legislature has guarded a citizen’s right against self-incrimination.

It is well established that the Right to Silence has been granted to the accused by virtue of the pronouncement in the case of Nandini Sathpathy vs P.L.Dani, no one can forcibly extract statements from the accused, who has the right to keep silent during the course of interrogation (investigation). By the administration of these tests, forcible intrusion into one’s mind is being restored to, thereby nullifying the validity and legitimacy of the Right to Silence.

Some Notable Events & Cases of Narco Analysis in India-

I. In a 2006 judgment (Dinesh Dalmia v State), the Madras High Court held that subjecting an accused to narco analysis is not tantamount to testimony by compulsion. The court said about the accused: “he may be taken to the laboratory for such tests against his will, but the revelation during such tests is quite voluntary.”

II. In 2004, the Bombay High Court ruled in the multi-crore-rupee fake stamp paper case that subjecting an accused to certain tests like narcoanalysis does not violate the fundamental right against self-incrimination. Article 20(3) of the Constitution guarantees this: “No person accused of any offence shall be compelled to be a witness against himself.” Statements made under narco analysis are not admissible in evidence.

III. In January 24th, 2008, a bench of Chief Justice K.G. Balakrishnan reserved its ruling after hearing arguments for three days from various parties, including Solicitor General Goolam E. Vahanvati and senior advocate Dushyant Dave, appointed by the bench as amicus curiae to assist the court in the case.

Telgi and his accomplices are facing probe by various states’ police and other investigative agencies for their alleged criminal acts.

These accused people have challenged the legality of the use polygraph, brain mapping and narco-analysis by the investigative agencies to probe the crime.

IV. The Bombay High Court recently in a significant verdict in the case of, Ramchandra Reddy and Ors. v. State of Maharashtra, upheld the legality of the use of P300 or Brain finger-printing, lie-detector test and the use of truth serum or narco analysis. The court upheld a special court order given by the special court in Pune as mentioned above, allowing the SIT to conduct scientific tests on the accused in the fake stamp paper scam including the main accused, Abdul Karim Telgi. The verdict also said that the evidence procured under the effect of truth serum is also admissible. In the course of the judgment, a distinction was drawn between “statement” (made before a police officer) and “testimony” (made under oath in court). The Judges, Justice Palshikar and Justice Kakade, said that the lie-detector and the brain mapping tests did not involve any “statement” being made and the statement made under narco analysis was not admissible in evidence during trial. The judgment also held that these tests involve “minimal bodily harm”.

V. A court in Kerala recently pronounced that no court order is required to do a narco analysis, Disposing of a petition filed by the CBI seeking permission of the court, the magistrate said that filing this type of a plea would only delay the investigation. The court said nobody could stand in the way of the investigating agency conducting tests recognized as effective investigation tools. When the technicalities of the test itself are not clear and uniform, it becomes difficult to accept the stand taken by the court.

The Degree of Admission of These Truth Finding Tests in Court-

Lawyers are divided on whether the results of Narco Analysis and P300 tests are admissible as evidence in courts. “Confessions made by a semi-conscious person is not admissible in court. A Narco Analysis Test report has some validity but is not totally admissible in court, which considers the circumstances under which it was obtained and assess its admissibility,” advocate P. R Vakil told rediff.com. “Under certain circumstance, a person may hold a certain belief. By repeatedly thinking about an issue in a particular way, he begins to believe that what he is thinking is right. But it need not necessarily be the truth,” Vakil explained.” Results of such tests can be used to get admissible evidence, can be collaborated with other evidence or to support other evidence. But if the result of this test is not admitted in a court, it cannot be used to support any other evidence obtained the course of routine investigation.”

Criminal lawyer Majeed Memon said, “If the courts give permission to conduct these tests, then only it can decide the admissibility of the test results and other related evidence. Such reports can be used as evidence or to support other evidence.” Another criminal lawyer Sham Keswani has a different view. “Such tests don’t have any legal validity. They can only assist the police investigation.” But, in case a person is not affected by the chemical, he might take some wrong names (to mislead investigators). The results of such tests can be used to support other evidence,” he said.

Conclusion-

Law is a living process, which changes according to the changes in society, science, ethics and so on. The Legal System should imbibe developments and advances that take place in science as long as they do not violate fundamental legal principles and are for the good of the society. The criminal justice system should be based on just and equitable principles. The issue of using narco analysis test as a tool of interrogation in India has been widely debated. The extent to which it is accepted in our legal system and our society is something, which will be clearer in the near future. In a situation where narco analysis is gaining judicial acceptances and supports despite being an “unreliable & doubtful” science, we have to seroiusly rethink about its legal and constitutional validity from human rights perspective.