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Are you a Prey of Cyber Bullying?
Al Rowaad Advocates & Legal Consultancy
Are you a Prey of Cyber Bullying?
Law Articles | February 19, 2021 #cyberbullying
A CLICK is all it takes to ruin someone’s life. Snapchat, Instagram, Facebook are some of the few common social media platforms to share pictures, messages, and videos. The Internet is a vast world that has made it easy for everyone to connect virtually.
The presence of these social media websites gave us the opportunity to connect with people to make friends online and exchanges pictures, messages and videos. However, sometimes specific messages, pictures or videos socially embarrass us in the virtual world, and we name it cyberbullying.
The era of technology as we say it has made it inevitable for us to ignore the technological devices used by us or most importantly by children. Indeed it has made life more accessible, yet, it poses a menace as children can easily misuse it. Some schools require children to have devices like laptops or tablets instead of books. Thus, it is pertinent for schools to understand the appropriate use of such devices and must educate children on the same. Accordingly, schools must strictly restrict children from misusing technology and engage in cyberbullying. Under the Dubai Schools Law, a school can face legal consequences if they were aware of cyberbullying activities happening and they failed to take any action. Criminal Lawyers in Dubai through this article will highlight the legalities surrounding the misusage of technology by young children and penalties that can be imposed if found guilty.
Controlled Access
There is no specific age to access the internet, and there is no law which restricts an individual below a certain age to access the social media or the internet. However, there are certain guidelines issued by the Telecommunications Regulatory Authority regarding the access of adult content. In addition, there are certain social media platforms which require a person of a certain age to access the website like Facebook only allows account where the user is above 13 years of age and parents of below age children might request for deletion of such account. These social media websites have though created rules and regulations for controlling access to underage children, however, they are not enough to legally constraint the child from having access to adult content or other unrestricted data.
Legal Protection from Cyberbullying
Any usage of electronic means to harass or embarrass a person either by sending a message to the concerned victim or his natives. It is merely bullying that has become digitalised. These social media platforms have made it easy to spread negative and hurtful information about victim leading to his/her serious breakdown. The Internet is a place when nothing ever dies; it remains there and so is content used for cyberbullying it will always remain constant.
There are enormous laws promulgated by UAE with the intention to protect the privacy and confidential information of an individual. In addition, there are laws to protect children rights such as Federal Law Number 3 of 2016 regarding UAE Child’s rights. Further, under Federal Law Number 3 of 1987 regarding the UAE Penal Code, Defamation is considered as an offence. Cyberbullying is also a kind of defamation through the usage of social media platform. However, one can also take the assistance of Federal Decree Number 5 of 2012 regarding Com-batting Cybercrime.
Comparing the provisions of Penal Code and the Cybercrime Law, it is more appropriate to seek recourse under the Cybercrime Law as the penal code does not specifically involve the content available or transmitted online through an electronic device. Article 20 of Cybercrime Law is an example of such comparison which states that anyone who commits the offence of slander whereby he insults someone by using information technology tool shall be punished with a fine not exceeding AED 500,000 and/or imprisonment. The offence is also punishable under Penal Code. However, the penal code does not define the medium used for slander as compared to cybercrime law. The punishment mentioned in the Cybercrime Law can be reduced for Juvenile in accordance with Federal Law Number 9 of 1976 concerning the Juvenile Law.
Cyberbullying can be undertaken by way of clicking pictures or making videos without the person’s consent or which is otherwise not authorized or were taken on the basis of trust and confidentiality. We have published several articles concerning the legalities concerning the images taken without consent. Severe penalties such as imprisonment or fine not exceeding AED 500,000 can also be imposed on those who use any material which considered as pornography, in accordance with Article 17 of the Cybercrime Law. The concerned provision not only punishes the use of any material it punishes all those who forward and save such data in their technological device. Further, imprisonment for one year and a fine not exceeding AED 150,000 will be imposed if the pornography material involves a woman less than the age of 18 years.
Measures to stop Cyberbullying
UAE government has provided several laws under which one can initiate legal action for any cybercrime. Cyberbullying can have a major impact on the life of the child as he or she is exposed to the social world. Any legal action against the accused can be disadvantageous for the victim as he or she may have to disclose certain information to the competent authority. UAE law has tried every bit to safeguard the interest of the child by not asking the child to attend the court, if not required.
Nevertheless, bullying is a serious issue considering it is digitalised and has no end. The material can be taken off from one device or some social media website, yet it can still be pulled out in future. Thus
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ABOUT THE AUTHOR
Al Rowaad Advocates and Legal Consultantancy is a full-service law firm in UAE, duly licensed to perform legal services and advocacy in the United Arab Emirates with a head office in Dubai and a branch office in Abu Dhabi. Our firm serves and represents both local and expatriate companies and individual clients.
7 Jail Bond Types You Should Know About
7 Jail Bond Types You Should Know About
OCT 04, 2021
Is your friend or a loved one unable to get out of custody because you don’t know the types of jail bonds available to them?
Unless you have prior experience dealing with the court system, chances are, you will have difficulties understanding how jail bonds work. This is even more difficult because you must explore the different kinds of bail bonds available to you.
If you want to secure the release of your loved one or a friend from jail, then continue reading this article to know the jail bond types available to you.
1. Surety Bonds
This bond is also referred to as a bail bond. It is commonly used when an individual cannot afford to pay the set bond by officiating judge.
The bond company sends an agent to court and pledge to pay the full bail amount with a legally binding assumption that the accused or relatives will pay back. You can consider Kissimmee.bail2go.com to assist you in getting your loved one or a friend out fast.
2. Property Bonds
This is a type of bond that uses personal possessions to ensure jail bail bonds are paid. The bond mainly targets large items like a car, house among others.
When this type of bond is issued, a defendant can lose their property. For instance, when they skip court appearances, the accused can lose property to cover the cost of bail.
3. Immigration Bond
Individuals arrested by federal Immigration and Customs Enforcement (ICE) requires immigration bond to be released. The defendant pays a premium to a bond agent, and the agency puts up the remaining amount to get them released from detention.
Failure to attend all hearings by ICE, they forfeit their bond, and an arrest warrant is issued.
4. Cite Out
The arresting officer issues this bail to the accused. It serves as a court summons for allegations cited by an officer.
If the accused fail to appear in court on a specified date, it can cause more legal trouble, including a warrant of arrest.
5. Personal Recognizance
This bond is the second most desirable of all jail bond types. The judge chooses to release an individual, hoping they will show up later in courts. No bail is needed to be paid.
If you fail to adhere to the conditions, you are taken into custody until you complete a trial.
6. Cash Bond
A cash bond means that the accused has to pay the whole bond amount in cash. A judge usually issues this bond if the accused is deemed a great danger to the public or due to flight risk.
7. Federal Bonds
Federal bonds are similar to immigration ones. However, Federal bonds are issued for federal cases. They work just like regular bonds.
Use the Above Information to Evaluate Jail Bond Types Available to You
If your relative or friend needs bail, then understand that there are different jail bond types available. Each of them is tailored according to the charges the accused is facing and also their financial situation.
Make a proper arrangement with a professional bail bond agency in handling surety, immigration, or federal bonds. Understand that some situations may require the defendant to remain in jail until a ruling is made.
We hope you’ve learned something helpful. If so, then be sure to check more exciting blog posts from our website.
#jail #bond #bailbond #crime
Types of Misdemeanor Crime in the United States
Types of Misdemeanor Crime in the United States
Law Articles | March 8, 2021 #crime
Is a misdemeanor a crime? It is very much a crime, however of less severe than a felony. Since such charges make it up to a person’s criminal record, the record’s expungement is a tricky yet straightforward process. It is always best to hire an expungement lawyer specializing in sealing misdemeanor charges for a convicted or acquitted person.
A person cannot merely understand the jargon of legal terms and the detailed documentation required. An expungement plea can get rejected just based on insufficient documentation. A qualified attorney eliminates the possibilities of such errors making the process much simpler and more comfortable for the person.
There are two types of crimes: the misdemeanor crime, and the second one is a felony. These are further divided into four subtypes: Petty Misdemeanor, Ordinary Misdemeanor, Gross Misdemeanor, and Felony. In this article, we will understand the difference between all four types of crimes.
What is a petty misdemeanor?
A petty misdemeanor is the lowest level of misdemeanor. It is not considered a crime. It cannot be treated as a crime as there is no jail term for committing a petty misdemeanor. The maximum fine for a petty misdemeanor is $300. Even though it is not treated as a misdemeanor crime, it enters the accused’s criminal record. They do show up in the background check for employment or even purchasing a property. Some employers may let go of the petty misdemeanor charges, but it depends entirely on their decision. Some misdemeanor examples of the crime are speeding, possessing a small amount of marijuana. A skilled criminal defense lawyer can help you get rid of the misdemeanor charges.
An Ordinary Misdemeanor
The very first difference between a petty and ordinary misdemeanor is prison time. If a person is convicted of a regular misdemeanor, he/she can serve up to three months in prison and even a $1000 fine. Less serious crimes are termed misdemeanor crimes. One way qualified attorneys use the ordinary misdemeanor is to lower the penalty in court by proving a crime under an ordinary misdemeanor. The prison sentence and the fine are comparatively much lower than a felony. Misdemeanors also get a probation period of up to 3 years. Some of the common misdemeanor examples are first offense Driving When Intoxicated (DWI) or Driving Under Influence (DUI).
Gross Misdemeanor
Gross Misdemeanor may be termed as a repeated ordinary misdemeanor. If an accused is repeatedly charged with a misdemeanor like drunk driving, prostitution can lead to a gross misdemeanor. Gross misdemeanors are placed between felonies and misdemeanors. Gross misdemeanor crime can get fined up to $3000.
Gross misdemeanor penalty leads to collateral consequences. These consequences are a fair warning to the citizens. Collateral Consequences are civil sanctions provided to the criminal that follow up to the criminal conviction. Some gross misdemeanor examples are revoking driver’s license, license to practice medicine, or any other license profession, finally leading to the collateral consequences of permanent residency loss. The probation period for a gross misdemeanor is up to 3 to 6 years.
Felony
Felony as a crime is punishable by prison time for more than a year. Any prison term less than a year is termed a misdemeanor. It is the highest form of crime, and even after completing the sentence, the release is a conditional one. Once convicted of a felony, the consequences may lead to losing some civil rights but not limited to possessing firearms, the right to vote, holding a public office, and serving in the military or any armed forces. Some of the crimes under felony are murder, burglary, extortion, etc.
Consequences of a misdemeanor crime
- You could lose your eligibility for educational assistance.
If you have committed a misdemeanor crime, getting students assistance in the future is difficult. For example, if a student is charged with possession of marijuana, a misdemeanor charge. It can be bad news. Even though students use marijuana for recreational purposes, it is still illegal to possess even a small quantity. If you are looking for financial aid or a college scholarship, it goes up to 2 years for a misdemeanor charge.
- Background Checking
A misdemeanor even of the lowest level is linked to the criminal record. Shoplifting for small items, speeding, or even possessing a small amount of marijuana may show up on the criminal record. Not all employers pay heed to a petty misdemeanor, but if you hope to join a grocery store chain or a small business, having a minor misdemeanor charge can mean a big thing.
- Misdemeanor costs money
A misdemeanor offense can cost money when it comes to a penalty payment, but it costs even more money in the future. Sealing a misdemeanor charge from the criminal record may take up to $2000 or even more, depending on the severity of the crime. In case a person wants to apply to migrate to a different country, a criminal record can be a massive hurdle to get a visa. In such instances, misdemeanor lawyers can assist the convicted person to a large extent to seal the misdemeanor criminal record. But even having to allocate a lawyer to expunge the record will cost a person the money in terms of fees for the lawyer and the court applications.
Why should you get a misdemeanor lawyer?
A defense attorney can tackle misdemeanor crimes in three phases where the accused is asked to plead for the offense as guilty, not guilty, or no contest.
In case of any scope of less or no evidence
The attorney can fight the case on the below grounds.
- Double Jeopardy
- Lack of probable cause
- Necessities and Duress
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ABOUT THE AUTHOR
Nike Jackson is a content enthusiast who loves to share the legal information which ads value to the reader's life. He specializes in writing user-specific content which the visitor would love to read.
Applying for Clemency in the US
Applying for Clemency in the US
By Robert Alan StewartSubmitted On March 05, 2021
Is Clemency an option for Jennifer?
In 2013 Florida woman Jennifer Mee was convicted of first degree murder and sentenced to life imprisonment without the possibility of parole.
BACKGROUND TO THE CASE
As a nineteen year old Jennifer contacted a young man through Facebook and he agreed to go on a date with her. Jennifer's motive was robbery and she arranged to meet the victim at an agreed location but at this place Jennifer's two male friends robbed him and it was during this process that Jennifer's so-called date was fatally shot.
Under Florida law, any person who participates in a fatal robbery is as equally guilty of murder as the person who did the actual killing.
There are several issues regarding Jennifer's case.
The first is that none of the trio ever intended to kill the victim but rather the one who pulled the trigger got carried away with the moment. If some drunk driver kills someone are the passengers as equally guilty of the crime as the drunk?
What Jennifer did comes under the definition of manslaughter according to any dictionary.
The second issue is the sentence of life imprisonment without parole. That does seem to be over the top when you compare Jennifer's case to so many other cases of murder. Her case is at the lower end of the scale. I have not seen any evidence whatsoever that Jennifer is a danger of reoffending if she was released into the community.
She had never been in any trouble with law enforcement prior to her arrest. It would be fair to say that career criminals come to the attention of police early in their teens but Jennifer was nineteen when arrested.
CLEMENCY OPTIONS
Is clemency an option for Jennifer?
It may or may not but it is worth a try.
The President has the authority to grant a pardon or clemency but this option is only available to those who committed a federal crime.. Jennifer's crime is a state one therefore she is not eligible to apply for a presidential pardon/clemency but does have the option of applying for a state clemency.
Ron de Santis is the Governor of Florida and he is the one to apply to. This needs to be on the official form. Jennifer as I understand it cannot apply herself.
There are services available that can help with the clemency application process which can help you to avoid mistakes and one of these is clearupmyrecord.com They are unable to give legal advice but help with the paperwork.
Jennifer does have a number of supporters who can do all of the paperwork. It would be better if there was someone from Florida who did all of this for her. I am from New Zealand which is a hindrance being so far away.
This is a call to anyone from Florida who believes in the cause to get involved and do all of this.
New Zealander Bob Stewart has been campaigning for Florida woman Jennifer Mee since late 2018. http://www.freejennifer.blogspot.com
Article Source: https://EzineArticles.com/expert/Robert_Alan_Stewart
#crime
Unpaid Wage Attorney - Do I Need Them?
Unpaid Wage Attorney - Do I Need Them?
Wage and hour abuse are too common. But if you don't get paid for that, it is disrespectful; it's illegal. However, if you face a similar situation, an unpaid wages attorney is the best person to save your interest.
You go to work every day, and you put a tremendous amount of effort into your job. You often exceed reasonable expectations to cover another employee's shift or to meet the deadline. Wage and hour abuse happens in all industries, affecting a diverse range of workers. Employees must get a minimum wage for all hours worked and get overtime when you work more than 40hours in a week.
The wage and hour laws are protected by federal law where it has special provisions to govern wage statements, pay for tipped employees, and employees in the hospitality industry. An unpaid wages attorney uses years of expertise and experience to fight for your rights.
Below are a few common wage and hour violations which an experienced unpaid wages attorney can counter on your behalf.
Failure To Pay Overtime
Employees must get an overtime rate of 1.5 times the regular rate when employees work more than 40 hours a week. Some common strategies employers use to avoid paying overtime:
• Paying employees a fixed day or weekly rate, no matter how many hours they work in a week.
• Paying the employee the same hourly rate for all hours after the shift.
• Refusing to include all reasonable work time while adding overtime pay such as travel time between jobs or time spent performing pre-shifts or post duties.
Failure To Pay minimum Wages.
Employees must get minimum wage as per state or local law. Employers often violate minimum wage laws by paying a fixed weekly rate and forcing employees to work for many hours. However, if you work twelve hours a day, five days a week, an employee is eligible for an overtime payout.
Violations To Tipped Employees
There are special rules for employees who receive tips. An employer shouldn't require tipped employees to pool their tips with employees who do not accept suggestions, such as chefs, food preparers, other kitchen staff. However, tipped employees are entitled to substantial money recoveries if employees fail to provide proper notice under the USA Law.
Misclassification Of Employees
Employees with important-sounding titles such as "administrator" or "manager" aren't eligible for overtime compensation. However, just because an employee is exempt from overtime does not mean that she is. You may be misclassified as your employer refuses to pay you overtime based on your false title to save money.
Working Off The Clock
Employees must get paid for all hours even the employer doesn't finally authorize the time. Off the clock work includes:
• Setting up a restaurant before a shift.
• Undergoing training during an employee's time.
• Responding to email during an employee's time.
An unpaid wages attorney is the right person to protect your interest and speak on behalf of you in court.
Prevailing Wages
If you win a public works contract as a contractor, you must pay your workers prevailing wages. The prevailing wage is a minimum wage set by federal law. If you think you aren’t being paid properly
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ABOUT THE AUTHOR
Akopyan Law Firm, A.P.C. is a Los Angeles based attorneys representing the clients in practice areas including employment law, personal injury, labor law, sexual harassment, pregnancy discrimination, unlawful termination, race discrimination, reasonable accommodation, bicycle and bus accidents, sex discrimination, overtime, unpaid wages, wage and hour, and more. To know more, visit https://www.akopyanlaw.com/attorneys/.
GET A FREE SMART HOME SECURITY SYSTEM
Protect Cars and Bikes
Protect Cars and Bikes
HOW TO PROTECT YOUR CAR
Always lock your car doors. Be certain all windows are completely closed. When driving, keep all doors locked. It is best to park in attended lots. If you must leave a key with the attendant, leave only the ignition key. In all cases lock your car. At night, park only in well-lighted areas. If you have a garage, the single lock on the door is inadequate to keep intruders from prying up the opposite side and crawling in. One of three methods may be used to secure
the door: (1) Add another bolt and padlock on the opposite side, or (2) Install a pair of cane bolts on the inside-only operable from the inside, or (3) Add a top center hasp. Any person of average height can operate this locking device. The hasp must be of hardened steel and installed with carriage bolts through the door or gate. Use large washers on the inside. After the nuts are secured, deface the threads of the bolt ends with a hammer to keep the nuts from being removed. In every case, use a minimum standard exterior padlock. Don't hide a key outside. Most hiding places are obvious to the burglar,
Never leave a padlock unlocked. This is an invitation to have the padlock removed so that a key can be made, and the lock returned to its position. Later, the burglar returns when no one is home and enters at his leisure, using this key.
HOW TO PROTECT BICYCLES
You don't leave your car unlocked, so treat your bicycle the same way. Use an approved chain and padlock whenever you are not on the seat! Lock it to the garage - with a 3/8" X 6 eye screw fastened to a stud. The eye screw should be at least 3 feet above the floor, because this makes using a pry bar much more difficult. Whenever you lock your bike in a public place, chain it to a secure rack or stanchion through the frame and a wheel. Keep the chain as high above the ground as the bike will allow. This reduces the leverage for a pry bar or bolt cutter attack,
MINIMUM STANDARD FOR APPROVED CHAIN must be at least 5/16" hardened steel alloy. Links must be of continuous welded construction. Lighter chain, or chain with open links simply will not withstand boit cutting attacks. Don't GIVE your bicycle away! Using anything less will invite its theft.
HOW TO PROTECT MOTORCYCLES
These expensive bikes require additional security measures. They must be secured with a mated 3/8" hardened steel alloy chain and a padlock of equal strength. Sheathed cable has not proven to be a satisfactory deterrent to theft.
LIGHTING
Good exterior lighting is important, particularly when the yard area is obscured by high, non-removable shrubbery. The best possible location for outside lights is under the caves. This makes ground level assault more difficult. You can buy an inexpensive timer or photo electric cell which will automatically turn the lights on at dusk and turn them off at dawn.
#crime
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