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GENERAL PRACTICE LAW FIRM

Client Oriented, Client Driven, Client First

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Miranda Rights- A Quick Guide

Posted on December 28, 2012 at 3:32 PM Comments comments (45)
We get a lot of calls from those accused of crimes that include this line "they never read me my rights". Well, while T.V. and movies have ingrained the recitation of these rights into our collective minds, the practice of "reading your rights" is often not important to an individual's case. It is not that the rights given are not important, it is what the remedy for not "reading your rights" that makes them less important to the everyday accused. First the rights only need to be read only if there is a "custodial interrogation", or in other words you are in police custody and they are questioning you. There are several exceptions to the "custodial interrogation" rule, most of which favor law enforcement. Of these exceptions the most commonly encountered are an ongoing emergency and basic information. If either of these exceptions occur then the police do not have to read you your rights, and may question you. Secondly, if you are due a reading of your rights and the police fail to do so then the remedy is not that your case is dismissed, the proper remedy is that whatever you said while you were questioned without the reading of your rights cannot be used against you. In other words, the only effect a failure to Mirandize has is that any statement given cannot be used against you. To sum it all up, you only need to be Mirandized if you are in custody and being questioned, and if the police fail to do so it only protects your statement, nothing else. 

This blog is not legal advice, but a general explanation of the law that is not specific to your case, if you have one. If you have questions concerning your rights, a recent police interaction or any other legal issue please contact either General Practice Law Firm or another attorney for a proper application of the law to your case.

Gang Stalking- New Name, Same Old Problem

Posted on November 26, 2012 at 10:05 AM Comments comments (143)
Gang Stalking is exactly what the name implies, several stalkers working in concert to drive you crazy. Sounds like a problem? Gang stalking can be a very big problem for the person being stalked. First, it is usually unknown to the victim that they are being stalked (at least it is unknown who and how many people are stalking them).Second, the use of tactically coordinated efforts can overwhelm victims. Finally, the scariest element to Gang Stalking is that the intention is usually to ruin a person's life (loss of jobs, relationships, etc.), and sometimes it is done merely to make the person commit suicide.  Despite all the sinister ways surrounding this activity, none of this is new in the stalking world. What makes Gang Stalking "new", is the way that social media has allowed this to be come easy. Gang stalkers can now coordinate their efforts across Twitter and Facebook, allowing for extreme efficiency. Also,gang stalkers can use social media sites to further destroy the victim (i.e. Facebook bullying). Now if you are being gang stalked there are some things you can do:

1. Shut down your social media (its hard to bully an inactive Facebook page)
2. Attempt to identify your stalkers (may be easier said then done)
3. Record, everything (evidence of this activity is often hard to come by)
4. Call the police (once you know who it is)
5. Do not take it lying down (the gang's goal is to make you quit on life, do no let them win)

Gang Stalking is a problem and it needs to be addressed. Please, if you are a victim of Gang Stalking, follow our tips, contact the authorities and stay strong. 

5 Tips on Identifying E-Mail & Text Scams

Posted on November 20, 2012 at 11:46 AM Comments comments (60)
Everyone gets e-mail scam letters, including law firms. I received one today and thought it would be a good time to give out some tips on identifying email scams.

1. Too General- scammers send out a lot of e-mails so they do not have time to truly read what you are selling, doing, or offering. If it states something like "I am inquiring about your item for sale", or "needing your services" without further specifications, it is likely a scam.

2. Language- scammers are often from other countries and English is not the first language. Extremely poor grammar is a red flag. The BIGGEST red flag in my opinion is the use of "The Queen's English". Scammers will often use UK style language such as calling ads "adverts", calling their residence a "flat", or using ". " instead of "," in numbers (i.e. 250.000, instead of 250,000). 

3. They Live Out of Town- scammers never live in your town, they are often in far off countries where the FBI has the hardest time capturing them. This is the reason craigslist.com recommends only dealing locally. Scammers will never meet you face to face.

4. Cannot Call You- scammers DO NOT CALL YOU EVER. If they text you its probably from an IPhone texting app, not a real number. This is also one of the biggest red flags, they always have an excuse why they cannot call. Press them to call you and they will give you poor excuse after poor excuse. If you are unsure if your offer is a scam press them to call, scammers won't.

5. Too Good to Be True- this is a general good life rule that can also be applied to e-mail and text scams. Nobody pays double for items, nobody sends you excessive shipping, and nobody is willing to give you thousands of dollars for simple tasks. Too good to be true = Not true.

Thanks Again- Except You Scammers

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