Nothing hurts more than losing a loved one. It is a tragic fact that many wrongful deaths occur as a result of negligence. A wrongful death lawsuit can’t bring the person you love back, but they can help you get compensation for your loss.
A wrongful death action arises when a person is killed as the result of negligence, product liability, or malice on the part of another person. Negligence might occur in a situation like an automobile or airplane accident, an accident at a workplace, or medical malpractice. The manufacturer of dangerous products might be strictly liable for deaths caused by faulty or unreasonably dangerous products, such as an unsafe automobile or drugs with dangerous side effects. Intentional violence that causes death can also be covered by a wrongful death lawsuit. In that situation the person or persons responsible may also be prosecuted under criminal law. Close family members and sometimes other dependents can sue to recover damages that result from a wrongful death.
Families of the victim often feel pursuing legal action will only increase their feelings of distress. Some families do not immediately realize the impact a wrongful death can have on their lives, so contacting a wrongful death attorney is always a good idea. Our attorneys understand the delicacy of wrongful death suits and will try to resolve the wrongful death lawsuit as quickly as possible in a sensitive, tactful manner.
Wrongful death suits can recover the expenses associated to the wrongful death itself, in addition to any loss of salary, benefits, pain and suffering, companionship, and other factors that will increase burden on the family already suffering a grave loss. Since all wrongful death suits will differ, we can help you determine what compensation each family member can seek based on the relationship between the wrongful death victim and the individual wrongful death survivor.
Our firm has the resources and knowledge necessary to expedite the wrongful death suit in a successful manner. While no amount of money can replace a wrongful death victim, one need not suffer financial losses because of someone else’s negligence.
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Isaacs, Devasia, Castro & Wien LLP – Employment Law Attorneys
The United States Congress enacted the first federal employment law in 1888. Now, more than 180 federal laws mandate how employers may and may not treat their employees. In addition, every state in the union has its own employment laws that employers must comply with.
Federal employment laws cover every phase of the employee-employer relationship: applying, hiring, training, working, paying, promoting, disciplining, and terminating the employer-employee relationship. How do employers, especially small to medium-sized companies, keep up with the ever-changing landscape of employment law? How do employers ensure that their employment decisions will not get them into hot water with the federal or state government?
Any qualified employment and labor law attorney will tell you that preventative advice and counseling is the best way for employers to keep from accidentally violating federal or state employment laws. Our attorneys work closely with employers and human resource professionals to help them understand the basics of employment law and keep their businesses in compliance with both federal and state regulations.
Our law firm advises businesses of all types and sizes on the following matters:
- Employment agreements, including confidentiality agreements and non-compete clauses
- Employee handbooks to disseminate company rules, policies and regulations
- Employment discrimination, including disability discrimination
- Family medical leave
- Wage and hour laws
- Sexual harassment
Isaacs, Devasia, Castro & Wien LLP – Sexual Harassment Attorneys
Workplace sexual harassment is illegal between employees, between a supervisor and an employee, and often between an employee and an outside contractor or vendor. The EEOC recognizes two types of sexual harassment. The first is known as “quid pro quo” harassment, or “this for that” harassment. Quid pro quo harassment occurs when an employee is offered an employment benefit in return for sexual favors. The second type of sexual harassment is known as “hostile work environment” harassment. A hostile work environment occurs when an employee is exposed to a pattern of unwanted sexual behavior, comments, or visual displays – such that the employee begins to fear coming to work. The employee must show that he or she has complained about the behavior to his or her direct supervisor and that managers have failed to take action to stop the harassment from occurring.
Because an employee’s record of complaint is key to proving a charge of hostile work environment harassment, it is important for employers to establish, publish, and distribute a clearly worded complaint procedure for employees to follow. It is similarly important for employers to keep records showing they take action in response to any complaints of sexual harassment.
Isaacs, Devasia, Castro & Wien LLP – Family Medical Leave Act Attorneys
The Family Medical Leave Act (FMLA) and its state-law counterparts require qualifying employers to provide qualified employees with up to 12 weeks of job-protected leave every year. The law also requires the company to maintain the employee’s group health benefits during such leave. The leave may be used for the employee’s own serious medical condition, to care for a family member with a serious medical condition, for maternity or paternity leave – or any combination of the above. The FMLA does not require companies to provide paid leave, but employees are usually allowed to apply any accrued paid time off toward their FMLA leave periods.
The FMLA applies to all public elementary and secondary schools, all public agencies and all companies with 50 or more employees in a 75-mile radius. Employees qualify for FMLA leave if they have worked for the company for at least 12 months or have worked at least 1,250 hours over the past 12 months.
In addition to providing job-protected leave, the FMLA also makes it illegal to discriminate or retaliate against an employee who has taken FMLA leave. The FMLA and its regulations are complex and at times confusing. Our firm can help your business stay in compliance and avoid costly penalties.
Isaacs, Devasia, Castro & Wien LLP – Abogados de Defensa Criminal
Defensa criminal
Cuándo usted es acusado de un crimen, la sociedad tiende a verle en una luz negativa, a pesar del resultado del caso. Nuestra empresa criminal de la defensa, sin embargo, se basa su misión en el ideal que cada persona acusada es inocente hasta demostrado culpable. Con este principio que sirve como la base de nuestro trabajo, nuestros abogados trabajan para defender incansablemente a clientes cargados con todos asuntos criminales que recorren de delitos secundarios y que relaciona con posesion de drogas y cargos de crimen grave por el homicidio.
A pesar de las cargas contra usted, nosotros trabajaremos para defenderle agresivamente en un tribunal de justicia. Representamos rutinariamente a clientes acusados con los crímenes siguientes:
- Crímenes Violentos
- Ofensas de Sexo
- Crímenes por Drogas
- Robo con fractura
- Robo
- Homicidio
- Delito de incendio
Ofensas de Sexo
Los delitos sexuales están entre las ofensas más graves criminales y a menudo pueden tener como resultado penas largas de cárcel. Además de tiempo de prisión, convicciones de delito sexual llevan un estigma social que es a menudo imposible borrar aún después de que usted haya servido su tiempo. Si usted ha sido detenido para una ofensa sexo-relacionado, es esencial que usted contacte a un abogado criminal informado de defensa en seguida. Nuestro estudio jurídico tiene a clientes de defender de experiencia cargados con una variedad de sexo-ofensas incluyendo, pero no limitados a, el exhibicionismo, la prostitución, actos lascivos en un lugar público, la posesión de pornografía de niño, batería sexual, la violación y violación reglamentaria. Nuestros abogados hábiles del delito sexual trabajarán para asegurar que sus derechos sean protegidos y para ayudar a mantener que su intimidad para protegerle a usted y familiares.
Crímenes de drogas
Siendo acusado de posesión o distribución de drogas a menudo puede tener como resultado penas duras. En ciertas jurisdicciones, aún la carga más secundaria de posesión sencilla puede ser castigado por una pena de cárcel o libertad condicional. Si usted ha sido acusado de un crimen de droga, usted debe buscar asesoría legal inmediatamente. Nuestros abogados tomarán el tiempo para conocer que su caso por adentro y por afuera y para idear una estrategia agresiva de defensa.
Investigaremos el proceso por que la evidencia fue obtenida por cada cargo. En muchos casos, las drogas son encontradas por aplicación de la ley durante una búsqueda ilegal. En estos casos, la evidencia obtenida no puede ser utilizada contra usted en un tribunal de justicia, dirigiendo la prosecución a dejar caer las cargos. Si la evidencia en su caso fue obtenida legalmente, nuestros abogados de defensa de droga a menudo pueden negociar con la fiscalia y encontrar alternativas para tiempo carcela que puede incluir sentencia o libertad condicional diferidas.
Crímenes Violentos
Si usted ha sido detenido para un crimen violento, usted debe contactar a un abogado inmediatamente. Los crímenes que son considerados violento en la naturaleza incluye, pero no es limitados a, el asalto, la golpiza, el homicidio, posesión ilegal de arma, amenazas de terroristia, violencia doméstica, secuestro y asalto en automóvil. Nuestro consejo criminal hábil de la defensa está disponible encontrar con usted sobre su arresto. Podemos explorar sus opciones y en ciertos casos, reduce la severidad de las cargos contra usted. Para asegurar que ninguna declaracion personal de ser-incriminando sean hechas, comunicaremos directamente con aplicación de la ley en su beneficio y le indicaremos en la mejor línea de acción para tomar para proteger sus derechos.
A pesar del tipo de crimen, nuestro estudio jurídico tomará el tiempo necesario para aprender que todo acerca de usted y el cargo criminal usted encara durante la consulta inicial. Nuestros abogados valorarán la fuerza de la evidencia contra usted y le aconsejarán en todas las opciones disponibles. Si necesario, tenemos la capacidad de realizar una investigación privada, testigos de contacto y obtener otra evidencia útil. Tratándole con el respeto supremo, nuestro estudio jurídico criminal de defensa agresivamente le representará para alcanzar la mejor resolución, si por un trato de súplica o ensayo.
Isaacs, Devasia, Castro & Wien LLP – Criminal Defense Attorneys
When you are charged with a crime, society tends to view you in a negative light, regardless of the outcome of the case. Our criminal defense firm, however, bases its mission on the ideal that each accused person is innocent until proven guilty. With this principle serving as the foundation of our work, our attorneys work tirelessly to defend clients charged with all criminal matters ranging from minor misdemeanors relating to drug possession to felony charges for homicide.
Regardless of the charges against you, we will work aggressively to defend you in a court of law. We routinely represent clients charged with the following crimes:
- Violent Crimes
- Sex Offenses
- Drug Crimes
- Burglary
- Theft
- Homicide
- Arson
Sex Offenses
Sex crimes are among the most serious criminal offenses and can often result in lengthy jail sentences. In addition to prison time, sex crime convictions carry a social stigma which is often impossible to erase even after you have served your time. If you have been arrested for a sex-related offense, it is essential that you contact a knowledgeable criminal defense attorney right away. Our law firm has experience defending clients charged with a variety of sex-offenses including, but not limited to, indecent exposure, prostitution, lewd acts in a public place, possession of child pornography, sexual battery, rape and statutory rape. Our skilled sex crime attorneys will work to ensure your rights are protected and to help maintain your privacy in order to protect you and your loved ones.
Drug Crimes
Being charged with possession or distribution of drugs can often result in harsh penalties. In certain jurisdictions, even the most minor charge of simple possession may be punishable by a jail sentence or probation. If you’ve been charged with a drug crime, you should seek legal counsel immediately. Our attorneys will take the time to learn your case inside and out and to devise an aggressive defense strategy.
We will investigate the process by which the evidence was obtained for each charge. In many cases, drugs are found by law enforcement during an illegal search. In these instances, the evidence obtained may not be used against you in a court of law, leading the prosecution to drop the charges. If the evidence in your case was obtained legally, our drug defense lawyers can often negotiate with the prosecution and find alternatives to jail time which may include deferred adjudication or probation.
Violent Crimes
If you have been arrested for a violent crime, you should contact an attorney immediately. Crimes which are considered violent in nature include, but are not limited to, assault, battery, homicide, illegal weapon possession, terroristic threats, domestic violence, kidnapping and carjacking.
Our skilled criminal defense counsel is available to meet with you upon your arrest. We can explore your options and in certain cases, reduce the severity of the charges against you. To ensure that no self-incriminating statements are made, we will communicate directly with law enforcement on your behalf and will guide you on the best course of action to take to protect your rights.
Regardless of the type of crime, our law firm will take the time to learn all about you and the criminal charges you face during the initial consultation. Our attorneys will assess the strength of the evidence against you and advise you on all of the available options. If necessary, we have the ability to conduct a private investigation, contact witnesses and obtain other useful evidence. Treating you with the utmost respect, our criminal defense law firm will aggressively represent you to reach the best resolution, whether through a plea bargain or trial.
Isaacs, Devasia, Castro & Wien LLP – Assault and Battery Attorneys
Assault and Battery
If you’ve been charged with assault or battery, you’re undoubtedly concerned about your upcoming trial, possible conviction and future livelihood. In the days ahead, it is absolutely critical that you consult with a criminal defense attorney who can help you navigate the complex legal system and create a strong defense strategy on your behalf.
Whether the charge brought against you is due to a misunderstanding, exaggeration or you were simply protecting yourself from the original aggressor, your attorney will make certain these facts are brought to light. An attorney will strive to ensure that you are afforded a fair and just trial. If you are convicted of misdemeanor or felony assault or battery, your attorney will advocate for a fair sentence as well as any rehabilitative resources you may need.
Differences between Assault and Battery
An assault occurs when one person places another person in fear or apprehension of imminent bodily injury. This can take place in the form of menacing threats, throwing a punch (but not actually hitting the intended target) or brandishing a weapon. Battery occurs when a person actually causes bodily injury to another person through the use of force, violence or a deadly weapon.
There are two classifications of battery: simple and aggravated. Simple battery occurs when an individual causes bodily injury to another person without the use of a deadly weapon or negligently injures another person with a deadly weapon. This crime is usually classified as a misdemeanor and carries a maximum jail sentence of less than one year.
Aggravated battery, on the other hand, is often categorized as a felony and carries a much more severe potential penalty. This type crime either involves the use of a deadly weapon to injure another person or occurs under a set of facts revealing the defendant’s alleged extreme indifference to the value of human life, resulting in bodily injury to another person.
Defenses to Assault and Battery
The law recognizes several defenses to the crime of assault and battery, the most well-known being self-defense. As you discuss the facts of your case with your defense attorney, it is vital to include all facts of the incident which may have given rise to your need to defend yourself. Your attorney may argue on your behalf that the alleged victim was the actual aggressor and you were lawfully protecting yourself from bodily injury. Another defense, known as defense of others, may be applicable if you were protecting a third person from the threat or imposition of bodily injury. Defense of property is applicable so long as the facts reveal you used reasonable force to recover your stolen property. The law generally condones use of deadly force to recover stolen property. Lastly, if the facts suggest you and your accuser were engaged in some sort of consensual activity, such as boxing or an athletic event, your criminal defense attorney may be able to argue the defense of consent.
Contact an Experienced Criminal Defense Attorney Today
The crimes of assault and battery carry potential felony convictions and lengthy jail sentences. If you are in need of a vigorous legal defense, contact our criminal defense law firm firm today for a consultation.
Isaacs, Devasia, Castro & Wien LLP – DWI Attorneys
In a concerted effort to reduce drunk driving, all states and most local counties have imposed strict laws against driving while intoxicated (DWI). If you are arrested and charged with drunk driving or driving under the influence (DUI), the consequences can be severe; you may lose your driver’s license, pay heavy fines, have your vehicle impounded and even receive a jail sentence. DWI convictions remain on your permanent criminal record and as a result, may interfere with your livelihood, causing you to lose your job or hinder future employment opportunities. With such high stakes, it is crucial that you contact a qualified DWI defense attorney as soon as you are arrested for driving while intoxicated.
Our law firm understands the anxiety and fear one feels after being arrested for drunk driving, and we will diligently represent you to ensure the best possible resolution for your case. We have a thorough understanding of sobriety tests and law enforcement protocol which can be part of an effective and comprehensive defense against the DWI charges you face. During our initial consultation with you, we will determine if there was police error, field sobriety test errors, inaccuracies, failure to follow proper protocol or administrative errors which may prove your innocence or lead to the dismissal of charges by the prosecution.
DWI cases are complex and the laws which govern them vary dramatically depending upon the state or municipality in which the charges are filed. Our attorneys are well versed in all local and state-wide DWI regulations and have experience interacting with police departments, prosecutors and the department of motor vehicles. If you’ve been arrested for DWI or DUI, contact our law firm today to speak with one of our knowledgeable attorneys who will fight on your behalf to ensure your DWI arrest does not turn into a conviction.
Isaacs, Devasia, Castro & Wien LLP – Domestic Violence Attorneys
Domestic Violence
Being convicted of a domestic violence charge can have long lasting negative effects on your ability to obtain employment, own a firearm or even see your children. If you have been charged with the crime of assault or battery against a family member, you must meet with a criminal defense attorney as soon as possible to ensure your rights are protected.
Domestic Violence and Abuse Crimes
Domestic violence is a specific type of assaultive behavior directed toward members of a person’s family or household. It generally includes spouses, parents, children, romantic partners, step-family members, grandparents and grandchildren. Allegations of assault against a neighbor, plutonic friend or co-worker cannot be categorized as domestic violence even if the parties maintain a close relationship.
The term domestic violence refers to several criminal acts when committed against any of the above-listed family members. You may face domestic violence penalties as a result of committing the crimes of offensive touching, menacing, sexual harassment, trespass, criminal mischief, sexual assault, terroristic threatening or reckless endangerment. In other words, if the prosecution can demonstrate that you committed these crimes against a family member, the penalties and sentence may be enhanced under applicable domestic violence laws.
Penalties for Domestic Violence
The judge in your case will be most concerned with ensuring the safety of the alleged victim. Depending upon the relationship of the parties, the judge may order a temporary or permanent no-contact order. If the complainant in your case is the parent of your children, this could result in a difficult situation in terms of custody and visitation. Individuals convicted of domestic violence also have difficulty obtaining or maintaining primary placement of their children and may even lose visitation rights as a result of the conviction.
In addition to the civil penalties described above, you could face an enhanced incarceration period due to present aggravating factors. This may mean you are unable to see your family for weeks or months, unable to maintain your job and be prohibited from continuing your life as before. Domestic violence defendants are not permitted to own or possess firearms and many are forced to undergo lengthy anger management courses and counseling as a provision of their sentences.
Given the life-altering nature of a domestic violence conviction, it is imperative that you retain an experienced criminal defense attorney who can work to protect your freedom and relationship with your family. If this is your first time facing criminal charges and your history is clear of other felonies and misdemeanors, your attorney may be able to obtain leniency for you as a first-time offender, which could result in a dismissal of the pending charges.
Isaacs, Devasia, Castro & Wien LLP – Homicide Attorneys
People often talk about homicide and murder as if they are the same thing. And both are used to describe the death of one person at the hands of another. Legally, though, they are very different.
The term homicide implies that one person is responsible for another’s death. Sometimes, such as in self-defense cases, it may not even be illegal. These cases are often called justifiable, excusable or non-criminal homicide.
The primary factors in how one will be charged are the intent and the circumstances.
Homicide by degrees of severity
Murder is always illegal homicide. It implies?and the prosecutor will attempt to prove?that the defendant not only committed the crime, but acted with malicious intent or criminal negligence (guilty act, guilty mind). Homicide is further classified by degree:
First-degree murder: Is pre-meditated?committed with “cruelty aforethought.” In some states, even unintentional murder may be charged as first-degree if it occurred during a crime like rape, kidnapping, robbery, or arson.
Second-degree murder: Is caused by dangerous acts or conduct.
Manslaughter: Can be voluntary or involuntary homicide.
- Voluntary manslaughter is the intentional, yet spontaneous killing of another. For example, killing someone in the “heat of passion.” Note that you can not just claim passion?the situation leading up to the death must be one that would emotionally or mentally unhinge a reasonable person. Some states use the term third-degree murder.
- Involuntary manslaughter is sometimes called criminally negligent homicide. It is usually the charge if you unintentionally kill someone through an unlawful or reckless act. For example, causing a fatal car accident while driving under the influence of drugs or alcohol is criminally negligent homicide. You can also be charged with involuntary manslaughter if someone dies because of your high level of negligence in performing a lawful act.
The consequences of a conviction are significant
Murder draws the most serious punishment, because society regards it as its most terrible crime. A conviction may result in a lenghthy prison sentence.
If you do receive less than a life sentence, when you get out you may find it very difficult to get a job or find a place to live. You will also have lost some of the basic rights of citizenship, such as the right to vote and own a gun.
Skilled criminal defense is essential
For any legal issue, it is smart to retain an attorney experienced in defending those accused of homicide. But it is absolutely essential when you need a criminal defense attorney ? particularly when going up against a murder charge.
You need a criminal defense attorney who will:
- Make an effective argue for dropping of or reduction of charges
- Investigate every aspect of the case
- Challenge prosecutor’s evidence
- Negotiate for a plea if appropriate
- Obtain for bail
- Strategize jury selection
- Be prepared to fight vigorously in court
And, if you are found guilty:
- Present mitigating factors that might reduce your sentence
- Appeal your case
- Represent you at parole hearings
If you’ve been charged with murder, contact our criminal defense attorneys for an immediate review of your case.