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An Introduction to Gun Law

Posted by on 2:30 am in Gun Law | 0 comments

Due to the political conversation today, it is nearly impossible to avoid thinking about gun policy. While these conversations usually focus on keeping guns away from those who shouldn’t have them, they usually fail to adequately discuss handgun law.

There are many rules and regulations surrounding who is eligible to receive a handgun license, and breaking those rules can lead to stiff penalties. Keep reading to learn more about the intricacies of handgun license policy and what you can do to avoid punishment.

A Note

This blog will focus on handgun license policy within the state of Texas. If you’re outside the state, it is important to familiarize yourself with the rules in your specific location, as gun policy varies from state to state. 

However, even if you do not live in Texas, you may find this blog post helpful, especially if you need advice on how to avoid any harsh penalties if you’ve been accused of a handgun license violation.

Why You May be Found in Violation

Unfortunately, there are many different ways in which one can be found in violation of handgun license rules  in Texas. These include, but are not limited to:

  • Expired License: Just like with a driver’s license, your handgun license needs to be up to date if you are in possession of a handgun. If you are found carrying a handgun with an expired license, you can be found in violation of handgun license rules. Additionally, it doesn’t matter if you were aware or not that your license has expired. The amount of time you have to renew depends on how many times the carrier in question has renewed their license in the past.
  • Application Discrepancies: To receive a handgun license, individuals must file an application. The applicant requires all applicants to file out background information such as your citizenship status and criminal history. Misrepresenting your background information on your application, like not including any of your past run ins with the law, can land an applicant in legal trouble.
  • Child Support: This is especially pertinent to those who are required to make child support payments. If you are found to be behind on your child support payments, you can have your license taken away. Even worse, if you are found to be carrying your gun after your license has been taken away, you can be slapped with criminal charges.

Beating the Charges

Without a doubt, the first thing that you should do is to reach out to an attorney as soon as you can, particularly an attorney with experience representing those found in violation of handgun license rules. An attorney can help you beat the charges so you can avoid penalties like stiff fines and jail time and also get to keep your license. 

Even if you aren’t currently in violation of any laws, you can always talk to an attorney to discuss any of the conditions of your license, ask for help filling out the application, and get answers about any eligibility requirements.

Top Tornado Safety Tips

Posted by on 4:11 pm in Safety Tips | 0 comments

If you’ve been in a major storm in Texas, chances are you’ve heard a tornado siren go off at some point or another. Aside from the tornado drills that we learned in middle school, I didn’t grow up with a whole lot of knowledge on what I should do in case a tornado hits. However, as Grisham & Kendall, PLLC can attest, tornadoes can do a lot of damage!

Here are the best tips I could find on dealing with a tornado!

  • Go low

If you’re in a hurricane, go high. If you’re in a tornado, go low. Many houses in Texas have storm cellars in case of an emergency. If your house has one, take shelter there immediately!

  • Avoid windows

A shattered window means that glass and other shrapnel will be circulating throughout the air. Interior rooms are safer as they tend to have fewer windows and are therefore more protected from the storm. If you have no storm cellar, your bathtub or closet is the second-best place to be. Drag a mattress or couch cushion in there and lay under it- it will protect you from any debris that may cut or crush you.

  • Place your hands behind your head and neck

This is the first thing we learned during those elementary-school tornado drills. Your neck is vulnerable, so covering up is the best way to keep it safe. Crouch under a sturdy structure and firmly clasp your hands behind your neck. Remember: broken or cut hands are better than a broken or cut neck.

  • Get indoors immediately

The last place you want to be during a tornado is outside. Flying cars or other objects can kill you instantly. Seek shelter if possible. If no such shelter is available, stand by a sturdy building or lie down in a low ditch. If you decide to lie in a ditch, make sure there’s no rain, as ditches are especially susceptible to flooding.

  • Get out of your car

You won’t be able to out-drive a tornado. Trying to do so is more dangerous than it is worth, so abandon the car and seek shelter elsewhere, otherwise, you may end up being picked up and flung around.

  • Have an emergency kit ready

This can come in handy if you’re unable to leave your house for a while. In addition to having a first-aid kit, you should have plenty of food and water to last you a couple of days. A battery-powered radio can help keep you updated if the electricity is lost. Spare clothes are also good to have on hand, along with toilet paper and any phone numbers that may help you out in a crisis.

  • Be aware of the warning signs of a tornado

There are a few telltale symptoms of a tornado that you should keep an eye out for. These include dark or greenish skies, large clouds, and unusually large hail. If you notice any of these, take shelter immediately and wait for the storm to pass or a weather update.

The Benefits of a Professional Lawn Service

Posted by on 5:35 pm in Landscaping | 0 comments

I love a good clean yard. I used to think that I was capable of taking care of my lawn to the highest degree. Quite literally, I thought that I had the skills and experience necessary to craft the greatest, greenest, and cleanest yards that were physically possible in my property. But after seeing some truly stellar lawns online, I decided to do some research into the differences between professional and amateur lawn maintenance.

Turns out, there is actually a pretty big difference between what can be accomplished by someone who works in lawn care as their permanent occupation as compared to someone who takes care of the yard when they have free time and on the weekends. Below are some of the most common features that can be used to distinguish between lawns maintained by the pros versus the average joes:


You may not have ever used an edger, but they are pretty common for homeowners to attempt to use to really clean up their lawn. These devices, also known as weed whackers or trimmers, edge out smaller patches of grass that a lawn mower simply cannot reach.

Edgers are typically used to clean up the spaces in between a paved flower bed and the lawn. They are also pretty commonly utilized to clean out longer pieces of grass (or sometimes, weeds) that can grow between the yard and the curbside.

But the important thing about edgers is how they are true signifiers of a yard’s level of maintenance. Once you know what a lawn looks like when it has been edged or weed whacked, it is difficult to return to a standard of maintenance that does not include edging. It may be possible to ask a lawn company to edge a small part of your lawn, or to borrow a weed wacker from an experienced friend, to see the difference for yourself. If you like what you see, then you should pay for it to happen on a regular basis, per the growth of your weeds and grass requires.

Plant and vegetation assistance

Another example by which the experts like the lawn mowing professionals of Midwest Lawn make the case that professionals simply do it better is plants and vegetation. Some people have no sense of a green thumb. And yet, if a person has the choice between dead and rotting plants, or lively, growing vegetation, they will probably choose the latter!

How, then, does this relate to lawn mowing? Well, lawn care professionals are able to set their trimming guard on their mowers to the appropriate height in order to not cut too much into the species of grass in your yard. In addition, expert lawn care professionals are able to provide extensive services in thatch management and other solutions to incentivize healthy plant growth.

Fertilization and flower bed management are other amenities in which a lawn care professional will likely have more knowledge and experience. These are just some of the benefits that can be provided by simply paying a lawn care company to service your yard!

Understanding Bail

Posted by on 3:52 pm in criminal defense | 0 comments

Bail is one of those words that we all hear all the time, and yet most of us don’t actually know what it means. Recently, California passed a law that ended cash bail. Good? Bad? Who knows? Someone in the news is denied bail. Good? Bad? Who knows?

This may not seem like something worth knowing about, but that’s only because you haven’t ever needed to understand it…yet. None of us can be certain that we won’t need to ever post bail, either for ourselves or someone we know.

Because of that, we should all have a decent idea of just what bail is.

Thankfully, Horst Law in Nashville has provided a pretty comprehensive explanation of the process for us.

Before getting to how you post bail, we have to talk about a few basics. First, we should discuss why bail exists at all. Bail exists to ensure a person who has been charged with a crime shows up in court. The idea is that if there is no financial incentive to show up, far more people would simply run away after they’ve been charged. If you pay bail, you only get that money back once the person charged shows up in court to face those charges.

Next, we need to know how bail is determined. According to Horst Law, this can happen in two ways. A bail amount can be set for small crimes within the first day. Otherwise, the police can request a judge to set the amount, which can take up to five days.

Until the amount of the bail is determined, there’s not much you can do to get out of police custody.

Now that there’s a bail amount set, you can pay it in several different ways. You can put the whole amount up in cash or check. You can also put property up as collateral for your bail. Finally, you can get a bail bond through a bondsman. This typically means you put up about 10% of the bail and the bondsman then provides you with a bond. If the person then fails to show up for their court appearance, though, you may owe the bondsman significantly more than the initial bail costs.

Remember, again, that you do get bail back so long as the accused shows up to face charges. In that case, it is really just about having the money or property on hand to handle the initial cost.

However, if that person doesn’t show up, you will forfeit the bail costs. So, if you are ever asked to post bail for someone, be sure they are a person you can trust to show up for their court appearance. Otherwise, you may be putting your house or your savings at risk.

I hope this helps anyone who will ever be in the unfortunate position of needing to provide bail for either themselves or for someone they know. These are just the basics, but I hope this outlines exactly why someone needs bail and what the risks are for you.

The history of the lawn

Posted by on 3:57 pm in Landscaping | 0 comments

There are few things quintessential to the American image as the perfectly cut lawn. If the ideal of America since the 1950s has been the suburb, the greatest hallmark has been the uniformity of the grass out front of every uniform house.

But why is that? Why does America spend so much on landscaping every year just to create a plant that serves no purpose? Especially when that plant is meant to just look like everyone else’s?

According to Scientific American, the answer is in the question. The desire for uniformity, or excelling at uniformity is a form of a status symbol that America has cultivated in the suburbs. While city dwellers show little interest in this point, suburban Americans work tirelessly not just to have a lawn of equal standing to their neighbors, but to surpass their neighbors in quality. That means no weeds, softer grass, and constant maintenance.

The history of grass outlined in the article is fascinating in its own right. The grass that most think of as so quintessentially American is actually an import from Europe and Africa. Kentucky bluegrass, for instance, which is now the favorite choice of American lawn growers, came from Africa. Even things like dandelions and other weeds were not found here when the first settlers arrived. They piggybacked in the grass seed that was requested to brighten up the landscaping. Even back then, Americans were landscaping enthusiasts, it seems

The actual invention of the lawn (because it had to be invented, it does not occur naturally) came from the English and the French originally. Anyone who has visited the great estates of either country will notice the primitive form of the American lawn immediately. There, the lawns are vast and expansive over acres, punctuated by small ponds and patches of cultivated forest and flower gardens. They were a sign of opulence, one our founders (especially Thomas Jefferson) greatly admired and attempted to emulate.

The move from estate to suburb is perhaps an obvious one. Since most Americans desire to appear as wealthy as possible and most Americans are not wealthy enough to own estates, the obvious compromise is a small patch of landscaping that is as close to an English estate garden as possible. That means well-cut grass, a tree or two, and a flower garden.

Beyond this obvious motivation, there was a secondary route the lawn took to reach the suburbs: the public park. City parks are often modeled on their European counterparts, which are often large lawns with a few trees. When Americans moved from the cities out into the new suburbs, they emulated this model of leisure.

And from there, we reach the great sprawl of the American lawn, America’s favorite crop, and one no one eats at that. The lawn’s history stretches all the way back to the country’s founding, and it is, with its mix of immigration, borrowed and mixed culture, and emulation of wealth, about as quintessentially American as it gets.

Improper Treatment

Posted by on 11:47 am in Medical Malpractice | 0 comments

The Karlin, Fleisher & Falkenberg, LLC, explains that though the prompt diagnosis of a medical condition will be critical, it is far more important that the diagnosis be correct. Sadly, serious health conditions do get misdiagnosed and patients end up undergoing treatments they do not actually need. Apart from the significant consequences a patient may suffer from not having their medical condition treated, it is possible that the wrong treatment they have been receiving will actually be dangerous in and of itself.

Many patients and patients’ families feel that questioning a doctors’ judgment is not only difficult: it is improper. Though they have all the right to do so, they worry that this may send a wrong message to the doctor, who may interpret queries as lack of trust. They should know, however, that even the best and very famous doctors, like everyone else, can commit mistakes. Some of these mistakes are improper treatment.

As different from wrong diagnosis, in an improper treatment case, a doctor has correctly diagnosed his or her patient and, therefore, knows exactly what the patient’s health problem is; however, for whatever reason, this doctor provides his/her patient with the wrong treatment.

There are different ways through which improper or wrong treatment may be committed, some of these include:

  • Giving a patient the wrong dose of a drug;
  • Prescribing a drug to a patient despite such patient’s known allergy to such drug;
  • Delaying, rushing, or performing an unnecessary or a dangerous treatment;
  • Inadequate monitoring of a patient; and,
  • Failing to take the necessary measures which will prevent a disease.

According to the U.S. National Library of Medicine, a patient approaching a doctor expects medical treatment with all the knowledge and skill that the doctor possesses to bring relief to his medical problem. The relationship takes the shape of a contract retaining the essential elements of tort. A doctor owes certain duties to his patient and a breach of any of these duties gives a cause of action for negligence against the doctor. The doctor has a duty to obtain prior informed consent from the patient before carrying out diagnostic tests and therapeutic management. The services of the doctors are covered under the provisions of the Consumer Protection Act of 1986 and a patient can seek redressal of grievances from the Consumer Courts. Case laws are an important source of law in adjudicating various issues of negligence arising out of medical treatment.


Passenger Claims in the Event of a Cruise Ship Accident

Posted by on 8:41 pm in Cruise Ship | 0 comments

For more than 10 years now, the cruising industry has continued to be a very lucrative business. Every year, more than 11 million passengers from the U.S. alone make cruise holiday reservations, some even as early as six months before the cruise schedule (this is to avail of all the perks and discounts). Two major reasons that explain the continuous increase of passengers are the exotic and beautiful cruise destinations and the major improvements on cruise ships, which virtually turn these floating luxury vessels into mini cities that guarantee incredible fun and comfort.

Being on any of the largest and modern cruise ships is already an experience to cherish. Because unlike the old vessels, many of today’s cruise ships are designed with a duty free shop, bars, pubs and nightclubs, buffet restaurants, an aqua health spa a fitness center, hair and beauty salon, indoor and outdoor swimming pools with water slides, cinemas, casino, gym, basketball courts, pool tables, ping pong tables, and other sports facilities, a library, a mini golf course, wall climbing and zip line facilities, and so forth.

With some ships able to accommodate as many as 3,000 passengers per cruise (not counting crew members yet) plus all the possible risks of injuries due to accidents, violence or abuse, the Cruise Lines International Association (CLIA) has ordered on all its members strict compliance with all international, flag and port state requirements, standards and regulations in order to guarantee safety and security of all passengers; this includes compliance with the laws enforced by the FBI and U.S. Coast Guard.

Additionally, all cruise ships built from 2010 onwards should meet the “Safe Return to Port requirement.” This means it should have crew members trained and skilled to act on times of emergency and danger and that the cruise ship itself should be equipped with all the necessary devices, facilities and equipment that will ensure the safe return of all passengers and crew back to port.

While it is true that cruise ship tragedies rarely occur, if one occurs, though, then the effects can be devastating. The usually identified causes of injuries at sea are hurricanes, sea storms, rogue waves, collision with another sea vessel, running aground, striking an iceberg, attack by sea pirates, virus outbreak and fire which, particularly, has been the most common type of cruise ship accident.

A fire onboard can leave a cruise liner floating in the sea without power, air-conditioning and/ or a working septic system. Most fires start in the engine room, due to a leak in the fuel oil return line; however, there have also been instances when the start of a fire can be traced to the generator room, boiler room or one of the cabins.

As explained by The Vucci Law Group, P.A., in the event of an accident, filing of a civil lawsuit for the compensation that a victim may be legally allowed to claim will not be simple. This is because besides the statute of limitation (the duration of time within which the lawsuit will need to be filed), there is also the concern of jurisdiction, which means a lawsuit cannot just be filed anywhere.

Cruise ships indicate in their ticket contract a forum selection clause. This identifies the place where a lawsuit may be filed (to this end, many cruise liners name the U.S. District Court in the Southern District of Florida). If an accident has occurred on land, during a shore excursion, however, then the details leading to the filing of a lawsuit can change altogether. Thus, due to the complexity and unique conditions of the maritime law, being represented by a personal injury lawyer who is familiar with the legal issues affecting cruise ships may be necessary, especially if the injured victim is not a resident of the state where the lawsuit has to be filed.

paralyzed after a car accident

Posted by on 4:36 pm in Car Accident, Personal Injury | 0 comments

The spinal cord contains a large bundle of nerves that transmits signals from the brain to the lower half of the body. These signals control movement and convey sensations, such as hot and cold.  A severe injury to the spinal cord can result in the rupture of these nerves. When this happens, the brain can no longer communicate with the legs and pelvis, resulting in a lack of motion and feeling. This loss of motion in the body is called paraplegia and can vary in severity. The U.S. Department of Health and Human Services considers paraplegia any situation that involves severe or complete loss of motor function in the lower extremities and lower portions of the trunk. Paralysis can be caused by a variety of causes, including disease and injury.  If you became a paraplegic after a spinal cord injury, then in-home attendant care will almost certainly be necessary.

Attendant care for those affected by paralysis is a specialized service and must be provided by someone who is knowledgeable about the special care required for those with spinal cord injuries. Careful research is necessary to find the right in-home care. Adjusting to having an attendant care worker in your home can take time and requires patience on the part of both parties. Adjustments to your home are also common and generally must occur before the attendant begins his or her work. Common modifications include shower/bath lifts, adjustments to counter top and cabinet height, and elevators for homes with multiple stories.

In general, paralysis results in the necessity of 24 hour attendant care. This care is necessary to help with every day activities, including dressing, bathing, using the bathroom, and sometimes general mobilization. While a family member is often someone’s first choice to become his or her caregiver, careful consideration should be given to hiring a professional. At the least, a professional attendant should be interviewed and available for certain specialized situations. Additionally, if your primary caregiver is a family member, they will need to receive a certain amount of specialized training in order to properly attend to your needs.

Effective Way of Eliminating Fears and Phobias

Posted by on 5:24 pm in Hypnosis | 0 comments

  • Achluophobia or fear of darkness;
  • Acrophobia/Altophobia or fear of heights;
  • Aerophobia or fear of flying;
  • Nyctophobia/Lygophobia/Achlouphobia or fear of darkness;
  • Arachnophobia or fear of spiders;
  • Ophidiophobia or fear of snakes;
  • Hoplophobia or Fear of firearms; and,
  • Panophobia/Pantophobia or fear of everything

These are just a few of the hundreds of other types of fears people may have (the American Psychiatric Association recognizes more than 100 different types). As defined in the web page, a phobia is “an excessive and irrational fear reaction,” and though people who have phobias realize that their fear is both excessive and irrational, but they are unable to do anything about it. The only major problem is that these fears, besides being annoying, can also interfere with one’s performance or work in school or office, as well as in his/her personal relationships.

Having a phobia is no joke, especially to the estimated 19 million Americans whose fear/s causes/cause them difficulty in some areas of their lives. Just imagine a person who has been offered a job as a top manager in a giant corporation, but is afraid of taking elevators or flying in airplanes – with both these phobias, he/she may just as well kiss his/her job offer goodbye, and maybe many other job offers too.

A phobia can be caused by genetic and environmental factors, distressing events and/or exposure to various things, such as extreme heights, insects or confined spaces while very young. While a person’s fear may seem irrational to another person, to him/her who is affected, this fear is all too real; a major cause of an uncomfortable life.

However, general anxiety or fear is usually generated by an unconscious response to the ‘misuse’ of the imagination. Basically, the ‘back part’ of the mind is getting the message from the imagination that something bad is going to happen, and so creates a state of readiness in the mind and body: anxiety.

One effective way to solving not just the fear, but, more important, the source or cause of the fear itself is through hypnosis or hypnotherapy. During hypnosis, a person is given suggestions that he/she would accept more easily that if he/she were conscious. Since these suggestions are made to the subconscious, these will be retained and result to a change in behavior after he/she is brought out of the relaxed trance.

Whatever a person’s phobia is, regardless of how long a he/she has suffered from it, and despite the dreadful life limitations he/she has endured because of it, this phobia can be addressed to move him/her in the right direction of living the life that he/she deserves and feeling the relief that he/she seeks.

Subsys Side-Effects

Posted by on 11:06 pm in Subsys Spray Lawsuit | 0 comments

Only three years after Insys Therapeutics, Inc., placed Subsys on the market in 2012, the drug has already earned record profits for the company, earning $147.2 million for Insys during the first six month of 2015 alone.

Subsys is the first and only fentanyl sublingual medicine that is sprayed under the tongue and which claims to be able to relieve adults with cancer from breakthrough pain in as little as five minutes. Due to the major content of this medication, however, fentanyl, which belongs to a class of drugs known as opiate or narcotic analgesics, Subsys can cause abuse, overdose, addiction, or death. These risks made the U.S. Food and Drug Administration require that the purchase of Subsys be permitted only to healthcare professionals who prescribe Subsys to outpatients, to outpatients, to distributors and pharmacies, enrolled in the Transmucosal Immediate-Release Fentanyl (TIRF) REMS Access program.

Besides the fact that Subsys should be used only by adult cancer patients who are opioid tolerant, warning is strongly made against sharing this medicine with people to whom it has not been prescribed, but most especially against using it on children since its fentanyl content can prove fatal to a child.

For Subsys users, side-effects of this medicine include, but are not limited to: breathing problems (especially to severely ill and malnourished patients), drowsiness, allergic reaction (like swelling of face, lips, tongue, or throat), slow heart rate, severe drowsiness, feeling like passing out; rapid heart rate, confusion, extreme fear, unusual thoughts or behavior, and trouble concentrating. For pregnant women, use of Subsys can cause their baby to become dependent on fentanyl which, in turn, can cause life-threatening withdrawal symptoms after the baby is born.

Besides being accused of illegally promoting Subsys to doctors in ways that violate of FDA rules, Fentanyl spray lawsuit also link use of Subsys to overdose in patients.