JCOHS Lawyers and Attorneys

Everyone inside the house is sleeping soundly and is looking forward to a new day at work and at school when suddenly somebody sneaks into the house with bad intentions and the things that you don’t expect to happen can happen and there are more things worse that they wanted to do.  Every year, millions of people are victims of crime that range from house break-ins, robbery, armed robbery, snatching, killings, murder, and homicide to drug abuse and even human trafficking and even extortion and abduction.   You can’t avoid things like these to happen and it can happen to anyone, from your family to your friends, neighbors, the local priest, the cops and even the president of the United States of America.  That’s why, a person, if he has the opportunity and some enough financial resources and other resources, it’s best that one should need and should have a criminal attorney right by his side 24 hours a day, 7 days a week, figuratively and literally.  This guy can help somebody with all the problems regarding crime and punishment. For some, availing the services of criminal lawyers is expensive but if you care for yourself and the people you love, you won’t have any second or double thoughts in hiring one.

Now, the thing is, you have to find somebody who is really quite well-versed or an expert in this type of field. It’s not enough to find a lawyer as there are many types of lawyers from criminal attorney to bankruptcy lawyer to personal injury lawyer to divorce lawyer. You don’t want to embarrass going to a lawyer’s office only to find out that he’s specialty is about land disputes or labor cases now, wouldn’t you?  It is the reason why you should do some homework yourself. You have to determine if he truly is the type you’re looking for and if you have already seen one, try to be a little more on the investigative side.  You might find a criminal lawyer but not THE criminal lawyer. The whole point is, there are some who say they are but instead they’re not. Some are just there to make money, that’s it, period.  They don’t care if you win or not.

But then, again, there are lawyers that offer a “no win, no pay” policy. If you don’t win a case, you don’t pay. This is especially for those who were accused of such crimes.

The other tip that you might want to learn is how to determine if he can really accommodate you and it’s a case-to-case basis. You can say he’s a good criminal attorney if he has lots of cases handled but keep track of the track record. He may have handled more than a hundred but the percentage is low against the number of cases won. If he had won 15 out of 100, you better try to look for someone else. On the other hand, there are legal guys who have handled on 50 but have won around 90% of the number of those criminal cases.

One last tip that will coincide with what you have read above:  you can find some directory or listings of attorneys and lawyers online and through that listing; you can find the most competent and most able and reliable.  Maybe, the criminal attorney you are looking for is listed on that directory.



By: Marlon Dirk

About the Author:

Medical Malpractice is something that has been going on for centuries. However, now that we have the abilities to prove and held the right people responsible, medical malpractice is getting more attention then ever before. Sad stories of people dying on the accord of some silly mistake are flooding our news rooms and TV screens. Lawyers are creating whole firms to deal with this specific sector of law, one in which deserves a closer look. When most people have to pay a visit to the doctor or hospital, they get pretty nervous as to if this is the time that they are going to find something. What we should be concerned of is if there are other factors affecting the decisions that our doctors, nurses, and medical institutions make.

In every state there are laws that are going to be different according to different rules and regulations. In regards to medical malpractice in Connecticut there are some laws that are very different then its boarding states. Connecticut does not impose a limit on any types of damages. This means that it is up to whatever monetary value that the judge and or jury thinks the victim should receive. If it is in regards to a devastating case that resulted in the death or dismemberment of an innocent victim by a greedy and money hungry defendant, then potentially the award could be staggering. In regards to the collateral source rule, in Connecticut, there is obligatory lessening of any monetary value awarded by collateral source payments, but the petitioner is recognized for any cash money paid.

When determining the liability of joint and several defendants, Connecticut is strict in modifying the general rule to so that the comparative liability of each defendant is determined, and defendants are liable only for the amount of damages in relations to the amount of fault that had been attributed to them. In regards to the statute of limitations being 2years after the crime was committed; Connecticut gives no exception to any victims that are minors who might not be aware because of their age and lack of knowledge. Another rule that Connecticut invokes is that they have a controlled pretrial screening of malpractice cases. An undisputed ruling from the pretrial screening is permissible at trial.

Medical malpractice is a very complicated area of law, thus calling for lawyers to be specialized and concentrated in the area. Medical malpractice in Connecticut definitely has manipulated and changed the common law to more suit their state. Connecticut is known for being very conservative, thus is makes sense for their laws to more strict than their neighboring states. Thus it would be beneficial for those involved in medical malpractice cases in Connecticut to contact a medical malpractice attorney specialized in Connecticut law enabling for the best practice to take place.



By: Paul Justice

About the Author:

Are you facing the end of your marriage and your spouse has initiated the divorce proceedings? It surely is a tough time of your life but instead of being carried away by emotions, it is essential that you think with a rational mind and seek a divorce lawyer New York to defend your legal rights at the time of divorce. A good lawyer takes the responsibility of all the legal technicalities that are involved in your case, helps you avert costly mistakes and provides you immense mental support to fight the case with a strong mind and give a fresh start to your life.

If you are on a quest to find a good divorce lawyer New York, it is mandatory that you consult lawyers who are experts in the field of family law. However, do not mistake to seek the services of the same lawyer who is representing the case of your spouse as well. You can ask referrals from your family and friends for a good divorce lawyer. Bar association of your state or directories over the Internet can also prove to be of great help.

Once you have found a few impressive divorce lawyers, arrange for an interview with them. This interview will help you know how your case will be headed and your comfort level with the attorney. You may ask the following questions from potential attorneys to know their capability to handle your divorce case and select the best one among them:

• What is their experience? – You can ask them about the number of divorce cases handled by the Divorce lawyer New York. Another important thing is to check if they are a member with American Academy of Matrimonial Lawyers or not? (Only the divorce lawyers who have practiced family law for over 10 years along with more than 75% of their practice area in the family law are eligible to become a member of this association).

• Cost of the divorce case? – What will be the fees to file the case? If there is a retainer? If the bill will be charged on the monthly basis or hourly basis?

• Know if they have a retainer agreement in writing? – A retainer agreement states things that a divorce lawyer in New York agrees to attend in your divorce case and how frequently and how much you will be billed. So, it is a good idea to have retainer agreement in written to avoid any inconvenience later.

• If the divorce attorney himself will handle the case or if any of his legal assistants will handle it? – In case, your divorce case is uncomplicated and will not be contested, it won’t harm to go for legal assistants for handling most of your paperwork. Also, do not forget to enquire about the rate for the services of a legal assistant.

All these questions will help you find a suitable divorce lawyer in New York who is qualified and experienced enough to represent you in the court of law.



By: Damyel Flower

About the Author:

Medical malpractice kills about 80,000 people every year and injures far more. It is estimated that only two percent of malpractice victims seek compensation. Many people do not understand what constitutes malpractice or realize that they may have a case.

An unsatisfactory medical outcome does not necessarily constitute malpractice. Medical procedures carry risks and some treatments are not successful, even when doctors do everything right. Medical malpractice is treatment by any type of health care professional which does not meet the standard level of care and results in harm to the patient. Failing to take a necessary action or taking an inappropriate action are both malpractice, when they cause harm

Basic elements of malpractice

In order to have a medical malpractice case three elements must exist:

• There must have been a professional relationship between you and the health care provider – this establishes responsibility. Simply calling a doctor’s office out of the phone book to ask a question does not constitute a doctor/patient relationship.

• The health care provider must have acted beneath the standard level of care that any other health care provider would have used in the same situation.

• The substandard care must have caused you harm.

Not just doctors

Many people are under the impression that medical malpractice is limited to mistakes made by their physicians or surgeons and does not include areas of medicine such as dentistry and psychiatry, or believe that they cannot sue if they chose an elective procedure, such a cosmetic surgery. Medical malpractice applies to all fields of medicine and no health care provider is excused from meeting the standard level of care simply because your procedure was a choice rather than a necessity.

Individual health care professionals can be held responsible for their actions, and so can the institutions that they work for. Often an institution is held liable due to its policies, such as a hospital being held liable for patient dumping or unsanitary conditions. When a medication is the cause of harm the pharmaceutical company may also be held responsible, or may be solely responsible, making your case a product liability case.

Medical malpractice cases can have multiple responsible parties including, but not limited to:

• Doctors

• Dentists

• Psychiatrists

• Surgeons

• Anesthesiologists

• Nurses

• Emergency room staff

• Hospitals

• Nursing homes

• Government institutions

• Pharmaceutical companies

What you need to do

Medical malpractice lawsuits are complex, but they are often your only hope for getting the quality medical care that you need to recover from the harm you were caused, or compensation for disabilities which prevent you from making a living or simply enjoying life as you would have without having been a victim of malpractice. If a loved one has been one of the 80,000 victims a year who did not survive medical malpractice, you may be entitled to compensation for wrongful death.

Pursuing a medical malpractice claim is more than seeking financial compensation for yourself and your family. It is incentive for negligent or incompetent health care professionals to clean up their act, and may save the next victim from harm.

If you or a loved one has been the victim of medical malpractice you should:

• Contact an experienced medical malpractice attorney.

• Write down everything that has happened so far and how it has affected your life, and start keeping a journal of how it affects you every day.

• Get copies of all of your medical records.

• Keep receipts for all of your expenses resulting from the malpractice

• Keep a record of all lost income caused by the malpractice

• Seek an independent medical assessment (your attorney may recommend a specialist)



By: Patricia Woloch

About the Author:

Hans K. June 14, 2009

When an 18-year-old with severe cognitive disabilities performed sex acts on a 6-year-old neighbor, the modest town of Paris, Texas, was unforgiving. But Aaron Hart’s punishment, 100 years in jail for a single incident, has stunned veteran disability rights advocates, who believed counseling, probation or even placement in a group home would have sufficed for a first-time offender with the intellectual maturity of a First-grader.

The municipality of Paris (Population 26,000) is located in Lamar County, Texas. The Country motto: “Where the past meets Progress” The County District Attorney is Gary Young. The judge in this case; Eric Clifford , Lamar County 6th District Court Judge has quickly crawled under a stone and took his information of the Counties Web page: 119 N. Main,Paris, Texas 75460 Phone deleted, Fax deleted, E-Mail deleted. All other County judges and officials have their details listed on the web site.

The sentence raises important questions about how people with severe disabilities are prosecuted in Texas, at a time when both state lawmakers and the U.S. Supreme Court are considering the proper punishment for persons who are young, mentally disabled, or both. Repeat child molesters and rapists routinely receive lesser sentences than Hart’s.

The day following the press announcement about the Aaron Hart’s sentence, Texas Governor signed legislation aimed at improving safety and management of the state’s institutions for the mentally disabled. The system has been stung by allegations of extensive abuse, including fights between residents staged by workers. Dozens of residents have died under suspicious circumstances and hundreds of employees have been disciplined for mistreating residents. A 2008 review by the federal Department of Justice reported that residents’ civil rights were being violated.

“Those involved will be prosecuted to the fullest extent of the law,” Perry said.

Governor Perry obviously has not heard about the trial of Aaron Hart. Calls to his office by various news organizations have not been returned.

Aaron Hart, who has an IQ of 47 (which equates to age 6-7), was found to be mentally retarded as a child and placed in a special school curriculum. He never learned to read or write. His speech is unsteady. His disabilities made him a victim of bullies who stole his bikes and his shoes, his father said. After graduation, Hart, who does not have the capacity to work, was a regular presence in the neighborhood. He made friends with some younger boys, playing video games and doing household chores to earn money. On the eve of his arrest, he was excited about a fair coming to town and asked a neighbor if he could mow her lawn to get a few dollars. She found him in the back shed fondling her 6-year-old stepson. When the policemen arrived, they read Hart his rights, and he confessed to what he had done. As they transported him to jail, he asked repeatedly whether he would get paid for mowing the lawn.

Young, the prosecutor, said that once a psychologist found Hart competent to stand trial, it was obvious the 18-year-old “knew right from wrong.” He said choosing diversion over prison was not an option. Under the law, those convicted of serious felonies such as sexual assault of a child are not eligible for diversion programs. He further said that while he sympathizes with Hart’s “mental health challenges,” he stands by his commitment to prosecute Hart on five counts related to the incident. it is common for prosecutors to pursue various charges in a trial involving one incident, not knowing which direction the jury will support.

David Pearson, Hart’s appellate attorney, said he has never seen a worse miscarriage of justice.

Pearson blames Hart’s trial attorney, who had the responsibility of explaining Hart’s disability to the judge and jury. That attorney, appointed by the court because Hart’s family could not afford counsel, did not apply for special accommodations, such as a liaison who could help the respondent understand what was happening in court. Nor did he endeavor to summon witnesses who could testify to Hart’s mental condition, Pearson said.

And he did not get a subsequent opinion after a court-appointed doctor found Hart competent to stand trial. That meant Hart no longer qualified for prison diversion options, like group homes and institutional settings for disabled offenders.

The first trial attorney, Ben Massar, did not answer repeated telephone calls to his office.

Faced with a five-count guilty plea, a jury convicted Hart in February and sentenced him to three 30-year prison terms and two five-year terms, one for each category of offense. Lamar County Judge Eric Clifford, who made the determination to stack the sentences into one 100-year prison term, said neither he nor the jury loved the concept of prison for Hart, but felt there was no other option.

“In the state of Texas, there is not a whole lot you can do with somebody like him,” said Clifford, who rejected Hart’s first request for a new trial.

Jurors tell a separate story. They say that during deliberations, they repeatedly sent notes to the judge asking if there were alternatives to prison, which they said the judge did not answer clearly. They said they were sure Hart would serve a concurrent sentence and were flabbergasted when Clifford stacked the sentences.

Hart’s father, Robert, said that while his son may look like a man, mentally, he is as young as his victim. He said the one silver lining in this case is that his son does not understand how serious his situation is.

“He keeps saying he will be out soon, he will be home with us, that maybe he will get probation,” he said. “It’s the hardest thing I’ve ever had to hear.”

So is this a combination of a small town incompetent judge mixed with an overzealous D.A. and a defective judicial system in Texas? You be the judge.

Lawmakers in Texas are working out the last kinks on a bill that would require law enforcement officials who take someone with obvious cognitive disabilities into custody to enable a court magistrate know within 72 hours. The court magistrate would have to order a regional mental health or mental retardation authority to evaluate the person immediately and would allow that assessment to be considered during the trial’s penalty phase.



By: ClipsFCWire

About the Author:

Truck accidents such as those involving 18 wheeler tractor trailers turn out as fatal accidents on the roads. An average loaded commercial truck can weigh from 55,000 to 80,000 pounds whereas an automobile weighs around 3,000 pounds.

The huge size of trucks combined with driver inattention, fatigue, work pressure, longer working hours lead to accidents.

Following are some of the causes of truck accidents:-

- Lack of Truck Driving Training

- Overloaded and Oversized Trucks

- Oversized Trucks

- Faulty brakes of the trucks

- Poor driving conditions due to smoke, fog, snow, or rain

- Lack of experience on the part of Truck driver

- Fatigued, sleepy or over worked driver driving too long and too many hours without rest;

- Driving over the speeding limit

- Running off the road

- Aggressive driving

- Driving under influence of drugs or alcohol

- Driving the truck in bad weather conditions

- Reckless truck driving

- Faulty safety systems, reflectors, lights and other warning devices

Trucking accident cases are substantially different from other types of auto accidents such as car accidents. Tractor trailers generally have big insurance policies which goes up to million dollars or more. Further, truck accidents result in serious injuries as compared to accidents by cars, or motorcycles. Even if an accident victim survives a truck accident, then chances are that he may have to live with a serious physical disability throughout his life.

Most of the fatalities and injuries involve the passengers of vehicles while the truck drivers escape truck-vehicle collisions with little or no personal injury. A truck accident endangers lives of other small vehicles when truck or tractor-trailer operators fail to follow legal driving norms.

Due to serious nature of truck accidents, it can make things complicated for the victim. It can make medical issues more complicated and victims have to spend considerable amount of time undergoing surgeries and operations.

If you are involved in a truck accident within New York City then you must speak with a New York truck accident attorney who will help you receive justice and compensation for your injuries.



By: New York Personal Injury Law Firm

About the Author:

We start a new life, project or partnership with the hope that it will turn out to be a lifelong event that will reap positive results for us. However fate at times plays cruel tricks on us by upturning our plans. In personal relationships, a broken marriage is one such calamity that might befall a couple in spite of their best intentions. When a couple goes in for a divorce to end their marriage it can be a emotionally and physically straining time for all involved. In these circumstances it is always advisable to seek the guidance of an expert like a divorce lawyer NYC. The divorce lawyer has sufficient experience in dealing with the sensitive issues that crop up in a divorce case and handle them competently.

Many legal loopholes can crop up when handling a divorce case and issues like alimony and child custody can involve much emotional and financial strain on the couple going their separate ways. A divorce lawyer NYC is trained to deal with these issues in order to come out with the best possible solution and legal deal for his client. The past record of the divorce lawyer NYC that one chooses to hire is also of crucial importance. A success record of getting the best outcome for his client induces much greater confidence in the divorce lawyer NYC. A reference from someone known to you could also have a positive effect on your choice of divorce lawyer NYC or for that matter in any other state.

It is always advisable to seek counsel from a divorce lawyer NYC as different states may have different rules and regulations for the divorce proceedings. It is not possible for a client to be aware of these legal intricacies when he or she is filing for divorce. Consulting a divorce lawyer NYC will enable the client to get acquainted with the options available to him when he is suing for divorce. Also a divorce can get complicated depending on the circumstances under which the couple has decided to part ways. An amicable agreement to go separate ways is much less cumbersome rather than a case where the couple is engaged in a cold war with each other.

When a couple is going in for divorce the maximum emotional trauma is perhaps faced by the children, if any, as they now need to select one parent over the other. Hiring a divorce lawyer NYC will ease out the situation from a legal point of view as the client can have strong support in ensuring a judgment that gives him custody of the child. Similarly when financial deals need to be negotiated between the couple who is filing for divorce, the situation can get messy. Having the support and guidance of a divorce lawyer NYC can help you take decisions with a rational viewpoint rather than an emotional one. Hence when life gives you a raw deal, it is up to you to make the best use of available resources to emerge as a winner under any circumstances. Hiring a divorce lawyer NYC is one such practical decision that will help you overcome some aspects of a divorce as well and begin life anew.



By: damey

About the Author:

Divorce is a very crucial matter and needs to be handled with care. Divorce is a curse for the society. Today, marriages are hardly seen to reach its destination. In the mid-way, it gets breaks up. There are various reasons of divorce. Some divorce takes pace due to misunderstanding between husbands and wives, while some break up happens due to extra-marital affairs. Whatever be the reason, it is a very bad period of one’s life when he or she has to break a long time commitment. Due to some reasons, people even do not hesitate to break up a long time marriage. When a husband cannot stand his wife for a single moment and vise versa then a marriage comes to an end. One needs to have an efficient lawyer to handle this crucial matter with ease. A person requires an experienced lawyer who can settle the matter smoothly. Efficient divorce lawyer in NYC is capable of handling divorce affairs very calmly.

The entire process of divorce is very painful. When a couple happens to break up a long time commitment, it hurts them a lot. However, circumstances compel them to break up a long time relationship. During divorce, a lawyer needs to handle children custody issue; property division and alimony. An expert divorce lawyer in New York can handle those issues with ease. Divorce lawyer NYC can handle all those matter tactfully. To win the divorce case, it is very important that we do not hide anything from our lawyers. If we hide anything from them then we will invite trouble for our self. We should make them understand about our priorities. The journey of divorce is really very traumatic

If a couple is gifted with a child then the custody of the child becomes a very important issue during divorce. A lawyer studies the various corners of marriage before raising any point in court. In most of the cases, the custody of the children is basically given to the mother because a mother can nourish her child in a better way. A father is not totally cut off from the entire picture. He too receives the permission of meeting his child. Alimony is also a very important issue that needs to be settled with care. You need to inform your divorce lawyer NYC about those matters that he should take special attention.

The fees of the divorce lawyers in New York vary from lawyers to lawyers. One should fix the fees at the very beginning. Divorce is a very crucial matter and one requires an efficient lawyer to handle the issue. To get the information of the prominent divorce lawyer in New York, one should search on internet. Yellow pages can also help a person in this regard. When an individual files a divorce case, he or she wishes to win the case at any cost. There are many experienced lawyers in New York who fights tooth and nail to throw the decision of the court in favor of his client. An efficient divorce lawyers can only help his client to win the divorce case.



By: damey

About the Author:

Lawyer is one person who can take you out from any legal tangle and that too without many hassles. One of the chief advantages of having a personal lawyer is that you can contact him at point of time and discuss the matter or your case in emergency. There are a variety of cases that may come across you in your life. Accidental case, personal injury case, theft or fraud case, criminal case and many others are there that are handled by various lawyers. If you happen to stuck in personal injury case, then personal injury lawyer will surely help you out.

Anytime in your lifespan you can encounter such situations that drag you in personal injury case. It may happen that someone has hit you or your vehicle by car and you are hurt because of that. This is the absolute case of personal injury and a qualified personal injury lawyer New York will help you in getting compensation from the party that is at fault. Usually, what happens is that you have to file a suit first in the court and then send a notice to the defaulter for appearing in the relative court. After that your personal injury lawyer would present your side before the court. Well, such sorts of lawyers are of a great help to all those people who are willing to recover a sum of money from the opposition party, as compensation.

Recovering any compensation from any company or personal requires a lot of legal nuances and personal injury lawyer is quite proficient in handling these matters. It is always better for you to hire a personal lawyer, rather than going to public prosecutor for such cases. There are lots of personal injury lawyer that are present in New York and many other states, that can guide you through the proper legal pathway of going ahead in the case. They will tell you about the possibilities of opposition that you might come across during the case and their solutions. Many of them also acquaint you with those conditions that may drag you in trouble.

Well, a personal injury can be of any sort. It may happen due to any kind of accident, some medical malpractice or even due to theft in your premises. While hiring the personal injury lawyer, you need to take care that they are properly qualified for handling your case. It is better you discuss the case with some experienced professionals and not with amateurs. The reason behind this is that experienced personal injury lawyer will have a firm hand on latest and previous laws related to your case and will be able to chalk out solutions to all your problems.

If you are not able to find a personal injury lawyer in your area, then the best option would be to search on internet. On doing so, you will not get to know about numerous personal injury lawyer, but also about their addresses and contact information. This will enable you to have a direct conversation with them and discuss the case. Along with this information, you will also get to know about the rates they charge for providing their services. In this way, you will have complete information about them and will be able to hire the suitable one.



By: Hadiya Robins

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Legal minds turned to Internet gambling laws as a specialty when the industry went beyond growth and exploded into the public mind. “The law surrounding Internet gambling in the United States has been murky, to say the least,” according to Lawrence G. Walters, one of the attorneys working with www.gameattorneys.com.

In contrast, Internet gambling laws in the U.K. have made the lives of providers and players a bit easier. The passage of the Gambling Act of 2005 has basically legalized and regulated online play in the U.K.

With the objectives of keeping gambling from promoting “crime or disorder” the U.K. act attempts to keep gambling fair, in addition to protecting younger citizens and others who may be victimized by gambling operation. Unlike the United States, which still clings to the 1961 Wire Wager Act, the U.K. significantly relaxed regulations that are decades old. A gambling commission was established to enforce the code and license operators.

A Whole Other Country

According to Walters and many other observers of the Internet gambling laws scene, the United States Department of Justice continues to view all gambling on the Internet as illegal under the Wire Act. But there are details in the federal law that defy attempts to throw a blanket over all online gambling.

The Wire Wager Act forms the basis for federal action on Internet gambling laws in the United States. The law was meant to complement and support laws in the various states, focusing primarily on “being engaged in the business of betting or wagering” using wire communication to place bets or wagers on sporting events or similar contests. The law also comments on receiving money or credit that results from such a wager. The keys are “business,” “money or credit” and “wire communication facility.”

But as many attorneys and proponents of fair Internet gambling laws emphasize, the federal law does not specifically address other forms of gambling. This has left the law open to interpretation when it comes to online casinos specifically and using the World Wide Web to play online games.

October 13, 2006 is a crucial date in the controversy surrounding the legalization of gambling. For anyone wishing to understand Internet gambling laws, the federal law passed on that day is essential knowledge. President George W. Bush signed the Unlawful Internet Gambling Enforcement Act (UIGEA), which is intended to limit some “financial transactions” used for online gambling.

But even if current federal gambling laws can clearly define something as simple as a legal gambling age, the newer UIGEA has not settled all the dust raised around the issue of online gambling. Attorneys such as Walters (and many others) have pointed out that the UIGEA seems to refer only to financial transactions and wagers that are illegal where the wager or transaction is made. Some wagers may be legal while others may not be legal. It’s as simple as that.

The UIGEA had some effect on Internet gambling, in that many successful companies got out of the business, at least in the United States. In fact, with the passage of the law in 2006, most U.S. online players found they could not play at an online casino or poker room, for a short time. Many of the gambling providers found ways to establish offices and servers outside of the U.S. so that could invite United States players back in.

Break Time

It’s now time to stop, take a deep breath and turn to Internet gambling laws in the various states. Some have passed their own rules and regulations (before and after UIGEA). In a few states, companies cannot operate an online gambling business. In other states it is illegal for an individual to place a bet using the Web. Some legal experts argue that these individual-state rules are unconstitutional since commerce across state lines should only be regulated by federal law, not state law. Commercial online gambling businesses don’t operate in the United States, however. If you want to visit their “home offices” you may have to travel to Malta, Gibraltar or Curacoa.

The 2005 U.K. law generally allows remote sites such as these. The rules are not so relaxed in the U.S. However, a recent appellate court ruling in the U.S. states that, in at least one case, an Web-based gambling site did not violate states laws. Most legal minds urge gamblers and others interested in the issue to stay tuned.

Some have given their attention to finding benefits of legalized gambling, noting that this huge industry might be a key to economic recovery in the United States. At the heart of their argument are examples such as established lotteries run by various states, in addition to the government revenues that flow in to state coffers from riverboats and land-based casinos.

Part of this effort rests on the shoulders of more than 100 legal representatives working for common sense in Internet gambling laws. This hoard of attorneys has the task of trying to keep the World Wide Web/Internet free from government intervention.

Bob Ciaffone is considered one of the experts on the subject of gambling and poker in general, and on the transition to online gambling. He suggests that any regulation of Web-based gambling should reduce competition from outside the U.S., so that the citizens of the U.S. would benefit in legal gambling states. His detailed plan would parallel the U.K. situation since that country passed its 2005 rules. Ciaffone also strongly urges U.S. lawmakers to keep Internet gambling laws separate from the 40-year-old Wire Act, which was passed to control illegal gambling over the telephone.

In essence, Ciaffone writes that the UIGEA attempted to do the right thing, but does it in all the wrong ways. The restrictions have severely handicapped what could be a great revenue source with proper regulation, according to Ciaffone.

Consider a statement on the UIGEA from the most-recognizable poker player in the world, Doyle Brunson. Though is comments apply to his favorite game of poker, they can easily relate to all Internet gambling laws. He said, in essence, that his company received good legal advice that indicates Internet poker is not “expressly” illegal. He encourages U.S. players to learn the laws of their own state.

While this brief summary touches only the high points of a huge and complex subject, there are sources that have already compiled details for the various states. Check these sites:

www.gambling-law-us.com/

http://www.gambling-law-us.com/State-Law-Summary/

http://www.gamblingcommission.gov.uk/



By: Jim Hale

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