Philadelphia Lawyer's Analysis of Fosamax Lawsuits

Sunday, June 27, 2010

Fosamax Lawsuits

In a December 13, 2004 press release, doctors at Long Island Jewish Medical Center (LIJ) announced that they had discovered a link between bisphosphonate drugs and osteonecrosis of the jaw (ONJ), or literally, death of the jaw bone tissue.

Bisphosphonates are a class of drugs used to treat osteoporosis as well as prevent the metastasis of certain cancers into the bones. They lessen the body’s ability to resorb bone, a process that naturally takes place in order to allow new bone cells (called osteoblasts) – to occupy the skeletal structure. The names and manufacturers of the most popular bisphosphonate drugs are: Zometa (generic name: Zoledronate) and Aredia (Pamidronate) manufactured by Novartis AG; Fosamax (Alendronate) is from Merck & Co.; Actonel (Risedronate) and Didronel (etidronate), products of Procter & Gamble Pharmaceuticals. Zometa and Aredia are administered intravenously. Fosamax and Actonel are oral bisphosphonates and are often used in cancer patients.

THE STUDY CONFIRMING THE LINK

The discovery of the link between ONJ and bisphosphonates was published in the Journal of Oral and Maxillofacial Surgeon. The report prompted both the U.S. Food and Drug Administration (FDA) and bisphosphonate drug maker Novartis AG to issue warnings to physicians and dentists about the risk for the potential adverse effect. A letter published in the same journal in 2003 was the first report of a signal that ONJ was associated with bisphosphonates.

The chief of the Division of Oral and Maxillofacial Surgery at LIJ, Salvatore Ruggiero, MD, DMD, or doctor of dental medicine, said they conducted the study after they noticed a cluster of cancer patients with necrotic lesions in the jaw, a condition they previously saw in only one or two patients a year. In conducting a review of the patients’ charts, the doctors found that the 63 patients, diagnosed with ONJ over a 3-year period, shared one commonality, they all had received long-term bisphosphonate therapy.

Between February 2001 and November 2003, 63 patients were diagnosed and 56 of them were cancer patients who had received infusions of bisphosphonates for at least a year. Seven other patients had been receiving long-term oral therapy for osteoporosis.

“The patients developed ONJ after normal bone trauma,” the press release said, “such as a tooth extraction, while receiving bisphosphonate therapy.” Rather than healing, the bone began to die, and a majority of the patients required surgery to remove the diseased bone.

Another study released on April 4, 2006, found that more than 2,400 patients who were taking the injected form of bisphosphonate had suffered bone damage to their jaws since 2001. In addition to the 2,400 patients who were taking the injected form, the study found 120 patients taking the oral form of the drug who had been stricken with such incapacitating bone, joint, or muscle pain that some became bedridden and others required walkers, crutches or wheelchairs.

While the number may seem small when compared to the estimated 39 million oral prescriptions written in 2005, the problems still indicated a trend and may have signaled a serious problem for long term use of bisphosphonates.

“We’ve uncovered about 1,000 patients (with jaw necrosis) in the past six to nine months alone, so the magnitude of the problem is just starting to be recognized,” Kenneth Hargreaves, of the University of Texas, told the newspaper.

WHAT WAS THE FDA RESPONSE?

In August 2004, the FDA’s Office of Drug Safety issued its Postmarketing Safety Review on about four bisphosphonate drugs used to treat osteoporosis: Fosamax, Zometa, Aredia, and Actonel. The FDA report concluded that warning language about adverse events involving osteonecrosis should be added to the drugs’ labels.

On September 24, 2005, Novartis issued a “Dear Doctor” letter regarding Zometa and Aredia, indicating that patients on injected bisphosphonate therapy should avoid invasive dental procedures, and that a dental examination should occur before initiating intravenous bisphosphonate therapy. The letter quoted the new precaution to be placed in the product label in August 2004. Precautions

Osteonecrosis of the Jaw

Osteonecrosis of the jaw (ONJ) has been reported in patients with cancer receiving treatment regimens including bisphosphonates. Many of these patients were also receiving chemotherapy and corticosteroids. The majority of reported cases have been associated with dental procedures such as tooth extraction. Many had signs of local infection including osteomyelitis.

A dental examination with appropriate preventive dentistry should be considered prior to treatment with bisphosphonates in patients with concomitant risk factors (e.g. cancer, chemotherapy, corticosteroids, poor oral hygiene).While on treatment, these patients should avoid invasive dental procedures if possible. For patients who develop ONJ while on bisphosphonate therapy, dental surgery may exacerbate the condition. For patients requiring dental procedures, there are no data available to suggest whether discontinuation of bisphosphonate treatment reduces the risk of ONJ. Clinical judgment of the treating physician should guide the management plan of each patient based on individual benefit/risk assessment.

Actonel precautions changed in May 2005. Similarly, Merck changed its Fosamax precautions on July 20, 2005. The drug maker, said in a statement that in “all of our controlled clinical trials with Fosamax, which involved more than 17,000 patients, including some that were 10 years in duration, we had no reports of ONJ.”

Merck stated it received a request from the FDA to update the label in January 2005. BISPHOSPHONATE LITIGATION STATUS

A class action lawsuit filed in early April 2006 in Florida alleges that Merck failed to change the package insert or label for Fosamax in a timely manner given what was known, and when, about the apparent connection or link between Fosamax and osteonecrosis of the jaw. As of May 9, 2006, Merck reported that 15 additional suits were filed. The company has cases pending against it in Tennessee, Pennsylvania, and Florida.

The Judicial Panel on Multidistrict Litigation consolidated in the Middle District of Tennessee federal litigation over Aredia and Zometa, two drugs used in cancer treatment that allegedly cause degradation of the jaw, In re: Aredia and Zometa Products Liability Litigation, W.D. Tenn., MDL No. 1760, April 18, 2006. The panel excluded litigation over Fosamax and Actonel, reasoning that because Zometa and Aredia are intravenous drugs, they had little in common with Fosamax and Actonel, which are oral medications. Judge Todd J. Campbell presides over the MDL.

THE SCIENCE BEHIND BONE STRUCTURE & GROWTH

How are our bones structured? Bone is a physical structure shaped like a honey-comb. That is, our bones are not “solid” all the way through. Like a honeycomb, the bone is comprised of “chambers” which are occupied by living cells. These living cells, just like all cells in our bodies, require blood flow (oxygen, nutrients) to stay healthy. The bone cells, that occupy the bone matrix chamber, when mature, form a hard calcium, and other mineral, structure around them. The mature bone cells are known as osteocytes.

How does the body make new bone? In order to understand how a bisphosphonate works, one must next understand the process by which the body makes new bone and how it removes old bone. The process takes place with a third type of bone cell known as an osteoclast. Osteoclasts are cells that allow the body to resorb or take away the hard calcium structure that houses the mature and dying osteocyte.

An osteocyte cell, the mature cell inside the bone, has a normal life of 150 days. Therefore, after 150 days, the cell must be replaced with a new cell. The osteoclast cells attach to the outside of the “chamber” and soften the chamber wall, allowing the old dying osteocyte cell to escape from the boney calcium matrix and form a new osteoblast, an immature osteocyte, cell to penetrate the chamber. As the saying goes, “Out with the old and in with the new.”

The osteoblast then matures, hardens up the chamber with new calcium and minerals, and lives there for the next 150 days, when the process starts all over again.

What can go wrong? The problems occur when any of the three types of cells begin to operate out of balance with the others. For example, in the case of certain cancerous tumors, the body is stimulated into producing more osteoclast cells. This causes the softening of the “body armor” that surrounds the osteocytes – the matter that makes up the hard calcium part of our bone. When the osteoclasts soften the bone, openings in the bone matrix are created. The cancer cells use these openings to penetrate and metastasize into the bones.

Problems also occur naturally with aging. Osteoporosis can occur when the body’s production of osteoblasts is unable to keep up with the demand for new bone. Conditions like osteoporosis can also be caused by taking other prescription drugs, such as the birth control Depo Provera, which is known to reduce bone mass density.

Hypercalcemia is a third condition treated by bisphosphonates. It is accompanied by tumors 20 percent of the time. Essentially, in hypercalcemia, the body has too much calcium in the blood flow. To reduce this, the bisphosphonate retards the osteoclast production – and the calcium simply stays in the bone matrix.

BISPHOSPHONATE FUNCTION AND EFFECT

How does a bisphosphonate work? A common misperception is that bisphosphonates cause the body to make more bone. They do not. They simply slow down the process of removing the dead bone cells from within the matrix by inhibiting the production of osteoclast cells, or the cells that soften the bone. Thus, the body has more “hard” bone chambers than it would have, but it is at the cost of having fewer chambers housing healthy cells.

How does bisphosphonate cause bone necrosis? In the case of necrotic jaw bone disease, the body is left with a boney structure without new and healthy osteoblasts that are going to mature into osteocytes. Simply stated, more of the bone cells are like vacant apartments, or worse yet, apartments with a dead occupant. The result of not having healthy bone cells is that the blood flow through the bone is then reduced which can result in pervasive bone death – where all of the cells in the bone die because there is insufficient blood flow.

Is it worth the risk? In the case of cancer, taking bisphosphonate drugs may be worth the risk. But osteonecrosis of the jaw is not necessarily a foregone conclusion. Certain actions, as discussed below, can mitigate the risk. However, since there are currently no known ways of preventing certain cancer from spreading to bones, bisphosphonates provide an effective treatment. These drugs substantially reduce the risk of metastatic bone cancer.

However, in the case of osteopenia, a borderline osteoporosis condition, or even for osteoporosis, a range of alternatives exist, from 1) changes in diet, such as ingesting more calcium; lifestyle changes, such as giving up smoking; 2) exercise, i.e. weight-bearing exercise to stimulate bone growth; and 3) other effective medications that use a different mechanism. For example, Forteo, manufactured by Eli Lilly and Co., is an injection that works by bone surfaces stimulation of osteoblastic activity. 4) Other measures can be taken to prevent the onset of osteoporosis. For example, despite other side effects, hormone replacement therapy (HRT) has been shown to help prevent osteoporosis.

ONJ ONSET

How does ONJ occur? The bisphosphonate inhibits osteoclast production.. As a result, when the osteoclast is unable to soften the outer shell of the bone cell (the part of the bone that makes it hard), then there is no way for the new osteoblast cell to get into the boney structure to replace the dying mature osteoblast (osteocyte).

When the mature cells die in the bone they can no longer maintain the Haversian canals and the blood flow through those openings ceases. The Haversion canals consist of a central hole surrounded by rings of bony tissue arranged concentrically around the central bone canal.

When the periosteal blood flow, or blood within the bones, ends, then soft tissues around that bone and within the bone itself, which depend on that blood flow for health, also begin to die (or fail to heal).

How long is a patient at risk after taking bisphosphonates? The half-life of bisphosphonates in the body is 10 years. The mean-time to a necrotic event is 3 years after administration/ingestion of the bisphosphonates, leading to significant latency.

Dental surgical procedures play a significant role in ONJ cases. For example, 27 percent of all necrotic jaw events related to bisphosphonates are “spontaneous,” meaning there was no trauma, especially including no dental procedure that would bruise the jaw bone and tissues surrounding the jaw bone and teeth. However, 73 percent of these events involved a trauma or dental procedure precipitating the necrosis.

Thus, a dental procedure may cause bone damage, cutting off sufficient blood supply due to the osteoclast inhibition caused by the bisphosphonates. As such, instead of blood flow carrying oxygen and other nutrients needed for the tissue/bone to heal, the procedure causes bone and tissue death. In addition, it appears that bisphosphonates can cause a widening of the ligament around a tooth. When this occurs, it can be seen on an x-ray as a radiolucency between teeth. Under ordinary circumstances, a dentist would remove that tooth. If the tooth is retained, food or worse yet, bacteria can enter the space next to the tooth and cause decay or disease. However, with a patient who was on bisphosphonates, extraction may not be an option. In fact, doctors recommend against removal and simply performa root canal or other procedure to remove only the top of the tooth.

To counter this risk, three tasks may be undertaken. 1) If a patient is treated with bisphosphonates, they must have all currently required or anticipated dental procedures completed before they begin their bisphosphonates treatment. They must then wait at least one month after such procedures before beginning their course of bisphosphonates. 2) While taking bisphosphonate drugs, patients must tend to their dental hygiene. 3) A root canal, instead of tooth extraction lessens the amount of trauma.

Why the Jaw? The jaw is vascular, which may account for a higher quantity of bisphosphonates reaching that bone. In addition, its high need for blood flow may explain the significant impact on the jaw when blood flow is diminished.

What can be done once ONJ has occurred? The key is to prevent ONJ. Surgery cannot reverse the damage for a patient who was treated with bisphosphonates, and a surgical procedure would tend to worsen the situation. On the other hand, a doctor might simply remove the necrotic tissue and bone and stimulate the tissues to promote the tissue or bone to grow back for a patient who did not take bisphosphonates.

HOW TO SCREEN FOR A BISPHOSPHONATE CASE To determine whether a potential bisphosphonate case exists:

1) Consider the reason why the bisphosphonate was prescribed. If the client has cancer and was prescribed a bisphosphonate to prevent metastatic cancer, you may question whether a plaintiff or her physician would choose to heed a warning about the potential for ONJ. Since the adverse event is a class effect, a reasonable alternative may have been missing.

A countervailing consideration is that a warning could have caused the plaintiff’s physician to assure that all dental work needed was completed before the bisphosphonate therapy began and that the plaintiff was carefully instructed on good dental care and the increased risks associated with poor dental hygiene while on bisphosphonates.

2) You must determine for each individual patient whether the dental problem or procedure that lead to the ONJ could have been avoided by good dental hygiene or could have been performed before the initiation of treatment.

3) Consider the length of time that the plaintiff was on the treatment before developing ONJ. Due to the mechanism of action (preventing bone take-away), bisphosphonates will need time to set up the structures that are susceptible to infection leading to ONJ.

4) Consider the drug regimen, since many chemotherapy drugs can lead to a weakened immune system, making infection more likely.

5) In the non-cancer patient, you must consider the length of use. You may be unable to sustain a case where the exposure to the drug was less than three months. Actually, the longer the exposure, the better is the case. If the plaintiff has been on the drug for a substantial period of time, the fact that the patient went off the drug and then developed ONJ does not mean that a case does not exist. Bisphosphonates have a long half life. For example, Fosamax has a half-life of 10 years. In cases of cancer patients with injectable bisphosphonates, the warning must have a meaning, so the dental procedure should be one that could have been prevented by adequate precautions or avoided altogether.

6) You must consider the degree of osteoporosis for which the client was prescribed a bisphosphonate. If the client had a very high fracture risk, they may have decided on the Fosamax anyway, because severe osteoporotic fractures are associated with a high mortality, quoted as high as 20 percent. On the other hand, if the use of a bisphosphonate was merely preventative on a patient with osteopenia, the case may be stronger.

7) You must also consider when the bisphosphonate was prescribed in relation to the warnings. If first prescribed after the change in the warnings, there is very little chance a case could be sustained. If problems first arise after the warning dates, a viable case may still exist, because earlier warnings may have given the patient and her physician a choice on whether to use the drug.

Bisphosphonates may be another example of a drug marketed as a near panacea for the scourge of osteoporosis and a great aid in the treatment of cancer, but it lacks adequate after-market monitoring to protect the public from the inevitable adverse events. Presently, lawyers who are willing to take on “Big Pharma” when drugs go bad constitute the only real protection for the public. Hopefully, in the future, drug companies will honor their ethical responsibility to assure the drugs’ safety before initiating the huge sales push that accompanies the launch of new drugs.

In addition, a stronger FDA can help prevent the unnecessary injuries and deaths associated with prescription drugs which in the last decade are sold as any other consumer product instead of as their status as specialty medical products.

Sources

The press release can be seen in its entirety at [http://www.northshorelij.com/body.cfm?id=204&action=detail&ref=682]

Ruggiero SL, Mehrotra B, Rosenberg TJ, et al: Osteonecrosis of the jaws associated with the use of bisphosphonates: A review of 63 cases. J Oral Maxillofac Surg 62:527-534, 2004

Marx RE: Pamidronate (Aredia) and zoledronate (Zometa) induced avascular necrosis of the jaws: A growing epidemic. J Oral Maxillofac Surg 61:1115-1117, 2003

YOU: The Owner's Manual: An Insider's Guide to the Body that Will Make You Healthier and Younger, by Mehmet Oz, Michael F. Roizen. (Page 107). ISBN: 0060765313 - HarperCollins

http://www.fda.gov/medwatch/SAFETY/2004/DepoProvera_Label.pdf .

http://www.emedicine.com/emerg/topic260.htm.

http://www.drugs.com/PDR/Forteo_Injection.html.

http://www.nlm.nih.gov/medlineplus/ency/article/007111.htm.

Gray’s Anatomy. http://education.yahoo.com/reference/gray/subjects/subject?id=18.

J. Oral and Maxillofacial Surg. 63:1567-1575, 2005; JADA Vol 136 December 2005 1658-1669 & 1669-1675 & 1675-1682

J. Oral and Maxillofacial Surg. 2003: 61(9):1115-7

J. Oral and Maxillofacial Surg. 2004: 62(5):527-34

J. Oral and Maxillofacial Surg. 2005: 63(5):682-9

Ibid.

Do You Need To Secure A Lawyer When Guilty Of Drunk Driving?

Thursday, June 24, 2010

No matter what it is called, whether it is a DWI, DUI, OWI, or some other acronym, drunk driving is a serious crime that carries heavy consequences. In many states you could pay thousands of dollars in fines as a result of a drunk driving charge. You could end up in jail, even if you are facing your first drunk driving charge. One consideration you will need to make when facing a drunk driving conviction is whether or not to hire a lawyer. Lawyers are not cheap, so you need to make sure that you really need professional help before hiring one.

There are many reasons to consider hiring a lawyer. First, lawyers will help you understand the legal situation you are facing. Remember, the public defender may not tell you all of your options. A lawyer will be able to provide you with information that could keep you out of jail.

Understanding the consequences you face can be difficult, especially in states with confusing DUI laws. A lawyer will make sure you understand exactly which consequences you face, and how you could avoid some of them. A lawyer will also make sure that you file all of the necessary paperwork on time so that you do not end up losing your license prematurely.

You will face a day in court as a result of a DUI conviction. A lawyer will represent you in the best possible light. Lawyers know what arguments work well to lessen your charges.

So do you need to hire a lawyer? The answer depends on several factors. If you have several DUI convictions on your record, injured someone as a result of your drunk driving, or need to keep your license in order to work your job, you should hire a lawyer. In these situations going without a lawyer is dangerous.

If you are not facing these types of extenuating circumstances, you may choose to go without a lawyer. You may still want one, however, to help you understand your state's DUI laws. Also, you may want one if your blood alcohol content was quite a bit over the legal limit. In these situations a lawyer is not considered absolutely necessary, so you could consider going without professional representation.

If you still feel unsure about whether or not you could benefit from representation, feel free to contact a lawyer. You will find that many of them provide free consultations for potential new clients. Allow the lawyer to tell you exactly how he can help you, and then make your decision.

Mesothelioma - An Example of Treatment Difficulties

Monday, June 21, 2010

Mesothelioma is a rare form of cancer that is associated with exposure to asbestos. The disease is a brutal form of cancer because it is very hard to discover and often only is diagnosed in the very late stages. At that point, treatment is often very difficult for a host of reasons. To give you an idea of how difficult, we cover one maddening complication in this article.

Mesothelioma is the cancer of the mesothelium from which it derives its name. The mesothelium is a lining found in the chest and abdomen that acts more or less as a protective sheath for organs such as the heart and lungs. While cancer of the lungs can be easily identified, the same cannot be said for identifying it in the thin lining surrounding them. This is what makes Mesothelioma so deadly. It usually only discovered very late, often after it has grown for 20, 30, 40 years or more.

The cancer is most often found around the Mesothelioma lining of the lungs. To diagnose it, the physicians usually must take a biopsy of the material in the area. This is done by creating a small incision and then inserting the relevant medical tool. A small amount of material is then snipped off, extracted and sent to the pathology office for examination under a microscope. It sounds simple, but here is where the difficulty in dealing with Mesothelioma rears its head.

Surgeons have noticed a unique problem with this form of cancer. When biopsies are taken, the cancer tends to follow the path of intrusion up to the incision point. Cancer growths then take root and begin to flourish in the area. Think about that for a minute. This cancer is so difficult that making an incision can spread it. Given this massive problem, you can see why less than 10 percent of patients survive five years after diagnosis.

Mesothelioma is rare, but vicious. Treatments are improving all the time, but no cure has been found nor is one on the horizon. Given this, it is all the clearer that the partial asbestos ban should be made into a complete and absolute ban before more people suffer.

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USA 2.0

Saturday, June 19, 2010

It is time to concern ourselves with only one thing, the destruction of the United States Government--and the replacement of that corrupt body with an honest version of government: USA 2.0.

What is USA 2.0?

It is a government based on the original Constitution of the United States, with but one exception.

I will list that one exception shortly, and explain it in a future article. For now, however, let's discuss the Constitution itself.

The Constitution of the United States is the finest and most perfect contract ever written. When I speak of the Constitution, please know that I am referring to the Declaration of Independence, and other documents of the time which support the writing, implementation, and understanding of this incredible contract.

I am not speaking of the laws, regulations, taxes and general corruption that diseased individuals have tried to include in their actions and interpretations of that contract.

I am not a Republican or a Democrat, for those are corrupted people seeking self interest.

I am not a unionist or communist or fascist.

I am not a Greener or a Libertarian or any other such fellow.

I am a Constitutionalist.

And the rest of the country may realize that, and what it means, and join me as they wish.

A Constitutionalist is a sovereign citizen as designated by Providence.

A Constitutionalist is created equal, but what he does with that status is up to him.

He believes in and supports USA 2.0.

The reason the Constitution is so perfect is that it creates a bulwark between sovereigns and those people who would have a person be less than he is.

By 'those people' I refer to all monarchies, dictators, and that ilk of people and groups and governments who attempt to war, through overt or covert means, upon the Constitution, and thereby the sovereigns of the Constitution.

'We the people,' are the sovereigns living in a geographically designed area on this planet. It is possible for other people on this planet to recognize their sovereignty and join USA 2.0. This is done solely by embracing USA 2.0, and applying for admission to the Union.

The Union is made up of 50 geographically designated groups of sovereigns referred to as states, but which are, in fact, republics.

The federal government is a made up body of people, granted a parcel of land in the Republic of Maryland.

The federal government exists solely by contract with the people of the United States, as represented by their unique and individual republics. This contract is the Constitution of the United States.

However, the federal government, through corruption and individual disease, has proven they are not capable of honoring their contract with the sovereigns of the 50 Republics.

Thus, through the action of USA 2.0, the sovereigns of the United States declare the original contract known as the Constitution of the United States null and void. We replace it with the original and uncorrupted Constitution, with the exception of one point. That one point is the 16th amendment. We clarify and limit that amendment to a ten per cent income tax limitation, and a $25 fee limitation.

Any other moneys desired by the federal government must be pursued through individual bonds.

I will discuss the 16th amendment next article

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Difference Between DUI and DWI

Wednesday, June 16, 2010

DUI means Driving under Influence and DWI means Driving While Intoxicated. Though both appear to be the same, there are a few hairline differences between the same. Under the Texas law, DWI offence involves driving while intoxicated with alcohol or any other dangerous drug or a combination of both. But, the term DUI is used only when a minor is found driving a motor vehicle after consuming a detectable amount of alcohol.

The point to be noted in the Texas law is that DUI is meant

1. Only for minors and

2. Only in case of drunkenness with alcohol.

In all the other cases, only DWI applies. Though the explanation above is in case of Texas, different states handle these terms differently and what is stated is not a blanket definition.

The acronyms DUI and DWI have become very common place in today's society. It is said that at least three out of every ten Americans has been directly or indirectly involved in some drunken driving accident. This is also the most leading cause of death among the youth in developed countries.

What is lacking is not just awareness and common sense but also calm and compassion. The 'don't-care' attitude prevalent in today's society makes people disregard the safety of the millions of people who travel along with them everyday on the roads.

If you are drunk, do not drive. Hire a cab, walk up the distance or ask for a lift. Remember, you are unfit to drive a vehicle for 12 hours after you consume your last drink.

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How To Find A Warrant For Arrest Before The Police Come For You

Monday, June 14, 2010

Discover warrants for arrest and get treated favourably by the courts

If the police come looking for you with an arrest warrant then they will arrest you and take you in. It doesn't matter whether you committed the offence or not, if you have a warrant for arrest then the police are obliged to arrest you. When this happens you will gain a police record that states you were taken in involuntarily. The courts will often be more sympathetic towards people who give themselves up voluntarily but to do this you have to know that there is a warrant on you before the police come after you.

You could get an arrest warrant anywhere and at any time

You can get an arrest warrant if you skip bail or fail to turn up in court. You can get a warrant for a traffic offence without you knowing it. You might have had your identity stolen and someone else has committed a crime for you. You might not find out about this for a long time and it could have been done a long way away so checking with your local courthouse isn't going to do you much good.

What's the easiest way to find out if you have arrest warrants?

The easiest and quickest way to find out whether you have any warrants for arrest is to use a website like the one at Court Records Read about it in the article How Do I Check For Arrest Warrants at http://www.howdo-i.com/backgroundcheck/howdoicheckforarrestwarrants.php. For a small one off payment you can instantly search multiple databases to find out practically anything about anyone including yourself.

The beauty of this type of site is that you can do the same search on as many people as you like as many times as you like for the same one off membership fee so it's easy to do a regular check to make sure that you don't have any warrants out on you.

Check to find a warrant for arrest now and rest easy tonight

Don't put this off. Do a check now; it could save you money and even a jail sentence.

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The Magical Power of Love

Friday, June 11, 2010

Is Love an Over-Rated Emotion?

It makes me feel sad when I hear people (especially the younger generation) openly declare that 'Love' is an over-rated emotion. I'm not surprised to see that, in the present times, some people have completely lost faith in Love, and, in the power it wields, to change the world. Life, sometimes, does take a toll on the mental health of people by digging its cruel jaws in the human spirit, leaving it completely disillusioned. Over the time I've realized that if such imbalance / disharmony, on the spirit-level, is not taken care of as soon as it starts surfacing, it can turn 'disillusionment' in to either severe depression or barbarism. The negative effect, so to say, can go either way, creating suicidal maniacs or hard core criminals. In both cases we can see one significant element missing in lives of such people and that is 'Love'.

The more I delve in to human lives, the more I am lead to believe that 'Love' is the only powerful tool which has the potential to change the face of this planet. The magical power of love creates harmony between man and every element of Nature, and its paucity, destroys the very spirit of life. It's ultimately the lack of love which gives birth to criminals, unruly children, marital discords and contemptuous relationships at work and at home. It seems we all need to work, essentially, on our Heart Chakra so that we are able to receive and give love to all those around us. I, usually, advocate the importance of keeping all seven Chakras open using techniques mentioned in my earlier hubs (quick links given below), but when I see people around me, living a life devoid of love, I feel more driven to fill their hearts with love so that they are able to perceive this world in a way God intended to create it. Imagine how beautiful and fulfilling it would be if each one of us resonates with the energy of our Creator and bathe in His eternal light.

The Naked Spirit

A few days back I finished reading a book titled 'The Naked Spirit' by Jon Whale. One of my friends had gifted it to me and I feel grateful to him as he lent me an opportunity to read such a perfect blend of science and spirituality. Till the time I hadn't read it, I didn't know that science had answers to some of the most abstract beliefs that are related to spirituality. It was amazing to learn how and why the energy centers, commonly known as 'Chakras' (which I keep mentioning time and again) play a role in maintaining physical and mental health of a human body. The book is a perfect answer to all the readers who have been bombarding me with questions like..."What is the anatomical significance of Chakras? Do they really exist? How can you believe in something which you can't see? Are you inclined to spirituality because you've been a lawyer for a long time?" (Possibly they had 'Monk who sold his Ferrari' in mind). Lol.

The most interesting observation of the author is that we humans have an energy epicenter which he has coined as 'Assemblage Point'. It originates in the womb, with the umbilical cord and then moves towards the chest after birth. As per the author, it remains there as long as we are in healthy mental and physical state. He goes a step ahead in relating the assemblage point to the 'personality types' and even gives ways to work with the assemblage point for getting the desired results. The best part is that all his observations are backed by case studies that make the entire thing even more credible. The Book merges chakra activation, different levels of consciousness and graphology in one simple, yet scientifically complex recipe. It gives an amazing overview of the position of assemblage point at the time of death and explains the process by which it exits the body (navel or the crown) depending on the level of consciousness of the dying person. It is an easy-to-understand book mainly due to lot of illustrations, charts and tables provided by the author. I strongly recommend this book to all those who keep looking for the scientific explanations for the 'Unseen' and the 'world beyond'.

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Divorce Settlements - Five Common Mistakes You Must Avoid to Obtain a Positive Result

Wednesday, June 9, 2010

Negotiating your separation agreement can be one of the most trying, costly, and long-lasting events in your lifetime. Just like our transition to colder weather, a change in attitude and mindset can enhance your chances of a faster and financially positive divorce settlement.

To be better informed and able to make the tough decisions that come along in the process, take a step back and avoid these common mistakes.

1. Assuming your divorce will be fast and not costly

Depending upon your selection of a divorce attorney or mediator, the amount of assets at stake, the amiability of the partners, etc., your divorce can cost more money and take longer to settle than you may think. For most couples, the whole process can take one to two years. The cost can range from several hundred dollars to several thousand, even if you do not go to court (which can cost at least $25,000 plus for each spouse).

At first blush, splitting the family financial pie would appear to be a fairly simple task. An equitable property division, consistent with the respective spouse's divorce rights would lead you to believe that each partner would walk away with half of what was shared by two.

This mathematical formula does not consistently work in divorce. Spouses have unequal salaries and income potential. Many times, families live beyond their means; there may not be enough money to go around. These factors, along with the typical "hanging on to each dollar" can lengthen the process, which leads to additional time and mounting costs.

2. Selling out your future

Your final decisions concerning which assets you are keeping will have an impact on your immediate future and long-term goals. What are the hidden expenses (maintenance, income taxes,etc.) of the assets you may want? Will you have enough money to pay your bills? What financial assets will you have to face unexpected costs and meet long-term goals (e.g. college costs, retirement, etc.)?

Trading away long-term options (e.g. retirement accounts) for short-term needs (desires) may not be in your best interest and may lead you to sacrifice tomorrow for what you may want today.

3. Ignoring Income Taxes

Income taxes will affect most of the major financial aspects of the divorce settlement. Generally speaking, the transfer of property pursuant to a divorce is a nontaxable event. But that changes if you subsequently sell the property. At that time, you will be solely responsible for paying the tax on all of the gain (profit) earned from the time you and your spouse originally purchased it.

Consider carefully how you will file you tax returns while you are in the process of creating a separation agreement. Although there are non-financial considerations, the Married Filing Separate filing status normally yields the highest overall tax rate. Filing Head of Household normally produces the least amount of tax.

You will also want to review the tax implications of alimony and child support, dependency exemptions, and various tax credits that are associated with the custody of the child.

4. Not protecting your financial interests

Maybe you have been married for 10, 15, 20 years or more. It is difficult to think about separate accounts or removing your spouse's name from charge cards. The reality is that you are at risk any time you hold a joint interest in, or have responsibility with, or are financially dependent upon your ex-spouse.

What happens in the future if your former spouse defaults on payments, becomes disabled, goes bankrupt, or dies?. You should consider these possibilities that could have a significant impact on your financial position and take appropriate measures to protect your interest ( and that of your children ).

5. Not recognizing "A bird in hand..."

You may have to weigh decisions like this: What do you want, the Lexus worth $35,000 or the mutual fund worth $30,000? Do you want lifetime payments that begin at age 65 (or if and when your spouse retires )or $300,000 today?

Keep the phase in mind, "a bird in the hand is worth two in the bush." In divorce situations, this axiom usually holds true. Let's take a look at the Lexus. Sure it may be worth $35,000 now, but what will it be worth next year? If you really need cash, how much could it be sold for? The mutual fund is liquid now, will most likely increase in value, and provides a cushion for those unexpected expenses.

What about retirement income? It sounds secure, but you may have to wait 20 or 30 years to receive the payments. It may be wiser to take the cash now, make prudent investment decisions, and build your own retirement nest egg.

In my experience, it is difficult for divorcing partners to see beyond the day in front of them. Avoiding these mistakes by obtaining the divorce advice of a Certified Divorce Financial Analyst can help you maintain your financial status and minimize the risk of financial loss.

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July 2008 Mortgage Licensing Update

Monday, June 7, 2010

States are finally starting to finish off their attempts to legislate the housing problem. There are still many proposed foreclosure rescue plans in the state and federal legislatures, but most state licensing bills have been either passed or voted against. There is still some talk of a federal licensing requirement for mortgage companies if the state has not complied with the federal governments minimum requirements. There is also a lot of discussion about FHA Reform, which could affect FHA Licensing, and RESPA and GSE Reform. Be ready for some major changes. Their still appears to be more to happen before the end of this congressional session.

NMLS Transition Deadlines (Nationwide Mortgage Licensing System) Very important! See transition deadlines for NMLS transitions starting July 1.

HUD Reminds Lenders of FHA Rules for Dealing with Mortgage Brokers HUD recently issued a mortgagee letter reminding lenders of various payment and service restrictions when dealing with non-FHA-approved mortgage brokers for forward mortgage. The letter states that although a borrower may engage a non FHA-approved mortgage broker for counseling services, loan origination services may not be performed by the broker and the FHA-approved mortgagee may not compensate the broker for the counseling services. Such a payment would violate RESPA's prohibition on duplicative fees and may even be considered an illegal referral fee. To the extent a borrower receives counseling from a non-FHA-approved mortgage broker, the services must constitute "meaningful counseling" and the fees must be paid from the borrower's own available assets and disclosed on the HUD-1. In addition, a copy of the service contract must be included in the loan file submitted for insurance endorsement. See Mortgagee Letter 08-17.

Maryland New Surety Bond and Net Worth Requirements

There are two new provisions of law governing Maryland mortgage lender licensees ("Licensees") that went into effect June 1, 2008. The first is an amendment to Md. Code Ann., Fin. Inst. ("FI") § 11-508 which increases the amount of the surety bond, letter of credit or trust account required to be maintained by Licensees. The second is a new minimum net worth requirement that must be maintained by Licensees which is codified at FI § 11-508.1.

Surety Bond, Letter of Credit, or Trust Account

The new required surety bond, letter of credit, or trust account amounts are as follows:

$50,000 Bond, etc: Required where the aggregate principal amount of mortgage loans is $3,000,000 or less for the preceding twelve (12) months;

$100,000 Bond, etc: Required where the aggregate principal amount of mortgage loans is more than $3,000,000 but not more than $10,000,000 for the preceding (12) months;

$150,000 Bond, etc: Required where the aggregate principal amount of mortgage loans is more than $10,000,000 for the preceding twelve (12) months;

$750,000 Bond, etc: Required blanket surety bond when an applicant files five (5) or more original or renewal applications at the same time and chooses to submit a blanket bond.

Under Maryland law, surety bond, letter of credit, trust account amounts are based on the volume of the Licensee's mortgage business for the preceding twelve (12) months.

Effective June 1, 2008, the new surety bond, letter of credit, or trust account requirements apply to each applicant for a new license or for the renewal of a license. These new requirements apply to applicants for original and branch location licenses. Any addition of a new branch location to an existing blanket bond will require the blanket bond to be increased to the new $750,000 bond amount or the option to post an individual bond for the new branch in the new amount required by law.

 
Minimum Net Worth

Another new provision of law requires Licensees to meet and maintain a specified minimum net worth. A summary of the required amounts are as follows:

$25,000 Minimum Net Worth: No lending activity;

$25,000 Minimum Net Worth: Not more than $1,000,000 in lending secured by residential real property for the preceding 12 months;

$50,000 Minimum Net Worth: More than $1,000,000 but not more than $5,000,000 in lending secured by residential real property for the preceding 12 months;

$100,000 Minimum Net Worth: More than $5,000,000 in lending secured by residential real property for the preceding 12 months.

The foregoing minimum net worth requirements take effect June 1, 2008. An additional net worth requirement of $250,000 where a licensee has engaged in more than $10,000,000 in lending secured by residential real property for the preceding 12 months will take effect January 1, 2009.

Please review Chapters 7 and 8 of the 2008 Laws of Maryland (codified at FI § 11-508.1) for important additional information regarding the new net worth requirements, including rules governing the use of lines of credit by Licensees that lend money to satisfy up to 75% of their minimum net worth requirements.

This office will require proof from Licensees that they meet the minimum net worth at the time of application for a new or renewal license and at the time of a compliance examination.

Alaska Finally Adopts Mortgage Lending Licensing Regulations The much-awaited regulations implementing Alaska's Mortgage Lending Regulation Act have finally been adopted. The regulations implement new licensing and registration requirements for persons engaged in mortgage lending activities, requiring that any non-exempt person acting as a mortgage lender must be licensed and any non-exempt person acting as a small mortgage lender be registered with the state. The regulation also includes application, competency testing, and continuing education requirements on licensees and registrants. Other obligations imposed by the regulations include annual reporting, record-keeping, and supervision requirements. The regulations also enumerate a number of practices that are considered unfair or deceptive advertising or mortgage lending practices, and provide for disciplinary action taken by the Department. Finally, the regulations provide for the establishment and operation of an originator surety fund. The new regulations become effective on July 1.

If you are already operating as a mortgage lender, mortgage broker, or originator, you do not have to be licensed under the AMLRA until March 1, 2009. This means that if you are operating as a mortgage lender, mortgage broker, or originator in AK on June 30, 2008, you are not required to be licensed until March 1, 2009. The Division of Corporations, Business, and Professional Licensing will consider a person to be operating in AK on June 30, 2008, if the person is engaging in business as a mortgage lender, mortgage broker, or originator pursuant to a current AK business license issued for that purpose. For example, if an AK business license has been issued to a mortgage company prior to June 30, 2008, that would indicate the company was doing business prior to July 1, 2008. If you enter the mortgage business as a lender, broker, or originator in AK after June 30, 2008, you are subject to the AMLRA that takes effect on July 1, 2008.

Some highlights of the new law are: All mortgage brokers or lenders that make or provide mortgage loans to AK residents shall be required to obtain a license. This includes all companies that operate on the internet or provide remote lending from another state by mail, or telephone. All mortgage originators will be required to pass a background investigation and a competency test prior to providing service to AK residents. All mortgage originators will be required to complete 24 hours of continuing education every biennial licensing period. All mortgage originators will be required to pay into a surety fund. The fund will be used to compensate consumers for losses they may incur due to unethical or illegal behavior on the part of an originator. The division will conduct examinations of licensed entities on a three-year cycle, or sooner if a complaint is made by a consumer. Under the AMLRA, mortgage lenders and mortgage brokers must obtain a "mortgage license" and individual originators must obtain an "originator license." An individual who is the principal owner or legally authorized manager of the applicant may apply for a dual license as a mortgage licensee and the single designated originator for the mortgage licensee.

Massachusetts Adopts Regulations for New Mortgage Loan Originator Law The Massachusetts Division of Banks recently adopted implementing regulations to establish procedures and requirements for licensing under its new mortgage loan originator law. Under the new regulations, loan originator applicants are required to submit documentation of their financial responsibility, character and fitness and proof of completion of pre-licensing coursework. In addition, under the new regulations, a loan originator must disclose his/her mortgage loan originator license number in writing to all potential borrowers and residential mortgage loan applicants at the time a fee is paid or when a mortgage loan application is accepted. The implementing regulations became effective on May 30, 2008.

All individuals currently working as loan originators for a Massachusetts licensed Mortgage Lender or Mortgage Broker must submit a Mortgage Loan Originator license application filing to Massachusetts through the NMLS before Monday, June 30th at 11pm, in order to continue to operate in the capacity of a loan originator. Please note that all individuals who meet the definition in M.G.L. c. 255F, section 1 must be licensed. Control persons, owners, executive officers and directors of licensed mortgage lenders or mortgage brokers must also obtain licensure as mortgage loan originators, if they meet the definition. Prior to becoming licensed, applicants must complete a residential mortgage lending course that has been approved by the Division of Banks. However, individuals may submit their application filings to Massachusetts through NMLS prior to completing a course. Individuals who submit an application before July 1st will have until August 31, 2008 to complete a residential mortgage lending course. If such an individual fails to complete a course prior to September 1, 2008, his/her mortgage loan originator license application will be terminated.

Please be advised that the effective licensing date of mortgage loan originators is July 1, 2008. Mortgage lender and mortgage broker licensees may not employ or retain any mortgage loan originator on and after July 1st unless the individual has an application pending with or approved by the Division of Banks.

Connecticut House Bill 5577 Becomes Effective July 1, 2008 Increases the bond requirements for lenders and brokers from $40,000 to $80,000 starting on August 1, 2009. Moves up the effective date of the National Mortgage Licensing System provisions of PA 07-156 and changes the name of the system to the Nationwide Mortgage Licensing System ("NMLS").

The bill converts existing "first" and "second" mortgage professional licenses to the combined license on July 1, 2008. The bill requires those licensed on that date to transition to the NMLS before October 1, 2008. All filings must be submitted exclusively through the system starting on July 1, 2008. (Initial applications submitted on the system between October 1 and December 31, 2008 cannot be approved before January 1, 2009.) Changes the expiration date for licenses and designates licensing fees. Under PA 07-156, starting October 1, 2008, all licenses must expire on December 31st of the year following issuance and all licensees must pay the required licensing and processing fee to the national system. For lender and broker licenses that expire on September 30, 2008, the bill extends the expiration to December 31, 2008. Starting on July 1, 2008, lender and broker licenses must expire at the close of business on December 31st of the year in which they are approved, unless the license is renewed. However, licenses approved after November 1st expire on December 31st of the following year. The bill requires a renewal application to be filed between November 1st and December 31st of the year in which the license expires, provided a licensee may file a renewal application by March 1st of the following year together with a late fee of $100. Any filing by that date with the fee is deemed timely and sufficient.

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Maryland Child Safety Seat Laws

Saturday, June 5, 2010

Are you living in Maryland? Do you have plans to drive around Maryland with your baby? Before you go out and tour your baby around the state of Maryland, note first that just like the other places in the world, Maryland has its own child safety seat laws. These laws are passed and maintained by the authority itself for every adult to comply so to avoid children's deaths and injuries caused by car crashes.

The Maryland child safety seat laws have been around for years now. It was made effective on October 1, 2003 for people to follow the rules to maintain safety for children on the road.

There is one main requirement covered under the Maryland child safety seat laws. The requirement states that all children younger than six years old must be secured in a child safety seat that is approved by the federal standards and installed according to the safety seat and vehicle instructions of the manufacturer. This requirement applies to all children of the said age regardless of weight.

Also, if a seven year old child weighs only 37 pounds, or a 3 ½-year old child weighs 42 pounds, he or she would be required to use a federally approved child safety seat. It is important to note that under the Maryland child safety seat laws, the term "child safety seat" includes not only the infant seats, convertible seat, and forward-facing seats, but also booster seats. The term "federally approved" refers to those seats that fit certain child's size, age and weight.

It is further worth noting that those who are traveling with a vehicle that is registered outside of the state are still subject to the rules set by the Maryland child safety seat laws which apply to children aged younger than 4 years, regardless of weight and age. In addition to this, it is maintained by the Maryland child safety seat laws that an adult is not allowed to bring and transport a child younger than 16 years of age unless the child is secured in a child safety seat or on a seat belt. Children below this said age are not even allowed to ride in an unenclosed cargo bed of a pick up truck.

If, for instance, a violation of the Maryland child safety seat laws is noted, the vehicle can be stopped and the driver issued a citation for a violation. Along with this, the driver is required to pay a fine. At present, drivers who bring children but failed to buckle up the child or allowed the child to ride in an unenclosed cargo pick up truck bed are subject to pay $48 to $50 as fines for the violation of the Maryland child safety seat laws.

To avoid unfavorable consequences, don't forget to buckle up your child in a federally approved safety seat when traveling in Maryland. Conform to the rules.

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Foreclosure Laws in Maryland

Thursday, June 3, 2010

The usual time from beginning of foreclosure process, to the sale by the auctioneer in this state is ninety days.

The home owner is not allowed a right of redemption in this state. A right of redemption is a period of time following the sale of the home, during which the former home owner is given the right to regain ownership of the property. Typically the price for this option is the winning bid price. In some states there are additional fees or cost or interest added to the cost of exercising your right of redemption. The time period can vary anywhere from 10 days to more than a year. In Maryland though, once the home is sold at auction, the ownership of the home cannot be regained through a right of redemption.

Maryland does allow the banks to seek additional money above that which has generated from the sale of the home. This is called a deficiency judgment. The amount of money they are allowed to go after is the difference between what the house sold for and what was owed on the loan. Most people who lose their home in a foreclosure auction do not have other resources with which to pay that additional some of money. In most instances banks, understand this and deficiency judgments are not pursued very often. If the bank has reason to believe that the former home owner does have additional money assets or property from which they could successfully attain a deficiency judgment, the will go for it. The banks are allowed three years following the sale of the home to file a deficiency judgment.

When there is a case where the deed of trust or mortgage contains neither a power of sale clause, nor has assent to a decree, the bank must pursue the foreclosure through courts. First the bank needs to file a complaint against the home owner who is having difficulty making his house payments.

Once this has been done the court will most likely issue a decree of sale. At this point the court will decide if a default has occurred.

When the court has made this determination, it then tabulate and put forth the amount of debt, and costs and interest that the homeowner must pay.

The court will also give a time period during which the payment of this amount of money is to be paid. After this assigned time period has past and if during this time the money has not been paid, then the house will be ordered to be sold.

Assent to decree foreclosure is used when the deed of trust or mortgage contains an assent to the entry of an order for sale of the home when default has occurred. When this type of foreclosure is used, the bank must file a complaint with the court. Even through this step is required the actual holding of a hearing before the sale does not need to take place.
Maryland does allow for non-judicial or out of court foreclosure. When a deed of trust or mortgage contains a power of sale clause, this allows the bank to skip over the full court process on its way to the sale date. It saves the bank time and money to use non-judicial foreclosure, so it is the 1st choice to be used whenever it can be done.

There are always ways to stop or avoid foreclosure.

Maryland still requires that the bank file an order to docket before foreclosure proceedings can begin. But, as with assent to decree foreclosure, no hearing needs to be held before the sale can take place.

Very specific instructions on the sale of the home can be written into the power of sale clause. When they are detailed in their instructions, must be followed.

This doesn't happen very often however, so the regular method of foreclosure is usually followed. Also, if judicial foreclosure is used, then the court may give specific instructions, that are out of the ordinary as well. Otherwise, the usual foreclosure process begins with the notice of sale must be advertised in a newspaper that has circulated in the county where the home is located. This ad must be run once a week for three weeks. The 1st of these ads is to be run no sooner than fifteen days before the scheduled sale date. The 1st of these ads cannot be placed any further out from the scheduled sale date than one week. This same notice of sale must be sent both by certified and registered mail. The time frame required for this letter to be mailed is no sooner than ten days before the scheduled sale date and no farther out from the scheduled sale date that thirty days.

The sale of the home must be conducted by either the sheriff of the county where the home is located or the banks lawyer, referred to as the trustee.

This sale can be held just outside the courthouse doors of the county where the house is located, on the property itself or at a different location that was clearly stated in the notice of sale.

If the bank chooses to postpone the sale, it may do so. The date, time and manner of the new sale must be advertised in the same way as the original sale was done.

In the first thirty days following the sale the sheriff or trustee is required to make a complete report of the sale to the court. At this point the clerk of the court will issue a notice. This notice must contain a description of the property. It must further state that the sale will be ratified in the next thirty days, unless cause to the contrary is shown in that period.

This notice must be advertised or published once a week, three weeks following the sale. As when the notice of the upcoming sale date was run in the paper, that has circulation in the county where the home is located.

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Speeding Ticket Fines on the Rise

Wednesday, June 2, 2010

With the economy in shambles, cities across the country are compensating for the decrease in revenue by targeting speeding divers. Now, this is nothing new, but it has reached staggering proportions that I feel are worth mentioning.

Not only has the number of speeding tickets increased in the past few years, but the fines for those speeding tickets have skyrocketed. What used to be a $100 ticket five years ago, has grown to $300, $400, and $500 or more in many areas of the country.

Take Maryland and Kansas for example... in 2002 the maximum speeding ticket fine for these states were around $300. That figure is now $500. Utah's maximum fine allowed by law is $700, up from $400 just a few years ago.

If you think that's bad, there are several states whose fines have more than doubled in recent years. If you get a speeding ticket in Nevada, Georgia, or Illinois (just to name a few) you could potentially get hit with a $1000 fine!

States are quick to mention 'safety' as a primary reason for the increases. Supposedly, harsher punishments will get people to think twice about speeding in the future. As true as that may be, I think it's obvious even to a retarded ape that safety has absolutely nothing to do with it.

Stiffer penalties really only accomplish two things... to drain innocent civilians of what little money they have left and to funnel more money into revenue funds. Period.

Safety is NOT a primary concern as they would have you believe.

Higher fines are a direct result of greedy politicians coming up with a quick way to gain some extra cash in this recession we are currently in.

Instead of putting their heads together and coming up with innovative means to increase revenue... increasing traffic ticket fines is a quick and easy way out of a bad situation. And we as law abiding Americans have to suffer as a result.

One state went so far as to recently introduce the stiffest penalties in American history. Virginia, in July 2007, added what is called a 'civil remedial fee' to all traffic citations. This means that a driver convicted of speeding will not only face a fine of up to $2,500, but also a civil penalty will be tagged on to it in the amount of $350 a year for the next 3 years!

And you thought your state was tough on speeding motorists.

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Laws Against Adultery

Tuesday, June 1, 2010

Every state has its own laws against adultery. Each one is unique in its own way, but there are similarities between all of them. We aren't necessarily talking about the good old days when you could be stoned to death, but more modern time laws. Below you will find some of the things that can happen if you find out your spouse is cheating on you. Some of them can make you think twice the next time you're in that situation.

While you could travel to other countries and see the different laws against adultery they have, the United States is much more lenient. This is due in most part to laws that only exist in each state. For instance, the seriousness in Michigan is a whole lot stronger then what Maryland thinks. It's an ongoing problem for something that Christians have been told to obey through the Ten Commandments for centuries.

Divorce

Everyone probably already knows that if your spouse has committed adultery, then it's a free pass for you to get a divorce. Even though this sounds like an easy fix, you may want to contemplate the situation especially if you have kids involved. However, if you do decide to go through with it there are several steps you can take that will give you the most in return for going through the mental stress, anxiety, pain and suffering, as well as many other issues that stem from divorce.

Spousal Support

When it comes time to go over those laws in court, if you're the innocent party then you can ask for spousal support. Arguments will revolve around the scrutiny you will go through by neighbors, family members, and the pain this can have on you. In many cases, this results in either large sums of money or monthly payments given to this person for their troubles. Sounds trivial, but if you are the one that learned about your spouse's affair then you understand the pain.

Criminal Action

Depending on where you live, you won't find too much criminal action against the person who committed adultery. This is due to the fact that "the damage is done" so to speak and it is an irreversible issue. However, there are states like Michigan that will offer up a life sentence if the adultery warrants such a judgment. Unfortunately, prosecutions of this crime have become so obsolete almost everywhere, people just figure the only laws against adultery is that you'll get divorced.

The Silver Lining

At the end of the day, it's hard to tell someone who is the victim of an adulterous spouse that everything will be okay. Until of course, they are in divorce mode where most of the laws that are upheld today come into play. We already talked about spousal support above, but there are many other laws for this that haven't been discussed. In most part, it is due to the different state laws, but most of all, it's because these are the common traits between them.

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