Law Office of John Green Jr. Lake Charles Attorneys | Law Offices of John Green Jr. 2023-11-13T05:57:09Z https://www.johngreenjr.com/feed/atom/ WordPress On Behalf of Law Offices of John Green Jr. <![CDATA[A skillful divorce attorney is a reliable ally you need]]> https://www.johngreenjr.com/?p=46614 2020-11-10T23:51:06Z 2020-11-10T23:51:06Z Complicated issues easily overcome In a divorce situation, stress and pain remain guaranteed. The proceedings affect your emotions and your finances. So many different issues fly in your direction and must be promptly and confidently dealt with. Legal dealings with divorce are complicated and time-consuming. An understanding and reliable attorney provides simple explanations about the proceedings and how they work, negotiates on your behalf and provides guidance to help you prevail. Here are the areas and ways that a knowledgeable and empathetic attorney can help you:
  • Child custody and visitation: Your children are important to you, and an attorney will help negotiate an agreeable and fair custody arrangement.
  • Child support: Whether you have sole or shared custody, you must understand that child support payments are critical to ensure the finances that benefit your children.
  • Spousal support/alimony: An attorney will help determine whether you qualify for alimony and will negotiate and fight to make sure you receive it.
  • Division of assets: Determining marital assets is an important facet in divorce proceedings. The assets you accumulated during the marriage are marital property, which is subject to equal division.
  • Protective orders: In situations where fear, danger and threats on your life surface, you need to know the available options. You must secure a protective order, and an attorney has the knowledge to help.
Uneasiness often remains for lengthy periods in connection with a divorce. But you want that uneasiness to dissipate sooner rather than later. An experienced attorney provides confidence and assuredness along with the direction you need.]]> On Behalf of Law Offices of John Green Jr. <![CDATA[The problems with pretextual stops]]> https://www.johngreenjr.com/?p=46609 2020-09-10T18:15:48Z 2020-09-10T18:15:48Z What are pretextual stops? Police officers can pull drivers over for myriad reasons. They might see a driver speeding or being reckless, or they could notice something tiny like a broken license plate light. There are countless ways people knowingly and unknowingly violate traffic laws. But instead of pulling a driver over and addressing the alleged traffic violation, the police officer may conduct an informal investigation for some reason unrelated to the reason for the stop. They might question the driver and request to search the vehicle. Rather than getting a ticket, a driver can get charged with a crime, like drug possession. This is a pretextual stop, and it is a controversial issue with numerous legal implications.

Why pretextual stops are problematic

As discussed in this article from the Pew Charitable Trusts, one of the primary criticisms of pretextual stops is that they enable discrimination. Because police could arguably stop any driver for any traffic violation, they have great discretion as to who they decide to pull over. As we have seen far too often, some officers use pretextual stops to target Black drivers unfairly. Doing so means these motorists wind up facing criminal charges stemming from a traffic stop at a disproportionate rate. Some people also argue that a pretextual stop comes too close to violating a person's protection against unreasonable searches and seizures. Considering how controversial these stops are, it may not be surprising that some states and jurisdictions are making changes or prohibiting pretextual stops altogether. However, they still happen in many areas across the U.S. If it happens to you, it can be vital that you scrutinize the details of the stop with the help of an attorney. Doing so can help you identify any unlawful practices that could result in dismissed or reduced charges.]]> On Behalf of Law Offices of John Green Jr. <![CDATA[What employees should know about Louisiana workers’ compensation]]> https://www.johngreenjr.com/?p=46604 2020-07-10T21:52:26Z 2020-07-10T21:52:26Z Louisiana employee should understand the state laws regarding workers’ compensation.

Reporting your injury

You must report a work injury to your employer as soon as it happens. You may lose your right to seek benefits if you do not make a report within 30 days of the injury or work-related illness diagnosis. The company has approximately one week after receiving notice to report your injury to its workers' compensation insurance provider.

Seeking medical care

You must receive treatment from a doctor chosen by your employer or the insurance company. The doctor will not bill you for your treatment. The bills will go to your employer's insurance policy.

Understanding benefit amounts

In addition to medical coverage, you may receive disability benefits. These payments start after you miss seven days of work because of the illness or injury. The biweekly payment will equal 66 2/3 of your average weekly paycheck. Workers' comp disability payments are not taxable. Temporary total and/or temporary partial disability payments continue for 520 weeks. If you cannot return to work at that time, you may receive permanent disability. If you receive Social Security benefits and workers' compensation payments, the total payments cannot exceed 90% of your average weekly paycheck. You can also access vocational training as part of your benefits. These programs are available for workers who cannot perform the tasks they used to do.

Recognizing retaliation

Louisiana state law prohibits your employer from firing you for filing a workers’ compensation claim. This law calls this type of action "retaliation." If the company lets you go, decreases your wages or gives you a demotion because of your injury or illness, you can seek legal recourse.]]> On Behalf of Law Offices of John Green Jr. <![CDATA[When is an emergency child custody order needed?]]> https://www.johngreenjr.com/?p=46601 2020-05-14T19:19:44Z 2020-05-14T19:19:44Z ex parte hearing on an emergency order petition. Ex parte is a legal term that means only one party is before the judge. Usually, the judge wants both the petitioner and the respondent to be in court to each give their side of the story. But Louisiana law makes an exception in cases where a child could suffer "immediate and irreparable injury" while awaiting the other parent's response.

When will the judge grant an emergency custody request?

Grounds for granting an emergency custody order include:
  • Physical, sexual and emotional abuse of the child
  • Neglecting the child, such as failing to feed them or letting them live in unsanitary conditions
  • Illegal drug use in the home
  • A sex offender is present in the home
If the judge approves, the initial order will last 30 days, though the judge can order a one-time extension of 15 days. The petitioner will get sole custody during that time, with visitation time of at least 48 hours every 15 days for the other parent. However, the visitation rights can be canceled if the petitioning parent can show that the child would be in danger of immediate and irreparable harm. When a parent requests an ex parte order, they generally must still inform their co-parent to give them the chance to respond. This notice will include the date and time of the scheduled hearing. If you get a phone call or text message informing you about an emergency child custody order, do not ignore it.

Your lawyer will fight for your parental rights

Whether you need to rescue your child from an abusive parent, or if your co-parent is falsely accusing you of being unfit, a family law attorney can represent you at the hearing and argue your case.]]> On Behalf of Law Offices of John Green Jr. <![CDATA[How strong is circumstantial evidence in a murder trial?]]> https://www.johngreenjr.com/?p=46598 2020-03-27T21:52:53Z 2020-03-27T21:52:51Z Anyone facing a murder charge will want to ensure that his or her trial is fair and complete. The fate of an accused person lies largely in the evidence that the prosecution and defense present to the jury. In some cases, the evidence is direct, such as DNA testing or videos of the murder, but there is also circumstantial evidence that does not directly prove anything but when taken in context seems to prove the prosecutor or defense attorney's claim.  CNN explains that circumstantial evidence often opens the door for the defense attorney to claim reasonable doubt because it is not as strong as direct evidence. However, there is no getting around using such evidence in a trial. Still, defense attorneys have a point that some types of circumstantial evidence are weaker than others. Circumstantial evidence is usually the most favorable when there is some type of direct evidence supporting it.  Eyewitness example  A good example of weak circumstantial evidence is eyewitness testimony. The legal system used to rely heavily on eyewitness testimony as evidence in trials. Over time, though, research has shown that eyewitness accounts for any type of situation, especially one involving criminal activity, are often unreliable.  The amount of circumstantial evidence  Another instance that will greatly increase the reliability of circumstantial evidence is when there is an abundance of it in a case. One circumstance is easy to push aside, but when they begin to pile up, it is much harder to accept that everything is circumstantial.  Jury instructions  In most situations, the court will instruct jurors to use their own reason to determine the validity and strength of circumstantial evidence. It is up to individual jurors to determine what the prosecution has proven in regards to the evidence. Judges may also warn jurors against drawing conclusions that do not completely match up with the presented evidence. ]]> On Behalf of Law Offices of John Green Jr. <![CDATA[How to beat a DWI/DUI]]> https://www.johngreenjr.com/?p=46595 2020-02-09T18:59:18Z 2020-02-09T18:59:16Z Getting behind the wheel after a few drinks is stupid. Everyone makes mistakes, though, including the police who stop you.  Drunk driving penalties can haunt you for years, even decades. You could end up paying large fines or serving jail time.  A tough stance against DUI/DWI  Louisiana is serious about cracking down on people who drink and drive. Even a first-time offender faces from 10 days to six months in jail and a fine of $300 to $1,000.  Probation is possible, although it means 48 hours in jail and 32 hours or more of community service. Also possible are substance and driver improvement programs. The installation of an ignition interlock device is another court option.  Penalties rise for a first-time offender with a blood alcohol content of 0.20% or more. More offenses mean fines up to $2,000, from one to five years in prison and seizure of your vehicle for sale at auction.  A tough stance in your defense  Prosecutors may seem to hold all the cards. They may have an officer’s report, a field sobriety test and the results of a breath analyzer test. You still have several sound strategies for defending yourself. You can question whether police had a valid reason for pulling you over. Without a reason, any evidence against you is not allowed in court.  The accuracy of field sobriety tests can vary, depending on the conditions. A walk-and-turn test is difficult on uneven pavement. Poor lighting conditions can affect your responses.  Even a breath analyzer test is not infallible. Police often lack adequate training for operating and maintaining the machines. The presence of toothpaste, breath mints or perfume can taint the results.  A tough future made easier  The facts of your case are not as clear as they may seem. You can raise doubts about the evidence against you.  You can beat a drunk driving charge with a convincing argument before a judge. The keys are hard work, research and your presentation in court. ]]> On Behalf of Law Offices of John Green Jr. <![CDATA[Misallocation of investors’ funds may result in fraud charges]]> https://www.johngreenjr.com/?p=46501 2019-12-16T22:07:07Z 2019-12-16T22:07:05Z A fraud indictment requires a strong defensive action A 39-year-old Louisiana man found himself indicted on nine separate counts of felony wire fraud. According to the U.S. Attorney's Office, the defendant and his associate promised several investors they would receive an attractive return on the funds they invested into his energy company. Instead of using his investors' money to purchase equipment for the oil and gas exploration he described, the defendant allegedly spent the money on personal expenses, as reported by the Lafayette Daily Advertiser. Investors purportedly trusted him with more than $1M to grow and develop his energy company. His allegedly fraudulent actions occurred between a period of about six months and affected numerous investors throughout Northeast Louisiana. Allegations of a Ponzi scheme According to the indictment, the defendant purportedly created false contracts and proposals intended to convince investors to fund his business. When new investors provided him with further business capital, he allegedly used the newly acquired funds to make payments to his previous investors. The defendant purportedly convinced his prior investors that the money they received represented returns on their investments into his company's activities. His previous investors then provided him with more funding in hopes of receiving another high rate of return from their new investments. Charges may not always result in convictions To obtain a conviction, a prosecutor must prove to a jury that a defendant knowingly or willingly defrauded investors. With a strong defense strategy, however, an individual might avoid a conviction, face reduced charges, or he or she may receive a less severe punishment. In the case of felony fraud charges, punishment may include up to 20 years imprisonment for each count.]]> On Behalf of Law Offices of John Green Jr. <![CDATA[Child custody tips for fathers]]> https://www.johngreenjr.com/?p=46497 2019-11-15T17:44:22Z 2019-11-15T17:44:21Z If you are a father involved in a child custody battle in Louisiana, you can be your own worst enemy. Part of this is natural. You are in a stressful situation, and you likely operate on emotion rather than thought.  You need to carefully consider your every move. What you say and do can undermine your legal rights, so use common sense and reason.  Maintain your legal obligations  Custody laws can seem unfair, but that does not matter. You must follow them.  Make your child support payments. If you are having financial trouble, you can seek to change the payment plan. You also can seek mediation or arbitration to settle financial and other disputes.  Maintain records  If you have an informal payment arrangement with the mother, keep detailed records. Maintain a file of check receipts and copies of all correspondence with your child's mother.  Keep an accurate record of your child visitation schedule. Make it part of a written parenting plan that you can submit to the court.  Maintain a strong relationship with your child  Regularly call your son or daughter when you do not have custody. Ask about his or her daily activities, and make a special living space available when you do have custody.  Be active in your child’s life. Introduce yourself to the staff at your child’s school. Attend school, social, religious, sports and other important activities.  Maintain your dignity  Be respectful of the mother, as this can have an impact on your child and on the court’s opinion of you. Also, know what you can handle. You have other responsibilities, including relationships and work obligations. Trying to do too much can put a strain on yourself and your daughter or son.  Child custody is overwhelming, so seek help if you need it. You probably know fathers who have been through the same experience. They can provide valuable insights.  Make it clear to everyone that your child's well-being is your most important priority. The court is sure to notice all your hard work and dedication. ]]> On Behalf of Law Offices of John Green Jr. <![CDATA[Two men charged with felony fraud for unnecessary Medicare claims]]> https://www.johngreenjr.com/?p=46492 2019-10-09T18:08:41Z 2019-10-09T18:08:40Z selling unnecessary DNA testing kits. Reportedly, the kits were not medically necessary, but a solicitation campaign promoted them to low-income and elderly Medicare recipients as specialized genetic cancer screening tests. The defendants allegedly had an elaborate and highly effective telemarketing campaign which persuaded thousands of individuals to request a test. Investigators’ allegations of a kickback scheme In order for the federal government to provide payment for a testing kit, the Medicare beneficiaries first had to obtain approval and a prescription for the test from a telemedicine doctor. Investigators, however, found evidence that the doctors who provided Medicare recipients with recommendations for the genetic tests did not actually know or treat the patients. After the telemedicine doctors approved a patient for a testing kit, the two men and their associates purportedly received payment through fraudulent means. By sending the genetic test kits to various diagnostic laboratories, including one in Louisiana owned by one of the two men, the operation allegedly engaged in billing the federal government for unneeded medical services. Investigators say that the clinical testing laboratories submitted claims for testing-kit payments to Medicare for an amount totaling more than $240 million. In exchange for the testing-kit referrals, the laboratories allegedly provided the defendants, tele-doctors and solicitors with kickbacks from the government funds they received. Felony fraud charges require an aggressive legal defense While every felony charge is a very serious matter, a charge does not always result in a conviction. It is up to the prosecution to provide enough evidence to convince a jury that a defendant is guilty beyond a reasonable doubt of engaging in the alleged fraudulent activity. An aggressive defense strategy may be required to counteract the accusations that a prosecutor presents. Through due process, an accused individual has the constitutional right to fight the severity of the charges and avoid a harsh punishment.]]> On Behalf of Law Offices of John Green Jr. <![CDATA[7 steps to take after a car accident]]> https://www.johngreenjr.com/?p=46488 2019-09-20T14:57:36Z 2019-09-20T14:57:36Z less than 15 miles from home. In the moments after a crash, you often are bewildered and shaken up, possibly even needing medical attention. That’s why after any accident, you immediately should take these seven steps for the best outcome:
  1. Stop and check for any injuries, for you and the other driver. Also, call emergency personnel if needed and call the police to file a report.
  2. Don’t admit fault for the accident. Your insurance company will handle determining if you were the cause of the accident. Also, if the accident occurs outside of Louisiana, in a no-fault state, your car insurance’s personal injury protection most likely will be covering the costs of any injuries.
  3. Collect and share information with the other driver. You need to know the other driver’s name, address and phone number, as well as their insurance company name, their policy number, a description of their car and its license number. You need to provide them with the same information, but you don’t need to give them your driver’s license number.
  4. Gather contact information for any witnesses to the accident. You never know if you might need information from witnesses later if your insurance or the other driver’s contests covering some of property damage costs or injury treatment costs.
  5. Take photos with your cell phone of the crash site and document the damages to both vehicles. Also, note the street the accident occurred on, at what time it happened, and the direction you were traveling in and the direction the other car was going. Adding a quick note on your phone with this information, as well as the driving conditions, is an easy task.
  6. Don’t refuse medical attention on the scene. You want any injuries well-documented. Also, seek medical attention right away if you find yourself barely being able to move the next day or the day after that. Often symptoms of soft-tissue injuries don’t surface right away. Sometimes, you might not feel pain until weeks after a car accident.
  7. Contact your insurance agency to report the accident. If you suffered serious injuries or have difficulty getting your insurance or the other driver’s to cover your medical bills or lost wages, contact an experienced personal injury attorney. An attorney can help push for fair compensation for your injuries, so you can focus more time on getting better.
By following these seven steps after a car accident, you’ll protect yourself better for getting the most coverage for your property damage and/or injury claim. You’ll also be on the road to recovery faster for any injuries you’ve suffered.]]>