Stewart & Stewart P.C. http://www.stewartandstewart.net Tried and Tested Mon, 01 Feb 2021 19:53:04 +0000 en-US hourly 1 https://wordpress.org/?v=5.1.1 What are Remedies for Invasions of My Property Rights? http://www.stewartandstewart.net/2014/06/remedies-invasions-property/ Tue, 17 Jun 2014 20:04:11 +0000 http://stewartandstewart.net/?p=1182

John E. Lawes, Esq

This week’s article deals with invasions to real property rights. Real property in the simplest terms means land and structures on that land, as opposed to personal property like vehicles. An ownership interest in real property brings with it certain protections from interference with that interest.The two main areas of the law that concern these protections are nuisance and trespass. A nuisance is an interference with the use and enjoyment of the property, while a trespass is a physical intrusion into the property. A good example of this distinction would be noxious odors, much like those claimed in the recent Sriracha sauce plant case in California. In that case, the plaintiffs complained that the plant created noxious odors that interfered with the use and enjoyment of their property. Odors by definition cannot trespass onto a property because they have no physical presence. An example of a trespass would be a structure built on the property of another, such as a fence or shed built on the wrong side of a boundary line.These two concepts are not mutually exclusive. While a nuisance will not give a rise to a trespass, a phentermine trespass in a contamination case usually gives rise to a nuisance. For example, if a quarry is allowing particles to leave its land and accrue on the property of another, then that constitutes a trespass because the particles are a physical intrusion. A quarry can also be a nuisance because it limits the use and enjoyment of the property. In these types of cases, the damages are usually the difference in the value of property before and after the intrusion. In certain instances, a court may also file an injunction ordering the conduct to be stopped.If you feel that your property rights are being infringed, the best course of action is to get an attorney to look into the matter. A failure to do so may mean that your right to recovery could be limited. 

Related Posts

DISCLAIMER:The following language is required pursuant to Rule 7.2, Alabama Rules of Professional Conduct. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. This web site is designed for general information purposes only. The material contained in this web site does not constitute legal advice, and is not guaranteed to be correct, complete, comprehensive or current. You should not act or rely on any information contained on this site without first seeking the advice of an attorney. The information presented on this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. The only way to become a client of the firm is through a mutual agreement in writing. Any e-mail or other communication sent to the firm or any of its lawyers through this website will not create a lawyer/client relationship and will not be treated as confidential.

 

]]>
The Criminal Law Process and You, Part 4 http://www.stewartandstewart.net/2014/05/criminal-law-process-and-you-part/ Wed, 28 May 2014 18:31:57 +0000 http://stewartandstewart.net/?p=1166  

John E. Lawes

John E. Lawes, Esq

Last week I addressed the trial process of a criminal proceeding. If you missed it, previous articles in this series can be found below.

 

As discussed, the state bears the burden of proof in criminal matters and must prove guilt beyond reasonable doubt. This holds true for all elements of the crime. During trial, once the state rests its case, the defendant is able to ask the court to throw the case out because the state has not met its burden of proof. If the case is not thrown out, the defense is then allowed to present its case. Once both sides have presented their case, the defense can again ask for the case to be dismissed. If it is not dismissed, then the case goes to the jury to determine the verdict.

 

If the defendant is found guilty, he or she will be subject to sentencing and the judge may hear additional evidence at that time. After the defendant is sentenced, the appeals process begins. Depending on the crime and what happened at trial, the defendant may be able to raise various issues on appeal. The primary areas of appeal are 1) if the constitutional rights of the defendant were violated during the introduction of evidence; or 2) if the introduction ran contrary to the rules of evidence.

 

The appeal process may be the most important part of the entire criminal process and is subject to rigorous time limitations. Once a defendant has been convicted, it is essential that his or her legal representation be well versed in the criminal appeals process. Because of this, it is important to take great care and diligence to find the proper legal representation any time a person is accused of a crime.

 

Related Posts

  • The Criminal Law Process and You, Part 3
  • The Criminal Law Process and You, Part 2
DISCLAIMER:
The following language is required pursuant to Rule 7.2, Alabama Rules of Professional Conduct. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. This web site is designed for general information purposes only. The material contained in this web site does not constitute legal advice, and is not guaranteed to be correct, complete, comprehensive or current. You should not act or rely on any information contained on this site without first seeking the advice of an attorney. The information presented on this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. The only way to become a client of the firm is through a mutual agreement in writing. Any e-mail or other communication sent to the firm or any of its lawyers through this website will not create a lawyer/client relationship and will not be treated as confidential.
]]>
The Criminal Law Process and You, Part 3 http://www.stewartandstewart.net/2014/05/criminal-process-and-you-part/ Tue, 20 May 2014 19:39:34 +0000 http://stewartandstewart.net/?p=1161 John E. Lawes

John E. Lawes, Esq

Last week, I addressed what happens during the preliminary stages of court proceedings. If you missed it, all articles appearing in this column can be found below.

If the crime in question is a felony and no plea has been entered during the preliminary process, then the case will proceed to trial. This can be the most important time for defendants because it is when they are able to formulate a defense. Under our justice system, those accused of a crime are presumed innocent until proven guilty. This presumption is only overcome when the state (or federal government for federal crimes) proves guilt beyond a reasonable doubt. That standard is the highest standard of proof in the entire legal system. In civil court, claimants must often prove their case by preponderance of the evidence (more likely than not), clear and convincing evidence, or substantial evidence. The criminal standard of proof is much higher than any of these civil standards.

Defendants are also provided constitutional protections, such as the right against self-incrimination and the right to confront witnesses against them. Defense counsel is also supposed to have access to all evidence that the state possesses, especially if that evidence would help to prove the defendant’s innocence. Eventually the case will go to trial, but before that, the defendant will have an opportunity to ask the court to exclude evidence based on either constitutional protections or the rules of evidence. Under Alabama law, it is not possible for the defendant to make a pretrial motion to dismiss a criminal case. Even if the evidence to be presented is minimal, the defendant may not ask the court to dismiss the case until the state has presented its case. Because of this, it is very important to have proper legal representation in the period leading up to trial. To do otherwise, may put you in jeopardy of losing your most valuable asset — your freedom.

Next week’s article will address what happens during the post-trial process.

DISCLAIMER:
The following language is required pursuant to Rule 7.2, Alabama Rules of Professional Conduct. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. This web site is designed for general information purposes only. The material contained in this web site does not constitute legal advice, and is not guaranteed to be correct, complete, comprehensive or current. You should not act or rely on any information contained on this site without first seeking the advice of an attorney. The information presented on this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. The only way to become a client of the firm is through a mutual agreement in writing. Any e-mail or other communication sent to the firm or any of its lawyers through this website will not create a lawyer/client relationship and will not be treated as confidential.
]]>
The Criminal Law Process and You, Part 1 http://www.stewartandstewart.net/2014/05/criminal-process-part/ Wed, 07 May 2014 19:42:51 +0000 http://stewartandstewart.net/?p=1144 No one wants it to happen, but sometimes even the best of us end up on the wrong side of the law. This week’s article will be the first of a series that details the criminal law process.

 

Usually, a person enters the criminal justice system at the time of arrest. In a typical traffic stop arrest, the defendant is stopped by the police for a reason. The police should have a rational basis for the traffic stop; this usually involves moving violations, vehicle violations like missing lights or heavy tint, or erratic behavior by the driver or passenger in response to a police presence.

 

Once the stop is made, the police can generally detain and search the occupants of the vehicle so long as the search is done in the furtherance of officer safety. Searches can escalate depending on other circumstances such as the officer detecting evidence of drugs by its odor or by noticing that the occupants seem to be under the influence of drugs.

 

If an arrest occurs, the person becomes part of the criminal justice system. The defendant will be taken into custody, searched, and fingerprinted. At this point, a “mug shot” is usually taken.   The judge (or in some instances a law enforcement official) may set the bond for release from jail.

 

Bond is the requisite amount of money needed to be posted to secure the defendant’s appearance at trial. The greater the flight risk a defendant presents, the greater the bond will be until the point at which the judge considers the defendant too great a flight risk and renders a decision that no bond can be posted.

 

Bond can be made in a variety of ways, but the most common is through the use of bail bondsmen. The bondsman provides the bond to the court and charges the defendant around 10% of the bond amount. This is commonly referred to as bail. If the defendant shows up at the trial date, the bondsman retains the 10% fee paid by the defendant. If the defendant does not show, then the bondsman is liable for the entirety of the bond unless he can secure the defendant’s appearance at court.

 

Next week’s article will address what happens when the defendant enters the court system.

DISCLAIMER:
The following language is required pursuant to Rule 7.2, Alabama Rules of Professional Conduct. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. This web site is designed for general information purposes only. The material contained in this web site does not constitute legal advice, and is not guaranteed to be correct, complete, comprehensive or current. You should not act or rely on any information contained on this site without first seeking the advice of an attorney. The information presented on this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. The only way to become a client of the firm is through a mutual agreement in writing. Any e-mail or other communication sent to the firm or any of its lawyers through this website will not create a lawyer/client relationship and will not be treated as confidential.
]]>
Editorial: Pathways to progress — Good roads and fast Internet service are … – Anniston Star http://www.stewartandstewart.net/2014/04/editorial-internet-anniston/ Wed, 30 Apr 2014 01:30:12 +0000 http://stewartandstewart.net/?p=1123 Editorial: Pathways to progress — Good roads and fast Internet service are …Anniston Star

In Anniston, a six-year-old nonprofit called Anniston Fiber Optics is dedicated to making a reliable and fast Internet available to children in city schools. It recently announced plans to provide the service to local businesses, with the profits going …and more …read more

Source: Anniston Fiber Optics

]]>
Anniston nonprofit expanding services to fund tech upgrades for local schools http://www.stewartandstewart.net/2014/04/anniston-nonprofit-expanding/ Thu, 17 Apr 2014 19:25:37 +0000 http://www.stewartandstewart.net/?p=994 An Anniston nonprofit that made high-speed Internet access possible for city schools wants to charge area businesses for the same service to fund more technology initiatives for local students.

Anniston Fiber Optics, a nonprofit created in 2008 to provide broadband high-speed Internet access to Anniston schools, has hired Birmingham-based Slappey Communications to manage and expand its network. Through the partnership, the nonprofit wants to lease some of its fiber optic cable to local businesses for high-speed Internet and use the revenue to pay for new technology to improve educational opportunities for Anniston public school students.

“We plan to expand the system and offer additional services … someone leases the fiber from us and then all that money goes back into the school system,” said Donald Stewart, a local attorney and founder of the Stewart Family Foundation, which created Anniston Fiber Optics.

Anniston Fiber Optics initially received $1.2 million from state grants, including the Alabama Department of Education, and money from the Stewart Family Foundation to install the 25 miles of fiber optic cable. The cable provides high-speed broadband Internet to all Anniston schools, Gadsden State Community College’s Ayers and McClellan campuses and the Calhoun County Technical School. The cable is also connected to the Calhoun County Sheriff’s Office and the Coosa Valley Juvenile Services complex.

Read more…..

]]>
Slappey Communications to Manage Anniston Fiber Optics http://www.stewartandstewart.net/2014/04/slappey-communications-to-manage-anniston-fiber-optics/ Mon, 07 Apr 2014 17:43:44 +0000 http://www.stewartandstewart.net/?p=951 Fiber Optics network vital to local school, private entities and government expansion of broadband throughout Anniston and Calhoun County

Anniston, Ala. – Birmingham-based Slappey Communications is managing Anniston Fiber Optics network and leasing the optical fiber. Anniston Fiber Optics, Inc. began as an initiative of the Stewart Family Foundation to provide broadband access to local schools. Slappey Communications has been brought on to ensure optimal performance of the system as well as selling the remaining fibers.

“We are very excited for the opportunity to work with Anniston Fiber Optics,” says Bill Slappey of Slappey Communications, Inc. “We look forward to expanding and maintaining the network that is vital to local school, private companies and other government operations.”

Anniston Fiber Optics, Inc. is dedicated to assisting the Anniston City Schools by giving contributions to the school district for computer technology and the vocational education program.  In January 2014, the organization gave $125,000 to the Public Education Foundation of Anniston in support of classroom technology. In July 2013, Anniston Fiber Optics presented a $100,000 check to go towards the career technology program for Anniston City Schools.

“It’s great to see the Anniston Fiber Optics Network grow and serve an expanding area,” says Taylor Stewart of the Stewart Family Foundation. “We are confident that Slappey Communications will help our fiber optic network reach its full potential.”

For more information on Anniston Fiber Optics contact Rachael Harris at 256-237-9311.

 

About Anniston Fiber Optics, Inc.

Founded in 2008, Anniston Fiber Optics is a non-profit organization that seeks to provide technological improvements by providing fiber optics in the east Alabama region. Grant awards through the Appalachian Regional Commission, the State of Alabama Department of Education and private funding from the Stewart Family Foundation have increased the original vision of the organization. Anniston Fiber Optics recognizes the need for modernizing technology in the Appalachian Region as a necessary part of long term economic stability and prosperity. For more, visit StewartandStewart.net.

]]>
Can I Sue For A Violation of My Civil Rights? http://www.stewartandstewart.net/2014/04/can-i-sue-for-a-violation-of-my-civil-rights/ Thu, 03 Apr 2014 16:03:10 +0000 http://www.stewartandstewart.net/?p=949

John E. Lawes

John E. Lawes, Esq

There are several ways in which a person may proceed with a lawsuit if they feel that their civil rights have been violated.  Federal law creates private causes of action for various infringements on civil rights.  Some apply to private entities while others prohibit actions by government officials.  The following is a quick review of some of these causes of action.

Suits against governmental actions normally fall under the prevue of section 1983 of the United States Code.  Section 1983 provides a private cause of action against persons who deprive a party of rights secured under the United States Constitution or the laws of the United States if that person was acting “under color of law”.  Section 1983 lawsuit are most commonly seen in prison or police brutality settings.  Defendants may able to avail themselves of various types of immunity depending on the circumstances.

Employment discrimination is generally governed by Title VII of the Civil Rights Act of 1964 which prohibits discrimination based on race, color, religion, sex, or national origin in an employment setting.  In order to bring this type of lawsuit, a person must make a complaint to the Equal Employment Opportunity Commission, allow an investigation of the complaint, and obtain a right to sue letter.  A lawsuit must then be filed within ninety days of the issuing of the right to sue letter.

Other types of civil rights causes of action include actions under the American with Disabilities Act, the Equal Pay Act, and the Age Discrimination in Employment Act.  Each of these laws carries with it different procedural obstacles and burdens.  If you feel your civil rights have been violated, it is best to contact an attorney that help you navigate the process. A failure to do so may mean that that the violations to your rights are not properly compensated.

Related Posts

DISCLAIMER:
The following language is required pursuant to Rule 7.2, Alabama Rules of Professional Conduct. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. This web site is designed for general information purposes only. The material contained in this web site does not constitute legal advice, and is not guaranteed to be correct, complete, comprehensive or current. You should not act or rely on any information contained on this site without first seeking the advice of an attorney. The information presented on this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. The only way to become a client of the firm is through a mutual agreement in writing. Any e-mail or other communication sent to the firm or any of its lawyers through this website will not create a lawyer/client relationship and will not be treated as confidential.

 

]]>
What is a Class Action? http://www.stewartandstewart.net/2014/03/what-is-a-class-action/ Thu, 27 Mar 2014 14:15:11 +0000 http://www.stewartandstewart.net/?p=946

John E. Lawes

John E. Lawes, Esq

It may happen that one day you receive a small postcard or letter in the mail stating that you may be able to recover for some lawsuit that you may not have even heard about.  These notices are may be a part of the often misunderstood area of the law known as a class action lawsuit.

In order to better understand class actions it is necessary to understand one of the more complex areas of the law known as standing.  In the simplest terms standing is the ability to sue.  In order to bring a lawsuit a person (or entity) must present his or her own claims.  A person may not sue in place of another.  For example if a husband and wife get into a car accident the husband must sue for his injuries and the wife must sue for hers.  The husband cannot go into court and ask for his wife’s damages.  As with any legal principal there are exceptions.  Minors or otherwise incompetent or incapacitated persons cannot bring their own claims into court so they can be represented by other persons through various legal vehicles.

The class action lawsuit is based on the idea that some wrongs are large in the aggregate but are simply too small for any person with standing to bring them.  A good example is a recent case brought on behalf of persons who bought sneakers which were falsely marketed as providing health benefits.  A single person with standing to sue could only recover damages linked to his or her purchase.  The amount of recovery would not be worth going into court.  However, tens of thousands of these shoes were sold.

The class action lawsuit allows for a few representatives to bring the claims of a large group of similarly situated persons even though they traditionally would not have standing to sue on behalf of others.  In so doing, class actions both benefit the public and add an extra layer of oversight to the market place.

Related Posts

  • Why Time Matters
  • Can I Sue For A Violation of My Civil Rights?
  • Anatomy of a Lawsuit, Part 3
DISCLAIMER:
The following language is required pursuant to Rule 7.2, Alabama Rules of Professional Conduct. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. This web site is designed for general information purposes only. The material contained in this web site does not constitute legal advice, and is not guaranteed to be correct, complete, comprehensive or current. You should not act or rely on any information contained on this site without first seeking the advice of an attorney. The information presented on this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. The only way to become a client of the firm is through a mutual agreement in writing. Any e-mail or other communication sent to the firm or any of its lawyers through this website will not create a lawyer/client relationship and will not be treated as confidential trouver du viagra pas cher.
]]>
What is premise liability? http://www.stewartandstewart.net/2014/02/what-is-premise-liability/ Fri, 21 Feb 2014 03:13:55 +0000 http://sslegalcorner.wordpress.com/?p=21

John E. Lawes

John E. Lawes, Esq

In Alabama property owners have a responsibility to maintain their property in a manner that makes it reasonably safe for the public, including a duty to warn the public in certain circumstances. Premise liability refers to the type of claim available to a person who has been injured as a result of the property owner not meeting that responsibility. These types of cases are often referred to as “slip and fall” or “trip and fall” cases.

An injury occurring on a property does not raise a presumption that the owner is liable. The injured person must prove that his or her injury occurred as a result of the unsafe condition. In certain circumstances the injured person must prove that the owner knew (or reasonable should have known) of the unsafe condition prior to the injury but did not take the reasonable steps to either warn of the condition or correct it.

An injured person may be prevented from recovery if the condition that caused the injury was “open and obvious”. An “open and obvious” condition is one that is known to the injured person or should have been reasonably observed by injured person.

If you feel you have been hurt because of a property owner’s failure to maintain a safe property, you should report the accident to the property owner immediately. If at all possible retain a copy of an incident report and take pictures of the condition to save as evidence. Seek the necessary medical attention and contact an attorney to see if you have a viable claim.

Related Posts

  • What are my options if I’ve been hurt by a product?
DISCLAIMER:
The following language is required pursuant to Rule 7.2, Alabama Rules of Professional Conduct. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. This web site is designed for general information purposes only. The material contained in this web site does not constitute legal advice, and is not guaranteed to be correct, complete, comprehensive or current. You should not act or rely on any information contained on this site without first seeking the advice of an attorney. The information presented on this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. The only way to become a client of the firm is through a mutual agreement in writing. Any e-mail or other communication sent to the firm or any of its lawyers through this website will not create a lawyer/client relationship and will not be treated as confidential.
]]>