India Tourist Visa Guidelines for Visa Extension

Longer extensions must be approved by the Ministry of Home Affairs (MHA). The process of applying for one can give you a bit of a grace period while they consider it. It’s important to note that if you stay in the country illegally beyond the period of your visa, you may face fines, deportation and/or up to five years in prison.

Visa conversions and extensions are handled by the MHA only between 10 A.M. and noon, Monday to Friday. The address for the main office is Foreigners’ Division, MHA, Lok Nayak Bhawan, Khan Market, New Delhi. If you want to change your visa status from one category to another, you should go in person to the office. In case of serious illness, you can send a representative. If you aren’t in Delhi, go to the nearest Foreigners’ Registration Office (FRO), which will forward your case to the MHA for approval. Applications for extensions or conversions should be made a few months before your current visa expires, if possible.

In general, you can’t change the category of your visa while you are in India; e.g., if you are in India on a Tourist Visa, you can’t just decide to take up a job. In such a case, you have to go back to your own country to apply for a new visa. The MHA does have the authority to give you a different visa if there are extraordinary circumstances, but they rarely do it.

PIO Cards and OCI Status- If your parents, grandparents or great-grandparents were Indian nationals, or if you are the spouse of an Indian citizen or PIO, or if you once held an India passport, you can get a PIO (Person of Indian Origin) Card that is valid for 15 years. This card allows visa-free entry to PIOs living abroad, but you do have to register if you stay more than 180 days.

There is also a status called Overseas Citizenship of India (OCI) that is available to PIOs or others who either are or were eligible for Indian citizenship at a certain time. This is not dual citizenship. Rather, it’s essentially a permanent visa that allows you to come and go as you wish and to stay as long as you like without registering. It gives you most of the privileges enjoyed by Indian citizens, except that you can’t vote, buy agricultural land, or hold certain public offices.

Exit Visa- If your passport is lost or stolen; you have gone to the FRRO so you can get your visa transferred to the new passport. Or you can get an Exit Visa, which will allow you a certain number of days in which to leave the country legally. Without one or the other, you won’t be able to leave India. To get an Exit Visa, you need to present your new passport, a letter from your embassy giving details of the lost or stolen passport, and the original police report, as well as proof of date of entry into India (i.e., your boarding pass, a letter from the airline on which you arrived verifying date and place for your arrival in India, or a photocopy of your visa and entry stamp).

Special Permits- In order to visit certain restricted or protected areas, including the Andaman Islands, Lakshadweep, parts of Ladakh, and some of the Northeastern States, you will need a special permit. Some permits (excluding Inner Line permits for border areas of Ladakh, which take only a day) may take a week or two to get, so you should apply well in advance. You can get permits come Sikkim from embassies and consulates abroad before you come, or the Foreigners’ Registration Offices in India, and in Darjeeling and Siliguri, as well as at certain major airports.

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When Do You Need a Medical Malpractice Attorney?

Although it is thoroughly grounded in sciences such as chemistry, anatomy, biology, and more, medicine is still far from an exact science. This is why operating as a medical professional is known as practicing medicine. Still, there is a certain standard of care that has been established over the years that every medical professional is supposed to deliver. If you live in the Phoenix area and feel that your doctor or other healthcare provider has not met this standard of care, you may have need of a Phoenix medical malpractice attorney.

Medical malpractice attorneys are specially trained to examine medical documents and histories to determine if the medical professional was in some way negligent in providing the acceptable standard of care. Sadly, there are times when something goes wrong with a medical procedure and nobody is really to blame. An attorney will be able to tell you if you have a valid claim to a Phoenix medical malpractice lawsuit.

Of course, there are an untold number of cases where the standard of care was not met. In these cases, the attorney will begin working to get you adequate compensation for your pain and suffering or punitive damages in the case of a wrongful death. These cases can often drag out over a period of years before being settled, but a good attorney will hang in there with you until the end and see to it that you get what you deserve as compensation for the medical professional’s negligence.

While bad outcomes do, sometimes, happen and not every case is one of malpractice, a Phoenix attorney will work on your behalf to prove that a medical care provider did not deliver a standard of care that was up to the accepted standards. He/she will work to secure compensation for you for the unnecessary pain and suffering you experience as a result of this failure on the part of a healthcare provider.

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Tips to Ease Your Defense Attorney Search

Those of you out in Arizona should be thankful there are so many Phoenix defense attorneys to choose from. The toughest part in finding a defense attorney is to figure out where to look first. You can always grab a phone book, but it isn’t a very good resource for sorting through the right types of lawyer you need, plus it could take ages to call around and find out.

You might think that making a few phone calls won’t take a great deal of time-and it probably doesn’t if you’re excellent at speaking over the telephone-but you may have to call up ten Phoenix lawyers before you find one who specializes in the area of law that your case is included under. Attorneys are really starting to get with the “digital age” by maintaining website about their practice. Most have a portfolio describing their educational and professional background, but if not, you can always check with the Better Business Bureau to see if anyone has had a bad experience with them.

If you know of any friends, family members, or other acquaintances who have previously used a defense attorney, you might consult with them and ask if they could recommend anyone to you. This is a great way to build your confidence in an attorney, as you have a trustworthy recommendation from a source who has worked first-hand with the attorney.

If you are dealing with a Phoenix criminal defense case, you might want to be especially thorough with your hunt for a lawyer, as the skills and experience of the attorney could mean freedom or a jail sentence. Many websites will actually cater to people looking for reviews of attorneys from peers and previous clients. This can be a great way to get someone’s honest opinion about the lawyer’s capability.

So take a bit of time and do a bit of research before you hire just any attorney. You’ll find plenty of help online in a variety of places; after all, you’re dealing with a legal issue that can affect you for the rest of your life. Just as with anything else in life there are good attorneys and poor attorneys and if your going to have to spend money purchase the best Attorney you can.

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Finding a Good Bankruptcy Lawyer

Texas is the second largest state in the United States, and as you can imagine, there are plenty of San Antonio bankruptcy lawyers available for you to choose from. The tough part isn’t necessarily finding an attorney, it’s choosing one. You will find that by doing a bit of research, you can minimize your results down so that you’re left choosing from only the lawyers who will benefit you and your case.

Bankruptcy has a lot of truths and myths floating around that end up confusing many people. The first thing you should do before seeking an attorney is to educate yourself on bankruptcy and the different chapters there are. The attorney that you end up hiring will be able to educate you, but it might be best if you start off with a bit of a foundation of knowledge. Plus, when it comes time to choose your lawyer, you will be able to find one who specializes in exactly the type of bankruptcy you wish to file, or they might even be able to recommend a different chapter of bankruptcy to file if they feel it would better suit your situation.

One thing to remember when considering bankruptcy is that the economy is wreaking havoc on many peoples’ finances, and you are not the only person having to file bankruptcy and start over. There is no shame in seeking the help of an experienced lawyer to help you file San Antonio bankruptcy. Besides, hiring an attorney doesn’t have to be expensive if they specialize in bankruptcy. Most of them are sympathetic with the fact that people needing to file bankruptcy cannot afford colossal lawyer fees.

A great tip to remember is to generate a list of questions that you want to ask an attorney during the initial meeting, or consultation. Try to keep in mind that this “interview” should leave you feeling confident that the San Antonio attorney is not only qualified to practice law, but is familiar and experienced in handling bankruptcy cases and has a proven track record of such. If you walk away feeling like the lawyer left something to be desired, feel free to “shop around” until you find someone who better suits you. There are plenty out there to choose from, so don’t feel like you have to compromise!

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What Does a Notary Public Do and Why?

Notary Public is important to the legal system as many court documents must be notarized. A notary public is a person authorized by the Secretary of State to serve the public in non-contentious matters and has statutory powers to witness documents, administer oaths, and perform other wide-ranging administrative functions of a national and international nature. The main functions of a notary include:

· Attesting documents and certifying their due execution for use
· Preparing and certifying powers of attorney, wills, deeds, contracts and other legal documents
· Administering oaths
· Witnessing signatures to affidavits, statutory declarations, powers of attorney, contracts, and other documents
· Verifying documents
· Certifying copy documents
· Exemplifying official documents
· Notes and protests bills of exchange

A document is “notarized” with a special embossed notary seal to affirm that the signers are indeed who they say they are. Notaries Public affix their official seal or stamp, to documents immediately under, adjacent or as near as possible to their signatures.

The eligibility criteria for becoming a notary are determined by state law. Each state has its own requirements. Generally the person must be at least 18 years of age and either living or be employed in the state. There are no specific legal training requirements. Most states also require applicants to take and pass a proctored exam before practicing as a notary public. Some states ask that individuals secure a bond prior to applying for a position as a notary public. Once commissioned as a notary public, the commission is valid for a fixed term and must be renewed on expiry of the term. Most states prescribe the fees that a notary public can charge. A notary public must keep a record in a well-bound book of each of his or her attestations.

Notaries are expected to be familiar with the codes and ordinances applicable to notarizing documents and performing notary duties. A notary may be sued if his/her actions were negligent. Upon notification by a court of law that a notary has been convicted of false certification, the Secretary of State will revoke the notary’s commission. Errors and Omissions Insurance (commonly called E & O) is a form of liability insurance that protects the notary public from claims or suits that are the result of the notary’s negligent acts, errors or omissions.

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Tips For Choosing the Perfect Lawyer

Choosing the perfect lawyer / attorney would be the hardest part for any one. You need some one with great passion and professional touch in the profession to win cases for you. A lawyer should be more like a friend to you to cleanly understand your issues and problems. You need a lawyer who is specializing in that particular matter of concern. A divorce lawyer / attorney won’t be that much efficient in handling criminal cases / accident cases. So you should do your research before choosing you lawyer.

To choose your right lawyer, you at least do the following:

  1. Talk to your friends / relatives who have gone through the same pace of life, ask them and get to know whom they have selected.
  2. Do talk to more than one lawyer / attorney.
  3. While handling with law firms, do talk to the lawyers / attorneys who is going to take up your case rather than the councilors / executives.
  4. Find what the lawyers are charging and their style of functioning.
  5. Some senior lawyers would take up the case and hand over that to juniors. We need someone who really understand our issues and find a solution for us.
  6. Do search in yellow pages / white pages / Bar association websites and read reviews about the lawyers / Law firm.
  7. Find out whether the lawyer is a member of local, state, or national associations.
  8. Determine the experience of the lawyer and the types of cases that have been handled by him.
  9. How you will be informed about the case progress and how often?
  10. Get clarified how long it takes to resolve the issues.

Choose the lawyer who provides you the answers that make you comfortable. You need a smart lawyer who will work hard on your behalf and complete all assignments in a timely and professional approach. You also need a lawyer who you get along with and like. By selecting the right lawyer will would save you precious time as well as money at the same time you can also reduce your stress level as the lawyer is going to take up the assignment.

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Lawyer Advice – How To Find And Seek Legal Advice From A Lawyer

With the explosion of the internet, finding the lawyer that you need for your case just seem to be the next natural thing to do since the internet is the leading source of information. Not only that, the Internet also provides the necessary information that you need about the lawyers to engage the right person to take on the case. By doing a search in the search engine, you will get listing of lawyers in which you can narrow down your searches to those in your area.

As the legal system is a complex system, it is better to find a lawyer to represent you even though you can be spending a lot of money to seek legal advice from a lawyer. In fact, it may actually turn up to be a good investment that can save you a lot of time, money and effort.

As every lawyer specializes in different field of the law, it is very important to find the right one who has the expertise and experience to efficiently represent a client in regards to the legal problem. This is especially important when you need good legal advice to protect your financial interests, comply with government rules and regulation for your business or keeping your properties from fraudulent individuals.

Thus, if you really need legal advice from a lawyer, you should approach the lawyer early as they would need time to prepare and analyze your case. You will find that things will be much clearer to you after talking to the lawyer and you will have a better perspective of the situation. You would also have a better idea of the decision that you may undertook and the kind of consequences that came along if you took that course of action.

When engaging a lawyer, do also consider the various factors that determine your lawyer’s fee as you wouldn’t want to have a leave a ‘dent’ in your bank account. Some of the common factors that affect lawyer’s fees would include advice, outcome, overhead, experience, time and effort, difficulty of case, prominence of lawyer, geographical location.

Communicate with the lawyer and agree upon the type of payment that suits your paying capabilities before you commence with any legal proceedings. By doing so, will ensure that you will have a smooth relationship with your lawyer towards the success of your case.

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Estafa Vs B.P.22 – What Is the Difference?

We’re pretty sure there’s a point in time that you became party to a transaction, either as payee or payer. Of course as payee, receiving cash is much preferred as you are sure that your payment was given to you in full sans any further action needed from your end. Now as payer, issuing a check is so much more convenient, especially for substantial transactions, as you would not have to worry about bringing cash and making sure that all your expenses are accounted and debited for, up to the last centavo.

It’s great if all transactions went smoothly without any hitch. However, with both parties making and receiving payment all in good faith. But what if you were conned by someone you had the mistake of trusting? Or what if you issued a check as a show of good faith to close out on a deal but at the time of issuance, the account has insufficient funds and you made a mental note to replenish the account as soon as you got paid. Alas, you then notice that your check bounced.

The above instances had surged over the years and has caused an unfortunate chain reaction which prompted the filing of either or both the following cases: Estafa and Violation of Batas Pambasa (BP) 22 or the Bouncing Checks Law.

Estafa Through Issuance of Unfunded Checks
The crime of Estafa is punished under the Revised Penal Code. One can be held guilty for Estafa by means of issuing a bouncing check with the use of false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:
“By postdating a check, or issuing a check in payment of an obligation when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. (Article 315(2)(d) of the Revised Penal Code as amended by R.A. 4885)”

How can a person be held guilty for Estafa?

Under the RPC, the following elements are necessary to hold a person guilty of Estafa:

  1. Postdating or issuance of a check in payment of an obligation contracted at the time the check was issued
  2. Insufficiency of funds to cover the check, and
  3. Damage to the payee thereof.

The most important element here is the damage caused. Absent any of the following elements, a person cannot be held liable for Estafa.

Case in point:

Andres owns and operates a trading good business and bought merchandise from Bonifacio and issued an unfunded check in consideration of the goods received.

In this scenario, Andres can be held liable for Estafa because he issued a check knowing it to be without sufficient funds to pay the items he bought from Bonifacio. The issuance of the bounced check here was with fraudulent intent.

Bouncing Checks Law (BP 22)
Unlike Estafa which has its basis under the RPC, BP 22 is enacted through a special law. A person can be charged for violation of BP 22 when he commits the following acts:

  1. Making or drawing and issuing any check to apply on account or for value, knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment, which check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment;
  2. Having sufficient funds in or credit with the drawee bank when he makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of ninety (90) days from the date appearing thereon, for which reason it is dishonored by the drawee bank.

How can a person be held guilty for Violation of BP 22?

Violation of BP 22 can be filed against any person when the following are present:

  1. Making, drawing and issuance of any check to apply for account or for value;
  2. Knowledge of the maker, drawer, or issuer that at the time of issue he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment; and
  3. Subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit or dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment.

Same with Estafa, the presence of all these requirements is important. Otherwise, the charge of BP 22 will not attach. Note that knowledge of insufficiency of funds is presumed when it is proved that the issuer received a notice of dishonor and that within 5 days from receipt thereof, he failed to pay the amount of the check or make arrangement for its payment. Additionally, in BP 22, good faith is immaterial. Meaning, the mere issuance of an unfunded check already consummates the crime.

Using the same example above, Andres can also be charged for Violation of BP 22, other than Estafa, because BP 22 cases also cover issuances of bouncing checks for value received.

Where does the disparity lie?

It is Estafa when, among others, you issue an unfunded check with fraudulent intent in consideration of something of value you received. Here intent is material and good faith may be used as a defense.

It is a case for Violation of BP 22 when you issue an unfunded check whether or not it is for an obligation you contracted prior to the issuance of the check or not. Simply put, you are liable for BP 22 whether you issue a check for a present or a past obligation.

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Is the Cost of Bail Higher for Felony Charges?

Discovering that your loved one has been arrested is not an enjoyable experience. No one wants to get this phone call; especially because your first thought is likely about the expense it will cost you. Finding out that your loved one was arrested on serious felony charges is even more disturbing, and can cause your mind to go into a whirlwind of questions and concerns. As history shows, many people want to know if a felony charge will increase the cost of a bail bond. The answer to this question, however, is not cut and dry. Continue reading to learn how the cost of bail is calculated, and whether or not the severity of the crime affects the total price of bail.

Cost of Bail

Bonds are set by judges who consider various factors before deciding on an amount. These factors include, but are not limited to, the defendant’s criminal history, the severity of their crime, and whether or not they are a flight risk. So in short, “yes”; the cost of bail is absolutely affected by the severity of criminal charges. This is for many reasons.

Bail Schedules

Most states have bail schedules with predetermined bond amounts for certain categories of crimes. For instance, shoplifting might come with an automatic bail schedule of $1000, while domestic violence might have a $10,000 bond or more. The more serious the crime, the higher the bond amount set by the judge. If a charge is a violent one, such as assault, battery, domestic disturbances, and child abuse, you can guarantee that the bond will be set high. Furthermore, all preset bond amounts, however, can be increased upon the judge’s discretion depending on the previously discussed factors. But not to worry, our U.S. Constitution protects us from excessive bond amounts. So they will be fair.

Bail Bondsmen

Unless you want to pay the jail or courts the full bond amount in cash or property, you will need to hire a bail bondsman. They charge a nonrefundable fee that is a set percentage of the total bond amount. For felony charges, bond amounts will be higher, which means the cost of a bail bond will be too. The premium a bail bondsman is allowed to charge is controlled and regulated by the State’s Insurance Department. Currently, this rates are set between 10 and 15 percent. This means that the total allowable premium that bail bond companies are allowed to charge can be anywhere between these percentages. They get to choose how much they charge within this range. If a person is facing a felony charge and they have a history for fleeing, a bail bondsman will charge on the higher end, closer to the 15% marker. For first time or minor offenses, most stick with the 10% charge.

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Vehicle Tracking Laws

Real-time vehicle GPS Trackers have different laws that vary from state to state. Each state has a different law, so it is important to check with a lawyer to make sure that placement of the GPS won’t have any legal issues.

General laws

  • It is generally legal to use a GPS Tracker if you or the organization own the vehicle that is being tracked, or if you are the owner of the asset.
  • It is also usually legal if you are tracking your child that is under the age of 18.
  • Usually, it is legal to track a car or asset for legal repossession in the event of a loan or default.
  • It is usually illegal to use a tracking device if you are not the owner of the vehicle or if you are tracking a boyfriend or girlfriend in their own car.

Laws in the state of Florida

The state of Florida has tracking laws that can be different from other states.

Florida established a new statute that makes it illegal for somebody to place a tracking device unless you are the owner of the vehicle.

The exception to this law is a parent who is the sole guardian of a child, or if both parents consent to place a tracking device to monitor their child.

Another exception to this law is a person with a disability. This can include an Alzheimer’s patient or somebody suffering from dementia.

Using a GPS Tracker illegally in Florida is a second-degree misdemeanor. This can lead to an excessive fine or up to six months of jail time.

It is very important to verify your state laws prior to placing the tracking device. Each state has unique laws so even though it may be completely legal in one state, it can potentially lead to jail time in another state.

The general rule of thumb is that if the vehicle is in completely in your name, you should be permitted to place a GPS Tracking device to monitor the vehicle. However, if you are placing the GPS Tracker on somebody else vehicle, it is most likely illegal and can result in a fine or possibly even jail time.

Again, these laws are state specific so it is very important to consult a lawyer prior to purchasing a tracking device. The laws are also constantly changing in every specific state in the U.S., and it is important to check your state laws before purchasing and activating any GPS Tracker.

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