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Recent Posts

  1. Constructive Possession in Arkansas and the Seven Magic Words: "Officer, I Don't Consent to Any Searches."
    Monday, August 15, 2011
  2. FDA Posts New Guidelines for Sunscreen Protection
    Monday, August 01, 2011
  3. Tomorrow's cars maybe a cure for Drunk Driving?
    Thursday, July 07, 2011
  4. Under Age Drinking
    Friday, May 06, 2011
  5. Prom Season and Drinking and Driving.
    Thursday, May 05, 2011
  6. Tornado Ready
    Wednesday, April 27, 2011
  7. Social Security - Frequently Asked Questions
    Monday, January 24, 2011
  8. Insurance Follows the Car
    Monday, January 17, 2011
  9. Collections
    Wednesday, January 05, 2011
  10. Fire and Products Liability
    Friday, December 03, 2010

Recent Comments

Dear Lawyer Green,

Constructive Possession in Arkansas and the Seven Magic Words: "Officer, I Don't Consent to Any Searches."

In Arkansas, many innocent citizens have been, and many more will be, arrested when a car in which they are a passenger is stopped for a minor traffic violation and subsequently searched. In a substantial number of these encounters, the officer will have no probable cause to search the vehicle. He'll request the driver's consent to search, and the driver will give it.

Often, this "request" will sound and feel like a demand; it may be a branch in a compound question: "You don't have anything illegal in the car do you? Mind if I take a look?"

The proper answer to that question is, "Officer, I don't consent to any searches. Am I being detained or am I free to go?"

When you find yourself arrested and charged as a result of drugs being found in the car in which you were a passenger, unless they were on your person, your charges stem from the theory of "constructive possession."

In Arkansas, the Supreme Court has consistently held that it is not necessary for the State to prove that you had actual physical possession of the drugs. Possession can be implied when the drugs are found in a place that is immediately and exclusively accessible to you and "subject to your dominion and control." If the State can prove that you had care, control and management over the contraband, you may be found guilty of possession under the constructive possession theory.

However, where evidence of possession is purely circumstantial, as it is where you are simply a passenger in the car where the drugs are found, the State needs more to establish possession. There must be some additional factor beyond your mere presence to link you to the contraband. In fact, there must be some evidence that you had knowledge of the presence of the controlled substance in the vehicle.

If the contraband is in plain view, or plain smell, the State will have the proof it needs to show you had knowledge of the presence of the contraband. Your presence coupled with knowledge of the drug's presence is enough for a judge or jury to find you guilty in Arkansas.
In sum, you don't have to be holding it to be found guilty of possession; if you can see it or smell it, you know it's there. Never consent to a search and remind your friends: "Officer, I don't consent to any searches. Am I being detained or am I free to go?"

FDA Posts New Guidelines for Sunscreen Protection

The FDA new guidelines for sunscreen products should help protect consumers against both sunburns- caused by ultraviolet B rays, and skin cancer and aging-caused by the more dangerous ultraviolet A rays. Manufacturers will now be required to let consumers know if their product blocks either UVA or UVB rays. To protect yourself, you will need to use a " broad spectrum" sunscreen that blocks both rays. Manufacturers will also be required to market their sunscreen with an SPF rating of at least 15. There are 65,000 Americans diagnosed with malignant melanoma each year and almost 9,000 deaths. The FDA also is banning sunscreen that claim to be "waterproof" and "sweat proof". Remember to protect your skin anytime you will be outdoors, even if it is for a short walk.


Tomorrow's cars maybe a cure for Drunk Driving?

A new bill, called ROAD SAFE ACT, was introduced on March 8, 2011 for consideration in the Senate. The bill authorizes funding to aid research of advanced technologies, which could lead to eliminating drunk driving.
" More than 10,000 people are killed each year in drunk driving crashes across the country and in my home state of New Mexico," stated Senator Udall one of the sponsor of the bill. "This legislation is designed to help keep our roads safe by investing in new technology that will prevent Americans from driving if they have had too much to drink."
The project is called DRIVER ALCOHOL DETECTION SYSTEM FOR SAFETY, or DADSS, and is a cooperation between the Automotive Coalition for Traffic Safety (ACTS), comprising the world's leading car manufacturers, and the National Highway Traffic Safety Administration (NHTSA).
ROAD SAFE (S 510/HR 2324) would provide $12 million a year over five years to help the research for DADDS. The money would come from the existing highway safety spending and not from new spending from taxpayers.
E-mail your representative and Senators in support of ROADS SAFE immediately.
Together, we can eliminate drunk driving!
www.gGreen.com
www.madd.org.

Under Age Drinking


Prom Season and Drinking and Driving.

Parents do matter.

It’s important to talk with your teens about alcohol, discuss rules, and if the rules are broken, then implement consequences. Show your teens that you care about them by being interested in what they are doing, and with whom they spend their time. This will open the path of communication and maybe your children will listen when you talk to them about more important things, like drinking and driving.

During prom season remember that your role and influence as a parent are crucial.

Be a positive role model.

For more information go to Mothers Against Drunk Driving www.madd.org/underage-drinking/the-power-of-parents/high-school-parents

Tornado Ready

As posted by American Red Cross Greater Arkansas Region:

http://www.arkansasredcross.org/index.asp?IDCapitulo=8T5VD1P333

For particular information in your state go to:  http://www.redcross.org/


Arkansas is no stranger to tornadoes. While the number of storms increases during the fall and spring change of seasons, tornadoes can occur any month of the year.  And, according to Dr. Walker Ashley, a meteorologist at Northern Illinois University, Arkansas lies in “fatality alley” due to the number of mobile homes and the number of tornadoes that occur at night increases the probability of injuries and deaths; another reminder of the importance of keeping a NOAA weather radio.
 
These violent storms are capable of completely destroying well-made structures, uprooting trees and hurling objects through the air like deadly missiles. This past spring, the state was stressed with an especially high and rapid number of tornadoes watches and warnings April 30 and May 1 with tornadoes damages homes in numerous counties with the communities of Scotland and East End taking the brunt of the storms. Three fatalities and numerous injuries were caused by the storm’s destruction.
 
Know the Difference

Tornado Watch
Tornadoes are possible in and near the watch area. Review and discuss your emergency plans, and check supplies and your safe room. Be ready to act quickly if a warning is issued or you suspect a tornado is approaching. Acting early helps to save lives!

Tornado Warning
A tornado has been sighted or indicated by weather radar. Tornado warnings indicate imminent danger to life and property. Go immediately under ground to a basement, storm cellar or an interior room (closet, hallway or bathroom)
http://www.redcross.org/www-files/Documents/pdf/Preparedness/checklists/Tornado.pdf

What should I do to prepare for a tornado?
  • During any storm, listen to local news or a NOAA Weather Radio to stay informed about watches and warnings.
  • Know your community's warning system. Communities have different ways of warning residents about tornados, with many having sirens intended for outdoor warning purposes.
  • Pick a safe room in your home where household members and pets may gather during a tornado. This should be a basement, storm cellar or an interior room on the lowest floor with no windows.
  • Practice periodic tornado drills so that everyone knows what to do if a tornado is approaching.
  • Consider having your safe room reinforced. Plans for reinforcing an interior room to provide better protection can be found on the FEMA Web site at http://www.fema.gov/plan/prevent/rms/rmsp453.shtm.
  • Prepare for high winds by removing diseased and damaged limbs from trees.
  • Move or secure lawn furniture, trash cans, hanging plants or anything else that can be picked up by the wind and become a projectile.
  • Watch for tornado danger signs:
    • Dark, often greenish clouds-a phenomenon caused by hail
    • Wall cloud-an isolated lowering of the base of a thunderstorm
    • Cloud of debris
    • Large hail
    • Funnel cloud-a visible rotating extension of the cloud base
    • Roaring noise
What should I do if a tornado is threatening?
  • The safest place to be is an underground shelter, basement or safe room.
  • If no underground shelter or safe room is available, a small, windowless interior room or hallway on the lowest level of a sturdy building is the safest alternative.
    • Mobile homes are not safe during tornadoes or other severe winds.
    • Do not seek shelter in a hallway or bathroom of a mobile home.
  • If you have access to a sturdy shelter or a vehicle, abandon your mobile home immediately.
  • Go to the nearest sturdy building or shelter immediately, using your seat belt if driving.
  • Do not wait until you see the tornado.
  • If you are caught outdoors, seek shelter in a basement, shelter or sturdy building. If you cannot quickly walk to a shelter:
    • Immediately get into a vehicle, buckle your seat belt and try to drive to the closest sturdy shelter.
    • If flying debris occurs while you are driving, pull over and park. Now you have the following options as a last resort:
      • Stay in the car with the seat belt on. Put your head down below the windows, covering with your hands and a blanket if possible.
      • If you can safely get noticeably lower than the level of the roadway, exit your car and lie in that area, covering your head with your hands.
    • Your choice should be driven by your specific circumstances.
What do I do after a tornado?
  • Continue listening to local news or a NOAA Weather Radio for updated information and instructions.
  • If you are away from home, return only when authorities say it is safe to do so.
  • Wear long pants, a long-sleeved shirt and sturdy shoes when examining your walls, doors, staircases and windows for damage.
  • Watch out for fallen power lines or broken gas lines and report them to the utility company immediately.
  • Stay out of damaged buildings.
  • Use battery powered flashlights when examining buildings—do NOT use candles.
  • If you smell gas or hear a blowing or hissing noise, open a window and get everyone out of the building quickly and call the gas company or fire department.
  • Take pictures of damage, both of the building and its contents, for insurance claims.
  • Use the telephone only for emergency calls.
  • Keep all of your animals under your direct control.
  • Clean up spilled medications, bleaches, gasoline or other flammable liquids that could become a fire hazard.
  • Check for injuries. If you are trained, provide first aid to persons in need until emergency responders arrive.
Recovery
As you rebuild
  • Strengthen existing garage doors to improve the wind resistance, particularly double-wide garage doors.
  • If your home has been significantly damaged and will require rebuilding parts or all of it, consult with your contractor about having a tornado safe room built during the process. A tornado safe room can save lives. Plans for reinforcing an interior room to provide better protection can be found on the FEMA Web site at http://www.fema.gov/plan/prevent/rms/rmsp453.shtm.
  • Purchase a NOAA Weather Radio to warn you of future severe storms and tornadoes.
Ask a professional to
  • Look at common connections in wood frame buildings and add anchors, clips and straps that will provide more strength to your home.
  • Reinforce masonry walls that provide structural support to your home.
  • Secure your chimney. Masonry chimneys that extend more than six feet above the roof or have a width of 40 inches or more should have continuous vertical reinforcing steel placed in the corners to provide greater resistance to wind loads.
  • Permanently connect your manufactured home to its foundation to decrease the potential for damage from high winds.
 

Social Security - Frequently Asked Questions

What type of social security benefits are available for a disabled person?

Answer: The disabled person (the "claimant") can generally receive one of two types of

benefits defined as Social Security Disability and Supplemental Security Income. There are certain circumstances where the claimant can receive both but the important thing to remember is that in order to receive either, the claimant must be "disabled" as defined by the Social Security Administration.

How does the Administration decide which benefit the claimant may be entitled to?

Answer: If the claimant has been working and paying money on a regular basis to the

Administration, that person is usually able to receive Social Security Disability. The amount to be received is based upon the amounts that have been paid in. Think of receiving Disability as the same thing as "early retirement" - meaning that if you become disabled, you can start collecting social security retirement benefits early. You don’t have to wait until retirement age.

If the claimant has not worked much at all - or - if the disabled person is a child, that person hasn’t paid in enough to get an "early retirement". Therefore, the only benefit available for this claim is Supplemental Security Income. The amount received is based on the "needs" of the claimant, and there are maximum amounts.

There are many rules that apply to the circumstances of what amounts the claimant may or may not be able to receive. However, once again, the major factor to remember is that in order to receive anything at all, the claimant must be determined to be "disabled".

How does a person know if they are considered "disabled"?

Answer: This is a very difficult question to answer because everyone’s situation is

different, and the Social Security Administration takes many factors into consideration. Some of those factors include the claimant’s age, education and past relevant work. It places a lot of emphasis on the claimant’s medical treatment and considers the opinions of treating physicians. If the claimant is a child, the Administration considers how the child does in school and how well the child functions in social settings. In my opinion, it is nearly impossible for an attorney to predict how the Administration will view things without having the benefit of looking at all of the related information first.

Do I need a lawyer in order to apply for benefits?

Answer: Yes. Where lawyers can assist is in helping you to navigate through the process of applying and obtaining information that helps your claim. You should also know that attorneys always handle social security cases on a contingency basis which means that they earn fees only if you are determined disabled. Hiring an attorney doesn’t cost you anything up front. Also, the amount that the attorney can earn is capped by federal law such that there should be no negotiations involved.

Where can I get more information?

Answer: Your local social security office can provide you with many of the answers you

need, as well as an experienced social security attorney or authorized representative. Additionally, the social security website, www.ssa.gov , has helpful information and publications readily available.

Insurance Follows the Car

We found out about insurance following the car the hard way. We did not stress to our children enough not to let anyone drive their vehicle and wound up with our insurance company paying a claim (or two) that should have been, in our minds, charged against the friend’s policy. It made sense to us that if a friend was allowed to drive the car he/she should suffer the consequences such as premium increase, depreciation and deductible. Au contraire. Negligent friend driving our car was charged against our insurance, not his.

Think about this the next time someone asks to borrow your car. It can cost you a lot more than you might originally think!

Collections

One of the most common-held, mistaken beliefs about the law is that a debtor in default can pay a nominal amount to a creditor, and the creditor is required to accept the nominal payment and is forbidden from using any other process to collect from the debtor, such as suit.  This is not true.  In most instances, when a debtor defaults (usually by missing a payment or by making a late payment), the creditor is allowed to accelerate the remaining debt, making it all payable now.  In those cases, once acceleration has been triggered, the creditor can demand the entire remaining debt as due.  A creditor may accept partial payments without waiving the acceleration.  Even if the creditor is not able to accelerate the debt, if the debtor is behind, they are still in default and susceptible to collection procedures, including suit.
In fact, each payment made moves the statute of limitations period farther and farther into the future. 

In some cases, arguments can be made using theories such as “estoppel” and “course of dealing” to defend against the collection, however, these theories are usually not applicable because of the wording of the contract in question.  

When dealing with aggressive collectors, it is always best to seek competent legal advice regarding one’s rights and options from a lawyer who is well-versed in consumer law.

Fire and Products Liability

As the cold of winter sets in, our daily routines change from outside activities to inside activities. When our families come inside, we unknowingly use our electrical products in the house more than we otherwise would. Children play games, we watch TV more and otherwise seek and find entertainment from electrical appliances. As the electrical usage in our homes rise, we unknowingly tax the electrical systems and electrical products in our homes. And when anything is used to its maximum potential, its weaknesses are exposed.

           

Many people are injured or killed in house fires every year. The causes of these fires can range from cigarette smoking to candles to faulty electrical systems to faulty appliances. When there is a fire, it is important to immediately get a private cause and origin  investigator on the scene to perform an independent analysis of the cause of the fire. This is especially important as most local fire departments do not have the resources or equipment to truly discern the cause and origin of a fire. Many times, because of their limited resources, the fire department officials are incorrect in their conclusions about the cause of fires.

           

It is also important that the area that was burned not be disturbed by any persons. Do not take anything from the area. Allow the professionals to do this. The mere location of an electrical appliance after a fire can provide valuable clues to assist investigators in determining the cause of a fire.


If it is determined that a faulty electrical system or product caused the fire, you may have a cause of action against the manufacturer or the product, the wiring system or the builder of the home.

           

At Law Offices of Gary Green, we have successfully handled many fire cases. We have a team of reliable experts that will quickly go to the fire scene and perform an investigation to determine the cause of the fire. If you or a loved one is the victim of a house fire, call us at Law Office of Gary Green.