Tag Archives: Law

Motorcycle News, News

Is It Wise To Call Your Lawyer When In Trouble In Another State?

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(Contributed post for our North American readers)

An accident can happen anywhere at any time, and this sense of precariousness will leave you feeling anxious and insecure. Having legal assistance ready at the dial is incredibly handy, but what if something happens and you find yourself in a predicament beyond the borders of your home state? Perhaps you are on a business trip in California and got into a major car accident – but you actually reside in Illinois, where all those who can help you, including friends, family, and your lawyer are also based. It might seem very confusing and scary figuring out what to do at first, and with good reason. The laws in each state are different, and wrapping your head around what your rights are is not the easiest thing to do in the heat of the moment. 

If you do get into trouble while traveling, you might want to keep in mind that there are specific laws that apply in different states. The following are a few tips to help illuminate the proper procedures for you.

What is the Jurisdiction?

Let’s start with the most basic issue: jurisdiction laws usually claim that from the state where the accident took place, you need to file a case. At the same time, plaintiffs do end up hiring the lawyer that they are familiar with from their state to help, and in this event, if this lawyer is going to represent you then they have to be recognized in the state. It doesn’t matter if you have gotten robbed or were involved in a car accident. It’s all the same, and so if you need an attorney to represent you in the state in which an accident occurred, they need to be licensed there. So if you’re from out of state and find yourself in California, for example, and your car gets wrecked, then action needs to be taken immediately. You may think that the first thing to do is call your lawyer, but it might be far more prudent to find a car accident lawyer in San Diego, CA, than to reach out to your lawyer back home in Illinois who is not certified to work in the other state. You could consult your lawyer to direct you to someone reliable in the current state to help you out. 

Alternative option

As an alternative option your lawyer can apply for a limited law license if you really value your lawyer’s work and trust them wholeheartedly. However, bear in mind that the states follow through on this option only in very specific instances and usually reserve them for legal aid services or public defenders. This is also something that may take up time unnecessarily, but it’s important to know that it is an option if you are adamant on having your own lawyer from out of state take on your case. 

In more extreme cases, the state makes exceptions and permit in-house counsel. This is when a company employs an attorney from out-of-state to plead their case. Again, this is a rarity, so it’s best not to bank on this being a solution since it depends on your own specific situation.

When the “writing is on the wall”

Hiring an in-state lawyer might be your best option, depending on the nature of your case. There are instances where you won’t have to be responsible for finding a lawyer. If, for example, you are involved in a car accident, then it’s important for you to know that often these kinds of cases are taken care of outside the court, and you’ll be provided with a lawyer, most likely by your insurance company. However, in some cases, it does go to court, and in the event that this happens, and you’re unable to work out a settlement, then it’s time to look for a lawyer yourself who is well versed with the laws of the state in question.

law lawyer justice crash accident legal courtImage: Pixabay

At the end of the day, getting into any kind of trouble when traveling is hugely taxing emotionally and psychologically. You will want to find the best person for the job, meaning the best match for you. It all comes down to sharing a mutual level of trust with your attorney – if you don’t trust the person tasked with protecting you, then it might be an uphill battle. Furthermore, you want to find someone able to work in the state in question. Hiring someone who works in an entirely different state from the scene of the crime might not be the best judgement call when all is considered.

Source: MotorbikeWriter.com

Motorcycle News, News

Are tougher vehicle theft penalties working?

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Tougher jail penalties of 14 years for anyone involved in motor vehicle theft or rebirthing in NSW have resulted in lower thefts, a new review of the 2006 laws has found.

In February 2019, the National Motor Vehicle Theft Reduction Council engaged law firm Clayton Utz to perform the law review.

It found that the NSW laws introduced in 2006 have been “effective in reducing the incidence of organised vehicle theft and rebirthing”.

Since 2014, national motor vehicle thefts were up 6.3%. while NSW was down 11.1%.

However, it is not having any effect on motorcycle thefts!

In fact, over the same period, motorcycle thefts in Australia are up 7.8%, while NSW is actually up a whopping 32.6%.

Tougher penaltiestheft bike steal

Any rider whose pride and joy has been stolen would probably suggest tough penalties. In one previous article a reader suggested castration.

Law enforcement agencies agree that tougher penalties are needed. But maybe not castration!

The problem has been that organised criminal rings use specialist criminals for different functions of the same offence.

They include bike thieves, burglars who break into your house to steal car or bike keys, re-birthers, fencers and document forgers.

This has made it difficult to convict offenders and gang bosses or organisers. Charges were often not proven or bargained down to lesser charges, such as receiving stolen property.

At best, the conviction system was protracted with little or no joy for the victims.

In 2006, the NSW government amended the Crimes Act 1900 to introduce a new offence of knowingly facilitating a rebirthing activity carried out on an organised basis.

It applied to any and all members in the network involved in stealing your motorcycle or car with tougher penalties. The maximum penalty was 14 years in jail.

Law reviewPolice survey on motorcycle thefts

While it seemed like a good idea, the NMVRC figures seemed to show it was not working.

So they asked law firm DLA Phillips Fox to assess the changes in 2010. It found many matters were still before the court and not enough time had passed to draw conclusions on the law’s impact.

In February, Clayton Utz was engaged to perform a second review. Their report was expected by end of April 2019, but has only just now been released.

It found that while NSW vehicle thefts were down (but not motorcycles), it was difficult to isolate the impact of the law changes from other measures.

However, they concluded that the laws were “a useful tool to have available”.

The report says the laws are not only catching some offenders who knowingly participate in a vehicle rebirthing activity but who may not be guilty of any other offence.

Yet it also found that sentences did not reflect the seriousness of the crime, given the lack of offenders receiving the 14-year maximum penalty.

Although it did note that the Court of Criminal Appeal and District Court “conscientiously assess the gravity of the offending when applying the standard non-parole period of four years”.

The law firm also identified the difficulties of proving the offender’s knowledge of the motor vehicle theft network.

Despite this and the lack of maximum sentences, the review does not proposed any legislative changes.

Source: MotorbikeWriter.com

News

Mongols MC Fights For the Right To Wear Colors

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Federal law enforcement considers the Mongols MC one of the most dangerous criminal organizations in the country. Mongols members have been arrested and tried for murder, money laundering, and drug trafficking, among other felonies. So, for more than a decade, the feds have been working to seize control of the Mongols’ U.S.-trademarked logo in hopes of denying the club its unifying symbol.

They got one step closer on January 13, when a jury determined the club’s logo was associated with a racketeering conviction a group of the club’s leadership was handed in December.

Although asset forfeiture law typically pertains to physical property, Mark Lemley, a professor at Stanford Law School, points out, “The government has been ‘seizing’ internet domain names for several years in response to allegations of copyright and trademark infringement, so using the asset forfeiture laws to reach intangible assets isn’t unprecedented.

“Seizing something like a trademark raises constitutional questions about free speech that seizing a car or house doesn’t,” Lemley says.
The presupposition that individual rights are irrevocable is somewhat erroneous—what the philosopher Jeremy Bentham calls “nonsense upon stilts.” Justice for one is the gallows for another. But for the Mongols, it’s never been about the individual, and their defense makes that clear.

Mongols defense attorney, Joseph Yanny, says: “The most important issue is the right of association. These guys have an absolute right to associate. They have an absolute right to express that association.”

Yanny doesn’t mince his words: “This battle is far from over.”

Source: MotorCyclistOnline.com

News

Tougher vehicle theft penalties assessed

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As motorcycle theft continues to be the one area of vehicle theft to rise, a tougher penalty system for offenders is being assessed.

Australian motor vehicle theft is down 4% in the year to October 2018, with the only sector increasing being motorcycles, up 4%.

The biggest increase was in NSW which was up 258 or 15.9% to 1878, despite the state introducing tougher penalties for rebirthing offenders in 2006.

Any rider whose has their pride and joy stolen would probably suggest tough penalties. In one previous article a reader suggested castration!

Tougher penalties

theft lock grinder steal thief tougher
Thieves caught lifting a bike on to a ute

Law enforcement agencies agree that tougher penalties are needed.

However, the big problem has been that organised criminal rings use specialist criminals for different functions of the same offence.

They include bike thieves, burglars who break into your house to steal car or bike keys, re-birthers, fencers and document forgers.

This has made it difficult to convict offenders and gang bosses or organisers. Charges were often not proven or bargained down to lesser charges, such as receiving stolen property.

At best, the conviction system was protracted with little or no joy for the victims.

In 2006, the NSW government amended the Crimes Act 1900 to introduce a new offence of knowingly facilitating a rebirthing activity carried out on an organised basis.

It would apply to any and all members in the network involved in stealing your motorcycle or car with tougher penalties.

While it seemed like a good idea, National Motor Vehicle Theft Reduction Council figures seem to show it is not working. In fact, NSW bike theft is up almost a quarter over the past four years.

Motorcycle theft 2013-10 to 2018-09

State/Territory 2013-10 to 2014-09 2017-10 to 2018-09 % change
Thefts
% of thefts 
 Thefts
% of thefts 
ACT 109 110 0.9% 
NSW 1,506 1,878 24.7% 
NT 190 87 -54.2% 
QLD 1,354 1,619 19.6% 
SA 451 543 20.4% 
TAS 111 142 27.9% 
VIC 1,832 2,097 14.5% 
WA 2,638 2,044 -22.5% 
AUS 8,191 100.0 8,520 100.0 4.0% 

Laws assessed

Law firm DLA Phillips Fox assessed the law changes in 2010 but found many matters were still before the court. They found there had not been enough time to draw conclusions on the law’s impact.

So now the NMVTRC has engaged law firm Clayton Utz to do a second review.

They will not only consider NSW prosecutions but also identify issues that might lead to similar provisions across the nation.

A report is expected to be available by end of April 2019.

Source: MotorbikeWriter.com