what happens if a presidential candidate dies

What Happens If a Presidential Candidate Dies?

Legal AssistantConstitutional Law, Resources

The US Constitution is quite clear on what happens when a sitting president or vice-president dies or becomes incapacitated during their term in office. What is not so clear is what happens if a presidential candidate dies before the general election or shortly after winning the election but before taking office.

Although this has never happened in American history, there was one instance where a vice-presidential candidate died shortly after his nomination and another who dropped off their party’s ticket.

Nonetheless, the procedures for finding replacements for nominated candidates are guided largely by the party’s regulations, as well as state and federal laws. With that being said, here’s everything you need to know.

Electoral College vs Popular Vote

The first thing you need to understand is how the election process works. The popular vote in a general election is what elects the Electoral College, which in turn elects the president and vice-president of the United States.

women casting vote in polling station

When you cast your ballot in a presidential election, you’re not voting for who you want to be president. You’re essentially voting for a group of people known as “electors” who then vote for the president and vice-president.

Now, you might be thinking, “What’s the point of voting if these individuals get to decide who they want to become president and vice-president?” Well, that’s not exactly how it works.

The Electoral College Selection Process

To better understand this, let’s go back to the beginning – at the point where electors for a particular state are chosen. Article II, §1 Clause 2 of the US Constitution grants each state legislature the power to determine how the state’s electors will be chosen.

However, any individual who holds a federal office – elected or otherwise – is disqualified from being selected. The total number of electors chosen in a particular state is equivalent to the total number of Senators and Representatives it has in Congress.

Maryland, for instance, has 2 Senators and 8 Members of the House of Representatives. So, it gets a total of 10 electors.

The Electoral College has a total of 538 electors, each of whom casts their vote to elect the president and vice-president in the general election. The candidate who gets 270 votes (i.e., 50% of the votes + 1 vote) wins.

So, when you vote, you’re essentially telling the electors who they should vote for. Although the US Constitution doesn’t compel the electors to follow their state’s popular vote, most states have legislation that requires them to.

In a Supreme Court ruling dated July 2020, the court upheld that electors in states with such laws in place are legally bound to follow their state’s popular vote.

election vote for me

Winner Takes All

Once everyone in the state votes, the Electoral College counts the number of ballots each presidential candidate got. The one with the most votes, i.e., the popular vote, wins all the state’s electoral votes.

Only two states in the country don’t use this “all-or-nothing” rule – that’s Maine and Nebraska. Instead, they split their electoral votes through “proportional representation” based on each candidate’s ballots.

So, in the example of Maryland that has 10 electors in the Electoral College, if 500,000 voters cast their ballot, and the Republican Party candidate got 300,000 of the votes, then all 10 electors in the Electoral College would have to vote for the Republican presidential and vice-presidential candidate – hence the “all-or-nothing” rule.

If Nebraska – a state with five electoral votes – had 500,000 voters cast their ballots, and the Republican candidate got 300,000 votes, whereas the Democratic Party candidate got the remaining 200,000 in their entirety, then the Electoral College votes for the state – based on the principle of “proportional representation” – would be three votes for the Republican Party and 2 for the Democratic Party.

What Happens If the Electoral College Ties?

As mentioned before, the magic number each candidate wants is at least 270 out of the total 538 Electoral College votes. That’s 50% + 1 vote.

If there’s a tie, where each candidate gets 269 votes, then the election goes to the House of Representatives. Each state delegation there has one vote, and the candidate would need a majority of 26 states to win.

20th Amendment to the Constitution

The 20th Amendment to the Constitution of the United States was made to remove the excessively long duration that a defeated president or member of Congress had to stay in office after losing their re-election bid.

Previously, they would have to stay in office up to March 4, but this was amended to January 20 for the president and vice-president, and January 3 for members of Congress.

That being said, what happens if the president-elect dies before they’re inaugurated on January 20? It’s simple – the vice-president-elect would be sworn in as president.

On the other hand, if a presidential candidate dies before the general election, they can’t just put someone else’s name on the ballot. The reality is – most state laws do not stipulate what should happen in such an event.

In Michigan, for instance, electors have to vote for the winning candidates based on the individuals who appeared on the ballot – deceased or not. In Indiana, on the other hand, the law requires that electors switch their votes to the party’s replacement if the candidate dies.

In a footnote in the July 2020 Ruling, the Supreme Court “suggests” that should a presidential candidate die between Election Day and the Electoral College vote, states that do not have pledge laws in place that give electors voting discretion would “release electors from their pledge.”

It further states that since such a situation has not arisen, this suggestion shouldn’t bind electors to vote for a deceased candidate.

Timing Is Everything

Even with that footnote in the 2020 Supreme Court ruling, the true repercussions of the death of a presidential candidate ultimately depends on what stage of the election process it occurs.

In reality, the political parties would likely tell the electors who they should vote for instead, which in this case would most certainly be the vice-presidential candidate.

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What Happens if You Fail a Drug Test?

Legal AssistantEmployment Law, Resources

Substance abuse takes a heavy toll on businesses across the country. According to the 2019 National Survey on Drug Use and Health, 14.3% of full-time employees and 15% of part-time workers aged 18 and above reported past-month illicit drug usage.

Employers have taken to implementing drug testing programs to curb the menace and deter drug use in the workplace. If you’re an employee, you’re likely wondering whether this is legal. The short answer is – yes, it is.

This is covered under a few federal statutes. However, several states have their own laws that govern why, when, and how an employer may test an employee or applicant for the presence of illicit substances in their system.

The question is – what happens if you fail a drug test? Here’s everything you need to know.

Pre Employment Drug Test

Most state laws across the country generally allow employers to carry out drug tests on applicants. Nevertheless, they have to provide the candidates with sufficient notice and ensure that they follow correct procedures to avoid getting inaccurate samples and offset the potential for discrimination.

In most states, applicant testing is only allowed if:

  • A state-certified laboratory administers every drug and alcohol test
  • All the candidates applying for the same position are tested similarly
  • The candidate is aware that drug testing will form part of the screening process. This should be stated in the job application or on the online posting
  • The employer has already offered the position to the candidate contingent on the results of the drug screening

If you’re applying for a job that requires you to submit to a drug screening process, you have no choice but to comply if you want the position. Alternatively, if you’re not comfortable with it, you can simply drop out as an applicant.

Employment Drug Testing

Testing current employees for substance use has some legal constraints attached to it. For starters, a private employer cannot conduct random drug tests or blanket testing on its employees.

Tests have to be focused on a single individual and only because the employer believes that they are using drugs. It may also be required when the individual works a high-risk job where injury or damage could occur if performed while intoxicated.

Additionally, in the past, courts have ruled that companies may test an employee if they were involved in an incident where the individual in question appeared to be impaired.

So, if, for any reason, you’re found slumped on your desk at work and unable to coherently respond to questions, your employer would be acting within the law when they ask you to submit to a drug test.

What Drugs Do Employers Test For

women make cannabis joint

They generally use a standard 5-panel drug test to detect the presence of any of the following substances in your system.

  • Amphetamine and methamphetamine
  • Cocaine
  • Marijuana (THC)
  • Opiates including heroin, morphine, oxycodone, hydrocodone, and codeine
  • Phencyclidine (PCP)

Some employers may opt for a 10-panel drug test that checks for all the drugs listed above, plus:

  • Narcotic prescription drugs including methadone
  • Benzodiazepines including alprazolam and oxazepam
  • Barbiturates including amobarbital, pentobarbital, and secobarbital
  • Methaqualone
  • Propoxyphene

Tests for alcohol, club drugs like Ecstasy/Molly/X, and designer drugs may also be included. The specific drug test used depends on the employer, as well as the state and federal guidelines.

Does CBD Show up on a Drug Test?

Federal law does not prohibit the use of hemp-derived CBD. However, individual states can decide whether or not they want to allow CBD. Currently, only South Dakota, Nebraska, and Idaho have completely outlawed the use of CBD.

That being said, drug tests don’t typically screen for it. But, if you’re in any of the three states where the substance is illegal, then it might show up on a drug test panel that’s specifically screening for the presence of CBD in your system.

However, this can only happen if you consume a large enough amount of it, somewhere in the ballpark of 2,000 mg a day.

Can You Fail a Drug Test From Secondhand Smoke?

It depends. According to research, if you spend at least 3 hours with people who are casually smoking marijuana in a well-ventilated space, THC will indeed be present in your blood. Nonetheless, it will be well below the level required to fail a drug test.

If, on the other hand, you spend at least an hour among individuals smoking marijuana in a poorly-ventilated room, you will fail a drug test if you’re screened a few hours following the exposure.

How to Dispute a False Positive Drug Test

Sometimes, a drug test may detect the presence of illicit substances in your system, despite not having taken them. You can get a positive drug test with prescription medication, foods, and other substances.

For instance, dextromethorphan is the active ingredient in many over-the-counter cough suppressants like Delsym and Robitussin. If you’ve taken medication with dextromethorphan in it, a drug test may come back positive for opiates and PCP.

If you receive a false-positive result on your drug test, the best way to contest it would be to get in touch with your pharmacist. Find out from them if any of the OTC and prescription drugs you take regularly can cause a false-positive result. Then, ask them to provide you with proof of prescription for drug test and submit this to the testing facility.

Foods to Avoid Before Drug Test

cup filled with cocoa tea

Aside from OTC medication and prescription drugs, you also need to be wary of the foods to steer clear of before you go for drug screening. These include:

  • Tonic water – It contains quinine, which is often used to cut heroin. This may lead to the suspicion of opiate use
  • Bagels and pastries – Poppy seeds used in baked goods may cause a false positive for opiates
  • Some B-vitamin supplements – These may produce a false positive for THC
  • Hemp seeds infused in milk or oil – These may give a false-positive result for THC
  • Cocoa tea – This may produce a false positive for cocaine if consumed within 36 hours of a drug test

Learn About the Testing Laws in Your State

So, what happens if you fail a drug test? Well, you may get suspended, demoted, or even terminated from employment. It is entirely at your employer’s discretion to decide what disciplinary action to take.

Some state laws prohibit employers from firing an employee for a first-time positive drug test. However, all bets are off for subsequent tests.

If you fail a pre-employment drug test, you probably won’t get hired for the position you applied to. It is always a good idea to familiarize yourself with the local and state laws to know what’s legal and what’s not.

If you have any legal queries on workplace drug testing, chat online with a Laws101.com attorney today.

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What Happens if You Break a Lease?

Legal AssistantBusiness Law, Real Estate Law, Resources

Contracts exist to protect the rights of all parties involved. That’s precisely what a lease is – a contractually binding agreement between landlords and tenants that exists to protect both parties’ rights.

However, there are several reasons you may have for wanting to break a lease. Maybe you got a new job out of town, and you need to relocate. Maybe you’re tired of the constant issues you have with your roommate. Maybe you have problems with the landlord or the rental property.

Either way, regardless of how valid your reasons are, the all-important question you need to ask is – What happens if I break my lease? Here’s everything you need to know before you do.

Potential Consequences of Breaking a Tenant Lease Agreement

The one thing you need to keep in mind is that breaking any legally binding contract has its fair share of inherent risks. Best-case scenario: The landlord may ask you to stay until they can find a new tenant.

However, depending on the lease terms in question, the potential risks of breaking a lease are generally financial. But, sometimes, they could also extend into legal action, which could affect your future as a tenant.

These are the potential consequences you need to be wary of.

tenancy agreement

You May Have to Part With Some Hefty Fees

The essence of signing a lease is that you agree to pay a set fee in rent in exchange for occupancy for a specific duration. Landlords are usually in no hurry to give up these financial provisions of the contract. Which is why breaking a lease usually has a fine attached to it. This may be the equivalent of one or two months’ rent.

In other instances, you may have to cover the rent that would have otherwise been due for the remainder of your lease. Whether or not you’re living in the apartment is irrelevant.

If you had paid a security deposit, you might also have to give that up. The best way to understand the true financial implications of breaking your lease would be to examine the terms spelled out in the contract and see if it indicates any early release fines.

The Landlord Could Sue You

Then there’s the case of the litigious landlord. While breaking a lease will rarely get you in court, especially if you’ve been a stand-up tenant, it is still a potential risk you need to contend with.

But, as long as you abide by the terms set out in the contract, like paying the required fees or staying on as a tenant for the remaining duration set out in the agreement, you should be fine.

Just don’t move out without giving your landlord a tenant lease termination letter providing information on why you want to break your lease early. You shouldn’t also cease paying rent. Doing so will likely land you in legal hot water.

What Happens if You Don’t Pay Rent?

Aside from the possibility of a lawsuit, failing to pay rent could get you evicted from the property. Now, you’re probably thinking, “That doesn’t sound so bad. At least it gets me out of my lease.” Well, it’s not that straightforward. So, what happens if you get evicted?

Although an eviction will not be included in your credit report, the debts and collection accounts leading up to it will. That will certainly have a bearing on your overall credit score.

You also need to keep in mind that eviction judgments are a matter of public record. So, although these won’t appear on your credit report, future landlords only have to search through court records to find them when they run a background check on you.

This could affect how easily you qualify for a new rental, and when you do qualify, you may have to part with a larger security deposit or pay several months’ worth of rent upfront.

available for rent

Tenants Rights When Breaking a Lease

Lease agreements exist to not only protect the landlord rights but that of the tenant as well. Certain circumstances legally allow the tenant to break a lease before its full term without facing any legal ramifications for doing so. These include:

  • If the tenant has been a victim of domestic violence within the past three to six months
  • If the tenant is in the military and they have to change their station
  • The contract itself was not legal. For instance, the building wasn’t up to code, or the landlord had no right to rent out the property in question
  • The landlord is in breach of the terms of the contract
  • The rental unit hasn’t been maintained in a habitable manner

It’s important to familiarize yourself with the existing landlord tenant rights in your jurisdiction to see whether any specific circumstances allow you to break your lease without the risk of facing any legal or financial consequences.

What Happens When a Lease Comes to an End?

If you’re a landlord, aside from being worried about your tenant breaking their lease too early, there’s also the possibility of them extending their stay in the rental once the lease duration has come to an end. So, how long can a tenant stay after the lease expires?

The truth is – they can stay for as long as you allow them to. Such an arrangement is known as a holdover tenancy. However, this could also present a host of issues.

For instance:

  • The tenant may move out at a time when it’s difficult for you to find another tenant
  • Any scheduled maintenance activities may also have to be postponed
  • The laws governing holdover tenancies are often different from those with lease agreements in place

Protect Your Rights

Now that you know what happens if you break a lease, the most important thing you need to be aware of are your rights. If you feel that your landlord has unfairly treated you, or they won’t let you break your lease, talk to a tenant rights lawyer to explore all your options for the best outcome.

If you have any legal queries, chat online with a Laws101.com attorney today.

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What Happens if You Get Caught With a Fake ID?

Legal AssistantCriminal Law, Resources

A fake ID is almost a rite of passage in American culture. It may seem harmless if you’re a college student who just wants to hang out with their friends at a bar or watch a once-in-a-lifetime concert at a 21-plus venue.

The only problem is – you’ve not yet turned 21. So, you get a fake ID that grants you access to all those venues. As innocent as it might seem, what you may not be aware of is the fact that you could get into quite a bit of legal trouble if you get caught.

What happens if you get caught with a fake ID? Here’s everything you need to know.

Is It Illegal To Have a Fake ID?

Fake ID laws in different states across the country generally define a fake ID as – Any government-issued legal identification card that has been:

  • Altered
  • Counterfeited
  • Duplicated
  • Falsified
  • Forged
  • Reproduced

If a law enforcement officer finds you in possession of a fake ID, you could be charged with a misdemeanor or felony.

touch id on smartphone

Keep in mind that even if you “borrowed” your older sibling’s driver’s license and tried to pass it off as your own, that would still constitute a crime. The fact that the true owner was aware doesn’t change anything.

Fake ID Misdemeanor

While the exact charges of being arrested for possession of a fake ID vary depending on the state you live in, more often than not, it is charged as a misdemeanor. In some states like California, a criminal attorney may get it reduced to a minor infraction.

The misdemeanor penalty for Fake ID possession includes, but is not limited to:

  • A jail term not exceeding one year in a county jail
  • Summary probation
  • Community service
  • Monetary fines whose limits vary by state

In some states, the penalties for using a borrowed ID are less severe than using a forged document obtained from fake ID sites.

Fake ID Felony

Some states take fake ID possession quite seriously. In Illinois and Florida, for instance, you could face full-on felony charges if you’re caught using a fake ID – as outrageous as it sounds.

So, it’s important to familiarize yourself with the laws in your state before you go ahead and get a fake driver’s license. You might be grossly underestimating the severity of the consequences that await you should you get caught.

Nonetheless, the severity of the charges leveled against you depends on what you were caught using it for. Very rarely will an underage child be charged with a class 4 felony for using a fake ID to get into a bar.

Keep in mind as well that getting charged isn’t the same thing as being convicted. If you’re a first-time offender, a conviction would be a bit of a stretch. The felony penalties for Fake ID possession include, but are not limited to:

  • Up to 3 years in state prison (the maximum term may vary by state)
  • Formal probation
  • Community service
  • Monetary fines whose limits vary by state

If you are a university student, that’s only part of the nightmare. Here’s what could potentially happen.

  • Your parking privileges could get suspended
  • You could be expelled from university housing
  • You could be expelled from the university itself
  • You could face temporary suspension or permanent dismissal from university groups, clubs, or organizations
  • You could be denied access to university facilities

That’s not all, though. You could even get your driver’s license suspended for up to three years. So, while using a fake or stolen ID might seem innocent enough at the time, it may have far-reaching repercussions that you failed to take into account.

False Impersonation

As defined by state and federal statutes, a false impersonation crime refers to the act of using another person’s name or identity – fictitious or otherwise – to gain an unjust advantage or cause harm to the real person. To prove that a crime of impersonation occurred, prosecutors have to prove that:

  1. Bond or bail was posted for an individual using someone’s else’s name or identity
  2. The defendant provided, acknowledged, published, and verified a document in someone else’s name and passed it off as true. A classic example of this would be cashing a check made out to another individual
  3. The act committed using the other person’s identity would cause them to be criminally or civilly liable

Here’s an example of false impersonation.

You borrowed your friend’s car for the day to run a few errands in town. You got distracted by a phone call and rear-ended the car in front of you. You panic since you were driving without a valid license.

When the other driver asks you your name, you give your friend’s name instead (the owner of the car). In such an instance, you could be charged with false impersonation since you represented yourself as another individual in a situation that could expose them to civil liability.

man showing united states of america passport

How to Check if Your ID Has Been Stolen

Here are some warning signs to look out for if you suspect that someone has stolen your identity.

  • Your bank account has withdrawals that you can’t explain
  • You get calls from collection agencies about debts you didn’t incur
  • Your credit report displays unfamiliar accounts or charges
  • You get a notice from the IRS about one or more tax returns that were filed in your name or income reported from an employer that you don’t work for
  • Your health care plan rejects your legitimate medical claim on the basis that you’ve exhausted your cover limit, an assertion that seems outrageous in your opinion

The Federal Trade Commission is the agency charged with handling most identity theft complaints. If you suspect that someone is fraudulently using your identity, visit IdentityTheft.gov to file a report and get a recovery plan.

Ignorance of the Law Is Not a Defense

The bottom line: Fake IDs aren’t as casual as your friends play them off to be. If you’re busted for using one, you could be looking at some pretty hefty fines or time behind bars, or both. Take the time to research what the specific laws in your state have to say about it.

If you’ve been charged for possession of a fake ID, get in touch with a criminal defense attorney as soon as possible to help you fight those charges.

If you have any legal queries, chat online with a Laws101.com attorney today.

What Happens if You Don’t Pay a Parking Ticket?

Legal AssistantCriminal Law, Resources

Don’t you just hate it when you dash into a store for what seems like 5 minutes, only to later return to your car and find a parking violation ticket neatly tucked away under your windscreen wiper?

The worst part is – you never see it coming. You don’t even understand why you got it in the first place. Until, of course, you read the reason and realize that you’ve parked outside the designated zone. Or maybe you were in a hurry and didn’t realize that you had parked outside the defined, delineated space.

You could get a parking ticket for any number of reasons. And let’s be honest – every time you get one, it’s for breaking a parking rule you were previously not aware of. Either way, now you’re stuck with a fine that you have to pay, which can be a bit of an inconvenience, to say the least.

Nonetheless, it’s not the sort of thing you should ignore. This article explores what happens if you don’t pay a parking ticket.

How Do Unpaid Parking Tickets Affect You?

If you’re one of those drivers who consider parking tickets a reprimand for poor parking practices, well, it’s a serious citation. And, ignoring it doesn’t do anything to make the problem disappear. If anything, it aggravates it.

park ticket vending machine

While the specific punishments for ignoring citations vary by city and state, the one thing you can be sure of is – you’ll end up having to deal with a situation that’s much worse than the initial small fine you were slapped with. Here’s what could happen.

You Attract More Penalties

Parking tickets come with deadlines attached to them. These could be anywhere from two weeks to a month. If you miss the cut-off date, the amount you were initially supposed to pay could go up significantly.

In California, for instance, you may have to cough up an extra $300 over and above the fine on the ticket.

Your Car Could Get Booted

You can run from the government, but you can’t hide forever. Remember, law enforcement has your license plate on file. If they run it and discover that you have two or more unpaid parking tickets, your car could get towed even if it is legally parked at the time.

The State Could Seize Your Vehicle Entirely

If you thought getting your car booted was bad enough, you could end up losing your car entirely as a result of outstanding parking tickets. The state could seize your car and auction it to recover the amount you owe in fines.

You Might Have to Go to Court

Some cities like Memphis, TN, for instance, issue parking tickets with court dates on them. If you pay the fine within the designated time frame, there’s no need to show up to court. If you miss the deadline, on the other hand, you’ll need to clear your schedule for your court appearance.

This begs the question – Can you go to jail for unpaid parking tickets? Well, you could, if you ignore the court notice. The judge could issue a bench warrant for your arrest.

cars parked at underground parking space

You Might Have to Deal With Debt Collectors

If the thought of being inundated with endless phone calls and demand letters from debt collectors makes you cringe, listen up. That’s precisely what could happen if the city’s enforcement bureau hands your case over to collection agencies. They might even show up to where you live.

It Could Affect Your Credit Score

If your case is handed over to a debt collection agency, this will likely show up on your credit report. And, you know what that means for your credit score.

You Might Not Get Your Registration Renewed

The city could get in touch with the DMV to either suspend your vehicle registration before it expires, or they may refuse to renew it entirely until you pay what you owe in parking ticket fines.

Can My License Be Suspended for Unpaid Parking Tickets?

This is a very real threat that many people often take for granted. You might not even be aware of it until you’re stopped by the police, who then proceed to inform you that you’re driving with a suspended license resulting from your unpaid tickets. This is a serious violation and one that’s not easy to straighten out.

You might also ask – Can I renew my license with unpaid parking tickets? The short answer is – no, you can’t. You have to pay all the citations and fees required before you’re allowed to renew it.

The first step to wiping your slate clean is – know how to check for unpaid parking tickets. This usually involves entering your vehicle license plate number in an online database on your state’s official website.

What Happens if You Lose Your License?

Losing your license is not only a major hassle, but it can also be a serious security risk. So, you need to get proactive to prevent someone else from getting their hands on it and using it for fraudulent activities.

Some states require that you first file a police report. Even if it is not a requirement in the state you live in, it’s always a good idea to do so to protect yourself in case someone starts using it fraudulently.

Next, visit your state’s DMV website to determine the appropriate steps you need to take. Submit all the paperwork required and pay the associated fee, which could range anywhere between $15 and $30, depending on your state. Finally, wait for your replacement license to arrive.

What Happens if You Don’t Pay a Speeding Ticket?

close up of parking meter

Just as with parking tickets, failing to pay a speeding ticket could get your driver’s license suspended, your car towed, and insurance premiums increased. You may also not be able to renew your vehicle registration and driver’s license once they expire.

The next question you might ask is – How long does a speeding ticket stay on your record? Although the precise time varies by state, it is usually three years once you’ve been convicted of a traffic violation or any other minor infraction like running a red light or getting a speeding ticket.

Pay off Parking Tickets as Soon as You Get Them

Now that you know what happens if you don’t pay a parking ticket, the best thing to do would be to pay the fine as soon as you can. This prevents an otherwise small violation from turning into something bigger that could lead to the suspension of your license, or worse, a possible jail term for ignoring a court summons.

If you wish to dispute a parking ticket you were issued, get in touch with a competent parking ticket lawyer to help you fight the citation you received.

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What Happens if You Don’t File Taxes?

Legal AssistantResources, Tax Law

Every US citizen has a legal obligation to file their tax returns every year – whether or not you owe anything to the IRS. That’s just how the law is set up. Besides, you might just find that Uncle Sam has a tax refund waiting for you. And who doesn’t like having a little extra cash in their pocket, much less when you least expect it.

That aside, if you miss the April 15 deadline and end up filing your taxes late or not filing at all, the good news is – it’s not the end of the world. Nonetheless, you still have to contend with the financial ramifications that come with it.

So, what happens if you don’t file taxes? Here’s everything you need to know.

What Happens if You File Taxes Late

First, let’s explore how the tax system in the country works. Throughout the year, the IRS expects you to provide an estimate of your tax payments. This can be done in one of two ways:

  1. By automatically withholding the taxes due from your paycheck if you’re a W-2 employee; or,
  2. By paying them manually if you’re a 1099 entity

When the time comes to file your annual return, you might find that your estimated payments exceed what you should have paid, or in other instances, fall short of what you owe the IRS. The former results in a tax refund while the latter results in a tax bill.

Now, if you find that you owe money, you need to pay the amount displayed on the tax bill as soon as you can. If you don’t, you will receive a demand notice from the IRS. If you still fail to make the payment, the IRS will send you at least one extra notice before taking further action against you.

income tax calculator

Penalty for Filing Taxes Late

Any unpaid taxes you have will begin to accrue interest and penalties. Interest is calculated from the due date stated on the notice you received. This amount could vary anywhere between 3% and 5% of the outstanding balance. So, if you owe $1,000 in back taxes, you can expect to be charged between $3 and $5 every month until you settle the tax bill.

There is also a failure-to-pay penalty that’s levied in addition to the interest due. This is calculated at 0.5% of the outstanding balance every month, up to a maximum of 25%. Keep in mind that you may also have to pay additional interest and penalties for unpaid local and state taxes. These are calculated at rates set by the local and state authorities.

What Happens if You Don’t Pay Taxes?

If you continue to ignore the tax bill and fail to settle the amount due, the IRS will offset any outstanding amount from future tax refunds you might be entitled to. Additionally, they could also place a lien on any property or assets in your name.

This could later evolve into a levy. So, the IRS has the legal right to seize your property to settle your outstanding tax bill.

You could also go to jail for failing to pay taxes, but the likelihood of this happening is slim. Unless you somehow owe hundreds of thousands of dollars in back taxes, then all bets are off. If you somehow got lucky and skipped paying your taxes for several years, there’s a 10-year statute of limitations on collecting unpaid taxes.

Penalty for Not Filing 1099

If you’re a business owner and you provide an incorrect tax statement otherwise referred to as “intentional disregard,” the IRS penalizes you $550 for every 1099 with no annual limit.

do i need a tax attorney or cpa

As for the late filing of 1099s, the penalty ranges between $50 and $270 for every 1099 up to a maximum of $1,113,000 per year. The exact amount you’ll have to pay depends on how late you file and whether or not the IRS classifies you as a small business. Businesses with an annual turnover of $5 million or less are generally regarded as such.

What Is Tax Evasion?

It’s one thing to file your taxes late. Tax evasion, on the other hand, is a whole other ball game. So, what is considered tax evasion?

If an individual or entity deliberately avoids paying their tax liability, that would be tantamount to tax evasion. The keyword here is “deliberately.”

The definition also extends to the deliberate underpayment of taxes due, based on the IRS information from third parties through 1099s or W-2s from an individual’s employer.

Tax Avoidance vs Tax Evasion

Both tax evasion and tax avoidance have somewhat similar definitions. In the latter, an individual uses legal means to minimize the tax obligations due, while the former relies on fraudulent means.

Tax evasion penalties may be of a civil or criminal nature. Civil liabilities may result in a 75% penalty of the amount due.

Criminal penalties, on the other hand, might be a combination of fines totaling up to $250,000 for individual tax evaders or up to $500,000 for corporations. It may also result in a prison term of up to five years behind bars.

Tax Debt Relief

Sometimes, life happens, and you just can’t afford to pay off your tax debt. The good news is – the IRS can forgive your debt.

debt concept

The government would first examine your current financial situation to determine what you can reasonably pay. If it finds that any collection action would result in you facing a financial crisis and losing any financial security you currently have, you would be eligible for debt forgiveness.

Get the Best Legal Help

Now that you know what happens if you don’t file taxes, the best thing to do would be to settle any outstanding tax debt you might have. That way, you avoid accumulating unnecessary interest and penalties to the point it threatens your financial wellbeing.

If the IRS has contacted you over tax issues, or you’re currently facing tax fraud charges, you’ll need to find a tax attorney as soon as possible. They’ll help protect your rights and hold your hand through every stage of the litigation process.

If you still need help figuring out where to get started, you can also chat online with a Laws101.com attorney today.

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Brain Injury Attorneys – What Are They and When Should You Hire One?

Legal AssistantMedical Malpractice, Personal Injury Law, Personal Injury Lawyers

Traumatic brain injury (TBI) is among the top causes of death and disability in the US. Every year, approximately 2.87 million hospitalizations, ER visits, and deaths occur, with children accounting for more than 837,000 of these cases.

Contrary to what you might think, you don’t have to be struck by a hard object or involved in a car accident to suffer from a brain injury. TBIs can be the result of a fall, sports accident, or even a work-related incident.

In short, any trauma to the head or neck area could potentially cause bruising, bleeding, tearing, or swelling to the brain. Depending on the circumstances surrounding the incident, you can file a lawsuit if the injury resulted from another party’s negligence.

If that’s the case, you’re going to need the best brain injury attorneys in your corner. Here’s everything you need to know.

Types of Brain Injury

First off, let’s examine the different types of brain injuries that exist. These broadly fall into two main categories depending on the causative agent.

1. Traumatic Brain Injury

TBIs result from blunt force trauma to the brain resulting in a skull fracture. They may arise in personal injury cases like motor vehicle accidents or slip and fall incidences; criminal cases like assault and battery; diffuse axonal injuries; penetration injuries; contusions; and concussions. Let’s examine each of these in more detail.

brain injury attorneys

Diffuse Axonal Injuries (DAI)

These are brought about by extreme rotational movement or shaking, which then creates tears in the structures of the brain as the skull shears its (the brain’s) edges. These tears end up creating neurochemical disruptions in the normal functioning of the brain, which may lead to a coma, permanent brain damage, or, ultimately, death.

Signs of brain injury vary widely depending on the specific brain structures that were torn in the process. An individual with a DAI brain injury may exhibit memory disruption, olfactory disruption, motor function and sensation disruption, and several other disruptive symptoms.

Penetration Injuries

These come about when sharp objects pierce through the skull and brain. This may result in lost tissue as the object exits the skull, as well as the rupture, tearing, and shearing of accessory brain tissue. If an individual survives, they are left grappling with major long term effects that may not improve over time.

Contusions

The term contusion refers to localized bleeding in the brain caused by direct impact trauma to the head region. Contusions may require surgical removal since the formation of a blood clot at the contusion site can be fatal in most cases.

In other instances, when the force of the impact is great, the brain may slam into the opposite side of the skull. This may, in turn, create yet another contusion at the second site of impact.

Concussions

A frequently asked question we get is – Is a concussion a brain injury? The short answer is, yes, it is. Like a contusion, concussions are also caused by direct impact trauma to the head region and are often accompanied by a loss of consciousness. However, this may not necessarily be the direct result of the trauma.

Concussions are no doubt the most common type of TBI and may come about due to whiplash in a car accident, shaking, falling, or getting kicked, punched, or shot. In severe cases, concussions may result in permanent brain damage.

2. Acquired Brain Injury (ABI)

Unlike TBIs, acquired brain injuries aren’t necessarily the direct result of the external application of force to the brain. But that is not to say that an acquired brain injury cannot be “caused” by the actions of others. Strangulation and drowning incidents have been known to cause ABIs.

In most ABI cases, however, plaintiffs often sue the medical providers for worsening their condition, or not having addressed it in good time with a proper treatment plan, which could have prevented permanent brain damage.

There are generally two main types of ABIs.

Anoxic Brain Injury

Anoxic brain injury, or anoxia for short, is a brain condition brought about by oxygen deprivation. If, for whatever reason, the brain doesn’t get enough oxygen, cell death occurs within a matter of minutes. This may result in severe damage to various brain systems and can even be fatal.

Several different kinds of anoxia exist, with the most common ones being:

  • Standard anoxia – where the brain doesn’t receive enough oxygen for any number of reasons, including respiratory illnesses
  • Anemic anoxia – where the blood doesn’t carry enough oxygen to the brain
  • Toxic brain injury – where toxins block the normal uptake of oxygen by the brain

Hypoxic Brain Injury

This is a lot like anoxia, except for the fact that the deprivation of oxygen is not absolute. So, the brain does receive some oxygen, but at dangerously low levels. Cell death may occur, albeit at a much slower rate than in anoxic brain injury cases.

When Should You Hire a Brain Injury Attorney?

Whether you or a loved one suffered a car accident brain injury or any other kind of brain injury that resulted from the negligent actions of a medical practitioner, you need to consult with an experienced attorney as soon as possible.

Keep in mind that the statute of limitations clock starts running from the date you incurred the injury. So, if you plan to hold the negligent party accountable for their actions, you need to move with haste.

The long term effects of a brain injury may not be immediately apparent. Ensure that you get medical care as soon as you can, and frequently thereafter if you suspect that you may have suffered some sort of trauma to the head.

Here are some symptoms to look out for when evaluating the potential for brain injuries.

  • Confusion
  • Dizziness that may or may not be accompanied by nausea
  • Feeling weak or numb on one side of the body
  • Frequent loss of short term memory
  • Severe headaches
  • Unusual fatigue or sluggishness

Hold Negligent the Negligent Parties Responsible

If you do decide to pursue a lawsuit, your brain injury lawyer may proceed in one of two ways. They will either sue on the negligence theory of liability, where they’ll prove that the other party failed to exercise their legal duty of reasonable care, or they may pursue a product liability theory if the defective medication you were on caused the brain injury.

Either way, you’re going to need the best brain injury attorneys in your corner.

If you have any legal questions concerning brain injury claims, you can also chat online with a Laws101.com attorney.

business sue you for bad review featured image

Can a Business Sue You for a Bad Review?

Legal AssistantBusiness Law, Consumer Law, Personal Injury Law

Have you ever encountered such horrible customer service from a business that it left you feeling utterly infuriated? So, much so that even after asking “to speak to the manager,” you could still feel yourself getting hot under the collar?

Don’t worry. You’re in good company. We’ve all been there at one point in our lives.

Before you know it, you’re telling anyone who will listen why they need to avoid that particular establishment like the plague. Yet, it’s still not enough. You need a larger audience.

So, you take to social media and post a bad review, and moments later, it already has 20 views, which turn into 50, then 100. Twenty-four hours later, your post has had 1,000+ views. You feel vindicated. “That should teach them not to mess with me,” you mutter under your breath as a victorious smile washes across your face.

The one thing you may not realize is that your victory could be short-lived. And, it may come at a cost that could leave you shedding premium tears. What happens when a simple bad review turns into a defamation lawsuit?

Can a business sue for a bad review? Here’s what you need to know.

customer feedback

Defamation Lawsuit for a Bad Review

What most Americans don’t realize is that bad reviews can potentially cost them a lot more than they bargained for.

With so many online review forums on the internet, and the sheer power social media has to potentially ruin a legit business, it comes as no surprise that a business owner may take exception to a bad review left by a consumer. They may even end up seeking legal redress by suing for defamation if they feel that the comments lack merit.

People often confuse the terms defamation, slander, and libel even though the three terms mean entirely different things.

Defamation vs Slander

Defamation is defined as a false statement presented as a fact that ends up causing damage or injury to an individual’s or company’s reputation. For instance, a statement along the lines of: “XYZ Ltd. steals from its customers.”

If this statement is not true, and XYZ ends up losing customers as a result, then it is considered defamation. XYZ has the right to bring a defamation lawsuit against the individual who made that statement.

If, however, you went to the XYZ company premises, demanded to see the owner and proceed to say to them, “You’re stealing from your customers!” that isn’t considered defamation, since the statement was uttered in private, and doesn’t damage the company’s reputation in anyone else’s eyes.

Slander and libel are essentially types of defamation. The difference arises in the method used to defame the entity in question. If you make a false, defamatory statement in writing, then it is considered libel. If you make a false, defamatory statement relayed orally via speech, then it is considered slander.

Elements of Defamation

Keep in mind that before anyone can bring a defamation lawsuit against you, they need to prove four key elements.

  1. The presentation of false statements purporting to be factual
  2. The communication or publication of said false statements to a third party
  3. Fault amounting to negligence
  4. Loss, harm, or injury incurred by the defamed party as a result of the defamatory statement
good feedback

Keep in mind that different states have different anti-defamation statutes, which may (or may not) require a higher threshold for proving defamation. As a result, the courts in those states may interpret defamation laws slightly differently.

Defamation of Character

Defamation of character, which is legally referred to as tort of defamation, is generally classified into two specific types of false statements.

  1. Defamatory per se statements – These are utterances that are so obviously harmful, no proof of injury is required
  2. Defamatory per quod statements – The plaintiff has to prove injury or damage incurred, which may include the loss of something with economic value

The Consumer Review Fairness Act (CRFA)

“… Company Sues Customer for Bad Review …” Up until 2016, these kinds of headlines had become an everyday occurrence.

It had become such a huge issue that Congress had to intervene by passing the Consumer Review Fairness Act of 2016 to protect consumers from unwarranted intimidation and punishment by companies for posting honest reviews.

It paved the way for the government to crack down on companies that use the threat of a lawsuit to intimidate honest reviewers into taking down negative posts about their businesses.

Some companies would even go to the extent of using non-disparagement clauses in contracts to sue consumers who left bad reviews online or outrightly intimidating them into giving positive reviews.

If you leave an honest bad review online, the CRFA protects you from being sued by a business that claims (whether true or not) to have a non-disparagement provision. If a company ends up suing you on these grounds, report the matter on the FTC website.

Anti-SLAPP Statutes

If you live in any one of the 29 states that currently have an anti-SLAPP (Strategic Lawsuit Against Public Participation) laws, and are being sued for a bad review, you can petition the court to dismiss the suit on the basis that it lacks merit. Plaintiffs who lose an anti-SLAPP motion may even have to pay penalties as a result.

customer product review

On the other hand, states that don’t have these laws leave consumers exposed to the wrath of disgruntled business owners. The average defamation settlement costs vary depending on the loss and damages suffered. These may include:

  • Actual/compensatory damages for the actual lost earnings resulting from the defamation
  • Non-economic damages for the company’s injured reputation
  • Punitive damages assessed against the defendant
  • Mitigating damages to minimize the loss suffered

In 2018, CBS News reported a story about a New York woman who was fighting a $1 million suit by a local doctor for posting a negative review online. Another doctor in Tennessee sued a patient for $25,000 for leaving a bad review on Yelp. So, as you can see, defamation lawsuit settlements are all over the spectrum.

Choose Your Words Carefully

Can a business sue you for a bad review? Yes, you can. Especially if you can’t back it up with facts. The best thing to do when writing an online review is to put forward a factual assertion and be as detailed as you possibly can. Ensure that you also provide proof to back up your claims.

That’s the best way to protect yourself against a defamation lawsuit. So, choose your words carefully.

If you have any legal questions about defamation lawsuits, chat online with a Laws101.com attorney today.

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Are There Laws in International Waters?

Legal AssistantInternational Law

If you were a fugitive on the run, where would you escape to? Is there any place on earth you could go where law enforcement couldn’t get to you?

Well, one option would be to buy a yacht or sailboat and head out to the high seas and live out the rest of your days there. Sort of like a modern-day Jack Sparrow. At least that’s what all the spy novels and Hollywood action movies would have us believe.

While that might seem plausible in theory, that’s not how it works in real life. It’s not exactly a lawless limbo that you can run to, to escape from the long arm of the law.

So, how does it work? Are there laws in international waters? Here’s everything you need to know.

International Waters Definition

International waters, or the “high seas,” as they are sometimes called, are the areas of the ocean that don’t fall under any nation’s jurisdiction. They are beyond a nation’s reach, which means that no one “owns” them. The next logical question would be – where do international waters begin?

They generally start where territorial waters end. So, countries own the waters that stretch out 12 miles from the shoreline. Anything that happens in this region is subject to the laws of that state.

So, it has the right to allow or deny passage through it or flights over it, extract natural resources that may be in this zone, and even build. It is simply an extension of the land.

Countries that border the open sea also have a designated exclusive economic zone (EEZ) that stretches out 200 miles from the shoreline. The maritime country that owns the EEZ also owns the mineral resources and marine wildlife within it but cannot prevent watercraft or aircraft from passing through it or over it.

deep blue international sea water

Anything beyond that is considered international waters.

Gulf of Mexico International Waters Map

The Gulf of Mexico is the exception to the 200-mile rule. The region’s continental shelf extends by 350 miles in the Western Polygon based on bilateral treaties between Mexico and the US, the United Nations Convention on the Law of the Sea, and international law.

International Waters Laws

Now, contrary to what you might think, international waters do not constitute a “no man’s land” – so to speak. It is a bit more complex than that. The high seas are usually broken into various sections, with different countries having various rights over the waters in these sections.

Each has certain regulations that govern the activities that can take place there based on an agreement reached between two or more nations. This is what forms the basis of international waters laws.

International water law is defined as an agreement between nations that outlines the rules and regulations that apply to a specific section of the waters in the open seas. Once all the nations sign a treaty, the international waters law goes into effect thereafter.

International Law of the Sea

As per the guidelines presented by the United Nations Convention on the Law of the Sea (UNCLOS), every state has the power and authority to exercise its jurisdiction over all social, technical, and administrative matters on watercraft with its flag.

If, for instance, a ship had a fugitive on board, they would be subject to the laws of whichever country the watercraft is registered to.

Crimes Committed on the High Seas

captain jack sparrow

The US can also assert its jurisdiction and authority in international waters by other means, in certain situations. The US Code grants power to the federal government to exercise what it terms as “Special Maritime and Territorial Jurisdiction” over:

  • Any island or rock found to have guano deposits as per the discretion of the President
  • Any place that falls outside the jurisdiction of any country with regards to a crime committed against any US citizen
  • Any foreign watercraft scheduled to depart from or arrive in the US that’s involved in a crime perpetrated against a US citizen

To be clear, “guano” refers to the excrement of seabirds or bats.

So, what this law essentially means is that, if you commit a crime and you flee the country to some god-forsaken poop-covered island or rock, in the middle of nowhere, out on the high seas, that piece of land also belongs to the US government. So, they can still send the government machinery to arrest you.

If, on the other hand, you (the fugitive) were a foreign national on a boat in international waters flying a foreign flag, the government would be less likely to capture and arrest you for avoiding violating the jurisdiction that the other country has in that section of the open seas. “Likely” but not guaranteed.

Piracy in International Waters

International law generally recognizes a county’s assertion of its jurisdiction over international waters if the offense is considered a universal crime. Piracy falls into this category of offenses.

Law of the Sea Example – Cruise Ships

white cruise ship in international waters

If you decided to go on a Dutch cruise flying under a Dutch flag, you would be bound by the laws of the Netherlands regardless of your citizenry.

Now, if you happened to be cruising by the territorial waters of the US where gambling is considered illegal, playing Poker in the onboard casino would be deemed illegal. So, the ship casino would have to remain closed until the vessel clears the US territorial waters.

What about smoking marijuana on a cruise? Can you get “high” out on the high seas? Are drugs legal in international waters? The one thing you need to keep in mind is that regardless of how far from a nation’s shoreline you might be, you’re still subject to the laws of the state the vessel you’re on is registered to.

So, since cannabis is considered illegal in the Netherlands, as per our earlier example, partaking in Marijuana onboard a Dutch cruise would be prohibited by law.

No Place to Hide

While international waters don’t belong to any nation, the United Nations Convention on the Law of the Sea lays out guidelines that give countries the power and authority to exercise their jurisdiction over all the social, technical, and administrative matters concerning ships flying their respective flags.

So, no one can get away with crimes committed on the high seas, nor can you hide out on any rock or island on international waters, if you’re an American fugitive.

If you have any legal questions on maritime law, feel free to chat online with a maritime law attorney.