Zeribe Law Offices
Immigration Law and US Politics
The United States of America is the land that many people want to live in. It is progressive and a powerful country in the world. If you are seeking to immigrate in the United States, you will do well in knowing about the immigration law and US politics. Both of these are interrelated in such a way that the immigration law is in constant amendment so as it can work in harmony with the other laws of the United States. Moreover, this is a persistent topic being dealt with by many US politicians.
The Immigration Laws of the United States of America
The immigration laws of the US have been altered numerous times. Here is a timeline to show it.
- 1790:During this year, the Naturalization Act (NA) of 1970 was formed. It was the first immigration law to allow foreigners’ naturalization.
- 1882: This year, the Chinese Exclusion Act was approved to halt the Chinese people’s immigration.
- 1921 and 1924: These years marked the passing of the Emergency Quota Act as well as the Immigration Act that puts a limit to the number of immigrants allowed in the United States based on their nationality as well as yearly influx.
- 1952:This year, the McCarran–Walter Act paved the way for the development of the US INS (Immigration and Naturalization Service.)
Type of Visas According to the Immigration Law of the United States
Currently, the type of visas in the US falls into:
- Immigrant Visa
This visa is granted for people who would like to permanently reside in the United States. This type has a “capping” rule, where the immigration law imposes a limit in terms of the immigrants that will be admitted to the US every year. However, there is a bill proposal that seems to invalidate this capping though it is not yet approved.
- Non-Immigrant Visa
The non-immigrant visa is the type that refers to those who are only coming to the United States for a limited period of time. This type of visa does not have a capping rule like that on Immigrant Visas. These are solely for work purposes and the immigrant needs to have an employment offer from a business that is registered in the United States.
- Others
Other types would include tourist, family, as well as student visa.
The immigration law is more diverse than this, as this is just the tip of the iceberg. Aside from this, you must know that if you are looking to reside in the United States, you also have to determine if you are fit to be a US immigrant based on the eligibility categories set by the immigration law. This applies to all types of visas. You cannot just show up in the United States telling them that they need you or your skills or that the country will make good use of what you can do. This is not a mere job application. This is a tedious and complex process as your legal addition to their country may make an impact on the government and the economy of the United States.
Call 770-840-9098 for a consultation with out immigration lawyer..
Why You Need a Lawyer If Your Injury is a Serious Personal Injury
Many personal injury victims would question why it is necessary to get a lawyer for this a serious personal injury. While it is true that some injuries may be solved even without the help of lawyers, being in a serious personal injury is a different case altogether. A serious personal injury may be best handled with the assistance of a lawyer and here are the reasons why:
- An experienced person can best handle a serious personal injury claim. Personal injury lawyers have a vast experience relating to several kinds of personal injuries. This is what they are good at and this is what they do. Experts like lawyers can help you achieve a desirable result regarding your claim.
- Personal injury lawyers are the ones that protect your best interests. Though insurance companies claim that they are doing the best they can to protect your interests, it is still true that they are also protecting theirs. Because of this, insurance companies are not able to compensate fairly your serious personal injury. However, hiring a personal injury in this case can truly help in protecting your interests.
- Filing claims require a strict compliance to rules and policies. A serious personal injury victim already has a lot in mind emotionally and physically. Nevertheless, filing a claim is necessary and this is the part where a personal injury lawyer can help you. These people know the rules by heart. They can definitely take the complex task of filing off your hands so you may rest easy and recover peacefully. A serious personal injury claim can exhaust a victim’s resources and time. There are bills to take care of, injuries to recover from, and insurance companies adding stress and pressure to you. It is in this dire time that personal injury lawyers can come in handy to help lighten the situation with their expert knowledge and vast experience.
Tips on What to Do After a Serious Personal Injury
Accidents happen every day to different people and from an assortment of causes. Usually serious accidents are the effect of some people’s negligence, irresponsibility, and recklessness. It is due to this that a number of people experience serious personal injuries. It is justified that a proper compensation be given to victims of serious personal injuries especially if the accident was not their fault.
However, the moments succeeding an accident like a personal injury can be somehow be overwhelming and confusing that most victims tend to forget what to do right after a serious personal injury. In order to know what you have to do if a serious personal injury occurs because of someone else’s wrongdoing or negligence, it would be helpful to keep in mind some helpful tips and advice.
Things to do while at the scene of the incident:
- Check for those who may need immediate medical attention.
- Immediately check if anyone may be in need of medical attention. Check the people you are with and check the people from the other party involved. Do not let your emotions get over you. Manage your temper and do not get emotional. Do not talk to them about anything yet. Ensure first if everyone is in good condition.
- Call for the medical assistance and call the police.
- It is important to call both the medical assistance team or the paramedics and the police if accidents happen. Paramedics will be able to provide first aid especially for those people who may need immediate medical attention.
- Do not attempt to provide first aid or move anyone unless you are qualified to do so.
- While waiting for the paramedics and the police and someone in either party is injured, do attempt to move them. Do not attempt to provide first aid unless you are qualified to do so. If an injured person is moved by unqualified people, the injury may just worsen or may even lead to paralysis.
- Take some photos at the scene of the accident.
- If you have a camera or camera phone with you, make sure to take pictures at the scene of the crime. Everything vital should be recorded and taken pictures of. However, keep in mind not to move anything. Also, make sure that everyone is safe first before taking pictures. The priority still lies in ensuring that everyone is safe before anything else. If this is an automobile accident, make sure to take clear photos of the involved vehicles’ plate numbers, street signs, skid marks, damages, and other things, which you may find relevant. Make a backup copy of these pictures these will be useful if you need to file personal injury claims in the future.
- Politely inform the other parties involved to wait for the police to arrive at the scene and make their written report about the accident.
Call us today, at 770-840-9098, and ask to speak with us about your Personal Injury, Immigration, Criminal Defense, Deportation, Divorce & Family Law matters .
-
- Some people would just want you to have their contact and insurance information and then leave. Do not allow this to happen. Courteously insist that they wait until the police arrive and everything is recorded. It is very important that everyone waits until the police reach the accident area since they will need to inspect the scene and the vehicles, see the position of the vehicles, and many other things necessary for their report. If still the other party leaves, make sure that you have their licensed plate number as well as the description of the people.
- Collect the contact information of the witnesses.
- Take responsibility in getting the contact information of the witnesses. Contact information would include names, phone numbers, addresses, and the likes. The statements of these witnesses can make a difference in your personal injury case.
- Once the police reach the accident scene, tell them everything that happened.
- Things to do after the accident:
- When the police arrive, tell them everything that had happened. Tell them the truth. Avoid exaggerations and do not lie.
- Always seek for medical attention.
- Go to your family doctor or any treating physician available near you. Once you get hold of a physician, inform him or her of the personal injury accident that happened. Inform him or her as well as about any symptom that you are feeling and have the physician record this in the medical record. Get the contact information of the hospital you visited and the name and contact information of the physicians that have examined or treated you. Record the dates that you visited the hospital as well. Again, this will be needed in case you will be filing personal injury claims.
- When involved in a personal injury, you have to always seek for medical attention. This is your top priority. Even if you think you feel okay and nothing seems to be wrong, you still have to visit a physician. Some injuries are not readily seen. Sometimes symptoms manifest in a few days, weeks, or months after the incident. A physician will be able to help you know what to observe and what to avoid doing until it is thoroughly confirmed that you are already well or until proper treatment is done.
- Prepare the information and documents needed for your personal injury claim.
- Before filing a personal injury claim or contacting a personal injury lawyer, you have to ensure that you have all the information and documents. Have everything ready and make sure to make copies for reference.
- Get assistance from a personal injury lawyer.
- You should not handle your case alone, especially if it is a serious personal injury. You have to seek the assistance and guidance of a personal injury lawyer. Personal injury lawyers are expert in handling personal injury claims and cases. These people will be able to help you in your case while you help yourself recover. Personal injury lawyers can take many legal tasks off your shoulders so you can just focus more in recovering. Contact one as soon as possible.
- Keep a notebook tracker.
- Victims of personal injury cases should always keep track of everything that happens. Get yourself a notebook and use it just like a diary or journal beginning from what happened in the accident up to the present. Track everything no matter how small they are. Track down all of the physical complaints, problems, or issues that you are feeling. List down all the medical visits that you made as well as the tests and examinations done. Make a detailed note of the telephone conversations that you will have to people related to the accident. It may not be an exact transcription, but make sure that a good summary of the conversation is noted. Note down the person’s name, phone number, and the date and time of the call. Track down the dates that you missed work because of the injury or accident. List down the expenses you shelled out related to the accident.
Call us today, at 770-840-9098, and ask to speak with us about your Personal Injury, Immigration, Criminal Defense, Deportation, Divorce & Family Law matters .
Prior DUI record and Plea Negotitations
A prior DUI record will play an important role in any DUI proceedings. If it is your first DUI offense, you will be charged with a misdemeanor offense in all states unless some is severely injured or killed as a result of your drunk driving. In most states, if it is your second DUI offense, you will still be charged with a misdemeanor offense but with enhanced penalties. However if it is your third DUI offense, then in most states, you will be charged with a felony offence. A felony offense is punishable with imprisonment that exceeds one year. In every DUI case, the judge will consider your prior DUI record before determining the penalties. If you have a prior DUI record, then you are unlikely to get away with a fine. Even if you do manage to get away with a fine, the fine will be a substantial amount.
All states have a look back period for DUI offenses. A look back period refers to the time period the court will look into for a prior DUI conviction. The look back period is determined by state law. In some states it is 5 years but it can extend to a lifetime in others. If your state has a look back period of 10 years, and you were convicted for DUI in 2002, and you are subsequently arrested for DUI in 2011, then your 2002 conviction will play a vital role in determining the penalties for your 2011 DUI offense. However if instead of 2011, you are arrested for DUI in 2015, then your 2002 conviction will not be counted. Your 2015 DUI offense will be considered as your first offense.
A prior DUI conviction can have serious consequences. You will be subject to enhanced penalties for your subsequent DUI arrest. Your driver’s license can be automatically suspended in some states. If you have a prior DUI conviction and you are subsequently arrested for DUI, consult with an experienced DUI lawyer. The lawyer will review the circumstances of your case and build a successful defense strategy. The lawyer will ensure that your legal rights are protected.
As a defendant in a criminal case, you can enter into a plea bargain wherein you plead guilty to a lesser offense and the prosecution will not press for the greater offense. In DUI cases, you can plead guilty for wet reckless or reckless driving involving alcohol. The rules for plea bargain are determined by state laws. In most states, plea bargain is available only to first time offenders. A plea bargain must be accepted by the prosecution and approved by the court. If it is your second DUI, the chances of the prosecution accepting your plea bargain and the court approving it are very less. One of the factors that the prosecution and the court will consider in a plea bargain is the prior record of the defendant. When you already have a DUI conviction, then your plea bargain is unlikely to be accepted.
Sentencing in DUI Cases
Atlanta Criminal Defense lawyer.
Georgia Criminal Attorney
There are many factors can affect the sentencing in a DUI case. Generally if convicted of DUI, you can expect to be sentenced to jail, pay heavy fine, undergo probation or do community service. The state laws will determine the exact punishment.
Generally if it is your first time, you will be let off with a fine. A first time DUI offense is a misdemeanor offense in all states. But if you cause bodily injury, death or property damages, you can be charged with a felony DUI. If there is a minor in the vehicle when you were stopped for DUI, then a first time DUI offense can turn into a felony offense. A first time DUI offense can become a felony offense if there are aggravating factors such as DUI coupled with speeding.
In most states, your driver’s license will be suspended even if it is your first DUI offense. This license suspension is an administrative penalty and is independent of the DUI case against you. Generally the state law will have a provision that allows you to seek an administrative licenses suspension hearing. The state law will determine the exact period of suspension.
If you have been charged with a DUI offense for the second time, in most states it will be a misdemeanor offense but in some states a second DUI offense is a felony crime. Even if a second DUI offense is a misdemeanor offense in your state, the presence of aggravating factors can covert it to a felony offense. In few states a second DUI has mandatory license suspension. A third DUI offense is a felony offense in most states. It will result in mandatory license suspension in most states. A repeat DUI offender is subject to ignition interlock device in some states.
Your blood alcohol concentration at the time of the DUI stop will also play an important factor in the sentencing. Generally if it is your first time and your blood alcohol concentration is 0.08, you will be let off but if your blood alcohol concentration is 0.1 will you have to spend some time in jail even if it is your first time.
Generally in all states you will be let off on payment of a fine for a first time DUI offense but if it is a felony DUI, then you will have to spend time in jail. In most states you will be sent to jail for a second DUI offense. You will have to spend time in jail for a third DUI offense in almost all states. The state law will determine the exact period of imprisonment. A misdemeanor offense is punishable by jail term of 1 day to 1 year whereas a felony offense is punishable by a jail term exceeding one year.
Your prior criminal record will play a vital role in determining the sentencing in a DUI case. Generally if you have a prior record, the sentence will be enhanced. DUI is a serious charge. Hire the services of an experienced DUI attorney to fight the DUI charges against you.
Sobriety Tests and Stops
When on the look out for DUI offenders, the police officers look for warning signs. These warning signs include sudden lane changes, swerving in the lane, not using a turn signal while turning, etc. If the officers notice any such behavior, they will stop the motorist and subject him or her to a field sobriety test. The police will tell you that field sobriety tests are a good indicator of knowing if a person is intoxicated. If you fail the sobriety test, you will give the police officer probable cause to arrest you for DUI.
If you have failed a sobriety test and been charged with DUI, contact an experienced DUI attorney. The filed sobriety tests are so designed that most people will fail these tests giving the police officer probable cause to arrest them for DUI. An experienced DUI attorney will challenge the administration of the field sobriety tests and question the accuracy of the results of such tests. DUI attorneys have the skill and experience required to challenge these tests. There are many factors that can cause a normal person to fail a field sobriety test.
You should challenge the field sobriety test results. There is no scientific evidence for the accuracy of the results of such sobriety tests. People who are overweight or suffer from some medical problems or fatigued will most likely fail the sobriety tests. By using the services of expert witnesses you can show that the filed sobriety tests are biased and the results of field sobriety tests can be affected by many factors including weather and road conditions. The results of the field sobriety tests are subjective to what the officer considers as failing. Also if the officer does not instruct you properly, you will definitely fail the sobriety tests.
The police will insist that you take a field sobriety test if they have stopped you on suspicion of DUI. You can opt out of a field sobriety test. Field sobriety tests are designed to make you fail so that the police have a probable cause to subject you to a breath analyzer test.
Sobriety stops are part of the overall DUI enforcement strategy of police departments across the nation. Sobriety stops are set up at different locations where motorist are stopped for DUI check. You can challenge the validity of a sobriety stop. Sobriety stops can be a violation of your Fourth Amendment rights against unreasonable seizure. The sobriety stops must follow certain guidelines prescribed by the Supreme Court in a series of cases. If a police officer relies on his own discretion to stop you for a DUI check, he must have individualized suspicion before stopping you. Individualized suspicion is mandatory for such discretionary stops.
Being charged with DUI is no minor issue. DUI has serious consequences. You can be sent to jail even if it is your first offence. You may have to pay huge fines and undergo community service. Sometimes your driver’s license can be suspended. A DUI conviction will certainly see your motor insurance rates increase significantly. Hire the services of an experienced DUI attorney to fight the DUI charges against you.
Chances of Needing A Criminal Defense Lawyer in A Lifetime
There are many circumstances in our lives when we might need the assistance or help of an expert, particularly a lawyer. There are many various kinds of lawyers that we can seek help to depending on the problem or the nature of the case. One of these lawyers is the criminal defense lawyer. A criminal defense lawyer is someone who defends people, organizations or even companies who are involved in cases about crime and criminal violence. Some of the most common cases handled by criminal defense lawyers are sex crimes, domestic violence cases, drug crimes, and other violent crimes and also includes theft, fraud, driving under the influence, and embezzlement. With the years of studying and practice of criminal defense lawyers, you can be sure that they are experts in this field but what are the chances of needing a criminal defense lawyer in a lifetime?
In a person’s lifetime, many different and surprising things could happen. From the time that we step out of our houses good things may happen as well as bad things and sometimes up to the time that we step back in our own homes. It is very unfortunate that some people may experience violent treatments from their own relatives or family members or from their co-workers. There are also some times when strangers come to mistreat, abuse, hurt or at worst even take our lives in exchange for some material necessities that can keep them alive. About a few years back it has been noted that in the United States the violent crime rate is at roughly 450 per 100,000 annually. In a person’s lifetime there is a probability of about 5.3 to at least 1 percent chance that they will be a victim of violent crimes.
Knowing these chances or probabilities, can we say that the numbers are just too low for us to prepare and save numbers or contact information on the best and most trusted criminal defense lawyers in town? I say, no. The probabilities or chances may be too low but we can never be too assured. In general, crimes do exist and realizing that there is a 1 percent chance a criminal case or two may happen to us in our whole lifetime. Helping yourself by trying to look for trusted criminal defense lawyers and/or doing some research about them can be very helpful in the future if not for you, maybe for people or friends you know who may need their assistance.
An old cliché would always say that prevention is better than cure but we can also go by another saying from Stephen King’s Different Seasons, “…there’s no harm in hoping for the best as long as you’re prepared for the worst.” We should be prepared for what may happen. There is definitely nothing to lose but there is certainly something we can gain from being prepared. There are things we cannot do on our own and we will always be needing the help of a skilled person or professionals like criminal defense lawyers.
In Civil Court Criminal Defendant Can Also Be Liable For Victims’ Claim for Personal Injuries
Personal injuries are not only limited to those injuries that can be acquired from work and accidents. There are also personal injuries that can directly receive from a crime or past criminal conviction case of a defendant. To understand this clearly, it can be helpful to refresh about the basics of personal injury cases.
What is a personal injury case?
A personal injury case can be anything from a victim suffering physical injuries, illnesses, or diseases as well as those who suffer from psychological illness or injury. Some examples of personal injuries may include, but are not limited to, injury from work, accidents, faulty services or products, psychological illness from abuse, and medical negligence and / or malpractice as well as psychological or physical injuries experienced by a victim in the a crime.
Regarding personal injuries received from a crime, some people are not aware that in such cases, the criminal defendant may also be held liable or accountable for the personal injuries obtained by the victim. Under the civil court, the victim who received personal injuries because of the crime may press charges on top of the criminal conviction charges of the defendant. Since the criminal defendant is also deemed liable for such personal injuries, they can also be asked for compensation through the Criminal Injuries Compensation Board or Committees in the area or by a compensation order released by the court.
Criminal Injuries Compensation Board or Committees
These boards or committees go by various names in different area. These committees can help you claim compensation as well as take legal actions on criminal defendants who are liable for the personal injuries you have acquired from a crime. If you are a direct victim who may have been involved in criminal cases such as assault, battery, or have sustained injuries, you can go to this kind of committee for further assistance. You can press charges to defendants for a recent crime, which happened resulting in your personal injury case or to defendants with previous criminal conviction cases causing you psychological issues or problems. These criminal conviction cases include, but are not limited to, hospital malpractice, abuse, assault, and the likes.
You can also be an indirect victim where you may just be trying to help the police after a crime has happened in the area and you may have obtained or suffered from personal injuries. In this case, you may also take legal actions and have the defendant be held liable your case on top of his current criminal conviction case.
Criminal Compensation Orders
Upon going to court, even to a civil court, you may claim for personal injuries compensation due to a crime committed by a defendant. The court can release an order to a convicted person so he or she may compensate or pay for a loss, injury, or damage acquired because of the crime the defendant has committed.
The compensation amount will vary depending on how much the defendant is able to pay. There is also a maximum amount, which differs from place to place.
Different Types of Theft Crimes
There are different types of theft crimes. Theft is generally the stealing of anything of value. Larceny is the taking possession of the personal property of another person through trespass. To be charged with larceny, the person charged must have an intention to steal the property and must carry the property away. Robbery refers to the taking or attempting to take anything of value from the care, custody, or control of another person or group of persons by the use of force or threat of force or violence and/or by place that person or group of person in fear. The theft of goods from a retail establishment either by sneaking it out of the store or by altering or switching the tags on an item in order to pay less is shoplifting. Shoplifting goods less than $300 in value is a misdemeanor. If the total value exceeds $300, the shoplifting will be considered a felony.
Theft crimes are serious charges. Never take the charge of a theft crime lightly. An experienced criminal defense attorney can fight the charges against you will ensure that you are given an opportunity to exercise constitutional rights. Defendants have a constitutional right to present evidence that might create a reasonable doubt about their guilt.
An experienced criminal defense attorney knows that judges do not have to admit any evidence the prosecution might want to offer. Judges can exclude prosecution evidence because it constitutes inadmissible hearsay, because it is speculative, because it is unduly misleading, or because it violates rules of evidence. A state cannot arbitrarily take away a defendant’s right to present a defense in a theft crime.
Undoubtedly, the most common defense argument is that the prosecution has failed to prove the defendant guilty. Because of the constitutional principles that a defendant is presumed innocent and that the prosecution has to prove guilt beyond a reasonable doubt, this is often the strongest argument the defendant can make. The criminal defense attorney will review your case to determine if this defense can be applied in your case.
The defendant can sit silently through the entire trial for a theft crime and present no witnesses, but still argue that the prosecution case is simply too weak to prove guilt beyond a reasonable doubt—even assuming everything the prosecution witnesses said was accurate. More likely, even if the defense presents no case of its own, it will try to strengthen the not guilty argument by cross-examining prosecution witnesses and poking as many holes in their stories as possible. Taken together the holes create a reasonable doubt as to the defendant’s guilt. At the same time, the absence of a defense case denies the prosecution a target to poke holes at in return, as the prosecution generally is not permitted to comment on the fact that defendant chose to not testify, or failed to put on an affirmative case. An experienced criminal defense attorney can work with you to develop a successful defense strategy against the charges of a theft crime.
Why I Think Technology is Controlling Our Lives
Since time immemorial technology has always been man’s helping hand in their everyday lives. From the stone tools used by primitive people to the most sophisticated device we have now, technology all brought them to us to make our lives much easier and so we will be able to do more with the limited daily time we have. It has given so many benefits and that we should really be thankful that it has graced our lives. But our dependency on technology and its results and products have also been growing bigger and bigger with every passing day. Has technology taken over our lives? Has technology been controlling our lives all along?
I think it is. We have grown so much dependence on technology and its products that we have adjusted so much of our daily routines or traditions just so we can accommodate the use of technology. Take for instance, mobile phones and computers, many would rather spend their time in front of their computers working, playing games, or connecting with friends or chat all day long with their people or family members using their cell phones instead of just meeting or visiting them personally.
Many would reason out that these would be the easiest way but is this the quality way? We’d wake up early or sleep late just to tend to the games we play or friends we chat but what about quality bonding time with our family? Games are good once in a while but when was the last time you have played a real game outdoors where your whole body would be exercised and not just your eyes and your fingers? When was the last time you spent time on making crafts and honing your creativity on real hobbies?
I have nothing against technology as it has also helped me in ways more than one but we must remember to keep it balanced and veer away from too much dependency. We need to know that quality is not met by speed or quantity of production. Sometimes doing things in a more traditional way would yield better results and even hone our skills and make us even better. We should not let technology control us instead we should use it wisely.
Maintaning Business Records
Managers should become familiar with the federal and state rules of civil and criminal procedure that apply to their particular business:
| • | the Uniform Business Records as Evidence Act, adopted in 16 states, allows a record of an act, condition, or event to be submitted as evidence if its custodian or another qualified witness testifies to its identity and mode of preparation, and if the record was made in the regular course of business at or near the time of the activity. |
| • | the Best Evidence Rule allows the submission of a duplicate record as evidence only if the absence of the original is satisfactorily explained. |
| • | expanding the Best Evidence Rule, the Uniform Rules of Evidence and the Uniform Photographic Copies of Business and Public Records as Evidence Act (UPA) give duplicate records and microforms the same legal status as an original record under certain conditions in federal proceedings and in those states adopting both laws. |
Your business should maintain its records carefully. Properly maintained business records can prove helpful in case of litigation. No matter how diligently a business tries to identify, understand, and comply with the law, it is inevitable that it will experience some type of government investigation or litigation during its lifetime. Unfortunately, accurate and complete record-keeping is no guarantee against charges of violations.
Record-keeping regarding financial transactions and asset management is a necessity for both internal and external purposes. Laws and regulations applicable to a number of industries and specific transactions also necessitate good record-keeping.
Businesses create and maintain records primarily to meet their internal needs, but laws and government regulations also compel creation of complete and accurate records. Laws and regulations have a greater impact on business today than they did 20 years ago, and they are in a constant state of change. Which of the thousands of federal, state, and local laws and regulations are relevant to a particular business will vary according to:
| • | the type of business or industry |
| • | how the business is organized |
| • | how and where the company conducts business |
The consequences of failure to comply with the law can be serious indeed. Most statutes and regulations stipulate or imply record-keeping requirements, which tend to grow fastest in newly regulated areas and in areas affecting the public welfare or individual rights. Certain records are created and maintained in order to comply with a law or regulation to do so. Other records are created to document a company’s compliance with a law or regulation. Record-keeping requirements may include:
| • | record creation |
| • | a specified form of a record |
| • | record maintenance or preservation |
| • | information reporting or disclosure |
| • | information protection |
Mandating good record-keeping are litigation, stricter enforcement of laws, and heavy fines, penalties, and prison sentences. An organization may need to make its records available for:
| • | congressional hearings on a product, service, or business practice |
| • | review, audit, or investigation by government agencies |
| • | civil or criminal proceedings |
A business has an obligation to its shareholders, employees, and other stakeholders to support and defend its claims in civil or criminal proceedings. Proper record-keeping may prevent or minimize the risk of losses in court proceedings or government investigation. When a business does not maintain and protect the right records, the result may be the loss of the right to a proper defense or the loss of the right to file a claim.