Groshek Law PAGroshek Law PA2024-03-10T22:40:25Zhttps://www.christagrosheklaw.com/feed/atom/WordPress/wp-content/uploads/sites/1601024/2020/07/cropped-site-identity-32x32.jpgOn Behalf of Groshek Law PAhttps://www.christagrosheklaw.com/?p=568442024-03-10T22:40:25Z2024-03-10T22:40:25ZIf you’re the parent of a teen or young adult, you likely are aware that fatal drug overdoses remain at epidemic levels. Too many overdoses become fatal because the people who are with the overdose victim don’t call 911 or otherwise get emergency medical aid because they fear being arrested for their own drug use.
That’s why states throughout the country, including Minnesota, have enacted “Good Samaritan” immunity laws that protect those who seek help and those they seek help from from being charged and prosecuted for their personal drug use if it’s discovered only because they sought help.
A few details about Minnesota’s law
Under the law, a person who “in good faith” seeks medical assistance for someone suffering an overdose cannot be prosecuted for the “possession, sharing, or use” of drugs or paraphernalia discovered as a result. This immunity extends to the person suffering the overdose – whether they get help for themselves or someone else seeks help for them.There are a few requirements. Immunity is available only for the person who is the first to call for assistance and only if they remain on the scene and cooperate with authorities. The illegal items must have been found as the result of their call for help. Note that the law doesn’t apply to more serious drug-related crimes like sale and trafficking. It also doesn’t apply to non-drug-related crimes discovered at the scene. Nonetheless, the fact that someone sought help for a person in medical distress could potentially be considered a mitigating factor in charging them for those other offenses.No law works perfectly in real life. Sometimes, police arrest people without knowing the full story. If you or a loved one has been charged with an offense covered under the law or for one not covered by the law based on evidence found because they sought emergency help, it’s important to get legal guidance as soon as possible.]]>On Behalf of Groshek Law PAhttps://www.christagrosheklaw.com/?p=568392024-02-27T13:16:57Z2024-02-27T13:16:57ZA prenuptial agreement is a primary source of protection for both parties involved. If you’re considering having a premarital agreement before you get married, you must focus on ensuring the prenuptial agreement is fair.
It’s possible that some people might be upset when they find out you want a prenuptial agreement. Instead of being upset, anyone presented with a prenup should realize that this can be a solid financial foundation. If you’re the one presenting the prenuptial agreement consider these tips:
Present the prenuptial agreement early
The prenuptial agreement must be presented well before the wedding. Signing one of these agreements can’t be done under coercion, which is what may be claimed if your betrothed is rushed. They need time to review the entire prenuptial agreement.
Leave time for legal review
Both you and your future spouse should also have the agreement reviewed by an attorney. Each person must have a different attorney because sharing an attorney to review one of these agreements could lead to a claim of conflict of interest if the prenup comes into the picture because the relationship ends.
Focus on the fairness of the agreement
When you begin talking about the premarital agreement, focus on showing your partner how it benefits them. You can do this by keeping things fair. Prenuptial agreements that favor one party over the other actually don’t provide much protection because the court can deem it invalid based on being unfair and one-sided.As you discuss the prenuptial agreement with your future spouse, remember that this agreement isn’t an indication that either person thinks the marriage will fail. Instead, it’s a way to ensure you’re on the same page about finances. ]]>On Behalf of Groshek Law PAhttps://www.christagrosheklaw.com/?p=568382024-02-22T18:06:52Z2024-02-23T18:06:21ZA responsibility to assess the situation
While judges are not directly involved in negotiations between you and the prosecution, they have oversight to preserve your constitutional rights and verify that bargains are fair and ethical. They must step in if they believe you are facing undue pressure or misinformation leading you to accept an unsuitable bargain.
Discretion over accepting or rejecting the plea
Judges also have wide discretion over whether to accept or reject a plea bargain that you and the prosecutor present for approval. Even if you and the prosecution have agreed on a deal, the judge can decide the terms are inappropriate. Reasons they may reject deals include believing the sentence does not match the severity of offenses or that prosecutors failed to fully investigate the case before reaching a bargain. This means that the judge can change the sentence that you negotiate as part of the plea deal.
Knowing that judges have the final say should motivate you to negotiate reasonably. One-sided pleas are unlikely to earn judicial approval. Also, be aware that if a judge rejects your first deal, you may get a second chance to negotiate new, mutually acceptable terms.]]>On Behalf of Groshek Law PAhttps://www.christagrosheklaw.com/?p=568342024-02-12T17:12:04Z2024-02-12T17:12:04ZIt’s never pleasant to think that the medical board has opened an investigation into your medical practice – especially because your entire career could be affected.
It’s always important to understand what sort of complaints or reports can launch an investigation, and what investigators are likely to examine. Here are the things that can lead to the biggest issues:
Patient complaints
Whether it's related to medical negligence, communication issues or inappropriate behavior, complaints from patients can send up alarm bells about a doctor's practice. Medical boards thoroughly investigate the nature of these complaints to determine if there are patterns of misconduct or if even isolated incidents warrant disciplinary action.
Criminal activity
Criminal offenses, such as fraud, substance abuse-related charges or violent crimes can all impact a doctor's abilities as a healthcare provider. Many physicians make the mistake of trying to hide charges from the medical board instead of dealing with the issues head-on.
Mental and physical health issues
Medical boards can assess whether doctors are suffering from conditions that may impair their ability to practice, such as untreated mental health issues or cognitive impairments.
Substance abuse
Substance abuse is a grave concern in the medical profession. Medical boards closely monitor signs of substance abuse through drug testing and assessments. Doctors who are found to be struggling with substance abuse are often offered rehabilitation and support programs.
Office policies and procedures
Medical boards also scrutinize a doctor's office policies and procedures to ensure compliance with ethical and legal standards. This includes the proper maintenance of medical records, adherence to informed consent practices and the use of effective communication channels with patients. If you find yourself under investigation by the medical board for any reason, it’s never wise to try to handle the situation on your own. The appropriate legal guidance can often minimize any potential fallout.
]]>On Behalf of Groshek Law PAhttps://www.christagrosheklaw.com/?p=568102024-01-30T13:08:13Z2024-01-30T13:08:13ZMiranda rights, named after the landmark Supreme Court case "Miranda v. Arizona," are crucial in the U.S. criminal justice system. These rights, founded in the Constitution's Fifth Amendment, protect individuals from self-incrimination and ensure fair treatment during police interrogations.
Understanding Miranda rights requires knowing when they apply and how they function. These rights aren’t a universal requirement for all interactions with law enforcement, but are specifically required under certain conditions.
When Miranda rights apply
Miranda's rights become relevant when an individual isn’t able to leave and is being questioned by law enforcement. The U.S. Supreme Court defined these rights to prevent compelled self-incrimination. This includes informing them of the right to remain silent, that anything said can be used against them in court, the right to an attorney, and if they can’t afford an attorney, one will be provided for them.
How to invoke Miranda rights
Invoking Miranda rights is a straightforward process. An individual can explicitly state they are exercising their right to remain silent. Once these rights are invoked, law enforcement must cease questioning until an attorney is present. The protection includes all law enforcement officials, so a new person can’t resume questioning.
Failure to provide Miranda warnings
If law enforcement fails to provide Miranda warnings before a custodial interrogation, there can be significant legal implications. Any statements or confessions made during the interrogation may be deemed inadmissible in court. The absence of Miranda warnings doesn’t invalidate an arrest. It primarily affects the admissibility of statements made without the warnings. In these cases, working with someone who can help determine a defense strategy is imperative, especially if someone believes their Miranda rights were violated. ]]>On Behalf of Groshek Law PAhttps://www.christagrosheklaw.com/?p=567652024-01-12T14:08:41Z2024-01-12T14:08:41ZA prenuptial (prenup) agreement offers numerous benefits to partners who want to get married. It determines each party's rights regarding the nonmarital property, encourages financial conversations earlier and can help the parties go through a less stressful divorce process if it happens.
But to enjoy these benefits and more, your prenup must be valid.
It should be in writing
A prenup should be in writing to be enforceable. Ensure every decision you and your soon-to-be spouse agree on is in a well-written agreement. Further, you and your partner should sign the written agreement in the presence of two witnesses and a notary.
You should sign the agreement voluntarily
You and your partner should acknowledge the antenuptial contract. If a party can prove they didn't sign it voluntarily, perhaps they lacked the mental capacity to understand the prenup or were under the influence of drugs, they can invalidate the agreement in the future.
Be honest about your finances
For a prenup to be valid, full and fair disclosure of earnings, assets, debts and property is required. If one party undervalues their assets or fails to disclose a debt, a prenup can be deemed fraudulent.
Both parties should have legal guidance
Before signing a prenup, each party should consult with legal counsel of their own choice. A party not having separate legal representation can be grounds to invalidate a prenup.
It should be signed before the day of the marriage
Partners should execute their prenup before the day of the solemnization of their marriage. Signing a prenup on the day of the marriage can be a sign of being pressured. Each party should have time to research and get proper legal representation.You don't want to have a prenup that can be invalidated. Legal guidance can help you avoid this. ]]>On Behalf of Groshek Law PAhttps://www.christagrosheklaw.com/?p=566912024-01-02T22:00:27Z2024-01-02T22:00:27ZIntent to distribute
The severity of drug charges often hinges on the nature of the offense. Simple possession, where an individual has a small amount of drugs for personal use, is typically considered a misdemeanor. However, if there is evidence suggesting an intention to distribute or sell drugs, the charges can escalate to a felony.
Quantity matters
The quantity of drugs involved is a key factor in determining the level of charges. Possession of a noticeably large quantity can lead to felony charges. Law enforcement and legal systems often use specific thresholds to distinguish between misdemeanor and felony drug offenses.
Prior convictions
A clean legal record can make a significant difference when facing drug charges. Individuals with no prior convictions might receive a less severe sentence than those with a history of drug-related offenses. Repeat offenses are likely to escalate the charges, turning a misdemeanor into a felony.
School zones and public places
The location of the drug-related incident is another influencing factor. If the offense occurs within a certain distance of a school, park or other designated public places, the charges might elevate to a felony. The law aims to protect vulnerable populations, especially minors, from the dangers associated with drug activities in close proximity.
According to the National Center for Drug Abuse Statistics, there are 1.16 million arrests for drug crimes in America each year. Around 244,000 of those arrests result in prison time, and those that escalate to felony convictions have particularly harsh consequences.]]>On Behalf of Groshek Law PAhttps://www.christagrosheklaw.com/?p=566902023-12-30T01:26:18Z2023-12-30T01:26:18ZRecord sealing is not an automatic process
Certain details about juvenile offenses are not made available to the public. However, many different agencies may have information related to a juvenile offense. The record of someone's arrest and conviction can turn up in any background check performed by colleges or employers.
Therefore, formal expungement is often necessary to prevent the record of a juvenile infraction from showing up during a background check. Formal expungement does not have a waiting period for juvenile offenders. They can potentially qualify for expungement if the offense occurred before they turned 18.
Typically, people need to wait at least three years after a conviction without another criminal offense to qualify for expungement. Certain types of offenses are typically ineligible for expungement. These offenses include certain drug offenses, violence crimes and sex offenses. In most cases, only misdemeanor offenses are eligible for expungement.
The best way to prevent the record of a youthful offense from limiting someone's future is to prevent a criminal conviction. Helping a young adult respond properly to an arrest may be the best option for those concerned about how a charge could affect their future.]]>On Behalf of Groshek Law PAhttps://www.christagrosheklaw.com/?p=566892023-12-18T17:13:57Z2023-12-18T17:13:57ZNurses handle complaints daily from patients, family members, physicians and co-workers. Usually, it is something minor that they can resolve in a relatively short amount of time.
However, some complaints are serious enough to warrant an investigation and put your nursing license at risk.
Understanding the process
You likely became a nurse because you are passionate about helping people during their most vulnerable moments and assisting them back to good health. That's why it can be upsetting when someone files a formal complaint about you with the Minnesota Board of Nursing, which oversees nursing licensure.Complaints can come from various sources, including patients, families, employers and other healthcare professionals. The complaints may revolve around issues of competence, professional conduct, or legal matters such as alleged violations of the Nurse Practice Act, which are the laws regarding the legal responsibilities of a nurse.If the complaint falls under their jurisdiction, they will initiate an investigation. This involves gathering information, such as:
Employment records
Interviewing the complainant
Complainant's medical records
After reviewing the material, they may want to meet with the nurse to allow them to respond to the complaint. It may involve a Review Panel under the supervision of the Assistant Attorney General.During this process, it's crucial for the nurse to cooperate fully. Providing all the necessary information and being honest can significantly influence the outcome of the investigation. After the investigation, the Board determines whether there were any violations. If so, disciplinary action may be taken, which may include the following:
Reprimand
Fine
Additional education
Probation
License suspension or revocation
A nurse facing an investigation has the right to due process. They may want to work with someone who will advocate for them and protect their license and reputation.]]>On Behalf of Groshek Law PAhttps://www.christagrosheklaw.com/?p=566862023-12-03T00:46:28Z2023-12-03T00:46:28ZWhen parents get divorced, they may both have decision-making power or legal custody. They have to work together to make important choices for their child. They also have to figure out a co-parenting schedule after the divorce.
Part of this process may include choosing a daycare. They want to know that their child is being well taken care of and that they are happy while they are apart, so these parents may look for a daycare that participates in the following activities:
Reading together: Not only is reading aloud a fun way to pass the time and a form of enjoyable entertainment for the children, but it can also be very beneficial for their intellectual development.
Drawing and tracing: Children are trying to learn how to draw, so it can be helpful to have them trace items like blocks or favorite toys. This helps develop their skills and they will be proud of the work they’ve done.
Use building toys: Children often love creative building games, so toys like Legos or Duplos can be very fun for them.
Do simple experiments: Experiments are fun for children as they like to investigate and learn about the world. But these experiments don’t have to be complicated. For instance, children may have fun weighing different toys or items at the daycare to see the difference in weight between each one.
Of course, choosing the proper daycare is only one step that co-parents have to take. There is also the chance that they will run into conflicts if they don’t agree on where their child should go to daycare, where they should attend school, what medical care they should get and much more. Parents need to understand their rights and work together to put their children’s best interests first.]]>