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General Legal
Information
Age
Discrimination
Age Discrimination
Both federal and state law protect older workers
against discrimination based on age in particular
employment practices. For example, older workers are
protected in the practices of hiring, firing,
retirement, compensation, work conditions, promotion,
and more. Private companies with 20 or more employees,
government employees, labor union with at least 25
members, and employment agencies are affected by
federal age discrimination law. In other words, it is
illegal for these employers and agencies to
discriminate against workers and applicants for work
who are over 40. There are some exceptions. Elected
state and local officials along with their personal
staff are not protected at all from age
discrimination. Tenured professors at institutions of
higher learning can be asked to retire at age 70.
Also, firefighters and law enforcement officials may
face limitations based on age.
Bad
Checks
Bad Checks
When you're in legal trouble, you need the advice
of a lawyer who know the criminal justice system. This
gives him or her the edge on knowing what is likely to
happen in your case and how to prepare the best
defense. If a person writes a check with the intention
of obtaining property from another person, knowing
that the person does not have sufficient funds in
their account, then they can be charge with theft by
check. For example: If you go into the grocery store
or to a department store and purchase groceries or
purchase clothes at the department store, and write a
check for the goods, and you receive the goods - then
you can be charged with theft by check if you know
that you do not have the money in your account. The
business establishment that accepts your check may
write a letter to you, certified or registered mail,
demanding that you pick p the bad check. If fail to
pick up the check, then there's a presumption in the
law that you intended to deceive the person that you
wrote the check to for goods or services. Please note
that refusing to pick up your certified mail does not
relieve you from the legal obligation. There is a
presumption that the notice was received that was
mailed. The punishment for issuing a bad check is
determined by the amount of money that the check is
written for. Are you in legal trouble? You owe it to
yourself to find an attorney who really knows the law.
Bail/Bonds
Bail/Bonds
When you're in legal trouble, you need the advice
of a lawyer who knows the criminal justice system.
This gives him or her the edge on knowing what is
likely to happen in your case and how to prepare the
best defense. If you have been arrested, normally you
won't have to stay in jail while you're waiting to
appear in Court. You may obtain your freedom by
putting up bail with a guarantee that you will show up
in Court at the proper time. You may even be released
without bail if you can prove you are a reliable
citizen with a good standing in the community. If you
are a first offender, you will usually be released on
bail unless you are charged with serious felony, or if
the Court feels that you pose a threat to another
person. Repeat offenders who have committed crimes
while on probation, or out on parole are sometimes
denied bail. Under the Constitution, the amount of
bail cannot be excessive or arbitrary. And the Court
considers many factors in setting the amount of bail
including the circumstances of the arrest, the
severity of the crime and its penalty, the weight of
the evidence, the likelihood of flight and the prior
record and general character of the accused. The bail
procedure varies from county to county. It is best to
consult an attorney prior to posting bail as you may
be eligible to post a cash bond with the Court and
save substantial money over posting bail with a
Bondsman. And, if you fail to appear in court, or jump
bail, this money is forfeited and you are then subject
to re-arrest and a more severe sentence if convicted.
Remember, if you are arrested, consult an experienced
criminal defense lawyer immediately. You owe it to
yourself to find an attorney who really knows the law.
Bankruptcy and Financial
Repossession
If you're considering bankruptcy, you need a
professional. You need someone understanding,
experienced, non-judgmental, and most importantly,
someone who can help quickly. If your car has already
been repossessed and you act quickly, you may be able
to get it back after your file for bankruptcy. If you
car has already been repossessed, or is about to be
repossessed, bankruptcy could help you. Once a
bankruptcy has been filed, your creditor cannot
repossess your car without first going to the court to
ask permission. You can cover past due care payments
through either Chapter 7 or Chapter 13 bankruptcy. In
a Chapter 7, you're allowed to get caught up on your
own within a relatively short period of time, or
negotiate with the car company to roll over the past
two payments to the end of the loan. Through a chapter
13 plan, you can either pay for the past two payments
in your chapter 13 plan, or you can put the entire car
loan in the plan. This could result in lower car
payments. You may be able to pay less than you
currently owe on the car because of bankruptcy. All
your secured creditor is entitled to is the current
value of the car, not the current amount that is owed.
If your car has been repossessed or is about to be,
talk with an experienced bankruptcy attorney as soon
as possible. No one wants to file for bankruptcy, but
it's often the smartest choice we can make.
Stop Foreclosure
The decision to file bankruptcy is not an easy one.
You need the advice of a specialist to explain the
difference between creditors' rights and creditors'
threats, and outline the best path the financial
recovery for you. A Chapter 13 Bankruptcy is an
effective way to stop a threatened foreclosure on your
home and deal with the past two payments that have
accumulated. A foreclosure is when a mortgage company
takes real estate away from the owner after the owner
defaults in making payments that are due. The lender
will usually post a home for foreclosure when three or
four payments have been missed. The lender must give
at least 21 days notice by means of certified mail in
order to sell the property on the courthouse steps.
Usually the purchaser of the property at the
foreclosure sale bids much less than what is owed. The
unpaid balance is called a deficiency and the borrower
may be sued by the lender to collect that balance. In
a Chapter 13 Bankruptcy, a person has up to five years
to pay the delinquent amount due n their home
mortgage. While they are catching up, regular monthly
mortgage payments however, must be made. As long as
these regular payments are made, the chapter 13 plan
is not in default and the mortgage company is
prohibited from foreclosing or making any attempts to
collect the delinquency. If a person is behind on
their mortgage, and wants to protect their home until
they can get on their feet again, they should
seriously consider filing a Chapter 13 Bankruptcy. No
one enjoys filing for bankruptcy, but for many
companies or individuals, it's the best option
available. In seeking advice, you have the right to
demand and expert.
What is Chapter 7
If you're considering bankruptcy, you need a
professional. You need someone understanding,
experienced, non-judgmental, and most importantly,
someone who can help quickly. Chapter 7 of the
bankruptcy code is the most common type of bankruptcy.
It allows the debtor, in most cases, to free himself
of all debts. It allows him to retain his exempt
properties such as the family home, automobile,
household furnishings, clothing, personal effects,
retirement benefits, certain tools of the trade and
other properties, up to a specified dollar value.
Chapter 7 is available to business person, as well as
individuals and is designed to give the debtor a fresh
start, virtually free of debt. There is no limitation
upon how much, or how little debt can be discharged.
Relief from creditor harassment comes immediately upon
filing a Chapter 7. However, the whole process takes
four to six months. For more information, a bankruptcy
attorney should be consulted. No one wants to file for
bankruptcy, but it's often the smartest choice we can
make.
Paying Taxes Through Bankruptcy
The decision to file bankruptcy is not an easy one.
You need the advice of a specialist to explain the
difference between creditors' rights and creditors'
threats, and outline the best path to financial
recovery for you. Chapter 13 can provide an excellent
way to deal with delinquent income or property taxes.
Wage garnishments and levies on property can be
stopped or prevented entirely. Taxes can be paid out
over a period of three to five years. Interest in
certain cases can even be eliminated. By handling your
tax payments through a Chapter 13 plan, the usual
stress and trauma associated with dealing with the IRS
can be avoided. As long as you make payments each
month in accordance with your Chapter 13 plan, the IRS
and other taxing authorities are prohibited from
contacting you or taking any action to collect the
taxes due. They must wait and receive what's owed to
them through your chapter 13 plan. If you don't
believe you owe the taxes being assessed, you can file
an objection to the claim with the IRS or other taxing
authorities, or request the bankruptcy court to
determine what is due. This is often much less
expensive and quicker than dealing with the IRS
collection division or engaging in tax court
litigation. No one enjoys filing for bankruptcy but
for many companies and individuals, it's the best
option available. In seeking advice, you have the
right to demand an expert.
Protecting Your
Assets
The decision to file bankruptcy is not an easy one.
You need the advice of a specialist to explain the
difference between creditors' rights and creditors'
threats, and outline the best path to financial
recovery for you. Most people struggle all their live
to accumulate sufficient assets to provide themselves
with a little financial security. Unfortunately, once
these assets have been acquired, the task of keeping
them is not always easy. Small business owners and
professionals must deal with mired of claims, stemming
from on-the-job accidents, personal injury, employment
discrimination, malpractice and business failures.
Even the average family could suddenly be overwhelmed
with debt if either spouse loses their job, or gets
sick and is unable to work. Investment assets like
cash, bank accounts, CD's, stocks, bonds and real
estate are not protected and are fair game for
creditors. There are many things that could be done to
protect investment assets. These include utilizing
corporations, limited liability companies, family
limited partnerships or trusts. It's important
however, that these defensive measures be taken before
claims are asserted. Once a creditor has a legitimate
claim against someone it may be too late to protect
these assets from that creditor. If a creditor has
already filed a claim against a person in Chapter 11
or 13 Bankruptcy, 11 or 13 may still provide a way to
protect investment assets. In any event, asset
protection is very complicated, so you will need the
help of a good attorney to develop an effective plan.
No one enjoys filing for bankruptcy but for many
companies or individuals, it's the best option
available. In seeking advice, you have the right to
demand an expert.
Can Bankruptcy Help Solve Tax
Matters
If you're considering bankruptcy, you need a
professional. You need someone understanding,
experienced, non-judgmental, and most importantly,
someone who can help quickly. Bankruptcy is designed
to free people from economic bondage and give them a
fresh start. It's for people who are so deeply in
debt, there's no way out. If you can't pay your
minimum monthly payments each month on credit cards,
car loans, or your home mortgage, it's time to
seriously consider seeking the advice of a bankruptcy
attorney. If you've reached the point of financial
desperation and can no longer cope with the
harassment, threats and insults of bill collectors, a
bankruptcy attorney can certainly be of help to you.
No one wants to file for bankruptcy but it's often the
smartest choice we can make.
Lawsuits, Judgements and
Garnishments
Filling bankruptcy will stop creditors from suing
you to collect their debts, stop the effect of any
judgments against you, and stop executions or
garnishments against your wages and bank accounts.
This automatic stay on collections will even apply to
child support arrearage, to IRS, and to state and
federal government, for a period of time. The
bankruptcy automatic stay is effective immediately
upon your filing bankruptcy. While the automatic stay
in some cases, particularly with past due child
support and taxes, may not eliminate the debt, and
particularly in chapter 13 bankruptcy, will give you
an opportunity to restructure the debt in accord with
you your ability to pay. Since each person's situation
is different, you need the assistance of an
experienced bankruptcy professional who can quickly
and effectively assist you with determining what your
options may be, and how to put those options into
effect. No one wants to file bankruptcy, but in many
instances, it is the only means to protect you and
your family from the devastating effect of lawsuits,
judgments and garnishments on your earnings and bank
accounts.
Repossessions and
Foreclosures
A frequent concern of debtors is the threat or
actual repossession of your vehicle or foreclosure on
your home. Many people wonder whether bankruptcy can
help them avoid repossession or foreclosure. No one
wants to lose property one has struggled to acquire
for future financial security, if that property can be
protected. A bankruptcy will stop the creditor from
foreclosing upon or repossessing your property and
will allow you a period of time to determine what
options you may have to bring your payments current,
to allow you to recover what equity you may have in
the property, and to protect you from any excess debt
if the property is eventually returned to the
creditor. However, if bankruptcy is to be used to
protect your property in this manner, it must be filed
before the actual repossession or foreclosure takes
place. A bankruptcy filed after the creditor has
actually repossessed or foreclosed upon the property
will probably have only limited effect, at best. If
you are facing a repossession or foreclosure, you
should consider consulting a bankruptcy professional
as to its effect and your options.
Drugs
Possession of a Controlled
Substance
When you're in legal trouble, you need the advice
of a lawyer who know the criminal justice system. This
gives him or her the edge on knowing what is likely to
happen in your case and how to prepare the best
defense. Some substances have been listed by the
legislature as being controlled substances. In law,
they are described as controlled substance in that
they are unlawful to have without a medical
prescription and maybe not even then. These include
most medicines and all street drugs, marijuana,
cocaine, heroine and speed, just to name a few.
Possession of any usable quantity of these substances,
no matter how small, can bring a jail term from six
months to life depending on how the legislature has
classified them as to their degree of danger. Small
quantities of marijuana are viewed less seriously than
large quantities of cocaine. Since most illegal
substances are found only after a search, there's
usually a question of whether the proper legal
procedure was followed in conducting the search. Are
you in legal trouble? You owe it to yourself to find
an attorney who really knows the law.
Estate Planning, Wills & Trusts
What is a Will?
A will is an official document
stating what you want to have done with your
belongings and estate when you die. It is usually
advisable to have an attorney write your will to be
sure that all your estate is accounted for and that
all the necessary instructions are given. You are
virtually free to give your estate to anyone you wish,
or divide among any number of people. You will,
however, want to make a few specific directions in
your will. For example: if you have minor children,
you will want to appoint a guardian to take care of
them should both parents die. You will also want to be
sure that all property, assets or cash are accounted
for in your will. This will help prevent anyone from
contesting the will. You will also need to name an
executor or executrix who will oversee he reading of
the will and awarding of the estate to list
beneficiaries. You may wish to change your will from
time to time throughout your life, especially when a
baby is born, you divorce or remarry, or your spouse
dies. If you die without making the provisions for
family changes, they will probably have a hard time
receiving the benefits that you possible would have
wanted them to receive. By working with your lawyer,
you can plan a will that will guarantee the benefits
of you estate to those you leave behind, and minimize
the confusion of your wishes.
What is a Living Trust
A trust can be created any time you wish to give a
person a certain amount of money, but wish to control
the way that money is given or used. In order to form
a trust, you need a trustor, the person creating the
trust and giving the money. A trustee is the person
who will hold the money, and a beneficiary, the person
the trust is designed to benefit. The most commonly
used form of trust is for minor children. For example:
if you leave a child money in your will, that money
will probably go into a trust until the child reaches
18 years of age. Or, instead, you can create a trust
in your will and set certain terms and conditions such
as having the money given to the child at 21 years of
age, or set aside to be used for education. Trusts can
also be set up for people who are not capable of
making the decision on how to use their own money,
such as a handicapped person. Another bonus of the
trust is the tax shelter they provide. For example: if
you simply decide that your spouse will receive all of
your estate upon your death, your estate is open for a
variety of taxes. However, if you leave your estate to
your spouse in the form of a certain type of trust,
the government is limited to what is taxable, but your
spouse will still enjoy the benefits from the full
amount of the estate. If you have any questions about
setting up a trust, or the way a trust can benefit
you, contact your attorney for the answers you need.
When is a Guardianship Necessary
When a person needs help in managing their affairs
or protecting their legal rights, a guardian may be
appointed for them either at their request or by a
court acting in their interest. The guardian has
specific duties and the court may require a monetary
bond be given to protect against any improper actions
by the guardian. Generally, a guardian does what the
name implies, guards against financial loss or injury,
protecting the estate. A guardian may also be
appointed with specific duties and rights to take care
of, and decide matters concerning the physical needs
of a minor or an adult who has been found to lack the
ability to adequately take care of, or provide for
their own physical needs.
What To Do When a Loved One Dies -
Probate
When your spouse dies, you will need to settle the
estate. If your spouse dies without a will, then you
will need to file an administration to transfer assets
over to your name. You will need to contact an
attorney to transfer title to home, stock holdings, or
real estate in the event of your spouse's death. If
your spouse had a will at the time of death, then the
procedure is easier and less expensive. You will need
to contact an attorney to have yourself appointed as
the executor or executrix under the estate.
Wills and Taxes
Simple wills can be relatively inexpensive to
prepare and can often be done after a brief meeting
with an attorney. More complex or larger estates may
require more complex wills with trusts and more
effort, thought and time. It's especially important
you have a will if you have a minor child, or if you
own real estate. Your estate, that is the assets which
are property that you leave at the time of your death
may be subject to a state tax. In order to plan how
your assets are distributed, it is important that you
have a will at the time of your death. A reason for
properly planning your estate is that the property you
leave to your loved ones may have to be sold in order
to pay tax liabilities. Tax planning may be an
important part of your will and overall financial
planning should be considered in your will. You should
contact a tax advisor to advise you in planning your
tax estate.
Business and Estate
Planning
Business planning arranges a business with certain
purposes in mind. Business planning includes selecting
from various techniques that are suited to the owner
of the business. Beginning with the selection of the
business entity, whether it be corporate, partnership,
trust or another type of entity, or the information,
organization, or operation of the entity, certain
techniques using stock, employment or employee
incentives to take advantage of special tax breaks or
provide other benefit. Whatever the state of the
business's development from formation to liquidation,
and everything in between, your business success may
be enhanced by competent professionals, skilled and
knowledgeable in corporate business and tax law, and
proficient in the techniques for accomplishing the
business owner's objectives. The objectives by which
you plan your business and your estate go hand in
hand, and are often considered together.
Family Law
Facts About Divorce
Divorce is a formal court proceeding in which a
marriage is ended. A marriage can only be ended by
divorce or annulment. State law governs divorce and
other family law matters, and a state can only grant a
divorce to its own residents; persons who have lived
in the state for a required amount of time, usually
six months. Traditionally, to be granted a divorce,
you had to have grounds, or compelling reasons for the
divorce, such as proof of adultery, abandonment, cruel
and inhuman treatment, or living separate and apart
for a required amount of time. But in most states, the
trend is toward granting a divorce without a showing
of fault by either spouse. Those no-fault grounds are
the traditional grounds. A few states also provide for
mutual consent decrees, wherein both parties agree
they can each file an affidavit, a written statement
signed under oath, showing mutual consent to the
divorce. As you can see, divorce laws vary widely from
state to state, so it's important to see an attorney.
Don't try to get a divorce on your own, especially if
marital property has been acquired. These legal tips
are not to be used as a substitute for the advice of
an attorney.
What Am I Entitled to in a
Divorce
During a divorce, a major concern of both the
husband and wife is, what am I entitled to? In most
states, depending on their laws, each spouse is
entitled to either an equitable or fair share of an
equal share of the marital property, which in most
states is property acquired by either spouse during
the marriage, regardless of who holds title to it.
This marital property can include life insurance
policies, including their cash value, pensions, IRA
plans, real estate and home furnishings acquired
during marriage, bank accounts, stocks, and in most
cases, professional licenses and degrees. The husband
and in some cases, the wife is also required to pay
for the support of the other spouse and children; and
if the parties cannot agree, the court will set the
amount for these payments -- formally called alimony.
Some of the factors the court considers in determining
the amounts are the income and property of each spouse
are the duration of the marriage, the present and
future ability of the spouse seeking support to be
self-sufficient, and the contributions often the
spouse as a wage earner or homemaker. An ex-spouse is
also entitled to receive a share of insurance
benefits, and sometimes attorney fees can also be
recovered. Remember, divorce laws are complicated and
they vary widely from state to state, so it is
important for you to see an attorney.
Annulment
When people think of ending a marriage, the first
method that comes to mind is divorce. However,
annulments are an alternative. Unlike divorce, which
legally dissolves a marriage, an annulment is a legal
statement saying the marriage never existed in the
eyes of the law. This is important because to some
people, it doesn't carry the stigma of divorce, and in
some religions, it is easier to remarry after an
annulment. For an annulment to be granted, both
parties must be legally incapable of entering into a
valid marriage; in other words, if the marriage cannot
be consummated, if one or both parties are minors,
legally insane, or if the marriage occurred under
duress. Most annulments are obtained on fraud grounds
when deliberately concealed facts exist such as
concealment of a prior marriage, inability or
unwillingness to have children, a serious criminal
record or a serious illness. An annulment, like
divorce, is easier when both parties agree, but the
spouse's cooperation is not required. And while an
annulment is normally less complex than a divorce, you
should still seek separate legal counsel.
How Do I Obtain Child Support
When a divorce occurs, there may be some form of
support that one spouse will have to pay to the other
spouse. The two main forms of support are alimony or
spousal support and child support. Alimony is usually
paid from the spouse who earned the majority of the
couple's money. These payments are designed to help
the spouse meet the living expenses and provide them
with an opportunity to seek employment or attend a job
training series or college. If the spouse receiving
support remarries, the alimony payments are stopped.
Child support is paid from one spouse to the spouse
who has custody of the children. These payments are
designed to help provide for the children and are
usually made in monthly installments. Both alimony and
child support payments are usually ordered by a judge,
and failure to make these payments may be met with a
lawsuit or even criminal prosecution. If you have
questions concerning support after a divorce, consult
your attorney for further information.
Child Custody and Visitation Rights
As divorces in the United States increase, more and
more children are affected by custody disputes. All
too often, the children become victims of divorce.
Psychological, physical and legal problems arising
from these fiercest battles are causing such harm to
children that many courts have come to recognize that
children too have rights in divorce and custody
proceedings. The law now generally states that a judge
must make determinations of custody according to the
child's best interest and overall welfare. In
principle, custody awards are not aimed at either
rewarding or punishing the parents. Many factors are
considered in determining the best situation for the
child, including the stability of the home, the amount
of care and affection demonstrated by each parent,
financial capability of each parent to support the
child, and whether or not the child will be forced to
relocate or suffer other disruptive damages. As you
can see, what constitutes a child's best interest
depends on the facts and circumstances of each
particular case, and the laws vary from state to
state.
Child Custody
As divorces in the United States increase, more and
more children are affected by custody disputes. All
too often the children become victims of divorce.
Psychological, physical and legal problems arising
from these battles are causing such harm to children
that many courts have come to recognize that children
too have rights in divorce and custody proceedings.
The law now generally states that a court must make
determinations of custody according to the child's
best interest and overall welfare. In principle,
custody awards are not aimed at either rewarding or
punishing the parents. Many factors are considered in
determining the best situation for the child including
the stability of the home, the amount of care and
affection demonstrated by each parent, financial
capability of each parent to support the child, and
whether or not the child has adjusted for a home
environment. Joint custody, a legal status which
allows for both parents to share equally in major
decisions concerning the children, is presumed to be
in the child's best interest unless the court finds
under the statutory standards, that it is not the
child's best interest. Ordinarily, although the
parties can and do maintain joint legal custody, one
parent is usually determined to be the residential or
primary custodian. The non-custodial parent is
entitled to reasonable visitation rights unless
visitation would seriously endanger the child's
physical, mental, morale, or emotional health.
Visitation should suit the child's best interest and
not the parent's best interest. Should you have any
questions about child custody pursuant to a divorce,
consult your attorney for further information.
Maintenance
Maintenance is a support obligation rather than a
debt of one spouse to another. It's available in
actions for divorce and legal separation. Maintenance
is not considered to be part of the property
distribution. Rather, it is awarded after the
assignment of property has been made. If an award of
maintenance is appropriate, that award would terminate
upon remarriage of the spouse. The spouse seeking
maintenance must meet both of the following
requirements:
1. Lack of sufficient property. The spouse seeking
maintenance must lack sufficient property to provide
for his or her reasonable needs.
2. The spouse seeking maintenance must be unable to
support themselves through employment or must have
custody of a child whose condition is such that the
spouse should remain at home. The general factors to
consider when awarding maintenance include the marital
standard of living, the duration of the marriage, the
age and condition -- both physical and emotional, of
the party seeking maintenance. In addition, the court
should consider the following: 1. The financial
resources of the party seeking maintenance.
3. The time required for re-education or
training.
4. The ability of the maintaining spouse to pay.
The court in its discretion, may give the spouse
receiving support, an incentive to procure job skills
by awarding rehabilitative maintenance.
This is to be balanced with a realistic appraisal
of the probability of the spouse actually being able
to get a better job on the basis of those newly
acquired skills. The right to maintenance continues as
long as the need exists. Maintenance is purely
discretional by the court, and therefore any request
for maintenance must be analyzed on a case by case
basis.
Disposition of
Property
In a preceding for dissolution of marriage or legal
separation, disposition of property can be a major
issue. In these cases, the court has broad authority
to dispose of property equitably. Property belonging
to either or both of the parties may be apportioned
between them equitably no matter when or how acquired,
and no matter how title is held. The court may not
consider marital misconduct in its determination. Some
of the major factors considered by the courts in
determining a disposition of property include:
* The duration of the marriage
* Prior marriages of either spouse
* Antenuptial agreements
* Age, health and station of each spouse
* Occupation and the amount and sources of
income
* Vocational skills and employability, and
* Contributions as homemaker.
The court has far reaching discretion in disposing
of property. In the final analysis, the court will
view each dissolution or legal separation under its
own set of circumstances. Therefore, it is important
to seek our the advice of an attorney. Do not try to
get a divorce or dissolution of marriage on your own
-- especially if marital property has been acquired.
These tips are not to be used as a substitute for the
advice of an attorney.
Child Support
The court may order either or both of the parents
to pay any reasonable sum for the child's support. The
court will consider the following factors in
determining child support: The financial resources of
the child, and/or the custodial parent. The standard
living that the child would have enjoyed without the
dissolution of marriage. The physical and emotional
condition of the child, as well as his or her
educational and medical needs. The financial resources
and needs of the noncustodial parent. The age of the
child, and the cost of day care. And, the custodial
arrangements and needs of any other person whom the
parent is obligated to support. The amount of child
support is determined by the Uniform Child Support
Guidelines adopted by the Department of Social and
Rehabilitative Services. Provisions for child support
terminate upon the child's emancipation, usually age
18, or graduation from high school, if currently
enrolled -- whichever is later. In no event is child
support terminated later than the child's 19th
birthday unless the termination date is extended or
knowingly waived by written agreement or by expressed
provision in the decree. If you have any questions
concerning support after a dissolution of marriage,
consult your attorney for further information.
Felonies and Misdemeanors
General
You are entitled to an attorney at every stage of a
criminal prosecution. The right to an attorney is
available even if you are not charged with a crime. Do
not proceed to questioning or a lineup without proper
representation. We aggressively represent our clients
at every stage of the criminal process. If we are
involved early in the process, we can prevent innocent
persons from being charged with crime and we can
prevent persons involved from being overcharged. Your
life and liberty are at stake. Remember, you need an
attorney if the police are involved. Call to find out
what experienced criminal defense attorney can do for
you.
Drunk Driving and Traffic License
Restoration
Police agencies and the courts are becoming
increasingly tougher on drunk driving and repeat
traffic offenders. Even a few points on your driving
record can mean hundreds of dollars in increased
insurance premiums for yeas to come. Every traffic
violation should be challenged. You need expert
aggressive representation at the earliest possible
stage. We can keep you from losing your license or
going to jail. Even if you are a repeat offender, we
can help you achieve the best possible resolution. If
your license has been suspended or revoked, we may be
able to restore your privileges.
Expungement
Don't let one mistake keep you from landing that
good job or keep you from that next promotion.
Felonies and misdemeanors can be legally expunged from
your record. Learn how you may be able to legally
regain a clean record.
Criminal Appeals
Experienced and aggressive appellate representation
may be able to get you a new trial or to get a
conviction overturned. Time lines are tight, so the
sooner you start, the more advantageous the chances.
Even if your appeal was denied, you may still be able
to get relief from a conviction. Not all attorneys are
experienced with appeals. Call now to hear from an
expert.
Criminal Law
Generally, a police officer will arrest you if he
or she sees you commit, or try to commit a crime. An
officer can also arrest you if a felony or certain
types of misdemeanors have been committed, and he has
a reason to believe that you did it, even though he
was not actually present. And it is a crime to resist
an officer who legally arrests you. If you are
arrested, your best protection is to know your legal
rights. First, if the police intend to question you,
they must inform you of these legal rights at the time
of your arrest, such as your right to remain silent,
your right to an attorney, even if you can't afford
one, and your right to have an attorney present during
your questioning. However, in cases involving public
safety considerations, the reading of your rights may
be waived. The police must also give you the
opportunity to call a friend, relative, or attorney.
Remember, you have the right to an attorney and you do
not have to say anything until you have consulted with
one. You also have the right to know the charges
against you and the right to a prompt hearing. And if
you are held for trial, you have the right to have a
reasonable bail set except for certain major crimes,
or at the discretion of the court. But most
importantly, if you are arrested, consult an
experienced criminal lawyer immediately to ensure that
your legal rights will be protected. Are you in legal
trouble? You owe it to yourself to find an attorney
who really knows the law.
Bail Bonds
If you've been arrested, normally you won't have to
stay in jail while you are waiting to appear in court.
You may obtain your freedom by putting up bail with
guarantee that you will show up in court at the proper
time. You may even be relieved without bail if you can
prove you are reliable citizen with a good standing in
the community. If you are a first offender, you will
usually be released on bail unless you are charged
with a serious felony, or if the court feels that you
pose a threat to another person. Repeat offenders who
have committed crimes while on probation or out on
parole, are often denied bail. Under the Constitution,
the amount of bail cannot be excessive in arbitrary.
And the court considers many factors in setting the
amount of bail, including circumstances of the arrest,
the severity of the crime and its penalty, the weight
of the evidence, the likelihood of flight and prior
record, and general character of the accused. You will
usually have to pay about ten percent of the bail to a
bail bondsman who puts up the full amount for you.
And, if you fail to appear in court or jump bail, this
money is forfeited and you are then subject to
re-arrest and a more sever sentence if convicted.
Remember, if you are arrested, consult an experienced
criminal lawyer immediately. He or she will advise you
on the bail procedures. Are you in legal trouble? You
owe it to yourself to find an attorney who really
knows the law.
Bad Checks
If a person writes a check with the intention of
obtaining property from another person, knowing that
the person does not have sufficient funds in their
account, they can be charged with theft by check. For
example, if you go to a grocery store or to a
department store, and purchase groceries or purchase
clothes at the department store, and write a check for
the goods and you receive the goods, then you can be
charged with theft by check if you know that you do
not have money in your account. The business
establishment that accepts your check may write a
letter to you, certified or registered mail, demanding
that you pick up the bad check and if you fail to pick
up the check then there's a presumption in the law
that you intended to deceive the person that you wrote
the check to for goods or services. Please note that
refusing to pick up your certified mail does not
relieve you from the legal obligation. There is a
presumption that the notice that was mailed was
received. The punishment for issuing a bad check is
determined by the amount of money that the check is
written for. Are you in legal trouble? You owe it to
yourself to find an attorney who really knows the law.
White Collar Crime/Federal
Investigations
White collar crime - sometimes referred to as
economic crimes or business crimes, may be
investigated by any of a large number of law
enforcement agencies, including the Federal Bureau of
Investigation, the International Revenue Service
Criminal Investigation Division, the United States
Customs Enforcement Office, the Bureau of Alcohol,
Tobacco and Firearms, the United States Postal
Inspectors Office, the Drug Enforcement
Administration, and numerous federal agencies with
their own investigative section, the Securities &
Exchange Commission, the Tax Securities Board, and
many other investigative arms of various governmental
agencies, both state and federal. Typically, there is
substantial investigation conducted long before any
criminal charges are brought. During the investigation
stage, there is sometimes a great deal that can be
done to ensure that the individual's rights are
protected and that there is not a misunderstanding of
the facts resulting in erroneous conclusions that
crimes have been committed. There are a large number
of investigative techniques utilized by various
agencies, including grand jury subpoenas, or testimony
and/or documents, and other methods for obtaining
records and information. There are many directions
such investigations may take, including forfeiture of
assets, administration and civil penalties, and of
course criminal charges. At the first indication that
there is some type of investigation in progress, it
may be a good idea to contact a knowledgeable attorney
to evaluate the situation as to the scope and nature
of the investigation, and the advisability of taking
steps during the course of the investigation. Are you
in legal trouble? You owe it to yourself to find an
attorney who really knows the law.
Fraud/Forgery
Fraud/Forgery
When you're in legal trouble, you need the advice
of a lawyer who know the criminal justice system. This
gives him or her the edge on knowing what is likely to
happen in your case and how to prepare the best
defense. The fraud chapter includes forgery, credit
card abuse and other deceptive practices. Forgery
involves altering, making, completing, executing or
authenticating any writing so that it proportes to be
the act of another who did not authorize that act. The
most common forgery offenses involving a person's
signing or passing someone else's checks or credit
card without the other person's permission. All fraud
and forgery offenses are crimes of morale turpitude
and most are felonies. A conviction for any fraud or
forgery offense can be very harmful to a person who
holds certain types of licenses, security clearances,
is seeking employment, has a job handling money or
desires to have a clean record. Fortunately, there are
certain legal avenues available to keep fraud and
forgery cases off a person's record in certain
circumstances. If you have been charged with fraud or
a forgery offense, you should contact an attorney
immediately. Are you in legal trouble? You owe it to
yourself to find an attorney who really knows the law.
Guardianship
When is a Guardianship
Necessary
When a person needs help in managing their affairs,
or in protecting their legal rights, a guardian may be
appointed for them by the court, either at their own
request, or at the request on an interested party with
notice to family members. The guardian has specific
duties, and the court may require a surety bond to
guarantee the safety of funds and to protect against
any improper acts by the guardian. Generally, a
guardian does what the name implies -- guards against
financial loss or injury. A guardian may also be
appointed with specific duties and rights to take care
of, and to decide matters concerning the physical
needs and care of a minor or an adult who has been
found to lack the ability to adequately take of, or
provide for their own physical needs. A guardianship,
overseen by the court is ordinarily a safer procedure
for all parties than a mere Power of Attorney. An
exception to that, however, is the use of a Power of
Attorney between long time spouses where mere
assistance rather than protection is required. As in
the case with wills, this is not a decision to be made
without experienced and competent advice.
Occupational
Injuries at Work
If you sustain an injury while on the job, you are
entitled to Worker's Compensation benefits. If your
employer does not have Worker's Compensation insurance
and you are injured while on the job, you may still
have a case. Always report the accident to your
employer as soon as possible. If injured at work,
please keep in mind the following: 1. Make sure your
employer knows about the injury. For example, if you
hurt your back, then tell your employer. Whatever the
injury, report it to your employer. 2. Immediately
seek medical help if the injury is serious enough to
require it. If in doubt, seek medical help. Notify
your company immediately of such treatment or the need
for such treatment as it will be necessary for your
employer's insurance company to approve or authorize
all future treatment. 3. Consult an experienced
worker's compensation attorney concerning your rights.
The only way to fully protect yourself is to have your
own attorney. Do not worry about making the boss mad.
Under most circumstances, filing a worker's
compensation claim is a claim against your employer's
insurance company. The law prohibits your employer
from firing or retaliating against you if you file a
claim or hire an attorney. 4. Injuries at work may
also include heart attacks and strokes and
occupational illnesses. 5. Attorney services are
necessary at the early stage of a serious claim. The
right to benefits as well as the amount of benefits
are frequently determined by how your claim is handled
at its earliest stages. 6. Initial consultations with
lawyers are usually free. Attorneys fees are generally
set by the Court at the end of the case based upon the
amount recovered.
Protecting Yourself in a
Work-related Accident
The Worker's Compensation Law is designed to afford
maximum protection to any employee's accidental
injuries and occupational illnesses suffered in the
course of his or her employment. You need to make sure
that you take all the necessary steps tp protect
yourself so that you will be able to collect the
maximum allowed under the Worker's Compensation Law.
Make sure that your employer is immediately notified
of your injury. Do not ever attempt to hide an injury.
Seek medical help immediately. If you fail to report
an injury, it may hamper later efforts to collect what
you are entitled to. As soon as possible, seek the
advice of an attorney who is experienced in handling
Worker's Compensation claims. A serious job related
injury or illness should be handled for you by an
attorney.
Claims Against Your Insurance
Company or Employer
The Worker's Compensation Law is designed to
protect you. However, in order to take advantage of
the law, you must protect your rights. If you have a
work related claim, then seek legal advice from an
attorney quickly. Do not rely on the advice of the
employer's insurance company or your employer's
attorney. Make sure you have your own attorney who has
your best interest in mind. You want someone who is
going to bat for you and not someone who is paid by
the insurance company or your employer. Important time
limitations must be met and procedures followed in
order to successfully receive Worker's Compensation.
Benefits are highly variable and depend upon many
legal, medical, and vocational factors. If you have a
disabling injury or permanent disability to some
degree, do not be afraid of enforcing your legal
rights. Do not let anyone except your own attorney
explain to you your legal rights. Protect yourself.
Determining the Value of Your
Worker's Compensation Claim
The value of a work related claim is governed by
Statutes and court interpretation. For instance, the
Statute will tell you the minimum you are allowed to
recover in the event you lose a finger or some part
thereof. However, do not let anyone tell you what your
injury is worth except your own attorney along with
your own doctor. The medical testimony is all
important. If the employer's insurance company doctor
is doing the evaluation, then that doctor is going to
be quite conservative in estimating the extent of your
injury. Make sure you have your own doctor and an
attorney. Do not be fooled by someone else's
interpretation of the Worker's Compensation Law. Get
your own doctor and your own attorney. Protect your
rights.
Work-related Wrongful Death
One of the problems with the Worker's Compensation
Law is that benefits are too limited in many
instances. Certainly, the death of a worker is such a
case. Under Worker's Compensation, the family may be
entitled to substantial benefits. It is important for
the family to have their own attorney to insure that
maximum recovery is achieved. It is also highly
important that other avenues are explored. Perhaps,
another person was involved in the accident who is not
covered by the Worker's Compensation laws. In such
cases, there may be the potential of recovery from
that person in excess of what the Compensation Act
permits. To protect your family, make sure you seek an
experienced attorney in work related wrongful death
accidents or any accident case.
General Partnerships
General Partnerships
When two or more persons enter into an agreement
pertaining to conducting business, they would have a
general partnership. A partnership is different than a
corporation in that partners are held individually
responsible for their actions and can be held
responsible for the conduct of the other partner. A
General Partner as opposed to a Limited Partner will
be the managing partner for the business. The larger
your business, and the more money that is involved,
one should consider consulting an attorney to draft up
a partnership agreement. Remember, you can be held
responsible for the conduct and activity of your
partner, and therefore, one should choose a partner
carefully in conducting business transactions.
Consideration should also be made whether to
incorporate one's business as opposed to operating
under a partnership agreement.
Limited Partnerships
A Limited Partnership is usually an investor who
invests a sum of money for a percentage of ownership
in the partnership. Limited partners generally are not
responsible for the day-to-day management of business.
A limited partner, though can be held responsible for
the activity within the partnership depending upon the
agreement. The responsibilities of a limited partner
will be determined by the written document which the
partner executes at the formation of the partnership
agreement.
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