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How to search for a Austin DWI lawyer

2011-10-30T05:18:00.001-07:00

You are detained. It is not known whether for a long time. Not very clear, what for. Require a Austin DWI lawyer you can from the first minute, but it is unlikely that you listen to. Three hours, most likely, it is necessary to suffer.

But after three hours of detention employees of Austin DWI lawyer enforcement bodies are obliged either to let you go, or to prepare a document on the detention and start to prepare materials for excitation of criminal case. If at this moment does not provide absolutely no Austin DWI lawyer – it’s time to act independently.

Phone to this point usually still remains at the man – take it later. And in this phone are always there are emergency call 112. It is necessary simply to inform about himself: “I, as the (NAME), in such a place detained. I did not commit. I refuse to grant the lawyer”. If it succeeds, subsequently recording of this talk will be an additional argument for your future lawyer: no measures were taken to provide you with legitimate legal protection.

New models of mobile phones contain an interesting feature – the message about the location of the selected recipients. Simply press the button and call – and you can be sure that you want to subscribers (relatives, friends, lawyer) will receive the message “Help me!” and the coordinates, where there was sending of the message. After binding reference to the terrain is always possible to determine location of the person. Quite simply warn the circle of persons, that at reception of this message, they must find you – you are in a difficult situation, you need help.

If you are not allowed to call, you should act as follows. You somehow will offer to give some explanations and sign the corresponding protocol. Even if you refuse from giving any explanations on the basis of article 51 of the it is necessary to write as on the protocol and on any other document, which they will give you a sign: “I Ask you to give the lawyer”. If there is his telephone number, and write the number on which you want to call.

What can be done by employees of law enforcement bodies? May asked to rewrite the document – insist on the. Can write, that you refused to sign the document. But, most likely, your requirements will be met normally.

If the employees of law enforcement bodies will provide you with a lawyer, he, most likely, will be quite closely with them is connected. And if people are not interested in that you really protect, all of his duties will be executed so formally, as far as possible. So, the good, all the same it is necessary somehow to prepare. As you know by heart phones of emergency services such as 01, so you should know or at least have in your notebook any phone number – not necessarily even a lawyer, but at least a man who is able very quickly to find it.

How to choose a good Austin DWI lawyer?

2011-10-30T05:17:00.002-07:00

A very large number of civil disputes arose in the 1990s.when we received wide dissemination of relations of the property. In turn, serious inconsistencies of the Civil and Criminal codes, in force underdeveloped legislative base, have created a situation, when the please on the bench of the accused on a criminal charge has become extremely easy. All the negative factors, such as corruption, poverty, social tensions, unemployment, etc., have a place to be in our everyday life and it does not help to reduce the number of prisoners. Everywhere, the following rule applies – if You were not at that time and not in that place, You can become the accused, therefore in the conditions of Russian reality has the following principle: “salvation of the drowning – a handwork rolling”.

In the court there is a fight where You are playing against people who know the law, and You will most often not. And if You want to win or it can be to lose at a minimum, You should be or to study the laws of, or invite a professional lawyer. As it is not sad, very many Austin DWI lawyer in USA incompetent, often did not taking on the case, but at the same time, requiring large amounts of money for their services. Also them in their advocacy is that the citizens do not have enough knowledge to distinguish a good lawyer from bad.

Legal activity today is very widely represented in the market of legal services in Moscow, and almost every Austin DWI lawyer claims that he is the best. You, in turn, should be to choose a qualified and decent Austin DWI lawyer who will be able to win Your business.

This article presents the main criteria for choice of a good lawyer. When choosing a Austin DWI lawyer, all lawyers, falling under the bad criteria, it is better to weed out, then the result will be a good lawyer, who will protect Your interests in court.

1. The Austin DWI lawyer recommends that the investigator or investigator

In practice there were a couple of times, when investigators advised prisoners on remand lawyers, who were really good and managed to discourage the most part of charges. Clients were satisfied with lawyers, considering that those made simply impossible, and therefore the investigators they were sincerely grateful.

But much more often the lawyer, which advises the investigator, will be convenient to him, and not to You. If the lawyer offers an investigator, then he is sure, that the defender did not bring him the problems and inconveniences. Moreover, does not exclude the possibility that such counsel will work actually on an investigator for Your money. Often such lawyers persuade their clients charges agree with the article, not to write a complaint, acting to the detriment of their interests.
2. Austin DWI lawyer, representative office of which is located in the court building

Usually such lawyer is well aware of judges and prosecutors, has access to all classrooms court and may informally to agree on reducing the term of punishment or the redirection of the accusation in another article. In a civil case such counsel may пролоббировть your interest. But, on the other hand, this lawyer values profitable place, so it will not create difficulties for the judge. Therefore it is not necessary to wait for a strong zeal to protect the interests of the client. If the judge or public prosecutor will not go amicably at the time, the lawyer will prefer to accept them.
3. Free Austin DWI lawyer who works on the appointment of an investigator or court

Also in the practice of repeatedly found that the free lawyer did everything to justify the client, but in general, count on it not worth it. According to the law any person has the right to a free lawyer. But there are a few unpleasant moments:
1. Almost always such counsel has low qualification or recently graduated from the institute and had no practice.
2. Paid by such counsel is rather low, therefore, the zeal of special does not show.
3. To quarrel with the investigator that attorney will not delve into it too, so often supports the interests of not so much the client, as the investigator, the emphasis is not noticing violations and urging the defendant agree with all of that said the investigator.
4. The most interesting is that not so, he and a freeAustin DWI lawyer. Almost nobody knows, that in case You lose, the court may impose costs on Your protection on You. A lawyer paid from the state budget, and then these losses need to compensate. Completely free lawyer is only in two cases, if You are from it officially refused, and You still have been appointed or with You is just nothing to take.
4. Austin DWI lawyer specialized

Better not take a lawyer, who is over all cases in a row. The area of the law is quite large and you can know either very well narrow area or superficially very broad. Laws almost every day enhanced and modified, there are regulations, orders, instructions, letters, instructions. You have to continually keep the hand on the pulse. Therefore, check on what codes and legal issues specializes Austin DWI lawyer.
5. The well-known lawyer and a good lawyer

Lawyer-star – still does not mean that he is good. Most likely, in the past, he led business, which attracted the attention of the MEDIA and the public, and therefore became recognizable. Famous lawyer can be a positive factor in attracting the attention of the public and mass MEDIA, as well as negative mood court against a lawyer, too great expectations from the Austin DWI lawyer. What is important is not known lawyer, and then, as he carefully examine the case, how much time will be spent on defense. Sometimes known lawyers so much time spend on public events of that time to deal with Your case it is simply not there. Also, consider whether You have enough money to pay for this “star “?
6. Education in a prestigious university

In any place there are honours pupils and f-students. Therefore in itself a prestigious place of study does not mean anything. It is important, how many of attorney cases won, and for some items. Be oriented in the first place it is on this.
7. The ability to speak and write

Is tongue-tied a lawyer in court most likely will not find understanding. It is important and that, as a lawyer writes. Poorly written document is rather difficult to read, and if it still and grammatical and spelling errors, then the document may cause the negative attitude of judges to the illiterate a lawyer, and therefore to his client. The lawyer should be expressed correctly, it is clear, do not use profanity. Lawyer – Your – face in the court.
8. A guarantee of success

The worst option is to hire a lawyer, which was barely acquainted with business ensures a complete success. Of course, there are cases in which it is obvious that they are winning, but there is always the possibility of unexpected turn of events. This is especially true for criminal cases. There were a lot of cases, when the lawyer promised full justification or conditional sentences. But then he stopped doing anything, began to speak about the fact that the court has already made a decision, nothing can be done, etc., money at the same time he continued to take without hesitation, getting them actually not for protection work, but simply for the presence. At the court he could not be under the pretext of illness, so that the family.the defendant began to look for a new Austin DWI lawyer or simply sit out the proceedings without the slightest chance of influence on the fate of the defendant.
9. Understanding of the fact lawyer

The Austin DWI lawyer should Your business to understand. It is important that he listened carefully to You, ask clarifying questions, wrote down what seems to be important to him. If the lawyer dismisses the details – this is not the case. It is important that the Austin DWI lawyer was ready to explain any interesting You question in Your case. Educated and versed in the issue of persons in any case be able to explain to unknowing, what is the essence of the issue.
10. Payment of services of the lawyer

Unfortunately, the services of a good Austin DWI lawyer is good and cost. If You are able to pay for the services of a lawyer, then skimp it is not necessary, run the risk to lose a lot more. This applies to both criminal cases, as well as property disputes.

On the other hand, look for a Austin DWI lawyer in the same price category, which can afford and go at it from the price of the question. If the cause is just, then the lawyer can be taken with less experience and cheaper, but if the question is important, the auction may not be appropriate.

Not in vain here are all of the above mentioned criteria, so as a lawyer Goloveshkin And. V. comply with the criteria and, indeed, is an experienced, reliable and professional lawyer, who is able to win a case in court and adequately protect Your interests. In this You can be convinced, turning to him for help.

Sorting Out Major Changes to the Florida Probate Code and Corresponding Rules

2011-10-30T05:17:00.000-07:00

The Florida Supreme Court has acted quickly in response to the Florida Legislature's June 2011 amendments to Florida's Probate Code, which include some major departures from existing law. Because the Code amendments also became effective as soon as the Governor signed them -- even applying retroactively to pending cases -- the Court immediately adopted a fast-track proposal by the Probate Rules Committee.

Florida lawyers that represent clients in probate cases would be wise to become familiar with the amended Rules. To that end, here's a cheat sheet of the Code amendments and corresponding Probate Rule changes (as well as changes to the Rules that weren't prompted by legislative action).

Statutory Changes: Reformation.

The Code amendments allow two new types of petitions to reform a will.

The first and most drastic change, codified at Florida Statutes Section 732.615, allows for reformation of a will even if its language is unambiguous, where a petitioner proves through clear and convincing evidence that a provision was premised on a mistake of fact or law and is contrary to the intent of the testator. Check out Craig Dreyer's post on Clark Skatoff's Florida Probate, Trust & Estate Blog for a more detailed explanation of this amendment.

The second, codified at Florida Statutes Section 732.616, allows for modification of the terms of a will "to achieve the testator’s tax objectives" so long as doing so "is not contrary to the testator’s probable intent."

Corresponding Rule Changes: Adversary Proceeding Rules apply to reformation cases and cases involving pretermitted shares, but not to fee awards.

Rule 5.025 was amended to make all actions for reformation Adversary Proceedings to which Rule 5.025, and the Florida Rules of Civil Procedure, apply. Although there were no corresponding statutory changes, this Rule was also amended to require that actions regarding pretermitted shares will now be treated as Adversary Proceedings.

Rule 5.025(d)(2) was also amended to clarify that in all adversary proceedings, fee and cost awards are governed by the Probate Rules and decisions, not the Rules of Civil Procedure.

Statutory Changes: The Fiduciary Exception to the Attorney Client Privilege No Longer Applies.

In Florida, as elsewhere, the fiduciary exception to the attorney-client privilege had allowed beneficiaries of wills and trusts to obtain documents in discovery that reflected legal advice given to their fiduciaries. That is because any legal advice that a fiduciary obtains has traditionally been considered to have been obtained for the benefit of the persons for whom the person was acting as a fiduciary (e.g., the beneficiaries of a trust when a trustee obtained legal advice regarding administration of the trust.)

But the legislature overruled that common law exception in the newly created Florida Statutes Section 90.5021, which makes communications between an attorney and a fiduciary "privileged and protected from disclosure under s. 90.502 to the same extent as if the client were not acting as a fiduciary." At the same time, the legislature amended Florida Statutes Section 733.212(2)(b) to require that Notices of Adminstration include a statement informing beneficiaries that "that the fiduciary lawyer-client privilege in s. 90.5021 applies with respect to the personal representative and any attorney employed by the personal representative."

[Side note: Is it just me, or does giving this notice seem like a waste of ink? If the beneficiary has a lawyer, the lawyer should already know that the fiduciary exception has been abolished (especially if he/she reads this blog!) and if the beneficiary does not have a lawyer, how likely is he/she to even know that the fiduciary exception ever existed, much less to understand the implication of its abolishment?]

Corresponding Rule Change:

The only change resulting from these amendments to the Probate Code is a minor change to Rule 5.240, which implements the Notice of Administration requirements of Section 733.212. Rule 5.240(b)(2) was amended so that, consistent with the amendment to Section 733.212(2)(b), it now requires that Notices of Administration include a statement about the fiduciary's communications with counsel being privileged.

That should cover it. Note that the Rules amendments may be further revised based on comments submitted to the Court, which were not solicited prior to the changes becoming effective due to their fast track nature, but are being accepted until November 28, 2011. However, because the statutory amendments aren't going away, the corresponding Rules changes aren't likely to be revised much either.

Statutory changes of this magnitude, especially when made applicable to pending cases, usually result in more than a little confusion and much litigation over issues the legislature never even anticipated. We can look forward to some interesting probate litigation and a good deal of uncertainty, at least until the appellate courts sort out these amendments.

Assistance of counsel in arbitration proceedings-Austin DWI lawyer

2011-10-30T05:16:00.001-07:00

Assistance of counsel in arbitration proceedings. Protection of rights in court of arbitration. In relations between legal persons, individual businessmen and the state there is always a place disputes in the arbitration court.

Economic disputes and protection of the rights in the court of arbitration in recent years become the greatest interest from organizations and physical persons. And this is right, because in a time of severe economic tests is important to achieve the proper execution of the contract and execution of all obligations properly and in time. More and more companies submit the claim to arbitration and refer the resolution of disputes in the arbitration court to correct and normal practice in the implementation of their professional activity.

It is not necessary to be afraid, and all efforts to avoid participation in consideration of disputes in the arbitration court is a natural, foreseen by the law measure for the protection of rights in the court of arbitration of Your property and other interests. But, on the other hand, it is not necessary arbitration disputes underestimated: to participate in such proceedings without the help of a professional lawyer can cause loss and serious material losses.

The Lawyer Goloveshkin And. V. understands the importance of consideration of disputes in the arbitration court. Thus, starting from the receipt of the application, and provide consultations he carefully studies the materials of Your business, at once will tell You about the prospects of winning the case, from the point of view of the law will explain how are considered similar disputes in the arbitration court, including the protection of property rights in the court, as is the consideration of disputes in the arbitration court in similar situations and issues.

Disputes in the arbitration court are very diverse and multi-faceted. Here are just some of the questions, which are usually addressed in arbitration courts:

* alteration and termination of contracts;
* recognition of the transaction void;
* vindication of debt;
* reclamation of property from another’s illegal possession;
* corporate disputes, for example, a recognition void decisions of the general meeting etc.;
* compensation for недопоставке production or delivery of goods of improper quality;
* the protection of the business reputation;
* protection of intellectual property and copyright;
* protection of property rights in court
* recognition of bankruptcy;
* compensation of damage;
* a recognition void normative acts of state bodies;
* tax disputes etc.
* economic disputes arbitration;

Austin Misdemeanor Lawyers

2011-10-30T05:15:00.003-07:00

Also serving the Travis County cities of Bee Caves, Briarcliff, Creedmoor, Del Valle, Jonestown, Lago Vista, Lake Travis, Lakeway, Manchaca, Manor, McNeil, Oak Hill, Pflugerville, Spicewood, Sunset Valley, and West Lake Hills

Defending people against all kinds of criminal charges, including misdemeanors, has been the mission of Minton, Burton, Foster, & Collins, P.C., for the last four decades. Throughout Central Texas, including Williamson, Hays, Bastrop, Comal, Burnet, Caldwell and Travis counties, we have helped thousands of individuals solve their legal troubles. Our experience extends to felonies and misdemeanors alike. If you or someone you love is facing criminal charges for a misdemeanor offense, call us today at (512) 476-4873 or contact us through this online form.

Generally, a crime punishable by imprisonment of one year or more is considered a felony. People convicted of felonies are sentenced to state or federal prison. Certain felonies are punishable by death. In contrast, misdemeanors are less serious offenses such as shoplifting or trespassing. Misdemeanors are punishable by less than one year of imprisonment and those who are convicted may be sentenced to local, city or county jail.

In Texas, misdemeanors are categorized into three classes -- A, B and C.

Class A misdemeanors are punishable by up to one year in jail as well as a fine not to exceed $4,000. Under Texas law, Class A misdemeanors include assault causing bodily injury, second offenses of driving while intoxicated (DWI), and theft of property with a value of $500 to $1,500.

Class B misdemeanors are punishable by a fine of up to $2,000 and/or confinement in jail of up to six months (180 days). Examples of Class B misdemeanors are first offenses of driving while intoxicated (DWI), possession of less than two ounces of marijuana, and theft of property with a value of $50 to $500.

Class C misdemeanors do not include any jail time. Public intoxication, traffic offenses, minors in possession of alcohol, and disorderly conduct offenses are types of Class C misdemeanors.
Class A and Class B misdemeanors are heard in the County Courts-at-Law, while Class C misdemeanors are heard either in Municipal Court (if the offense allegedly occurred in the city limits) or in the Justice of the Peace courts (if the offense allegedly occurred outside the city limits). Penalties can also include probation and community service.

Having a misdemeanor conviction on your record is less serious than a felony conviction but it can still impact your future by affecting your ability to get everything from a job to a loan to a professional license. For example, many employers perform background checks and may not hire an applicant with a criminal background, and schools may reject applications from students with criminal records.

If you or someone you love is facing criminal charges for a misdemeanor offense, protect yourself by contacting Minton, Burton, Foster, & Collins, P.C. We are also available by phone at (512) 476-4873. Let our Board Certified Criminal Law Specialists put their experience to work for you. If you have already been convicted of a criminal offense, we may be able to assist you in expunging your criminal record. Don’t delay.

Austin Sex Offense Attorneys

2011-10-30T05:15:00.001-07:00

Few crimes carry the level of social stigma that is associated with sex offenses. Although those accused are legally innocent until proven otherwise, the sensitive nature of such allegations makes it especially challenging to mount a strong defense. Working with knowledgeable and experienced criminal attorneys is essential to protect the rights of anyone charged with a sex offense. That expertise is offered by the law firm of Minton, Burton, Foster, & Collins, P.C. We have 44 years of experience with criminal defense matters and four of our attorneys have been designated as Board Certified Criminal Law Specialists. Call us at (512) 476-4873 or contact us via email.

We represent clients in Austin, TX and the surrounding communities, including: Hays County (Buda, Dripping Springs, Kyle, San Marcos, Wimberley); Travis County (Creedmoor, Elroy, Manor, Pflugerville); Williamson County (Cedar Park, Georgetown, Liberty Hill, Florence, Leander, Round Rock, Taylor); Bastrop County (Bastrop, Clearview, Elgin, Rockne, Smithville); Comal County (Bulverde, Canyon Lake, Gruene, New Braunfels, Sattler, Startzville); Burnet County (Bertram, Burnet, Marble Falls); and Caldwell County (Lockhart, Luling).

Anyone charged with a sex crime faces the possibility of lengthy prison time and the label of "sex offender." In Texas, adult sex offenders are required to register anywhere from 10 years to life after they are discharged from state supervision. The length of required registration depends on the crime. For example, lifetime registration is required for offenses such as possession of child pornography, prohibited sexual conduct (incest), and sexual assault.

There is a wide variety of criminal offenses that are typically grouped under the category of sex offenses. They include:

Rape (including statutory rape and spousal rape)
Sexual abuse
Child molestation
Indecent exposure
Prostitution
Lewd conduct
Possession of child pornography
Internet sex crimes
Failure to register as a sex offender when required by law
These are all serious crimes. They are also some of the most emotionally charged. As with all legal matters, however, the outcome of the case should be based on facts, evidence, and the law.

At Minton, Burton, Foster, & Collins, P.C., we understand how to investigate allegations of sexual misconduct and that many people are wrongly accused of having committed sex offenses. We understand the law and how it applies to your situation. We do not lecture our clients or make moral judgments about the crimes involved. From an initial consultation at our offices or Travis County Jail to preliminary hearings to closing arguments in the courtroom, we look out for the best interests of our clients. Our attorneys are also skilled and experienced negotiators. When considering a plea bargain, we will work on your behalf to ensure the best possible outcome.

If you are charged with a sex offense, you are entitled to zealous representation by lawyers who understand the intricacies of your case. The attorneys of Minton, Burton, Foster, & Collins, P.C., will provide just that. With more than 40 years of experience in the courts of Travis, Williamson, Hays, and Bastrop Counties, we have what it takes to put together the best defense possible. We also serve individuals charged with sex offenses in Comal, Burnet, and Caldwell Counties. If you find yourself charged with a sex crime, let our expertise work for you. Protect your rights and contact us today to discuss your situation in complete confidence. We can be reached by phone at (512) 476-4873, by email at pminton@mbfc.com, or by filling out this form.

Austin Drug Offense Attorneys

2011-10-30T05:14:00.002-07:00

If you are facing drug charges, let our experience before state and federal judges and juries work for you. Contact us to schedule a confidential consultation to discuss the circumstances of your narcotics charges with one of our knowledgeable lawyers. You can reach us by phone at (512) 476-4873, by email at pminton@mbfc.com, or by filling out this form.

Drug-related crimes are the most frequently charged offenses in the state of Texas. The FBI reports that in 2007, drug abuse violations resulted in the arrest of 136,361 Texans. In fact, drug-related crimes are so numerous that special drug courts have been created in certain counties. For example, the Travis County Adult Drug Diversion Court was founded in 1993 and is designed to provide court-supervised treatment as an alternative to traditional criminal sanctions.

Understanding drug offenses can be quite difficult. The basic types of drug offenses, in increasing levels of punishment, are:

Simple possession,
Possession with intent to deliver,
Manufacturing, selling, or delivering,
Conspiracy to manufacture or sell, and
Continuing criminal enterprise (where at least five people collaborate to sell drugs in a business that generates considerable income).
All mind-altering drugs are categorized according to Schedules I to V, and it is a drug’s schedule that determines the severity of the offense and the appropriate punishment. The drugs in Schedule I are those that have no medical use and have a high potential for abuse. Schedule I includes marijuana, heroin, LSD, and Ecstasy. The drugs in Schedule II have some medical use (therefore, they require a prescription), but also have a high potential for abuse. Schedule II drugs include cocaine, methamphetamine, morphine, Oxycontin, and opium.

The drugs in Schedules III, IV and V have medical uses, with each schedule having a lower potential for abuse than the schedule before it. Schedule III drugs include Vicodin, anabolic steroids and codeine. Schedule IV includes tranquilizers and sedatives, while Schedule V includes drugs like cough medicines with codeine.

The attorneys of Minton, Burton, Foster, & Collins, P.C., defend many kinds of drug cases including charges of:

Possession
Distribution
Interstate and international trafficking
Cultivation and manufacturing
Maintaining a house where drugs are sold or kept
Illegal Internet narcotics sales
Illegal possession of prescription drugs
Money laundering
The penalties for drug offenses escalate depending on the nature and quantity of the drug at issue and the defendant's prior criminal record. Depending on the circumstances, these offenses can result in a broad range of potential criminal and administrative consequences, including probation, imprisonment, property forfeiture and court-ordered drug treatment counseling. Although drug charges can seem insignificant at first, they can transform into substantial legal problems with long-lasting and far-reaching consequences, affecting your family your finances and your freedom.

Do not take chances with your future. If you or someone you love has been charged with a drug-related crime, it is important to act fast and protect your rights by securing experienced legal representation. Early examination of the physical evidence may allow us to challenge its validity, thereby reducing or eliminating the charges. Additionally, there are many defenses that can be raised to drug charges such as insufficient evidence, having a valid prescription, and illegal search and seizure. Contact Minton, Burton, Foster, & Collins, P.C., by phone at (512) 476-4873, by email at pminton@mbfc.com, or by filling out this form.

Attorney for property disputes-your Austin DWI lawyer.

2011-10-30T05:14:00.000-07:00

Austin DWI lawyer for property disputes. The law does not specify the concept of “property dispute”. However, it is property disputes make the most of the cases, which are considered in courts of general jurisdiction.

This is easily explained by the fact, that the property relations are subject to the regulations of civil law. Accordingly, property disputes are disputes, which arise between the citizens and organizations about the proprietary rights. Austin DWI lawyer for you this property rights imply a:

* the right of ownership,
* the right of economic management,
* the right of operative management,
* the right of permanent perpetual use,
* right to lifetime inherited possession of a land plot.

Limited genuine right – this easement, the so-called right to someone else’s thing.

The most common property disputes are disputes on real estate:

* disputes on the recognition of the property right to the apartment,
* disputes on the grounds participation in the construction of an apartment house,
* disputes on acknowledgement of the right of ownership of the пристроенную part of the house,
* disputes on the recognition of the pre-emptive right to purchase the house and the transfer of rights and obligations of the buyer,
* disputes about the illegally constructed buildings.

However, it would be incorrect to assert that property disputes are disputes only on proprietary rights.

Why do you need a good Austin DWI lawyer?

2011-10-30T05:13:00.001-07:00

In this article I would like to draw Your attention to the fact, who is a Austin DWI lawyer and why it is needed. To the question who is a lawyer answer is simple enough. This is a man who has chosen his profession, his way of life – knowledge of the laws, protection and observance of the rights and legitimate interests of citizens. Not enough to get a legal education, the lawyer is a way of life. An advocate is a person, who is ready to come to You for help at any time of the day. The lawyer is an independent professional defender. But why need a lawyer – it is more a question to which, nevertheless, it is easy to answer.

Legal capacity of a person arises from the moment of birth and ends with death. Throughout life we constantly carry out duties and use rights. Sooner or later everyone in life there are situations that cannot be solved without qualified assistance, for example:

* You need to buy an apartment or rent premises and in order to protect themselves should be the juridical tracking of transaction, preparation (analysis) of the draft contract;
* it is necessary to make the marriage a contract or an agreement on the division of property in case of dissolution of the marriage;
* it is necessary to issue a divorce in court;
* You are involved in an ACCIDENT or You unreasonably accused of violating the Rules of road traffic;
* You illegally dismissed from work;
* You are accused of a crime;
* do not implement the decision of the court rendered in Your favor;
* You have inherited;
* You have disputes about inheritance;
* officials do not perform their duties and are closed from You wall of bureaucratic barriers.

This and much more is the subject of the activity of the Austin DWI lawyer. It is in such cases, the qualified legal assistance will help You to protect Your rights.

But critical situations, when Your rights are violated and urgent intervention is required lawyer can be avoided, if to consult with a Austin DWI lawyer as soon as You have a situation arises, the resolution of which You can’t deal or which causes concern, in most cases even oral consulting a lawyer will save You from possible trouble.

Everyone knows where to call in case of fire, in the event of an emergency, but rarely have recorded the number you want to call in the event or the threat of problems of legal character. Telephone a Austin DWI lawyer should always be at hand, as well as phones of emergency services.

But not only to the citizens need a Austin DWI lawyer. In the world of business, big or small, every day there are problems that require urgent intervention of a professional attorney, for example: tax inspection, the need for changes in the constituent documents, representation of interests of the organization in courts and the organs of authority. The easiest way to avoid such situations or to minimise their consequences – it is the availability of Your company’s agreement on legal support of Your business with a qualified lawyer who can carry out legal support of Your business activities at all stages, from creation to disposal. Whether Your business such an option and what are its advantages over the regular legal adviser of the company?

The Austin DWI lawyer on housing disputes.

2011-10-30T05:12:00.002-07:00

the assistance of a Austin DWI lawyer on housing , related to the real estate belong to the category of rather complex, take the right decision on which, without qualified assistance of Austin DWI lawyer and lawyers on housing issues, sometimes, it is not easy. It is not necessary to rely on its own forces: an experienced Austin DWI lawyer on housing issues will always be able to advise on any, arise in the course of business issues and to help with the collection of all necessary documents.

As is known, housing relations are diverse and are closely connected with the life of each person, and in some moments can become also a priority, in particular, when the question of divorce or inheritance. According to the Austin DWI lawyer, anyone whose rights and interests have been violated has the right to request recover them in a court of law. But, as practice shows, to resolve housing disputes is not as simple as it may appear at first glance. The law clearly spelled out, who has the right to file a statement of claim in court and on what grounds. Not all are born and not everyone has the vocation to be lawyers, so consulting a lawyer on housing issues may be very useful.

The majority of disputes related to housing, are quite complicated and require knowledge not only housing, but also civil, family and administrative legislation. Ability to find the evidence and make procedural documents, the ability to assert and maintain its position in the courtroom, and the ability to unravel the clever housing affairs – all this the assistance of a Austin DWI lawyer on housing issues.

the lawyer for the housing вопросамВ our time, the experienced attorney on housing issues or lawyer who specializes in solving such disputes, very much in demand. Many disputable and conflict situations, which in most cases lead to irreparable consequences would have been avoided, if in due time to consult with professionals. At the moment the services of attorney on use them any interested person can. Regardless of the complexity of the question, whether the eviction of the former husband of the apartment, “war”with the neighbors about the permanent flooding in the kitchen section of in common acquired property, donation, the inheritance and purchase of apartments – all this requires certain knowledge possessed by qualified lawyers with a wide experience of work in this sphere. On all of the above mentioned and many other topics a good Austin DWI lawyer on housing issues may be able to advise on the phone, because not everyone has enough time to go to an attorney in the office, and even more so, to register in the reception and waiting for the meeting for a few days.

An experienced housing lawyer, well versed in all the intricacies of the case, may resolve the dispute, related not only to the residential buildings and structures, but also with non-residential. Therefore, if you need will be consulting a lawyer on housing issues, related to the acquisition or disposal of non-residential real estate, feel free to pay for the help. At the decision of housing disputes, legal assistance on housing issues will be in consultation, collecting the necessary documents and the conduct of judicial proceedings, connected with the introduction and eviction, the definition of an order of use, as well as with the recognition of the contracts invalid and much more.

No one will argue that the choice of a Austin DWI lawyer is complex and requires a certain expertise and time. Therefore, to find a competent and cost of the Austin DWI lawyer, you will have a good run. And this, believe me, is worth it, especially if your rights to an apartment will be again restored or, for example, the donation agreement, concluded with the imposter, invalidated.

Austin, TX Civil and Criminal Trial Lawyers

2011-10-30T05:12:00.000-07:00

In the state of Texas, a drunk driving conviction, also known as a DWI or DUI, can have long-term consequences on your future and your freedom. A criminal record for impaired driving can adversely affect your employment and education opportunities. Hiring an experienced, skilled DWI lawyer for your defense can make a crucial difference in the outcome of your impaired driving case.

The attorneys of Minton, Burton, Foster and Collins have deep roots in Texas and we know the Texas laws. With over four decades of experience, we have helped thousands of Texans recover and move on after a Driving While Intoxicated (DWI) arrest.

If you have been arrested in Texas for a DWI or DUI, you need a lawyer on your side that can protect your rights inside Texas courtrooms and during plea negotiations. Our successes in the courtroom and at the settlement table have earned us a reputation as one of the preeminent law firms in Texas.

What Does a DWI / DUI Mean to Me?

In the state of Texas it is a criminal offense to operates a motor vehicle while intoxicated -- and that means you may face fines and possible imprisonment. The state has criminalized drunk driving because studies have shown that drivers' physical and mental faculties become impaired if enough alcohol or drugs are present in the system. A driver is considered intoxicated under the law when his or her blood alcohol content is .08 percent or higher.

The Texas penalties for drunk driving vary depending on whether you have prior DWI offenses and other circumstances surrounding the arrest. The basic DWI penalties are:

First Offense. A fine of $2,000 and / or potential jail time of 3 to 180 days, and a driver's license suspension up to a year.
Second offense. A maximum fine of $4,000 and / or potential jail time up to a year, and a driver's license suspension up to 2 years.
Given the stiff penalties you can face for a drunk driving conviction, you should take your impaired driving arrest seriously and immediately contact a DWI lawyer to preserve your rights.

We Can Help

Our qualified DWI lawyers may be able to avoid a drunk driving conviction or minimize its impact by reviewing the evidence recovered during the various sobriety tests and assessing the procedures used by law enforcement officials. If the police did not follow proper procedures or made a mistake during your stop, your attorney may have grounds to challenge the arrest.

Our DWI lawyers will work to have the charges you face reduced and keep you out of the courtroom. Using our experience and guidance, we will work tirelessly to minimize the effect the arrest has on your permanent record.

Travis County Hospitals and Sheriff's Department have finally figured out that Forced Blood Draws are a bad idea.

2011-10-30T05:11:00.000-07:00

The Austin American Statesman reported in today's paper that Austin's Hospitals and the Travis County Sheriff's Department have informed the Austin Police Department (APD) that they will no longer collect blood for APD.

Travis County's central booking facility had been the place where APD took their suspected DWI folks for the forced blood draw. APD would rely on the Sheriff's nurses to do the forced blood draw. (If the person refused, they would literally strap them in a chair so that the person couldn't move their arms, and then stick them with the needle) The Sheriff's Department nurses stopped taking blood samples on January 1. The Sheriff's Department has finally realized that the nurses main function should be to treat inmates, not collect evidence. Further, they are deeply concerned about having to give nurse's overtime pay to appear in court after having been the one that draws the blood.

Since the Sheriff's Office stopped doing the blood draws, APD started taking suspects to the hospital for the blood draws. (I can't verifiy this, but I heard that the hospital was charging APD $400.00 per blood draw.) The Hospital representatives have now told APD they don't want them to bring suspects to jail for blood draws. The Hospital staff are worried about lawsuits, and are concerned because these types of blood draws are not being done for medical reasons. Further, the Hospitals are worried about who will pay for the nurse's time when they are called to court to testify about the procedure they used to draw the blood.

Chief Acevedo thinks he has figured out a way around these problems. APD contracted with a private phlebotomist to draw the blood of folks on Halloween weekend and New Years Eve. APD agreed to pay the phlebotomist for three eight hour shifts during these weekends. What APD didn't contract for was pay for this phlebotomist when she is drug into court to testify about the blood draws. I predict there will be a lot of screaming from the phlebotomist when she finally figures out that the money she received per hour will now be reduced by the number hours she has to sit in court.

In the Statesman article, an "expert in blood draws" states that "the state laws are clear that nurses and hospitals are protected from such suits. What the "expert" appears to be referencing is Section 724.017 of the Texas Transportation Code. The relevant section, section (b), states:

The person who takes the blood specimen under this chapter, or the hospital where the blood specimen is taken, is not liable for damages arising from the request or order of the peace officer to take the blood specimen as provided by this chapter if the blood specimen was taken according to recognized medical procedures.

However, this "expert" left out the final sentence to section (b):

This subsection does not relieve a person from liability for negligence in the taking of a blood specimen.

Now, what the "expert" seems to be forgetting is that it will ultimately be up to a fact finder (Judge or Jury) to determine if negligence took place.

Also, I bet no one informed the phlebotomists that they could be held liable for the blood draws either.

APD is treading on thin ice on this issue, and the sad part is, they either don't even realize it, or they just don't care.

The Legislators are warming up to attack DWIs in Austin

2011-10-30T05:10:00.001-07:00

The Dallas Morning News reported that some Legislators are already beating their drums regarding their proposals to fight DWIs. In the past, Legislators have thought the only solution was to make the punishment for DWI more harsh. They are not realizing that this isn’t the answer.
The real issue is what works and what doesn’t. In the past, the Legislators just passed tougher and tougher laws. There was an attitude that if you put someone in jail long enough and fined them enough, they would change their behavior. This is what I call the Williamson County approach. But, Legislators are now realizing that this isn’t very effective. They have also tried to deter it by making it very expensive. The problem with that approach is that folks end up choosing jail over probation to save themselves money. Many folks in the system now realize the best way to deter the undesired behavior is to get folks in substance abuse treatment.

The two ideas that are certain to rear their ugly heads as road blocks and the requirement of Ignition Interlock on first time DWI offenders.

On a side note, one legislator out of Lewisville will be pitching an idea that if someone is convicted of a second DWI, then they should have their license permanently revoked. What she isn’t taking into consideration is that folks HAVE to be able to drive to work. Also, folks are going to drive, whether they have a license or not. And, if they don’t have a license, they won’t have insurance, so we end up with a bunch of non-licensed, non-insured folks on the road.

The main problem with roadblocks, is that every Legislator that has put for the idea has had to admit, that they just don’t work as well as roving patrols. So, if they don’t work as well, why do them. They are also more expensive to man, and bottling up traffic at 2:00 a.m., when folks are leaving the bars, just doesn’t seem very smart.

Increasing the Ignition Interlock requirements always seem to be on the Legislators' agenda. The problem with this idea is that it punishes the masses for the problems of the few. If a person has a drinking problem that would make the Ignition Interlock a good idea, the Judge can currently order it. The way the system works now, is on a case by case basis, where the Counseling and Education folks, the prosecutors, and the Judge can look at each case and make the determination as to what is appropriate. The IID folks want to remove the discretion from the Judge. The majority of folks arrested from DWI never reoffended, so we should leave it to the folks involved with each case to make the determination as to what is appropriate, not the Ignition Interlock companies that have lobbied the Legislators.

Driver Responsibility Program Repealed?

2011-10-30T05:09:00.001-07:00

The Texas Tribune reported this week that state lawmakers are considering eliminating the Driver Responsibility Program that was created in 2003 “to generate money and discourage unsafe driving.” The program tacks on a surcharge to drivers who get ticketed for various moving violations like driving while intoxicated, driving without insurance and driving without a license. Since inception, “DPS has been unable to collect more than $1 billion in fines they’ve issued” and have clogged Texas courtrooms with people who have failed to pay these fines. Rep. Lon Burman “argued that the surcharge program is unconstitutional because it puts drivers in double jeopardy, punishing them twice for the same offense.”
In hopes to collect on the $1 billion of unpaid fines, DPS has initiated an amnesty program for drivers “whose licenses have been suspended are eligible if they had a surcharge assessed between Sept. 30, 2004 and Dec. 31, 2008, and were delinquent on payments.” The amnesty program runs through April 17.

The Dallas Morning News also had a similar report which added that almost 60 percent of assessed surcharges have not been collected. It is estimated that the state receives $86 million a year in revenue from drivers who are paying the surcharges. And because the Texas Driver Responsibility Program is a large revenue source for the state, Rep. Berman has suggested a tax increase on cigarettes to make up for the lost revenue.

Durable Power of Attorney

2011-10-26T19:10:00.002-07:00

A grant of power of attorney allows you to grant someone else the power to act on your behalf in legal and business matters. A power of attorney may be for a special or limited purpose or time, or it can also be a general grant of legal authority to another. Grants of power of attorney can take either take place immediately or upon occurrence of some event, such as illness, absence or incapacitation.

Granting power of attorney can help your family if they need to care for you as you get older, allows you to designate someone to handle complex business affairs, or can even be useful if you just plan to vacation outside of the country for an extended period of time.

Using LegalZoom to set up a power of attorney is a simple process, and doing it yourself online without going through an attorney can help save you time and money.

ALL ABOUT BANKRUPTCY

2011-10-26T19:10:00.000-07:00

Introduction

People who are having difficulty paying their debts sometimes consider bankruptcy to obtain relief from collection efforts, eliminate some or all of their debts or restructure their debt payments to a more manageable level. This article gives you general information about bankruptcy and is not intended to be a substitute for consulting qualified legal advisors.

What is bankruptcy?

Bankruptcy is a uniform, federal court- supervised procedure to relieve individuals and businesses from debts, while protecting and preserving the rights of secured creditors and providing unsecured creditors with equal treatment of their claims.There are four types of bankruptcy that individuals may select, depending upon their particular financial circumstances. Most individuals file under Chapter 7 of the Bankruptcy Code (the Code), sometimes known as "straight" or "liquidation" bankruptcy. Chapter 11 is available to individuals, but generally is used by corporations to reorganize their business affairs. Chapter 12 is designed for use by farmers. Chapter 13, also referred to as a "wage-earner" or "debt-adjustment" plan, is available to individuals and unincorporated businesses that intend to use future income to pay some or all of one´s debts according to a plan designed by the individual (within certain statutory limitations) to meet his or her needs.This document concentrates on the more frequently used procedures, Chapter 7 and Chapter 13.

Who may declare bankruptcy?

There are few limitations on who can file bankruptcy. The decision of whether to file, and under what Chapter, is based upon each individual´s need for relief from debts and their capacity and willingness to undertake a procedure that will have long-term consequences on their financial life. A competent debt-counselor or attorney can help you consider alternatives to bankruptcy.

Who is involved in bankruptcy proceedings?

In general, bankruptcy proceedings under any Chapter involve:

the debtor - the person who files bankruptcy, also known as "the petitioner";
the creditors - any persons, firms or entities that claim the debtor owes them money;
the trustee - a court-appointed person who administers the bankruptcy proceedings and any property available for distribution to creditors (called the bankruptcy estate). The trustee represents the interests of the unsecured creditors, and is required to liquidate nonexempt assets, to investigate the debtor´s financial affairs, examine creditors´ proofs of claim, provide information to parties in interest, file reports, estate tax returns and recommend, when appropriate, criminal or civil proceedings against the debtor who has committed fraud or other crimes in connection with the case.
the bankruptcy judge - who presides over any hearings on disputed matters in connection with the case.
What constitutes the bankruptcy estate?

In general, the bankruptcy estate consists of all property owned by the debtor or in which the debtor has an interest whether individually or as a co-owner with any other person. The estate includes property the debtor acquires by gift, devise, inheritance, divorce settlements and life insurance proceeds the right to which arises within 180 days after the filing of the case, and also includes property recovered by the trustee under certain provisions of the Code. The estate is reduced by exempt assets. The balance of any property remaining for administration by the trustee constitutes the final bankruptcy estate.

What is Chapter 7 bankruptcy?

The most commonly used form of bankruptcy, Chapter 7, provides honest debtors with a fresh start by eliminating many of a debtor´s most common financial obligations through the discharge (which is generally granted at the end of the case). In return for the discharge, the debtor must turn over to the trustee certain nonexempt assets. These nonexempt assets are sold with the proceeds distributed to creditors according to priorities set forth in the Code. Generally, expenses of administering the estate, unpaid wages and related taxes are paid ahead of ordinary unsecured claims. If assets remain for distribution to unsecured creditors, those creditors who file formal proofs of claim within the time periods fixed by the court share proportionately in the remaining proceeds.

What are some of the advantages and disadvantages of filing bankruptcy?

Advantages:

With a few notable exceptions, bankruptcy stops all ongoing legal actions against the debtor, prevents a creditor from beginning new legal actions against the debtor, and prohibits creditors with notice of the bankruptcy case from contacting the debtor, or anyone else besides the debtor´s attorney, to seek collection of a debt; Most liabilities relating to credit card debts, civil judgments, past-due accounts and judgments due to repossessions and foreclosures may be discharged; A debtor may be able to keep all or most of his or her property through federal and/or state exemptions; and Certain liens and certain involuntary transfer (such as garnishments), may be avoided if timely action is taken.

Disadvantages:

Debts relating to certain taxes, governmental fines, forfeitures and restitution, criminal or fraudulent conduct, child and spousal support, drunk driving, most student loans, and intentional and malicious injuries, may not be dischargeable; Creditors having a mortgage or security interest in a home or in motor vehicles, may be able to repossess their collateral after the bankruptcy unless the debtor reaffirms the debt or redeems the collateral (see discussion below); Bankruptcy filings are matters of public record and are generally noted on a debtor´s credit history for 10 years, making it more difficult to obtain credit in the future. A stigma also may be associated with bankruptcy which views a debtor as being financially or socially irresponsible. Some debtors may find the proceedings embarrassing since they must submit to a public examination about their financial affairs and must provide detailed financial disclosures, which are open to the public; A debtor may receive a discharge only once in six years. A debtor contemplating bankruptcy must carefully consider his or her financial stability and ability to avoid the problems resulting in the bankruptcy during that period; and There may be tax consequences from a bankruptcy.

What debts are not discharged in a Chapter 7 bankruptcy?

When considering whether to file bankruptcy, it is important to understand that not all debts are subject to discharge under Chapter 7. Among the more common debts that are unaffected by bankruptcy are certain income and business taxes, alimony, child support, certain property divisions incident to divorce, governmentally imposed fines, forfeitures or restitution, most student loans, and liabilities resulting from drunken driving. In addition, certain abuses of cash advances and credit cards on the eve of bankruptcy are nondischargeable, as are debts arising from fraud, misrepresentation, theft and intentional or malicious injuries to a person or property.For these latter forms of debts to be held nondischargeable, the creditor must bring a lawsuit against the debtor in the bankruptcy court within 90 days of the filing, and obtain a judgment declaring the debt, or some portion thereof, to be nondischargeable. In such a proceeding, the debtor has most of the rights attendant to any other civil trial in federal court.The discharge may be denied or revoked within one year after it is granted because of the debtor´s fraud (such as making false statements, concealing assets or fraudulently transferring assets) prior to or in connection with the filing of the case. Again, proceedings to deny or revoke a discharge are subject to the same right to a trial on the merits as with claims for nondischargeability of debts.Finally, while a debtor´s personal liability for debts secured by a home, car, boat, furnishings and the like may be discharged in a Chapter 7 bankruptcy, the affected creditor´s right to enforce its lien against collateral pledged for a loan (such as the right of repossession) is mostly unaffected by bankruptcy. To retain the collateral, the debtor may have to reaffirm the debt or redeem the collateral. These concepts will be discussed later in more detail.

What property may I keep in a Chapter 7 bankruptcy?

State law provides certain protections, called exemptions, that limit the types of property that a creditor holding a judgment may seize and sell to satisfy the creditor´s claim. The federal bankruptcy laws also contain certain property exemptions that protect similar assets, but in different amounts. Because the dollar value of these exemptions are subject to legislative change, specific amounts are not listed here. However, the types of property for which exemptions are permitted include a limited amount of equity in, among other things, one´s personal residence, vehicles, household goods and personal effects, tools of the trade, life insurance and even deposit accounts. Generally, qualified retirement benefits are excluded from the bankruptcy estate altogether.When a debtor´s property (called collateral) is secured by a lien (such as a home mortgage, vehicle purchase loan, some furniture purchases, and so on), the debtor must decide to retain it or surrender it to the secured creditor. If the decision is to surrender the collateral, the unpaid portion of the loan (or any deficiency after sale of the collateral) generally is subject to discharge along with the unsecured debts.If a debtor wishes to retain the collateral, the debtor must choose either to reaffirm the debt (sign a written document agreeing to continue making regular or agreed-upon payments on the debt and grant the creditor all pre-bankruptcy rights upon a subsequent default) or redeem the collateral (pay the creditor the present fair market value of the collateral in one lump-sum). Only items used for personal, household and family use (including vehicles, but not real estate) are subject to redemption.Finally, a debtor may be able to avoid certain liens on items held for personal or household use (but not vehicles or real estate), and retain the items without either reaffirming the debt or redeeming the collateral. Lien avoidance generally is a matter for the bankruptcy court, and usually is an item of additional cost to the debtor above and beyond the basic cost of a bankruptcy case. Debtors should inquire about such additional costs when contacting an attorney about bankruptcy.

What is a Chapter 13 bankruptcy?

Chapter 13 is a proceeding under which a debtor proposes to his or her creditors and the court, a plan that enables the debtor to repay as much debt as is feasible given the debtor´s financial circumstances. To be confirmed by the court, a plan must provide that the debtor´s future income be subject to court administration. After determining a reasonable budget, the debtor´s remaining income is paid (generally monthly) by the debtor´s employer to the trustee who, after taking a commission, pays the creditors in accordance with the provisions set forth in the plan. A plan generally lasts three years, but may last up to five years if the court approves the longer period. At the conclusion of the plan, the debtor is entitled to receive a discharge of any remaining debt.

Who may file Chapter 13 bankruptcy?

Unlike the other bankruptcy chapters, Chapter 13 is limited to individuals and unincorporated businesses that have a regular source of income and whose secured debts are less than $750,000 with unsecured debts of less than $250,000. The term "regular source of income" has been interpreted to mean income that is sufficiently definite and certain to enable the debtor to assign it to the trustee on a regular basis for payment by the trustee to creditors.

What are some of the advantages and disadvantages of Chapter 13 bankruptcy?

Advantages:

Bars post-filing collection actions against co-debtors if the debt is non-business and the creditor will be paid in full under the Plan; Debtor retains all desired property, provided creditors obtain at least as much under the Plan as they would under Chapter 7; Debtor may "write-down" secured nonhomestead debts to the value of the collateral; Debtor may be able to modify interest rates on some loans and extend the payment term on most debts to make them more affordable; Debtor may cure loan defaults by making installment payments, and reinstate accelerated mortgage and other notes; The Chapter 13 discharge is broader than under Chapter 7, so that more types of debts are dischargeable; and Debtor may be able to force ("cram-down") affordable payments on secured and tax creditors that cannot be done under Chapter 7.

Disadvantages:

Debtor´s future income is subject to administration by the trustee for up to three and possibly as long as five years; Under the Plan, the debtor must establish and live under a firm budget during the repayment period; The trustee is entitled to a commission on payments paid to creditors which reduces the value of what is paid to creditors; and Still appears as a bankruptcy on credit reports.

What procedures are involved in filing bankruptcy?

Bankruptcy involves a series of steps that usually include the following actions:

The debtor gathers financial information for use in preparing the petition for bankruptcy and the schedules of assets, debts, income and expenses, the statement of financial affairs and statement of intentions concerning secured debts;
The debtor files the petition, schedules, statement of financial affairs and pays the filing fee to the bankruptcy court;
The court provides notice to scheduled creditors of the filing of the case, the meeting of creditors, the injunctive stay against creditor actions, the last date for creditors to file challenges to the debtor´s discharge or the dischargeablity of a particular debt, the initial "asset" or "no-asset" status of the case, and other pertinent information relative to the case;
The debtor appears under oath and on record before the trustee to be examined at the meeting of creditors and submits to creditors´ questions;
The debtor completes the reaffirmation, redemption or surrender of secured collateral according to the Statement of Intentions filed with the case; and
All parties receive the discharge notice approximately 90 days after filing a Chapter 7 case or at the conclusion of payments in a Chapter 13 case.
Do I need a lawyer to file bankruptcy?

As with most other legal matters, any person may represent himself or herself before the bankruptcy court. Bankruptcy, however, is a highly refined procedure that is full of detail and interpretations based upon prior case law. Each case is different, as are the individual consequences to the debtor. Proper planning in anticipation of bankruptcy may save a debtor not only money or property, but countless hours of revising improperly completed documents. After a thorough analysis, bankruptcy may be unnecessary. A lawyer skilled in bankruptcy law can assist and advise a debtor so that the process is as effective for the debtor as the specific circumstances allow.

Get advice from an experienced attorney on personal legal matters

2011-10-26T19:08:00.000-07:00

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INTERNATIONAL CONTRACTS AND DEBT COLLECTION

2011-10-26T19:06:00.001-07:00

WORLDLawDirect will handle all of the details of your international contract or other debt collection effort.

We provide a wide range of services: Contract review, drafting of international business agreements, debt collection proceedings, merchandise reclamation and arbitration assistance.

If you are required by the terms of your contract to resolve your debt collection dispute by pursuing international arbitration, we can also assist in that process.

Our banking and "creditor rights" lawyers in 40 countries,* including most major offshore banking locations, get you results fast.

We guarantee it!

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International debt collection – International debt collection is the same as normal debt collection except the creditor and debtor are in different countries. There are not many companies that specialise in this sort of collection as there is the need to have many different languages in-house and a worldwide knowledge of the different legal systems and laws that are in place around the world.

SMALL BUSINESS HELP -- LEGAL ADVICE

2011-10-26T19:05:00.002-07:00

WORLD Law Direct provides your business with extensive legal services and protection at an incredibly affordable rate! We give your small business its own personal general counsel and access to attorneys in all 50 U.S. states and 26 countries worldwide!

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International legal advice–no other company in America offers you this service!
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We'll assist you not only with urgent questions today, but also with business and legal matters you're planning for tomorrow. If you have issues with suppliers, customers, employees, etc., we'll resolve them for you 24 hours a day, seven days a week.

US LAW REGULATING ONLINE CIGARETTE SALES

2011-10-26T19:05:00.000-07:00

President Barack Obama signed the Prevent All Cigarette Trafficking (PACT) Act, legislation to regulate the sale of tobacco products over the Internet and through the mail. The PACT Act makes it harder for vendors to avoid paying federal, state, and local taxes and forces internet retailers to comply with other regulations of tobacco products, including selling to minors.

Previously, online sellers of tobacco products often failed to pay state excise taxes – making cigarettes and tobacco products cheaper than store-bought substitutes. Online and mail order venders were also an easy source of cigarettes for underage smokers.

The PACT Act will encourage more smokers to quit and limit the access of kids and young people to cigarettes. With bi-partisan support in the House and Senate and key sponsorships from Rep. Anthony Weiner (D-NY) and Sen. Herb Kohl (D-WI), the new legislation will help curb access to tobacco in a number of important ways. It will:

Require all federal, state, and local taxes on tobacco products be paid and documented
Ban the delivery of tobacco products through the U.S. Postal Service
Require age verification upon both the purchasing and delivery of tobacco products
Authorize greater penalties and provide better enforcement tools for state law enforcement
This is a dual strike at deceptive practices by Big Tobacco and another legislative victory for the American Lung Association and public health. The American Lung Association strongly supports this legislation and greatly appreciates the leadership of President Obama, Senator Kohl, Congressman Weiner and the entire Congress in its efforts to prevent the illegal sale of tobacco products.

To Exercise the Proper Duty of Care

2011-10-24T18:03:00.000-07:00

1. Active Participation.
A director must actively participate in the management of the organization including attending meetings of the board, evaluating reports, reading minutes, reviewing the performance and compensation of the Executive Director and so on. Persons who do not have the time to participate as required should not agree to be on the board.
2. Committees.
  Directors may establish committees having the authority of the board and may rely on information, opinions or reports of these committees. Committees operate subject to the direction and control of the board. As a result, directors are still responsible for the committees and should periodically scrutinize their work.
3. Board Actions.
  A director who is present at a meeting when an action is approved by the entire board is presumed to have agreed to the action unless the director objects to the meeting because it was not lawfully called or convened and doesn’t participate in the meeting, or unless the director votes against the action or the director is prohibited from voting on the action because of a conflict of interest.
4. Minutes of Meetings.
  Written minutes should be taken at every board meeting. The minutes should accurately reflect board discussions as well as actions taken at meetings.
5. Books and Records.
  A director should have general knowledge of the books and records of the organization as well as its general operation. The organization’s articles, bylaws, accounting records, voting agreements and minutes must be made available to members and directors who wish to inspect them for a proper purpose.
6. Accurate Record Keeping.
  A director should not only be familiar with the content of the books and records, but should also assure that the organization’s records and accounts are accurate. This may mean the director must take steps to require regular audits by an independent certified public accountant. At the very least, the director should be aware of what the financial records disclose and take appropriate action to make sure there are proper internal controls.
7. Trust Property.
  A director has the duty to protect, preserve, invest and manage the corporation’s property and to do so consistent with donor restrictions and legal requirements. Instituting proper internal controls will aid in the protection of assets.
8. Resources.
A director must assist the organization in obtaining adequate resources to enable it to further its charitable mission.
9. Charitable Trusts.
  A trustee of a charitable trust has a higher standard of care than a director of a nonprofit corporation. A trustee has the duty to exercise the care an ordinary person would employ in dealing with that person’s own property. A trustee with a greater level of skill must use that higher skill in carrying out the trustee’s duties.
10. Investigations.
  A director has a duty to investigate warnings or reports of officer or employee theft or mismanagement. In some situations a director may have to report misconduct to the appropriate authorities, such as the police or the Attorney General. Where appropriate, a director should consult an attorney or other professional for assistance.
Traditionally, directors have an absolute duty of complete, undivided loyalty to the organization. This means that directors should avoid using their position or the organization’s assets in a way which would result in pecuniary or monetary gain for them or for any member of their family. A director should put the good of the organization first and avoid engaging in transactions with the organization from which the director will benefit.

Services provided by the Office of the Children's Lawyer

2011-10-24T18:00:00.000-07:00

The Office of the Children’s Lawyer becomes involved in family law cases by way of a court order. These cases may be custody and access disputes or they may be child protection matters involving a children’s aid society.

The court can request the appointment of the Children's Lawyer under the Courts of Justice Act. This happens when there is a dispute before the court about a child’s custody or access and the court requires independent information and representation about the interests, needs and wishes of the child. The Children’s Lawyer has the discretion to decide whether or not to accept a case. If a case is accepted, the Children’s Lawyer may provide a legal representative (a lawyer) for the child, may prepare a report by a clinician, or may provide a lawyer assisted by a clinician.

In a child protection matter, the court may order the appointment of the Children’s Lawyer under the Child and Family Services Act. In child protection cases, the Children’s Lawyer will provide a legal representative for the child upon receiving an order from the court.

Divorce and Separation

2011-10-24T17:58:00.000-07:00

Separation agreements and court orders can resolve some family matters when you separate but they do not legally end your marriage. The only way to legally end your marriage is to get a divorce. The following links will help you find more information about divorce law and procedure.

Getting Started
What You Should Know about Family Law in Ontario (available in 9 languages)
Covers many aspects of divorce and separation, including mediation, choosing a lawyer, going to court, your rights and obligations
Family Law Information Centres (FLICs)
An area in each family courthouse where you can receive free information about divorce, separation and related family law issues (child custody, access, support, property division and child protection) and referrals to community resources. Each FLIC has a variety of publications available addressing these issues, as well as guides to court procedures. Staff and Advice Lawyers are also available at designated hours
Getting Divorced (CLEO)
A brochure that provides information about legally ending a marriage in Ontario.
Resource List
Extensive list of books and websites for adults and children covering separation and divorce, parenting, emotional and financial issues. Includes age appropriate reading suggestions and interactive websites.
Settling out of court
Using a lawyer
Mediation
The mediator, a neutral third party, can help you reach an agreement on a variety of issues, including support payments, the division of property, and child custody and access. Mediators, unlike judges or arbitrators, do not decide cases or impose settlements
Arbitration
Arbitrators, like mediators, are neutral third parties. However, unlike mediation, parties who wish to arbitrate must agree to be bound by the decision made by the arbitrator
Collaborative Family Law
Collaborative lawyers assist parties in negotiating a resolution of their dispute(s) in a principled and respectful fashion without going to court. Both parties and their lawyers sign a contract committing to this process in advance
Going to court
If you and your spouse cannot agree on how to resolve your family law issues, you can go to court and ask a judge to decide for you. If you are married, you will need to apply to a court to obtain a divorce order in order to end your marriage

Understanding the family court system in Ontario
Guide to procedures in Family Court
The Family Court is a branch of the Superior Court of Justice. The Family Court is the only court in Ontario that can hear all family law cases, including divorce, child and spousal support and child custody/access cases
Guide to procedures in the Ontario Court of Justice
The Ontario Court of Justice can hear family law cases involving child and spousal support, child custody and access, child protection and adoption. It cannot grant a divorce order or decide property matters
Guide to procedures in the Superior Court of Justice
The Superior Court of Justice can hear family law cases involving the same types of issues as those in the Family Court, except for adoption and child protection applications. These types of cases can only be heard in the Family Court or the Ontario Court of Justice
How to get a copy of a Divorce Order, Certificate of Divorce or other court document
Court locations and addresses across Ontario

Criminal prosecutions

2011-10-24T17:56:00.001-07:00

One of the most publicly scrutinized aspects of the Attorney General's role is the responsibility for criminal prosecutions encompassed in section 5 (d) and s. 92 of the Constitution Act, 1867. Section 92 gives the provinces authority to legislate in matters related to the administration of criminal justice and thereby gives the provincial Attorney General authority to prosecute offences under the Criminal Code.

The Attorney General does not, however, direct or cause charges to be laid. While the Attorney General and the Attorney General's agents may provide legal advice to the police, the ultimate decision whether or not to lay charges is for the police. Once the charge is laid the decision as to whether the prosecution should proceed, and in what manner, is for the Attorney General and the Crown Attorney.

It is now an accepted and important constitutional principle that the Attorney General must carry out the Minister's criminal prosecution responsibilities independent of Cabinet and of any partisan political pressures. The Attorney General's responsibility for individual criminal prosecutions must be undertaken - and seen to be undertaken - on strictly objective and legal criteria, free of any political considerations. Whether to initiate or stay a criminal proceeding is not an issue of government policy. This responsibility has been characterized as a matter of the Attorney General acting as the Queen's Attorney - not as a Minister of the government of the day.

This is not to suggest that decisions regarding criminal prosecutions are made in a complete vacuum. A wide range of policy considerations may be weighed in executing this responsibility, and the Attorney General may choose to consult the Cabinet on some of these considerations. However any decisions relating to the conduct of individual prosecutions must be the Attorney General's alone and independent of the traditional Cabinet decision making process. In practice, in the vast majority of cases, these decisions are made by the Attorney General's agents, the Crown Attorneys.

An important part of the Crown's - and thus the Attorney General's - responsibility in conducting criminal prosecutions is associated with the responsibility to represent the public interest - which includes not only the community as a whole and the victim, but also the accused. The Crown has a distinct responsibility to the court to present all the credible evidence available.

The responsibility is to present the case fairly - not necessarily to convict. This is a fundamental precept of criminal law, even if it is not a particularly well-understood concept among the general public. One of the Attorney General's responsibilities in fostering public respect for the rule of law, is to assist the public in understanding the nature and limits of the prosecutorial function.

Ultimately the Attorney General is accountable to the people of the province, through the Legislature, for decisions relating to criminal prosecutions. Such accountability can only occur, of course, once the prosecution is completed or when a final decision has been made not to prosecute. The sub judicae rule bars any comment on a matter before the courts that is likely to influence the matter. The sub judicae rule strictly prohibits the Attorney General from commenting on prosecutions that are before the courts. Given the stature of the Attorney General's position, any public comment coming from the office would be seen as an attempt to influence the case.

Although the Attorney general can become involved in decision-making in relation to individual criminal cases, such a practice would leave the Minister vulnerable to accusations of political interference. Accordingly, it is traditional to leave the day-to-day decision-making in the hands of the Attorney General's agents, the Crown Attorneys, except in cases of exceptional importance where the public would expect the Attorney General to be briefed.

Roles and Responsibilities of the Attorney General

2011-10-24T17:55:00.001-07:00

The Attorney General has a unique role to play as a Minister.

One part of the Attorney General's role is that of a Cabinet Minister. In this capacity the Minister is responsible for representing the interests and perspectives of the Ministry at Cabinet, while simultaneously representing the interests and perspectives of Cabinet and consequently the Government to the Ministry and the Ministry's communities of interest.

The Attorney General is the chief law officer of the Executive Council. The responsibilities stemming from this role are unlike those of any other Cabinet member. The role has been referred to as "judicial-like" and as the "guardian of the public interest".

Much has been written on the subject of ministerial responsibilities and the unique role of the Attorney General.

There are various components of the Attorney General's role. The Attorney General has unique responsibilities to the Crown, the courts, the Legislature and the executive branch of government. While there are different emphases and nuances attached to these there is a general theme throughout all the various aspects of the Attorney General's responsibilities that the office has a constitutional and traditional responsibility beyond that of a political minister.

The statutory responsibilities of the office are found in section 5 of the Ministry of the Attorney General Act. Section 5 states:
The Attorney General,
(a) is the Law Officer of the Executive Council;
(b) shall see that the administration of public affairs is in accordance with the law;
(c) shall superintend all matters connected with the administration of justice in Ontario;
(d) shall perform the duties and have the powers that belong to the Attorney General and Solicitor General of England by law and usage, so far as those powers and duties are applicable to Ontario, and also shall perform the duties and powers that, until the Constitution Act, 1867 came into effect, belonged to the offices of the Attorney General and Solicitor General in the provinces of Canada and Upper Canada and which, under the provisions of that Act, are within the scope of the powers of the Legislature;
(e) shall advise the Government upon all matters of law connected with legislative enactments and upon all matters of law referred to him or her by the Government;
(f) shall advise the Government upon all matters of a legislative nature and superintend all Government measures of a legislative nature;
(g) shall advise the heads of ministries and agencies of Government upon all matters of law connected with such ministries and agencies;
(h) shall conduct and regulate all litigation for and against the Crown or any ministry or agency of government in respect of any subject within the authority or jurisdiction of the Legislature;
(i) shall superintend all matters connected with judicial offices;
(j) shall perform such other functions as are assigned to him or her by the Legislature or by the Lieutenant Governor in Council. "

What follows is an overview of the various components of the Attorney General's roles and responsibilities, primarily as outlined in the Act.

Victim Notification

2011-10-24T17:53:00.000-07:00

The Attorney General's office has a long-standing practice of responding to victims or family members of victims in any case being handled by the Attorney General's office. We make every effort to answer all questions or calls about pending cases to those victims or family members of victims who have provided us with their current telephone numbers or addresses. The Attorney General and the lawyers who litigate the death penalty cases - and all other criminal cases - are very concerned with the victims of all crimes and their families and have always made every effort to provide as much information as possible.

WHO MAY REQUEST INFORMATION AND THE SIX-MONTH UPDATE
A victim may submit a written request to be notified of the post-conviction (habeas corpus primarily) proceedings and to be provided with a six-month status report.

A "Victim" means:

" either the person against whom the crime was perpetrated," or
" the parent, guardian or custodian of the crime victim who is a minor or legally incapacitated."

In the event of the death of the victim, then the "victim" is defined as one of the following individuals, assuming that the individual is not either the defendant or in custody for an offense:

spouse, or
adult child, or
parent, or
a sibling, or
a grandparent.

NOTE: Although the law limits notification to the defined "victim" (as in all cases), the Attorney General's office intends to continue to provide as much information as possible to all family members who contact the office.

HOW THE NOTIFICATION PROCESS WORKS
Cindy Ormerod, a paralegal in the Capital Litigation Section of the Criminal Justice Division, is the Victim Information Coordinator and is responsible for monitoring requests and providing information. We have created a notification request form that should be completed and returned to the office at the address provided. Upon receipt of the notification request form, the name of the person requesting the information will be added to the database and a status report will be provided at that time. The office will then send out status reports to all individuals in the database approximately every six months.

In addition, either written, telephonic or e-mail notice will be given whenever possible of the filing and disposition of all collateral attacks on the conviction and death sentence which this office is defending as well as notice of the time and place of court proceedings on those cases.

The Attorney General's office has given the notification information to the local victims' assistance coordinators in the district attorneys' offices as well as the Department of Corrections, the Criminal Justice Coordinating Council and the State Board of Pardons and Paroles.

HISTORY BEHIND VICTIM NOTIFICATION
In the 2002 session the Georgia General Assembly passed H.B. 1070 which amended the Crime Victims' Bill of Rights by extending the right to request information to those cases in which the death penalty was imposed for the post-appeal phase of litigation being defended by the Attorney General's office.

ATTORNEY GENERAL-DUTIES AND POWERS

2011-10-24T17:51:00.000-07:00

OFFICE OF ATTORNEY GENERAL

The General Assembly established the Office of the Attorney General in 1897 (Public Acts 1897, c. 191, § 1 (P. A. 191), which is now codified as CGS § 3-124).

Article Fourth, § 1 of the Connecticut Constitution requires that a general election for governor, lieutenant governor, secretary of the state, treasurer, comptroller, and attorney general be held on the Tuesday after the first Monday of November, 1974 and every four years thereafter. This section derives from Article Fourth, § 1(governor), § 3 (lieutenant governor), § 17(treasurer), § 18 (the secretary of the state), and § 19 (comptroller) of the constitution of 1818. The attorney general was added to this provision in 1974.

HISTORY OF THE ATTORNEY GENERAL'S OFFICE

The Supreme Court had occasion to describe the history of the attorney general's office in the Blumenthal v. Barnes (261 Conn. 434 (2002)). The following was taken directly from that description.

The office of the attorney general principally was established in response to the spiraling legal costs incurred by the various state departments (citing the Hartford Daily Courant, May 15, 1897, p. 12).

Before the establishment of the office, each state agency and department had retained its own legal counsel to represent it, and thus the state, in legal matters pertaining to the respective agency or department.

According to the sponsor of the legislation establishing the office of the attorney general, the comptroller and nine state departments, boards, and commissions collectively incurred at least $ 15,000 in legal expenses in 1896. Representative Harry E. Back estimated that the legal expenses of all of the state departments amounted to $ 25,000 annually. Representative Samuel Frisbie best summarized the purpose behind the proposed legislation when he stated: "I know of no single better way for saving money than the creating of this office. " (Also see the Hartford Daily Times, May 21, 1897, p. 3 claiming that creation of office of attorney general would result in decrease in legal expenses of state departments).

GENERAL DUTIES OR POWERS (CGS § 3-125)

Appointments

The law requires the attorney general to appoint a deputy, to perform all the duties of the attorney general in case of his sickness or absence, and to appoint such other assistants as he deems necessary, subject to the governor's approval. The law authorizes the attorney general to appoint up to four associate attorneys general who serve at his pleasure and who are exempt from the classified service (CGS § 3-125).

General Powers and Duties (CGS § 3-125)

The law gives the attorney general supervision over all legal matters in which the state is an interested party, except those over which prosecuting officers have direction. The law requires the attorney general to appear for the state, the governor, the lieutenant governor, the secretary of the state, the treasurer, the comptroller, and for all heads of departments and state boards, commissioners, agents, inspectors, committees, auditors, chemists, directors, harbor masters, and institutions and for the state librarian in all suits and other civil proceedings. But it explicitly exempts matters involving criminal recognizances and bail bonds, in which the state is a party or is interested, or in which the official acts and doings of said officers are called in question.

The attorney general must appear for members of the state House of Representatives and the state Senate in all suits and other civil proceedings brought against them involving their official acts in the discharge of their duties as legislators, in any court or other tribunal, as the duties of his office require; and all such suits shall be conducted by him or under his direction.

The law also requires that when any measure affecting the State Treasury is pending before any General Assembly committee, the committee must give the attorney general reasonable notice of the pendency of such measure, and requires the attorney general to appear and take whatever action he deems to be for the state's best interests.

The attorney general must represent the public interest in the protection of any gifts, legacies, or devises intended for public or charitable purposes.

All writs, summonses, or other processes served upon such officers and legislators must be transmitted by them to the attorney general. All suits or other proceedings by such officers must be brought by the attorney general or under his direction.

The law requires the attorney general, when required by either house of the General Assembly or when requested by the president pro tempore of the Senate, the speaker of the House of Representatives, or the majority leader or the minority leader of the Senate or House of Representatives, to give his opinion upon questions of law submitted to him by either house or any of these leaders. He must advise or give his opinion to the head of any executive department or any state board or commission upon any question of law submitted to him. He may procure whatever assistance he may require.

Whenever a trustee, under the provisions of any charitable trust, is required by statute to give a bond for the performance of his duties as trustee, the attorney general may cause a petition to be lodged with the probate court of the district in which such trust property is situated, or where any of the trustees reside, for the fixing, accepting, and approving of a bond to the state, conditioned for the proper discharge of the duties of such trust, which bond shall be filed in the office of such probate court.

The attorney general must prepare a topical and chronological cross-index of all legal opinions issued by the Office of the Attorney General and shall, from time to time, update it.

Other Statutory Duties and Powers

We identified over 500 statutes that refer to the attorney general. Many of these impose specific duties or confer certain powers. We have summarized a few below.

The attorney general is authorized to:

1. bring an action in the superior court to recover a penalty for a violation of the law involving third party fees in investments by the treasurer or quasi-public agencies (CGS §§ 3-13j and l);

2. investigate and, with the approval of the governor, take such action as is deemed necessary to protect the state from damage by diversion or other interference with water from streams without the state which enter or are tributary to streams flowing within the state (CGS § 3-126);

3. proceed against healing arts practitioners accused of obtaining licenses through misrepresentation (CGS § 3-129);

4. institute civil proceedings to forfeit the charter of corporations engaged in gambling, selling drugs, extortion, or certain other crimes (CGS § 3-129a);

5. when directed by the Governor, institute legal proceedings in any court or before any commission or committee of any state or of the United States to obtain the establishment and maintenance of just and reasonable rates for transportation of fuel and other articles and commodities by railroad and by vessels and to compel common carriers to establish, apply, and observe just and reasonable rules, classifications, and practices in connection with such transportation (CGS § 3-130);

6. bring a civil action on behalf of the state against any tobacco product manufacturer that fails to place into escrow the funds required by law (CGS § 4-28j);

7. institute a proceeding to enforce any order imposing a civil penalty in connection with the set-aside program for small contractors, minority business enterprises, individuals with disabilities and nonprofit corporations (CGS § 4a-60g);

8. provide for the defense of any state officer, employee or member sued for negligence or for depriving someone of their civil rights (CGS § 5-141d);

9. bring suit, with the revenue commissioner's permission, to collect state imposed taxes (CGS § 12-387a); and

10. bring a lawsuit at the public health commissioner's request, to enjoin any person, association, organization, corporation, institution, or agency, public or private, from maintaining a family day care home without a license(CGS § 17-587).

Many Issues Arise under Family Law

2011-10-23T17:24:00.000-07:00

Family is one of the most important things in life; however, families are hard work and sometimes things don't always work out the way we planned.
Family law encompasses several major issues from marriage to divorce, as well as the many legal issues that occur with children, including adoption, child support and paternity issues. No matter what stage in life your family is going through, a family law attorney may be able to help.
Marriage
For better or worse, marriage is the legal union of a man and woman as husband and wife. To marry there must be consent, but there are other requirements, such as being of a certain age and having the capacity to consent.
Many states require other procedural steps, including a blood test and a ceremony. There is an exception in a few states known as common law marriage, where if an unwed couple live together for a certain amount of years and meet other requirements, the law may consider them to be married.
The main legal consequence of marriage is that it creates the duty in both the husband and wife to support each other for necessities such as food, shelter and medical expenses.
Marriage also might bring up the issue of a prenuptial agreement, which is a contract made before the marriage. A "prenup" is designed to preemptively resolve issues that would arise should the marriage fail. Though prenups are legally enforceable, there are also requirements that need to be met to assure that one party does not take advantage of the other.
As family law continues to evolve, some states are now recognizing marriage between two people of the same gender. Learn more about current issues in marriage by speaking with a local family law attorney.
Divorce
Divorce breaks the union by court order. Divorce is different from other manners of dividing spouses, such as annulment or legal separation.
Divorce gives rise to several issues, such as determining how much support a spouse will receive and the general distribution of marital property.
When making these decisions, the court will look at several factors to determine how much support one spouse must provide to the other. The divorce proceeding will also resolve issues regarding children, such as child custody and child support.
Children
Parents are obligated by law to support children until they reach the age of majority. This applies both to biological and adopted children.
Legally adopted children are entitled to the same support and privileges as a biological child.
Most issues involving children occur in a divorce case. For example, in child custody matters, courts will usually determine which spouse gets custody based on the best interests of the child. For child custody and child support issues, there are several different factors that courts will use in rendering a decision.
These are just some of the major issues that fall into the category of family law. There are other issues such as power of attorney, same sex marriages, wills and domestic violence.
The important thing to remember about family law is that specific rules vary by state. If you are dealing with legal family issues, consider consulting a family law attorney. Learn more by connecting with a family law attorney through AttorneyFind today.

Legal dealings with accidents

2011-10-23T17:23:00.001-07:00

Now days motorcyclists are faced with the immense challenge of sharing major as well as minor roadways with other vehicles. Aside from this, these roadways can also be life threatening considering how particularly busy and extremely ever-changing major city roadways scene has come out to be.
Given the countless traffic troubles, assortment of vehicles zooming to and fro the roadways, most motorcyclists are indeed faced almost constantly with life threatening situations. It also cannot be helped that not all motorists driving in these roadways are experts or experienced for that matter. An unguarded motorcyclist is particularly vulnerable in this fast paced plane and it is most likely that vehicular accidents will take place.
Usually, accidents are on a case to case basis. Thus it might be crucial to get some expert witnesses involve when the case is being formed. In order to figure out the precise cause of the accident, it is recommended to consult experts in crash reconstruction or motorcycle mechanics.
These people can help in the case and actually pinpoint the potential cause. Given that a person claims a negligent action with an accident attorney, victims might not be able to recover as much damages. The doctrine of comparative negligence will most probably lessen or perhaps restrict the financial recovery fees given that any of the party was found to be partially at fault for their own injuries received.
States that are implementing “pure” comparative negligence rule, consider that all injured parties whose negligence is not completely considered as the primary and only cause of the accident are entitled to recover a certain amount that is also deducted by the individual’s proportionate share of fault. On the other hand, states that are implementing “equal to or greater than” rule of comparative negligence denote that the fault of the injured party cannot be considered as a bar to recovery of fees given that the person’s negligence is not equivalent to the negligence attributed to the defendant, therefore there is a reduction in damages in proportion to person’s degree of fault.
Thus in this kind of situations, it is important to find the rightful attorney that can help with the legal proceedings of such. There are countless attorney directories that people can use particularly if they need legal counseling. It is also important to make sure the lawyer is unbiased and cannot be swayed by any means. There are several reputable providers of legal assistance and it will do well to check out this organizations/institutions.
If you had an accident that led to serious head or brain trauma and you would like to know more on head injury compensation visit theheadinjurysite.com.

Review Safety of Energy Drinks containing Alcohol

2011-10-23T17:22:00.002-07:00

Apparently The Federal Drug Administration has asked 30 energy drink manufacturers on Friday for the information about their products and has also given them only 30 days to comply, this comes from a news release at the AG’s office.
llinois Attorney General Lisa Madigan has indicated that she is well concerned about the effects of these energy drinks, and that they pose a risk, because they are extremely dangerous when in the hands of young people. She has also cited the most recent results and studies that have shown how the caffeine is masking out the alcohol.
According to the various sources the Federal Drug Administration has not yet approved caffeine in alcoholic beverages. While there have been previous attempts to stop the production of these drinks, they have been only successful to a degree and have resulting in production being ceased for only a handful of manufacturers.
The other alcoholic energy drink manufacturers have swiftly stepped in to meet demand of the market. Back In the year of 2007, Madigan has tried to urge Alcohol and Tobacco Tax and the Trade Bureau to stop the misleading claims that were being made by alcoholic energy drinks.

Admiralty & Maritime Attorneys and Lawyers

2011-10-23T17:22:00.000-07:00

Protect your interests by speaking to an Admiralty and maritime attorney about any applicable deadlines, procedural requirements, necessary documentation and other legal issues that you may never even have considered.
Admiralty & Maritime law is complex, but with help from an Admiralty & Maritime attorney, you can learn about the procedures and requirements associated with Admiralty & Maritime law and determine the best course of action for you. AttorneyFind makes it easy for you to locate an Admiralty & Maritime attorney near you so that you can get assistance with your legal issues.

Personal Injury Crash Accident ends up in a DUI / DWI Arrest

2011-10-23T17:21:00.001-07:00

The Morrisville State Police ran investigation of a single vehicle personal injury accident on the corner of the Erieville Rd at Hardscrabble Rd the Town of Nelson.
The police Investigation has showed that an 1998 Toyota Camry vehicle was going northbound on corner of the Erieville Rd when the vehicle driver lost the control and attempted to exit the east shoulder while striking the main guiderail. The vehicle driver then exited the west shoulder and went striking the ditch. The driver and the passenger were offered assistance.
The vehicle operator was Jonathan V. who was of age 19 and was subsequently arrested for DUI / DWI. He was processed at the SP Morrisville, where they took a breathalyzer sample of .16 BAC%. Later he was charged with DUI / DWI, also driving with BAC greater than .08% and also unsafe speeding. Passenger in the vehicle who was with him at the time Eric J. age of 21 has suffered multiple facial lacerations in the mentioned accident. The passenger was being treated at the scene by the ambulance and then later on he was transported to Community Memorial Hospital where he was undergoing some further treatment.

A Bankruptcy Lawyer Can Help You Get a Fresh Financial Start

2011-10-23T17:20:00.002-07:00

Are you in a financial bind that just keeps getting worse? If you're afraid to answer the phone because your creditors won't stop calling, you're facing foreclosure or you're worried that your car is going to be repossessed? Many people in these situations choose to file bankruptcy as a way to get a fresh start.
Chapter 7 Bankruptcy
Chapter 7 bankruptcy is often an option if you have a lot of unsecured debt and not much property you want to keep. Chapter 7 bankruptcy is also known as liquidation because the bankruptcy trustee can sell your nonexempt property to pay creditors a part of what you owe.
However, most people who file for Chapter 7 bankruptcy have little - if any - property that is not exempt. Exemptions vary from state to state, and a local bankruptcy lawyer can explain the exact exemptions available to you.
Chapter 13 Bankruptcy
Chapter 13 bankruptcy may be a sensible option for those who have a regular income and debts that are secured by property they want to keep, like a mortgage on their home or a car loan.
In a Chapter 13 bankruptcy case, you submit a 3 to 5 year repayment plan. If the plan is approved by the bankruptcy trustee, you make monthly payments to the trustee, who pays your creditors.
Chapter 13 bankruptcy can give you the breathing room you need to catch up on past-due mortgage and car payments without the threat of foreclosure or repossession. If all payments are made in accordance with your plan, any remaining dischargeable debts can be eliminated at discharge.
Chapter 11 (Corporate) Bankruptcy
Chapter 11 bankruptcy is a corporate reorganization plan that allows a company to continue to do business while taking control of its debts. A Chapter 11 bankruptcy petition may be voluntary or initiated by one or more creditors.
The debtor business files a reorganization plan and continues with the day-to-day operations of the business according to that plan; however, the business operations are monitored by the U.S. Trustee and a committee of creditors.
A bankruptcy attorney who handles business bankruptcy cases can explain the specifics of Chapter 11 bankruptcy as it applies to your particular business operation. Learn more about your bankruptcy options by connecting with a local bankruptcy attorney through AttorneyFind today.

Bankruptcy-Creditors Attorneys and Lawyers

2011-10-23T17:20:00.000-07:00

Protect your rights and interests by speaking to a local attorney practicing bankruptcy-creditors law. Understand any applicable deadlines, procedural requirements, necessary documentation and other legal issues that you may never even have considered with help from a local attorney.
Bankruptcy-creditors law can be complex. Connecting with an attorney practicing near you will help you make legal decisions that may affect your future. A bankruptcy-creditors attorney can explain the procedures and requirements and help you determine the best course of action for you.

Reviewing your Insurance

2011-10-23T17:19:00.001-07:00

Some people don’t have the habit of reviewing their life insurance policies. But bear in mind that an insurance could be a vital part of your financial strategy or estate plan.
You can buy a life insurance policy and make your spouse or children as beneficiaries. Business owners can also use a buy-sell agreement funded with an attached life insurance so that surviving owners may buy the company’s interest in case of a deceased partner. In the same token, key-person insurance assures business aid when one of the core employees passes away.
However, there is a downside to this. Life insurance proceeds form part of your taxable estate and your beneficiaries may be heavily taxed when you pass away. One alternative around this law would be to allow your children or other beneficiaries to own your policy. You can give gifts to your kids for the acquisition of the insurance - it’s like pooling their money and buying the policy for you. Another way you can remove the proceeds of your life insurance from your taxable estate is to get irrevocable life insurance trust.
Life insurance can help you build wealth. It can also be useful for employee benefits, business continuation, education planning, retirement planning, and estate planning.

Advice from a Tax Attorney

2011-10-23T17:18:00.003-07:00

The common saying is that the only guarantees in life are death and taxes. Taxes play a part in almost everything we do. Whether you're planning for college or planning for retirement, there are tax implications that you should be aware of.
Tax attorneys can help not only when you're being audited, but also by showing you how to save money with proper planning.
Trouble with the IRS
Millions of people file taxes every year, and some get audited. An audit is a formal examination of your personal or your organization's financial situation.
A tax lawyer can help explain what's happening and how to prepare for an audit. If you have unpaid taxes, a tax attorney can help you settle past tax debt.
It's always best to address these problems as soon as possible, before penalties and interest begin to mount. A tax attorney help you get back on track and also help you plan so it doesn't happen again.
A Tax for Every Occasion
Almost every major event in your life has tax implications, including income tax, property tax, sales tax, change in tax status, dependents and tax credits and estate tax.
There is a tax for almost everything and tax laws that dictate how these taxes apply to you. Almost everybody has to pay taxes, but advance planning and the advice of an attorney can help you avoid unnecessary tax consequences.
A Tax Lawyer Can Help You Plan
Tax laws can be confusing. The Internal Revenue Code is hundreds of pages long, and tax laws are change regularly. New forms of tax relief emerge all the time, but not everybody knows what they mean or how to use them.
A tax attorney can help you take advantage of these new laws, while still acting in compliance with tax laws. Connect with a local attorney familiar with tax law through AttorneyFind today.

Banking Attorneys and Lawyers

2011-10-23T17:18:00.001-07:00

Learn about banking law from a local attorney so you can find out the best course of action to take for your interests. With help from an attorney near you, find out about deadlines, requirements, documentation and other legal issues. Speak to an attorney familiar with banking law to protect your rights today.
Learning about banking law is the first step toward making good legal decisions. A banking attorney may be your best educational resource. Learn about the procedures and requirements associated with banking law to help you determine the best course of action with a local attorney.
Get assistance with your legal issues by connecting with a local attorney through AttorneyFind.

Your Will May be Fake

2011-10-23T17:17:00.001-07:00

Many people are getting scammed when they seek assistance in writing their wills. A lot of solicitors can draft wills; however, these solicitors are not properly trained nor qualified to do so. In fact, there are many will-writers who don’t need to be regulated by Law Society before they offer their services.
According to a Liberal Democrat spokesperson for regulatory reform, enterprise, and business, Lorely Burt, “It’s no exaggeration that will-writing has now become a hunting ground for dishonest, incompetent, and fly-by-night operators.” Some offer a low fee but would keep adding extra charges for extra services and some involve outright scamming.
Since will-writers are not regulated, some problems also arise out of incompetence. For instance, an old lady wants to exclude her son from inheritance since he stole from her in the past. She made a will for her estate to be given to her care givers instead. But since she just used a will-writer who advertised in the local paper, her will was challenged by her son. And since it has been witnessed and drafted incorrectly, the will was declared invalid – effectively, she has no will and her son actually inherited everything after all.
Therefore, be very careful in looking for assistance to draft your will. To be safe, seek help from qualified estate planning attorneys. You can find many of them in online directories all over the web.

Training, Other Qualifications, and Advancement

2011-10-23T17:11:00.003-07:00

Education and training. Becoming a lawyer usually takes 7 years of full-time study after high school—4 years of undergraduate study, followed by 3 years of law school. Law school applicants must have a bachelor’s degree to qualify for admission. To meet the needs of students who can attend only part time, a number of law schools have night or part-time divisions.

Although there is no recommended “prelaw” undergraduate major, prospective lawyers should develop proficiency in writing and speaking, reading, researching, analyzing, and thinking logically—skills needed to succeed both in law school and in the law. Regardless of major, a multidisciplinary background is recommended. Courses in English, foreign languages, public speaking, government, philosophy, history, economics, mathematics, and computer science, among others, are useful. Students interested in a particular aspect of law may find related courses helpful. For example, prospective patent lawyers need a strong background in engineering or science, and future tax lawyers must have extensive knowledge of accounting.

Acceptance by most law schools depends on the applicant’s ability to demonstrate an aptitude for the study of law, usually through undergraduate grades, the Law School Admission Test (LSAT), the quality of the applicant’s undergraduate school, any prior work experience, and sometimes, a personal interview. However, law schools vary in the weight they place on each of these and other factors.

All law schools approved by the American Bar Association (ABA) require applicants to take the LSAT. As of June 2008, there were 200 ABA-accredited law schools; others were approved by State authorities only. Nearly all law schools require applicants to have certified transcripts sent to the Law School Data Assembly Service, which then submits the applicants’ LSAT scores and their standardized records of college grades to the law schools of their choice. The Law School Admission Council administers both this service and the LSAT. Competition for admission to many law schools—especially the most prestigious ones—is usually intense, with the number of applicants greatly exceeding the number that can be admitted.

Administrative Law Attorneys and Lawyers

2011-10-23T17:11:00.001-07:00

Administrative Law can be complex, and you may not have the technical knowledge necessary to effectively protect your rights. Make sure your interests are fully protected by learning about any applicable deadlines, procedural requirements, necessary documentation and a host of other legal issues with help from an attorney practicing in Administrative Law near you.
Learning about Administrative Law can be the first step toward making good legal decisions, and an Administrative Law attorney might be your best educational resource. Find out about the procedures and requirements associated with Administrative Law and determine the best course of action for your case by speaking with an Administrative Law attorney. AttorneyFind makes it easy for you to locate an Administrative Law attorney near you so that you can get assistance with your legal issues.

about Drunk Driving Law

2011-10-23T17:10:00.001-07:00

At AttorneyFind.com, you can find local attorneys practicing in drunk driving law. A local DUI lawyer can help with prosecuting people who have caused a drunk driving accident, securing compensation on behalf of a drunk driving victim or producing a drunk driving defense for an accused driver. Learn about how to handle your case in context with the law and get advice on the next steps to take with help from a local attorney.
In every state, driving under the influence (DUI) is a serious crime. But in the complex maze of statutes, precedents and laws dedicated to this offense, both drivers and victims may not realize the extent of their rights.
In DUI law, both victims and accused drivers have rights. A local attorney can explain your rights in your case and help you protect your interests. Even when a law appears pretty clear, a local DUI attorney can find out if your case is an exception to the rules.
A DUI, also known as driving while intoxicated (DWI) or operating while intoxicated (OWI), is usually misdemeanor crime, but often comes with stiff penalties. If you are prosecuting a DUI perpetrator, consider finding a DUI lawyer who can help you pursue your rights.
If you are a driver who has been unfairly treated by the system, a local DUI lawyer can help you find the evidence to mitigate the accusation and make sure your rights haven’t been violated. Learn about defenses you may be able to use in your DUI case.
Get advice on handling your DUI case by connect with a local DUI lawyer at AttorneyFind today.

Lawyers and Legal Information

2011-10-23T17:09:00.001-07:00

Whether you need an attorney for the first time in your life or are in a business that quite often relies on help from an attorney, it's important to find representation you are comfortable with. Legal issues are a major part of everyday life, and AttorneyFind makes it much easier by helping you connect with the legal advice and representation that you?re looking for.
Whether you've been injured because of another person's negligence, arrested for a DUI, or need help with your tax and estate planning, a local attorney may be your best source of information. While finding the right attorney may be challenging, AttorneyFind makes the process as easy as possible.
Provide AttorneyFind with the state you live in and the the legal area that you need, and get in touch with an attorney who practices near you and in the specific area of law for your needs. Let an attorney take care of all the legal details, procedures and deadlines, while you focus on your personal needs.

If you've never needed an attorney before, you may feel like you have no idea of where to turn. It can be very difficult to find the right attorney for your needs based on television commercials, billboards, yellow page ads and even other Web sites.
Attorney Find lists 70 categories of attorneys to help you find the type of attorney you are looking for, even if it's a lawyer for a more unusual niche. Listings include lawyers for personal injury, criminal defense and estate, as well as niches like civil rights, securities arbitration and aviation law. All of these practice areas are divided into separate categories to help make your search for an attorney easier.
Use Attorney Find resources to learn about the law and get in touch with an attorney today.

Life After Bankruptcy

2011-10-23T03:36:00.001-07:00

LaithPersonal bankruptcy generally is considered the debt management option of last resort because the results are long-lasting and far reaching. People who follow the bankruptcy rules receive a discharge - a court order that says they don't have to repay certain debts. However, bankruptcy information (both the date of your filing and the later date of discharge) can stay on your credit report for 10 years, and can make it difficult to obtain credit, buy a home, get life insurance, or sometimes get a job. Still, bankruptcy is a legal procedure that offers a fresh start for people who have gotten into financial difficulty and cannot satisfy their debts.
The recovery process for individuals who have declared bankruptcy can be long and arduous, but it does not have to be debilitating. Here are a few steps you can take to help regain control of your financial situation:
» 1) Maintain a job. If you don’t already have one, it is crucial that you get and maintain a job as soon as possible. Being productive again and maintaining a stable source of income is vital to the recovery process. A stable employment history shows creditors that you are reliable and ensures a more sustainable financial future.
» 2) Act responsibly. Though it may seem obvious, many people who have filed for bankruptcy still fail to take a critical look at their spending habits after their case has ended. Understand where you have invested your money and review your savings and expenditures monthly. Ensure a clean post-bankruptcy credit record by staying current on all of your monthly bills and avoiding high-risk investments. Plan ahead for rainy days and emergencies by setting aside cash reserves or finding adequate insurance to protect your remaining assets and family.
» 3) Rebuild your credit. Reestablishing good credit after filing for bankruptcy is essential in your recovery process. For more information about rebuilding your post-bankruptcy credit score, visit Bankruptcy and Credit.

After Bankruptcy: Avoid High-Fee Credit Cards

2011-10-23T03:35:00.001-07:00

For various reasons, most are eager to re-establish credit. It may be in an effort to rebuild credit scores so as to qualify for a mortgage or low-rate automobile loan; it may be the need for a credit card for transactions like hotel reservations and car rentals; it may simply be that the consumer is in a hurry to "start over" financially.

Whatever the motivation, the knowledge of limited options and a sense of urgency are a dangerous combination.

One of the most frequently offered options for post-bankruptcy or other high risk credit applicants looks and works just like any other major credit card, but costs far more.
One issuer of major credit cards for those with "less than perfect" credit charges an account set-up fee of $29, a program fee of $95, an annual fee of $48.00 and an annual participation fee of $72.00.

Of course, the consumer doesn't get to know what his credit limit will be before applying, except that it will be at least $250.

With a $250 credit limit and the above terms, a borrower will have $72 in available credit-and an outstanding balance of $178!

Taking on debt and getting nothing in return is a bad move for anyone trying to impose order on his financial life, but in this case, the harm is even greater.

One of the main purposes of applying for credit cards after bankruptcy is to re-establish credit, but carrying a high balance relative to available credit hurts credit scores.

Low-Cost Bankruptcy Lawyer

2011-10-23T03:34:00.001-07:00

Choosing a low-cost bankruptcy lawyer in New Jersey may not be something that you want to do. It may end up being the only option that you have to help you repair your financial difficulties. Finding a cheap bankruptcy lawyer that you feel you can trust and that has the experience in your particular area of bankruptcy could be the most valuable step you take towards filing your bankruptcy.

New Jersey bankruptcy lawyers will understand the difference in the types of bankruptcy that are available in your state. Most people think about Chapter 7 Bankruptcy which is the straight bankruptcy that basically eliminates all debt. There is also Chapter 13 that helps you reset your debts so that you pay them off with supervision by the court. Chapter 11 is mostly for businesses and Chapter 12 is used by farmers. A bankruptcy attorney can help you choose which bankruptcy will work for your needs.
You can file bankruptcy on your own but the right bankruptcy lawyer will have experience with the paperwork, the court system and even with the judges. Having a familiarity with the process can give you a much needed boost in getting your finances worked out to your best interest.
A bankruptcy attorney will not have an emotional attachment to the bankruptcy proceedings. He or she will be able to give you the advice you need to get your finances back on the right track while being objective about your options. Detachment will give the lawyer a clearer picture of the situation and the facts will be the only issue.

A good lawyer can help relieve some of the stress involved with the need to file bankruptcy. It is important that you choose a bankruptcy lawyer in New Jersey that you can trust. You may need to meet with several lawyers before you find the one that is the right fit for your situation. Consider the past experience, referrals and any special affiliations when making the decision.

How To File Bankruptcy

2011-10-23T03:33:00.001-07:00

While filing for bankruptcy can be a powerful tool for handling your debt, many individuals find it quite daunting. In order to determine your best course of action, it is essential that you stay well informed throughout the entire process.
Step 1: Know Your Status

The first important step for an individual who is filing for bankruptcy is to collect and get all of your personal financial information in order. This will include a list of all your secured and unsecured debts (you might find ordering your credit report helpful), tax returns for the last two years, deeds to any real estate you own, car titles, and any other loan documents you may have.
Step 2: Get Counseling

A person is required by federal law to seek consumer credit counseling from a counseling agency approved by the U.S. Trustee within six months of filing for bankruptcy protection. This is to ensure that the individual as explored all possible debt solutions before resorting to bankruptcy as the most suitable option.
Step 3: Select Your Option

The two most common bankruptcy types are Chapter 7 and Chapter 13. Chapter 7 bankruptcy involves the liquidation of your assets while Chapter 13 bankruptcy is a repayment plan. In order to be eligible for Chapter 7, a person must qualify via a means test. Talk to your attorney in order to determine the best choice for your situation.
Step 4: File Your Case

Once you have identified your most suitable bankruptcy option, official bankruptcy forms must be used to file and take action in bankruptcy cases. These forms, collectively referred to as the schedules, ask you to describe your current financial status and recent financial transactions (usually within the last two years). If you are filing a Chapter 13 bankruptcy, a proposed repayment plan must also be submitted with your petition. Once the bankruptcy petition is completed you will need to file the petition with your local United States bankruptcy court. The fee for filing a Chapter 7 bankruptcy is $200 and the fee for a chapter 13 bankruptcy is $185.
As soon as your case has been filed an "Automatic Stay" goes into effect and your creditors are required to stop hounding you.
Step 6: The Meeting of Creditors

Approximately one month after filing your petition, you will be contacted for a first meeting of creditors, often called a "341 meeting." The trustee assigned to the case presides and asks questions about the contents of the bankruptcy schedules. The debtor must appear at the meeting and answer questions under oath about his assets and liabilities. Most 341 meetings are very brief and uneventful; the debtor does not have to justify filing bankruptcy; no rights are won or lost at the 341 meeting. Creditors are invited to the meeting and are permitted to ask the debtor questions under oath, though in most cases creditors will not attend. If there are no challenges, you will receive a notice from the court, usually within four to six months, that the bankruptcy is discharged.
Step 7: Evaluating Your Assets

In a chapter 7 case, the trustee will determine whether or not there are assets that can be liquidated and used to repay your creditors. If the trustee determines that all your assets are exempt, a report of no distribution will be filed with the bankruptcy court. If the trustee determines that there are non-exempt assets, they will be sold and payments may be made to your creditors. In a chapter 7 case, you may never have to pay a creditor back. In a chapter 13, you will be required to enter into a 3 to 5 year plan, in which you will pay creditors as much as you can over time, taking into consideration the BAPCPA means test.
Step 8: Notice of Discharge

The 60th day after your meeting of creditors is the deadline for creditors to formally challenge the discharge of your debt. If no such lawsuits are filed, you will receive notification of a discharge of debt shortly after that 60th day you. A discharge signifies that you have no further obligation to repay the discharged debt and that your creditors can never collect the debt from you.
If you filed under Chapter 13, you will receive the notice of discharge approximately 30 to 60 days after your final payment has been made and the trustee ensures your payment plan has been followed and completed. Not all debt is discharged in a chapter 7 or 13 case, including student loans and certain taxes, so you may not be completely relieved of the obligation to repay all debt. Whether or not a debt is discharged depends upon certain Bankruptcy Code provisions, and with respect to some debts, whether or not a creditor succeeded in convincing a judge that your debt to that creditor should not be discharged.

Types of Bankruptcy

2011-10-23T03:32:00.001-07:00

Deciding on the proper type of bankruptcy for you depends on your current financial situation and assets. Some people will qualify for both Chapter 7 and Chapter 13 and will be able to choose whichever type of filing they prefer. Others, however, will only qualify for one type of filing and will need to decide if bankruptcy is their best financial option.
Chapter 7, frequently referred to as "liquidation" or "straight bankruptcy," is the fasted and most common form of bankruptcy in the United States. In a Chapter 7 bankruptcy, a debtor's non-exempt assets, if any, are sold (liquidated) by the interim trustee and distributed among creditors. The value of property that can be claimed as exempt varies according to state bankruptcy law. Eligibility to file Chapter 7 is determined by the means test instituted with the 2005 amendments to the bankruptcy code.
Chapter 13 involves the reorganization of a person's debts in order to repay his or her creditors. Unlike Chapter 7, which provides for more immediate and complete relief of a person's debt, a Chapter 13 bankruptcy filing requires the individual to pay back his debts over a 3- to 5-year period. Under the terms of Chapter 13, your unsecured debts (credit cards, loans, etc.) are combined into one category and a payment plan is developed based on income and acceptable expenses.
There are both advantages and disadvantages to filing either Chapter 7 bankruptcy or Chapter 13 bankruptcy. Before deciding on either option, it is best to enlist the help of a legal adviser to review your alternatives and obligations. By properly evaluating the pros and cons of both types of bankruptcy and basing your decision on your current situation, you will be better prepared to decide which bankruptcy route to go with.

Tips to Finding Low-Cost Connecticut Bankruptcy Lawyers

2011-10-23T03:31:00.000-07:00

Choosing a Connecticut bankruptcy lawyer is not a necessity for filing bankruptcy but it does make the process a little easier. There are a number of forms that have to be filled out, rules that have to be followed and consequences that will be lived with that come from bankruptcy. Finding a cheap Connecticut bankruptcy lawyer that has the experience to meet your needs is one of the most important steps to take to help settle your financial problems.

Cheap Connecticut Bankruptcy Lawyers

Start with the courts. Visiting the bankruptcy courts will not only help you find a good bankruptcy attorney but it will introduce you to the bankruptcy process and to some of the terms used during the process.
Let your fingers do the walking. Flip through the yellow pages and read some of the ads carried in the phone book. Look for those CT lawyers that specialize in bankruptcy.
Surf the web. Check up on the Connecticut bankruptcy attorneys that you find by searching for them and their law offices on the internet. You may find complaints or praises.
Ask for information. Talk to professionals in the financial industry that you trust. Get recommendations for the lawyer that will be the right fit for your needs and for your budget.
Fill out a free evaluation. The free information you get from spending that couple of minutes could lead you to the right legal professional that you are looking for to help you work through your bankruptcy. You will be under no obligation to use the information that you receive.
Take time to visit with the different bankruptcy lawyers before you make your final decision. You will need to know how much you will be charged for the legal advice and also how much the fees for filing will run. It is also important that you choose a lawyer that you feel comfortable working with and that you can trust.
Look for a specialist. The bankruptcy process can be difficult and frustrating. Finding a local bankruptcy lawyer with plenty of experience in your particular type of bankruptcy could save you a few headaches along the way. You also want to be sure that the attorney you choose or the law office is not so overwhelmed with cases that you will not get the attention that your case deserves.
Bankruptcy is a tough enough chapter in your life without adding additional stress. Although you can file bankruptcy on your own, a good bankruptcy lawyer in Connecticut with the right experience can help you work your way through the process. Having help will take some of the worry away from the process today and allow you to focus on your future.

How to Declare Bankruptcy?

2011-10-23T03:29:00.001-07:00

Do you wonder on how to file bankruptcy with the current budget that you have? Declaring bankruptcy is not an easy thing to do. This article will teach you the three different ways on how to file for personal bankruptcy. Pick the solution that works best for your current budget.

The Safest Method: Hire a Personal Bankruptcy Lawyer

You should first consider the posibility of hiring an affordable bankruptcy lawyer full-time. This method is the safest way because your attorney will guide you through the entire process. The attorney will be the one to prepare your case and file it to the Federal Bankruptcy Court. The only downside to this method is that it is expensive if you don’t know how to screen lawyers to your advantage. There is a smart way of testing this method without spending a single dollar. Most lawyers offer a free initial consultation online or over the phone with no obligation to hire. Take advantage of those free offers! Don’t just find a lawyer — you should find the RIGHT local lawyer for your budget.

Benefits of Filing Bankruptcy

2011-10-23T03:28:00.001-07:00

Filing bankruptcy is a legal option for those struggling with debts that they cannot afford to pay. While personal bankruptcy is often seen as a last resort, the truth is that bankruptcy laws offer legal protection that most other debt-relief options do not.

Deciding if bankruptcy is the right choice and determining if you are eligible to file depends on your unique situation. Let a local attorney assess your financial needs in a free case evaluation. Connect with a bankruptcy lawyer near you today – just fill out the form on this page to get started.

Bankruptcy Protections – What Are They?

Personal bankruptcy offers two key legal protections – one that begins the moment that you file bankruptcy and one that take effect when your case is finished.

The first is called the Automatic Stay. This is a court order that makes it illegal for your creditors to call you, send letters for payment, or garnish your wages during your case. It can also halt foreclosure and repossession efforts in their tracks. The automatic stay typically goes into effect once the bankruptcy court clerk receives your bankruptcy petition and last for the duration of your case.

Midlands universities prepare to launch first joint legal panel

2011-10-23T03:26:00.001-07:00

“The main driver behind this is to collaborate with other universities in order to achieve cost efficiencies and savings for all universities in the region,” he said. “We also want to provide a flexible framework of service providers that can cover all specialisms of legal services that universities within the region can easily access.”

The shared panel is expected to be appointed by October or November and will include six categories of services: commercial, contracts, IP and data protection; employment and pensions; property and construction; regulatory, student issues and governance; patents and trademarks; and the European Regional Development Fund.

The framework agreement will last for three years with an option to extend by a further year and will be available for other universities to join.

Doing Simple Things for a Happy Marriage

2011-10-22T18:36:00.000-07:00

Love for your partner is further strengthened with the help of marriage. In order for a marriage to last, you must also take time to make your partner feel special and good about himself/herself.
You wouldn’t want to throw a blissful marriage down the drain with a costly and harrowing divorce. We are here to show you the main reasons as to why marriages lose spark after the wedding day.

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A major reason for the partner’s loss of intimacy is they no longer feel the same special attention that they previously enjoyed. This problem can be solved by showing your loved one the same romantic affection that you have given her or him when you first started off. We show you a couple tips in order to keep that loving fire burning and make your marriage last. http://lawyer-help.blogspot.com/
• Appreciating the simple things that your spouse does and giving it utmost importance.
• Grab every opportunity to say “I love you” and mean it.
Divorced couples tend to tell people that the reason for their loss of affection for one another is because they felt that they didn’t show feel their love for one another. Being expressive and vocal at the same time gives that assurance that you are the only person in spouse’s wife and no one else.
• Do something unplanned every now and then. Go out-of-town this weekend, dine Friday night in your favorite restaurant, or how about a movie marathon on Saturday just in the comforts of your home.
• Everyday, make sure that you have an alone time, just the two of you. Sit down and communicate. Spend at least 20 minutes talking before going to sleep.
• Learn to be thankful for every little thing and effort your spouse does. Bringing you the coffee, removing your shoes and packing your lunch.
• Understand that there will be disagreements but also you need to learn to respect and share. Don’t be afraid to day that you’re sorry.
• As much as you can, hold hands, even when sleeping, even when walking down the street. Kiss and hug each other everyday. It matters.
The mere fact that you give deep appreciation to your spouse is more than enough to make her feel special. Doing these simple things will makes a happy married life.

Despite the increasing number of separated and divorced couples, there are still those who long for a lasting and happy marriage. Here are some ways to do it.
• Be each other’s best friend. Remember that you and your partner are a team. Deal with your problems together. It will lessen the burden and it can be resolved easily.
• Enjoy the same thing together. If your spouse likes sports, learn to love it as well. Be open to try and explore new activities together. Have fun.
• Conflicts will arise no matter how much you’ll avoid it. When your partner is angry, try to be understanding instead of arguing back. Try to listen why he/she is upset in the first place. Never mention the mistakes did in the past and settle any arguments before you go to bed.
• It does not need to be Christmas or your anniversary to prepare a surprise dinner for your spouse. Do something they’ll never expect once in a while. Place a lovely bouquet on your bedside table before your wife wakes up or treat your husband to a concert of his favorite rock band.
• Learn to appreciate and compliment your spouse at least once in a day. Not only vocally but make them feel that you are proud of them. Encourage and affirm one another at all times.
• Don’t be stubborn. Set aside your pride and admit your mistakes.
• Spend some special time alone with your partner. Take some time out and bring back the romance in your life.
• Include your spouse in your plans and don’t ever take them for granted.
• Respect your partner. Give them the space if you think they need it.
• Enjoy little things. Laugh together.

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When the relationship was young, when the marriage was young, it was easy to behave respectfully. You wanted to do nice things for her. So you opened her car door, you brought her flowers, you cleaned up a mess. Today it might be different. Today, there may be kids, job pressures, a house to maintain, bills to pay. However the work is divided, chances are you’re doing more and you have less time. It’s easier now to be critical. Perhaps she doesn’t look the same as she did pre-children (c’mon, do you?) Perhaps the kids are too loud when you get home from an exhausting day working. Perhaps the dinner is cold, or your shirt isn’t clean, or the fridge is out of milk, or the bathroom is out of toilet paper. http://lawyer-help.blogspot.com/
Think deeply about this. If a spouse loses a job, for example, degrading remarks as to worthlessness are not only crushing to ones esteem, much less motivating to find another job, but also builds a towering wall of anger and hostility between a couple. Instead open the door to marriage crisis help by unlocking the power of respect and invite into your marriage forgotten courtesy, consideration, admiration and kindness.
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Everyone who is in a relationship argues. Everyone, with no exemption. Somehow, somewhere in your life as a married couple, there will be conflicts and differences. Couples who don’t know how to handle arguments and problems will only lead to divorce. Almost everybody doesn’t like broken marriages or family. As much as possible, if they can, they want to save their marriage.
If your relationship is in trouble but still you want to save it, you must do something about it. Reminisce those things you do in the past. What is it that made you fall in love with each other? Are there any activities that you do together before? Do these things again. Try courting your wife like when you are not married yet, send her flowers and chocolates. Cook your husband’s favorite food when he gets home from work.
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What makes wedding planners successful is their particular finesse in producing exceptionally stunning weddings, with a knack for intricate craftsmanship and experience. They know how to pull a few strings with the vendors just to provide you with what you want. They can reduce the overall cost of your wedding. They can present you with wedding planning ideas that will give that big day of yours a unique touch. They have an excellent skill when it comes to organizing and scheduling, the seating arrangements of the guest, meet with the vendors, make sure that the photographer doesn’t miss any precious moments, and confirm that every delivery must arrive at the right place and at the right time.http://lawyer-help.blogspot.com/

INFORMATION REGARDING OREGON DIVORCE LAW

2011-10-22T18:29:00.000-07:00

Try counseling first. Chances are you don't know everything, just like the author of this advice.

Having said that, here is some basic information regarding divorce or as it is now called in Oregon, dissolution of marriage. Please remember, this information only applies to Oregon and is of a general nature.
Every case has its own particular set of circumstances. Other states have different rules.http://lawyer-help.blogspot.com/

The information contained on this site is not meant to provide or constitute legal advice for a particular person. If you need legal advice you should see an attorney licensed to practice in your jurisdiction for specific legal advice as to your problem. Every legal problem is unique and a few facts or different laws of different states can effect what advice an attorney would give you. Talk to a licensed attorney for legal advice.

What is a dissolution of marriage?

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A dissolution of marriage, formerly referred to as a divorce, is the legal act of terminating a marriage when, in the opinion of the judge, differences between the parties have caused the irreconcilable and permanent breakdown of the marriage. In practical terms if one person says there are irreconcilable differences, a divorce will be granted.

What is meant by the term "no fault"?

"No fault" dissolution means that the judge generally will no longer permit or require evidence of specific acts of misconduct or fault in granting a dissolution of marriage, except where child custody is an issue, and then the misconduct must relate to the care and custody of the child.

What are the Oregon residence requirements?

Except for rare circumstances, at least one party must be a legal resident of this state for six months prior to the time a petition for dissolution of marriage is filed. Members of the armed forces who maintain their legal residence in Oregon may file here despite being temporarily stationed elsewhere.

When will my case go to court?

A dissolution of marriage case may not go to court normally until ninety days have passed after service of the summons and petition. However, if any matters are contested, the waiting period may be substantially longer. In some cases it is possible to get the Court to waive the 90 day waiting period. In many cases the parties agree as to what the divorce decree should say and never actually appear in court. If one party fails to respond to the initial petition and summons the other party may obtain a default decree and final judgment that is binding on the other party.

What should I do if I am served with a summons and petition?

(a) You should see an attorney immediately and review all of your options with her or him. A divorce substantially affects your property and personal rights. If you fail to respond to the petition you may suffer substantial loses of money, child custody, property, etc. After reviewing the matter with competent counsel you may decide to contest the matter, allow the other party to have the divorce without any contest or you may attempt to negotiate a settlement. In most cases, settlements are negotiated on such issues as child custody, support, spousal support, distribution of property and sharing of pension plans.

(b) You may contest custody, child support, alimony and property division by appearing in court and filing appropriate legal papers. You should see an attorney for help with this procedure.

What court procedures are involved?

(a) A dissolution of marriage proceeding is always heard by a judge, without a jury. Your attorney will prepare you for the hearing by explaining your role and court procedures. In many cases an appearance may not be required if the parties negotiate a settlement or one of the parties fails to respond to the petition for dissolution.http://lawyer-help.blogspot.com/

(b) Temporary orders may be issued concerning restrain, custody, support, visitation of children and costs prior to the final hearing on your dissolution. In the case of abuse it is possible to go to court immediately without an attorney and without paying fees to get immediate help in the form of a restraining order. The other party will have an opportunity to request a hearing on the restraining order.

Who will get custody of the children?

In a dissolution of marriage proceeding the main concern of the judge is the best interest of the children if there is a dispute over custody, support or visitation. The property rights and the welfare of the adults involved are secondary to that end. Oregon law provides that no preference be given to the mother or father regarding custody. The following factors, among others, influence the judge's decision on custody.

Ages and sexes of the children;

Compatibility with each parent;

Ability of each parent to take care of the children;

Personal characteristics of each parent and their past and present personal conduct.

Depending on the age of the child, the child's preference.

7A Who will support the child(ren)?

In most cases the Court will require the non-custodial parent to pay reasonable child support until the child reaches the age of 18 or 21 if regularly attending school or unless emancipated. The amount per child varies with the circumstances of each case.

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The actual amount of child support may differ depending on the desire of the parties, their income, the attitude of the judge, and the skill of the attorneys involved. It is not unusual for an order to provide that child support in the sum of at least $150 to $250 per child per month be paid or more depending on the parties income. Support is initially determined in Oregon by the use of guidelines prepared by the Support Enforcement Division of the State Department of Justice. These guidelines establish a presumptive amount of support. The presumptive amount may be rebuted, either upwardly or downwardly, depending on individual circumstances.http://lawyer-help.blogspot.com/

Support orders are periodically reviewed by the Support Enforcement Division of the State of Oregon. You can also seek review of such orders by hiring an attorney to help you. http://lawyer-help.blogspot.com/

Under Oregon law child support is set by using the Support Guidelines that are put out by the Department of Justice. There are exceptions to these guidelines. Such support orders also require that medical insurance be purchased or obtained if available and other medical bills be paid or shared by the non-custodial party. Adjustments are allowed for the parent paying for health insurance. The support calculations will also allow for part of the cost of child care of the custodial party.

Will either party be required to pay spousal support?

1. The judge will consider the following factors, among others, to determine whether support of a party to a dissolution is appropriate:

The duration of the marriage;http://lawyer-help.blogspot.com/

Ages of the parties;

Their health and physical conditions;

Their work experience and earning capacities;

Their financial conditions, resources and property rights.

The Court will also consider whether spousal support should be ordered on a temporary or permanent basis The law regarding spousal support was changed by the 1999 Legislature and the changes are contained in ORS Chapter 107.

What about division of property?

1. In determining division of property, the judge will consider the following factors, among others:

The length of the marriage;

Amount of property brought into the marriage by each party;

The amount of property available for division;

The financial needs, prospects, ages and health of both parties and their children;

Education, work experience and income of the parties.

Amount of retirement pension that has been earned during the marriage.

This is an area of the law which is constantly changing and the help of a skilled attorney is highly recommended.

What is a property settlement agreement?

A property settlement agreement is a written contract between the parties listing and dividing the martial property and financial obligations. It may also be used in settling custody, child support and alimony in accordance with the free wishes of the parties. Although a property settlement agreement is encouraged, it will be subject to the judge's approval. Also a recent Oregon Supreme Court case has cast doubt as to whether all provisions of a Marital Agreement are enforceable so make sure you review this with your attorney and don't do it yourself.http://lawyer-help.blogspot.com/

Can the wife have a former name restored?

Upon request, your attorney in the dissolution proceeding may petition to restore a former name and the judge may grant the change.

What is a decree of dissolution?

A decree of dissolution, now called a Judgment of Dissolution, is the final legal document in a divorce case signed by the Judge, restores the parties to the status of unmarried persons,and may become effective immediately in Oregon on signing unless specifically stated otherwise in the judgment. This is a change from the old law. Make sure you read your decree to be sure of the effective date.
The judgment of dissolution also sets forth the amount of child support that needs to be paid, the property division, who gets custody and other important decisions relating to the termination of the marriage.

Who should draft the court papers and advise me of my rights, duties and expectations?

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The legal problems and consequences involved with dissolving a martial relationship require professional judgment which should come from an attorney. Beware of the so-called "do it yourself divorce" and other nonprofessional advice. You may have to live with a bad decision for a substantial period of your life if you don't get good advise. For instance, property decisions are not modifiable under most circumstances and child support judgments, although modifiable, are not generally favored by the court unless you can show a material change in circumstances.

What are the court costs?

Have your attorney advise you of the court costs in your county. In Lane County as of July 2010 the filing fee for a divorce petition is $260 as of October and a response to a divorce petition is $260.http://lawyer-help.blogspot.com/

In addition, there are costs for serving papers, and trial fees. Also if you take depositions, the sworn and reported statements, of a party, that will increase your costs substantially. Paying from $250 to $1,500 for transcribed depositions is not uncommon, depending on the length and type of deposition ordered. See if the other party will agree to tape recorded depositions or split the costs.

Some costs may be deferred or the other party may be required to pay the costs. In other counties in Oregon, additional fees may be charged for mandatory mediation services, etc. If child custody is an issue, mediation is required in Lane County but there is no additional charge for those services if you go through the county program.

What will an attorney charge?

The fee will depend upon the time spent and the circumstances of each case. Ask your attorney to explain fee and billing procedures to you at your first conference. You will be solely responsible for your attorney's fee regardless of the outcome of the dissolution and regardless of an award of attorney's fees in your favor. Some attorneys will charge a set fee and others will charge an hourly rate. Don't hesitate to ask for a written fee agreement or explanation. Remember not to mix up attorney fees with costs, they are not the same thing and costs are not included in the fee. If the attorney charges a retainer fee, make sure you understand whether or not it is non refundable or refundable and under what circumstances.

What is an annulment?

Under certain circumstances, your marriage can be declared legally void from the beginning. This is called an annulment.

What is a separation?

A separation, either temporary or for an unlimited time, may be decreed when differences between the parties have caused a breakdown of the marriage.

Should we reconcile?

An effective reconciliation may be a better solution than dissolution. You may wish to consult a marriage counselor or other professional. Review all your options and don't act out of anger.

What if I don't have money to hire an attorney, can I still get divorced?

Yes, you can. Legal Aid offices handle many divorce cases but due to funding problems they may not be able to handle all such cases. Call and ask the office in your area. If you are a student at college, your college may have a legal assistance office. Also, you can do your own divorce and if there are no property or custody issues you may be able to pick up the forms at your court house but remember the Clerks are prohibited by law to give you any legal advise, as they are not attorneys. As noted above, you should be represented by an attorney to minimize the possibility of problems.http://lawyer-help.blogspot.com/

Marriage in USA

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The U.S. government has a somewhat schizophrenic attitude toward marriage on a temporay visa and adjustment to permanent status in the U.S. The USCIS will say "don't do it" again and again, but if you "do it", they may well forgive you.

The procedure for adjustment based on marriage in the U.S. involves filing an I-130 Relative visa petition and I-485 Application to Adjust Status to Permanent Residence (and perhaps also a work authorization and travel document request as well) - and then the couple wa

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its for the meeting with a U.S. Citizen and Immigration Services ("CIS") examiner. The applicant remains lawfully present in the U.S. while the petition is pending. An interview between the couple and a CIS examining officer usually occurs in six to twelve months. During the interview, the examining officer will check carefully to make sure that the couple are in fact living together as husband and wife and that the marriage is not a "sham marriage" entered into for immigration rather than romantic purposes. This is standard procedure for all marriage based immigration cases, whether the marriage occurred overseas or in the U.S. But there's another very large issue in play if the couple married while the foreign national was on a temporary visa to the U.S. The couple must convince the examiner that when the foreign national entered the U.S. and promised to stay for a limited time, s/he was not in fact planning to marry and remain in the U.S. permanently. If the officer believes that the couple planned to be married in the U.S. before the applicant's entry on the non-immigrant visa, then this will mean that the applicant lied when (s) he promised that she will return to his/her home country when the visa was issued. In the jargon of immigration law, the Service will "retroactively impute immigrant intent" to the applicant at the time of receiving the non-immigrant visa, thereby rendering him/her ineligible to adjustment in the U.S., and subject to deportation.

The timing of the marriage relative to the date of entry of the foreign national is a critical issue in such cases. In general, the sooner the marriage after entry, the more likely the examining officer will think that the intent to marry was formed before entering the U.S. Many people refer to the "30/60/90 day rule" (sometimes the "30/60 day rule" based on the Foreign Affairs Manual standard) which roughly translates as marriage within 30 days of entry -> forget about adjustment in the U.S.; marriage between one and two months of entry -> adjustment is possible but you had better have very strong documentation of no prior intent; two to three months after entry -> getting easier; over three months -> the safest approach. However this "rule" is merely a rule of thumb as there are many other factors besides the timing of the marriage that go into the officer's decision of whether or not to grant the adjustment. Theoretically, it's possible to win an adjustment of a foreign national who married within days of entry. For example, let's say Mary went to a doctor feeling nauseous the day after her entry on a B-2 visitor visa, learns that she was pregnant for the first time, and the doctor recommends that she not travel anytime soon. Mary, being from a strict family, decides to marry her American fiancé the day after her doctor's appointment. Mary can show that she left a good job and countless other commitments behind in her home country, and that her abrupt and unplanned marriage in the U.S. caused her many problems, rather than just being a shortcut to adjustment. Not only does she have a great narrative, she has terrific documentation to support all of her claims. Further, Mary can handle herself with poise in an interview, and, she has the sense to hire Roth Immigration Law Firm to help her. We believe Mary gets the visa without having to go back home and wait many months to receive a visa from a U.S. Consulate.

On the other hand, a couple who marries six months after the foreign national entered on a temporary visa with a "clear conscience", fully intending to go home, but deciding to marry after entry, might nonetheless not be able to adjust status if they can't come up with the documentation needed to convince the examining officer that intent was formed after entry. In other cases (often!), couples shoot themselves in the foot by inadvertently including in their petitions information or documents that provide evidence for the officer that intent to marry in the U.S. was actually formed prior to the entry on the temporary visa. In still other cases, the examiner believe that the applicant worked unlawfully while on the temporary visa, thereby rendering him/her ineligible for adjustment in the U.S.

Same-Sex Marriage Pros and Cons

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The state of same-sex marriage is constantly changing. If you live in a state that allows same-sex marriage, or a similar legal union, there are many complex issues you have to evaluate before deciding whether it is right for you and your partner. Even if you live in a state with lesser domestic partnerships, many of the same issues apply. Here are some pros and cons of same-sex marriage to consider before taking the plunge.

Children and Your Rights

If you plan on having or raising children, your status as a couple greatly affects your rights regarding your children. In marriage, both partners have the same rights and responsibilities and in a divorce, both partners can seek custody and visitation rights like any married couple. Upon death, the remaining parent automatically becomes the primary legal parent. Absent marriage, this is generally not the case. If you choose to raise children without being married, the right to make decisions on things such as medical and school decisions will rest with only one of the parents and won't pass to a partner at death.

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Joint Property Rights

Marriage generally creates a presumption of joint ownership of property accrued during the marriage. The presumption is the opposite for unmarried couples, where your property will be presumed to be owned by whoever acquired it. Deciding which presumption works best for you and your partner can be helpful in deciding whether or not to get married.

While the Federal Government does not recognize same-sex marriages under DOMA (the Defense of Marriage Act), several states now recognize and issue licenses for gay marriages, while many others offer all or some state-level spousal rights to domestic partnerships. This recognition began with a landmark decision in November of 2003, when the highest court of Massachusetts handed down a decision that the prohibition of same-sex violated the state’s constitution. On May 17, 2004, Massachusetts was the first state to provide marriage equality for gay couples by issuing marriage licenses.
It would take nearly three years before another state followed the example of Massachusetts. In October of 2007, Connecticut’s Supreme Court voted in favor of gay marriages based upon the belief that not to do so would violate the rights of gay couples to receive equal protection under constitutional guarantees.
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As early as 2005, Connecticut’s legislature had decided to pass a same sex civil union bill, the first in the U.S. not pushed through by a court decision. This ruling paved the way for other states to follow suit, although it would take heated discussions and several years before much progress was made.
Although California’s Supreme Court ruled that gay couples can marry, this ruling is on hold due to the implementation of Proposition 8, an amendment to California’s constitution that defines marriage as existing between a man and a woman. An appeal has been issued, but results are still pending. All same-sex marriages that took place in California prior to Proposition 8 are considered valid, offering a touch of success for the time being and a sense of hope for the future.

Dividing Your Property

One of the effects of marriage's joint property status is that if you divorce, regardless of who is at fault, both partners are typically entitled to half of the property accumulated during the marriage. Note that this also applies to liability for debts. For unmarried couples, each partner typically leaves with whatever they accumulated and responsibility for debts in their name. Finally, married couples have a right to seek alimony, whereas unmarried couples may have to account for this in a pre-marriage agreement.

Death and Taxes

Marriage creates a legal framework for dealing with issues that result from death, whether regarding property, parental rights or taxes. To create these effects as an unmarried couple, significant time and expenses will have to be spent establishing a similar relationship by contract. Even then, some things can't be recreated through contract, such as freedom from inheritance and gift taxes.

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Another issue to keep in mind is the host of property-transfer taxes that by default don't apply to married couples, but do apply to unmarried couples. It can make moving assets around in a cost efficient way very difficult for unmarried couples.

Government Benefits

This is one of the largest reasons to get married, because the government provides a lot of benefits exclusively to married couples. A small sample of these benefits include Social Security benefits, health care benefits, nursing home care, and unpaid leave from your job to care for family members. Federal benefits are not available to same-sex married couples for the most part, but benefits may be available under state law.

Formalities

Marriage, for all of its pros and cons, requires that certain formalities be performed, which may or may not be what you want. Unmarried couples can get together, and break up, without all the formalities (and court hearings) required for married couples.

Immigration

Typically, legal marriage is the most reliable way of become a citizen in the U.S. The federal Defense of Marriage Act prohibits federal recognition of same-sex marriages, however, so a same-sex marriage won't have any effect on an individual's immigration status. In fact, getting a same-sex marriage can sometimes threaten the nonresident's visa application. At present, if one partner is a nonresident, it is generally advisable not to get married.

Decide What Is Best For You and Your Partner

Given all of the above issues and factors, spend some serious time with your partner considering same-sex marriage pros and cons. If immigration status isn't an issue, you plan on raising kids, and you're ok with taking on the other partner's debts, then getting married may makes sense. On the other hand, if immigration status is an issue, you don't necessarily want to be burdened with the other person's debts, or institutional marriage just isn't for you, then it may not be right for you. One final consideration involves the constant state of flux that same-sex marriage is still in. The list of which states support it, which have a quasi-marriage option available, and which states have rejected same-sex marriage is constantly changing. For instance in California, same-sex marriage was granted by court ruling, but then later overturned by popular vote. If you are determined to get married, waiting too long may cost you that option. Finally, always consider consulting a lawyer who is familiar with same-sex marriage and similar laws in your state. http://lawyer-help.blogspot.com/

Same-Sex Marriage Law

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States that Currently Allow Same Sex Marriage

With the same sex marriage debate occurring throughout the nation, it is no wonder that there are a few states that allow same sex marriages. As of January 2010, there are five states and one federal district within the US that recognize and allow same sex marriages. Massachusetts, Connecticut, Vermont, New Hampshire, Iowa and the District of Columbia all have laws that allow same sex marriages.

In 2003, Massachusetts made national news when it became the first state in the nation to legalize same sex marriages when the state's Supreme Court ruled that the denial of marriage rights to same sex couples was a violation of the equal protection clause of the Massachusetts Constitution. Despite repeated attempts to amend the state's constitution to explicitly define marriage as between a man and a woman in the years following this landmark decision, the state of the law remains the same.

California was the second state to allow same-sex marriages, but voters in the state rescinded that right through a ballot initiative on November 4, 2008 (see below).

In November 2008, Connecticut became the third state in the union to legalize the marriage of gay and lesbian couples. In Connecticut, same sex couples enjoy the same rights and responsibilities as opposite-sex married couples.

In early April, 2009, Iowa's Supreme Court held that the state's law defining marriage as solely between a man and a woman violated the state's constitution. The first same sex marriages were performed in Iowa later than month.
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In September 2009, Vermont became the fourth state in the nation to legalize same sex marriages and was the first state to do so through legislation rather than judicial opinion. Even though the state's governor vetoed the bill, the state legislature rallied enough votes to override the veto and the bill became law.

New Hampshire recently passed legislation that will made same sex marriages legal starting on January 1, 2010. This makes New Hampshire the fifth state in the Union to recognize same sex marriage.

Lastly, the District of Columbia Council overwhelmingly passed legislation, by an 11-2 vote, in the early part of December, 2009 that recognized same sex marriages as a legal union. This law has come under heavy criticism, both from the people within the District, as well as the state of Maryland, which is currently attempting to pass a law that would ban same sex marriage. However, the law in the District of Columbia has already withstood one legal challenge, with a judge ruling that a the District can ban any vote to ban same sex marriage because it would be a violation of human rights.

Same Sex Marriage in California

California has been the site of some of the most rigorous fighting in the same sex marriage debate. In June of 2008, California made national headlines when the California Supreme Court ruled in In re Marriage Cases that the state's ban on same sex marriage violated the state's constitutional provisions regarding equal protection. This ruling effectively made California the largest hot spot for gay and lesbian marriages in the nation for a short time.

However, it wasn't long after this decision came down that a ballot measure, known as Proposition 8, made it onto the ballot for the November 2008 election. Prop 8 was written to amend the state constitution to explicitly define a marriage as a legally binding union between a man and a woman. Prop 8 passed on November 4, 2008 by a slim margin, effectively banning same sex marriages in California.

A vigorous legal battle ensued with much finger pointing and posturing on both sides. Eventually, a lawsuit was filed by Prop 8 opponents that challenged the validity of the proposition on procedural grounds. Eventually, the California Supreme Court announced that Prop 8 was valid and the state's constitution was amended, meaning that no new same sex marriages would be performed in California. However, the question remained what would happen to the thousands of same sex couples that were married between the June 2008 court decision and the November 2008 proposition. The California Supreme Court ruled that these marriages were legal when performed, meaning that they still carried legal weight and are valid.

On January 10, 2010, the nation's first trial on same sex couples' right to marry started in a federal courtroom in San Francisco, California. Even before the lawsuit challenging Prop 8 began, there was much controversy, over everything from campaign funding to whether or not the trial should be broadcast online. The United States Supreme Court eventually prohibited the publication of Prop 8 trial videos on the internet.

Civil Unions in New Jersey
In the early part of 2010, the New Jersey legislature rejected a bill that would allow same sex couples to be legally wed in the state. However, same sex couples in New Jersey can currently enter civil unions which are the legal equivalent of marriage. These unions carry many of the same rights and responsibilities as a marriage including:

Family law rights like divorce, child custody, alimony, spousal support, division of property, annulments
Tort rights typically reserved for spouses such as wrongful death and loss of consortium
Rights typically found in hospitals such as durable power of attorney and visitation
State joint tax filing status, and
The right to get the property of a deceased partner that dies intestate (without a will)
However, there are certain restrictions that arise with civil unions that are not present with a legal marriage. For instance, the rights and responsibilities that come with a civil union only apply to the couple as long as they remain within the state that granted their civil union. In addition, these civil unions do not enjoy the benefits that a marriage enjoys under federal law, such as social security, immigration and tax benefits. Lastly, there is no law that says that states other than the state that granted the civil union have to give the above listed benefits.

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An example will illustrate this point. Take for instance Jon and Frank. This couple lives in a civil union in New Jersey, but they take a vacation outside of the state and Jon gets injured during a skiing accident and must be hospitalized. There are no laws regarding civil unions in the state where Jon is being treated, and therefore Frank has no visitation rights or durable power of attorney and cannot make any decisions regarding Jon's treatment if he is incapacitated.
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May wives and husbands sue each other?

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Husbands and wives can, of course, sue each other for a divorce. They can also sue each other in connection with financial deals in which one may have cheated the other. The vast majority of states also allow one spouse to sue the other for deliberate personal injuries, such as those suffered in a beating. Some states allow husbands and wives to sue each other in connection with an auto accident in which one of them, who was the driver, accidentally caused injury to the other, who was a passenger. In effect, the person suing may be trying to collect money from an insurance company rather from the person's spouse. Many states, fearing that this would encourage collusion, do not allow such lawsuits.

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Sometimes the law treats an invalid marriage as valid if one person tricked the other into thinking that the couple had a valid marriage. If so, a court might not allow the deceiving partner to declare the marriage invalid. In legal terms, the court estops (a legal term meaning "prevents") the deceiving partner from denying that the marriage exists. In addition, a court may find that the doctrine of laches (or "long delay") prevents even the innocent party, who originally did not know about the invalid marriage, from having the marriage declared invalid if he or she did nothing for a long time after learning that the marriage was not valid.

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Criminal Justice

2011-10-22T17:47:00.000-07:00

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Our system of justice was designed carefully to prevent people from being unfairly convicted by guaranteeing many legal rights to anyone charged with a crime. For example, you have a right to have a lawyer present during police questioning. You have the right to remain silent to avoid incriminating yourself, which means that you do not have to answer any questions asked by police, and do not have to give evidence at trial. Just being aware of these rights will help you if you ever become involved in the criminal justice system. This chapter discusses those rights, provides you with a basic understanding of the steps in the criminal justice system, and suggests where you can look for more help. It also provides information on the role of other people involved in the criminal justice system—victims, witnesses, and the jury.

It is important to be informed about the criminal law in your jurisdiction. Most crimes are punishable under state, rather than federal, laws. Some, like drugs and weapons offenses, may be punishable under both. Although all states must comply with certain federal constitutional minimums, there are considerable variations from one state to another. For example, some state constitutions provide a higher degree of personal and procedural rights to the criminally accused than others. Therefore, the information in this chapter generally will be true in most states, but may not be true in all.http://lawyer-help.blogspot.com/

Do I Need an Attorney?

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There are many who want to do this by themselves. This is risky behavior given the immigration agencies and how things work. Immigration is not an automated system. It is not a vending machine: insert papers here and pick up visa there. One person will be lucky and come out o.k. while another with a similar case will run into a host of problems. Still others cause so much damage working on their own that we can no longer help and the foreigner is no longer able to immigrate to the U.S. Our office would much rather file the case correctly from the start and manage the case through to completion than come onto a problem case and "fix things." Clean up work often takes more time and effort than if we simply handled the case ourselves from the beginning.

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Hiring someone to help with your immigration matters is much like hiring a car mechanic to work on your car. Of course, you can get under the hood of your car with the book and start pulling things apart. However, most will simply take their cars to a good car mechanic and have it fixed with accuracy, speed and efficiency. If you do not have enough money to hire a professional, then it makes sense to work on your own. It will take time, energy, elbow grease, and some luck. For those who have some funds and who are in a serious relationship, an experienced immigration attorney goes a long way.

Make sure the professional is licensed. If your case is not handled in a professional manner you can complain against the license. Non-attorney "experts" are unlicensed and unregulated. When a problem occurs you have nowhere to complain and you are left on your own to fix the problem. Moreover, an unlicensed "expert" does not have access to the internal workings within the immigration bureaucracy as does a qualified immigration attorney who is licensed and experienced. When a problem arises, there is not much the non-attorney expert can do and you must go it alone.

There are a host of different types of legal services and wide range of fees. There is a big difference between what "experts" say they can do for you and what they deliver for the fee quoted. I have seen ads offering full attorney support on K visas for a few hundred dollars. Stop and think how is that possible? Where is the time and effort? Often, there are hidden fees or lack of services.
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What are the legal requirements for getting married?

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The requirements are simple, although they vary from state to state. In general, a man and a woman wishing to marry must obtain a license in the state in which they wish to be married, usually from a county clerk, a city clerk, or a a clerk of court. The fee usually is low.

Parties who wish to marry must have the capacity to do so. This means that neither can be married to someone else, the parties must be of a certain age, and both must understand that they are being married and what it means to be married. If, because of drunkenness, mental illness, or some other problem, one of the parties lacks capacity, the marriage will not be valid.

A few states require the man and the woman to have blood tests for venereal disease before the license is issued, although most do not require a blood test. In states that require a blood test, some will not issue a license if one or both of the parties have venereal disease, while others will allow the marriage if the couple knows the disease is present.

In a few states, a couple must show proof of immunity or vaccination for certain diseases or completion of a general physical examination.

Close blood relatives cannot marry, although in some states, first cousins can marry. Of those states that allow first cousins to marry, a few states also require that one of the cousins be unable to conceive children.

Some states require a waiting period, generally three days, between the time the license is issued and the time of the marriage ceremony.

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Legal Terms & Meanings

2011-10-22T10:33:00.000-07:00

Nolo Contendre By issuing a plea of nolo contendere, or "no contest", the defendant accepts the punishment without formally admitting that he was guilty. By doing this, he avoids the consequences of a guilty plea with regard to potential liability to other people for money damages.

Arraignment An arraignment is the process by which the defendant is read his rights and the list of charges against him is explained.

Felony A felony crime is punishable by one year or more in state prison. Felonies begin in the state's lower court system but may move up to the state Superior Court, or higher court. (Names for these courts vary from State to State) Sample felony crimes include murder, rape, or armed robbery.

Misdemeanor A misdemeanor crime is punishable by up to one year in county jail. Misdemeanor trials are held in the state's lower court sometimes referred to as Municipal Court. (Names for these courts vary from State to State) A misdemeanor may include such crimes as drunk driving, disorderly conduct and shoplifting.

Preliminary Hearing This only occurs when the defendant's plea is "not guilty" in a felony charge. A preliminary hearing is shorter than a trial but operates similarly. It is conducted in front of a judge without a jury present. The primary goal of a preliminary hearing is to identify which cases are fit for trial and which are not.

Municipal Court Trial A trial in lower court for a misdemeanor. It is usually a trial by judge, although each state has different laws and some states have a trial by judge or jury.

Sentencing Once the defendant has plead guilty or received a guilty verdict by way of trial, he will be sentenced. Sentencing guidelines differ State-to-State.

Superior Court Arraignment Once a defendant has completed the initial arraignment and preliminary hearing in a felony case, the defendant is arraigned in Superior Court. The defendant presents a plea of guilty, not guilty or no contest.

Appeals After a defendant has been found guilty by way of trial, the defense attorney may request a higher court to change the lower court's decision.

Pre-Trial Conference / Plea Bargaining The pre-trial conference is a formal setting where plea-bargaining occurs. The prosecution may offer alternative sentencing. The charge may be changed to a lesser charge. The number of felony counts may be dropped. A lesser punishment for the same charge may be agreed upon.

Trial The process by which a defendant is tried on charges and considered guilty or not guilty. Defendants charged with serious misdemeanors and felonies may be entitled to jury trials. Minor misdemeanor charges may be entitled to trial by judge. The rules differ state-by-state.

Bail An insurance policy to ensure the defendant appears at his next scheduled court date. It is cash or a cash equivalent. An attorney may bring a motion to reduce bail at any appearance before the court. Bail can be received by cash, check, property, or a bond, which is a guaranteed payment of the full amount of bail. Once the defendant appears in court, the bail money is refunded. In addition, bail is sometimes waived if the court feels the defendant is a good risk, and therefore is released on his own recognizance.

Voir Dire The process of selecting a jury through questioning by attorneys. This is the time when the attorneys may set the tone of the trial. Many cases have been won or lost in voir dire.

CRIMINAL CASE PROCESS

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What type of sentence may the defendant expect to receive?

There are a myriad of sentencing options for the judge to consider. Sentencing is based on the nature of the case, the defendant's past history, and the defendant's threat to the community. Some sentencing options include jail time, probation, fine, community service, treatment or imprisonment in a penitentiary.

Why should the defendant plead guilty?

Sometimes the best result is a guilty plea. By avoiding a possible court trial, the defendant may plead to a lesser charge and therefore avoid a potential stiffer penalty. Most judges will offer a lighter sentence in exchange for a guilty plea at the arraignment. In addition, a guilty plea speeds the process forward and eliminates a long, drawn out trial process.

Will people know the defendant has a conviction on his record?

A conviction is public record and may be reviewed by the general public. The ability to expunge a conviction varies from state to state depending on the nature of the crime.

How long does a misdemeanor trial take?

A misdemeanor trial may take anywhere from one day to two weeks.

How long does a felony trial take?

The length of a felony trial depends on the nature of the case. Generally, felony cases take between two months and one year to complete.

Do I have to talk to the judge or jury?

No. The defendant has a Constitutional right to remain silent. Whether to put the defendant on the witness stand is a decision the defendant and his attorney must make. Defense attorneys agree that it is sometimes better to keep the defendant off the witness stand, except in special cases. Once the defendant testifies, he opens himself to cross-examination by the prosecution. Because of this Constitutional right, the judge will instruct the jury that the defendant's failure to testify must not be considered in any way a sign that the defendant is guilty. Of course, if a defendant is entering a plea or accepting a plea bargain, he must answer the judge's basic questions with regard to his understanding of these actions.

Why do I keep seeing different attorneys and judges?

It is important that the defendant be comfortable with his legal team. A defendant may have one attorney or several, as each may be a specialist in a different area of law pertaining to the case. Prosecuting attorneys may work in teams as well. The defendant may appear before several judges throughout the process.

Is the police officer coming to court?

The police officer is a member of the prosecution's team. He will come to court only if the prosecutor wants him to. The police officers and the prosecutors work together to present a case against the defendant. In some cases, if the police officer fails to show in court, the case may end in a dismissal.

When do I bring witnesses to court?

Witnesses may be key allies to the defense. The defense attorney is responsible for gauging the proper time to introduce witnesses in court. Witnesses usually first appear during trial.

What rights do I have at the time of arrest?

The Miranda rights for each citizen and non-citizen are guaranteed by the United States Constitution. They are not required to be issued by police at the time of arrest. If this happens, your lawyer may ask that any statements made to the police not be used against you in court. These rights include the right to remain silent, the right to a lawyer present while you are questioned, and the right to an appointed lawyer if you cannot afford one.

When do I tell my story?

The defendant's story is a critical piece of information that helps the judge and jury decide a case. The defendant presents his story to his attorney. After that, the attorney will tell the defendant's story. It is critical to remember that what the defendant says may be used against him. What the defense attorney says will not be used against the defendant. Of course the trial is the primary period of time where the defendant has the opportunity to present his story.

What if I don't show up? Can my attorney represent me?

The defendant's attorney may represent his client at different stages of the criminal process. The defendant must check with his attorney for when the defendant must appear. If the defendant cannot appear, the defendant must contact his attorney or the courtroom clerk immediately.

What is the difference between federal and state laws?

Federal laws supersede state laws when the two come into play against one another.

May I appeal a decision?

Every decision can initially be appealed. The defendant's attorney will present the defendant with a complete appeals process. Appeals may be heard from both the state and federal level to the U.S. Supreme Court.

How do I appeal a decision?

Each state has different laws and timelines. Normally the defendant has between seven and ten days from final judgment to file an initial appeal.

How many times may I appeal?

The appeal process begins with the next highest court and ends when the highest court, either the state supreme court or the U.S. Supreme Court, decides not to hear the case.

What is the time frame to appeal?

Each state has a different time frame. Consult with an attorney. The rule of thumb is that appeals should be processed as soon as possible after conviction.

How can I withdraw my plea?

The defendant may withdraw a plea by bringing a motion to withdraw a plea. A written motion has to be filed. In some jurisdictions the attorney prepares a written motion. In others, a court clerk will provide a form. In either case, the written document must be filed and a hearing for the request takes place.

May I represent myself without the benefit of an attorney?

Any defendant can represent himself without the benefit of an attorney.

When can a police officer conduct a search?

As long as you provide consent an officer can make a search. Or, the officer can make a search upon presentation of a search warrant.

When can an officer search you or your possessions without a warrant?

An officer can conduct random searches of the car, body and home upon probable cause. An officer can search your car in an emergency or for probable cause. Home searches are confined to the area the defendant is taken into custody. Body searches can occur at the time of arrest.

How can I get bail reduced?

Bail is set at the time of arraignment. It is determined by the seriousness of the defense. Bail is not mandatory. The judge has the right to refuse to issue bail. The defense attorney may bring a motion to reduce bail during any proceeding in front of the court. The judge will look at factors such as family history, background, professional responsibilities, past criminal history, and circumstances surrounding the case.

What if I don't like my public defender?

A request for a new public defender is rarely granted. The defendant's rights are limited to the appointment of an attorney and not to the attorney of their choice. The defendant must prove to the court that representation is sub-standard, even incompetent. That may be done through claiming personality conflicts, or differences in communication, ethics, strategy, or through a potential bias.

What if I think the judge or prosecutor is biased?

The defense attorney may ask the judge to recuse himself (withdraw from the case) or he may file a motion with the court. In some states it is the automatic right of the defendant to recuse a judge on the basis the defendant believes the judge to be biased.

What is Criminal Law? & Who Needs Criminal Lawyers?

2011-10-22T10:26:00.000-07:00

Criminal law is the part of the Australia legal system that is enforced by the government as punishment for individuals who break laws designed to protect society and people living within it.

Criminal law is the set of regulations that define and govern criminal offenses, including misdemeanors and felonies. It regulates the charging of individuals suspected of committing certain crimes. It also regulates apprehension and is designed to put suspected offenders in court trials. Likewise, it fixes punishments for individuals who are found guilty of committing crimes beyond reasonable doubt.

Australian criminal law is based on the English common law which has evolved between the states and, unlike the civil law which may be enforced by private parties, it is government dependent. In Australian criminal law, punishments and charges are generally administered by individual jurisdictions on a state-by-state basis with only a very small number of criminal cases left for the Commonwealth government to prosecute.

Those charged with a crime in Australia and entitled to the 'innocent before proven guilty' style of justice with the criminal lawyers job to maintain their client's innocence while the prosecutor tries to prove guilt.

Criminal law covers a wide range of crimes and it one of the most diverse areas of the law with criminal lawyers even specifying within the Australian criminal law system. Criminal law can be broken down into several areas such as White collar crimes, Drug offences, Sexual offences, Homicides, Extradition and more recently, Terrorism.

Criminal law punishments are dependent on the seriousness of the crime and the guilty party. Criminal law punishments may include gaol time, government supervision (parole or probation), or fines.

A criminal lawyer or a criminal defense lawyer is a lawyer who specifically works within the criminal law system in the defense of individuals and companies charged with criminal conduct.

Criminal lawyers are especially trained and are well-equipped with knowledge concerning criminal offenses and the laws which govern them and can either be working within a private practice or they can be what are called public defenders, meaning they are actually employed by government entities with cases allocated to them.

Those in need of a criminal lawyer are those who have been charged with a crime under the Australian criminal law, or penal law, with are generally defined as a crime against society and the public ranging from murder and manslaughter to larceny to petty theft. Furthermore, a criminal lawyer can work on cases in non-police prosecutions such as Australian Securities and Investment Commission or the Australian Tax office.

A criminal lawyer will handle a client's case through all stages of a criminal prosecution including preliminary hearings, plea bargains, pre-trial conferences, and during trials before a jury or judge, and in any appeals.

the Criminal Lawyers’ Association

2011-10-22T10:22:00.001-07:00

Featuring Presentations on:

The Legal Primer: Expert Evidence and Evidence Based Medicine
The Practice of a Pathologist
Trial Tactics and Strategy: Examination in Chief & Cross-Examination of the Pathologist
Issues and Controversies in Medical Evidence
Child Abuse: A Forensic Pathologist’s Perspective
Controversy in Pediatric Head Injury: A Pediatrician’s Perspective
Pediatric Head Injury: A Pediatrician’s Perspective
Medical Experts for the Defence: A Forensic Pathologist’s Perspective
Structured Case Presentations: Current Issues in the Practice of Pathology
The Role of the Coroner & Police
Legal Environment Since the Goudge Inquiry

Understanding Bail

2011-10-22T10:21:00.000-07:00

Bail is a method to get the defendant home during the trial proceedings. It is not a period of time to argue the merits of the case. Bail is an amount of money used by the court to ensure the defendant comes back to court when required to do so. There are typically two factors the judge considers before setting bail. Any bail argument by the defense attorney must address both parts:

Is the defendant a danger to the community?
What is the likelihood the defendant will flee?
In order to get bail reduced the defense attorney should do the following:

Demonstrate the potential crime is not one that the defendant would do again
Demonstrate the defendant is not a danger to the community
Demonstrate the defendant presents no likelihood to flee. The defense attorney can present this in various ways: - Character references - Community support - Stable employment history - Memberships in religious or civic organizations - Surrendering the defendant's passport - Agree to electronic monitoring
The court can present several bail release options. These may include:

Cash Bail. The defendant is responsible for paying the entire amount of bail to be released. The defendant will receive his bail back at the completion of all court appearances.
Release On Own Recognizance. If the judge is convinced the defendant is not a risk, he may release the defendant on his own recognizance.
Surety Bond. The bail agent guarantees to the court that they are responsible for the bond if the defendant fails to appear.
Property Bond. The court records a lien on the property of the defendant to secure the bail amount.
If the defendant is involved in a case with co-defendants, the defense attorney for the defendant may chose to make a motion to sever ties from the co-defendants.

The defense attorney can use the preliminary hearing as a strategy session. The standard of proof is lower during the preliminary hearing than the trial. The preliminary hearing is utilized by the judge to ensure there is sufficient evidence to review the case. The preliminary hearing assesses reasonable doubt and the facts of the case.

The pre-trial conference is used to introduce evidence, submit motions, identify procedural issues, exchange witness lists, and plea bargain. Most cases that do not reach trial are plea-bargained at the pre-trial conference.

An appeal occurs after the court has rendered its decision. The goal of an appeal is to have a higher court review and change the decision of the lower court, or send the case back to re-trial. There are two key types of appeals. One attempts to overturn the court's decision. The second attempts to overturn the courts sentencing decision.

Unlike a plea-bargained settlement, which completes the case prior to trial, a trial introduces risk for both the prosecution and defense. Neither side knows which side will win. Plea-bargaining eliminates the risk for both sides.

Plea-bargaining consists of two types: sentence bargaining and charge bargaining. In exchange for a plea of guilty or no contest by the defendant, the prosecutor may recommend a lighter sentence or may drop charges to a less serious offense.

The sentencing is completed by the trial judge. The judge will look at the defendants past background, nature of the crime, and other factors in order to weigh a decision. Many courts require a full investigation be prepared by the probation department, so that the judge may consider its determinations when sentencing the defendant.

The defendant may ask the court to appoint a public defender at the time of the arraignment. The defendant should be ready to demonstrate financial need. If the defendant does not qualify financially, the court may still appoint an attorney.

The defendant has a constitutional right not to testify.

The timeline for the appeals process varies by state. The defendant should check with an attorney on these timelines.

The vast majority of convictions result from a guilty plea by the defendant.

Motions available to the defense attorney prior to trial consist of excluding evidence, including evidence, dismissing the case, suppressing evidence.

The federal government does not have to honor expungements. Individuals whose cases have been expunged must still disclose the convictions when qualifying for professional licenses or filing to hold public office.

The defendant should ask his defense attorney to thoroughly review a transcript of the entire trial prior to preparing an appeal. In an appeal, no new witnesses and no new evidence will be available. Each party prepares briefs that the judges review prior to rendering a decision.

In some states the defense decides whether a trial will be by judge or jury. The defendant should confer with his attorney about the benefits of each in order to determine what will be in the defendant's best interest.

If the defendant receives a guilty verdict from the jury, the defense attorney can immediately begin a series of post-trial motions in the hope the judge will grant a new trial or make a judgment notwithstanding the verdict and acquit the defendant.

The burden of proving guilt rests at all times on the prosecution.

In discovery, the prosecutor must provide the defendant with information about the defendant's case. The defendant is entitled to receive copies of the arresting officers statements and filed reports and the defendant may review evidence the prosecution might submit at trial.

Back to top FAQ's - Answers to important questions

What type of sentence may the defendant expect to receive?

There are a myriad of sentencing options for the judge to consider. Sentencing is based on the nature of the case, the defendant's past history, and the defendant's threat to the community. Some sentencing options include jail time, probation, fine, community service, treatment or imprisonment in a penitentiary.

The Arraignment To Appeals Process

2011-10-22T10:19:00.001-07:00

The defendant may plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, he may expect to be sentenced. Very few cases are dismissed at arraignment.

At an arraignment, it is possible for the prosecution to waive or eliminate the possibility of jail time for the defendant. If there is no possibility of jail time, the defendant may not be entitled to a court appointed attorney. In addition, the defendant may not be entitled to a trial by jury. In that case, the judge would be the trier of the facts as well as the law. The defendant would be most likely tried by the judge.

Once the arraignment is completed, the defendant prepares for trial in Municipal Court.

Five things the defendant should do after arraignment:

Ensure he has qualified legal representation.
Understand thoroughly the criminal law process from arraignment to appeal. Defendants often compromise their defense because of ignorance of the criminal process and their rights.
Ask the attorney questions every step of the way. Seek advice of the attorney. In the criminal process, the defendant is the one who stands to lose the most. Ask questions frequently and be certain they are answered.
Assist the attorney in preparing the defense by understanding every option available. Explore all options before making a decision. Researching the situation is extremely valuable.
Remember that the defendant is innocent until proven guilty.

Process of a criminal case

2011-10-22T10:17:00.001-07:00


Arraignment	*Lower Court*
Bail
Identity of defendant	Arraignment
Ascertain charges	Bail
Confirm attorney of record	Identity of defendant
	Ascertain charges
Pre-Trial Conference (one or more)	Confirm attorney of record
Plea negotiations
Identification of issues	Pre-Preliminary Hearing
Identification of witnesses	Plea negotiations
Identification of strengths / weaknesses	Identification of issues
	Identification of witnesses
Trial (judge or jury)	Identification of strengths / weaknesses
Pre-trial motions issues of fact are decided
	Preliminary Hearing
Sentencing	Probable cause that crime was committed and defendant was the one who committed it
Judge imposes sentencing after defendant has been convicted
	Upper Court
Appeal
The defense may request a higher court to change the lower court's decision.	Arraignment
	Bail
Expungement	Identity of defendant
Expungement is a legal term for sealing the criminal record	Ascertain charges
	Confirm attorney of record

	Pre-Trial Conference
	Plea negotiations
	Identification of issues
	Identification of witnesses
	Identification of strength/weaknesses

	Trial
	Pre-trial motions
	Issues of fact are decided

	Sentencing
	Judge imposes sentencing after defendant has been convicted

	Appeal
	The defense may request a higher court to change the lower court's decision.

	Expungement
	Expungement is a legal term for sealing the criminal record

Proving a bona fide relationship

2011-10-22T02:28:00.002-07:00

This can be proven by presenting the following documentation:
Photographs that show both spouses together and with family and friends. These photographs can be taken at the wedding, at other functions or events, and throughout their relationship.
Letters between the couple before the marriage, with their postmarked envelope.
Evidence of trips the couple has taken together, including bills and receipts reflecting hotel stays, car rental, plane tickets, postcards sent to family members while on the trip.
Birth certificates of children of the marriage.
Copies of joint income tax returns.
Evidence of joint checking or savings accounts.
Photo ID cards of both spouses with a new card for the wife showing her married name.
Driver’s licenses, credit cards, check cashing cards, employment ID cards, video club memberships, etc. for both parties.
Real property deeds showing joint tenancy.
Apartment lease or a letter from the landlord indicating that both spouses live at the apartment or copies of rent receipts showing both parties’ names.
Letter from an employer showing a change in records to reflect the spouses’ new marital status.
Letter from an employer showing designation of the spouse as the person to be notified in event of accident, sickness, or other emergency.
Evidence of life insurance policies where the spouse is named as beneficiary.
Evidence of medical or health insurance plans, which name the spouse as a member or beneficiary.
Evidence of correspondence between parties, including letters, birthday and holiday cards, telephone calls, and other correspondence addressed to the parties.
Religious marriage certificates if the couple had a church wedding.
Copies of gas, electric, telephone and other utility bills.

Living Trust Lawyer

2011-10-22T02:28:00.000-07:00

As family law attorneys, we know that one of the most important things you can do for your family is to establish a living trust. If you own property, putting it into a living trust will help protect your family from losing it to probate taxes and legal fees, in the event of your death.

At the family law office of Thomas E. Bouman, Attorney at Law, we explain to our clients that fees and taxes can exceed ten percent of the fair market value of an estate. Any assets you put into a living trust are free from probate tax, and the accompanying legal fees your family will pay to protect the estate.

When you are ready to discuss ways to protect your estate from probate taxes and fees, call a Santa Clara living will attorney at the office of Thomas E. Bouman, Attorney at Law. We will help you establish a living trust to provide your family with the peace of mind to carry out your directives, in the event you become incapacitated.

We Assist Clients with the Following Estate Planning Law Matters:

Living trusts
Living wills
Powers of attorney
Health care directives
Wills
With a living trust in place, a trustee will be authorized to lease your property and make necessary repairs for sale, without being required to first seek permission from the probate court. The trustee will then have the ability to distribute the proceeds from the estate to your selected beneficiaries, without the court’s direction.

Marriage Green Card

2011-10-22T02:27:00.001-07:00

Obtaining a green card (permanent residence) through marriage can often times be the fastest way to obtain residency in the US, however approval is not guaranteed or automatic.
It is very important to be aware that these petitions are scrutinized not only to ensure that the marriage is bona fide (legitimate) but also to make sure it was not entered into for the sole purpose of obtaining immigration benefits.
Our firm has significant experience and works with clients nationwide who are seeking marriage based green cards and other family visas. We have successfully handled hundreds of marriage immigration cases and we can guide you through the current policies and prevent delays due to mistakes.
If both the U.S. Citizen and Foreign National Spouse are in the U.S., the U.S. Citizen may apply for the Foreign National Spouse’s Permanent Residence through Adjustment of Status with the USCIS.
Who Qualifies:
Any U.S. Citizen in the United States with a Foreign National Spouse who entered the U.S. legally with a visa or a visa waiver.
It is OK if the visa or I-94 has expired.
Canadian Citizens are not required to show proof of legal entry.
An Overview of the Process:
Once the marriage has taken place, the couple files the following with USCIS:
1. Petition for Alien Relative (USCIS Form I-130)
2. Application to Register Permanent Residence (USCIS Form I-485)
3. Biographic Information (USCIS Form G-325A)
4. Affidavit of Support (USCIS Form I-864)
5. Permission for Work Authorization (Optional) (USCIS Form I-765)
6. Medical Examination Results (USCIS Form I-693)
7. Request for Travel Documents (Optional) (USCIS Form I-131)
8. The appropriate supporting documents
9. The USCIS filing fees ($1,010 to $1,365).
The USCIS will first contact you first regarding the Biometrics / Fingerprinting Appointment.
The USCIS will then issue the work authorization and permission to travel approximately 90 days after filing.

Spousal Support Attorney

2011-10-22T02:26:00.001-07:00

Although the application of spousal support laws change as financial conditions of both parties in marriage dissolution change, alimony is still an important consideration in many California divorces. For many people, it is a point of serious contention in their divorce, as one side often argues it is a financial necessity, and the other side argues that it is a financial burden.

At the family law office of Thomas E. Bouman, Attorney at Law, we have over 25 years of experience with California spousal support laws. We know that resentment and anger are often a large part of the case. We work with you to help you deal with your emotions and make the best decisions for you and your family.

Spousal Support/Alimony issues are often clouded with feelings of resentment and frustration.

We help you check your emotions so we can reach a satisfactory settlement that will allow you to move on with your new life.

To speak with a Santa Clara divorce attorney about your spousal support issues, contact the office of Thomas E. Bouman, Attorney at Law, for reputable, effective representation for your pending divorce. We offer our clients more than 25 years of quality representation.

We Assist Clients with the Following Spousal Support/ Alimony Representation Matters:

Determination of need
Marital Standard of living
Future earnings
Impact of stock option income
Bonus or “Smith-Ostler” issues
Tax consequences considerations
Open ended, or fixed payment period
Retirement of payees and payers
Modifications and terminations
Adjustments for cost of living
Substantial changes in life

Legal Separation Lawyer

2011-10-22T02:25:00.001-07:00

Contrary to popular opinion, legal separations have not become extinct under California law. There are still many reasons some persons desire to obtain a Judgment of Legal Separation rather than a Judgment of Dissolution (Divorce).

A judgment of legal separation does not terminate marital status. Legal separation is an alternative to dissolution and is generally sought upon breakdown of the marriage where for religious or other personal reasons the client does not want the legal status relationship absolutely severed. Sometimes a client seeks a legal separation instead of a dissolution in order to retain eligibility for medical insurance that would otherwise be lost by a termination of the marriage. This can be a very important consideration where a party has a preexisting medical condition (for which new coverage would not be obtainable) or insufficient financial resources to defray the cost of conversion or replacement coverage.

Obtaining a legal separation is also an appropriate action when one of the spouses has not been a California resident for at least six months, or has not been in the United States for at least three months. By filing for a legal separation and converting it to a dissolution proceeding later, a party can obtain a divorce decree in six months, rather than waiting six more months after the residency requirements are met.

At the family law office of Thomas E. Bouman, Attorney at Law, we have been representing clients in obtaining legal separation judgments for over 25 years. We work closely with our clients to create legal separation agreements that meet their needs.

What if my spouse wasted marital assets?

2011-10-22T02:24:00.001-07:00

Some of the issues we must address in high-income divorce cases include:

Spousal support: If one spouse has no income or assets, a temporary spousal support order is almost a certainty. Also, spouses should be aware that long-term or permanent spousal support calculations are based on the standard of living during the marriage. If your ex-spouse strikes it rich after the divorce, the family law court won't entertain a motion to increase spousal support payments beyond the marital standard of living.
Assignment of attorneys' fees: If one spouse has little or no income or assets, the divorce court may require the other spouse to pay attorneys' fees, including a temporary order for payment of partial fees so the non-earning spouse may obtain competent legal representation from the outset of the case.
Property division: The date of separation becomes critically important to determine when certain types of assets revert to separate property from community or marital property. This is especially true with investment accounts and pensions, which will continue to grow in value during the divorce proceedings. This question is related to the investigative accounting work that must be done to trace all of the property to determine whether it is community property or separate property.
Breach of fiduciary duty: Spouses must use due care when managing marital assets. In high-asset divorces, accusations of mismanagement of marital funds are commonly made and must be defended against.
Division of family businesses: What portion of a family-owned business will be granted to each spouse? What if you owned a business before the marriage began? Will your spouse get any share of the business' growth? How will business valuation be handled? These are examples of the complex questions that must be asked when closely held or family businesses are included in the marital assets.

Different Types of Powers of Attorney

2011-10-21T17:26:00.000-07:00

There are different types of powers of attorney:

General power of attorney
Limited power of attorney
Health care power of attorney

General Power of Attorney
A general power of attorney authorizes your attorney-in-fact to act on your behalf in a variety of different situations. A general power of attorney is usually used to allow your attorney-in-fact to handle all of your affairs when you are unable to handle them. Good examples are when you're traveling or if you're physically or mentally unable to handle your affairs.

Limited Power of Attorney
A limited power of attorney, sometimes called a "special" power of attorney, authorizes your attorney-in-fact to act on your behalf only in specific situations. A limited power of attorney allows you to give only specific powers to the person or organization you appoint as your attorney-in-fact. For example, you could authorize someone to sell a specific item for you, such as a house.

Health Care Power of Attorney
A health care power of attorney allows you to appoint someone to make health care decisions for you. A health care power of attorney is different from a living will, which only allows you to express your wishes concerning life-sustaining procedures.

Why Become a Board Certified Attorney?

2011-10-21T17:23:00.001-07:00

Bankruptcy and creditors' rights law require highly specialized skills. Board certification in specialty areas of the medical profession has long been recognized and accepted by the public as a mark of achievement. However, restrictive rules in most states have prevented board certification of legal specialists. In 1990 the U.S. Supreme Court affirmed the right of attorneys to advertise their certification by specialty boards, subject to appropriate state regulation (Peel v. Attorney Registration and Disciplinary Commission of Illinois, 110 S.Ct. 2281 (1990). Following are a few advantages of board certification:
Greater opportunities for marketing and referrals - ABC certification is a mark of a dedicated professional. A regularly published national directory of ABC certified attorneys, the website directory, as well as media releases and professional presentations all provide greater visibility and marketing opportunities.
Improved standing and prestige among peers - ABC certification reflects a significant degree of training and experience in the specialty field of law.
More effective advertising - Any attorney who advertises ABC board certification is able to provide to the public an objective criterion of expertise. ABC certified attorneys can use the ABC logo on business cards, letterhead and other communications.
Improved credentials - When serving as an expert witness, and ABC certified attorney enjoys additional credentials of professional competency. Hourly rates awarded by bankruptcy courts in professional fee applications have been increased as a result of board certification. Some insurance carriers also provide discounts on professional liability insurance for certified attorneys.

Preparing to Meet with a Bankruptcy Lawyer

2011-10-21T17:22:00.001-07:00

It can be a big waste of time for both you and the lawyer if you are not prepared for your first meeting. Being unprepared may also end up costing you money because it will take longer for the lawyer you hire to get up to speed on your legal matter.

The lawyer will want to know basics such as who you are and how to contact you. You may be asked about your personal and business backgrounds. The lawyer will try to start understanding your situation. Help by organizing, in writing, information you think may be important. Have related documents ready.

Your lawyer may have you fill out and return a questionnaire before your meeting. Complete and return it by the date requested, and send along copies of any needed documents.

Checking for Conflicts of Interest
Before you get too far into a meeting or conversation, the lawyer is going to want to know about possible conflicts of interest. If the lawyer or the lawyer's firm represents anyone on the other side of the case, he or she will have a conflict and will usually not be able to represent you.

Don't Be Afraid to Ask Questions
Prepare a list of questions to take with you to your first meeting. You have to feel comfortable with your attorney. In theory, no question is too silly to ask. Keep in mind, though, that you do not want to scare a lawyer out of representing you.

Remember that your lawyer is working for you. You want someone who is skilled, but you also have to get along with your lawyer. You can get some questions answered while starting to get familiar with the lawyer, and the exchange can help you decide if your choice is right.

Credit After Bankruptcy

2011-10-21T17:19:00.001-07:00

Many people who file for bankruptcy protection have an understandable aversion to credit when it's over. It might seem that if you stick to cash, you "can't get into trouble again", and in a sense that's a very reasonable position.

You definitely don't want to risk late payments and climbing credit card balances after bankruptcy for a number of reasons. The combination of bankruptcy and new delinquent items on your credit report will take a severe toll on your credit score.

Further, you won't have the safety net of being able to discharge debts in bankruptcy again for quite some time, so your options are more limited if you do get into a financial bind.

However, having credit and having credit problems don't have to go hand in hand. Managing credit wisely is an important part of your financial recovery. Using cash for your day-to-day expenses is wise and will help keep things clear as you work out your new budget.

Unacceptable Marriages in Immigration Law

2011-10-21T09:35:00.000-07:00

Some types of marriages that are valid and recognized in the place where the marriage is contracted may not be acceptable for immigration benefits.

1. Common law marriage

A common law marriage will not be accepted for immigration purposes, unless it is recognized as legal in the jurisdiction of residence or last residence.

2. Customary marriage

The marriage not performed according to legal proceeding of local civil authorities, but rather according to local custom, may not be accepted. However, if a customary marriage is recognized by the civil authorities in the place where the marriage was performed, it is therefore valid for immigration purposes.

3. Polygamous marriage

Polygamous marriage is never recognized as a valid marriage. Please note however, the family members of the first marriage of a polygamous family may enjoy their immigration benefits if the benefits have already been conferred. For example, Joseph, a U.S. citizen married Amy, an alien, and petitioned to bring Amy to the U.S. Accordingly, Amy gets green card. Later, Joseph married Beth, also an alien. The immigration benefits already conferred to Amy may not be denied based on the polygamy. However, if Joseph files an immigration petition for Beth based on the latter marriage, the petition will be denied based on the polygamy.

4. Incestuous marriage

Incestuous marriage is a marriage between close family members. The validity of incestuous marriage depends on the law of the state where the parties intend to reside. In the state where the incestuous marriage is regarded as a crime, the incestuous marriage is not accepted for immigration purposes even if this marriage was legally contracted somewhere else.

5. Proxy marriage

A proxy marriage is a marriage where the parties were not physically present in the presence of each other. A proxy marriage is generally not accepted under immigration laws unless it is subsequently consummated. However, a party of an unconsummated proxy marriage may enjoy immigration benefits as a fiancé, such as applying for a K-1 visa, if the opposite party is a U.S. citizen,. For more information about the K-1 visa, please.

What to Do After an Accident

2011-10-21T09:16:00.000-07:00

Even minor car accidents can be terrifying experiences. Your heart pounds, you start to sweat, and you immediately begin to dread the post-accident legal, medical, and insurance hassles you now face. To make the aftermath of an auto accident a little less stressful, we've put together this step-by-step guide on what to do after a car accident.

Remain at the scene and call the police. Without leaving the scene, get yourself to a safe place and call 9-1-1. Do not leave the scene until the police have arrived and left, and they have your statement about what occurred. If there are no injuries in your auto accident, you may have to file an accident report at the DMV or police station on your own.
Swap information. Get the names, telephone numbers, addresses, driver's license numbers, and insurance information of the other parties involved in the collision. It may also help you during the claims process to have the VINs (vehicle identification numbers) of all the vehicles involved. When speaking with the other parties, do not offer to pay for any damage or offer any apologies. Legally, apologies can be considered admissions of fault.
Call your insurer's claims number. As soon as you can after a car accident, begin the process of filing your auto insurance claim by calling your insurer's 24-hour claims line. You can initiate the process over the phone, and a representative should be in touch with you soon.
Read your policy. Find out exactly what your car insurance policy covers and how to proceed in the event of an accident by looking in the back of your policy under the "conditions" section. This section will tell you the requirements for the claims process.
See a doctor for any injuries. If you were injured in the accident, you of course should have gone to the emergency room immediately after the auto accident. However, if your injuries were not emergencies, see a doctor as soon as you can after the collision. Keep records of all of your medical appointments and costs.
Find alternate transportation. If you have rental reimbursement coverage, your insurer will provide you with a daily allowance during the claims process to rent another vehicle while yours is being repaired or replaced. Learn how much your insurer will pay per day for a rental car and how many days the car will be covered.
Meet with an adjuster. Your auto insurer will send someone out to evaluate your auto insurance claim and assess the damage to your vehicle. Some insurers may ask you to get an estimate from a body shop first, after which they will send an adjuster to corroborate the estimate. If the estimate the adjuster offers is not fair, consult the appraisal provision of your policy.
Be selective in the repair process. Choose a body shop you trust, not necessarily the cheapest one. Also demand that your insurer pay for original equipment manufacturer parts for your vehicle and not generic aftermarket parts.

Can strict liability be used in a vehicle accident claim?

2011-10-21T09:11:00.001-07:00

Strict liability can be used in an accident claim if the accident involved a commercial vehicle or if the state's statutes permit its use. A strict liability claim is one in which the plaintiff argues that the defendant's behavior was so egregious and contrary to law, that the mere fact that the accident occurred is evidence enough of their responsibility. Use of these types of claims is usually severely restricted, mainly because they do not require much evidence of guilt.

Although individual states are responsible for establishing their driving laws, most states hold commercial vehicle drivers strictly liable for any accidents in which they are involved. This is particularly true if the vehicle was towing a trailer of hazardous materials at the time. The best example of this is a gas truck. If the truck is involved in an accident, the driver is strictly liable for the event.

Some states hold drivers who commit what they consider "serious infractions" strictly liable. This is because the defendant's actions are so egregious that they are considered to have acted recklessly or negligently in regards to the safety of other drivers.

In this case, however, the court would first have to find the defendant guilty of committing a serious infraction. Each state has different rules regarding what is a "serious infraction," but generally these include exceeding the speed limit by more than 25 or 35 miles per hour and driving while intoxicated. After found guilty of the infraction, a plaintiff could sue the driver under a strict liability claim.

If you believe that you may have a strict liability claim for an auto accident you were involved in, seek legal assistance. A lawyer will review your state's laws with you and discuss whether you can make such a claim.

How to Get a Divorce?

2011-10-21T09:06:00.001-07:00

When an individual or couple decides to file for divorce, they must fill out many forms and file them with the divorce courts. In addition, their spouse must be served with the divorce petition. It is in fact, not as simple as handing them the paperwork. There must be legal proof that the spouse was served with the divorce petition, as well as the other paperwork that is required throughout the process.

Only several methods exist in which a spouse can be legally served a divorce petition. Once an individual has filed a divorce application with the courts, they will be notified about the acceptable ways to serve the papers to their spouse. However, some spouses come to a mutual decision about getting a divorce and may file for a divorce petition together. In either case, there must be proof that both spouses are aware of the divorce petition.

Once a spouse has filed a divorce application, they must find the most convenient and acceptable manner in which to have their spouse served with the papers. When individuals file a divorce application, the courts will likely advise them on their choices for serving the divorce petition to their spouse. Spouses may have an adult serve the papers, as long as they get a signature attesting to the fact that the person received the papers.

In addition, the divorce petition may be mailed through first-class mail, with a return receipt that proves the intended person did in fact receive the papers. An even better option is to mail the papers through certified mail with a return receipt, which is signed and mailed back to the person that sent the papers. In either case, the receiver is responsible for providing proof that he/she received the papers. In some cases, that may not be an effective way to serve the papers, especially if the other person does not want to get divorced, and has decided to ignore all correspondence. In that case, the divorce petition can be served by a process sever.

In fact, a process server provides the proof that the person received the documents and no signature is required from the person that the documents were intended for. If those options do not work for an individual, they may publish their petition for divorce in local newspapers where their spouse is thought to reside. That is in fact, the best option for individuals that do not have an exact current address for their spouse.

Individuals that have decided to file a divorce application should be sure that they are fully aware of all legal procedures that must follow the application. They will want to be sure that their application for divorce is filed with the courts in the appropriate manner. In addition, they will want to be sure to have legally acceptable proof that their spouse was served with all required documentation that relates to the divorce.

How do I start a divorce application?

2011-10-21T09:05:00.001-07:00

It is always advisable when starting a divorce application to speak to a lawyer knowledgeable about family law. A lawyer can tell you exactly how the law applies to your situation and how to protect your rights. You can then decide what to do.

To start a divorce application, you fill out the appropriate forms for your province or territory. If you have a lawyer, he or she will fill out the forms for you and will be responsible for processing the divorce. You may obtain forms at government bookstores, some private bookstores and, in some cases, from the Internet. In some jurisdictions, court offices and information centers provide forms.
There are a few things in particular that you have to include in the forms. If there is a child of the marriage, you need to write down the parenting arrangements, including financial support. If these arrangements are in dispute, you will need to describe the arrangements that you are seeking.
Once you have completed all the forms, you file them at the courthouse, pay the required court fees, and follow the court rules and procedures for your province or territory.

Is Your Marriage Really Over?

2011-10-20T18:31:00.000-07:00

Like any challenging situation, some divorces are tough and complicated to get through while others are resolved quickly. A great deal depends on the attitude of the marriage partners and whether children are involved, custody is an issue and if there are a number of debts and assets to be divided. A divorce attorney can lead you through the process easily and quickly. If each partner is cooperative, things can generally move along at a rapid pace.

If you think your marriage is over, speaking with a matrimonial attorney will help you decide whether the marriage is really over. There are in fact instances when a marriage can be saved and a mediator can help the situation, but often once a divorce is considered, the marriage has eroded to the point where there is no turning back. At times, the changes in a marriage appear to occur suddenly when the behavior of one spouse influences the decision to divorce. Other times the decision to divorce is mutual and has been coming for a long time, yet each has been afraid to take the necessary steps towards finality. Nevertheless, because of the huge disruption a divorce creates, even when both parties agree to the divorce, it is a very challenging experience, which is why it is so important to have a competent divorce lawyer in your corner.

Legal Representation

2011-10-20T18:21:00.000-07:00

Legal Representation helps with all the costs of taking certain types of non-criminal (civil) cases to court. It includes representation by a solicitor or barrister. To get Legal Representation, you must meet certain financial conditions - see What are the financial conditions for Legal Representation, below. Your case also has to meet certain other conditions, for example, whether the Legal Services Commission (LSC) considers it reasonable to fund your case.

Also, you might only get Legal Representation for as long as it takes a solicitor to look into your case. If the solicitor doesn't think your case is strong enough, Legal Representation might be stopped.

The types of case that you might be able to get help with under Legal Representation include:

a housing case, including eviction, repairs and rent arrears
a debt case
consumer problems, for example, if you were claiming compensation for faulty goods or services
an appeal to the Employment Appeal Tribunal (but not for representation at an Employment Tribunal)
a judicial review case in the High Court
mental health review proceedings
an immigration or asylum case before the First-tier Tribunal and in some High Court cases

You will get Legal Representation if you or your partner receive:

income support
income-related Employment and Support Allowance
income-based Jobseeker's Allowance
guarantee credit part of Pension Credit.

Bankruptcy Law

2011-10-20T18:09:00.000-07:00

A bankruptcy should be per-planned to avoid complications during the bankruptcy. Once a bankruptcy is filed, several troublesome issues are almost immediately resolved. The first is that debt collectors are put in check by an automatic stay. Once your bankruptcy is filed, they can no longer harass you for payment. They must go through the bankruptcy court to perfect their creditor rights. Failure to perfect their interest can result in a waiver of their right to collect on the debt later. If they continue to harass you for payment, they can also risk being held in contempt by the bankruptcy court.

Because many people abused the protections afforded by bankruptcy, Congress recently enacted several reforms limiting the scope of bankruptcy protections. Despite these reforms, bankruptcy is still an effective tool for consumers to resolve burdening debt issues. Bankruptcy law covers everything from when to file and how to file. Bankruptcy law tends to be a bit more administrative in nature. This means that the rules are fairly clear about what you do to file and complete your bankruptcy petition. Failure to comply with filing requirements can result in the bankruptcy court involuntarily discharging your bankruptcy case. Bankruptcy is a shot at getting your credit, and your life, back on track. Explore some of the Lawyer-Help.Com bankruptcy topics in the links on this page to learn tips and strategies for effectively eliminating your debt burden.

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2011-10-20T18:07:00.001-07:00

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