Dealing With The Legal Consequences Of Being Broke

Dealing With The Legal Consequences Of Being Broke

A Legally Justified Way To Fight A Speeding Ticket

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A driver whose record is marred with moving violations has to keep from accumulating more points. Massively higher insurance fees and, possibly, a license suspension are virtually guaranteed if another ticket is issued. Unfortunately, an emergency situation could force a driver to race at a high rate of speed. Hitting 85 MPH in a 45 MPH zone may be done due to fear. Regardless, if a police officer pulls the driver over and issues a ticket, the only way to fight the ticket is in court. Rambling on in front of the judge won’t work, but a good defense by a speeding ticket attorney just might. Threatened on the Road The strange case of a motorcyclist being chased for a mile by a giant wolf is a example of someone hitting high speeds for a good reason. The wolf might have attacked the motorcyclist. While attacks by wolves are exceedingly rare, incidents of road rage rage are not. A person who finds him/herself in an incident with a deranged driver probably will hit the gas pedal to escape. If the raging driver pursues, the person being pursued may speed up faster and not slow down even when the other driver ceases the chase. Yet another speeding ticket might result. A Legitimate Defense A ticket may be dismissed if the driver can prove he/she was “legally justified” to hit high rates of speed. Trying to avoid harm could be legal justification for speeding feverishly. Yet, there may be complexities to address in court regarding this type of defense. A judge may be somewhat sympathetic to the nervous condition of a driver who was involved in a traumatic incident. However, the judge may not feel it was necessary to excessively continue speeding in a location five or so miles away from where the incident concluded. In short, the judge could deem the first 2 miles were legally justifiable but not the final 3. With the right representation, the final decision may not end up bleak. Representation Assists the Outcome Being found guilty even when invoking the “legally justified” defense does not mean the full sanction for the violation must be levied. An attorney may petition the judge to lower the fine to the lowest legal amount and ask for court-ordered traffic school to remove points. Eliminating license points upon successful completion of traffic school eradicates troubles with insurers and the DMV. A skilled attorney like Campbell Law Group PLLC just might compel the judge to rule in this...

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Adult Adoptions: Can It Be Done?

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People adopting minor children is commonplace, but it may surprise many to know that adults sometimes wish to legalize their relationship by adopting another adult. This may sound strange, but read on to learn more and you will soon see the reasoning for this practice. Why Adults Adopt Other Adults 1. For estate planning purposes, similar to the property that is left to a spouse, property that is left to the children of the deceased is in a protected category, and legally adopted children are held in the same regard. Legally adopting another adult can give that adult a special status for inheritance purposes and is far more likely to stand up to a contesting of the will. 2. Many people wish to formally recognize adults who are actually biological children, but were previously unknown to them. Additionally, some people wish to acknowledge adults that are adult step-children or a formally fostered adult. 3. Adults who are incapacitated, either physically or mentally, may be adopted to ensure for the ongoing care in the event of a death. For example, if a close family friend has no other family to care for them and is mentally incapacitated, another concerned adult could make provisions for the continued care of the adult by legally adopting them. Bad Motivations for Adopting an Adult 1. Sexual relationships between the two adults preclude adoption actions. The relationship must be parent-child in nature. This includes same-sex couples. 2. The adopted person must be younger than the adult adopting them. Exceptions are often made, however, in the case of adults that are mentally or physically incapacitated. 3. The court will take a closer look at adult adoptions to ensure that there is no attempt at the perpetration of fraud. For example, an adult who convinces another adult to adopt them in order to inherit property or other fraudulent activities. Some Points to Keep in Mind 1. The consent of the adult being adopted is required, unless they are incapacitated. In some states, the interested spouses of the parties must also consent to the adoption. 2. Once approved by the courts, a new birth certificate is provided. The adopted adult has the option to change or append their last name, if desired. 3. It’s important to note that if the adoption is approved, all ties with the biological parents of the adoptee are legally severed. 4. Just as with the adoption of a minor child, the adoptee has the right to have the court records sealed. If you have more questions about adoption, talk to a local family law attorney, such as those found at Dunnigan & Messier...

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Getting Compensated For Lost Wages In A Personal Injury Case

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If you’ve been injured in a car accident, you are likely expecting the insurance company to take care of your medical bills and get you back on the road, but don’t forget about your lost wages. The time you spent away from your job is considered a damage, and you may be entitled to be compensated for those funds lost. Read on to find out more about how lost wages are calculated and what to expect from the insurance company. What is Included in Lost Wages?  Every moment you miss work, from the time of your accident to any time spent getting medical treatments and resting at home is included in this compensation. Even the time you spend driving back and forth to your medical appointments can be included. Careful record keeping is key, so make sure that you begin making note of any time lost from work as soon as possible after the wreck. Your attorney will be able to use this information when they prepare a demand letter, which is a summary of your damages and a request for compensation. Documentation to Calculate and Prove Lost Wages No matter what type of job you have or work schedule you follow, you’re entitled to compensation, but you may need to have the following types of documents available. For full time and part time workers, a copy of your pay stub. For salaried workers, provide a letter from your company verifying your normal hours worked and your rate of pay. For the seasonal/temp employees and the self-employed, a copy of your tax return. It’s important to note that the self-employed need only supply the first page of your tax return, not the entire schedule C. Vacation Pay and Sick Leave These job benefits are too valuable to lose due to no fault of your own, so if you have to use them to keep the income flowing, be sure to keep up with the hours and days used so that you can be compensated. Potential Lost Income You may be entitled to not only your actual lost income, but any potential losses. What are potential losses? Any pay increase or bonus that you may have received had you not been in an accident. For instance, if you missed out on important training and are now behind in learning your new sales software at your job, your commission-based income could be affected. If you missed an important client meeting due to accident and failed to win the account, you may be entitled to compensation for any bonus or raise that was expected. Be sure to talk to your personal injury attorney about getting fairly compensated for your lost...

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2 Reasons To Hire A DWI Attorney To Assist You

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A DWI charge can be a very frightening thing, mostly because it can lead to all manner of penalties that can end up following you for many years to come. Listed below are two reasons to hire a DWI attorney to help you throughout your case. Provide Effective DWI Defense Strategies One of the most important reasons to hire an attorney that specializes in DWI cases is the fact that he or she will know the most effective defenses to use on your behalf and how to counter a police officer’s account that you were driving while impaired. For example, an experienced DWI attorney will not allow a police officer to claim that you were driving while under the influence if the police officer did not actually witness you driving the vehicle. If you were simply sitting in your car while it was parked and a police officer arrested you for a DWI, an attorney can contest the issue as you were never seen to be operating the vehicle while impaired.  In addition, a police officer will often decide that you were operating a vehicle while impaired if you were pulled over and he or she noticed warning signs that you may be drunk or under the influence of drugs. Examples of this can include red eyes or a failure to perform well on the sobriety tests. In those situations, a DWI attorney can provide evidence that can potentially explain those signs, such as you having red eyes due to allergies or medication and a failure to perform satisfactorily in the sobriety tests due to a physical disability. Negotiate A Lighter Sentence Another reason to hire a DWI attorney is because he or she can attempt to negotiate a lighter sentence if you are found guilty. For example, instead of having you serve time in prison, your attorney may be able to convince the prosecutor and judge to agree to a loss of your license and community service. In addition, an attorney can sometimes help you avoid a lifetime loss of your license, which can sometimes occur with a DWI charge. In that situation, a lawyer may be able to convince the judge to forego the loss of your license in exchange for you paying yearly penalties to retain your license or only lose your license for a few months or years instead of the rest of your life. Contact a DWI attorney today in order to discuss how he or she may be able to assist you with your case. A DWI attorney should be the first call you make after you have been arrested for driving while intoxicated or impaired as he or she can help mount an effective defense strategy and negotiate a lighter sentence if you are found guilty. Contact a firm like The Law Offices of Nathan A. Steimel for more...

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Two Reasons to Hire an Attorney That Specializes in Motorcycle Accidents

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Being involved in a traffic accident can be a scary and difficult process, and the situation can be even worse if you were on a motorcycle when the accident occurred. To make matters even worse, it can be very difficult to get the money that you deserve after being involved in an accident, as there is a common misconception out there that all motorcycle riders are reckless. This can make it harder for you to win your case. Listed below are two reasons to utilize an attorney that specializes in motorcycle cases. Will Not Allow a Lack of Helmet to Be Used Against You One of the biggest problems that you might face during your case is that someone might try to use the fact that you weren’t wearing a helmet against you. This detail can be used by the lawyer representing the person who struck you as a sign that you are a reckless and dangerous driver. In addition, insurance companies will often try to use the excuse that you were riding without a helmet as a way to lower their settlement offer or to refuse to pay for your medical expenses. However, a motorcycle-accident attorney will be able to prevent your lack of a helmet from being used against you if you were injured in a state or area where you are not required to use a helmet. This means that your attorney can fight against any attempt by the responsible party’s lawyer to bring that fact up while also explaining to the jury or judge that a lack of a helmet does not make you any less responsible or impair your ability to operate a motorcycle. In addition, the attorney can use the fact that a helmet is optional to counter any attempts by the insurance company to get away with low settlement offers or a refusal to pay for medical expenses.  Will Prevent You from Being Blamed Since many people do believe that motorcycle riders are reckless, a common tactic after an accident is for the responsible party to actually blame the accident on the motorcycle rider. An attorney can help you avoid this problem by compiling evidence that the responsible party was being reckless or driving while being distracted. This evidence can include eyewitness accounts of speeding just before the accident or phone records that show that the responsible party was texting or speaking on the phone just before or while he or she struck you. Contact a motorcycle-accident attorney as soon as possible if you have been struck by someone while riding your bike. An attorney that specializes in motorcycle cases can help prevent your lack of a helmet from being used against you and keep you from being wrongfully blamed for the accident. Click here to investigate what you might be able to expect from your motorcycle-accident...

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How A Domestic Violence Attorney Can Help You

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If you are attempting to leave, or have just left, an abusive situation with your children, you need to contact a attorney who specifically works in the field of domestic violence. They can do a variety of things that will help you get out of the situation that you are currently dealing with.  #1 Protective Order The first thing that you need to do in order to protect your children and yourself from your abuser is obtain a restraining or protective order. The language used from this document varies from state to state, but the idea behind it is the same. They are legal documents that make it a criminal act for your abuser to make contact with you. Generally your abuser will also have to stay a certain distance away from you and in most states, will not be able to possess firearms, even if they already own them. Getting a protective order in place will help you create physical distance and space between you and your abuser and allow you space to heal and move forward.  #2 Child Custody The second thing that you need to do is make sure that you, and not your partner, have physical custody of the children. Obtaining a protective order should help establish your case for getting sole legal and physical custody. You are going to want to find an attorney who can file a custody suit right away. A judge can grant you temporary physical and legal custody of the children while your custody case plays out in court. An attorney who specializes in domestic violence will know how to show that your partner was, in fact, abusive and will be skilled with moving your case quickly through the court system so that your child is protected.  #3 Divorce If you are married to your partner who is abusing you, you are also going to want to move forward with divorce proceedings. When splitting up with an abusive partner, there is a strong chance that the divorce is not going to go smoothly. Your partner may fight your attempts to move forward with the divorce and may try to subject you to some of the same type of abuse they inflicted previously. A domestic violence defense attorney will understand the challenges that you will face divorcing an abusive partner. They should be able to represent you in court and make it clear that all communications will go through them. They can protect you from your abuser as much as possible through the divorce process. #4 Lawsuit A fourth option that is not explored that often is filing a domestic violence lawsuit. Domestic violence lawsuits are a type of personal injury or civil lawsuit that are designed specifically for victims of domestic abuse. It allows you to sue your abuser for the pain and suffering that you went through as a result of their abuse. It also gives you a chance to be compensated for any medical expenses you injured because of their abuse, be it through mental health counseling or visits to the emergency room. It also gives you a chance to be compensated for any financial losses you endured because of their abuse. For example, if they held you back from going to work or if you lost your house...

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3 Mistakes To Avoid While Going Through A Divorce

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Going through a divorce can be very stressful. Even if the divorce is a good thing for your personal and emotional health, it is still a stressful process to complete the divorce. However, many people make the divorce process worse by making critical mistakes. Here are some mistakes you should avoid making while getting a divorce. 1. Avoid Leaving The Property Until You Have A Formal Separation Agreement It is not uncommon for couples that are struggling in their marriage to separate. Usually during the divorce process it is easier to live alone. However, you shouldn’t separate until you have a legal separation. The person who abandons the house has given adverse possession to their spouse over the house. This means that the person who has possession of the house can change the locks, and prevent the other from entering the home. Although it will be resolved eventually it can take some time to be allowed back onto the property. For this reason, you should always stay at your house until you can get the separation legalized. 2. Don’t Hide Assets It is no secret that divorce is expensive. You are not only going to be paying a lawyer, but you will also be splitting your wealth and estate in half. Because of this you might be tempted to hide assets and wealth that you have in order to protect it from the divorce settlement. This is not wise. You should always be honest about all of your accounts, and assets. During the process of discovery it is likely that everything will come to light and if it was determined that you were dishonest about your assets you could be in trouble with the court. There may be assets and accounts that are safe from the divorce, but you should be sure that you are honest and forthcoming and let the courts decide what should be included in the divorce settlement. 3. Don’t Start A New Relationship Lastly, you should hold off dating and starting any relationships until the divorce has been finalized. This may be hard since in some cases the divorce can take a good deal of time, but it will protect you. Dating and carrying on a relationship before your divorce is final can reflect badly on your case, and could even cause you to appear unfaithful, which can bode badly on the settlement. For this reason, wait until the divorce is final. By avoiding these mistakes you can protect yourself during a divorce. Read more...

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Three Tips To Pursue If Your Personal Injury Claim Is Delayed

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If you have been injured on someone else’s property, you have the right to seek out compensation for your injuries. The good news is, that most commercial and private owners have insurance that is set in place to cover these types of injuries. The bad new is, sometimes payouts can feel extremely delayed. If you are worried that your personal injury claim is going nowhere, here are three options to consider. 1. Check With Insurance Provider Vigilantly Sometimes the squeaky wheel gets the grease. If you are inquiring about your case on a weekly or even daily basis, you may be more apt to get attention. Personal injury insurance claims might be dealt with through a larger company that has competing priorities. This doesn’t mean that your case should be delayed for an inordinate amount of time. If you just don’t feel as if you are getting through to the insurance claim office handling your case, it may be time to bring in a personal injury attorney. They can help you come up with other alternatives to successfully pursue compensation. 2. Keep Documentation If you have sustained injuries that you are seeking damages from, you might still be racking up medical bills or possibly be missing work from your injuries after-the-fact. If this is the case, make sure you are keeping a running file of all costs from the specific injury sustained. Keep submitting these to your insurance agency handling the case, but also call in a personal injury lawyer to begin reviewing your claim with past and present details. 3. Bringing the Other Party to Court Sometimes the only option to get movement going on a personal injury claim is to bring the other party to court. Especially if you were injured in a public space owned by a larger company, the threat of a lawsuit can cause them to act swiftly. The good news is, backed with your personal injury attorney, you might find that the other party will quickly move to settle out of court. You should be able to get you the compensation that you deserve for your injuries and any fallout this might cause in the future. Getting hurt is never fun. This can be compounded quickly if you weren’t at fault and the other party is dragging their feet with a payout. If you are in a tough situation financially from a personal injury claim that seems to be going nowhere, it might be time to involve a personal injury attorney. They can ensure to help you a receive just settlement in a timely fashion....

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Surprising Facts About Bankruptcy You Need To Know

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A Chapter 13 bankruptcy can help you pay off some debts and get rid of others. Most people know the basics of a bankruptcy filing, but there are some facts that might surprise you. To ensure you are fully prepared to file for a Chapter 13, here are some things you might not know.  Your Creditors’ Best Interests Dictates What You Pay When you file for Chapter 13 bankruptcy, you are required to submit a proposed repayment plan to the court. The plan should detail how much you plan to pay the trustee over the course of a three- to five-year span to take care of your debts.  Your proposed repayment plan could be rejected by the court. If the plan is not considered to be in the best interests of your creditors, it will not be approved. In other words, the court wants the largest payment possible because it believes your creditors are entitled to be repaid in a reasonable amount of time. The court will review your income, expenses, and outstanding debts. After subtracting expenses, such as a mortgage loan or rent, from the income, the remaining funds are considered disposable income. The court will then calculate a minimum amount you must pay each month. If your plan does not meet that amount, it will be denied.  You will need to submit a new proposed repayment plan or risk your bankruptcy being dismissed. You Might Have to Make Payments While Waiting Confirmation Some people mistakenly believe that when they file for bankruptcy, they do not have to pay on their debts until the court has reviewed their petitions and approved or denied them. In actuality, the court might refuse to approve your petition if you have not made payments.  Personal property debts, such as your home, can depreciate over time. As a result, the lien that the creditor has on that property decreases in value. To protect the creditors, the court might require you to continue to make payments on those debts while waiting for the bankruptcy to be approved.  Depending on the state in which you live, you might have to make the payments to the trustee in your case. The trustee would then record the payment and disburse the funds to the appropriate creditors.  It is important to make the payments as dictated by the court. If you do not, the court could choose to deny your bankruptcy. For further assistance, contact a local bankruptcy attorney, such as Stuart R Whitehair...

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Tips For Making Sure Your Workers Compensation Claim Is Paid

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If you have been injured on the job, there is a good chance that you are eligible for workers compensation. However, many workers compensation companies don’t want to pay out and will do everything that they can to resist paying for a claim or reduce the amount of money that they have to pay for it. Here are some tips to make sure that your workers compensation claim goes as smoothly as possible. 1. File Before a Month Has Passed Be sure that you file your claim with the appropriate workers compensation company as soon as possible. Many companies will not be willing to accept claims if the accident that they are relying on has happened over a month ago. This can be difficult for you if you are in the hospital and are unable to fill out paperwork. If you are unable to file it within thirty days or whatever the time limit that your workers compensation company has, be sure that you are able to show the company why and you might be able to get them to accept you claim after the deadline. If you think that there is a chance, at all, that the injury that you sustained while on the job is going to cause you to miss work, be sure that you file immediately in order to ensure that you have access to funds when you need them. 2. Seek Medical Attention Immediately You are going to weaken your claim with the workers compensation company if you claim to be injured by cannot show that you sought assistance for you injury immediately. There is a chance that the company might not take it as seriously and might not pay you as much money. If anything is hurting or is strained, be sure that you go to see the doctor right away. Go to an emergency room or an urgent care clinic if your injury needs to be taken care of immediately. 3. Be Consistent Finally, other people are going to need to fill out forms for the insurance company on your behalf and are going to need to write about what happened to cause your injury. They are going to ask you for this information. If you tell your employer one story and your doctor another, you are going to significantly weaken your case. Be sure that you choose a relatively simple narrative with enough details to accurately show what happened to you, but not so many that you are unable to keep all of the details exactly right. For more information, visit or a similar...

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