Dealing With The Legal Consequences Of Being Broke

Dealing With The Legal Consequences Of Being Broke

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 http://leifericksonlawoffice.com or a similar...

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Conditions Of Your Will: Why These Conditions Are Important To Include In Your Estate Planning

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Many wealthy people have a will, and in that will they frequently include certain conditions for the surviving recipients. There are many good reasons for including conditions of inheritance when you are working out your estate planning with your lawyer. Here are a few conditions and ideas to think about when you are planning your will. You Have a Tentative Relationship with One of Your Progeny If your relationship with one or more of your children is tentative at best, and completely on the outside of things at worst, then you may want to include clauses in your will that provide for either of these situations at the time of your death. For example, you may ask your lawyer to include a passage that dictates how much and what this particular progeny inherits in the event that you two are actually speaking to each other again at the the end of your life. If the relationship is maintained and is a good one, you can include a clause that allows this prodigal child to inherit more of your estate than he or she might have had he or she remained distant or estranged. You Are Not Currently in a Relationship, You Expect Your Spouse to Die Before You, Etc. Relationships with significant others are difficult to predict when you are working with a lawyer to plan your estate several decades in advance to your expected passing. If you are currently married, you may want to include language in your will that provides for your spouse’s needs in the event that you pass away before he or she does. You may also want to include language that allows your assets and property to be passed to the next spouse or significant other in the event that your first spouse passes on before you do. Finally, you should include some legal language in your will that leaves something to your future significant other should you not currently be involved in a serious relationship with anyone. Including these passages will dissuade your other inheritors from pursuing any legal battles. You Do Not Want to Die Without Leaving Clear Instructions in a Will People often wait until it is too late to construct a will and leave clear instructions about their assets and property. Without a will, much of your accumulated wealth could go to the government, or your children and spouse or significant other could spend years fighting over these assets and property while ownership of the assets and property sits tied up in probate court. Avoid leaving such a mess behind you by at least starting a will and putting some concrete things down in writing. If there is currently too much that you do not know about your present and future (e.g., spouse, kids, special people you want to leave something to, etc.), then your estate planning lawyer can help phrase the language in your will to accommodate the unknowns until they are known.  Contact a professional from a company like Lisa Cappolella Attorney at Law to get started on your estate...

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Notes To Take In Advance Of Your First Meeting With A Criminal Attorney

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Being arrested for any type of crime is embarrassing, but having the right criminal law attorney on your side can help you clear your name and get back to living a normal life. If you’ve decided to hire the attorney over the phone, he or she will likely stress the need for you to supply a copy of your arrest report and any other documentation that you’ve received that pertains to your arrest when your first legal meeting takes place. Once the attorney has reviewed this information, he or she will begin to ask you a long list of questions. To show that you’re serious about clearing your name and being an asset to the case, here are some things to take notes on before the meeting. The Arrest Itself Think of every detail you can recall about the arrest and your interaction with police officers and begin writing these recollections down. Use point forms and provide even the slightest details, even if you don’t think they were relevant. Include paraphrase mentions of what the officers told you, what other people involved in the arrest might have said and any of your comments toward the officers. Every single detail can help your attorney take the case in the direction it needs to go to assert your innocence and ultimately have you found not guilty. Statements From Witnesses While the criminal law attorney’s team of investigators will definitely want to speak to any witnesses to the alleged crime or to your arrest, you can get the ball rolling by asking any witnesses to write statements about what they saw. For example, if you were with a friend at a store and were subsequently arrested for allegedly shoplifting something, you could have your friend write what he or she recalls about the arrest and the situation leading up to it. Even if this information comes out later on, your attorney will appreciate these details being readily available right away. Notes About The Arrest’s Impact On You If you’ve found that the arrest has changed your life in any way, jot down some notes to this effect. Doing so will help paint a picture of you as a person and how your life has been impacted by the arrest. For example, if you lost your job because you missed a shift while you were being held in jail, detail these events and how they’ve impacted you. The more small details you can include, the more your attorney will be able to get moving on the case quickly. For more information, talk directly with a criminal law attorney, such as those at Mesenbourg & Sarratori Law...

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When You Divorce, Who Gets To Keep The Dog?

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Divorces are certainly simpler when you do not have any kids, but if you do have a dog together, that can add some intricacies to the divorce proceedings. Likely, the both of you have bonded with the dog over the years. He is a part of the family, and neither of you want to leave him behind. Yet, as you proceed through the divorce, a decision will need to be made regarding who gets to keep the dog. Here’s a look at how that question is typically approached. Pets are technically considered property. When a couple with a child splits up, the court must establish which parent has custody over the child. The decision is made based primarily on what is best for the child. Many people wrongfully assume that custody over a dog is determined in a similar manner. Unfortunately, this is not the case. Dogs are considered physical property. As such, custody laws that apply to children don’t really apply to them. In deciding who gets to keep the pet, the court will treat the pet like any other piece of property — like a painting or car. The court won’t focus on doing what is best for the pet as they would a child. Rather, the goal will be to do what is best and fair for the divorcing spouses. What factors are considered when deciding who gets to keep the pet? Assuming that both of you want the dog, the judge may consider several factors to help decide who deserves to keep him. These include: Who bought the dog? If you physically purchased the dog, this could be taken to indicate that you are more of an owner to the dog than your spouse and are thus more deserving of keeping it. Who provides the dog’s care? This question is asked not to ensure the dog’s care, but to ensure that the person who has put the most time and effort into the dog’s care is rewarded for doing so. If you can prove that you’re the one who feeds the dog, takes him to the vet, and trains him, this may help convince the court that you should be the one to keep the dog. What is the dog’s value? Deciding who gets to keep a adopted mutt is a big different than deciding who gets to keep a $5,000 show dog. If the dog has a significant value, the judge will take that into account when deciding who gets to keep it. You may have to give up other valuable assets in order to keep the dog in order to ensure the marital assets are evenly distributed. After evaluating the dog’s value,who provides his care, and who had more involvement in purchasing the dog, the judge will make a ruling as to who deserves to keep the dog. Note that proving that you’re the dog’s main caregiver or purchaser can take some effort. Your lawyer, such as from the Law Office of Diane F. Russell, can help you collect the proper evidence to make such a...

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