Top Articles | Law And The Lawyer

When Going Through Divorce: Ten Things To Consider

Many marriages today end in divorce. If you feel that your marriage has reached a stage where divorce is the only option it is important that you understand fully the implications of divorce and the issues that arise from divorce. Here is a guide to ten key issues that you should understand before you proceed with divorce.

1. Finding the Right Divorce Attorney

At the outset the most important thing you can do is to find the best divorce attorney for your own needs but they may not offer a cheap divorce so see to it when getting one that you are financially ready. Remember that a cheap divorce lawyer may not always provide best outcome so consider the consequences if you decide to get one for your legal representation. If no children are involved and the divorce is particularly acrimonious you may prefer a lawyer with a reputation for being ruthless. However if there are children involved you are advised to look for a lawyer with a strong reputation in family law and specifically matrimonial law. While divorce is indeed the process of dissolving the marriage it cannot dissolve a family when children are involved. To find a family law specialist you can contact the American Academy of Matrimonial Lawyers which have their own examination process for certifying family law specialists. It is also important that you realize that the divorce process can vary from state to state and therefore you should choose a lawyer with expertise within your local area.

2. The Divorce Process

The legal objective of divorce is to end the marriage and make a decision on any issues such as child custody and alimony. The process itself varies from state to state. Generally speaking it involves a petition for divorce being lodged and a subsequent response from the other party. This will then lead to either a settlement or if necessary a trial. It can be important which partner actually lodges the initial petition as this can then decided which court will hear the matter. It is therefore advised that you seek legal advice from the outset if you feel your marriage is moving towards divorce.

3. Alternative Dispute Resolution

The end of the marriage can often take on a snowball effect with each party scrambling to save themselves and not giving ample time to consider alternatives. Seeking legal advice may start the ball rolling on the divorce process but it can also be a way of seeking advice regarding counseling if there is any desire to reconcile. Failing this a good divorce lawyer will start by attempting to solve the issues through mediation. Mediation involves both parties meeting with an impartial third party to try and reach agreement on issues pertaining to the divorce, for example alimony payments and child custody arrangements.

4. Alimony

Alimony is also known as spousal support or maintenance. It arises out of the obligation which exists between two married people to support each other. While the marriage can be ended in certain cases the court can find that this obligation still outlives the marriage. Finding a good divorce lawyer will protect your rights at the stage of deciding alimony payments. The granting of alimony varies from state to state with certain states such as Texas proving strict guidelines to judges. Other states allow judges, in their own discretion, to award alimony based on testimony given by both parties. In some case certain binding agreements may have been signed before entering the marriage which will dictate such issues as alimony.

5. Child Custody Issues

The saddest element of any divorce is most certainly where children are involved. It is important that neither party loses sight of the best interests of the child throughout the divorce process. It is a traumatic time for the children. Like divorce the child custody process is best resolved at mediation level than being carried on through to a hearing. Child support and visitation rights will also be worked out during the custody hearing.

6. Division of Assets

At the time of divorce the court must assess how property can be divided. Property can be considered as either community property, acquired during the course of the marriage, or separate property which was acquired by one spouse before the marriage. Both types of property are subject to distribution taking into account factors such as income, contribution to the family and custodial arrangements. Most states have attempted to draw up tests which can be used to divide property in a fair manner. It is therefore necessary that you have a good divorce lawyer to argue your case at the stage of division of assets, but also one that knows the divorce law of that state. The division of assets is a very complex process and one that you would be foolish not to seek advice on.

Other things may affect the division of assets, for example the existence of prenuptial agreements.

7. Pre-Nuptial Agreements

Prenuptial agreements are made before the marriage occurs and stipulate how assets will be divided should the couple divorce. Generally such agreements are considered contractually binding if they meet the following five requirements:

- They must be written

- They must be signed voluntarily

- The agreement must have been witnessed by a person who has been given authority by the state to witness legal documents such as a lawyer or other public figure

- The agreement must have been made on full disclosure of all relevant facts. If one partner marries under false pretences they cannot then claim the prenuptial agreement is still valid

- They must be ethically fair

Prenuptial agreements can include contingency clauses to cover all eventualities such as the marriage not lasting more than a certain number of years, or adultery committed by one party.

8. Third Parties

As of 2010 all fifty states now recognize the no-fault divorce. However while this is suitable in cases where both parties agree to the divorce there may also be occasion when issues such as adultery are raised as a grounds for divorce. You should beware of involving third parties as it will mean that they must be called to give corroborating evidence of adultery.

9. Estate Planning Implications

Following a divorce you will need to reassess any previously drafted wills or life insurance policies. In some states divorce will automatically change your estate plan for property you hold. If you are in any doubts about this talk with your lawyer who will best advise you on estate planning post-divorce.

10. Fees/Costs

Often hiring the best divorce lawyer does not come cheap. Cheap divorce lawyers may not provide good outcome of your case. Discuss fees at the outset so that you can have a reasonable idea of what to expect. If it is possible to keep the divorce amiable and therefore agree as much as possible out of court the cheaper the overall cost will be. If you are unable to afford a lawyer but your spouse has a much greater income you may be able to request the court to order the other spouse to pay all or part of your fees. In some areas, and based upon individual circumstances, free legal aid may also be available.

A Guide To Accident Claims: 8 Tips For Success

Filed Under: Accident, Claims, Top Articles

Being involved in an accident can be a very traumatic time. Accidents can leave you with long term health problems and may affect your ability to work either in the short term or in worst case scenarios it can reduce your long term employability. While it is understandable that recovering from an accident may take some time it is also important to take steps immediately if you feel that you want to make a claim for compensation. This will increase your chances of success.

If you have been the passenger in a motor car accident and have sustained injuries through no fault of your own you may then feel the most appropriate choice for you is to file an accident claim with the accident claim advice of car or motorcycle accident attorneys. This article will give you some important tips on how to get the most out of your claim.

1. Act fast: Under the Statute of Limitations there are time limits for your ability to file an accident claim. These time limits depend on both the type of accident and the state in which the accident occurred. They can be very specifically laid out in statute such as in Illinois where you only have two years to file an accident claim for an injury arising out of a motor vehicle accident. Therefore it is important that you act fast after being involved in an accident. You will be unable to pursue this claim after the stipulated time limit has elapsed. Acting quickly will also help you to gather all of the necessary evidence and documentation needed to pursue a claim.

2. Report the accident: Make sure that the accident is reported to the necessary authorities. This creates an official paper trail which will be useful evidence in your case. Even if the accident seems small at the time it is always best to cover yourself by ensuring it has been reported. You should also seek the advice of a medical professional immediately. In order to file a claim for an injury you must have medical evidence of this injury.

3. Contact an accident attorney: Even if you are undecided whether or not you want to make an accident claim it is always advisable to meet with an attorney to discuss your options. Choose an attorney with the necessary experience to give you the best possible advice. If you have been involved in a car accident choose an attorney who works specifically in the field of car accident claims. Even if an attorney has been successful in accident claims for other areas of law this does not mean they will know all of the relevant law to take your case. Also understand that laws vary from state to state. Therefore if your accident happened in Florida you are best advised to hire an attorney with experience of pursuing accident claims within Florida.

4. ‘No win, no fee’ lawyer: If paying attorney fees is too expensive you should not let this deter you from pursuing a claim. Contact your local bar association who will be able to give you details of those attorneys working in your area on a ‘contingency fee’ basis. They will act on your behalf and only take a fee if your claim is successful. Otherwise known as ‘No Win, No Fee’ lawyers they can be a useful way to access the legal system. You should be aware that often the percentage they take from your overall claim can be as high as 40% so think carefully before choosing this option. It may be a much more expensive way to pay for a lawyer than on an hourly basis. If you choose this option always ask in advance what percentage they take and also if you will be expected to pay for additional expenses such as records and expert witness testimony.

5. Keep good records: Although you may be in a state of shock at the time of the accident it is still important that you keep good records of all necessary information. Note down the date and time of the accident and any recollection you have of how the accident occurred. You should also request a copy of the police accident report form and copies of any relevant medical records. If it is possible take pictures of any injuries sustained. Claims may take some time to process and therefore photographic records may be important at the time of the claim when signs of physical injury are no longer visible. If your claim goes to trial your attorney must show that the accident was the fault of the person you are claiming against and also that it caused the injuries for which you are claiming compensation. The burden of proof rests on your counsel therefore you should assist in any way possible to ensure a greater chance of success.

6. Record the impact upon your life: After the accident it is also a good idea to continue to record any details concerning your health, any days you are unable to work due to your injury. Your claim for compensation will not just be based upon your physical injuries it can also take into account psychological and emotional damage. Therefore it is important that you keep a record of this. Also record any expenses incurred as a result of your injury.

7. Talk to other victims: If the accident led to other people being injured it is a good idea to maintain contact with them. This may strengthen your case further down the line as they can act as witnesses to the events surrounding the accident.

8. Manage your expectations: From the outset you should discuss both your chances of success with your attorney and also what amount you can reasonably expect should your case be successful. As your attorney may try to save you time by agreeing to an out of court settlement it is also important that you tell your attorney what your expectations are. Part of your attorney’s job is to manage your expectations. If you are both open from the initial meeting this will make it easier for the attorney to manage your expectations from the outset.

Hopefully you will never be involved in an accident and therefore making an accident claim is never something you will have to do. However if the unfortunate happens it is always best to be prepared and know which steps to take to increase your chances of success. If you even have an interest in filing a claim talk to a specialized accident claim lawyer immediately.

Filed Under: Accident, Claims, Top Articles Tagged With: accident claim, accident claim attorney, accident claim attorneys, accident claim law, accident claim laws, accident claim lawyer, accident claim lawyers, accident claims

Facing Foreclosure? Seven Options For Resolution

Filed Under: Foreclosure, Top Articles

Foreclosure has become a real problem for many people across America with houses being repossessed daily. While the term foreclosure can apply to more situations than just a mortgage this article deals specifically with the mortgage situation. Foreclosure occurs when a borrower falls behind on their mortgage repayments and the lender then begins proceedings to have the house repossessed in order to recoup the loan.

Contacting the Lender

If you have fallen behind on mortgage payments and feel you are at threat of foreclosure do not bury your head in the sand. It is best to face the problem head on as dealing with it sooner gives you a greater number of foreclosure alternatives. The first step is to contact the institution which has provided the mortgage. They may be able to offer you a number of alternatives depending on how far down the track you are with your defaults.

1. Hardship Letter: This is your opportunity to explain your circumstances to your lender, and also the first step in any negotiation process to save your property. Remember there is a current crisis in the number of foreclosures. Therefore understand that the person reading the letter may well read hundreds of others on a daily basis and it is important to make your hardship letter short and to the point. This letter gives you a chance to document any short term issues which have caused you to default on the repayments such as unexpected illness, death of spouse or any natural disaster such as flooding which may have affected your ability to repay.

2. Forbearance: In specific situations of financial hardship such as unexpected illness and temporary loss of job it may be possible to talk with the lender about granting forbearance. This will put a hold on the repayments until the situation has improved at which point repayments, coupled with additional payments, will restart. This is not an option for everyone but can be a useful way of saving your property form foreclosure at times of temporary financial difficulty.

3. Loan Modification: The lender may offer to modify the original loan. In a way this is kind of a refinancing arrangement however it does not involve any closing costs and therefore may be more affordable. By modifying the loan you may be able to negotiate lower interest rates or a reduction in the amount owed.

4. Refinance the Loan: If you own an equitable portion of the property, for example if you outright own 50% of the property, you may therefore be able to refinance the mortgage based upon this as collateral. However there will be closing costs associated with refinancing and therefore it is only suitable for those who can afford such costs. Often in the case where a family or individual have fallen behind with mortgage repayments such extra costs are not affordable.

5. Sale of the Property: If you wish to sell the property but would like to avoid the negative consequences of foreclosure, such as a bad credit rating, you can discuss a short sale with the lender. You will need to talk with the lender about accepting the sale price as it may be less than the debt itself. Trained foreclosure attorneys can assist with such negotiations.

6. Chapter 13 Bankruptcy: This may provide the best solution to protect your property. If you have a regular income you may be able to work out a repayment plan with the court which allows you to repay the back payments over 3 – 5 years. However you will also have to continue with current payments.

7. Contact Other Agencies: If all else fails do not despair. While the lender may not be willing to discuss these alternatives you may be able to find assistance with government agencies whose interest lies in avoiding foreclosures. The Hope for Homeowners Act of 2008 may be of assistance in changing your mortgage into a more affordable one. For further information on what is available either contact an attorney or go online.

On Seeking Legal Advice

Always seek legal advice when you feel foreclosure is a real threat. Attorneys, specifically trained in the law surrounding foreclosures and also foreclosure defenses, will offer the best chance of protecting your property. They can explain the full foreclosure process to you and therefore assist you in determining the best action for yourself and your family. Your foreclosure attorney can draft all legal correspondence and represent you both in court and also at the negotiation table. It is also important to hire an attorney to carry out a thorough investigation into the behavior of the lender. If they have violated any of the law surrounding the issuing of mortgages this can then be used in your favor at the bargaining table. Make sure you hire a reputable attorney who has specific experience in the area of foreclosure law. Contact your local bar association or research online to find the best options. Remember that foreclosure defense tactics can vary from state-to-state therefore it is best to contact a local lawyer who knows the local variations in the law.

Foreclosure can be avoided but only if you take action the minute you feel unable to make repayments on your mortgage. Delaying will not help you save your house.

Filed Under: Foreclosure, Top Articles Tagged With: forbearance, foreclosure, foreclosure advice, foreclosure lawyers, foreclosure legal advice, foreclosure options, loan modification

How To Deal With DUI/DWI Charges – A Concise Guide

Filed Under: DUI, Top Articles

DUI is the crime of Driving Under the Influence of Alcohol or drugs, or a combination of both. It is also known as DWI which stands for Driving While Intoxicated. For alcohol the legal Blood Alcohol Content is 0.08% and this can be measured using blood tests. Determining what it means to be under the influence of drugs is less easy to establish. The general test applied is that the drugs taken must affect the person in a way which means their ability to drive a vehicle is not that of a ‘prudent and cautious’ person. Drugs can include not only illegal substances but also over the counter medicine which can increase drowsiness such as cold remedies. Any such medicine comes with a warning concerning the potential side effects especially when combined with alcohol.

It is dependent on the individual state as to what can be defined as a vehicle in a DUI conviction. In Ohio a motorized lawnmower can be considered as a vehicle and it is therefore a crime to drive under the influence. In California a person riding a horse on a highway can be convicted of DUI if they are doing so under the influence.

If you have been arrested for DUI it is important to get legal advice straight away from a lawyer specifically trained in DUI. The penalties for DUI can be severe however a trained DUI lawyer will have the necessary experience to either argue against the prosecution’s case or alternatively argue for a less severe punishment. Remember that the prosecution is responsible for proving your guilt beyond a reasonable doubt. Therefore the sooner you seek legal advice the better your chances of defending yourself against the prosecution case. Contact your local bar association or go online to find the best lawyer in your area. There are good defense lawyers in your area. If you are in Dallas, you may hire a great Dallas defense attorney as your legal defense. You may even get a good Dallas DWI lawyer. Remember to get the right attorney so doing research would be necessary.

DUI/DWI Penalties

DUI penalties vary from state to state. Georgia and Florida are among those states which have the longest jail terms for first time DUI offenders and therefore can be considered among the harshest states. Upon conviction for DUI a range of penalties may apply.

License Restriction: An arrest for DUI can lead to automatic loss of license. Therefore you should contact the Department of Motor Vehicles (DMV) immediately after being arrested to request a hearing. In terms of drugs the situation is less clear. Using chemical tests it can be established whether or not you are over the 0.08% blood alcohol content limit and the DMV can retract your license automatically on this basis. While you can be tested for the presence of drugs there is no test for the presence of a specific level of drugs which can be considered as over the limit. Therefore in such instances it is not as easy for the DMV to revoke your license. The courts also have the power to revoke driving licenses.

Impounding your Vehicle: It is possible that your vehicle may be impounded or fitted with ignition locks. These locks prevent you driving while under the influence of alcohol.

Alcohol and Drug Education: The court can order that you attend a specified period of time at an alcohol and drug education centre.

Fines: The fines imposed for DUI are set at state level and therefore can vary. They are usually higher for those who have already been convicted of DUI.

Community Service: As an alternative to imprisonment a convicted DUI offender may be required to carry out a stipulated number of hours of community service.

Imprisonment: While imprisonment is not automatic for first time offenders this does vary from state to state. There will be some factors which may increase the likelihood of you receiving a more severe punishment such as imprisonment. These include the presence of children in the car while driving, whether this is your first DUI offence, your behavior when arrested and also the presence of a very high Blood Alcohol Content.

If while driving under the influence you are involved in an accident resulting in the death of another individual you will be charged with vehicular manslaughter which carries much longer sentences in prison.

Arguing your DUI Case

The prosecution will rely on four key things to get a conviction for DUI. A good DUI attorney will be able to argue your case and try to undermine the prosecution’s case on each of these points.

1. To begin with the prosecution will present evidence of your driving patterns to demonstrate the fact you were driving under the influence. Such evidence is generally the observations made by the police prior to your arrest. This is a very subjective type of evidence and can easily be rebutted by your DUI lawyer who can provide evidence of how many years you have consistently driven in a safe manner. In some states such as Alabama it is not even necessary to provide evidence that a driver was driving erratically. Just being in charge of a car, whether driving or not, can be sufficient for a DUI conviction if you are under the influence.

2. The prosecution will also present evidence of your physical appearance when you were arrested. This can include such things as red eyes, alcohol on the breath. Once again your lawyer can present doubt as to whether or not this is evidence of DUI. Red eyes can also be the result of allergies, crying and numerous other factors. In terms of alcoholic breath, this is also very debatable. Non-alcoholic beer can also taint your breath in such a way as to suggest you have been consuming alcohol. It is the ingredients other than the alcohol which give this smell.

3. A third piece of evidence submitted by the prosecution will be the results of field sobriety tests carried out at the scene. It is commonplace to ask drivers to do such tasks as walk along a straight line. Your lawyer may be able to argue that such tasks were carried out under stress of arrest and therefore are unfair as evidence of DUI. Breathalyzer tests may also have been carried out at the scene. Your lawyer can challenge the accuracy of such a test by requiring the prosecution to submit evidence that the breathalyzer used has been well maintained and tested for accuracy.

4. So far the evidence submitted by the prosecution is more circumstantial. The hardest evidence to challenge is that of the chemical testing for Blood Alcohol Content (BAC). While some states vary in the sentencing for DUI the legal BAC limit is 0.08% across all states. While this is indeed compelling evidence of guilt your lawyer can attempt to dispute the findings of the testing. It is actually possible, though not easy, to prove that alcohol levels when tested at the police station were higher than the alcohol level while driving. Such an argument takes into account the digestion process and stomach contents of the driver.

Although it is possible to have a case of DUI dismissed with good legal representation it must also be remembered that the act has been criminalized for very good reason. All efforts should be made to ensure that you avoid driving while under the influence of alcohol or drugs, for both your own safety and that of those around you.

Filed Under: DUI, Top Articles Tagged With: dui, dui charges, dui law, dui lawyers, dui penalties, dwi, dwi charges, dwi laws

Child Custody – A Regrettable Battle

Filed Under: Domestic, Top Articles

Starting a family is one of the most important things you will ever do in life. Unfortunately there is no guarantee that the relationship aspect of that family will last forever. If you have children and you find yourself in the regrettable situation of either divorce or separation it is important not to lose sight of the fact that any decisions you make will have a profound impact upon your children’s lives. Whether the separation is friendly or not the issue of custody must be dealt with.

Custody – Understanding the Terminology

During any custody disputes it is important that you understand the different terminology which will be used. Physical custody gives the parent the right to have the child live with them on a daily basis, and involves making all day-to-day decisions such as what is for dinner, what is bedtime. Legal Custody on the other hand grants the parent the right to make significant decisions regarding the long-term welfare of the child such as schooling. Custody can be granted to either parent or can be granted to both jointly. Within a joint custody arrangement the parents can then establish what is known as a parenting plan. This may involve a one-week rotation between parents or indeed a timetable based around school holidays. The larger decisions regarding welfare are then made jointly. In situations where one parent has sole physical custody the other parent will normally be granted visitation rights. Once custody has been resolved then issues such as child support must be decided upon.

Resolving issues of Child Custody: Mediation

The process of deciding custody can vary depending on the ability of the parents to reach agreement. At all times the best interests of the child must be considered as paramount. Therefore if custody can be resolved through mediation rather than litigation this is to be considered more favorable for the interests of the child. In mediation both parents, and sometimes the children, will meet with a court appointed and trained mediator or mediation attorney. The mediator will then talk through all of the issues with the parents and attempt to bring them to some kind of an agreement. If the custody dispute is part of divorce, especially a bitter divorce, it is sometimes hard to separate the two. However in this case the children will suffer. Parents are choosing to end their relationship with each other and sometimes children can be used as pawns in this. In such cases often mediation will fail and it will be forced into the court system.

Custody Litigation

When mediation has failed the matter will then be brought before the court. The court may, at its discretion, order an investigation to be carried out by social workers to establish the best interests of the child. A report of this investigation, with recommendations, will then be submitted to the court.

If the court feels it is in the best interests of the child it may also appoint a guardian ad litem to represent the child. This is a lawyer who acts on behalf of the child, in a guardianship role, throughout the divorce proceedings.
If, following the report being presented to the court, both parents are still unable to reach agreement the court will request arguments from both sides. At this stage the matter is no longer in the control of the parents but is now up to the judge to decide.

At the hearing children may sometimes be called as witnesses. This is not always in the best interests of the child as having to choose between parents is a very traumatic experience for a child. While courts may choose to interview the children in order to establish their wishes a decision will not be made on this interview alone. At all stages the lawyer, as an officer of the court, must act in the best interests of the child even if this is in conflict with the wishes of the parent the lawyer is representing. Therefore you will not be able to force your lawyer into calling your child as a witness.

Child Support

After resolving the issue of custody the court will then address the issue of child support. How much is paid, and by whom, will depend on individual state laws and also the income of both parents and the custody agreement that has been reached. These variables will then be put into a formula and a suitable amount decided upon.

The break-up of a relationship is not a good time for anyone. However it is still possible that the best interests of the child can be protected providing they are factored into the entire process. If you are involved in a custody dispute always remember that how you behave will ultimately impact upon the welfare of your children.

Filed Under: Domestic, Top Articles Tagged With: child custody, child custody attorney, child custody lawyer, child custody meditation, child support, custody, custody law, custody trial

Juvenile Offenses And Parental Responsibility

Filed Under: General Law, Top Articles

As a parent you hope that your child will grow up healthy and happy. You are there for them when they start school, when they fall off their bike and when they pass or fail their exams. Sometimes being a parent also means being there for your children even when they disappoint you. For parents of those children who break the law this can be a difficult time. On one hand you want your child to learn a lesson about committing crime but on the other hand your protective instinct kicks in and you feel the need to protect them from an even greater threat, that of the juvenile justice system.

Ten Points On Juvenile Offenses

Over recent years as the child protection system has grown so have developments in the protection of children in the justice system. In order to offer the best support and protection to your children who have committed an offence it is important to know some key aspects of the juvenile justice system, and also the area of juvenile defense work.

1. Every juvenile who comes before the court will be appointed with counsel. However you may also, as a parent, choose the right lawyer to defend your child. The lawyer selected should be trained in juvenile justice matters and the representation of children. While you may normally use a particular law firm for business and personal legal issues defending juvenile offenders is a very specific area and the right lawyer for your child is one that has all the necessary experience.

2. It is important that you, the parent, understand that while the lawyer should forge a productive relationship with you ultimately the client is your child. While you may feel it is your parental responsibility to be present throughout all interaction between the lawyer and your child this may ultimately not be the best thing for your child. The lawyer must also gain the trust of your child and build a relationship. Therefore you should understand that your role is crucial as a support to the lawyer but at times you will have to take a step back. Under the Juvenile Justice Standards the child is the client and therefore has control of the decision making in regards to their case. It is imperative that you do not let your emotions cloud the issue of your child being in control of the decision making. At all times the lawyer will also be advocating for the best interests of the child.

3. The primary focus of the juvenile justice system or other offender programs is based around the idea of rehabilitating juvenile offenders rather than punishing them. Therefore you will have more interaction with a range of specialists such as education psychologists and social workers. This reflects the vulnerability of juvenile offenders as opposed to adult offenders. In many states the juvenile court is located within either the civil court or family court division.

4. It is important that you provide any necessary evidence which can demonstrate the good moral character of your child. This includes school reports, membership of local community organizations, sporting teams etc. If you can help your child’s lawyer to demonstrate that rehabilitation would be better carried out in a non-detention setting you may be able to steer the disposition away from the option of imprisonment. It is also a positive step to source reliable references as to your child’s character which may demonstrate that the commission of a criminal activity was out of character for your child.

5. To demonstrate the existence of a supportive and caring home may also be crucial to the decision making of the judge in regards to impose detention or not. As a parent your continued presence at the hearings is very important as is the way you treat the judge and other officers of the court. By demonstrating respect you therefore provide the judge with a sense of the home environment as being stable and respectful. Although at times it may be difficult to restrain from speaking when you hear the prosecution discussing your child, it is in the best interests of everyone for you to do so.

6. It is important that you as a parent understand that while your child is your primary concern the state itself must weigh the interests of your child against those of society in general. If your child has committed a vicious assault against another individual the state will have to address the need for detention as a means of protecting society while rehabilitation is carried out. However if your child has attacked property these same considerations may not be necessary.

7. Different terms are used in the juvenile justice system than in the adult criminal system. The word defendant is replaced by respondent. Rather than being called a trial it is called adjudication. Instead of a sentencing hearing the court will carry out a disposition.

8. The rights of juveniles are similar to those of adults in terms of due process protections such as the Fifth Amendment Right to Silence. However unlike adults within the criminal justice system juveniles have no Constitutional right to a trial by jury.

9. Juvenile offenders can be tried within an adult court if it is felt this would be a more appropriate setting. This can occur when the offender already has a previous criminal record, or if the crime committed was particularly severe. Another ground for pursuing the matter in adult court may be if others were also involved in the offence and they are adults.

10. An increasing number of states are now adopting the idea of blended sentencing for juveniles. Almost a third of states have recognized that for some cases neither the juvenile system nor the adult system is fully appropriate. Therefore the offender may pass through the juvenile system at first and into a juvenile detention center; however this will be reassessed when they reach their 21st birthday.

Filed Under: General Law, Top Articles Tagged With: juvenile attorneys, juvenile court, juvenile court cases, juvenile law, juvenile lawyer, juvenile lawyers, juvenile offenses

8 Tips For Choosing A ‘No Win-No Fee Lawyer’

Filed Under: Claims, General Law, Top Articles

‘No win-No fee’ lawyers, also known as ‘contingency fee’ lawyers, are standard practice within the American legal system. You can even get a burglary lawyer or assault lawyers of this kind. You are also free to choose a male or female lawyer. To put it simply they will take your case and guarantee not to charge lawyer consultation fees unless they are successful at which point a percentage of your claim will be deducted to cover their fees. For those people who cannot afford to pay the fees from attorney consultation to the costly hourly fees charged by most law firms it makes the legal system more accessible. Sounds good, doesn’t it? However, while this is indeed an excellent option for a lot of people caution must also be exercised. These 8 tips will provide an idea of the things that you should look for before you proceed with a claim on a ‘No Win-No Fee’ basis.

1) Finalize the Percentage Payment

Under the Rules of Professional Conduct any ‘contingency fee’ arrangement must be clearly laid out in writing and state exactly what percentage payment will be deducted from a successful claim and also how this percentage will be calculated. Some law firms use a sliding fee scale according to whether or not the claim is settled before going to court or after. Make sure you fully understand the percentage to be paid as it may end up being drastically more than just paying on an hourly basis. Generally you can be expected to pay between 25 – 35% of any successful claim.

2) Establish What Expenses Will Be Incurred

While the lawyers may offer a no fee service in the event of losing the claim do not forget that there will be other costs incurred. These include doctor’s charts, medical records, and expert witness testimony. Ask in advance how these costs will be paid for. Will you have to pay or is the law firm willing to advance the payment. It is also important to clarify how expenses will be treated in the final calculation of payment. Will such costs be taken into account before the lawyer’s percentage is calculated or will the fee be deducted from the full settlement amount? These expenses can be costly and therefore working out how the percentage is calculated may make a big difference to the amount you receive.

3) Check if the firm has the necessary experience

‘No win-No fee’ cases can cover a wide range of issues. Make sure that the firm you select has the necessary experience in the exact area your case will be pursued. A ‘contingency fee’ lawyer with a 100% success record may seem like ideal choice. However if they have only ever worked on road traffic accidents and you are claiming for a workplace injury they may not know all the relevant law. Each area of law requires particular knowledge and experience.

4) Big Firm vs. Small Firm

‘No win-No Fee’ claims rely upon success in order for the lawyers to receive a fee. Therefore for such claims taken by a larger firm it may be that the initial consultation is with a senior lawyer however the case is effectively delegated to a junior associate or paralegal. If you choose a smaller firm it is more likely that the person you meet with at the outset will deal with your matter from start to finish and therefore be more familiar with your case. However you may find it is more difficult to secure a small firm for a ‘No Win-No Fee’ basis as they may need a guaranteed income from the case.

5) Managing Expectations

It can be argued that a lawyer will not take a ‘No Win-No Fee’ case unless they believe they have a strong chance of winning, however nothing is 100% certain. Before committing to any claim ensure you fully understand the chances of success, what you can reasonably expect to receive should you be successful and also what will the proposed timeframe be. It is important to manage your expectations and keep them realistic. Often the advertising for ‘No Win-No Fee’ lawyers tend to encourage you to think it is impossible to lose. However some cases do lose. Make sure you understand that and have not spent the money before you even receive it.

6) Check the Small Print

As with any contract before you commit yourself make sure you understand all of the eventualities. It has already been stated how important it is to establish the percentage fee and how expenses will be covered. It is also important to check what happens if you decide to terminate the claim half way through. You may well then be liable to pay for all of the hours worked on your case.

7) Ask Questions

The stupidest question is always the one you don’t ask. In order to establish a good working relationship with your lawyer it is important that you feel able to ask about any issues which concern you. It has already been stressed how important it is to ask about the percentage fee, who will pay expenses and how much experience the firm has in the particular area of your claim. If you do not feel you can ask your lawyer these questions, or they seem apprehensive to answer them, then it is time to find another lawyer.

8) Shop Around

If you are shopping for a car you don’t buy the very first one you see. Likewise, when trying to choose the right ‘No win-No Fee’ lawyer you should shop around. There are numerous law firms out there trying to push for contingency fee claims. Make sure you choose the right one for you. Remember ‘No win-No fee’ lawyers work on the basis they will receive a chunk of the pie, it is important not to choose a lawyer who is only concerned about how big that pie is. Before committing to a claim, make sure to follow these tips and ensure the lawyer has not only the experience to assist you, but also understands what is in your best interests.

Filed Under: Claims, General Law, Top Articles Tagged With: no win no fee, no win no fee attorney, no win no fee attorneys, no win no fee lawyer, no win no fee lawyers

Bankruptcy For Beginners

Filed Under: Bankruptcy, Top Articles

What is Bankruptcy?

Bankruptcy occurs when an individual or business is no longer able to pay back debts or borrow money to do so. They can therefore petition the court to file for bankruptcy thereby putting a stay on any debts owed. While the matter is being decided creditors are forbidden to contact the debtor to demand payment. These debts can then either be discharged under a Chapter 7 bankruptcy or a payment plan can be established under a Chapter 13 petition needing the legal help of a chapter 7 and chapter 13 attorney. Otherwise, you may need to file bankruptcy yourself.

Alternatives to Bankruptcy

Declaring an individual as bankrupt is a complex process and can have serious consequences. It is important to ensure that all other alternatives have been exhausted before resorting to Bankruptcy. The first alternative is that of debt consolidation which means you can essentially combine all of your unsecured loans such as credit card debts into one repayable amount. This is a much more manageable and generally lower interest method of getting back in control of your finances. If this is not an option then you can also seek credit counseling. This step involves a credit counseling agency which will provide you with advice on your situation and help to draw up a Debt Management Plan with your creditors which will allow you to repay them over a 5 year period.

What is the Bankruptcy Code?

The Bankruptcy Code was developed in 1978. Under the Bankruptcy Code there are five different types of Bankruptcy. This article deals specifically with those types which apply to personal bankruptcy under Chapter 7 and Chapter 13 of the code.

Chapter 13 Bankruptcy

Bankruptcy is clearly a last resort for individuals who can no longer manage their finances. Personal bankruptcy under Chapter 13 offers a breathing space. If you are unable to pay all of your debts in the immediate however you are in receipt of a regular income and therefore would be able to draw up a repayment plan of between 3 – 5 years then this may provide the best option for you.

To begin with you must file your petition with your local bankruptcy court. Forms for bankruptcy are available for purchase from stationary stores. Once filed all actions against you will be put on hold while the matter is dealt with. Your petition must include details of:

- All assets and liabilities
- All income and monthly expenditures
- Any contracts or leases you are obligate to
- A list of all assets which can be considered as exempt

Either at the same time or within the next fifteen days you must also submit a repayment plan. A meeting is then held with all creditors. You are obliged to attend and answer questions put to you. This is then followed by a court hearing at which it will be decided if your repayment plan is realistic and complies with the Bankruptcy Code standards. At the hearing creditors have the right to object if they feel that what they will receive under such a repayment plan is less than they would under a Chapter 7 liquidation. They can also object on the grounds that you have not committed all of your extra income to the repaying of debts.

If successful then you must begin making repayments to an appointed trustee. If unsuccessful you can then either modify the repayment plan to a more acceptable one or file under Chapter 7.

Chapter 7 Bankruptcy

This type of bankruptcy is referred to as liquidation and an individual, partnership or business can apply. As an individual to apply for a Chapter 7 bankruptcy you will be means-tested to ensure you are not eligible to file under Chapter 13. If you are in receipt of a regular income that would be sufficient to repay your debts under a repayment plan then you will not be able to apply to have these debts discharged. Chapter 7 Bankruptcy is intended for use by honest individuals who have found themselves unable to repay debts. It is not to be misused by people who just want to shirk responsibilities.

The process by which a Chapter 7 petition is filed is similar to that of a Chapter 13 action. First a petition is filed with the same information attached as under Chapter 13. Then a meeting is held for creditors. Then at a court hearing instructions will be given regarding the liquidation of all non-exempt assets to repay the debts and the debt will be discharged.

It is important to also realize that some debts will not be discharged such as alimony and child support. The Bankruptcy Code does not offer an individual the chance to wipe the slate completely clean when it comes to certain key responsibilities such as parenting.

Exempt Assets

These are assets which are precluded from liquidation under Chapter 7. It generally applies to items such as clothing, work tools and vehicles up to a certain amount. It can also be argued that a certain portion of equity in your own home is exempt. However as the law changes between states and also between state and federal law it is best to talk with your lawyer.

Types of Debt

In order to understand the law surrounding bankruptcy it is essential to know the differences between secured and unsecured debts. Secured debts are those which the credit was based upon the right of the creditor to seize certain assets, for example a mortgage. Unsecured loans are those in which the credit was given based upon an assessment being made of the debtor’s ability to repay, for example credit card debt.

Tips on Finding a Bankruptcy Lawyer

Technically you do not need to have a lawyer to file for bankruptcy. However it is a particularly specialized area of law and you will not be given any special treatment because you are without legal representation. Therefore it is advisable to retain a lawyer. It is also possible that if you submit incorrect documents you could actually face charges of bankruptcy fraud.

When searching for a lawyer ensure they are fully trained in bankruptcy law, knowledgeable in the local rules, up-to-date on legal developments and that their bankruptcy attorney fees are reasonable. Go to your local bar association or do some online research to find a list of local lawyers. When selecting a lawyer ensure they are aware of local bankruptcy laws as they can vary from state-to-state. Also those assets which are considered exempt can vary from state-to-state.

Also look for law firms which are knowledgeable in credit repair resources. After filing for bankruptcy it will be important that you seek professional advice on ways in which you can start to repair your negative credit history

Consequences of Bankruptcy

It is important that you do not consider filing for bankruptcy, especially under Chapter 7, as an easy way out. There are serious consequences of being declared bankrupt. It will negatively affect your credit rating and preclude you from applying for a home loan for two years after the debt has been discharged under Chapter 7, or two years after all debts have been repaid in full under Chapter 13.

Filing for bankruptcy can also have implications for your career as you will no longer be eligible to hold the directorship of a company. Also you may lose personal assets such as property and expensive cars. Creditors do have the right to petition the court for this.

If, after taking into account the potential consequences of filing a bankruptcy claim, you still feel it is the only option available to you then remember to seek legal advice immediately

Filed Under: Bankruptcy, Top Articles Tagged With: Bankruptcy, bankruptcy attorney, bankruptcy for beginners, bankruptcy law, bankruptcy lawyer, beginner bankruptcy

Pro Bono Attorneys: Choosing A Lawyer That Can Help You For Free

Filed Under: General Law, Top Articles

Pro Bono comes from the Latin term pro bono publico which translates as for the public good. Pro bono in the legal world means the work carried out by an attorney for free because it is viewed as being in the public’s interest to do so. Pro bono work has gained in popularity in recent years with the American Bar Association recommending that all attorneys should spend at least 50 hours per year on pro bono legal work. In a cut throat world of billing by the fifteen minutes this is actually a substantial commitment.

Law firms do not tend to advertise the availability of their pro bono services and therefore finding a good lawyer may take some effort. Larger firms often have a pro bono coordinator and by contacting them you may be able either to secure an appointment or get a referral to a different pro bono lawyer. You can narrow down the number of firms you contact by focusing your research on the firm’s specific core area of legal business. If you research the law firm online you can also see whether they are members of relevant accredited organizations. For example if you are looking for a pro bono divorce female lawyer, you may want to find one that is a certified member of the American Academy of Matrimonial Lawyers as this organization has an examination process before certifying firms as members. As with finding a fee paying lawyer you are also best advised to contact your local bar association for a list of those lawyers in the state who agree to take pro bono cases.

While it may seem that any lawyer willing to work for free would constitute the best lawyer to choose it is still important that you give as much consideration to choosing a pro bono lawyer as you would to choosing one that you were paying for. It is important to ensure that the pro bono lawyer you select has the necessary experience in the area you wish to pursue. If you are seeking a pro bono lawyer for a custody dispute then a lawyer who specializes in bankruptcy will clearly lack the necessary experience and knowledge of the law. They could be the best bankruptcy or debt lawyer in the entire state but if they do not know the relevant law they will not be successful in representing you.

As important as it is that the lawyer has the necessary experience, locality is also important. Laws vary from state to state and your best chance of success lies with a lawyer who knows the intricacies of the local laws.

It is also essential that you establish at the outset if you will be responsible for any expenses such as the provision of medical records or the testimony of expert witnesses. If you are responsible you should also ascertain how much these expenses should come to in total, and if you are expected to pay upfront.

Law firms bill by the fifteen minutes. Therefore it is important that you understand at the outset that the time allocated to your case may be limited. Discuss this with your pro bono lawyer before committing to the case. If you feel that the time allocated will not be sufficient then it may be necessary to choose a lawyer who has more available time. Ask questions about how often they will be able to meet with you, how quickly are they able to respond to emails and telephone calls. All of these issues affect their ability to take your case. It does not matter if they are free if you are never able to contact them.

The main issue is that you are able to openly discuss such issues from the outset. If the relationship starts with you feeling unable to ask questions as you are not paying then it will not be a good working relationship. Just because the service is being provided for free does not mean that you should not expect the best service possible. If you are unable to communicate freely then you should seek other representation.

You may feel that your case is of the utmost importance to you. However you must manage your expectations of finding a lawyer who is willing to take your matter. Pro bono work is highly sought after and as such often goes to those people who are considered unable to pay for a lawyer themselves, yet the matter warrants an action being taken. Pro bono lawyers may therefore be choosy about who they feel is justified in being represented for free. They may also have a tendency towards cases in which their pro bono work draws attention. If your matter is not especially media worthy or if they feel you are not financially deserving of representation they may refuse to take the matter. Do not be disheartened. There are other pro bono attorneys. It may just take some time to find the right one.

Filed Under: General Law, Top Articles Tagged With: free attorneys, free law advice, free lawyers, free legal advice, pro bono attorney, pro bono attorneys, pro bono law, pro bono lawyer, pro bono lawyers, pro bono legal advice

Important Tips For Appealing A Criminal Conviction

Filed Under: Criminal, Top Articles

If you, or someone you know, has been proven guilty by the lawsuit or litigation attorney of the other party of committing a criminal DUI or other criminal offense and you feel the conviction has been unfair the next step may be to initiate an appeal. This article looks at some of the things you should be aware of during the appeals process.

1. The Right to Appeal

If you have a guilty plea at the original trial you must request permission from the court to appeal the conviction. If however you pleaded Not Guilty you have the right to appeal without first seeking permission. At the appeal you will be known as the appellant. You may retain the same counsel or felony or assault lawyers, train accident attorney or murder lawyer as during your trial or you are also entitled to seek new legal counsel like federal criminal defense lawyer or appeal attorney. On appeal your criminal appeal lawyer must submit a brief, arguing grounds for appeal, to the appellate court alongside a transcript of the original trial proceedings. If you are in Dallas, a Dallas defense attorney may work with your appeal. For DWI cases, you may choose among the best DWI lawyers and hire a Dallas or Texas DWI attorney.

2. Appeal Based on the Law Not on Facts

It is important that you understand from the outset that the appeal will not be a retrial as such. Instead it will focus on arguments concerning legal aspects of the original trial which your defense counsel believes to have been incorrect and which may have negatively affected the outcome of the trial leading to your conviction.

3. Insufficiency of Evidence

As an exception to the rule that an appellate court does not reassess the facts of the case is the rule regarding legal insufficiency of evidence. If such a finding was made on appeal then the original conviction would be overturned and the prosecution would be unable to seek a retrial. Although convictions are very rarely reversed on these grounds it is still a possibility. The appellant would have to prove that the original trial facts did not support a conviction. If successful the judge in the appellate court can then overrule the jury’s decision that the facts supported a finding of Guilty.

4. Types of Legal Errors

Legal errors are divided into four different types of errors. The most serious errors are referred to as fundamental errors. These can include infringements of due process rights such as the right to an attorney or it can also be based upon breaches such as the failure of the prosecutor to produce exculpatory evidence. Exculpatory evidence is evidence which the prosecutor obtains which tends to show that the accused is not guilty. Any such evidence must immediately be presented to the defense counsel.

Fundamental errors undermine those rights which the accused has by virtue of the constitution and these rights are there to protect the presumption of innocence. Any breaches would constitute immediate grounds for a successful appeal.

The next category of errors is classed as harmful errors. In order for a case to be dismissed because of a harmful error the appellant must show that the error occurred within the original trial and that it was sufficient to alter the outcome of the decision.

A harmless error is an error by the original trial judge which was not sufficient to have altered the original decision to convict. This may include the admission of hearsay which of itself would not have changed the outcome as the overwhelming majority of the remaining evidence pointed to a guilty verdict.

The final type of error is that of an invited error. Counsel for the appellant cannot bring up an error from the initial trial which it actually created as a strategy for appeal. If such an error occurred at the instigation of the defense counsel it cannot therefore be relied on at appeal. The legal system is based upon the principle that you cannot come to the courts asking for a remedy if you have dirty hands. If an error was knowingly invited by the defense it cannot then be used by them at appeal. The concept of invited error is also applied to those errors which were negligently created by the defense counsel.

The issue of different types of errors is complex and therefore it is important that you discuss it fully with your lawyer so that you have a complete understanding throughout the appeal.

5. Appealing the Appeal

If you are successful on appeal this decision can in turn be appealed by the prosecutor which will then cause the matter to move up once again to a higher court. The highest court within the state court system is the Court of Appeal. Once the matter has reached this court it can then be moved up into the federal court system if it can be proved that federal issues are at stake within the appeal. In the instance where an appeal is successful the prosecutor may try and strike a deal for a lesser charge with the appellant thereby preventing any further appeals.

Filed Under: Criminal, Top Articles Tagged With: criminal appeal, criminal appeal attorney, criminal appeal attorneys, criminal appeal lawyer, criminal appeal process, criminal appeals, criminal appeals lawyers, criminal conviction, criminal law