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The Many Ways that Divorce May Be Prolonged

Family Law Lawyer

Once divorce has finally begun, it is likely that each spouse cannot wait for the entire process to be over. Divorce can be heartaching, grueling and last much longer than most spouses would prefer. If many couples could have it, divorce would be a one-day process. Unfortunately, the legal system just doesn’t work that way. There may be designated waiting periods that are legal requirements before the divorce can continue on. No matter what stage of the divorce you are in, it can help to know who is a skilled divorce lawyer so you can feel more confident about the process leading up to finalization.

Here we have answered a series of questions related to all the ways that divorce may be prolonged:

Q: What if my state requires that I am separated from my spouse for a certain period of time prior to filing for divorce?

A: Every state has a set of laws regarding the divorce process. Some may have more or less requirements as to how much time must go by before the divorce can proceed. For example, some states may necessitate that the spouses are separated for around 1-2 years before filing a complaint or petition for divorce.

If one or both spouses do not want to wait that long, they may have to use fault-based grounds that are permitted in that state. But then, that spouse must try to gather proof that the other was unfaithful, abusive, or became medically insane. A spouse that wants to start the process right away, may want to consider meeting with a lawyer who is familiar with divorce legalities for advice on how to get things going faster.

Q: If I am considering moving out of state, do I have any new options?

A: Yes, if you move to a state with no waiting period, you may be able to file for divorce faster than if you remained where you are currently. However, you may need to be a resident within this new state for a designated period of time prior to filing. Before making any moves in haste, you may want to get more information on the laws for your state and the one you plan on moving to. Many states require that a person is a resident for up to 24 months before being allowed to request divorce.

Q: What other divorce requirements besides residency may I encounter?

A: In several states, the spouses must be living apart for a duration of time prior to being able to legally divorce. Additionally, other states may require that some time passes after filing for divorce before proceeding to the next step. Once a spouse files a petition or complaint for divorce, he or she may have to wait 90 days before a court hearing is scheduled or receive a final judgement. In other states, the spouses may have to attend mediation, marriage counseling, or a parent education class about how divorce can impact children. After finding out more about how both their children may be impacted, parents may consider giving the relationship one last try.

Thank you to our friends and contributors at Scroggins Law Group for their insight into family law and ways that divorce may be prolonged.

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The Many Factors of Child Custody Battles

Custody Child Attorneys

When the court is deciding which parent is awarded child custody, there are several factors that weigh into the outcome. In general, a judge wants to place the child with the parent that has his or her best interest at heart, and where the child can grow into a healthy adult. During the hearing, each parent will express their side in the custody battle, and what makes them most suitable for sole custody. There may be instances where the parents end up sharing custody, if this is the most beneficial situation for the child.

Most parents have a very strong connection with their child, and want to do what they can to obtain custody. Due to how sensitive and complex these case can be, many parents meet with a family law attorney for help.

Q: Are the wishes of the parents considered?

A: Yes, the preferences of the parents are a factor in child custody battles. Each parent may be fighting for a different type of custody. For example, one parent may want sole custody while the other desires joint legal custody. The court system may feel that parents sharing custody could be the healthiest outcome for the child, as he or she can grow up with two loving and involved parents. Both parents must bring forward evidence and facts that support their requests. The court will then review each side and make a choice based on what information is given. An instance where sharing joint custody is unlikely to be awarded, is if one parent has shown to be aggressive, abusive, neglectful, or addicted to drugs and/or alcohol.

Q: What about the work obligations of each parent?

A: The ability of each parent to financially support the child is incredibly important. But, a parent must also be able to care for the child’s developmental, psychological and physical needs. If a parent can afford care yet spends most of his or her time at work, that parent may not be ideal to have custody. The court may look further into how much time that parent will be able to spend with the child outside of work.

Q: What other factors can influence child custody disputes?

A: In addition to what has been stated above, there are other factors that can have a weight in the child custody verdict. Keep in mind that the laws pertaining to child custody may be slightly different depending on what state you live in, so it can be helpful to talk with qualified child custody attorneys  offers for more information. Other factors of a child custody battle can include the following:

  • The child’s age (whether they are an infant, toddler, in school, or teenager)
  • Each parent’s willingness to support the child if custody is not awarded
  • The capacity of each parent to provide a stable and healthy environment
  • How the child’s education may be impacted after awarding custody
  • How the child’s extracurricular opportunities may change
  • How many children are part of the custody case
  • The distance from one parent’s home to the other

Thank you to our friends and contributors at Scroggins Law Group for their insight into family law and child custody battles.

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Revoked probation

Criminal Defense Lawyer

For many, being on probation is just as bad as jail time. Feeling like you are under a microscope and constantly have to look over a shoulder, almost any little thing may cause you to violate the terms of your probation. It is important to pay attention and understand every detail of the terms of your probation so that you do not violate and are at risk of having a warrant out for your arrest.

Several questions may come to mind such as how many times is too many times, how much jail time will you face, and what is the likelihood of having your probation revoked now that you have violated. These are all good questions and it is best to understand your rights and what is likely to happen to you now that there is a violation.

You may want to know what your probation officer is going to do. Sometimes warnings are given, but sometimes you are not so lucky and may be on your way to jail. Any wrong move and you may have violated, this also means you have to watch your surroundings even if you are not exactly involved.

If it gets to a point where you have already been arrested due to a violation, it is likely that you will be released on bond but you will need to hire a criminal defense attorney immediately. If you happen to be convicted after your court appearance which is called a revocation hearing, you may be required to pay fines, or do community service; with the right defense attorney but it is ultimately up to the judge. If your probation is revoked, you are likely going to jail. However, your sentence will not exceed the original jail sentence listed in the terms of your probation, not even by a day.

Hiring the right DUI lawyer can make all of the difference in your case so it is best not to quit on yourself. Speak with someone that has knowledge of the law and will know how to navigate in the courtroom and fight for you. An attorney with experience may not only have rapport with the judges, but also the probation officers and sheriff. Many law offices even offer free consultations also, if you or someone you know has violated their probation and is at risk of having their probation revoked seek legal representation immediately.

Thank you to our friends and contributors at Andrew R. Lynch, P.C. for their insight into criminal defense and revoked probation.

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What is Jury Nullification?

Criminal Defense Lawyer

One state has defined “[j]ury nullification [a]s the power to dispense mercy by nullifying the law and returning a verdict less than that required by the evidence.” People v. St. Cyr, 129 Mich.App. 471, 473-474, 341 N.W.2d 533 (1983). This essentially means that a jury is deciding to return a verdict of not guilty (or guilty of a lesser offense) even though the jury is convinced beyond a reasonable doubt that the defendant is guilty of the offense charged.

Because the Double Jeopardy clause of the Fifth Amendment to the United States Constitution prohibits the prosecution from appealing an acquittal, all 50 states explicitly or implicitly acknowledge the right of a jury to nullify and return a verdict less than is warranted by the facts of the case and the law of the state. However, this doesn’t mean that a criminal defense lawyer is permitted to expressly ask a jury to nullify.

Most, if not all, states prohibit a criminal defense lawyer from telling a jury about their right to nullify. In fact, most standard jury instructions would suggest to the jury that it has no option but to convict if the facts are proved beyond a reasonable doubt.

Despite this limitation, an experienced criminal defense attorney may be able to effectively present a nullification defense. Many states have a standard jury instruction which explains to the jury that their decision on a particular fact is final (and not subject to review or appeal). This can be an effective way for a criminal defense lawyer to explain to the jury that nobody can ever make them explain why they chose the way they did and nobody can appeal their decision. In that way, they are able to choose what is right based on the facts as they see them and based on what facts they believe are important.

Similarly, many jurisdictions also tell the jurors that they should vote in good conscience. This instruction can be very compelling to a jury if they have heard facts that make a conviction seem unfair or unjust under the circumstances. If a criminal defense attorney has told an effective story during trial about how a conviction would be unjust, jurors may feel compelled to vote their conscience, even if the facts would appear to clearly support a conviction.

Jury nullification is difficult defense and generally not one that should be used if there is another viable defense available. The system is largely set up to avoid jury nullification, so if you have another defense available, you should thoroughly explore it before committing to a nullification defense.

If you’re wondering whether nullification could be a viable defense in your case, you should consult with an experienced criminal law lawyer Grand Rapids, MI relies on to explore whether nullification could work for you.

 


 

Thank you to our friends and contributors at Blanchard Law for their insight into criminal cases and jury nullification.

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What Happens if a Contract Falls Through?

Business Lawyer

In the most ideal world, agreements would be made and both parties would be happy with their choice. Ideally, no disputes would come up and each party would benefit from the contract to the fullest extent. If you are in need of legal services regarding an agreement gone wrong, you can contact a breach of contract attorney for help. They understand that in the reality, business delays occur, financial problems arise and other events can prevent a contract from being carried out as promised.

Below we answer some common questions about what a breach of contract is, and what happens if an agreement falls through. For additional questions, please contact a law firm.

What is the Definition of a Breach of Contract?

When making a business contract, there are specific obligations both parties must fulfill. In legal terms, any party that fails to uphold their end of the agreement, is committing a breach of contract. A breach can also occur if a party fails to fulfill a duty within a time frame listed in the contract.

What Happens After a Breach is Committed?

If there is an alleged breach of contract, one of the parties can attempt to enforce the terms, or seek compensation for any loss of finances. If informal attempts at solving the problem do not work, then a dispute can be handled through a lawsuit. If both parties are able to solve the issues through mediation, it can prevent the stress and expenses of a lawsuit. Out of court attempts at fixing disagreements over a contract, can be referred to as alternative dispute resolution.

Damages for a Breach of Contract

A breach of contract can be remedied through awarding payment of damages. There are four different types of damages, and are briefly defined as the following:

  1. Punitive Damages – intended to hold the breaching party accountable for their actions through having to make payments to the non-breaching party.
  2. Compensatory Damages – aims to put the non-breaching party in a position they normally would have been, if the breaching party had fulfilled their agreements.
  3. Nominal Damages – if there was no financial loss due to the breach of contract, the court may issue a small award of a few dollars to the non-breaching party.
  4. Liquidated Damages – an amount both parties agreed upon in the contract that the non-breaching party can collect in the event their end is not upheld.

We do not recommend handling a breach of contract alone. Due to the complexity of contracts, most cases can benefit from representation of a breach of contract attorney who can explain how a business contracts lawyer in Sacramento, CA may help.

 


 

Thank you to our friends and contributors at the Yee Law Group for their insight into business law and breach of contracts.

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How Do Judges Determine the Amount of Bail?

If you have been arrested for a criminal offense, chances are that a judge may require you to post money bail in order to get out of jail. While judges do have the option to permit you to be released without posting a money bail, often called release on “personal recognizance,” many judges will require payment of some money bail in order for you to be released. Here are the factors that the judge will likely consider in setting the amount of the bond:

  1.     The seriousness of the alleged offense.

The judge will consider the seriousness of the alleged crime. For example, bail on a murder case is going to be significantly different than on a misdemeanor shoplifting case.

  1.     Prior criminal record.

The judge will take into account your prior criminal history, no matter how old. This generally includes offenses committed as a juvenile.

  1.     History of appearing in court.

If you have a history of failing to appear in court on prior cases, your bond will likely be set significantly higher.

  1.     Flight to avoid prosecution.

If you left the state or hid from the police in order to avoid prosecution, and they had to come after you for this arrest, it’s likely that your bail is going to be set fairly high.

  1.     History of substance abuse or addiction.

You don’t have to answer any questions about drug or alcohol use or addiction when you’re in court, but if your criminal history indicates a problem with substance abuse or addiction, bond will likely be set higher.

  1.     Mental condition.

If you have documented mental health concerns or a reputation for dangerousness, your bond will be set at a higher amount.

  1.     Probability of conviction.

The judge will consider the strength of the evidence against you. The stronger the evidence, the higher the bond.

  1.     Employment status.

Being employed is a bonus. Employment will likely result in the judge setting a lower bond.

  1.     Financial history.

The judge will consider your financial history for the purpose of determining whether you have the ability to post money bail. If you are indigent, the judge shouldn’t be punishing you and keeping you in jail simply because you are poor.

  1.  Ties to the community.

The judge will consider your ties to the community, including factors such as whether there are community members who will vouch for you, family ties to the area, and length of residence. The more ties to the community that you have, the lower the judge is likely to set your bail.

If you are going to be arraigned on criminal charges, you should contact an attorney, like a criminal defense lawyer Grand Rapids, MI looks to, to discuss the bond factors in your case.

 


 

Thanks to our friends and contributors from Blanchard Law for their insight into criminal defense.

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Tips for Getting Hired With a Criminal Record

A criminal conviction can follow you around long after you’ve finished a prison or probation sentence. Having a conviction on your record can make it especially more difficult to obtain employment. Many employers do background checks these days and may be weary about hiring individuals without clean backgrounds. However, that doesn’t mean that all hope is lost. Although you may have to jump through more hoops, it’s still possible to get a job. Here are some tips for getting hired with a criminal record:

Tell the Truth

If you have a criminal conviction on your record, you may feel embarrassed about revealing it to a potential employer. You know how just how judgmental people can be toward those with criminal records and don’t want that sort of thing to jeopardize your chances of getting a job. However, you should never lie about your criminal background. If you lie to an employer about your criminal record and he or she finds out about it later through a background check, you most certainly won’t get hired.

Be Brief

While it’s important to tell the truth about your conviction, you should be careful about revealing too much information. Just tell the employer how you got in trouble in the first place and what you got convicted of. If you go into too much detail, it could backfire on you.

Don’t Make Excuses About What You Did

The last thing an employer wants to hear when questioning you about your criminal background is an excuse. Instead of telling the employer you were young and naive or that someone talked you into committing the crime, accept responsibility for what happened.

Focus on the Positive

When asked about your criminal history try to focus on the positive as much as possible. For example, if more than 10 years have passed since you were convicted and you’ve stayed out of trouble since then, mention that to the employer. Also, talk about how you’ve worked to improve your life since then and what kind of accomplishments you’ve made.

Ask for Letters of Recommendation

If you bring letters of recommendation from respectable people, it may improve your chances of getting hired. For example, if you did a good job for your last employer, don’t hesitate to ask him or her to write a letter of recommendation that highlights your strengths, such as your punctuality and willingness to work hard.

Consider Expunging or Sealing Your Record

If you don’t want your criminal record following you around forever, it may be a good idea to talk to a criminal attorney about getting your record expunged or sealed. He or she can look into the details of your case and determine if you are eligible for either option. If your case is eligible for sealing or expungement, a criminal defense lawyer State College, PA residents rely on can help you with every step of the process.

Many criminal attorneys offer free initial consultations, so there is no risk to setting up a meeting with one.

 


 

Thank you to our friends and contributors at De Boef Lucchesi, P.C. for their insight into criminal charges.

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How to Simplify Your Executor’s Job

Getting named the executor of an estate can be a big honor. It shows that you trusted a person enough to put him or her ahead of managing your affairs when you can’t. Being an executor is also a huge responsibility that involves a lot of work. It can take time away from the executor’s job and other responsibilities. The good news is that there are several things you can do to make your executor’s job a little easier.

Here are some tips on simplifying your executor’s duties:

Make Sure Important Documents Are Easy to Find

One of the first things an executor has to do after the owner of the estate has died is look for important documents, including bank statements, the will, insurance policies, birth certificates and cemetery deeds. If these documents are not organized well, the executor might have a difficult time finding them and become stressed out. To help your executor out, consider placing these documents in a special binder.

Leave a Cash Account

When someone dies, there are a lot of bills to take care of, including medical expenses, funeral costs and lawyer fees. Make sure your executor has access to cash so that he or she can pay off these estate expenses easier.

List Your Wishes for a Funeral

It is difficult for people to make fast decisions about funerals when they are mourning the death of a loved one. That is why you should include your preferences for your funeral in your estate plan, such as is if you prefer cremation or burial. Doing this will help your family avoid a lot of disagreements and grief.

Determine Who Receives Little Items

It is likely that you listed who you want to receive your house, investments accounts and other big items in your estate plan. However, you might not have included who you want to inherit your smaller items, like your dining room set or souvenirs from family vacations. Believe it or not, many family members have gotten into arguments about small items like those after the death of a loved one. That can create a lot of unnecessary turmoil. To prevent fights, remember to specify who you want to receive each item you own.

Consider Giving Compensation to the Executor

Being an executor is a time-consuming job, so you may want to compensate him or her for all the hard work. However, if your executor is a family member, he or she may be hesitant to accept payment. If you believe your executor might not accept payment, there are ways to work around this. For instance, you could leave your executor money in a separate bank account or leave him or her a higher inheritance.

If you help make your executor’s job easier, he or she will appreciate it. If you have any further questions about your estate plan, consult with a qualified estate planning lawyer Memphis, TN residents trust as soon as possible.

 


 

Thank you to our friends and contributors at Wiseman Bray PLLC for their insight into estate planning.

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A Guide to Business Contracts

Do you need a business lawyer to review or draft a contract?

If you are starting a new business, contracts will be one of the most common legal transactions you’ll be involved in. This means it will be important to take time and learn about business contracts.

The Definition of a Contract

A contract is an agreement that is legally enforceable. It will involve at least two parties and creates an duty(s) for at least one party to do or not do certain things. A party can be an individual person, any sized company, an organization, or a corporation.

The Laws that Govern Contracts

Contracts are typically governed and enforced the legislation that has been set forth in the state  where the contract was agreed to. A contract could be presided by two different types of laws:

  • Common Law – Leases, employment agreements, and standard business agreements are usually governed by the common law of the state. Common laws come from the judicial decisions of the court and evolve overtime with each judge’s ruling or decision on a case.
  • The Uniform Commercial Code – Contracts that are for the sale of any service or goods is not controlled by common law, but rather UCC. This is a set of guidelines that control the laws of any commercial transaction. Most states have adopted the entire UCC, but some only partially. A business lawyer can explain more about the UCC, common law, and what type governs your contract during a consultation.

How a Contract is Created

  • An offer is made,
  • there is an acceptance of that offer, and;
  • reasonable consideration to make the contract valid.

The term consideration in this sense, is a legal term for the “bargained-for exchange” between all parties of the contract. Furthermore that the contract will benefit both parties in some way.

The Different Types of Contracts

There are a few common types of contracts. A business lawyer will know what contract you need for your situation and will be happy to explain the details of these contracts when you speak with him or her.

  • Bilateral Contract – A mutual exchange of promises between parties.
  • Unilateral Contract – A performance is requested, the performance is complete and a reward is given in return.
  • Express Contract – An explicit written or spoken contract which details the terms and conditions of an agreement.
  • Implied Contract – Established through the behavior of the parties, particularly when there is a clear intent to enter an agreement.
  • An express contract –  is formed by explicit written or spoken language, expressing the agreement and its terms.

When the Terms of a Contract Are Not Met

When a party does not adhere to the terms of a contract, it may be considered a breach. It is possible to enforce a breach of contract through dispute resolution or litigation. If you are involved in a contract dispute, please call a business lawyer for further advice.

Do You Have Questions About Your Business Contracts?

If you are involved with a high stakes contract, require a contract to be drafted, or are facing a dispute over a contract, do not hesitate to contact an attorney, like a business formation lawyer Roseville CA turns to, to ensure that you are in a proper position.

Call now to speak with an experienced business lawyer who will listen to your needs.


Thank you to the Yee Law Group for providing their legal insight on business contracts.

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How does a Parent’s Death Affect Child Support?

The death of a parent is a very difficult event for everyone to deal with. It can make it even more challenging when child support payments are needed and those left behind have to determine what the death means in regards of child support payments. To determine what the next step should be, it will depend on whether the deceased is non-custodial or the custodial parent. Every family’s case is different and difficult. It is recommended if you are going through the death of a child’s parent to consult an attorney to discuss specific advice. If you are having child support issues, do not hesitate to contact experienced attorney, like child support lawyers Plano, TX families trust, to assist you with your case.

There are ways to receive child support payments after one of the parents dies.

Death of a Custodial Parent

If the custodial parent dies, the main focus will be who will care for the children. This could result in guardianship from the grandparents, the non-custodial parent, friends of the family, or other relatives. If the non-custodial parent takes on custody, they could try to modify their child support. They could also seek to receive child support from the deceased custodial parent’s estate to help with the costs of rising the children.

If the non-custodial parent does not take custody of the children after the death of the custodial parent, the appointed guardian could seek child support from the non-custodial parent as well as from the custodial parent’s estate.

Death of a Non-Custodial Parent

When the non-custodial parent dies, the custodial parent may be wondering how they will be able to afford taking care of their children. There are a few different situations to figure out how to receive support after the non-custodial parent’s death:

  1. If the deceased parent had a life insurance policy that names the children as beneficiaries, the surviving parent can call the insurance company to start the process of collecting the insurance policy for the child.
  2. If the deceased parent had any assets including houses, bank accounts, and cars, the estate will become responsible for paying for child support.
  3. If the deceased parent was employed, the surviving parent may try to receive benefits for the children from the Social Security Administration.
  4. If the deceased parent has a partner, the partner will receive notices from family court to continue paying child support. In this case, the surviving partner must call the family court to explain their partner’s death. They will need to provide a death certificate so the court can verify the death.

Creating an Estate Plan

The most important step to remember once you have children is to set up an estate plan. By creating an estate plan, it will directly address what happens when one parent dies. It is also important to update your estate plan if you and your spouse get divorced. Keeping an estate plan updated will ensure your children are taken care of when you die. After a parent’s death, the obligation of paying child support does not end with them. No matter the relationship of the parents at the time of death, it is in the best interest of the child for the surviving parent to keep receiving support.


Thank you to Scroggins Legal for providing their insight and authoring this piece on child support.

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Contesting a Will

An estate planning lawyer can tell you that contesting a will may be unusual, but it is not unheard of. Under certain circumstances, the law allows for interested parties to contest a will. Many times, the risk of a will being contested can be minimized or eliminated with careful planning with the help of a knowledgeable estate planning lawyer. Call us today if you would like to discuss your concerns regarding a will, whether you are considering contesting one or would like to ensure that your will is unlikely to be contested.

 

Reasons for Contesting a Will

 

There are many reasons for why a person might wish to contest a will, though not all of them are legally recognized and so therefore do not have grounds for contesting a deceased’s will. For instance, just because you were friends with someone does not mean they were obliged to leave you money, even if they were affluent.

 

The deceased was not of sound mind and body when they wrote their will. The court understands that a person can be unduly influenced by others who wish to set themselves up to inherit assets, to the exclusion of others who otherwise would stand to inherit those assets. An estate planning lawyer can work with you to determine if there is sufficient evidence available to prove the deceased was not capable of understanding the consequences of what they wrote in their will.

 

The will is a forgery. An estate planning lawyer will have to present evidence that the will is forged and is therefore invalid. This usually requires the inclusion of testimony and documentation from experts such as handwriting analysts, archival document specialists, etc.

 

The will is not the latest will that the deceased left behind. If you and your estate planning lawyer can present a valid will that is more recent, you may be able to invalidate the previous will. If you have valid reasons for why you believe there is a more recent will though you have not yet located it, the currently recognized will can be held for a period of time as designated by a judge. However, this is only for a limited amount of time and will only delay the carrying out of the current will unless you can find a more recent version.

 

Protecting Your Will

 

With a clearly written will, possibly in conjunction with the use of other estate planning tools, we can help make sure that your heirs and others who are not included in the will, are not likely to have legal grounds for contesting your will. In the event that you need an attorney, like a wills and trusts lawyer Scottsdale, AZ relies on, do not hesitate to contact one to make sure you are in the best position to tackle your case.


 

Thank you to Arizona Estate Planning Attorneys for providing their insight and authoring this piece on estate planning.

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What do when eligible for Parole

If you or someone you know is soon eligible for parole, then there are a few tips you should know to prepare you for this parole process. The first thing is to make sure you have an experienced attorney representing you throughout your parole hearings. The Kentucky Parole board gives you the opportunity to plead your case once you have served the minimum required of your sentence, but again its an opportunity, not a guarantee. You will need an experienced attorney that will be able to craft a good and convincing argument on your behalf that will sway the board to grant your parole with as little conditions, if any, as possible.

The Parole Board will be the group of persons that will hear your arguments, or any statements made on your behalf regarding your early or conditional release. Parole does not guarantee complete freedom, that depends on the circumstances surrounding your parole and the nature of your offense. For example, A child sex offender may get early release, but it will be conditioned upon a him being placed on the sex offender registry, not being able to live within a certain distance from schools or parks, notifying the registry whenever he/she moves. Again, having an experienced parole attorney is important because they will be able to better argue on your behalf to mitigate the nature or number of conditions that may be attached to your release.

You must also understand that Parole is not a right, but a privilege. It can never be a guaranteed thing and should be taken seriously. The board will take in to account numerous factors when determining your case, such as criminal history, conduct and achievements while time was being served, and maybe most importantly the offender’s plan upon release. Having a plan of what you are going to do upon release will show the board that you are ready to take the steps towards being acclimated back into society.

If you are denied parole, you do have a chance to have that decision changed by requesting an appellate review. The request must be in writing and submitted to the review board no later than twenty-one (21) days after the final disposition is made upon the offender. (Ky. Rev. Stat. Ann. 439.340). This process, is also not a guarantee. The board may only grant a review for a limited number of reasons.

  • If there is an allegation of misconduct by a board member
  • If there is a significant procedural error made by a board member
  • If there is significant new evidence in your case that was not available at the initial hearing.

If you plan to appeal a parole board decision be sure that you are well equipped for what may happen next. There will be a significant burden placed on you to prove that you deserve an appellate review of your case. Make sure that you have an experienced attorney present with you during this process to ensure that you have all the documentation that will be needed for this step such as the criminal defense lawyer Newport KY locals turn to.

 

 

Thanks to authors at James Noll for their insight into Criminal Defense Law.

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Three Ways to Protect Your Personal Injury Settlement in a Divorce

Couples file for divorce for numerous reasons: adultery, cruelty, and disconnect. Laws regarding divorce vary by state, though some courts will grant a divorce on the grounds of irreconcilable differences, irretrievable destruction of the marriage or simply incompatibility.

Besides the inevitable heartbreak, the most significant issues resulting from divorce include:

  1. Alimony payments.
  2. Custody and visitation arrangements as well as child support payment schedules.
  3. Division of property can lead to issues in an otherwise smooth divorce proceeding. Courts usually ponder a few factors when discussing dividing property:
    1. Presence or lack of a prenuptial agreement.
    2. Property acquired prior to marriage.
    3. Each spouse’s individual contributions to the joint estate.

Personal Injury Settlements and Divorce

A personal settlement awarded during divorce proceedings may become contested property. Several criteria are considered by the court to decide whether an asset should be considered marital or nonmarital. This is how it is usually considered:

  • Whether the divorcing couple in a state favoring community property or equitable distribution.
  • Some courts designate personal injury settlements as the property only of the individual it was awarded to.
  • Sometimes the settlement gets broken down to determine how much each spouse should get and how much the personal injury victim can keep without sharing with their spouse.

The best way to prepare for any of these scenarios is to consult a divorce law attorney. They can provide insight into how the court will handle your settlement award.  

 

Three Methods to Protect Your Personal Injury Settlement in Divorce

  1. Get spousal consent to not claim all or a portion of your settlement. Especially if you live in a community property state, it is important to get the spousal consent in writing, dated, signed and notarized for legal purposes. This document can be incredibly valuable to you if the divorce becomes contentious.  
  2. You could open a separate bank account for the award of your personal injury settlement. In some jurisdictions, the award will be considered marital if you deposit it into a joint checking account. Keep your award in the separate account until the court has made a decision regarding asset distribution or when the divorce is finalized.
  3. Differentiate what percentage of your awarded damages belongs to you or your spouse and consider a Maryland personal injury lawyer’s guidance in discussing your asset distribution and personal injury claim.

 

Your divorce attorney is your best asset during proceedings. They can best advise you on your unique circumstances regarding your personal injury settlement and your asset distribution.


Thanks to our friends and contributors from the Law Firm of Frederick J. Brynn for their insight into personal injury practice.

 

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What Is Business Law?

Understanding legal aspects of business is the first step to success for any company. Business law refers to the regulations governing many aspects of running a company including these areas:

  • Sales
  • Taxes
  • Employment
  • Succession
  • Business operations
  • Bankruptcy

Hiring an attorney to help you with the transactional work is a good way to avoid possible litigation by complying with applicable business laws. While business regulations may differ from one state to another or from one country to another, here are some common universal business laws that will apply to your business:

  • Employment and Labor Law

Employees may be a critical component of your business. Labor laws require you to comply with minimum salaries and wages, overtime rules, child labor bans, and maintaining personnel records.

  • Workplace Safety and Health Law

Providing a safe work space free from hazards is not only a right for your employees, but it is essential for business success. We can help you access competent business attorneys who will help you develop company policies to meet compliance.

  • Finance Law

Finance is the heart of business. Financial laws are meant to protect your business, customers, and investors should your business be forced to file for bankruptcy.

  • Privacy Law

The law requires that any business that collects sensitive information about their customers should ensure confidentiality by putting in place a sound security plan. Privacy laws can also affect employee-employer relationships as well. If an issue about privacy or the legalities surrounding this area, seek the trusted guidance of an business law attorney.

  • Intellectual Property Law

Protecting the intellectual property of your business is essential. Left unprotected you leave your company vulnerable to competitors and unscrupulous parties. Do you have a great product or idea? File for a patent to protect it. You can also apply for a trademark to protect your company’s business name, symbols, and logos. A business law attorney can draw up and file the necessary paperwork on your behalf.

  • Advertising and Marketing Law

Effective advertising and marketing is key for any successful business. However, commercial companies are expected to provide “truth in advertising.” A business is legally required to be truthful in advertising and marketing claims.

  • Online Business Law

The internet provides enormous opportunities for your business to make sales and generate revenue. There are also laws which regulate this space, some of which are in flux. When meeting with a business lawyer, discuss which laws that focus on online Internet sales might affect your company.

Understanding business law is important for every company but not everyone has a mind for the complexities of law. However, even mistakenly breaking a law still leaves an individual or a company vulnerable to repercussions. This can include fines or even jail time. There many benefits that can be obtained by seeking the appropriate legal counsel. If you need help, reach out to an experienced business lawyer today such as the top business formation lawyer Folsom CA locals know.

Thanks to authors at Yee Law Group PLLC for their insight into Business Law.

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The Severity of a DUI

Driving under the Influence is never a wise choice. Many people who have been charged with DUIs were not aware that they had overindulged. Having a few cocktails after work may seem completely innocent, but if you aren’t careful, there can be a number of consequences. A DUI can range in severity depending on the factors at play and how many offenses you have on your record. An attorney who has experience in representing people who have been charged with DUIs may be helpful during this trying time. A DUI can result in a range of emotions that include: shame, guilt, sadness and anxiety. An attorney will be helpful in supporting you through the court system so that you are able to move forward with your life.  If you are charged with a drinking and driving related offense, you should contact an experienced DUI lawyer as soon as possible. Successfully defending these cases requires immediate action.

Unexpected Impacts of a DUI
It can be nerve wracking to sit with a DUI charge. It’s likely that you will have a number of questions when it comes to how the DUI will impact your life once the legal process is complete. Working with an attorney may be helpful as they can outline for you the unexpected elements to a DUI. There will be a number of unknowns, which will likely leave you feeling lost in terms of what you should expect. Aside from the traditional consequences a person may experience through the court system, there may also be other ramifications. The following outlines the hidden consequences to a DUI charge:

A DUI conviction will show up in a background check conducted by a current or potential employer. This could impact your ability to gain employment or maintain your current job.
Your auto insurance can sky rocket from a DUI conviction. In some cases, rates can double as a result.
The Motor Vehicle Administration can suspend or revoke your license, could force you to have an ignition interlock installed, or severely limit when and where you are able to drive.
Your reputation could be impacted. If you are charged with a DUI, the information will be made available to the public. Receiving a DUI is not something that anyone is proud of. The last thing you want is to have this information on display to people in your community.

Unfortunately, a DUI charge has the ability to haunt you for quite some time. This can be frustrating if you have already paid the consequences through the legal system. An attorney will be vital in helping you to learn all that lies ahead in the event you have been charged with a DUI.

DUIs Range in Severity
The consequences of a DUI are contingent upon a number of factors like the number of offenses you have on your record. Hiring an experienced DUI attorney is very important if you have been charged with a DUI, especially if this is not your first infraction. Depending on how many DUIs you have had, there are a variety of consequences you could face:

Jail Time
Suspension of Your License
Permanent Loss of Your License
Permanent Mark on Your Record
Heavy Fines (This ranges depending on whether this is your first charge)
Required to attend alcohol education courses

A DUI charge is the last thing that you should have to face alone. Contact a DUI attorney who can help represent you and advocate for you throughout the legal process.


 

 

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