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Bail And DUI’s

Posted by on Jan 29, 2016 in Uncategorized |

If a loved one was pulled over and arrested for a DUI, then you might be panicking. You might want to help them, but probably don’t know how you can really do that. One of your best tools in this case is to help your loved one out with bail. To do this, you’ll want to be aware of how your state treats commercial bail and how you can help your loved one get a low rate. How Does Commercial Bail Work in Your State? The first thing that you need to do is find out is what laws your state has about bail. Some states do not allow commercial bail at all, while others restrict the cost of commercial bonds by quite a bit. This can help you get a good idea of how much you will need to spend in order to get your loved one out of jail. You won’t know exactly how much money is involved until the bail hearing, but you can start talking to bondsmen long before then. Vet Your Options Early It’s a good idea to examine your options and compare rates as early as possible, since that will allow you to pay bail and get your loved one out of jail as quickly as possible. Additionally, talking to a bondsman before the bail hearing can give you a good idea of how much the bail will actually be. These experts are quite familiar with DUI’s and have a pretty good idea of how much bail will be involved in the situation as you describe it. Once you find a bondsman that fits your needs, you can get their contact information. As soon as your loved one has their bail hearing, you can call up the bond agency and arrange a contract. If there is a long line of people waiting for appointments, having a contract can greatly speed up the process, getting your loved one out of jail a few hours or even an entire day early. Get a Lawyer Discount Your loved one will likely need a lawyer to help argue their case in court. If they already have a lawyer, then they are off to a good start, but if they don’t have a lawyer, you can help them shop for one at a company like Boehmer Law. Once you do find a lawyer, you might find that there is a referral discount for bail. Talk to your lawyer and any potential bail agencies to determine whether they are offering such a discount, which could result in some pretty substantial savings. After all, both the lawyer and the bail agency would benefit from the services of the other. If your loved one is out of jail on bond, then their lawyer will have an easier time meeting with them, since they won’t need to travel to the jail. Similarly, if your loved one has a lawyer, then a bondsman can have much greater faith in the likelihood of your loved one (their client) appearing in court. Few people are willing to spend money on a lawyer and then fail to appear in...

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Running A Business: What Is Your Legal Obligation To Older Individuals?

Posted by on Jan 12, 2016 in Uncategorized |

Back in the day, when you retired, you retired. You didn’t go back to work. However, it isn’t like that today. This is likely because the cost of living has risen so much over the years. By 2022, it is estimated that more than 30 percent of retirees between 65 and 74 years of age will still be in the workforce. With that being said, as a new business owner with little knowledge of the law, how do you handle older applicants – retirees or not – in all aspects of the business? The Hiring Process Both state and federal laws prohibit you from discriminating against a potential job candidate due to their age, especially if they’re 40 years of age or older. So, you cannot simply refuse the job opening to an 68-year-old individual with gray hair because of their age. If they have the skills necessary to perform the job, you must consider them for the position. The law does not only keep you from discriminating in terms of hiring, but it also impacts how you advertise a job opening. So, be careful with wording your job advertisements to ensure they don’t come off as discrimination. The Employment Process Well, now you have to make sure that you don’t discriminate against them during their employment with you. They must always be treated like any other employee. Compensation, promotions, demotions, job assignments, and work evaluations must be performed like any other case and cannot be based on the employee’s age. You also cannot force older employees to pay a higher premium for health, life or any other type of insurance plan that you offer your employees. In addition, federal law states that you must set forth policies that will protect your older employees from harassment based on their age from other employees. The Firing Process Just as you can’t use age as a basis to hire an employee, you also cannot use it if you want to fire them. In fact, if you are downsizing your business, you cannot target an older individual in this process. You also are prohibited from trying to force an older employee to retire early. State and federal laws dictate a lot of what you can and cannot do when it comes to older employees and retirees. It’s a lot to take in when you’re just starting out as a business, especially when age discrimination is a bit more complex and less obvious than other types of discrimination. So, if you’re worried about whether you are opening yourself up to an age discrimination lawsuit or need assistance in creating clear guidelines and policies, don’t hesitate to contact a knowledgeable lawyer like Robert L Lilley Co...

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4 Ways to Get a Defense Lawyer if You Can’t Afford One

Posted by on Dec 23, 2015 in Uncategorized |

When you get into trouble with the law, you have the right to get a criminal attorney. Not only do you have the right to have a criminal attorney, you really have a need for one. However, you may not be able to afford one. When that happens, what are you supposed to do? Public Defender The public defender is usually a lawyer hired by the city or state for you. Some areas have a public defender office, so there are lawyers that are already on call and can appear in your case. Other areas have a list of defense lawyers that can be hired to be public defenders. There are also areas that use both options. The defense lawyers that can be hired out from local firms are often used for the more severe cases, such as murder cases or capital cases.  You can have a public defender appear for your arraignment or bail hearing, and then switch to another option. There are a few other options out there for you to try.  Law Schools In some states law students can practice law as long as they are supervised by a licensed and accredited lawyer. Generally, in those states where this is a law, the students have to be sufficiently advanced in their training. For example, a first-year student may not be allowed to do represent you, but a third-year student would be.  Bar Association Every state has a bar association. In order to be licensed to practice law in your state, the lawyer must have passed the bar exam and be licensed by the state. You can call the local bar association to see if they have a list of lawyers who will work for a reduced fee, on a sliding scale, or on a pro bono basis, which would mean free.  Call Local Firms Many local firms, especially brand new firms or larger firms, may have lawyers who are willing to work on a reduced fee schedule. New lawyers will do it so that they can get their names out into the public and as a way to get more potential clients. Sometimes larger firms will dedicate lawyers, especially young lawyers, to work on reduced fee cases.  Having a hard time hiring a criminal defense lawyer doesn’t mean that you can’t get a lawyer to represent you. You can use the public defender, but there are other options that are available to...

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Five Steps To Setting Up A Limited Liability Company

Posted by on Dec 8, 2015 in Uncategorized |

Setting your company up as a limited liability company (LLC) has a number of advantages. Chief among them is that under such a set-up, your personal assets cannot be used to pay for your business debts or seized as part of a legal settlement. Although the laws regarding LLCs vary slightly from state to state, there are a number of sets that are common to all 50 states. Knowing them will help you prepare well for meeting with your business attorney. Five things you need to do in setting up an LLC 1. Choose a name. The name of your LLC needs to be unique from any other LLC business in your state. It also needs to include LLC in the name of the company and not use words that have additional restrictions in your state, such as “insurance” or “bank.” You’ll register your business name at the same time you register your business and get your business license. 2. File your Article of Organization. The Article of Organization is a standard form required by every state for Limited Liability Companies. This form outlines the basic contact information about your company as well as the names of the business members. Where you file this form does vary by state. In some states, you file with the Secretary of State; in others, it’s the Department of Commerce or the Department of Consumer Affairs. 3. Write your operating agreement. Most states, but not all, require that you draft an operating agreement when you file your initial paperwork, according to the U.S. Small Business Administration. This document outlines your business hierarchy and how your business finances will be handled. 4. Get the necessary licenses and permits. Another step to creating your LLC is to get the permits and licenses required to operate your type of business. This includes the general business license as well as any special permits unique to your industry, such as a food and beverage license or liquor license. 5. Announce your business. The Small Business Administration also advises that many states require you to announce the creation of your LLC to the public in the local newspaper. Your attorney and the filing office will be able to tell you if this applies to your area. While creating your business as an LLC isn’t the right choice for every small business owner, this type of incorporation helps protect your personal assets from your business liabilities, has less record keeping requirements than an S corporation and offers fewer restrictions on how the profits of the business are shared among the principals. For more information on how to set up an LLC, check with a professional like those at Philip L. Burnett, Attorney At...

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6 Things You May Not Be Able To Include In A Prenuptial Agreement

Posted by on Nov 20, 2015 in Uncategorized |

Establishing the division of assets in the event of a divorce is a common purpose of prenuptial agreements, but engaged couples have many other reasons for setting up these legal arrangements. People with children from previous relationships, for instance, may want to stipulate that their offspring receive a certain amount in an inheritance. If you plan to draw up a prenuptial agreement with provisions not related to division of assets in a divorce, learn examples of some aspects that may not be allowed by your state laws. Some provisions may not be forbidden by law but are unlikely to be approved by the judge who reviews your agreement. Child Support Restrictions No states allow restrictions on possible future child support payments. Child support is determined by state laws, although judges can make certain changes when a parent petitions the court.  Child Custody and Visitation Issues These matters typically are not allowed to be addressed in a prenuptial agreement. First, family law courts will not uphold agreements designed to limit one parent’s rights to visitation or custody. Second, even if you and your betrothed have created a reasonable shared custody or visitation schedule, a lot of things can change over time. One of you may want to dispute that agreement in the event of a divorce, and the court will want to start fresh with the situation as it stands.  Spousal Support Restrictions Some states do not allow a person to waive the right to spousal support in a prenup, but others do.  Domestic Issues A prenuptial agreement is not intended to set forth legal parameters on domestic issues such as who is responsible for certain household tasks which holidays are spent with which relatives how much vacation time will be spent with each person’s parents how much time each person is allowed for separate vacations Issues Qualifying as Unfair Judges are unlikely to approve prenuptial agreements that include clauses that are unfair or appear to only be included to discourage divorce. For instance, one person cannot specify that they receive 80 percent of all assets accumulated after the marriage if the other person files for divorce. Divorce Threats The agreement cannot contain provisions specifying that if one person takes a certain action, such as being unfaithful, the other person is allowed an uncontested divorce.  Concluding Thoughts States vary on what factors can be stipulated in prenuptial agreements. A family law attorney can tell you whether anything you want to include is acceptable or not. Contact a lawyer like The Law Office Of James R. Kennedy Jr. for further...

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4 Mistakes To Avoid When Taking The Bankruptcy Means Test

Posted by on Nov 3, 2015 in Uncategorized |

If you’re in the midst of a financial bind, you may want to strongly consider filing for bankruptcy. If you qualify for this legal status, you may be capable of getting most or all of your debt discharged. In order to determine your eligibility, you will be required to take a bankruptcy means test and you will need to provide a great deal of information about your financial situation. Knowing some of the most common mistakes to avoid while taking this test may allow you to have success in achieving this status.  Mistake #1:  Listing the wrong household size You will be required to list how many people live in your home to help determine if you’re eligible bankruptcy. This can be an area of confusion for some people because of tenants, elderly people and other individuals who reside on your property. The best method to help you accurately determine the amount of people to list will depend on if these individuals are financially dependent on you. For instance, if you have an older parent living with you that relies on your support, this person could be included. However, a tenant who is renting a room for you could not be. Mistake #2: Providing false information about your income One of the main factors that affect your eligibility for this status will be your income. It’s important that you provide accurate figures when responding to this question. Be prepared to have the proper verification of this amount with a W-2 or old paystub. Mistake #3:   Taking deductions that aren’t deductible While taking the means test, you will be allowed some deductions, such as education expenses to help you get a better job. However, paying for your child to attend college is not a deduction that you will be able to take. Additionally, payments that you contribute to your 401k plan can’t be listed either.  Mistake #4: Including child support that you don’t get It’s important to include all of the money you receive each month, but if you’re legally required to get child support, and your ex-spouse doesn’t pay it, don’t list this amount. You should only include the actual money that is deposited into your checking account. The key to being successful at getting bankruptcy is by knowing how to qualify for it. If you need additional assistance when filing for this status, be sure to rely on the expertise offered by a bankruptcy attorney (such as...

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5 Things That You Should Know About The Law And Treason

Posted by on Oct 15, 2015 in Uncategorized |

If you love the U.S. but are dissatisfied with government actions or policies, you may wonder if any actions you take regarding these could be considered treasonous. Here are five things you should know before proceeding. For specific advice on your activities and future plans, you would do well to consult a criminal law attorney to protect yourself and your interests. 1. Treason is any act that could be considered harmful to U.S. interests. Treason is any action that involves acting against the security and safety interests of the U.S. government and the public it serves. 2. Charges involving treasonous acts are considered serious felonies. It’s likely that any charges you would receive for a treasonous act would not be strictly called treason. The burden of proof for it is higher than for other crimes. In fact, actual treason charges have been brought less than thirty times in the U.S. It takes a confession in open court, two witnesses, or other solid evidence to be convicted of treason. The punishments for treason are death, life in prison, and/or forfeiture of assets received for the crime. 3. Exercising freedom of speech can intersect with laws about treasonous acts. It is not illegal to speak negatively about the U.S. government. You can write an article, protest, or make a public speech about things you disagree with, about the history of the U.S., or changes you think ought to be made. However, if your speech is broadcasted as propaganda or is put in printed form to serve the interests of a U.S. enemy, it can be considered treasonous. This is especially so if you conspire with an enemy to encourage other citizens to break the law; for example, trying to demoralize soldiers and encourage them to defect to the other side. 4. Sharing or stealing classified information to public entities or other countries is considered a treasonous act. Shortly after Edward Snowden leaked confidential information about NSA spying to the press and left the country, he was charged with three felonies related to his activities. The charges involve relaying classified information to an outside source, revealing communications intelligence, and stealing government property. Other unlawful acts related to this type of crime are money laundering, helping a country develop technology for possible use in military action against the U.S., or selling unauthorized technical information that could be used to develop weapons. 5. You can break the law by sending donations to someone who is defined as a national security threat/criminal. The charge of treason gets bandied about quite a bit in the media, but if the government is pursuing charges against someone for treasonous activities, you would put yourself at risk if you tried to give them assistance of any kind. For example, no matter what your opinion is on Edward Snowden (whether you think he is guilty of treason or is a whistle-blower), sending money or other aid to him is prohibited by a U.S. executive order. So, to recap: your criticism of the government could generally be considered protected under free speech. However, if you make active efforts to undermine the military, engage in activities that could harm fellow citizens, share confidential information to entities that aren’t entitled to it, further the interests of another nation over your own country, or send tangible support to...

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2 Methods to Help You Win Your Auto-Accident Case

Posted by on Sep 30, 2015 in Uncategorized |

 Being involved in a car accident case can be one of the most difficult trials of life. The potential for serious injury and large financial losses are precisely the reasons why. It’s important to work towards fully recovering a number of your losses, and this may require you to file a lawsuit against the other driver. Knowing some of the most effective ways to assist you in winning your case is sure to come in handy during this challenging time.  Meet with your attorney  It’s imperative to your case to ensure that it’s strong enough for you to win. This will require you to meet with a legal adviser to get feedback regarding your position in the lawsuit.  Listed below are some questions to ask your lawyer:  1. What evidence is necessary to help win this case? 2.  What is your opinion on the strength of the case? 3.  How long does civil litigation typically take? 4.  What is the process for issuing and serving the lawsuit? 5.  What stages will allow you to provide the evidence that you have?  It’s important to your case to get as many details as possible from your attorney so you will fully know what to expect.  Bring Proper Documentation  In order to help win your case, you will need to have written documentation on hand to do so.  Listed below are some of the reports that can help you build a stronger case:  1. You should get a professional estimate from your auto repair shop on the cost to make any necessary repairs or what it will cost to replace your vehicle fully. 2.  Be sure to provide all the medical bills that you’ve had to pay out of your own pocket because of your car accident injuries. 3.  Take the time to talk to talk to your employer about any wages you may have lost due to being unable to work. 4.  If you had to pay to have your car towed, be sure to add this receipt to your list of documents.  The challenges of being in an automobile accident are many and will take time to fully recover. Be sure to work closely with an attorney who specializes in this area, like one from Monohan & Blankenship, and can work to help you with your case. This could be the most effective method of working to recover all your...

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The Special Needs Trust: Saving Money For Supplemental Care

Posted by on Sep 10, 2015 in Uncategorized |

When you have money, it’s important to protect that money for your future needs. Whether you find yourself in need of nursing home care at the moment, or you want to protect financial assets for a disabled heir, a special needs trust can be set up that can pay for supplemental care, supplies and comfort items.  When You Have a Disabled Heir If one of your heirs is disabled, they are likely on federal benefits to help pay for their daily living needs and healthcare. Some of the qualifications for receiving these benefits are income based, and a person receiving Medicaid or Social Security Disability benefits is not allowed to have more than a few thousand dollars in the bank. Receiving a lump sum in an inheritance will put a stop to these benefits and will cause problems for the individual. A special needs trust is not considered an asset when applying for Medicaid or Social Security Disability, and therefore does not interfere with a disabled heir’s benefits. If You Need Long Term Nursing Home Care One of the main reasons people create a special needs trust is when they are admitted to a nursing home for long term care unexpectedly. While Medicare will cover 90 days of a rehabilitative stay in a nursing home, when this care turns to custodial care the benefits change. Nursing home costs range dramatically, costing patients thousands of dollars every month to receive care. When you have money in the bank, you can’t qualify for Medicaid. This insurance will cover your nursing home stay if you need custodial, or long term care, but you can’t apply until your assets have dwindled down to the accepted range of a few thousand dollars. You can place your money in a special needs trust in order to qualify for Medicaid. Even though Medicaid has a look back period, creating the trust is an effective way of putting your money aside so that it all doesn’t go to nursing home care costs. Once the trust is funded, you will no longer have significant assets in your name and you can apply for Medicaid.  The money within the trust can be used for supplemental care, comfort items, clothing and more. This is an excellent way to ensure that you get all of your needs met should you need to live in a nursing home. If you find yourself facing nursing home care and you have assets you aren’t sure what to do with, contact an attorney like Wright Law Offices, PLLC that can help you create a special needs...

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3 Unexpected Expenses That Go Along With A DWI

Posted by on Aug 24, 2015 in Uncategorized |

If you have recently been arrested and charged with a driving while impaired charge, you probably know that you will have to pay out a lot of money in attorney fees and court fines in order to take care of things. However, you might not realize just how much the other costs of a DWI can be. These are some of the added expenses that you should also be prepared for. 1. Increased Insurance Rates You probably already know that your car insurance will go up once you have been convicted of your DWI, but you might not realize just how much of an increase you are facing. The amount that your rate will go up will depend on things like your overall driving record and whether you were cited with additional driving violations or were involved in an accident when you were charged with your DWI. Your state might also require you to obtain an SR22 certificate from your insurance company after your conviction, which will also result in added costs. 2. Ignition Interlock Costs If you blew high on the breathalyzer when you were charged with your DWI, or if you have been convicted of multiple DWIs over the past few years, there is a good chance that the courts will require you to install an ignition interlock system in your vehicle. This system will require you to blow into a breathalyzer-type device, and if the machine detects that you have been drinking alcohol, it will not allow you to start your car. These systems can be costly to install, and you will probably need to take your vehicle in monthly to have the device calibrated, which will also result in charges. 3. Court-Ordered Community Service Fees Depending on where you live, there is a good chance that you will be expected to perform a certain number of hours’ worth of community service as a part of your sentence. Although you might not mind giving away some of your time to your community, you might think that the free labor alone will be enough. However, you should know that many jurisdictions require you to pay a community service fee in order to perform court-ordered community service, so you should be ready for this cost. Plus, you may lose some money in wages if you have to take off of work to perform your community service. As you can see, you are going to have to pay for a lot more than just hiring an attorney and paying your court fines. Make sure that you are prepared to pay for these three things, and talk to a criminal defense attorney like Dimeo Law Offices about other expenses to expect. Then, you’ll be ready to take care of things when you go to...

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Refuting Common Business Law Misconceptions

Posted by on Aug 7, 2015 in Uncategorized |

Conducting business can be a far more complicated task than many people realize. This is especially true when you consider the variety of legal issues that can arise for every enterprise. Yet, there are many people that are considering starting a business, and they may lack the information they need to properly protect themselves against some routine legal complications. By refuting these myths about business law, you will be better prepared to navigate the various liabilities and disputes that you may encounter: Myth: Incorporating Will Shield You From All Liability Incorporating your enterprise is one of the best ways to reduce the chances that you will be personally liable for many problems that arise from conducting your business. However, there are some people that do not fully understand the limitations of this protection, and they may assume that they are always protected for liabilities.  Unfortunately, this is not the case, and there are many instances where you will be personally liable regardless of being incorporated. For example, incorporating will not protect you from criminal acts or instances where you sign legal documents under your name. In both of these scenarios, you will be fully liable for your actions. The exact laws governing this will vary from state to state, and you should consult with an attorney to determine the exact limitations of this protection your area.  Myth: A Contract Is Always Legally Binding There is another myth that a contract can never be legally broken, and while it is true that it can be difficult to get out of a contract, there are instances where the contract is invalid. For example if the other party has misrepresented their offer or claim, this will void the contract because you were actively being deceived. Another example is if one party signed was forced or bullied into signing the document.  Regretfully, you will be facing an uphill battle if you sign a bad contract, and while your attorney may be able to get you out of this binding agreement, this can be an expensive task. To minimize your chances of encountering this problem, you should always allow your attorney to review any contracts before you sign them to make sure that your rights and interests are protected.  Understanding the legal issues that your enterprise will encounter is an essential step in being a responsible and informed business owner. By understanding the limitations of the protections offered by incorporating and that it may be possible to get out of a bad contract, you will be better able to minimize your enterprise’s exposure to legal...

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