Three Ways You Can Help Your Criminal Attorney With Your Case

Posted by on Jun 30, 2016 in Uncategorized |

When you’re facing a criminal charge, you want to do everything you can to get the case resolved as quickly as possible. This eagerness can sometimes cause individuals to do more harm than good, particularly when it comes to their attorney. Make sure you aren’t working against your attorney. Here are just some of the things you can do to avoid this. Be Honest The main thing your attorney needs is your honesty. There is a saying that simply states that anything done in the dark will soon come to light. This statement couldn’t be any truer than in the court of law. Whether you’re guilty or innocent has little importance; an attorney is more interested in you telling them the facts of what happened. When you aren’t honest, your attorney can’t prepare a sufficient defense. With a poor defense you are more likely to be blindsided in court and ultimately lose your case. Be upfront and honest about every detail. Be Available Attorneys can handle many aspects of a case without input from their client, but there are situations in which direct input is necessary from both an ethical and legal standpoint. One example of this is plea deals. Prosecutors sometimes offer a guarantee of a reduced sentence in lieu of trial. However, even if the attorney believes the deal is a good option, they can’t accept it without speaking with you. In some cases, failure to respond within a certain window can void the offer. It’s important that you be available whenever your attorney needs to speak with you. Be Quiet There are few things more detrimental than a moving tongue. Do your attorney, and most importantly, yourself, a favor by keeping quiet. Anything you say can and will be used against you, even if you aren’t making these statements to law enforcement. Discussing your case with even close friends or family is never a good idea. The things you say can easily be misconstrued and shared with the wrong person. When it comes to discussing your case, all conversations should only involve the attorney and yourself. Only share information that you have cleared with your attorney.   The more you work with your attorney, the faster your case can progress and the more likely you are to reach a successful resolution. Make sure you aren’t working against your attorney. If you are looking for an attorney to help with your case, consider one from a company like Swartz & Swartz...

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Why Your Extravagant Child Is Better Off With A Spendthrift Trust

Posted by on Jun 22, 2016 in Uncategorized |

What do you do if you want to create a trust fund for your college kid, but you are afraid they would squander it immediately once they got their hands on it? You create a spendthrift trust. Read on to know what it means and how it can help your kid. What It Is When you create a spendthrift trust, you get to control the beneficiary’s access to its funds or properties. This allows you to determine how the beneficiary can use the money. Therefore, you can set up a trust fund for your kid, and they won’t be able to squander the money because your chosen trustee will see to it that the money is used as per your wishes. In Practical Terms The beauty of a spendthrift trust is that its language is very specific. This allows you to state exactly how your beneficiary will use the money. For example, if you want to use the money to support your child through college, you may specify that the trust fund is strictly for college-related expenses. This means, for example, that the child cannot use the funds to buy a sports car and drop out of college once they are unable to support themselves. What about your child’s creditors who may come after the trust? This has been taken care of in the trust fund too. With a few exceptions, the language of the spendthrift trust is usually crafted to keep out creditors too. In fact, even a crafty kid cannot borrow money or buy things on credit and hope that the creditors will use the trust fund to get their money back. The beneficiary can only use the trust fund to settle special “debts,” such as child support, government claims, and alimony. However, this depends on your state’s laws, which you should consult before creating the trust. When Does It End? If you are worried that this arrangement may only be suitable for a time, don’t be. It’s understandable that you expect your child to “grow up” and become financially disciplined after some time. For that reasons, spendthrift trusts can be set up with an expiry date, so to speak. For example, you can leave instructions for the trustee to hand over the spendthrift trust to the beneficiary once they reach a certain age, say, 27. Does this look like something you should do as part of your estate planning? Consult an estate planning attorney to help you craft a spendthrift trust and ensure it is legally binding. Talk to a professional like Jolein A. Harro, P.C. to learn...

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If A Person Falls In Front Of A Name-Brand Restaurant In A Theme Park…Who Does He/She Sue?

Posted by on Jun 13, 2016 in Uncategorized |

World-famous theme parks are about to be jam-packed with visitors from around the globe this summer. To accommodate all of these hungry tourists, the theme parks have built many of their own restaurants onsite, but they have also invited many name-brand restaurants to rent space on theme park property. If you step inside these restaurants for a bite or a drink, and then have a slip and fall accident, who do you sue? If this has happened to you early in this tourist season, you may need the following information when you meet with a personal injury lawyer. A Waiver Of Liability Can Be Involved Sometimes, the theme parks have you sign a visitor’s contract in advance to your arrival in the park, especially if you plan to stay onsite and longer than a day. If you received a copy of that contract, read over the fine print again. You may have unwittingly waived your right to sue if you accepted responsibility for any injuries occurred while enjoying the park’s many rides and attractions. This may extend to the restaurants as well, if the restaurants were within the park’s boundaries. However, this may not be enforceable, so discuss the issue with your attorney. Where You Fell Might Make A Difference If there are exceptions to your visitor’s rules and/or contract with regards to restaurants, they may be very specific exceptions. For example, if you fell just coming in or going out of a name-brand restaurant, you are right on the edge between the park’s property and the restaurant’s property. Even though the restaurant might only be renting the property, any point over the restaurant’s threshhold might be considered the restaurant’s property, and you should sue the restaurant. The reverse is also true; crossing the threshhold to the park’s property outside of this restaurant may then be considered the park’s property again, and park rules apply. Determine What Caused You to Fall Your lawyer will need to know what caused your fall. Did you fall because another park visitor shoved you and you fell, or did you step in a spilled drink on the floor? Did you slip because the restaurant just mopped up a mess and did not post a “wet floor” sign, or did heavy rains leave a puddle near the exit or entryway? While any one of these might be a legitimate reason for your fall, it is still important to know the reason so that your lawyer can defend your case properly (remember, he/she was not there when it happened, so he/she needs all the pertinent details of the event). For more information, consider contacting someone who handles slip and fall cases, like Robert M Kaner...

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Three Options For Continuing Your Lawsuit When The Defendant Files Chapter 7 Bankruptcy

Posted by on May 26, 2016 in Uncategorized |

Many people are struggling financially these days, and being hit with a lawsuit for an accident may be the thing that finally causes a person to file for bankruptcy protection. If the defendant does this in your case, you could lose any hope of collecting the compensation due to you if you don’t act fast. Here are three things you can do to save your case when the defendant files chapter 7 bankruptcy in the middle of your lawsuit. Ask for the Automatic Stay to Be Lifted When the defendant files for bankruptcy, all lawsuits are either halted until the bankruptcy is resolved or automatically dismissed. One way to save your lawsuit is to ask the bankruptcy court to lift the automatic stay so your case can proceed. Unfortunately, since your suit is not secured by collateral, you would be considered an unsecured creditor. The court will typically only lift the automatic stay if the debt from the lawsuit wouldn’t be discharged in the bankruptcy. In the case of personal injury lawsuits, only accidents caused by the defendant driving drunk are non-dischargeable. Debts that aren’t listed in the bankruptcy schedules won’t be discharged either, so you may get lucky here if the defendant forgets to add your case to his or her paperwork. Challenging the Bankruptcy Filing and Discharge Another thing you can do is initiate adversarial proceedings and challenge the person’s bankruptcy filing and discharge. This is best done if you think your lawsuit has a good chance of being discharged by the bankruptcy court. During the hearing for the adversarial proceeding, you can request that the court do not discharge your specific debt or object to the entire bankruptcy. To be successful here, you have to show the defendant committed fraud or didn’t comply with the court’s orders in some way. For example, if you can show the defendant committed insurance fraud (e.g. staged an accident with you), the court may allow your lawsuit to survive the bankruptcy filing or dismiss the defendant’s bankruptcy case altogether. Wait Until the Case Ends and Refile The third option is to wait until the person’s bankruptcy case ends and refile your lawsuit afterwards. This is a gamble because the court may include your lawsuit in the bankruptcy discharge and you won’t be able to collect the compensation due to you at all. However, if your case survives the bankruptcy filing, you’ll have a better chance of collecting any compensation you’re awarded since the defendant won’t be able to file chapter 7 bankruptcy again for several years. The bankruptcy court provides powerful protections to debtors that can end your lawsuit before you’re awarded the money you’re due. Talk to an attorney...

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Tips For Using A Loan Modification To Avoid Foreclosure

Posted by on May 10, 2016 in Uncategorized |

Filing for bankruptcy is one method people use to stop a foreclosure from occurring, but this is not always the best option. After receiving the foreclosure documents from your lender, you may want to visit an attorney that specializes in foreclosure law. This attorney might be able to recommend using a loan modification program to put the foreclosure to a halt. Here are several things you should understand before using this option.  Getting Approved For A Loan Modification Takes Time And Effort A loan modification allows you to change the terms of your loan, and it is something your lender must be willing to do. This process is not simple by any means. It will take time and work, but this type of program is much easier if you have a lawyer working for you. Your lawyer will tell you exactly what documents are needed and what you must do. He or she will take care of communicating with the lender throughout the process, and you will simply have to do what the lawyer tells you. If the paperwork is not filled out accurately or if there are things missing from the application, the lender may deny the request. With the help of an attorney, you will have a higher chance of getting approved for the modification. If it gets approved, you will not lose your home to foreclosure at this time. You Can Apply More Than Once If you have already tried to get a loan modification and have been denied, you are free to apply again. If you tried to do this on your own the first time, hire a lawyer the next time. When you apply the second time around, make sure you know why the lender denied your request the first time. One reason lenders deny these plans is for lack of income. If this was the reason your modification was denied, get a second job to add income to your budget, or try offering a different set of terms that would result in a lower monthly payment. Your Hardship Letter Plays A Big Role In The Lender’s Decision One advantage of having a lawyer during this time is that he or she can help you write your letter of hardship. This letter is a necessity for anyone that applies for a modification, and it can help or hinder a person’s ability to get approved. This letter must clearly state why you fell behind on your payments, and your odds of getting approved will be much higher if you went through a major problem in life. This could be a divorce, the loss of a spouse, or a loss of a job. Foreclosure attorneys are highly experienced with...

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3 Good Reasons To Hire A Lawyer For Your Divorce Case

Posted by on Apr 20, 2016 in Uncategorized |

Are you married to someone that cheats on you without any remorse for your feelings? If you have tried to save the marriage but nothing ever changes, it might be time to get out of the stressful situation by filing for a divorce. Take a look at the article below to discover why you should end your marriage with the assistance of a divorce lawyer. 1. Get the Financial Support That You Deserve Getting assistance from a lawyer is the best way to make sure that you receive financial support to the fullest extent possible. He or she will be able to assess the history of your marriage and lifestyle to determine how much money you can realistically win in the divorce settlement. For instance, if you have depended on your spouse for money, you might be able to get a nice sum of alimony. However, the length of the marriage might play a role in whether you are granted alimony or not. A short marriage might not be sufficient enough for you to be granted alimony, but the decision will be left up to the judge. 2. Obtain Temporary Custody of the Children If your spouse’s cheating ways have had a negative effect on the children, you might be able to get temporary custody until the divorce is settled. For instance, if your spouse brings his or her affair partners to your home out of disrespect, it can be seen as a sign of emotional neglect for the children. A lawyer might ask you for phone records or any photographs that you may have found of your spouse and the other party together. The lawyer will likely hire a private investigator to get evidence of the affair if you are unable to provide enough proof on your own. People that may have witnessed the affair will also be contacted in case they can speak on your behalf in court. 3. Make Sure Marital Assets Are Fairly Divided A lawyer will come in handy if your spouse decides that he or she wants the majority of the marital assets due to being the financial provider throughout the marriage. The lawyer will be able to explain to the court why you deserve certain assets, such as the house if you get custody of the children. You can also depend on the lawyer to make sure that money in bank accounts is fairly distributed in the divorce settlement. Contact a lawyer, like those represented at http://madisonlf.com, to discover what he or she can do to help with your divorce...

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