Category: Law

4 Scenarios When You MUST Hire A Lawyer

law & attorneyThere is no doubt that there are negatives to hiring a lawyer. For one thing, they are very expensive. It is issues like this that make people believe they don’t need help when they are facing legal trouble. However, it is also this kind of thinking that gets those people into even more trouble. Lawyers are an essential part of your defense if you are going through legal proceedings because of their skill and knowledge. Below are the four scenarios when you need the more than most. If you ever find yourself in one of these situations, make your first call to your attorney.

1. A Messy Divorce

If the divorce is amicable, there might not be any need for a lawyer. Although some people would disagree, you can see the logic. But, when the divorce is a messy and contracted affair, legal representation is essential. For starters, law firms like Manassa, Stassen & Vaclavek, P.C. know where to look to find any loopholes. Divorces are like wars, and some people will go to any lengths to get what they want. Remember that when the deal is finalized, it is legally binding. Plus, they also act as your go between. Talking or mediating may be impossible if you don’t have a lawyer to pass on messages and communicate.

2. Wrongful Termination Suit

Thousands of people go to court every year to fight a suit of wrongful termination. The sad fact is that employers will take advantage of your lack of knowledge. They will do things that they know they shouldn’t if they can get away with them. Obviously, your lack of knowledge is a hindrance. But, that is where an attorney comes in handy. A specialist should know the legal terms inside and out, so they should be able to build a good case. Without them, it is unlikely that you will get your job back or get compensation.

3. A Criminal Charge

No one likes to think about going through criminal proceedings. But, if you have to, you need to know where to turn. The first and only place is a top lawyer. Again, there knowledge and experience are vital to building a good case and getting you off. However, there are other issues where they excel. They also take the stress off your shoulders and help you through the process unscarred. The main reason you need one, though, is because this is the biggest moment of your life. Do you want that hanging on your shoulders for the rest of your life?

4. Wills & Trusts

It is a sad state of affairs, but wills and trusts bring out the worst in people. There are numerous instances where people have manipulated dying victims into changing their wills, and it still goes on today. All you want is to make sure that the will is legitimate and that it goes to the right people. If you have a third-party lawyer on the case, you can be pretty pleased with the outcome whatever happens.

5 Ways To Challenge A DUI Charge

DUI charges detailsIf the police catch you drinking and driving, you are in a lot of trouble. That one mistake, if you are found guilty, could be on your record for the rest of your life. And, although it might not seem significant, it can affect everything from your home life to your job. Your best course of action is to challenge the DUI and get it thrown out of court. It isn’t easy, but it is possible.

Here’s how you can do it and walk away scot free.

1. Challenge The Officer’s Statement

Police officers normally work in tandem because they need a second source to validate their claims. Sometimes, though, they have to work on their own. If an officer made the claim and wasn’t with their partner that day, challenge their version of events. When it all boils down, it is your word versus their word unless they have more evidence, of course.

2. Question The Fact That You Were Inebriated

With all the technology at the police officers disposal, you might think it is impossible to question the validity of the equipment. The truth is that there could be other reasons that you appear to be drunk that are not related to alcohol. For example, you might slur your words and have dilated pupils due to a medical condition. Some conditions might even fool a breathalyzer into thinking that there is a high level of alcohol in your system.

3. Make Sure The Report And The Evidence Match

One mistake that a lot of officers make is not writing down a similar account to the video evidence. The majority of police forces use body or car cameras to back up their claims. However, the experts at formerdistrictattorneys.com believe you should make sure that both accounts correlate. One or two small differences from each account could be enough to plant a seed of doubt in the judge’s mind. When that happens, they might be more inclined to throw out that particular piece of evidence.

4. Challenge The Breathalyzer

Technology is good, but it is not infallible. Just because your test comes back positive doesn’t mean that it is true. There are contributing factors that can lead to that positive result, the main one being that the equipment is dodgy. If it is not properly maintained, the results can differ wildly. Also, you may use perfectly legal over the counter medication for an ailment. Although that doesn’t impair you when you are driving, it might show up on a test. For more ways a BAC test can be faulty, go to http://duiwise.com. A blood test is a better way to gauge the level of alcohol in your blood.

5. And A Blood Test

Yes, blood tests are better, but they too are not infallible. Again, a range of factors could show a faulty reading from the chain of custody issues to unqualified testers. Ask them to do a range of samples so that you know the first one is not an anomaly.

A DUI cold ruin your life, so don’t go down without a fight.

How To Protect Yourself When Facing Criminal Charges

criminal defenseWe’re all adults here. You know as well as I do that someone facing criminal charges is not necessarily guilty. When you’re facing criminal charges, it’s extremely important to make the right decisions. The wrong turn of events can completely cripple your financial profile, and grind your personal to a halt. Here are the most important things to do when facing criminal charges.

The first thing you need to do is hire an attorney. It’s possible to handle a criminal case without spending a penny on legal counsel. It’s also technically possible to climb Everest with no equipment. Visit http://www.rogersandmoss.com/ for an example of what to look for in a professional attorney’s firm. If hiring an independent attorney is totally out of your question, then you should get a public defender. The US constitution gives you the right to be represented by a competent attorney, who will be appointed to your case free of charge. Take your time settling on a law firm though. This could be one of the most important decisions in your life. Try your best to find a lawyer with a lot of experience in cases similar to yours.

Once you have an attorney on board, go through all your legal paperwork with them in detail. A fresh pair of eyes, specifically a lawyer’s, will help you to understand the charges made against you, and the best way to tackle them. One of the most important things is making sure all the information on your documentation is correct. A lot of criminal charges have been dismissed in the past, simply due to a criminal complaint being inaccurate. The exact information which is required in a criminal complaint varies from state to state, so read up on your local bylaws. Any police reports should also be scrutinised as much as possible. These typically have limited information, and a wrong fact could really help your chances of walking free.

You should analyse all possible evidence lined up against you. Again, this should be done with your lawyer present. If any of the police involved with the incident violated your constitutional rights, your charges could be dropped in an instant. Unfortunately, this is much more common than you might think. The police can’t search or arrest you without probable cause. Probable cause is a reasonable belief that you committed a crime, based on objective facts. If it’s found that the officer who arrested you didn’t have probable cause, you can’t be prosecuted for the charge at all. Visit http://www.constitution.org/uslaw/defunlaw.htm for more detail. It’s integral for you to go over all of your constitutional rights concerning criminal charges in detail. If you think any of them were violated, this can be a significant help in the course of your overall case.

Once you take these three steps, you’ll have a much stronger defence in your criminal case. After doing all of this base work, it’s all down to the skill of your attorney, and the evidence available. The last, overarching tip I’ll give is to listen to your lawyer, and go along with their plan.

Ways to Improve Your Chances of Winning a Lawsuit

financial legal mattersWinning a lawsuit is a huge challenge, but it can be done as long as you have a good plan of action in place. It’s all about making sure that you are prepared for the challenge ahead before you even get started. Here are some top ways that will improve your chances of success.

Consider the Costs

Fighting a lawsuit is certainly not cheap, no matter which side of the court you’re on. So, you need to consider the costs beforehand. If you don’t think that you can afford to go ahead, don’t quit just yet. There are many charitable organisations and governments that can help people on low incomes to get justice. No one should have to accept not getting justice just because they’re not rich. And if you’re pursuing a personal injury claim, you might be able to get pre-settlement funding. This helps you to stay on top of the costs while the court case is still ongoing. It can be a huge help.

Get the Best Lawyer

There is always a temptation to not hire a lawyer. Many people think that they can represent themselves and succeed. But this is not the movies where the little guy beats the big guy. The chances are the person with the better lawyer will win the case. This is not always how it plays out, but it’s a bigger factor than most people realise. The best lawyer will be able to give you the expertise, experience and skills they have. When you have those things behind your case pushing it forward, your chances of success increase greatly. So, hire a lawyer that has dealt with cases that are similar to yours in the past. Look at their success rate too.

Get Evidence

If your case relies on you having to prove that another person did something, you need to have evidence to back up what you’re claiming. This is how many civil disputes work. If you are pursuing a personal injury claim because someone was responsible for an injury you sustained, evidence is vital. You need to have independent witnesses who can back up your claims. And you also need the testimony of the doctor who treated your injuries. If you don’t have those things, then it is simply your word vs your opponent’s. And that is always a risky gamble when you’re in court.

Prepare for Court

There are many things that can be daunting about appearing in court. Having to speak in front of a judge and present your case is not always the easiest thing in the world. That’s why preparation is so vitally important. You can never prepare too much. But you can definitely prepare too little. If you walk into the court without knowing exactly what the plan is and how you’re going to present your case, you’ll be in trouble. You don’t want to do this because it could jeopardise your entire case, and that’s not what you want. So, remain calm, and listen to all the advice that your lawyer gives you.

Determining the Cost of Your Divorce

divorce costMarriage and divorce are both expensive. Online services like Divorce are in high demand as the national average cost for a divorce hovers around $27,000.

There are factors that influence the cost and knowing them will help determine where a divorce lands on the cost scale. Review your situation considering the following four areas that affect divorce costs.

1. Your Location

Your location determines the market for attorney fees. Divorce is more expensive in New York City than in a small Arkansas town.

Divorce is handled by hourly fee arrangements. Small town attorneys commonly charge $150 to $200 an hour, but in large cities, those fees may spike up to $500 an hour. Fees are always disclosed in your initial consultation so you will not go into an attorney-client relationship unaware.

2. Amount of Conflict

Couples proceeding amicably with more agreement demand less from attorneys. This leads to a less expensive divorce. Making some agreements before filing can shorten the lifespan of the divorce process and conclude it with less expense.

When disagreement arises, consider mediation over litigation. Courtroom battles require extensive divorce lawyer preparation time and demand more of your money. Mediation allows for discussion and negotiation with assistance to help you see where you and your partner agree. While a litigation battle can cost close to $50,000, people who decide to mediate pay much less, normally no more than $7,000.

Conflict is likely even with the most agreeable of people. While reducing it will save costs, managing it effectively will offer the same effect.

3. Presence of a Prenuptial Agreement

Having a prenuptial agreement can help and hinder divorce costs. If it is well-drafted and fair to both parties, it will smooth out divorce proceedings, end them sooner, and reduce costs. However, an unfair or poorly drafted prenuptial agreement can draw out a divorce and make it more expensive.

If considering a prenuptial agreement, be honest and disclose all assets. Arrange for both of you to meet with separate attorneys. A fully informed and fair agreement is enforceable, but if there is evidence of fraud, coercion, or unconscionable provisions, you will waste money defending it and likely have it considered unenforceable anyway.

4. Extent of Assets

This is another common sense factor. A divorce involving two people with no real estate and separate debt will always be easier than those that include a family home, a closely-held business, investment income, or other substantial assets. The more you own, the more you can expect to pay in attorney’s fees for a divorce.

Although these factors offer clear guidelines, there is no guarantee on the cost of a divorce. You could have more or less conflict than anticipated or run into unforeseen legal barriers. The best way to control the costs of your divorce is to set realistic expectations and keep clear communication with your attorney. The fewer items that complicate the process, the less you will have to pay to complete it.