Posts tagged: law

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.

3 Tips To Protect Your Identity

Online securityNow that we have entered the information age, our data is regularly being logged into many different websites through many different devices, all of which is putting our identity at risk. Along with that, with so many more things that can be done online, from loan and mortgage applications, purchasing of items big and small and even booking holidays: the level of risk associated with identity theft and the ease of using another persons details to make purchases makes protecting your identity all the more important. Today we are going to go through three tips to protect your online identity:

1.)  Use strong passwords

If you are logging in to various services with passwords, make those passwords as strong as possible by using capital letters, numbers and symbols to make your password less easy to guess. Identity thieves use programs that can enter a whole dictionary of words into a password box within minutes – which means that any password that is based on a standard word such as “cheese” is a weak password that practically invites people to steal your identity. If you have a poor memory, there are ways to strengthen and secure passwords without making them difficult to remember – and you can do this by pretending your password is a car number plate and adding your favourite symbol at the end, so “cheese” can become “Ch33se?”, “blue” can become “blu3!” and so on and so forth…you get the drift!

2.)  Delete your browsing history and cookies when you have finished

If you are using a smart device or a shared computer then always make sure you delete the stored information in the browsers keychain when you are done. If you are not very web savvy and that all sounds like gobbledygook to you, don’t worry! When you have your browser open, select “history” and find the “delete browsing history” option – remembering to delete cookies and other saved information. The reason for this is that your browser will remember your passwords and automatically log in the next person who visits a website which requires your login information. Once someone has logged into one of your accounts, they not only have access to your credit card details, but also your mothers maiden name, your secret password, your address, paypal details – the whole hog! Better to not give anyone such access by deleting the information stored in the browser you are using.  If you are accessing information via your phone, rather than go through the process of deleting every thing each time you have used it, you can choose to go incognito which means that none of your browsing history is stored: ever. This is easily done through the settings on your phone.

3.)  Do not respond to emails asking you for information

One easy way to steal people’s data, is to redirect them to a fake website that looks and feels like a genuine website: and then making them enter their details for your own person use. This is called “phishing” and will most often come in the form of Facebook or bank information that requires your instant response. Rather than respond to such emails by clicking on the links they provide, visit the website directly to make sure the email is genuine, and without risking a visit to a fake website that is trying to steal your details.

Brendon is an image rights writer based in Guernsey. He loves to help people protect themselves from identity theft.

Three Of The Most Common Injuries That Result In Lawsuits

Injuries That Result In LawsuitsPersonal injury lawsuits are among the most common legal proceedings in America. In fact, legal blogs report the staggering statistic that a new personal injury claim is filed every two seconds. While some describe personal injury lawyers as “ambulance chasers” and assume they are creating legal issues where none would exist otherwise, most personal injury lawyers are not overly-litigious.

Personal injury lawsuits can take several forms, and attorneys assist their clients in receiving compensation for damage to personal property, inconvenience or injury stemming from defective products and physical and psychological injuries affecting the body. By far, the most common type of personal injury lawsuits are those dealing with physical injuries to the body. Personal injury attorneys assist average people facing uncomfortable, painful and debilitating personal injuries in receiving the compensation they deserve. Below are three of the most common personal injury claims.

Back injuries resulting from an automobile accident

Car accidents happen every day, ranging from minor fender-benders to serious, even fatal, crashes. In fact, there are more than six million automobile accidents recorded annually in the United States. Most people will be involved in a car accident at some point in their lives, and many of them will experience some time of physical injury due to the accident.

The impact of a car crash and the strain it puts on the human body is most often absorbed in large part by the body’s core, including the back. Many times, back injuries sustained during car crashes show no immediate symptoms. Rather, the pain and discomfort begin to manifest hours, days or weeks later. Common back injuries sustained in car accidents include sprains, fractures and slipped discs.

Slip and fall injuries

Commercial businesses and homeowners alike know the importance of maintaining safe conditions for family, friends, neighbors or customers. Still, over seven million slip and fall accidents are reported each year in the U.S. An astounding 20,000 people die annually from injuries sustained in these types of accidents. Slip and fall injuries are common because they can happen anywhere from the grocery store to a school to an apartment complex.

Slip and fall injuries often result in broken bones in the extremities, as well as in head wounds. While many slip and fall cases wind up in court, it can be difficult for a plaintiff to prove that the defendant was negligent and failed to remedy an unsafe situation. Sometimes, accidents just happen and no one is at fault.

Work-related injuries

With so many Americans spending the majority of their days at work, the workplace is rife with injuries. Last year, the Bureau of Labor Statistics reported more than three million work-related injuries, and the actual number is estimated to be much higher since many employees fail to report their injuries for fear of retaliation.

Most often, work-related injuries are not one-off, traumatic injuries that take place in a matter of seconds. Rather, work-related injuries often stem from repetitive motion that causes undue stress on a particular part of the body. Carpal tunnel syndrome is, perhaps, the most well-known repetitive stress injury, but back and neck injuries resulting from frequent lifting are also common.

If you find yourself suffering any of these common injuries, you may wish to consult a personal injury attorney. If you find yourself on the receiving end of a personal injury claim, you may be forced to pay financial compensation. In either case, it’s important to know your rights and to seek out appropriate legal representation when necessary.