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March 11, 2021 by admin

Is Bankruptcy the Right Choice?

Bankruptcy Lawyer

You never dreamed that this would happen to you. Losing your job was a bitter pill to swallow. Paying for unexpected medical and car repairs bills have maxed out your credit cards. Now it’s hard to pay even the minimum monthly amount. You’ve missed the last two mortgage payments, and the collectors are calling every day.

Some of your friends are recommending that you file for bankruptcy; others tell you that filing will ruin you financially.

If you or a loved one are contemplating bankruptcy, here are a few things to keep in mind:

  • You are not alone. More than 520,000 individuals and companies filed for bankruptcy in 2020.

  • You need help. Ultimately, filing for bankruptcy is a public admission that you cannot pay your debts.

Which Kind of Bankruptcy Will You Choose?

While there are six types of bankruptcy, most individuals file under Chapter 7 or Chapter 13 of the federal bankruptcy law. Chapter 7, sometimes called “liquidation bankruptcy,” applies mostly to those with little or no disposable income. Most of your assets could be sold off to pay your creditors. Chapter 13, called “reorganization bankruptcy,” typically applies to individuals who have steady income. It allows them to keep most of their assets if they can meet their financial obligations as determined by the courts.

What Happens When You File for Bankruptcy?

  • The nasty collection calls will stop immediately. The court grants an “automatic stay,” which prohibits creditors from contacting you or taking actions against you until your bankruptcy is discharged or a repayment plan has been completed.

  • A court-appointed “trustee” will oversee your case until it’s discharged and handle all your communications with creditors.

  • Many of your debts will be eliminated, including credit card debt, medical bills, personal loans, past utility bills and rent payments, and more. Other debts, like child support payments, federal student loans and tax debt, must still be paid.

  • You may be able to keep your home, but under Chapter 7 you may lose many of your personal assets, including automobiles and other personal possessions.

  • Your credit score will take a major hit for 10 years or more. You’ll lose all your current credit cards and will find it nearly impossible to secure a loan for a mortgage.

  • Your ability to rent a home or to land a new job could be adversely affected.

  • You’ll have to pay for court filing fees, bankruptcy trustee fees, credit counseling fees and attorney fees.

There are important options to consider with regard to bankruptcy, as a bankruptcy lawyer in Cypress and Llano, TX, at a firm such as Winfrey Law Firm, PLLC, can explain.

Filed Under: Uncategorized

March 9, 2021 by admin

Do I Need a Criminal Defense Lawyer in Vero Beach, FL?

When you’ve been charged with a crime, you should not delay in calling a criminal defense lawyer in Vero Beach, FL. Handling your case on your own could mean that you enter risky territory without any strategy or roadmap. Your future could be put into serious jeopardy. 

A criminal defense lawyer can protect your rights and interests by developing a defense strategy for you on your behalf. Even if you are only being investigated, it may be worthwhile to consult with our firm. 

Pre-Investigation

The goal of a prosecutor in Florida is to win a case. If they feel they can secure a guilty verdict or plea, they will likely pursue an indictment. This confidence may be based on evidence collected by police during a pre-charge investigation. This evidence may include:

Your own statement

Witness statements

Physical evidence

Photos and videos

Digital evidence

If you believe you are under investigation, you should ask a criminal defense lawyer in Vero Beach, FL to help you. A lawyer will understand how to protect your rights, and will let you know what you should and should not do. At this time, detectives may kindly ask you to talk with them, the reality is that they may be looking for evidence to use against you. One wrong word can get you charged. Don’t expose yourself to any risk you don’t want. Call a lawyer

Sometimes, a lawyer can work with the police and prosecutors to help a client avoid charges all together – in exchange for cooperation. The lawyer might also help police to realize they have been looking at the wrong person. In the event you are charged with a crime, the lawyer who worked with you during the pre-investigation will already be familiar with your case and ready to help you fight your charges. 

Once You’ve Been Charged with a Crime

If you have been arrested and charged with a crime, your Vero Beach, Florida criminal defense lawyer may be able to help you with:

Getting a release from custody at a bail or bond hearing

Make sure the prosecutor turns over all evidence

Assess any evidence and identify problems or weaknesses

Filing a pretrial motion, as necessary

Suppress any unlawfully obtained evidence

Identify whether or not any of your rights were violated

Work with the prosecutor to arrange a plea deal that minimizes the potential consequences

Advocate for you during a trial

Argue for the lightest possible punishment during sentencing

Handle any post-conviction matters, such as an appeal, motion for relief, or expungement

A Vero Beach, Florida criminal defense lawyer can also make sure you understand the charges against you. You’ll know what to expect at each stage of your case, and understand how the evidence may help or hurt it. You’ll know what possible defenses are available so you can make the best decision for your future. If you have been charged with a crime, or are under investigation, don’t wait to see what happens, call a criminal defense lawyer in Vero Beach, FL now. 

Filed Under: Uncategorized

March 2, 2021 by admin

How Restraining Orders Impact Your Life

It can be really confusing, keeping up with the ways that a restraining order can impact your life, especially if you’ve never had a restraining order before. It is important to know the how this order can impact your life whether you currently have one or may someday in the future be issued one, and if you have trouble understanding the use of an order assigned to you, you can talk to a protective orders lawyer such as the ones available at May Law LLP. 

Restraining orders are one of the most misunderstood legal orders that people have issued to them or against them. When you think of a restraining order, are you accidentally thinking of a no contact order? A no contact order is the order that means a person cannot contact you or go near you, and these are commonly issued in domestic cases, abuse cases, stalking cases or even harassment cases. 

A restraining order is an umbrella term as there are many types of restraining orders that are used based on the scenario they are used in. A restraining order can be a civil or criminal, depending on the type of order. The type of order you are issued will depend on who requested it, the victim and who they were, and the circumstances surrounding the case. 

Types of Restraining Orders

Domestic violence restraining orders are civil restraining orders, and can be asked for one if they are in an intimate relationship with somebody who is abusing them in that domestic relationship. The abuse can be physical, psychological, emotional, or sexual. Having this order against you does not mean criminal charges will necessarily be filed, but criminal charges may be filed if you violate the order. 

Civil harassment orders are another type of order that may not necessarily lead to criminal charges. A person can request this order to prevent someone else from harassing them. These orders are issued in cases that are not related to domestic violence. The person asking for the order is not asking the court to file charges against you but asking instead of protection. These do not lead to criminal charges unless they are violated.

Criminal protective orders are another type of restraining order. These are issued in criminal cases where a victim or witness needs to be protected from the defendant. These orders are issued in criminal cases involving domestic violence, other forms of assault, abuse, or harassment. They can be issued at any point once the offending person has been arrested. In more serious cases, the order may be issued on the spot so that the victim is immediately protected. There are short term, emergency scenarios, or long-term orders in this category. This could lead to criminal charges if violated. 

Violating any kind of restraining or protective order can cause you to acquire criminal charges. You could face jail time, fines and if you are on probation, it’ll affect you too. You could be charged with misdemeanors, a felony, or with contempt of court for violating these orders. Contempt of court is reserved for when a defendant willfully and intentionally disobeys the court’s orders. 

Filed Under: Uncategorized

January 17, 2021 by admin

What Does It Mean If My Employer Is a Nonsubscriber to Workers’ Compensation?

As you likely already know, workers’ compensation is a type of business insurance that provides benefits to you if you sustain an on-the-job injury or develop a work-related illness. Each state has its own workers’ compensation laws, which vary from state to state. 

For instance, some states, including North Dakota, Ohio, Washington, and Wyoming, require employers to participate in the state work comp insurance program. Other states, including Nevada, New Jersey, Oklahoma, and West Virginia, allow employers to carry private work comp coverage or to self-insure. Only Texas allows employers to completely opt out of providing work comp benefits to employees.

The Law in Texas

In Texas, an employer who opts out of workers’ compensation is called a “nonsubscriber.” If your employer is one of these, you can still recover damages for work-related injuries and illnesses by suing it directly. Unlike in a work comp claim, your employer cannot assert that you caused or contributed to your injuries or illness.

You can tell whether or not your employer is a nonsubscriber by checking your workplace bulletin board. Nonsubscribers are required by law to post a notice in an easily accessible area giving information as to what, if any, benefit program it has in place for injured workers and who to contact.

Self-insured Texas Employers

If your employer is self-insured, it can require you to do the following:

  • See only pre-approved doctors and other health care professionals for assessment and treatment of your injury or illness
  • Give recorded statements to claim investigators
  • Waive your right to seek additional benefits after receiving treatment
  • Refuse to pay you for any wages you lose as a result of your injury or illness

Even if your employer chooses to pay you a portion of your regular income, this likely will not be sufficient to cover your living expenses. In addition, your employer can stop making these payments to you at any time.

Obtaining Legal Representation

If you wish to sue your nonsubscriber employer for personal injury, you need the advice, counsel, and representation of an attorney experienced in these types of cases. He or she can guide you through the entire process and serve as your aggressive advocate in your claim for recovery of the economic and noneconomic damages your on-the-job injury or illness caused you.

Keep in mind that just because your employer chose to opt out of the workers’ compensation program, they still owe you a duty to provide a safe workplace. Consequently, an attorney, like a workers’ comp attorney from Polsky, Shouldice, & Rosen, P.C., can help you amass evidence that your employer acted negligently in this regard.

Filed Under: Uncategorized

January 15, 2021 by admin

What You Can Do to Take Action for Debt Collection Harassment

Criminal Lawyer

Debt collectors are in the business of making money. These agencies may use quite unruly and even illegal strategies to get payments from debtors. Mistreatment from a debt collector should be taken very seriously. A debtor may be entitled to financial compensation for such harassment, so it is important that you meet with a legal professional as soon as possible. 

The Motivation Behind Debt Collection Harassment

Debt collectors are typically motivated by the force to make money. Such an agency is unlikely to be kind to debtors who are way behind on paying off their debts. An attorney can provide insight into how a debt collector may utilize unethical, threatening, hostile, and even profane methods to lure a debtor into paying. A debtor may initially be startled to receive a call or letter of such an aggressive tone, from what is supposed to be a professional collection company. There are many ways in which a debt collector may be violating debtor rights, including but not limited to the following: 

  • Pressuring the debtor to pay more money than what is due
  • Denying requests by the debtor to show proof that an amount is due
  • Threatening the debtor that an arrest will be made if payments continue to be late
  • Making more calls per day/week/month than is permitted by law 
  • Intentionally scheduling calls when it is likely to be most inconvenient for the debtor (before 8:00am and after 9:00pm)
  • Calling the debtor’s place of work 
  • Making other empty threats that action will be taken against the debtor
  • Contacting friends and family and sharing private information about the debtor

What You Can Do to Take Action

As a debtor, you do have rights when it comes to how a debt collector can seek payment from you. Just because you owe money to a creditor does not mean you are revoked of your rights. In addition to meeting with an attorney, here are some ways you can take action in getting the harassment to stop:

  1. Contact both the original creditor and the debt collector through phone call and written letter, that you request the harassment to stop. Keep a copy for your own records too, just in case you decide to take legal action and proof is needed.
  2. Request that your debts be verified, in order to prove that you actually owe what the debt collector is demanding from you. 
  3. Start creating written records of every time the debt collector contacts you (note down phone numbers, do not delete voicemails and keep letters sent via mail). 
  4. Contact the debt collector and request that you are not contacted at your place of employment, as your employer does not permit such calls to be made. 

If you feel your rights have been violated and wish to consult with an attorney to discuss how to proceed, contact a debt collection attorney, like the lawyers at Johnston & Martineau PLLP. for more information about your case.

Filed Under: Uncategorized Tagged With: criminal lawyer

January 15, 2021 by admin

4 Facts About Drug Court

Criminal Lawyer

If you have been accused of driving under the influence of an illegal substance, you may be offered drug court as an alternative to jail time. If you are eligible, you will be removed from the traditional court system and placed into this alternate program, which may help you recover from drug abuse and support your efforts with certain incentives. However, before you agree to enter drug court, there are a few facts you may want to learn beforehand so you know what to expect.

1. You Must Be Eligible to Enroll 

When you appear before a judge for your charge, he or she may review your criminal history before offering you the chance to participate in drug court. There are a few factors that might influence the decision such as your age, as minors cannot participate, and whether you have a history of violent behavior, as this may bar you from entering the program. If this is not your first offense, the judge may consider you as a candidate to help you end the cycle of addiction.

2. The Program Is Intensive 

While you may think of drug court as a reprieve from traditional judicial proceedings, it is important to understand that the program is often an intensive one and will likely require a great deal of responsibility on your behalf. You could be subject to random drug tests, need to appear in court often and remain drug-free in the future. However, while daunting, the program can be beneficial and change your future.

3. Drug Court Involves Many Community Members 

Even though entrance into drug court is typically ordered by a judge, there are many individuals involved who may help you on your journey. Police officers, lawyers, social workers, therapists, and even members of your family and friends may all participate in helping you graduate. Having support from multiple sources may give you the courage and fortitude that is required to successfully complete drug court, no matter the circumstances of your charge.

4. Drug Courts Are Successful 

Attending a drug court program is likely to greatly reduce your chances of being arrested for a DUI in the future. The Justice Programs Office School of Public Affairs reports that some programs like this have reduced repeat offenses by 40 percent. As such, you may avoid future brushes with the law, avoid having your license suspended, and save yourself the public humiliation that often comes with being charged with driving under the influence of narcotics.

The decision to enter drug court may be a daunting one, but support is available. Contact a lawyer, like a criminal lawyer from Rispoli & Borneo, P.C., today, or go online to schedule an initial consultation.

Filed Under: Uncategorized Tagged With: criminal lawyer

January 13, 2021 by admin

A Family Lawyer for Custodial and Support Rights of Unmarried Parents

If you are unmarried, but have a child (children) with a partner whom you are separating, you may be concerned about child support and custody. As a family lawyer, like from Pioletti, Pioletti & Nichols knows, nothing may be as important to you as your children. Your assets, property, and material items cannot replace the love and bond you have with them. Now that you are separating from their mother or father, you might wonder how the laws apply to your case – especially because you were never married. 

Understanding the Rights of Child Custody for Unmarried Parents

Child custody rights somewhat vary for unmarried parents. Although each state has their own specific rules, there are similarities. Usually, until the biological father obtains a court order to assert his custody rights (as well as parental rights), primary custody will be presumed to be with the mother. This is often true whether a paternity action has been filed, or an Affidavit of Parentage was drafted at the time of birth. In general, unless child custody is litigated, the mother retains custody of the child. The father may not have any custody or visitation rights until the necessary pleadings have been filed. A family lawyer may be needed in order to complete this. 

You can turn to a lawyer for the legal representation and answers you may need. They will be happy to discuss with you issues such as the rules and laws for unmarried parents, child custody, child support, parenting time, and more.

If you are the father of a child who wishes to have a relationship with him or her, and you are not married to the mother, it is very important that the right pleadings are filed with the court in order to establish your parental rights.

Child Support for Unmarried Parents

According to the law biological or adoptive parents owe a duty to their children to support them. If they fail to do so, the court can order them to step up. The amount of child support paid, and who will pay it, depends on factors such as:

  • The income of each parent
  • The number of children requiring support
  • The number of overnight stays each parent will have
  • The tax status of each party
  • The amount each parent pays for the child’s health insurance
  • The cost of child care
  • Whether either party has other children to support

Based upon the courts’ findings, child support will be ordered. The custodial parent is presumed to contribute directly to the child; therefore, it is the noncustodial parent who will likely be ordered to pay support. The rules for unmarried parents are largely the same. If you are seeking support, or have been ordered to pay support, and you need legal assistance, call a family lawyer. 

Filed Under: Uncategorized Tagged With: criminal lawyer

January 9, 2021 by admin

What Is a Power of Attorney?

A will is a document that becomes effective upon your death. It is one part of a comprehensive estate plan that should include other legal protections to outline your wishes for your property. While a majority of these will go into effect after you die, there are some aspects that you should consider including that become active while you are still alive. A power of attorney is one such tool that an estate lawyer, like from the Yee Law Group, may recommend including in your comprehensive estate plan.

What Is a Power of Attorney?

Simply put, a power of attorney is a legal document you create, allowing another person to make decisions and take action for you when you are unable to. These documents temporarily transfer your personal legal right to make medical, legal and financial decisions to a person you choose. Creating one or more of these tools and incorporating them into a larger estate plan can allow you peace of mind that your best interests are represented by a person you trust.

What Is a Durable Power of Attorney?

Appointing someone to act on your behalf while you are unable to is something that a durable power of attorney does. This personal representative may be tasked with a specific task such as making medical decisions. You may create a durable power of attorney before you go into surgery, for example. Since you are unconscious and unable to authorize medical action, a durable power of attorney allows your representative to make these decisions as they arise. A durable power of attorney can be in effect before you are incapacitated and continue until your death.

What Is a General Power of Attorney?

When you are unavailable to sign a legal document, you may create a general power of attorney, allowing another to perform the task. This type of authorization allows a temporary transfer of your legal rights to another to perform a specific task on your behalf. An example of this is signing legal documents when buying or selling a house. A general power of attorney terminates when the particular task is complete.

Putting your affairs in order before your death is crucial to ensuring your family is cared for when you are gone. However, taking care of your own needs when you may be at your most vulnerable is just as important. An estate planning lawyer can be an excellent resource for this and other end-of-life matters.

Filed Under: Uncategorized

October 17, 2020 by admin

2 Reasons to Hire a Lawyer After a Car Accident That Wasn’t Your Fault

You may feel that because the car accident you were involved in wasn’t your fault, you won’t need a lawyer. Unfortunately, you’re probably wrong. Even when an accident is caused by someone else, and often because the accident is caused by someone else, you should have a lawyer represent you. The following are just two reasons why.

1. It Can Be Confusing to Deal With the Insurance Company

When an insurance company contacts you, their sole purpose is to try to pay out as little as possible. Yes, they may admit the accident was the fault of their client, but they’ll pull out all the stops to keep that payment lower than you deserve. Perhaps they’ll insist you were partially at fault and should only receive partial compensation. Perhaps they’ll claim your injuries existed before your accident. In any case, your lawyer can help you fight those claims and get the compensation you deserve.

You could also have problems with your own insurance company. Maybe you don’t realize you can file a claim with your own insurance company for coverage through PIP for your bodily injuries. Your lawyer can help you figure out how to go about this correctly.

2. You Need to Better Understand Damages and What You’re Eligible For

There’s a possibility you have no idea what damages to seek after your car accident. Are you able to seek money to pay for damages done to your car? What about the mental anguish you’re experiencing? Your lawyer can work with you through this process to determine which damages you’re eligible for based on your situation. The following are just a few you may be able to seek.

  • Medical expenses – This includes all medical bills related to the injuries caused by your accident, including future medical expenses.
  • Pain and suffering – After being in a car accident, you will probably experience pain and suffering that doesn’t necessarily qualify under medical expenses, but still qualifies as compensatory damages.
  • Lost wages – More than likely, you’ve missed some work while you’ve been recovering from your accident. With a statement from your employer, detailing what you’ve missed, you can seek lost wages.
  • Loss of earning capacity – It’s possible you won’t be able to go back to work at all, so you can seek future wages as well due to the loss of earning capacity.
  • Punitive damages – Not every accident qualifies for this, but if the judge feels the at-fault driver was particularly negligent, you may be able to seek punitive damages.

Hiring a Lawyer to Assist in Your Case Today

As you can see, there are some important reasons to contact a lawyer after a car accident. Get in touch with a car accident lawyer, like the offices of MartinWren, P.C., to learn more about handling these situations.

Filed Under: Uncategorized Tagged With: car accident lawyer

June 1, 2015 by admin

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