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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

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