Category Archives: Legal & Counselling

What You Should Do if You Get Arrested in Utah

man arrestedBeing arrested could be traumatic for anyone, regardless of age, gender, nationality, and social standing. If you get arrested, it’s understandable to feel confused and scared. However, it’s crucial that you remain as focused as you can and take some necessary steps to be sure that your rights will be upheld. The first thing you should know is that the arresting officer must read the Miranda Rights to you. Note that this is not a mere formality, but a requirement.

Communicating with Law Enforcement Officers

The most vital thing you need to remember about the Miranda Rights is your “right to remain silent.” This right safeguards you from being considered a witness against yourself should you face a trial. Although you must identify yourself when the police ask you to, Matthew Jube, Attorney at Law and other renowned criminal defense attorneys in Provo noted that you’re not in any way required to tell them anything until you have spoken with your lawyer.

You would also be required to remain in police custody until your lawyer has the chance to establish bail or secure a release. Don’t attempt to escape because this would only add to your charges and reduce the chance of you getting out of police custody.

Keeping the Specific Circumstances of Your Arrest in Mind

In some instances, something might go wrong while law enforcement officers make an arrest. They might, for instance, use unnecessary force or violate your legal rights. Things like these would be crucial for your defense, so you need to be aware of everything that’s going on while you’re being arrested. If at all possible, list down everything that occurred as soon as you can on paper or on your mobile phone. If there are witnesses, make sure to list them down as well.

Getting Legal Counsel

Once you’ve provided the arresting officer with your personal details, keep in mind that you’re not legally obligated to tell them anything else, especially things that might have led to your arrest, in the absence of your attorney. You could then contact your attorney and wait for them to get to you.

Working with an experienced criminal defense attorney is vital because they would help you all through the interrogation, plea-bargaining, bail hearings, and anything related to your case.

Legal Consequences of Assault and Battery Offenses

Lawyer reading a book at a libraryIn the past, people would often settle their differences with fist fights. From the conventional bar altercations to young men fighting over women or what they thought was rightfully theirs, handling differences with fists was the norm. However, times have changed and rarely do now people fight without facing legal consequences.

If you are facing such charges, it is critical to engage the services of a knowledgeable criminal defense attorney in Kent.

Common punishment for assault and battery

Common assault attracts a six-month jail term on the maximum. For a first-time assault offender, a fine is the more likely form of punishment. The expected way of dealing with an assault is self-defense. However, this is a delicate issue that requires a balance between retaliation and genuine self-defense.

For instance, the power employed to defend one’s self, family or property should only be used as a last resort and shouldn’t be excessive to appear like revenge. There is a thin line between retaliation and self-defense, and it is advisable to seek the services of an experienced criminal defense lawyer to have your points eloquently articulated.

Punishment in case of severe injuries

When the physical injuries are severe, the charges for assault are more likely to border towards grievous or actual bodily harm, which carries a much more severe penalty. What is needed to prosecute you is mere evidence of recklessness or intention to cause harm.

If the magistrate court doesn’t find the six-month sentence satisfactory, it might forward the case to the crown court, which can implement a five-year sentence. It is essential to remember that some battery offenses may carry lower maximum sentences than others.

The term assault is usually wrongly interpreted to denote both common assault and battery. Criminal lawyers are sufficiently skilled and experienced to understand that each term is different. Thus, they offer proficient defense strategies to put your name in the clear. Therefore, if you are being charged with battery or assault, seek the services of experienced criminal attorneys for the best possible outcome.

Getting Divorced: Should You Stay or Leave the Family Home?

Divorce concept shotWhen it comes to getting divorced, they say moving out is one of the biggest mistakes you could ever make. There are, however, important factors to consider when deciding whether you should stay or leave during the process. It is not always easy to come up with an answer, as you need to take note of your unique situation to determine the right choice.

The best for the kids

It is best to aim for as little disruption as possible so your kids won’t have to suffer during the process. It is ideal that the children remain close to their friends, school, and childcare. It also pays to be close to your work, friends, and support network. Denver family lawyers note that having a parenting agreement can help avoid conflicts and establish parenting schedules.

Safety considerations

If you are divorcing an abusive spouse, your and your kids’ safety is of utmost importance. You may get a protective order or ask the court to order your spouse to move out. If you and your kids are at risk, leaving may be the right thing to do. Be sure to get a temporary custody order to avoid kidnapping accusations, though.

Goals or intentions

If you intend to keep the house in the future, it is ideal not to move out. You still, however, have to consider the specifics of your situation. You may still be able to get the house (as a part of the settlement) even after moving out, but it can make things more challenging in proceedings or negotiations.

Financial and future concerns

Your financial situation may play a role in making a decision, as moving out means finding and paying for a new place. If you decide to stay, note that is not a guarantee that you’ll get the house. The law requires the marital property to be divided equitably. This means the one party may be able to keep the house if the other one receives a property or money of a relative value.

If you are going through a divorce, it is best to work with a reliable family attorney. The right lawyer can help protect your rights and assist you in making decisions that can benefit your safety and your future.

Take Back Your Property with a Bailiff Company

Man lying down with boxes and papers around himFor many landlords, they might find it not easy to remove wayward tenants from their property. Some will give their landlords why they are not ready to move or to even allow you to evict them. In many cases, you need extra help to take back your property.

For many landlords, the only way their tenants would give back property is to call in a property bailiff company. MS Webb & Co. and other bailiff companies have three methods you can do to take control of the situation and regain your property.

Using IPOs

Apply for an Interim Possession Order through your County Court. Once the judge considers and grants your application, you can then ask an enforcement officer to serve the trespassers the order.

This serves as an official order for you to take back your property from those who are occupying it illegally.

Using Court Orders

Typically, court orders take longer to process than IPOs. It takes a lot of time to prepare your final order for possession against the commercial squatters in determining whether you own the property in reference rightfully.

Using Common Law

You may not require the above two court procedures should your circumstance be less complicated and the trespassers are willing to leave. In such cases, you can use Common Law for peaceful repossession of your property.

Many landlords find it hard to remove unauthorised people on their property. Familiarise yourself with all the three procedures to better understand which one to use to remove people legally and properly from your property. These three ways will help you remove people legally and most peaceably, advises a renowned bailiff company with operations all over England and Wales.

Why It’s Better to Start Mediation Sooner Than Later

co-workers angry at each otherIt’s never too late to try employment mediation. Beginning the process sooner rather than later can help all parties move quickly and inexpensively to settlement.

Here are a few reasons why it’s beneficial to begin mediation without delay.

Issues don’t resolve themselves

It’s unlikely that the problem will fix itself no matter how you wish it away. It’s always better to nip the conflict in the bud rather than let the disagreement and the negative emotions simmer. If all parties are willing to sit down and rationally tackle the issues, early employment mediation is a faster and better solution to the problems at hand.

Mediation will be more effective

Changing firmly entrenched attitudes, positions, and interests is difficult. People think and feel they have invested too much in the dispute to back down from their established positions easily. Mediation is most effective when the process begins and before positions become more entrenched.

Prompt mediation saves money and emotion

Parties who opt for lawsuits often don’t understand what going through trial entails until they have spent too much money and emotion. Some parties to lawsuits then choose mediation after they have experienced some financial and emotional drain associated with the litigation process. Choosing mediation and starting the process early on would save people from the long road of going through a trial.

Mediation helps people with a dispute sort out their differences in a way that saves time, money and stress. But for employment mediation to be effective, it’s important that the issue in question is suitable for mediation and the appointed mediator is trusted and independent. Once the conditions are right, it’s also important to start the mediation process sooner than later. There is typically no need to wait to start mediation.

Choosing the Best Immigration Lawyer for You

Immigration Law book with a judge gavel on desk It can get overwhelming when you must prepare the documentations for the immigration process of your possible move to the United States. There’s no reason to fret, though. It’s advisable for you to consider hiring an attorney experienced in this process to make every step of the way easy and less stressful.

Why do you need an immigration lawyer?

Buhler Thomas Law, P.C. explains that it’s important to get the best possible immigration lawyers in Utah County (or wherever you live) for your needs. Many people think that it’s possible to handle the immigration process on their own, but these professionals can make the process smoother for you.

Immigration lawyers are aware of the prevailing immigration laws and are therefore able to guide you in the right direction. They can provide all the legal assistance you require and help with your immigration case if ever it becomes complicated.

Choosing the right immigration lawyer

  • Ask around and talk to family and co-workers about your requirements. Even if they have not been through the immigration process, they might be able to give you references. They can guide you to find an immigration lawyer that suits your needs.
  • Many accredited websites can give you a list of practicing immigration lawyers. Hiring a professional from there will ensure that the lawyer you hire is aware of the immigration policies and law.
  • Make a short list of your preferred lawyers and then talk to them one by one to check if they meet your specific needs. Immigration law is a specialty, so it’s important to pick a lawyer who’s familiar with this subject. Ask them about their previous clients and use these contacts to get a better perspective of their mode of functioning
  • Compare the costs and services of the shortlisted lawyers, before finalizing one of them for your immigration case.

Once you feel that you have found the right attorney for you, sign a contract with them for their services right away.

Your Company Filed Bankruptcy? Here’s What You Should Do

Bankruptcy service on a keyboardWhen a business files a Chapter 7 bankruptcy, many employees think that they are left with nothing and just have to accept the bitter ending of their company. This isn’t true. There are laws that secure businesses and their employees during bankruptcy. Here’s what you can do with this situation:

Determine period of closure

As an employee, you have the right to know when business is closing down. If the company has over 100 employees, it must comply with the Worker Adjustment and Retraining Notification Act (WARN Act), a labor law that requires companies to provide 60 days of notice before the company shuts down. Small businesses must comply with this as well, but the period of closure depends on its addressing state.

File a proof of claim

The U.S. Bankruptcy Code states that employees are still entitled to receiving wages despite bankruptcy. By filing a proof of claim, workers have the right to receive their remaining salary, unpaid health insurance claims, and not reimbursed expenses. You can download a proof of claim form from the U.S. Courts website. This should answer and submit to a bankruptcy court together with supporting documents, such as promissory notes, invoices, contracts, and salary records.

Check health and pension benefits

A bankruptcy attorney from West Jordan, Utah says that the Employee Retirement Income Security Act (ERISA) safeguards the pension benefits employees have earned during the course of their employment in a company. Check your health and pension benefits through the Department of Labor to secure the points you have worked for before the company’s bankruptcy.

Seek legal representation

Employees have their own rights when experiencing bankruptcy, which entails lots of paperwork. Due to this, it’s only ideal to seek legal representation, especially when filing a claim in court. Hire a bankruptcy lawyer that can give you the best advice on unpaid wages and unclaimed benefits.

Bankruptcy is a sad way to say goodbye to a company. Despite the situation, it is essential to receive what you’ve worked for through proper documentation and legal representation.

Are Online Paralegal Degrees Right for You?

Closeup of blue e-learning button on the keyboard Are you aiming for a professional job in the paralegal world? If so, then you must undertake rigorous studies regarding the laws and paralegal concepts. But what if you lack the time or resources to attend a university for an associate paralegal degree? Does it mean you aren’t capable of becoming the professional paralegal assistant you wanted to be?

There are ways to get that much-coveted paralegal associate degree you’re eyeing. You may want to consider online paralegal degrees if you’re having a hard time attending live classroom sessions. The Center For Legal Studies shares some insights to help you find out if an online course is the best option for you.

The Difference between Online Paralegal Degrees and Live University Courses

In terms of curriculum offerings, live classes and online paralegal degrees have no difference at all. You have the opportunity to study various law-related subjects that will become relevant once you take a professional paralegal job.

The only difference between the two learning modes is that online paralegal degrees don’t require face-to-face interaction with professors and fellow learners. You simply need to have online access in order to study.

Just like in classrooms sessions, you will be able to participate in lectures and exams. All you need is a steady Internet connection and a computer, laptop, or tablet. You can even talk to your teachers and discuss concepts with your fellow online classmates.

The time frame needed to graduate is similar to university-based study length. You can get your diploma after two years for associate programs, and four years for bachelor’s degree programs.

Is an Online Degree Right for You?

An online paralegal course is a good option if you are a dedicated student who can study on your own pace and have the discipline to do so. If you dislike the hassle of going to a university and getting settled inside a classroom, then online learning could work for you.

If you’re currently working in either single or multiple part-time jobs, then consider online paralegal studies. Enrolling in an online course helps you manage your time and aids you in studying despite the busy work schedules you hold.

If you’re tied up to home care responsibilities or are currently taking care of children, online learning is perfect for you. You can manage your housekeeping responsibilities and squeeze in some time to study at your preferred hours.

And if you’re living overseas and are interested in studying at a university far from your location, ask if they offer online courses. Distance learning has never been this easy. You get to be a part of your chosen university even if you’re living hundreds of miles away.

Paralegal studies are easily accessible nowadays. Use your good judgment to determine if your current situation and goals call for an online course. Keep in mind that online learning is as effective as classroom learning if you set your mind on achieving your objectives.

Inflation in Divorce: Avoid Making the Whole Process More Expensive

Divorce Lawyer With His ClientsEnding a marriage can be costly, and this especially true if you let emotions take you over and you make rushed decisions. Saying “yes” or agreeing on things that you fully don’t understand to speed up the process can cost you more in the future. This is why it is always best to consult professionals like a divorce lawyer or a financial advisor.

Family law attorneys in Denver, Colorado share a few recommendations to avoid making your divorce more expensive:

Aiming for a Possible Fair Split

When it comes to property division, it is common that you and your spouse will have a different view on what is considered fair. It is not advisable to take a hold of almost everything, just because your spouse cheated on you. The same is also true for agreeing on 60/40 division (in favor of the other party) because you feel bad about your divorce.

Dividing Retirement Assets

If you and your spouse have money in retirement accounts, you will have to divide all related assets. The truth is, you can easily do this if you (and your spouse) report all accurate information to all involved parties and if you do your homework. It is still best, however, to hire an expert, especially if there is a large amount of money involved.

Seeking Reconciliation the Wrong Way

Divorce can be heartbreaking for kids, but you shouldn’t try to make them feel good by buying them gadgets and toys. Spending a lot of money to seek reconciliation is not the right the way to go. This is especially true if you need to take in debt just to buy them things they probably don’t like. It is much better to help them adjust to their new life.

It is fine to aim for fairness or a perfectly fair split, but note this is not always possible in most cases. If the other party, gets the custody of a certain item that you like, don’t go overboard or spend too much just to take it away from them. Your spouse may have something that you love, but it is also likely that you may have something amazing that your spouse may want too. Get legal help to make informed decisions.

Fish Sandwich with Fries

Woman Loses Job at Burger King for “Stealing” Food

Fish Sandwich with FriesWhen you thought you’re having a bad day at work, a woman who worked at a Burger King restaurant in Canada had an even worse experience.

Usha Ram lost her job at the food chain’s local franchise in Vancouver, British Columbia, two days after Christmas of 2013 after working there for 24 years. The owner accused her of stealing food worth $1. Janif Mohammed contested that Ram took home a meal combo consisting of a fish sandwich, a drink, and french fries.

Big Misunderstanding

Ram refuted the claims and said that the manager on duty at that time, Yayyaba Salman, gave her permission to pack the food and bring it home without paying for them because she left her wallet at home. However, Salman testified in court that he thought Ram would only take the sandwich.

He waited a week for Ram to pay for the food, but the latter was unable to do so that led the manager to raise the issue to Mohammed. Despite offering to pay for the food, the owner still decided to fire her.

Communication Barrier

B.C. Supreme Court Justice Lisa Warren ruled in favour of Ram and awarded $46,000 in her name. The ruling stated that the owner failed to assess the situation thoroughly before making decisions, arguing that it was unnecessary on the pretext that employees should be aware that the management would not tolerate those taking food without permission.

I.R.Thompson Associates Ltd and other experts say that wrongful termination isn’t exclusive to one country. It happens in other countries too, like New Zealand where it’s ideal to be familiar with the employment law. NZ Government’s website, for instance, states that you may file a personal grievance against your employer within 90 days after you were fired and only if you’re no longer under a three-month trial period.

Being familiar with labour laws help because it protects your rights as an employee. If you feel your termination is invalid and you’re unsure what to do, seeking professional advice will help your case.