Category Archives: Legal & Counselling

Officer arresting a man

3 Essential Factors to Consider in a Police Arrest

Officer arresting a manSometimes, people find themselves in unexpected situations. Among them is getting arrested. You may find yourself at the wrong place at the wrong time. Other times, it may be as a result of driving under the influence of alcohol. Either way, you need to consider possible solutions to your current situation.

1. Consider bail

Usually, all arrested people have a right to bail. The right may be revoked depending on the nature of the crime committed. Eligible parties may consider seeking assistance from the various bail bond companies in Salt Lake City, such as Beehive Bail Bonds. Upon application, the arrested party is issued with a surety bond whose purpose is to guarantee that they will always show up during court proceedings.

2. Hire a lawyer

Everyone has a right to an attorney. Upon being arrested, a person should exercise his or her right by requesting a lawyer. That should be done before the arresting police officers get to question a suspect. The aim of getting a lawyer is to receive real-time legal guidance. When present, a lawyer advises the arrested party against answering questions that may possibly incriminate them. They also ensure that the suspect’s rights are respected.

3. Record an accurate statement

Upon arrest, a person may be required to record a statement recounting the events that took place. It is in their best interest to record an accurate statement to the best of their ability. Recording a false statement may come back to weaken a person’s claim of innocence in the later stages of the case. Additionally, it is human nature to forget small details over time. As such, a detailed and accurate statement may go a long way in preserving small yet delicate details that may be the key to your freedom.

The urgency with which a person completes the steps mentioned above has a bearing on the success of their court case. As such, all arrested people must find it in their interest to hire a lawyer and identify a source for their bail.

How to Get Justice for Assault and Battery

Lawyer and client consultationBeing involved in a car crash, or incurring injury from an accident are common causes of personal injury. But many personal injury cases in Queensland also involve assault and battery. Many lawyers in Aitkenvale explain that if you suffer physical injury or pain due to someone’s negligence, you have the right to accuse and sue the offender in a court of law.

Intentional tort

Damages and injuries brought about by intentional harm, also called intentional torts, must still be proven. Before you can claim compensation, you have to file a case and follow it through. The court requires proof of damages before awarding a victim of assault and battery just compensation.

Assault is the intentional harm to a victim, while battery is the physical component. Threatening to harm someone with a knife or gun, as well as any action that places persons in reasonable fear of harm can be seen as assault. The definition of battery is offensive contact in any form and stands in court even when there is no actual injury resulting from the harmful contact.  The court considers assault and battery as consisting of greater wrongdoing—legal wrong purposefully committed. Your petition can be considered as a criminal case instead of a civil one.

Proving intent

Careless, reckless, or negligent actions may cause accidental harm. The intent to cause harm is another story. For the case to be tried as intentional tort, there is a need to prove intent. When someone has done something intentional that resulted in physical injury, there is a need to prove that the actions performed caused the victim pain and suffering. Nevertheless, there is no need to prove that the actions of the offender were directed intentionally to cause the victim harm.

You have the right to accuse a person who has done you harm and make them answer for their deeds. Consult with a personal injury law practitioner today.

Estate Planning Mistakes You Should Avoid

lawyer talking to coupleEstate plans are not exclusively for the rich; everyone has something that needs to be arranged when the inevitable happens. These are valuable assets that you will want the members of your family to have, but sometimes many people do not handle their estate plans well enough. Here are the most common estate planning mistakes people often do.

1. Not updating the plan.

In the course of a lifetime, there will be inevitable changes. People experience deaths, divorces and births. Updating your plan should include these changes but also ensures the property you leave behind is equitably shared among the intended beneficiaries.

You should update your estate plan annually or quarterly, but many estate lawyers often recommend updating it every three to five years, or when a significant life event happens. In such cases, it’s best to consult a lawyer.

2. Not planning for contingencies.

Disability, death, or any other mishap can never be avoided. When they occur, they can have a significant impact on your personal life and finances. It’s when you will need a trusted estate attorney or trustee. They can help you to make critical financial decisions but also help you care for your family even after you pass away.

3. Not hiring professionals.

In Denver, many probate attorneys offer affordable estate planning fees. They can handle your finances and property documentation, records, and other legal aspects. Not only are these professionals important in drafting a comprehensive plan, but they also provide advice on who could take care of your loved ones when you can’t.

Most people will prefer a will to an estate plan. However, a will is just a small part of an estate plan. Unlike a will, an estate plan offers full protection of your heirs and beneficiaries in case of infringement by parties outside the family circles.

Coverage of the Property (Relationships) Act

lawyer making couple sign divorce papersThe failure of a relationship is often painful. Emotions can run high. A reasonable discussion may not be easy when it comes to dividing properties. You may need a property lawyer in Wellington to help you. The lawyer may refer to The Property (Relationships) Act to advise you on what you should get.

However, your relationship should qualify under the Act to apply. Here are the types of relationships that the Act covers.

Three-year rule

If you have been together with the same person for a minimum of three years, you can have an equal share in some properties. These include the home you shared, cars, appliances, and furniture. You do not have to be married to fall under the Act’s coverage. People in a civil union or a de facto relationship will also qualify.

A couple in a de facto relationship lives together in a domestic arrangement without formalising it with the civil authorities. You both need to be at least 18 years old. You can be of the same or opposite sex.

Recognised couples

People who have been married or in a civil union for less than three years also fall under the rules of the act. However, it may not be equal sharing. In some cases, the division of the property may be according to how much each partner put into the relationship. There are no hard and fast rules in these cases. It is up to your lawyer to present your case so that you get a fair share of the property.

De facto couples

The Act does not usually cover a couple in a de facto relationship for less than three years, except in rare cases. You can simply agree on how you should do it. If that is not working for you, you can use other property rules to divide the properties.

You do not need a property lawyer if you and your partner can agree on how to divide properties when a relationship ends. But this is not usually the case. You need a lawyer to help you get your fair share of the property you own together.

3 Ways to Succeed in Law School 


woman reading a book in the library Many legal professionals today are successful because of their dedication and hard work. They have spent most of their time studying. As a law student, you should know by now that you’re about to do the same.

Thanks to modern technology, online courses are now available. This gives you easy access to various lesson plans and pointers. Some even offer live lectures for legal training and common laws around the world. Consider enrolling in a school that offers employment law certificate courses.

Here are some key pointers on how to succeed in law school:

  1. Prepare Before You Arrive

Attending a law school can be stressful, especially for freshmen. It requires a higher level of competence and diligence compared to other college courses. You may need to adjust your routine to keep up with the massive workload you will encounter. Start with developing a method on how to outline the academic curriculum.

  1. Have a Strong Start

The first two years are crucial for every law student. That is why most of them hire summer associates to keep them on track. In addition, most law schools today evaluate the first-year grades. This should validate your eligibility for bar review, law journals, and moot court.

  1. Ace Your Exams

There is nothing more important for every law student than getting a high grade with their exams. Keep in mind that your final exam covers most of your grades. On an average, these written tests may take about three to four hours and are usually given at the end of the semester. The best way to prepare for this is to enroll for school-accredited review classes.

While attending a law school can be draining, you should also take a break from time to time. Have some fun with your friends whenever you feel suffocated by all the workload.

Deviations From the Statute of Limitations in Wrongful Death Lawsuits

lawsuit formLosing a loved one is hard and tragic, more so if it is unexpected. It is even more devastating if the death is from the negligence of someone who owed him or her a duty of care. As you bury your loved one, you should start wrongful death proceedings against the person responsible for the death.

This lawsuit has a statute of limitation that governs the time frame for its filing. The law differs among states, but there are specific exceptions to it. In these circumstances, a wrongful death lawyer here in Los Angeles will advise you to file the case even if the specified time has passed.

Here are the exceptions to the statute of limitation in wrongful death cases.

Discovery

Most causes of sudden deaths are not immediately apparent. There are times the cause of death is discovered to be someone’s neglect after the time limit of the statute of limitation. In this case, the discovery allows you to pursue a wrongful death case regardless of the time that has passed.

Minors

The law allows the dependents of the deceased to file a wrongful death case. But in cases where the dependents are minors, this might not be possible. Particular rules allow a minor to bring a wrongful death case of a grandparent or parent up to 24 months after he or she turns eighteen.

Extensions

Motions seeking to ignore the statute of limitation are typically unsuccessful. You can, however, apply to stay the statute period. This is a means of extending the timeframe in case a different entity is causing your case’s delay.

Typical examples include records personnel looking for files and ongoing investigations.

You should not give up on pursuing a wrongful death case in the belief that it is time-barred. Get a lawyer to assess the specifics of your case and advise you accordingly. With good legal representation, you can win your lawsuit regardless of the time that has passed since the death.

Gavel on Law Book

Basic Things You Need to Know about Criminal Sentences in Washington State

Gavel on Law BookWhen facing serious allegations in Lynwood or any other location in the U.S., it’s advisable to hire a seasoned criminal defense lawyer. Find a professional who has the expertise and a wealth of experience to represent you. Other than checking the credentials, you should determine if you’ll be comfortable working with the attorney.

By now, you should know that criminal cases could mean big penalties and put you in prison if proven guilty. Here’s a brief discussion on Washington felony crimes by class and sentences

Misdemeanor and Felony

In Washington State, there are two main categories for criminal penalties: misdemeanors and felonies. Generally, misdemeanor cases should be filed in the District and Municipal Court. On the other hand, the Superior Court covers the felony crimes.

Misdemeanor Penalties

You can classify the penalties to either simple or gross misdemeanors. Usually, a person can be sentenced up to 90-days jail time and around $1000 fine for a simple misdemeanor. For gross demeanor, a person can be sentenced up to 364 days in jail and around $5000 fine.

Felony Penalties

Felony crimes can be classified into three subgroups: Class A, Class B, and Class C. Each group has certain maximum penalties. For Class A Felonies, the defendant can serve life imprisonment with up to $50,000 fine. The defendant charged with Class B Felony can face up to 10 years in prison with up to $20,000 fine. For Class C Felonies, the defendant can serve up to five years in prison and pay up to $10,000 fine.

Take note, however, that penalties may increase due to the severity of the offense and the criminal history of the defendant.

While facing these criminal cases can be threatening for most of the accused, the best thing you can do is cooperate with your lawyer. Start discussing your legal actions and provide documents or the witnesses’ statements that can help you with your case.

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.