December 18, 2020
When you are charged with a criminal offense you may be asked to appear in court. Usually the first appearance is called an “arraignment.” While many people have been charged with criminal offenses, they may not understand what an arraignment is. Appearing in court can be new for many people, and for that reason it could be very confusing and intimidating. This is why it is always advised to contact a criminal defense attorney to get a better understanding of what is going on with your case and what your legal options are.
Going to Court
In some cases you may be given a ticket or a citation. That citation will tell you what you are being charged with and when your court date is. In many cases the court date is not the next weekend. Often it is around a month away. Either way, this is called the arraignment. It is the prosecution’s job to prove your guilt so you do not have to admit any guilt. The best thing to do is tell the judge you are not guilty. This will buy you time to stop around for an attorney, get another court date, and discuss your legal options to build a defense.
Every Case Is Different
Every criminal case is different and every stipulation depends on the extent of the criminal offense. Although you may say you are not guilty, the judge may give you stipulations until the next court date. Depending on the charges, you may be forced to stay in jail or in custody at home. If it is a domestic violence incident, a judge may say you are not to be in contact with the other party. Every case is different and therefore every outcome can be different as well.
Speak to a Lawyer
This is why it is best to speak with an attorney, like a criminal defense attorney from Andrew R. Lynch, P.C., as soon as possible. While your arraignment may be scheduled over 30 days away from the incident date, do not wait until the last minute. While you wait for your court date, you may already begin the process of working on your defense or even submitting a plea. If you or someone you know is currently facing criminal charges, speak with a lawyer in your area to get advice on what to do next.
November 28, 2020
Personal Injury Lawyer
Getting married is often one of the best events of your life, and you don’t want to think about what would happen if it didn’t work out. Most people get married, intending it to last until “death do you part,” so a prenuptial agreement may not be something they’d consider. While they’ve been around for many thousands of years, not every couple gets a prenuptial agreement. Should you?
Prenuptial Agreement Benefits
You don’t want your marriage to end up in divorce, but you should also prepare for the worst case scenario when you get married. Some benefits of a prenuptial agreement include:
- Forcing the couple to examine certain financial matters before they enter into the marriage.
- Allowing family ties to be preserved and inheritances to stay intact.
- Protecting children from a previous marriage or relationship.
- Putting all expectations on the table before sealing the deal with a legal marriage.
- Learning more about your spouse’s desires and expectations for the marriage, as well as how he or she would handle separation or divorce.
- Allowing the couple to avoid battles and arguments over commonly fought over issues during other divorce proceedings.
- Protecting personal assets accumulated before the marriage.
- Determining which assets each spouse would leave to children or each other if one of them dies.
Prenuptial Agreement Pitfalls
Not every couple signs a prenuptial agreement, whether that’s due to religious beliefs or personal convictions. Some pitfalls might include:
- The appearance of planning your divorce before you even plan your wedding.
- A lack of commitment due to the benefits one might achieve through divorce.
- An unromantic and uncomfortable evening of sitting down and discussing divorce when a couple is often in the midst of the most romantic period of their lives together.
- The possibility the prenuptial agreement would be set aside due to fraud, unfairness, duress or other issues.
- The cause of contention and resentment that lasts throughout the marriage.
- Always having the terms and conditions in the back of your mind, even when the marriage is seemingly happy.
Hiring a Family Lawyer To Help
If you’re engaged to be married, this might be a wonderful time for you. Whether you or your future spouse want a prenuptial agreement, you have to both agree on whether it’s right or wrong for you as a couple. When you’re ready to get started, or if you want to learn more, contact a local divorce lawyer in New York, NY, like the Kleyman Law Firm to help you make those important decisions.
November 2, 2020
Personal Injury Lawyer
Getting divorced is a complex process that takes time. How long it takes in your case depends on many factors. In some cases, you may get through the process in as little as 3 months, but it can take 10 to 11 months in others. Some divorce cases have taken five or more years to resolve, but those cases are rare. Some of the factors that determine how long your divorce takes to resolve are out of your control. You just have to wait for the courts to get your paperwork through the process. Here are some things to consider.
An Uncontested Divorce
If you and your spouse agree on most things about your divorce, you may be able to file the paperwork and get your divorce finalized pretty quick. This depends on waiting periods in your state and how long it takes to bring your case before the judge. Some states have waiting periods that mandate you have to wait six months or some other time frame before your divorce can be signed off. If the courts are backlogged, it may take longer.
Mediation and a Divorce
If you and your spouse can work through your issues with a neutral third party to resolve some of the stickier issues, you may have a better time line than waiting for the court to decide the issues. When both parties want to resolve their problems, mediation can help you find solutions you might not consider on your own. The mediator drafts the resolution and may even file the paperwork. Then, you’re just waiting on the court.
Divorces in which the parties can’t agree will take the longest. In some cases, you may ask that an arbitrator hear your case to deal with specific issues. In most cases, an arbitrator is a retired judge or family law attorney who can hear your sides then make a decision as part of your divorce. Alternatively, you could let your attorney negotiate with your spouse’s attorney to resolve the various issues. If the divorce is so contentious, you can always let the judge make a ruling. These types of divorces tend to take the longest to resolve because you may be waiting for an appointment with an arbitrator or the court.
Ask a family law attorney, like The Mckinney Law Group about the divorce timeline in your state to find a solution for your situation. The timeline for your divorce mainly depends on how well you and your spouse can resolve the issues in your divorce.
September 25, 2020
Personal Injury Lawyer
If you suffered an injury while on the job, you could be entitled to workers’ compensation. Of course, to file, you must stay within the time limits allotted to you. Your time limit for filing a claim is dependent on the state that you live in. Some states have more relaxed regulations. For instance, in some states, your deadline may be six years from the date of the injury.
Most states require you to report an injury or illness between one and three years. There are exceptions to the time limits in most states. If you developed an illness at work and had to go into quarantine because of it, then you may have more time to report the illness.
Should You Report the Injury Right Away?
If you suffer from a sudden injury at work, you should report it to your employer as soon as possible. In most states, you have between 10 and 90 days to file a report with your employer. In some cases, you do not have to make a written report. If your employer knew about your injury, then the lack of a written report will not harm your case. The biggest priority that you should have is to inform your employer that you are injured and that the injury took place while you were at work.
What About Illnesses and Conditions That Develop Over Time?
Some illnesses and conditions may develop over time. Repetitive strain injuries, for instance, may develop over a length of time. In these cases, you may not recognize that you have an injury when the condition first develops. If you have carpal tunnel, for instance, you are most likely going to seek medical attention and need time away from work when it flares up or is serious enough to affect you. Similarly, if you come down with an illness, you may not have it when the event that caused the illness occurred. For instance, sailors who have mesothelioma did not contract it when they first were exposed to asbestos.
When it comes to workers’ compensation, you always want to file a report as quickly as possible. If you suffered an injury that affects your ability to work, then you should report it quickly. The sooner that you report it, the sooner you will receive compensation. For more information about workers’ compensation, contact a lawyer, like a workers’ compensation lawyer from Hickey & Turim, as soon as possible.
September 15, 2020
Personal injury cases can be very complex. If you’re worried about going to court to settle your case, you should understand the process. In most cases, going to trial is a last resort for both sides. A trial is more expensive for everyone involved. The circumstances of your case will determine whether you end up in court or not.
Filing an Insurance Claim Is a Private Matter
After an accident, the first step is filing an insurance claim. At this stage, there is no lawsuit involved. You submit your injuries and damages and ask for compensation. The insurance reviews your claim and decides how much they will offer, if at all. The first counter offer may not be enough money to pay for your damages. You may negotiate with the insurance company. You can also hire a lawyer to negotiate on your behalf. Once the insurance company makes its final offer, you can accept or walk away. You can appeal the decision through the insurance company’s process, which doesn’t mean you’ll go to court. Although most appeals won’t result in a better decision, it is an option.
Personal Injury Lawsuits Usually Settle Out of Court
If an appeal doesn’t yield you the result you want, you have the option to file a lawsuit with the local court. Although this puts the case in the hands of the court, it doesn’t mean that you will have to go to trial. The court tries to get you and the other party to come to an agreement before setting a trial date. You may have to enter mediation with the other party. The mediator can help you come to an agreement. You can still have your lawyer advise you. If you and the other party can’t come to an agreement after mediation, then the judge may schedule a trial.
Going to Court May Not Be in Your Best Interest
It’s estimated that 95% of all personal injury cases settle out of court. It’s not only the costs involved, but the risk is greater. You don’t have any guarantee that you’ll win in a trial. If you have been offered a settlement, at least you know that you will get some money for your damages. A settlement gets the money in your hands quicker. Going to trial can take time, months and even years.