December 18, 2020
What Is an Arraignment?
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.
December 12, 2020
4 Common Questions About Wrongful Death
When you’re in a situation in which your loved one died as a result of another’s actions, you may be beside yourself. What do you do? Where do you turn? Who can you trust? It’s not a situation you would have ever imagined yourself in, but there is something you can do about it, even if you can’t get your loved one back.
A wrongful death lawsuit is something you can file to seek compensation from the individual or entity who caused the death. The following are some questions you may want to be answered if you’re considering a wrongful death claim.
- What Is a Wrongful Death Claim?
A wrongful death claim is what the plaintiff (you) files against the defendant (the person who caused the death). The file will contain the reason for the claim, the evidence to back it up, and the damages you seek. A wrongful death claim could arise out of a fatal car accident, product liability, medical malpractice, or domestic abuse.
- Who Can File a Wrongful Death Lawsuit?
After someone wrongfully dies, there is an order of people who can file the wrongful death lawsuit. In some states, a personal representative is the only individual able to file the lawsuit, and the settlement money would go straight into the estate. In other states, immediate family members can file the lawsuit, including a spouse or children. Parents and siblings might also be able to file the lawsuit, depending on the relationship status of the deceased. Talking with a wrongful death lawyer will help you understand the laws in your state.
- What Damages Can Be Sought?
Every wrongful death situation is different and will allow for different damages to be sought. If your loved one was receiving medical care between the injury that caused the death and the time of the actual death, you may be able to seek medical expenses. If you depended on the deceased’s income to care for your family, you could seek lost wages. Funeral and burial expenses, pain and suffering, loss of consortium, and a variety of other emotional damages could also be sought.
- Who Can Be Sued for Wrongful Death?
Any person or entity who causes someone’s death can typically be sued for wrongful death. There are not many who are exempt. People and entities to be sued include drivers in a car accident, product manufacturers, property owners, truck owners, government agencies, and a wide range of others.
Getting Your Lawyer’s Assistance
To get the help you need when dealing with a wrongful death, you may want to speak with a legal professional, like a wrongful death lawyer from a law firm like Johnston Martineau, LLP. Contacting a wrongful death lawyer today for assistance will help you understand and guide you through the process of making a wrongful death claim.
November 28, 2020
Some Reasons You May or May Not Want a Prenuptial Agreement
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 to help you make those important decisions.
November 2, 2020
How Long Will It Take to Get a Divorce?
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.
Contentious Divorces
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
What Is Your Time Limit for Reporting a Workers’ Compensation Claim?
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.