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Archive for the ‘Legal/Law’ Category

Tips To Choose a DUI Lawyer in Flint, Michigan

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If you are ever charged with a drunk driving offense, it is recommended that you find a good Flint DUI lawyer to represent you. It is foolhardy to try and represent yourself in court, and is never the best option, whether you believe yourself guilty or innocent.

A professional lawyer knows exactly how to handle cases and can help you recover both from the lawsuit as well as give you professional help to regain your license (you’ll need a drivers license attorney), career and future after being affected by a DUI case.

There are a variety of things you should look at before choosing a DUI lawyer, here are some major tips:

1.Type of Lawyer

There are various types of lawyers including: DUI lawyers, Drivers license lawyers, discount lawyers, general practitioners, public defenders, dui and criminal attorneys.

We would advise that you don’t select a discount lawyer or a general practitioner to help defend you in court this is primarily because these lawyers lack both the experience and expertise to represent you in court and get you a favorable verdict.

Public Defenders are a great choice if you are on a budget but, if you really want the best, we would recommend you go for a DUI or Criminal Lawyer who specializes in Drunken Driving abuse cases. Specialized DUI and Criminal Lawyers are extremely expensive, but can help you get a favorable verdict in court.

2. Recognition & Affiliation

When you choose a lawyer to represent you, it is critical that you understand if they are recognized by the local and state bar associations.

It is also useful to inquire if they are active members of the bar associations; if they are specialized DUI or Criminal Attorneys, you need to check to see if they are members of the National Association of Criminal Defense Lawyers and the National College for DUI Defense.

3. Win / Loss Ratio

With hiring any lawyer, it is important to check their win vs. loss ratio and find out how many of their cases actually make it court. Several lawyers only have as low as 10% of their cases making it to court, you should be careful to select the right lawyer who will help you get the right plea bargain.

4. Check as many sources as you can!

While a lot of people still use the Yellowpages and others use search engines, it is important to call up and inquire with as many lawyers as you can.

In most cases, several lawyers who have had a lot of time in the courtrooms and understand the judges very well don’t advertise online or in the Yellowbook. You might have to do extensive research, ask each lawyer for a free consultation before zero-ing on a lawyer to represent you.

Written by chamiers

September 22nd, 2011 at 10:07 pm

Posted in Legal/Law

Personal Injury Litigation Stages

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If you have been injured and are considering filing a personal injury lawsuit in Columbus, Ohio, you may be thinking about hiring a Columbus personal injury attorney, and wondering what you can expect during the lawsuit. There are a number of stages in a personal injury lawsuit and the stages will begin the moment you are injured and end with the final court decision in your favor. It is extremely important to hire an experienced Columbus personal injury lawyer.

Sending the demand letter

Your lawyer/attorney will send a letter to the guilty party that is responsible for your injuries as well as to his/her insurance company if they have one. In the letter, your attorney will describe the minute details of the case along with the fact that you are requesting compensation and a decided time frame to settle the matter.

Filing of the actual lawsuit

If the guilty party has ignored the demand letter, or has decided not to settle the case, the attorney will file the paperwork to take the case to court. This particular stage will involve a lot of legal paperwork as well as involvement of a third party- called a process server- that will present the legal paperwork to the other party in the case. Typically a tiny frame is given for the other party to respond (maybe a month or less). Depending on the result of the case, your case will move into the next stage of the personal injury litigation.

Discovery Stage

This stage is where the parties have a chance to get relevant information related to the case to prepare their respective legal portions irrespective of whether they are the plaintiff or the defendant.

Pre-Trial Motions

The most common pretrial motions include motions in which a particular party requests that sections of evidence be excluded from trial, motions for summary judgments in which a party asks the court to find for that party since there are no issues of material fact in the case and the victim is entitled to the judgment based on unbiased facts and motions to dismiss.

Settlement

These negotiations can occur at any time before a verdict is desired. A case is closed after a settlement is agreed upon.

Trial

This is the basically the time during both sides present evidence. The plaintiff attempts to prove that the defendant committed each element of a legal violation and that the plaintiff deserves some form of compensation. The defendant tries to negate all the charges and weasel his way out of paying for the damages.

Verdict

At the end of the trial, the judge listens to both sides and comes to a decision.

Written by chamiers

September 22nd, 2011 at 4:48 am

Posted in Legal/Law

Investment Fraud: Do You Have A Case?

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Consumers do not only invest money in traditional offerings like commodities, bonds, and stocks; they also invest in less traditional offerings. While standard securities are governed by both CFTC (Commodities Futures Trading Commission) and the SEC (Securities and Exchange Commission), non-traditional offerings may either lie outside the jurisdiction of both the CFTC and the SEC or fall under the jurisdiction that is shared with FTC. These offerings are well within the law, though they operate differently than stocks and bonds and often have a more volatile behavior. These non-traditional offerings include precious metals, rare coins, and art. However, scam artists have taken thousands of dollars from consumers by selling these types of investments, and if certain unlawful practices took place, you may have a case of investment fraud. While only an experienced New York lawyer knows all of the complexities of the law, below are some guidelines to see if you have a case.

Some of the things you should do before filing a lawsuit are:

* Determine if your loss was due to a fraud. Did a smooth-talking professional scam-artist mislead you? Was more in line with a Ponzi scheme (where the broker takes your money to reward previous “investors”, and rewards you with future investors’ money, telling the victims that their “funds” are doing very well)?
* Other examples of fraud include:
o Doctoring of documents, fact sheets or other information to make stocks or funds appear more attractive then they truly are.
o Seller makes unauthorized transactions on your portfolio.
o Your broker fails to follow instructions given by you when it comes to either buying or selling investments.
o Your broker invests your money in unsuitable stocks without asking your permission so that he is benefited.

There are two types of lawsuits involved in investment fraud, class action investment fraudlawsuits and independent investment fraud lawsuits.

An independent investment fraud lawsuits are when you file an individual lawsuit against those responsible for the fraud. In such a lawsuit, an investment fraud lawyer represents your case on your behalf in a court of law. In such lawsuits you can get the advantage of a jury trial, and complete discovery of the misconduct is possible. There is less assurance of success, as you will alone be facing your opposition, as opposed to a class action suite, where many people sue at once, providing much more proof of misconduct.

Class Action Investment Fraud Lawsuits is one in which you can join with other plaintiffs to file a lawsuit against those responsible for the fraud. This kind of lawsuit will both lower the legal expenses that you have to bear as well as maximize the possible settlement you will get.

As with any lawsuit you should hire an experienced investment fraud lawyer to handle your case. For a case requiring a New York lawyer, the author recommends iLawyer.com to assist you in finding the best legal counsel for your case. They also represent California, Connecticut, Houston, Kentucky, Southern Indiana, and New York City lawyers.

Written by chamiers

September 21st, 2011 at 12:10 am

Posted in Legal/Law

Choose Best Tenant Dispute Lawyer

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When managing or renting a property, there is nothing more aggravating nor time-consuming as a tenant or landlord who is not abiding by the rental lease you had previously agreed to.

Whether a tenant is not paying rent on time or not following your rules of the lease, or if your landlord is abusing your renter’s rights, it can be a headache to get compensation without an attorney.

Only a professional landlord/tenant attorney can help you to navigate these tricky waters, and ensure your rights and wages are protected. Here are simple steps to take to get best the best New Jersey landlord tenant lawyer for your needs.

1. Begin Early:
Start your search for a good lawyer as early as possible. When you have concrete proof that your rights or terms of your contract have been violated, and the other party refuses to cooperate in correcting the matter, you should start looking for an attorney.

2. Speak To Friends & Relatives:
Filter your search by talking to friends and relatives who have been in your situation before. Learn from their pitfalls, and find out which lawyer they worked with. There is nothing like the personal experience of person who is close to you and whom you can trust.

3. Look for Referrals and Experience:
Do the lawyers you have shortlisted have the requisite knowledge and experience? Have they handled tenant/landlord disputes before? Do they have enough knowledge of the local rules and laws? Bar associations are the best places to get this information. Sites such as FindLaw.com or LegalConnection.com may guide you in the beginning part of your search.

4. Check Online:
Once you have shortlisted a few attorneys, go online and research each one of them. Find as many details as you can, and make notes. Their background, specialties, contact details and even their fees may be available on the Net.

5. Call And Interview:
This is a two part process. In the first part, call each of the shortlisted lawyers and speak to them directly. Explain your requirements and see how they respond. Ask about fees and other relevant details. Make notes.

After phone conversations with all the shortlisted lawyers, cut the shortlist down to a just a few lawyers. Ask for personal meetings and go through the interview process again.
In these interviews there are some points you have to keep in mind. Ask for fees and payment schedule. Ask for client references you can call and speak to. Look for conflicts of interest. As a tenant, you don’t want your prospective lawyer to have worked for a landlord business organization, or for tenant rights avocation groups if you’re a landlord.

6. Go To The Net again:
After a further short-listing, search for the lawyer’s name on the Net and read all comments, blogs and other sites where his/her name appears. If there are any negative comments, participate or write to the original commenter. If possible, get his number and see if you can talk to him/her. Remember, the Internet is anonymous, and there could be competitors who could post negatively just to hackle a good lawyer.

7. Agreement:
Ask your chosen lawyer for an agreement. Read it carefully, ask for clarifications, and once satisfied, sign the agreement. Whatever you expect the lawyer to do for you must be mentioned clearly in the agreement.

Written by chamiers

September 19th, 2011 at 10:39 pm

Posted in Legal/Law

Drunk Driving Penalties in Santa Barbara

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When it comes to drunk driving, Santa Barbara is not a place to hold back from handing out some of the most severe of punishments. In Santa Barbara County, there are almost 3000 arrests made every year for drunk driving, the majority of which are male drivers.

If a traffic officer pulls you over on the suspicion of drunk driving, Santa Barbara police usually start by performing a field sobriety test. This involves asking a series of questions to determine the exact measure of your intoxication via a portable breath test, or “breathalyzer”. Irrespective of whether you have had one drink or ten, don’t expect the cops to go easy on you, as California, as well as Santa Barbara, have a zero tolerance policy on Santa Barbara DUI charges.

Although nobody goes out looking for a DUI, too many find themselves in this situation often, and those facing these charges must be wary. Santa Barbara DUI/DWI law enforcement is a serious matter, and there is a 92% conviction rate for Santa Barbara DUI charges. The drunk driving penalties in Santa Barbara are largely based on the number of times the person has been found guilty of a DUI.

If the person is 21 years and older, he can expect the following drunk driving penalties in Santa Barbara (the below penalties do not include the substantial monetary penalties that are also included in a guilty sentence!):

First Offense

If found guilty of a first offense, the person’s license can be suspended for six months and be subject to 48 hours of jail time or community if t he/she exceeds a blood alcohol level of .08. If the person refuses the chemical test, they may be charged with refusal to take a blood alcohol test, which has its own penalties.

Second Offense

If the person’s second offense occurs within ten years of their prior offense and he submitted to a chemical test, the license penalty will be a two year suspension, along with 96 hours of jail time or community service.

Third Offense

If the third offense occurs within ten of the prior offense and the person submitted to a chemical test, their license will be suspended for three years, and 120 days of jail time, house arrest, or rehabilitation.

Fourth Offense

The fourth DUI offense may be considered a felony DUI. The punishment a fourth DUI includes up to three years in state prison, permanent loss of license and more.

Written by chamiers

September 19th, 2011 at 2:25 am

Posted in Legal/Law

The Difference Between Criminal and Civil Litigation

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The word “lawsuit” can also be called by a term known as litigation. In the United States, lawsuits are differentiated into two different categories: Civil and Criminal.

Civil Litigation:

Civil litigation generally applies to individuals, businesses or organizations seeking a remedy or relief from an opponent or another party. In most instances, the objective of civil litigation is for the affected party to be compensated monetarily. However, there are certain instances when the court will order the losing party to compensate or perform in a particular way to provide a specific service or benefit. An example of case subjects that fall under the civil law category are contract disputes, personal injury claims and divorce petitions.

The individual or party bringing the case to the court is typically referred to as plaintiff and the person being sued is the defendant. However, in family court, these terms get substituted with Petitioner and Respondent, respectively.

Under most circumstances, the proof that would usually be taken into consideration in civil litigation is the standard preponderance of the evidence, where winning the case will require that it be more probably than not that the plaintiff’s claim is valid. There are a few other types of civil suits in which a marginally higher standard of proof known as clear and convincing evidence, where a guilty verdict will only be given when the plaintiff’s case is much more likely than not to be in the right.

A cross-claim can also be made and third-parties can also be brought into the existing lawsuit. Third-parties can be brought into family law actions, mainly in a disputed paternity case, apart from personal injury cases.

Criminal Litigation:

Criminal litigation, on the other hand, deals with crimes that are committed against the society or the people. The case would be brought to the court’s notice with the help of a district attorney or the prosecutor, to punish a person or organization for the accused criminal act. The defendant would be represented by a San Francisco bay area criminal attorney. If the individual or the opposing party (defendant/s) are found guilty, they will be convicted and be forced to undergo a punishment. The punishment will generally comprise of monetary fines, restitution, supervised probation, rehabilitation, or prison/jail time. Only on few instances and in some states, will the accused be punished to execution.

In the United States, if a person is convicted for a criminal offense, only the highest legal standard of proof, beyond a reasonable doubt, will lead to a conviction. As it sounds, only evidence convincing the judge or jury “without a shadow of a doubt” of guilt will lead to conviction.

A cross-claim cannot be brought into action by third-parties. Instead, a new case can be filed in case another party is to be charged with the crime or if it is found that the other party is involved with the crime.

The procedural rules for both the civil and criminal litigations are known to vary from state to state, and need to be followed in due accordance. By hiring an experienced lawyer, you can be rest assured that your case will be handled according to those rules.

  • The author recommends San Francisco bay area criminal attorney Rafael Trujillo for any legal needs in the greater bay area.
  • Click here if you need legal counsel or a San Francisco possession attorney.

Written by chamiers

September 13th, 2011 at 11:52 pm

Posted in Legal/Law

Tips in a Employment Paralegal Interview

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The second step in acquiring the paralegal job is meeting the capability employer for an interview. The first step that a legal assistant has efficiently completed was sending your software program and passing the tests technique from the lawfirm.

The law firm got the resume through numerous sources that may be from an ad that was posted, a referral from another practice or a headhunter, or by somebody who simply submitted an software program by logging on the company’s website.

Here are a few tips that will assist in with a successful interview;

Before going to an interview, it’s finest to do some look for about the law firm 1 is applying to.

It can be finest to process with a friend or household member mock up questions how the lawyers will likely ask so you don’t choke during the genuine interview.

When you go for an interview, it’s finest to usually occur 10 to 15 minutes previous to time. This shows attorneys how the person is punctual and serves like a great attribute inside a capability employee.

When meeting an employer, you ought to bring an additional copy from the resume and other documents which are required if asked specific questions. A great illustration is paralegals and legal assistants who are professionals within the respective fields who have a portfolio from the litigation assist jobs done which may perhaps impress the interviewer.

It is usually finest to dress appropriately. This shows the employer sincerity on the part from the applicant applying for ones paralegal job. One must have finger-nails and hair well groomed for ones interview. The outfit worn ought to be professional. This would mean that shoes ought to be used to match the outfit. If you usually wear a lot of jewelry, you’ll want to get rid of and tone it down for ones interview.

When you might be in front from the employer, smile and greet the interviewer with a company (but not bone crushing) handshake that’s usually a great begin to acquire the job interview moving.

During the course from the interview, listen really well towards questions asked. Each ought to be answered truthfully and confidently so that you can sell yourself towards capability employer.

Afterwards, the applicant should thank the recruiter for ones time that was given to meet for ones interview.

Written by bogart

January 18th, 2011 at 11:32 pm

Posted in Legal/Law

Fighting for the Right to Live Healthy: on Asbestosis Lawyer

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Contact to asbestos could cause serious illness such as Asbestosis.

Asbestosis legal representative with a lot of experience in asbestosis-related lawsuits should be considered in choosing for a personal injury lawyer. A strong history of winning large settlements and representing plaintiffs is what an individual needs for this kind of lawyer.

To be able to properly represent the case effectively and understand the dangers of asbestos exposure should be some of the requirements an individual’s asbestosis lawyer. Looking or sorting for attorneys with asbestosis experience should be done next once an individual is finished in listing qualified lawyers.

Cases relating to asbestos-linked lung cancer, mesothelioma and asbestosis experiences in the profiles of some legal representatives should always be noted. The information of outcomes of past cases should be presented and be provided by the lawyers themselves.

However, past settlement amounts and victorious legal cases of should not be a necessity because each case is by nature unique and would not be an indicative of the outcome of a specific asbestos-related case. In a nutshell, asbestos is a commercially used mineral that is applied for a lot of industrial practical applications.

Exposure or prolonged contact with this compound could be lethal for humans in the process.

Written by kim

October 11th, 2010 at 11:40 pm

Posted in Legal/Law

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Paralegal Job

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Paralegal has no single definition but those who are in legal communities know that responsibilities for paralegal job are incredibly crucial.

So what are the principal responsibilities in a Paralegal job?

Basically a paralegal job is to assists lawyers. Thee job involves of exact same significant tasks how the lawyers perform. The lawyers sometimes delegate some of the responsibilities to paralegals in order to save time.

The job may includes many significant parts like taking information from clients, preparing for closings and hearings, trails, and participating in corporate meetings. Paralegal jobs may also include legal investigation of cases, interviewing clients, identifying correct laws, legal research, and carry out other legal responsibilities to a case.

Paralegal job may sounds similar to that of the lawyers job but you will discover differences among these 2 entities.

Today in legal practice the paralegal jobs are being much more and much more active simply because they are being similar to that job a lawyer’s job but some tasks can only be done by approval in the lawyers. For example, the paralegal can’t set legal fees, give legal advice and provide case in court of law.

Employment Prospects

Normally paralegal jobs need working for 40 hours per week. Seven out of ten paralegal jobs in law corporations whereas the rest jobs in numerous legal department and federal government agencies. Depending over a firms, some paralegal works throughout the year whereas some works over a temporary basis. Some paralegals are also released from their jobs once the case is finished.

Paralegals can fit into any aspect of corporation and law firm. Just like a paralegal can jobs for ones legal team of Construction Company, Publishing Property and Event Management Company. Their job is to handle legal documents and handling copyright problems and managing them. They can also jobs in civil litigation and criminal law firms.

Paralegal jobs significant requires extensive knowledge more than numerous aspects of legal procedure and local state rules and regulations. This sort of knowledge is incredibly valued in this jobs and one requirements to rectify the many situations by going under legal procedure and practical knowledge that are gained by true experiencing the jobs field with experienced lawyers.

Many employers now offer on-the-job training for preparing a beneficial legal assistant and although there aren’t this kind of standardized educational requirements for being paralegal.

Written by bogart

October 11th, 2010 at 3:09 am

Posted in Jobs,Legal/Law

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Why to hire Real Estate Lawyers in New Jersey?

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If you are purchasing or selling a property you need a team of experts to guide you at each and every step. It is must that your expert’s team has a Real Estate Lawyers in New Jersey as it is crucial for you to do the proceedings under supervision of any legal advisor. The lawyer helps you by suggesting the right purchase or the right buyer for a property. It is in your lawyer’s job to tell you about your duties and rights in a particular offer.

In case of buying, the lawyer charges higher than in case of selling the property as in the former case, the role of lawyer is quite extensive.

While looking for a property advisor, you will also come across with many non-legal service providers who claim to do the legal job for you in money less than any real state lawyer charges. But, just for saving your few bucks you may get into big trouble. The real state lawyers are regulated professionals with some standards. In case of any error or omission, a real state lawyer can cover it, but it is not necessary that other advisor you are hiring have the same standards.

A real estate lawyer plays a vital role by preventing you from any kind of fraud. In my advice it is better to consult New Jersey lawyers before signing any real estate contract or making a deal.

Written by bogart

May 30th, 2010 at 10:03 pm

Posted in Legal/Law