Category: General

When deciding whether or not to hire an estate planning attorney, it is important to know exactly what they do and what services they have to offer. These proceedings are undertaken as a means of legally and formally preparing for future life and after-life. This can include protection of assets, health, power of attorney and much, much more. Estate lawyers and their firms work with respect to your post-life planning, while keeping you involved and informed along the way. There are several important decisions to make regarding where all of these items will go.

These professionals know the ins and outs of the court system so that all paperwork is fulfilled completely and on time. There is a formal process for carrying this legal documentation through the court system, which experienced estate attorneys will fully understand and can simplify into terms their clients can appreciate.

Estate Attorneys Take Planning To The Next Level

Devoted Smithtown estate planning lawyers know and understand all that is required so that your assets are completely protected in the case of illness or even death. Hiring an estate planning attorney that has completed cases like yours before can also speed-up the process and reduce the learning curve. Nobody wishes to spend months getting their information together should there be a serious accident in the future.

The complexity of most legal documentation is why ninety-five percent of individuals hire estate lawyers for their paperwork. Most do not wish to face the possibility of losing assets, including that of money and belongings, due to miscommunication or lack of knowledge of court procedures. All of these items are specific to each specialist, due to the work it took to acquire the knowledge. Speak to several professionals prior to hiring the one you and your family feels best suits your needs.

What Types Of Situations Do These Professionals Handle?

The types of cases that these particular legal professionals take on is completely dependent on the firm, their availability and their willingness to take on a particular planning situation. Working on the fine details of a life and after-life planning day in and day out can easily and quickly become a full time job. Therefore, it is often necessary for most of us to hand-off the responsibility to someone who can put their complete effort into it.

It’s important to note that these proceedings are also an ever-changing legal process. What was legal and protective one year may have changed due to federal or state regulations the year after. To fulfill all paperwork and legal notations required can take anywhere from a few short days or weeks before everything is complete. Be patient and understand that good legal work does take time and proper filings.

What Types Of Suits Do They Not Handle?

Small suits regarding items such as traffic tickets, small family disputes and other such situations are normally taken on by general practice lawyers. For professional assistance in asset protection, contact your local estate planning attorney for valuable answers to your questions.

Achieve Justice For Your Loved One Through A Minnesota Nursing Home Lawyer It was March 2010 when Minnesota Public Radio told the public that a Wadena nursing home had administered the wrong medication to three residents. Out of the three, one of the patients passed away. This is just one of the 1,000,000 deaths that occur in the United States each year due to prescription errors and medication mistakes. However, the number increases when other nursing home deaths are included that are due to some kind of neglect.

In February 2012, it was reported that a nursing home in Southeastern Minnesota had been accused of neglect after a patient had choked to death on their food in March 2011. Due to the patient’s medical history of breathing problems and pneumonia, this patient required extra attention when eating meals and that attention was allegedly not given.

Nursing Home Law

Minnesota law states that a nursing home must have a sufficient number of qualified personnel on duty at all times. The staff includes licensed practical nurses, registered nurses, and nursing assistants so that that the needs of the patients can be met at all times. These individuals must be present at all nurses’ stations and on all floors. If more than one building is involved, every floor has to be staffed 24/7, 365 days a year. If these requirements are not met and a resident is injured or dies as the result of neglect, then you will need to seek out the legal assistance of a nursing home lawyer from https://dallimarino.com/staten-island-nursing-home-abuse-lawyer/.

The role of the lawyer is to recover any damages that have occurred as a result of the injuries of your loved one or their death. Families trust nursing homes to take care of their loved ones when they are unable to themselves. They don’t expect for neglect to occur, which leads to a wide array of health problems.

Complications Of Neglect

There are so many complications that can arise as the result of nursing home neglect. They include:

• Bedsores and pressure ulcers
• Malnutrition
• Falls
• Medication errors
• Dehydration
• Choking and asphyxiation
• Infections and sepsis
• Burns

Broken bones Nursing home residents have also been the victims of physical. Unfortunately, abuse is something that happens too often. It is estimated that 70% of nursing homes nationwide do not report some of the instances of abuse and neglect that occur within their facilities. Also underreported are violations of resident rights in addition to the fact that there are nursing homes that commit Medicare and Medicaid billing fraud.

Nursing Home Neglect Legal Assistance

While the instances of nursing home neglect that do occur may make such facilities seem frightening, the fact is that not all nursing homes have such crimes occurring within their facilities. Fortunately, there are more nursing homes that adhere to regulations than those that don’t. But when a nursing home doesn’t follow the law and a loved one is injured, becomes ill, or passes away due to neglect, a Minnesota nursing home lawyer is needed to ensure justice is served.

Achieve Justice For Your Loved One Through A Minnesota Nursing Home Lawyer It was March 2010 when Minnesota Public Radio told the public that a Wadena nursing home had administered the wrong medication to three residents. Out of the three, one of the patients passed away. This is just one of the 1,000,000 deaths that occur in the United States each year due to prescription errors and medication mistakes. However, the number increases when other nursing home deaths are included that are due to some kind of neglect.

In order to start and run a business, you’ll need to know some business law. This article offers a few tips on how to make sure the right thing is done in terms of both legal compliance and overall business efficiency. When starting a business, it’s important to make sure you’re doing everything legally. This includes understanding the various pieces of business law, and making sure you’re following the right steps to protect your business. Here are some quick tips to help make sure the right thing is done:

• Research your legal options: Before taking any action, it’s important to understand all of your legal options. Business Law includes researching contracts, filing taxes, and protecting your trademarks and copyright.
• Protect yourself with contracts: Contracts are a key part of any business relationship. Make sure you have clear and concise contracts in place that protect both parties’ interests.
• File taxes correctly: Taxes are an unavoidable cost of running a business. Make sure you’re filing taxes correctly and paying all the necessary fees.
• Protect your trademarks and copyright: Protecting your trademarks and copyright is important for both commercial and intellectual property protection. Make sure you know how to file appropriate paperwork, and keep track of any changes to your intellectual property rights.

Buying and Selling a Business

If you’re thinking of buying or selling a business, here are some quick tips to help make sure the right thing is done. First, make sure you have a clear understanding of your business and what it’s worth. Use resources like business valuation tools and online directories to get an estimate of what your business is worth. Once you have an idea of what your business is worth, do your research and find a qualified buyer or seller. It’s important to find someone who will appreciate and use your business in the way that you want it used. Next, make sure you have all the documents required to sell or buy a business. These can include things like a business plan, financial statements, and legal documents like a deed or contract of sale. Make copies of these documents and keep them in a safe place. You’ll also want to create a timeline for completing the sale or purchase process, so you know when everything needs to be done. Last but not least, be prepared to answer any questions the potential buyer or seller may have. Business Law includes answering questions about your business, finances, and legal information.

Intellectual Property Law

If you are starting a business, one of the most important things you will need to do is protect your intellectual property (IP). IP includes anything that gives your business an edge over your competition, such as trademarks, trade secrets, and copyrights. By protecting your IP, you can ensure that you are able to generate revenue from your work and protect yourself from unwanted competition. Make sure you have trademark protection. A trademark is a word, phrase, symbol, or design that identifies the source of a product or service and allows you to prevent others from using the same mark without your permission. To protect your intellectual property rights, experienced Pleasant Grove intellectual property lawyer is here.

For any injured person it is difficult to understand how to protect his rights. He is aware that he will get the compensation but does not know whom to claim for the compensation and how much amount will be fair and what damages will be included in the compensation. To make the things easier for him, it is better that he should contact personal injury attorney as soon as possible. The personal injury attorney will help the victims and their families who are affected by serious injuries by obtaining the maximum compensation for them.

Unfortunately, if you or someone close to you have met with an auto accident in California, then it is important for you to hire a top-rated personal injury law firm in California to protect your rights. Hiring car accident attorney in California can give strength to your case and put the defence attorney under stress. California auto accident attorneys prove to be strong guarantor for your rights. They truly understand their client’s position and keep sympathy with them. They value their injuries and losses and make them feel important and comfortable.

If the injured person decides to fight on his own for his rights, he may land up in mess and confusion. As a common man he may not have the knowledge of California auto accident laws and subsequently don’t know what is required to get the success. Therefore there are possibilities that he may get disappointed by his defeat.

Appointing experienced and professional car accident attorney California will add a competitive edge to your case against insurance companies to claim for the appropriate compensation.

California auto accidents lawyers have good reputation and represent highest ethical standards in the legal profession which will give assurance to the injured person that his rights will be protected.

An injured person can concentrate on his recovery when he get assurance that auto accident attorney is sharing his burden by fighting for his rights and compensation.

California car accident attorney understands that injury resulted from an auto accident may require physical therapies, medical treatments, surgical consultations  and also involves loss of the peace of mind, pain, sufferings, economic loss, loss of future wages and many intangible losses. Therefore he realizes accident victim’s medical and mental condition and help them to maximize their financial compensation.

Involvement of personal California personal injury attorneys or car accident attorneys will keep the insurance companies on toes. They will also appoint insurance adjusters who will aim to reduce the settlement claim by gathering various evidences.

Sometimes when any person get injuries in California auto accident and does not receive the required amount of medical attention in the hospital because doctors are not sure about his financial conditions then he can hire California car accident attorney  who will guarantee to the hospital on the victim’s behalf.

Getting injuries in the auto accident is a life changing experience especially when these injuries are permanent and therefore hiring the right auto accident attorney is also an important decision because he will represent you and understand your pain and sufferings and truly protect your rights.

Because I couldn’t fit anything else in the file cabinets, I decided to get rid of all of the closed and old files. As I was shredding the files, I realized how many of our clients get their charges dropped, either before they ever go to court, or after formal charges have been filed. When I look back over the past 8 years, I remember the really difficult case and clients. But the majority of our clients, whose names and cases I had forgotten, get their charges dropped. Most of our clients come from referrals, we don’t do any marketing other than this blog and our website. So I would guess, one of the reasons we’re able to limit our advertising is because people get such good results when they hire us, and they tell two friends and they tell two friends, and they tell two friends.

What’s the difference between these terms in a criminal case?

No Information – means formal charges were never filed – the person may have been arrested but the State Attorney decided not to file formal charges.

Nol Pros – or more correctly Nolle Prosequi – means there were formal charges filed, but the State Attorney has decided to drop those charges.

In both a No Info and a Nol Pros, you are probably eligible for expunging the record if this is your first offense.

A dismissal occurs when formal charges have been filed, but you have entered into a modified probation – usually pre-trial intervention, and once completed, the charges are dismissed. If the charges are dismissed, you may be eligible for expunging, but are most likely eligible for sealing.

How do you get your charge dropped or dismissed? although we won’t guarantee it, it happens to a lot of my clients!

In our practice hear from clients all the time that the police did not read them their rights, meaning Miranda rights, when they are arrested. Contrary to every television show and most people’s belief – the police don’t have to read you your rights in all arrests. The police only read you your rights when:

You are in custody – that means physically not free to leave, handcuffed, in an interrogation room, in the back of a police cruiser, etc.

AND – AND – AND – AND (not to be confused with OR)

2. They ask you questions.

Therefore, if you are merely being arrested and no one asks you anything – Miranda rights do not apply. OR If you are not in custody and you volunteer information, or they ask you questions; Miranda rights do not apply.

So in sum – there must be two events present – CUSTODY and INTERROGATION.

So what happens if you remain silent through any police questioning whatever the circumstances – GOOD FOR YOU. That’s what you should do, according to Newport Beach personal injury lawyer.

If you are stopped by the police on the street, at your house, in your car – you must give the police your name and identification if you have it – BUT THAT’S IT. You are not required to do anything else.

In a recent first degree murder case out of Palm Beach County, Florida; a woman was on trial for shooting her husband. When the police arrived at the house, she was sitting in her son’s car and made no response to the officer’s questions of whether she needed anything or would like a bottle of water.  She was not yet under arrest (or in CUSTODY) nor were those questions likely to be confused with an interrogation. During her trial, she choose not to testify – yet the prosecutor said on several occasions, including closing argument, that because she said nothing, this concluded she was guilty since an innocent person would have protested their innocence. Ultimately she was convicted of murder and sentenced to life and currently resides in the Lowell Correctional Facility.

She appealed her conviction, arguing that the prosecutor could not comment on her PRE ARREST silence, since she never testified at trial. If she had, and had said something contrary to her pre or even post arrest statements, this could be used against her to “impeach” her trial testimony. But she didn’t testify and therefore any comment on her silence could not be used against her. (Some courts including the US Supreme Court have distinguished this from POST arrest testimony and the prosecutors ability to comment which is a blog for another day – )

The Fourth DCA overturned her conviction and said that the prosecutors comments on Mrs. Horwitz’s silence were improper and have remanded the case for a new trial. Note that just because there is error in a trial the appeallate courts do not have to grant a new trial – only when the error is “harmful” meaning that the error was so severe that it potentially caused the jurors to be swayed by the error.  In some cases, not this one, but some, the evidence is SO OVERWHELMING that regardless of the error, the courts do not grant a new trial. But in Mrs. Horwitz’s case, she’s getting a new trial – if she’s convicted again of murder, she’ll probably get the same sentence – Life. She has nothing to lose, so she might as well go for it again. Good luck Mrs. Horwitz!

AVOID HOLIDAY STRESSES: PRE-PLANNING VISITATION SCHEDULES

If you are currently involved in, or are one of the recently divorced with minor children, the prospect of negotiating visitation during the holidays probably seems like a frightening task. While you may have a Court Order or a Temporary Order outlining just what visitation will be during the festive season, it is not uncommon for you to feel some anxiety about potential problems that could arise, especially if your ex-spouse is a jerk. Below are some tips you can try to help alleviate some of the pressure not only during the holidays, but throughout the year to help make visitation worry-free:

1. Try to be nice:

It’s an old adage that has special meaning during the holidays. For the sake of the kids, try not to get excited if your ex brings the kids home a few minutes late. If you know your ex is the one who is unreasonable and often misinterprets what he or she is entitled to based on the visitation order, gently remind them. If that doesn’t work, use guilt–“Y’know, it’s the holidays, can’t we just try to work this out for the kid’s sake?” Remember that despite your current feelings, there was a time where you (hopefully) cared for this other person. Remind yourself (and them, if necessary) of those better times, and try to push ahead.

2. Notify, notify, notify

: if the ex is the forgetful type, be sure to give them a head’s up by phoning them about visitation. If talking one-on-one with your ex is uncomfortable or not advisable based on past relationship dynamics, use e-mail. E-mail is good because you don’t have to listen to them and you have a record of trying to contact in case holiday visitation becomes a legal matter. On a more practical level, if you anticipate trouble, giving your ex advance notice or a gentle reminder about holiday visitation can avoid trouble before the actual day arrives.

3. Never alert your kids, especially small ones, if there is a problem

: This can be a bit more difficult with older kids, as they likely have enough sophistication, even if neither of you say anything, to realize that there are problems. No matter what, don’t shout, curse, or scream at your ex in front of your kids, and avoid bad-mouthing your ex to, or in front of, the children. Not only does this put the child in the unfortunate position of having to choose one parent over the other, it is quite selfish because it places your anger and frustration above the child’s welfare. Also, if you continually dis your ex in the child’s presence, your ex will likely have a strong case of parental alienation against you.

4. Plan ahead:

Similar to notification, it is a good idea to make the other parent aware of where you and your child will be going during the holiday break. Be sure not to go outside the parameters of what the initial parenting plan and visitation schedule allow–if you cannot take the child out of state, don’t do it. Be aware that if you do go outside what the visitation schedule allows, you could be setting yourself up for some serious trouble–your ex could file a parental abduction charge against you, and the criminal and civil ramifications of that can be quite harsh and expensive for you.

These are just a few ideas to help ease the stress of coordinating visitation with a minor child.

Most people have watched enough television to know what Miranda rights are –

Although everyone has heard these rights, it is amazing to me, how many people waive them when the police come to “talk”.

First of all, unless you are sitting in the back of a police car, or in a police station and YOU ARE NOT FREE TO LEAVE, you are not entitled to these rights.

Secondly, just because you were arrested doesn’t mean the police have to read you your rights. If they’re not planning on talking to you, there’s no reason. I hear so many people say, “They never read me my rights.” Thinking that in itself will get them out of the crime.

Please note, even if you were in custody AND no one read you your rights AND they questioned you – you still might not get out of it. It all depends on the facts and circumstances of your case. And the lawyer you hire. Just because the police didn’t follow the rules, if your attorney doesn’t file a MOTION TO SUPPRESS, it doesn’t matter.

In a recent case out of Tampa, Florida – the police brought a man named Green into the station for questioning on several Dealing in Stolen Property charges. He was clearly in custody. They read him his rights and he said he wanted a San Angelo injury lawyer. As happens more often than not – the cop told Green he couldn’t get him a lawyer right this minute – it just didn’t work that way. The cop continued to question Green who ultimately confessed. Although I realize this happens all the time, it’s rarely on video tape for the court to witness.

The fact that there was a videotape of the confession was lucky for Green, because the Second DCA said his confession should have been thrown out since he “unequivocally” asked for a lawyer during questioning. See Green v. State, 2nd DCA, 9/9/11

If the cops want to question you about ANYTHING – even if you know you’re completely innocent – ASK FOR A LAWYER – and stick to your guns. Don’t let them bully or confuse you. Eventually it will become your word against theirs – and who do you think the prosecutors and judges will believe?

When someone is convicted of a crime, especially a misdemeanor crime, they often think probation is the way to go. In the recent case of Chad “Ochocinco” Johnson, perhaps it wasn’t the best idea.  As you have probably read about in all of the papers, TMZ, ESPN, and countless other places, Chad Johnson was placed on probation in Broward County for Domestic Battery against his now ex wife Evelyn Lozada and given the standard 12 months of probation to include anger management classes.  (It did not help his lawyer or his case when his wife went on to release statements through her publicist about not tolerating domestic violence and shared her story with most major talk shows. For those of you unfamiliar with her, she was on the VH1 reality TV show Basketball Wives and was quite violent herself. And yes, I’m admitting I’ve watched it, once.)

The former NFL star violated his probation by not showing up to meetings with his probation officer, among other things, and his lawyer worked out a deal to keep him out of jail and get him reinstated on probation with the addition of more community service hours. Looks like a good deal, until he slaps, or pats, his lawyer on the rear and the courtroom breaks out in laughter. (For why this is inappropriate please look at the past few blogs called “How not to act in court” and “What not to wear in court”) The judge then rejects his plea deal and sentences him to 30 days in jail. While in jail he tweets “Love me through the good and the bad . . . .see  you in 30.” This is NOT going to help when his lawyer asks for a resentencing. If he’s so concerned about his 30 days, why is he tweeting? It’s like a Lindsay Lohan train wreck.

When anyone violates their probation, it is ultimately up to the judge as to whether or not they serve jail time or are reinstated on probation. Judges consider many factors when making their decision, such as remorse or the ability to take things seriously, and Johnson’s actions didn’t show either of those things. Anytime I go into court with my clients, I am very clear of what is expected of them and how to dress and act. If it looks like you take things seriously and are remorseful, you will have a much better outcome with the judge if you violate Probation. Sometimes, it doesn’t matter how good your lawyer is, if you do or say something that offends the judge in court, you are most likely going to jail. And if you tweet or Facebook about it later, no one can help you.

What may help his cause is the former Hillsborough County Prosecutor, turned Florida Attorney General, Pam Bondi, has entered in the mix on his side. She apparently told TMZ that “this event seems to be an issue of judicial temperament.” Why the Florida Attorney General is talking to TMZ of all media outlets just blows up the insanity surrounding this entire media circus. But she’s clearly on his side and thinks the judge is wrong. It will be interesting to see what sort of pull she has with the judges in Broward County. If only my clients could get this kind of backing.

How much evidence is enough evidence for a judge to grant a domestic violence injunction?

Domestic Violence Injunctions (DVI) appear to be the most abused pleading of the Court these days.  First, in order to file a domestic violence injunction, there must be a DOMESTIC relationship – like boyfriend and girlfriend who live together or have a child in common, husband and wife, or other people who live in the same household. Domestic Violence Injunctions do not apply to your neighbor, your spouse’s ex, your significant other’s ex, or someone you work with. Those are called  Repeat Violence Injunctions and require at lease two acts of violence or threats of imminent harm. If you have a question about that, please call me.

Many times, I see people in court who are not victims of violence, but rather victims of horribly annoying behavior by the other party. In order for a judge to grant a domestic violence injunction, the behavior needs to be more than “mere uncivil behavior that causes distress or annoyance.” See Power v. Boyle, 60 So. 3d 496 (Fla. 1st DCA 2011), but rather must place a person in fear of imminent harm. In a recent DCA case out of the First District, a circuit court judge granted a domestic violence injunction against a wife who used her husband’s email password to access his account, then used the personal information found in those emails to further her cause in a divorce case. She also changed his password so he could no longer access his own email. But the District Court said that behavior did not rise to the level of “stalking” or “cyberstalking” because it wasn’t the wife’s “own words” used to harass the soon to be ex-husband. In other words, had she written him harassing or threatening emails, or used his account and sent emails pretending to be him – it may have been enough. But merely changing the password and using his own emails against him was not enough to meet the threshold of evidence required for a domestic violence injunction.

So back to the original question, what is enough? Often, it depends on the judge who hears the case.  The judge is the ultimate fact finder and unless clearly wrong, an appellate court usually will not overturn the trial judge’s decision. (Note there are many legal standards on appeal, and they vary depending on circumstances and whether the case is civil or criminal) Acts of physical violence are usually enough. Threats to harm a person, that could reasonably be carried out, are usually enough. Harming a family pet, threats with weapons, abuse to a child who lives in the home – are all usually enough. Harassing and annoying behavior, sometimes is not enough.

The best thing to do if you are planning to file a DVI is to either hire a lawyer to represent you, and/or talk to an advocate in your local domestic violence shelter. The advocates are in court every day and sometimes they have better insight into a particular judge or set of facts than many of the lawyers. If someone has filed a DVI against you, you definitely need representation by a lawyer.