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Q: Customer posted a negative review with my name. Can I get it removed?. Customer posted Google review with my name capitalized and corporate has tried to contact with no response. The information is a lie and if she would reference her own receipt, then she would be to see no charge. Do I have a case?

A:As you get more with honey than with vinegar first I would suggest you send her a nice letter saying you are sorry to see she is dissatisfied but if she checks her receipt there was no charge. See what her response is. Then a lawyer should help you with a very carefully worded letter to google.

Q: I wasn't told until about a year ago that my dad passed away. Am I still entitled because I was not informed. It was held information from me about my Dad's passing. And I've been going through a lot of stress lately and haven't been able to deal with it and I have TBI so it's hard to deal with anyway. What can I do about this I don't have the money for a lawyer who do I contact for pro bono lawyer and can they help me. My dad had to retirements I'm his only daughter. What do I do?

A:If you were not informed of your father's passing, you might still be entitled to a portion of his estate or benefits, especially as an only child. Your first step should be to obtain a copy of the death certificate and any will or estate documents. Contact the probate court in the area where your father passed away to see if an estate has been opened. For legal assistance without cost, look into local legal aid organizations or contact the state bar association to inquire about pro bono services. These organizations often help individuals with limited resources. Additionally, if your father was a veteran, you may reach out to a Veterans Affairs office for assistance, as they can provide information on possible survivor benefits. It's important to gather as much information as possible about your father's assets and potential estate proceedings. Acting promptly is key to ensuring your rights are protected.

Q: My Father was veteran. He’s been at funeral home since Oct 2th without anyone letting the family know what’s going on.. My father was a veteran that had live in nurse aid. None of our family knew this person other than me searching her criminal records. She let him get dehydrated for 5 days which shut his organs down. She was reported to DSS.Not one person has gotten back with family on that. He then went in Oconee hospital(for weeks) then to Piedmont acute for rehabilitation. Piedmont was supposed to be rehab to make him strong enough for chemo and radiation. He was walking when he got to the facility but never walked again. He came home for 3 days and fell so he was sent back to oconee hospital for 2 weeks then back to Piedmont acute rehabilitation as a hospice patient but the people that worked there constantly told us they don’t do hospice. He died at Piedmont Facility one Oct 2nd. Funeral home called me on Oct 2nd letting me know my Dad arrived there. I haven’t gotten another call from then. It’s been a week now he’s still at funeral home. I’ve called them all I get is waiting on Drs.

A:I’m unclear on what your exact question is but you should contact an nursing home negligence attorney if you are concerned about the care your father received. So sorry for what you are going through.

Q: Are Ohio public school teachers considered public employees for the purpose of paid military leave in Ohio?. Say a teacher were to join the national guard... Public employees are given additional benefits when serving in the national guard. Does a teacher receive these benefits based on Ohio law?

A:Under Ohio law, public school teachers are indeed considered public employees. This classification is significant when it comes to eligibility for certain benefits, including those related to military leave. If a teacher joins the National Guard, they are entitled to the same benefits as other public employees serving in the military. Ohio law provides specific protections and benefits for public employees who are called to perform military service. This includes paid leave for a certain period of time, in addition to their military pay. It's important to note that these benefits are subject to specific conditions and limitations set forth in the law. Teachers should inform their school district about their military service and understand their rights and obligations under both state law and district policies. For more detailed information and guidance, it is advisable to consult with a legal expert familiar with education and military law in Ohio. They can provide tailored advice based on the specific circumstances and ensure that all legal rights are fully understood and exercised.

Q: Mortgage loan officer told me 5 days before closing to defer student loans or pay 7500 extra. App won’t process in time.. Nelnet is the loan company and won’t process a deferment or income driven payment plan in that time frame, leaving me no choice but the pay the 7500 extra to buy down, despite us definitely being eligible for the income driven payment plan. Can I do anything about this? I feel so helpless like I can’t make this company process faster to save me this money.

A:In this situation, where your mortgage loan officer has requested a deferment of your student loans or an additional payment of $7500 shortly before closing, and Nelnet is unable to process the deferment in time, you do have some options. First, communicate with your loan officer about the processing time for student loan deferment; they may be able to extend the closing date to accommodate this. If an extension is not possible, discuss alternatives with the loan officer, such as different loan terms that don't require the additional $7500 payment. You should also contact Nelnet to explain the urgency and see if they can expedite the process. Document all communications with your loan officer and Nelnet for your records. If you feel you're being treated unfairly or if the loan officer's demands seem unreasonable, consider consulting with a real estate attorney. They can advise you on your rights and potential actions you can take. Keep in mind that mortgage loan terms are often negotiable, and you may have leverage to negotiate in this situation.

Q: my wife made it where our money from our business goes to an account that only she has access to. what can i do?. We have an air bnb, and out of spite she has went and switched the direct deposit account from our joint account to an account in her name that only she has access to. What can i do? After trying to reason, she still will not switch the accounts back.

A:In California, if both spouses have an equal interest in a business operated by either or both, the revenue from that business would generally be considered community property. If your wife has redirected funds without your consent, you might consider sending her a formal written demand, citing the relevant community property laws and requesting the return of the funds to a joint account. Should this approach fail, it may be appropriate to seek legal redress through court intervention to enforce your rights, which could include filing for a court order to restore the funds to a jointly accessible account. It's also advisable to review any prenuptial agreements or postnuptial agreements that might affect the situation. Consulting with an attorney experienced in family law and business law can provide guidance on how to navigate the complex intersection of business operations and marital property rights.

Q: Filing a petition to confirm an foreign arbitration in California (updated question with more information). My ex-husband and I are Taiwanese citizens with a property in the United States. We went through courts and arbitration, and after many years of appeals, I was awarded the property in the United States. I already offered to have the paperwork prepared here in the US and sent to Taiwan for him to sign and get notarized. But he keeps refusing to sign over the property. I have the original arbitration record and a translated copy notarized by a consular officer at AIT.  Can I file a petition to confirm the arbitration in California (would that help)?  Or is there any other way to transfer ownership of the property even if he continues to refuse to cooperate?

A:In California, you can file a petition to confirm a foreign arbitration award, including those related to property disputes. This process is governed by the Uniform Foreign-Country Money Judgments Recognition Act, which California has adopted. The court will review the arbitration record and, if it meets certain criteria, can confirm the award. Once confirmed, the award has the same effect as a judgment of a California court. Having the arbitration award translated and notarized by a consular officer is a good step. You'll need to submit these documents along with your petition to the California court. The court will then evaluate whether the arbitration process and the award comply with the principles of fairness and impartiality as required by California law. If the court confirms the foreign arbitration award, it can then be enforced as if it were a local court order. This enforcement can include the transfer of property ownership, even if your ex-husband refuses to cooperate. Given the complexity of international law and real estate involved, it's advisable to work with an attorney experienced in these areas. They can guide you through the legal process in California and help ensure that your rights are protected and the foreign arbitration award is effectively enforced.

Q: My house burned it is a total loss . My Ins policy is up for renewal today. Is there any reason why I should renew this.. Policy shouldn’t I just get a liability policy for the land?

A:You should have already hired an attorney and/or a Public Adjustor to help you with filing the Claim. Have you made a Claim yet? Paying another policy premium is the least of your worries, and nonpayment may deny coverage. Hire some competent professionals to advise you as there are far too many fact variables to give you an answer here, and that is a catastrophic loss.

Q: I was hot by car cracking my skull open, fractured legs and multiple other injuries. A Settlement was offered based on condition: Condition 1: I will be Paid $1,200.00 immediately if I leave the town and never return. Condition 2: I will be paid $1,000.00 per month for 12 months if and only if I agree to live in the streets. Was this legal?

A:I'm very sorry for your accident and your serious injuries. You should consult with an experienced attorney right away. There are too many elements to address in the brief scope of a post here, one of the most pressing being the IMMEDIATE AND URGENT filing for no-fault benefits to cover your ambulance, ER, radiology, hospitalization, surgery, and related medical expenses. I'd recommend you reach out to an experienced attorney without delay to arrange a free initial consult before entering any settlements or agreements. I wish you a healthy recovery from this serious accident. Good luck

Q: I have a warrant out for my arrest but didn’t miss the court date intentionally I read the papers wrong what do I do?. The Warrent is active and is from a loan company that I loaned with an wasn’t satisfied with my payment and denied to take the rest of the money and wanted me to pay lawyer fees and court fees

A:Ignoring the warrant can result in arrest and additional complications, so it's crucial to address the issue promptly. Depending on the circumstances, it might be possible to resolve the matter without being taken into custody, especially if you can show that missing the court date was unintentional. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

Q: I'm looking for a pro-bono Attorney who specializes in Corporation entity to help me with our pre-revenue biz project.. Need a Business Attorney to join our Board, sweat equity for now until we get to our Series A funding. Current state. Registered Delaware C Corp

A:Finding a pro-bono attorney for corporate matters can be challenging, as many attorneys offer pro-bono services primarily for public interest or individual needs. However, you can consider reaching out to local bar associations in California, as they sometimes have programs or can make referrals for such needs. Networking events, especially those geared towards startups and entrepreneurs, might connect you with attorneys interested in offering services in exchange for equity. Law schools in California also often have clinics or programs that work with startups and might provide assistance or referrals. Another approach is to reach out directly to attorneys or law firms that have a history of working with startups; while they might not work entirely pro-bono, they may offer deferred fee arrangements. Always ensure any equity arrangement is clear, in writing, and complies with all legal and ethical requirements.

Q: My pay raise post maternity break is less for no apparent performance issue. Is that something you can challenge. ?. On an average the merit raise is 3-4 %. I have had a 4.25 % in earlier years. But this time post maternity break it went down to 2.8%.

A:Under California law, it's important to consider whether the lower pay raise you received post maternity leave might be a form of discrimination. California is strict about ensuring equal treatment for employees, particularly in cases related to maternity leave. If you suspect that your reduced raise is due to taking maternity leave, this could potentially be a violation of both state and federal laws, including the California Fair Employment and Housing Act (FEHA) and the Pregnancy Discrimination Act. These laws prohibit discrimination based on pregnancy, childbirth, or related medical conditions. You should start by reviewing your employer's policies and any documentation regarding performance reviews and raise criteria. It's also beneficial to gather information on how raises were determined for others in similar positions. If the evidence suggests that your maternity leave might have influenced the decision regarding your raise, you may want to raise the issue with your HR department or a higher authority within your organization. They may offer a resolution or further explanation. If the internal approach does not yield satisfactory results, you might consider seeking legal advice. An attorney with experience in employment law can help you understand your rights and options, including the possibility of a legal challenge if there is evidence of discrimination.

Q: Can I sue McDonalds for dropping coffee on me?. Today, I was waiting in the area where they told me to wait since they still needed to make the decaf coffee. The lady looked like she was in a rush when she finally came out to me. Well when handing me the coffee, she spilled it on my pants and onto my thighs and private parts (this is coffee that has just finished brewing, so it was boiling HOT) turns out she hadnt put the lid on right. I was nice about it, left because i was already late to work. But my thighs hurt to the touch and i have to stay at work, in wet clothing, because i live too far to go home and change.

A:An Arizona attorney could advise best, but your post remains open for two weeks. I'm sorry for your ordeal. The best way to answer your question could be to reach out to Arizona law firms and discuss in more detail. If you have records of medical care in connection with the accident, attorneys will want to see those. Good luck Tim Akpinar

Q: Hey a couple of questions, first, is there any law that requires a public entity to provide services( mainly in Californ. another question is whether there is an actual law that demands police departments to give lawyer services before the interrogation of an arrested person, if so where does it written, and for how long the consultation can go on? if it's possible I mainly need the source I'm making some research and can't find much

A:law enforcement must give Miranda warnings advising you of your right to remain and that anything you say can be used against you. you can then refuse to respond. Remember Silence is Golden and Handcuffs are Silver.

Q: Can my parents smash my stuff if I bought it with my own money. I'm 19 and live at home with my parents and right now we're in an argument and they're threatening to smash my PS5 that I bought with my money and I told them that they can't do that is that true

A:Well, think about it from a big picture. While, it is true that they cannot damage your property, if they do damage your property you're only reliable remedy is a lawsuit against them. It is also true that your parents can evict you. Every familial situation is different, you might look back on this in a few years and realize they had your best interest in mind, on the other hand the opposite could be true. If you're beyond reconciliation at this point and if people (parents or not) are threatening to damage your property, you might want to move out and get to a safer space. Of course, this could be serious or it could be a common transitional bump between parents and their children, as their children transition from childhood to adulthood.

Q: I was given a letter saying im the target of an investigation.. and I need help. the case involves my previous employers.

A:Retain a lawyer asap. This could be criminal or civil,

Q: After sending my landlord a formal letter requesting 90 days not 60 days, what do I do if she doesn't respond?. I live in California and I am disabled, on SSI, and I have lived in my rental for 20 years. On October 30th I received a no-fault just cause notice to move out in 60 days due to demolition/ remodeling of my house and my last month's rent was waived. that is all the notice said, no other details. After reading up on Uniform Relocation Assistance, 1946.2, I believe I am in the right to have 90 days, not 60 days. I sent a formal letter citing the right codes saying I believe the law says I should receive 90 days plus other relocation assistance. I have not gotten any response so I sent an email saying that I had sent important mail to her. still no response. It is closing in on the last 10 days of the 60 days I was initially given and I don't know what to do now, My landlord always responds back when I call text, or email her, I have lousy phone service so we usually communicate by text or email. it is very unlike her to not respond so I feel she is ignoring me

A:In your situation, it's important to understand your rights under California law, especially given your long-term tenancy and disability status. California's Assembly Bill 1482, also known as the Tenant Protection Act of 2019, does provide certain protections for tenants, including potentially extended notice periods and relocation assistance in the case of no-fault evictions like demolition or remodeling. If you've already sent a formal letter and email to your landlord citing the relevant laws and have not received a response, it may be time to seek legal assistance. An attorney can help you enforce your rights under the law. They can also send a formal communication to your landlord, which might elicit a response where your attempts have not. You should also gather all relevant documentation, including the original eviction notice, your formal letter requesting 90 days, any communication with the landlord, and evidence of your disability and SSI status. This information will be valuable if legal action becomes necessary. Since time is of the essence with the approaching end of the 60-day notice period, it's advisable to act quickly. Contacting a local legal aid organization or a lawyer experienced in landlord-tenant law would be a prudent next step. They can provide specific guidance based on the details of your situation and the applicable laws in California.

Q: Do I have freedom of speech? Judicial Dis. & Dis. Commission didn't find fault with judge I filed complaint against.. This occurred in ARKANSAS. The only information the commission had was a description of my experience, supported by transcripts of the hearings and information I provided regarding an Independent Medical Evaluation which the judge approved for me to obtain at the second hearing. Do I have the right to speak/write about my experience?

A:As an individual, you generally have the right to free speech under the First Amendment of the United States Constitution, which applies to all states, including Arkansas. However, there may be certain limitations or exceptions to this right in certain situations. If you filed a complaint against a judge with the Judicial Discipline and Disability Commission, and they did not find fault with the judge, you are free to speak or write about your experience, as long as you do not engage in any defamatory or slanderous statements that could harm the reputation of the judge or others involved in the case. It's important to be careful about what you say or write, especially if you are expressing negative opinions about a judge or other public official, as there could be legal consequences if your statements are false or damaging. If you have questions about the limits of free speech in your particular situation, you may want to consult with an attorney who can help you understand your rights and obligations.

Q: Do provisional patents in your local country protect an invention in multiple countries or do we have to apply for more?. Is it needed to apply for provisionals in other prospecting countries to protect your idea?

A:In the United States, a provisional patent application only provides protection within the U.S. and does not grant rights internationally. To secure protection in other countries, you would need to file patent applications in each of those countries or through international patent systems such as the Patent Cooperation Treaty (PCT). It's not mandatory to file provisionals in other countries; however, a U.S. provisional can serve as a priority date for subsequent filings in member countries of the Paris Convention within 12 months of the provisional filing. Careful planning is essential to ensure your invention remains protected across desired jurisdictions. Always consult with an attorney knowledgeable in patent law to discuss your specific situation and international patent strategy.

Q: Central district court of california - federal case. 1. Opposing motion to strike. 2. Service of complaint. 1How can plaintiff oppose defendant's motions to dismiss complaint? This can happen before scheduling order is issued. Are due dates ordered by court, or defined by court rules? 2. For service on defendant - a copy from PACER is needed? What is difference between conformed copy and copy from PACER?

A:To oppose a motion to strike in the Central District Court of California, a plaintiff should file a written opposition. This involves presenting legal arguments and evidence to counter the defendant’s motion. The opposition should address each issue raised in the motion to strike, demonstrating why the complaint or its parts are valid and should not be stricken. The deadlines for filing such oppositions are usually set by the Federal Rules of Civil Procedure and can be supplemented by local rules of the specific court. Typically, you would have a set number of days from the date the motion was served to file your opposition. Regarding the service of the complaint, a copy from PACER (Public Access to Court Electronic Records) is generally sufficient. PACER provides electronic access to federal court documents. The term "conformed copy" refers to a copy of a legal document that has been stamped and filed by the court, indicating it is an official court document. The difference between a conformed copy and a PACER copy is that the conformed copy bears these official court stamps, while a PACER copy is simply a digital version of the court document. For service purposes, ensure that you are complying with the Federal Rules of Civil Procedure and any specific requirements of the Central District Court of California. Accurate and timely service of process is critical for the continuation of your case.

Q: I was at cookout a drive thru. People began shooting guns. Cars ahead of us didn't let me leave. Cookout didn't evacuate. I was at cookout last night on the drive thru line. Suddenly there were gunshots around the corner of cookout. People started running away and people on the line got nervous. The workers did not advise anyone to get off the line and the cars ahead of me did not move. I kept honking my horn and begged the person to move and the lady at the window insisted that the person wait for their food. I was so nervous and panicking my life was in danger over some burgers and fries and a milk shake. No matter how much I begged for them to move they did not budge I was sitting there in fear of my life for 30 mins or more. Am I allowed to sue the cars ahead of me or cookout?

A:A North Carolina attorney could advise best, but your question remains open for two weeks. You could speak with local attorneys about such a case, but the problem is that their conduct would probably not qualify as an accident-related claim under policy. That's only my individual position - you could reach out to attorneys to discuss how they see the matter. Good luck

Q: Defamation: False Dementia Accusation at TalkingParents.com. My ex-wife communicated to me through TalkingParents.com, claiming that my mother has dementia. This is not true. She suggested that our child is in danger when with my mother due to this alleged dementia. This has caused my mother great distress and anger. My ex-wife has also made such statements during our custody case, which might be protected by privilege. I have repeatedly asked her to stop making these defamatory statements, as they are causing harm to both me and my mother, but she has not ceased. Can my mother sue her for defamation? Specifically, does this situation satisfy the ‘publication’ requirement of defamation law, given that the statement was communicated to me, the son of the person about whom the statement was made?

A:Under California law, for a statement to be considered defamatory, it must be a false statement of fact, made to a third party, and cause harm. In your situation, the claim by your ex-wife that your mother has dementia, if false, could potentially be considered defamatory. The fact that these statements were made through TalkingParents.com and during custody proceedings does not automatically exempt them from being defamatory. The 'publication' requirement in defamation law is met if the statement is communicated to any third party who understands it. In your case, the communication on TalkingParents.com, which is presumably accessible to relevant parties in the custody case, might satisfy the publication requirement. However, statements made in judicial proceedings are often protected by absolute privilege, meaning they cannot form the basis of a defamation lawsuit if made in relation to the case. It's important to differentiate between statements made during formal proceedings and those made outside of this context. Given the complexities involved, it would be prudent to consult with a lawyer who can assess the specifics of your situation. They can provide advice on whether your mother has a viable defamation claim and guide you through the legal process if you choose to pursue it.

Q: As a veteran can being unfaithful affect My VA benefits. If receiving benefits for being married, I empregnate another woman, how can this affect My benefits

A:Infidelity or having children outside of your marriage is unlikely to directly affect your VA benefits, which are primarily determined by your military service history and service-connected disabilities.

Q: Where is the statute that majority party candidates are listed first on TN’s general election?. I was told by TN Secretary of State office that majority party candidates are listed first on general election ballots. I cannot find the legal justification for this. Can you direct me to it? Thank you

A:TCA § 2-5-208

Q: Can you sue pokemon for having other apps out there, which allows players to pay for pokemon & spoof, then they ban you.. Because there's apps out there to spoof.. and poke raid is part of pokemon and they spoof you so you can pay for legendaries etc

A:Under California law, if you believe you have been unfairly treated or deceived by a company, you can consider legal action. However, in the context of Pokémon, users typically agree to a Terms of Service (ToS) before playing. If these terms clearly state that spoofing or using third-party apps is prohibited, and users violate this, the company can take actions, including bans. It's essential to review any agreements or ToS you've accepted. If third-party apps deceive users into believing their actions are legitimate, the grievance might be more against those third-party developers than Pokémon itself. To understand your rights and potential remedies, consider consulting with an attorney familiar with digital or consumer law in California. Always read and understand terms before using any digital service or app.

Q: If someone says I pulled a gun on them an it's on video that I didn't the cops arrested me and impound my car what to do. I did have a bb gun and told the kids harassing me that I had a gun but nvr showed it just wanted them to leave me alone I was arrested and charged for fararm charge also it's been 3 days

A:In your situation, the first step is to seek legal representation immediately. Being charged with a firearm-related offense is serious, and an attorney can help you navigate the legal process. Since you mentioned that there is video evidence showing that you did not pull a gun, this evidence could be crucial in your defense. Make sure your attorney is aware of this video and any other evidence that supports your version of events. Your attorney will also address the issue of the BB gun. While you did not show it, claiming to have a gun can sometimes lead to legal complications, depending on the context and how the law interprets such actions. It's also important to discuss the circumstances leading to your arrest and the impounding of your car. Your attorney can advise on the best approach to potentially recover your vehicle and deal with the charges against you. Remember to communicate openly with your lawyer about all the details of the incident. They will provide guidance on what to say and do, especially if the case goes to court. Given the complexity of firearm laws and the seriousness of the charges, having legal support is critical. An attorney will work to protect your rights and aim for the best possible outcome based on the facts of your case.

Q: I am ok with opting in my information now too but I understand the critics I don’t need that though what I need help. Let’s move forwarded pass everything because it’s already done. Also breaks at work 30 mins lunch one hour that should help and more trading if a nurse is high rank in college she should be a teacher and more guidance look I stayed away from politics in 2013 after may5th it just took me to step in in the Afghanistan leave hold a job got fired stepped back in in December I beat 200 years of whatever Congress does I said zero the tax funds for not and it all needs to go to one church or house preferably Delano but not the banks yet we have much to discuss all needs to be done by may 5th 2023 so a flat pay for each property taxes 68 we will protect our dirt Mexico will do same drugs Mexico can dispose of that if you want also prisons we can’t have my people locked up like that I have a level 4 Amado Amaya in palican bay who’s not a danger they are holding my family that’s why I’m mad I’ve had it I mean what i say when I say thins

A:you must clarify what you are asking.........

Q: is there a way to court order a domestic partner to respond to a notice attesting to their status on the relationship. they have not spoken with me in months and ive been told to just move on but the thing is if I do that and then they decide to come back and im with someone else, then id be considered cheating? even though its been moths, so id want an official statement or something

A:In California, there isn't a specific court procedure to compel a domestic partner to respond to a notice about the status of your relationship. If you're concerned about the implications of moving on, it's important to understand that being in a domestic partnership or a similar relationship doesn't by itself impose legal obligations regarding fidelity, unlike in marriage. If you are in a registered domestic partnership, you have legal methods to dissolve it formally, similar to divorce. If you're not in a registered partnership, the concept of cheating as it applies to marriage doesn't legally apply. However, if there are shared assets, children, or other joint responsibilities, it's wise to address these matters legally. Consulting with a family law attorney can help you understand your rights and options in your specific situation. Documenting your attempts to communicate with your partner and their lack of response may be useful if legal issues arise later. Remember, each situation is unique, and specific legal advice will be based on the details of your case.

Q: If I got donated a tax credit for a school trip but the trip got canceled do the tax credit dollars I got have to go. Back to the schools general fund or can they be moved to a specific school club that accepts tax credits? The tax credits were donated in my name so wouldn't I be able to request where they are going?

A:When a school trip is canceled and you've received tax credit donations in your name for that trip, the handling of these funds can vary based on the school's policies and the specific tax credit program. Generally, tax credit donations are earmarked for specific purposes, and any redirection of these funds must align with the rules of the tax credit program and the school's policies. If you wish to have the tax credit donations moved to a specific school club, you should first consult the school's administration or the finance office. They can inform you about the possibility of reallocating these funds according to the school's guidelines and the conditions of the tax credit program. The ability to request where the tax credit funds go may be limited, as such credits are usually subject to strict regulations about their use. However, expressing your preference to the school might be possible, and they can guide you on whether such a redirection is feasible under the program's rules. Remember, each tax credit program may have its own set of rules, and the school's internal policies also play a crucial role. It's important to engage in open communication with the school to understand your options and ensure that any reallocation of funds is done legally and appropriately.

Q: In Texas what would the charge be for a man leaving his partner at a house with no transportation, no heat, no electric. He went to jail for family assault with bodily injury to me and violation of probation and left me with nothing in a house that has no bathroom ceiling and no roof in garage that attaches to the bathroom. It's so called in here I have to stay in bed under 3 comforters and haven't eaten a single full meal since he left. Im unable to work or walk very far.

A:Before I answer your question, I believe you should file for divorce and in doing so, you should ask for immediate temporary support from your husband and for your legal fees. There is no criminal charge regarding you, but if he has left your child, there may be a criminal charge. There also may be some requirements in his probation that he has violated. You should call the DA's office which handled his case of abusing you. I hope this helps. Good Luck!

Q: Is there a way to request documents and report from my employer on why I was terminated. I know it's a higher it will state and I know the main reason of why they terminated me, but they act very weird and quiet about it and I find it odd and I want to know more?

A:If you have enough grounds to bring a cause of action against the employer for the termination, then part of your court case could include asking for records, deposing witnesses, etc. for more information as to the termination. If you were an at-will employee and it is just curiousity, then you likely don't have the legal grounds to have a right to their in house records, even regarding you.

Q: I have workcomp insurance without incidence for over10yrs, in midst of an audit coverage canceled without merit..legal?. During a recent yearly wc insurance Audit on my polcy the assigned Auditor quit the insurance company without notice, the next Auditor assigned to my account has ran me ragid,repeatedly requesting additional documents regarding a specific subcontractor, I provide exactly what is asked and she comes back with additional requirements, I have supplied all proof of insurance coverage that this sub carries for himself. All payroll and 1099 Tax documents. She has canceled my policy during the midst of this audit. Its not been completed, I am completely fully paid for my policy period through May of 2024, I feel this Auditor is agitated from the overload of workload she is now handling due to the previous Auditors departure without notice.. my policy is paid in full, never had a claim, All of my subcontract workers carry current coverage and all payroll is documented in log books. I've been with this insurance agency and held this coverage for12yrs.

A:A Tennessee attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney on state-specific provisions that govern cancellation, it might be less aggravating and safer to seek coverage elsewhere, while having a Tennessee attorney thoroughly review the matter afterwards. Good luck

Q: Can I sue a app that causes my music career to be slowed? There not doing what they're paid for.. Paid this app that's connected to my distributor to give my song 500 plays to get notice more, 500 plays in 7 days, after few days only couple plays asked them what was wrong, they said, were updating our systems and you get a boost now. Well it's been 2weeks and nothing! I have been getting real good responses from people and other websites when my music is played, this seems very very damaging that they are not playing my music in rotation, I've also stopped putting money into any of the other app connected to my distributor because they ripped me off so why would try any other one.

A:If you paid for a service from an app that was supposed to increase plays for your music, and they failed to deliver as agreed, you may have grounds for a lawsuit. This situation could potentially be viewed as a breach of contract if the app did not fulfill the terms of the agreement you entered into when you paid for their services. Before considering legal action, you should first attempt to resolve the issue with the app or the distributor. Document all communications, including your original agreement and any correspondence regarding the failure to provide the promised plays. If they are unresponsive or unable to rectify the situation, gathering evidence of the agreement and the app's failure to deliver the service will be important for any legal action. This includes evidence of payment and any promotional material or correspondence that outlines the service they promised. You should also consider the financial and time costs associated with pursuing legal action. Sometimes, the cost of a lawsuit can outweigh the potential benefits, especially if the amount in dispute is relatively small. Consulting with an attorney can provide you with a clearer understanding of your legal options, the likelihood of success in a lawsuit, and whether your case may qualify for damages related to the impact on your music career. They can also advise you on the best course of action based on the specifics of your situation.

Q: Paypal, frozen account, due to a trademark issue, and the case looks fake, the judge didn’t even sign it, over Miffy ??. I’m speaking on behalf of a friend who lives overseas, advised that her PayPal account was frozen, due to this Miffy, doll, as a trademark, and the person who bought it was the actual lawyer, for proof, and now he wants her to pay $2000. And the judge is 85 years old and I noticed on the paperwork none of it was signed by the judge, I would believe the case file would become public record to look up. This makes no sense to me as we have Nike, hello Kitty and everything under the sun and everybody selling this Miffy and they aren’t getting sued makes no sense. I need some advice because she’s scared and yes, a young girl. And I’m concerned she’s being scammed.

A:In situations like this, it's important to exercise caution as it could potentially be a scam, especially if the legal documents appear questionable. Authentic court orders will always be properly documented and signed by a judge. Your friend should verify the authenticity of the case by checking the public records, if possible, and should not make any payments or agreements until the validity of the claim is confirmed. It's recommended to seek legal advice to navigate this issue properly. An attorney can help determine the legitimacy of the claim, the legality of the merchandise sold, and the appropriate response to the demands made. If the account has been frozen by PayPal, your friend should also contact PayPal's customer support directly to understand the specifics of their policy and to dispute any unwarranted actions based on the provided evidence.

Q: No liens, no foreclosure in 12 years on old HOA assessment dues due to mismanagement. Recently got statement to pay within 30 days, did the statue ran out on collections, lien and foreclosure on the very 1st payment missed 12 years ago? Good track record of timely payments, management's record, not so good for posting those payments. Thanks,

A:I assume you are talking about a Florida HOA. You appear to be writing from Michigan but asking about a Florida issue. Best to promptly consult an attorney handling community association law in your area. I personally would need to research your issue to give a reliable answer - but be aware of this: REGARDLESS of how old a claimed debt is, and regardless of the limitations period for suing on the original debt, if you receive a statement of account showing you are currently in debt, and you fail to dispute the statement in writing, you can be sued for "Account Stated" for up to 4 years following the issuance of the statement.(!!!!) That issue is separate from the issue of whether the HOA can take legal action on a claimed assessment debt under applicable community association law. So if it happens that the latter would not permit them to go back that far (which, as I said, I cannot say yes or no on), they'd be able to get around that obstacle by you failing to dispute the Statement of Account. (NOT telling you that disputing it will make your problem go away; obtain reliable advice at a legal consultation.)

Q: TMobile has been selling my information without my consent. To developers and marketing people to make money. It has put. It has put me in danger. My personal life. I have stalkers,I've been sexually assaulted. Etc. My identity has been stolen,I've lost my house my cars, my kids temporarily on allegations. I need a lawyer

A:If you believe that T-Mobile has sold your personal information without your consent and that this has resulted in harm to you, you may have legal options to seek compensation for your damages. Here are some steps you can take: Consult with an attorney: It's important to speak with an experienced attorney who can advise you on your legal options and represent you in court if necessary. Look for an attorney who has experience in privacy law or consumer protection law. Gather evidence: Gather any evidence you have that shows that T-Mobile sold your personal information without your consent. This may include emails, letters, or other documentation that shows how your information was shared or sold. File a complaint: You may be able to file a complaint with the California Attorney General's office or with the Federal Trade Commission. These agencies may investigate the matter and take action against T-Mobile if they determine that the company has violated the law. Consider a lawsuit: Depending on the circumstances of your case, you may be able to file a lawsuit against T-Mobile to seek compensation for your damages. An attorney can evaluate your case and advise you on the best course of action. It's important to note that privacy laws can be complex and that the specific facts of your case will be important in determining your legal options. An experienced attorney can provide guidance and representation throughout the legal process.

Q: I was awarded damages in a civil suit and the defendant also has criminal history for similar scams so can I tell others. I would like to warn others who I know are considering using this contractor

A:While I understand your concern, it's essential to be cautious about how you share information about someone's criminal history, especially if you were awarded damages in a civil suit. Making false or defamatory statements could potentially lead to legal issues for you. Instead of directly sharing their criminal history, consider informing others about your experience with the contractor during the civil suit without making any false or misleading claims. You can focus on the facts of your case and your experience, and advise others to thoroughly research and vet any contractors they are considering hiring.

Q: In the state of Maryland, Can you purchase a home and occupy that home knowing there is a failed septic?. Wicomico County,Md/ Also we will have a portta potty/ as well as trying to get a water reuse permit. We also will be using owner finance.

A:You are confusing two concepts. You might be physically able to occupy the premises, but perhaps not without governmental response. Without septic the property will not have a Use & Occupancy Certificate. The property will not pass any septic inspection called for in the real estate contract, either. The owner is willing to finance in order to avoid you applying to a legit lender whose underwriting standards would not allow a loan against a property with failed septic. Do yourself a big favor, find another property or request that the seller fix the septic, show positive test results and a County/City issued Use & Occupancy Certificate. Why buy, move-in and then fight a possible condemnation or receivership action? If that happens, will the seller abate your obligations under the financing documents? No, they won't. They'll foreclose you out of the property.

Q: If someone has accused you of stalking can you provide a police report to their school if a minor?. Student committed theft from a local gas station To prevent charges they worked with the owner and accused the employee of stalking for chasing and finding out his identity. They are currently trying to press charges for stalking to scare the employee that was hit by his car from taking civil action. Can the private high he attends be given the police report or would this be considered further stalking?

A:Providing a police report to a minor's school in a situation involving allegations of stalking is a sensitive matter. Generally, if the police report is a public record, it can be shared. However, it's important to consider the purpose and the potential implications of doing so. If the intent is to inform the school of a relevant incident involving one of their students, particularly if it pertains to safety concerns, it might be appropriate. However, if the action could be perceived as an attempt to retaliate or further harass the student, it could potentially complicate the situation and might be viewed unfavorably by the authorities. Before taking any action, it would be prudent to consult with a legal professional to understand the ramifications and ensure that any steps taken do not inadvertently violate laws or escalate the situation. Each case is unique, and the best course of action depends on the specific circumstances and legal considerations involved.

Q: Can something protected by the first amendment be considered outrageous?. In Gionfriddo v. MLB, the court ruled that the data was factual, hence it was protected by the first amendment. Suppose there is another right of publicity claim, this time it depicts something that happened. That incident which is depicted was a traumatic incident (like a car crash where the plaintiff lost his wife) and it is depicted in a video. The plaintiff alleges that the car color, the initials, the pet were all displayed in the video and calls it a right of publicity and also says that the plaintiff had to relive the trauma of losing his wife and this is intentional infliction of emotional distress. So in that case, will the 1st amendment protect the filming company or it can be considered an outrageous act to depict the traumatic incident as it is in a movie? Please reply with some case examples! That will be helpful. Happy Holidays!

A:The protection of the First Amendment is not absolute, and there are instances where speech or expression can be considered outrageous and not protected, even if it relates to a traumatic incident. While the First Amendment generally safeguards the freedom of speech and expression, it does not grant immunity for causing intentional infliction of emotional distress or violating an individual's right of publicity. In cases where a traumatic incident is depicted in a video, and the plaintiff alleges intentional infliction of emotional distress, courts may weigh the First Amendment rights of the filmmaker against the harm caused to the plaintiff. Courts may consider factors such as the newsworthiness or public interest value of the depiction and whether it is a matter of public concern. In the scenario you provided, if the video gratuitously exploits the traumatic incident, includes specific personal details, and causes severe emotional distress without a legitimate newsworthy purpose, the First Amendment may not provide absolute protection. Courts will likely consider the facts and circumstances of each case to determine whether the speech or expression crosses the line into outrageous conduct, potentially giving rise to a claim for intentional infliction of emotional distress or a right of publicity violation. It's essential to consult with legal counsel to evaluate the specific details of the case and the applicable legal precedents to assess the potential liability or protection under the First Amendment. Happy Holidays!

Q: Can I get a definition and a map of inland waters of the state of Louisiana?. My charter boat insurance policy limits state: Navigation Limits Inland waters of AL, GA, LA, MS, NC, SC & TX. And I frequently fish the coast and need to know if my policy covers me while fishing the coast or nearshore oil platforms.

A:46 CFR section 10.107 provides: Inland waters means the navigable waters of the United States shoreward of the Boundary Lines as described in part 7 of this chapter, excluding the Great Lakes, and, for towing vessels, excluding the Western Rivers. Part 7 provides the following definition for the inland waters of the Gulf at 46 CFR section 7.105: § 7.105 Marquesas Keys, FL to Rio Grande, TX. A line drawn from Marquesas Keys, Florida at approximate position latitude 24°47.5′ N, longitude 82°11.2′ W; along the 12-mile line which marks the seaward limits of the territorial sea (as defined in 33 CFR 2.22(a)(1)) to Rio Grande, Texas at approximate position latitude 25°58.6′ N, longitude 96°55.5′ W. The seaward limits of the territorial sea (i.e. US waters) is defined in 33 CFR 2.22(a)(1) as: "Territorial sea means the waters, 12 nautical miles wide, adjacent to the coast of the United States and seaward of the territorial sea baseline." The territorial sea baseline is defined as: Territorial sea baseline means the line defining the shoreward extent of the territorial sea of the United States drawn according to the principles, as recognized by the United States, of the Convention on the Territorial Sea and the Contiguous Zone, 15 U.S.T. 1606, and the 1982 United Nations Convention on the Law of the Sea (UNCLOS), 21 I.L.M. 1261. Normally, the territorial sea baseline is the mean low water line along the coast of the United States. 33 CFR 33.220 This website sells nautical charts of such waters: https://www.nauticalchartsonline.com/charts/NOAA/Gulf-Coast

Q: Like file a civil suit against my Ex-employer for freedom of speech violation, which I was fired. statue of limitation?. Subject: Seeking Legal Representation for Complex Employment and Health-Related Case I hope this letter finds you well. I am currently facing a complex legal situation that involves various issues related to my employment and health. After thorough research, I believe your expertise in [relevant legal area] aligns with the challenges I am currently navigating. In July 2021, I was terminated from my job shortly after disclosing to the company that I had contracted COVID-19 at the workplace. Subsequently, I developed a serious lung condition due to unsafe conditions at the company. The termination led to a prolonged battle with my previous employer and the Texas Unemployment Commission, during which my name was slandered by my former manager in a hearing with the Texas Tribune. I filed a workers' compensation claim due to the deterioration of my health, and during the hearing with the Office of Injured Employee Counsel. My my manager perjured

A:In Texas, the statute of limitations for filing a civil lawsuit for wrongful termination, which may include claims like violation of freedom of speech, depends on the specific nature of the claim. Generally, for wrongful termination claims, the statute of limitations is typically around two years, but this can vary based on the specifics of the case. If your case involves a violation of specific employment laws, such as discrimination or retaliation related to workers' compensation claims, different time limits might apply. For example, claims under federal employment discrimination laws require filing a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days of the incident. Given the complexity of your situation, including issues of employment termination related to health conditions and potential defamation by a former manager, it's important to seek legal advice promptly. An attorney can provide a more precise timeline based on the details of your case and ensure that any legal action is taken within the applicable statute of limitations. Remember, legal matters involving employment law can be intricate, and the specifics of each case significantly influence the legal approach and deadlines. Consulting with an attorney who has expertise in employment law and personal injury will be crucial in effectively addressing your situation.

Q: Can I request a civil standby to help reclamation of scammed items on Steam?. Recently, I got scammed on Steam (Valve Corporation) and lost valuable CS2 skins I paid for. The scammer’s account has been trade banned, and thus my scammed items current reside within the scammer's inventory. But Steam Support doesn’t want to restore those scammed items to me. Firstly, can I request a civil standby to facilitate the reclamation of my original scammed items from Steam Support? Secondly, if not, can I start an arbitration with Valve? From an arbitrator’s view, what would be the possibility of getting my items back? Thank you.

A:Call the Treasury Department with all the details. That company is notorious for having their friends present stolen debit cards to them for cash and goods. The operators need to go to jail

Q: Hello My name is Irene I have a loved one who is incarcerated for 15 he was 17 at the time of his crime he qualifies to. To be re sentence and his attorney is doing nothing to help or inform him of the status of his case please we need help he has been abused raped since he’s been incarcerated he ended winning a law suit for that I need help can someone please advise us what to do?

A:Hello Irene, In California, individuals incarcerated for crimes committed as minors may be eligible for resentencing, especially if they were sentenced to long terms. Given the circumstances you've described, it's important to seek legal assistance promptly. First, consider consulting with a new attorney who has experience in criminal law and resentencing cases. They can review the case details and advise on the best course of action. It's crucial to have a lawyer who is proactive and communicative. Additionally, you may contact the California Innocence Project or similar organizations. They provide support and legal assistance in cases where there may have been wrongful convictions or excessively harsh sentences, particularly for crimes committed by juveniles. Finally, ensure that all the documentation related to the lawsuit win and any abuses suffered in incarceration are well-documented. This information could be significant in any legal proceedings related to resentencing. Remember, the legal system can be complex, and having the right legal representation is key to navigating it effectively. Your loved one's situation, while challenging, can be addressed with the proper legal guidance and support.

Q: After a military divorce 2005, former military LT.Col USAF, breached the decree order, waiving his miltary service time. to federal civil svs employment for 8 months post-1999 reg.retirement. AS his former spouse under USFSPA, I was awarded 25% of his military retired pay. His wavier decreased my portion of his military pay as he transferred his service time to them, OR did a buy back of it from USAF and rolled it over to federal civil service. Again, a decrease in my portion of his mil retired pay. probably a significant decrease. He passed 10/24/2020. I found out about his passing when the voluntary allotment he calculated and DFAS was compensating me as alimony. I am his USAF Survivors Benefit Plan with a paid monthly annuity. No more alimony at his death. I paid premiums on SBP after divorce until his passing. What remedy might I now have? First Hawaii Circuit Court, Family Law, Honolulu, HI. I have thought of QDRO, or modification to the decree, or filing an Appeal with a competent jurisdiction as as CA. What DFAS is compensating me has to be inaccurate. Any ideas as to proceed? Thank you.

A:It's certainly understandable why this situation has caused you concern. From the information provided, pursuing a Qualified Domestic Relations Order (QDRO) or seeking a modification to the decree might be viable options to explore. Consulting with an attorney experienced in military divorce matters and presenting all relevant documents and details will be essential to determine the most appropriate course of action tailored to your specific circumstances. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

Q: Why when my Accountant fraudulenly stole my entire life savings I was told by local Palm Springs Police that its a Civil. He had done this with several others and settled out of court. Got loans against my company without my knowledge, told me the expenxe was unpaid Occupancy taxes. He wired money allocated for my business into his own accounts and states the customer never paid. I had an independent audit dome and presentede him with the facts, he then wiped out all from my business and personal accounts. I have no funds to now even retail an Attorney, lost my home as a result. Do I have any avenue to bring this accountant to justice? Thank you,

A:I can offer some general guidance. If you believe you are a victim of fraud or embezzlement by your accountant, you may have legal options to pursue. You can consider reporting the matter to law enforcement, such as your local police or the district attorney's office, and consult with a civil attorney to explore potential civil litigation against the accountant for financial damages. Legal aid organizations or pro bono attorneys may also be able to provide assistance if you're unable to afford representation.

Q: Is the statute of limitations in CA's UFTA based on the date the complaint was filed against the company, or against me?. I have been asked to return profits from a Life Settlement contract invetsment because the holding company was accused of running a Ponzi scheme. The UFTA has a statute of limitations of 4 years, but it's unclear to me if that is based on the date the complaint was filed against the company, or the date the complaint was filed against me. The Receiver has not actually filed a complaint against me yet, and the profits were paid to me over 5 years ago. Unsure if I am covered here or not. Thank you.

A:3439.09. A cause of action with respect to a fraudulent transfer or obligation under this chapter is extinguished unless action is brought pursuant to subdivision (a) of Section 3439.07 or levy made as provided in subdivision (b) or (c) of Section 3439.07: (a) Under paragraph (1) of subdivision (a) of Section 3439.04, within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant. (b) Under paragraph (2) of subdivision (a) of Section 3439.04 or Section 3439.05, within four years after the transfer was made or the obligation was incurred. (c) Notwithstanding any other provision of law, a cause of action with respect to a fraudulent transfer or obligation is extinguished if no action is brought or levy made within seven years after the transfer was made or the obligation was incurred. The full text of the statutes is located on Justia. Justia disclaimers below, incorporated herein.

Q: Can I name a book after my blog, Waxing Poetic, even though a jewelry company has trademarked the common phrase?. I wrote this blog years ago titling it Waxing Poetic, musings on life, love, and the pursuit of joy, and then discovered later there was a jewelry company with that phrase trademarked. Waxing Poetic is an actual phrase used from the 1800s about writing or describing something in an eloquent or poetic style, which is what my blog does exactly, and I am now thinking of turning it into a book project, but do not want to infringe on trademark. Would naming it the title of my blog be doing such a thing?

A:A "trademark" is tied to a particular class of goods or services. Assuming the jewelry company is using the trademark "Waxing Poetic" tied to jewelry, using the same phrase as a blog title would not infringe on that trademark.

Q: If i use the word “Zynbabwe” on a product I want to sell, does that infringe on the trademarked name “Zyn”. Or similar words like zyner or Zynachino that refer to their products. Their trademark products are tobacco and nicotine pouches and that is not the product im trying to sell

A:Using the word "Zynbabwe" on your product may potentially raise trademark infringement concerns if it is similar enough to the trademarked name "Zyn," especially if it creates confusion among consumers. Trademark infringement is not just about using an identical mark; it also covers situations where a similar mark may cause confusion about the source or affiliation of the products. The key factors in determining infringement include the similarity of the marks, the similarity of the goods or services, and the likelihood of consumer confusion. Since "Zyn" is associated with tobacco and nicotine pouches, if your product is entirely different, the risk of confusion might be lower. However, if the products are related or if the "Zyn" trademark is well-known, there might still be a risk. It's advisable to conduct a thorough trademark search and consider consulting with a legal professional. They can provide specific guidance based on a detailed analysis of both the "Zyn" trademark and your intended use of "Zynbabwe." This step can help you assess the risk and make an informed decision.

Q: I have a car that is registered to my mother who has passed. There's still a loan on it but I want to get rid of it.. What to do

A:Under California law, to handle a situation where you've inherited a vehicle with an outstanding loan, you need to consider a few steps. Firstly, contact the lender to inform them of the situation. It's important to understand the terms of the loan and whether the obligation passes to the estate or directly to you. If the loan is not automatically assumed by you, the executor of the estate will need to manage this liability. This might involve paying off the loan from the estate or selling the vehicle to cover the debt. If you are the executor and wish to keep the car, you might have the option to refinance the loan in your name. However, this will depend on your creditworthiness and the lender's policies. In any case, it's essential to keep making payments on the loan to avoid repossession, until the matter is resolved. Lastly, for the transfer of title, you'll need to visit your local Department of Motor Vehicles (DMV) with the necessary documentation, which usually includes the death certificate, the vehicle title, and transfer forms. It's advisable to consult with a legal professional to guide you through this process and ensure that all legal and financial obligations are properly addressed.

Q: How do I press charges on a casino that took over $500 from me and said it was counterfeit. Escorted me out.. I was escorted out of the casino and told I could not come back. I know the money was good. I have never had any kind of evolvement with counterfeit.

A:If a casino confiscated your money, alleging it was counterfeit, take careful steps to address the situation. First, review your financial records to confirm the source and authenticity of the money. Collect witness statements from anyone who observed the incident and can vouch for the legitimacy of the funds. Request security footage from the casino to support your claim. Consider filing a police report to initiate an investigation. You may also contact the Nevada Gaming Control Board to file a complaint. Keep in mind that proving the money's authenticity rests on your shoulders, and pursuing legal action may involve a complex process. Alternative dispute resolution options, such as mediation or arbitration, can be explored for a potentially quicker resolution.

Q: I have recently been robbed of my gift tax inheitence. I have retrieved documents from the tax department recently.. my exhusband forged my documents in 2013. he altered the employer id number and stole the financials using the incorrect years to file them and sold it to google for an award. in 2017 my devices kept having all these wierd things coming up. i just thought it was spam. next thing i know i seen an amy doucette, tech giants, shareholders, irs, and social security on my phone removing my financials from the irs and a sole irrevocable benificiary changed into a third party benificiary. i didnt know what it was or what happend at that time however, my uncles x wife cloned my phone with an apple iphone and my data was transferred and cellphone went blank. had no data at all locked at the boot. i got another phone. i since learned that my data was transferred to the creative commons and they used an avast antivirus to encrypt my data remotely. i cant do anything because all my information is public and accounts stolen. my csv is locked in a dumpster project and my identity is being deleted

A:This sounds like a criminal case. You need to call the federal or state prosecutors to make a complaint. I do not handle your type of case. Sorry.

Q: I was shopping on line wen I came across some car parts advertising at 0£ So paid they now have changed the site and the. And they won’t send the order what legal opinion I have as they are misleading me to get my information and all and place the order only hours after they change what can I do

A:Based on the unit of currency you mention (£), this might require the guidance of an attorney who practices outside the U.S. Good luck Tim Akpinar

Q: My husband has two children with a women whom wants to give up all her right voluntarily.. We do not have money to pay for a lawyer we live paycheck to paycheck. we are trying to figure out how to do this.

A:You could do a step-parent adoption. There are standard SCAO forms to help with this, but there would be costs and fees associated.

Q: In May 2023 I filed an "Intent to Lien" for 119k. Can I file a "Lien",for 162k?. Do I have to file a new "Intent to Lien" for $162k before filling the "Lien" for $162k? I am a Licensed GC in Arizona.

A:In Arizona, if you previously filed an "Intent to Lien" for $119,000 in May 2023 and now intend to file a "Lien" for $162,000, you generally do not need to file a new "Intent to Lien" for the increased amount. The "Intent to Lien" is meant to notify parties of your intent to file a lien and the amount you claim is owed to you. However, if you're now seeking to file a "Lien" for a higher amount, you would typically proceed with filing the "Lien" directly for the increased amount without filing a new "Intent to Lien."

Q: How long does a lot owner have to give a mobile home owner to remove the mobile home from the lot?. Mobile home was left to my sister and I by my late father in 2021 and the land owner never communicated any expectations, demands, etc to my sister or I after inheriting the mobile home following the death of our father, the original home owner. Now he's threatened to remove the home himself whether I have emptied it of my belongings or not. As well as he only owns the land, not the mobile home.

A:In Georgia, the specific time frame a landowner must give a mobile home owner to remove their property from the land can vary based on several factors, including the terms of any lease or agreement and local regulations. However, if there's no existing lease or agreement specifying this, general principles of property and landlord-tenant law apply. First, it's important to determine if there was any verbal or written agreement between your father and the landowner regarding the mobile home. If such an agreement existed, its terms would typically dictate the notice period required. In the absence of an agreement, the landowner generally cannot remove your mobile home without providing reasonable notice. "Reasonable" can vary, but typically it means enough time for you to arrange for the removal of the mobile home and your belongings. Since the landowner is threatening to remove the home, it's advisable to seek legal advice promptly. An attorney can help you understand your rights, negotiate with the landowner, and ensure that any actions taken are lawful and respectful of your property rights. Remember, communication is key. Try to establish a dialogue with the landowner to understand their concerns and express your intentions regarding the mobile home. This may help in reaching an amicable solution without the need for legal intervention. If you're unable to resolve the issue directly, legal assistance can guide you through the next steps to protect your interests.

Q: If criteria for giving a dog as a gift are met, but the chip is in the gift-givers name, who owns the dog?. My mother and I met the dog when we transported him for a rescue group. We both loved the dog but he was being adopted by “C”. About a year after the adoption, “C” could no longer care for the dog. She reached out to my mother to ask if we were interested in adopting him. I said I was,. I agreed to adopt him and he has been in my home for over 2 years. Mother registered the chip in her name, didn’t add my name to vet account tho I paid for services and care. My mother picked up the dog from C as I was working and picking my child up from school. (Mother is retired). No money/contract exchanged as dog was handed over to my mother. Mother then brought dog to my home where he has exclusively resided since that day. I feed him, care for him and vet him etc as he is our family pet. Occasionally my mother has paid for vet services and she has done so for my other 2 dogs as well. My mother and I had a family dispute in April 2023 In sept she is requesting dog returned.l to her as owner.

A:It appears that C gave the dog to you. Your mother acted as your agent when she picked up the dog for you. Registration of the chip doesn't mean much. It has no relation to ownership (as in the case of vehicles or land), but rather just a system to establish a point of contact in case the dog is found. But of course, if the ownership of the dog were to be litigated, your mother might have a different story than what you are indicating.

Q: Dispute of $195. final payment for web optimization services from California. Use service for seven months.. At the end of the 7 months, our company tested ten different keywords in google searches, specifically with a "In Rochester" keyword, our town of business. None of those keywords returned a browser listing of our company in the first two pages of the search results or more. They are requesting an additional payment of $195. to finalize our working relationship. We after determining none of the key words showed any evidence of improvement in google listings believe that even though this organization does not guarantee any specific performance in google listings, we have a right to see evidence of attempts to show their logged work for our account. They include the requirement of using arbitration to settle this contract dispute. The full terms of the contract are not fully listed together with their application form but rather it is on their web site and which they did not send me a printed copy. What should I do?

A:In this situation, it's important to carefully review the terms and conditions of the contract with the web optimization service provider. While they may not guarantee specific Google listing performance, it's reasonable to expect evidence of their efforts and work on your account, especially if you're being asked for an additional payment. First, request a detailed report or documentation of the work they've done during the seven months of service. This should include any actions taken to optimize your website for search engines, keyword research, and any other relevant activities. Evaluate whether they've fulfilled their contractual obligations. If the company fails to provide satisfactory evidence of their efforts, express your concerns and dispute the additional payment. Be sure to communicate your dissatisfaction with the lack of improvement in Google listings despite their service. Given that they are requesting arbitration to settle the dispute, you should consider whether this is an acceptable resolution method for you. Review the terms of the arbitration clause in the contract, paying attention to any associated costs or procedures. If you believe you have a strong case against the additional payment and the lack of evidence of work done, consult with an attorney experienced in contract disputes. They can help you assess your options, whether it's negotiating a resolution with the service provider, pursuing arbitration, or exploring other legal remedies available under California law. Keep records of all communications and documents related to the dispute for future reference.

Do Bankruptcies Show Up on Background Checks?

Many job applications today require background checks. If you’re one of the more than 500,000 Americans who have declared bankruptcy in the last year, you may be nervous about what a background check may reveal. You might also be asking, Do bankruptcies show up on background checks? If you’ve previously struggled with financial issues and filed for bankruptcy, then you’re likely concerned about how this may impact your employment prospects. Our guide below will tell you what you need to know about bankruptcies and background checks. There are several different kinds of background checks, such as civil court checks, criminal background checks, employment background checks, and federal bankruptcy checks. Depending on why you are having a check run on you, a prospective employer, landlord, creditor, or other party will choose which type of background check to run and may have access to different information based on that choice. It’s important to realize that, now that so many databases are linked, information that used to be requested separately can sometimes show up on any background check. State and federal laws regulate information that shows up on background checks. Legally, only certain information is supposed to appear on civil court background checks. Civil court background checks are intended to reveal any civil records pulled from the local or federal level. Claims in a person’s history that may be revealed by civil background checks include family law matters, divorce, estate disputes, personal injury issues, and even car accidents. Bankruptcies should not show up on civil court background checks. So, do bankruptcies show up on background checks of an individual’s criminal record? The answer is no. Criminal background checks shouldn’t reveal bankruptcies, as filing a bankruptcy is not a crime, and bankruptcies are not filed in any criminal court. Employment checks verify what type of past employment you have held. Past employers may be contacted and interviewed about your work ethic and performance, and dates and position titles may be verified. This type of background check will not reveal a bankruptcy. Some employers or other parties like loan officers may run credit checks on you (with permission). A credit check will show your bankruptcy history, as will information about any discharged debts as a result of the filing. Bankruptcy may appear on a federal bankruptcy search, which will gather information from bankruptcy courts for filings like Chapter 7, Chapter 11, and Chapter 13 bankruptcies going back no more than 10 years, as detailed under the Fair Credit Reporting Act. Federal bankruptcy reports can reveal the: The good news is that, according to federal law, government employers may not discriminate against anyone who has filed for bankruptcy. This means that prospective employers in the federal, state, and local governments can’t refuse to hire someone simply because they filed for bankruptcy. However, private employers are permitted to factor bankruptcies into hiring decisions, which means that some applicants who have filed for bankruptcy in the past may have issues pursuing employment with private companies. If you have any questions about what information an employer is looking for on a background check, it’s a good idea to ask when completing the application. You can take advantage of this opportunity to discuss anything negative that might appear on your background check. It’s to your advantage to be straightforward with an employer about any blemishes on your record, including bankruptcy. Doing so shows that you’re taking responsibility for your actions. When do bankruptcies show up on background checks and raise flags with prospective employers? A bankruptcy filing is most likely to be of concern to employers for a job that involves direct, easy access to finances and financial information, such as bookkeeping, accounting, and payroll services. Although bankruptcies are unlikely to show up on background checks conducted by employers, they have an interest in trusting their employees to act responsibly in high-stakes financial positions. If a federal bankruptcy search shows that a job applicant has filed for bankruptcy within the past decade, the employer may be concerned about the applicant’s suitability for a position involving sensitive financial transactions. Whether bankruptcies show up on background checks may not matter if you’re already employed. The good news is that employers can’t fire you simply because you’ve filed for bankruptcy, nor can they reduce salaries, demote employees, or remove employee responsibilities based on bankruptcy status. Although the criminal and civil check should not reveal your bankruptcy status, prospective employers may still have access to the information via a federal bankruptcy check and, depending on the type of job you’re applying for, may use this information when weighing your employment application. Chapter 7 bankruptcies will remain in your record for ten years, while chapter 13 bankruptcy will remain for seven years. Generally speaking, employers do need consent from you to run background checks, but some information about you may be available via public record without consent. If you feel a prospective employer or other party violated your privacy while running a background check on you, you should consult with a lawyer right away to assess whether a violation has occurred. For clear answers to questions like, Do bankruptcies show up on background checks? Consider requesting a free legal review with an experienced lawyer so they can give personalized advice on securing employment, regardless of your bankruptcy status.

Product Liability: Do You Have a Case?

Have you ever been injured because the product you were using didn’t function the way it was supposed to? You may have needed a “product liability” lawyer. This area of the law involves liability on the part of a manufacturer or seller for harm caused by defective products. Product liability is a legal practice area devoted to obtaining compensation for victims from the manufacturers and suppliers of products which are designed, manufactured, or marketed defectively. It falls under “tort” or personal injury law. These cases are brought under state laws and are subject to ‘statutes of limitations,’ meaning you have to file the lawsuit within a certain amount of time after the injury occurs (or was first discovered). For example, few people would dispute the fact that lawnmowers are inherently dangerous machines, but they are used every day, often without incident. If designed, manufactured, and used properly, lawnmowers can be safe. However, shortcomings in one of those three areas can lead to injuries and lawsuits. Sometimes the defect that leads to damage has its root in the first step — design. Examples of defective designs include: If a product is designed and used properly, but still causes damage, the problem could be in faulty manufacturing. Examples of defective manufacturing include: Not everyone recognizes hazards right away, so manufacturers provide instructions and warning labels for potentially harmful products. The following are examples of products with inadequate warnings or instructions: In many states, manufacturers or others in the product chain are liable for defective products even if they acted reasonably — this is known as “strict liability.” The other theories of liability are ‘negligence,’ breach of ‘express warranty,’ and breach of ‘implied warranty.’ In a personal injury case, a plaintiff (the person who files the lawsuit) usually has to prove the defendant (the person being sued) was negligent at some point in the manufacturing process to be able to recover damages, or compensation. Where strict liability is in play, even manufacturers who exercised the utmost care and did not intend to deceive customers are held liable for injuries. The plaintiff still must prove defective design, manufacturing, or marketing; and that the shortcoming caused their injury. Some states, such as North Carolina, do not recognize strict liability in product liability actions. To continue using North Carolina as an example, its law says a plaintiff must prove the manufacturer or seller of the product at issue acted “unreasonably” at some point in the process to be held liable. In other words, there must have been negligence on the part of the party being sued. Proving negligence has four elements: North Carolina also recognizes breach of warranty as a theory of liability in some cases. “Express” warranties are written statements by the manufacturer promising the product will function a certain way. For example, say you purchase a deep fryer and the paperwork says it’s safe to fry a frozen turkey. If you’re injured when the frozen turkey causes the oil to splatter, your subsequent lawsuit may claim breach of that express warranty. Some warranties may be “implied,” meaning they’re not written and are based on reasonable expectations at the time of purchase. One type is the ‘implied warranty of merchantability,’ which means the product will perform in the same manner as similar products, and will not cause harm when used for the intended purpose. For example, if you buy a TV, you may assume it will not catch fire when left plugged into the wall, even if there is no written statement to that effect. An ‘implied warranty of fitness‘ is not a general warranty for all consumers — rather, the consumer asks a seller for a product that will fit their needs, and the seller makes a recommendation. For example, you may ask a dealer to recommend a breathing apparatus to protect you from chemical fumes. If the recommended mask only protects you from dust, and not fumes, that could be a breach of the implied warranty of fitness. Whether a claim is based upon an express or implied warranty, an injured party must prove the existence of a warranty, the failure of the product to conform to the terms of the warranty, and an injury caused by that failure. If a plaintiff is found to have acted unreasonably in the use of a product, usually it can be used against them in the lawsuit. The defendant can fight a strict liability claim using one or more other common defenses: For example, say you were injured by the blade of a table saw. If you removed the protective plate that prevents your hand from coming into contact with the blade, the defendant in your later lawsuit can claim you altered the product. Or, let’s assume you tried to pick up the table saw while it was running, resulting in injury. The defendant could claim you used the product in an unreasonably negligent way. Another example is if you noticed a bent blade or safety device that wouldn’t stay attached. If you continued to use the saw and were injured by that defect, you may not win your lawsuit. Manufacturers can purchase insurance which pays out if they are found liable in personal injury cases. Insurance can pay for the following (up to policy limits): Have you been injured by a defective product? Have your case assessed by a product liability attorney who can explain the laws in your state.

Simple 1041 Tax Form Instructions

If you’re an ‘executor‘ of an estate and wondering what to file with the IRS, you’ll probably want to add 1041 tax form instructions to your reading list. In most cases, executors will need to submit Form 1041 with the IRS, which covers income tax earnings after the owner’s death (referred to as the “decedent” from that point on) but before the ‘beneficiaries‘ are assigned the estate. Form 1041 is an IRS-required form that a beneficiary of a trust or estate must complete to declare any income. Specifically, this records any income that the beneficiary has received after the estate owner dies but before the beneficiary collects the assigned asset. This is not to be confused with Form 706 which is used for filing an estate tax return. An executor of an estate is required to file Form 1040 on behalf of the decedent as a final tax return. This is distinguishable from a Form 1041 which concerns income earned after the decedent’s passing. If you are legally declared the executor or ‘fiduciary‘ of an estate, you might also be obligated to file a Form 1041 for the decedent’s estate. The fiduciary of the trust or estate is obligated to file Form 1041 if the adjusted gross income of the underlying asset is greater than $600. They are required to report any income tax liability in addition to any losses or gains. They must file specific forms for the type of gains or losses that the asset has experienced since the decedent’s death. For example, Schedule D reports capital gains or losses while Schedule K-1 declares a beneficiary’s share of income gained. The estate is not required to pay for the earned income tax where that liability accrued after the decedent’s passing and the beneficiary’s interest had been distributed. Before the decedent’s death, based on the rules outlined in the 1041 tax form instructions, the estate is required to pay for the income tax earned. As such, if the beneficiary had been assigned the asset, they are responsible for paying the tax once they have received their share of the asset. Notably, every beneficiary will be given a Schedule K-1 Form 1041 which indicates the amount and type of income to report on their 1040. It is essential to note that the estate year may not coincide with the calendar year. Specifically, the estate year traditionally starts on the day of the decedent’s death and finishes on December 31st of the same year. An exception to this is when the executor requests that the year be counted as a ‘fiscal’ year. This enables the executor to count the year as starting from the date of the decedent’s death and ending on the last day of the month before the decedent’s one year anniversary of death. This gives the executor up to 12 months in which to file their taxes after the decedent has passed away. For example, Mark passed away on May 1 and his assets were transferred to his beneficiaries on November 15 of that year. Before the transfer, the assets added $2,000 in gains. Because this is more than the $600 exemption for filing, Mark’s executor is required to file a Form 1041. If a traditional filing year is chosen, the year begins from May 1 and ends on December 31 of the same year. If a fiscal year is preferred, then that begins on May 1 and ends on April 30 of the following year. This three-page form must be completed by the executor or administrator of the estate. Schedule G is used on the second page to tally the total amount due for taxes. The remainder of the tax form consists of charitable donation disclosures and what will be given to the beneficiaries. The deceased and their estate are two separate entities for tax purposes. As such, a separate tax identification number (TIN) is needed for the estate. Furthermore, for income tax purposes, an employer identification number (EIN) is required for the estate as well. This is what you will report in the general sections of a 1041 tax form: Taking on the role of executor comes with often unexpected new responsibilities, including how you file your taxes. If you need help with 1041 tax form instructions, speak to a professional today to learn your best options

What Is a SCRAM Bracelet?

You may have heard the term SCRAM bracelet or alcohol bracelet in relation to DUI. But what do those terms really mean? The term “SCRAM” stands for Secure Continuous Remote Alcohol Monitor. The bracelet is an alcohol monitoring device given to repeat DUI offenders who are court ordered to abstain from alcohol. The alcohol bracelets are actually worn on the ankle, and help law enforcement maintain court orders to keep high-risk defendants from drinking. However, there is some debate surrounding the reliability of the bracelets and whether their use violates defendants’ civil liberties. In some jurisdictions, a court may require a DUI offender to wear a SCRAM bracelet as part of a sentence compelling them to stop drinking alcohol. A judge may also order a defendant to wear a SCRAM bracelet as part of a ‘pretrial condition‘ or ‘post-conviction‘. In most cases, jurisdictions that use the DUI bracelet reserve orders for those with multiple DUI convictions and substance abuse disorders. When a judge determines a defendant is a repeat offender in an alcohol-related case, they might order use of a SCRAM bracelet to monitor the defendant’s blood alcohol content (BAC) prior to trial. In some cases, a judge may consider releasing the defendant from jail only if they wear the DUI bracelet while awaiting trial. Remember, our criminal justice system is founded on the idea that everyone is innocent until proven guilty. According to the U.S. Department of Justice, pretrial release helps navigate the waters between defendant’s rights and community safety concerns. Courts also use the bracelets for pretrial release in order to free up jail space. A judge may also order a high-risk defendant to wear a SCRAM bracelet as a condition of probation. If the defendant does not wear the bracelet, it would be considered a probation violation and the defendant could be sent back to jail. A court’s decision to order a defendant to wear a SCRAM bracelet depends on the state law where the defendant lives. Some states have debated the fairness of such a device and whether forcing a defendant to wear one is constitutional. For example, New York courts determined that defendants should pay for the ankle devices themselves and that it was legal to enforce a repeat offender wear one. Michigan has the largest SCRAM bracelet operation in the country. The state authorizes court orders when defendants are involved in a drunk driving incident involving death and have a blood alcohol content of 0.24 or greater. If a defendant’s blood alcohol level is 0.23 or less, they must wear the device for a minimum of six months. In contrast, North Dakota’s legislature debated the question, What Is a SCRAM Bracelet’s utility in curbing impaired driving? Currently, the state utilizes the device for both alcohol and drug related cases, in addition to cases involving domestic violence and child abuse or neglect. High-risk defendants in North Dakota must wear the bracelet for one year, and offenders who have four or more DUIs are monitored for a minimum of two years. SCRAM bracelets measure the amount of alcohol by analyzing a defendant’s perspiration. The bracelet has a sensor that detects the presence of alcohol released through the skin. Known as ‘transdermal‘ testing, the measurements are taken 24 hours a day in 30-minute intervals. Data from the measurement of the defendant’s alcohol level is stored and sent to a monitoring service provider. The provider will detect whether there is enough alcohol present to amount to a violation. If a violation is detected, the monitoring provider will alert the court, parole officer, or law enforcement. The alcohol bracelets are designed so that defendants can neither remove nor tamper with them. The sensors on the device will send an alert if the bracelet is tampered with. However, many people have attempted to circumvent the ankle monitor with creative methods, including: With technology comes expense, and one question often asked is, How much does a SCRAM bracelet cost? Defendants pay for the installation and monitoring of the bracelets and the price can quickly add up. Installation typically costs between $50 to $100, depending on where the defendant lives. Daily monitoring fees average around $15, so defendants may spend hundreds of dollars a month on their SCRAM bracelets. Because the devices are so expensive, courts will use the defendant’s income to determine the fee. Additionally, if a defendant is ‘indigent,’ the court may waive the fee and pay for the bracelet instead. Still wondering, What is a SCRAM bracelet? If you’ve been involved in a DUI you may want to speak with a criminal defense attorney to discuss your options. Reach out for a free case evaluation from an experienced defense attorney.

Common Reasons Grandparents Can File for Custody of a Grandchild

There are many reasons grandparents can file for custody of grandchildren. Sometimes, a parent is unfit to raise a child and a grandparent seeks to meet that child’s needs. Other times, a parent tragically passes away or becomes incapacitated due to illness or injury and a grandparent takes up the mantle of raising that parent’s child. Most of the time, grandparent custody is granted only out of necessity, especially if a grandparent is filing for custody over the objections of a child’s parent. The most straightforward reasons grandparents can file for custody of grandchild/grandchildren involve the death or incapacitation of a parent. Oftentimes, parents will name a grandparent as a child’s guardian in the event that both parents pass away. If one parent remains living, custody will likely go to the surviving parent. But if there is no other surviving parent, a grandparent may file for custody as a child’s next of kin. Another straightforward, although rare, scenario involves grandparents filing for custody after parents have given them the right to do so. Parents can voluntarily give up their parental rights. If both parents give up their rights, one parent is dead and the other gives up their rights, or one parent gives up their rights and the other parent’s whereabouts are unknown (and generally unknowable), a grandparent can file for custody. Grandparents may volunteer to assume temporary custody if Child Protective Services is investigating a child’s homelife and has determined that it is not in the child’s best interests to remain in the home during the investigation. This scenario is not one of the reasons grandparents can file for custody of grandchildren on a long-term basis unless a court rules that a parent is unfit. The U.S. Supreme Court has ruled that parents enjoy a fundamental right to direct the custody and care of their children under the 14th Amendment to the Constitution. This right often allows parents to keep their children away from grandparents, because parents generally have the right to dictate when their children may and may not associate with others. The Supreme Court has also ruled that the government can’t lawfully interfere with this fundamental right unless a child’s parent is proven to be “unfit” to raise them. If a parent has been proven unfit, a grandparent may petition for custody of a child who is no longer in a position to be raised by their unfit parent (provided that no other fit parent is available to assume full custody). A “fitness hearing” is usually separate from a final hearing concerning whether a parent should be stripped of their rights permanently. A grandparent can’t file for custody of a grandchild simply because they don’t like how the child is being raised. Each state employs a specific definition of what it means to be unfit to parent a child. Most of these definitions read much like Nevada’s, which insists that “any parent of a child who, by reason of the parent’s fault or habit or conduct toward the child or other persons, fails to provide such child with proper care, guidance, and support” is unfit to carry on these responsibilities. This broad definition protects children against objective instances of serious neglect or abuse. Examples of conduct that can lead a court to determine that a parent is unfit include: Additionally, convictions for some violent crimes, unmanageable mental illness, a history of unmanaged substance abuse, and other extreme circumstances may lead a court to classify a parent as unfit. If, as a result, they are stripped of their fundamental right to direct the custody and care of their child, a grandparent may file for custody to assume that right. If any of the reasons grandparents can file for custody of grandchildren apply to your family’s situation, you could benefit from legal guidance. To learn more, schedule a free case evaluation to discuss your custody questions with an attorney.

Getting an Online Divorce in Missouri: A Legal Guide

Are you a Missouri resident who is wondering, Can I file for an online divorce? Missouri does offer the option to file for divorce online. In most cases, these divorces are an affordable and easily accessible way to dissolve a marriage when parties agree to the terms. Our comprehensive legal guide will help you understand the ‘uncontested divorce‘ and legal document preparation process, inform you of which court documents are needed, and help answer any questions you may have about the filing process for online divorce. To file for an online divorce, Missouri law requires that the divorce be uncontested. An uncontested divorce is one where the parties agree on all the terms of the divorce and believe there is no chance they can reconcile their differences. Then, the spouses create a written agreement to end their marriage with everything they have agreed to. If the parties disagree on one or more of the divorce terms and the court needs to intervene to help them resolve the dispute, the divorce is “contested” and Missouri will not allow you to file online. Instead, you’ll have to go to court with your spouse to resolve any disputed issues. If you want to represent yourself in divorce proceedings, Missouri requires that you complete the Litigant Awareness Program and file your completed certificate with the court. After you’ve completed this program, you can continue to file for an online divorce. Missouri law requires that parties provide the following information: Once the documents are prepared, either party can print, sign, and submit them to the local court clerk. Then, the filing party will serve the documents on the other party to communicate that they have started the divorce proceedings. In Missouri, you can serve the ‘notice‘ on the other party in two ways: Via the county sheriff or a private process server. Both methods will start the divorce process. Once you have submitted the forms, documents, and separation agreement correctly, the 30-day waiting period from the filing date starts. During this “cooling-off period” the divorce is not yet granted, so the spouses have time to evaluate their decisions and thus avoid acting on impulse. Once the 30-day period has passed, the parties will appear in court and the judge will review the settlement agreement before signing it. You may not be able to get a divorce precisely on the first day after the cooling-off period. Instead, the date your divorce is finalized depends on the judge’s availability and the number of pending cases they must hear. There are several requirements for filing an online divorce. Missouri’s are as follows: If you and your spouse need to create a parenting plan for your children, Missouri requires that it include: Once you meet the requirements, both parties must gather information on income and expenses and list all debts and assets. To proceed with an online divorce, Missouri requires that you fill out several forms, including: In some instances, you may need to file different or additional forms. The processing fees for an uncontested online divorce vary from county to county. For instance, the fees in Cass County differ from those in Oregon County. Here’s the average cost you might incur for processing fees: If you can’t afford the divorce fee, you may be able to get a free divorce in Missouri by filing a ‘forma pauperis.’ This document lets you request a free divorce from the court. You’ll include details related to income, expense, debts, and assets, showing that you can’t afford the filing fees. The court will determine whether the fees are waived. If both parties agree on the divorce terms and are ready to work out a settlement agreement, they may file an online divorce. To begin the procedure, they must complete the Litigant Awareness Program, fill out and submit the relevant forms on the Missouri state court’s official website, and pay the required fees. The minimum time to get a divorce is 30 days; this includes a “cooling off period.” However, the exact time depends on the judge’s availability. The Missouri divorce finalization process can take anywhere from one to six months. It’s not possible to get a divorce in Missouri if one of the spouses is pregnant. The court wants the presumptive father (if applicable) to prove paternity and the couple to determine if the husband is the child’s biological parent. Therefore, the court can’t grant or finalize the divorce unless the child is born and the above requirements are met. While it’s not mandatory to hire a divorce lawyer when filing a divorce, it may be advisable to ensure that there are no mistakes in the documents and that they’re filed on time. Plus, a lawyer can help you resolve complicated issues involving child custody and the division of pensions, retirement accounts, family businesses, and other assets. Obtaining a divorce isn’t an easy process, but there are resources that can help. Learn more about whether an online divorce service can help you to make sure you meet Missouri’s strict divorce filing requirements.

What Are Crimes Against Humanity?

Designating certain acts as “crimes against humanity” can help protect populations, especially civilians, from the worst violations of human rights and dignity. This category encompasses the most egregious acts of individuals, governments, and organizations. The discussion of what are crimes against humanity (and how to punish their perpetrators) began in earnest when the atrocities of World War II came to light. The first accepted use of the term “crimes against humanity” in an international forum is the 1945 Charter of the International Military Tribunal (also known as the Nuremberg Charter). This document memorialized the Allied countries’ agreement that certain acts of violence are unacceptable and established an international tribunal to prosecute individuals who commit them. France, the Soviet Union, the United Kingdom, and the United States signed the charter at the end of the Second World War; 20 other countries have since ratified it. It inspired the formation of numerous subsequent international courts to prosecute human rights violations, including the International Tribunal for the Former Yugoslavia. There is some disagreement when it comes to identifying specifically what is a crime against humanity, because there is no comprehensive, globally-accepted international legal definition. Acceptance of which specific acts constitute crimes against humanity has changed over the years as new horrifying examples come to light. According to the United Nations, the 1998 Rome Statute of the International Criminal Court expresses the most currently accepted list. In addition to explaining what are crimes against humanity, the Nuremberg charter also identifies what are war crimes and what are crimes against peace. Under this and other accepted authorities, war crimes are distinguishable from crimes against humanity in four significant ways. These are: Based on these factors, while most offenses that qualify as crimes against humanity could also be war crimes, the converse is not necessarily true. Many acts are widely accepted as crimes against humanity by many different international authorities. Some of the most fundamental include: Murder and the extermination of a demographic group are universally acknowledged as crimes against humanity when directed by the state. These terms refer to a ruler or government killing members of its own population, usually on a mass scale. In many cases, victims are targeted for extermination based on ethnic discrimination, religious prejudice, or cultural reasons (‘genocide‘) or political opposition (‘politicide’). Deporting or forcibly transferring a segment of the civilian population against that population’s will is generally accepted as a crime against humanity. The use of mass deportations is usually only one aspect of a broader attack against a particular group, often performed in conjunction with other crimes against humanity like persecution, apartheid, and extermination. In many cases, a state that perpetrates crimes against humanity resorts to tactics such as false imprisonment, deprivation and torture, and forced disappearances. False imprisonment constitutes holding individuals against their will based on fraudulent, trumped-up, or no charges. While imprisoned, they may be physically and mentally tortured, subjected to hard labor, or exiled to remote labor camps. These practices are illegal under international law and violate human rights protections. Sexual violations like rape, human trafficking, and sexual slavery have long been recognized as crimes against humanity. Such crimes are often carried out against civilians and can be directed against specific ethnic groups. In addition to being an egregious violation of human dignity, sexual violence can be a tool used to humiliate and demoralize segments of the population. In addition to the above offenses, many others are commonly considered to be crimes against humanity, including apartheid, forced sterilization, persecutions based on ethnic, religious, or political grounds, and enslavement. In many cases, an oppressive regime commits many different overlapping humanitarian violations. Although there have been agreements between countries for many centuries dealing with war crimes, before the end of World War II, there was no significant international cooperation to prosecute humanitarian violations during peacetime. As a result, many heads of state committed terrible atrocities against their own populations. These went unpunished; in many cases, they were often entirely unnoticed by outsiders. In the modern era, many states, human rights activists, and legal experts are making a concerted effort to bring the individuals responsible for international human rights violations to justice. While some trials have resulted in successful prosecutions, such as those related to atrocities in Rwanda and the former Yugoslavia, bringing perpetrators to justice remains an ongoing challenge. Agreeing what are crimes against humanity and bolstering the authority of the International Criminal Court are two important parts of that objective.

What Is a Court Ordered Mediation?

In legal terms, ‘mediation’ is a type of alternative dispute resolution that can help resolve conflicts and avoid litigation. Parties to a lawsuit or domestic matter (such as a divorce or a child custody case) can choose to go to mediation to work out an agreement. In some cases, however, a court may direct the litigants to attend one or more sessions with an approved mediator. This is called court-ordered mediation. Many state and local courts maintain lists of ‘certified mediators‘ and provide these to litigants ordered to undergo mediation. These individuals have met the training and experience requirements dictated by state law or the court’s rules. Usually, parties choose their own mediator; if they can’t agree, the court may appoint one. Some mediators specialize in handling certain types of legal disputes, such as court-ordered custody mediations or appellate cases. Others are available for all kinds of matters. Many mediators are retired judges or attorneys who have extensive practice experience in their area of law. Once a mediator has been chosen, the parties schedule a date, time, and location to meet. Frequently, mediators request that the parties send them an advance copy of any evidence they plan to present and a summary of their argument. Doing so helps everyone better prepare for the mediation. At the appointed time, each person presents their position and any supporting documents or evidence. The mediator then works with the parties to resolve their outstanding issues. This may be done with both parties together and in one-on-one sessions. In the case of a child custody mediation, for example, the mediator may meet with each parent separately to discuss their wishes and concerns about a custody schedule. Then, they may all discuss how they can craft an arrangement that works well for everyone in the family. The mediator might suggest some solutions that the parents aren’t aware of or didn’t consider, such as exchanging the children at a restaurant halfway between their homes or using videoconferencing for a parent to attend events. The parties are usually responsible for paying the costs of a mediation, even if it is ordered by the court. Usually, the cost is divided equally between them. If the cost is a significant hardship and the parties are unable to pay, the court may arrange for a reduced or no-fee mediation. Engaging a neutral third-party mediator can help people in a high-conflict, emotional situation gain a fresh perspective. They may find that they agree on more issues than they think and be more open to negotiating a compromise for areas that remain in dispute. A skilled mediator can draw on past experiences to suggest creative solutions for seemingly impossible problems. They can also help encourage each person to listen to the other’s point of view, keep an open mind, and be more flexible with their position. Court-ordered mediation helps relieve some of the pressure on an overburdened legal system. In many cases, especially family law cases, the parties have significantly different interests – each of which needs to be carefully examined, addressed, and considered. Proceedings can get emotional and be stressful for everyone involved. Mediation allows both parties to share their perspectives and concerns about a given dispute without the pressure of a full docket of pending cases. Unlike a trial where sessions are open to the public or even recorded, one of the benefits of mediation is that they are private and (usually) confidential. What you say in the session cannot be used against you in court or other proceedings. (An important exception, however, is that a mediator may have a duty to report allegations such as child abuse to the proper authorities.) Going to mediation can also be more comfortable and convenient than going to court. Most mediations are held in private offices, and they can be scheduled at a time convenient for both parties. You may even be able to do them over the phone or using teleconference software (like Zoom or Google Meet). By contrast, court hearings and trials are held on a schedule that is fixed and set by the court. Litigants may have long periods of wait time while the judge hears other matters. Few courts permit children or offer childcare services, and they are often far from the parties’ residences. If a judge orders the parties to a lawsuit to attend mediation, they must obey and attempt the process in ‘good faith.’ As with any other judicial order, a party that fails to comply with a court order directing mediation can be held in ‘contempt of court.’ Penalties for contempt can include fines and jail time. Some states and larger cities require certain kinds of legal matters to go to mediation before a court hears them. For example, the Circuit Court of Cook County, Illinois, requires all child custody cases to attempt mediation unless parents already agree on a parenting plan. The court will not schedule a hearing or trial until this is done. (Notably, a judge can overrule this requirement when appropriate, such as in cases involving violence.) The mediator does not make a ruling or enter a judgment. Instead, they try to assist the parties in negotiating and memorializing an agreement among themselves. If this is successful, the parties can alert the court and have their case resolved. If they can’t agree, the parties proceed with litigation, asking a judge to schedule a hearing or trial to settle their disputes. In many cases, mediation can be faster, cheaper, and more effective than having your case decided by a court. Court-ordered mediation can’t resolve all cases, however. If you have completed this process and still need to go to court, you should consider meeting with an attorney.

Leasing a Car After Bankruptcy

Bankruptcy may sound scary, but it can be a useful tool to move on with your life after financial difficulties. Bankruptcy does, however, stay on your record and may have implications for your lending options down the road. One common activity you may be wondering about is leasing a car after bankruptcy. How long do you have to wait after bankruptcy? Are you even able to do it? The short answer is generally, yes, you can lease a car and engage in any other life event after bankruptcy — but there may be conditions attached that don’t apply to other people. There is no required waiting period, although taking time to improve your finances first lets you borrow on better terms. One thing to remember about leasing a car after bankruptcy is that it depends on what chapter of the bankruptcy code your proceedings fell under. For individuals,Chapter 7 and Chapter 13 are the most common types of bankruptcies. Chapter 7 bankruptcies, known as liquidations, are shorter proceedings which “wipe clean” many types of debt. They last four to six months on average and you’re able to start borrowing again when you’re discharged. Chapter 13 bankruptcies, known as reorganizations, are longer processes and aim to get individuals caught up on loan payments rather than wiping the debt clean. These payment plans can last roughly three to five years. Although Chapter 7 bankruptcies don’t take as long to complete, they stay on your credit report for a longer period of time than a Chapter 13 filing. While you’re still able to borrow with a bankruptcy on your credit report, the terms will be less favorable. You also must wait until your bankruptcy is “discharged” before you are free to borrow money again. A discharge is simply the official end of the bankruptcy proceedings, a signal that you’re free to move forward. A lender considers the following factors when deciding what it will take for you to lease a car after bankruptcy: A bankruptcy will lower your credit score, sometimes severely. The lower your credit score is, the fewer options you have for borrowing money or qualifying for expensive vehicles. Take steps to rebuild your credit score before leasing a car after bankruptcy, if possible. Keep in mind it takes some time for your credit score to update when changes have been made. Dispute any errors you think are on your report with the credit reporting agency. If you can save enough money to pay cash for a vehicle, which may take some time, you can usually bypass the significance of a credit score and the lending process altogether. The higher your income is, the more likely a lender will be willing to work with you. Some experts suggest spending no more than 10% of your income on transportation. This means for a $20,000 car loan with payments of $438 per month, an income of at least $52,560 per year ($438 x 12 months x 10) would be preferred for favorable loan terms. If you can save money and make a large down payment on a vehicle, a lender will be more willing to work with you. Some may even require a down payment as a condition to borrowing. The size of the company from which you are purchasing or leasing a car matters, too. Bigger companies can afford to take on riskier clients, so you may want to try to work with a larger company. You will still face higher rates and other unfavorable conditions compared to borrowers without bankruptcy on file, but you should still be able to get a car. Give yourself as much time as you can to build your credit score, save money for any necessary down payments, and take other measures to improve your finances after bankruptcy. Taking time before borrowing again will encourage lenders to work with you. As stated above, improving your credit score will encourage lenders to work with you. You can improve your credit score by: Not all lenders will treat you equally — some will be willing to offer better terms than others. Ask them what factors they consider most important and how you may improve your chances of securing favorable loan terms. Know the signs of predatory lending and avoid getting roped into further financial trouble. Look at a month’s worth of income and determine what you can reasonably afford in terms of a car payment and other monthly expenses. Get rid of any unnecessary monthly expenses to allow yourself to save money. Do you need to lease a new car? Consider saving money to purchase a used car instead. Or, consider assuming another person’s car lease rather than starting your own. Assumption of a lease may give you more favorable interest rates and may be for a shorter amount of time than a new lease. Beginning a car lease process after a bankruptcy discharge is possible, but it requires research. Consider seeking the advice of a bankruptcy attorney who can assess your situation and set you up for success.

How to Register a Vehicle Without a Title

A vehicle title is a critical piece of paperwork proving ownership of the vehicle. Titles are required when registering your vehicle with your state, which in turn allows you to drive it legally. Usually, purchase of a vehicle includes transfer of the title to your name, similar to the deed during a house purchase. If you’ve acquired a vehicle but for some reason don’t have the title, you have options. Before we get into the details, know that the best place to start is by visiting your state’s motor vehicles website for registering vehicles as it may quickly answer your questions about obtaining a replacement title or registering your vehicle. If you’re trying to figure out how to register a vehicle without a title, explore these options first. If you purchased your vehicle from a private seller or dealership, contact them to make sure they didn’t inadvertently forget to give you the title. If they have the title, your problems are solved. However, it should be in your name once you purchase your vehicle. Your seller should have a title in their name that they transfer to you once the purchase is complete. If contacting the seller doesn’t yield a vehicle title, you may be able to apply for a replacement. You will need to have some sort of proof of purchase of the vehicle such as a bill of sale or a registration card listing you as the buyer. Again, start by visiting the website of your state’s DMV. However, you’ll likely obtain a car title from the clerk of your county of residence. Look at your state’s requirements when researching how to register a vehicle without a title. Generally, you will need: Additionally, most states require the owner on the title record to sign the title application and present identification. But, if the owner can’t appear (for example, they’re incapacitated), they must complete and sign an Appointment of Agent (Power of Attorney) form designating another individual to sign on their behalf. If they can’t sign the form, then their acting agent must sign it for them. Usually, replacing your vehicle title is around $50-200, depending on your state. It takes about four to eight weeks to process your replacement title, but some states (Michigan, for example) have instant replacement title transactions. You will also need to provide proof of insurance and may need to have the car inspected. Once you have all of the necessary paperwork, you can take it to your local DMV office and they will help you complete the registration process. If you don’t have a bill of sale or other proof of purchase, or you didn’t purchase your vehicle from a seller, you may need to apply for what is known as a “bonded” title. A bonded title serves to protect states against residents titling vehicles under dishonest pretenses and typically remain in place for three years. Contact your state’s DMV office or search online to inquire about the bonded title application process. You can expect the following general process: There are a few miscellaneous pieces of information to remember when researching how to register a vehicle without a title. First, you can’t make changes to an existing title — you just have to re-title the car or reassign it. Second, there can’t be an outstanding loan on the vehicle when transferring the title unless the lender approves the transfer. Third, your vehicle’s stats (like odometer and VIN numbers) must match those on the title. Once you’ve successfully completed one of these options, you’re ready to register your vehicle. Again, check with your state for specific requirements (New York, for example), but you will generally follow these steps: If you’ve run into trouble because of a missing title or registration, or simply have driving-related questions, get connected today with an experienced legal professional.

What Is Cross Examination?

The question, What is cross examination? is a subject of interest to every first-year law student. “Cross examination” is a litigation technique that every lawyer who questions witnesses in court must perfect. Understanding the rules of this process can also be valuable for witnesses who want to know what to expect once they take the stand. Broadly speaking, cross examination is the process of allowing the opposing party’s attorney to question a witness who is testifying in court or via a deposition once they have provided their ‘direct‘ testimony. Ordinarily, the purpose of cross examining a witness is to test the strength of the stories, observations, and opinions that they have provided so that the strength of the case their testimony is supporting can be called into question. This helps to diminish the credibility of a witness. Successfully challenging the truth of their statements is referred to as ‘impeachment.’ Some lawyers may decide not to cross examine a witness to underscore the idea that their testimony was insignificant and doesn’t warrant additional questioning. Attorneys are not bound to ask a certain number of questions, nor are they required to keep their cross examination of a witness to a specific length of time. The rules of cross examination primarily concern the ways in which questions are asked and answered. The attorney whose witness is being cross examined can object to the lawyer who is conducting the witness’s cross examination if they engage in certain behaviors. Some of the most common objections made during cross examination include: Conversely, although not generally permitted during direct examination, leading questions are permitted during cross examination. These questions allow a lawyer to test the credibility of testimony provided upon direct examination in a focused way. If you’re being called as a witness and you’ve been asking What is cross examination? you’re probably wondering if you can refuse to be cross examined. The short answer to this question is No. If you refuse to answer questions during a cross examination, the judge can hold you in ‘contempt of court.’ To make sure that you’re prepared for cross examination, your lawyer should walk you both through what you’ll be asked during your direct examination, and what you’ll likely be asked during cross examination. It’s important to answer only what you’re asked and not elaborate unnecessarily. You’ll also want to remain respectful of the judge and opposing counsel, otherwise you’ll risk being held in contempt. Finally, be conscious of what your body language and tone are conveying to the jury. For example, if you come across as defensive, that could impact the jury’s perception of you just as much as the content of the answers that you provide on cross examination. Whether you’re struggling with legal troubles or you are likely to be called as a witness in someone else’s case, learning about cross examination can help you to understand what to expect and how to prepare. Discuss the ins and outs of cross examination with a lawyer today. Do you want to learn more about the legal process? Check out these related resources from the legal team at The Law Dictionary to learn more:

Marijuana Laws by State

State laws are constantly changing, and that is especially true with laws pertaining to the cultivation, sale, and use of marijuana (a slang term for cannabis). Marijuana laws by state are all over the map, so to speak. It’s fully legal in 19 states and the District of Columbia, and fully illegal in at least 6 states, with its status ranging between the two extremes in the remaining states. If you’re curious about cannabis laws by state, check out the chart below for a simplified answer to whether medical use, recreational use, or both are legal in your state. Every state that has legalized recreational use has also legalized medical use. Medical marijuana is used to treat qualifying health conditions — most commonly for treating pain and discomfort, but also glaucoma and post-traumatic stress disorder (PTSD). State regulations vary widely on how medical marijuana can be produced, dispensed, and consumed; and what conditions qualify for a medical marijuana card. State laws spell out all the details around medical marijuana, including the daily amount to which a patient is entitled, what form the marijuana can take, and whether the state allows home cultivation. For example, in California, medical marijuana can be produced in almost any form and users can grow it at home at a greater volume than for recreational use. On the other hand, in Alabama, medical marijuana must be consumed in a certain form (e.g., not in a flower or edible form) and does not allow users to grow their own. Rather than “get into the weeds” of marijuana laws by state, the chart below simply notes whether medical and recreational use are legal, illegal, decriminalized, or (in the case of medical use) whether only cannabidiol (CBD) oil is legal. We have linked to state-specific information from the Marijuana Policy Project in the first column of the table. The term “legal” means there are no criminal penalties associated with the use of marijuana or derived products. Each state has its own interpretation of whether that includes marijuana paraphernalia, cultivation, or sale. Every state with some form of legal marijuana use has its own licensing and taxation system for businesses that want to grow, sell, or finance it. Though use and retail sales may be legal, there may still be a lot of compliance hoops to jump through before a business can operate. Businesses must comply with regular licensing and taxation in addition to the more stringent rules related to marijuana. Legalization is not a free-for-all: The District of Columbia, for example, limits the number of dispensaries that can operate at one time. The term “illegal” means the use of marijuana is considered a misdemeanor or felony in the state. It is common to differentiate between states where use is considered a misdemeanor and where it is considered a felony. For our purposes, even where the status of the use has been lowered to a misdemeanor, it is still considered illegal. “Decriminalized” does not mean ‘legalized’ — it only means there are no criminal penalties for engaging in the decriminalized behavior, and that the sale and cultivation of cannabis remain illegal. There may still be consequences similar to a traffic violation, like fines. It could also mean only the first offense is decriminalized, with criminal penalties established for later offenses. In some states, only CBD oil — which is derived from the cannabis plant but without the psychoactive properties of THC in marijuana — has been cleared for medical use. Those states still may have limits on the percentage of THC allowable in the legal CBD oil, or other conditions. In states where medical use of marijuana is legal, CBD is included. Remember, when it comes to marijuana, laws by state can change rapidly. It’s a good idea to consult a legal professional for any marijuana-related legal questions.

What to Know About a Roommate Agreement

Whether you’re a young professional just starting your career, or you live in a big city where living alone is a true luxury, you have probably thought about getting a roommate. Most shared living arrangements begin amicably, but disagreements are bound to come up. Having an agreement in place may help prevent any misunderstandings and protect you from a lawsuit. Let’s take a look at roommate agreements and how they work. A roommate agreement is a written contract that outlines the agreed-upon terms for living together, and the rights and obligations for each person (‘tenant‘) living in a household. The agreement may also be known as a housemate agreement, roommate contract, or housemate living agreement. The agreement should address common situations that are likely to come up when living with someone. Top factors you’ll want to include are: Your agreement should list the names of each person who will be living in the residence and the name of the landlord. You could also include the specific bedroom each tenant will use and the term of the ‘lease.’ Your agreement should detail how each tenant will pay their portion of the rent. Include information about whether each tenant will pay the landlord separately, or if one tenant pays and gets reimbursed by the other roommates. If one roommate is going to get reimbursed, the agreement should state the time frame for repayment. You’ll also want to note whether rent is divided evenly or based on bedroom size. Detail if all bills (utilities, cable, internet, etc.) will be in one person’s name or if each roommate will be assigned certain bills. The agreement should detail what happens if one tenant moves out. You’ll want to know whether the person moving out will be responsible for finding a replacement tenant to cover rent and expenses, how much notice they need to provide, and how their security deposit is returned. Different cleaning styles can be challenging when living with someone else. A cleaning chart can help avoid conflict. You may want to include a schedule stating who is responsible for cleaning the kitchen, common spaces, bathroom (if shared), and emptying the trash and recycling. Setting the rules for guest visits will be a very important part of your agreement. Ideally, you’ll already have an idea of whether your roommate is a social butterfly or an introvert. One of the most respectful things you and your roommate can do for each other is state whether guests will be allowed, and if so, for how long, how often, and whether overnight visits are okay. Imagine coming home from a long day at work and wanting nothing more than to heat up your leftovers and fall into a food coma. Instead, when you open your refrigerator, your food is gone. Depending on how good those leftovers were, this scenario might just start a war. Keep the peace, and set up a rule for sharing food in your agreement. Not everyone wants to live with an animal, so your agreement should state whether pets are allowed. If anyone has a pet or decides to get one, your agreement should lay out the cleaning responsibilities and extra expenses associated with the pet. One important item to add to your agreement is whether or not your residence will be smoke free and/or alcohol free. You and your roommate are bound to have the occasional disagreement. To avoid major conflicts, your agreement should detail how disagreements will be handled. Will you and your roommate have an in-person meeting or will communication by phone call or text be allowed when one roommate isn’t at home? Unlike a lease agreement with your landlord, the entire roommate agreement may not be legally binding. Stipulations in your agreement, like not eating your roommate’s food or promising to keep your music down, will likely not merit taking your roommate to court. However, the financial aspects of your contract could be heard by a judge. So, if your roommate does not pay rent or utilities, you could file a suit and take them to small claims court. You can use this sample as a guideline and customize it based on your needs. The following parties, [enter roommate names], herein referred to as roommates, are co-tenants at [enter address]. The roommates have signed a lease dated [enter date], expiring on [enter lease termination date] with landlord, [enter landlord’s name]. [Each name of roommate] all agree to the following: 1. Rent. The monthly rent is [enter amount]. The roommates agree to split the rent evenly and each pay [enter amount]. Roommate A [insert name] will write a check for the full amount each month, paid to [enter landlord’s name], and mail the check to landlord on or before the first of the month. Roommate B [insert name] will pay Roommate A [insert name] [insert amount] each month [enter number] days before rent is due. 2. Security Deposit. [Enter roommate names] will split the security deposit of [enter amount] and each pay [enter amount]. 3. Utilities. Utilities will be under [Roommate A] name. [Roommate B] agrees to split utilities evenly and promptly reimburse [Roommate A]. 4. Spaces.[Roommate A] will occupy the large bedroom; [Roommate B] will occupy the small bedroom. Each roommate will use the bathroom attached to their room. 5. Food. Each roommate is financially responsible for their own food and drink purchases. 6. Cleaning. Each roommate will be responsible for cleaning their own bedroom and bathroom. Roommates will use a chore chart for the purposes of dividing the household chores for the rest of the apartment including the living room, dining room, and kitchen. The chart will state whose turn it will be to vacuum, dust, and mop on a weekly basis. Each roommate will promptly clean up after themselves in the kitchen. No one will leave dishes in the sink for more than 24 hours, and everyone will promptly clean up when asked. 7. Guests. Each occupant agrees to have no more than one overnight guest at a time and to inform the other residents in advance, if possible. Overnight guests may not stay more than three nights in a row. Each occupant agrees to no more than four overnight guests a month. 8. Moving Out Early. If a roommate wants to leave before the lease expires, they will give as much notice as possible (and not less than one calendar month) and diligently try to find a replacement tenant who is acceptable to the remaining roommate(s) and the landlord. The person leaving the residence agrees to continue paying rent and utilities until a replacement tenant is found. 9. Agreement is Complete and Binding. Roommates agree by their signatures to terms in this contract. Printed Name of Roommate A Signature of Roommate A Date Printed Name of Roommate B Signature of Roommate B Date Having a clear understanding of responsibilities and guidelines is the first step to a peaceful living arrangement with your roommate. Drafting a roommate agreement is a great way to help you and your roommate feel comfortable in your residence. If you’re still not sure what to do next, you can get help drafting one with a free attorney evaluation.

What Is Domestic Tranquility?

When most people think of the U.S. Constitution, they think of things like the right to free speech or the right to bear arms. But in its first sentence, the Constitution sets forth its commitment to ensuring “domestic tranquility.” What does that mean for us today? We’ll discuss what this concept is and how it affects us as citizens. The Constitution of the United States was written and approved by the original founding fathers in the late 1700s. It established a framework for creating one federal government that united the multiple colonies’ separate governments. In four handwritten pages, it sets out the organization and powers of three branches of the federal government and describes how citizens are represented by those branches. The Constitution consists of three parts: The preamble is a simple introductory paragraph that outlines the importance of the Constitution, why it was written, and the goals that it hopes to achieve as a nation: We the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our prosperity, do ordain and establish this Constitution for the United States of America. The seven articles that follow set out the specific organization of the new federal government and the process for adopting the Constitution. Article I establishes the legislative branch, consisting of the House of Representatives (allocated to states based on their population) and the Senate (two representatives for each state). Article II describes the executive branch, including an elected President. Article III creates the judicial branch, establishing an independent Supreme Court and the authority for lower courts. Article IV and Article VI concern the relationship of the states within the federal framework. Article IV provides that each state’s laws may be different but are enforceable nationwide, while Article VI provides that the federal law trumps individual state laws. Meanwhile, Article V gives the legislature (representing the states) the means to change the federal law. These provisions are directly targeted toward achieving the goal of tranquility across the nation. Definitions of this concept vary. Most people likely think of peace at home -– that is, within a household. However, the drafters of the Constitution meant that it was the federal government’s primary responsibility to ensure peace and order in the land. Doing so meant bringing together many different groups who had formed 13 individual colonies based on diverse religious, political, and social beliefs. After leaving behind a tumultuous European political climate, the founding statesmen of the U.S. wanted to create a central government that protected its citizens from outside threats. That protection involved keeping a watchful eye on other countries, in addition to having a solid relationship with other foreign allies. The founders also wanted to ensure that their government encouraged its citizens to voice different opinions in gatherings or groups without government censure or oppression. They believed protecting citizens’ free expression was vital, and that the government has a duty to encourage peaceful marches or protests. Domestic tranquility encompasses both of these goals. To protect the country from outside enemies, the Constitution allocates the federal government the power to negotiate, enter into treaties, and declare war on foreign powers. It also attempts to ensure peace among the individual states by giving the federal government the authority to arbitrate disputes and disagreements. In an effort to encourage its adoption by the colonies, the Constitution allocated limited powers to the federal government and reserved most other powers to each colony as a separate state. The passage of the Tenth Amendment (as part of the Bill of Rights) specifically addressed this principle. The Constitution contains measures to help promote harmony and prevent disagreements between the states. For example, it bars states from discriminating against citizens of other states because of their residency and prohibits enacting tariffs on goods traveling between states. It also requires states to ‘extradite‘ those accused of crimes to other states for trial. Although the extradition measure helps states give ‘full faith and credit‘ to each other’s laws, as guaranteed in Article IV, it also creates the potential for significant conflict. What if one state refuses to enforce the law of another because it believes the law is immoral or unjust? In this situation, the Constitution gives the federal government the power to step in and arbitrate the dispute. As the U.S. has expanded in size and population, balancing the rights and wishes of its citizens is more difficult than ever. The White House notes that “[i]n order to prevent arbitrary changes, the process for making amendments [to the Constitution] is quite onerous.” This limits the ability of the federal government to change the document — for better or for worse. Preserving a peaceful, working republic requires a delicate balance between respecting each state’s autonomy and promoting the values of the nation as a whole.

What Is Imperialism? Definition and a Brief History

What is imperialism? Imperialism involves one country extending its authority over other countries or territories and gaining economic and political control over another country. Imperialism often arises through unprovoked military force and has been evidenced throughout history around the world. There are a variety of causes of imperialism. The reasons one country may want to exert control over other countries include: What is imperialism seeking to achieve? One main goal is to turn a country into a multinational monopoly. Throughout history, nations have used one of several theories to warrant unjustified use of military force. This theory is based on a country’s superiority complex. A well-developed nation believes that market domination is essential for preserving itself. Through securing access to market, material, political, or strategic advantages, a country is able to continue its success. This type of country believes it is entitled to success because of its superiority, usually due to an assumption of racial and religious domination. In some cases, a nation produces more goods than its population can consume. Securing outside markets through imperialism is seen as a necessity to reduce expenses and increase profit simultaneously thereby helping its economic position. This theory comes from socialism and communism thought-leaders Karl Marx and Vladimir Lenin. In order to avoid a world divided between wealthy and poor countries, this theory encourages the idea that all imperial powers unite to form a capitalist coalition. From there, they would jointly impact all other nations through imperialism. The new nations overthrown by the coalition would join to disperse goods and gains throughout the world evenly for the benefit of all. Under this theory, the purpose of imperial conquest isn’t for any economic or political gain. It’s classified as an age-old behavior of pointless conquest through power— and blood-hungry nations, or the “warrior class.” The warrior class would manufacture fake crises to exercise its military power. This theory says imperialism is used to maintain or bolster a nation’s power in the world’s constant power struggle. Here, imperialism aims to minimize a country’s military or political vulnerability. Imperialism and colonialism are often mistaken for being the same thing because they are linked. So, what is imperialism in the context of colonialism? An imperialist nation will send settlers to another nation to set up colonies. These colonies are under the control of the imperial nation and, although the settlers make their home in the new country, they remain loyal to their original country. The settlers act under imperialism by enforcing power in the new country, thus helping their original country increase its power. Imperialism is what keeps these colonies under control, and colonialism is the driving force that pushes imperialism forward. Colonization began during the Greek, Roman, and Ottoman Empires as improved transportation allowed colonists to easily invade other countries. Prior to building its empire, Rome was surrounded by wealthy and powerful nations. Under constant threat of war, Rome took over its closest neighbors to create a bigger army and land barrier. With a newly bolstered army, Rome set about conquering its territories’ enemies inherited from the first conquest. However, with each conquered territory, the Romans offered different benefits and rules, including Roman citizenship for some territories and only the right to conduct business in Rome for others. This created a system that made states highly suspicious of, and competitive with, each other to win favor with Rome. This worked to increase the power Rome had over each territory and enabled it to overthrow new ones. Eventually Rome made allies it could control without the use of military force. At one point, Rome held most of Europe (including France, Spain, Portugal, and Britain) as well as parts of Africa and Asia, although it had the largest cultural influence over Europe. After the Roman Empire’s collapse, Europe continued Rome’s imperialist expansion by using the method of dividing and conquering surrounding territories. The “New World” was discovered, and Britain, France, Spain, and Portugal each set about creating colonies of their own. For Spain, the gold of Inca Peru held the most allure. But shortly thereafter, they turned their sights to Mexico. At the time, this was a much larger expanse of territory than it currently is — spanning from California to Texas. Eventually, Spain’s territory grew to over half of the modern U.S. Meanwhile, the French attempted to colonize what’s now the U.S. with less luck than the Spanish and English. But, they succeeded in colonizing large chunks of Canada and held a small chunk of Florida (Floride française). They also held some pieces of the U.S. like Michigan and Louisiana. The English, of course, “owned” Britain at the time. The British Empire set about taking over America starting in Jamestown, Virginia. British colonization also resulted in the takeover of numerous territories throughout the world, including Australia, Canada, India, parts of South America and Africa, and parts of the Caribbean. The result was war with indigenous tribes throughout the world, America’s battle for independence, and the concept of Manifest Destiny. The ‘Scramble for Africa‘ saw European countries work together to partition countries in Africa in order to take control of raw materials like gold, diamonds, copper, and tin. After gaining independence from Britain, the U.S. set about on its own imperialist conquest. Known as the Manifest Destiny, the belief was that America was destined by God to spread its form of democracy, freedom, and culture across North America. First, the U.S. purchased Louisiana from France in 1803 in the Louisiana Purchase. This property spanned from modern Canada down to New Orleans and covered 828,000 square miles of new territory. Next, Texas fought for independence from Mexico and the question of the Oregon Territory was settled. The Mexican-American War resulted in the annexation of an additional 525,000 square miles of Mexican territory from parts of New Mexico to parts of California. One of the better-known examples of American imperialism is the annexation of Hawaii in 1898 because of the Spanish-American War. America’s commitment to imperialism led to the displacement of Native Americans, slavery, and the resulting Civil War. Yes, but what is imperialism today? Now, imperialism means countries expanding power, control, political influence, and cultural ideals. One might argue that the United States’ involvement in the affairs of other countries is imperialism at work. Today, imperialism mostly takes the form of international law where countries, especially global superpowers, impose political and economic interests at the expense of less powerful nations. Imperialism touches on climate change, health disparity, continued social and racial discrimination, religious persecution, and sovereignty. However, nations wanting to expand their territory and make a “show of force” without provocation are acting like the empires of old. So, whether a country takes control of or power over another by fear, force, political, or economical means, it acts in an imperialistic way. Still asking yourself, What is imperialism? In the context of economic development and business decisions, you can find expert advice to avoid treading on the rights of others or violating U.S. laws.

What Is Restitution?

If you were subject to a breach of contract, had a piece of property stolen from you, or have been the victim of another crime, you may have a legal right to restitution. So, what is restitution? Learn more about restitution, how it works, and if it applies to you. Restitution is a remedy that occurs in both civil and criminal cases. Courts may order a defendant to either return something they took or, if they committed a crime, compensate the victim of that crime. In either case, the goal is to compensate the injured party for losses suffered as a result of someone else’s wrongful actions. In civil cases, restitution occurs when the defendant has been unjustly enriched due to a wrongful act or breach of contract. In other words, the defendant has benefitted at the expense of someone else (plaintiff). In these cases, a judge does not focus on a plaintiff’s losses but rather the defendant’s wrongdoing. The defendant will usually be ordered to pay the plaintiff an amount equal to the benefits or profits the defendant unlawfully earned. For example, let’s say Diane agrees to let her friend Jack use her boat during his weekend at the lake. Jack decides to unlawfully sell Diane’s boat and makes a profit. If Diane sues Jack and asks for restitution, the court can order Jack to forfeit the profit he made and give it to Diane. In this case, the purpose of restitution is to restore Diane to where she was before her boat was sold and to prevent Jack from keeping the money he made and being unjustly enriched. What is restitution in a criminal case, compared to civil cases? Generally, it’s a court order for a person who committed a crime (defendant) to financially compensate the victim of that crime. Each state has its own laws regarding restitution for victims. In every criminal trial, regardless of whether the victim asks for it, the court is required to consider whether the defendant must make restitution to the victim of the crime. Courts will use guidance under the Mandatory Restitution Act of 1996 to determine the amount of restitution a victim should receive. For public policy reasons, courts order restitution as a way to make a victim whole. While money will not replace the suffering a victim may have gone through as a result of a crime, it may help cover financial losses someone has suffered as a result of the defendant’s crime. Depending on the state, restitution may cover: Restitution does not cover: What is restitution and how does it work for those that are able to receive it? Eligible groups include the following: Restitution is paid to the person who suffered the harm or loss as a result of the defendant’s actions. In civil cases like a breach of contract, a court may order restitution to an individual, business, or corporation. In criminal cases, restitution may be paid to the victim, or in some states like North Carolina, the victim’s estate. The Crime Victims’ Rights Act entitles any person considered a victim to restitution. Certain parties other than the victim may receive restitution. These are usually an individual, organization, corporation, or association that helped a victim, like a victim’s advocate organization. The court will take the victim’s losses into consideration when determining an amount for restitution. Often, victims may prove their losses by providing medical bills, information documenting lost wages, receipts for replacement property, or any other document stating the financial amount the injured party lost. The court must also consider a defendant’s ability to pay when it’s time to calculate the restitution amount. A court will look at the defendant’s assets including real and personal property, the defendant’s ability to earn a living, and other financial responsibilities the defendant may have. Payments may be made in one lump sum or, most often, in installments. Keep in mind that receiving restitution payments may take years. If a defendant is sentenced to prison, the payments may be processed as part of a criminal sentence. However, it is unlikely that defendants are able to pay while incarcerated thus many restitution payments begin after a defendant is released from jail or prison. Defendants on parole or probation may also be subject to making payments and failure to do so could result in a parole violation. Defendants may even be subject to civil remedies including wage garnishment and ‘liens.’ Companies can also be required to pay restitution as part of a settlement agreement. For example, pharmaceutical companies have been court-ordered to pay restitution to those affected by the opioid crisis. However, even victims in these large corporate cases can find it difficult to recover restitution. If you still have questions about what is restitution, you may benefit from speaking with a lawyer. Get started today and find help from a criminal defense attorney.

Filing and Paying Back Taxes

“Nothing is certain but death and taxes,” quipped Benjamin Franklin. Indeed, many people dread Tax Day even more than death since Tax Day comes every year. If you’re one of the many Americans who have fallen behind on their tax filings, learn how to pay your back taxes and resolve your issues. The term “back taxes” — tax amounts due in prior reporting periods that remain outstanding — typically refers to federal taxes, penalties, and interest owed to the IRS. However, you may also owe unpaid tax debts to local or state tax agencies. The simplest way a person or corporation may owe unpaid taxes is if they fail to file a tax return. They may also find themselves liable for tax debt if they underreport income or profits, fail to make full and timely payment of their taxes owed, or claim deductions incorrectly for a reporting period. For example, many individuals receive assistance with health insurance premiums purchased through the marketplace. These subsidies are based on their projected income. If they make more than they anticipated, they may have to repay some or all of the subsidized amount when they file their tax return. Most U.S. citizens and permanent residents must file a federal tax return. The IRS sets minimum income thresholds that vary depending on age and status (i.e., married, single, head of household). Even if you are not required to file a tax return, you may benefit from doing so to access all applicable tax credits and refunds. Each state has different rules regarding income, property, and corporate taxes. Individuals who reside in one state and earn income in another may have to file tax returns in multiple states. Even death can’t hold off taxes — in most cases, a decedent’s spouse or personal representative must file one final return on their behalf. If you don’t file a return at all, the IRS may file a ‘substitute for return‘ (SFR) on your behalf. This may result in a higher tax burden than if you had filed a return yourself, because it will not capture potential deductions like business expenses, charitable donations, or medical expenses. Consequently, you may owe taxes you don’t even know about. If you receive income legally, the IRS probably already knows about it — employers report payroll details directly to the tax authorities. Even if your income is obtained illegally or goes unreported, you must still pay the appropriate taxes. (Al Capone learned this the hard way, earning 11 years in prison for failing to file back taxes on the profits from his mafia enterprises.) There are significant penalties for unpaid taxes in addition to potential jail time. The IRS levies a ‘Failure to File Penalty‘ of 5% of your unpaid taxes for each month or part of a month that your tax return is late. It also assesses a penalty of 0.5% of the unpaid taxes for each month or part of a month the tax remains unpaid. (These penalties offset each other, and they won’t exceed 25% of your unpaid taxes.) The IRS can file a ‘levy,’ allowing it to garnish a portion of your wages, seize money from a bank or other financial account, and sell your vehicle or other personal property to pay your debt. The IRS can also file a Notice of Federal Tax Lien, a public record that notifies current or potential creditors of your outstanding tax debt. In the short term, a tax lien can impact your ability to get a loan, mortgage, or other line of credit. If your tax debt remains unpaid, the IRS can take ownership of the liened property. If you have significant delinquencies, the IRS may refer your debt to the State Department — which can deny your application for (or revoke) your passport. You can file tax returns at any time for any year that you did not file, or you can file an amended return if you need to make substantive corrections. (The IRS automatically checks your calculations, so it’s not necessary to file an amended return for math errors.) If you need more time to file, you can request an extension; however, this does not extend your deadline to pay any taxes that you owe. The IRS recommends you estimate your taxes due and pay by the regular due date to avoid penalties and interest. If you are unable to pay your back taxes, you have a few options. You can ask the IRS to set up an installment payment plan for the entire amount. Or, if you’re eligible, you may be able to negotiate an ‘offer in compromise‘ to settle your obligation for less than full value. For state and local taxes, contact the applicable department of revenue directly to discuss resolution. If you are unable to pay, you can ask the IRS to designate your account as ‘currently not collectable‘ (CNC). This pauses its immediate collection efforts, but penalties and interest continue to accumulate. At a minimum, the IRS has three years to audit your tax return after the date it was due or the date you filed it, whichever is later. This ‘statute of limitations‘ climbs to six years if your return includes a “substantial understatement of income” (generally, a failure to report more than 25% of your gross income). If the IRS determines that your substantial understatement was fraud rather than error, it has an unlimited amount of time to perform an audit. Additionally, there is no statute of limitations if your underpayment of taxes was due to overstating deductions or claiming credits improperly. If you haven’t filed a tax return at all, or file a fraudulent return, there is no statute of limitations for the IRS. It can come after you for these back taxes at any time — for the rest of your life. There are numerous other loopholes that extend the collection deadlines, so rolling the dice isn’t the best strategy. Resolving outstanding back taxes can be tricky because the tax laws are complex and change significantly over time. An experienced tax attorney may be able to help you negotiate a reduction in fees, penalties, and interest charges. Don’t wait any longer to settle your tax debt.

Is Cyberbullying Illegal?

Is cyberbullying illegal? The answer is yes. Most states have cyberbullying laws that come with criminal charges. Additionally, you may also face civil liability and be subject to monetary penalties. Here’s a guide on cyberbullying laws and how they might affect you The general definition of cyberbullying is the “willful and repeated harm inflicted through the use of computers, cell phones, and other electronic devices.” A good cyberbullying definition also includes the different names by which this crime can be called, such as electronic bullying, e-bullying, SMS bullying, or online harassment. Cyberbullying examples include: There are no federal laws regarding online harassment, but is cyberbullying illegal in your state? In 44 states the answer is yes, and these states prosecute cyberbullying as a crime. In states where cyberbullying isn’t a crime, statutes may still require schools to prevent bullying and protect victims in other ways, such as: Another solution to online harassment is civil liability. Cyberbullying leads to other torts, which can provide monetary damages to compensate victims or their parents. Most states group cyberbullying laws with other anti-harassment statutes. For example, Alabama’s harassment statute explicitly includes written or electronic communications. Online harassment by itself is a misdemeanor. Penalties may include fines, imprisonment of up to one year, community service, and protective orders. If the online harassment caused more serious crimes — including assault, battery, rape, or murder — the defendant could face felony charges. Forty-six states — except for Alabama, Michigan, Montana, Nevada, and New Hampshire — require schools to conduct disciplinary procedures if a student commits an act of cyberbullying. California, for example, allows schools to suspend a perpetrator or recommend expulsion. State laws may also allow schools to consider rehabilitation. Aside from suspension and expulsion, Texas law includes alternative education programs for the perpetrator as an option after a cyberbullying incident. Every state but Montana requires schools to enact policies against bullying, including online harassment. Generally, the statutes require policies to help identify cyberbullying and create disciplinary procedures. For example, Washington schools must designate a primary contact who implements anti-bullying policies and receives complaints. The policies must also include provisions specifically protecting transgender students and developing prevention tactics. Texas law requires policies to specify the circumstances of cyberbullying and resulting disciplinary action. In addition to the cyberbullying incident at issue, schools must also consider intent, disciplinary history, disability, and other challenging circumstances when forming their response. There are 25 states that allow schools to regulate off-campus behavior. The Supreme Court authorized schools to address behavior outside of school hours if the behavior involved serious threats or bullying against teachers or other students. States with these laws generally take the same approach as the New York legislature. They recognize that most cyberbullying happens outside school hours and disrupts students’ lives and educational progress. So, the laws seek to reduce that threat and enhance student safety. Is cyberbullying illegal in your state? Even if the answer is “no,” that doesn’t mean cyberbullies escape from other consequences. While you can’t hire an attorney to file a “cyberbullying complaint,” your issue may fall under other torts, including: Why is cyberbullying illegal? The impacts of online bullying can be far-reaching. Laws and policies are intended to reduce those impacts and punish offenders. According to the Cyberbullying Research Center, 27.2% of 14-year-olds and 27.7% of 15-year-olds reported being cyberbullied in 2021. While it’s easy to argue that bullying is nothing new, cyberbullying can have substantial impacts on victims Many school policies encourage kids to tell a trusted adult if they face cyberbullying. However, teenagers are often reluctant to “snitch” on their peers. So if you notice any sudden changes in your child, make sure to talk to them about cyberbullying and let them know you can help if they’re being harassed online. If cyberbullying is a crime in your state, there’s a good chance minors could face charges in the juvenile criminal system. When it comes to juvenile offenders, states focus on rehabilitation rather than punishment. Depending on the extent and impacts of cyberbullying, a minor may face: Your child may not be the only one who needs a lawyer in a cyberbullying case. Many states have parental responsibility laws, which hold parents responsible for their children’s torts and crimes. Parental responsibility laws often apply to firearm access, car accidents, property damage, and internet crimes, including cyberbullying. If a court finds you responsible for your child’s cyberbullying, it may impose: If a court finds an adult guilty of online harassment or cyberbullying, the focus turns to punishment — not rehabilitation. Since online harassment is a misdemeanor, you may pay fines up to $1,000 and serve up to one year in prison. If cyberbullying harmed you or your child, you may need a local personal injury attorney to help you pursue damages. But if you or your child need a criminal defense attorney to address allegations of cyberbullying, this resource can help you get a criminal defense evaluation from a local attorney.

Independent Contractor Misclassification: Explanation and FAQ

If you’ve done contract or freelance work, you may have experienced situations where you felt as though you expected to work like an employee — but without the benefits. With the growth of the “gig economy” anyone from janitors, dock workers, to home health aides are at risk of experiencing independent contractor misclassification. Worker misclassification can be pervasive. It isn’t limited to small businesses or start-ups, as even large companies like Uber have been alleged to have wrongly classified their contractor workforce. Adopted by some companies as a business strategy, independent contractor misclassification almost always results in wage underpayment and diminished benefits, among other disadvantages. Knowing who an independent contractor is, how that varies from a traditional employee, and what you can do if you feel you’ve unfairly received independent contractor misclassification is central to determining your plan of action for fixing the problem. An independent contractor or “freelancer” is a self-employed individual or entity who works as a non-employee for another entity. According to the IRS, the operative factor is that independent contractors are in business for themselves. Here are the common types of independent contractors: An individual business owner who is offering services to other businesses is generally considered an independent contractor. Many companies will pay individuals/entities to perform work for them on a contract basis to avoid the costs and responsibilities that come with hiring employees. However, employers are not allowed to treat contractors as employees. The essential difference is how much control and independence the individual or entity have over the following factors: If these factors are controlled by the worker, then it is more likely that this type of job is an independent contractor relationship rather than an employment arrangement. It’s also important to note that state and federal regulations about who exactly constitutes an employee can vary. Classifying a worker as an employee or independent contractor is more about actual actions the worker and employer may take, rather than their intent. As a non-employee, an independent contractor must pay their own Social Security and Medicare taxes out-of-pocket. On the employer’s side, they are not required to provide independent contractors certain employment benefits such as health insurance and are ineligible for employer-sponsored retirement accounts that they might otherwise give to their standard employees. Hiring and retaining contractors is far easier and cheaper than recruiting full-time employees. Even if they’re paid at commensurate rates, contractors tend to be less expensive to retain. The reason for this is clear: They can’t legally demand fringe benefits, paid vacation time, insurance, or other perks that come with full-time status. You shouldn’t be confused about whether you’re a contractor or full-time employee. If you are, you can determine your status a few different ways, including: Independent contractor misclassification is more common than you might think. In fact, 10-20% of workers are misclassified as independent contractors, according to some estimates. It typically goes unnoticed by the worker until a work-related dispute arises. When an employer classifies a worker as an independent contractor even though they are treating them as an employee, it means that that the employer is not paying that worker’s share of taxes. So all of the income taxes, Social Security taxes, Medicare taxes, and unemployment taxes from that employee are not available in the overall social insurance pot for the broader workforce. If you’ve been misclassified as an employee, you can file an SS-8 Form with the IRS. If you believe that you need the IRS to properly determine your status as either an independent contractor or an employee, this determination usually takes the IRS about six months to ascertain. The allure of contract employees is strong enough to encourage some employers to bend or break the law. It’s not uncommon for smaller, cash-poor companies to require “contracted” employees to work in full-time capacities more typical of an employment relationship. While this arrangement is not technically illegal, it may invite closer scrutiny from the IRS. Depending upon the rules that the pertinent contractors are required to follow, the IRS or Department of Labor could well deem them to be “extra-legal” full-time employees. As such, the IRS could penalize the employer with back taxes. You can also file a lawsuit to claim unpaid wages and lost benefits if you feel you have a case against an employer who misclassified you as an independent contractor. If you feel this tactic has been a business strategy and that your employer intends on skirting the law through their actions, you may have a viable 1099 misclassification lawsuit claim. If you believe you might be subject to independent contractor misclassification, and need the expert advice of a professional to look at the facts of your claim, consider getting a free initial review from an attorney today.

How to Check My Criminal Record: A Guide

Sometimes an employer or agency needs to run a background check. You may ask yourself, Do I even know how to check my criminal record? You’re not alone; people often don’t know their rights when it comes to their own criminal history, let alone the process for accessing this information. You’re entitled to get a copy of your criminal record (which is typically public information) to check for accuracy and completeness. In this article, you’ll discover what a criminal record contains, where you can find it, and who else has access to it. A criminal record typically contains basic identifying information about an individual and records of any criminal procedures. Most records include: Details of the conviction might vary across jurisdictions. Criminal information often includes: Knowing how to check your criminal record is key. The first thing to know when seeking a copy of your criminal record is that there is no universal, nationwide criminal record register. Rather, records are stored in many different local, state, and federal systems, depending on the severity of the crime, the arresting law enforcement agency, and the court where you were tried. Most felonies and severe crimes for which you were fingerprinted will have been reported to the FBI, and this is the best place to begin your search. To apply for a Criminal History Summary (also called an Identity History Summary), you must: While most felony convictions are reported and sent to the FBI, misdemeanor convictions are not always submitted. To get a record of your misdemeanors, criminal infractions, or even proof that you have no record, contact the state or local authorities in which the arrest or conviction took place (or, if you have no criminal record, your local jurisdiction). Typically, you can start by contacting the Department of Justice or state police department. For example, knowing how to check your criminal record in California requires you to apply to the Department of Justice to route your request. Fees, identification, documentation requirements, and forms will vary by state, county, and municipality. Most states will get your criminal record to you within two to four weeks. Your criminal history will typically indicate any record of misdemeanors, felonies, sex offender information, any court records, DUIs, parole violations, convictions, and sentences. It also notes any guilty or not guilty verdicts and whether there is an active warrant for your arrest. Knowing how to check your criminal record can be useful for any number of reasons. The reasons why you’d need to access this information include: You can contact the FBI directly for this information. Be sure to allow five to six weeks for processing and delivery. Government agencies can see your criminal record without your consent. However, employers and schools must obtain your consent before being able to access your criminal record. If you do not consent upon inquiry, you will most likely be declined from the job application. Beyond employers, access varies greatly among states. For example, in Georgia, felony convictions are public record and available upon payment of $15 and submission of the name and date of birth of the felon. There are also online services that sell what is publicly accessible for a fee, although these records may not be entirely complete. If you need help with looking into your criminal report, speak with a professional today about how best to obtain one.

What Does Emancipation Mean?

Before minor children reach adulthood, parents or legal guardians make decisions for them. Sometimes, minors can gain control over their lives earlier by seeking “emancipation.” Below, we’ll discuss the who, when, where, and how of emancipation, and answer the question, What does emancipation mean? An emancipated person is no longer under the financial, legal, or physical control of their parent or legal guardian. Common emancipation synonyms include liberation, release, or discharge. Minors get emancipated for a variety of reasons, including the desire to be independent, to escape an abusive or neglectful household, or even to access more federal student aid. There are general pros and cons to emancipation for kids and their guardians. The benefits of emancipation for a kid include: Drawbacks to being emancipated from parents include: Benefits include not being responsible for the bad behavior of the child and not having to pay child support to an ex-spouse. The drawbacks to emancipation for a parent include losing decision-making authority over their child, possibly losing a relationship with their child, and having to go to court throughout the process. The laws vary by state, but the minimum age to petition for emancipation can be 16, 14, or there may not be a minimum age at all. Usually, children apply to be emancipated from their parents. In rare instances, parents can apply to be emancipated from their children, such as when a child abandons the home and refuses to come back. What emancipation means is the same either way: There is no longer a legal duty for the parents to care for the children. Emancipation from parents occurs naturally when an individual reaches the ‘age of majority,’ or adulthood. In most of the U.S., the age of majority is 18. Exceptions include Alabama and Nebraska, where the age of majority is 19; and Mississippi, where the age of majority is 21. Other events can start the emancipation process, with the rules varying by state. The most common include military service, marriage, and financial independence. Under federal law, a minor can enlist in the military at 17 years of age with parental consent. In some states such as New York, enlisting in the military full-time automatically emancipates a minor from their parents. What does emancipation mean in a marriage context? State laws vary across the board. Many states set the minimum age to marry at 18, with exceptions for parental or judicial permission. In Kentucky and New York, a 17-year-old can petition to marry and will be emancipated automatically if and when permission is granted. In Arizona, a person between 16 and 18 years of age can marry either with parental consent or if they have been legally emancipated. Sometimes, all a minor has to show is financial self-sufficiency to qualify for emancipation. In Connecticut, if you are 16 years old, living apart from your parents (with or without their permission), and are financially independent, you can be granted a legal emancipation. Using Connecticut as an example, a 16-year-old can gain emancipation by showing “good cause” — meaning any valid reason other than the ones mentioned above — as to why emancipation is in their best interest. A judge can order emancipation without a request in very rare cases, such as instances of child abuse or neglect. In these instances, the minor usually ends up in foster care or as a ward of the court until further action is taken. Emancipation is a legal concept throughout the U.S. and in many other countries. The parameters vary by state. For example, Massachusetts courts do not have a formal emancipation procedure, but a judge can grant it if it’s in the child’s best interest. Generally, you can seek emancipation by filing a petition (like this form in Connecticut) in family court. The judge will hold a hearing where you can present and discuss evidence before a decision is made. You must show it’s in your best interest to be independent, and that there is no hidden agenda, such as a parent trying to avoid paying child support. Start by checking online for your state’s rules and procedures on emancipation, finding the appropriate family court in your jurisdiction, obtaining a formal emancipation form (if applicable), and proving the necessary conditions before the court. Required conditions under California law, for example, include: At the end of the day, it is up to a family court judge whether emancipation is granted. A judge may suggest alternatives such as family counseling or living with a friend or relative before granting emancipation. If you or your child are considering applying for emancipation, seeking guidance from an experienced family law attorney can help you consider alternatives and navigate emancipation in your state.

How to Get Small Business Grants for Felons

Having a felony on your criminal record can make finding employment difficult. Employment background checks can reach back many years. Though many businesses do hire felons, it may be more appealing to be self-employed. Starting your own business, however, requires start-up funds which can be hard to come by after serving prison time. The good news is both public and private entities offer grants and other funding for felons re-entering the workforce. Below are five helpful tips on how to get small business grants for felons. Both loans and grants are methods of lending money. Loans must be paid back, often with interest, and can generally be used for any reason. Grants are issued to carry out an idea and are usually competitive. They do not have to be paid back unless you violate the terms, which is why they are often described as “free grants.” For felons just re-entering the workforce, this can be a relief. Grant programs still require a lot of work — for example, the federal grant life cycle includes an application process for each funding opportunity, the award, and a post-award reporting and closeout process. Do you have creative skills, like building furniture, drawing, or writing? What about landscaping, construction, or driving? Websites like HireFelons.org provide ideas for felon-owned businesses if you need inspiration. These days, almost anything can be monetized, especially if you have an online presence. Organizations like Inmates to Entrepreneurs offer courses on pursuing self-employment after incarceration and tips for accessing grants for felons, and success stories pertaining to all sorts of business ideas. You can even start taking courses before you’re released from prison. While you may already have skills you can leverage into a small business, you may also want to learn new ones. The Pell Grant program offers educational assistance to ex-convicts and has expanded to include some currently incarcerated individuals. Having a business plan is the first step in applying for a grant. Grant programs want assurance you are serious about your idea. It just takes planning and research at the outset. Small business plan templates and planning tools are available online. They may seem like a lot of work, but the more detail you put into your plan at first, the more prepared you will be in the grant application process. Most business plans include: Search for state or local programs that help formerly incarcerated individuals create business plans, such as the Florida-based LEAP program, which helps female felons re-enter the workforce, or small business development centers located around the country. Many websites aggregate information on small business lending for felons, such as Help for Felons or Free Grants for Felons, where you can search by state. The most common business funding options for felons are federal grants, second chance grants, private grants, and angel investors. The U.S. government has recognized the value of helping felons get their businesses running after being released. Their main grants website is full of information on qualifications, funding opportunities, and the grants application process. There are also microloans and other assistance measures available from the Small Business Administration, which must be repaid. The terms “second chance” and “fair chance” are synonymous with workplace re-entry assistance across the U.S., usually through state- and local-level or large firm initiatives. Searching online for second chance grants could yield helpful results, such as Virginia’s second chance assistance programs. Check out your state and local chambers of commerce to learn about funding sources in your area. Depending on the nature of your business, there may be a private grant available. Free Grants for Felons has a list of private grant opportunities such as the Doris Day Animal Foundation grant for felons who want to help animals. Large companies like FedEx offer competitive funding for small businesses. Search online for other private grant opportunities. Angel investors are former entrepreneurs who invest their own money in new business ventures in exchange for partial ownership. They often serve as mentors to the business founders given their successful backgrounds. The challenges to finding angel investors include sometimes needing a sophisticated business plan, existing customer base, and other aspects of a fully formed business, such as an exit strategy. One benefit to angel investing is that you don’t have to pay back their investment if your business fails. Remember that the grant application process is competitive. Don’t be discouraged if you don’t succeed in your first application. The good news is that you can use the same application materials more than once — so apply to as many grant programs as you can. If you’re seeking funding for a business idea, an experienced business attorney can guide you through the grant application process. Get your business idea off the ground today.

What Is Breach of Contract?

Ever made a deal with someone who didn’t hold up their end of the bargain? Or, maybe you’ve failed to perform your end of a contract, and you’ve been sued for a breach. So, what is “breach of contract?” Below are examples of what this is and your legal options in certain hypothetical situations. First, what is a contract? A contract is a legally-binding agreement, meaning it can be enforced by a court. There are three elements to a contract: One party to a contract makes an offer, the other party accepts it, and they agree to trade something of value (“consideration”) for the good or service being rendered. For a contract to be valid, and therefore enforceable, you need all three of these elements. The following factors can make a contract invalid: If you do have a valid contract, and one party doesn’t perform, they may have committed a breach of the contract. Simply failing to deliver does not fully describe what a breach of contract is. There are three main categories of breach of contract: Material, minor, and anticipatory. A ‘material’ breach of contract, also known as a fundamental breach, occurs when a party gets something “substantially” different under the contract than what they were promised. A ‘minor’ breach of contract, also known as a non-material breach, occurs when some non-essential portion of the contract was left incomplete. This can often occur when a contract is fulfilled late. An ‘anticipatory’ breach of contract, also known as anticipatory repudiation, occurs when it becomes clear a party won’t perform their part of a contract, but the actual breach has not happened. It can be material or minor. A non-breaching party may try to terminate the contract, avoid unnecessary expenses, and pursue damages before a material breach. Suppose you close on a house, but the seller refuses to hand over the deed and keys to the house. This would be a material breach of contract since the keys and the deed are an essential part of the transaction. Or, say you ordered 100 pairs of tennis shoes for your business, and the vendor sent 100 pairs of soccer cleats. If the vendor refused to refund you or correct the error, it would be a material breach since tennis shoes and soccer cleats are substantially different. For instance, you agreed to have your walls painted french white in an eggshell finish, but the painters used a satin finish instead. This would likely be a non-material breach because the painting was done and in the correct color – but the finish was off slightly. You may still have a case if there are costs associated with repainting, or you are charged for the more expensive finish. Let’s say you own a bookstore and you ordered $1,000 worth of hardcover books. You were shipped $1,000 worth of softcover books instead. What is the breach of contract here? If they were otherwise the correct titles, it may be viewed as a minor breach unless there are special circumstances. If, for example, you had an author signing and they would only sign hardcovers, you may be able to claim damages. Additionally, performing a contract late is usually considered non-material, unless your contract states your deadlines are firm and non-negotiable, or “time is of the essence.” You’d still need to prove late performance cost you or harmed you to seek damages. Using the housing example, say the seller tells you one week before closing they won’t hand over the deed or keys. What is the breach of contract here? They haven’t technically breached yet, but it’s clear they will. Another example would be the hardcover versus the softcover books you ordered for your store. The vendor takes your money and tells you they’ll ship you the books. But a week before they’re supposed to be there, they tell you they’re shipping softcover books, and won’t refund you. What’s next if you breach a contract? Typically you or the other party would go to court after a breach if you can’t work it out yourselves. A lawyer looks at several factors before taking on a breach of contract lawsuit: There are two general ways to remedy a breach of contract: Seeking equitable remedies or legal remedies. What is breach of contract going to cost you, aside from monetary sanctions? Equitable remedies require some sort of action or change of the contract when money is not enough. A court can award one of several remedies: What is a breach of contract legal remedy? Legal remedies usually take the form of ‘damages,‘ which are sums of money awarded to a winning party to compensate for the harm they suffered as a result of the breach. “Compensatory damages” put the non-breaching party in the position they would be in if the contract was performed. For example, the non-breaching party could purchase a replacement product if the correct one wasn’t delivered. The damages must have been foreseeable and the non-breaching party has a duty to ‘mitigate‘ their losses. “Liquidated damages” are pre-calculated in a contract when actual damages would be hard to calculate. A ‘non-compete contract‘ is a common example (however — as with other areas of contract law — not all states will enforce non-compete clauses in contracts). “Punitive damages” are meant to punish the breaching party for an intentional or malicious breach of contract. Additionally, attorneys fees and court costs can sometimes be awarded to a winning party in a breach of contract lawsuit. Are you still wondering, what is breach of contract supposed to look like? What does breach of contract mean in my situation? Your next step is to contact an experienced business attorney who can offer guidance.

What Is Racketeering?

You may be familiar with racketeering in the context of prosecuting mafia groups like the Genovese and Gambino crime families and the Chicago Outfit. In addition to numerous prosecutions of organized crime, authorities have brought racketeering charges against groups like the Hell’s Angels, the Los Angeles Police Department, and Major League Baseball. Racketeering charges have brought down corrupt politicians like Rod Blagojevich and financial fraudsters like Michael Milken. But what is racketeering, exactly? Unlike most other crimes, racketeering refers to a pattern of illegal activity as part of a larger enterprise and not one specific crime. This makes it similar to the crime of ‘conspiracy,’ which requires criminal action by two or more people. Racketeering involves well-organized groups of people conducting a pattern of illegal business activities for profit. It is codified in federal law at 18 U.S. Code Chapter 96: Racketeer Influenced and Corrupt Organizations (RICO). One well-known example of a RICO scheme is a ‘protection racket,’ where a gang offers protection for businesses against vandals and punishes non-payment with violence or vandalism. However, racketeering is far broader than this; many types of crimes can fall under the definition. To be convicted under RICO, an individual must have: RICO allows prosecutors to tie crimes together that further a criminal enterprise in order to enhance the penalties. For instance, a person who breaks two windows in furtherance of a protection racket’s agenda would face more severe penalties than if they had merely engaged in the acts as an isolated event. RICO also provides a means for parties damaged by a criminal organization to pursue compensation. Victims can bring civil lawsuits against individuals, businesses, or groups for damages they suffered due to the criminal organization’s actions. Both federal and state laws allow significant multipliers on recoverable damages, i.e., a victim may be entitled to recover three times the amount of their actual damages. Federal law lists more than 35 crimes as predicate acts, including: Many more offenses can support a charge of racketeering; definitions in 18 U.S. Code § 1961 set out more than 50 specific offenses and several catch-all provisions. Most states also have RICO laws listing additional offenses under a similar prosecution framework. For RICO to apply, a person’s criminal actions must be related to a ‘racketeering enterprise.’ This can be a criminal organization like a crime family, street gang, or drug cartel. A legitimate corporation or other non-criminal association like a corporation, political party, or managed care company can also be the enterprise through which individuals commit racketeering crimes. For example, an organization campaigning for a new law may have many innocent members who genuinely believe in its mission, along with individuals using it to embezzle funds. The third requirement is a pattern of ‘racketeering activity.’ This requires two underlying acts within 10 years and evidence that the acts are related to or threaten continued criminal activity. Examples include: Racketeering charges will likely apply to many other situations as the world’s criminal landscape changes. Although RICO was enacted mainly to prosecute organized crime, mafia-type groups are no longer as powerful and prevalent as they were in the 1970s and 80s. However, federal prosecutors continue to use the racketeering statutes to combat crime. Examples of recent prosecutions include: Racketeering enterprises like the mafia, street gangs, and human trafficking organizations are often brought down after large-scale investigations by law enforcement. However, RICO prosecutions also depend on information and testimony provided by individuals. Individuals and organizations such as political action committees, street gangs, protest groups, terrorist organizations, and financial organizations are the subject of ongoing RICO investigations. These groups can have many members who do not knowingly participate in or support their illegal activity. People who become aware of criminal activity in their organization are protected from retaliation or harm if they “blow the whistle” about racketeering. They may also be entitled to compensation if they have suffered damages. RICO no longer has a set penalty. Current federal sentencing guidelines assign values to every federal crime using a point system of 1 to 43, representing escalating baseline prison terms and fines. RICO offenses are initially assigned a 19 or the level of their highest predicate crime, whichever is greater. For example, making a payment to obtain public office usually has a base level value of 8 points. If this is one of the predicate crimes used for a RICO charge, it will escalate to 19 points. On the other hand, first degree murder has a base value of 43, which would stay the same. The guidelines provide conditions that can increase or decrease the penalty schedule and allow some judicial discretion. Prison terms can vary significantly from case to case. This is because sentencing takes into account many factors, including the circumstances of the crime, the defendant’s criminal history, and the damage to the victims and society at large. A convicted defendant faces a maximum penalty of 30 years to life imprisonment for each count of racketeering. They can be fined up to twice the amount of their illegal profits. They also forfeit all rights in the enterprise (such as their elected office or stock shares) and profits from the racketeering activity. This helps protect the public from corrupt individuals returning to criminal activities in different roles. Now that you can answer the question, What is racketeering? you’ll know what to do if you suspect that you may have information about a racketeering organization. If you’ve been charged with a racketeering offense, consult with a criminal defense attorney. These situations can be complicated — and sometimes dangerous. An attorney can help protect you.

What Is Legal Aid?

If you need legal guidance but can’t afford to pay full price for an attorney’s help, you may benefit from working with a legal aid society. This guide answers the question, “What is legal aid?” and provides links for resources in each state to make the process of getting the help you need as easy as can be. Legal assistance organizations help people to navigate pressing legal problems. These organizations provide free and low-cost legal services for people in need of professional assistance. Most nonprofit legal services organizations only serve low-income individuals, families, and communities, but this isn’t always the case. Many lawyers who practice in for-profit firms volunteer their time at these organizations, while other attorneys may be employed by a society full-time. Just as nonprofit organizations serve other needs of the community on a free or low-cost basis, legal aid organizations fulfill a need for free and low-cost legal services. Before you begin working with a legal assistance organization, you may be placed on a waiting list. Nonprofit organizations only have so many resources to share and legal assistance programs may not always be able to provide professional guidance immediately. Once you’re accepted as a client, you’ll work with a lawyer just as you would if you hired a private attorney. The Sixth Amendment to the U.S. Constitution guarantees the right to a lawyer in criminal cases. If a defendant can’t afford to hire private legal counsel, an attorney will be appointed to represent their interests. No such right exists in civil matters. If someone is facing legal difficulties unrelated to criminal charges, they can hire an attorney, represent themselves, or seek free or low-cost legal assistance. Legal aid societies provide different kinds of assistance for the communities they serve. Many offer legal guidance concerning the following legal issues: While these are some of the most common services, programming can vary by organization. Reach out to local aid societies to ask about their offerings and eligibility criteria before making any assumptions about whether you can benefit from low-cost or free legal assistance in your area. The state legal aid resource links provided below can get you started. Eligibility for legal assistance programs varies, and many programs are only available to people who meet low-income thresholds. Some programming, however, is more widely available. For example, the San Francisco County ACCESS Center is open for anyone in need of certain kinds of legal assistance. This program provides assistance for small claims matters, name changes, and other minor civil matters. By contrast, some programs are only available to people who meet highly-specific eligibility criteria that don’t relate to income. For example, many programs across the county cater specifically to older adults, veterans, or Native Americans. As eligibility criteria varies for each program, just as the services provided by each program vary, you’ll want to research your options carefully before signing up as a client of any particular legal assistance organization. If you can’t find any legal aid organizations that meet your needs, know that many states offer “self-help” resources that may benefit you. Some state governments provide free and low-cost legal assistance resources, while residents in many states rely solely on nonprofit organizations for this kind of professional guidance. To start researching the options available where you live, click on the link for your state listed below: Connecticut Judicial Branch Idaho Law Association The State of Massachusetts Minnesota Judicial Branch Understanding “What is legal aid” may not be enough if you’re in urgent need of professional guidance. Consider requesting a free evaluation of your case from a local attorney.

What Is Discovery in Law? A Guide for Non-Lawyers

If you’re facing litigation, you may be wondering, What is discovery in law? The term ‘discovery‘ refers to the lengthy, often-invasive pre-trial investigation phase in which parties request evidence from each other and outside sources. Discovery is a powerful part of a lawsuit. It levels the playing field by requiring parties to share evidence with each other. Another way to describe what discovery is in law: The unearthing of revelatory information, often changing the entire trajectory of a case. Parties may drastically change their legal strategy based on what they find in the process. Where does discovery fit in a lawsuit? Though trials can have many possible combinations of steps, discovery always takes place between the filing of the complaint and the trial itself. Parties must wait for the discovery planning conference to begin requesting information. A rough, general timeline may look like this: What can be requested through the discovery process? Anything that pertains to an issue in the lawsuit, besides privileged material, is fair game. For example, financial records may be requested in a business dispute. If the case involves injuries in a car crash, lawyers may want medical records or even social media posts suggesting a litigant was not actually injured. Depending on what the discovery is, in lawsuits, the steps generally include making a request, waiting for relevant information to be produced, and sorting through the information for admissible evidence. Court rules govern how long a party has to respond to discovery requests. Discovery in federal court is governed by the Federal Rules of Civil Procedure and is quite broad. Federal district courts have their own local rules which limit or clarify the federal rules. Special administrative bodies provide their own rules as well, such as the Merit Systems Protection Board discovery procedures for federal employment hearings. State courts have their own procedural rules which can be accessed online, such as on the Tennessee court system’s website. It may be helpful to differentiate between toolsof discovery, or ways to request information, and types of information sought through discovery. The tools of discovery can take one of a handful of forms: Parties can’t seek unlimited information in discovery. For example, federal local rules can limit the number of depositions, interrogatories, or other tools used to keep discovery from lasting too long. Evidence sought through the discovery process can include: Many courts have “mandatory disclosure rules,” meaning parties must send each other certain information at the start of a lawsuit without even being asked for it. This can include the name and contact information of anyone who may have information pertaining to the case, a copy of the discoverable information a party already has, calculations of damages, or certain insurance agreements. The Texas court system, for example, has more extensive mandatory disclosures. Now you have an idea of what discovery is. In law, however, there are exceptions to everything, including the broad nature of discovery. Parties are limited in what they can request. If a requesting party oversteps, the other side can ‘object‘ — by filing a motion — or a judge can limit discovery without being asked. The following privileges are the most common limitations on discovery. Private communication between an attorney and client is protected under ‘attorney-client privilege.’ There must be an attorney-client relationship and the communication must not have been overheard by a third party (or else it’s not private!). The concept of ‘marital privilege‘ protects private communication between spouses, and spousal testimonial privilege can be invoked to refuse to testify against a spouse. ‘Doctor-patient’ or ‘physician-patient confidentiality‘ protects conversations between a doctor/physician and a patient in a professional setting. A physician’s impressions of a patient’s state outside of a professional setting may not be protected. Documents “prepared in anticipation of litigation,” also known as ‘attorney work product,’ are protected from discovery. This protects mental impressions, opinions, conclusions, or legal theories about the case from the opposing party. This type of privilege can be waived or overcome in certain circumstances. Medical privacy laws such as HIPAA and its Privacy Rule prevent the mass gathering of a litigant’s medical records. Medical records pertaining to a substantive issue in a case can be discovered, though the discovery involves many steps. Other materials may be protected under general privacy concerns if they are not immediately relevant to a key issue and aren’t commonly shared with people outside of a close group. This could include health and body issues, or religious or sexual practices. Electronic information can be protected from disclosure if the party in possession of it shows it would be unduly burdensome to make the information accessible. Other information may not have to be disclosed if it meets one of the following criteria: What if you get privileged information accidentally? The federal rules state you must return or destroy the information and you’re not allowed to use it, even if you’ve already seen it. No matter what, discovery is — in lawsuits related to personal injury claims, in particular — a complex, time-consuming, and expensive process. Your best bet is to seek a case evaluation from an experienced attorney to know what to expect from the discovery process.

What to Do If You Lose Your Social Security Card

The unthinkable just happened: You lost your Social Security card when you needed it most. So, what do you do if you lose your Social Security card? It’s important to be prepared ahead of time in case you lose important documents that contain personally identifiable information. Knowing what to do when you lose your Social Security card can help prevent additional headaches, such as identity theft. If your wallet or purse was stolen, file a report with your local police department and call the Social Security Association (SSA) at 1-800-772-1213 to request a replacement. If you’ve lost your Social Security card, you’re not alone. It’s a more frequent occurrence than you might expect. Even though you may not carry it around with you every day, you’ll probably need it if you’re starting a new job, collecting government benefits, or for identification purposes. However, there are limits to how often it can be replaced. You may replace your Social Security card up to 3 times free of charge annually and up to 10 times in your lifetime. Exceptions to this rule include: If you can’t find your Social Security card, the My Social Security account website can walk you through the steps for getting a replacement card. To get a new Social Security card, you must comply with the following requirements: Furthermore, you need to complete the following three steps to get a new Social Security card: If you are not a citizen, what do you do? If you lose your Social Security card, you need to show that you are permitted to live and work in the United States to get a replacement. Required documents include one of the following: Unless you’re applying online, the short answer from the SSA for standard applications is 10-14 business days. This assumes that all the required documents have been provided (either originals or certified copies) and that there is no backlog of replacement card requests already in their system. If there is a backlog, the waiting time may take up to four to six weeks. So, what do you do if you lose your Social Security card and you need some sort of proof that you have it? If you need the card quickly for employment or a legal matter, request from the SSA a letter stating the replacement application has been filed and the letter can be used until the replacement card is received. In addition to getting a new card, there are other proactive measures to take if you lose your Social Security card. First, reduce any possibility of identity theft by leaving your card at home. Credit cards, bank accounts, checking accounts, and most other forms of personal identity can be reissued with new account numbers &mdash everything except your SSN, which you keep for your entire life. To help guard against the possibility that an identity thief gains access to your Social Security card, consider taking these preventative measures: Once you have taken all recommended actions, you might want to routinely monitor your financial reports for unusual activity and keep your Social Security card in a safe location at home or in a safe deposit container with other sensitive documents. If you have lost your Social Security card or have related legal questions, an attorney can help. Schedule a free legal evaluation today.

7 Ways to Legally Void a Contract

U.S. law defines a contract as a legally binding agreement that places mutual obligations on the involved parties. Failure to stick to the terms of a contract can result in serious consequences. So, what happens if you have a legally binding contract — for example, a cell phone contract — that you no longer wish to adhere to? Legally breaking a contract can be difficult, but it is not impossible. The process of how to get out of a contract legally is referred to as “voiding” the agreement. Voiding a contract means the contract no longer has any force or effect, and that no party remains bound by its terms. In our guide below, we’ll share how to void a contract legally. When you’re trying to figure out how to rescind a contract, you must first determine if the contract is valid. Contracts require certain elements to be legally valid. Absent these requirements, some contracts are immediately voidable. Check if your contract includes these basic elements to see if it will hold up in court: Legally valid contracts require “legal capacity” from both parties. Parties must be both old enough to enter into a contract and mentally capable of understanding the contract terms. In most states, the legal age of majority is 18; however, in Mississippi the legal age is 21, and 19 in Alabama and Nebraska. Most states allow individuals to be legally “emancipated” by their state if they have the mental capacity, don’t live with their parents, can support themselves, and meet specific state guidelines for emancipation. A contract is not legally binding simply because someone is of majority age; it also depends on the type of contract. For example, a person may be able to purchase a car at the age of 16. However, they won’t be able to qualify for an auto loan, register a title, or get insurance until they’re 18. U.S. law does not recognize juveniles (those under 18 in most states) as having the legal capacity to enter into certain contract negotiations until they reach the age of majority. If they do enter into a contract as minors, U.S. law holds that the contract is not binding and thus voidable. Another cause to void a contract is “duress.” If you can prove that you would not have entered into a legally binding agreement had it not been for a threat or coercive tactic used by the other party to the contract, you can usually convince a judge to annul the deal. The cooling-off rule allows people to cancel certain sales contracts within a few days after signing. The Federal Trade Commission (FTC) states that consumers have three days to cancel (for a full refund) the sale, lease, or rental of consumer goods or services with a value of at least $25 outside the seller’s normal business. This FTC rule does not apply in certain circumstances. For instance, it doesn’t include sales made online or through the mail or telephone. It also doesn’t apply to sales at temporary locations that are under $130. Read your notice of cancellation rights for more details. It pays to check your contract carefully. If you have signed a waiver of the right to cancel, there is a good chance that you cannot use the 3-day cooling-off period to break a contract. Is there a “mistake of fact” in the contract? For instance, did one or both parties misunderstand essential terms of the contract to mean one thing when the other party meant another? If so, you may be able to void a contract. For example, if the contract identifies a vehicle with an odometer reading of 8,500 miles when in fact the number should have been 85,000 miles, you can argue that this mistake of fact voids the agreement. Or, was there a “mistake of law” in which someone misinterprets the law and thus signed the contract based on that mistaken interpretation? Unlike a mistake of fact, a mistake of law is not easy to prove, as it can be difficult to show that an innocent person was misled. A mistake of law only becomes a valid reason to void a contract when someone: In some cases, both parties may agree that a contract is no longer favorable. If the contract is no longer being followed, or can’t be performed, parties may mutually consent to terminate the agreement. Contracts can be formally voided in writing. If one party materially “breaches the terms of the contract“, the other party may be able to break the contract. Breaching can mean, for example, that a person fails to deliver goods or services as promised, or fails to pay on time. A breach can also occur through violation of non-disclosure agreements and violation of non-compete agreements. Contracts can be complicated, and the process of how to void a contract will depend on the terms and circumstances of the agreement, your age, mental capacity when you signed the agreement, and more. If you have questions about the validity of your contract or want to know if it can be voided, contact an experienced attorney for a free legal review.

What Is a Demand Letter?

It’s a common belief that legal disputes are resolved within the four walls of a courtroom. In truth, most disputes are settled before a judge or jury is asked to decide a case. Sometimes, the process of resolving a dispute begins with a “demand letter.” Informal emails, phone calls, and postal mail can be used to inform one party that another believes something is wrong and should be righted. What is a demand letter and how is it different from any other communication? A legal demand letter informs one party, typically a person or a company, that a problem exists and that taking specific steps could efficiently resolve the concern described in the document. These steps may involve acting in a certain way, such as paying an overdue balance. Or, they may involve stopping something that is already happening, such as trespass onto a property owner’s land. These letters usually outline what consequences could result if the receiving party doesn’t right the perceived wrong. The purpose of a demand letter is usually to try and resolve a dispute before taking legal action becomes the next logical step. If the sender of a demand letter can get the recipient to do what they want, they could potentially avoid having to file a lawsuit, write a formal complaint, or take other action. While demand letters are usually drafted by lawyers, they can be written by anyone. These legal tools are almost always used in civil, rather than criminal, matters. This is because prosecutors and law enforcement officers typically don’t warn individuals that continued lawbreaking will lead to consequences, they simply arrest offenders if probable cause exists. Many kinds of legal concerns and disputes may be identified and potentially resolved by a demand letter. This is why the issue of What is a demand letter? is a little complicated. Yes, the basic purpose of all demand letters is the same: To get someone to do something or to stop doing something. But demand letters can be structured differently and contain different terms depending on the legal issues they’re addressing. Common reasons why lawyers draft demand letters involve: Demand letters and responses can also create a paper trail. They can be used as a tool of negotiation when trying to avoid a lawsuit. They may be used to persuade someone that avoiding litigation is in their best interests. And they can serve as evidence of the efforts made, or not made, by both parties to resolve the issue in question if a lawsuit related to the underlying issue is ever filed. Demand letters may be sent via postal mail or electronically. There is no single structure or format that is used to draft a letter of demand. But, most contain the following elements: If a legal demand letter has been sent to you by someone who believes that you’re violating a law or failing to follow through with an obligation, you shouldn’t ignore the demand. You should carefully consider what the sender is insisting upon and ask yourself whether the request is worth honoring. Be careful before you either take action or decide to do nothing. Some people use demand letters to intimidate or coerce others. They aren’t always sent in good faith. Sometimes, doing nothing is the best course of action after receiving a demand letter. But, depending upon what the sender is threatening to do if you fail to comply with their request, you could face a lawsuit if you ignore their demands. A demand letter doesn’t serve as notice of a lawsuit but it could be the last warning you’ll receive before you get sued. Some legal demand letters are reasonable and easy for the receiver to honor. If you’re fine with the suggested remedy, make sure to let the sender know that you plan to comply with their request. If you have questions about the suggested remedy, ask for clarification so that you can make informed choices about your next steps. If you’ve received a communication that matches this general description and you’re unsure of your options, it may be time to speak with a lawyer. It may also be beneficial to speak with an attorney if the demand letter appears to be a scam. If the facts articulated by the sender are inaccurate, if the demands made by the sender are unreasonable, or if the letter is truly threatening, the communication may be an attempt to defraud you. If understanding What is a demand letter? helps to clarify your situation but doesn’t meet all of your legal needs, speak with a lawyer. If you’ve received a demand letter and need to plan your next steps, request a free case assessment today.

How to Expunge Your Record: Guide and FAQ

Having a criminal or arrest record can make some of the basic functions in life more challenging. From securing a new job, renting an apartment, or gaining custody of your child, your criminal or arrest record may lead to some uncomfortable conversations about your past. The good news is that you may have the option to have your record expunged. Our guide and FAQ below will detail the steps you can take to start the process and will also address some frequently asked questions about how to expunge your record. Expungement means to erase or obliterate. In law, it refers to the process by which a criminal or arrest history can be destroyed or sealed from the record. Virtually all states have enacted laws allowing people to expunge criminal and arrest records, but specific expungement laws vary from state to state. Once a history is expunged, it doesn’t need to be disclosed to employers, landlords, or schools. So how do you start the process? Here’s an overview of the steps involved in getting an expungement. It’s essential to obtain a comprehensive background check report before starting the expungement process. The information found on background reports used by employers, landlords, and school admissions departments comes mainly from public records. However, it’s not always clear what gets included in a background check. Information about passing bad checks and credit card fraud may be included in consumer credit reports, while juvenile records may not show up as some states automatically seal or expunge them. That’s why it’s important to first check to see what shows up on your report. In many states, you’re eligible for expungement only after serving your entire sentence, including probation. Some states also require waiting periods during which you remain crime-free, before you can apply for expungement. For instance, if you’ve been convicted of a non-violent misdemeanor in Arkansas, you may have to wait 60 days after completing your sentence before seeking an expungement. In contrast, if you were convicted of a violent crime, you will likely have to wait 5 years and 60 days after completing your sentence to seek an expungement. During this waiting time, you can’t commit any other crimes. A lawyer can help you determine whether you meet your state’s eligibility requirements. If you’re eligible for an expungement, you’ll need to file a petition with the courthouse to have your record expunged. In your petition, you’ll need to provide an explanation as to why your petition should be granted. You’ll also need to pay a fee and will also usually be required to schedule a hearing with a judge who will review your petition. Paperwork requirements vary from state to state but they may use different terminology to refer to expungement and they may have specific rules on what to file and who to serve that vary among states. For example, in California you would file a Petition for Dismissal, but other states like Illinois you would file a Request to Expunge your criminal records. If you’re worried about how to expunge your record, a lawyer can increase your chances of success. A lawyer who’s licensed in your state will be well-versed in the requirements and will be able to help you to fill out your paperwork correctly and get it submitted via the proper channels. If you’re wondering how to expunge your record or seal it, you should know that there’s a difference between the two. Sealing a record means your record will be closed from public view. The record will still exist, but employers, landlords, and others won’t be able to access it. Sealed records can still be opened by court order, as for use in a later court case. Expungement means your record is treated as if it no longer exists. Your criminal file would be removed from public records entirely, rather than just sealed. States have enacted differing rules about sealing records and expungements. Some jurisdictions allow comprehensive expungement, which means that a judge will issue orders to reporting agencies and even law enforcement departments to seal the petitioner’s court, arrest, and investigative records. Other jurisdictions will offer Certificates of Actual Innocence, which are helpful when arrest records can’t be sealed. In some instances, your state court may request you to fill out a Petition for a Certificate of Innocence to request the actual Certificate of Innocence. Contact your state court for details. Some states have different views on what can be expunged from criminal records. For example, some will allow for expunging misdemeanor offenses, but not felonies. Not all criminal offenses can be expunged; most jurisdictions will not allow murders and aggravated sexual offenses to be concealed from background checks. Some states also restrict the expungement of driving offenses, such as DUIs. Virtually all expungement proceedings occur in state courts. It’s very rare to obtain an expungement from a federal court. This is because there is no federal statute that governs expungement, although some jurisdictions may recognize an inherent authority for courts to expunge records in limited situations. Consult with an attorney in your area to see whether this may apply to you. The majority of expungements are usually granted for juvenile records. Some states allow adults to get their records expunged, while others don’t. Details on how to expunge your record vary, as each state has its own process. Some states require fees for filing expungement paperwork, while others allow you to complete the process for free. In situations where you were arrested but not charged, charged and dismissed, or acquitted, you may be eligible to have your records expunged free of charge. An arrest is when an individual is taken into custody upon suspicion of a crime. A conviction is a formal declaration of guilt in a criminal case that a judge or jury decides. The time needed for an expungement depends on many factors, including how fast your case is docketed, your jurisdiction, the number of pending claims, whether there are objections to the petition, and other essential factors. In most cases, an expungement takes six months or longer. The state is given a period of time to object to the petition for expungement, usually around 60 days. The amount of time an expungement takes depends on many factors. However, you can expedite the expungement process by gathering relevant information and filing your paperwork promptly. The expungement process will depend on the court’s calendar, the number of pending cases, the jurisdiction, whether any objections have been filed, and other factors that may be out of your control. With a pardon, the executive branch of the government forgives you for your crime. A pardon will free you from the obligations of your sentence. This does not necessarily mean the crime will be wiped from your record, as with an expungement. In some states, but not all, a pardon does include an expungement. In states that do not include expungement, you’d need to apply separately to have your record expunged after being pardoned. An expungement can help you seal or destroy a criminal record, but it’s not always a straightforward process. If you’re wondering how to expunge your record, an experienced attorney can answer any specific questions you may have about the expungement process in your state. Get the process started with a free legal review today.

How Does a Cell Phone Contract Work?

Cell phones are everywhere these days, and each person that uses a cell phone has some version of a cell phone contract. These mini-computers are complex — but understanding how your contract works doesn’t have to be. Check out the following information on what a contract is, what you can expect in your phone contract, and what to know about terminating a contract early. It may help to break down what a contract is in the first place. Without getting into the legal details, the most common type of contract is where one party agrees to pay another for a good or service. Contracts can also be called “agreements,” “plans,” or other names. Once you sign a contract, it’s hard to get out of it. It is well-established in contract law that breaking a contract early leads to penalties. Nobody wants to read lengthy terms and conditions, but always try to read a contract fully before signing. Federal law regulates the telecommunications industry generally, but specific laws governing contracts with cell phone companies are in the states’ hands. Did you know when you purchase a cell phone and set up service, you may be entering into two contracts? The first is your agreement to purchase a phone and make installment payments until it’s paid off. The second is your cell phone plan, also known as a “customer service agreement.” Among other details, this contract spells out: It may help to think of cell service contracts in terms of either “prepaid” or “postpaid.” Prepaid means you pay in advance for a set amount of calling, texting, or data usage, and you aren’t locked into a long contract. Postpaid plans usually require you to sign a contract for a length of time, the most common being two or three years, in which you pay a monthly fee for service. Phone service contracts are generally one-size-fits-all (known legally as ‘adhesion contracts’), but some negotiation may be possible. It’s always worth asking whether your carrier will price–match or throw in extras to keep you as a customer. Your contract may also incorporate additional documents. For example, the Verizon customer service agreement refers to separate service terms and conditions. By signing your contract, you are agreeing to the terms and conditions, even if they are in a separate document. Don’t worry — providers are required to make every part of your contract accessible to you. Common terms of a mobile phone service contract include the following: Your provider should clearly state how long the contract lasts. Signing a 36-month contract? If you have plans to move out of the country in a year, or you like to upgrade your phone quite often, that length of time may not work for you. Know what you’re getting into before you sign. Many contracts include forced arbitration clauses, meaning you agree to settle disputes with the provider through a neutral third party, or arbitrator, rather than in a lawsuit. These clauses may allow you to file a claim in small claims court, but you won’t have a lawyer or a jury. Most contracts require you to pay early termination fees (ETFs) if you cancel your service before the length of the contract has run. ETFs can be hundreds of dollars. Some carriers may prorate ETFs based on the amount of time remaining. In other words, your ETF may be higher if you cancel with 10 months remaining on your contract than if you cancel with 4 months remaining. Note that if you switch providers, some may offer to pay your ETFs from your old provider to lure you to their service. With a month-to-month plan, you decide on a monthly basis whether you want to continue with your current cell provider or switch carriers. You won’t be tied to a long contract but will have to agree to other terms and conditions of using your provider’s cell service. However, if you purchase a phone and agree to pay it off in installments, you would need to enter into a contract for the phone purchase. “Pay-as-you-go” plans, or prepaid plans, require no contract because you make a one-time payment for a set amount of service to use. A contract may be required for postpaid pay-as-you-go, because you would agree in advance to rates and other conditions. If you’re not impressed with your cell service or think you’re paying too much, you might be wondering how to switch cell phone carriers without paying an ETF. Consider these strategies for ending a contract. Another suggestion: It never hurts to simply ask. Speak to a customer service representative and be polite, but firm. Tell them why you’re having problems with your service. Ask to speak to a higher-level employee if your current agent says no or doesn’t have the authority to cancel your contract for free. If you are wondering how to get out of a phone contract, it may be a good idea to seek the advice of a business attorney who can review your contract and advise you on next steps.

What Is a Felony Charge?

Most of us have watched TV legal dramas and wondered, What is a felony charge? A felony is a type of criminal act more severe than a misdemeanor. People convicted of felonies are labeled “felons,” a distinction that can last for a long time. For instance, a felony conviction on a criminal record can jeopardize rights like voting or possessing a firearm even after the felon’s debt to society is paid. Felonies are serious crimes punishable by one year or more incarceration and other penalties, including forfeiture of some rights after jail time is served or fines have been paid. Misdemeanors are less serious offenses punishable by less than one year in jail and smaller fines. It is easier to get a misdemeanor removed from a criminal record, as they are minor offenses and rarely violent in nature. A felony charge means you have been accused of a felony but have not (yet) been found guilty. You have the right to a trial, after which you are found guilty or not guilty, or you can seek a plea deal to avoid trial. Felony charges can still be on your criminal record, since they may include criminal cases that don’t result in convictions. Many states have “expungement” options that can remove an arrest or criminal charge from a record where the defendant was not convicted. Virginia is one example. A felony conviction means you have been accused of a felony and have either pled guilty to it or have been found guilty after a trial. Both federal law and the criminal justice systems of each state place felonies into “classes” according to the seriousness of the crime. Corresponding punishments such as incarceration or fines are applied to each class. Felonies usually involve physical or financial harm and are punishable by one year or more in jail or prison. Jail is usually a local holding facility, while prison is a state-run or private facility. Longer periods of incarceration are usually carried out in prisons. In addition to possible jail or prison time, a defendant may be required to complete court-supervised probation, pay a hefty fine, or face other penalties. The punishment for a felony depends on how it is classified. Examples of crimes widely considered felonies include, but are not limited to: Individual states classify felonies in their own way, though similarities may exist. Most states classify felonies by letter or number – for example, Class A-E felonies like the federal system, or Class 1-5. Illinois groups felonies into classes 1-4 and reserves a fifth class — Class X — for the most serious crimes. New York classifies felonies as A-I or A-II, for which the heaviest sentence a defendant can receive is life imprisonment; and felony classes B, C, D, and E. Some states follow neither system, classifying felonies by the individual crime committed. California, for example, loosely categorizes felonies into white collar, or “paper,” felonies; drug felonies; sex felonies; and violent and serious felonies. Georgia law loosely categorizes felonies as “against people,” “against property,” “involving fraud,” and “against public safety.” Florida classifies felonies into five groups: third-degree, second-degree, first-degree, life, and capital. In most states, the lower the class number or letter, the more serious the crime. For example, a Class 1 felony category typically consists of a first-degree murder charge, or first and second-degree murder as in Arizona. Using the state of Illinois’ system (Class 1-4, Class X, Class M) as an example may be helpful. The least serious felony class is Class 4, which consists of crimes like aggravated assault, stalking, and some drug charges. The maximum penalty for Class 4 felonies is one to three years in prison. Class 3 felonies in Illinois are punishable by two to five years in prison; examples of Class 3 felonies are certain types of theft (under $500) and possession of a weapon by a felon. Examples of a Class 2 felony are robbery or illegal purchase of a firearm. Committing a Class 2 felony can land you in prison for three to seven years. Class 1 felonies include theft (between $10,000 and $100,000) and sexual assault and are punishable by 4 to 15 years in prison. The most serious felony class in Illinois is Class X, which consists of aggravated violent crimes, treason, and discharging a firearm while committing another crime. The punishment for committing a Class X felony ranges from 6 to 30 years in prison. All felony classes in Illinois are also punishable by a fine of up to $25,000. Note that in Illinois, first-degree murder is in a category of its own — sometimes known as Class M — and the punishment can exceed that of a Class X felony. While felony classes vary according to the state where a crime was committed, most are divided between violent and nonviolent crimes, as well as the amount of damage caused to the injured party in cases of financial harm. Most states’ felony classifications are included in the legislative code and easy to access, like Washington and South Carolina. To understand your state’s classification system, visit the state’s official website or contact an attorney in your state for additional guidance. The federal system is nationwide and separate from state systems. Some crimes are federal offenses, some are state-level crimes, and some can be charged under both systems in separate proceedings. Federal felony classes range from Class A to Class E felonies, with corresponding penalties. Federal classification includes “adjustments,” which add or subtract severity depending on the specifics of the case. Defendants are sentenced in accordance with a grid which cross-references criminal history with the adjusted level of offense. Now that you know what a felony charge is, explore your options for having one removed from your criminal record. Start the process by seeking a case evaluation from an experienced attorney.

What Is a Holographic Will?

A will is an essential legal document that clarifies what happens to an individual’s assets after they die. It defines the assets that compose the estate, the beneficiaries, the executor, the caretaker of the children and pets, if any, and the testator’s funeral instructions. Despite its importance, two-thirds of Americans don’t have a will. Individuals who want to dispose of their property via a will have many different options to choose from. In some cases, the best option is a holographic will. What is a holographic will? Basically, it’s a handwritten will, but there are some important things to keep in mind if you’re considering that option. Before we discuss holographic wills, it’s important to cover the importance of wills in general. This is best explained by illustrating what happens when you don’t have a will in place. To die without a will is to die intestate. Dying intestate can create difficulties for your next of kin because they have to go through probate where your assets will be divided and distributed according to the laws of your state, not according to your specific wishes. A will clearly explains directives for your assets after you die, so dying without one can create significant confusion. If your loved ones go through the probate process without having a will, they will have to work through the probate court to determine what assets you possessed, how your debts and taxes will be paid, and how your remaining assets and property will be divided among surviving family members. Depending on a person’s circumstances, one type of will may be more appropriate than another. Attested written wills are the most common kind. These must be typed and printed, and they require two witnesses who see the signing of the document firsthand (or hear the declaration). Some other will types include: Holographic wills are handwritten wills that must be written and signed by the testator (the person leaving the will). Ordinarily, a will is created with the help of an attorney, but in the case of holographic wills, no attorney is needed: The testator typically handwrites and signs their directive without legal representation. These wills are not as popular as simple or basic wills. However, holographic wills are a perfect option for individuals who want to leave instructions for the distribution of their assets and name their beneficiaries. They are extremely helpful for individuals who: What is a holographic will’s validity without witnesses or notarization? Unlike other kinds of wills, holographic wills typically do stand up to scrutiny. Considering wills of this type are sometimes made during emergencies or in extremis, it makes sense that there may be circumstances in which there is no one available to be a witness. The absence of witnesses can lead to issues in probate, and courts may have problems ascertaining the will’s legitimacy if it’s illegible. So, it’s typically best to err on the side of caution and have two witnesses present. To what extent is a holographic will valid? There are some specific requirements holographic wills must meet to be considered legitimate. A court of law in some states may recognize the holographic will if the following factors are met: Before assuming you can create a valid holographic will, it’s essential to know whether it will be recognized as valid. The following states will generally recognize a holographic will written within their boundaries: Maryland and New York typically don’t accept holographic wills, but they make exceptions for military members. New York also makes an exception for mariners at sea. Maryland makes an exception if the holographic will was signed by the testator and witnessed by two credible witnesses. Additionally, if the holographic will was drafted in a state where they are accepted, but then the testator moves to a state that doesn’t accept holographic wills, the probate court of the testator’s new resident state may choose to accept the will as valid. There’s no guarantee that a court will recognize a holographic will. The following issues are common and could invalidate a holographic will: If you decide to use a holographic will, make sure you live in a state that acknowledges them, and follow the guidelines mentioned above to create a valid holographic will. This ensures that your will passes legal muster and enables your estate to be divided according to your wishes. Do you have a complex estate? Do you have questions or concerns about whether your holographic will stands up to probate scrutiny? Consider scheduling a free legal evaluation with an experienced probate attorney who can guide you through the probate process.

How to Bail Someone Out of Jail: Guide and FAQ

Being arrested is something that most people don’t spend a lot of time thinking about until it happens. Knowing how to bail someone out of jail is a life skill that makes things a lot easier if the unthinkable happens to you or a loved one. Although court systems differ significantly among state, federal, and local courts, certain aspects of the system are similar across the board. A person can be arrested if law enforcement sees them commit a crime or suspects they are involved in criminal activity. Once a person is arrested, they are detained and taken to a law enforcement facility. In some jurisdictions, there is a set amount of bail for certain low-level crimes (generally misdemeanors and traffic offenses). If that’s the case, figuring out how to bail someone out of jail is a fairly streamlined process. Consult the jurisdiction’s website, or speak with the detaining agency to find out how to deposit the required funds and secure the arrestee’s release. If paying bail immediately isn’t an option, the arrested individual will be held at a jail or other facility until they can present their case to a court. Most jurisdictions require law enforcement to submit an arrested person to a court within a certain period to face formal charges. It is generally illegal to detain people indefinitely without charging them with a crime, but this hearing may not occur until the court’s regular business hours. Some jurisdictions hold these hearings during evening and weekend sessions, but others do not; federal courts hold an initial court hearing on the day someone is arrested, or the next day. This first court hearing is usually called an ‘arraignment.’ Attorneys for the prosecuting authority (the state, county, municipality, or federal district) will formally present the criminal charges. The arrested person becomes a “defendant” and must appear in court to face the charges against them in subsequent proceedings. In many cases, the judge decides at arraignment what terms are appropriate to guarantee the defendant returns to court to stand trial. In some cases, defendants are released “on their own recognizance,” which means the court lets them out of jail, schedules their next appearance, and trusts their promise to return. (If they do not return, the court will issue a bench warrant for their arrest, take them into custody, and impose additional penalties and fines.) In other cases, a judge determines that there is too high a chance that a defendant will flee or refuse to appear. In that case, a defendant will be ‘remanded‘ to jail to await trial. “Bail” is an amount of money deposited with the court to ensure a defendant’s return. Once bail is arranged, the defendant is released from custody, although there also may be other conditions (such as remaining within a specific area or wearing an electronic monitoring device). If a defendant returns for subsequent court hearings as scheduled, most of the bail money is refunded. The simplest way to “post bail” is to deposit the full bail amount with the court clerk. This is called a “cash bond.” Although most jurisdictions require this to be paid in cash or via cashier’s check, some now use third party services that allow you to use a debit or credit card. However, most defendants don’t have the total amount of cash immediately available to them to post bail. Knowing how to bail someone out of jail using a “bail bondsman” can help solve this problem. A bail bond service is a private company that guarantees the total amount of bail without requiring full payment upfront. The purchaser pays a percentage to the bondsman, who pays the entire amount to the court so the defendant can be released. This is called a “surety bond.” If the defendant appears in court as promised, the bond service keeps just the percentage as a fee; if the defendant does not appear, the bond service attempts to recover the bond balance (plus fines and fees) from the defendant’s representative. To obtain a bail bond, the purchaser must assure the bondsman that they will be able to pay the whole amount if the defendant does not appear. This involves depositing money, property, or other collateral to guarantee the bond. Some states do not allow private bail bond companies, including Illinois, Oregon, Kentucky, and Wisconsin. Instead, a defendant’s representative may post a bond for a percentage of the bail amount directly with the court. If the defendant appears as scheduled, the court returns the bond amount (less a percentage as a fee). The process is essentially the same as using a bail bondsman, but the fees are significantly lower. In today’s modern, tap-to-pay economy, you may wonder if you can just hand over a debit card and bail yourself out of jail without involving your loved ones. You are certainly allowed to post your own cash bond if you can do so on the spot. However, since most people don’t carry significant sums of cash, and most courts require bail to be paid via cash or cashier’s check, it is usually necessary to coordinate with someone to get money and bring it to the station. But, if your jurisdiction uses a third-party payment service, you may be able to pay using a credit or debit card at a kiosk in the station. Hopefully, you’ll never need to put your knowledge of how to bail someone out of jail to use. If you do, however, it’s a good idea to contact an attorney. If you or a loved one are facing criminal charges, find out more about your options today.

What Is a Promissory Note? A Legal Guide

If you’ve ever taken out a loan, you have probably signed a promissory note. A promissory note defined is a legal document that is a promise of payment. Promissory notes are often used in financial services where one person (the borrower) takes out a loan and signs a document making a promise to repay the loan to the lender within a certain amount of time. Here, we’ll examine what is a promissory note and discuss how they relate to real estate. You can think of a promissory note as a loan document or a formal IOU that plays an important role in the real estate closing/settlement process. When buying a house, you will most likely take out a mortgage. The mortgage is the contract that allows you to borrow money from a lender and gives the lender a security interest in your home in case the loan is not repaid. However, the mortgage does not actually state that you will repay the loan. This is where the promissory notes come in. The promissory note supplements the mortgage and is what you sign actually promising to pay back the loan. Your lender will hold the promissory note until the loan has been repaid. At that time, the lender will cancel the note and return the original to you, the borrower. One major difference between a promissory note and mortgage is that while mortgages are recorded as part of the public land records, promissory notes are generally unrecorded. Whether your promissory note will be recorded depends on your state laws. You can write your own promissory note as they are pretty straightforward; however, you might want to hire a lawyer to make sure everything is correct since a large amount of money is involved. A lawyer can also help you by explaining in detail what is a promissory note. If you decide to write your own, keep in mind that every state has its own guidelines about what to include in a note, so you should verify the laws of your state before you write one. The promissory note should include all the terms of the loan, including: On occasion, you might find it necessary to change the terms of your note because of changes in interest rates, repayment terms, or how long you want your loan to continue. All the changes should be done in writing and have both parties’ signatures. An easy way to make changes is to draft a new document as an amendment to the note. The amendment should reference the original promissory note so that all the original terms still apply. An invalid promissory note could become a messy issue for both borrower and lender and you could wind up in court. One of the most common reasons for declaring a promissory note invalid is because the parties did not sign the note, especially the borrower. Or, if someone did sign the note, it was a party who was not allowed to sign. For example, if someone, like a relative, who did not take out the loan for the mortgage signs the note, it would be deemed invalid because the legal borrower did not sign. A great way to avoid this mishap is to include a notary in your executing process. In addition, if the promissory note contains unclear or ambiguous clauses, or unfair terms, the note might be deemed invalid. An unfair term might be if the note includes an interest rate of 25% but your state only allows for a 15% interest rate. Another reason for an invalid promissory note is if changes were made to the note without the authorization and signature of both parties. Finally, if the original promissory note is lost and there is no way to prove its legitimacy, it could be declared invalid. Now that you know what is a promissory note and how they work, you may want to consider talking to a lawyer to get more information. To get started, get online help here.

What Are the Miranda Rights?

“You have the right to remain silent.” These seven words begin the Miranda warning. And if you’ve ever been arrested or watched a crime drama on television, you know the police must “read you your rights” upon arrest. So, you may be wondering, what are the Miranda rights? They are Constitutional protections under the Fifth and Sixth Amendments granted to suspects during the criminal process. And rarely does reading your Miranda rights play out like it does on TV. Unlike police depictions, failure to read your Miranda warning seldom results in a case dismissal. However, reading these Constitutional rights to a suspect is essential to their due process under the law. As such, there can be consequences if their rights are not read to them. The Miranda warning is a constitutional notification given by police in the United States upon arrest of a suspect of their right to remain silent and to obtain legal counsel, among other warnings. The Miranda warning requires the police to inform you of the following rights and consequences before questioning you as a suspect: It is important to note that a Miranda warning is read only if the police intend to interrogate you. Self-incrimination is when someone under police custody implicates themselves through their own words in a crime, which can come back to haunt them in court. Law enforcement officers are required to administer Miranda rights to protect detained individuals from a violation of their Fifth Amendment rights against unreasonable self-incrimination. This is intended to prevent undue self-incrimination if facing questioning by the police. Two notifications concerning your right to a lawyer are embedded in the Miranda warning. First, you must be told that you have the right to the presence of a lawyer during police questioning. Second, that you have the right to a court-appointed attorney if you cannot pay for one on your own. These are done to preserve your right against self-incrimination and ensure that the due process you are about to receive is constitutionally reasonable under the law. So, what are the Miranda rights in an everyday context? They are usually not vague, as the police must cease questioning if you indicate in any way that you prefer to remain silent. The police must also immediately stop interrogating you if you ask to speak to a lawyer. If you waive your right but then want to invoke it, you are entitled to do so. Because your Miranda rights are central to your rights as a detainee, the law is required to honor them immediately. As mentioned, a Miranda warning is not always necessary if the police do not intend to question you under their custody. Ernesto Miranda was arrested in 1966 for stealing $8 from a clerk and interrogated for two hours with no help from an attorney and without being told he had the right to one. He signed a confession not only for the theft but also a kidnapping and rape and was later found guilty. The Supreme Court found that the Fifth Amendment right against self-incrimination and the Sixth Amendment right to counsel applied to the defendant in Miranda v. Arizona. Namely, no one can be compelled to incriminate themselves and Miranda’s right to an attorney was violated. The Supreme Court recognized the procedural safeguards afforded by these Amendments to criminal detainees. “Miranda rights,” as they are now called, preclude police officers from questioning detainees without notifying them of their rights. Without a Miranda warning or a proper waiver of these rights, information gained by the police during questioning is inadmissible in court under the exclusionary rule. The exclusionary rule precludes any information obtained in violation of the Constitution to be used in court. Now that you know what the Miranda rights are, you’ll be better able to protect your interests. If you feel your Miranda rights were violated, get a free legal evaluation today. It can help you gain the peace of mind you seek for your legal matter.

Employer Clawback Provisions: Definition and Examples

If you sign an employment contract at a hedge fund, investment bank, or other finance business, you may agree to clawback provisions unintentionally. These clauses became popular as a way to build public trust. In 2005, fewer than 3% of employee contracts contained clawback language. By 2010, that number increased to 82%, with no signs of this trend slowing down. This overview discusses clawback policies, their impacts, and examples to look out for in employment contracts. When you find clawback language in an employment contract, this allows an employer to demand the return of money already paid to an employee. They are common in any employment contract that includes a sign-on bonus, incentive pay, or other forms of executive compensation. Employers always used clawbacks, but more appeared after the Sarbanes-Oxley Act passed in 2002. Intended to create better financial accountability in business, the statute required executive bonuses to be repaid or forfeited if noncompliance or misconduct arose from creating financial statements. Later, the Emergency Economic Stabilization Act of 2008 made clawback clauses a condition of an economic bail-out. Here are some common situations where employers may try to enforce a clawback clause: Clawback clauses intend to compensate the employer for employee misconduct but are also punitive. You will likely find clawback language in the contract section discussing incentive compensation or bonuses. Another place you may find them is among any provisions concerning discipline. One clawback provision example arises from Nike, Inc.’s incentive compensation policy. The provision applies to performance sharing, long-term incentives, and deferred compensation plans. It requires funds from these programs to be repaid if an executive engages in misconduct. This example refers to wrongful conduct: Clawback. This Agreement is subject to any written clawback policies that the Company, with the approval of the Board or the Committee, may adopt to the extent allowed by applicable law. Any such policy may subject your RSUs and amounts paid or realized with respect to the RSUs under this Agreement to reduction, cancelation, forfeiture or recoupment if certain specified events or wrongful conduct occur, including but not limited to an accounting restatement due to the Company’s material noncompliance with financial reporting regulations or other events or wrongful conduct specified in any such clawback policy adopted by the Company, including any policy to conform to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 and rules promulgated thereunder by the Securities and Exchange Commission and that the Company determines should apply to this Agreement. Another example discusses a non-solicitation agreement and stock bonuses: Clawback. Notwithstanding anything in the Plan or this Agreement to the contrary, in the event that the Participant breaches any nonsolicitation agreement entered into with, or while acting on behalf of, the Company or any Affiliate, the Committee may (a) cancel the Award, in whole or in part, whether or not vested, and/or (b) if such conduct or activity occurs within one year following the vesting of any portion of the Award, require the Participant to repay to the Company any shares received with respect to the Award (with such shares valued as of the vesting date). Such cancellation or repayment obligation shall be effective as of the date specified by the Committee. Any repayment obligation may be satisfied in shares of Stock or cash or a combination thereof (based upon the Fair Market Value of the shares of Stock on the date of repayment) and the Committee may provide for an offset to any future payments owed by the Company or any Affiliate to the Participant if necessary to satisfy the repayment obligation; provided, however, that if any such offset is prohibited under applicable law, the Committee shall not permit any offsets and may require immediate repayment by the Participant. One pattern you will notice with these examples and others is that they will specifically mention clawback. If you receive a PDF of your employment agreement, it may be worth the time to search on the word “clawback” and see what comes up. States do not prohibit clawback provisions, but they could require that these clauses be in writing and in contracts that both employer and employee sign. If any clawback language is vague, it is likely not enforceable, and employees can take legal action against their employer if it deducts bonuses from their wages. That said, clawback clause enforceability often depends on how state law defines wages. Most states consider earned commissions wages and restrict deductions from base wages to cover commission overpayments. The Texas Payday Rules require written authorizations and notice before making deductions subject to a clawback clause or other wage overpayments. Minnesota statutes require the same written notice or authorization. There are also time limits on when an employer can deduct bonuses from wages or future bonuses. Michigan employers have six months to collect from future wages after overpaying. New York employers have six years to collect. Yes. But the employment contract or compensation agreement must communicate clawback language clearly. Generally, if you’re an employer seeking to implement a clawback clause, be confident that it: Clawback provisions are frequently tricky, and you should know what you’re getting into before agreeing to compensation based on a contract that contains them. Get answers today by reaching out to a local employment lawyer near you.

How Does a Land Contract Work?

When real estate markets become temperamental, would-be homebuyers seek new and better ways to finance a property purchase. This situation leaves these potential buyers wondering how does a land contract work — and could it work for them. A land contract can be a viable mortgage alternative; however, it comes with risks. Here are common questions about land contracts and how they work for buying and selling property. A land contract is a property purchase agreement that allows a buyer to make direct payments to the seller. It’s another arrangement for buyers who can’t secure a conventional mortgage mainly due to: Land contracts are common where the seller and buyer already know each other or have been in business for a while. These relationships often involve trust and familiarity, which is good because land contracts are less secure for both parties. A typical land contract example is renters buying their rental home from their landlord. A land contract works similarly to a mortgage in some ways. The buyer makes a down payment and agrees to make monthly payments. These payments include insurance, taxes, and interest. Sometimes, they may pay an outstanding mortgage, but land contracts are uncommon among sellers who don’t own the property free and clear. Like a rental agreement, a land contract indicates who is responsible for repairs. That is usually the buyer since the land contract confers all the responsibilities of home ownership. It may also contain provisions limiting the use of the property while the buyer is still making payments, e.g., no major remodeling, no livestock, etc. Having an attorney look over the land contract before you sign it is a good idea, as some provisions may be overly limiting. For example, any prohibitions against remodeling could stop you from making vital upgrades that improve sanitation and livability, e.g., replacing bathroom fixtures and plumbing, so you quit having clogged drains. No. A mortgage transfers property ownership to you, and the bank maintains a security interest, so they can foreclose if you stop making payments. In land contracts, the seller retains ownership until you make the final payment. Also, land contracts rarely last more than a few years, while mortgages give you decades to pay off the loan. Land contracts involve a down payment, monthly payments for three to five years, and a balloon payment at the end. You can either pay this final payment in cash or apply for refinancing so you resume property ownership under a conventional mortgage. The seller pays property taxes on a land contract until the buyer makes the final payment. Land contracts are accessible options for those who can’t qualify for a Fair Housing Administration (FHA) program or conventional mortgage. Even FHA programs, which provide low-barrier home loans, have credit score and down payment requirements. They are also challenging to get if you’re self-employed or work seasonally. But a seller may have different financing standards that work better with your situation and allow you to pursue homeownership. Also, land contracts usually involve parties who know each other. Few sellers are willing to contract with strangers. These arrangements are often made between relatives, landlords, long-term tenants, and business partners. For example, even if you’re a seasonal or self-employed worker (a big minus among mortgage lenders), a landlord may work with you on a land contract because you have a good record of paying rent on time. Mortgage lenders do not consider this history when approving loans, but someone who already trusts your payment history may offer more options. While there are many benefits to using a land contract, there are also some disadvantages. Here’s a run down of some important downsides that sellers and buyers might face: Since land contracts carry more risk, many sellers set higher interest rates. If the real estate market is temperamental, you may want to try financing first to see if you receive a lower interest rate offer. During the contract term, the seller must still pay insurance premiums and property taxes while gaining no benefits from property ownership. Also, if the property value drops before the contract concludes, the seller incurs devaluation costs. The buyer faces risks too. Buyers cannot write the interest off their tax returns or enjoy tax deductions available to homeowners. They have no ownership benefits until the contract ends when they make that last payment. Meanwhile, they remain responsible for repairs and maintenance like an owner. A mortgage offers more flexibility if you face financial hardship and need time or assistance with payments. There are also state programs that help unemployed or disabled homeowners. Land contracts only work well if nothing changes for the worse. Unemployment, disability, or other contingencies can forfeit the agreement and any rights you have to the property. You cannot recoup previous payments, and any money you put into the property will benefit the seller – not build wealth for you. Sometimes, a seller seeks a land contract to escape title issues, including liens, public record errors, boundary disputes, and forgeries. There are also missing heirs, e.g., a deceased property owner named an heir to the property who never took possession. So, the seller may not be authorized to transfer the title or wishes to hide the issues and stick them on you. Fortunately, there are resources to help you perform a title search and see if any of these issues would encumber your property. A land contract could be a good idea if you: However, if your finances are unstable, and you have no guarantee that you can receive financing or cash for the balloon payment, then your land contract could be doomed to fail. Also, land contracts make good mortgage alternatives, but they are by no means “easy” or a quick fix. You still have the same responsibilities as you do with a mortgage, only there are more ways to lose the property you wish to own. Now that you have answers to “how does a land contract work,” you may find this is a viable option. But there still might be legal issues you’re not aware of. Consider getting a free initial legal review before you sign any land contract agreements.

How Long Is a Life Sentence?

When a judge sentences a defendant to life in prison, this doesn’t always mean that the individual who was convicted of criminal wrongdoing will remain in prison for the rest of their life. Depending upon the nature of the crime, any mandatory minimum sentencing laws that may apply to the situation, and whether there is a possibility of parole qualifying the judgment, a life sentence does not necessarily mean life imprisonment. So how long is a life sentence? Here’s a look at some common questions about life sentences and how they play out in the real world. The answer to the question “How long is a life sentence?” is present within the definition of the term “life sentence” itself. Practically speaking, a life sentence is a term of imprisonment in which the convicted felon must remain incarcerated for either the remainder of their life or until one of the following occurs: This means that the length of a life sentence can be changed by external factors. If not, the felon remains imprisoned for the remainder of their life. Not all crimes that are punishable by life sentences are parole-eligible. If someone is sentenced to life in prison without the possibility of parole, only a pardon or commutation of their sentence will allow them to apply for release. State crimes are pardoned or commuted by governors whereas federal crimes must be pardoned or commuted by the president. While pardons and commutations are rarely granted, many individuals who are sentenced to life in prison are eventually paroled. Most criminal defendants are sentenced under state law. Each state has their own requirements for the parole process. For example, in Georgia, those serving parole-eligible life sentences for serious violent felonies are eligible for parole after serving either 14 years in prison (for offenses committed before July 1, 2006) or 30 years in prison (for offenses committed on or after July 1, 2006). Not everyone who’s eligible for parole is granted this reprieve. When eligible for parole, a prisoner can apply to the parole board that oversees their case. The board then determines whether to grant or deny release. Even then, the decision of a parole board may not be final. For example, Sirhan Sirhan, who was convicted of the murder of Senator Robert “Bobby” Kennedy, was denied parole 15 times before his request was granted parole by a two-person panel. However, California’s governor at the time rejected the parole board’s decision due to Sirhan’s refusal to accept responsibility for his wrongdoing. If a defendant is convicted of multiple crimes or offenses (sometimes referred to as “counts” for the purposes of sentencing), they may be sentenced to consecutive or concurrent terms of imprisonment. Concurrent sentences are served simultaneously, whereas consecutive terms are served back-to-back. This calculus complicates the question of “How long is a life sentence?” Some consecutive sentences can result in a term of imprisonment that exceeds the span of any human life. The following example illustrates how even parole-eligible sentences can effectively become life sentences without any practical possibility of parole. Predatory former USA Gymnastics team doctor Larry Nassar was sentenced to consecutive state and federal sentences for sexual abuse and child pornography offenses. He is, technically, able to apply for parole under his sentencing terms. However, he won’t become eligible until 2117, which means that he’ll have to serve 100 years total before he can apply for release. Not every criminal defendant is accused of a single crime. When an individual is convicted of multiple felonies, such as the murder of multiple people at once, they may be subjected to multiple life sentences. Their sentencing may be handed down as concurrent or consecutive life sentences. While sentencing someone to multiple life sentences to be served consecutively seems counterintuitive (as the defendant only has one life to serve in prison), this sentencing structure is meant to honor the need for justice on behalf of each victim and to hold the offender explicitly accountable for each crime they’ve committed. While relatively few convicted felons are sentenced to life in prison or “de facto” life sentences at the federal level, life sentences and de facto life sentences are strikingly common in state courts. A de facto life sentence is one that, while not technically a term of imprisonment for life, is so lengthy that it effectively becomes a life sentence for the defendant. For example, if a 30-year-old is sentenced to 85 years in prison, they won’t be walking free again unless they’re paroled, pardoned, or granted a commutation. De facto life sentences are one more reason why answering the question “How long is a life sentence?” isn’t a straightforward endeavor. What is clear is that more and more people in the U.S. are being sentenced to life sentences. One study released by The Sentencing Project found that one out of every seven people in U.S. prisons were serving life or virtual (de facto) life sentences. This statistic indicates that while relatively few federal inmates are serving life sentences, states are imprisoning individuals for life or for life on a de facto basis, at staggering rates. The length of a life sentence can vary based upon whether the possibility of parole is available for a defendant. If you have additional questions about charges that you or a loved one is facing, schedule a free initial review of your case to learn more.

How Does Escrow Work? 5 Things to Know

One common term that often comes up during the home buying process is escrow. In this article, we’ll discuss five things to know about escrow and answer the question, how does escrow work? If you’re thinking about escrow, that means you have decided to purchase a home. So, while it will be fun to think about paint colors, kitchen tile, and new furnishings, you will also have to consider the practical aspects of buying a home. This is where escrow comes in so let’s take a deep dive into what escrow is and how escrow works. Escrow is a financial arrangement between two or more parties engaged in a transaction, such as buying a house, who agree to let a third party temporarily hold onto money or property on their behalf. The third party, who can be a law firm, an escrow company, or a title company, holds the money or property until the transaction is complete. This is known as holding the money “in escrow.” Most escrow accounts are used for real estate contracts, and they provide protection for both the buyer and seller. There are two main types of escrow accounts in real estate: mortgage escrow accounts for home buyers, and life of the mortgage accounts. Let’s take a look at both. Mortgage Escrow Account for Home Buying: The mortgage escrow account applies to home buyers who take out a mortgage. The lender you use will most likely require this account if you cannot pay more than 20% down for the property. How does escrow work in this type of account? Normally, the first time you use this account will be for the earnest money deposit. The third party will hold this money in escrow for the buyer. Life of the Mortgage Account: You might be wondering how does escrow work for the entire life of a mortgage? This account is set up at closing to help the buyer pay for property taxes and homeowners insurance. When a homeowner begins making monthly mortgage payments, a portion of the payment is deposited into escrow. This portion covers expenses outside of the principal and monthly interest on your mortgage. You can think of it like having an extra savings account to pay for taxes and homeowners insurance. The monthly amount the homeowner pays into this account may change depending on tax increases and higher insurance premiums. Because taxes and insurance costs can change, the lender may choose to require a financial cushion that would cover unexpected costs. Making sure that property taxes and insurance are paid on time is good for both the homeowner and the lender. Missed payments could result in a tax lien or lapsed insurance coverage and could result in financial penalties for the lender or even foreclosure for the homeowner. Some lenders will require an escrow account. Usually, this requirement is for risky loans, first-time homebuyers, or if the homebuyer has an Federal Housing Administration (FHA) or U.S. Department of Agriculture (USDA) loan. However, the requirement of an escrow account is not automatic, so if a home buyer meets certain requirements, he or she could choose to pay for taxes and insurance out of pocket. In addition, if you have a conventional loan, you would need an escrow account unless you can provide more than 20 percent on a down payment. Conventional loans are handled by private lenders and not backed by the government as FHA or USDA loans are. Therefore, the loans have strict financial requirements that not every homebuyer would meet. Pros: Cons: Escrow accounts are common tools that lenders use to provide financial benefits to both buyers and sellers of property. The accounts can help a homeowner ensure financial obligations are met each year without extra effort. Learning the basics of purchasing a home before you take the plunge can be a stressful time. Many deadlines are involved, and escrow can get complicated. That’s why it can be useful to get legal advice to answer the question of how does escrow work? To get started, get online help here.

How Long Does an Uncontested Divorce Take?

When most people marry, they assume their marriage will last a lifetime. They don’t plan for marital difficulties, and certainly don’t imagine themselves divorcing. The harsh reality is that nearly half of all marriages end in divorce. The best-case scenario involves parties who agree on the terms of the split, but how long does an uncontested divorce take? Regardless of the reason for the split, divorces can be emotionally exhausting, financially burdensome, and time-consuming. If you or a loved one are currently researching divorce options or wondering how long an uncontested divorce takes, you are certainly not alone. It’s important to know that you have options depending on the specifics of your situation. An uncontested divorce is a common option for couples who wish to split amicably and agree on dissolution and how their assets will be allocated. It can be a more straightforward legal process than a contested divorce and will likely save time and money. Our guide will provide important information on what an uncontested divorce is, how it differs from a contested divorce, and how long an uncontested divorce takes to finalize. Keep reading to discover if an uncontested divorce is right for you. In an uncontested divorce, both sides agree on the marriage dissolution and how assets should be allocated. This kind of divorce is a good option for couples splitting amicably. Uncontested divorces save the parties from undergoing significant portions of the adversarial litigation process, reducing costs and time. Couples that agree with the marriage ending and have no property, debt, child support, child custody, or alimony to discuss can seek uncontested divorces. This type of divorce does not require an attorney. State laws differ regarding the process of uncontested divorce, but the basics are very similar nationwide. A contested divorce occurs when a couple can’t agree on at least some of the elements of their divorce, such as how assets should be split. An uncontested divorce can proceed if both parties agree on key factors such as: If the couple no longer agrees or needs the judge to intervene to resolve a conflict, the divorce cannot proceed as uncontested and will instead be considered contested. How long does a contested divorce take? Since they’re adversarial in nature, they take significantly longer because each party’s attorneys need time to prepare and present their cases. Contested divorces require discovery, the process of obtaining evidence and records. Trials also take time, since witnesses and evidence are needed. In contrast, an uncontested divorce is relatively straightforward and considered “quicker,” since the parties agree on essential issues. One important point is that uncontested divorces, although “quicker,” are harder to appeal because parties mutually agreed to the terms of their settlement agreement. For the courts to modify the agreement, a certain period of time must pass or circumstances must have significantly changed. In contrast, contested divorces are more easily modified because the court ultimately determines the divorce issues and thus, is more open to modifying agreements. The first step in the uncontested divorce is to draft a marital settlement agreement to divide the couple’s assets, property, and debt. The settlement agreement may also include child custody and child support arrangements, if children are involved. After the marital settlement agreement is agreed upon, one of the spouses must file an official divorce complaint with the court in their county or state. After the complaint is filed with the court, the papers must be served to the other party. The service process can occur quickly, within days or weeks of filing the legal documents. After being served, the non-filing spouse has 35 days to respond to the complaint. If there are no objections to the complaint, a no-contest divorce can be scheduled, and usually concludes quickly. After the hearing, a judgment of divorce will be granted. So how long does an uncontested divorce take to finalize? Depending on the state where the spouses live, uncontested divorces can take anywhere from two days to 18 months. Hawaii, Minnesota, South Dakota, and Nevada offer the quickest uncontested divorces; around three to eight weeks. Maryland, New York, and North Carolina require a 12-month waiting period, while New Jersey requires an 18-month waiting period from the time of the complaint filing to the hearing. If a couple has children, it is best to consult a divorce attorney before any final papers are signed. States have strict laws about child support and custody, and both sides should be protected against unfair or illegal custody/support issues. In addition, most states will require a judge to sign off on a child custody arrangement, as the judge will attempt to determine if it is the best plan for the children involved. If you want to save some time and money, and you’re concerned about how long an uncontested divorce takes, an online divorce platform may be a good option for you. Many popular platforms require your divorce to be uncontested for use. These sites can help with proper document preparation and explain how to file your documents. Some services have attorneys on staff to assist with questions, while others are entirely self-completed (usually at a lower price point). Although online platforms can be helpful for uncontested divorces, there are times when you may want to hire an experienced divorce attorney. If you have substantial property and assets that aren’t easy to divide, child custody or support disputes, an inability to communicate openly with your spouse, or there is a history of physical or emotional abuse, it would be best to hire a divorce attorney to assist you. An experienced attorney will: Divorcing a spouse is never an easy or quick process. It can be frustrating, stressful, and emotionally, physically, and financially taxing. Divorce impacts every aspect of you and your ex-partner’s lives. In some cases, handling a divorce yourself makes a lot of sense, but in others, it is best to hire an experienced divorce lawyer. Regardless of what you decide to do, remember that legal options are available as you navigate the divorce process. If you find yourself in a situation where you still have questions about how long an uncontested divorce takes or how the divorce process works in general, or want to work directly with a divorce attorney, consider getting started with a free legal evaluation to understand your legal options.

LLC Tax Benefits: A Legal Guide

Registering your business as a limited liability company (LLC) is a relatively simple and inexpensive process. Along with protecting you from personal liability, registering your business as an LLC can help it gain credibility and establish financial independence. LLC tax benefits are another significant part of the decision to set up and register your business as an LLC. It’s important to understand that the tax advantages of LLCs depend on how the LLC members elect to pay taxes. What is most advantageous will not be the same for every LLC. There are a few different tax options available for LLCs. The default federal and state tax classification for an LLC is that of a “disregarded” or “pass-through” entity. This designation means the LLC is not taxed as its own business entity. Instead, each member (or shareholder) is responsible for reporting and paying personal income taxes on their share of the business’ profits (or losses). Each member may also have to pay federal self-employment taxes, including individual and employer contributions for Medicare and Social Security. Regarding single-member LLCs, they simply include the profits and losses on their individual income tax return. The LLC default tax status of multi-member LLCs is essentially the same as a partnership: each member reports their share of profit and loss in a schedule attached to their individual income tax returns. The Internal Revenue Service (IRS) also allows an LLC to elect S-Corp federal tax status. This allows the LLC to continue to be treated as a pass-through entity while reducing its members’ self-employment (FICA) tax obligations. The LLC does not pay taxes as a business entity to either federal or state agencies, while the individual members enjoy the LLC tax benefits directly. Larger and more profitable LLCs may use this designation to reduce their members’ income tax burdens significantly. As a sole proprietorship, partnership, or S-Corp, an LLC does not pay taxes as a separate corporate entity. Therefore, it does not have its own tax bracket, and no real LLC tax benefits or incentives are available to the LLC itself. Because of the pass-through nature of the LLC, tax rates for its members or shareholders will vary. Each reports their share of pass-through income and losses from the LLC on their personal tax return. State and local agencies then assess tax at each member’s individual income tax rate. However, a provision in the 2017 Tax Cuts and Jobs Act allows many owners of pass-through entities to deduct up to 20 percent of their net business income from their income taxes. Eligible LLC members/owners may be entitled to take the Qualified Business Income (QBI) Deduction on their individual returns, which can affect the individual tax brackets of the LLC’s members. Since the QBI eligibility requirements can be complicated, individuals who wish to explore this option should consult with a tax professional. Many businesses choose to organize as an LLC rather than a corporation (also called a C-Corp). LLCs are easier and cheaper to set up and manage. They do not have to comply with many of the recordkeeping requirements and other formalities required to maintain a corporation. The LLC default tax status is often better for a business than being taxed as a C-Corp. One of the drawbacks of a C-Corp is “double taxation.” This refers to a situation where the corporate entity pays taxes on its earnings and then distributes those earnings as corporate dividends; shareholders then pay taxes individually on those earnings. By contrast, the profits of an LLC are not taxed at a corporate level before they “pass through” to the shareholders directly. However, a C-Corp can take advantage of many tax reduction strategies not available to an LLC. Tax benefits of C-Corp status include the ability to classify members as employees, deducting their wages from the company’s profits. Doing so can reduce the company’s overall tax obligation while benefiting the members individually. The IRS allows certain LLCs to elect to be treated as C-Corps for tax purposes, even if they are not registered as C-Corp business entities. To make this election, LLCs must meet specific criteria and properly certify the request with the IRS. C-Corp tax classification for LLCs significantly increases the complexity of their operations and financial management. However, in some instances it can also significantly increase their profitability. If you’re starting a business and considering an LLC, tax benefits are just one of many things to evaluate. Learn more about the options available and find helpful resources for all your small business tax questions.