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Business Entity Types: Explanations and Overview

Small businesses are the backbone of the vibrant US economy: more than half of all registered business entities have fewer than five employees. Starting your own business can be a way to monetize a hobby, meet the needs of your community, or get started in a new industry or career. Even small operations can take advantage of many federal, state, and local benefits. Different opportunities are available for each type of business entity. Before starting a business, you should explore the options that are available to you. What type of business structure you choose can impact your organization in many ways. Small businesses are regulated by the state or states in which they do business. Because the laws regarding business formation are different from state to state, the types of business entities authorized by each state vary. Some of the terminology is also different. Common types of business entities include: The simplest kind of business entity is a “sole proprietorship.” In most cases, you don’t need to do anything to establish yourself as a sole proprietorship other than to start doing business. However, you may need a license or permit to provide certain types of services or sell certain types of goods. In a sole proprietorship, you are responsible for paying taxes on your income as well as self-employment taxes, although you may be able to offset some of your tax burden by deducting allowable expenses related to the business. Alternately, partnerships are simple business structures among two or more individuals. As in a sole proprietorship, each partner is responsible for paying individual income taxes on their portion of the profits. Partnerships can be organized as a limited partnership (LP), which has one general partner and several limited liability partners, or as a limited liability partnership (LLP) for everyone involved. A limited liability company (LLC) is a very basic type of business entity that allows its owner(s) to separate the financial assets and liabilities of the business from their personal finances. An LLC can have multiple owners (called “members”), which can be individuals, corporations, or other LLCs. Members have the discretion to manage the business’s operations and distribute any profits how they choose. Besides limiting individual liability, the primary benefits of LLCs are that they: Most LLCs also can decide whether they wish to be treated as a pass-through business entity, an S-Corporation, or a C-Corporation for federal tax purposes. Before setting up your business as an LLC, you may wish to consult with an attorney or tax professional. Individuals must pay taxes on their income to the federal government, most state governments, and some local governments. While there are certain deductions available, an individual’s tax burden generally correlates directly to a percentage of their income. On the other hand, a corporation can take advantage of many different deductions, accounting methods, and financial strategies to reduce its tax burden. A corporation, or “C Corp,” is a legal business entity completely separate from any of its owners. Owners, managers, and decision-makers are generally insulated against personal liability for actions taken by the company. Corporations can issue shares, raise capital, and engage in other actions that aren’t available to LLCs or partnerships. A corporation pays taxes as its own entity on its profits; if applicable, shareholders also pay taxes on corporate dividends. However, many corporations are eligible for tax incentives and exemptions that dramatically reduce their overall tax burden. State and federal laws require companies to comply with many operational and record-keeping requirements. The costs to set up and maintain a corporation can be high, and there are also annual reporting requirements (and fees). An S Corp is a tax classification that provides some of the advantages of an LLC and some of the benefits of a corporation. It’s not actually a different type of business entity; eligible companies can be organized as LLCs, partnerships, or closely-held corporations. If the IRS approves a company’s request to be classified as an S Corp, the company itself will not be subject to federal taxes. Instead, its profits or losses will be reported by the individual members or shareholders. In general, the primary purpose of a nonprofit or not-for-profit business entity is to provide a collective, public, or social benefit rather than to make money for its owners. Qualified nonprofit and not-for-profit organizations are exempt from federal income taxes and may qualify for other benefits and incentives. The rules for establishing a nonprofit or not-for-profit organization vary significantly from state to state. Most jurisdictions require a high degree of transparency in their operations, management, and accounting. A joint venture can offer two or more businesses the opportunity to pool their resources and share their expertise to accomplish a particular objective. The manufacturer of a product might be presented with an opportunity to bid on a large contract requiring a substantial amount of raw materials. Purchasing the raw materials on the open market might require a huge expenditure of capital, so the manufacturer might approach the supplier with a proposal to combine their respective resources through a joint venture agreement. The contents of a joint venture agreement will depend upon the facts and circumstances of the joint venture and the needs of the parties. Here are five things you might consider for inclusion in your joint venture agreement. When two companies get together in a joint venture, each one might be contributing something other than money. The joint venture agreement should clearly state what is being contributed by each participant. For example, if one participant is supplying raw materials while the other party is going to manufacture a product from those materials, then the agreement should specify the amount of the raw materials that will be needed and to produce a specified number of items. The end of the joint venture might be stated by a date. Depending upon the circumstances, it might be better to state the termination of the venture by referring to fulfilling a certain number of orders or by some other quantifiable measure. It should not be assumed that profits and losses are being divided according to the financial contribution of the parties to the joint venture. Make it clear in the joint venture agreement how each of the following will be divided: It’s easy to talk about making money and having a successful joint venture, but you also need to discuss what could go wrong and what will happen when it does. The joint venture agreement should have contingency plans written into it in the event any of the participants cannot perform their obligations. Disagreements and conflicts will invariably arise during the course of even the most carefully negotiated and planned joint venture. When conflicts arise, the best thing for the parties and for the success of the venture is to resolve them quickly and efficiently. You might wish to include a mediation or arbitration clause in your joint venture agreement to avoid lawsuits or long, drawn out disputes that could jeopardize the success of the enterprise. The success or failure of a joint venture can depend on the time and energy the parties put into their joint venture agreement. Anticipating problems that might arise and addressing them in the agreement is the key to a successful enterprise. Whether you’re just hanging out your shingle or you’re ready to take your small business to the next level, you’ll benefit from learning more about the many opportunities available in your area. Determine which business entity is best for you, learn the easiest way to set up your small business, browse information specific to your state, and find links to useful resources.

Short Term Disability After a Car Accident: FAQ

The effects of a car accident can radiate across all areas of your life, ruining your plans and upending your routine. If you cannot work because of your injuries, you may struggle to stave off financial collapse. Collecting short-term disability after a car accident can help you get on steadier footing while your injuries heal. Short-term disability insurance covers your lost wages if you are temporarily unable to work due to an injury or illness. You can purchase this coverage independently as a stand-alone policy. An employer’s policy may also cover you. Only a few U.S. states and territories require employers to offer short-term disability coverage to their employees. In some, coverage is organized and managed by the state (funded by employee contributions, employer contributions, or both). The others require employers to either self-fund coverage or purchase third-party policies for their employees. Areas with short-term disability coverage requirements include: In the rest of the U.S., employers can choose whether to offer their employees short-term disability coverage. Some companies offer it as an optional benefit, while others cover all employees after a certain period. Check with your manager or HR department to see if an employer’s policy may cover you. If you have an individual life insurance policy, you should check with your insurance broker or agent to see if it includes short-term disability coverage. Many insurers offer discounts for multiple policies or bundled packages that might include short-term disability. After car accidents, policyholders sometimes learn about coverage they never realized they had! If you were involved in a car accident in the workplace or while performing work-related activities, you are likely eligible for workers’ compensation benefits. Workers’ comp is an insurance program that most states require employers to participate in. It compensates covered employees for their medical expenses, lost wages due to temporary disability, and compensation for permanent disabilities (if applicable). After a car accident, you may be completely unable to work because of your injuries, or you may be only able to work a lower-paying job or fewer payable hours. Temporary disability allows you to recover a percentage of your total average weekly wage or the difference between your former and current wage. These benefits continue until the date you return to work, are declared medically capable of returning to a similar position, or reach Maximum Medical Improvement (MMI). Workers can be eligible for both workers’ comp and private insurance benefits for short-term disability after car accidents. However, a workers’ compensation carrier may reduce the amount of its benefits to account for this other income. Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are federal programs that provide financial assistance to individuals with disabilities. However, to qualify for either of these programs you must have a disability that has lasted or is expected to last at least 12 months. Some states, including California and New York, have created short-term disability programs that provide cash benefits to injured residents. Contact your state’s employment department to find out if your state offers any kind of temporary disability benefits. If you receive a settlement or award in a claim or lawsuit related to your car accident, you may have to repay the money you received under workers’ compensation or short-term disability. After car accident claims are resolved, the insurance companies often try to recoup some or all of what they have paid out from the settlement proceeds. However, don’t let this discourage you from pursuing litigation against an at-fault party. In a claim for personal injuries after an auto accident, you may be able to recover damages well above the maximum amount covered by workers’ comp or short-term disability. Collecting short-term disability after a car accident can impact your eligibility for other benefits, including SSDI and workers’ comp. A personal injury attorney can help ensure you don’t accidentally waive any of those rights or overlook any programs that could help compensate you for your injuries. Take the first step today with a free review of your injury claim.

What Is an LLC: A Legal Guide

It’s relatively easy to organize a business as an LLC. LLCs range from small online shops to large, multi-level companies. If you are considering starting a business, check out the following answers to the most frequently asked questions about LLCs. An LLC is a business structure recognized by the IRS but governed by state law. Let’s break it down by discussing what limited liability is and how this type of organization works. LLC stands for “limited liability company.” As the name suggests, an LLC is formed to limit the liability to which its owners (known as members) are exposed. LLC members are shielded from being held personally liable for the activities of the business, meaning their personal assets are safe if the business fails. LLCs share similarities and differences with corporations, partnerships, and sole proprietorships. LLCs and corporations both shield their members from liability, but corporations have more extensive filing, meeting, and taxation requirements. A corporation is subject to “double taxation,” meaning it pays taxes on its profits to the federal government, and the members also pay taxes on the money received from the corporation’s profits. Business income for LLCs, by contrast, “passes through” the LLC and is taxed as personal income. Corporations subject to double taxation are known as C-corporations (or “C-Corps”). There is a special tax status called an S-corporation (or “S-Corp”), which avoids the double taxation. C-Corps and LLCs can claim S-Corp tax status to avoid double taxation. Partnerships and sole proprietorship members are not shielded from liability for business activities. Like LLCs, business income “passes through” to the members for tax purposes, avoiding corporate double taxation. A sole proprietorship has one member, and a partnership has more than one. The term “disregarded entity” means the income from a single-member LLC passes through to the member. The IRS “disregards” the LLC as a separate entity and considers the profits of the business and the member’s personal income as the same thing. Partnerships are treated the same way but have more than one member. An LLC can “elect” to be treated as a C-Corp or S-Corp for tax purposes. Electing C-Corp tax status allows some profits to be kept in the business (rather than being paid out to members) but avoids the administrative burdens of organizing as a corporation. The corporate tax rate is lower than the personal income tax rate, but in 2018 Congress introduced a lower tax rate for LLCs, sole proprietorships, and partnerships to even the playing field. Members of LLCs treated as S-Corps are both owners and employees for tax purposes, while members of LLCs with default tax status are only considered owners. Members of an S-Corp LLC pay themselves a salary and a distribution from profits, but only pay employment taxes on the salary. As a result, a significant way S-Corp status helps an LLC is by lowering Medicare and Social Security taxes. Each state has its own rules regarding LLC formation. Many states limit what types of businesses can be organized as LLCs, with the most common restrictions imposed on financial services companies such as banks. For tax purposes, an LLC can be treated one of three ways: as a disregarded entity, partnership, or S-Corp. However, there are several ways an LLC can organize, which may or may not be permitted depending on the state. Common types include (but are not limited to): Does the IRS consider an LLC a corporation? Yes, and no. An LLC is different than a corporation but can be treated like one for tax purposes. An LLC files as a corporation with the IRS by submitting Form 8832 and electing corporation status. Even if an LLC has been treated as a partnership or disregarded entity for years, it can change its status. An LLC can have an unlimited number of members. Furthermore, membership is not restricted to individual human beings, but can include corporations, other LLCs, or foreign entities. Now that you know what an LLC is, you can determine which type of LLC is right for you. It may help to ask the following questions: An attorney or accountant can help you determine which type of LLC is the best choice. Forming an LLC is as easy as filing paperwork with the Secretary of State where you want to do business. This involves choosing a state, naming your business, appointing a registered agent, and writing and filing the articles of organization. Many companies specialize in providing registered agents or formation services for you. Once your paperwork is filed with the state, you’ll get a tax number known as an employer identification number, or EIN. You’ll use this number to open the required business bank account, register for state taxes, and hire an accountant. Again, every state has its own rules, and a formation company can take care of most tasks for you. Now that you know what an LLC is and how it works, let an experienced formation company help you launch your LLC today.

How the Uber Car Accident Process Works: A Guide

If you’ve been injured in a car collision involving an Uber driver, who is held liable will depend on several factors. These include the details of the crash, the type of insurance the at-fault driver has, and what the Uber driver was doing at the time of the accident. Our Uber car accident guide will explain the common liability scenarios if you’re hurt while riding in an Uber or injured by an Uber driver as another motorist or pedestrian. Uber’s popular rideshare app allows passengers to travel around town without worrying about parking or gathering enough cash for the trip. In 2019, riders caught 6.9 billion rides with the app, according to Forbes. Like most Americans, you’ve probably ridden in at least one rideshare without worrying about whose insurance is covering you while you’re in the vehicle. But what happens if your Uber driver gets into an accident while you’re riding in the vehicle? What happens if you’re hit by an Uber as a pedestrian or while you’re driving your own vehicle? This is more common than you think. A report from the University of Chicago’s Booth School of Business found that rideshare services like Uber may have led to a 3 percent increase in overall car collision fatalities. If you’re hurt in an Uber car accident, who is liable? It depends. One complicating factor in the Uber car accident process is that rideshare drivers straddle the line between being classified as commercial and personal drivers. Because they are technically independent contractors, Uber drivers aren’t employees of Uber. Drivers use their own vehicles to complete rides, so they historically haven’t been required to obtain commercial vehicle insurance unlike other professional drivers (like bus drivers). For a long time, rideshare companies declined to carry driver insurance and instead had drivers rely on their own insurance policies in the event of accidents. When Uber drivers who had never obtained commercial auto insurance got into collisions, this created issues with Uber car accident claims because the accidents often happened during non personal work trips. This would be reflected in the Uber accident report and make insurers less likely to pay. Uber began changing its insurance policies following a 2013 lawsuit after a six-year-old (Sofia Liu) died in an accident caused by an Uber driver. She, her mother, and her brother were hit in a crosswalk by the driver who was logged into the Uber app but was not carrying any passengers. Uber settled the case for an undisclosed and sealed amount. As a result of that case, Uber’s coverage expanded to include crashes and collisions caused by Uber drivers even if they didn’t have any passengers but were logged into the Uber app and ready to accept a rider. Additionally, Uber requires rideshare drivers to maintain personal car insurance that meets their state’s minimum financial responsibility. Further, in no-fault insurance states, drivers must maintain Personal Injury Protection (PIP) policies like other drivers. Uber teams up with national insurance companies to provide coverage to their drivers and passengers. If your driver was operating the vehicle with passengers in it and you were injured in a car accident, Uber will likely provide up to $1 million in liability coverage. If a driver was available on the app and waiting for a ride request-with no passenger in their car-when they hit you (in another car), you will first file a claim through the driver’s personal insurance. In these cases, Uber’s contingency insurance can also kick in as a supplement. Uber can pay up to $50,000 in bodily injury per person (with a total of $100,000 per accident). For property damage, Uber can pay up to $25,000. If you’re injured in a car accident while riding in an Uber but your rideshare driver wasn’t at fault for the collision, the at-fault driver is usually considered liable. Just like if you were a passenger in a typical non-rideshare accident, you can pursue damages for the accident against the at-fault driver by filing a claim with their insurance company. Uber also provides uninsured/underinsured motorist bodily injury coverage if someone is at fault and they don’t have enough insurance coverage for damages or sustained injuries. This additional insurance provision may also kick in following a hit-and-run. Uber’s liability protection only applies to Uber car accident claims when drivers are actively working. If a driver hits you while offline and their driver app is off, you must go through your insurance and the driver’s insurance policy for damages. Car accidents involving Uber rideshares happen daily, but successfully filing a car accident claim and receiving compensation for sustained injuries isn’t a cut-and-dried process. Insurance companies evaluate many factors, including whether the Uber driver was online and available to accept rideshare clients, which driver was at fault for the accident, and other factors. If you’ve been involved in an Uber car accident and have additional questions about the Uber accident report process, contact an experienced attorney for a free case review to evaluate the incident and help you with the claims process.

What Is a Salvage Title?

What is a salvage title? You may encounter this term while looking for an inexpensive car or filing a claim after an auto accident. Some people choose to keep their vehicle after a total loss and repair it, which means applying for a salvage title. However, you should always proceed cautiously if you come across a salvage title. All states issue car titles. They show the make, model, year, color, vehicle identification number (VIN), and the owner’s name and address. If you financed the car, the financing lender’s name and address are on the title as the owner. So, what is a salvage title? A salvage title indicates that an insurance company declared the vehicle a total loss after an accident, natural disaster, or theft. A total loss means repairs cost more than the car’s actual cash value. For example, if the insurance company values your car at $10,000 and estimated repairs are $12,000, it would consider your vehicle a total loss.; Total loss standards vary between states. Some states lower the amount considered a total loss. For example, New York considers cars a total loss if the repairs exceed 75% of the car’s value. So, a car valued at $10,000 becomes a total loss if estimated repairs exceed $7,500. Accidents figure prominently in the salvage title scene. However, there are other reasons why a car can end up with one. Here are a few: Salvage titles also arise when owners of a totaled vehicle wish to repair or continue driving them. Owners often choose this option with low-value cars that have liability-only coverage. Also, people who believe they can fix their own cars often want them back as salvage titles. However, an immediate “buyer beware” situation arises if these individuals try to resell their repaired vehicles. If you find yourself asking “what is a salvage title” as you consider a car purchase, you should proceed with caution. You may find a salvage project worth the time and effort if you’re a skilled auto mechanic or car restorer. After all, if the project doesn’t work out, you still have a parts car! A salvage car may also work out if you are not concerned about cosmetic flaws and the vehicle runs reliably enough. However, getting a formal road safety inspection is still a good idea as it could have unsafe conditions that aren’t as easy to observe. Other than that, buying a salvage car is probably not a great option. You will likely pay people more to keep it running than if you purchased a newer car. You can also face these risks when buying a salvage car: The best way to check title status is to run a VIN check. You’ve likely heard of services like CARFAX and Auto Check, but there is also a free check through the National Insurance Crime Bureau (NICB.) That search reveals salvage titles and theft claims. However, less reputable dealerships may engage in title washing when unfavorable information is removed from a title report. Fortunately, there are other signs of a salvage title, such as: An excellent general rule is never to buy a car that leaves you with misgivings. If a buying experience makes you uncomfortable, walk away. There may be nothing sketchy going on, but following your gut will prevent a regretful car purchase. No! If anyone claims they can clear a salvage title – run. Don’t buy from that individual. It’s more likely that their salvage title “clearing” was title washing. A salvage title can become a rebuilt title. Titles for rebuilt vehicles have “rebuilt” branded on them. If you see this designation, someone repaired a salvage title car, and it passed a formal inspection. These are street legal and likely safe to drive. Unfortunately, a salvage title vehicle usually amounts to a costly inconvenience. If you’re stuck with a salvage title after a car accident, there may be ways to recoup your losses. Consider getting a free review of your case today to learn more about your rights and options.

Auto Accident Settlement Process: FAQ and Answers

If you’ve been in a serious car accident and seeking compensation from the other party, you may have discussed the possibility of a settlement. Recovering from a car accident can be stressful, but the auto accident settlement process does not have to be. Here are answers to some of the most frequently asked questions about settlements. In law, a settlement is defined as the agreement that ends a dispute and includes the dismissal of the rest of the claims against the defendant. In a car accident case, it means you agree to accept a certain amount of money for your pain, suffering, and any other damage incurred. It means the lawsuit is over and you cannot change the terms later, even if you discover new injuries or other reasons you think you deserve more money. The parties to the lawsuit—the plaintiff and defendant—must both agree to the terms of the settlement, usually on the advice of their attorneys. A settlement typically occurs in lieu of trial but can also take place later if terms of the settlement could not be reached prior to the beginning of the trial. One or both parties may choose to settle a case rather than go to trial to avoid negative publicity. Terms of settlements are often kept confidential for this reason, either to avoid looking guilty, in the defendant’s case, or to keep the amount of money received under wraps, in the case of a successful plaintiff. The settlement process is useful to parties who want to resolve the matter and avoid messy, expensive litigation. Every case is unique and unfolds differently. Some claims settle without a lawsuit ever being filed, and some settle after a lawsuit is filed but before trial begins. If an insurance company offers to accept your claim and you begin the settlement negotiation process, the steps will roughly include: If the insurance company denies your demand or their offer is so low you don’t think you’ll be able to negotiate an amount acceptable to you, then you may choose to file a lawsuit. Sometimes the threat of a jury trial will encourage insurance companies to settle on a higher amount, but it depends on how strong the evidence is in your case. If you do file a lawsuit, the parties will engage in discovery, or evidence gathering. Settlements often take place after discovery but before going to trial, since both sides see the extent of the evidence against them and may be inclined to avoid trial. Still more settlements take place after trial begins, with either side holding out on a settlement agreement as long as possible for various reasons. Understandably, plaintiffs want to know how long it will take to settle an accident claim. You may have medical bills piling up or be dealing with lost income from missing work due to the accident. How long should you expect the process to take? The car accident settlement process takes slightly less than one year on average, with timelines ranging from a few months to two years. Settling quickly is appealing because you get paid faster, but it’s not always advantageous to settle quickly. If you have bills piling up, getting any payout as fast as possible may be your priority. However, taking more time to calculate your damages, gather strong evidence, and draft the best demand letter or lawsuit possible could pay off in the end with a much higher payout. It comes down to the strength of your case and whether you’re willing to spend more time waiting for a potentially higher payout. The answer to this question heavily depends on the facts of your case, and therefore can only be estimated by your attorney. The logical answer is that your payout should be roughly equal to the costs you’ve incurred, as the goal of compensatory damages is to put you in the same position you were in before the accident. Calculating a payout based on medical bills and repair costs seems straightforward. But what about pain and suffering, lost wages, or punishment for wrongdoing on the part of the driver who is at fault? Those items are often subject to compensation but are more difficult to calculate. An experienced attorney will let you know what to expect. You have the option to represent yourself in an insurance demand or lawsuit, but hiring an attorney is always a smart move. Since most personal injury attorneys get paid on a contingency fee, meaning they only take a portion of what you win, you won’t have to worry about paying out of pocket. Hiring a personal injury attorney for your car accident settlement will lessen the emotional burden of recovery and allow you to move on with your life more quickly. After a serious car accident, you’ll have plenty of things on your mind. Once you’ve sorted through the event’s immediate aftermath and sought medical treatment for your injuries, you’ll need to worry about getting your car repaired or purchasing a new one. This will probably require you to engage in a sustained exchange of information with your auto insurer’s claims department. Eventually, it may also necessitate a lengthy and stressful period of negotiations. Depending upon its policies, your insurer may choose to pay off the body shop that repairs your vehicle. On the other hand, it may ask you to cover your repair costs and submit a detailed accounting of the charges to its claims department. In this case, your vehicle’s repair costs will become part of your “accident settlement.” If your vehicle was totaled in the accident, the resale value of the car will almost certainly be bundled into your settlement as well. Unfortunately, your settlement can take weeks, months or even years to come. In many cases, this time frame is directly proportional to the total cost of the accident. If you sustained relatively minor injuries and property damage, your settlement check could come within just a few weeks. If your accident was more serious and necessitated a lengthy physical recovery, your settlement could be delayed by many months. The slow pace at which some medical institutions compile and issue their bills is usually the cause of this “holdup.” However, financial disputes between you and your insurance company may also serve to delay the issuance of your settlement check. If you’re enrolled in an expensive program of physical therapy or claim to have suffered psychological damage as a result of your accident, your settlement may take years to arrive. Ironically, your settlement is likely to be further delayed by your decision to retain a lawyer. In addition, your lawyer may be willing to make unpleasant compromises in the service of expediency. If your lawyer urges you to accept an expeditious but inadequate settlement, you may refuse to do so. If he or she presents the settlement as a “final offer” that isn’t likely to be repeated or exceeded, you have the right to bypass him or her and negotiate directly with your insurance company’s claims department. Since your lawyer may be working on multiple cases at once, this might actually speed the claims process along. However, your “fired” lawyer may still have the right to bill you for his or her services. You can find lawyers for auto accidents everywhere! They advertise online, on TV, and even on bus benches and billboards. All this information makes it challenging to figure out whether an attorney is good at handling auto accidents or is a good match for your situation. Fortunately, there are ways to make it easier to find a lawyer for an auto accident. Here are five tips to help you find a personal injury attorney. If you find yourself asking, Should I get an attorney after a car accident? chances are, the answer is yes. You may need to call a lawyer sooner rather than later if your insurance claim doesn’t go as planned or if you face any of these situations after a car accident: You also have a limited window for filing a legal action against another driver. These laws are called statutes of limitations. Depending on your state, your time limit may range from two to three years from the date of your injury. Hiring a lawyer can help you avoid missing these deadlines. You likely trust your friends’ and family members’ judgment, so ask them who they hired. You may find an excellent personal injury attorney match or learn who to avoid. If you don’t know anyone who has recently hired an auto accident attorney, search online and read reviews. You can find reviews when you pull up law firms on search engines. One review site, Avvo, lists attorneys and allows former clients to review them. Generally, you want to find an attorney who is skilled, professional, and reassuring. Most of this is personal preference, so take your time with this step. Start with calling attorneys first. Those first phone calls will give you an idea of how an attorney communicates and whether their office runs smoothly. Calls also indicate turnaround time; you want responsiveness, not days waiting for a return call or email. When you find someone promising, schedule a time for a consultation. Many attorneys offer a short consultation free of charge to discuss your case. If you’re not sure whether there will be a charge, be sure to ask. Some lawyers for auto accidents run like ‘personal injury settlement mills,’ which take as many cases as possible and settle them quickly. Proceed with caution if: The “mill” approach often fails to give your case the personal consideration or attention to detail it needs. You likely want to avoid those law practices and seek an attorney who treats you like a human rather than a potential settlement amount. Most personal injury lawyers charge a contingency fee for their services. The terms for this fee are outlined in a contingency agreement, which explains how lawyers receive compensation. Unlike a fixed hourly fee, you don’t have to pay attorney fees until the lawyer settles or wins your case. Once that happens, the attorney receives a portion of your damages award as their fee. That portion depends on when the case is settled. Percentages can range from 25% (if the case settles before the insurance company gets its attorney involved) to 50% (if the case goes to trial.) Here’s an example of how this works. Let’s say you sustained a bad whiplash injury, and your case settles directly with the insurance company for $25,000. In this case, your attorney receives 25% of the award as a fee, which is $6,250, leaving $18,750. You receive the balance after your attorney arranges payment of outstanding medical bills and other costs. Any agreement regarding contingency fees must be in writing, so don’t go forward with an attorney if they never present a written fee agreement. Make sure you understand how much an attorney receives and when. Ask questions if any part of the agreement is unclear. Choosing a personal injury attorney is similar to finding a therapist. You want to get along with them, but more importantly, you should feel safe talking to them. Successful car accident cases depend on you being as open as possible about everything, including items that may affect your credibility (past felony convictions, work issues, etc.). Your attorney can’t deal with those issues unless you share them. Also, injuries may come with embarrassing symptoms and circumstances. Your attorney may need to provide these facts to insurance adjusters and the attorney for the other party. The impact of your injury may be important to the success of your claim. Don’t hire an attorney if you can’t discuss these details with them. Your attorney should also listen well, answer your questions, and explain things you don’t understand. You should feel seen, and if that’s not the case you should find someone new. While money can’t replace the time and enjoyment lost after a wreck, it can make things easier — especially if you miss work or incur expenses due to car crash injuries. Even a minor car crash injury, like whiplash, can be painful and disruptive. Here’s how you can get compensated and move forward after an accident. The first step to receiving compensation for car crash injuries is filing insurance claims. Those claims are more likely to be successful if you have information ready. Start with the basic information you need for an insurance claim: Also, consider taking photos, especially if you feel shaken and worry about forgetting important details. Examples of compelling car crash photos include: Later, you can request accident reports, including anything filed by a law enforcement officer. The report may include facts you don’t remember and, more importantly, any tickets issued to other drivers. Record what happened while it remains fresh in your memory and note any pain or distress. You can write these observations down, but you might find it easier to record a short video or audio account on your smartphone after the accident. Seeing a doctor after a car accident documents your injury. Your injury claim is more credible if you seek medical attention immediately than if you linger in pain for days or weeks. If hidden injuries present themselves later, you at least have a pattern of establishing medical treatment and seeking care. Unfortunately, accident victims frequently overlook medical and mental health treatment as an important step to receiving compensation. Many drivers lose insurance claims because they downplay soreness or brush it off as ‘not that bad.’ Seek treatment for these common car accident injuries if you are sore, unusually distressed, or feel simply “off.” Soft tissue injuries include sprains, strains, and bruises to the muscles, tendons, and ligaments. Symptoms can be immediate or show up days after an accident. However, without treatment, these injuries become extremely painful. Examples include whiplash and back pain after an accident. Accident victims may sustain bruises and cuts from broken glass or impacts with the steering wheel, door panel, dashboard, or flying objects. Also, deployed airbags cause abrasions, especially with shorter drivers who sit closer to the steering wheel. You can suffer burns if your car or anything inside it accidentally catches fire. Airbag deployment can also cause burns on your hands and face. Drivers may also sustain burns if vehicle fluids or hot drinks splash on them at impact. If you sustained whiplash or experienced a headache after a car accident, it may be a good idea to have a doctor evaluate you for traumatic brain injuries (TBI). They can happen when accident victims hit their head on a dashboard, door frame, or steering wheel — but the jerking back-and-forth motion of a whiplash accident can also cause brain trauma. You don’t have to lose consciousness to sustain a TBI; if you feel dizzy, tired, confused, nauseous, or “foggy,” see a doctor immediately. Bad car crashes may result in broken bones, often hands, wrists, arms, ankles, and ribs. Drivers may suffer a fracture when they brace against the steering wheel or floor. Blunt force trauma is another cause of fractures. But you may not notice the fracture right away. For example, “dashboard knee” is usually a soft tissue injury resulting from the knee hitting the dashboard. However, further investigation can reveal cracked knee caps along with ligament swelling. Internal injuries are frequently hidden and you may not feel them until they become serious and life-threatening. It is a good idea to head to an emergency room or urgent care center as soon as possible after an accident so doctors can check for internal injuries before they become serious. There are instances where people develop PTSD from a car accident. Even minor accidents can lead to anxiety disorders, phobias, and other disruptive mental health conditions. You have two options for filing an insurance claim for car crash injuries: filing it with your insurance or filing with the other driver’s insurance. It’s normal to want the at-fault driver to cover your damages, but there are good reasons for using your own insurance. Using Your Insurance CoverageYour insurance policy may include personal injury protection (PIP), which covers medical expenses, lost wages, and rehabilitation costs when you sustain injuries in an auto accident. PIP pays these bills regardless of fault, so it keeps your expenses paid and under control. It’s also helpful if you miss work since it covers lost wages. Another benefit of PIP is its replacement services coverage. If pain, recovery, or immobility make life matters unmanageable, PIP will cover basic services like house cleaning, landscaping, and extra child care. Besides PIP, you may also carry uninsured/underinsured motorist coverage. This coverage pays medical bills, property damage, and noneconomic damages, like pain and suffering. It activates after hit-and-run accidents or when the at-fault driver doesn’t have enough insurance coverage to pay your damages. You may wish to skip your insurance and go straight to the other driver’s insurance if: Claims limited to property damage are the easiest to settle with another driver’s insurance policy. Insurance companies typically don’t dispute property damage after they accept liability. Also, repair receipts or estimates make property damage objective and easy to prove. If the insurance declares your car is a total loss (totaled), it will reimburse you for the car’s actual cash value (ACV). Car accident injury damages fall under two categories: economic damages and noneconomic damages. Economic damages include medical expenses, lost wages, rehabilitation costs, and other out-of-pocket expenses. Noneconomic damages are less tangible and they involve placing a dollar amount on things like “pain and suffering” and “reduced enjoyment of life.” You need to take different approaches when proving these damages. Here is how to start itemizing damages from a car crash injury. Economic damages are easier to prove in a car crash injury claim if you keep receipts and invoices. Once you start medical treatment and the claims process, you can likely get reimbursement for expenses arising from the accident. Medical care will likely make up the largest share of your economic damages. You can prove these expenses by keeping the following: Medical payments will likely pay out directly to your providers, not you personally. So, when you submit bills to the insurance company, ensure you provide the most updated statements. Otherwise, you risk still owing a balance after your case settles. For lost wages, take a compare and contrast approach. Start with pay stubs showing your income before the accident, and then pull up pay stubs after the accident. The comparison shows your wage loss and determines your compensation amount. You can take the same approach with diminished earning capacity. Sometimes, people can’t return to their previous profession due to disabling injuries. Head trauma, for example, may make it impossible for an accident victim to continue working as an accountant or attorney. Likewise, a physical disability may remove a car crash victim from a heavy-duty job into a lower-paying light-duty one. You may establish diminished earning capacity by comparing your previous pay to your current salary. Noneconomic damages are difficult to prove because they are subjective and vary between individuals. Your compensation amount can depend on how much your injuries change your life. Proving noneconomic damages is challenging but not impossible. The trick with these types of damages is contemporaneous records; you’ll need a history of what you were feeling or experiencing. These records are much more persuasive than recounting memories of your experience when you discuss them after your recovery. Consider keeping a journal of your recovery, either written, video, or voice recorded, and document your challenges. Even the most mundane details will help your case. For example, note any time you miss a vacation or a long-anticipated event or if you have severe pain one day that prevents you from grocery shopping. Other people can help you prove noneconomic damages, too. Your family, friends, and other loved ones can submit statements of what they witnessed. If you have mental conditions like PTSD from a car accident, psychiatric and counseling notes could help. The aftermath of a car accident can be exhausting. Once the dust settles and you’re away from the scene, it’s time to deal with paperwork. This is how to get a police report for a car accident, what you can expect, and the reasons you need one. The most common reason to obtain a report is to send it to your insurance company. All critical information such as contact and insurance for the other parties, diagrams of the accident, vehicle details, and date and location are contained in this one document . These five tips can make the process clearer and easier for you. There are a few strategies for how to get a police report. For a car accident in which police respond to the scene, it is a good idea to get the officers’ names and badge numbers. This makes tracking down the report much easier later. You can access a report filed by a responding officer in the following ways. Contact the appropriate law enforcement office to request your report. Whether the local police, county sheriff, or highway patrol respond depends on the jurisdiction. For example, state troopers may respond to accidents occurring on interstates and highways. The responding officer should give you instructions on how to find your report once it’s filed. If not, call or visit the appropriate police department. Additionally, many jurisdictions have simple online forms you can fill out to request your accident report. It is worth asking the responding officer if they have a carbon copy of the accident report available at the scene. This is unlikely as most jurisdictions charge a fee to access accident reports. If there is not a carbon copy available, the officer should provide you with a free report receipt, which you can reference to request the full report later from the appropriate law enforcement office. Usually, you are the one who obtains the report and sends it to the insurance company. Occasionally, however, your insurance company will collect the report, and you can request a copy from them. It’s worth asking your insurer since it could save you time and money. Your instinct will likely be to track down the accident report as soon as possible, but it might not be ready. Some jurisdictions may not make the report available until, for example, at least 14 days after the accident. On the other hand, some jurisdictions limit how long you have to request your report before it’s no longer available. It may be possible to obtain a copy if you miss the deadline, but it will be more difficult. Check with the responding police officer or law enforcement office. You should get documentation even if the police weren’t called. Legal problems can arise even after the most minor fender-benders. Other parties can claim later that they were injured, or claim you were at fault even if you were not. A police report may protect you from liability for something you didn’t do, or from car accident fraud. You may wonder how to get a police report for a car accident when police officers did not respond to the scene. In that case, you would need to file your own accident report by visiting your closest Department of Motor Vehicles (DMV) location. You may have between 10 and 30 days to report an accident on your own, depending on your jurisdiction. Depending on the state, your accident report may only be available to you, your attorney, your insurance company, and the other parties to the accident. You will likely need to request the accident report yourself. Rules for how to get a police report for a car accident vary by state. Some reports become part of the public record after a certain amount of time. Even when records are technically public, they may still be behind a paywall or only available for certain purposes. Your accident report was created by another person, so it likely won’t be perfect. Review it closely and bring any errors to the attention of the law enforcement office, or ask if you can amend it to include missing information. This can shield you from liability that may arise from a mistake or omission in the report. Every car accident is stressful, even a minor fender bender. These unfortunate events disrupt your routine, cause delays, and can set you and your passengers on edge. Knowing what to do after a minor car accident can put you in a much better position to make the best decisions in an emotionally charged situation. There is no generally accepted definition of a ‘minor’ car accident. However, the National Highway Traffic Safety Administration (NHTSA) defines the term in the context of when you should replace a child safety seat. A minor crash is one in which all of the following apply: Because it’s better to be overcautious regarding driver and passenger safety, this definition essentially restricts the designation to all but the slightest collisions. In broader terms, most people would probably agree that a minor car accident is one in which the vehicle(s) involved sustain minimal damages and the occupants have only minor injuries. However, the existence and scope of damages can be challenging to determine at the time of an accident. Accidents that seem to be small may result in significant damage. With a ‘latent injury‘ you may not feel hurt immediately after a car accident, even if you are. Adrenaline and endorphins can delay the onset of pain for injuries like broken bones and torn ligaments. Many other types of injuries — both minor and severe — may not be readily apparent. Some conditions take a day or more for symptoms to appear. Serious conditions like internal bleeding may not show any symptoms at all until it is too late. Minor car accidents can cause bruising, muscle strain or sprains, herniated disks, pinched or damaged nerves, concussions or other traumatic brain injuries (TBI), and more. Left untreated, many of these conditions can lead to chronic pain and serious complications. Some can even be fatal. If you are involved in an auto accident, it’s always a good idea to get checked out at the scene and again by your primary care provider within a few days. Modern vehicles are much different from classic cars and trucks. In the past, vehicles generally consisted of an exterior shell mounted on a chassis carrying the powertrain (motor and drivetrain). If a collision damaged part of the body, swapping in a new panel or part was easy and inexpensive. By contrast, most new vehicles use unibody construction: The car’s frame and body are manufactured as one piece. Even minor impacts can lead to significant structural damage and be very costly to repair. Most newer cars also contain advanced electrical and computer systems that control nearly every component of the vehicle’s operation. Hybrid and fully electric vehicles contain complex rechargeable battery systems (usually expensive lithium-ion batteries). Repairs can be very costly. Even a minor car accident can lead to your vehicle being declared a total loss, especially if it causes damage to one of these systems. For some luxury vehicles, an accident can significantly diminish the car’s value. Generally, the people injured in an auto accident are entitled to recover compensation (‘damages‘) from a driver or other party who is at fault for the occurrence. Often this is the driver of another car, but it can also be a property owner who allows a dangerous condition, a company that negligently hired a bad driver for its delivery truck, or another responsible third party. A liable party may have to pay “compensatory damages” to put the injured parties in the same position they were before the accident. Compensatory damages usually consist of “special damages” to reimburse the costs of medical expenses, vehicle damage, lost wages, and other financial losses related to the accident. They may also be liable for “general damages,” compensating the accident victim for losses like pain and suffering, emotional distress, and other non-monetary losses. Many people now use their vehicles to make extra money as rideshare drivers (Uber, Lyft, etc.). If you are unable to drive your car for a period of time after an accident (either because of damage to the vehicle or as a result of your injuries), you may be able to recover compensation for this loss of extra income as part of your special damages claim. Sometimes, a car accident that’s not particularly serious can still cause a driver to incur significant expenses. For example, if a store’s delivery van is involved in a small accident and unable to make its scheduled stops, the business may have to make expensive last-minute arrangements. In other cases, a driver may carry something perishable or fragile, and even a small accident could cause costly delays or breakage. Especially in unusual circumstances like these, hiring an experienced auto accident attorney can help you recover the full value of your damages.   The settlement process can seem daunting in the months after a car accident. Find your match with an experienced attorney who can guide you through the process.

Can You Get Unemployment If You Get Fired?

If you’re wondering Can you get unemployment if you get fired? you’re not alone. In fact, getting fired can happen to the best of us. Whether you’re entitled to unemployment benefits after being terminated depends in large part on the reason for your firing. We’ll discuss how unemployment benefits work, the difference between being laid off and being fired, and whether you can get benefits if you were fired for performance reasons. Unemployment benefits are a joint state and federal stopgap solution that provides short-term payments to unemployed workers looking for a new job. State law determines whether, how much, and for how long a prior employee can receive benefits by looking at payments and hours worked during a “base period” of employment. The benefits program provides 26 weeks of federal payments, with some states matching, exceeding, or even providing fewer weeks of payments than the federal portion. Unemployment benefits are available to those who are temporarily unemployed, through no fault of their own. Qualification for benefits primarily hinges on why the employee was let go, which begs the question: Can you get unemployment if you get fired? Not typically, but it depends. While the basic structure of unemployment generally stays the same from state to state, each state sets its own eligibility requirements, benefits, and filing procedures. For example, according the the Massachusetts Department of Unemployment Assistance (DUA), you must satisfy the following three eligibility requirements to receive payments: To be eligible for unemployment benefits in the state of your residence, you must: The answer to this question depends on the state in which you live and the specific circumstances of your firing. Generally speaking, if you were fired for poor performance, you may not be eligible for unemployment benefits either entirely or for a short time (disqualification period). What defines “poor performance” varies from state to state. Common performance-based scenarios rendering an individual ineligible for unemployment benefits include: Can you get unemployment if you were fired but have reason to believe it was an unlawful termination? Usually yes, if it was in fact an unlawful firing. But, it may require legal action. It’s important to know that all employees have certain protections under the law. Because employment is typically ‘at will,’ employers can terminate employees at any time for any legally defensible reason. If, however, an employee believes the basis of the termination was discriminatory or retaliatory, they can contest the termination by filing a wrongful termination claim. Finally, employees who are fired may be entitled to severance pay or continuation of their health insurance coverage. Other rights include: Understanding the rights of fired employees can help to ensure that they are treated fairly and receive the compensation to which they are entitled. Generally, employers can contest unemployment claims if they have grounds to believe that the claimant is not eligible for benefits. For example, if an employer believes that an employee was fired for misconduct, they may contest the claim on those grounds. Employers may also contest claims if they believe that the employee quit voluntarily or is still working part-time for the company. However, if you were ‘constructively terminated,’ meaning you were intentionally forced out by the actions or decisions of your employer, they may not be able to contest your claim. Simply put, you’re alleging wrongful termination in such an instance because you were left with no other decision than to quit. The key difference between being laid off vs. fired is ‘fault.’ If you’re fired, you’re found at fault. If you’re laid off, the company is found at fault. Most layoffs occur when companies must cut costs, reduce staffing, or due to other reasons such as mergers and acquisitions. Many factors can impact an unemployment benefits decision. If you’re still wondering, Can you get unemployment if you were fired? speak to an expert today for answers.

How to Get an Order Of Protection Dismissed

If you have an order of protection against you, it can be a very daunting experience. You may feel like you are unable to leave your home or see your family. Thankfully, there are ways to get the order of protection dismissed. In this blog post, we will discuss the steps that need to be taken in order to get the order of protection dismissed. Keep reading for more information!   An order of protection is a court order that someone can acquire from a judge, protecting them from someone. In most cases, it would be from an abusive spouse, and anyone who violates it can face severe penalties.  There are three different types of protection orders where people can lawfully get the protection they need.  They are: A temporary protection order is an order that’s legally put forth to a judge to keep an abuser away temporarily until that person can seek to get a permanent protection order. This order would last up to 14 days, and if the petitioner wants to proceed to get a permanent restraining order, they can.  An individual can seek a permanent protection order if they feel like they are still being threatened for their life after having a temporary restraining order in place. The permanent restraining order can last for a long time, and the judge will put different protections to safeguard the individual in danger.  The emergency protection order is where an individual would look for an instant restraining order against an abuser. If the threat persists, that person will go further by getting a temporary or permanent protection order.  Getting an order of protection dismissed is not a long process, but anyone who wants the protection order lifted should prove to the court that they are no longer violating it. In most cases, the court has to remove the lift, or if someone doesn’t extend it, the judge may not renew the order of protection.  Furthermore, if someone would like the order of protection dismissed before the initial time it’s supposed to, that person can file a motion. Filing a motion has to be done with the court, and it has to include the date, reasons for wanting the order of protection dismissed, and each person’s name.  If someone violates an order of protection, it is considered a crime, and anyone who does it shouldn’t, despite emotions being at their peak because of having the restraining order. If the other person violates the protection order, the only thing someone should do is to call the police immediately.  Breaking the law isn’t the right thing to do, and anyone violating the protection order can be slapped with hefty fines or even face some jail time.  A protective order can last up to a couple of years, depending on the order of protection someone has. There are temporary, emergency, and permanent restraining orders, and depending on which state you reside in, each type of order would have different time frames. For example, in California, a temporary protection order would last for 20 to 25 days; in New Jersey, it would typically be for up to 10 days; and in Maryland, it would not be more than seven days. Meanwhile, the emergency and permanent protection orders would also be the same, depending on where you live.  How to File a Harrassment Restraining Order   Anyone facing domestic violence should not take it lightly and immediately call 911 or report it to law officials. Also, no one should feel bad or scared to report such crimes because it can cause hurt to everyone, including children and family members.  There are various resources where someone facing domestic violence can go and find the help they need. Some of these resources are: There are also some numbers persons can call to get help, like the national domestic violence hotline and the national center for victims of crime. The persons in charge of receiving calls at these various institutions are always available to chat 24/7.

How to Track My Disability Back Pay

If you have a disability and seek government assistance, it’s crucial to track your Disability Back Pay (DBP). The DBP is the total amount of back pay you’re owed from the Social Security Administration (SSA) when you were unable to work. This article will walk you through how to track your Disability Back Pay (DBP) and what steps to take if there are any problems with your claim.  Social Security disability insurance (SSDI or SSD) is an insurance program that provides financial assistance to individuals unable to work due to an injury or illness before they reach retirement age.  The exact benefits and eligibility requirements vary from state to state, but typically, the insurer will provide a set percentage of the insured’s pre-disability income. In some cases, the insurer may also cover the cost of medical treatment and rehabilitation. Disability insurance can be purchased as an individual policy or as part of a group plan, such as an employer-sponsored insurance plan.  Short-term disability is insurance that provides compensation for missed work due to a covered illness or injury. Usually, the employer pays for the coverage either in full or in part. The specifics of what qualifies as a short-term disability vary by policy, but generally, the illness or injury must prevent the policyholder from performing the essential functions of their job. Some policies also have a waiting period before benefits kick in, and most have a benefit limit of 26 weeks. While short-term disability policies can provide much-needed financial support during tough times, it’s important to understand the limitations of these policies before you purchase one. Otherwise, you might find yourself unexpectedly without coverage when you need it most.  This coverage is similar to workers’ compensation but has different applications. Workers’ compensation provides coverage when the illness or injury occurred at work or due to workplace activities. In contrast, short-term disability provides coverage even when the employee injures themselves outside of the workplace. Generally, you cannot qualify for both workers’ compensation and short-term disability for the same incident at the same time. Long-term disability insurance is a type of insurance policy providing financial assistance to individuals who cannot work for a long period of time. You can qualify for it if you: Some medical conditions that can qualify for long-term disability benefits include:  This list isn’t exhaustive and qualifying conditions vary depending on your insurance policy. You can apply for disability benefits online, or if you don’t have access to the internet, you can apply by calling the Social Security Administration’s toll-free number, 1(800) 772-1213.  You’ll need to provide information about yourself and your family members to apply. This includes information like: For more information, visit the Social Security Administration’s website.   The Social Security Administration (SSA) offers a variety of programs to help those with disabilities, including Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). If you are approved for benefits, you may be entitled to disability back pay, past-due benefits, or the number of benefits you would have received had your application been approved immediately. Back pay can be paid in a lump sum or in installments, and it is important to keep track of your payments so that you can budget accordingly.  Still confused on how back pay works? It’s like this. Pretend your rheumatoid arthritis prevented you from completing your daily tasks at work in January. However, you applied for Social Security Disability Insurance in February, but your claim was denied. Then, you appeal, and an ALJ (administrative law judge) ruled in your favor, determining that your disability did begin in January. However, it’s now December, and you haven’t received a paycheck in nearly a year. So, you’re entitled to back pay. By law, SSDI benefits have a five-month waiting period, so you’re entitled to 10 months of back pay.   You can also receive back pay for delays in applying for Supplemental Security Income (SSI).  There are a few different ways to track your disability back pay. First, you can create a simple spreadsheet with the date of each payment and the amount received. This will help you keep an accurate record of your payments and ensure that you do not miss any payments. You can also set up a bank account specifically for your disability back pay, which will help you keep track of the money you receive. Finally, you can ask the Social Security Administration for a statement of your back pay every six months. This statement will provide detailed information about your pay. SSD benefits can be received back to the year before the application date, which means you can receive a maximum of 12 months of back pay. There is no limit to the amount you can receive.  If you are receiving Social Security Disability Insurance (SSDI) benefits, you may be wondering if you can still work. The good news is that the Social Security Administration (SSA) allows recipients to try working for up to nine months within a five-year period through a Trial Work Period (TWP). During the TWP, you can earn any amount and still receive your full SSDI benefits. This period is designed to give you a chance to see if your health has improved enough that you can return to work regularly. If you go back to work full-time after the TWP, your SSDI benefits will stop. However, you may still be eligible for Medicare coverage for up to 29 months.  After your TWP ends, you’re eligible for a three-year Extended Period of Eligibility (EPE). This allows you to work and receive SSDI benefits for your earnings at or below the Substantial Gainful Activity (SGA) level every month. Also, for the first five years after your benefits end, with Expedited Reinstatement (EXR), if your earned income drops below the SGA level, you can get back on SSDI benefits without having to reapply.    Generally, no, you cannot collect both social security and disability. You may qualify for the Supplemental Security Income (SSI) if you meet the financial criteria.  Through the Social Security Administration website, you can check the status of your application online using your personal my Social Security account, or you can call the SSA directly at 1 (800)772-1213. Unfortunately, there’s no way to get your backpay faster. Under certain circumstances, you can get some of your pay faster by contacting the Social Security Administration (SSA) and asking them to release the funds to you sooner. There is a five-month waiting period after you’re approved for Social Security Disability Insurance (SSDI) benefits. The waiting period begins with the date that your disability began. For example, if you became disabled on June 1, 2018, your waiting period would begin on that date. Your first benefit would be paid for November 2018. If you have a disability that is expected to last at least one year or result in death, you may qualify for SSDI benefits. You can check your social security benefits using your mySocialSecurity account. Once you have an account, you can check your benefits and application status, estimate future benefits, or manage your benefits.  If you have been approved for disability benefits, it is important to track your back pay. This will ensure that you are paid the correct amount of money for when you were out of work. The Social Security Administration has a process in place to help beneficiaries track their back pay. You can also use a third-party service to help you keep track of your payments. By following these steps, you can be sure that you receive all the money that you are owed.

How to Report a Business

Are you unhappy with your experience at a business? Whether it’s a small local shop or a large national chain, customer satisfaction is important. The best way to let a business know that they’re not meeting your expectations is to report them. Certain reports can be made anonymously, so you don’t have to worry about repercussions from the business in question. This article will help you understand the process of how to report a business. Reporting a business can be a complicated and stressful process. There are a number of things you should do before you report a business so the process goes as smoothly as possible. First, research the business you want to report. This includes looking up their contact information, visiting their website, and reading any reviews or complaints about them.  You should also gather any evidence you have of their wrongdoing, such as receipts, emails, or pictures. This way, you can back up your claim.  Once you gather the information, you can contact the Better Business Bureau (BBB) or the Federal Trade Commission (FTC) to file a complaint. Include all of the relevant information and evidence in your complaint so that it can be properly investigated. We’ll review this process more in-depth in the next section.  If you aren’t satisfied with the way a business conducted itself, you have the right to complain. The first step to reporting a business is to go directly to the business you’re trying to report. This way, you can try to encourage customer service to rectify the situation. The company may give you a discount or offer you a free service. After speaking with customer service, ask them to transfer you over to a manager. Explain what happened, when it happened, who it happened with, and any additional information that may help them investigate the incident. If the company doesn’t attempt to help you or investigate further, then you can move on to step 2.  Some complaints are best displayed publicly as the company may be quick to save face and offer you a way to resolve the dispute.   Write your complaint to the Better Business Bureau using their online complaint filing system.  Every year, countless businesses are reported to the Better Business Bureau (BBB). The BBB is a nonprofit organization that collects complaints from consumers and helps businesses resolve issues. If you’ve had a negative experience with a business, reporting it to the BBB can help to hold the business accountable and prevent others from having the same experience. Once the report is filed, the BBB will investigate and work with the business to try to resolve the issue. If the problem is severe enough, the Federal Trade Commission (FTC) can investigate the company. The complaints offer the FTC the opportunity to build a case on the company, in the event of wrongdoing. On the FTC’s website, you can file an online complaint in a matter of minutes. If you’re a victim of spam and fraud, email the FTC’s Consumer Fraud Department. Once you file your complaint to various channels, you may be wondering what happens after you report a business.     When you report a business, the first thing that happens is that an investigation is opened in order to determine whether or not there has been any wrongdoing. This usually involves looking at the business’s financial records and speaking to employees and customers. If the investigators find evidence of illegal activity, then the business will be shut down and the owners may be prosecuted. In some cases, businesses may be able to avoid prosecution by agreeing to pay a fine or make changes to their practices. However, if a business is found to have engaged in serious illegal activity, it may be permanently shut down and its owners could face prison time. Unfortunately, the Better Business Bureau (BBB) doesn’t process anonymous complaints so you’ll need to provide your personal contact information as well as evidence pertaining to the incident which will then be shared with the company under investigation.    If you’re ever in the unfortunate position of handling a business you reported, there are some things to keep in mind as you continue to deal with the reported business.  Businesses are legally required to cooperate with investigators, so don’t be afraid speak up. If there’s a specific complaint, let it be known and heard.  In the event you need to file a complaint or take legal action, you’ll need evidence to back up your claim. Keep track of all correspondence or documentation related to the case. Finally, be prepared to be patient; investigations can take weeks or even months to complete. It isn’t a speedy process and for good reason as investigators need time to review your case.  If you follow these tips, you’ll be in good shape to get the resolution you’re looking for.   There are a few things you’ll need to do in order to properly report a business. First, you’ll need to gather all of the necessary documentation. This includes paperwork detailing the nature of the business, as well as any relevant financial records. Once you have all of this documentation, you’ll need to file a report with the appropriate agency like the Better Business Bureau or the Federal Trade Commission. If you’re reporting a business for its bad practices, try to resolve the issue directly with the business. If you are not able to do so, or if you believe the problem is serious, you can file a complaint with the appropriate government agency.  One of the online services the BBB offers is the ability to file a complaint against a business. This can be helpful if you feel like you have been treated unfairly or if you have experienced a problem with a product or service. The BBB will investigate the complaint and try to resolve the issue. If they are unable to do so, they may take legal action against the business. filing a complaint with the BBB can be an effective way to get results. Everyone has had a less than satisfactory experience when dealing with a business. Maybe the product or service you received was not what you expected, or the customer service was less than acceptable. If this has happened to you, don’t sit and complain to your friends – report the business! Reporting a business can help protect other consumers from experiencing the same problems, and it may also help get your money back or improve the service you received.

What Is Double Parking?

If you’ve ever been to a city, you know that parking can be a nightmare. You can spend hours driving around in circles looking for a spot, only to find one that’s too small or the wrong way around. And don’t even think about parking on the street! But what are your other options? Many people turn to double parking. While it may seem like a quick and easy fix, double parking can often lead to problems. In this article, we will answer the question, what is double parking? Double parking is when one driver of a vehicle parks directly behind or next to another vehicle that is parallel parked, making it difficult to remove his car from the street. Double parking can also cause more traffic congestion, and drivers are prone to making more accidents. Not only so, but persons are also likely to receive traffic fines.    Double parking isn’t the safest thing to do, and anyone caught doing so can be fined. There is another alternative individuals can do to avoid doing that making it easier for themselves and other drivers.  If you’re driving on a busy street and notice that there are already other vehicles parked where you usually do, then the safest thing you can do is make a couple of rounds about the street. If there is no chance of parking on that street you want, you can park a little further from where you usually do to get to your destination. Besides, nothing beats a little exercise!  Another option could be leaving your car at home and taking the bus or train to get to where you’re going or paying for your parking stall in advance to avoid looking around and having other drivers take your spot.    If you have been in a situation where someone has double-parked you, the safest thing you can do is remain calm, try your best not to get angry, then call the police, and they will take it from there by maybe towing out the vehicle.  If you don’t want to involve law enforcement, the other option would be to wait it out. Maybe be patient until the driver of the vehicle who double-parked you returns to move their car.  How Do I Know If I Have Outstanding Traffic Tickets? Double parking is illegal, and this can lead to traffic violation fines. Each state has different traffic violation fines for doing so, for example: The obstruction of traffic, especially in the busy city, is unbearable and can get drivers very irritated, leading to accidents. Furthermore, the persons who double park would make it very difficult for other drivers to remove their vehicles.

Siblings’ Rights After Parents’ Death – A Guide to Planning & Decision-Making

No one ever thinks about outliving their parents, but when it happens, the surviving siblings can be left with a lot of unanswered questions. What are their rights and responsibilities? How do they divide up the estate? Who makes decisions for the family? This post will explore those questions and offer some guidance about siblings’ rights after their parents’ death. After parents’ death, siblings have lots of planning and decisions to make. In addition to grieving, there are many legal matters that have to be settled upon too.   The conflict between siblings usually begins at the death of parents, and sibling would want their rightful share in whatever their parents owned. There comes into play a will or trust. If the parents left a will or a trust, it would be easier for the siblings.  However, there can be situations where the parent never left a will, so siblings will have to decide who gets what, which could be a challenge. One sibling may complain about not having enough money, while the other may want complete control over the business, or the property should be under another’s name. Not having a will or trust could cause a terrible family feud and lead to circumstances they’d regret later. If the parents never left a will, or if there was a will and the siblings want to avoid all this confusion, they would have to take it to court. Throughout this process, the court will decide who legally gets what. By the court, distributing the deceased parents’ assets lawfully to each person is a process called “probate.”    Dividing of wealth amongst siblings after parents’ death can be a disputable matter. Generally, the dead parents’ wealth is supposed to be divided equally among siblings, but sometimes this may not be the case.  In the parents’ will, sometimes if there is a sibling that’s disabled, there would be a more significant amount of wealth left for this sibling because of their disability. In some situations, the oldest amongst the children would seek more, or maybe a sibling with medical issues would want more from the parents’ wealth. Having a will is always the best way to avoid conflict between siblings, but they could always contact a lawyer to sort out issues if there are disagreements.    After their parents’ death, typically, the siblings already living in that house would just remain there if they didn’t want to leave. However, if the deceased parents made a will and didn’t give them ownership of the home, then the person’s name who is on the will to own the house would have to inherit the home.  The sibling who’s supposed to inherit the house can decide who can reside in the home or leave.  Losing your parents is just something no one can get used to because at whatever age you are, the thought of the death of your parents, in reality, can be a hard pill to swallow. If the siblings are adults, then there are greater chances that they can take care of themselves, like buying their food and going through their schooling. However, when it comes to younger children, this can be more challenging because they are under age and can be more vulnerable to: Usually, in younger children, the caregiver would have the responsibility to continue to pay for their school, food, etc. There can also be some strategies that can help children who fall under this category to cope, like being positive and speaking kind words to the children, giving them a listening ear, communicating with them, etc.    After their parents’ death, some siblings may decide upon selling the house. This decision on the sale of the family home may be easy, but sometimes it can also be problematic. Many questions should be asked in this situation, like did the deceased parents leave a will, and is it included in that will who should own the home, or should the house be sold? Another question should be whose name is on the title of the house? And is the house completely paid off, or is there still a mortgage on the home? If the sibling inherited the house from the deceased parents, some steps must be completed before the house’s final sale. Some of these steps include contacting the estate executor, finding a real estate agent with experience in selling homes such as inherited homes, verifying the insurance policy for the inherited house, etc.  If there is more than one sibling, and all children have no known medical issues or disabilities, the most obvious thing is to equally share the deceased parents’ possessions. However, with or without a will, if the sibling wants more than their share, they can get a lawyer and take it to court.    Siblings dealing with the death of their parents’ intestate can come with some issues compared to the siblings whose deceased persons have a will. Having a will makes things a lot easier, however, being intestate (someone who dies without a will) can cause many disputes between family members about who should own the property.  Since the parents never left a will, sometimes siblings may want plenty more than others, leading them to court.   Can I get financial aid when my parents file bankruptcy? As mentioned before, having a will is the best and safest thing. Still, if no will is involved, then the siblings should try their best to communicate properly, make decisions based on each other thoughts and try their best to divide the parents’ possessions in an equal manner.

Is Pepper Spray Legal in NYC?

It’s no secret that New York City is a big, bustling city with more than its fair share of crime. So, when faced with the reality of being mugged or worse, many people turn to self-defense mechanisms like pepper spray to protect themselves. But is pepper spray legal in NYC? Let’s take a closer look. Pepper spray consists of an ingredient called oleoresin capsicum, an oil that originates from the plant of the genus Capsicum where we get those spicy chili peppers. A few sprays and someone’s eyes become very teary because it stimulates the tear ducts in no time. Another critical ingredient called capsaicin is found in pepper spray; capsaicin is the chemical that produces the heat in the chili peppers. However, the heat in those peppers can’t be hotter than the pepper spray! This “fiery spray” has far more concentrations of capsaicin than the chili peppers we consume. People would usually purchase this spray to protect themselves against violent attackers, animals like bears, or aggressive dogs. Persons should not use pepper spray in any other way other than through self-defense from an attack or attacker. Furthermore, there should be a clear instruction guideline about its use on the spray bottle when purchased. The use of pepper spray is legal in NYC; it’s legal in all 50 states, but depending on which state someone resides in, there are some guidelines for carrying the bottle. For example, based on some state requirements, individuals under 18 should not own a pepper spray bottle, and also, in some states, convicted felons are not allowed to purchase pepper spray. There could also be circumstances where persons can carry the bottle, but it has to be a particular size and amount where they shouldn’t exceed a specific number of ounces per bottle. Becoming familiar with the use of pepper spray is also very important. Sometimes, using the spray bottle and protecting yourself from attackers could save your life. One major factor we should consider is its use and how to use it correctly. Here are some guidelines on how you should use pepper spray correctly. When holding the pepper spray bottle, you should grip the bottle comfortably and place your thumb on the top of the bottle to spray. By placing your thumb on the top of the bottle, you will have a secure yet confident grip when holding the pepper spray in the palm of your hands. In addition to having the bottle enclosed in the palm of your hand, you would also be in a good position if you may need to punch out the attacker. Another important tip when using pepper spray is always to keep your arms bent when spraying; doing this would prevent an attacker from hitting the bottle out of your hand. Getting to know the amount of pepper spray shots you have in your bottle is vital. As an owner of a pepper spray, getting to know how much you have left in the bottle will keep you aware just in case you may need a new spray. Knowing how far your pepper spray can spray is also significant. Most spray bottles can go as far as 8 to 12 feet or 3 to 4 meters. So get familiar with the distance of your pepper spray bottle. Having your spray at a good reach is vital, just in case you may need to grab it. Keep it at arm’s reach. Also, be aware that you should always aim the pepper spray at their eyes if you have to put down an attacker effectively. You should be familiar with arming and disarming your pepper spray bottle and always try your best to keep the spray bottle in safety mode when not in use. Pepper spray is a great way to defend yourself when in danger. It must be used correctly and disarmed when you have no intention to use it. When using the spray, be aware of how you hold it because you can spray yourself accidentally. Pepper spray should not be kept near children or pets when not in use. Though pepper spray can be used as self-defense, it is dangerous if it’s not disarmed and kept away from children or pets. If sprayed on the face, someone will have a scalding sensation in the eyes, nose, mouth, and throat. One to a few doses of pepper spray could also prevent someone from breathing and even cause temporary blindness. If you’re looking for pepper spray, they are easily available all over NYC. They can be purchased at hardware stores, sporting goods stores, and select pharmacies. Some of these places are: Pepper spray laws vary from state to state – do your research before purchasing!

Where Can I Get a Photo ID Besides the DMV?

If you need a photo ID and don’t have time to go to the DMV, there are other places you can go. You may be able to get a photo ID from your employer, school, or bank. Some states also offer free IDs for people who don’t have any other form of identification. Whichever route you choose, make sure that you have all the necessary documents with you. In this article we will dig deeper and answer the question, where can I get a photo ID besides the DMV?    A State ID is a government-issued form of identification that proves the holder’s citizenship and identity. It’s similar to driver’s licenses, but you do not need to take any tests for it! Much like a standard-issue driver’s license, the State ID number is found at the top of the card.  Some states, like New York, offer Non-Driver ID Cards as a driver’s license alternative.  A School ID is a school-issued form of identification for primary and secondary schools in the United States. With a school ID, students can safely enter the school building and access specific rooms. Military IDs are government-issued identification cards to identify members of the Armed Forces or a member’s dependent (for example, a child or spouse).  With military IDs, members can access military bases, Base exchange (such as AAFES, Navy Exchange, Marine Corps Exchange, and the Coast Guard Exchange, commissaries, and Morale Welfare and Recreation (MWR) facilities. These cards also prove eligibility for medical care delivered through either the military health system or through TRICARE. Passports are government-issued travel identification documents containing an individual’s identity information. It allows the passport holder to enter and exit foreign countries with ease and to also access consular assistance while overseas (such as during emergencies).  The passport certifies two things: the individual’s identity and nationality. Standard-issue passports contain: Work IDs are similar to school IDs in that they help individuals enter a workplace and access certain rooms in the office building. Work IDs are workplace-issued forms of identification to identify individuals working for an organization. Typically, a work ID includes an employee’s name, role within the organization, their photo, the company’s branding, a barcode, and an employee ID number. A credit card is a payment card issued by a financial institution (usually a bank) enabling an individual to pay a merchant for goods and services based on a cardholder’s accrued debt. Credit cards grant cardholders access to a line of credit (much like a loan). The cardholder is responsible for paying back the debt accrued on the credit card.  Are you in need of a photo ID but dread the thought of going to the DMV? Have no fear! There are actually several places where you can get a photo ID without having to endure the typical long lines and bureaucratic runaround. Here are just a few options for getting your hands on a valid photo ID. You can skip the lines at the DMV and go directly to your local United States Postal Service. The ID you receive at your post office is a passport card. It’s not only just an ID, but also has the following benefits: To receive a passport card, you’ll need: State departments will give your certified copies of your documents back to you but will keep photocopies. If you attend a college or university then you’ll be eligible to receive a student ID. Many colleges and universities require student identification cards in order to enter certain buildings, purchase books from the university bookstore, or for test-taking purposes.  A student ID grants a whole host of benefits including: With a student ID, you not only receive discounts but can save hundreds of dollars a year on products and services. Some businesses offer credit or debit cards with a photo ID on the card. Identity photo cards reduce the risk of fraud. These services don’t come free though as many businesses and banks charge a fee. To obtain a military ID, individuals must be registered in the Defense Enrollment Eligibility Reporting System (DEERS). Typically, the initial entry into DEERS occurs at Basic Training or after the first assignment. An eligible individual must fill out an official form and provide personal information to receive the first ID card. Now that you know how to obtain ID cards, let’s review why it’s important to have one in the first place.   Nowadays, identification cards are ubiquitous and without them, no one will know who you are. Photo identification cards don’t only show your name or picture–they are a gateway to freedom, allowing you to secure loans, purchase alcohol, travel to another country, and more. The most common types of photo IDs are driver’s licenses, national identity cards, and a workplace ID. These cards ensure security and confirm an individual’s identity.  Photo identification helps you:   Real ID is an Act of Congress that sets requirements for state drivers’ licenses and ID cards. The Real ID enacted the following: The Real ID Act isn’t an actual ID but a set of standards for federal and state identification. Starting on May 3, 2023, every air traveler must have a Real ID-compliant license or accepted form of identification (like a passport or military card), or a DHS trusted traveler card for domestic air travel.     You can obtain a photo ID from the bank, the post office, college or university, or in the military. Different entities have different rules on how to apply and what you need to apply.  There are passports, passport cards, driver’s licenses, school and college IDs, military ids, department store ids, and more.  You cannot get your first photo ID card online as you need to prove your identity in person. But, if you need to replace a lost, damaged, or stolen state ID card, you can apply for a replacement through your state’s Secretary of State (SOS) online.  For address changes, you can submit your request online, but for name changes, you need to go into a Secretary of State branch and present your proof of your name change.  There is no required age to obtain a license, but the recommended age is 18. If you want to travel anywhere in the United States, you will need a REAL ID-compliant document to travel domestically.  A state ID is a government-issued form of identification containing your personal information and it proves the holder’s identity and citizenship status. State ID cards provide an easy means of identification. They are easier to obtain than a driver’s license (no driving required!) and a lot less expensive than a passport.   

What Does a Flashing Red Light Mean

Have you ever seen a flashing red light and wondered what it meant? Turns out, it has a specific meaning, depending on the context. Keep reading to learn more about what flashing red lights mean and when you might see them. You may have seen a red light on your car and wondered what could this mean? These lights can be seen on many automakers such as Audi, Toyota, Nissan, etc. You may also see a signal on your dashboard which looks like a car with a lock to the front; this light can be blinking also.  This blinking red light in the car is more of a built-in alarm system for your vehicle where it could prevent someone from burglarizing your vehicle. This blinking red light can be referred to as the anti-theft or immobilization light.  The anti-theft light indicates that you need your key to start the vehicle, and it also alerts any car thief that this vehicle has an anti-theft system. This built-in light can be seen on the following parts of the car, either the: Some people may not notice the blinking red light during the day, but it can be very noticeable at night.  While driving, most people may notice the traffic signal blinking red, some may ignore it entirely, or others may wonder what this even means? This red light on the traffic signal does have a meaning, and it’s also important to be aware whenever you see it.  When you see a flashing red light, you stop your vehicle completely, observe the traffic around, and proceed with caution once you are clear. When driving and you notice this signal, you should take the best precaution; as a matter of fact, persons should treat the flashing red light as a stop sign.  Not stop entirely and wait for a green flashing light but should come to a complete stop and allow oncoming traffic to proceed and then go cautiously once cleared.  Airplanes have various lights, but we will identify the flashing red light on the aircraft right now. The red light on the plane is called the beacon light.  This red light will be turned on before the airplane engine is started or is about to start. The ground personnel should know that the plane’s engines have started and the nearby area is unsafe with this light turned on. If you’re walking or cycling and you get to a point where you see a flashing red light or a flashing red man, you should stop. This means that you should not cross the road; stop immediately. However, if you’re crossing the street while it is green and while walking or cycling, it switched to red, you should continue cautiously crossing the street, observing your surroundings.

How to Check If a License Is Suspended Online

Driving with a suspended license in the United States is a serious crime and can lead to strict penalties. Many drivers can fall into this category where they are driving around without even knowing their license is suspended, and as we said, it is dangerous, and it’s a crime to do so. The good news is that there are ways someone can check if their license is suspended by doing a driver’s license check. Therefore, this article will discuss how to check if your license is suspended online, how to reinstate that suspended license, etc.    Someone driving with a suspended license can face some time in prison and can also be fined, but you can avoid all of this by just doing a driver’s license check. There are various ways you can check to see if your license is suspended, but we will delve into how to do so online.  It all boils down to which state you reside in; each state is different regarding the penalties of a suspended license.  To check if your license is suspended online, you need to visit the DMV (department of motor vehicles) website and select the state in which you have that license issued. By getting this done, you first need to verify your identity, and after, you should be able to see if your license is suspended or not. If your license is suspended, there should also be a valid reason why it was suspended.  Don’t panic! Having a suspended license is temporary. If your license is suspended, you can have this suspension removed. Please note you should not drive with a suspended license because you can lose all your driving privileges, and above all, it’s illegal.  If your license is suspended, the first thing you may need to do is to create an account online by visiting your state’s DMV website.  After you have created the account, you may need to provide some personal information, like your: Don’t overthink it too much because your information will be secure, and this is a way to maintain that your driver’s record is private. Once you have created your account, you pay a fee to see the status of your driver’s record, and you can also print a copy. Also, note that each state is different regarding the amount you have to pay to see your driver’s record online.  Before the motor vehicle department gives you your driver’s license, you must get some things done before you’re on your way to getting the license back. Now, each state has different laws regarding the reinstatement of the license, and it also depends on the type of infraction you’ve had.  Some states require you to pay specific fees before getting your license reinstated. There are various payment rates in different states, and the cost is calculated based on the type of infraction. Some states charge you more money to get your license reinstated based on whether it’s your first time having your license suspended or on numerous occasions. Here is a list of some states and the price range of their license reinstatement fees:  You must also get insurance in some states before having your license reinstated. The SR-22 form or the FR-44 insurance forms are a requirement, and these are documents of financial responsibility that you need to get before having your license reinstated. Not all auto insurance providers issue these forms, but persons can easily purchase them from another insurance agent.  Some persons may have had a suspended license for a DUI or by maybe just terrible driving. In some states, it’s required that you go to a DUI program where you will be educated on the dangers of using alcohol and drugs while driving. The course would usually last for several hours, and you have to pay before taking this course.  Furthermore, depending on which state you reside in, you may also have to attend a defensive driving course program, and you will again learn about proper driving skills, the safety measures while driving, etc.    Driving with a suspended license is dangerous, and it’s also a criminal offense. Doing so can lead you some jail time and fines up to $2,500 or more. For those who got charged multiple times with suspended licenses, their penalties would be harsher than first-time offenders.

The Lowdown: Can You Get Unemployment If You Quit?

Unemployment benefits are meant to cover you financially in between jobs or for a set period of time as defined by your state. They’re typically issued for people who have been laid off from work, but you might be asking can you get unemployment if you quit? The answer is maybe. If you’re thinking of quitting your job and would like to know more, take a look below, where we’ll go over: So you’re making the leap and quitting your job. Aside from the fact that you’re definitely not alone — a record number of Americans have quit their jobs since November — it was probably a tough journey to get to this decision today. Good for you. By now you might be wondering whether you’ll qualify for unemployment benefits since you decided to leave. The answer isn’t so cut and dry, and the reason you quit will most likely determine your eligibility. Traditionally, unemployment benefits were designed for employees who experience an unexpected income loss from being laid off (or sometimes fired, depending on the circumstance). So, most often, you won’t get unemployment if you voluntarily leave your job. But, good news, there are exceptions if you leave for what’s known as “good cause”. While this concept varies in how each state defines it, we’ve outlined some of the more common good causes below. You’ll need to contact your state’s unemployment insurance office to figure out whether you’re eligible for unemployment benefits — and it’s wise to do this before announcing your resignation! The office can assess your specific case and state why you can claim good cause if your employer contests the benefits. And, if your claim is denied, you should get a hearing to plead your case. If the hearing doesn’t go well, your last option is to appeal the denial (more on this, below). When you quit for good cause, it usually means that most reasonable people would not have stayed in the job because the conditions or environment were that bad. Reasons can be anything such as: It really comes down to a case-by-case basis at the discretion of your state. No matter the situation though, you need to prove you did all you reasonably could to better your circumstances and that quitting was the final option. In other cases and in some states, good cause can include personal reasons, like: If these types of situations apply to you and are considered good cause where you live, you won’t need to demonstrate that you tried to keep your job. Keep in mind that if you decide to leave your job without a compelling, urgent reason, you can’t get unemployment — this applies across the board, in all states. Perhaps you simply feel dissatisfied or unchallenged and there are no viable advancement opportunities, so you choose a totally new career path. This could be a wonderfully necessary life choice that will improve your overall well-being, which is absolutely worthwhile. Just know that you won’t be eligible for unemployment benefits. Good cause is the most common type of situation for which you’ll get unemployment, but you could also be eligible if each of the following applies to you. Of course, a big question about unemployment is exactly the type and amount of benefits you’re eligible for. You’re probably wondering if it’s enough to live off of and how long you’ll be compensated for. While your benefits are based on some percentage of your last salary, unfortunately, the answer is not so clear cut since it all comes down to where you live and the decisions of your state. Most jurisdictions offer unemployment for at least 26 weeks and there is usually a cap on the amount you’ll receive. Again, as with everything else benefits-related, check with your particular state’s unemployment department. Besides quitting without good cause, you might not be qualified to receive unemployment if: So, you’ve made it this far and are confident you’re entitled to unemployment if you quit. To file for benefits, your next step is to visit your state’s unemployment benefits website to find and complete the application. You’ll need to provide standard personal information, like your full name and address, Social Security or work visa number, and information about your most recent job. You can also go through the process in person at your local unemployment office, if you prefer. Keep in mind that the whole process often takes a few weeks, so be sure to get started with your claim as soon as you can. This includes submitting any supporting documentation for your case. In most cases, you’ll get a verdict after about 3-4 weeks. Once you’re approved, you can breathe a little easier as you’ll be supported financially during your job search. If you’ve filed for unemployment but your claim was rejected, or your employer contested it, there’s still some hope as you can explore the option of appealing the decision. The process for this varies from state to state, so be sure to consult with your unemployment office on the appeal guidelines, requirements and process. As well, keep in mind that you might not have much time — some states give only 10 days from the denial date to appeal. In most cases, you’ll need witnesses, supporting documents, and continuous filing for benefits during the appeal time frame. The department’s website will be helpful as a start, but you’ll quite likely have specific questions around your particular claim, so phoning or visiting to speak with someone is often your best option. Hopefully, this article has shed some light on if and how you can get unemployment if you quit your job. There are countless reasons to leave a bad work situation and it would be great if your personal circumstance qualifies you for benefits. But if not, think long and hard about staying in your job despite this. If your reasons are compelling and important enough, leaving could be worthwhile and, with some discipline and perseverance, it’s possible your financial situation can withstand that gap between jobs. Good luck! Unemployment benefits are usually for employees who unexpectedly lose their income due to a layoff. Exceptions are if you quit with “good cause”, defined differently by each state. Good cause simply means a negative situation in which a reasonable person would quit their job, often when the work environment or conditions are so unfavorable. Examples of good cause situations at work include: Good cause can also include personal circumstances, like: You might be eligible for unemployment if you: Nationwide, you need an urgent and compelling reason to quit in order to qualify for unemployment. While this doesn’t include job dissatisfaction, it’s still an important reason to consider new career opportunities. Benefits are based on a certain percentage of your previous salary, but the amount you get is decided by and varies by state. Most offer unemployment for 26 weeks minimum, with a cap on how much you can receive. Head to your state’s unemployment benefits website (or office) for the application. Be ready with information like your name, address, Social Security or work visa number, most recent job details and supporting documents. The whole process can take a few weeks, and you’ll usually hear back after 3-4 weeks or so.

Who Can Override a Power of Attorney?

If you have a power of attorney (POA), it’s essential to know who can override it. In this post, we’ll look at the people or entities who can step in and make decisions for someone if they’re unable to do so themselves. We’ll also discuss what happens if there’s a dispute over who should be making decisions for the person with the POA. Read on to learn more! When planning for your future, it’s important to nominate a power of attorney. A power of attorney is a legal document that allows someone to act on your behalf. This person (or persons) is known as your agent or representative. You, or the person initiating a power of attorney, are also known as the Principal. You can give your agent the authority to decide for you on a wide range of matters, including financial, medical, and legal issues. Power of Attorney (POA) takes effect whenever you, the Principal, specify–you can choose to instate it immediately or only upon the occurrence of a certain event like a mental or physical disability rendering you unable to take care of yourself. In addition, you can revoke a power of attorney at any time, although most states require a written notice of revocation for the person you named as your agent. When you nominate a Power of Attorney, you grant that individual the right to make important life decisions on your behalf. On the Principal’s behalf, a power of attorney has the right to: There are different powers of attorney, each granting different rights to the appointed agent. Generally, there are four types of power of attorney, General, Durable, Special (or Limited), and Springing Durable. A general power of attorney is a legal document that allows the agent to act on behalf of their principal in any matters as allowed by state laws. The person appointed with this agreement may be authorized to They’ll also manage assets and file taxes if necessary. When you’re not able to manage your affairs, a general power of attorney can be useful. However, since the agent has immense control over your assets, you may want to limit this type of power of attorney for a short period of time. A general power of attorney ceases to remain in place when the principal becomes incapacitated, revokes a power of attorney, or passes away. A durable power of attorney (DPOA) means that your agent’s authority to act on behalf continues if you become incapacitated (for example, falling into a coma, severe mental health impairment). It is effective immediately after signing unless otherwise stated. Typically, when estate planning, it is assumed that the listed power of attorney is durable since you are planning for a time when you can’t make a decision alone and need help from others. To avoid confusion, it’s recommended that the principal explicitly state whether the POA is durable or not. As long as you’re capable, you can revoke the power of attorney form. A non-durable power of attorney lapses as soon as you, the principal, become incapacitated or die. After one of these events occurs, only court-appointed guardians or conservators can make decisions on your behalf. Another type of power of attorney is called a special power of attorney. This POA grants agents the power to act on your behalf, but only for specific purposes. For example, if you grant the agent authority to sell a property on your behalf. However, the agent wouldn’t be allowed to access your bank account or manage finances. A special power of attorney expires once the particular task is completed or at a specified time noted on the form. A person can create several finite POAs for different agents, giving each agent different powers. A springing power of attorney only occurs when triggered by a specific event or medical condition (like incapacitation). Once the condition occurs, the agent’s power literally “springs” into effect. Until then, the agent does not have legal authority over your affairs. Although springing POAs ensure agents can’t exert their power unless you’re incapacitated, it is not recommended to use springing POAs for estate planning since the process to determine if an individual is incapacitated isn’t always simple and may take time. For example, if you develop early-onset Alzheimer’s, it may be challenging to determine whether or not you can manage your affairs. This can delay critical decisions about your medical care and lead to unpaid bills, leaving you in financial distress. A medical power of attorney is a legal document allowing you to name a healthcare agent. It’s also called an advance directive because it helps guide your agent to the best treatment option when dealing with healthcare matters on your behalf. Healthcare agents make medical decisions for you if and when you cannot do so yourself. Your agent can make decisions regarding: Your healthcare agent also ensures medical providers follow your wishes as outlined in your Do Not Resuscitate (DNR Form) or Living Will. A medical power of attorney becomes effective immediately after signing but can only take effect once a physician deems you mentally incompetent. Once you select an agent (or agents) for your power of attorney, ensure they know the POA signing rules. When it comes to a power of attorney, you, the principal, can revoke the agent’s power at any time, provided that you have the mental capacity to do so. Even with a power of attorney in place – if something changes and you no longer feel comfortable giving out certain rights or assets for whatever reason-you can revoke the agent’s authority at any time. It’s recommended that you revoke a POA in writing. However, most states allow you to cancel it through an action expressing your desire to terminate the POA (for example, deliberately destroying the document). Some states offer statutory forms, or fill-in-the-blank forms, for this purpose. When you revoke a power of attorney, it’s also recommended that you send a written revocation notice by certified mail to the previously authorized agent. This way your agent knows that you terminated their power. Also, consider sending copies of your revocation to any third parties involved in your POA. An agent with power of attorney is required by law to act in the Principal’s best interest. If the Principal believes the agent is acting in their own best interest, they can override a POA, if they are of sound mind. However, if the Principal is not of sound mind, other relatives may express concern that the agent is abusing their rights and responsibilities by neglecting or exploiting their loved one. In this case, legal action can be taken by concerned parties other than the Principal. Evidence must be provided to show the agent is taking advantage of the Principal. The process varies by state, but if there is a dispute over the validity of a power of attorney, it is best to hire an attorney with experience in either elder and/or disability law. If you believe the agent is not acting in the best interest of the Principal, follow these steps with your appointed attorney to revoke power of attorney: You should consult an attorney if both the Principal and Agent refuse to stand down. Having a power of attorney means you give someone else the ability to make decisions for your best interest if you cannot make them yourself. No, it isn’t legally required to have your power of attorney (POA) written or reviewed by a lawyer. However, it’s always good to get advice from wise counsel before signing away your power of attorney. Yes, there are limitations that help keep the agent in check. The POA can’t transfer responsibility to another agent, cannot use the Principal’s assets for the agent’s personal interests, cannot make any legal or financial decisions after the Principal’s death, cannot distribute inheritances or transfer wealth after the Principal’s death, cannot accept compensation beyond the outlined terms in the POA agreement, cannot change or invalidate a Will or any other estate planning document, cannot change the terms of the nominating document, cannot act outside the Principal’s best interest, and cannot make any decisions before a POA is instated. Everyone should have a power of attorney. If you aren’t able to provide for yourself, whether you’re mentally or physically incapacitated, you’ll want someone to carry out your wishes on your behalf. You can find a power of attorney form on state government websites. Hospitals and physician offices also offer forms for medical power of attorney. Additionally, banks and financial institutions have preferred forms. A court chooses who acts as a guardian on your behalf in a guardianship. Then, you decide who you want to act on your behalf with a power of attorney. A power of attorney is a valuable legal document that can give peace of mind in knowing your wishes will be carried out if you cannot act on your own behalf. It is vital to choose the right person to be your agent and discuss your wishes with them, so there is no confusion about what you want to do. If you have a power of attorney in place, it is essential to keep your contact information updated with the person who holds the document. Then, should something happen, and you become unable to make decisions for yourself, your loved ones will know where to find the paperwork and how to proceed. Have you created a power of attorney for yourself?

Treason vs. Sedition: What Are the Differences?

The terms “treason” and “sedition” are often used interchangeably, but they actually have different meanings. Treason is a federal crime that consists of acts against the United States government, while sedition is a state crime that consists of inciting rebellion or violence against the government. Although both crimes can be punishable by imprisonment, treason is generally considered to be more serious. In this article, we will uncover the details about treason vs sedition. Treason is the willful act by citizens of a country levying war against any government or providing aid and comfort to their enemies. This crime is extreme in the United States, and the law will deal with anyone convicted of such. Treason is also one of the only crimes written in the constitution. In times past, some persons have been charged with treason, but these cases are uncommon. The penalties for treasonous acts could be death or spending time behind bars for not less than five years and would be considered an enemy to the country. Any person convicted of treason can also be fined no less than $10,000 and cannot have any office under the United States government. Sedition is the act of a person forcefully trying to overthrow, take down, hinder, or delay the government or its laws by doing so through words or speech. Like treason, someone found guilty of this crime would face terrible judgments. The person or persons convicted of sedition can face up to 20 years behind bars or can be fined the amount of $10,000. Treason and sedition. These two terms are not the same, and their meanings are different. They appear in the United States code, and as mentioned, a crime of such sort is serious. Here are a few comparisons between treason and sedition. These terms have been around from times past, and today they seem very unpopular. Over time, the sedition act, which was passed in 1798, states that anyone who may try to overthrow, destroy by force, etc., the United States government expired in March 1801. This act no longer plays a role today because the United States was going through the first world war, and this law became the law of the time. Furthermore, in the United States, not many persons have been charged with treason, and there are laws both federal and state that make it illegal to commit such act. Here is a list of some states that outline the harsh penalty if you execute this crime. The acts of committing treason or sedition today are uncommon, and not many people have been charged for it. With the recent news headline that showed a gang of rioters who entered Capitol Hill, some persons claimed these were acts of treason or sedition and other events, but there was no valid proof this was the case.

The Best Ways to Find a Property Owner by Their Address

If you’re looking for someone who owns a property by their address, there are a few different ways you can go about it. You could look up the information yourself online, or you could hire a private investigator to do the work for you. There are also some public records that might have the owner’s information listed. Keep reading to learn more about how to find a property owner by their address.   A property owner search can best be described as ways someone can find a property owner if they come across a property they love or want to purchase.  It’s always wise to do a property owner search because you wouldn’t want to go through being interested in a property and later find out the owner isn’t selling. So having a property owner search would help you get to the owner and make the best deal possible for their property.   There are many beautiful properties out there that may seem to have caught your eye, but the question lies, how can I find this property owner? Well, here are some ways you can find the owner of a property by their address.       Before someone searches for a property, someone should have the name of the street on which the property or house is located. Once that information is at hand, going through the various methods to track down, the owner may take some time, or it may not. However, if you found the owner and that person rejected selling the property to you after the search, that may seem hurtful, but it’s okay.  The most important thing is that you tried your best, and there are also plenty of other properties out there that may also catch your attention, and maybe these owners may just want to sell.  The use of the internet these days is magnificent, and it has made things a lot easier for everyone. There are tons of online resources that persons can use to find a property owner. Here we will look at some of these websites, and hopefully, this should help you.      Four Things to Understand About Community Property In searching for a property owner, someone can sometimes go through many options, but some tips would help make the search successful. A few tips that would help could be:

How to Find Old Homicide Cases

Do you have an interest in learning more about homicide cases from the past? If so, you’ll want to check out this guide on how to find old homicide cases. We’ll provide tips on where to look for information and how to access it. So whether you’re a researcher or just curious, keep reading.   A homicide case involves the act of a person killing someone else. When someone speaks of homicide, some persons may think it’s illegal, but some homicides are legal. Some examples of legal crimes can be cases where someone is defending themself from being raped and killed the attacker, a store owner trying to protect himself from armed robbery, vehicular accident, where someone in the accident passes away, etc. Meanwhile, a couple of criminal homicide cases would include murder, some acts of manslaughter, etc.  The different types of homicide cases would fall under murder and manslaughter. With murder, there is first-degree murder, second-degree murder, and third-degree murder. At the same time, manslaughter cases would fall under voluntary manslaughter and involuntary manslaughter.  There are some ways you can find old homicide cases online that would somehow assist you in finding your loved ones or friends. Persons can simply: The basics are always the best place to start a search. The individual’s name, the year they were murdered, and the location is also key to finding out information. There is a free website that persons can visit to gain access to data from homicide cases from as far back. This website is called Murder Accountability Project.  The great thing is that once there has been a homicide case in each state, it would have indeed made the news. Therefore, checking old newspaper articles will help once you have the basics like the individual’s name, the year they were murdered, and location. Again, thanks to the internet, you can gain access to lots of old newspaper articles just by searching. You should come across websites that offer online newspapers like Chronicling America: Historic Newspapers, Google Newspaper Archive, and more. Chronicling America: Historic Newspapers and Google Newspaper Archive provide information as far back in history and are free to use. Another relevant place someone can also visit to receive tons of information is their local library. Persons can also try doing a youtube search to find some information about the case or even visit the local news outlets online like CNN, NBC News, ABC News, etc.  Contacting your local police department or the district attorney’s office is also the next suitable option. You may also find some helpful information about the homicide case once you provide relevant information.  Another great resource to find any unsolved homicide cases can be by just having a conversation with any friends or family that were close to the individual. By asking these questions, you may gather some information that could be beneficial.  There are different means and methods for persons to obtain information through the FOIA (Freedom of Information Act). This FOIA law was passed in 1967, where persons are supposed to gain access to public records information from government agencies.  Going through public records such as court records, statical data, bankruptcy records, etc., can also be a great way to receive information. Carefully note that once the specific type of data you’re searching for isn’t restricted or exempt, you can get all the necessary information needed. You can read more about the process of the FOIA here.      The process of investigating a homicide case is very challenging. The law officials have the important task of securing the homicide scene and figuring out what went on by examining the case, like checking for fingerprints, getting statements from people, etc. The information provided to law enforcement is also critical, like what went wrong, whether the dead person is still on the ground, if the first responders are around? Etc. That’s also why the investigators’ information is vital because they have to solve how this homicide occurred by searching and safely collecting all necessary evidence.  Many persons will ask why some homicide cases are solved while others are not. In reality, there can be several factors affecting the closure of homicide cases. However, one of those factors why some homicide cases remain unsolved is insufficient evidence. Sometimes, it also depends on the witnesses. Maybe persons who have witnessed the crime never came forward to bring in information that can be vital for detectives.  What Are Felony Charges, Classes, & Penalties The use of forensic science to solve a homicide is important. On a crime scene, the scientist can collect DNA samples. It all depends on the state of the homicide victim. For example, if the body is decomposed, scientists can collect dental evidence from the corpse. Scientists can also collect evidence from the victims’ hair, nails, soil, weapon, glass, etc. The role of forensic evidence in homicide cases is significant in many ways. Proper forensic evidence in a homicide case can indeed prove if someone is guilty of the crime or not.

What Is Entrapment?

Entrapment is a terrible issue, and while the police are expected to serve and protect citizens, some claim police officers have entrapped them. Entrapment may sound simple, but it’s not, and there are also many ways an officer can entrap someone. So in this article, we will be discussing what entrapment law is and more.  Entrapment in law is most easily defined as when one or more law enforcement agents like the police entice someone to commit a crime they wouldn’t have done if it wasn’t for the police.   Entrapment can work in various ways, and a few of those can be through persuasion, sex crimes, harassment, etc. For example, if a law official tries to have sex with an individual unwillingly in exchange for drugs, this is considered entrapment. After the entrapped person has proof that a police officer did this through persuasion, the government has to prove that the individual was persuaded to commit this crime. By doing so, they would do a background check on the person’s criminal history, etc. Entrapment laws are significant where even if an individual was caught in this situation, the defendant could still prove that they are innocent and show that they had no intention to commit this crime.  The United States of America, Canada, and Australian entrapment laws vary. As we know, in the USA, entrapment is the police causing someone to commit a crime that they would haven’t have done if it wasn’t for this officer. When it comes to proving that the defendant is truly honest, this is the government’s responsibility; the defendant is not required to prove anything nor admit any evidence. Furthermore, for an entrapment defense to work in the United States, the defendant has to convince the court that they had not inclined to commit such a crime and that the officer’s actions would have provoked anyone to commit this crime.  In Canada, there are two different types of entrapment law, they are:  The opportunity-based entrapment occurs when the law official provides someone with the opportunity to commit the crime without suspecting that this individual has already been involved in such criminal activity.  Inducement-based entrapment occurs when a police officer doesn’t give that individual the opportunity but goes as far as inducing this person to commit the unlawful act.  Once entrapment is proven in Canada, the defendant can have a stay of proceedings which means that the case held against the defendant cannot proceed, and the criminal offense does not appear on their record. In Australia, however, entrapment has the same meaning: an officer has to induce someone to commit a crime they wouldn’t have committed. Compared to the USA and Canada, there is no legal defense of entrapment in Australia.  Various examples of entrapment cases occurred during history, such as Sorrells v. the United States, Sherman v. the United States, the United States v. Russell, etc. We’re going to look at the Sherman v. the United States case.  In 1951 Joseph Sherman and Charles Calcinian met at a doctor’s office where both were being treated for addiction. Charles Calcinian was a government informant receiving leniency for criminal charges in exchange for convincing others to sell them narcotics then reporting it to government agents, and Joseph Sherman had two narcotics convictions. Both men started talking to each other and spoke about their issues with the addiction.  After discussing their addiction struggles, Charles Calcinian kept asking Joseph Sherman for help in buying him drugs, and Sherman kept refusing because he was committed to remaining clean. On numerous occasions, Calcinian still kept asking Sherman to buy him the drugs, then eventually, Sherman gave in and got the drugs for himself and Calcinian.  Later, Calcinian informed government agents, and Sherman was arrested because of observation of him selling narcotics to Calcinian on numerous occasions. Then Sherman when to trial, and there he raised an entrapment defense.  Knowing this law is very important because it would help prevent you from getting caught in a situation where any law official can entrap you and prevent you from being criminally charged or even going to jail.

What Is the Fourth Amendment?

In the United States of America, everyone has the right not to have their goods or personal materials searched or seized without probable cause. Did you know that this is a violation of your fourth amendment rights? The fourth amendment is considered very valuable to our liberty, and its primary purpose is to protect people’s rights and privacy. Hence the reason we will answering the question: what is the fourth amendment? The fourth amendment of the United States prohibits the government from engaging in unreasonable searches or seizures of property. The police can’t search your property without reasonable cause; the search or seizure must be valid for it to be constitutional.  For the search or seizure to be reasonable, a warrant or exception has to be applied. In many situations, the government needs a warrant to conduct a seizure or a search. A warrant is a legal document that a judge issues to authorize this power.  This amendment is considered crucial to all Americans’ liberty, and the fourth amendment’s primary purpose is to protect everybody’s rights, freedom, and privacy from unreasonable invasions by the government. However, if you don’t have any illegal stuff at your residence or on your property, the police have no right to search without probable cause or a warrant.  If you think that the fourth amendment does guarantee protection from all searches and seizures, you’re wrong! It doesn’t sometimes. It only protects those done by the government that’s deemed unreasonable under the law. Whether a particular search warrant is considered reasonable in the eyes of the law, that is determined by weighing two vital interests, like the intrusion on the person’s fourth amendment rights and government interests that involve public safety.  Persons can experience four types of searches, they are: Before a police officer searches your vehicle, they would need your consent to do so; however, if there is probable cause, there would be no reason to do so.  The history of the fourth amendment comes a long way. As we mentioned before, this amendment prevents the government from illegally searching or taking someone’s property. For this to be lawfully done, a warrant has to be issued.  James Madison introduced the fourth amendment in congress in 1789; it was passed together with nine other amendments and became known as the bill of rights in 1791. The concern was that the national government would have gained excessive power and oppressed citizens without written rights.  The British authorities would abuse their power and grab hold of colonist goods and property during that period. This is why the fourth amendment was created to prevent a new government from doing the same.  The fourth amendment reads, “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” There are many ways you can protect yourself and your family from government surveillance. Let’s take a look at some ways you can do so:   Wherever we go, privacy protection is very important, and in a digital world, we are very exposed. Here are a few tips for protecting your privacy in our evolving digital world.

The 14th Amendment Explained

The 14th amendment is a constitutional amendment that defines citizenship, equal protection and due process for all people in the United States. These rights are given to anyone who lives on American soil, but not necessarily those born on American soil. The 14th amendment was ratified in 1868 as part of the reconstruction era following the civil war. In this article, we will discuss the basics of the 14th Amendment. The 14th amendment to the United States Constitution was approved on July 9, 1868, as one of the reconstruction amendments to address citizenship rights and equal protection under the law for former slaves following the civil war.  There are five sections to the 14th amendment, the first represents who citizens in America are, and it reads, “ All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the state wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” The 14th amendment is worded quite similarly to the 5th amendment and offers the same protections. However, the difference is the procedure for due process. Due process in the 14th amendment is a given right to limit the power of the government to interfere with the person’s affairs, such as freedom of speech or the ownership of property unless their actions are illegal.  You can think of the 14th amendment as a shield against state governments and the 5th amendment against the federal government. Before the state government can take away someone’s life, liberty, or property, that state government must also provide due process of law just like the federal government. Because of the 14th amendment’s due process clause, a state government must provide individuals with a fair and just trial in front of a jury before sentencing them to prison.  The 14th amendment was passed following the civil war, while the 13th amendment abolished slavery, and that law was passed when Abraham Lincoln was still alive. Furthermore, when the radical republicans took over the next congress by 1868, the 14th amendment was used for the southern states to enter the union. Therefore the 14th amendment is written in the constitution, and it deals with the issue that the supreme court dredged up under Dred Scott.  In 1857 before the civil war, the supreme court solved slavery by determining that all African Americans or Africans transported to America were not American citizens. Years before that, congress during sectionalism had tried to solve it with popular sovereignty, but since the supreme court had decided that African Americans were not citizens, this issue raised concerns and started the civil war. Then the 14th amendment was designed to correct that supreme court decision.  Around that time, in the aftermath of the American Civil War, other amendments were passed to protect the rights of formerly enslaved African Americans. Some of these amendments were the: Some persons benefited from the 14th amendment like the:      

Living Will – The Pros & Cons You Need to Know

Medical situations happen unexpectedly, and unfortunately, many of us could face a medical emergency someday. However, in some medical emergencies, patients cannot declare to their loved ones or doctors what treatments they want or who they would like to speak on their behalf in this situation, etc. In this article, we’re going to discuss what a living will is, the pros and cons, and more.  A living will is a written document or an advanced directive that specifies what type of medical treatment you would want if you cannot communicate. Completing this document is the best way to plan because sudden emergencies may arise anytime for anyone. However, living wills are even more critical for people who have a severe illness. Just saying that you don’t want extraordinary measures taken if you become hurt, disabled or any other injury isn’t all; you have to create a living will. Here are a few guidelines on making your living will, but first, you will need to be 18 years or older, be of sound mind, and have two witnesses and a notary public.  Step 1 – Get to know your state’s requirements because there are no federal laws that govern living wills. Step 2 –  Begin the document by using the phrase “Being of sound legal mind” and “Acting under no coercion.” By using this phrase, you’re attesting to your sanity as of the date that you sign the document.  Step 3 – outline under which circumstances or conditions you want your living will follow, like a terminal illness, brain damage, or paralysis. Step 4 – Instruct as to any or all treatments you wish to refuse. These could be feeding tubes, CPR, a respirator, or dialysis.  Step 5 – State whether you would like maximum pain mediations.  Step 6 – Go to a notary public, you and your two witnesses. They will attest that everything is in order when the document is signed and dated. In some states, your spouses, relatives, doctor, and heirs can’t be witnesses, so verify if they can be before you go.  Step 7 – Hand a copy of your living will to your loved ones so your wishes will be acknowledged if an emergency occurs. You can also give copies to your doctors and store one in a safe place for yourself. Step 8 – You can consider appointing a health care proxy. They’re just basically individuals who have the right to approve your wishes if you can’t. You can get health proxy forms online or at your local hospital.  There can be various advantages and disadvantages to living wills. Let’s take a look at a few of those.  The living will have been around for a long time, and it has its advantages and disadvantages, but what’s important is that the decision is solely on you. For example, suppose you’re suffering from an incurable illness or in a vegetative state, and you would like to have artificial nutrition or hydration. In that case, the decision all leads back to you. Having a living will also makes it easy to have a conversation with the people close to you. For example, if you think you’re not likely to recover in a meaningful way, the living will simply outlines what is to be done or not done on your behalf. However, by not having that conversation, family members would have to glean from past discussions about what you would want or not. For example, she said she didn’t want to live that way, or another time she told me to keep her alive.  As mentioned earlier, completing a living will is what you can call a safe way to plan. Since a living will is a type of advanced directive and emergencies can arise at any point in life for anyone, it is suggested that everyone should complete a living will. Still, they are of greater importance for someone with a severe illness.

What Does It Mean to Be Acquitted?

In criminal law, an acquittal means that the accused is free from the charge and it occurs in a criminal case where a defendant is found not guilty by a judge or jury. This doesn’t mean the accused is innocent, it only means the prosecution failed to prove its case beyond a reasonable doubt. That is what it means to be acquitted. A suspect is entitled to due process of the law. Before a jury or judge (if it’s a bench trial) may convict a person of a crime, they must be convinced of guilt beyond a reasonable doubt.  For an acquittal or “not guilty” verdict, a suspect is formally dismissed by due process. The preponderance of evidence and culpability was gathered, the accused was charged and given a formal trial. During trial, the prosecutor brings in witnesses and evidence to prove their case against the defendant to the jury or judge. The defendant may also bring in witnesses and evidence to counter the prosecution although they need not prove their innocence. Both sides are represented by an attorney.  The judge decides what evidence can be shown to the jury during a trial. The job of the judge isn’t to take sides with the prosecution or defense but rather uphold the law.  After hearing opening statements, witness examination, objections, and closing arguments, the jury deliberates (the process of deciding whether the defendant is guilty or not). In federal criminal trials, the jury must reach a decision unanimously in order for a conviction. If the evidence brought in wasn’t sufficient enough to come to a guilty verdict, it results in an acquittal.  An acquittal is a general term for a not guilty verdict, there are differences between the two under criminal law. An acquittal is a finding by a judge or jury that the defendant in question isn’t guilty of the crime. Not guilty means that a defendant isn’t legally answerable for the crime. In other words, all acquittals mean a not guilty verdict, but not all not guilty verdicts are acquittals. Even in jury trials, a judge has the ability to acquit a defendant. The motion for acquittal depends on the claim of insufficient evidence for a conviction at trial. The defense argues that no jury could possibly find guilt beyond a reasonable doubt.  There are full acquittals and partial acquittals. A defendant can ask a judge for either. A full acquittal means that after a jury or bench trial, the jury or judge finds the defendant not guilty on all charges. But, in a partial acquittal, a defendant is found not guilty of one charge, but guilty of another offense.  For example, let’s say a defendant is being charged with drug possession and drug dealing. There isn’t enough evidence to move forward on a conviction on drug dealing, but there is sufficient evidence to prove drug possession, the defendant is partially acquitted.  Judges cannot grant a motion for judgement of acquittal because they feel or think the defendant is guilty. They can only consider the evidence at hand presented in trial. If evidence isn’t presented at trial, it cannot be considered (for example, if prior drug convictions weren’t presented in trial for a drug possession charge).  It is difficult to win a motion for judgement of acquittal. For starters, judges don’t want to interfere with the jury process, so there must be sparse evidence for them to step in. If the motion for judgement of acquittal based on insufficient evidence is granted, the charges are dismissed and the defendant is free to leave. The case cannot be brought again by the prosecution because of double jeopardy, preventing a defendant from being tried twice for the same crime. The only exception is if the judge granted the motion for judgement of acquittal after the jury reached a guilty verdict. In this case, the prosecution can typically appeal.  If the defendant is acquitted or found not guilty, (provided it isn’t a partial acquittal) all charges are dropped and the defendant is free to go (if in prison, they are released).  What this also means is that the Double Jeopardy Clause found within the fifth Amendment of the United States Constitution applies.  After an acquittal, double jeopardy guarantees: The government loses its power to re-prosecute a defendant. The law says the defendant was already in jeopardy once or that “jeopardy attaches.”  Being acquitted doesn’t mean an individual’s record is expunged. In fact, acquitted individuals still have a criminal record. In order to have the record wiped clean, an acquitted individual must petition a court to have their record cleared. This process involves exorbitant court fees and can take months to years depending on the state.  For the convicted, there are direct consequences including potential jail or prison sentences, fines, court fees, and other criminal punishments a trial judge may impose.  Everything else is “collateral.” The “collateral-consequences rule” means that a defendant has no constitutional right to be made aware of collateral consequences of pleading guilty. Some of these collateral consequences include,  If a defendant was unaware of the collateral consequences of a guilty plea, they have no right to withdraw this plea. The Founding Fathers of the United States designed the right to a jury trial using the Seventh Amendment of the Bill of Rights to protect our constitutional right to a fair trial.  There are a few elements to any fair trial including, A jury trial ensures checks and balances. “Checks and balances” means that all branches of government have equal power and the courts can overturn laws of acts of government that violate the constitution. Therefore, a strong judicial branch is of utmost importance. Vital to a strong judicial branch is a jury trial option. The founding fathers included a jury trial in the constitution because they prevent ultimate tyranny or oppressive power exerted by the government. Jury trials allow citizens on the jury the absolute power to make the final decision and not an oppressive, tyrannical power.  Trials are a lengthy process, because they guarantee due process. There are 8 stages to a criminal trial and are as follows, Voir Dire is French for “to see, to say.” In this phase of the process, when a defendant is entitled to a jury trial (all felonies and some misdemeanor crimes), a jury needs to be selected. The number of jurors depends on the seriousness of the crime. During this process, any juror with a legitimate bias about a case or inability to follow the law as given by the court is excused for due cause. Each juror also has a limited number of “peremptory strikes” which are reasons to remove a juror.  This being said, the defendant can waive their right to a jury trial and elect to be tried by a bench trial with a judge.  After a jury is selected, the trial begins with opening statements summarizing what each side believes the evidence does or does not prove and apprise the jury on what a fair verdict should be at the conclusion of the trial.  The state is now required to present its case. The state calls witnesses and introduces documents establishing the facts necessary to prove elements of the crime. The defense attorney has the opportunity to challenge each witness.  The defendant isn’t required to present a case but can if it’s required to either prove innocence or prove lack of sufficient evidence. If the defense presents, the states can now cross examine any witness to challenge veracity of statements and expose biases. If the defendant presents a case, the state has the opportunity to rebut. A rebuttal case consists of presenting evidence and witnesses contradicting what the defense presents in its case. It can’t be a recap of what was argued and it can’t expand evidence outside of the scope of what the defense admitted into evidence during their case. Each side is given an opportunity to discuss the evidence presented to the jury and ask them to make a decision favorable to their case. The state has the burden of proof and makes the first presentation. Then, the defendant makes their arguments. After this, the state also has the opportunity to rebut the defendant’s arguments. All parties must confine arguments to facts only presented at the trial.  After the closing arguments, the judge “charges the jury” or informs them of the law and of what they must do to reach a verdict. After the closing arguments, the judge instructs the jurors to deliberate. Deliberations are done in private. Once a verdict is agreed upon, the jury advises the court. Each case has 4 possible verdicts:

Double Jeopardy Law

You may have heard about the double jeopardy law by watching crime and justice shows like Law & Order, but perhaps you may not know how it works in the real world. So, in this article, we’re going to discuss the double jeopardy law and common misconceptions about it. Double jeopardy is a legal right defined in the fifth amendment of the United States Constitution that prohibits trying a defendant twice for the same offense. Let’s take a look at this scenario. Suppose person A is accused of murdering his neighbor, the prosecutor takes person A to trial, and during this trial, the jury returns a verdict of not guilty. The prosecutor now becomes very angry and says this was a lousy verdict, and the jury got it all wrong, then the prosecutor decides to arrest person A again and bring him to trial. There holds the power of the double jeopardy law! Person A can never be prosecuted by the state again for that charge.  The double jeopardy law in the United States is one of the oldest legal concepts that has been adopted into our modern-day legal system. The law states “nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.” However, as with many other laws, some exceptions apply to double jeopardy, and certain legal situations may allow for a trial of a previously tried crime without violating double jeopardy.  Let’s just say, for example, while the law prevents a defendant from being tried twice for the same crime. Still, it allows some criminal offenses to be prosecuted separately by federal and state sovereignties, mainly because federal and state judiciaries are considered separate entities. As a result, federal and state officials cannot work together on each other’s cases. Furthermore, in a situation where a mistrial is declared, the double jeopardy clause will not protect a defendant from prosecution or a new trial.  There are various examples in history where the double jeopardy law came into effect. Let’s take a look at some of these cases.  Six men, including Donald Knight and Ray Roberts, played poker when mask robbers took their money and other personal properties. As a result, the police arrested four men for this crime, including Bob Ashe, and each man was charged in state court with six counts of robbery, one count per poker player. Bob Ashe’s first trial was limited to the charge that he robbed Donald Knight, and the jury acquitted Ashe on the basis that the prosecution had offered insufficient evidence that Bob Ashe had committed the crime. However, the state also prosecuted Bob Ashe for robbing Ray Roberts, and Bob Ashe objected that his second trial was sealed by the fifth amendment’s double jeopardy clause.  Harry Blockburger sold considerable quantities of morphine hydrochloride on several occasions to Ella Rush. Based on these sales of morphine Harry Blockburger was charged with five counts of violating the Harrison Narcotics Act. The jury then ruled against Harry Blockburger on the second, third and fifth counts. The jury court imposed a fine on each count and sentenced Harry Blockburger to five years imprisonment with the terms to run consecutively. The seventh circuit declared Harry Blockburger appealed to the United States supreme court and arguing that the imposition of separate punishments for the third and fifth counts violated the double jeopardy clause.  In this case, Green was put on trial, and the jury was told that they could convict him of either 1st or 2nd-degree murder. They then found him guilty of 2nd-degree murder, and later, he appealed the case and won. He later went back to trial and was again tried for 1st and 2nd-degree murder, and this time he was found guilty of 1st-degree murder. So the court ruled that this violated his double jeopardy because he had appealed the 2nd-degree murder charge, not the first. This case occurred when a district judge told the jury to give the defendant an acquittal. After all, the prosecution had lousy evidence, and the judge made a poor decision because the prosecution wasn’t done presenting its witnesses. However, the supreme court ruled that retrying the defendant would violate the double jeopardy clause, regardless of the judicial error.  There are some common misconceptions about the double jeopardy clause. Let’s take a look at two of these misconceptions. Some people believe that guilty people get out of punishment because of the double jeopardy law, and some may not even like this law. However, despite some of these criticisms, the double jeopardy law does more good than harm. Nevertheless, you should watch for these common mistakes because if the government prosecutes someone multiple times, it can cause the defendant time, money, and public embarrassment.  Not only that, but someone who had been found innocent would leave in fear because of the concern of being brought back to trial. Double jeopardy applies only in criminal proceedings and not civil or administrative proceedings, mainly because those usually recur or happen in intervals.

What Is Jury Nullification?

Jurors not only can determine whether someone is innocent or guilty of a crime, but they also have the power to determine whether the law under which an individual is being prosecuted is a just law or even a constitutional law. But, of course, they can also choose to ignore the law or choose to ignore the person’s guilt or innocence. Hence the reason we’re going to discuss jury nullification in this blog.  Jury nullification is when a jury votes to acquit a defendant despite clear evidence that the defendant violated the law. Jury nullification is the source of much debate, and some maintain that it is an important safeguard of last resort against wrongful imprisonment and government tyranny. Others view it as a violation of the right to a jury trial which undermines the law. Some also view it as a violation of the oath sworn by jurors.  Jury nullification in the US has its roots in the British legal system. For example, in the year 1670, British Quakers William Penn and William Meade were arrested in London for preaching their version of the gospel. Their trial was supposed to be a typical trial of the day(not much of a trial at all). However, the judge went ahead and told the jury that these two were guilty and asked them to find them guilty in short order. However, the jury refused to convict, and they said that William Penn and William Meade hadn’t done anything wrong, which clearly, they both had broken the law.  The jury found that law ridiculous and refused to enforce it by refusing to return a guilty verdict. There was also a guy named Edward Bushel, the jury foreman; he was also thrown into prison because he refused to do what the judge told him. But, gladly, the law was that the judge couldn’t overturn the jury. So there were lots of political pressure on the judge, who also happened to be the mayor of London, to get Edward Bushel to change the jury’s mind. He threatened in writing to cut Edward Bushel’s throat and nose if he didn’t find Penn and Meade guilty and Bushel refused. So this case which is  Bushel’s case, is a landmark in Anglo-American law, and those principles became part of American law.  The judge does not have the right to threaten the jury and no other figure has the right to do so. When a jury decides someone is not guilty, they are not guilty, and this principle is called jury nullification. Juries constitute a significant part of trials in the United States of America, both civil and criminal trials. In a civil trial, a jury nullifies by finding a defendant not liable even though members of the jury may believe the defendant is liable. However, in a criminal trial, a jury nullifies by acquitting a defendant even though the jury members believe that the defendant did the illegal act. Still, they don’t think the individual should be punished for the crime.  This may occur when members of the jury disagree with the law the defendant has been charged with breaking or believe that the law should not be applied in that particular case. A jury can also unjustly or illegally convict a defendant on the ground of disagreement with existing laws, even if no law is broken. Although there is the double jeopardy rule in some jurisdictions, a conviction can be overturned on an appeal, but an acquittal cannot.  As a juror, not only can you determine whether an individual is guilty or innocent of the crime but also have the power to determine whether you believe that the law under which that individual has been prosecuted is a just law or a constitutional law. The juror can choose to ignore the law or choose to ignore the persons’ guilt or innocence. If someone is found guilty or suspected to be guilty, the jury comes back with a not guilty verdict because they believe that the law is unjust.  There are a few examples of jury nullification that we can look at which occurred throughout history. Some of these include: Here are some pros and cons of using jury nullification:

The Exclusionary Rule

The United States Constitution was drafted to protect some of the very freedoms that we enjoy today. In this article, we will take a look at one of the legal rules based on constitutional law, which is the exclusionary rule.  The exclusionary rule is a legal principle in the United States, under constitutional law, which states that evidence obtained or analyzed in violation of the defendant’s constitutional rights is sometimes inadmissible for criminal prosecution in a court of law. As we know it, in the United States, everyone has rights, and the people who accept the responsibility of upholding the law are responsible for upholding all laws as it pertains to everyone. This also includes suspected criminals.  The exclusionary rule is grounded in the fourth amendment and is intended to protect citizens from illegal searches and seizures from the police. The exclusionary rule was also created to protect against violations of the sixth amendment, which guarantees the right to counsel.  Over time, the courts have weakened the exclusionary rule to benefit law enforcement. A couple of ways they have adapted it is through:  The exclusionary rule was created in the early 1900s so that officers couldn’t just walk into someone’s home to gather evidence against them unless they had a search warrant. There can also be some exceptions to that rule. For example, police officers can have emergency searches at your house. However, if an officer is at your home and sees anything illegal in plain sight, they can use that as evidence against you even if they don’t have a search warrant. Let’s picture this scenario. An officer shows up at your house after receiving a call about suspicious behavior. If that officer just kicks down your door without a search warrant and finds a dead body, that body is considered inadmissible in court because the officer didn’t have permission to enter your home. On the other hand, if you answer the door and invite the officer inside and he happens to see this dead body in the other room, that can be used as evidence against you in court.  The exclusionary rule has evolved throughout the history of the United States. It was established in the American jurisprudence code of conduct with Weeks vs. United States in 1914. The court then stated that any evidence obtained from improper police conduct would be excluded from the evidence to convict at trial. This rule would also include ‘fruit of the poisonous tree’ which excludes all of the evidence obtained through the improper intrusion of the fourth amendment rights. For that matter, the illegal search would be excluded, and the evidence of that search as well as anything that was produced from that search or interrogation. However, Weeks vs. the United States only applied this only to federal agents, and it didn’t apply to local state agents.  In another historical case, Wolf v. Colorado, it was stated that the exclusionary rule is not a protected right, but instead, it’s a judicially approved remedy to an officer’s actions and police abuse. It was then overruled in Mapp v. Ohio in 1961. In 1961, the court ruled that the exclusionary rule was essential and constitutionally required rights and protection. This was applied to all government agents, whether it was federal or state. The two cases, Weeks v. the U.S. (1914) and Mapp v. Ohio (1961), established the exclusionary rule. If an officer abuses the Fourth amendment or is oppressive, any evidence created or gathered from the search or interrogation will be excluded at trial. The exclusionary rule over the last decade has been weakened and adapted over a series of cases and has also been evolved as a doctrine to excuse a lot more police behavior. Furthermore, the exclusionary rule applies to all persons within the United States, even if they are immigrants (legal or illegal) or visitors. 

Illegal Eviction – The Consequences & How to Avoid It

Many people would love to have a friendly and easy-going relationship with their landlord or their tenants, but sometimes a landlord must seek to evict tenants to maintain a safe and well-managed property. However, many landlords who are in disputes with tenants are unaware of the proper legal process to run an eviction and can run the risk of committing an illegal eviction. Because of this, some landlords can face major criminal charges or a significant liability because of this illegal activity. Let’s take a deeper look illegal eviction, the consequences, and ways to avoid it.  Illegal evictions are any form of eviction that is not performed following the standard legal process. Landlords and tenants alike should familiarize themselves with the laws by contacting an attorney or any housing agency. If a tenant is illegally evicted, the tenant can sue the landlord for wrongful eviction and recover damages from the landlord to compensate for the expenses associated with the illegal eviction. When people think of illegal eviction, the most prominent thought that comes to mind involves using or threatening physical force to make the tenant leave. This behavior can open the landlord up to criminal charges as well as civil liabilities.   There could be many serious consequences of illegal eviction. If an unlawful eviction occurs, the tenant can call the police and bring criminal charges against the landlord. The tenant can also seek an order from the court, which would direct the landlord to allow the tenant to return to the premises. In some cases, the landlord may even be liable for up to three times the amount of damages suffered by the tenant.    There are various ways you, as a tenant, can sue your landlord for illegally evicting you. To legally evict you, your landlord must first end your tenancy. Meaning, the landlord has to sue and get a court judgment. If the landlord illegally evicted you without complying with these requirements, then you, the tenant, can sue. As a tenant, you can: Fortunately, if you are illegally evicted, there are several steps that you can take to combat illegal eviction. First and most importantly, you need to seek legal counsel and provide them with the necessary information. If you don’t have an attorney, you can always find one nearest to your location. Be sure to exercise due diligence before securing the services of an attorney. 

What Is Duress?

Every individual should have the autonomy to make decisions for themselves. Unfortunately, situations sometimes occur where that is not the case. When someone threatens another person with the intention of getting them to do something they normally wouldn’t have done, it can possibly be considered “duress.” While there are different definitions to exactly what duress encompasses (making it important to consult a legal professional in your specific area), understanding the basics of duress can be important to recognizing it. Let’s examine what duress is and how to prove it. As stated above, the basic definition of duress is unlawfully threatening another person with the intention of getting them to do something they normally wouldn’t have done. That is, however, a very broad definition. Duress can occur in several different ways. The most common occurrences of duress happen in situations involving contracts. If two parties are involved in some sort of contract, and one attempts to force one party to sign the contract — even when they don’t find the terms ideal — through threats, it could be considered duress. Duress in contract law is commonly broken up into two separate types: physical duress and economical duress. When a person receives threats of physical violence if they don’t sign a contract, it can be considered physical duress. Because one requirement of contracts is that all parties involved enter into the agreement in mutual consent, the act of threatening another person to sign a contract can void the agreement. As an example, Mike and John are working on a contract in which John would sell his share of the M&J Company to Mike. John is not happy with the terms of the contract and is hesitating, so Mike threatens to murder John if he doesn’t sign on the dotted line. Fearing for his life, John signs the contract. In this example, John would be signing the contract under duress and, if proven in court, would not be held to the terms due to the necessity of contracts being entered into mutually (as stated before). Economical duress involves financial elements of a contract rather than physical threats. Situations in which economic duress may come into play include: Claiming duress in a criminal law context is used a defense. A defendant will claim they committed the crime in question because they were forced into doing it by another party through violence or threats violence. Much like signing a contract under duress, these threats ostensibly would cause someone to act in a way they would’ve otherwise not. Elements of duress in a criminal case typically include: Specifically in contract law, duress often comes into play when a party is accused of breach of contract. When such a charge is brought against the person, they could claim the only reason they signed the contract in the first place was because of duress (whether physical or economical). Proving duress, however, is often difficult because there is rarely concrete evidence of the crime (such as written correspondence). To properly prove duress in contract cases, certain elements are usually required: Duress and coercion are often used interchangeably, but they are individual elements of a situation. Duress refers the to the mindset of a person who is being forced into a certain action while coercion is the actions made by the other party (such as physical or economical threats).

Housing for Felons

When an individual has a felony on their criminal record, it can make moving forward and doing basic things much more difficult. Just one task that can become tough with a felony is securing housing. While having a felony doesn’t completely remove the chance of renting an apartment or home, it does present certain potential roadblocks that should be understood. Read on to learn more about housing for felons, the rights of both the renter and landlord, and some of the programs that are in place to help. There are protections in place to prevent the discrimination of renters. The Fair Housing Act from the U.S. Department of Housing and Urban Development (HUD) specifically includes protections against the discrimination for reasons of: Felonies are not included in the protections. Does this mean that a landlord can refuse to rent to an individual with a felony on their criminal record? Yes. While it doesn’t mean that all refusals are “fair,” it does often mean that refusing to rent to a felon is not in direct violation of the Fair Housing Act. That doesn’t mean, however, that there are not some guidelines put in place to prevent the unfair treatment of those with criminal records. On the landlord’s side of the decision of whether to rent to someone with a felony criminal record, HUD breaks a potential instance of discrimination into two categories: unintentional discrimination and intentional discrimination. To help ensure a landlord isn’t unfairly discriminating against individuals with felony criminal pasts, HUD uses three steps to determine if the case in question was an instance of unintentional discrimination. If a potential renter is accusing a landlord of having a discriminatory policy, they must prove that the policy in question has a negative effect on a certain race or national origin more than others. In the context of felons, this could be used to prove that not renting because of certain criminal backgrounds is specifically used to target a race that has higher statistics of those crimes than others. An accused landlord must prove their refusal is not discriminatory for a legitimate reason. In dealing with some cases of housing for felons, a landlord will claim the refusal in question was to ensure the safety of other tenants. While this is often enough of a reason to make the refusal legitimate, a landlord must also have a specific reason as to why the crime committed by the potential tenant shows a higher risk than other crimes. How recently the crime was committed can also come into play here; a crime committed decades ago is harder to point to as a safety threat than one committed more recently. If a landlord can justify a criminal records policy against renters, a renter can also try to show there’s a less discriminatory alternative. This can include less-broad reasons such as specific details of the crime in question (age it was committed, rehabilitation efforts since it was committed, etc.) and other relevant personal statistics such as the potential tenant’s rental history. HUD uses a three-step process to help determine if a landlord has unintentionally discriminated against a potential tenant. The process is: When a landlord’s rental decisions are not consistent, especially when refusing potential tenants from any of the protections detailed in the Fair Housing Act, it can be considered a case of intentional discrimination. In this way, a refusal to rent because of a past felony charge can be shown to be because of a discriminatory reason instead. A small caveat to instances of potential renter discrimination comes into play when drug charges are involved. Landlords can’t be convicted of unintentional discrimination for refusing to rent to a potential tenant who has been convicted of the illegal manufacture or distribution of a controlled substance. Section 8 housing was designed to help, “very low-income families, the elderly, and the disabled to afford decent, safe, and sanitary housing in the private market.” Qualified renters can receive housing vouchers that pay up to 70% of a building’s rent (Section 8 housing is only available in specific apartment complexes). Individuals with felonies on their criminal records can qualify for Section 8 housing, but there are certain types of felonies that disqualify an individual from the program. The two types of felonies that disqualify an individual from qualifying for Section 8 housing are:

What Can You Do If a Judge Is Unfair?

One of the mains goals of the U.S. legal system is to treat everyone with fairness and equality. Unfortunately, several factors can impact this goal, resulting in a less-than-fair situation. One of these scenarios can involve a biased or unfair judge. While this may seem like a problem that is out of your hands, there are steps that can be taken — with the assistance of a legal professional — if you feel you’ve been treated unfairly in a courtroom. Here are several possible answers to a difficult question to face — what can you do if a judge is unfair? Judges are meant to be held to extremely high ethical standards. Any qualified judge is expected to remain unbiased and neutral in the courtroom. Failure to meet these standards can result in severe consequences not only for the individuals involved in the case, but for the judge themselves. It’s important to note that these types of biases can be focused on the accused or the accused’s attorney. Just because a judge might not have any personal grief against the accused, personal grief against the attorney can result in the same type of unfair treatment if the former was the case. Before examining what you can do if a judge is unfair, it’s important to examine the standards every judge is expected to uphold. According to the Code of Contact for United States Judges, there are three main elements to the expected behavior and ethical benchmarks of a judge: In addition to those standards, understanding the definition of “bias” (or unfair) gives a clear picture of how certain actions can call into question whether or not a judge is upholding his or her expected standards. A definition for bias reads: “Inclination; bent; prepossession: a preconceived opinion; a predisposition to decide a cause or an issue in a certain way, which does not leave the mind perfectly open to conviction.” If you and your legal representation feel a judge has betrayed any of the above ethical standards in a way that shows unfairness or bias, then it’s time to explore possible legal actions. There are several different options you can pursue if you feel a judge has acted in an unfair way, and each navigates a slightly different path. It’s possible — and necessary — for a judge to recuse his or herself when certain elements are involved in a case. These are outlined in 28 U.S. Code § 455. A small section of the Code that details situations in which a judge should recuse him or herself goes as such: “(1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; (2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it; (3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy; (4) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; (5) He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person…” If any of these situations are true, and a judge doesn’t execute the recusal themselves, an individual involved in the lawsuit can formally request a recusal based on the grounds of unfairness or bias. If a ruling has already been made in your case, and you and your legal representation feel the judge’s biases have impacted the decision, you can file an appeal to have the case elevated to a higher court. These appeals are made based on a belief the judge arrived at the decision due to prejudice, incorrect use of the law, or incorrect or ignored evidence. If the appeal is accepted by an appellate judge, he or she could overturn the original decision or send the case back down to the lower court and order the judge to rehear it to correct the initial error in judgement. Instead of escalating to a higher court, filing a motion for reconsideration goes directly to the judge overseeing the case. A motion for reconsideration includes a written brief containing the reasons why you and your legal team believe the decision was unfair or biased. In addition to the written brief, there may be oral arguments before the judge. Typically, a motion for reconsideration must be filed within a certain timeframe, and since these periods can differ from state to state, it’s important to be aware of the particular time constraint to ensure the motion is heard. As outline above in the “Ethical Standards of a Judge” section, all judges are expected to meet certain ethical standards as long as they hold court. Filing a grievance based on unethical behavior can encompass a wide range of infringements including violations of the code of conduct (also outlined above) or simply behaving in an inappropriate manner during the trial. These grievances are filed against the judge in question with a clerk of federal appellate court. The grievance should contain a detailed account of the judge’s actions and witnesses to the behavior.

How to Sue an Apartment Complex

From blasting music late at night to something as simply frustrating as not cleaning out the lint trap in the laundry room, living with a bad neighbor or two while living in an apartment complex is certainly difficult. Dealing with a landlord or rental company that is actively violating your rights as a tenant, however, is often a much more challenging situation. From the reasons to bring a lawsuit to the steps of the process, here is how to sue an apartment complex. Before getting into the exact steps, it’s important to start with the several scenarios that can warrant a lawsuit against a landlord and apartment complex. This isn’t a comprehensive list, but it does cover some of the most common renter’s rights violations that can lead to a lawsuit. As a renter, you have certain rights that must be acknowledged and protected by your landlord. Here are just some of the situations that may be grounds for a lawsuit against your apartment complex (it’s important to consult with a legal professional before making any kind of legal decision in these matters). Every tenant has the right to livable conditions. Unfortunately, it’s not exactly uncommon for certain problems to make an apartment less-than so. Health hazards such as mold growth, lead paint, and radon gas can turn even the most comfortable unit into a dangerous environment. Similarly, maintenance concerns such as the heat not working during the winter or no running water are not acceptable living conditions. If a landlord or apartment complex refused to complete repairs for these problems, it could be grounds for a lawsuit. Typically, a landlord must provide reasonable notice before entering a tenant’s unit. If a landlord violates this agreement (or if they’re entering for illegal reasons even with a notice), a lawsuit could possibly be brought against the person or company to stop the intrusions and to potentially recover damages. Under the Fair Housing Act, no tenant can be denied housing because of race, color, national origin, sex, religion, familial status, or disability. If any of these factors do come into play during a denial of housing, the Department of Housing and Urban Development (HUD) will investigate the claim and, if evidence of wrongdoing is proven, further legal action will be taken. Each state has specific landlord-tenant laws that must be adhered to when renting apartments. While these can and do differ depending on where you live, one thing doesn’t change — a landlord or rental company must follow them. If a law or laws was broken or specifically ignored during the rental process (for example, not claiming responsibility for repairs in the building), then it may be possible to sue the apartment complex for these violations. A lawsuit can be brought against your landlord or rental company if you think you’re being illegally evicted. Illegal evictions can come in several forms including retaliatory (such as evicting a tenant after repeated complaints about a valid maintenance or health issue) and discriminatory (such as evicting a tenant after they displayed religious or cultural items within accordance with the building’s rules). Suing an apartment complex or landlord requires certain steps to be taken, and it’s important that each be followed correctly to ensure your case remains strong (Please note: the following steps should not be taken as exact legal advice. Always consult with a legal professional first to make sure you’re following all local guidelines and mandates.) The first step in suing an apartment complex is drafting a formal complaint (sometimes called a petition). The complaint is the actual document that begins the lawsuit process, but it must be drafted in accordance with local rules of the court. The complaint lists all of the facts relevant to your situation, including the law you feel has been broken by the apartment complex or landlord. Depending on the amount you’re suing the complex or landlord for, your complaint may be able to be filed in small claims court (each state will have a small claims court monetary limit). If your amount exceeds that limit, the complaint will be filed in civil court. Once the complaint has been properly drafted and filed in the appropriate court, an official copy of the paperwork needs to be personally delivered to the offending party. The rules differ by state, but usually a police officer or a professional process service can ensure the paperwork is delivered to the correct person. Who that is, however, can sometimes be difficult to determine. If the landlord of the apartment complex doesn’t own the building, the copy of the paperwork may be better delivered to the offices of the management company that oversees the building. Typically, employees of the management company are qualified to receive the paperwork, allowing the next steps of the lawsuit process to begin. Once the complaint copy has been delivered to the appropriate parties (and if the case can’t be resolved through negotiation), the court may hold a pretrial. During the pretrial session with the judge, several topics may be discussed, and the judge typically sets down basic rules for the trial-to-be. It’s important to note that the parties involved in the case can still engage in negotiation at this point in the process, potentially removing the need for a trial at all. If there is no progress on an agreement during the pretrial phase, the process may move on to discovery. During the discovery phase, both parties involved in the case exchange the evidence collected and intend to produce during the trial. Depositions, requests for admission, interrogatories (basically written depositions), all may occur during this phase. If an agreement still hasn’t been reached at this point, the case will go to trial. Once the presentation of evidence and arguments and any witnesses needed have been questioned, the judge will issue a decision regarding the matter.

Suing Your Landlord: How, When, Why, & Should You Bother?

So your landlord sucks. Now you want to know if you can sue them, how you’d go about doing that, and what you can expect to get, right? Before you consider suing your landlord, consider what you might have to sacrifice to win. Not every battle is worth dying for. And this one may or may not be one of them. Sure, suing your landlord may be about the principal. To teach them a lesson – or maybe rebalance the scales of karma a scooch – or whatever other reason you want to tell yourself. But suing your landlord does not come without some big financial risks. Most landlords are protected by limited liability companies (LLCs) or large organizations. They may have in-house legal counsel and deep wallets to hire competent attorneys. Suffice it to say, that this project isn’t going to be cheap on your wallet if you chose to lawyer-up. Certain states even require you have an attorney. Although most allow you to represent yourself in Small Claims Court. And lawyers are expensive. On the other hand, if you chose to go it alone, be prepared to dedicate days to dealing with court-related proceedings. This isn’t just days in court, either. This includes gathering, filing, and submitting paperwork, dealing with filing fees, dealing with their rebuttals, doing your own legal research, and potentially taking time off work to do it. Court is a time-suck. Don’t underestimate how much time and money you’ll lose doing it on your own. Especially if you’re up against a lawyer who can bury you in paperwork. It’s also a massive risk to sue a landlord when you currently live on their property. They could retaliate and, since they’re in a legal pickle, they’ll probably retaliate in ways that are legal but highly inconvenient. There’s probably a never-ending list of reasons why you want to. But, legally speaking, here are the top reasons you’d be able to sue them and possibly win. Each state’s landlord-tenant law lists specific reasons your landlord can take deductions from your deposit. If your landlord has made a deduction for reason that’s not allowed – or which you didn’t specifically agreed to in advance -you can take your landlord to court. You can also file a suit if your landlord has not returned or is withholding your security deposit. Discriminations a big one. Of course, your landlord cannot violate the Federal Fair Housing Act (FHA.) If you can prove they did, you may have a legal case against them. You’ll first have to file a complaint with HUD, and they’ll investigate your claim. If they find that they did violate the FHA, legal action will be taken by HUD. Not all clauses are legal. Your landlord cannot include clauses that go against the landlord-tenant laws for your state. For example, service animals are allowed under the Federal Fair Housing Act. If they refuse to allow your service animal, it’s illegal. That’s just one example. Of course, there’s plenty of other illegal lease clauses out there. Here are a few more to keep an eye out for: However, the tricky part here is that these clauses aren’t enforceable, so there’s not much need to sue your landlord over them unless you attempted to comply with them prior to you realizing they were illegal. Be sure to check with your state tenant-landlord laws. If your landlord refused to address the repair that affected the health and safety or refused to perform them in a reasonable time, and you had to personally pay someone to perform the repair, you can see your landlord to recover the money paid out-of-pocket as well as prior possible damages. If you were hurt, robbed, assaulted, or had any other incident that directly stems from your landlord’s negligence, you could possibly have the opportunity to sue your landlord for negligence. However, expert proof may be required in order to satisfy the burden of proving negligence. If you’re successful, you will be allowed to recover damages caused by the incident. If your landlord didn’t disclose lead paint hazards or mold issues at the property – or purposely hid them from you -you may have legal ground to sue. Especially because they’re issues that cause long-term health problems. You could have a case for a lawsuit if you’re injured at rental property due to negligence. For example you slip and fall because there’s not a banister in the stairwell. This does not pertain to you slipping and falling because you or your neighbors refused to pick up after themselves. Landlords have to provide reasonable notice to enter your rental property. And they can only do so for legally allowed reasons. If your landlord violates these laws, the tenant can go to court to stop landlord from entering and could be awarded damages. You can counter sue your landlord if you feel like your landlord is trying to you illegally evict you. This could be trying to force you out without following state laws on eviction, locking you out, changing your locks, or fabricating or exaggerating a reason to evict you.

Outdated & Weird Laws You Can Still Be Charged With

Don’t kill bigfoot, keep an “adequate supply” of TP in coal mines, and – whatever you do – don’t make gross cheese. If you’re wondering what weird laws your state has, don’t worry. We broke down the weirdest laws in every state below.   In Alabama, it’s illegal to pretend to be a religious figure. You also can’t pretend to be a minister, nun, priest, or Rabbi. On that religious note; you also can’t play dominoes on a Sunday. Or hunt, shoot, play cards, or race.   Alaska has a statute that says an “intoxicated person may not knowingly enter or campout where alcohol is sold.” Which means you can’t get drunk in a bar and remain on-premises. But you also can’t drive home. And I’m guessing they don’t have a ton of Ubers out there? In any case, cops in Alaska have been known to arrest both patrons and bartenders for this offense.   In Arizona, it’s illegal to feed garbage to pigs without a permit to feed them garbage. Although if they’re pigs you plan on eating yourself, you don’t need a permit. (But ew?) Also fake drugs are illegal in AZ. As are most real ones.   AK made it illegal for a pinball machine to give away more than 25 free games to a player in one sitting. According to the Arkansas state legislature, the statute aims to prohibit machines that encourage gambling.   In California, there’s a health code that likely comes from the county fair and frog jumping Jubilee. But this weird law goes like this; a frog that dies during a frog-jumping contest can’t be eaten and you must destroy it as soon as possible.   Colorado has a ton of places to ski, which can be a huge boon for tourism during skiing seasons. But in order to modify the weather (IE: make snow), you need a permit in CO.   In Hartford Connecticut it’s illegal to collect “rags, paper, glass, old metal, junk, cylinders, or other waste materials” without a license. Because it’s their junk and they don’t want you to have it. It was previously illegal to sell pickles, salsa, or anything with a pH below 4.6 at a farmer’s market in CT, though this law was recently overturned.   In Delaware, it’s a misdemeanor to sell, barter, or offer the fur of domestic dogs or cats. Any products – made in whole or in part – may result in a fine of $2,500 and a ban of owning a dog or cat for 15 years after the conviction. This includes even shed fur.   In Florida, people who own bars, restaurants, or other places where liquor is sold may be fined up to $1,000 if they participate in or permit any contest of… Dwarf tossing. Though they have been working on getting this law repealed. Speaking of booze, it’s also illegal to sell alcohol during the hurricane. The state says it’s to curb people’s ability to throw hurricane parties. So it’s basically for public safety.   In Georgia, those who engage in llama-related activities are personally responsible for any injuries they suffer. This is to protect agricultural owners from lawsuits.   In order to keep Hawaii an idyllic and peaceful chain of islands, they have a law called the “Urban Beautification Initiative,” and it dates back to 1927. This initiative says that billboards are outlawed in the state with a few exceptions. This includes notices from public offices and signs posted where goods are sold. Otherwise, outdoor ads are strictly off-limits.   In Idaho, cannibalism is usually illegal. You read that right, in most states, cannibalism itself isn’t expressly illegal. However, the law allows for cannibalism “under life-threatening conditions as the only apparent means of survival.” And, further, how Idaho defines cannibalism is the “nonconsensual” eating of someone else. Providing you have a friend that’s totally cool with you eating their arm, it’s not technically cannibalism – or illegal – in Idaho. Though it is likely frowned upon.   There’s a bit of a rumor surrounding this weird law. The rumor goes like this: it’s illegal to own more than $600 worth of salamanders. This is almost true. And, truthfully, the rumors are weirder than the actual law. In reality, it’s illegal in Illinois to possess any variety of aquatic life that was captured or killed in violation of the fish and aquatic life code, or whose value exceeds $600. So, yes, you can own $600 worth of salamanders – but it can’t be just one salamander worth $601. But only if it violates the fish and aquatic life code in IL.   Indiana made it illegal for liquor stores to sell refrigerated soda or water. The law states that a beer and wine store should be exclusively alcoholic. That means any water were soda sold needs to be at room temperature. I’ll admit, this makes no sense to me, but it made sense to Indiana. Additionally, you’re not allowed to sniff toxic vapors of any kind in Indiana. At least, not if you’re intending to cause “a condition of intoxication, euphoria, excitement, exhilaration, duplication, or dulling of the senses.” But if you just like sniffing toxic vapors, there seems to be no law about that.   Iowa takes butter pretty seriously. Anyone trying to pass off margarine as real butter is guilty of a misdemeanor under the food labeling laws in Iowa. Renovated butter – whatever that is – must also be labeled as renovated butter.   It’s illegal to sell liquor by the glass in over 25 counties across Kansas, catch fish with your bare hands, and – no – you cannot shoot a rabbit from a motorboat. Because I know you were going to ask that. But non-motorized boats seem to be okay.   No dueling in Kentucky if you’re a public officer, legislator, or lawyer. Each one of these professionals needs to take an oath stating that they have never fought a duel with a deadly weapon.   Traditional Louisianan jambalaya is not subject to state sanitary code. This means that jambalaya in Louisiana can be made for public consumption in the open using iron pots and wood fires.   In South Berwick ME, it is illegal to park in front of Dunkin Donuts because those spots are reserved for police officers only.   Fortune-telling is illegal in Maryland. According to this law, “Anyone pretending to forecast or foretell the future of another through cards, palm readings, or any other scheme, practice, or device” can be found guilty of a misdemeanor and fined up to $500 or serve jail time.   American pride runs deep in Mass. Singing, playing only part of, remixing, or dancing to the national anthem is punishable by a fine of up to $100 in Mass. Additionally, swearing at sporting events if you’re over the age of 16 is still against the law. But I’ve at Fenway for losing games, and I can tell you it is not enforced.   Cheating, in Michigan, is illegal. Breaking this law is punishable by a maximum sentence of four years in prison and up to a $5,000 fine. Additionally, blasphemy is still illegal in Michigan. Though neither of which are enforced with any regularity. And a final note on Michigan’s weird laws… You can’t be drunk on a train. But a plane is okay, and once you get to Ohio, you can absolutely get drunk on a train. Just be sober for your ride back to Michigan.   In Minnesota, any contest where contestants have to try to capture a greased or oiled take is illegal. Turkey scrambles are also illegal. But non-oiled or greased pigs seem to be perfectly within legal bounds.   For a little while, it was illegal to swear in public and Mississippi. While it’s no longer officially illegal to use obscene or adult-like language, people still can’t display “obscene stickers, paintings, decals, or emblems in public or on motor vehicles or clothing.”   This one might be one of the weirder weird laws. And it’s got a lot of caveats to it, but here we go: If a bull or ram over the age of one year runs rampant for more than three days, a person may castrate the animal without liability for the damage. However, three town residents must attest in writing that the animal is loose, and its owner must fail to reclaim the animal after notice is given. After that, you can castrate the bull – or ram – and continue to let it rampage, I guess?   Yes, those words are in the right order. For Montana laws, anyway. Driving animals onto a railroad track with the intent to damage the train can result in fines up to $50,000 and prison time of up to five years.   Marrying if you have an STD is illegal in Nebraska. Even though Nebraska doesn’t require any sort of panels, blood tests, or medical history in order to get a marriage license. Which makes this law difficult to enforce.   Using a pedoscope (in other words an x-ray machine to size your shoes) is illegal in Nevada. So you’ll just have to measure your feet the normal way, I guess. So much for your daily dose of high levels of radiation.   Don’t collect or carry away seaweed at night in NH. Also no hunting in a graveyard in Evertt – though in other towns that’s legal, but likely uncouth – and you need to use your real name to check into a hotel.   If you’re going to commit a crime, don’t wear a bulletproof vest. In New Jersey, a person wearing a bulletproof vest while carrying out a criminal act can be charged separately for “suiting up.”   In NM, you can be charged with a misdemeanor if you trip a horse.   The Empire State bans being masked – or in any manner disguised in public. They also don’t like groups of people all dressed the same way. I do wonder what Halloween is like in NY if this is enforced… And, like Michigan, adultery is still illegal in NY. Punishable by up to 90 days in jail and a fine of up to $500.   In NC, elephants can’t be used to plow cotton fields. But other fields seem to be okay. Just no cotton, so don’t even think about it.   In ND, it’s illegal to lie down and fall asleep with your shoes on. Though whether this is in private or public, the law doesn’t say. It also doesn’t say if it would be legal to sleep in public with your shoes off. In any case, we’re thinking your sidewalk nap will be rudely interrupted.   In Ohio, every operator of an underground coal mine must provide “an adequate supply of toilet paper for each toilet.” While this kinda makes sense, there are a lot more questions than answers. Like what is an “adequate supply”? What happened to make this a law? And what is going on in Ohio’s coal mines?   The state statute in Oklahoma still says, “It is a fact that there exists an internal communist conspiracy. Such a conspiracy constitutes a clear and present danger to the government of the United States and to the state.”   If you’re traveling with bottled pee in Oregon, you cannot throw it out of your vehicle or leave it on the side of the road. This is a class A misdemeanor. The same is true for fecal matter… Which leaves us with a similar question that we had for Ohio… What is going on with Oregon? And why do you have fecal matter in a container that you’re throwing out your car window? In addition, you can also be fined for leaving your car door open for too long. This is something that has to do with cyclists being annoyed by car drivers. Which isn’t as uncommon as you think it is. However, how long you can actually leave your car door open for is unclear.   Human trafficking is a serious issue. Not just in Pennsylvania, or the states, but around the world. However, Pennsylvania felt the need to make it a misdemeanor to attempt to order – or sell – a baby. Though whether this is in addition to other charges or a standalone charge, the law doesn’t seem clear on. What makes this law weird isn’t that you can’t buy or sell babies, that’s being a decent person. What makes it weird is that it’s a misdemeanor.   You cannot – I repeat, cannot – bite off someone’s limb in Rhode Island. So take note. If you do bite off someone’s limb in Rhode Island, you’re looking at 1 to 20 years worth of prison time. And a huge mouth, because that seems difficult to accomplish with a human-sized mouth. That is… unless you’re part of a zombie hoard.   In South Carolina, a male over the age of 16 can’t seduce a woman by falsely promising to marry her. However, a woman could falsely seduce a male by promising to marry him. In either case, a man found guilty will be charged with a misdemeanor and possibly fined or imprisoned for no more than one year.   In South Dakota, every hotel must have twin beds two feet apart, and “thou shalt not make love between the beds.” Which is fair because they did give you two beds.   In Tennessee, they have a law for teachers that prohibits talking about “the gateways to sex.” This gateway includes things like kissing and holding.   If you’re an atheist, you can’t run for office in Texas. People wishing to run for office in TX must acknowledge “the supreme being.” If not, they could be subjected to religious testing… Whatever that is. You don’t have to believe in any particular God, but you do have to believe in some sort of superior being.   In Utah you cannot hurl a missile at a bus or a bus terminal… unless you’re a peace officer or security personnel. Another UT law; you can’t bite people while boxing.   In Vermont, there’s a law that bans banning clotheslines. That means that towns, neighborhoods, and communities can’t ban the use of clotheslines in Vermont… Because that’s banned. According to the Vermont state legislature, clotheslines are listed as energy devices based on renewable resources.   In Virginia, there’s a law saying fornication (IE: sex) is completely banned unless you’re married. Technically, it’s still punishable as a misdemeanor. Though we’re assuming no unmarried couples are formally charged with the crime of “unmarried fornication.”   It’s a law in Washington that you cannot attach a vending machine to a utility pole without prior consent from the utility company. Additionally, killing bigfoot was a felony at one point and punishable by five years in prison. Now, the law’s been amended to say bigfoot is an endangered species and, thus, killing and trapping bigfoot is still illegal under the Washington wildlife laws.   In West Virginia, you can’t use ferrets to hunt. Anyone who hunts, catches, takes, kills, injures, or pursues a wild animal or bird with a ferret will face a fine of no less than $100. And up to 100 days in jail. This might sound odd, but ferrets are skilled hunters who are used to hunt rabbits and birds in many parts of the world. Yes, including parts of the US.   Wisconsin takes cheese seriously. According to Wisconsin state legislature, non-tasty cheese is technically a punishable offense. According to the law, state-certified cheeses like Munster, cheddar, colby, and Monterey jack must be “highly pleasing.”   In Wyoming, it’s illegal to injure a fish with a firearm. Whether the weapon actually has to be fired or not, the law doesn’t say. In any case, you literally can’t shoot fish in a barrel.   Don’t forget to share this list of weird laws with your friends! It might just keep them out of jail the next time they try to shoot a rabbit from a motorboat.

Right To Know Law: Everything You Need To Know

The Right To Know Law isn’t a single law. It’s a group of laws. These laws cover a variety of rights. From your rights during police encounters to workplace safety to personal information. And they’re typically different for every state. However, there are some laws – such as the right to know workplace laws – that don’t deviate much. Mostly because the federal government stepped in with minimum regulations. OSHA also governs some of the right to know laws and regulations in the workplace, so they’re a bit more uniform.   More recently, we’ve been hearing about the Right To Know Act in NY. This law took place in 2018. The New York Police Department ordered 10,000,000 business cards. Officers needed to hand out these cards to people they stopped. The cards include the officer’s name, ranks, and other important identifiable information. In New York, it’s required for them to hand out these cards under the new Right To Know Act in most circumstances.   The officer(s) must identify themselves, the reason for your interaction, and give you a business card without you having to ask for it if:   The addition to the law also included updates to consent to search. An officer previously only had to have a hunch that someone on the street was doing something illegal, such as possessing drugs. The officer could then stop and search someone based on that hunch. This argument of “reasonable suspicion or probable cause” came up in Whren v United States. Obviously this “hunch” method has plenty of room for human bias, error, and moral grey-area of plausible deniability. And that can lead to racial, sexual, or other inequalities and intentional targeting from law enforcement. With this new addition though, the officer no longer has a right to search someone based on suspicion. This applies to your home, your car, or anywhere else. Unless they get your voluntary, knowing, and intelligent consent. They can, however, stop to question you. In which case, they need to give you their card.   This means that officers can no longer search people in New York unless they:   With New York having made these drastic changes a few years ago, other states are now following suit. For example, Pennsylvania is moving to make it similar to NY’s. The same is true with California, where police brutality is a serious issue as well. Now it’s important to remember that this right to know law does not apply to every state. In fact, it doesn’t apply in most states. However, if this is something you want to see more of, there are plenty of petitions, senators, and other avenues that you can pursue to make sure your voice and your opinions on this are heard.   Right To Know in the workplace is very different from those that involve the police. This set of laws mandates that employers share scientific information with their workers and local communities about the chemicals found in the workplace.   This information needs to include the following for every chemical the business uses to provide goods and services:   The Right To Know Law in this circumstance places emphasis on maintaining and dispensing information.   This set of laws is broken into four broad categories of obligation:   This information must be presented even if it’s not formally requested. You may have seen the posters that most workplaces have about The Right To Know Law. Most places also usually have decent sized books that you can go through at your own leisure. If we’re boring enough to call that leisure, anyway. The Federal Hazardous Substance Labeling Act also provides workers with basic information on hazardous materials. Including descriptions of the nature of the hazard and instructions for safe handling and medical treatment in case of exposure.   What is considered public record under the Right To Know Law depends largely on what state you live in. For example, in some states, your name and address are public record. And in most states, if you win the lottery, your name, age, and address will become public record. Even if it wasn’t before. In other states, public record laws are much stricter and protect more of your information. There is no uniform answer as to what is public record. However, when we’re talking about public records such as state records, agency records, or governmental records – that’s a different topic. The Right To Know Law also collides with the Freedom of Information Act (FOIA.) Which is a topic that we’ve already covered in a different article because it’s a very different set of laws. The Right To Know Law covers personal information, while FOIA covers government information. But your information – depending – may be covered only partially because of FOIA.   The same is true here. Your name, address, and age may be protected. Or it may not be. The same is true for certain information about other people, agencies, or any state entity that operates within your state’s Right To Know Law. In order to get a clearer picture of what your state’s right to know laws are, you have to do your research on your particular state – or the state that you want to request information in. But because there are so many laws under this one law, you need to get specific about what question you want answers to.

W-4: What It Is, Who They’re For, & How To Fill It Out

They sound and look complicated, but they’re not that bad, I promise. A W-4 is a tax form used by employers to withhold the correct amount of taxes from your paychecks. If you don’t fill out this form, or don’t fill it out correctly, you may end up having to pay additional taxes when you file your tax return at the end of the year. Alternatively, if you request too much be taken out of your paychecks you might have a hard time paying your bills. Of course, you can change the allowance withheld from your paycheck as long as your employer allows you to. All you have to do is fill out another W-4.   W-4s are also called “employee’s withholding certificate.” It determines how much your employer will withhold from your paycheck. This withheld money gets sent to the Internal Revenue Service (IRS) on your behalf. Along with the cash for your taxes, your employer will send your Social Security number and your name so the IRS can track what money came from who. The money sent to the IRS counts towards paying the annual income tax bill when you file your tax return in April. That’s why your W-4 asks for so much personal information. You can also claim an exemption from withholding if you didn’t owe taxes last year and expect to not owe this year. This means that those income taxes won’t be taken out at all, though this is rare because the limits for taxable income are so low. Related: What do I do if I lost my social security card?   W4’s don’t get filed with the IRS. Instead, your employer will use the form to determine how much to take out of your checks for you. Once that’s done, they need to file it away somewhere for you – or them – to reference if any questions pop up. You only have to fill out a W-4 if you start a new job or to make changes to the amount of taxes being taken out of your checks every week. For example, if you realize you or are getting too much money taken out of your paycheck and want to reduce the taxes coming out. Or if you moved into a new tax bracket. This includes things like you got married or divorced, had a child, or got a second job. You may also fill out a new W-4 if you want to withhold extra money from your paycheck for your next tax return. Your W-4 changes will take effect within the next one to three pay periods. Depending on how you’re paid. So, if you think you’ll need to do this soon, it’s better to do it earlier than later.   The forms are easy to complete. But the numbers can seem overwhelming since they – logically – make no sense to anyone who doesn’t work at the IRS or in a tax office.   Your name, address, filing status, and Social Security number. Your employer needs all this information so the IRS knows to apply the payment towards your income tax bill, not someone else’s. After completing this step, single filers with a simple tax situation only need to sign and date the form. If you’re single, have no dependents, have only one job, and plan on filing a simple tax return, you can reasonably expect to always be a 0 on a W-4. However, if that’s not you, there’s more math. First we’ll cover multiple jobs.   If you have more than one job or your filing status is married filing jointly and your spouse also works, you need to figure out what number to put down. Since you’re filing jointly, this is considered two jobs if you both work. Which doesn’t make a ton of sense, but it’s the IRS, so… Anyway, you have a few options to calculate your number:   Use the IRS’ online tax withholding estimator. This option has four steps that are basically the same as on the form itself, but it’s a bit easier if you’re getting jumbled on the math.   Fill out the multiple jobs worksheet. It’s provided on page three of the W-4 form. Enter the result from step 4C n the line. This is provided on the form your employer should have given to you. Alternatively, you can download the form from the IRS if they didn’t or you misplaced it. The IRS advises the worksheet should only be completed on one W-4 form and the result should be entered for the highest paying job only. For example, if your spouse makes more than you, use their income. Or if you have a full-time and a part-time job, use the income from whichever one makes more money. Not per hour, but overall.   Check the box in option C if there are only two jobs total. Do the same on the W-4 for the other job. Choosing this option makes sense if both jobs have similar pay period otherwise more tax may be withheld than necessary.   If you have dependents, fill out step three to determine your eligibility for the child tax credit and credit for other dependents. This may also apply to lower-income families who may qualify for EIC. Single taxpayers who make $20,000 or more or those married filing jointly who make less than $400,000 are eligible for the child tax credit, so you’re very likely to be eligible for the first one at least. The IRS’ definition of a dependent is pretty complicated, but the short form is a qualifying person who lives with you and whom you support financially. Multiply the number of qualifying dependents underage 17 by $2,000. Multiply the number of other dependents by $500. At the dollar sum of the two to line three. For example, if you have one of each dependent type, you will put $2,500 on line three. Related: What is a legal dependent?   Yeah, this may sound crazy. Especially given how much they’re already taking out of your paycheck. But the information you provided in the previous section might result in your employer withholding too little taxes over the course of the year. If they withhold too little, you’ll end up having a big tax bill and possibly underpayment penalties and interest come April. If you’re worried about this being the case, tell your employer to withhold extra money from each paycheck. If you overpay, you’ll get it back anyway. The most likely cause of significant underholding is if you receive significant income on a 1099. This is a form used for interest, dividends, or self-employment income. No taxes are withheld from any of these income streams, so you’ll need to pay extra taxes to cover those. You may also need to use this section if you’re still working but receive pension benefits from a previous job or Social Security retirement benefits. Step four of the W4 allows you to have additional amounts withheld by filling out one or more of the three sections below:   If you expect to earn non-job income such as dividends retirement accounts or savings enter the amount you expect to receive in this section.   Fill out this section if you expect to claim reductions such as itemized reductions other than standard deductions and want to reduce withholding. Use the deduction worksheet provided on page three of the W4 form to calculate what to put here.   This allows you to have any additional tax you want withheld from your paycheck. Including any amount from multiple jobs worksheet if this applies to you, but some people like to just use their tax return as a savings account. If that’s you, this is your line.   Signing and dating your W-4 is the easiest step. But it’s just as important as any other step. The form says, “Under penalties of perjury I declare I have examined this certificate and to the best of my knowledge and belief it is true, correct, and complete.” You need to sign your name below that statement where it says employees’ signature. Then enter the date to the right. Your W-4 is not valid until you do so. And, as a reminder, lying on this form is paramount to perjury which is punishable by jail time and sizable fines, so, you know, be honest about who you are and all that. People like to fixate on the numbers, but, really, you can put whatever number down you want. It’s just generally not in your best interest to do so. When in doubt, go lower.   If you will be employed no more than 245 days of the year, request in writing that your employer use the half-year method to compute your withholding. The basic withholding formula assumes a full year of employment. Without using the part-year method, you’ll have too much withheld. Of course, you’ll get your money back, but it’s still nice to have liquid assets on hand.

Plausible Deniability Definition, Examples, & Laws

Plausible deniability is defined by the dictionary. But it’s not technically a legal term or defined in any legal documents. Which makes it a much looser term than it sounds. On top of that, plausible doesn’t mean trustworthy, possible, or even likely. Plausible means you could conclude that something might or might not be possible. But usually theoretically, superficially, or suspiciously. It doesn’t necessarily have to be a “reasonable” conclusion, either. In its broadest sense, the term usually points to a lack of proof. After all, innocent until proven guilty is the backbone of our legal system. So if there’s no proof, it’s plausible they could deny it. Essentially anything illegal or unethical that can be explained away under an innocent and probable guise – true or otherwise – falls under plausible deniability. Even if the plausibility of the denial is suspicious. However, in the ‘60s, the CIA took the term and expanded on what plausible deniability means to them. And the CIA’s version is the one that became popularized. To the CIA, it’s the act of withholding information from senior officials to protect their higher-ups in the event the information becomes public. Whether the information was actually withheld or not matters little in court if there’s no proof to the contrary. While it might seem like a minor tweak, the CIA’s definition puts blame on subordinates. This blame swap alleviates pressure on more senior officials. Which you may or may not frown upon. And I get that. Most people expect superiors to be held accountable for the actions of the subordinates. But if they have plausible deniability, the senior officials can’t be held accountable. This is true even if the actions clearly only benefit the superior who “wasn’t” in the know. It also applies if an implication was made that spurred on illegal or unethical actions. An example would be a sinister comment in a suspicious tone followed by an equally suspicious exaggerated wink. That is, providing the superior can write it off as a misunderstanding. *Wink.*  However, in cases where someone genuinely didn’t know something was happening, they can’t reasonably be held accountable for the other person’s actions. Regardless of management practices and chains of command, if someone really doesn’t want you to know something, they’re really just not going to tell you. Famously, Ollie North (Lt. Col. Oliver L. North from the Iran-Contra scandal) called this situation “absolute deniability.” Ollie’s argument was if you’re genuinely not aware of or did not do something, that’s not plausibility – it’s just not a thing. This seemingly convenient loophole is meant to uphold the burden of proof. And – before you cry outrage – the burden of proof is for your benefit as well. So it’s kinda important if you care about your rights. However, that’s not typically how we think of plausible deniability. And that’s certainly not how we’ve seen it pan out in the political or corporate arena. You don’t have to look long to find a scandal with a defense of “plausible deniability.” Most notoriously, we have President Reagan and the Iran-Contra scandal, Jeff Skilling from Enron, and Volkswagen’s still-evolving emissions scandal – among hundreds of others. And we’ll cover some of those in a minute. But it’s important to remember that this isn’t just in politics and the C-Suite. Real-world plausible deniability can (and does!) encompass things like thinly veiled threats, false advertisements, sexual harassment, stalking, discrimination against legally protected characteristics like race, age, gender, and sexual orientation, as well as a slew of other instances. Petitioner Curtis Flowers claimed that state prosecutor Doug Evans had a history of racial bias. Curtis claimed this bias made his six separate convictions – all prosecuted by Doug Evans – unfair. In two trials, the appeals court found that Evans had intentionally excluded 41 of 42 potential jurors based on their race. This unconstitutional exclusion is also known as a Batson violation. Evans fought the Batson violation charges by pointing out that he had a reason to strike all 41 of the 42 potential jurors. It was acknowledged by all parties that each black juror was subjected to more intense questioning by Evans than the white jurors. However, some supreme court judges indicated they still saw merit in those jurors being removed. Mrs. Johnson, Flowers’ attorney, argued that “The problem isn’t whether the reason [for striking a juror] is a legitimate reason, but whether the reason was pretext.” Ultimately, Flowers’ Batson violations case ruled 7 – 2 that “The trial court committed clear error in concluding that the State’s peremptory strike of a particular black prospective juror was not motivated in substantial part by discriminatory intent.” Whren and Brown were driving in a ‘high drug area’ when police officers noticed they were sitting at a stop sign for an unusual amount of time. They then “abruptly turned without a directional onto the road and sped away.” When police officers stopped Whren and Brown, they found Whren holding plastic bags of crack cocaine. Before trial, they moved to suppress the evidence and stated the officers used the traffic violation as a pretext for stopping the truck because they lacked either reasonable suspicion or probable cause to stop them. Additionally, they claimed it was a violation of the fourth amendment by conducting an illegal search and seizure. In a unanimous ruling, the court held that as long as a police officer could cite a violation as a reason for stopping a vehicle on the road, then whatever other reasons he may have had for stopping the vehicle are irrelevant. Though this seems reasonable enough, traffic violations are not only broad and subjective in most cases – particularly when it comes to reasonable suspicion – but numerous and easy to find if you follow someone long enough. This ruling invited race, age, and gender discrimination and harassment under the guise of a “routine stop.” But as long as a reason can be cited for the stop, that reason can be used as probable deniability for racism, sexism, agism, sexual harassment, or any other illegal reason to be pulled over. On November 4, 1979, 66 Americans were taken hostage in the Islamic Republic Of Iran. When the 1980 election rolled around, incumbent Jimmy Carter was being opposed by Ronald Reagan, and the American hostage situation was one of the leading national issues. As the story goes, Carter was mounting a last-second rescue mission to swing the polls in his (already favorable) favor. Reagan was concerned Carter was going to pull this off, so he made a deal with Iran to hold onto the hostages until after Reagan had taken office. Statements from former intelligence officer Abulhassan Banisadr and US National Security Council member Gary Sick indicate that Iran was promised weapons and monetary assets that had previously been blocked in US banks for holding onto the hostages. Reagan, of course, did win the 1980 election, and 20 minutes after his inauguration speech ended, the Islamic Republic Of Iran announced the release of the American hostages. This sent up massive red flags, and the American public and hostages demanded investigations. The investigations ultimately came back with no definitive proof that the weapons were sold to Iran to delay the release of the hostages, giving rise to Reagan’s first “plausible deniability” scandal, but also the term “October surprise.” Of course, the Iran-Contra scandal doesn’t end that quickly. The money from weapons that were sold to Iran (totaling more than $30 million) was given – at least in part – to the Contras. The Contras were a group of guerillas that were attempting to overthrow the Nicaraguan government. Reagan openly supported their cause, and even likened them to America’s founding fathers. However, selling arms to Iran and assisting the Contras were both illegal – regardless of whether the “October surprise” allegations are true or not. Regan made liberal use of the phrase, “I don’t recall,” and Ollie North stepped in to say that Reagan knew nothing about the money going to the Contras because he hid it from Reagan. This gives us plausible deniability scandal number two, but it also popularized the CIA’s version of the term. But Reagan, in total, had eight major scandals in his presidential career that resulted in indictments, convictions, and investigations of over 138 officials – making him the most scandalous president to date. At this point, it’d be easy to be disheartened by the thought that plausible deniability always wins, so I’d like to introduce you to Enron and the concept of implausible deniability. Implausible deniability can be best explained by attempting to use the excuse of plausible deniability and failing to convince anyone that it’s true. IE: your deniability is implausible. The Enron scandal is too complex for a small part of a blog post, and Jeff Skillings wasn’t the only one who was formally charged, but he’s probably the most well-known player in the scandal. In short: Enron was inflating their revenue by projecting the revenue they hoped to gain from a venture and counting the projected revenue as earned, even if they never earned a dime from the venture. They were also hiding their debt in businesses they created specifically for hiding their debt. It was still their debt, and they still needed to pay it with the money they weren’t actually making, but none of that was in the books. Over the course of a few years, these cooked books fooled investors over the long-term, leading to purchases of more stock, which rapidly lead to the inflation of their stock price from $20 per stock to well over $80. Skillings sold almost all of his stock before it fell and netted himself $15.6 million, then promptly left Enron for “personal reasons.” When this Enron bubble inevitably burst, their stocks fell from over $80 to under $.20 and thousands of people lost their retirement funds, jobs, and billions of dollars in worthless stock. At this point Jeff Skillings, CEO and former COO of Enron, took to the stands well-armed with a heavy dose of plausible deniability. Almost all his statements included some air of, “I wasn’t aware,” “I don’t recall,” “I wasn’t there,” or “I did not believe” when giving his testimony. Of course, no one believed him, and he was sentenced to 12 years in prison. Several other companies, CEO, CFOs, and COOs went down with them. There are no laws in place to specifically safeguard against plausible deniability when it doesn’t pertain to the government’s involvement in other countries. This means that incidents like Flowers V. Mississippi, Whren v. the US, and Enron aren’t touched by the following laws. But that’s not to say there aren’t safeguards that were in place to prevent these things from happening. In the case of Enron, there are quite a few businesses and SEC laws and in the case of civil issues, there’s obviously the constitution. But there are no laws about how the chain of command and passing of information should flow – with the exception of the government’s involvement in other countries. In order to understand what laws are in place to combat plausible deniability as far as the CIA is concerned, we have to look at the foundational laws in place that they build off of. In this case, the Foreign Assistance Act. The Foreign Assistance Act’s goal was to unify existing aid efforts from organizations like the International Cooperation Administration, Development Loan Fund, The Export-Import Bank, and the Food for Peace program, under the United States Agency for International Development (USAID.) It also distinguished the difference between non-military and military aid of other countries, with the former usually falling under the management of USAID. The act states that no aid shall be offered to any communist country (though this can be overturned in some instances by the president,) or to any country that “engages in a consistent pattern of gross violations of internationally recognized human rights, including torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges, causing the disappearance of persons by the abduction and clandestine detention of those persons, or other flagrant denials of the right to life, liberty, and the security of person, unless such assistance will directly benefit the needy people in such country.” Though, due to the violent nature of Contra’s efforts, this is one of the laws that the Iran-Contra scandal directly conflicted with in the ‘80s. This amendment to the Foreign Assistance Act was intended to limit major covert operations of the military, CIA, and security agencies without the president’s (and other parties’) full knowledge. Essentially it’s supposed to work like this: The CIA and Defense Department agencies were prohibited from using appropriated funds to conduct covert operations until the president issued and submitted an official finding that each operation was essential for national security. From there, the finding would go to six congressional committees, which later became eight congressional committees including the House and Senate “select committees” on intelligence that were later established specifically for this purpose. The act also stated that the CIA (or other agency) had to inform congress in a timely manner of their entire intended plan. This would remove the “plausible deniability” of the president and expand the circle of culpable parties into several congressional branches. This failed rather quickly because the ability for congress to veto and leak covert operations was now a large part of the covert ops approval process. As such, the CIA and other covert agencies never gave the full picture to committees. As a result, the committees stopped further questioning the CIA and other agencies that conduct covert ops because they weren’t getting the full story regardless of questioning. Again, this was violated with Iran-Contra in the ‘80s. The Intelligence Oversight Act is an amendment to the Hughes-Ryan Act and intended to fill in the gaps the previous revision failed to fill. This act removed six of the eight committees from Hughes-Ryan and now only required two committees be privy to covert ops – the House and Senate “select committees” on intelligence (HPSCI and SSCI, respectively.) This act also revised what the new rules going forward were, including keeping both committees “fully and currently informed” of activities including “any significant anticipated intelligence activity.” However, a smaller-mentioned portion of this amendment also includes the article provision, “[n]othing in this subchapter shall be construed as requiring the approval of the congressional intelligence committees as a condition precedent to the initiation of any significant anticipated intelligence activity.” This removes the pitfalls of the previous amendment where covert operations could be vetoed or leaked, while retaining the original intention to expand the net of culpability and remove any reasonable excuse of probable deniability.

Nepotism, Cronyism, & Favoritism: Illegal Or Unethical?

Nepotism in its simplest form is showing favoritism towards relatives. On the other hand, the less commonly thrown around (yet more commonly occurring) cronyism, is showing favoritism towards friends, associates, or colleagues. In general, they both involve “playing favorites.” Situations like choosing a relative for the job when there were more qualified applicants, promoting the office suck-up based on their relationship to management versus on job merit, or starting friends and family off at a higher pay rate with lesser qualifications count as favoritism. But favoritism isn’t always the simplest thing to define. And, more often than not, it depends on the perspective. For example, when someone is offered a promotion based on relation – rather than work record – it’s unfair. But not usually discriminatory. The person who offered a friend or family member the promotion could get along better with this person, be less critical of their work, or could genuinely see value in their work even if you don’t. We all have biases. That’s not opinion, that’s an unfortunate scientific fact. Without them, we would have too much information to process. That’s just how your brain operates to make shortcuts for your decision-making process. And those biases influence how we act, react, see people, and judge value. Some people are self-aware enough to see how their bias paints a person or a situation. And, with that, they can make logical and rational decisions. Opposed to decisions fueled by undercurrents of emotional bias. IE: you adore your best friend and think she’s a wonderful singer. Even if you’re aware that she sounds like a sick crow to literally everyone else. But, unfortunately, most people aren’t terribly self-aware. Including management (as well as plenty of employees) who overvalue and overpraise underwhelming work. I bet you know the kind. In order for favoritism to be illegal, you need to prove that the bias was against a protected characteristic. Something like your age, gender, sexual orientation, religious beliefs, etc. The problem with that is some groups just get along better. They work together better, they communicate better, they share the same beliefs, views on the world, values – whatever. And none of that makes favoritism illegal. Even if they only get along better because of a legally protected characteristic. Which leads us to the question: when (if ever) is nepotism illegal? Nepotism itself is not illegal in the private sector. This means unless you’re employed by the government or a public entity, your company does not have many (if any) laws banning, prohibiting, or otherwise punishing nepotism or cronyism. Without this lack of law, family-run and owned businesses wouldn’t be a thing. So, on one side, it’s a great and heartwarming thing. On the other side, it’s wonton – and dare we say rampant? – abuse leads to serious ethical implications. And, let’s remember: nepotism is still a form of favoritism. But favoritism isn’t inherently illegal. However, in some cases, favoritism crosses the line into discrimination. Just where this line is – and how to prove that line has been crossed – is tricky. Say Sarah and Emily were hired at the same time, for the same job, in the same department, and have the same experience. So all things, essentially, equal. I know that’s not realistic. But for the sake of simplicity, play along. Now, Sarah consistently outperforms Emily, but Emily is related to their boss. When the opportunity for a promotion opens up, Emily gets offered the job and Sarah doesn’t. Someone being offered a promotion because of their relation to management (or even their ability to obnoxiously suck up to management) is favoritism. But it hasn’t crossed any legal lines. If Emily from the example above wasn’t related to the boss and was being favored due to her age, race, gender, or any other legally protected characteristic instead, then it becomes illegal. If Sarah is indeed more deserving based on her work performance, but being overlooked due to a protected characteristic, it’s discrimination. But it would be hard to prove. So let’s keep going with this then. Emily’s older than Sarah, so the boss feels that Emily is more competent. Even though they have the same experience and Sarah outperforms Emily. But if Emily and the boss get along better because of his bias towards her age, then the boss could easily argue he promoted Emily because he liked her better. This would still be super unfair and unethical – and a terrible management practice. But not illegal on face value. However, if a clear pattern starts to emerge where – all other things equal – this supervisor consistently overlooks younger people for promotions, then there’s certainly a case for discrimination. If you feel like you are being discriminated against, we have some resources to help you weigh your options. Favoritism is also illegal when it becomes sexual harassment. When a boss favors someone they have a consensual sexual relationship with over someone they don’t have a sexual relationship with, that’s not necessarily illegal. Typically unethical and would constitute as nepotism or cronyism – but not illegal. Married couples working together, for example. Which may or may not lead to nepotism. But that’s for another time and post. When this becomes illegal is when they favor the person they’re in a sexual relationship with and/or punish the person (or people) who denied engaging in a sexual relationship with them. Alright, example time. Say person A got a promotion after they engaged in a sexual relationship with their superior. But person B got fired and person C got demoted after both denied the same superior. At that point, it goes from being cronyism (or nepotism depending on the relationship with person A) to sexual harassment. And – in some cases – discrimination. However, for discrimination to come into play in a sexual harassment case, sexual orientation or another protected characteristic would need to be a factor. For example, if person B denied a sexual relationship with their superior because of their sexual orientation and got fired. But person C denied a sexual relationship with their superior without sexual orientation being a factor and simply got demoted – this would likely push the interaction over the line to discriminatory. Providing all else is equal between person B and person C, of course. It can also be sexual harassment in some cases if the superior is attempting to “win over” someone by favoring them in the hopes their relationship will turn sexual. But, again, the circumstances surrounding that one are tricky. It’s hard to point to where the action crosses the line into harassment or discrimination. The superior could easily say they promoted one person over the other because they’re in a relationship. Or in the latter case because they like them more than the other person. In either case, this could be entirely true. Again, it would be totally unfair and a terrible management practice – but not necessarily illegal. And, again, not the easiest case to prove. But if you feel sexually harassed, don’t let that discourage you from putting a stop to it! Nepotism and cronyism in the private sector become illegal when it breaches a contract, becomes discriminatory, or involves sexual harassment. Contract breaches are probably the easiest to prove. Most jobs require some form of contract. Whether you realize you’d signed one or not. That stack of paperwork you sign when you start a job? Somewhere in there, it usually outlines an adherence to the company policies and terms. Most of the time it also outlines what the company will and won’t tolerate for relationships in the workplace. And, additionally, what actions count as a conflict of interest. Of course, nepotism and cronyism almost always count as a conflict of interest in the general sense. But if your company is privately held, what counts as a conflict of interest to them is a whole other matter. For publically traded companies, under the Sarbanes-Oxley act (2002,) management officials are required to disclose conflict of interest to potential and current stakeholders. This means if the company you work for sold all or part of itself during an IPO, they’re required by law to disclose the hiring of family or friends. If they fail(ed) to do so and someone reports their failure, that means that conflicts were hidden will likely lead to an SEC investigation. If you report your employer, you’ll be protected from punishment under the whistleblower act. Nepotism and – to a much lesser extent – cronyism are also illegal in government entities. Many states have an anti-nepotism law for public officials such as senators, people in congress, and in some cases police departments or other government entities. In most states (even the ones that don’t have anti-nepotism laws) conflict of interest laws still apply to both government entities and to publicly traded companies under the Sarbanes-Oxley act. Each state has laws that govern what relationships count under the law, what the repercussions for breaking the law are, and who this law applies to. In some cases, relationships defined by blood (consanguinity) are more penalized than those defined by marriage (affinity.) Some laws only count immediate family while others count family members that are four or more degrees out (ie: third cousins or your great aunt three times removed.) In rarer cases, some states define their degrees differently. This table is from the National Conference of State Legislatures.   Class 2 misdemeanors are punishable by up to four months imprisonment and a fine of not more than $750. Ariz. Rev. Stat. Ann. § 13-707 & 13-802. No person related to a legislator within the second degree shall be appointed to any clerkship, office, position, employment or duty within the legislative branch when the position would be paid out of public funds. Idaho Code Ann. § 18-1359. Possible penalties for violation of this chapter include: (from Ind. Code Ann. § 4-2-6-12) §  (1) Impose a civil penalty upon a respondent not to exceed 3 times the value of any benefit received from the violation. §  (2) Cancel a contract. §  (3) Bar a person from entering into a contract with an agency or a state officer for a period specified by the commission. §  (4) Order restitution or disgorgement. §  (5) Reprimand, suspend, or terminate an employee or a special state appointee. §  (6) Reprimand or recommend the impeachment of a state officer. §  (7) Bar a person from future state employment as an employee or future appointment as a special state appointee. §  (8) Revoke a license or permit issued by an agency. §  (9) Bar a person from obtaining a license or permit issued by an agency. §  (10) Revoke the registration of a person registered as a lobbyist under IC 4-2-8. §  (11) Bar a person from future lobbying activity with a state officer or agency. NOTE: The statement of policy in the statutory section on the Maine Civil Service System, Bureau of Human Resources mentions a general interest in having a government free from nepotism, but it is not clear that the provision would establish any particular legal restriction or duty regarding legislators or other public officials. Me. Rev. Stat. tit. 5, § 7031. It shall further be unlawful for any person or any member of any board, bureau, or commission or employee of any department of this state or any political subdivision thereof to enter into any agreement or any promise with other persons or any members of any boards, bureaus, or commissions or employees of any department of this state or any of its political subdivisions thereof to appoint to any position of trust or emolument any person or persons related to them or connected with them by consanguinity within the fourth degree or by affinity within the second degree. Mont. Code Ann. § 2-2-303. Violation of the nepotism laws are punishable as misdemeanors, with a fine of between $50 and $1,000, imprisonment for no more than 6 months, or both. Mont. Code Ann. § 2-2-304. Employment or recommendation of a family member permitted by political subdivisions, with disclosure and approval. Neb. Rev. Stat. Ann. § 49-1499.04. A person employed contrary to the provisions of this section must not be compensated for the employment. Any person violating any provisions of this section is guilty of a gross misdemeanor. Nev. Rev. Stat. Ann. § 281.210. Gross misdemeanors are punishable by a jail term of not more than 364 days or a fine not to exceed $2,000, or both. Nev. Rev. Stat. Ann. § 193.140. No person so unlawfully employed shall be paid or receive any compensation from public funds, and such employment shall be null and void, and the person or persons giving such employment, together with his or their bondsmen, shall be liable for any and all moneys so unlawfully paid out. N.M. Stat. Ann. § 10-1-11. Department of Administrative Services Directive No. HR-D-02 established a statewide nepotism policy that applies to legislators. Legislators shall not employ or supervise any person closely related. Penalty is a misdemeanor, punishable by a fine of at least $100 but no more than $1,000 and forfeiture of office. Okla. Stat. Ann. tit. 21, § 485. “Family member” means an individual who is: the spouse, parent, brother, sister, child, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, or grandchild; a member of the individual’s immediate family. S.C. Code Ann. § 8-13-100. §  (7) an appointment or employment of a person by a municipality that has a population of less than 200; or §  (8) an appointment of an election clerk who is not related in the first degree by consanguinity or affinity to an elected official of the authority that appoints the election judges for that election. Exceptions: (from Utah Code Ann. § 52-3-1) §  (i) the appointee is eligible or qualified to be employed by a department or agency of the state or a political subdivision of the state as a result of compliance with civil service laws or regulations, or merit system laws or regulations; §  (ii) the appointee will be compensated from funds designated for vocational training; §  (iii) the appointee will be employed for a period of 12 weeks or less; §  (iv) the appointee is a volunteer as defined by the employing entity; or §  (v) the chief administrative officer determines that the appointee is the only or best person available, qualified, or eligible for the position. No public officer may directly supervise an appointee who is a relative or household member when the salary, wages, pay, or compensation of the relative will be paid from public funds, except as follows: (from Utah Code Ann. § 52-3-1) §  (i) the appointee was appointed or employed before the public officer assumed his position, if the appointee’s appointment did not violate the provisions of this chapter in effect at the time of his appointment; §  (ii) the appointee is eligible or qualified to be employed by a department or agency of the state or a political subdivision of the state as a result of his compliance with civil service laws or regulations, or merit system laws or regulations; §  (iii) the appointee will be compensated from funds designated for vocational training; §  (iv) the appointee will be employed for a period of 12 weeks or less; §  (v) the appointee is a volunteer as defined by the employing entity; §  (vi) the appointee is the only person available, qualified, or eligible for the position; or §  (vii) the chief administrative officer determines that the public officer is the only person available or best qualified to perform supervisory functions for the appointee. When a public officer supervises a relative/household employee: (i) the public officer shall make a complete written disclosure of the relationship to the chief administrative officer of the agency or institution; and (ii) the public officer who exercises authority over a relative may not evaluate the relative’s job performance or recommend salary increases for the relative. Utah Code Ann. § 52-3-1. No appointee may accept or retain employment if he is paid from public funds, and he is under the direct supervision of a relative or household member, except as follows: (from Utah Code Ann. § 52-3-1) §  (a) the relative/household member was appointed or employed before the public officer assumed his position, if the appointment did not violate the provisions of this chapter in effect at the time of his appointment; §  (b) the appointee was or is eligible or qualified to be employed by a department or agency of the state or a political subdivision of the state as a result of his compliance with civil service laws or regulations, or merit system laws or regulations; §  (c) the appointee is the only person available, qualified, or eligible for the position; §  (d) the appointee is compensated from funds designated for vocational training; §  (e) the appointee is employed for a period of 12 weeks or less; §  (f) the appointee is a volunteer as defined by the employing entity; or §  (g) the chief administrative officer has determined that the appointee’s relative is the only person available or qualified to supervise the appointee. Each day any such person is retained in office by any of said officials shall be regarded as a separate offense. Utah Code Ann. § 52-3-2. Any person violating any of the provisions of this chapter is guilty of a misdemeanor. Utah Code Ann. § 52-3-3. Penalties may include removal or disqualification from office, fines, and a term of imprisonment. Utah Code Ann. § 76-3-201. Penalty is a misdemeanor punishable by a fine of not more than $1,000 and removal from office. Wyo. Stat. Ann. § 9-13-109. “Family member” means an individual: (A) Who is the spouse, parent, sibling, child, grandparent or grandchild; or (B) Is a member of the individual’s household. Wyo. Stat. Ann. § 9-13-102.

How To Obtain A Criminal Background Check In Pennsylvania

Most Pennsylvania criminal background checks are public record. This means information is accessible to anyone who knows how to search for it online or request it by mail. As is the case in all other states, however, juvenile records and officially sealed records can only be accessed by a court order.  Prospective employers, as well as private citizens, may wish to perform a background check on people for a variety of reasons. Employers will obviously want to use the information on a person’s criminal history to assess whether or not they may be trusted to perform job duties and whether or not an applicant is suited to work with the general public. This is especially true if a prospect may be asked to work around large sums of money or other valuable items. Also, if a person is working around vulnerable populations– such as elderly people or young children– a criminal background check is not only required by law but makes for good sense when assessing whether or not a person can be trusted not to harm or in any way take advantage of others in their care.    Adults wishing to volunteer with certain non-profit organizations may also have to undergo a criminal background check. As is the case with employers mentioned above, volunteers may also have access to valuable items, sensitive data, or may engage with vulnerable populations. For these reasons and others, it may be necessary for an organization to perform a background check to safeguard the organization and the public.   Increasingly, private citizens are also seeking background information on people they encounter in their personal lives. It is not uncommon for people to search for information on the criminal history of domestic workers, romantic partners, or even prospective business partners. Pretty much anyone can order a PA criminal background check on another person whenever they feel the need to do so.   Those wishing to adopt a child in the state of Pennsylvania must also submit to a criminal background check. Such will be ordered by the court presiding over the adoption before the matter is concluded. Along with a state background check, a full investigation of each adult who is involved in a child’s adoption will also ensue. This includes checking for criminal histories that may exist in other states, as well as federal background checks for those petitioning to adopt. A background check may also be requested for other adults living in the home where the child may live if an adoption is granted. Such thorough criminal background checks are necessary to ensure the future safety and well-being of a child being adopted by a new family.   State background checks may also be performed by government agencies located anywhere in the United States. For example, a PA criminal background check may be performed in determining whether or not a person will be granted a travel visa. A person’s criminal history may also be considered during a foreign citizen’s immigration process.   Whether performing a background check in Pennsylvania online or by mail-in request, the following information will need to be supplied in order for a search to be performed: In addition to information being requested on an individual subject, the person requesting a criminal history must also supply their own name, address, telephone number, and the reason why they are requesting a PA criminal background check on another person.    A unique online portal known as the PATCH system (Pennsylvania Access To Criminal History), is available to the general public. If a person has a criminal history in the state, a record of such is stored in a central repository, which PATCH searches each time an online request is made. If a person’s information does not match anything in the repository, the requestor is immediately notified that no criminal history exists for that subject.  However, if the information entered into the system by the requestor matches any information stored in the state repository, the request will net a “Request Under Review” response, which can take up to two weeks to be completed. Within that time, a manual search of a person’s criminal history is performed. Upon completion, if the person does have a criminal record, that information will be reported to the requestor online and can be printed, if necessary. If it turns out that, under closer review, the person does not have a criminal record in the state of Pennsylvania, the requestor will be notified of such.  If a certified copy of a person’s record is needed, that can also be obtained by following the online instructions available within the PATCH system. Copies of certified records can also be printed upon request.   The process of obtaining a PA criminal background check by mail is essentially the same as the online process previously described. While the request is initiated by mail, the information supplied requires a manual search of the state’s repository.  To obtain a background check by mail, a person must first download the appropriate form on the state police website. As of this writing, there are three separate forms a person may choose from:  Whereas an online records search may take up to two weeks to be completed (in cases where information provided matches information in the state’s central database), a search by mail may take up to four weeks for a full search to be completed.   When a volunteer or an employee will be working with or around children, an additional child abuse clearance may be required before that person is hired. In these cases, a clearance can be ordered online or in person by following the instructions provided on the Pennsylvania Department of Human Services’ Office of Children Youth and Families website.   Currently, the fee for a standard request is $22.00 U.S. Dollars. A request for an Access and Review criminal background check is $20.00 U.S. Dollars. Non-profit groups and organizations requesting a criminal background check on a volunteer are not charged a fee as of this writing. None of these fees includes the cost of obtaining notarized copies of a person’s criminal background, when necessary.  Online requests may be paid through PATCH by credit card. Information requested by mail-in form, must be paid by money order. The Pennsylvania State Police Department does not accept personal checks or cash for criminal background searches. The cost of checking another person’s criminal background in the state of Pennsylvania may change over time and so it is best to contact the Pennsylvania State Police or visit their website for the exact fees.   Occasionally, obtaining information on a person’s criminal history may be a bit more difficult. It is not uncommon for criminals to attempt to hide their past in order to deceive others. They may do so by using an alias, lying about their actual birth date, or any other way they can shield their true identity and make it difficult for a PA criminal background check to be performed. When this happens, it may be necessary to hire a private investigator who specializes in digging into a person’s past through alternate means. Such an investigation may involve activities such as covertly following a person to verify where they live, obtaining a person’s fingerprints or other DNA samples in order to verify their true identity, and questioning people closely associated with the person, such as family members, neighbors, and co-workers. As this can be a very complicated and even dangerous way of obtaining information necessary to perform a more thorough criminal background check, it is strongly advised that an experienced professional is hired to perform such tasks. The cost for a more in-depth investigation will vary depending upon the agency or individual hired and the length of time it takes to uncover the information necessary for a full background check.   It should be noted that performing a PA criminal background check will only return results for the state of Pennsylvania. Separate background checks must be performed to determine whether or not a person has a criminal history in another state. Federal background checks are also entirely separate. The processes involved in checking a person’s criminal history in other states and with federal bureaus may differ from the system made available in Pennsylvania. Federal background checks are the most thorough criminal searches available. These are commonly used in employment situations and, of course, by law enforcement officials. Federal background checks are also required by law for any persons who will be engaging with or working in close proximity to children. Most nursing homes, hospitals, and other caretaking jobs will also require a federal background check.  Fees for a federal background check or record searches in other states are totally separate from any fees associated with a PA criminal background check.   Knowing precisely how to obtain a PA criminal background check can streamline the process while saving a person time and money. Researching a person’s criminal background may also help in determining whether that individual is suitable for employment, future business dealings, or even romantic partnerships. As we live in an information age, access to a person’s history is often right at our fingertips and can even be done from home once an individual knows what to look for and where to find such information.  For more on how to perform a PA criminal background check, please visit our article archives. 

How To Check If A Number Is On The Do Not Call List

Telemarketing calls are nothing new, but many people still receive them on a daily basis. If you do not recognize a phone number calling you, there is a good chance it is an unwarranted sales call. And while there are call-blocking apps and built-in tools on your phone that you can use to ward off sales calls, the easiest way to make sure you stop getting telemarketing calls is to simply add your phone number to the Do Not Call Registry. This is a free service provided by the Federal Trade Commission that puts your phone number on a list that telemarketers are not allowed to call. But what if you’ve added your information to the list and you’re still receiving those pesky calls? Let’s dig into the details and how to check if your number is on the do not call list once you’ve registered. Adding your phone number to the Do Not Call Registry is a simple, one-step process. If you have yet to do so, call 1-888-382-1222 or visit donotcall.gov, click “Register Your Phone,” and provide them with your number and email address. You will receive an email to complete your registration within a few days. From there, your number will be added to the DNC list by the following day. Within a month, the number of phone calls you receive from telemarketers should dramatically decrease. However, we are often asked if there is a way to confirm that your phone number is on the Do Not Call Registry. Perhaps you are still receiving unwanted calls, or you are not sure your registration went through in the first place. To get peace of mind about your registration status, you’ll want to visit the same website you did when you originally registered, donotcall.gov. Once you’ve pulled up the National Do Not Call Registry website, select “Verify Your Registration.” You’ll need to re-enter your phone number and email address. If you registered multiple phone numbers, you can check them all of the same time (up to three). Shortly after submitting your information, you will receive an email that will verify if your number is on the list and the exact day you were registered. This information may be able to help you track at which point the telemarketing calls slowed down, if at all. If the number of unwanted calls did not decrease after the verified registration date, it may not be telemarketers’ phone numbers that you need to worry about (more on that in a bit). Phone numbers stay on the National Do Not Call Registry indefinitely. You can request that your phone number is taken off the call registry. The only other reason a number may be removed from the registry is if the phone line is deactivated. If you have registered for the National Do Not Call Registry, you probably expected all those random calls to stop coming in. However, what many people do not realize is that many unwarranted calls are not from telemarketers. Instead, they are from spammers. Through the Telemarketing Sales Rule, the National Do Not Call Registry was created to help stop telemarketers from cold calling strangers. It is illegal for them to do so if the person receiving the call has not granted the telemarketer permission to give them a sales call, which is where the registry comes in. By law, telemarketers must abide by the DNC list, which is only effective to a certain extent. Why? Well, telemarketers are not considered spammers because they work for legitimate businesses. Spammers, however, cannot be monitored as closely because they are working outside of the law. They are not running legitimate businesses that care about the legalities of the FTC’s registry, meaning spammers choose to ignore it and call you anyway. Keep in mind, it is still completely legal for organizations to reach out to you for the following purposes: Still receiving unwanted calls? You can report it to the FTC to help them keep track of where these calls are coming from. However, if you want to completely stop scammers and robocalls, you may need to take additional steps, such as downloading a mobile app on your phone. There are various paid and free apps to help detect spam calls and turn them away before they get a chance to go through. To learn more about protecting yourself from spam, check out How To Report A Scammer To The Police.

How To Report A Scammer To The Police

If you’ve ever been scammed, you may feel hopeless. Scam artists have many tactics up their sleeves, from selling counterfeit goods to stealing your information online. Sadly, the majority of people have found themselves on the receiving end of a scam, unsure about how to find justice. But fortunately, there are ways you can fight back, including reporting the incident to the police. In this guide, we will discuss reporting a scammer to the police, as well as how to find justice through the Federal Trade Commission and Internet Crime Complaint Center. If you’ve been scammed, read on to find the right solution for you. If you have recently been scammed, take comfort in knowing that there are multiple resources out there to help. However, scammers come in all shapes and sizes, and reporting them may look different depending on the crime. If you’ve been scammed over the phone, the process of reporting it will look a bit different than if you have been scammed on a website or by a local scam artist. Regardless of the details of the crime, you will want to notify your bank immediately if a debit or credit card was used to make the fraudulent purchase. When you call, ask to speak to the fraud department. The fraud representative will ask you several questions about the scam, such as when it took place, how much money you have lost, and if you have noticed any other suspicious transactions that resemble fraud. Many banks will investigate on your behalf and reimburse you if they find the purchase was indeed a scam. Once you’ve notified your bank, you should reach out to the authorities to report the scam. For those who have experienced website scams or fraud via an online purchase, reach out to the Internet Crime Complaint Center at www.ic3.gov. This is a Federal Bureau of Investigations (FB) website. All you need to do to report the crime is provide the FBI with some basic information. Start by clicking “File a Complaint.” Then, proceed by clicking the IC3.gov button, which will take you to a page focused on internet crimes. If you believe the scammer has also stolen your identity, you can reach out to the Federal Trade Commission at 1-877-FTC-HELP or 1-877-ID-THEFT. They also have a place on their website, www.ftc.gov to file a consumer complaint or report identity theft. If you are unsure about where to direct your scam complaint, reach out to the FBI online or give them a call at (202) 324-3000. If you have fallen victim to a scam, your local police department should be able to help along with the resources mentioned above. It is generally best to file a police report on a scammer, reach out to your bank, and file a complaint with the appropriate federal agency as soon as possible after you have been scammed. To file a police report for a scam, you will need make a call to or visit the fraud division of your local police department. Make sure you are able to provide them with information about the incident, from bank statements to credit card charges, emails, and phone call history. If you have any information about the scammer, such as their physical appearance, the sound of their voice, phone number, or IP address, be prepared to share it with the authorities. Upon reaching out to the police, they will ask you for the information they need to file the report. Be sure to make a note of which officer files the report and their contact information in case you need to follow-up. Depending on what kind of scam has taken place, your local authorities may not be able to catch the scammer. In this case, they should be able to provide you with additional resources to help. Sometimes, your local police department will direct you to a state consumer protection office for scams related to banking, insurance, investments, and household utilities. There are a couple of avenues you can take if you are trying to get your money back after a scam. The most efficient way is to report scams immediately to your bank’s fraud department if you had money stolen from you on a credit or debit card. The FTC focuses on stopping businesses who use scams to make money. They also work to get customers refunds for any money lost from scams. If you file a report, the FTC cannot promise you will get your money back, but if there are enough scams from one company, they will make it a priority to shut them down and get customers their money back.

How To Sue A Company

There are many reasons why someone may want to sue a company, whether that is for a breach of contract, an injury, or another wrongdoing on the business’ behalf. The people that file suit against businesses are often employees, customers, or stakeholders who have been harmed in some way by the company. This harm can come in many forms, including physical, mental, or emotional, and each case is handled differently. Some cases are taken care of in small claims court, while some are settled entirely out of court. If you are considering suing someone at a company – or the business itself – you likely have many questions. In this guide, we will discuss the basics of suing a business, as well as other options to consider if you aren’t ready to go to court. If you have been harmed by a company, you are able to file a lawsuit against them. However, before you get too far down the rabbit hole, take a moment to gather any proof you have that the company harmed you. These can be photos, emails, witnesses, medical records, or contracts. It is recommended that you write down any details you remember from the situation before you forget, as you may need to share these with an attorney and judge later. Once you have gathered evidence and taken notes about the wrongdoing, you can file a complaint with the court in your jurisdiction. To do so, you will typically just have to fill out a form that outlines who is filing a complaint against who, and for what reason. In some jurisdictions, you will send a demand letter at this stage, which tells the defendant and the court what kind of compensation you are hoping to gain from the case. Upon being notified about the complaint, some companies may try to settle with you outside of court, which can be a solid option for you if you do not want to have to worry about all of the fees that go along with a lawsuit and hiring an attorney. To proceed with filing a civil claim against the defendant, you will need to register through the local court and schedule a court date. However, it is important to keep in mind that once you file a complaint, a business will want to protect their reputation just as much as their money. You must be prepared for the business to fight back, which is why it is so crucial to have evidence against them. If you go to court over the dispute, it will be considered a civil lawsuit. A civil lawsuit takes place when a defendant has caused harm or damage to the plaintiff. Civil cases cover many of the wrongdoings that are not considered criminal cases, whether that is a wrongful termination at work, a breach of contract between an employer and employee, or a bodily injury from a product defect. Note: You will also want to notify your insurance if you have been harmed by an organization. They will typically be able to help you when it comes to collecting damages. What about Small Claims Court? If you are seeking damages under $1,000, you may go in front of small claims court to present your case. It is a relatively cheap forum for minor disagreements and controversies. Plus, you may not need legal assistance in small claims case. You will just need to be prepared to pay some money for the filing and court fees. Going up against a business, especially a large one, may feel a bit intimidating. However, there are many reasons why individuals may be able to sue a business and win. Most often, those who sue corporations are employees, customers, or stakeholders. Other instances of someone suing a company may be if an employee of the business does harm to a bystander while on the job. So, on what grounds are you able to sue a business? Here’s a look at some common reasons individuals go up against a corporation: Wrongful termination – If you are a former employee of a company and believe you were fired for reasons that were not just, such as discrimination, you may have a case for wrongful termination. Breach of contract – There are several ways a breach of contract can happen. An employee may leave their job before their contract says they can. Or, an employer may go against terms laid out in a contract with an employee. Maybe you signed a lease with an apartment complex, and the property management company did not abide by the contract. Regardless, when terms of a contract are broken, you can sue a company. Injuries – If you are physically hurt while at work, or if an employee on the job does physical harm to you, you may be able to sue a business for bodily harm. This can also apply to customers using a business’ product that malfunctions and ends up injuring them. Harassment – Like injury, employees who are harassed, whether it’s physically, mentally, or sexually, can file a lawsuit against a business for related harm and damages. Malpractice – Patients and clients of care facilities can sue a business for malpractice if they believe the business acted negligently. Fabricated financial information – If shareholders for a company are provided with false information about the financial health of an organization, they can sue the organization. If a company has caused you harm, you may want to find legal assistance to help with your case. It is advisable to hire an attorney from the beginning because there are a lot of moving parts when you choose to sue someone at an organization, or the business themselves. If you are an employee (former or current) of the defendant, you will want to find an employment lawyer. There are attorneys who specialize in lawsuits from wrongful termination to harassment, discrimination, employment contracts, and more. If you’ve been physically hurt by an organization and/or one of its employees, you should find a personal injury lawyer. Organizations being sued, on the other hand, should look for a corporate litigation attorney. In most cases, the business is the entity that gets sued, but in certain situations, the owner or an employee of a business can be sued, as well. This kind of question is most often asked when it comes to bodily harm cases. For example, if someone is walking across the street at a crosswalk and a delivery truck hits the bystander, the company and the individual driving would most likely be at fault and could both be sued by the civilian. On the other hand, if an employee is working in a factory and one of the pieces of equipment malfunctions, causing the employee to be injured, the company would be at fault in most cases. Laws regarding these kinds of cases vary by state. In fact, if you work for a large company, you may not be able to sue them at all. Yes, you heard that right. The majority of Fortune 100 companies, as well as other large entities, will make employees sign a mandatory arbitration clause when they are hired so if a problem ever arises, it has to be handled in a private settlement rather than claims court. This is to protect the reputation of the organization, its employees, and its financials. Companies that use mandatory arbitration clauses are typically franchises or well-known organizations that would be highly scrutinized by the public if lawsuits were to arise. What about sole proprietorships? You can sue someone that owns their own business if it is not an LLC, but a sole proprietorship. This is because the person and the business are the same from a legal standpoint in a sole proprietorship; whereas, an LLC is an entity of its own and is separate from the owner of the business. If you are unsure how to proceed with a legal settlement or lawsuit, an attorney can provide you with advice on how to sue someone in an organization. Keep in mind, a lot of effort, resources, time, and money go into suing a business. There is never a guarantee that the plaintiff will win the case, either, so it is important to weigh your options before going to court. If you have a minor injury, it may not be worth it to you to file a lawsuit against a company because of how much money it costs to hire an attorney and pay court fees. If you are uncertain about whether or not to pursue a lawsuit, always talk to an attorney about your options. To learn more about business law, here’s a look at the 4 Questions To Ask Before Hiring a Business Lawyer.

How To Fire An Employee The Right Way

Firing an employee is one of the most challenging aspects of business, regardless of the situation. As an employer, preparing to deliver the bad news can feel overwhelming, especially if you have developed a close relationship with the employee. However, there are plenty of ways to make the difficult conversation go more smoothly, as well as ways to preserve a mutual respect between the employer and employee. This guide on how to fire an employee will cover the basic reasons why to fire an employee, how to prepare for a termination meeting, and ways to tell someone they are being fired. While the individual being fired may be at fault for their termination, it is the employer’s responsibility to make sure the termination is handled properly. Firing someone almost always has a ripple effect on the company, so ensuring you know the right way to fire an employee is critical for the health of your organization. If you are reading this article, it is likely because you and your team are contemplating firing someone. What is holding you back? Is it guilt or uncertainty? If you are unsure a termination is the right decision, consider some of the common reasons employers choose to follow through with firing a team member, below. If you plan to fire an employee, your reasoning should be fair, ethical, and of course – legal. Common reasons to terminate an employee include: Employment and termination laws vary by state, but many jurisdictions practice something called at-will employment. This allows both employees and employers to terminate a contract at any time, for any reason. While that may sound intimidating, it does not necessarily increase the odds of an employee being terminated. Rather, it allows for employers and employees to move on from one another if it is not a good fit. If there is an At-Will clause in a contract, the employer is not required to provide a warning to the employee before terminating their contract, just as the employee is not required to give a notice before quitting. However, even though it may be legal to fire someone without a warning, it is not a recommended practice by any means, especially if you care about your business’ reputation and company culture. Prior to firing an employee, it is a good idea to first share with them that they are not meeting expectations for their role. Be prepared, be professional, and be clear with your words. Then, the employer and employee can come up with a roadmap to improve performance, which is often called a Progress Improvement Plan (PIP). A Progress Improvement Plan is a set of steps that should be taken following a conversation with an employee about their poor performance. The purpose of a PIP is to provide thorough, clear communication to the employee so they know exactly where they are falling short and how they can improve. This offers them a chance to work through any issues or roadblocks they may be experiencing before consequences become more severe. It is best to start with a warning, typically a verbal one followed by a written one. The PIP should then outline the steps to improve performance, as well as weekly, monthly, or quarterly check-ins to touch base on progress. Another preventative best practice is to have company policies in place regarding behavior and attendance. When an employee is first hired, have them read the handbook that outlines the policies and make them sign it to confirm they have read it, understand it, and intend to follow it. This way, if an employee breaks a written policy, you can refer back to it in the PIP or during termination. Some policies outlined in the handbook may include what happens if an employee racks up too many absences. Another may focus on behavioral problems like not completing work or showing up late. Keep in mind, if the company is certain an employee will not improve in their role, a PIP is not necessary. This may be the case from time to time if a business hires someone without the proper experience and qualifications and they do not have the bandwidth to help the employee improve. Under-performing employees are often hired when there is a desperate need for help, which causes companies to rush the hiring process and overlook certain red flags. Firing an employee who should have never had the job to begin with is difficult, and the employer should take some responsibility for misplacing them. Employment contracts can feel like a blessing and a curse. If there is not an at-will clause in a contract, there is typically a section that details the terms of employment, like the time frame the worker must stay in their role, whether it is six months or two years. This section will also discuss when and how a worker can be terminated, which is extremely important for employers to abide by. Many contracts state that if a team member breaks certain policies, they can be terminated prior to the contract’s end date. If a worker does not break the terms laid out in their contract, however, they cannot be let go before they have worked for the amount of time stated in the agreement. Doing so can lead to a wrongful termination lawsuit, which can be more costly and stressful than waiting for the contract to expire. If your team has decided to let go of an employee, you will need to prepare for and schedule a termination meeting. This meeting should take place in a private room where you work. If you work remotely, a closed-off room in a co-working space will do, and if there is no way of meeting in person, a video call should be the last resort. Regardless, the meeting needs to be face-to-face for the best possible outcome. Send a meeting invite in the same format you would typically do so, whether that is through an email or Google Calendar invite. Keep the meeting title simple, like “John and Mark Meet-Up.” It is a good idea to send the invite close to the time of the meeting so the worker does not get overly anxious about it first. So, who should be the person to deliver the news? Experts say a direct manager or supervisor – someone who has worked closely with the individual and knows them on a personal level – should be the one to notify them about the termination. Along with the manager, it is recommended to have a human resources representative, another trustworthy employee, or your business’ lawyer in the meeting with you and the employee. This person will act as a buffer, providing support and answering questions. And from a legal standpoint, they will serve as a witness in a lawsuit if the termination escalates after-the-fact. No one expects a former employee to file suit against them, but it can happen, so you need to protect yourself and your company, and having a witness is one of the best ways to do so. Once you have notified the employee that you want to have a meeting with them in your office or conference room, they will likely have an idea something is going on. There is no exact science to what you should say when terminating employees. In some cases, employers will want to encourage the employee by telling them what their strengths are. In others, you may simply explain to them the reason for the termination and end the conversation there. It all comes down to what your working relationship was like. Regardless, just be direct, professional, and honest. Tell them exactly what you want to discuss, whether it is their performance, a broken policy, or a behavior problem. Explain what the team member did, whether it has been over time or a one-time occurrence, and that the team has decided to let them go. When you tell them, give the employee a moment of time to absorb the news. The bottom line is, you should make sure you are prepared for anything when you go to fire an employee. The employee may take the news well and thank you for all the company has done for them if there is a mutual respect. However, not all employees will take kindly to the news. It is common for an employee to get emotional, whether that is sad, shocked, anxious, or angry. While the employee’s behaviors are their responsibility, it is important for employers to show a level of empathy and compassion toward the terminated employee. After the termination meeting, you will need to notify other employees about the termination, so they know how this change will impact them. Inevitably, some workers may feel a sense of loss or disappointment over the termination. Some employees will wonder am I next? or how will this impact my workload? Both are fair questions and should be addressed head on before any rumors get started. Be direct with your team about the expectations you have for them on how they handle their team mate leaving. Maybe you encourage them not to speak poorly of the person or spend working hours discussing it. Or maybe it is best for your culture to have an open-ended conversation about it. Whatever the case may be, it is always best to be open and honest about how you’d like it to be handled. Also note that if you are not planning to fire anyone else, tell your employees. If you need team members to temporarily takeover the responsibilities of the terminated employee, clearly communicate your expectations. Answer questions openly and honestly to prevent unnecessary drama and ease their minds. It can be difficult to navigate work life immediately following a firing, but things will go back to business as usual fairly quickly. To learn more about employment and labor law, check out our guide to How To Sue For Wrongful Termination.

How To Find Out If Someone Is Married

Knowing how to find out if someone is married can save time, money, and heartache. This information is crucial for single people who are dating but can also be useful for things like locating people, filing personal lawsuits, or collecting on a debt. Whatever the reason why this information is needed, there are several different methods that can be employed. To anyone suspecting that a person is not being forthright about their marital status, it seems a straightforward solution to simply check with a local agency to find out if a marriage license exists. This solution isn’t always cut and dry, though. For example, what if the person was married in another state? How does one obtain information if the person was married in another country? Also, in some jurisdictions, a person must know both spouse’s names in order to access a record of marriage.  Complicating matters even further, states like California and Michigan allow marriage records to be shielded from the public through what’s known as “confidential” or “secret” marriages. This means that, without a judge’s intervention, a couple’s marriage license and certificate will not even appear to exist. Short of obtaining a court order, no amount of research or investigation can help with discovering these types of marriages. For filings that aren’t top-secret, here’s how to find out if someone is married: Perhaps the easiest way to find out if someone is married is to hire an investigator who specializes in this type of research. Often, an experienced professional will have access to methods and databases that the average person may not. While there is no guarantee that this method will uncover the full truth, a well-trained and qualified expert will likely perform the best and most thorough investigation to try to find out if someone is married. A lot of information is available through public records and many of these records are accessible online. While a fee may be required, it is possible to find what you’re looking for through a good old-fashioned Internet search. Even if an official marriage record can’t be found, it may be possible to find useful clues like: There is a myriad of ways to find information on a person through online searches. While the Internet isn’t a surefire method of finding out if someone is married, it is a good place to begin researching. Even if a clear cut answer isn’t discovered, it is likely that some of the information found online, such as a possible spouse’s full name, can be useful to a more in-depth search. Depending on the jurisdiction and dates of marriage, some information may not be accessed digitally. In such cases, a trip to a local court or clerk’s office may be required. This method only helps, however, when the county where a person was married is known and all of the information that the office requires is available in order to perform a full marriage search. Word of mouth can be a good way to learn about someone’s personal life. A person’s co-workers, friends, family members, and others may inadvertently give information about their marital status. If you happen to socialize with anyone close to your subject, listen for clues indicating the presence of a spouse and ask questions as they may naturally arise.  People will often tell partial truths. For example, a person in a dating relationship may admit to being previously married. What some may purposely omit, however, is that they were never granted a divorce decree. Reasons for this may vary, but one reason that cannot be ignored is that they are still very much involved in a marital relationship with their spouse. Some who are anxious to start a new relationship may admit to being married, but will say they are separated or very close to finalizing a divorce. There are women and men who are satisfied with this explanation and who will proceed with a relationship despite the loose ends involved. For others, actual proof is needed. In these cases, it is a good idea to outright ask to see the paperwork. Though this method is no guarantee that a person will actually become single, it is one way of determining if a separation is actually legal or if a divorce has actually been filed.  Be aware that this method may lead to more questions, however. For example, has the other spouse been informed of a divorce filing? Though rare, there have been cases where people file a divorce petition and even complete the entire legal process without their spouse even knowing a divorce decree has been granted. Such involves forgery and a lot of lies, but it happens.  Many prefer to simply take a dating partner’s word about their marital status. Such is a fair choice where an open and honest conversation may be all it takes to determine whether or not someone is married. Others, however, may choose to dig a little deeper to find satisfactory evidence. This approach is also understandable since not everyone’s word can be trusted. Moral standards and values aside, there are a number of reasons one may want to be absolutely certain about a person’s marital status. A few reasons include: Avoiding immigration fraud – It is not uncommon for a foreign-born person to marry a native-born person in an effort to gain citizenship. Unfortunately, some native citizens have discovered their new spouse is already married to someone else in her or his home country. When this happens, the native-born person may be asked to prove that they didn’t know about the previous marriage. If unable to do so, legal punishments relating to bigamy, including fines and jail time, may ensue. Avoiding financial ruin – Some scammers specialize in marrying for profit. Many will temporarily settle in various locations for the sole purpose of finding a new victim to marry, gain access to credit and banking accounts, and proceed to take financial advantage of a person before moving on to another victim.  Not conceiving a child with an untrustworthy person – Mistakenly dating someone else’s spouse can potentially doom a new relationship. Starting a family with an already married person can also create a host of even more complicated feelings and situations. This is precisely what happened to Mischele Lewis of New Jersey who married a man already married to someone else. Her “husband”, William Allen Jordan, had several aliases and had already served time for bigamy and other crimes in the past. Ms. Lewis, of course, knew nothing of his previous lives, including as many as 13 children by six other women who’d been duped by him. Upon learning she’d been taken in by a con man, Lewis was already pregnant herself.  If you suspect a person isn’t being one-hundred percent honest with you, you’re probably right. Paying attention to your suspicions may be the best source of protection you have against being bamboozled by a cheater. If things a person says or does makes you distrust them, you owe it to yourself to trust yourself! In doing so, you may want to hold off becoming too deeply involved with this person. At the very least, it’s a good idea to keep your credit and finances separate, maintain a separate residence from them, not agree to become engaged or married, and not agree to start a family with this person until you’ve waged a full and thorough investigation. Since there is no one to find out if someone is married, it is likely that several of these methods will have to be employed before the truth can be determined. Through investigation, common sense, and paying close attention to details, there is a good chance that an ordinary person can figure out if someone is married. For those dating a person they thought was single, discovering a lie may be hard to bear, but doing so is important for legal protection, as well as for one’s own financial and emotional well-being. For more information on how to find out if someone is married, background checks, and other useful legal articles, please visit our archives.

How To Find Out Who Owns A Property

There are many reasons someone may be curious about who owns a property. Maybe you have spotted a home that you would love to purchase, so you want to reach out to the current owner to see if they are open to selling it. Or, maybe you are looking to open a business and need a space to rent; you’ll need to know who the property owner is in order to share your interest in opening up a shop in their building. In other situations, there is no building being scouted – finding the property owner is all about the land. A city representative may be interested in building a commercial facility in a rural area, or a developer may have their sights set on an up-and-coming area. In either case, finding the owner of the property is necessary. In this article, we will discuss how to find out who owns a property in a residential area, as well as how to find a commercial property owner. Regardless of why you are searching, finding a property owner has never been easier. There are resources online that house public records and databases with all of the information you are looking for. From tax records to your county’s Assessor’s Office and the Registry of Deeds, you will have no problem hunting down the name of the person who owns the property you are interested in. The following section will focus primarily on how to find out who owns a residential property with the help of online records. There is a County Assessor in every county who is in charge of determining the market value of the properties in their jurisdiction. The County Assessor’s Office typically has a website feature that allows anyone to search for tax records and property information, as long as you have the address of the property. Typically, you will want to look for the Property Record Card Search if you have a property address or parcel number. You can also use the Public Access Tax Information research feature for the property if you have a: If you are unable to find these features, simply type your county + “Assessor’s Office property search” into your search engine. Keep in mind, the County Assessor is also called the County’s Property Appraiser in some areas. Searching the Registry of Deeds is a similar process to looking up tax records to find a property owner on the Assessor’s Office website. Simply look for the feature that says “property search” and enter the address of the property. The latest deed will tell you who owns the house now, and who owned it prior to the current owner. In addition to searching public records from the Assessor’s Office and Registry of Deeds, there are multiple online databases you can use to find out who owns a property. Simply do a Google search with “property owner records.” Some of these resources include Reonomy, NETR Online, and Property Shark. All you need is the address of the property, and you can usually find out basic information about the current owner. Keep in mind, some of these websites may charge a fee to search through their database. If you are unable to find out who owns a property with the resources mentioned above, there are a few more old-school methods you can try. If you know the address of the property, you can always send them a letter or postcard in the mail. It is best to address the letter to them, rather than slipping it in their mailbox to ensure it lands in the right hands and is taken seriously. Simply introduce yourself and explain to the property owner why you are interested in knowing more about the building or plot of land. Leave your contact information (email and phone number) so they have a way of replying if they are interested in keeping the conversation going. Another way to find out who owns a property is by asking neighbors. This typically works best if you already know someone who lives by and would likely have a connection with the property owner. You can keep the conversation casual at first, but be sure to ask the neighbor to formally introduce you. If you are still not able to find the property owner with the aforementioned resources, you might consider hiring a private investigator (PI) if obtaining answers is extremely important to you. Private investigators often have an expensive hourly rate, so this method is much more expensive than doing a simple online search. However, you will be able to find out much more information with the assistance of a PI. What is PUBLIC PROPERTY? If you are looking to find out who owns a property, the first step is to obtain the address. However, there are situations where finding an address is not possible. In this case, you should use something called a parcel number to find the property owner. Both an address and a parcel number are kept on file by the Assessor’s Office for all properties. These identifiers are used to look up information about a property like property lines, property tax, and deeds. So, how do you find a property’s parcel number? The Assessor’s Office has Parcel Maps that map out every lot in a city or township. You can usually view these maps online on the Assessor’s Office website. If you know the specific neighborhood or road the property is on, you should be able to find it on the map. Parcel numbers can be formatted differently in different jurisdictions, so be sure to ask the Assessor’s Office how to read the parcel map if you are confused. The most common reason people will look for a property owner is to find out more information about a residential space or lot. However, there are reasons you might want to search for the owner of a commercial property, too. For instance, commercial real estate agents are always on the lookout for commercial properties to show their clients. They need to have a constant stream of available spaces that are ready to be leased or bought out. So, if there’s a property the realtor is interested in showing a client but it isn’t on the market, they may have to do some digging to see if the property owner is willing to sell or rent their space. Once you discover who owns a building or space, be sure to keep track of property owners in a database for future reference. Business owners may also want to find property owners if they are looking for a home for their business. Or, maybe they are curious about the cost to rent or buy in a certain area and want to chat with a nearby property owner to get a better idea of the price. Whatever the reason is for finding a property owner, you can do so by following the same steps mentioned above. Reach out to the Assessor’s Office, look through an online database, or simply visit send a message to the business if they are still open. To learn more about property law, check out How To Locate My Property Lines.

How To Find Out If Someone Died

Knowing how to find out if someone died may come in handy someday. Certainly, asking a person’s closest relatives is the most tried and true method. Doing so can also be one of the most awkward ways of discovering the truth. There are other ways to find out if someone died which may be preferred by those who don’t want to outright ask others. Some of these ways include online research, checking government records, searching genealogy databases, and scouring newspapers in the person’s hometown. In some cases, a combination of these methods may be used to find out if someone died. Before trying to determine whether or not someone has died, a little background information will be necessary. This includes: The person’s full name – This should include any aliases a person may have used, as well as their name given at birth and any names acquired through marriage. Knowing the exact spelling of the person’s name is helpful, but be prepared to research alternate spellings, too. This would include nicknames and shortened names a person may have commonly used. Finding out the person’s full legal name may also be of assistance as many people who have middle names may also use them in place of a first name. For example, Jane Monique Doe may be known to some simply as Monique Doe. The person’s date of birth – Cross-referencing a person’s name with their exact date of birth may be necessary to determine whether or not information on the right person has been discovered. While several people may have the same name, the chances of more than one person also having the same date of birth is less common and may tremendously narrow search results. This is particularly important if multiple people in the same family have the same name. The person’s last known location – A general sense of the last state, city or town the person lived in will help in knowing where to search for information. If the person was known to move around a lot for work or other reasons, it may be difficult to know exactly where their most recent location was. Having this information, however, is important for anyone looking for the most accurate results. How to Transfer a Car Title When The Owner Is Deceased Flat out asking a person’s family members and others close to a person is the most direct, surefire way of finding out if someone died. A word of caution with this approach, however, is that it may stir up sad or other negative emotions. Using this approach requires a certain amount of tact and sensitivity. It also requires taking an assessment of one’s own relationship to the person who is possibly deceased. For example, if the person asking is a former friend, the question as to whether or not a person is still alive may be met with compassion if they are not. Conversely, if the person was not on good terms with a person who is now deceased, a range of other emotions may be triggered by questions about whether or not a person has died. Without directly asking a person’s loved ones, there are other ways to find out if someone died. Some of these methods include: A vital records search – Armed with information about a person’s last known residence, it is possible to check with local governing agencies to determine whether a death certificate has been filed for a person. Typically, records like this are kept at a local courthouse or clerk’s office. In some areas, this information may be accessible to the public online for a fee. Searching genealogical records – Increasingly more people are interested in learning about their forebears. This information is often achieved through genealogical research, much of which is published digitally through membership websites dedicated to family research. In some cities, public library cardholders can access this information at local libraries. For people who worked in the United States, the Social Security Death Index may have a record of their demise. Other corporate-owned and operated databases may also be useful. However the information is accessed, many people have found birth and death information by using this valuable method. Visit Relevant Websites – Knowing where a person worked, where they attended school, what charitable organizations they were affiliated with, or even which church they attended can be quite useful when trying to find out if someone died. Often, these organizations will publish information about a person’s passing directly on their website or in a newsletter distributed to other members. When using this method, including websites that may be relevant to people close to them. For example, an association close to the parent or a spouse of the person being investigated may also publish condolences. Reading social media posts – Friends and family members often post information about a loved one’s death on social media sites. Sometimes, knowing the name of just a single friend or family member may be all that is needed to connect to a larger network of people who know the person being investigated. Searching for an obituary – Websites like Legacy.com specialize in publishing obituaries online. By inputting a person’s full name while searching by state and city, it may be possible to find out if someone died.  Searching For a Burial Site – In addition to being able to search for obituaries online, people can also search for where a person’s body is buried. A search like this isn’t the greatest for uncovering information about a person recently deceased, as most entries are user-submitted and may take some time to make their way to a particular database. For those who may have passed away many months or years prior to a search, however, this type of search may prove to be invaluable. Checking local newspapers – Obituaries are not only published online. Many are still published in local newspapers. Death notices are also routinely published in local press outlets, as are funeral announcements. When using this research method, do note that online and print editions may differ, so it is always a good idea to check both mediums.  Most people prefer to do their own sleuthing to find out if someone died. For others, time may be of the essence or other matters may be too pressing to rely on the methods already discussed. In these cases, it may be a good idea to hire a special investigator. Often, professionals have access to people and databases the general public simply does not. While there is a higher cost associated with hiring someone to perform this task, many professional investigators don’t need more than a couple of days –or even a couple of hours –to uncover the information being sought.    A location-based search is a little different if it is suspected a person died in another country. For one, depending on the country, that information may not be available to the public, it may not be available online, or even easily researched in-person. If the person believed to be deceased was a citizen of the United States, there is a possibility that information may be available through the National Archives. If the person was an active member of the United States military, that information may not be available through the National Archives. Instead, people inquiring about active military deaths may want to check with the U.S. Department of Defense.  In a quest to find out if someone died, many tools are available and the final answer may rely on combining more than one of them. Most of the ideas presented in this article will only give general information and are unlikely to reveal details on how a person died (if it is the case that they’ve already passed on). Some, such as church and newspaper announcements, however, may supply information about a person’s exact cause of death. By using every available resource, it is possible to find out if someone died. Patience, a keen eye for detail, and time are most necessary in any investigative process and the same is true in determining whether a person is alive or not. For more information on how to find out if someone died, or on how to locate a missing person, as well as other related topics, please visit our article archives. Where life was once simple, it is now complex.  It is an unfortunate condition of our world in that some people will take every advantage, legal and illegal, to make their lives easier and better at the cost of destroying or using someone else’s life to do so.  It has become an everyday, common situation where everyone must take extraordinary steps to keep one’s self, family, and work safe.  People will use a dead person’s social security number to gain government benefits or more if possible.  Each individual needs to be aware of the threat and at times take necessary precautions or legal actions.  One of the ways to do this is to check if a social security number used is real or a dead person’s number.  Apparently the Social Security Administration does not or cannot correlate the fact that a dead person’s number is being used, even if the number is queried. Searching for a death record in the Social Security Administration database (SSDMF) is not free.  Most queries are by entities that want to insure that a social security number being used is not being used fraudulently, belonging to a person who has deceased.  As of October 15, 2012, the prices, or subscriptions for queries are as follows: 1 query            $10      $10 per query 5 queries          $40      $8 per query 25 queries        $150    $6 per query 50 queries        $200    $4 per query 100 queries      $300    $3 per query While there are other databases available online that one can search and possibly pay less, the Social Security Administration (SSA) only endorses its own database as being correct and up to date. As with any search the more information one has to provide, the better and more precise will the search be.  Social security number with full name including middle initial, full address, even residential phone number will all help in finding and confirming the stored information.  As with any search of this type, confirm as much of the returned info against others sources, hopefully not sources that are online.  One example would be if the user of the number were of one race and the info from the database returns the fact that the stated ethnic background of the filer was of a definite other race, it would potentially lead to other concerns and additional questions. One drawback of this “Death Master” file is that it can only tell an inquirer that a person with a specific social security number is listed as dead in this master file.  If there is no record of the person sought it is not a specific indication that the person being sought is actually alive.  At that point some correlation of information from a number of different databases would be necessary to try and draw a definitive conclusion.  If one person is using another’s identity and does not use credit cards or bank accounts or use one’s social security number, it is almost impossible to track such a person in this day and age of electronics.  Information is only as good as the data available.

What Does Disposed Mean In A Court Case?

When a case has been disposed, this means it has been closed. Specific reasons for a case being closed can include dismissal, conviction, admission of guilt, among other reasons. Once a case is officially over, it is removed from the court’s docket. This simply means there are no further dates for that matter scheduled on the court’s calendar. As a legal term, disposed cases can include any type of case ranging from small claims to more felony charges. While any party involved in a case may ask for it to be disposed, only a magistrate can decide if it will be and when. Parties to a case will be made aware through court documents and legal counselors as to whether a case has been disposed and why. This information is also easy to obtain by visiting a clerk’s office and reviewing the files relating to the case. There are a number of reasons why a court proceeding can be disposed, such as: When a court case is dismissed with prejudice it will not be reopened or retried. This means that a judge has decided, based on the merits of a case, it will not be examined by the court any further or ever again. Cases dismissed without prejudice may be reopened or new charges may be filed on the same grounds. It is common for cases to be disposed due to a lack of evidence, but a dismissal without prejudice means a judge provides an opportunity for the reexamination of a case in the event stronger evidence can be presented in the future. How much time is allowed for a case to be reopened may vary. It is best to consult an attorney if more specific information is needed. Cases may be reopened for other reasons, such as a party not paying as ordered in a prior ruling. Once a court has awarded a judgment in a case, it is disposed. No further court hearings are needed unless the losing party appeals the judgment. If the case is not appealed, all parties are expected to abide by the judgment in place. Should a party decide not to pay the judgment within the allotted time, the case may be reopened to bring it to the judge’s attention. Cases in which all parties are abiding by the judgment in place do not appear on the court’s docket again. Court cases are sometimes disposed due to a defendant pleading guilty. When this happens, there is no need to explore further evidence or hear additional testimony. Depending upon the type of case, a punishment will typically be in the form of financial compensation ordered to be paid to an injured party (known as a judgment.) There may be other fines, jail time, or probation. Cases disposed due to guilty pleas are subsequently removed from a court’s docket and no further hearings will be scheduled. A guilty verdict is handed down by a judge or a jury after evidence and testimony have been weighed during a trial. In both cases, evidence has been presented and all parties have been allowed the opportunity to give their version of events. Once a guilty verdict is reached, sentencing takes place and a case is disposed. After the evidence of a case has been weighed, a judge or a jury has decided a defendant is not guilty of the charges brought against them. Once this verdict is entered into the record, the case is disposed, and no further proceedings will take place. Other possible reasons for a case being disposed may include: A case that have been disposed will no longer be heard by a magistrate in the court where the case was originally filed. This does not necessarily mean that the case cannot be reopened, especially if new evidence is ever discovered. When cases have been dismissed due to lack of jurisdiction, it is common for new cases to be filed in another court. Much depends on how a case was disposed and the exact reasons why. The Fifth Amendment of the United States Constitution, however, ensures that a person cannot be tried twice for the same offense. So, when a case has been disposed after a trial has taken place and a verdict rendered, the exact same case cannot be reopened, or the same charges filed a second time. After a case has been disposed, a record of its proceedings still exists. In criminal cases, a defendant who was found guilty will always have a criminal record even after being sentenced and serving jail time. This fact can make it difficult for convicted felons to find suitable employment or an affordable place to live. Some may attempt to have a criminal record expunged or sealed after a case has been disposed. In some disposed cases, it may even be possible to have a felony conviction reduced to a misdemeanor. People convicted of a felony might be able to have their cases dismissed even after they’ve been disposed. This process is called expungement. Doing so typically requires an attorney’s assistance and can take time to accomplish, but it is possible. If an expungement is granted, a former felon generally does not have to disclose their conviction to the public, including most potential employers or landlords. In cases when a record cannot be expunged, some may be successful in having their conviction sealed. When this happens, it means that information about the crime and conviction is not accessible to the general public. Those who can’t get a record expunged or sealed can might be able to have a felony reduced to a misdemeanor. The ability to do so depends on the crime a person has been convicted of and the jurisdiction where the case against them was decided. This only happens with crimes known as ‘wobblers.’ Wobblers means they could have been charged with a misdemeanor or felony, but ultimately got charged with a felony. In general, “disposed” can be summed up as “case closed.” Whether the matter will be revisited depends largely on how it was closed and why. One can never assume that the disposition of a case means it is over for good – legal battles are not always so cut and dry. Through the appeals process, the introduction of new evidence, a party not cooperating with a judgment, or by possibly reopening a case in another court, it is entirely possible for disposed cases to require legal attention in the future. Gaining an understanding of legal parlance is critical when involved in a personal case. Reading detailed definitions of legal jargon, key terms, and concepts is an important first step. Should you need more information on why cases may be disposed, please check out our article archives. There you will find more detailed information on a variety of topics that may apply to you. If you need even more information or have specific questions about a legal case you are involved in, please consult with your legal counsel or speak to a qualified attorney in your area.

Squatter’s Rights & Adverse Possession: What You Need To Know

“Squatter’s rights” is a term used to describe the rights of people who have taken physical possession of a property they do not own. These same people, known as squatters, do not have the express permission of the property’s owner(s), but may still be awarded benefits under the law. Individuals who squat on property that is not theirs may eventually be allowed to make a legal claim on that property. Squatter’s rights covers a variety of different scenarios. Precise legal benefits and claims will differ according to the state where a property is located.   To settle on land without an owner’s permission has been known as squatting since the 1700s. Since the 1800s, it has been used to describe otherwise homeless people who squat in vacant structures. In many instances, squatting has become a way of acquiring legal title to land and buildings long considered to be abandoned. Today, the legal term for taking ownership by squatting is known as “adverse possession.”   At first glance, squatting on someone else’s real estate in an attempting to gain ownership sounds like outright theft or, at the very least, criminal trespassing. Courts, however, take this matter seriously and deem it to be perfectly legal under certain circumstances. Whenever a squatter makes a claim on a building or land, the courts will look for several identifying markers before determining if a claim is legitimate. A mnemonic useful in remembering these markers is CHOATE as each letter describes a way courts may determine a squatter’s rights to the real estate in question: It is worth noting that states have different timelines for a squatter seeking adverse possession. For example, in California a person must have continuously possessed a property and paid taxes on it for a period of five years before a claim to the property can be made. In Idaho, the considerable time frame is 20 years and taxes must also have been paid within that time. Courts do not always require one person to continuously possess a property either. In some instances, people may take turns possessing the property as long as they agree with one another that only one person will make the claim when the time to do so is allowed. This process is called tacking and courts generally recognize it as legal. When a court finds all these markers to be in place a deed to the property may be granted via adverse possession.   Yes, a property owner can protect against squatters in a number of ways. These include: The owners of unused property should secure that property against possible squatters. This is particularly sound advice for those who do not live in the same state as their property and who don’t have a relationship with people who may notify them of a possible squatter. Websites, articles, and forums that teach squatting explain that laws relating to adverse possession abound. It behooves property owners everywhere to be aware of this and secure unoccupied properties just in case.   Not all cases of squatter’s rights involve people trying to take control of an entire property. Oftentimes courts will have to sort disagreements over property lines which are not clear to the naked eye. Some may not realize that a neighbor’s driveway, fencing, or other structure has crossed property lines – though neighbors who have known one another for years may not care. Problems arise when a new owner purchases a properties and realizes that their neighbor has crossed a boundary and is possessing a portion of their property. Sometimes this will result in the tearing down of structures found to be encroaching on another’s property. In many cases, however, property lines are redrawn to reflect a new understanding of land boundaries between both owners.   Not all squatters are scam artists, but most are. Some simply see an opportunity in abandoned homes and, in many instances, take care of properties that would otherwise deteriorate and become eyesores. However, property owners should be aware of a common scam used by squatters who are not necessarily focused on taking ownership of a property. But they take up residence in vacant homes just the same. By doing so, owners are forced to legally evict these surprise tenants – a process that can take months. Basically, the scam starts with a person breaking into a vacant home, changing the existing door locks and then advertising the home for rent. Upon finding a renter, a scam artist drafts a phony rental agreement and gives the new tenant keys to a home they are now free to move into. Once the owner discovers a tenant on the premises, a legal eviction must take place before the tenant can be lawfully removed from the dwelling. Often, the scam artist and the tenant are in cahoots with one another, but this isn’t always the case. Opportunistic scammers will prey on innocent renters and take large sums of money from them in exchange for keys to a home they technically don’t have the legal right to rent. After doling cash out for a new rental – and the expenses associated with moving – scammed tenants may suffer considerable financial hardship after being evicted and forced to move again.   Should you want to read more about squatter’s rights or adverse possession, please visit our article archives. Contact a qualified attorney experienced squatter’s rights and similar civil cases if you have specific questions about squatting or about acquiring property through adverse possession. To find an affordable attorney in your area, you are welcome to use our directory of low-cost legal services now. Should you want to read more about squatter’s rights or adverse possession, please visit our article archives. Contact a qualified attorney experienced squatter’s rights and similar civil cases if you have specific questions about squatting or about acquiring property through adverse possession. To find an affordable attorney in your area, you are welcome to use our directory of low-cost legal services now.

The Difference Between Sexual Battery, Sexual Assault, & Rape

Sexual battery is non-consensual (IE: unwanted) contact with intimate parts of another person’s body. “Intimate parts” is a term that can mean a person’s genitals, anus, buttocks, or groin. If the person is a woman, the term can also include breasts. Sexual battery is always a crime. Depending upon the circumstances of a case, this crime is either a misdemeanor or a felony and may be punishable by jail time, a monetary fine, probation, or all the above. Laws pertaining to sexual crimes vary based on the state they were committed in. While the basic definition is the same, penalties and punishments differ. A victim’s age and the type of unwanted sexual contact may also have a bearing on a perpetrator’s sentencing if guilty verdict is rendered. Due to the nature of sexual crimes, additional charges like sexual assault and rape may be added to sexual battery. Each of these, by definition, can occur within the same incident – and often do. The similarities in these charges may cause some to become confused as to what the differences are. Some people may not even be aware that there is a difference between these crimes. It bears repeating here that state laws differ, but the following is a basic explanation of these three sexually-related crimes:   A sexual battery victim may have been fully clothed or naked at the time of the incident. What they were wearing – or not wearing – has no bearing on if a crime took place. Anytime a person is touched on an intimate body part in a sexual way, and the touching is not wanted, this is considered by law to be sexual battery. In some states, restraining a victim may also be included in the description of sexual battery.   Sexual assault can describe any number of sexual crimes ranging from unwanted groping to rape. Used as an umbrella term for these incidents, sexual assault is often used interchangeably with sexual battery. The two differ primarily in that sexual battery is a more specific charge.   Forcible rape is defined by the Uniform Crime Report as “The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”   Historically, sexually-related charges were difficult to successfully prosecute in court due to antiquated and misinformed definitions. For example, prior to 2012, many courts took the position that only women could be raped. Some courts also operated under the opinion that forcible oral penetration or forcible penetration with a physical object did not constitute rape. In recent decades, many states have also abandoned the idea of “marital exemption” and have adopted, instead, the position that a spouse may also be accused and found guilty of the sexual assault or rape of their partner. Prior to 2012, many limited ideas about rape hadn’t been legally adjusted since 1927. Today, a lot more is understood about the nature of rape, sexual battery, and sexual assault.   Sexual battery, sexual assault, and rape can happen to anyone regardless of age or gender. With consent being a determining factor in most cases of adult victims, even sex workers may be victimized by these crimes if consent is not present. People of any age or gender may also be accused of such crimes. Children as young as six years old have been accused of sexual assault and, while most think of a perpetrator as being male, it should be noted that scores of women have also been accused of sexual crimes. In California, it is estimated that as many as one-third of all sexual assault victims are male.   Often, the touching involved in a sexual battery incident is done in a sexual way. This simply means the accused touched a person in a way that aroused the perpetrator or that the touching took place as the perpetrator was seeking some sort of sexual gratification from the act. Sometimes this may even include violent and other forms of sexual abuse, which may have been initiated by a perpetrator solely for that person’s arousal or search for sexual gratification.   It should be noted that consent always matters when it comes to accusations of sexual battery. The mere act of touching another person’s intimate areas is not a crime unless the person being touched does not want it to take place. Even if the person does not seem to resist the touching or does not verbalize the fact they do not want to be touched, express consent has not been given and the touching may still legally qualify as sexual battery. A person drunk from consuming alcohol or high on some substance cannot, by law, consent to a sexual act. Also, people who are permanently or even temporarily incapacitated cannot consent to any form of sexual contact.   Children can never consent to sexual contact of any sort, even if that contact is initiated by another child. Courts throughout the United States will not even question whether consent was obtained in cases involving children under a certain age. The exact age of consent varies by state, but it always pertains to teenagers. However, matters of consent for minors is only taken into consideration in statutory rape cases and when seeking to apply some form of a Romeo and Juliet law after a person has been charged.   In Florida, incidents that would be described elsewhere as rape or sexual assault are charged as sexual battery. Persons found guilty of sexual battery can receive a penalty of up to 30 years to life in prison. If the victim was a child under the age of 12 and the perpetrator was over the age of 18, this can lead to a capital sexual battery conviction and may be punishable by death. In California, felony sexual battery can lead to a conviction of up to 4 years in prison and a maximum fine of $10,000. As these two states make clear, there is no single punishment for sexual battery which is applied nationwide. Just as with most laws, states decide how to classify, prosecute, and punish sexually-related crimes.   Some sexual battery crimes are not a felony. For example, in California, depending on the circumstances involved, an incident of sexual battery may only qualify as a misdemeanor. A person convicted of such a crime in that state may still face a punishment of several months in jail, as well as a fine up to the amount of $2,000. To find out if sexual battery is a felony in a state, please contact an attorney or your local courts.   With good legal representation, it is possible to avoid a sexual battery conviction. Some of the more successful defenses require proof of: It is not uncommon for someone truly innocent of sexual battery to have charges dropped or reduced depending upon the circumstances of an individual case.   Laws concerning statutes of limitations may vary according to jurisdiction. In some states, the statute of limitations may be up to 10 years. In others, like California, a statute of limitations may not exist for sexually-related crimes occurring after January 1, 2017.   Sexual battery, sexual assault, and rape are serious, yet largely under-reported crimes. Anyone victimized by such a crime is advised to immediately make local law enforcement aware of the incident and take proper legal action to identify and charge the person responsible. People who have been accused of sexual battery should also immediately seek legal counsel from a reputable attorney experienced in defending individuals charged with sexual crimes. For more information on sexual battery and other sex crimes, please visit our article archives.

What Is the Difference Between an Indictment and a Charge?

An indictment is an early step in the process of charging someone for a crime. It does not mean the person is guilty, simply that the prosecutor thinks they are. To more clearly understand what an indictment is, it is necessary to also understand what a grand jury is and how the criminal process charge works. A grand jury is 16 to 23 impartial citizens that are selected to independently review the criminal incidents. Grand juries meet in private to investigate and conclude if formal charges should be filed against a person. If they believe that a criminal prosecution should ensue, an indictment is then issued. For an indictment to be issued, a prosecutor must convince at least 12 members of a grand jury that formal charges are warranted. It should be noted that during this review, the accused and their counsel are not generally present. Grand jury members are not required to examine anything other than what the prosecutor presents to them. Instead, members conduct their own investigations using their own methods without outside interference or court supervision. Grand juries should be viewed entirely separate from any governmental agency. An indictment and a charge are both steps used to move a criminal case toward a trial. The main difference is grand juries file indictments and prosecutors file charges. During a grand jury’s investigation, a prosecutor must persuade members of the jury that a crime has been committed before they can agree that formal charges should be filed. Once a person has been officially charged with a crime, it is at that point that a public trial may then be held. While an accused person can be present during a grand jury’s meeting, most take place in a private setting with only the prosecutor, members of the grand jury, any witnesses the prosecution wants to present to the grand jury, and official personnel needed for record-keeping and security. In contrast, a person who has been formally charged must be present in court during the trial along with defense counsel, a prosecutor, a judge, witnesses, a jury of peers, a stenographer, and others needed to ensure a fair trial in most cases. Generally speaking, an indictment, also known as a “true bill” may be viewed as a formal accusation undergoing an official investigation before moving forward with charges. An indictment may or may not result in court charges. A charge, on the other hand, means that grand jury members have decided formal prosecution should take place.   With few exceptions, anyone can be indicted by a grand jury. Though not all states require an indictment for a person to be charged with a crime. Of those that do, indictments are reserved for felonies. The Fifth Amendment to the United States Constitution states that crimes punishable by death or long imprisonment require an indictment before a charge is filed. The United States Supreme Court, however, has interpreted that clause to be applicable only to federal crimes and that states do not have to adhere unless they choose to. Laws concerning indictments apply exclusively to civilians in the United States. Members of the armed forces can be tried by court-martial without an indictment and without being tried by a jury of their peers. While most states don’t require an indictment before charging a person of a crime, federal crimes may be handled differently. For federal indictments, an Assistant United States Attorney (AUSA) will review the merits of a case and question federal investigators to determine whether charges should be filed. When evidence is lacking and further investigation cannot help the AUSA make an informed decision, a grand jury may be relied upon. Federal indictments only pertain to felony-level crimes, federal misdemeanors do not require an indictment before charges can be filed. Grand jury proceedings are shielded from the public. Individual members are not allowed to share any information with anyone who is not on a grand jury. Attorneys, witnesses, and all others are also asked to leave the room as jurors are deliberating in order to protect the privacy of the grand jury’s deliberations. Proceedings can take anywhere from a month to a year and operate mostly in secrecy. Often, it is only after an indictment has been made that the accused knows they have been indicted and are facing criminal charges. If an indictment has been issued, the accused usually finds out upon being arrested after court charges have been filed and a warrant issued. Others seeking information about a true bill can find out by:   Everything that happens during a grand jury’s proceedings is kept in secrecy. An actual indictment, however, may or may not be sealed or kept away from the public. Often, when an indictment is sealed, it is done so for a predetermined time. Reasons, why an indictment may be sealed, include: If an indictment has been sealed, no information hinting as to its existence will be shared with the accused, attorneys, or the general public. An indictment does not mean a person is going to jail. It simply means that the prosecution may proceed with filing criminal charges. At that point, a court trial will be scheduled to begin and the process of trying the case before a judge and jury will commence. With or without an indictment, a person is always innocent until proven guilty in a court of law. An indictment can be dismissed, but it is very rare that a prosecutor will do so after a grand jury has issued one. Typically, indicted parties must still appear in court to face the criminal charges before the charges are dismissed. More common are grand jury dismissals, which can take place at any point in the proceedings before an indictment is issued. When a grand jury enters a dismissal instead of an indictment, this is called a “no-bill.” Grand jury dismissals can happen for any number of reasons, including: Understanding the indictment process can help a person better understand how the criminal justice system operates, in general. Our article archives may be able to help answer any further questions about this process, as well as clarify some of the legal terms commonly encountered when exploring this topic. Anyone who believes they may be indicted for a crime or who has already been indicted should contact a qualified attorney right away. While a court-appointed attorney will be provided to those who cannot afford counsel, this only happens after a person has been formally charged with a crime. We offer a state-by-state list of low-cost legal service providers on our site who may be able to answer questions and provide guidance before an indictment happens.

Difference Between Capital Murder and First Degree Murder

First degree murder and capital murder are commonly confused, most likely because they’re so similar. The main difference between first degree and capital is the punishment that someone who’s committed these crimes receives. A person is charged with first degree murder if it’s suspected they took time to think about killing another person before killing them. This premeditation differs from other murder charges where a person may have killed someone by accident or in a rage. In either case, planning was not a factor. Individuals convicted of first degree receive multiple years in prison — some get life sentences — often without the possibility of parole. There are times when a defendant may not plan to kill but receive a first degree charge. This charge can happen when someone dies as a result of a felony. Typical examples include carjackings, bank robberies, and arson. Known as the “felony murder rule,” accomplices may be charged with first degree in any of the states where this rule applies. Felony murder is considered a first degree murder (and sometimes a capital murder.) One example is Ryan Holle. Even though Holle was not at the scene of the crime — or awake when it happened — Holle is serving 25 years in prison. On the night of the crime, Holle handed his car keys to a group of friends who were going to rob a house, knowing why they were going to use his car. Unfortunately, a young woman died during the robbery. Florida prosecutors argued that, while Holle didn’t know a murder would occur, he did know his friends were planning to rob the home. Since a resident of the house was killed in the process, he was just as guilty as those at the scene of the crime. While the exact phrase “felony murder” may not appear in state legal codes, these types of charges are clearly defined under the circumstances of first degree where this doctrine exists. State laws on how felony murder may be used to charge individuals vary. California, for example, recently changed to a more specific set of circumstances. Before the change, anyone involved in a felony resulting in death could be charged with first degree regardless of intent or knowledge of a victim’s death. Under new guidelines, a felony murder charge may only apply if: Almost all states have a felony murder rule, and the death penalty cannot be enacted on someone who had only a minor role in the crime in any of those states. There are four states that have abolished the felony murder rule, and those states are: Capital murder is first degree murder that can result in the death penalty. The state has to have a capital punishment law, and often the crime has to have exceptional circumstances surrounding it. Usually, this is the murder of a police officer, firefighter, or another government worker. Within each of these charges are different levels, depending on circumstance. Punishments for people convicted of these crimes will also vary. While capital murder and first degree murder are the most serious murders a person can be charged with, any of these others may also apply. These may even apply in addition to capital or first degree murder charges. The rules on how these charges may apply vary depending on the state and the circumstances surrounding the victim’s death. Under the law, murder is typically defined by intent. That is, a defendant knew their actions may lead to another’s death and proceeded anyway. Where there is no intention beforehand, but a victim still dies, other murder charges may apply, such as: A murder took place, but there was no intent to kill or premeditation before the incident happened. Second degree murder commonly applies to heated situations that escalate into an altercation. The defendant did not take time to plan their actions and were, usually, in an emotional rage. We can also label these as “crimes of passion,” but they’re not always romance-related. The lines between second degree and voluntary manslaughter can sometimes be difficult to identify until a full trial has taken place. These cases include those where individuals knew that a confrontation — such as a fight — could result in death, but chose to engage anyway. The contrast between second degree and voluntary manslaughter is more evident in cases where a defendant claims to have felt imminent danger. A person acting in what they believe to be self-defense may be charged with voluntary manslaughter if they go so far as to kill the person they claim made them fear for their life. A person charged with involuntary manslaughter didn’t plan, show intent to kill, and had no malice against the victim. Despite intent, this lesser charge is classified as a homicide in most jurisdictions. These charges can include accidental deaths and those that occur through negligence. The easiest way to recall the difference between capital versus first degree murder is that capital murder results in capital punishment if a person is convicted. For more information on capital versus first degree murder, we recommend reading our archives on this subject. There, you will learn more about the death penalty, including its history, and discover which states impose capital punishment and which do not. Anyone with further questions on this topic or who may currently be involved in a capital or first degree murder case should immediately contact a qualified attorney for more specific advice and assistance. Serious crimes require serious consideration every step of the way. One way to get greater clarification about a legal matter is with a free case evaluation from a local attorney.

States With The Death Penalty

The first recorded case of the death penalty inside a U.S. correctional facility dates back to 1834. Since that time, multiple states have rejected the death penalty, but some continue the practice. Throughout history, citizens, politicians, and the United States Supreme Court have weighed in on the legalities and ethics of capital punishment. Today, there are 29 states with the death penalty – although some currently have a moratorium (a temporary cessation) on executions as of 2019.   Criminal executions have always happened in the U.S. and even took place in the North American colonies. In early history, however, most executions took place in a public setting as opposed to a jail or prison. In the English colonies of North America, the first recorded execution took place in 1608 when George Kendall was killed for an alleged plot to side with the Spanish against the British settlers of the New World. In 1834, Pennsylvania was the first state in the U.S. to officially require that convicted criminals sentenced to death be executed in a prison setting. Since that time, multiple states have enacted similar laws, which have taken on many forms in terms of who can be executed and how executions may be carried out. Also called capital punishment, several states have outright rejected the death penalty and have replaced it with lifetime imprisonments instead. What is DEATH PENALTY?     Although there are 21 states who do not practice capital punishment in 2019, it should be noted that a federal death penalty exists and can be imposed on a criminal convicted of a federal crime regardless of state law where the crime was committed. The United States military also issues the death penalty for certain crimes. The federal government has not executed a prisoner since 2003 and the last military execution happened in 1961. As of 2019, all 62 inmates awaiting execution by a federal court are currently imprisoned in Terre Haute, Indiana.   Of the 29 death penalty states listed above, California, Colorado, Oregon, and Pennsylvania – the state where capital punishment originated – have all placed a moratorium on criminal executions. Those who have outright abolished capital punishment include: As of 2019, there are 2,673 people on death row in the United States. Several of these cases may be appealed and sentencing may someday be reduced. This figure also includes two inmates currently serving time on death row in New Mexico where capital punishment was repealed in 2009. Despite this fact, neither inmate received a sentence reduction and each may still face execution in the future. With that said, more than a third of the states above haven’t carried out an execution in the last 10 years.     The death penalty remains a hotly contested issue among voters, politicians, and other citizens of the United States. Capital punishment in the U.S. has been scrutinized by the Supreme Court at various points throughout history, including an outright ban on the practice imposed by the Court in 1972. In the case of Furman v. Georgia, it was argued that the death penalty was cruel and unusual punishment and, therefore, a violation of the Eighth Amendment of the U.S. Constitution. It was further argued that the practice was often carried out arbitrarily and with bias against certain poor and disenfranchised convicts. The Court agreed with these arguments and imposed a nationwide moratorium on the death penalty which lasted statewide until 1976. It should be noted, however, that this ruling also affected the federal death penalty, which was not reinstated until 1988. Federally, and in states where death sentences had been legal prior to this ruling, inmates condemned to death had their sentences reduced to life in prison without the possibility of parole. The state of Georgia was largely instrumental in capital punishment being reinstated in the U.S. in 1976. This was due to Georgia revising its sentencing guidelines in such a way that the Court agreed it would no longer be considered cruel, unusual, or prejudicial when applying the death penalty. Other states, such as Florida, Louisiana, North Carolina, and Texas also adjusted their guidelines to the Court’s satisfaction and the moratorium was lifted in those states shortly thereafter. More states eventually followed leading to the aforementioned list of 29 death penalty states today. In 1977, the Supreme Court decided punishments must relative to crimes committed. As such, the death penalty could not be applied to cases of rape or other crimes which did not result in a victim’s death. This position was clarified by the Court once again in 2008 when it specifically stated crimes of child rape where a victim survived could not be tried as capital cases. In 2002, the Court ruled that mentally incompetent individuals could not be executed by law. It was argued that their impairment automatically reduces the severity of any crime committed. The reasoning behind this conclusion is that a person living with such a handicap may not fully understand the harshness of their actions or reasonably intend such harm.  Following this landmark ruling, the Supreme Court also made it impossible to punish juvenile offenders with death. Similar reasoning applied as the Court deemed people under the age of 18 years lacked the maturity to fully understand the seriousness of the crimes committed. Prior to this decision, more than 350 children had been legally executed in the United States. The first recorded juvenile execution taking place as early as 1642 in the Plymouth colony located in the current state of Massachusetts.   As of 2019, in states where it is applicable, capital punishment is only allowed in cases where a person has been convicted of murder. For a federal death penalty to be applied, however, there are 41 offenses for which a convicted person may receive the death penalty. Most of these involve murder charges of varying circumstances such as violating another’s civil rights and causing their death, causing another person’s death during a hijacking, hiring someone to kill another person, murdering a witness to a crime, murder while smuggling a foreigner into the country, and murdering a law enforcement officer. Though the list of offenses eligible for capital punishment under federal law is lengthy, within those is a shortlist of offenses that do not involve the death of another person. A person can be sentenced to death under federal law if found guilty of:   Throughout history proponents of the death penalty support it for a variety of reasons including: Opponents of the death penalty consistently argue against its application for some of the following reasons: Further Information As long as the death penalty exists in the United States, it is sure to be a hotly contested issue. Proponents and opponents should have knowledge of the history and facts surrounding the death penalty as voting citizens. For more information on capital punishment in the U.S., please visit our article archives. Individuals with precise legal questions, who may have charges filed against them or who are in need of assistance with a capital punishment case should consult an attorney experienced in this area. 

What Is The Federal Law For Opening Mail Not Addressed To You?

Most people know that it’s illegal to open mail that is addressed to someone else. In fact, there is a federal law that makes it a crime to do so. However, the law only applies under very specific circumstances. To help determine if it’s lawful, take a look at the following reasons for opening mail not addressed to you. A federal statute known as 18 USC Section 1702 makes it illegal to open correspondence addressed to someone else. However, the law cannot be applied if you did not recognize that the mail was not yours when you opened it. For example, if you received several items in the mail and were opening all the envelopes without paying particular attention to the addressee, it is conceivable that you could open mail that was not yours. Because you did not recognize the mail as belonging to someone else before you opened it, no crime has been committed. Although you may have opened someone else’s mail unintentionally, what you do with it afterward is what really counts. Toss the mail in the garbage, and you have intentionally obstructed the delivery of that correspondence. That is a crime, and there may be consequences. If this happens, write Return to Sender or note Wrong Address on the envelope and pop it into a mailbox. That way, the letter can still eventually reach the intended recipient.   The U.S. Postal Service is mainly concerned with mail that is stolen from their custody. In other words, once they have delivered mail to your box, it is no longer in their possession and they are relying on you to react appropriately if correspondence has been mishandled. The statute mostly addresses mail that is wrongfully removed from Postal Service custody, such as if it is stolen from a Post Office, a letter carrier, or a mailbox. Should the stolen mail be used to conduct another crime, like identity theft, then the thief might be facing additional charges. If someone opens mail that is not addressed to them with the intention of stealing what is inside, they are subject to consequences, as well. For instance, if you know someone was delivered cash in an envelope or shipped an expensive item, opening the mail and taking the possessions is still a form of theft that has consequences beyond that of opening mail not addressed to you.   It’s common for someone to ask a neighbor to collect and open his mail while he is away from home. In this case, you can open his mail as long as he has given you permission. It is only a crime if the person did not ask you to and you choose to open it anyway. According to USPS, “After a loved one has passed away, accumulating mail can attract unwanted attention. To avoid this, as appointed executor or administrator, you can file a request at the Post Office™ to redirect their mail [or] remove them from advertisers’ mailing lists.” If you lived with someone who has passed away and received their mail before he or she died, you can still manage and open their mail as usual. If you are the executor of the deceased person’s estate and need to forward his or her mail to a different address, you will need to contact your local Post Office. While opening mail not addressed to you on accident or with permission is not a crime, a person who steals mail from Postal Service custody may be looking at as much as five years in prison. That sentence may be in addition to or concurrent with other prison terms that the thief is sentenced to in relation to other crimes they may have committed after stealing the correspondence. Sizable fines may also be involved. Considering the consequences, stealing mail hardly seems worth the effort. If you have any additional questions or concerns about opening mail not addressed to you, you should contact your local Post Office to ensure you are following the law.

What Happens When You Get Pulled Over Without a Driver’s License?

To drive in accordance with the law, an individual must have a driver’s license. Driving is a privilege according to federal law – one that can be revoked if certain conditions are not met. Getting pulled over without a license can lead to serious consequences, depending upon the circumstances. There are two reasons why someone may be driving without a license. One, the driver has a valid driver’s license but simply forgot it or misplaced it, which is why it is not in the vehicle with them. This is called a “correctable offense” or “fit-it ticket.” The other possibility is that the driver does not have a valid license at all. This could be due to the license being suspended or revoked, or the driver may have never been issued a valid license in the first place. This offense is called a “willful violation” because you knowingly disregarded the law. Let’s take a deeper look at what happens when you get pulled over without a driver’s license. Driving without a license is considered a crime in all 50 states. However, the consequences of this infraction vary depending on the state you live in, as well as if the infraction is a correctable offense or a willful violation. The consequences for getting pulled over without a license can include fines, community service, and/or possibly jail time,  though the latter is uncommon for correctable offenses. Varying by state, the fines for driving without a license range anywhere between $100 and $1,000. The severity of the penalty for getting pulled over without a license increases if you are unable to present a valid driver’s license later on in court. The penalty can also be more severe based on the seriousness of your traffic infraction. For example, if someone is driving without a license and gets in a car accident or is driving under the influence – the consequences tend to be much more severe. Here’s a bit more detail on the difference between a correctable offense and a willful violation when it comes to getting pulled over without a license. How To Find Out If A License Is Active Or Suspended?   If you simply forget to bring your license in the car with you, the infraction is a bit different. Most states will differentiate forgetting your license and not having one at all, as humans are subject to forgetfulness and making mistakes. Usually, if an individual doesn’t have a driver’s license to show to the police officer when they get pulled over – but they do have a valid driver’s license issued under his or her name – they will be issued a much less severe traffic citation. If the individual appears before court (with their valid license), the citation can often be pleaded down or dismissed altogether. Steps to take if you forget your license and are pulled over: Remember, you will still be charged for the traffic violation that you were pulled over for (speeding, running a red light, etc.) even if the correctable offense is dismissed. Regardless of the circumstance, it is never a good idea to get behind the wheel if you do not have a valid driver’s license. Driving with a suspended or revoked driver’s license is an arrestable offense that is much more serious than driving with no driver’s license or simply forgetting it. People whose licenses have been suspended or revoked are not supposed to be driving at all until they resolve the issues that led to the suspensions or revocations. Additionally, people who are caught driving on suspended or revoked licenses could lose their driving privileges even longer than they did initially and have to serve longer lengths of jail time and pay higher fines and fees. What to do if you get pulled over and have a suspended or revoked license: There is no guarantee that you will get your traffic infraction dismissed if you get pulled over without a license. However, your chances are better if you are honest and respectful to the police officer and in court. If you have been pulled over without a license, whether you forgot yours at home or you do not have a valid ID, it is a good idea to speak with a traffic ticket lawyer who can tell you the best way to proceed.

Signing a Letter on Someone Else’s Behalf

Sometimes in the business world, it’s necessary for office staff to sign a letter on someone else’s behalf, such as the manager or company president. This usually happens when the manager or president is not available or too busy to sign letters himself. Only an authorized representative should sign on someone else’s behalf. Aside from internal company matters, there are other situations where people may need to sign on another person’s behalf. Commonly, real estate agents, investment brokers, and lenders will obtain permission to do so. Procuration is the official term for signing for someone else. This term is taken from the Latin word procurare meaning “to take care of.” Now, when signing on someone else’s behalf, the signature is preceded by p.p. standing for per procurationem. The p.p. is a signal to the reader that someone signed the letter on behalf of another. Here are some examples of how to use the p.p. designation: p.p. Staff Signature President’s Name President’s Name p.p. Staff Signature Check with your employer to learn their preferred method of signing with the p.p. designation. If a person is too ill to handle his own affairs, he will need a power of attorney — a person who has the legal right to sign any document on behalf of an incapacitated person. Ideally, people will appoint someone ahead of time to be their power of attorney. When a person passes away and their business affairs need to be tied up, the power of attorney can sign as the deceased. When a person appointed power of attorney signs the document for another person, the document bears the same legal weight as if the incapacitated person signed it himself. An attorney must prepare the documents giving permission to sign on behalf of an incapacitated or deceased person. Only the person granted the power of attorney has the right to do so. If any other person attempts to sign on behalf of another, the letter or document is not legally binding. Laws vary state by state, but in some situations, a parent or guardian can sign on behalf of a child. For instance, if someone under 18 years old opens a bank account, receives a tax return, or needs to sign another legal document, the child may need the parent or guardian to sign on his or her behalf. Signing documents is just a part of everyday life, but there can be important legal implications for you, your family, or your business. If you have questions, consider getting a free initial legal review of your situation today.

Best Way to Find Someone in Jail for Free

If you are looking to find someone in jail, you have a few options. If you’re not sure where to start, trying to find an inmate may feel overwhelming. So before you start Google searching every jail in your area, let’s walk through the basics. Do you know the person’s name, address, or date of birth? Maybe you know the county, city, or state where they committed the crime or even when and where their hearing was held. Obtaining as much basic information as possible will simplify the process. We’ll walk through how to find out if someone is currently in jail and explore the best way to find which jail or federal prison they’re in. There are several reasons why you might need to find out if someone is in jail. Oftentimes, people know someone who was arrested and they want to know if they are still incarcerated. Other times, families that move to a new area want to do research on convicted sex offenders. And sometimes, family members are in search of relatives they have not heard from in a while. In any case, finding out if someone is in jail starts with knowing where the crime took place. Even if you do not have the name of the criminal, you can quickly narrow down your search if you know which jurisdiction to focus on. To find someone in jail, you can start with your State Department of Corrections. If you go to the state’s web page, you will be able to find a phone number to contact. You’ll also find resources like Sex Offender Registry, Offender Contact information, and Offender Visitation forms. Many states will also have a search feature. Some state websites will refer to this as an Offender Database Search or an Inmate Search. If you are unsure where to look for this feature, simply Google the state followed by “department of corrections inmate search.” It’ll be in one of the top search results. Some counties do not have an online search feature, so you may have to call. If the jail you call is not where the inmate is located, try contacting nearby jails. If the person you’re looking for was recently arrested, their information may not be in the system yet. You can always check every week or two. But typically it’s harder to find their information because arrestees are held in the county jail until they have a trial and are released or transferred to a more permanent location. However, if the person you are searching for has been in jail longer than a month, you can use a few other resources to find out where they are located. Once you have determined someone is in jail, you can start your search. If you know the jurisdiction where they were arrested, you can call the jail. The Department of Corrections will be able to release public information to you about the person. Like their name, age, birthday, and gender. However, there are other ways to find someone in jail for free if you have limited information about them. The best way to find someone in jail for free is VINE (Victim Information and Notification Everyday). A victim notification network that “provides the most reliable information for custody status changes and criminal case information.” On the site’s homepage, select the state where you want to search. Navigate to the “Find an Offender” button, where you will be prompted to type in the Offender ID number. Or, if you don’t know it, the inmate’s first and last name. You can also select “Advanced Search” to add the inmate’s facility name, date of birth, and age range. When you find who you are looking for, you will see their inmate/offender ID, date of birth, race, gender, custody status, location, and scheduled release date. Anyone interested in the status of an inmate can register to be notified when the inmate is released or transferred. Notification is done by phone or email. Note: VINE does not provide information on federal prisons, only local jails and state prisons. VINE is updated every day. Finding someone in federal prison is a lot like finding someone in jail. The best way to locate information on a federal prisoner for free is to go to the Bureau of Federal Prisons. Then, go to the inmate locator tab. You can search by inmate number or name. A list of results will appear with the inmates’ names, ID number, age, sex, race, and release date, or prison location. If you select the prison’s name, it will take you to that location’s website where you can find additional details. Of course, if you know which jail or prison the inmate is located at, you can pull up its website and do a search. At least then you’ll know if the offender is still in custody. Not all jails or prisons have this information online. In that case, simply call the jail or prison and ask them to provide the inmate’s status. VINE and the BOP website are by far the best resources to find someone in jail for free. Their sites are constantly updated and contain the most information on inmates nationwide. Another great free website is Inmates Plus. Click on the state where you want to search and then two options appear. One option is a search for the state prison. The second option is to search by county jail. Inmates Plus is updated daily. You know of someone who has been in jail or prison, but you’re unsure when they will be released. You can find an inmate’s release date by calling the state’s Department of Corrections, searching their online database, or use a resource like VINELink. Although release dates are subject to change based on the inmate’s behavior. If the inmate is incarcerated in a smaller facility, their release date may not show up on large databases. If the inmate’s case was followed by the public, sometimes their release will be covered on local news stations. To learn more about this process, check out our step-by-step guide on  How to Find an Inmate’s Release Date. People might need to look up mug shots for many reasons. Some are looking for information on acquaintances who were arrested. Others are looking for their own mug shot. Still others may be browsing out of curiosity. Whatever their reason, finding local mug shots is easy. Several resources can be consulted, and the information is usually freely available. In some jurisdictions, mug shots are public record. Accordingly, it’s very easy to browse through the pictures. Start with the law enforcement agency’s website. These are easy to find by putting a county name and the words “sheriff’s department” into an online search engine. City police departments and highway patrol agencies may also have accessible websites. If mug shots are available, they should be easy to find by clicking on a link labeled “booking blotter” or something similar. This is probably the easiest search method available, particularly if you know which agency arrested the individual whose mug shot you’re seeking. If you’re not able to locate the particular mug shot you’re seeking, consider calling the law enforcement agency. They may allow you to come down to the station to search through their books of mug shots. Some online companies provide people with an opportunity to search for a mug shot through their website. This is often a fee based service, but it may make sense to try this if you’re not able to locate a mug shot through a law enforcement agency. If the company does not already have the mug shot you’re looking for in their database, they may be able to request it from the proper authorities. This may involve an additional fee. Some jurisdictions do not post mug shots online and instead require people to visit in person. County or city jails may be able to accommodate your request to review mug shots. It’s generally advisable to call first to make certain that coming in person to ask to view mug shots is permissible. Where mug shots are considered public records, it is not unusual for various media outlets to publicize them. Check websites for local networks and newspapers, as they usually post recent mug shots on their page for local news. Like using a law enforcement website, this is an easy method for obtaining mug shots. If someone you care about is in jail or prison and needs legal help, you can get a free case evaluation to help you plan your next steps.

How Do You Prove a Defamation of Character Claim?

Unfortunately, defamation of character claims are extremely difficult to prove in the court. As the plaintiff (the accusing), the burden of proof falls on you to prove the defendant (the accused) did what you’re claiming. Additionally, slandering is considered a “tort“, which is a civil wrong, rather than a criminal one. But before we can talk about how to move forward with a defamation case, we need to understand what defamation is. At its core, defamation is a catch-all term used to describe a statement that unjustly hurts someone’s reputation. Libel is the written form of a statement that hurts someone’s reputation while slander is the spoken form, but with the advent of the internet, things can get a little more complicated than that. This type of defamation refers to a defamatory statement or representation made in a printed or fixed format. It can involve text, pictures, or both. For example, a photograph used out of context can constitute libel. Moreover, the person publishing the statements or photographs must do so knowing that they are presenting false information. When one person verbally makes a defamatory statement or, occasionally, hand gestures and facial expressions can be considered libel. The words or physical actions must somehow undermine the reputation of the accused. Again, the person making the slanderous statement must know that they are spreading false information. The First Amendment (freedom of speech) does not protect slander or libel. Individuals possess a right not to be subjected to falsehoods that impugn their character, so slander cannot be protected. But with the first amendment being the most vigorously protected amendment, there are some grey areas and ethical implications of defamatory statements – protected or not. Additionally, the first amendment does not protect things that may lead to criminal acts or endanger public safety. Saying something that could cause public panic, like the classic “There’s a fire!” in a movie theater, is not protected by free speech laws. Likewise, inciting another person or group to commit a crime is also not protected by the First Amendment. Similarly, the First Amendment does not allow for sedition, which is speech that advocates for the violent overthrow of the government or committing crimes against the government. First of all, you have to prove the statement was an intentional misrepresentation or lie. With slander (verbal defamation,) things get a little tricker. Of course, a key portion is that you have to prove – beyond a reasonable doubt – that this person actually said what you’re claiming they said. The trickiest part for libel lies in the second portion: proving that the defamatory statement was intended with actual malice. An untrue statement, to be considered defamatory, needs to be said with the intentional misrepresentation of facts with the intention to cause you harm. IE: The person needs to be knowingly lying while knowing this lie will cause you harm.   Most lawyers will tell you this is the most challenging part of the process. First, understand that there is a clear difference between a statement having the potential to cause you harm and a statement actually causing you harm. It is only considered defamation of character if the statement has caused you harm already, not if it has the potential to cause you harm. This is a tricky line to walk for the court and a frustrating one for many people who are looking to prevent damage. But the court cannot act on something that might happen unless there’s proof that something has already happened. IE: if you’ve already seen negative effects, you’ll likely see more if this went unchecked. If you haven’t, there’s a chance you may never see any negatives as a result of the slander or libel. In order to win the claim, you are going to need to prove that the false statement has ruined your reputation. If you are a business owner, for example, you would need to prove how the statement has had a devastating impact on your business. If you are the only one who knows about this lie, it doesn’t count as slander, libel, or defamation since it can’t hurt your reputation. Unless there’s the threat to release this information, which would count as blackmail. The interesting thing to note about publication is that it’s not in the modern context, where it’s been published. It just means that it was done in a way where other people heard, saw, read, or otherwise came across this harmful lie about you. IE: it was public in some way where a third party was exposed to the statement. This could be untrue and damaging images, articles, emails, or other written communication that was shared with more people than just yourself (libel.) Or it could be gestures, spoken words, or something else not otherwise in a tangible form that was done in front of – or towards – other people about you (slander.) On top of this, the statement must also be considered “unprivileged.” Since free speech and defamatory cases seem to be on conflicting sides of the constitution, the court decided to protect certain scenarios and interactions from being brought to court on defamation suits. These protected scenarios and interactions are called “privileged.” They include scenarios in which false statements can cause you harm, such as witnesses who falsely testify. Most lawmakers also fall into this “privileged” bucket in the legislative chambers and in official documents and material. That’s not to say that these statements can’t face legal action, just that “privileged” statements cannot be considered defamatory. Even if they are otherwise. Fortunately, unprivileged statements cover the majority of defamatory statements. These are the kinds of statements that are made in everyday life, online, and outside of the courtrooms and chambers.   When libelous and slanderous statements are made in public, the affected party should seek a retraction before filing a complaint in court. If there is evidence of the alleged defamer refusing to retract the statements, it would be easier to win the case in court. But what does “winning” a defamation case look like? For compensation, the court must decide on the amount of “reasonable of injury.” For example, if a politician feels defamed by statements that attempt to connect her with criminal organizations, the court will consider that people in the public eye should expect that sort of circumstance. This damage would likely be considered lesser – if damaging at all. In most cases involving defamation of character, the court will seek a resolution that is both uncomplicated and respectful of the First Amendment. This could mean accepting a retraction from the respondent published in the newspaper of record. If you think you have a case and would like to take action, we have some articles and resources to help you take the next steps: In 2017, actress Rebel Wilson was in a defamation of character case. After the release of the hit movie she co-starred in, Pitch Perfect 2, a media company (Bauer Media) published several articles about her. They stated she was “a serial liar” and “fabricated almost every aspect of her life.” Bauer Media continued to accuse her of lying about her “age, upbringing and the origin of her name,” according to The Washington Post. Because of the blatant dishonesty of these statements, Wilson was able to easily prove they were untrue. However, proving Bauer Media had the intention of causing her harm, as well as proving that they actually caused her harm was less black-and-white. Wilson stated that the claims not only hurt her reputation but caused her to be overlooked for acting roles and lost her money. After uncovering the source of the false information, it was brought to the court’s attention that the source was paid and had a grudge against Wilson. It was also discovered that the claims were intentionally published around the same time Pitch Perfect 2 was released to attract timely attention. Wilson was awarded more than $3 million in damages. On the day of the verdict, she Tweeted, “Today was the end of a long and hard court battle against Bauer Media who viciously tried to take me down with a series of false articles.” You can also have a look at how to prove workplace discrimination.

How Do You Look up License Plate Numbers?

From driver history to accident reports, you can learn a lot from performing a license plate lookup. Usually, people are trying to find information about a vehicle’s history. Other times, someone may be looking to identify the driver of a vehicle by using a license plate number. In either case, the online data may be limited due to privacy laws. But there are a few ways you can conduct a license plate lookup to find basic information about a vehicle or driver. We’ll focus on the most common reasons to lookup license plate numbers – to obtain a vehicle history report and view criminal driving records. The information you can obtain from a license plate lookup is limited. But there are tons of public records to find what you’re looking for, like a driver’s criminal history. This information is gathered from multiple sources. Car auctions, insurance companies, and carmakers are few. Whether you use a third-party license plate lookup like People Public Records or Vehicle Data Registry, you should be able to find all basic information about a vehicle, including: In most cases, you don’t need to go to the DMV to get license plate records – there are so many online resources to choose from. However, we’ve included information about DMV license plate lookups if you’re unable to find the records you are looking for. DMV reports include: The websites listed here are called third-party information providers. These websites pull records from DMV, court, corrections, and vital statistics databases. This saves you from doing multiple searches and from driving around town to collect information. It’s completely legal for you to request this information because all of the data collected by third-party information providers is public record. The Freedom of Information Act also justifies your request for the vehicle data. PeoplePublicRecords.org is one of the most comprehensive third-party information providers. Allowing you to access instant data from public records. If you go to the website, you can look up information on car owners by name, VIN, or license plate number. You can also search for someone’s complete background history, criminal and civil court records, marriage and divorce records, birth and death records, vital records and genealogy, lawsuits and legal judgments, civil claims and litigations, and police records. Keep in mind, Peoplepublicrecords.org does not collect any information about the searcher, so when you run a report, the person will not even know that anyone pulled a report. Users can choose from one-, three-, or a six-month membership, each with unlimited searches. The website www.searchquarry.com allows users to search for information on car owners by typing in the VIN or license plate number. In addition to license plate records, SearchQuarry allows users to look up public information and reports about criminal records, court records, incarcerations, driving records, VIN records, bankruptcies, liens and judgments, birth records, death records, marriage records, divorce records, and phone number records. SearchQuarry does not provide any bank, credit card, or social security number information. Users must pay a monthly fee for unlimited searches and reports. At Vehicledataregistry.com, you can search for owner information by using a VIN or license plate number. A lot of information is attached to a person’s driving record. This website may provide you with any – or all – of the following information: If you are not able to find what you are looking for online, you may be able to obtain information about a vehicle or driver using a license plate lookup at the Department of Motor Vehicles (DMV.) Simply go to your local DMV website or call the number provided to see if the one in your area provides vehicle and driver records. If so, visit the DMV and provide them with the license plate number and any other details you have. To learn more about license plate lookups and public vehicle driving records, check out How To Find a Name and Address Using a License Plate Number.

Best Way To Run A Free Arrest Warrant Check

If you’re concerned about having a warrant out for your arrest, you should check right away. Fortunately, there are tons of free ways to find out without having to look into the dark web. Even if you don’t want to use the internet, there are a few ways to run a free arrest warrant check. Most of this article focuses on how to run a free arrest warrant check on yourself. But this process applies equally well to looking for a suspected warrant on someone else. So, let’s get to it!     This might seem like a no-brainer. But not all arrest warrants are issued because someone committed a high-caliber crime or because you’re just a “bad person.” You can have a warrant out because you did something as simple as forgetting to pay a parking ticket. Or you’re a suspect in a crime – even if it’s a misunderstanding and you weren’t involved. You can also have a warrant out for something like bouncing a check. Even if you didn’t mean to and never even knew it bounced. Anything that would amount to a felony or a misdemeanor is grounds for police to get an arrest warrant. As long as they can prove you did it or it’s a felony charge. Being suspected of a misdemeanor isn’t usually enough for an arrest warrant. But it is enough for a felony. Additionally, if you don’t show up for court or pay a ticket, you may have a warrant. Even if you never knew you had court scheduled. I almost had this happen with jury duty because I didn’t get the letter. It’s not as difficult or unheard of as you’d think. So, again, you don’t need to commit murder to find yourself with a warrant.     In order to get an arrest warrant, police officers need to convince a judge that a crime was most likely committed. And the suspected crime was likely committed by the person they want a warrant for. The burden of proof is not super high at this stage, but facts need to be present. In order to make their case, an officer must submit an affidavit. The affidavit has to be signed under oath and contain enough facts to convince a neutral judge of probable cause. IE: that you are very likely the person who bounced a check when buying diapers because it was signed by you and they have video camera footage of your purchase. Or that you likely tried to commit insurance fraud because your car that you couldn’t afford was conveniently totaled the day before it was supposed to be repoed. If they can convince a judge of these two things with an affidavit, then the judge will grant them an arrest warrant. But this process is pretty similar with bench or search warrants as well. The judge, however, may put restrictions on the arrest warrant. Something like you can only be arrested between 6 a.m. and 6 p.m. or you can’t be arrested if you’re at work. But this all depends on the severity of the crime. Sometimes the bail amount will also be included in the warrant. Obtaining a warrant doesn’t usually take more than a day. However, it can take several days for a warrant to “hit the system” (the law’s archaic computer system, that is.) Additionally, warrants do not expire or just go away. There is no statute of limitations on the warrant itself once it’s been issued. But, occasionally, you can get out if it if the information on the warrant isn’t right.   Sometimes facts are misstated, incorrect, or otherwise don’t hold water. For example, the location could be wrong, the name on the warrant could be misspelled, or you can otherwise prove the warrant (at least as-is) isn’t for you. Or that they’re violating one of the mandates on the warrant. Like they’re arresting you at 6:30 pm, which is outside of hours on the warrant. In an ideal scenario, police officers should show you your arrest warrant, but they don’t always. If you can prove that the warrant isn’t for you, the police shouldn’t proceed with the arrest. But that also isn’t always the case. However, it should be noted that clerical errors aren’t enough to invalidate an arrest warrant. If an arrest warrant says “Jonh” instead of “John,” that wouldn’t be enough. But if it said 134 North St, when it was should be 1340 North Rd, that might do it. At least for now. Providing both locations actually exist. There are, however, some cases where running a check for an arrest warrant won’t help you.     The police may still hope to arrest you, it just won’t show up as a warrant. You should only be seriously concerned about this if you are involved in a serious crime. But definitely something to consider if you’re being falsely accused, as well. They all revolve around probable cause.   I’ll give you some advice my lawyer gave me. It cost me $30, so you’re welcome. “Police, pastors, and lawyers are great to have – but you never want to invite one into your house.” Although it’s unlikely a criminal would do this, someone else who lives in the house could. And anything they see, hear, or even smell – without a warrant – can be used against you in court.   If you’re in this situation, you’re certainly not reading this article. Er, I hope not. In this particular case, the police would need to be in “hot pursuit.” Which means they followed the suspect from whatever chase was happening straight into the building. At which point, they don’t need a warrant to make the arrest, obviously.   This is referred to as exigent circumstances. This one is obvious, if someone’s in danger, the officer shouldn’t wait for a warrant to come through. The same is true for evidence. But this clause is rarely used for the latter. If someone had evidence of their crime on their computer and the police thought they would destroy it, they don’t always need a warrant. But – more often than not – it’s more complex than that when it comes to evidence.     Okay, so we know when a warrant check won’t help, when it would, and why you should probably check. Even if you don’t think an arrest warrant should exist. But how exactly do you go about doing it?   This part is so super important: almost no online database resources exist for free. If you want to look online for an arrest warrant, you’re unlikely to find one for free because; But if that doesn’t deter you, that’s perfectly fine. Just don’t expect the arrest warrant search to be free online. Even if it says it is, I can almost guarantee you it’s not. However, The Most Wanted is the only one we’ve found as far as databases are concerned. But there’s a huge catch: It’s only for warrants out in Indiana. If you want to search online for free and you’re not in Indiana, you would need to Google “arrest warrants in [insert county & state] and use whatever local government websites pop up. Now, if you think you might have warrants out in different states, you’ll need to Google every state and county that you think is a possibility.   If you might have warrants out in multiple states or counties (or you’re just curious if you do) paid routes are the best option. Additionally, they’re the best option if you’re looking to find arrest warrants on someone else.     We’re not affiliated with these guys in any way, but I’ve used them to run checks on myself to see how accurate they are. And they miss some minor stuff (thankfully my current address is one), but they do pull up some creepy stuff. They do not, however, pull up any of my court cases because police weren’t involved. And when they were, I was the plaintiff. They have relatively cheap trials that seem worth it(ish) to me if I was interested in looking this stuff up, but I whole-heartedly recommend not doing a whole month unless you’re just super nosey. Then it might be interesting. Okay, moving on…   Yeah, I know. But hear me out. Police stations are really one of the few places you can go where it’s quick, easy, and free to check. I don’t necessarily advise going into the police department to inquire – especially if you think you’ll be arrested on the spot*. A slightly safer – but still potentially sketchy option – is to have someone you trust go and ask a law enforcement official. Although, since it’s not public knowledge, they may not release this if they think you’re a flight risk or if your local laws don’t allow the release of that kind of information. Additionally, you or someone you trust can call. Although there is a chance that they may not give the information up over the phone. I don’t necessarily advise visiting or calling your in-town police department, but a police department in the same county should have the same level of access. But you’d have to call into the county that the warrant would be out in, not just your local county if nothing happened there. *Note: if you have a bench warrant out, you will likely be arrested on sight.   There’s a relatively low chance you’ll be arrested on the spot at the courthouse. Though not entirely out of the question. Because, you know, there are usually cops there. But if you know which jurisdiction the arrest warrant would fall under, you can go to the corresponding courthouse to find out if there’s a warrant. Unless you committed a serious crime, you should be fine* to walk out of the courthouse. Although you’ll be in for some social awkwardness. This is usually free. But if you go out of the jurisdiction, they will usually charge you for the records. How much they charge depends on the courthouse and if you want it printed out. *Note: if you have a bench warrant out, you will likely be arrested or detained on sight.   Call a good defense lawyer. I would highly suggest paying for one. I’ve used pro bono, I’ve used reduced fee lawyers, sliding scale lawyers, free legal aid services, and paid for high-priced lawyers. And I can tell you the ones you pay and keep on retainer absolutely work the hardest. I have nothing against all my other lawyers (or nothing big enough to air here, anyway) but the lawyers that I kept on a hefty retainer were hands-down the best ones I had. Fortunately, most lawyers offer you a free consult. It’s usually short, brisk, and rather standoffish feeling, but it gives you a good starting place for shopping around. Find one you feel comfortable and confident in. You DO NOT want a lawyer that promises you the moon and the stars and the sea. You want a grounded, realistic, level-headed lawyer, so do some legwork and go through all the bad reviews you can consume. But I get it, not everyone has thousands of dollars they can throw at a retainer and a monthly legal bill. Lawyers are not cheap. But you have a few options if you don’t have the cash for a lawyer.   If it’s a felony charge, you can get a court-appointed lawyer. Occasionally you can get a court-appointed lawyer for misdemeanors if you’re potentially facing jail time. But you’ll want to get some free legal help on how you should go about turning yourself in and requesting a court-appointed lawyer without incriminating yourself. Do not underestimate the importance of avoiding incrimination when turning yourself in. Of course, if you go this route you should absolutely stay silent without your lawyer. Requesting a lawyer after you turn yourself in is the only thing you should say.   Most pro bono lawyers don’t help with defense cases that involve warrants. Court-appointed lawyers for these types of cases are pro bono lawyers, so that’s where you’ll likely find one. But you can try to find one that might help by looking up your state’s bar association website and going through their pro bono directory.   Since this is such a broad topic and varies state-by-state, we actually put together a whole resource list of free and low-cost legal help. Oftentimes, lawyers (especially low-cost ones) won’t be available until about a year down the road. If this is the case, your potential lawyer will likely tell you to ask the court for a continuation until they’re available to represent you. Sometimes you have to show you at your scheduled date and time to do this and ask a judge to grant you the continuation. The judge can say no. But if the judge says no, you can ask for a court-appointed lawyer then, if they don’t tell you they’ll give you one instead. However, if you just need a quick bit of advice, you can call into a legal hotline and just ask how to go about turning yourself in and asking for a court-appointed lawyer. Those calls are usually pretty quick. But they will disclaim that they’re not suggesting you do that and it doesn’t constitute as legal advice because they’re not actually your lawyer. But don’t let that scare you off.     I mean… do you like the person? If you like the person, I would bring it up with them and try to help them figure out their legal options. If you don’t like the person… Tip-off the law agency that would have jurisdiction to arrest them. Of course, if you ask to remain anonymous, you usually will remain anonymous. But I’ve definitely had incidents where the cops did tell the person I called them, even after I asked to remain anonymous. And this person lashed out by reporting me to the cops for a fake crime. The person who tipped them (obviously…) didn’t remain anonymous, either. So just keep that in mind. If you don’t want to call in and risk backlash, many agencies have anonymous tip forms you can fill out online.   A bench warrant is a warrant that is issued after an arrest warrant, when the defendant has either not shown up for their scheduled court date, or they have violated some other court rule. An arrest warrant, on the other hand, a court order given to detain a party if probable cause is present (AKA they have committed a crime.    “If you discover that a bench warrant or arrest warrant has been issued against you or that you have missed a court hearing that you were ordered to attend (as a defendant or a witness), the most important thing to do is take action immediately,” according to Lauren Baldwin from criminaldefenselawyer.com. “When you didn’t show up, the judge may have issued a bench warrant for your arrest. This means that the police can take you into custody at any time – at a routine traffic stop, at your home or office, or when you appear at court on another matter. If you do not address the warrant, you will have to worry constantly that you may suddenly be taken to jail.”   Civil warrants are usually ordered in cases that have to do with debt, repossession, and eviction, among other civil cases. Civil warrants are not given for criminal cases. Three civil warrant types exist, including a capias warrant, a dispossessory warrant, a warrant in debt.   A writ is an order from a judge that requires someone to do something (yes, that’s vague, but the cause for a writ varies greatly depending on the situation). There are also several different types of writs, like a writ of possession that can be used in eviction cases, as well as a writ of error – a court order from the court of appeals to the judge who tried a case in lower court to give the records of the case to the appeals court.   In most areas, warrants last forever and do not expire. To learn more about how long warrants last and if orders are ever dropped, check out this guide of the Statute of Limitations for Arrest Warrants.    Quashing a warrant means that the warrant is cancelled. This usually happens when a defendant pays their bond. What does it mean to quash a warrant?   A capias warrant is an order to arrest and detain an individual for the purpose of guaranteeing a court appearance. It is one of the types of civil warrants. Most often, this type of warrant is issued when someone does not show up to their court appearance.    Warrants are public record in Texas, so you can find out if you have one fairly easily by doing an online search. You can start by visiting www.publicrecords.onlinesearches.com. Select Texas and then the county to narrow down results. Another way to find out if you have a warrant in Texas is by looking at www.gotwarrants.com, visiting your county’s website, or contacting the local sheriff’s office. 

Prenup: Why Prenup, What It Is, and Do You Need One?

To some, the mere mention of a prenuptial agreement can lead to controversy and turmoil. Understanding what a prenup is, the purposes a good one can serve, and who needs one can take the sting out of some of those conversations, though. Whether you’re planning on getting married soon or are simply curious about how prenuptial agreements work, taking a closer look at what a prenup does and how it may benefit some people can help people better determine whether or not such an agreement is right for you. In the United States, anyone can get divorced. In most states, people can get divorced for any reason and, in some, they can get divorced for no reason at all. No one entering a marriage ever dreams of it someday ending. As most divorced people will attest, however, even those who enter matrimony with the most hopeful of intentions often fall short and marriages don’t always last until death do two part. Prenuptial agreements are usually legally binding instruments intended to ensure fairness in a divorce process. Philosophically, most are agreed to at a time when both parties are in love with one another and have each other’s best interest at heart. As good prenups are created with the help of legal professionals, these agreements also tend to take on a realistic form of protection for each person’s assets if the marriage should eventually fail. These types of agreements are also intended to make the divorce process less litigious, faster, and, perhaps, even less expensive when all is said and done. This is because a separate accounting of individual assets has already been determined. With each person’s financial value, debt liabilities, and benefits clearly defined going into the marriage, it is far easier for a judge to determine which marital assets are left to be divided – and how – as a marriage is being dissolved. In light of all of this, prenups may also serve to reduce some of the stress associated with a divorce. It’s a commonly held belief that prenuptial agreements are reserved for the extremely wealthy, but this simply is not true. Average, working-class women and men often have prenuptial agreements in place when entering a new marriage. Essentially, any person who owns a business, real property, or other assets — such as stocks and bonds — may benefit from having such an agreement. Parents may also want to consider these documents since prenuptial agreements may also help protect a person’s heirs. For example, couples who are soon to marry may have children from previous relationships. A prenup can be used to separate and protect property that a parent intends for a child to inherit. Structured correctly, said property should not be considered as marital property during a divorce. Without a prenup, things like real estate and other investments, or even family heirlooms a parent intended for a child to receive, may be divided among former spouses when a marriage is dissolved. Some corporations and other entities may even strongly urge investors and shareholders to have prenups before getting married. This is so that, in case of divorce, the person’s stake in the company is not compromised, nor are employees or other aspects of a business threatened. Without a prenup, it is entirely possible for a former spouse to take control of a company, or parts thereof, that were acquired during a divorce settlement. The spouse who was awarded all or part of their exes company shares may not have any experience or interest in the business and may even wish to see it fail altogether. This, of course, can lead to a highly undesirable or even detrimental outcome for employees, investors, and others involved in that business. One often overlooked advantage of a prenuptial agreement is that they force couples who are intending to marry to have a real conversation about finances, liabilities, and expectations before they say “I do.” Even for couples who remain in their marriages forever, transparency about such matters is advantageous to the health of the marriage and the couple’s financial future. Those entertaining a prenuptial agreement are able to discuss earnings, investments, debts, and credit matters before entering a contractual union with a far better sense of clarity than those who refuse to do so. While these conversations can be uncomfortable and intense, they can also serve a very positive purpose in moving forward with a marriage in full knowledge of each spouse’s financial wealth and health. Prenuptial agreements are also introduced at a time when couples are in love and are more likely to want fairness to prevail. While all prenups are subject to state requirements and can even be set aside if a divorce judge finds one to be unreasonable, things like child custody and visitation matters can even be part of a prenuptial agreement. When this is the case, terms are often more fairly presented at a time when couples share a mutual love and respect than they may be during a divorce when one or both partners are harboring negative feelings towards the other. People who dislike the idea of prenuptial agreements generally feel like they are planning for divorce. They are right about this, of course, but prenups do not actually provoke divorce. While everyone would love for marriages to stand the test of time, realistically, many relationships go south long before. Prenups aren’t the reason marriages fail, but they can help make sense of financial matters when they do. Many people think prenups kill romance; however, marriage is largely a contractual agreement, and romance has nothing at all to do with that arrangement. Sure, a person may bring romantic feelings into a marriage, but romance has never been a requirement for matrimony. A marriage is as romantic — or unromantic — as the two people who sign a marriage contract decide it will be. In this way, a prenup is merely another agreement related to an already non-romantic one. While this may be true, to some degree, there is something to be said for a lack of blind trust. Going into a marriage, no one ever expects that infidelity, abuse, or other differences will ever become irreconcilable. Yet, we all know of marriages that have ended in divorce, anyway. People also owe it to themselves, their heirs, their business partners, and their spouses to be as realistic as possible about life, relationships, and the possibilities of divorce. In discussions about prenups, people often overlook other areas where they may bring clarity. For example, if one spouse with children from an earlier relationship passes away without a will or trust and the widowed spouse remarries, the children of the deceased spouse may feel it unfair that their step-parent’s new spouse may receive some ownership in property and other assets that the children’s natural parent left behind. A prenup that was agreed upon before the deceased spouse married can help clarify which assets the children have claim to and which they do not. You may want to consider a prenuptial agreement if you own real property or other investments, have a retirement account, or have children who are not related to your spouse. If you own a business outright or have decision-making power in another business, asking your future spouse to sign a prenuptial agreement may be among the most responsible things you can do to protect that business. Even if you are part of a small startup that has yet to see any success, a prenup can be of monumental importance since your startup’s value could potentially skyrocket or even be on the hook for substantial debt in the future. In fact, if you are marrying someone invested in a startup, a carefully drafted prenuptial agreement can help you avoid debt liabilities, credit woes, and other pitfalls that sometimes come with the startup territory. For more information on prenuptial agreements and to determine whether or not you need one, contact an experienced attorney specializing in these types of documents. Most experts advise against trying to draft a prenup on your own as each state has separate requirements for prenuptial agreements, and a document that doesn’t adhere to these requirements may not be legally binding in the end. To ensure fairness, it is also advised that each person have their own attorney review a prenup before signing. Our article archives can also supply you with a wealth of information on marriage, divorce, and prenuptial agreements. With a better understanding of what prenuptial agreements entail, some of the misconceptions people have about them, and how they may protect individuals entering matrimony, it is clear that prenuptial agreements, in theory, do not have to be controversial at all.

How To Write A Character Reference For Child Custody

From court hearings to internal family disputes, child custody cases are trying battles in many ways. And while each family’s situation is different, parents in child custody cases have one job – to convince a judge that being in their child’s life is in the best interest of their son or daughter. Aside from having a stable job, a home and a healthy relationship with the child, one of the most effective ways to prove fitness as a parent is with a character reference for child custody. Just like a reference letter for a job, a character reference for child custody speaks on behalf of a parent – explaining why he or she should have custody of his/her child. These letters give a judge a more personal, in-depth look at how involved the parent has been, as well as how the parent has positively impacted the child. Essentially, a character reference for child custody argues for the parent to be a part of the child’s life. Typically, the parent seeking custody should ask close friends and family to write character references. This is because they have the most credibility, being the ones to witness first-hand the relationship between the parent and child, as well as how the parent has handled the challenges of co-parenting thus far. Other people that may have enough insight on the parent-child relationship are neighbors and co-workers who have known the family for some time. However, just because a parent asks someone to write a character reference for child custody does not necessarily mean that the person should agree. One should only write a letter if he/she genuinely believes that the parent requesting is a positive addition to the child’s life. The parent seeking custody may want to ask a few individuals to write a reference letter. Later, the parent’s attorney may decide which one to submit or may choose to submit several. Doing some brainstorming before writing the letter usually makes the process much easier. Begin by considering examples of behavior between the parent and child that you have witnessed. You do not have to describe each example in the letter, but each instance may help you to distill the relationship between parent and child. For example, looking at your list you might conclude that the relationship is warm, loving, and stable. This will also help you develop a sense of authenticity as you are writing the letter. A character reference for child custody does not need to be written in a formal, business tone. Remember to keep the tone of the letter friendly and conversational. Don’t feel the need to use legal terms. It should be written in your own voice, which will depict a level of honesty and care you have for the parent you are writing about. It also isn’t necessary to write an overly long letter. One page typically will suffice. Begin the first paragraph by: In the next one to two paragraphs, describe two or three of the items from your brainstorming list. You don’t necessarily have to include events where the parent proved their devotion under extraordinary circumstances. Judges are frequently more interested in the child’s day-to-day welfare. You might also include something about: As a final paragraph, sum up why you think the parent is the best candidate for receiving custody. Provide your contact information if you have not included it elsewhere. Keep in mind that the character reference for child custody is intended to recommend why a particular parent is the right individual to care for a child. Accordingly, the character reference letter is not the place to bash the other parent or point out where the other parent may have failed in their responsibility. Maintain a focus on the good parenting skills shown by the other parent.   To learn more about child custody, take a look at How to Prove a Parent Unfit for Child Custody.

How To Look Up My Court Date Online

Looking for an upcoming court date? Whether you are scheduled to appear in court, or you are looking on behalf of the defendant, there are few simple ways to find your court date both online and offline. In this article, we will walk you through the information you will need to find your scheduled court date, as well as what to do if you are not able to find it online. Keep in mind, failing to show up in court at the required time and date may cause you to forfeit your case, be liable for fines, or even receive a warrant for your arrest. Many courts allow individuals to look up their court dates online in order to save time and improve attendance. Searching for your court date online is fairly simple. Before you begin the search for your court date, make sure you have your case or citation number available. This will make looking up your court date online or over the phone much easier. Any official information you’ve received regarding your case will include your case number. This includes police reports, court documentation, or official notices. The case number may be very long, and its format will vary between jurisdictions. If you are unable to find your case number, you may still be able to track down your case record and find your court date online. Most states have an online database that houses case records. Local county clerks will typically update the database regularly. To use the search engine, you will need the first and last name of the defendant, at least.  To find this search function, start by typing your state of residence into a search engine, followed by “court date lookup.” The first result should say something along the lines of “Find Courts,” “Search Records,” or “Court Calendar Search.” Click the link, and enter the appropriate information into the search engine.  Some of the more comprehensive court date lookup tools will provide you with: However, this varies by state, and some jurisdictions do not provide an updated database for users to look through at all. There is a separate court date lookup tool you can use if the case is covering a federal offense, or an appeal of a previous case at the federal level. You can find information on a federal court case with the Public Access to Court Electronic Records (PACER) tool. According to the United States Courts website, “PACER allows anyone with an account to search and locate appellate, district, and bankruptcy court case and docket information.” There is also a tool called the PACER Case Locator if you aren’t sure which court your case is under.  PACER database is updated daily.  While doing a simple Google search is the preferred method of finding information, giving the county clerk a call is the next best option. You can find the county clerk’s contact information by going to your county’s website. When you call, provide them with your first and last name, as well as your case number if you have it. Simply explain that you want to confirm an upcoming court date and time, and they will be able to search through the case records to find it.  You can also ask a lawyer that is involved in the case for information about your court date.  If you are a resident of Washington, you can find your court date online through a specialized search engine hosted by the Administrative Office of the Court for the State of Washington. After a case has been opened, county clerks will enter the information into a database that allows you to search for your court date, time, and case number.  The North Carolina Judicial Branch also hosts a website that allows you to look up your court date online. This search engine is a bit more user-friendly than Washingtons. This resource offers comprehensive information about your court date, including where your court hearing will take place, as well as the specific date and time of the hearing. The website also allows you to search for a citation or case number. All you need is your name or the defendant’s name if you are looking for someone else’s court date.  North Carolina’s Judicial Branch website also lets you view Civil Court Calendars by County and Criminal Court Calendars by County. Each case is different, and sometimes details about a court case are not shared online. Typically, this has to do with juvenile or paternity cases, as well as other cases with sensitive subject matter. Another reason you may not be able to look up your court date online is simply that it may not be uploaded yet. Details about court cases are taken from official court documents, so if you just found out that you need to appear in court, you may not be able to find the court date online just yet. Regardless, it is your responsibility to find the date and arrive on time. Other options besides looking up your court date online are to call the court that you are scheduled to appear at and ask. If you have a lawyer, you may also reach out to him or her, and he or she will likely know the court date.

What Rights Do Convicted Felons Lose?

Convicted felons lose rights from voting to employment, depending on their state of residence. While some of the rights convicted felons lose may be restored over time, some of the rights are lost forever. Throughout the United States, some of the general rights convicted felons lose are as follows, varying state by state: Let’s take a look at each one of these rights convicted felons lose in more detail. Convicted felons are given restrictions within the law to help protect society. In addition to losing rights, convicted felons are also required to abide by certain regulations like regular drug screenings and sobriety treatment. Can felons vote? Voting rights for convicted felons vary depending on the state of their residence and incarceration. In some states, convicted felons lose rights to vote temporarily while they are serving the length of their sentence. Upon release from jail, they are able to vote once again. In other states, convicted felons do not lose the right to vote at any time, while some states do not restore a convicted felon’s right to vote unless further action is taken on behalf of the inmate. For instance, the convicted felon can apply for a governor’s pardon or withstand a “waiting period” after they’ve been released. They might have to complete terms of probation or parole, or pay any outstanding fines, as well. You may have heard the loss of felons’ voting rights referred to as “felony disenfranchisement.” To see how felony disenfranchisement works in your state, check out this map from the American Civil Liberties Union. Just as voting rights vary state by state, regulations dealing with traveling abroad vary by country. In the United States, if you are a convicted felon because of a drug-related felony, your passport may be revoked while you are serving out your sentence, including probation or parole. However, the US is not the only country that implements travel restrictions if you are a convicted felon. Other countries enforce strict border control when it comes to allowing convicted felons into their territory. Canada, for example, has access to information about convicted criminals in the US through the US National Crime Information Center. So, if you are a convicted felon attempting to travel from the US to Canada, you may receive a background check before crossing the border. This could result in not being allowed to enter the country. This is not the case for all countries, though. Many places do not have access to the same amount of information as Canada, so convicted felons can usually travel abroad without having any issues. It is possible for a convicted felon to receive firearm rights, though the process of doing so is easier in some states than in others. Gun restoration laws often require a convicted felon to either apply for felony expungement, petition for restoration of firearm rights, receive a governor’s pardon, or receive a federal pardon in order to have the right to purchase a gun again. Some of the most important rights that are impacted by a criminal record are employment rights. At the federal level, an employer is not allowed to use a prior conviction as a reason not to hire someone, unless the crime directly relates to the job. These include: At the state level, however, employment rights can look a bit different. Employers are allowed to consider a convicted felon’s criminal history when deciding whether or not to hire him or her. Many private employers will conduct background checks and choose not to hire felons. They are allowed to discriminate in this way, but it is not a requirement. In addition to not being allowed to serve on a jury in most states, convicted felons are not allowed to apply for federal or state grants, live in public housing, or receive federal cash assistance, SSI or food stamps, among other benefits. Depending on the crime, convicted felons don’t necessarily lose all parental rights, unless the person was convicted of a more serious offense – like murder. However, in situations where the convicted felon was the only parent involved in the child’s life, and the child was put into foster care for an excessive amount of time, the convicted felon may lose parental rights. And while convicted felons may not legally lose parental rights at the time of a conviction, it may affect parental rights down the line, especially in the case of custody battles or divorces. A felony conviction is almost always a red flag for any judge to award custody to the other parent. Most felons’ rights that are lost during incarceration will be automatically restored when they are released from jail. However, if you are unsure what your rights, discuss this with a criminal defense lawyer. Since some rights are not automatically restored in some states, like the right to purchase a firearm, you may want to discuss how to appeal this with the attorney. Another common reason convicted felons might need legal assistance is for child custody. If you have been in jail or prison and have lost your parental rights, speak to a child custody attorney to determine what you need to do upon your release. In addition to all of these lost rights, a felony conviction is a permanent stain on a person’s record. Even if these are not necessarily lost rights, he or she may find difficulty getting a lease, applying for a loan or filing official paperwork in any capacity. To learn more about the rights convicted felons lose, here’s a deeper look at employment rights and firearm rights.

Best Way to Write a Professional Letter to a Judge

Writing a letter to a judge can be extremely impactful if it is written properly. Whether you are writing as a victim or on behalf of a defendant, it must be written in business-style and in a professional tone in order for the judge to take the letter seriously. There are a few main reasons someone would need to write a letter to a judge. In many cases, family members or friends will write a letter to a judge before sentencing, to illustrate a defendant’s character. Other times, these letters are written by victims (or their family members) to showcase how the defendant’s actions have been damaging to them. The letter will express how the person on trial has impacted others — positively or negatively. It will ask for a specific outcome from the judge, whether it is a reduced sentence or maximum sentence. Another reason someone might write a letter to a judge is regarding custody of a child. Family members and friends of the parents and child may feel obligated to share their experiences with the adult and why or why not they would make a fit parent. Other reasons for writing include a request for an inmate’s early release or a recommendation for someone’s legal status. In this article, we will discuss how to write a formal letter to a judge, along with the proper format and a sample letter. If writing a letter on behalf of the defendant, talk about the positive aspects of the defendant’s character and explain how the sentence will affect the defendant and his or her family. A victim can write his or her own victim statement as well, which is quite impactful since he or she is the person most closely affected by the crime. If a family member or friend of the victim writes the letter, include statements regarding how others around the victim have been affected. The best way to write a letter to a judge is in business style, which is a formal way of structuring your message (outlined below). In addition to following a business-style structure, you should write the letter in a professional tone to ensure the judge will take your letter seriously. Write in the language you are fluent in, whether or not that is English. This will help you get your ideas across accurately and clearly, rather than writing in a language you are not entirely comfortable with. There will be someone available to the judge to translate your letter. You do not have to be a professional writer to draft a clear, concise, and accurate letter. However, the best way to write a letter to a judge is to pay very close attention to detail while writing, ensuring you run the letter through a grammar checker (like Grammarly) and spelling checker to remove errors. But remember, grammar and spelling checkers are not foolproof, so proofread your letter a couple of times before finalizing it. Start with the envelope, writing to the judge in this format: There is much more to consider than the professional tone — there is a precise and proper format to follow when writing a letter to a judge. If you choose to type the letter on a computer, get it printed on high-quality stationary or card stock, not regular printer paper. If you choose to write the letter by hand, again — use high-quality paper and stay away from lined paper. As you start writing the contents of the letter, keep everything left-aligned, starting with your information. Follow the order of this format, leaving a space in between each section: 1. Your Information (first thing that goes on the inside of the letter) 2. The Date 3. The Judge’s Information 4. What the Letter Is Going to Address 5. Salutation Before you write the address on the envelope and on the letter itself, be sure you know the judge’s proper title, whether it is Chief Justice, Justice, Chief Judge, or Judge. If you are unsure, you can look up this information on the Federal Judicial Center website. 6. Body  After addressing the letter, you will start by clearly stating who you are — your first and last name — as well as your occupation and your state of residence. If you are well known in your community, your family name or place of work might make you more reputable in the eyes of the judge. Next, express exactly why you are writing. Include the name of the victim or the defendant, how you know the defendant, and why you’re writing on behalf of them. Then, state specifically what you want the outcome to be. If you are a victim or writing on behalf of one, you can write about how the crime has affected the victim physically, emotionally, or socially. Explain how the victim’s life and the lives around him or her have been changed. If you are a defendant writing your own letter requesting leniency, you should include in the letter that you accept responsibility and explain what you will do to change your life. The letter should be no longer than one page. 7. Signature When signing the letter, you should close out with “Respectfully” or “Sincerely,” followed by both a typed and handwritten signature with your first and last name. (Name) (Address) (Date) Honorable (Name of Judge) Judge of (Name of Court) Mailing Address Re: Defendant’s Name, Case Number   Dear Judge (Last Name): My name is (first and last), and I am a doctor in the state of Nevada. I am writing on behalf of my brother, (defendant) to request that he receives primary custody of his two children, (name and name). The custody hearing is scheduled for (date). My brother has been an excellent father since both of his children were born, attending every sporting event, maintaining a well-paying, steady job, and taking them to church each week. Through his divorce from his wife, he remained stable and active in his children’s lives, never wavering in his love and support for them. In addition, he has familial support including myself, our parents, and our sister. Respectfully, (Name) While we’ve covered the best way to write a letter to a judge, there are some things that are not appropriate to write about, such as evidence for a case. If you have information about a case that has not been presented to the authorities, you are responsible for contacting the police and turning over the evidence. If you are a victim and need help communicating your story, here is our guide on How to Write a Compelling Victim Impact Statement. If you or someone you care about is facing the court system, you probably have lots of questions. A local attorney can evaluate your case for free so you can get some answers and peace of mind.

How Can A Convicted Felon Receive Firearm Rights?

The Second Amendment of the U.S. Constitution guarantees the right of all U.S. citizens to bear arms except in certain circumstances. One of these circumstances is if you are a convicted felon. Felons often find it difficult to have applications for firearm rights accepted, especially if they were convicted of violent crimes. For felons with a criminal record, it is harder but not impossible to legally own a gun. They just need to go through the necessary bureaucratic and legislative processes. So, how can a convicted felon receive firearm rights? Under federal law, convicted felons lose their firearm rights, which is a decision that stemmed from a law developed in 1934. At that time, the federal government mandated that no person convicted of a felony involving violence would be able to have his or her firearm rights restores. Since the Gun Control Act was passed in 1968, anyone convicted of a felony – whether or not it involved violence – loses his or her firearm rights. However, state laws may differ from those at the federal level. Varying state by state, gun restoration laws offer convicted felons opportunities to regain their firearm rights, and in some places, it is easier than others. For instance, in Indiana, a person can petition to the courts to have their firearm rights restored, and in Kentucky, a convicted felon can apply for expungement – but not until five years after his or her sentence has been completed. All in all, if you are looking to have your firearms rights restored, be sure to look into your state’s laws to ensure you are proceeding legally, with the correct information. Depending on whether the felony was a state or federal offense, a convicted felon’s process of getting the rights to bear arms will vary. This is known as adjudication and will involve contacting the Department of Justice in the state or one of several federal agencies. Many states and agencies have an existing form for felons to apply to have their civil rights restored. Generally speaking, these forms will only be accepted if the person can prove that their life has changed and that they are reformed. The person may be required to show proof such as a steady job and ties to the community, and they may need to wait a significant amount of time before being allowed to apply. The process involves finding this form and filing it with the appropriate authorities. As previously stated, some states will allow convicted felons a second chance. Apply for felony expungement means the felon’s criminal records will be erased (as though the crime never happened), thus restoring his or her rights to purchase and carry a firearm (if applicable in his or her state of residence). Check your state’s website to determine what makes someone eligible for expungement, and discuss further with an attorney that is able to analyze your particular situation. If you are eligible for expungement in your state, you must first file a petition with the courthouse. After the proceedings, your record may be expunged, in which case you may be able to restore your firearm rights. Lastly, in some states, you may be eligible for a Petition of Restoration of Firearm Rights. Typically, the state will only consider you if you were charged with a crime unrelated to violence. Several states like California, Louisiana, New Jersey, New York, and Oklahoma will restore a convicted felon’s firearm rights if he or she receives a governor’s pardon. To receive a Governor’s Pardon, you must apply through your state of residence – but only if you are eligible. Here’s how to apply for a Governor’s Pardon. The only other federal recourse is to petition for a presidential pardon. This process requires the assistance of a lawyer and can restore a variety of civil rights including the right to hold public office in addition to the right to bear arms. It is easier to get civil rights restored if a felony conviction was given by a state court rather than a federal court. However, a problem arises when state laws conflict with federal laws, which are often stricter and may take precedence even if the conviction was ruled by state authorities. If this is the case or if a felon had his conviction given by a federal agency, they will have to file with the:   The agency will then review an application to restore the rights to bear arms. The problem then becomes that this agency is notorious for simply failing to review the documents, leaving former convicts in a sort of legal limbo while waiting for their firearm rights to be restored. This is the case even if felons were not guilty of violent crime convictions. Because laws are ever-evolving, it can be confusing and rather difficult to attempt to restore your firearm rights if you are a convicted felon. However, there are gun restoration lawyers available to provide expert and realistic legal advice when it comes to receiving your rights again. Wondering what other rights convicted felons lose? Here are six other rights convicted felons lose after committing a crime.

6 Different Types Of Alcohol-Related Crimes Explained

There are many types of criminal charges a person can face after consuming alcohol. Many depend on the jurisdiction where a police arrest was made, and some may include charges relating to the consumption of other substances. These charges range from public drunkenness to driving while under the influence. While some may result in misdemeanor charges, others may carry more serious criminal charges resulting in jail time. It is important for everyone planning to consume alcohol in public or in private to be aware ahead of time of various state and local laws which may apply to consuming too much. In most states, operating a motor vehicle with a blood-alcohol content (BAC) level of 0.08 or higher is illegal. Those driving commercial vehicles, such as trucks transporting goods, may be charged with drunk driving with a BAC of only 0.04 or higher. In some states, BAC levels which may result in a drunk driving charge may be even lower for regular drivers. For example, in Utah, a person can be charged with driving under the influence with a blood-alcohol content of only 0.05. Alcohol-related charges do not only involve driving a motorized vehicle while under the influence of alcohol, however. In some jurisdictions, riding a bicycle, a lawnmower, or even a skateboard with a BAC of 0.08 or more may result in an arrest. While most tend to think that alcohol-related charges stem from driving, the fact is that there are several other offenses which can be applied to a person who has consumed alcohol above the legal limit, and people should be aware of them before they choose to do so. Driving Under the Influence – Often referred to as a DUI, DWI, or OVI, driving under the influence of alcohol or drugs is one of the more serious charges one can garner. Wet Reckless – Reckless driving may be a crime in and of itself. However, when a driver has consumed alcohol and is suspected of reckless driving, this is known as a wet reckless in some jurisdictions. This charge may differ from a DUI in that a person’s BAC may technically be within the legal limit or considered to be right at the limit’s borderlines. Commonly cited as a misdemeanor or infraction, a wet reckless can be counted as a prior DUI conviction if a person is ever stopped for a drunk charge a second time. Whether driving under the influence or a wet reckless charge applies, alcohol-related charges typically include an arrest and a court appearance. Beyond a brief time spent in jail and the inconvenience of appearing in court, alcohol-related charges can also lead to: It is not uncommon for people to also lose employment after incurring certain types of drunk charges, too. Each of these penalties is used as hopeful deterrents to future alcohol-related crimes. Although exact charges and penalties vary from state to state, most apply a variation of all of the above. The types of alcohol-related charges and their subsequent penalties may also depend on whether it is a person’s first offense or if they’ve had previous offenses. While DUI-related offenses are the most common types of drunk charges, others do not involve a moving vehicle and may include: Merely being drunk in public may be a crime in some municipalities. Typically, these laws are enacted so that the general public doesn’t have to come into contact with people who are under the influence of drugs or alcohol. Under this category, “drunk walking” may also be considered. While not a legal charge, people walking while intoxicated are less likely to observe safety laws, which may lead to injury or death. As such, police may observe someone walking while under the influence of drugs or alcohol and stop them for public intoxication as an effort to prevent such accidents. It is no secret that bad conduct is sometimes fueled by alcohol. Laws against drunk and disorderly conduct are similar in design to those of public intoxication. People who are belligerent or who become a nuisance while intoxicated can be cited or even arrested for drunk and disorderly conduct when in a public place. Typically, this does not include social gatherings where alcohol is being served but relates mostly to places where others are not drinking and drunken behavior is considered offensive, threatening, or is causing a spectacle. The legal drinking age in most of the United States is 21 years of age. In some U.S. territories, the age may be 18 years of age. Minors found consuming alcohol before the legal age may be cited or arrested for underage drinking. Anyone found giving an underaged person alcohol can be charged with a crime. Selling alcohol to a minor or purchasing alcohol on behalf of a minor falls under this category. Also known as contributing to the delinquency of a minor, providing drugs or alcohol to a child are expressly forbidden by law. Other, more serious, offenses may not be specifically classified as types of drunk charges, but are commonly associated with intoxication and may include: Everyone consuming alcohol should be aware of the effects of consuming too much. The same applies to people partaking of mind-altering drugs, even when prescribed by a doctor. Various types of criminal charges may be applied if police stop a person suspected to be under the influence and other crimes committed under the influence can be life-altering. The acronyms used to describe the different types of drunk driving charges may also be different. Here is a brief list of those used in different municipalities: While reviewing the different types of alcohol-related charges, it is worth noting that having an open container of alcohol inside a car or truck is also illegal in most jurisdictions. This can lead to charges whether or not any alcohol has actually been consumed. In fact, currently, 43 states have “open container” laws. Under these laws, each and every adult passenger, as well as a driver, may be cited for an alcohol-related charge. Penalties for these charges may increase in severity if a vehicle crash occurred while an open container of alcohol was present inside the car or truck. While the types of alcohol-related charges can vary according to the jurisdiction where they were first applied, all charges carry some sort of legal penalty if a person is found guilty. Convictions can damage a person’s personal and professional reputation, as well as have a direct impact on employment and future earnings. Such can also be expensive as legal fees, fines, impound costs, alternative transportation expenses, and costs relating to property damages may apply. Certain types of drunk charges can certainly affect one’s ability to drive a moving vehicle in the future and some may even result in a person being jailed or imprisoned. For those of legal age to drink, being intoxicated is not a crime. However, many restrictions and responsibilities accompany drug and alcohol consumption. Being aware of these before making the decision to drink alcohol can help a person avoid serious charges and their repercussions. Anyone suffering from alcoholism or other forms of addiction should seek immediate medical attention. However, it should be noted that a person does not have to be an alcoholic to encounter one of the aforementioned types of drunk charges. For more information on the different types of drunk charges, visit our library of legal articles on this topic. If you or someone you know has been charged with an alcohol-related crime, becoming familiar with the specific types of charges in your state is recommended. Legal help should also be sought from a qualified attorney in your area who specializes in all types of drunk charges.

What Can You Do at 18 Legally?

Turning 18 is a milestone for any young adult, from gaining legal rights and responsibilities to feeling a newfound sense of freedom and maturity. While it’s an exciting time in any person’s life, it’s important to understand exactly what factors change when you turn 18 in order to establish yourself as a respected and valuable member of your community. From purchasing fireworks to registering to vote, here’s what you can legally do when you’re 18: If you’re nearing the age of 18, you have likely seen the meme circulating on social media that says “don’t grow up, it’s a trap.” Maybe you rolled your eyes or became overcome with fear — but either way, adulthood is inevitable. And while most 18-year-olds in the United States still live with their parents, they are legally allowed to do many new things upon entering adulthood. It is important to keep in mind that the responsibilities and consequences of being 18 are much more severe than they were as a minor. You are legally responsible for all of your actions, assets, and decisions. Cheers to 18 years! The 26th amendment to the Constitution, enacted on July 1, 1971, established the legal voting age for Americans as 18. You can vote in all national and local elections once you are registered to vote. As a legal adult, you can enlist or be drafted into a branch of the military. To help save the lives of others, you can register to donate blood, as well as become an organ donor. As a minor, you were only allowed to work a certain about of hours at your job because of child labor laws. But as a legal adult, you can work full-time and overtime. From scratch-off tickets to the Powerball, anyone 18 and older can play the lottery. If you work for a company that has heavy equipment or provides transportation services that require special driving permits; you can now train for and acquire a special driving license. The legal age to buy tobacco products has recently changed from 18 to 21 in some states across the US, but the majority of states have kept it at 18 years old. States that have changed the age to 21 include Hawaii, California, New Jersey, Oregon, Maine, Massachusetts, as well as 350 cities. Most states have a legal curfew for minors when it comes to the time they are able to be out driving at night. If pulled over past a certain hour, a person under 18 would receive a traffic violation. The federal government has established 18 as the age of consent to legally engage in sexual activities with another person aged 18 or older. The age of consent may be younger or older according to your state’s law. Having a job may be a requirement for loan approvals. Credit card companies are known to target the younger crowd. You can apply for your first credit card without a cosigner once you turn 18. Before eighteen, you have to have a parent accompany you when you go to get a tattoo or piercing. If you aren’t happy with the name your mom and dad gave you when you were born, you can now name yourself something different by filing a petition in the local civil court. Anyone who is 18 years or older and mentally competent can file a lawsuit. When you turn 18, you can get married without parental approval in 48 of the 50 states. Mississippi requires you to be 21, and Nebraska requires you to be 19 before you can get married without parental consent. Legally, you can adopt both a puppy and a child when you turn 18. Your likelihood of getting approved for either, however, is another story. While it seems like a far stretch, it’s a great idea to develop a Will earlier in life to ensure your assets are accounted for if anything were to happen to you. For obvious reasons (graffiti, safety, etc.), there are certain items you cannot buy until you turn 18 years old. Now that you can apply for a loan and work full-time, you can also purchase more expensive investments like land, a home, or a vehicle. Unless you apply for emancipation, you are legally supposed to be living at home with your parents until you are of age to move out. 1. If you are a male, you are required to register with the Selective Service System within 30 days of turning 18. According to the law, you can be prosecuted if you do not register. If convicted, you can be fined up to $250,000 and/or spend up to five years in jail. 2. As a legal adult, you are now responsible for your actions. If you violate any law, you will be charged as an adult. 3. You can be selected for jury duty. 4. You are legally obligated to pay all debts you incur. While turning 18 comes with many new opportunities, rights, and responsibilities, there are a few restrictions that have yet to be lifted, like purchasing and drinking alcohol (21 years old), purchasing tobacco products in some states (21 years old), going to a casino (21 years old), and renting a vehicle (20 to 25 years old). For more details on your rights and responsibilities as a legal adult, check out additional information on Privileges of Turning 18. Now that you’ve turned 18, the stakes are higher. If you have a legal matter that you need help with, get a free case evaluation from a local attorney.

What Does Fed OASDI/EE Mean on a Paycheck?

OASDI/EE is an acronym meaning, “Old Age, Survivors and Disability Insurance/Employee Expense.” It is, however, also known by a much more common name — Social Security. The program began in 1935 with the Social Securities Act and is a wide-reaching program that affects many Americans every year. Benefit payments paid through the Social Security program are financed through the OASDI/EE tax on employees and employers (employers must match the percentage paid be each employee). The Fed OASDI/EE tax provides the funds to pay out Social Security benefits. These benefits cover a wide range of recipients and causes:     There are different types of benefits under the OASDI/EE (Social Security) umbrella. Paying the OASDI/EE tax does not necessarily automatically make an individual eligible for Social Security retirement, survivors, and disability benefits, but it does affect how much of those benefits an individual is able to collect upon becoming eligible.    To qualify for Social Security benefits, an individual must earn a certain number of credits over time. These credits are based on earnings and, combined with work history, are used by the Social Security Administration (SSA) to determine eligibility for retirement and disability benefits or a family’s survivors benefits.    In 2021, an individual receives one credit for every $1,470 of earnings up to a maximum of four credits each year. Every year, the amount of earnings required to gain a credit goes up a small amount to reflect the increase of average earning levels. As outlined by the SSA, here is some eligibility information for various types of Social Security benefits:   Retirement Benefits: “Anyone born in 1929 or later needs 10 years of work (40 credits) to be eligible for retirement benefits.”   Disability Benefits: “How many credits you need for disability benefits depends on how old you are when you become disabled.   Survivors Benefits: “When a person who has worked and paid Social Security taxes dies, certain members of the family may be eligible 4 (over) for survivors benefits. Up to 10 years of work is required to be eligible for benefits, depending on the person’s age at the time of death. Survivors of very young workers may be eligible if the deceased worker was employed for 1½ years during the three years before his or her death. Social Security survivors benefits can be paid to:    In general, Social Security benefits fall under three categories: Retirement benefits are available for workers 62 and older or who have earned at least 40 Social Security credits. While there are many intricacies retirement benefits, two aspects are particular important to note — average indexed monthly earnings (AIME) and full retirement age (FRA).   Along with the age at which an individual begins collecting benefits, the AIME determines the size of the benefit checks. The Social Security Administration calculates this amount. According to the SSA:   “When we compute an insured worker’s benefit, we first adjust or “index” his or her earnings to reflect the change in general wage levels that occurred during the worker’s years of employment. Such indexation ensures that a worker’s future benefits reflect the general rise in the standard of living that occurred during his or her working lifetime.   “Up to 35 years of earnings are needed to compute average indexed monthly earnings. After we determine the number of years, we choose those years with the highest indexed earnings, sum such indexed earnings, and divide the total amount by the total number of months in those years. We then round the resulting average amount down to the next lower dollar amount. The result is the AIME.” — Social Security Benefit Amounts, Social Security Administration    An individual must wait until their Full Retirement Age (FRA) to collect standard benefits based on their AIME. For people born between 1943 and 1954, the FRA is 66. The age then increases by two months every year after 1954 until reaching age 67 for people born in 1960 or later. Social Security disability benefits for adults 18 years old or older who can’t work because of a physical or mental disability that is expected to last more than 12 months or end in death. The 40-credit threshold isn’t always necessary to collect these benefits and the amount of each check is determined by average lifetime earnings. This means someone who worked longer before becoming disabled will collect more in benefits than someone who worked for a shorter time.   The application for Social Security disability benefits should be followed closely to ensure a timely decision. The general process for applying (as collected from the Disability Benefits section of the SSA website) is:   Social Security survivors benefits are for family members of deceased workers who were collecting or who were qualified for Social Security. Spouses 60 or older (50 or older if they’re disabled) can claim these benefits and spouses of any age can claim these benefits if they are caring for the children of the deceased. Ex-spouses can also claim these benefits if they were married for at least 10 years and have not remarried.    Children of the deceased are eligible for benefits if they are 18 (19 if still enrolled in high school) as are disabled children of any age if they became disabled before age 22. Parents of the deceased may also be eligible for benefits if the deceased was providing at least 50% of financial support before death. Each year, there is a limit to the amount of earnings subject to the fed OASDI/EE tax. This calculated by a response to changes in the national average wage index. There is also a “taxable maximum.” The taxable maximum is the limit of earnings that are taxed.    The fed OASDI/EE 2021 tax rate is 6.2% with a taxable maximum of $142,800 (an increase from 2020 taxable maximum of $137,700). This means 6.2% of your wages are taken out of your paycheck and put toward the OASDI/EE program. It also means an employer must match that 6.2% for each employee. With the maximum taxable amount of $142,800 and the tax rate of 6.2% in place, an individual earning $142,800 or more would contribute $8,853.60 to the OASDI/EE program in 2021.               Those who are self-employed, such as freelancers, business owners, and independent contractors, have to pay 12.4% of their gross income to Social Security. This accounts for both the employer (6.2%) and employee (6.2%) share of the Fed OASDI/EE tax. However, there are certain tax deductions self-employed people can claim to avoid paying as much in taxes.   It’s important to remember that the maximum taxable amount does not change for an individual who is self-employed — just the OASDI/EE tax rate itself. Let’s take a look at the breakdown of individual 2021 fed OASDI/EE taxes and payment limits for self-employed individuals again.         Whether you are employed by a company or are self-employed, knowing where you stand when it comes to income taxes is extremely important to avoid under or overpaying the IRS.  When Fed OASDI/EE tax rates increase, it reflects a cost-of-living adjustment (COLA) for citizens on Social Security. The size of the COLA depends on inflation rates. As prices of necessities go up, individuals receiving Social Security need to have their benefits increased to keep up with the cost of living.   Employees need to remember that that Fed OASDI/EE tax is completely different from federal income taxes. The federal income tax is just what it sounds like. It is the amount of your income that is taxable. Federal income tax is determined by how much you earn and how many dependents you claim. For example, an individual can claim themselves, their spouse, and each of their children as dependents.   The federal government uses withholding tax to fund food stamps, housing assistance, national defense, meals for school children, and energy assistance. Federal income tax also pays for infrastructure and research.   A 1.3% COLA went into effect on December 31, 2020. For a look at the history COLA amounts throughout the years, consult this chart from the SSA. The fed OASDI/EE tax amount can change annually, and the amount is set by law. The taxable maximum, however, changes based on fluctuations in the national average wage index. Because of these    The fed OASDI/EE 2021 tax rate is 6.2% (and has been since 1990) and the taxable maximum is $142,800. 6.2% of earnings are taken out of a paycheck and put toward the OASDI/EE program. It also means an employer must match that 6.2% for each employee.   If the taxable maximum changes in 2022, an individual’s total contribution amount could also change depending on their earnings. It’s also possible, however, for an individual’s fed OASDI/EE tax contributions to change during the year.   For some individuals, it can be possible to see changes to the amount of earnings taken out of a paycheck over the year. The most common reason for this change is because of reaching the maximum taxable amount for that particular year.   For instance, the maximum taxable amount for Fed OASDI/EE in 2021 is $142,800. That means 6.2% (the Fed OASDI/EE tax rate in 2021) of an individual’s earnings is taxed up to $142,800. If, throughout the course of the year, an individual’s earnings exceed that $142,800 maximum taxable amount, it’s possible to see an adjustment on the earnings afterward. Yes, OASDI/EE tax is mandatory for the majority of both employees and employers. There are certain exceptions, but they typically don’t apply to the average individual. These include:   Yes, OASDI/EE (along with the Medicare tax, Fed Med/EE) is what is generally referred to as federal withholding tax. These taxes are funds that are remitted by a payer (usually an employer) on a payee’s behalf (usually an employee). The 6.2% OASDI/EE tax is part of that process.   OASDI/EE taxes are based on a flat percentage of an individual’s salary (6.2% in the case of 2021) and do not allow for any deductions like one might apply to income tax. Because of this, refunds on OASDI/EE taxes are uncommon — but not impossible.   If an individual’s maximum tax amount is reached by wages earned by one employer ($142,800 for 2021) and that same individual earned more wages from another job, OASDI/EE taxes would still be taken out of the second position’s earnings. Because this amount would exceed the maximum tax amount, that individual would need to file for a credit on their tax return.    As outlined above, needing to file for a refund on OASDI/EE taxes is fairly rare. There are, however, instances in which an individual will need to file for a refund if the maximum taxable amount was reached and more OASDI/EE taxes were paid.   In these circumstances, the overpaid amount must be filed in the individual’s tax returns. This is done on Form 1040, Line 71 — Excess Social Security. By adding up the amount of OASDI/EE taxes on each W-2 an individual receives and then subtracting the maximum taxable amount from that total ($142,800 for 2021), the amount of Social Security tax credit can be calculated. Because of the COVID-19 pandemic, a plan was put into place allowing employers the option of deferring OASDI/EE taxes from September 1, 2020 through December 31, 2020. While the original notice required employers to pay the deferred taxes ratably from employee taxes from January 1, 2021 until April 30, 2021, the IRS announced a new timeline in January 2021. The Consolidated Appropriations Act, 2021, (signed into law on December 27, 2020) extended that pay period to the entire year of 2021 — January 1, 2021 through December 31, 2021. Payments made by January 3, 2022 will be deemed timely due to December 31, 2021, being a legal holiday. Penalties, interest, and additions will now start to apply on January 1, 2022, for unpaid balance.   If an individual’s OASDI/EE taxes were deferred by an employer, the collection of those taxes could have already begun. An employee in such a position should contact the payroll department for information on the exact collection schedule.

What Is a Police Welfare Check?

If you have a family member, friend, or neighbor that you are concerned about, it may be time to contact the police to do a welfare check. Whether it is an elderly person that may have passed away in their home, a person having suicidal thoughts, or a neighbor that appears to be in danger, a wellness check can be a lifesaver. In this article, we will discuss what a welfare check is, when it is appropriate to request one, and how to ask the police for one. A welfare check, also known as a wellness check, is when police stop by a person’s home to make sure they are okay. Requests for welfare checks are made by friends, family, and neighbors, typically after someone unexpectedly stops answer their phone or getting in touch with others. Most people think of the police as patrolling the streets looking for wrongdoers or responding to calls. What many people don’t realize is that the police in their community are also available to conduct welfare checks. This essential law enforcement function is an important tool for building safe communities. Wellness checks were once associated with the elderly, but have recently been a critical tool for the safety of many young people in the country. With the rise in suicide rates among adolescents and young adults, police are doing welfare checks more and more often for those who are at risk of taking their own lives. Here are common reasons to contact the police about a wellness check are: Regardless of the situation, it is important that you are certain a loved one is in danger before you request a police welfare check. The first step is to get in contact with local law enforcement authorities. You may call 911 if you have reason to believe that there may be an emergency situation in progress. However, you can also contact the police through a non-emergency phone number. Either way, you will need to get in touch with the local police department in the person’s town where the welfare check will be conducted. If you live in that same area, you may be permitted to accompany the authorities. It is also possible to request a welfare check in another jurisdiction. For instance, if a relative living in another state has not responded to your attempts to contact them for some time, you may want to ask for a welfare check at their residence. It is important to proceed with caution. You’ll want to be reasonably certain that your relative’s behavior is out of character and have reason to believe that something is truly amiss before calling the police. No court order is required for the police to conduct a welfare check. Essentially, as long as they have reasonable grounds to believe that an inhabitant in a residence in endangered, they can legally enter the premises. They typically knock on the door and await a response before announcing their law enforcement affiliation. If they still receive no response, they may enter the property. This is particularly useful when someone inside the house is unconscious or otherwise unable to respond. The ability to enter the property without permission means that emergency aid can be rendered. In some cases, this is a life-saving intervention. At the time of the call, most people don’t think about what’s to follow after the authorities check on the individual. If the police go to the location and find that the person is in good health — and it was likely a miscommunication why you were unable to get ahold of him or her — they will notify you to let you know. However, if the police find the person injured, sick, or already deceased, they will call for medical assistance immediately, as well as contact you to come to the scene (they will stay at the home until you arrive). And lastly, if the individual is found dead and there was any foul play involved, a criminal investigation will follow. And while there are countless reasons why someone may request a police welfare check, the most common reason is to check on an elderly person who lives alone. If you’ve never requested a welfare check or experienced one yourself, you may have seen this topic covered on the news. One of the most broadcasted police wellness checks was done at actor and comedian Pete Davidson’s home. Most people know Davidson for his time on Saturday Night Live, as well as his short engagement to Ariana Grande. Following their split last winter, Davidson shared some disturbing thoughts via Instagram, prompting someone in his life to call the police and ask them to check on him. Davidson posted the following cryptic message: “I really don’t want to be on this earth anymore, I’m doing my best to stay here for you but I actually don’t know how much longer I can last. All I’ve ever tried to do was help people. Just remember I told you so.” Fortunately, an officer from the New York Police Department did a wellness check and later reported that Davidson was out of harm’s way. Another welfare check that made the news recently didn’t end as well as Davidson’s. According to CNN, a wellness check went “deadly” when police went to check on 28-year-old Atatiana Jefferson in her home after a neighbor requested a welfare check for her. Upon arriving at her home, an officer shot and killed Jefferson. Are you having difficulty with a family matter? Have your case evaluated for free by a local attorney who can help you take the next steps.

The Legalities Of Hate Speech

Often discussed on a variety of platforms, hate speech and the legalities associated with it can be a hotly debated topic. Hate speech is loosely defined by laypersons as any offensive speech targeted toward people based on race, religion, sexual orientation, or gender. Opinions about how such speech should be handled by legal authorities vary. Few seem to be familiar with the actual legalities of hate speech, and it is not uncommon for it to be confused with other crimes where hatred is believed to be a motivating factor. In the United States, there are no laws against hate speech. Due to rights protected by the U.S. Constitution’s First Amendment, a person can say just about anything he or she wants to another person or group. By itself, such speech is allowed to take place without penalty under the law. A person hurling insults, making rude statements, or disparaging comments about another person or group is merely exercising his or her right to free speech. This is true even if the person or group targeted by the speaker is a member of a protected class. According to U.S. law, such speech is fully permissible and is not defined as hate speech. Under the First Amendment, American citizens have the legal right to say whatever they’d like to. While much ado is often made about so-called “hate speech”, no satisfactory definition for this type of speech exists within the confines of the law. Not to be confused with “hate crimes,” a person’s speech does not affect another person’s physical condition or personal property and is, therefore, not punishable by law. There really aren’t any exceptions to this rule, but there are accompanying circumstances which can lead to a crime. For example, harsh words can feel threatening, and such a threat may result in criminal charges. Depending on the jurisdiction where the threat takes place, charges can range from a terrorist threat to harassment to criminal assault. For example, a person who makes bigoted statements while threatening bodily harm to a person of the Muslim faith can be charged with a crime. Charges would not be brought about simply due to any insulting language used, but charges may be applied because it is illegal to make threats against a person. For the same reasons, this would also include inciting violence against a group being discriminated against. Again, it is not the speech that is deemed to be illegal, but rather what the speech is threatening or encouraging others to do. It should further be noted that individuals employed by the Federal Government are not allowed to discriminate against any members of a protective class. Therefore, any speech representing hostility or disdain for a member of a protected class, may not be illegal but may result in the dismissal of the employee making such statements. Members of a protected class are identified by: If allegations of hateful speech are proven, a person found guilty of discriminating against one of the above groups would not be legally charged with hateful speech but could be declared guilty of discrimination and summarily dismissed from work. A 1969 U.S. Supreme Court case ruled it was perfectly legal for Clarence Brandenburg, a Ku Klux Klan member in Ohio, to speak in favor of violence toward minorities as long as he was not directly encouraging people to engage in violence or other activities that were against the law. So, while the court did not deem his speech to have broken the law, a line was drawn between speech supporting or favoring violence and speech that actually directly incites violence. The former is protected by law, but the latter is an actual crime.   In 2011, the U.S. Supreme Court ruled against Westboro Baptist Church being punished by way of a civil judgment for actions many Americans deemed to be hateful. The church based in Topeka, Kansas, is known for showing up at the funerals of gay people and others whose lifestyles the church vehemently opposes, taunting and ridiculing grieving loved ones at the funeral services. They accomplish this by picketing outside with large signs displaying hateful rhetoric, as well as by shouting slurs and insults, and even by giving provocative media interviews using language mimicking what is displayed on their signs. Despite the public’s demands for local law enforcement to stop Westboro Baptist Church from spewing such offensive language and ideas, the Supreme Court insists that their right to free speech is fully protected under the law. Some Americans have advocated in favor of the creation of hate speech laws. Resistance to the adoption of such stems from a failure to clearly define what hate speech actually is, though. Activists have also been challenged to clearly separate hate speech from free speech without infringing on a person’s right to the latter. While the United States Constitution can be amended as it has been many times before, no one has yet been able to solve the difficulty of doing so as it applies to hate speech. Doing so would require taking away a person’s right to free speech. A single and solid definition of hate speech, which does not violate the First Amendment, continues to be difficult for courts to accept and probably will be for some time to come. A person’s speech can be used against them in establishing the occurrence of a hate crime. In some cases, it can be argued that a person’s offensive speech is literal evidence of a certain type of crime. For example, if a person is repeatedly called a racial slur, no crime has been committed. However, if the person is then assaulted by the person making those slurs, it can be argued that disdain for the person’s racial identity served as a motive for the crime against them as evidenced by the language used preceding or during the assault. If the assailant was found to be guilty and it is proven that their actions were motivated by bigotry, the offender could be charged with a hate crime. Making sense of the difference between hate speech and hate crimes hearkens back to early childhood when we all learned about sticks and stones. Actions causing harm to person or property are a crime. Name-calling and degrading speech are not. Unless or until speech directly encourages or includes harm to a person’s body or property, it is protected as an American right. Outside of the U.S., countries like Austria and Germany have strict laws against hate speech. Certain Neo-Nazi groups have found ways around anti-hate speech laws in those countries when it comes to disseminating information on the Internet. Using servers based in the United States, these groups have created websites filled with hateful rhetoric. Such sites would be illegal if associated with servers based in their home countries, but as they exist on American servers, they are completely protected by the First Amendment. Russian citizens, in particular, have struggled with differentiating free speech from hateful speech. In less than a decade, multiple laws have passed making it difficult for Russian citizens to speak publicly, especially via social media, about any discontent with the country’s government or even with certain religious authorities, such as the Russian Orthodox Church. While Russia’s Constitution shuns censorship and claims to protect freedom of thought and expression, those espousing critical viewpoints may be subject to a fine, community service or prison. To hate a person or group is not a crime in America. To voice one’s hatred is not a crime, either. Hate speech is very difficult to separate from mere opinion, and without a definition everyone can agree upon, words and statements may be interpreted by some as offensive while others may find the exact same speech perfectly acceptable and cite one’s freedom of expression. If you still have questions about hate speech, including how it may be used in determining a hate crime, you may read more about the First Amendment or consult a civil rights attorney in your area.

Why Do Policemen Touch Your Tail Light When They Pull You Over?

Whether or not you have ever been pulled over in your vehicle by a police officer, you have probably wondered about this age-old strategy: policemen touching tail lights when they pull you over. This occurs when a police officer gets out of his or her vehicle and approaches yours, but rather than heading straight to your window, the policeman will touch your tail light first. Rest assured this practice is completely legal and common, dating back decades — at first being implemented to mitigate the risk that police officers are often exposed to when practicing traffic law. So why do cops touch tail lights, exactly? While most times a police officer approaches a vehicle, nothing out of the ordinary will happen. But, there is always the risk of danger, especially with violence against police increasing each year. Police need to be able to examine a vehicle quickly before approaching it, and touching/tapping a tail light can tell cops a lot about the person being pulled over. For instance, this tactic can give the officer an idea of the driver’s mental state. Did the driver get startled when the officer touched the tail light, or were they too distracted by something else? Are they driving under the influence or hiding a weapon? These are questions officers must consider in the moments before approaching the driver. And while there are several theories about why cops touch your tail light, here are a few of the most common reasons. Inevitably, police officers are going to run into unsafe situations when they pull people over. Sometimes drivers will have illegal substances or prohibited items in their cars like guns, ammunition, or drugs. Naturally, if the driver does have something illegal in the vehicle, he or she will want to hide it before the officer approaches the window. So, one of the reasons why cops touch tail lights is to startle the person inside. The driver is likely not expecting the noise of the tap, which typically causes him or her to stop for a moment, giving the police officer additional time to witness what the driver is trying to hide (if there is anything). The continuous practice of this surprise tactic has proven: However, the practice of touching the tail light of vehicles can put our police officers in a risky situation. This is because this practice exposes the police officer’s position making him or her susceptible to attack. Originally, another reason why cops touch tail lights was to leave their fingerprints on the vehicle. In case the officer found himself in a dangerous situation while pulling over the subject vehicle, fingerprint evidence would prove that he or she was present at the scene. The fingerprints would only be utilized if the interaction between the driver and the cop led to a criminal investigation, like a car accident or shooting. However, this isn’t always a surefire way to help an investigation some since the fingerprints can be smudged or tampered with, as well as washed away by rain or snow. More often than not, there are better ways for police to obtain evidence from a vehicular crime scene than the fingerprints on the car. Police officers put their lives at risk everyday on the job and must be prepared for danger and violence to arise at any moment. While tapping a tail light may startle a driver and leave evidence on the vehicle, there is another tactic cops use. If the police officer believes they are in a dangerous situation as they pull you over, they may touch the backend of your vehicle on the way to your window to make sure the trunk is latched. It might sound bizarre, but this tactic ensures that no one is hiding in the trunk and could pop out. If a police officer does check that your trunk is shut, they will typically have their partner with them. One officer will check the trunk, while the other approaches your window. This is to ensure the safety of the officers and make sure the driver is not able to get away with hiding anything or obtaining a weapon while the officer is checking the trunk. Due to the rampant crimes that happen on the road, officers are exposed to greater danger than in the past. In lieu of this practice, our law enforcers, instead, have adopted new technology in implementing traffic rules. Now, there are security cameras installed on almost every corner of the road, and it’s standard for all cops to have dash or body cams recording live video of the vehicle and every interaction that happens between the driver and the officer, eliminating the original reason tail tapping was ever implemented. Some police departments still instruct their officers to leave some form of fingerprint evidence on the car, but it does not have to be a tail light. If you get pulled over and the officer still touches your tail light, it’s likely out of habit rather than necessity. Cops touching your tail light as they pull you over seems like an innocent strategy, but is it actually compromising their safety? With violence against police happening more often than ever, tail light tapping could cause officers to be in danger. F or instance, some police departments will instruct their officers not to touch tail lights at all, while others tell them to only touch the side of the vehicle, not the very back. Touching the tail light could put the officer right behind the vehicle, which would put them at risk of being hurt if the driver puts the car in reverse. As morbid as it sounds, these things happen, and officers must always be prepared for the worst as they approach any vehicle. To learn more about traffic law, check out what happens when you get pulled over without a driver’s license. If you’ve been pulled over by the cops and have questions about a ticket you received, get a free case evaluation by a local attorney to learn about your options.

Five Tips To Help You Write An Effective Hardship Letter

There are many homeowners in the United States who are struggling to make their mortgage payments. One option available to people is a government program that offers borrowers the opportunity to modify their current mortgages to reduce their interest rates and, in some cases, forgive part of the outstanding principal balance. Another option is to sell the home in a short sale in which the lender is asked to agree to accept less than the principal balance owed on a mortgage. Under either option, banks require a hardship letter as part of the process. A well-written hardship letter can help you to avoid foreclosure and obtain a fresh start. However, poorly written letters can cause a lender to deny a borrower’s request for a loan modification or for a short sale. The following three tips will help to make your hardship letter stand out and lead to a favorable response from your lender. Writing a hardship letter that explains how the value of your home has declined – and that your mortgage balance exceeds the value of your home – is not going to convince your lender to accept less than the full amount you owe when you sell the home. Equally ineffective is writing a hardship letter that asks a lender to modify your loan to reduce your monthly payments simply because other people you know got them from their banks. Instead, explain how your financial circumstances have changed since you took out the mortgage. Examples of situations that banks might consider as being hardships include: Interest rates have been relatively low in recent years, but if rates begin to rise, homeowners with adjustable-rate mortgages might use that as a factor in their hardship letters. Depending on the terms of the original mortgage, higher interest rates could lead to unaffordable monthly payments. The person reading your hardship letter doesn’t want to receive a novel. The letter should be concise, stating what you are requesting, followed by the hardships you are experiencing. Each hardship should receive its own short paragraph (up to four sentences) to keep things brief and to the point. Be clear about what you’re asking for in the hardship letter. The purpose of the letter is to show your bank that you are on the brink of total financial collapse, so you want it to honestly reflect the dire situation you are experiencing.  Forget the thesaurus and the fancy words, and write it using your own language. Write it so it sounds like you are talking directly to your banker. Along the same lines as being concise, you need to be straightforward about what you are requesting. For example, you might state that you need a reduced interest rate or a loan modification to make making your monthly payments possible. Banks also want to read that you have tried to resolve your financial difficulties before coming to them for help. If your hardship is unemployment, give your lender the details about your efforts to find a new job. For instance, someone who went back to school to train for a new career after losing a job should explain the circumstances in the letter. Along with your letter, you should attach the appropriate documentation to support your request. If your hardship is a divorce, send a copy of the divorce order. Or, if it’s a medical issue, you may send copies of your medical bills. Best Way to Write a Professional Letter to a Judge If you are experiencing financial troubles, you want to explore all of the options that are available to you to resolve them. Loan modifications and short sales are only two options, but there could be more depending on your circumstances. A consultation with an attorney might be helpful to learn about your options and get help with your hardship letter.

How to Find an Inmate’s Release Date

An inmate’s release date is accessible to the public and can be obtained with a phone call or internet search. Whether you are a family member planning a homecoming — or you’re a victim of a crime committed by the inmate — knowing when he or she will be released is valuable information. To do so, follow these quick and easy tips on how to find an inmate’s release date. To make searching for an inmate’s release date as easy as possible, you will need to know a few key details about the person. Aside from their name, you should know the name of the prison or jail, and whether it is a federal, state, or county facility, which you can easily uncover if you know the name of the prison. It’s also helpful to know the prisoner ID number. The prisoner’s age, gender, and race will help if the inmate’s name is a common one. These details can help you narrow down the search results. If you don’t know where the inmate is located, or any other pertinent information about him or her, you can start by looking it up. As long as you know the state where the inmate is incarcerated, you can use VINE (Victim Information and Notification Everyday). It offers details like inmate/offender ID, date of birth (DOB), race, gender, custody status, location, and sometimes the scheduled release date. Once you have the inmate’s information, you can move on to the next step to find out his or her release date. If the inmate you are looking for is incarcerated in a state facility, visit that state’s Department of Corrections (DOC) website and look for the online search function. It varies by state, but some Department of Corrections sites have advanced search functions. If so, you sort thorough physical descriptions and the offense. A detailed search query can quickly narrow down the results, especially in states with large prison populations. To find the DOC release date search function, type the state, followed by “DOC release dates” into your search engine. Some states will refer to these search functions as “Offender Locator,” “Offender Database Search,” or “Search for Inmates.” If the state’s website does not have an online search feature, there will be a phone number to call and find out the release date or other prisoner information. If the inmate is incarcerated in a smaller facility — like a county jail — your best bet is to give the county clerk a call and ask. However, some county and city jails have online search functions, as well. These search queries are similar to the Department of Correction’s functions, but there will be fewer results to sift through. Simply type the county followed by “inmate release” into your search engine. Some jurisdictions will refer to their search function as “Inmate Release Information Search,” “Inmate Locator,” or “Jail and Arrest Information.” These databases will house information like inmate release dates, inmate housing information, court dates, and criminal charges. Information about inmates is typically updated in the county’s database every 24 hours. Note: Not all county facilities will provide inmate release dates. It may be against their policy to share this information with the public. The Federal Bureau of Prisons website has a “Find an Inmate” page that makes it easy to locate an inmate in any federal prison. With fairly limited functionality, users can search by the inmate’s ID number from: There is also a name search option that provides opportunities to enter information about the prisoner’s race, age, and sex to make the search more efficient. The website notes that federal inmate release dates are subject to change based on the First Step Act, which allows prisoners to be eligible for early release or reduced sentencing based on good conduct. Keep this in mind if you are preparing for an inmate’s release. Note: Any inmates incarcerated after 1982 are entered into this system. Even if you know when an inmate’s release date is, it’s subject to change. Sometimes the inmate’s charges are dropped. Other times they can be released from the facility into a program or on bond. Rather than constantly checking to see if the release date changed, you may want to be notified. Just like you can search for an inmate through VINE, you can sign up to receive notifications if an incarcerated person’s status changes. VINE is a very popular, reputable resource to use for inmate release information. Another way to be notified about a prisoner’s release is to go through the Department of Corrections Victim Services. You will be contacted over the phone or by mail. Generally, to be eligible to receive these notifications, you must be the victim of a crime the inmate committed or an immediate family member of the victim. Another way to find an inmate’s release date for free is to simply ask them. Most inmates will find out when they are being released once the facility knows. If the inmate is a friend or family member, and your relationship is in good standing, this is a reliable option so you are able to plan accordingly for their release. So, you’ve gone through all the trouble to find out when an inmate’s release date is. Maybe you’ve planned a special homecoming for a family member. Or maybe you are concerned about your safety when the inmate is released. Either way, it’s helpful to know if an inmate’s release date changed. Prisoners can, in fact, be released earlier than their original release date if they are out on parole. However, federal inmates, repeat offenders, or prisoners who were arrested for violent crimes typically are not eligible for parole. But they may be able to get a reduced sentence as a result of good behavior. If an inmate’s release date changes, it will be processed and updated in the jail or prison’s database. If you are looking for information about someone who may have been arrested, here is the best way to find someone in jail for free. If you or a loved one are concerned about an inmate’s release date, you should take action. A local attorney can provide a free case review so you can learn what your next steps might be.

Where to Find Recent Arrests

To determine where to find recent arrests, start on a local police department’s website. Other law enforcement agencies may also be useful, but choosing one largely depends on the level of crime a person has been arrested for. In some cases, it may be necessary to make a phone call or an in-person visit to a government office to obtain recent arrest details. In many jurisdictions, however, the same basic information is made available to the public online and free of charge. Knowing where to find recent arrests can save time when looking for a loved one. Once a person has been taken into custody, they will need to go through a formal booking process. Still, knowing where to find recent arrests can be incredibly helpful for family members and friends who wish to offer fast bail assistance if the option is there. Personal relations are not the only reason a person may want to know where to find arrests, however. Individuals who live in an area or who are considering moving to a certain area may also have an interest in finding out who has been arrested in their city or town and why.  All arrests are considered public information. Exceptions do apply, however, in that sealed records or arrests related to crimes threatening national security may not be readily available to the public. Those who work in law enforcement or are officers of the court are granted access to recent arrest information, even for individuals who have sealed records. Others, who have secured a warrant allowing access to these records, may also view sealed arrests. If an arrest is very recent, it may not yet appear at the time of an initial search. Some jurisdictions are swift in updating this information, while others may take a while longer. Updates may take up to several hours depending on the reporting systems being used. In addition to a local police department, recent arrests involving felony crimes may also appear on county or state websites. For people arrested for federal crimes, this information may appear on the Federal Bureau of Prisons website. Inmates suspected of crimes involving the nation’s security may be held at a Communication Management Unit (CMUs). These specialized prisons house inmates who are not able to communicate with people outside of prison or other inmates. Among other purposes, such strict monitoring is often an attempt to prevent further crimes, determine possible accomplices who may not yet be in custody, and gather information about the alleged crime. When seeking where to find recent arrests, it may be more difficult to find arrest information involving a person held in custody at a CMU. While most CMU inmate information is available to the public, some may be kept private for security reasons. If information is not readily available, it may be necessary to contact an attorney or other officer of the court to determine if an arrest has been made and, if so, where the inmate is being housed. A bail bondsperson may also know where to find arrests. People in this line of work often employ the help of private investigators and others who have inroads to information on arrests and custody matters. Most people will only hire a bail bondsperson when they know for sure that a person has been arrested and that a judge has set a bail amount for their release. If special circumstances exist and one is finding difficulty determining if an arrest has been made and where a person is being held, a bondsperson may be of valuable assistance. Phone calls or an in-person visit to a police department can also offer information on recent arrests. While information pertaining to arrests and releases are often available on local law enforcement websites, processing and publishing such information may take time. For those who do not want to conduct an internet search, a phone call or a personal visit will provide the same results. This will especially be necessary for arrests made in jurisdictions who do not offer access to this information on a public website. For those looking for a specific individual who may have been arrested, being prepared with the following information will help: If an exact date of birth is unknown, some websites will allow the search of a person’s approximate age. For example, if a person is approximately 40 years old, a system may process a search for people between the ages of 38 and 42 years old with the matching identifiers listed above. When this type of search is allowed, be aware that results may return multiple inmates with matching names within the same age range. Often, a person arrested for a misdemeanor crime will be released within hours after they have been booked into a jail. Known as a “cite and release,” this is common for people arrested for crimes like driving under the influence of alcohol or public drunkenness. In these instances, people are given a citation and trusted to appear in court to formally address the charges against them. When trying to locate a person given a cite and release (sometimes referred to simply as a “cite release”), it is helpful to also search for people recently released. If such a search is not readily available on the web, a phone call to the police department or local jail will be necessary. While researching where to find recent arrests online, people will inevitably stumble upon websites that charge for such a service. It bears repeating, then, that recent arrest information is offered to the public for free. When finding difficulty accessing recent arrest information or when one simply does not want to take the time to do so independently, a paid service may come in handy. It should also be noted that the sealed records of minors and others who have had their records expunged are only accessible to law enforcement and other specific officers of the court. Steer clear of anyone selling access to sealed records, as doing so is illegal. If you are intent in knowing the arrest details involving someone who has a sealed record, contact an attorney to inquire about the process involved in requesting a court order to view sealed information. If an attorney agrees to help, she or he will negotiate a fee for doing so. While knowing exactly where to find recent arrests is undoubtedly helpful, it should be noted that an arrest does not necessarily mean that a person is guilty of a crime. Many who are taken into custody are later released due to a lack of evidence or a variety of other reasons leading police to believe they are not guilty of any crime whatsoever. While just about all recent arrests may be found in a search, some will never lead to an actual conviction. It is important to keep this in mind when trying to assess someone’s character or even when seeking to determine information about crimes committed in a particular area. Friends, family members, and concerned citizens should know where to find recent arrests as quickly and easily as possible. In general, local, state, and federal agencies make looking for free arrest records pretty easy to do online. Knowing where to find recent arrests can also prove useful to those who are concerned about their neighborhood’s safety. For additional questions about where to find recent arrests, contact your local law enforcement agency or a qualified attorney. You can also get a free case review to learn about additional legal options that are available to you.

How to Write an Affidavit

An affidavit is a statement made under oath, claiming that a fact – or set of facts – is true to the best of the “affiant’s” knowledge. This sworn statement of facts is provided to the Courts or other government agencies to aid in proceedings like divorces, custody battles, and division of estate matters. Affidavits are usually sworn to before a Notary Public or before another officer that has authority to administer an oath. If false testimony was given in an affidavit form, the affiant, or the person who executed it, exposes himself against prosecution for the crime of perjury or giving a false statement under oath. Keep in mind, there are situation-specific affidavits that may best serve your purpose for writing one, which is outlined at the end. However, to write a non-specific affidavit that can be used to serve nearly any purpose – follow the steps, below. While the above affidavit format serves many purposes, there are situation-specific affidavits to keep in mind that might serve you better. Some of the most common types of affidavits are: Financial Affidavit – This type of affidavit proves facts like annual income and assets, and is commonly used for divorces. Affidavit of Heirship – An Affidavit of Heirship deals with proving the property, liabilities, and assets of a family member who has passed away. Affidavit of Support – To prove that an immigrant has the financial means to support themselves (usually with the help of a spouse or another person), an Affidavit of Support is used. Child Custody Affidavit – Another affidavit commonly used during a divorce is one for child custody. This helps determine the child’s living situation by giving both parents a chance to explain why they should have custody. Small Estate Affidavit – If you need to distribute assets to family members after someone has passed away, a Small Estate Affidavit is a great way to speed up the process.   Writing a sworn statement, not an affidavit? Here’s how to prepare one.

How to Find a Name and Address Using a License Plate Number

Nowadays, you can find nearly any piece of information about another person with a simple Google search. But what if you don’t have someone’s name to start with? Maybe you witness reckless driving or you’re wondering who keeps parking his car in front of your house. In both cases, you may want to know how to find a name and address by using a license plate number. If you have the vehicle’s license plate number and the state in which the license was issued, there are a few ways to seek out the driver’s information. In this article, we will discuss how to find the owner of a license plate number, as well as how to find an address by license plate search. Finding the owner of a license plate number can tell you a lot of basic information about a person, like their name, address, and public records. Fortunately, once you find a name by license plate search, the rest of your investigation will be much easier, whether you want to look up the person’s criminal records, driving history, or even their social media profiles. Note: State laws dictate what information you can obtain about a driver by looking up a vehicle license plate. In some states, finding a name and address using a license plate number may not be possible or legal. The Department of Motor Vehicles is authorized to run license plate lookups — they have record of all registered license plates, as well as driver records. To start, reach out to the appropriate state’s DMV to find out if driver information is considered public information in that jurisdiction. If a records request is allowed in that state, you will be able to file one over the phone or on the DMV website. Most states require you to submit a formal request for information. Typically, these are forms that can be acquired from state government offices, websites, or the DMV. A fee may be associated with making the request, and waiting times for search results vary by jurisdiction. Once you have filed the request, some state governments will mail a copy of the documents, while others will send a link where the paperwork can be viewed online. Occasionally, you’ll be required to visit a government office to view the documents. You may be able to copy them, but be prepared to pay a nominal copying fee. If you have witnessed a crime like a hit and run, you may want to find out the name and address of a person by their license plate number. It may sound tempting to play detective and start searching for the criminal online, but it is best to reach out to the police first. If you were involved in the crime, are a victim, or witnessed an incident, you can simply visit your local police station or call them to give them the license plate number. After the investigation has taken place and the case has closed, you will be able to ask for the police report and records, which will typically have the name and address of the person you were looking for. More often than not, finding a name and address using a license plate number is not authorized by the DMV or other government agencies, so you may result to an internet search. Simply plugging the license plate number and the state into an online search engine is likely to reveal a number of results. Most of these come from a third-party independent search firm that has the connections necessary to obtain public information documents. However, be aware that many of these search firms are not reputable. Certain red flags to look for include promises of free searches and immediate results. Many websites that claim their services are free eventually ask for a fee or a paid membership before you receive any actual search results. Search firms that promise instant results are likely using old, out-of-date databases that may yield useless information. Reputable search firms exist, but they will be upfront about pricing and the timelines for their services. Every state has different regulations for releasing a driver’s information from their license plate records. These regulations are in place to protect individuals, but there are specific authorized reasons that allow the release of the information. Some of these situations include: Other reasons someone may need a person’s information from their license plate number may be more serious. If you were the victim of a crime like a hit and run, or if someone left a vehicle on your business’ property, contact the authorities immediately. In either situation, record as much information as you can about the vehicle and its owner. Specifically, take photos of the license plate number, noting the state, city, and expiration date of the plate. You can also take photos of the entire vehicle to help the police identify the suspect. This information will also be helpful for your insurance company, who you should contact next if there was any damage to your vehicle. If you are looking to find a license plate owner, check out our guide on how to look up license plate numbers. When you or someone you’re close to have a run-in with the law, it can be confusing at best. You can have a local attorney provide you with a free case evaluation to help answer your questions and make a plan for the future.

What Does It Mean To Contest Divorce?

To contest divorce means a couple cannot come to an agreement about things like real property, child custody, or a division of assets. When a person contests a divorce, separate attorneys are typically hired to represent both individuals in an attempt to negotiate settlement terms. Negotiations may continue for a few months or even several years before both parties ultimately agree on matters in dispute. Multiple court hearings and other meetings are also typical in these types of divorce proceedings. A respondent is usually the person to contest the divorce. This is because the spouse who filed for divorce, also known as the petitioner, is also the person who has requested the original terms of the divorce that they wish the court to rule in favor of. If or when a respondent does not agree to these terms, the process of contesting the divorce begins. When a respondent does not engage in the actual legal steps required to contest divorce through the court, yet refuses to sign divorce papers filed by the petitioning spouse, the divorce is then considered to be contested. When this happens, it is necessary for the petitioner to ask the court for relief. At that time, a judge or magistrate may make a decision to grant the divorce, even without the other spouse’s signature, or the court may order a hearing in order to weigh the merits of a case before making a final decision. Upon being served with divorce papers, if a respondent does not agree to the terms proposed in the original filing, they may contest divorce at that time. The exact amount of time in which they are allowed to do so is determined by the laws of the state where the divorce was originally filed. In some cases, both parties may originally agree to an uncontested process, but one person may have a change of heart or mind and choose to contest a divorce after an initial filing has taken place. A divorce can only be contested in the court where the original petition was filed. Litigation required to conclude matters being contested will likely take place within that same jurisdiction. Because of this, parties who no longer reside in an area where a divorce proceeding is taking place sometimes have to travel in order to meet with attorneys, mediators, and others involved in the process. Both parties in the divorce must also be served notice that it is being contested, usually by mail and in person, no matter where either spouse is living at the time. Individual matters in dispute, such as child custody or child visitation, may be diverted to another court. This is usually done at the discretion of the judge or magistrate presiding over the original divorce filing. In no-fault and uncontested divorces, a petitioner will often state irreconcilable differences as the overall reason for the marriage’s demise and the court will generally allow that reasoning to stand. This is not always true in contested divorces, however. In these divorces, it is not uncommon for couples to note every single reason why they are calling it quits and which assets they believe they deserve after the marriage’s dissolution. Some of the most common reasons people choose to contest divorce include disagreements about: Couples may also disagree about a petitioner’s failure to state claims of alleged infidelity or claims of alleged abuse which may have contributed to a marriage’s demise. Some of the most commonly stated grounds for divorce include: It should be noted that not all of these grounds are permissible in every state. Of those which are, specific rules may also apply. For example, when using imprisonment for as grounds for divorce, a court may require that imprisonment exceed one year or more before it can be used as grounds. In cases of mental illness, courts may only allow such as grounds only if a spouse is institutionalized for a set period of time and is not expected to recover. By contesting what was originally submitted to the courts by a petitioner, a respondent is able to put into the record the reasons they understand the divorce to be taking place and, if necessary, address any allegations they maintain to be false but that appeared in the original petition. A spouse may contest all of what is being stated or asked for in the original divorce petition or may simply choose to contest one or two items contained in that petition. Generally speaking, the contesting spouse’s goal is to convince a judge or a magistrate to grant the things that they desire from the divorce process, such as sole custody of any minor children, a larger share of any savings or retirement accounts, or full ownership of a family home. Contested divorces are often quite contentious, which makes it difficult for a couple to navigate the process alone. Because of this, the court will usually recommend that both parties hire their own attorney to lead the process and help negotiate the terms being contested. Even if the spouse who originated the divorce filed the appropriate paperwork without assistance, an attorney should be contacted once the filing has been contested. Couples contesting a divorce may also be required to work with a court-appointed mediator in an effort to create a more equitable divorce agreement that can be submitted to the court for a final ruling. After contesting a divorce, it is the responsibility of the respondent and their attorney to convince the court to rule in their favor. To do so, attorneys will collect factual evidence to present in support of the claims being made by a responding spouse. To help shape an accurate narrative of the divorce and issues being contested, some of the people called upon to give testimony to the courts may include: It is not unusual for other professionals, such as accountants and specialized investigators, to also be hired in order to collect pertinent evidence in support of all claims made. While the respondent is the one who typically contests the divorce, it should be noted that a petitioner may also disagree with claims made in the respondent’s rebuttal. The petitioner may also present evidence and witnesses to counter those claims. Just as with the respondent’s motives for contesting the divorce, all of this is done in an effort to give the court an accurate depiction of things leading to the demise of the marriage with the hope that a judge or magistrate will rule in favor of the petitioner. Ending a marriage can be a complicated process both emotionally and procedurally. In addition to the actual termination of a relationship, a great deal of time is spent during a contested divorce with spouses negotiating the very fine details of their financial and personal lives. The emotional toll such a divorce might have on a family, including children, is difficult to calculate and will vary from person to person. Before a spouse decides to contest the divorce, it should be noted that doing so often means that a lengthy and expensive court battle will follow. Judges and other legal experts agree that a separate attorney representing each individual’s interest should always be hired when a divorce is being contested. In addition to the hiring of attorneys, there may be other costs such as additional court filings, hiring investigators, and costs associated with gathering information or expert witnesses to help support the grounds for which a divorce is being contested. If a judge ultimately rules that one party must pay the other party’s legal fees, the cost of contested divorce may be even higher.

Nine Debt Collector Tactics That Violate The Federal Debt Collections Practices Act

The loss of a job, an unexpected illness or injury, or other common situation that people face in their lives everyday can put a strain on your finances. Anyone who has ever fallen behind in paying their bills has probably received a demand letter or threatening telephone call from their creditors. Creditors are entitled to collect money that is owing to them, but there are limits on the tactics they can use. Following are some of the limitations in the Federal Debt Collection Practices Act guidelines Unless you agree to it, debt collectors are prohibited from contacting you at times or at locations that are inconvenient for you. As a general rule, a creditor should not be contacting you before 8 a.m. or after 9 p.m., and contacting you at your place of employment is not allowed unless you agree to it. Debt collectors are not allowed to contact third parties about your debt. A debt collector is permitted to contact another person once find out the following information: Friends, neighbors and other third parties are frequently the targets of calls from debt collectors in order to persuade you to make a payment on the debt to avoid additional embarrassment. A debt collector is not allowed to attempt to intimidate you by claiming to be an attorney, a government official or a member of a law enforcement agency. Creditors trying to collect a debt cannot make threats to have you arrested or to take legal action against you unless they actually intend to file a lawsuit against you. Someone calling from a debt collection agency is not required to be friendly, but the following forms of conduct are violations of the debt collection practices act: You have the right to know how much you owe. A debt collector cannot misrepresent how much you owe or attempt to add interest and fees unless your agreement with your creditor allows for such charges. Each state has laws setting time limitations within which a lawsuit may be filed to collect money owning on a promissory note, a credit card or other form of consumer debt. The time usually begins to run upon a default in payment. If a state’s statute of limitations is six years from the date of default, a creditor failing to file suit within the six years would be barred from using the courts to collect the debt. Credit collection agencies are prohibited from threatening to take legal action when they know such action is barred by the statute of limitations. A debt collector might use the threat of legal action to get you to make a payment on the time-barred debt. In some states, any payment you make the debt could renew the statute of limitations and give the creditor more time within which to take legal action against you. Judgments have a limited lifespan under the laws in many states. A judgment in New York, for example is enforceable for up to 20 years. This means a creditor can garnish your wages or have a law enforcement officer seize your property, including cars and bank accounts. Once a judgment exceeds its enforceable lifespan as provided by the laws of the state in which the judgment was filed, debt collectors cannot threaten you with enforcement without violating the federal debt collection practices act guidelines against misrepresentation. You should never give a post-dated check to someone in response to a collection call about a debt you owe. If you respond to a debt collector’s call by being honest and explaining that you do not have the funds to make a payment on the debt, a frequent response is to ask you for a post-dated check that the creditor’s representative promises to hold until you add money to your bank account. Even though it is a violation of federal debt collection practices, the debt collector might contact you and threaten to deposit your check early and cause it to bounce. At the very least, you will incur fees with your bank for writing a check when you did not have sufficient funds in your account to cover it. The best thing to do is to refrain from writing checks in payment of all or part of a debt until you have the money in your account to cover it. Debt collectors must begin each telephone contact with you by identifying themselves and the purpose of the call. Leaving an anonymous message on your telephone answering device would violate this provision of the federal debt collection guidelines. This might arise when a debt collector has made attempts to reach you without success and decides to use the anonymous message to trick you into calling back. If you are contacted by a debt collector, you have the right to demand a written notice telling you the amount that you owe and the name of the creditor. The notice must also explain the steps you can take to dispute the debt. You can stop debt collectors from contacting you by sending a letter asking them to stop. If they do not stop contacting you, the debt collection practices act allows you to file a complaint with the Federal Trade Commission, your state’s attorney general’s office or with the Consumer Financial Protection Bureau.

True vs. Optional No-Fault Divorce States

No-fault divorce has been an option in all states since New York finally passed its own no-fault divorce law in 2010. While no-fault divorce laws have made it much easier to get divorced and have even helped people in abusive relationships find freedom and security, not all states are identical when it comes to their no-fault divorce options. In fact, states can roughly be divided into two categories: those that are “true” no-fault divorce states and those that are optional no-fault divorce states. The distinction is far from minor and, in fact, the type of state you get divorced in could have a major impact on the final look of your divorce settlement. Here’s a look at the differences and similarities between true and optional no-fault divorce states. There are 17 states, along with the District of Columbia, that are currently considered to be “true” no-fault divorce states. What this means is that the only option you have if you are considering a divorce in these states is the no-fault option. The conduct of the other spouse has no relevance in the application for a divorce and courts will not take factors like adultery or abandonment into account when deciding whether to grant a divorce. For people who feel as though their spouse has acted improperly during their marriage (such as by having an extramarital affair, for example), the idea that the court does not take that spouse’s behavior into account can be frustrating. However, in a no-fault divorce case, the court will treat the divorce as essentially the termination of a contract (which, in fact, is exactly what divorce is). The court is not there to judge the moral worthiness or conduct of either party. While that can feel unfair, it also means that both parties are not held to the whims of whatever a judge or lawmaker considers to be immoral. However, it is important to keep in mind that while one’s conduct will not be an issue when it comes to the actual granting of the divorce, it could be a factor in other issues related to the divorce, particularly child custody and visitation rights. If one spouse has a substance-abuse problem, for example, that problem is not likely to factor into the division of property. However, it will almost certainly factor into a judge’s decision about which parent gets physical custody of the children. Furthermore, some no-fault divorce states do allow for divorce on the grounds that a spouse has become mentally incapacitated or institutionalized. In these cases, spouses seeking a divorce will have to provide medical evidence that their partner is mentally incapacitated. Furthermore, while no-fault divorce is certainly more straightforward than fault divorce, it is important to keep in mind that most states do not simply allow you to apply for and be granted a divorce at the same time. Rather, in most states there is a waiting period between when you actually apply for a divorce and when it is ultimately granted. During this waiting period, which can range from a few months to a couple of years, both spouses must live separately and apart. The remaining states all offer no-fault as an option for divorce, but they also retain other divorce options where fault may be involved, including adultery, cruelty, and abandonment. States that offer no-fault as an option can vary considerably in terms of their specific laws. In some states, for example, filing for divorce because of adultery can have a major impact on how property is divided, whereas in other optional no-fault states it will have no impact. One disadvantage of applying for divorce on traditional fault grounds, however, is that the fault will have to be proven with a court, which can cost time and money. Furthermore, by pursuing a fault divorce one may be exposed to the possibility of the other spouse also alleging fault against you. Because whatever is said in court becomes a matter of public record, a fault divorce can quickly lead to embarrassing and private details being shared with the general public. With a no-fault divorce, nothing needs to be proven in terms of the other spouse’s conduct. Some states also allow separation for a period of time as the grounds for a divorce. Living separately and apart, while not always a strictly no-fault option, is very close to it. The 17 “true” no-fault divorce states are generally considered to be California, Colorado, Florida, Hawaii, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, Oregon, Washington, and Wisconsin, along with the District of Columbia. In many of these states, including in many optional no-fault divorce states, the no-fault option is often referred to as “irreconcilable differences.” As stated above, some no-fault states also allow a spouse to divorce the other spouse because the other spouse has been committed to a mental institution. In the rest of the 33 states, no-fault was usually added as an option for people who wanted to get a divorce. In adding the option, lawmakers kept the fault grounds for divorce that had previously been the only divorce options. As mentioned above, option no-fault divorce states vary substantially in the fault grounds they offer and how those fault grounds impact the overall divorce settlement. In some states that nominally offer fault grounds for divorce, such grounds ultimately have no bearing on how property is divided or spousal support is determined. In such cases, it may make more sense to just file for no-fault divorce even if one has grounds for filing for a fault divorce. If you are thinking about a divorce then it pays to know your state’s laws concerning the termination of marriage. Furthermore, while we use the term “no-fault” here, individual states have their own ways of describing what is essentially no-fault divorce and it is important to know what the specific terminology in your state is. By doing your research beforehand, you will have a better idea of how to proceed with your own divorce or family law issue.

What’s the difference between the insanity plea and incompetency?

The terms sanity and competency are heard so often in media coverage of high-profile criminal trials that it can be easy to confuse the two. A lot of people may wonder how it is possible for somebody to enter an insanity plea when they have already been deemed fit to stand trial. While sanity and competency are related in some ways, in the justice system these are two very separate and different legal concepts. Nonetheless, they are both very important for understanding how the justice system works and they have an immense impact on both how cases are tried and how sentences are handed down. Here is a look at some of the differences between the insanity plea and the competency to stand trial. For anybody to have a fair trial he or she must be able to understand the charges against him or her. This basic principle is where the concept of competency to stand trial comes from. A defendant must be able to understand what they are being charged with and must be able to discuss the charges with his or her attorney in a reasonably rational way in order to be considered competent to stand trial. In other words, the competency of the defendant is determined before the trial even begins. Being declared competent to stand trial simply means that the defendant understands the charges against him or her. It is not a statement about whether or not that defendant was sane or insane when he or she allegedly committed the offense that is being tried. Competency to stand trial merely concerns the defendant’s state of mind and mental abilities during the trial itself. Furthermore, competency to stand trial is guaranteed by the U.S. Constitution, which guarantees the right to due process for those accused of a crime. In contrast, the insanity plea concerns the state of mind of the defendant when the alleged crime was committed. When determining whether or not a defendant is insane, the court is not considering the defendant’s state of mind during the trial, but rather during the criminal act. So a person can be found to have been legally insane when a crime was committed, but nonetheless competent to stand trial later on. In fact, a person can only be successfully found legally insane so long as they are competent to stand trial since being incompetent to stand trial means no trial can take place. In other words, a defendant can be both legally insane and competent to stand trial, but not incompetent to stand trial and legally insane. This distinction is one that often confuses people who are not familiar with the justice system since they wrongly assume competency to stand trial is a judgment on the defendant’s general state of mind, including when the alleged crime was committed. Furthermore, unlike competency to stand trial, insanity laws are not determined by federal law but rather by state laws. This means that not all states have to consider whether or not a defendant was insane when he or she allegedly committed an offense. It is not enough that a defendant merely is shown to have been insane when he or she committed the offense in question. Rather, it must be shown that the defendant’s insanity made it impossible for him or her to understand that the offense being committed was illegal. For example, a man may have hallucinations about aliens living in his home. If he finds out that his wife has been having an affair and, in anger, murders her, then he would still most likely be found guilty of murder (so long as there was enough evidence against him) since his hallucinations did not deter him from the fact that he knew that murdering his wife was illegal. Of course, the man could only be found guilty of the crime if he was also declared competent to stand trial. However, if that same man believed that his wife was an alien and was trying to murder him, then his state of mind would have made it impossible for him to understand that committing violence against her was wrong. Rather, he may have seriously believed that violence was necessary for protecting his own safety, thus making it impossible for him to be responsible for his actions. Competency and insanity are determined by different methods. The standard for determining whether an individual is competent to stand trial is, in fact, a very low one, whereas the standard for proving that a defendant was insane when an offense was committed is usually a high one. To be proven competent to stand trial, the defendant need only understand the charges against him or her and be able to converse with an attorney in a relatively reasonable manner. Competency does not mean that the defendant needs to have a deep understanding of the: In practice, the low standard for proving competency means that only those who are extremely mentally unwell can be found incompetent to stand trial. There is a very good reason for setting such a low standard for competency: it ensures that more people are given the chance to have their case heard in court. Because the insanity plea is determined by state laws, each state has its own rules for determining whether or not a defendant was legally insane when he or she committed the offense in question. Generally, however, states that allow the insanity defense can be divided into two groups: those using the M’Naughten rule and those using the Standard Model. Currently, there are 26 states that use the M’Naughten rule. The M’Naughten rule is named after the defendant in an 1843 British case, Daniel M’Naughten, who had tried to assassinate the British Prime Minister and who was considered insane when he tried to do so. The M’Naughten rule was established by that case and it essentially states that to be considered insane the defendant must have suffered from a mental illness that made it impossible for him or her to understand the nature of the act he or she was committing or, even if he or she knew what she was doing, could not have known that the act was wrong. Some states have also modified the M’Naughten rule to allow for the insanity defense if the defendant suffered from an “irresistible impulse” that forced him or her to commit a crime even if he or she knew that the offense was wrong at the time. In contrast, 22 states along with the District of Columbia use the Model Standard, which was laid out by the American Law Institute in 1962. The Model Standard is generally seen as a less restrictive standard than the M’Naughten rule. It requires that the defendant lack “substantial capacity” to either understand that his conduct was criminal or to otherwise act in a way that was compliant with the law. Furthermore, three states do not allow the insanity defense at all. These states are Idaho, Montana, and Utah. In these states, a defendant cannot plead not guilty because of insanity. However, a defendant can still be found guilty but insane, which may result in that individual being committed to a psychiatric institution instead of or in addition to prison. In these states, the accused must still be found competent to stand trial. The decision about whether a defendant is incompetent and/or insane also differs depending on what matter is being decided upon. A person’s competency to stand trial is, for example, determined by the judge. A defendant’s insanity, meanwhile, is determined by the jury when it renders its verdict. Again, competency is determined at the beginning of the trial, while insanity is determined at the end during the verdict. Hopefully, of course, the jury will take into account the opinions of psychiatrists and/or psychologists who act as expert witnesses during the trial when determining whether or not an individual was legally insane when the crime was committed. Many states also have laws that allow courts to reach a verdict of “guilty but mentally ill” (GBMI). The GBMI verdict means that the defendant receives the same sentence as somebody who was simply found guilty for the same crime but was not suffering from a mental illness. In a GBMI verdict, the court will often sentence the defendant to a prison sentence but will also require that individual to receive treatment for his or her mental illness. Even if that individual is cured of his or her mental illness, he or she will still have to serve out the rest of the sentence in prison. The GBMI verdict is highly controversial, with supporters saying it ensures that those who have committed crimes are held accountable for their actions while critics contend the verdict absolves the court of determining whether or not the defendant was actually responsible for his or her actions. The Four Tests Used for Determining Legal Insanity A person who is found incompetent to stand trial will usually have their trial delayed until such a time when he or she is deemed to have regained his or her mental competence. Essentially, this means that the defendant will receive treatment until they have sufficiently recovered from their mental health problems. However, an individual’s trial cannot be delayed indefinitely–rather, the delay must be deemed reasonable. Delaying a trial indefinitely is a violation of one’s constitutional rights, most notably the right to a speedy trial. The Supreme Court held that a trial in such cases cannot be delayed for longer than is necessary in a landmark 1972 case. However, even if the defendant never regains his or her sanity, that person can nonetheless be forcibly committed to a mental institution, especially if that person is deemed to pose a threat to the safety of themselves or others. A person who is acquitted by reason of insanity, on the other hand, will usually be committed to a mental institution. The conditions of their release back into society if they recover from their mental illness vary from state to state. In some states, for example, the individual will first have to complete a commitment hearing to determine whether or not he or she needs to be committed to a psychiatric institution. In other states, however, commitment to an institution is automatic upon a verdict of insanity. In some cases, the individual may be released back into society relatively quickly if that person is determined to no longer pose a risk to themselves or others. However, in many cases, especially in cases involving murder or attempted murder, the standard for release will be set much higher. While many laypeople may think that being found “not guilty” for an offense that an individual clearly committed is unfair, it is important to keep in mind that those declared insane are not automatically released back into society. In fact, studies have shown that those found not guilty by reason of insanity spend as much time on average confined to a psychiatric institution as those who are found guilty of the same types of crimes spend incarcerated in prison. Furthermore, even after release, the individual may be required to take steps to ensure they no longer pose a risk, such as by taking medication, visiting a doctor, or complying with other instructions. An insanity plea and a claim of being incompetent to stand trial may sound similar but they are, in fact, very different from one another. As the above article shows, however, both concepts have important implications for ensuring that everybody receives a fair trial. Competency ensures that a defendant understands the offense he or she is being charged with and can discuss those charges in a reasonable manner with an attorney. Insanity, meanwhile, ensures that those who could not have appreciated the criminality of their actions are not unfairly found guilty of committing those actions. Either way, competency and insanity pleas help protect the rights of the accused while also ensuring that public safety is upheld.

The 9 Most Commonly Asked Questions About Last Wills And Testaments

Estate planning and the role of last wills and testaments are a popular topic of conversation among members of the baby-boom generation. You might think you know a lot about last wills and testaments, but the answers to the nine most commonly asked questions people have about them might surprise you. Last wills and testaments are documents that state laws recognize as legally enforceable to convey your real and personal property upon your death in whatever manner you direct. Wills offer you great flexibility for accomplishing your wishes. For example, if you have minor children or heirs who might be likely to squander an inheritance, you can create a trust in your will into which the inheritance is placed. Instead of the heir having control over the assets, the trustee you designate takes charge of the trust assets and administers them according to your instructions. Because they are governed by state law, the rules pertaining to who can make a will and what constitutes a legal last will and testament vary slightly from one state to another. As a general rule, you must be at least 18 years of age to make a will, and the will must be in writing and signed in the presence of witnesses. A will that satisfies the legal requirements of the state in which it was signed is enforceable in other states. Most laws pertaining to the validity of last wills and testaments require the testator or person making the will to possess a testamentary capacity. Testamentary capacity means more than simply being of sound mind. The person making a will must understand the following in order to possess testamentary capacity: Part of testamentary capacity is the intent of the maker of the will to dispose of assets in a specific manner after his or her death. For instance, a person who signs a document believing it to be a rough draft of a will would probably not be found to possess the appropriate intent to dispose of the assets as written. Revoking your will is as easy as tearing up the original and any copies, but a better way of revoking your will is to make a new one. Most attorneys insert language into a will stating that it revokes any prior wills you might have made. Doing a new will instead of simply destroying your old one is the preferred method of revocation because it does not leave you without a will. If you want to make changes or additions to your will without revoking it, you can do this with a codicil. A codicil is a legal document that amends or alters the provisions of a will. Codicils must meet the same formalities that the law requires for the preparation and execution of last wills and testaments. An executor is a person you designate in your will to administer your estate. After your death, your designated executor is appointed by the court in your state that handles estates. Once appointed, he or she has the legal authority to carry out your wishes as stated in your will. Some types of property do not pass to the individuals you designate in a will. For example, jointly owned property, such as the home you own with your spouse, passes to the surviving owner under state law through “rights of survivorship.” If, however, the surviving joint tenant or joint owner does not change the deed to add another person to it as a co-owner, then the property would pass under the individual’s last will and testament as part of that person’s estate. Another example of a property that does not pass to heirs according to the terms of a last will and testament would be the proceeds of a life insurance policy. The life insurance policies represent an agreement or contract between the insured and the insurance company under which the company shall pay the face amount of the policy to the beneficiaries named in the police upon the death of the insured. The terms of the life insurance policy and not will of the decedent govern how the insurance proceeds are paid. An exception to the rule about life insurance policies arises when a beneficiary dies before the death of the insured or is removed by the insured and not replaced by another beneficiary. When a policy does not have a beneficiary named in it, the life insurance proceeds are paid to the estate of the insured and distributed according to the provisions of a last will and testament. The good news is that last wills and testaments do not expire. The bad news is that people put their last wills and testaments away and forget about them, but events occurring in life can nullify the provisions of a will. It’s a good idea to review the terms of your will from time to time to determine if events, such as the following, require that it be revised: It is a good idea to go over your will every four or five years regardless of events in your life to identify anything you might want to add or change. Challenges to the validity or to the provisions of last wills and testaments are frowned upon by the courts. Unlike other documents, such as contracts, which courts are called upon to review when disputes arise, the problem with last wills and testaments is that challenges arise after the death of the maker who was the only person capable of articulating his or her true wishes. For this reason, courts lean heavily in favor of upholding the validity and provisions of last wills and testaments. Successful challenges to last wills and testaments are usually those based on the testamentary capacity or age of the deceased at the time the will was prepared and signed. These types of cases are easier to prove because they can be based upon a birth certificate or other official record establishing the fact the maker of the will was at least 18 years of age, or they can rely upon the testimony of physicians who treated the deceased and can attest to the individual’s testamentary capacity. Other grounds for challenges to a will include fraud, forgery, and undue influence. Proving any of these brings into question the validity of the document. As previously noted, judges are skeptical of challenges to last wills and testaments, so the evidence produced must be clear, convincing, and unequivocal. A person who dies without a will is said to have died “intestate.” Each state has intestacy laws that determine how the assets of a person dying without a will are to be distributed. Any assets that could have been passed to your heirs under a will are distributed according to the intestacy laws of your state. As a general rule, intestacy laws favor your spouse and your children by giving them your entire estate. If you do not have a spouse or children, then your estate would be distributed to your parents or, if neither of them is alive, to your brothers and sisters. Depending upon the law in your state, intestacy laws provide for the distribution of estates to other relatives if there is no surviving spouse, children, parents, or siblings. Intestacy laws do not offer the control over the distribution of your assets that you have with a last will and testament. For example, if you and your spouse have minor children, you might elect to leave everything to your spouse in the belief that he or she will provide the appropriate care for your children. Intestacy laws do not allow for such a distribution. Under intestacy, your estate would be distributed to both your spouse and to your minor children. Questions about the laws of your state and last wills and testaments are best answered by an attorney. An attorney can also advise you about the provisions that should go into your will and give you guidance about how best to carry out your wishes.

Ten Cheap Law Schools That Are Actually Good

When it comes to law schools, cheap is a very relative term. Even the very cheapest in the nation are going to set you back many thousands of dollars. Furthermore, you want to make sure that when you are applying for law schools that you are getting bang for your buck. You do not want to graduate from a law school only to find out that none of the firms that you want to work at are willing to consider you. With that in mind, and if money is an issue, you need to balance how much law school will cost with the opportunities it will open up for you in the future. With that criteria in mind, let’s look at ten cheap law schools that are good value for money. In-state tuition at Brigham Young University’s law school is around $11,000, which is substantially lower than at most major law schools across the nation. Furthermore, it has an 80.3% employment rate, a 90.8% 2-year bar-pass rate, and was named one of the Best Value Law Schools by National Jurist. It’s location in beautiful Utah also makes it a great choice for those who want to enjoy the natural wonders of the west while pursuing their degree. Among the oldest law schools in the United States, the Brandeis School of Law is also recognized as being among the best-value law schools in the country. Furthermore, it is ranked among the top 100 law schools overall, proving that astronomical tuition is no guarantee of academic reputation. The good news about the Brandeis School of Law is that it also focuses on how to apply your legal education to practical situations. With tuition exceeding $44,000 per year, UC Irvine may not sound cheap, but it is affordable when you consider how generous the school is with scholarships. That’s perhaps why those attending UC Irvine graduate with just under $50,000 worth of debt, far lower than at other law schools that claim to be “cheaper.” Furthermore, as part of the University of California system, by going to UC Irvine you will have a degree from an institution that is recognized throughout the world. Wyoming is probably not the first state you think of when you are considering law school, which is a shame because the University of Wyoming offers an excellent return on investment. It is ranked around the 100 spot in terms of overall law schools in the country and it places great emphasis on gaining practical experience, such as through legal clinics and externships. It is especially well known for its programs in Natural Resources, Estate Planning, Legal Services, and Domestic Violence. Tuition at CUNY School of Law is around $12,000 per year, which is decent although by no means the cheapest in the country. The real advantage of CUNY is that it is both affordable and located in New York City, allowing you to get a good value education while being front and center to some of the biggest cases and most prestigious firms in the country. As a publicly funded law school, it should come as no surprise that the CUNY School of Law specializes in public-interest law. The University of Alabama has been routinely praised for both its affordability and academic rigor. Tuition is just under $20,000, which, again, is affordable but by no means among the cheapest. However, those who graduate from the University of Alabama have excellent job prospects. The employment rate is over 89% and the school has a nearly 95% 2-year bar pass rate. The University of Alabama is also one of the only law schools in the country that guarantees students the chance to participate in a law clinic. Another southern law school, the University of Mississippi’s School of Law is one of the oldest in the nation. With in-state tuition at just over $10,000, it is also one of the cheapest. More than 85 percent of graduates eventually go on to pass the Mississippi bar exam. This school also stands out for having the only Aerospace Law program in the country that is accredited by the ABA. Its location in Oxford, Mississippi also places you at the center of one of the most storied and beautiful cities in the American South. The Clarke School of Law at the University of the District of Columbia is located in the nation’s capital and is known for giving students from disadvantaged backgrounds, including minorities and those with disabilities, a chance at studying law. Its location in the District of Columbia also gives students an opportunity to sit front and center to the nation’s latest legal and political developments. The University of North Dakota is another affordable law school that often goes unnoticed, yet still manages to punch well above its weight. The University of North Dakota has long appeared on lists of America’s top-value law schools, with in-state tuition at just over $12,000. One of the main advantages of this school is the breadth of legal programs it offers, including certificates in Air Transportation Policy and American Indian Law. NCCU is a historically black institution that caters to traditionally underserved communities. With in-state tuition coming in at less than $10,000, this is a truly affordable school. Furthermore, the quality of the education is stellar. It ranks among the top four law schools in the country for clinical opportunities and close to 82 percent of its graduates go on to pass the state bar exam–well above the state average. Law school can leave you saddled with debt, especially if you choose to go to one that offers high tuition or few scholarship opportunities. However, if you think beyond the traditional Ivy League schools then you will find plenty of institutions offering a legal education that is not only affordable, but which opens up plenty of doors afterwards.

Examining the President’s Legal Responsibilities

The position of President of the United States is often referred to colloquially as the “most powerful man in the world”, or the “leader of the free world.” More than just a figurehead in American democracy, the role of president does come with legal responsibilities under the framework of the United States set forth in the United States Constitution and expanded upon over time. The President’s Legal Responsibilities can be seen across the executive, legislative and judicial branches of the government. According to WhiteHouse.gov, Article II of the United States Constitution sets forth the broad powers and responsibilities of the role of President of the United States. Under this article, the president is: “responsible for the execution and enforcement of the laws created by Congress. (The President) is to take care that the laws be faithfully executed.” The president is, under Article II, required to enforce all constitutionally valid Acts of Congress regardless of the view of that individual or administration’s view of the wisdom behind or validity of the policy. Presidents cannot possibly be directly involved in the administration and enforcement of the nation’s laws, which is why there are a total of 15 executive departments overseen by 15 different individuals and supported by millions of employees. It is the role of the President to appoint members to the cabinet positions overseeing these various departments of the executive branch, as well as many other executive agencies that are not part of the cabinet directly such as the CIA and the Environmental Protection Agency (EPA). The president sets national policy goals for the United States and appoints individuals to these cabinet and other executive department positions with the greater aim of achieve those goals while also implementing and enforcing laws written by Congress. The Cabinet and the many independent federal agencies are directly responsible for the day-to-day enforcement and administration of federal laws. In total, the president is legally responsible for the oversight of an executive branch that includes: The formulation of the United States sought to avoid the potential for an all-powerful dictator in charge of the nation, and as such power was distributed across the Executive Branch (President), Legislative Branch (Congress), and the Judicial Branch (Supreme Court). Even though the Constitution has provisions that vest “all legislative powers” in the body of Congress, the president does have a role as the chief formulator of public policy for the country, and as such has a major legislative role. Any President of the United States has the power to veto a bill passed by Congress, which blocks that act from becoming a law. While the President is legally bound to execute any laws successfully passed by Congress, which does hold the power to override a veto with a two-thirds vote in both houses (Senate and House of Representatives), the president can help establish the laws he or she believes is necessary for the country. In a special message to Congress delivered annually, the president has the power to propose major legislation, but has no power to enact those laws independently. Should Congress adjourn without hearing those proposed bills and voting, the president has the power to call a special session. However, the president’s legal abilities end here as the office does not have the power to set law, only enforce it. Again, the President of the United States holds no official power or legal ability to adjudicate the legality of laws in the US. However, the president does hold the constitutional power to appoint numerous public officials as mentioned above. This includes nomination of federal judges, particularly members of the Supreme Court of the United States. The president also has the ability to grant full or conditional pardons to those convicted of breaking federal laws, with the exception of the impeachment of themselves. Most frequently this is used to shorten prison terms or reduce fines. In times when the President of the United States has tried, or threatened to, refuse to enforce the constitutional laws of the US, the Supreme Court has stepped in to prevent such an occurrence. For example: In short, the Supreme Court notes that the president’s primary legal responsibility is to uphold and execute the laws of the United States as set forth by Congress, and that it is in fact illegal for the executive head of the nation to fail to uphold this legal obligation due to their own personal views or beliefs. While the President of the United States is legally obligated to uphold and defend the laws of the land as the direct head of the nation’s enforcement agencies, the role of president does offer some degree of wiggle room that many recent presidents have used to their advantage. The president is only empowered to sign legislation into law or veto it, not initiate legislation. However, in recent years presidents have become assertive in interpreting legislation in unique ways to circumvent laws with which the individual president does not agree with but is nonetheless bound to uphold in general. For example, the use of signing statements by the president enables them to direct executive branch officials to implement legislation according to a particular interpretation, even when the president objects to certain provisions of a particular law on constitutional grounds. The role of President of the United States is a powerful position that the Founding Fathers sought to limit, to the best of their ability, in an effort to avoid total control resting in the hands of one person. The legal responsibilities of the president have been laid out by the Constitution of the United States and changed little over the course of more than 240 years.

Lawyers and Legal Malpractice: Three Things to Know About Insurance

If you are starting your own law firm then you probably already have a lot of experience with handling clients, representing their best interests, and understanding how a law firm generally functions. What you may not know a lot about, however, is how legal malpractice insurance works. For lawyers, legal malpractice claims can end up being extremely costly, to the point that a single claim could easily ruin a small law firm that is just starting out. Malpractice insurance helps protect you and your law firm in the event that you are sued for alleged malpractice. Here are three important things to keep in mind about legal malpractice insurance. You may have heard that law firms are not obligated to carry legal malpractice insurance. Rather, those who do carry such insurance are merely required to report that fact to their state bar association. While it is true that legal malpractice insurance is not technically required, it is important to keep in mind that legal malpractice claims are fairly common, with five to six percent of private attorneys being sued for malpractice each year. Chances are that if your firm is around long enough then at least one disgruntled client will decide he or she has a claim against you (regardless of whether or not that claim has merits). Not all law firms are the same, which is why not all legal malpractice insurance policies are the same. You want an insurance policy that is going to be able to cover the potential costs of a malpractice claim against your firm. If you are representing large corporations in patent infringement cases, for example, then a malpractice claim against you could easily run into the hundreds of thousands if not millions of dollars. In that case, you will want a very high coverage limit. If, however, you deal primarily with middle class clients in family law cases then you can probably opt for lower coverage limits. First of all, no malpractice insurance policy will cover any illegal acts you engage in. Legal malpractice insurance is designed to protect you in case you make an error that subsequently exposes you to liability. Additionally, you will want to be aware of the gaps in coverage. Many insurance policies will only cover specific types of claims depending on the type of work you typically do. For example, if your law firm deals primarily in employment law, then that one personal injury case you took on the side may not be covered by your insurer. Check the terms of your policy closely and see if there are options for bridging any gaps that could ultimately leave you exposed. Even the best of lawyers make mistakes sometimes, whether it’s missing a meeting with a client or forgetting to file important paperwork by the appropriate deadline. While in many cases these errors are easily fixable, in others they could significantly damage your clients case and could expose you to a legal malpractice lawsuit. Because the risk of a malpractice lawsuit is so high, you do not want to be caught off guard if and when one happens to you. As the above article shows, having malpractice insurance could protect you and your firm from a potentially devastating malpractice lawsuit.

Eleven Types of Legal Motions in U.S. Law

For a court to take most actions on an issue that is in dispute, either party in a case must ask the court to decide on that issue. When a plaintiff, prosecutor, or defendant asks the court or judge to rule on a specific issue, that request is known as a motion. Legal motions are one of the most common facets of the American justice system and they ensure that controversial or disputed issues related to a case can be settled quickly and efficiently so that the case itself can ultimately be resolved in an effective manner. Different motions are used at different points in a trial, including: While there are lots of different types of legal motions, the ones below tend to stand out for being both very common and very important to individual cases. A motion to dismiss, which is more popularly known as “throwing out” a case, is requested when one side (usually the defendant) contends that the plaintiff’s claim is not one on which the court can rule. In other words, when a motion to dismiss happens, the moving party is not contesting the facts as presented by the other party, but merely saying that the claim at issue is not a legal one on which the court has any say. A motion to dismiss is one of the most important motions to understand in U.S. procedural law. The moving party in such a case may concede that the facts of the case are true, but that the case should nonetheless be dismissed because there is no legal issue presented in those facts that the court can rule on. This motion helps ensure that disputes that involve no legal issue do not end up wasting the court’s time and resources. In some cases, there may even be a legal issue at stake but the statute of limitations has expired, meaning the court can no longer deliver a verdict. Additionally, a motion to dismiss may be filed if the defendant waives his or her right to a speedy trial, has been granted immunity or a pardon, or if that defendant had been previously tried for the same offense, which is known as double jeopardy. During the discovery process both parties to a lawsuit or case will collect information and evidence that they can then use to build their case. The discovery process, like its name suggests, is when the prosecution and defense make efforts to discover all the facts of the case. Both parties can request information from one another to help establish the facts of the case. A number of different motions can be used to ensure that both sides are able to handle the discovery process to the best of their abilities. If the other party fails to respond to a request for information, for example, then a motion to compel discovery of that information could force that party to provide a response. Another motion to compel discovery could be used if the party responds to the request for information, but its response is vague or incomplete. Failing to comply with either motion could result in the offending party being held in contempt. When making a motion to compel, the moving party is asking the judge to use the power of the court to essentially force another party to do something that he or she has so far refused to do. As noted above, motions to compel can be used during the discovery process to ensure that both parties have full access to the facts of the case. For example, if the plaintiff refuses to answer questions in a deposition, the defendant may file a motion to compel the plaintiff to answer those questions. If that motion is granted and the plaintiff still refuses to answer the questions then he or she may face contempt of court charges. Of course, motions to compel can also be used when the trial gets underway, such as if a witness refuses to answer a question while testifying, and they are not limited solely to the discovery process. A motion to strike is requested when one of the parties wants something removed from the court record. This motion is usually requested when the record contains information or language that is not admissible evidence. A party may request a motion to strike if the language being removed from the record is redundant, vague, scandalous, immaterial, or impertinent. Furthermore, a party in a case can request that a vague statement be removed from the record and be replaced with a statement that is more specific and clear. A motion for summary judgment is perhaps the most frequently made motion. While not always available in all cases, the motion for summary judgment is made before the trial begins. This motion asks the judge to make a decision on the case without going to trial. Such a motion can only occur if none of the facts of the case are in dispute, thus all that needs to be decided is a final ruling on the case. If available, a motion for summary judgment can save both sides plenty of time and money. While a motion for summary judgment and motion to dismiss are often confused with one another, they are not the same thing. A motion to dismiss results in the case being thrown out altogether and no verdict being issued. With a motion for summary judgment, however, the court and both parties agree that there is a legal issue that the court can rule on. For a summary judgment to be issued there can be no dispute about the material facts of the case and the party filing the motion must be entitled as a matter of law to a judgment. A summary judgment is most often issued when the time has run out on the discovery process, meaning that neither side can gather any more evidence to help their case. Another motion that shares features with a motion for summary judgment and a motion to dismiss, a motion for a directed verdict is one whereby one party (in this case, the defense) asks the court to end the case. A motion for a directed verdict is made by the defense after the prosecution has already rested its case. This motion argues that the prosecution has failed to prove its case and that because of that the defense does not need to present any evidence. A motion for a directed verdict is essentially the same as asking the court to acquit the defendant because there is not a strong enough case to convict him or her. If the prosecution cannot prove its case or there is a fatal flaw in its evidence then it can be the prosecution itself that requests the court to no longer pursue charges against the defendant. This type of request is called a motion for nolle prosequi, which literally means that the prosecution has decided not to prosecute. This motion is often filed if new evidence has come to light either proving the defendant’s innocence or exposing a serious flaw in the prosecution’s case. A motion for nolle prosequi is basically the prosecution asking that the judge throw out the case because the defendant is either innocent or there is clearly not enough evidence to lead to a conviction. A motion in limine concerns what evidence can and cannot be presented to a jury in court. Instead of risking a jury being exposed to prejudicial evidence that may later be found to be inadmissible, a motion in limine ensures that such evidence is not presented to the jury in the first place. A motion in limine helps ensure that a defendant receives a fair trial, which is less assured if the jury is simply told to disregard evidence that it has already been exposed to. For example, in a criminal trial, the prosecution may mention a defendant’s previous conviction for an offense that has nothing to do with the offense currently being tried. While the defense may argue that mentioning that previous conviction should not be allowed because it is not relevant to the current case, the jury will nonetheless have already been told that such a conviction exists even if the judge sustains the objection and instructs the jury to disregard the information. A motion in limine ensures that that information is not presented to the jury in the first place. If either party violates the motion in limine then a mistrial may be declared. There are three types of motions in limine: inclusionary, exclusionary, and preclusionary. As their names suggest, when an inclusionary motion in limine is being made then the party is asking the court that certain evidence be specifically included in the trial. An exclusionary motion in limine, meanwhile, asks that information be excluded and kept from the jury (such as a defendant’s previous conviction, as discussed above). Finally, a preclusionary motion in limine can preclude potentially inadmissible evidence from being included. A motion for judgment n.o.v. (non-obstante veredicto) is made after the jury has delivered its verdict. A motion for judgment n.o.v. Is made by the defendant and asks the judge to reverse the verdict delivered by the jury. This is a rare motion that is only made if there are no reasonable grounds on which the jury could have reached its verdict, such as if the jury delivers a guilty verdict despite evidence that clearly proves that the defendant could not have committed the offense in question. Such a motion can only be used to overturn a verdict of guilty, which is why it is filed by the defense. For example, if a jury delivers a verdict of not guilty the prosecution cannot file a motion for judgment n.o.v. asking that the judge change that verdict to guilty. A motion to set aside judgment is another motion that can be filed after a judgment or verdict in a case has been delivered. This motion is a request for the court to nullify or vacate a judgment or verdict that had previously been reached in the case. Such a motion is generally filed if new evidence comes to light after the case has ended that may cast doubt on the original verdict. As such, a motion to set aside judgment cannot usually be made on grounds that were already considered by the court during the original trial. A unique aspect of a motion to set aside judgment is that it can be filed long after a verdict or judgment has been issued, even years afterward. A motion for a new trial is another motion that is filed after a verdict has been delivered. Either party can make a motion for a new trial if they believe that a significant error was made during the trial that necessitates a new trial. For example, evidence may have been introduced during the trial which had already been excluded because of a motion in limine. A motion for a new trial is not a request for the verdict to be changed or overturned. Indeed, the new trial could lead to the same verdict as the first trial. In many jurisdictions, and unlike a motion to set aside judgment, there are time limits for filing a motion for a new trial and missing these time limits could result in the trial’s verdict automatically being allowed to stand. Motions are ubiquitous in both civil and criminal trials and they are essential to keeping the courts moving. Motions can be filed before, during, and even after the trial has taken place. These motions help establish the parameters by which a fair trial can be best ensured and for placing greater confidence in the justice system. Furthermore, certain motions allow that errors that may have otherwise resulted in a wrongful conviction can be reversed. While there are many diverse types of motions, the ones described above are especially common and especially important in ensuring that justice is administered properly and fairly.

Four Facts About Consideration Contract Law Requires You To Know

One of the most essential components of an agreement that you can enforce in court is consideration. A promise to paint your neighbor’s fence might be a friendly gesture comparable to a gift. If you add the fact that your promise to paint the fence was made in exchange for your neighbor’s promise to do repairs on your car, the nice gestures might be the consideration contract law recognizes as supporting a legally enforceable agreement. Consideration is more than simply the payment of money in exchange for something whether it is services or goods. There are other forms of consideration that are not as easy to recognize as agreeing to pay $100 in exchange for a tire for your car. Consideration is what you give in exchange for what you get from the other party to the contract. Promises, promises Sometimes, the consideration for a contract takes the form of a promise in exchange for a promise. This creates what lawyers refer to as a bilateral contract or a bilateral agreement. The promise to paint your neighbor’s fence would be a gift were it not for your neighbor’s promise to fix your car. Here you have a promise given in exchange for a promise, so a legally enforceable contract has been created. If you do not paint your neighbor’s fence, you could be sued by your neighbor for breach of contract. When promises give way to actions When you agreed to pay $100 for the tire for your car, it might seem to be a bilateral contract, but it is not. Your offer to pay for the tire creates a unilateral contract because you are giving money in exchange for a tire. The consideration in a unilateral contract is a promise in exchange for an act. The promise is the offer of $100 upon receipt of the tire, or a promise for an act. Giving something up as consideration for a contract If your wealthy uncle asks you to stop smoking cigarettes for a year in exchange for his promise to give you $1000, your first thought might be: “What is he getting out of this.” Your promise to quit smoking is based upon your uncle’s promise to pay you the money, so it is an agreement you can enforce in court assuming you make it through the year without smoking. Consideration must be something promised or performed now or in the future, but it cannot be something you did in the past. For example, instead of asking you to quit smoking, your rich uncle promises to give you $1,000 for helping him last year when he was moving. A couple of weeks go by, but your uncle does not give you the money. Unfortunately, there is not too much you can do because the promise to pay you in consideration for your good deed last year is a past consideration, so the agreement is unenforceable. Understanding the concept of consideration contract law requires for a legally enforceable agreement can be difficult. An attorney might be able to answer your questions and concerns.

Five Surprising Facts about Insanity Defenses

Insanity defenses tend to provoke a lot of controversy, especially when a high-profile case ends with the accused being found not guilty because of a mental impairment. For some people, the fact that a person who clearly committed a crime could nonetheless be found not guilty of it is deeply troubling. However, the insanity defense has existed for centuries and is designed to ensure that defendants who are incapable of understanding what it is they may have done are not punished because of an action that was beyond their control. While the insanity defense sparks lots of debate, it is also highly misunderstood. Below are just four aspects of insanity defenses you may not know about. While they certainly garner a lot of media attention, the fact is that using the insanity defense is extremely rare. Numerous studies have been conducted into how common insanity pleas are and almost all of them have found that such pleas are made in less than one percent of cases. In fact, a 1991 study found that not only were insanity defenses made in less than one percent of cases at the county level, but that such defenses were successful only about a quarter of the time. There are three states where it is not possible use the insanity defense. Those states are Idaho, Montana, and Utah. However, while these states do not allow the insanity defense, defendants there must still be found mentally competent to stand trial, meaning that they understand the charges against them. Furthermore, in those three states defendants can still argue that they are not guilty if a mental condition made it impossible for them to have intended to commit the crime they are accused of. While some people get upset that a person who is acquitted of a crime by reason of insanity is viewed as “not guilty” in the eyes of the law, it is important to point out that such an acquittal does not necessarily translate into freedom back into society. In fact, the American Psychiatric Association has studied this issue and points out that those who are acquitted by reason of insanity are, on average, confined to an institution for longer periods than those found guilty of similar crimes are incarcerated in prison. Psychiatrists and psychologists play a big role in criminal cases involving insanity defenses. That is because these professionals are considered expert witnesses who can offer testimony to help determine whether or not the defendant is insane. However, the ultimate decision about whether or not a defendant is insane does not lie with these professionals, but rather with the jury and judge, who must take the evidence provided by expert witnesses into account when rendering their verdicts. Insanity defenses are often a hot topic in the press, but unfortunately much of the controversy fueling the subject is driven by assumptions that are not always backed up by facts. As the above article shows, the insanity defense, while controversial, is a rarely used and misunderstood defense designed to ensure that the justice system is fairly administered.

Five Common Courtroom Objections and Their Meanings

Courtrooms are places that most people would rather avoid. Most people associate courtrooms with lawsuits or criminal charges, and the procedures and terminology used by judges and lawyers can make it difficult for the average person to understand what is taking place. An attorney rising from his or her chair to shout, “Objection,” might seem odd, but there is a meaning behind each and every objection raised by an attorney. Here are five of the most common courtroom objections and their meanings to help you to understand what is happening. An out of court third-party statement offered for its truth by a witness might be inadmissible as evidence because it is hearsay. “John told me that he saw the defendant commit the crime,” is an example of a hearsay statement because the witness is repeating something said by another person. The reason for the hearsay rule is that John is not present in court to be cross examined about factors such as lighting conditions or his eyesight. “I saw John running out of the store, so he must have been the person who robbed it,” is an example of speculation by the witness. The witness can testify that John was seen running out of the store, but the rest of the testimony is speculation because John could also have been running away from the person who actually committed the crime. A leading question is one that is phrased in such a way as to provide the answer to the witness or lead the witness toward the answer the attorney wants to hear. As a general rule, leading questions can be answered with either “yes” or “no.” “Did John return to the house at 9 p.m.” is an example of a leading question. Leading questions are permitted during cross examination of a witness. Expert witnesses, due to their training, education, experience and knowledge, can be asked questions seeking their opinion on a particular topic or issue. Before the opinion can be offered, the attorney asking the question must lay a foundation that demonstrates the expertise of the witness. This is usually accomplished by asking the witness to list his or her credentials and background. The purpose of the evidence offered at a trial is to prove something that is in controversy. Sometimes, the value of the evidence is outweighed by its prejudicial nature. For example the introduction of photographs taken during an autopsy might be objected to by defense counsel as being prejudicial because of the shocking images they portray. The attorney making the objection might argue that the testimony of the medical examiner who performed the autopsy is sufficient to prove the cause of death without the inflammatory photos. The rules and procedures for objections have changed over the years. Today, lawyers frequently make an objection without stating a reason for it which is now an acceptable procedure over the older rule requiring the lawyer to explain the basis for each objection.

A Motion In Limine Can Prevent Damage At Trial

Raising objections to the introduction of evidence is usually associated with the trial stage of a civil or criminal case. It is not necessary to wait until the opposing party attempts to introduce the evidence at trial to raise the objection. Motions in limine can be at any stage of a case to obtain an order from the court limiting the introduction of specific evidence at trial. Limine means “threshold” in Latin, so a motion in limine is a motion made to the court at the beginning of a case. In practice, the motion can be made at any stage of the proceedings including at the trial, but they are most effective when made prior to trial so to avoid the risk of jurors being prejudiced by hearing an attorney begin to introduce evidence followed by an objection by opposing counsel. A defense attorney might consider the use of a motion in limine in a civil case arising out of a car accident that was filed by an injured plaintiff. If the defense attorney believes the plaintiff might try to introduce evidence of the defendant’s conviction 20 years ago for driving while intoxicated, a motion in limine might be better than waiting until the plaintiff’s attorney attempts to ask about it on cross examination of the defendant in front of the jury. Experts are frequently called upon to testify at trials and offer an opinion based upon their expertise in a specific area. The rules of evidence require proof that the witness has the proper education, experience and practical skills to qualify as an expert. Instead of waiting until the witness is called to the stand to testify at the trial, the opposing attorney can make a motion in limine asking the judge to determine in advance of the trial whether the witness has the proper qualifications to render an expert opinion. The judge might elect to conduct a hearing in advance of trial to settle the question of the witness’s qualifications and decide if the individual will be allowed to testify. If the defense attorney in a wrongful death case arising from a serious motor vehicle accident finds out that the plaintiff intends to offer photographs of the deceased taken during an autopsy, he or she might want to exclude them from the trial as being prejudicial to the defense. The attorney might argue that the gruesome nature of the photographs far outweighs any probative value they might have in the case. Even though a verbal objection could be made when the attorney for the plaintiff’s estate offered the autopsy photographs into evidence the damage might already have been done. The chances of some or all of the jurors seeing and being affected by the images before the objection is made and ruled upon is an unnecessary risk that could be avoided by a motion in limine.

Is There a Difference Between Attorney-Client Privilege and Confidentiality?

Attorney-client privilege and attorney-client confidentiality are vital to the relationship that exists between a lawyer and his or her client. Without protections surrounding privilege and confidentiality, attorneys would have an extremely difficult time creating open and trustworthy communications with their clients, which, in turn, would make it difficult for clients to be well represented in legal matters. However, attorney-client privilege and attorney-client confidentiality are two-term that often get confused with one another–even, sometimes, by attorneys themselves! While these two concepts overlap in many ways, they are also different from one another in some very important aspects. Attorney-client privilege and attorney-client confidentiality often get confused for one another because in many cases they serve the same purpose, which is to protect the confidentiality of the information and/or communication that is shared between an: These two concepts are vital for allowing clients to feel as though they can be open and honest with their attorneys without fear of reprisal or self-incrimination. Without such safeguards, clients would likely feel compelled to withhold vital information out of fear that such information could result in undesirable consequences. Privilege and confidentiality, therefore, allow attorneys to provide better legal representation since these safeguards ensure that the attorney is in possession of more information about his or her client’s case. What Is The Role Of A Defense Attorney? The main difference between attorney-client privilege and attorney-client confidentiality is that the former is an evidentiary principle while the latter is an ethical principle. The difference between an evidentiary and an ethical principle matters in a number of ways. First, attorney-client privilege tends to be much narrower in scope compared with attorney-client confidentiality. While attorney-client privilege differs by state, in general, it refers only to communication between an attorney and his or her client. In many cases, attorney-client privilege only protects such communication if that communication pertains to the litigation at hand and it also does not protect communication that is available from a third-party source. Additionally, there may be a number of instances where attorney-client communication is exempt from privilege protections. In contrast, attorney-client confidentiality tends to be much broader in scope. Confidentiality requires the attorney to not only not reveal information that has been shared with him or her by the client but also prevents that attorney from using such confidential information in a way that may be disadvantageous to the client. Furthermore, the duty of confidentiality pertains to most information that may be used against the client, whether or not that information was revealed by the client or by a third party. For example, if an attorney receives information from a client’s friend that could harm the client’s case then attorney-client confidentiality would still forbid that attorney from using that information against his or her client. Again some information may be exempt from attorney-client confidentiality protections. Attorney-client privilege and confidentiality are such overlapping concepts that it is easy to confuse one with the other. However, as shown above, there are some very significant differences between these two principles and these differences can have an important impact on how an attorney chooses to advance his or her client’s case.  

The Two Different Types of Compensatory Damages

Damages are extremely common in personal injury lawsuits. Many people tend to think of damages in terms of compensatory damages, which literally compensate the plaintiff for the loss she or he has incurred, and punitive damages, which are designed to punish the defendant for his or her behavior. What some people may not be aware of, however, is that compensatory damages themselves are also divided into two different categories: special damages and general damages. Understanding these two types of damages is essential for understanding how courts compensate plaintiffs for losses they have suffered. Special damages are the more straightforward side of compensatory damages. Essentially, special damages are those damages that are easily calculable. They often have a firm dollar figure attached to them that are not really up for debate. Medical bills, for example, count as special damages since they provide firm evidence of the dollar amount that would need to be compensated by the defendant if the plaintiff was successful in his or her case. Other easily calculable expenses that are classified as special damages include lost income due to time that had to be taken off work, property loss and damage, and out-of-pocket expenses related to the incident that is at the center of the litigation. Basically, special damages are those that can easily and quickly be calculated without too much debate. In contrast to special damages, general damages tend to be much more subjective and difficult to pin down. General damages include items like pain and suffering, mental illness, anxiety, and emotional distress that are related to the injury in question. After all, a serious car accident doesn’t just leave a victim with physical injuries, but also, in many cases, causes emotional distress, such as frequent nightmares, traumatic symptoms, and anxiety. Quantifying these items is obviously much more difficult than quantifying special damages. Some courts use the “multiplier method,” which calculates general damages by multiplying the sum total of one’s special damages by a number that is dependent on the seriousness of one’s injuries. In other cases, courts will use the “per diem” method, which attaches a dollar value to each day that the plaintiff suffered because of the accident and then adds the value of all those days together. In some cases, court will use a mix of the multiplier method and the per diem method. Regardless, in most instances general damages are usually higher for those who have suffered more serious injuries and lower for injuries that may be considered relatively minor. Compensating injury victims is an important part of personal injury law and is something that civil courts grapple with throughout the country. While specific damages are clearly fairly straightforward, general damages routinely challenge courts to come up with a dollar figure for something that is highly subjective in value. Determining what is an appropriate amount of compensation for injury victims continues to stir up quite a bit of debate, not just among legal experts themselves, but in the media and throughout society.

Three Potential Consequences of Breach of Fiduciary Duty

There is no legal standard of care higher than fiduciary duty. Fiduciary duty exists in many different contexts and situations, but it essentially refers to times when a special trust or confidence is placed in one party by another. For example, directors of corporations have a fiduciary duty to their shareholders, attorneys to their clients, and doctors to their patients. This high duty of care exists because in many of these cases the person who owes the fiduciary duty to another party is expected to use his or her knowledge or expertise in order to advance the interests of his or her client, shareholder, patient, etc. Because of this high duty of care, breaching fiduciary duty is considered very serious and can result in litigation. Here are just some of the potential consequences of breaching fiduciary duty. If an alleged breach of fiduciary duties leads to litigation then one of the most common outcomes is for the victim to receive compensatory damages. As their name suggests, compensatory damages are designed to compensate the victim for loss he or she has incurred as a result of the breach. For example, shareholders in a company may argue that a decision made by the director of the company was designed to profit the director at the expense of the shareholders. The shareholders would have to show the court that the director breached his or her fiduciary duty and also show that such a breach resulted in a loss for the shareholders. If such a breach were proven then the court could order the director to pay compensatory damages to the shareholders. In some jurisdictions, violating fiduciary duty can also lead to punitive damages. Punitive damages go beyond compensatory damages and are designed to punish the party that violated the fiduciary duty in question. Such punitive damages not only discourage the defendant from committing the same breach of fiduciary duty in the future, but they also send a message to society at large that breaching fiduciary duty will result in consequences for offenders. Punitive damages are typically only awarded in cases involving fraud or malice. Aside from the monetary damages incurred, professionals may also face other consequences that could significantly hamper their careers. A breach of fiduciary duty by an attorney, for example, could form the basis of a legal malpractice lawsuit. Depending on the specific claims made, such a breach could even result in an attorney eventually getting debarred. Additionally, a breach of fiduciary duty could result in the loss of a professional license or accreditation, such as in cases involving serious breaches of fiduciary duties by a doctor or an accountant. The loss of such licenses could potentially be worse than being ordered to pay financial damages and could lead to an inability to stay in one’s profession of choice. A fiduciary duty is one of the highest duties of care that currently exist and breaching it is a serious offense. As the above article shows, failing to uphold one’s fiduciary duties could not only lead to major financial consequences, but could even spell the end of one’s career.

The Tricky Task of Proving Payment: A Rent Receipt Can Make The Difference

Assuming that you pay your rent on time and try to live the life of a model tenant, a letter from your landlord claiming that you owe rent might be alarming to you. Even more alarming might be the fact you cannot find a rent receipt for the month your landlord claims was not paid. Disputes over rent payments can end up in court as your landlord attempts to evict you. Courtrooms are anxiety producing places that most people would like to avoid. Unfortunately, a dispute with your landlord over the payment of rent is one of those situations in which going to court might be unavoidable. One of the reasons for the stress and anxiety people experience is their lack of understanding of the process and procedures associated with a civil case. A court is someplace where people can bring disputes and conflicts to be settled by an impartial judge. Judges have the authority make binding and legally enforceable orders after reviewing the testimony, documents and other evidence presented by each of the parties. The fact that judges usually know nothing about the parties or their dispute other than what is written in the papers filed to get the case into court means that the evidence presented by each side in the dispute is essential. The party initiating the court proceedings, frequently referred to as either the plaintiff or the petitioner, has the burden of proving the facts in dispute. The landlord suing a tenant for nonpayment of rent would have the burden of proving each of the following elements of the case through the use of a combination of witnesses and documentary evidence:  The existence of a written or oral lease  The occupancy of the leased premises by the tenant  The amount of the agreed upon rent  The failure of the tenant to pay the rent Proving that the tenant did not pay the rent can be accomplished merely through the testimony of the landlord stating that the rent was not paid. Once the landlord claims nonpayment, the burden of proof shifts to the tenant. Whether a case is based upon the failure of a tenant to pay rent or the default by a debtor in paying money owed under the terms of a promissory note, the burden is on the person claiming payment was made to present evidence to prove it. A rent receipt or a cancelled check would be the easiest way for a tenant to prove that rent was paid. A rent receipt help you to avoid going to court over a rent dispute. You should demand a written receipt whenever making a payment in cash for rent or for any debt or obligation. Some states have enacted laws placing the burden on landlords to give written receipts for cash payments or risk not be allowing to use the courts to collect unpaid rent.

How to Write a Resignation Letter like a Lawyer

When it comes to writing a resignation letter, we all know how important it is to provide sufficient notice, make sure our grammar and spelling are correct, and state when our resignation will take force. What many people overlook, however, is that there are also important legal considerations to keep in mind when handing in a resignation letter. An improperly drafted resignation letter could spell trouble for future lawsuits or it might put in jeopardy benefits that you are otherwise entitled to. Regardless of your job, you need to learn how to write a resignation letter… like a lawyer! The first thing to work out is whether you are really resigning or actually being forced from your job. Your boss may have told you you are being let go, for example, but nonetheless gives you the “opportunity” to write a resignation letter so that you can tell future employers that you resigned instead of getting fired. However, by resigning and not allowing your employer to let you go, you may make it difficult if not impossible to qualify for severance pay or unemployment benefits. Most employment contracts state what notice period is required when an employee resigns or his or her position is terminated. Make sure you read your employment contract and respect the notice period. By failing to respect the notice period, you could be considered in breach of your employment contract, which could expose you to a lawsuit by your employer. In many cases, even if you provide enough notice, the employer will ask you to leave the premises immediately so that neither of you will have to deal with the awkward situation of continuing to work together when you both know that you’ll be leaving soon. Your resignation letter should not be longer than is necessary. In fact, brevity may help you in the long run by reducing your legal exposure. Only include the items that are necessary for the resignation letter to be effective, such as when your resignation will take effect, when company property in your possession will be returned, and if any salary or benefits are due to you. In most cases, outlining why you are resigning is unnecessary and a bad idea, since it could eventually be used against you if your employer claims you are in breach of contract. When writing a resignation letter, you want to make sure that you are not unintentionally exposing yourself to possible legal action. A resignation letter is an important document and before handing one in to your employer, you should check with an employment law attorney to ensure that your rights are being protected.

Know These 3 Things Before Agreeing To A Lease Takeover

There are many reasons why a business or an individual might need to find someone to agree to a lease takeover. If you rent an apartment, the once-in-a-lifetime job opportunity across the country might not allow you to wait until your lease expires to move. As a business owner, the commercial space on which you signed a ten-year lease five years ago might not be sufficient to accommodate your growing business. One method of getting out of a lease is to find someone willing to do a lease takeover with you. Before jumping into an agreement to have someone take over your lease, there are three things you must understand about the process. The assignment of a lease to another tenant might require the consent of your landlord. Some states have laws severely limiting the right of a landlord to refuse to consent to the assignment of a lease on residential property. Most states do not place the same restrictions on the owners of commercial properties, so you should check the laws in your state to find out what rules apply in your particular situation. If you do not obtain the consent of your landlord to a lease takeover, you could remain legally obligated for the rent and other obligations under the lease in the event the new tenant does not fulfill them. For example, if the tenant taking over your lease does not pay the rent, the owner of the property can sue you for it. The reason for this is that the original lease was between you and your landlord. By not getting the landlord to agree to the lease takeover by the new tenant, you would continue to be liable under its terms. Finding a tenant to take over a portion of the property that you are leasing is referred to as a sublet. The new tenant signs a sublease agreement with you agreeing to pay your rent for the portion of the property being sublet. In effect, you become a landlord for the portion of the property specified in the sublease. A sublease is not a lease assignment or lease takeover because you remain as a tenant for the portion of the property not affected by the sublease. As far as your landlord is concerned, you are responsible for payment of the rent on the property described in your lease. The sublease does not relieve you of your lease obligations to your landlord. Entering into a lease takeover with someone without a written agreement signed by all parties, including the landlord, is dangerous. A written assignment of lease that clearly states the terms and conditions under which you are allowing someone to take over your lease is valuable as evidence in the event of a dispute between: Before agreeing to any lease takeover, you should consult with an attorney who practices in the area of leases and tenant’s rights. You can avoid costly mistakes by having the attorney review your lease assignment to make certain that it complies with local laws and protects you from liability.

Hiring Someone To Represent You: Five Questions To Ask A Lawyer

Every lawyer must pass a bar examination and be screened before being allowed to practice law, but choosing the lawyer who is the best one to handle your particular legal matter can be a daunting task. Deciding which of the many lawyers admitted to practice in your state is the right one to represent you may come down to the answers you receive to these five questions you should ask a lawyer before hiring him or her. Don’t exclude an attorney from consideration simply because the person has not been practicing for very long. Ask a lawyer who is recently admitted to the bar to explain to you the experience the individual has had handling your type of legal matter. You might be surprised to learn that the attorney clerked for a judge and has considerable experience researching and writing opinions about the area of law in which you need representation. Some states certify attorneys as specialists in particular areas of the law, including: .   Family Law .   Criminal Law .   Elder Law .   Civil Trial Advocacy .   Estate Planning, Trusts and Estates Ask a lawyer if he or she possesses a certification as a specialist in the particular legal area in which you need representation. The Martindale-Hubbell Peer Review Ratings use responses from randomly chosen attorneys located in the general geographic vicinity as the attorney chosen to be rated. Ratings are based upon the following five criteria: .   Legal knowledge .   Judgment .   Analytical ability .   Communications .   Legal experience The sources of the ratings are not revealed to the attorney being evaluated to keep the results impartial. A high Peer Review Rating is a good indicator of how the lawyer is thought of within the local legal community. It might come as a surprise to people that malpractice or, as it is also referred to, professional liability insurance is not carried by all attorneys. If the attorney you are considering hiring to represent you does not handle the matter correctly, you might be able to receive compensation from the malpractice policy. Ask the lawyer how much it will cost to be represented in the particular legal matter and how payment is to be made. You do not want to be shocked by an unexpectedly large bill for services rendered at the conclusion of the case, so ask the lawyer the amount of the fees, the expenses for which you are responsible and how frequently you will be billed. Regardless of the questions you ask a lawyer, you should take advantage of the opportunity to speak to current or former clients to find out about their experience with the attorney or with the law firm. Client referrals or recommendations coupled with information you get from the questions you ask the lawyer will help ensure that the person you select is the best one for the job.

Five Ways to Spot a POA Scam

A power of attorney (POA) is a powerful legal tool that grants one person the authority to make legal decisions, such as those related to health and financial matters, on behalf of another individual. When placed in the right hands, a POA is an important way to ensure that people who are temporarily or permanently incapable of making their own decisions have somebody they can trust to make those decisions for them. However, POAs are also rife with abuse and, when placed in the hands of unscrupulous or greedy individuals, they can quickly lead to scams and fraud. Here are five ways to spot a possible POA scam. In many cases, an individual needs only grant power of attorney to another person for limited duties or for a temporary amount of time. For example, if a person injures herself, she may grant power of attorney to a neighbor to have that neighbor renew her driver’s license while she is incapable of doing so herself. However, the neighbor may take advantage of the situation and have the injured woman agree to a POA that grants the neighbor complete access to her bank accounts. If somebody seems to have more power than appears warranted given a certain situation, then POA abuse may be occurring. Another common scam occurs when an elderly person has a mishap and suddenly a long-lost relative, such as a nephew or cousin, shows up offering condolences and support. Soon, this “caring” nephew convinces the elderly relative to sign over a POA so that the nephew can provide better care. What often ends up happening is that the supposedly concerned relative ends up using the POA to raid the elderly relative’s accounts. Another tactic that a greedy relative or friend may use is to convince an elderly person that they can substantially increase their retirement savings if they allow that money to be invested in a “sure fire” business opportunity. This relative may place the money into their own highly speculative venture, which in many cases not only fails to produce the promised returns but also leaves the elderly individual with little left in his or her accounts. Elder abuse is a growing problem and one in which POAs can play a powerful role. Somebody who abuses a POA violates not only the trust an individual has placed in him or her, but also breaks the law. Proving such abuse is happening could be key to revoking power of attorney and ensuring that elderly loved ones are being cared for properly and with respect.

How The Supreme Court Changed The Number of States that Allow Gay Marriage

Before the U.S. Supreme Court ruling in 2015 declaring laws banning same-sex marriages to be unconstitutional, a review of marriage laws throughout the country would have revealed that states that allow gay marriage far outnumbered those that did not. In fact, 37 states allowed same-sex marriages, so what were the issues preventing all states from granting marriage licenses to gay couples? Each state sets its own standards for the marriages that it agrees to recognize as being legally valid. The issuance of a marriage license is just the first step in a process established by legislation. Couples must meet requirements as to age minimums and residency restrictions in order to be eligible to receive permission to marry. State legislatures set the standards for marriage and determined who would be allowed to marry. For example, states have laws prohibiting marriages between individuals related by blood. They also have laws that allow the state to refuse to recognize as valid a marriage entered into when one or both of the parties is already married to another person. The argument the dissenting justices made in the 2015 case was that the Court’s ruling was usurping the authority of the state legislatures by redefining the very concept of marriage stripping the states of the right to control marriage within their own borders. This argument focused on the long-held belief that marriage was a union between a man and a woman. The dissenters claimed that the action taken by the Court was and should remain a legislative function. Speaking for the majority of the Court, Justice Anthony Kennedy wrote that the intimate relationship associated with marriage should not be denied to a couple simply because the partners were of the same sex. He rejected claims that procreation and childrearing were essential to a marriage and could not occur in a union unless the parties were of the opposite gender. Kennedy wrote that many traditional marriages exist in which the parties choose not to have children and many same-sex couples want to adopt children and raise them under the same union as straight married couples. The foundation for the ruling in Obergefell v. Hodges was the Fourteenth Amendment process and equal protection provisions. Denying a marriage license to a couple solely on the basis of the sexual orientation of the parties was preventing same-sex couples from enjoying the same rights and benefits granted to other couples. The increase in the number of states that allow gay marriage to all 50 states and the District of Columbia does not affect marriages in other countries. The Supreme Court ruling is limited to marriages in the U.S., but the global media attention the decision triggered might cause countries with laws similar to those that existed in states that previously banned gay marriages to rethink their policies.