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Penalties For Food Stamp Fraud

Food stamp vouchers are an excellent option for families who are having a difficult time making ends meet. The vouchers are provided by the Supplemental Nutrition Assistance Program (SNAP) and are used in exchange for food at grocery stores and other participating retailers. Country-wide programs are put in place by the Food and Nutrition Service to ensure that local organizations and State agencies are equipped to help those in their community who are in need. SNAP benefits are housed on an electronic benefits transer (EBT) card, which functions the same way a debit card would. The amount of food stamps given depends upon the family’s situation. A household with more dependents and less income is generally entitled to a larger food stamp allowance. And as helpful as the SNAP program may be, it is taken advantage of in more ways than one. Below, we’ll take an in-depth look at these transgressions – the different types, how it is handled, and the penalties of food stamp fraud. What is food stamp fraud? When someone intentionally provides misleading information about the size of their household or the amount of their income on an application for food stamps, they may be guilty of food stamp fraud. And while this is the most common form of food stamp fraud, there are other examples that happen more often than you’d think. SNAP fraud can also take place through: While food stamp fraud does happen, it is getting harder and harder to get away with it. Tracking fraud and preventing it is a high priority for the government, and they are able to monitor fradulent activity through undercover investigations, regular audits, and retailer/buyer data. With technological advances, it is easier for the USDA to track suspicious behavior and catch those who commit food stamp fraud. But what are the penalties? The government agency responsible for the dispensation of food stamps may conduct an investigation if they receive information or suspect that someone is committing food stamp fraud. The investigation may include visits to the home of the family who is receiving assistance. It may also involve interviews with family and neighbors who can attest to the size of the household and any income sources. If the agency believes that food stamp fraud has been committed, then they have several steps available to them. The first of these is a disqualification hearing. During the hearing, the agency must prove that the individual intended to commit fraud. If they are successful at doing so, the person who wrongfully received food stamp assistance may become ineligible for such help for a specified period of time. Moreover, they may be required to repay any amounts received in excess of their rightful entitlement. It is also possible for the agency to pursue criminal charges at the misdemeanor or felony level. The ability to file criminal charges, and the penalties enforced, vary considerably between counties and states. Nonetheless, individuals who commit food stamp fraud may find themselves facing up to one year in jail and a substantial fine. For subsequent offenses, or for food stamp fraud involving larger dollar amounts, the accused may be facing up to five years in prison, several years of probation or an even bigger fine. The individual who would rather avoid both a hearing and a possible criminal charge may elect to waive the disqualification hearing. By doing so, the person is giving up benefits for a predetermined time period, and may also be required to pay back the overage they received. In these situations, it is typically best not to admit any wrongdoing, as this may leave the individual open for criminal prosecution. The advice of an attorney may be helpful when it comes to deciding which approach to take. If you are being charged of food stamp fraud, it is best to seek help from an experience fraud defense attorney. If you believe that someone is misusing their SNAP benefits or cheating the system as a retailer, there are options to report the crime. To report food stamp fraud (SNAP fraud), all you have to do is reach out to the USDA Food and Nutrition Service. You can file a complaint over the phone, through written mail, or with an online submission. For more direction, here’s a look at our guide on reporting food stamp fraud. If you are planning to apply for food stamps, or know of someone who here, check out the details of the SNAP application process.

Qualifications To Become A Supreme Court Justice

While the Constitution stipulates qualifications for being President of the United States, it is silent as to qualifications for Supreme Court justices. Nonetheless, several preferred qualifications to become a Supreme Court Justice have emerged over the long history of the court. When there is a vacancy on the court, it is the job of the President to nominate a suitable candidate. The Senate must vote to confirm the candidate. If a simple majority approves the choice, then there is a new Supreme Court Justice. However, confirmation is never a foregone conclusion. When the Senate does not vote in favor of a candidate, the President must supply another nominee. The Constitution does not say that a Justice must be American born, a certain age, or hold any particular profession before being selected. However, most Justices tend to begin their tenure while in their 40s or 50s and may remain with the court as long as they wish or until they are impeached for improper behavior. Most Supreme Court nominees are personal acquaintances of the sitting President. An overwhelming majority of them attended law school and worked as a lawyer or served as a judge prior to their nomination. In fact, in the long history of the court, most of the Justices held some kind of public office before being confirmed. Looking at the court’s history also reveals that where each Justice was educated is important. Most of the Justices, both past and present, attended either Harvard or Yale Law School. Many of the others were educated at Columbia, Northwestern, or another top tier law school. The court’s highest Justice, the Chief Justice, also is not required to have any specific qualifications. In fact, the Chief Justice isn’t even required to have served as an Associate Justice. For this position as well, an individual is nominated by the President when the Chief Justice’s seat becomes vacant. The Senate must confirm the President’s choice. It is only in more recent decades that candidates other than white, Protestant males were nominated for positions on the Supreme Court. The first African American Justice, Thurgood Marshall, began serving in 1967. The first female to serve was Justice Sandra Day O’Connor in 1981. It was not until the 21st century that a Latina, Justice Sonia Sotomayor, was selected for the Supreme Court. To learn more about the selection process, here’s a bit more detail on how a new Justice is chosen.

How Long Can A Canadian Citizen Stay In The United States Without A Visa?

Canada and the United States have long enjoyed a prosperous relationship as neighbors. The citizens of both countries may cross the border with relative ease. In most cases, a valid U.S. or Canadian passport is sufficient documentation to allow for crossing the border. In other instances, such as when a Canadian citizen is hoping to immigrate to the U.S., a Visa is required. Nonetheless, Canadians can stay in the U.S. for an extended period of time without a Visa. How Long Can a Canadian Citizen Stay in the U.S. With Just a Passport? A Canadian citizen may visit the U.S. for up to six months within a 12 month period without a Visa. This means that the Canadian may enter the U.S. for business or pleasure for a total of six months without needing any documentation other than a passport. However, they must leave at the end of the six months, and may not return until an additional six months have elapsed. If it looks like the Canadian citizen is spending much more time in the U.S. than in their homeland, American Customs and Border Patrol agents may grow suspicious that they are trying to emigrate. The Burden Is on the Canadian Citizen Canadian citizens must disclose the purpose of their visit to Customs and Border Patrol personnel as they cross the border. Canadians staying in the U.S. may make a request to change or extend their stay before the expiration of their already approved visit. If the visitor has decided that they will live, work or study in the U.S. on a more permanent basis, they must disclose this when they initially cross the border. Moreover, should the U.S. Customs and Border officer feel that the Canadian citizen is spending an inordinate amount of time in America, they may request proof that the Canadian is not a de-facto American citizen. This can be done through the demonstration of permanent ties to Canada. If a Canadian crossing over the border is concerned about getting a suspicious border agent, it may be helpful to have documents proving ongoing Canadian citizenship. A recent paystub, copies of utility bills, a tax return document or documents proving an intended date to return to Canada are all useful. These documents may not be necessary, but bringing them along can help the traveler to prove their intentions on the spot and can smooth the entry process.

What Is Civil Court?

Most courts in the United States are either civil or criminal. In criminal courts, people who have been accused of breaking a law are tried. Civil courts are where a plaintiff may sue a defendant. The manner in which a civil matter is tried, and the punishments that may result, is quite different from what happens in a criminal court. Types of Civil Cases In a civil suit, a plaintiff sues an individual or entity that they believe has harmed them. This could be a matter in family court like a divorce or custody hearing. It may also be an eviction or a matter where one person sues another because of injuries sustained in a car accident. Bankruptcy cases and lawsuits against debtors are also heard in civil court. Groups or individuals who believe that their civil rights have been violated may also sue in civil court. How Is a Civil Case Won? Most people are familiar with the term, “beyond a reasonable doubt.” However, that is a criminal court concept. Civil courts are concerned with a “preponderance of the evidence.” Essentially, it is up to each of the plaintiff and the defendant to prove that they have the stronger case through the presentation of evidence. Just because the plaintiff brings the suit does not guarantee victory. Decisions in civil court are made based solely on the evidence. Possible Civil Court Outcomes Unlike in criminal court where a guilty verdict likely means going to jail, the outcomes of civil matters are quite different. In civil lawsuits, the plaintiff asks for a form of relief, which may be either monetary or equitable. Monetary relief is asked for when a cash award can repair the damage suffered by the plaintiff. Monetary relief may include back pay for an employee who was wrongfully terminated. Another form of monetary relief is called compensatory damages. This is money paid to address non-economic harm like a damaged reputation or emotional distress. Punitive damages, designed to punish the defendant, may also be ordered. In many cases, the plaintiff may also ask that the defendant pay their attorney’s fees. Equitable relief concerns asking the other party to either perform an act or to refrain from performing an act. Being granted equitable relief may mean that the other party must abide by the terms of a contract. Usually, equitable relief is granted only when monetary relief is inadequate compensation.

Duties And Responsibilities Of A Mayor

The duties and responsibilities of a mayor can vary significantly depending upon the city that elects them. In some cities, the mayor primarily has a ceremonial role while in others he is responsible for myriad administrative, legislative, and operational tasks. Regardless, the office of the mayor is frequently a coveted one, and many people are anxious to fulfill these duties in their community. This type of mayor is often found in cities where the government is structured as a council-manager system or as a council-weak mayor system. This governing style is often found in smaller towns and cities. With this power structure the council, which is essentially a panel of citizens who are responsible for most administrative and operational procedures, wields the most influence. The mayor is typically a member of the panel who has been elected to oversee the panel’s activities. They may also serve as a figurehead for the community, making appearances at special events and welcoming visiting dignitaries. The ceremonial mayor does not have the power to veto decisions made by the council and generally does not set up offices of his own to handle administrative tasks. In the council-strong mayor power structure, the city’s management system is quite different. This government functions much like a state or federal government entity in which an elected leader wields considerable legislative power. The mayor in this type of power structure may be responsible for making and implementing laws, and usually has the power to veto laws that are voted on by the council. Mayors who have legislative authority serve as the head for various departments within the city. This may include departments like: The mayor has the power to make hiring and firing decisions. They may also be responsible for creating special departments geared toward addressing specific issues their city may be facing. For instance, a mayor might set up a gang task force or a department designed to combat the proliferation of meth production facilities. This mayoral role comes with a great deal of responsibility. Examining the President’s Legal Responsibilities Mayors are frequently responsible for their city’s budget. This involves deciding how funds will be allocated in the coming fiscal year. Mayors also serve as public relations contact and may have to interact with the media often.

Legal Definition Of Tolling Agreement

The Tolling Agreement might be mistaken for a highway toll bridge where money is collected. But it also has another definition with regards to rights and contract law. Here is the legal definition of the Tolling Agreement. “Asserting Rights after Statute of Limitations” The Statute of Limitations (also Statute of Repose or Nonclaim Statute) allows for the court system to proceed in an orderly fashion. Collecting evidence, deposing witnesses and filing claims would be quite difficult if there were no time restraints on lawsuits. The Statute of Limitations sets a fixed time period for completing certain matters. While the statute of limitations may be good in most cases, it may be wise to suspend the rules due to some unforeseen event. A contract can be written with something called a Tolling Agreement, which allows for pausing, delaying or suspending the time period that will automatically kick in. This provision extends rights past the normal statute of limitations time period. Parties who have agreed to tolling, waive any defense. At times, an action cannot be adequately completed in due time; tolling allows parties and authorities more time to assess and determine the legitimacy and viability of claims. Common circumstances where tolling may be involved include underage juvenile status, insanity, bankruptcy, natural disaster or good-faith negotiations. In each of these cases, a “special condition” exists that could lead to a sensible extension of right beyond the time frame limits. Liability insurance and other agreements may be invalidated by tolling agreements. “Sports Use Tolling Agreements” Another place where tolling agreements are used quite often are sports. Most modern professional sports – basketball, baseball, football, hockey and soccer – have collective bargaining agreements, which carefully stipulate the rights of both players and owners based on strict fixed time frames. In college, when an athlete transfers or is injured, he can apply for another year of eligibility. This is a form of tolling. Another example is a minor league deal for baseball or hockey. Young athletes want a chance to make the major league team. Many contracts have time frames where the major league must make a decision after a certain period of time. If not, the athlete wants to try out with another team. A Tolling Agreement may suspend this time period due to injury.

How Does A House Arrest Ankle Bracelet Work?

Socialite and reality television star Paris Hilton is no stranger to making scandalous news headlines, but she truly outdid herself in 2007. While serving a term of probation for driving under the influence in California, Hilton was ordered to serve 45 days in a detention facility for a number of violations of her supervised release. After spending just a few days in jail, prison officials feared Hilton would suffer a major nervous breakdown, and so they transferred her to home confinement and monitored her with an electronic ankle bracelet. So, how does a house arrest ankle bracelet work? In several jurisdictions within the United States, electronic ankle bracelets are used in lieu of keeping defendants in custody. Prison overcrowding and inmate warehousing are major concerns in the criminal justice system, and the cost of keeping defendants in jail is a burden on taxpayers. House arrest and home confinement are part of community corrections, a strategy that can help prevent the growth of the prison industrial complex. Keeping defendants in jail before trial is also a costly and risky endeavor. Finding Out If A Person Has An Arrest Warrant Electronic ankle bracelets are often used for community corrections efforts. The type of bracelet that Paris Hilton wore is used in conjunction with a radio frequency base unit that is connected to a traditional telephone line. The reports sent over the phone by the base unit are usually monitored by a third-party contractor, although some law enforcement agencies take care of this function in some jurisdictions. The ankle monitor cannot be removed and is a: It will alert the base unit if it is tampered with, and the maximum range of this system is usually 3,000 ft within the radius of the base unit. Should the defendant move out of range, the base unit will emit a loud alarm and the monitoring agency will be notified immediately. Defendants on home confinement may be allowed to work or go to school while wearing the device; to this end, the monitoring agency is notified of the job or class schedule so that the defendant is not mistakenly labeled as a fugitive. The other type of ankle bracelet uses Global Positioning System (GPS) technology and requires a mobile phone to be carried by the defendant in some cases. Some GPS ankle monitors incorporate the mobile phone into the device. In recent years, GPS ankle bracelets have been used to enforce restraining orders.

How Long Do Breathalyzers Detect Alcohol?

Imagine: you’re out with friends, and you have a drink or two. It’s nothing out of the normal, but as the evening winds down, you get ready to hop in your car and go home. You put the keys in the ignition and realize you are still a little buzzed. Anxious thoughts start to cloud your mind, and you wonder if you should make the drive home or find another means of transportation. You know you should never drive impaired, but if you had just one or two drinks, would alcohol show up on a breathalyzer test? The answer is different for everyone. If you’ve ever had alcohol in your life, you’ve probably experienced a similar situation. After drinking any amount of alcohol, it’s always best to play it safe and not get behind the wheel while still intoxicated. So, how do you know when it’s okay to drive? In this article, we’ll answer the question: how long do breathalyzers detect alcohol? Breathalyzers are devices used to gauge what a person’s blood alcohol content is. The device takes a reading after a person exhales into it. Breathalyzers are most often used in the following situations: The breathalyzer is the easiest on-site method. If you are at a police station for a driving offense, urine or blood samples may be requested of you. The two primary types of breathalyzer technology used in hand-held devices are 1) electrochemical fuel cell or 2) semiconductor oxide sensors. Both measure the rate of oxidizing alcohol. The infrared spectrophotometer breathalyzer equipment is larger and located in police stations. Some breathalyzers are faulty and will give you inaccurate readings due to body temperature, acid reflux or a bloody mouth. Natural compounds, like “ketones,” can be mistaken for alcohol in the bloodstream also. Alcohol is either digested and metabolized by the body or excreted in sweat, urine, or breath. On an empty stomach, the average man absorbs 20% of the alcohol straight into his bloodstream. Men and women vary in terms of how fast their bodies metabolize or process alcohol. Weight, height, age, and race are all factors for the drinker. The amount of food in your stomach is also a variable. Finally, the type of alcohol (wine, beer, or liquor), rate of consumption, and the number of drinks consumed will determine how fast your body burns through alcohol. Experts estimate that the average man will break down alcohol at a rate of 0.015 BAC per hour. Thus, if your BAC is 0.030, it would take two hours to have all the alcohol leave your system. For example, let’s say two people drink the exact same amount of alcohol in the same amount of time. Person 1 is a woman who is five feet tall and 100 pounds, while Person 2 is a male who is 6’3″ and 200 pounds. Because of their size, Person 1 would have a much higher blood alcohol content for a longer amount of time. According to the Cleveland Clinic, you can determine your blood alcohol content with just a few pieces of information. You need the number of ounces of the beverage you consumed, the alcohol percentage in the beverage, your weight, and the number of hours you have been drinking. Then, you can plug that information into the clinic’s calculator to get an accurate answer. The more you drink in a shorter amount of time, the higher your blood alcohol content will be. The courts remind you that drinking and driving is not illegal, “impaired driving” is illegal. But most states have made the BAC so low that this is a distinction without a difference. Usually, a police officer will take an “impaired driver” to the police station to prevent him from driving, book him and get a more reliable blood test. Time is the only answer to lowering your blood alcohol content. If you have ever been drunk, you probably know from personal experience that sleeping, drinking water and coffee, and eating will make you feel better. You might even feel more alert, but none of those things will actually lower your blood alchol content. You end up being a full, caffienated drunk person, but nonetheless – you’re still just as intoxicated. Overtime, your bloodstream will start to clear out the alcohol, and you will sober up. To learn more about this subject. here’s a more in-depth look at How to Calculate Blood Alcohol Content.

How to Keep Your Tax Refund in a Chapter 13 Bankruptcy

In the United States, individuals who come under financial strain and become insolvent have two options for discharging their debts: Chapter 7 and Chapter 13 bankruptcy filings. Under the former bankruptcy type, debtors convert their liquid assets into cash and conform to a plan to pay off as much as their debts as possible; the latter filing allows debtors to hold on to certain assets such as vehicles while they attempt to settle with creditors. Both Chapter 7 and Chapter 13 bankruptcy filings provide some relief, but not all debtors qualify for the former. Individuals who earn more than the median income in their state of residence are not able to file for Chapter 7. Tax Refunds Under Chapter 13 One of the provisions of Chapter 13 bankruptcies is that debtors are expected to use their disposable income to settle their debts in accordance to the court-ordered repayment plan. Since tax refunds are considered disposable income, the bankruptcy trustee will demand the full amount of tax refunds to be turned over so that they can be distributed among creditors; however, debtors can petition to make modifications to their Chapter 13 plans for the purpose of holding on to a greater portion of their money. Any money that debtors in Chapter 13 earn beyond what they need for food, clothing, shelter, transportation, and other basic living expenses must be turned over to the bankruptcy trustee. Debtors who wish to retain their tax refunds as they work their way out of Chapter 13 are better off petitioning the court in advance of their repayment plan being approved. Otherwise, they would have to file for a modification to excuse their refund. Bankruptcy trustees and judges are more likely to approve a Chapter 13 repayment plan modification that calls for a one-time, immediate excuse than for several. There must be at least one good reason to justify retaining some or all of the tax refund; for example, a death in the family, sudden job loss, urgent car repairs, unexpected medical expenses, etc. If, however, the debtor sees a long-term or permanent reduction of income, this could justify a request to excuse all future tax refunds until the employment situation improves.

How To Get An Autopsy Report

When someone dies due to mysterious circumstances, an autopsy report may be conducted to determine the “cause of death.” If you are a close family member, you might be interested in receiving this report for genealogy purposes. Here is how to get an autopsy report. An autopsy (also referred to as necropsy or post-mortem examination) is a surgical procedure aiming to find the cause of death. This can be for a legal purpose or for the general advancement of medical science. An autopsy can either be external or internal; internal autopsies require the permission of the next-of-kin. If the death was expected or due to an obvious cause, an autopsy is usually not performed. Most of these post-mortem examinations are made because the death was sudden and unexpected. A family member, police official, or a grand jury may authorize the autopsy. A forensic autopsy allows for five causes (or classifications) on the death certificate: The majority of states require the county or state medical examiner to complete an autopsy report along with video-taping the examinations. How To Obtain a Death Certificate The autopsy report is considered to be a confidential health record. If you are a close family member to the deceased, you might be able to get your own copy of the autopsy report for your genealogy records. Each state has its own rules with either the county or state government being in control of the autopsy report. If you want an autopsy report, note the county where the individual lived and died. You can start by looking up the county or state medical examiner’s office on the Internet. Write down its physical and mailing address. Usually, you can download the form from the government website. You must write a formal request for the autopsy report. List the name of the deceased, county of death, your relationship, and your mailing address. Notarize the document. You might want to include a phone number or email address where you can be contacted. There might be a fee also. If you are denied the autopsy report, you can always contact a lawyer. Your attorney will need to demonstrate why you should be given access to this confidential record.

How to Report Section 8 Fraud

In early June 2014, probation officers in the Poconos region of Pennsylvania came across records of two individuals under their supervision and noticed that they shared the same residential address. Under certain terms of probation and supervised release from prison, many individuals are not allowed to associate or live with others who have been convicted of certain offenses. A closer look revealed that the home was funded by the Housing Choice Voucher Program, which is more commonly known as Section 8. The investigation by the Pennsylvania probation officers revealed two major Section 8 violations: A convicted felon residing in a home benefited by housing vouchers, plus an adult earning a full-time salary without reporting it to housing officials. The probation officers reported the situation to prosecutors, who charged a woman with Section 8 violations and theft by deception. Understanding Section 8 The United States Department of Housing and Urban Development (HUD) provides Section 8 assistance as a major program designed to help disadvantaged populations in terms of housing. Section 8 vouchers are essentially cash payments that households can use to pay rent and utilities. Unfortunately, this federal subsidy is often a target of fraud, waste and abuse. In the Poconos case mentioned above, the woman charged with the fraudulent acts was receiving close to $14,000 per year in government assistance. Types of Section 8 Fraud Unscrupulous people can defraud the Section 8 program in various ways. One of the most common violations consists of deceptively underreporting income earned. Another violation is to rent a room in the Section 8 home or allow unauthorized people to live in the residence. Reporting Fraudulent Section 8 Violations Since Section 8 programs are handled at the community level, the best way to report compliance issues and suspicious activity is to contact the local housing authority. Each agency has an internal unit dedicated to receiving reports and investigating alleged violations. Those who report Section 8 fraud can request anonymity. Specific reporting methods range from online forms to telephone calls and personal visits. All investigators ask to be provided with as much information as possible, including identifying information of the suspected perpetrators, photographs, copies of documents, and the alleged scheme. Writing down a detailed explanation that answers questions such as who, what, where, and why are often recommended. Staying anonymous may prevent the ability to follow up on the status of the investigation.

How Do I Locate My Property Lines?

Property lines are important for determining what belongs to you and what belongs to your neighbor. Home owner liability can be a challenge with regard to things like trees that may have branches overlapping two properties. How do I locate my property lines? “Getting Blueprint of Your Home” Before you plant a tree, build a fence or extend your house, you need to know where the boundary line is between your property and the next. Most people “assume” that a fence may mark the correct property line. This might not be true. Serious legal problems could result if you placed something on your neighbor’s property. The first step for finding your property lines is to look at the ground of your property. As many neighborhoods were being developed, the construction crew would place a wooden post or cement block to mark the borders of each subdivision. You might want to make a quick drawing of your property noting landmarks. Second, look for your property deed or surveyor map. You should be able to get these at the local government office. “Local City or County Property Office” If you do not have your property deed, then you should go down to your local city assessor’s office or county recorder’s office to get a copy. You might even be able to view it online. On the property deed, there will be a section called “Legal Description.” This will consist of the surveyor coordinates establishing your property lines. “Hire Surveyor or DIY” The modern surveyor uses laser equipment to site fixed points and landmarks. The surveyor’s map is also called the “plat.” While you can survey your property yourself, only a professional surveyor can modify official property lines. There are two primary methods for conducting a survey: “Metes and Bounds” or “Public Land Survey System.” Metes uses direction (or bearing) and distance (or length) to determine the property lines, like an array. The traditional process uses landmarks to determine boundary lines, like a tree or a post. The Public Land Survey System was set up to create a square grid of the United States with each section consisting of 640 acres. A sample Legal Description of your property might be the following: “NW 1/4 of section 22.” Another great resource is the United States Geological Survey collection of maps. Or if you have GPS, you can double-check these other measurements.

How To Divorce Your Parents

Sometimes children are more responsible than their parents. It is a sad fact of life. Here is how to divorce your parents. We all have difficulties and disagreements with our parents. When you are angry over something your parents did, you need some objective perspective. Is this normal? Do they care about me? Or are their actions toxic, abusive or harmful? You might want to disengage, disassociate or detach yourself from them, but they are your parents. They have legal authority and control over you. You want them to respect your boundaries. Even though you want to leave, you can’t just run away because your parents have legal authority over you. The wisest path is legal emancipation. For most states, the legal age of emancipation is 18. Parents have the legal authority, duty, responsibility and physical custody over children until that “age of majority.” Children are not supposed to sign contracts, drink or do any other “adult” activities. But sometimes, parents can be neglectful, harmful, or abusive to their children. Drunken or drug-addicted parents might get arrested and need their children to bail them out of jail. Or worse yet, the parents might steal their son’s or daughter’s money.   Child labor laws still apply whether you live at home or are legally emancipated. You must work to be able to pay for your: You still cannot vote or drink alcohol. You must show “signs of maturity” to qualify for legal emancipation. Check out the local courthouse for “emancipation forms.” You will need to pay a fee and might need to hire a lawyer. The courts will ask you “Why do you want emancipation?” The primary legal reasons are the following: neglect, abuse, pregnancy, marriage, military, or assuming adult responsibilities. You will need to prove your case. The court will probably ask you – “How will you pay for your expenses.” Fill out your papers, file them, and wait for your hearing date. At the hearing, your parents have the right to “contest” your request. Both sides will be able to make their arguments. Even if granted, a court reserves the right to rescind its grant of child emancipation. Most of the children who succeed with legal emancipation lawsuits tend to be child actors.

How To Report Cell Phone Spam

For mobile phone users, Spam is defined as receiving any unwanted or unsolicited text messages. Two federal laws have been enacted that prohibit the sending of spam. The first legislation was the Telephone Consumer Protection Act (TCPA) signed in 1991 and revised in October 2013 to include cell phone text messages. The second law, enacted in 2003, was created to directly ban unwanted commercial messages, also referred to as spam, from targeting cell phones and was named the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM). Both Acts make the sending of spam text messages illegal and subject to financial penalties. Even with the federal laws in place and when cell phone users take measures to prevent the receipt of unwanted text messages, such as registering their cell phone numbers with the Federal Trade Commission’s National Do-Not-Call list, some spam texts continue to arrive. In addition to being a nuisance, spam text messages can be costly to cell phone owners if they have limited text messaging plans. There are two simple and convenient options available for reporting cell phone spam; one is with the federal government and the other is with the cell phone service provider. <strong>Federal Government</strong> The Federal Communications Commission’s (FCC) complaint process, http://www.fcc.gov/complaints, offers menu style options for a full array of wireless telephone situations. Unless someone is interested in reading all of the various scenarios that can be reported; the form needed to report cell phone spam is the FCC Form 1088G, titled Call or Message to Wireless device (Cell Phone or Pager) Complaint. The form is located at http://transition.fcc.gov/cgb/consumerfacts/1088G-R.pdf and can be filed online or faxed to 1-866-418-0232. Individuals can register a complaint with the FCC by calling the Customer Center at 1-888-225-5322 for voice communications or 1-888-835-5322 for those with hearing problems. A complaint can also be registered in writing and mailed to: Federal Communications Commission, Consumer and Governmental Affairs Bureau, Consumer Inquiries and Complaints Division, 445 12th Street SW, Washington DC 20554. <strong>Cell Phone Mobile Providers</strong> Most major cell phone providers have created systems that enable their customers to report spam messages by forward texting the spam to 7726. This allows the mobile provider to effectively block any future messages from a specific sender. This process needs to be handled separately for each spam sender, but it provides the mobile provide with documentation from a sufficient number of customers that can be used to bar the sender from future spam texting.

How To Get Off Probation Early

Many people are sentenced to serve a term of probation either after serving time in jail or instead of serving jail time. Although the laws that govern probation vary between jurisdictions, it is possible to draw some general conclusions about how to get off probation early. Get Informed Perhaps the most important factor when it comes to getting off probation early is knowing the law in your jurisdiction. It should be easy enough to look up the pertinent laws online. Alternatively, get in touch with your lawyer who can probably offer plenty of advice about methods for ending probation early. Early Termination of Probation Not every jurisdiction allows the probation period to end early. In some places, being sentenced to six months of probation means that every minute of that time must be served. Other places are more lenient. To qualify for early termination, several qualifications usually have to be met. Most courts do not grant defendants with the “right” to have their probation term ended early. Instead the defendant must have good reasons for needing to end probation early and has to comply with a number of stipulations. Typical Requirements for Early Termination Many jurisdictions that allow early termination require that the defendant serve at least a certain portion, such as half or one-third, of their probation before being eligible. The defendant should also be on track as far as paying any fines or fees that are due in connection with their case. If the defendant is required to attend classes or counseling, they should have completed this program or be on track to complete it before their probation is terminated. It is important that the defendant has complied with every condition of their probation. Crucially, some jurisdictions simply don’t allow for early termination of probation for certain crimes. The defendant who has committed one of these crimes will never be eligible to end probation early. The Court Hearing Usually the defendant must request a court hearing in order to be granted early termination of probation. Some jurisdictions require that the defendant prove that probation is preventing him from finding or maintaining employment or is restricting some other necessary type of activity. The results of an early termination hearing are very much in the hands of the presiding judge. Accordingly, it’s important to prepare carefully with the assistance of a lawyer who can argue in favor of early termination.

How To Transfer A House Deed To A Family Member

Transferring a house deed to a family member is a major lifestyle altering decision. Once completed, the person transferring the property, the grantor, has given up any rights to the family member, the grantee. There are a number of ways for the grantor to transfer his house deed to a family member or members. The three most popular methods of transfer are called: This process may require the services of an attorney and it will protect the grantee or grantees from any property issues or claims that the grantor had while in possession of the house. This type of transfer ensures that all of the grantor’s property rights are being transferred to the grantee or grantees. This process will legally ensure both the grantor and the grantee(s) from any past actions or future actions against the property. How to Transfer a Car Title When The Owner Is Deceased The transfer process is the easiest method of transferring a house deed, but it only transfers the grantor’s property interest and does not protect the grantee(s) from any legal claims against the property. Before the grantor transfers a house deed to a family member, there are potential federal and state tax situations to consider. Depending on the value of the property, either or both the grantor and the grantee may have to pay gift taxes or capital gains taxes. Tax laws are always being revised, therefore, to ensure that both parties are aware of which transfer method is most advantageous, it is advisable to seek the advice of an estate lawyer and a financial professional. An estate attorney will be able to explain any property transfer laws that may enable the grantor to transfer a house deed to the certain grantee(s) tax-free. All forms of house deed transfers require a newly written deed that includes, at a minimum, a description of the property being transferred and the name and date of birth of each grantee. The forms must be signed in front of a notary public and notarized. The grantor, or an attorney, must deliver the new deed to the named grantee(s). The grantee(s) must agree to accept the transfer and the ownership responsibilities for the property. To finalize a house deed transfer, the grantee(s) must record the document with the local registry of deeds titling office.

How To File A Lawsuit In Federal Court

In the United States common law system, most cases involving civil complaints between individuals or business entities can be argued in county or circuit courts at the state level. Quite a few cases, however, end up before a federal district court. Choosing where to file a lawsuit is a matter of jurisdiction, which means that certain facts surrounding the case and characteristics of the parties involved must be considered prior to filing. The types of civil actions heard by federal courts are pretty diverse. Many of the cases are “claims against the system,” which means that complaints are filed against government agencies or officials who have allegedly violated one or more federal laws. For example, a woman entering the U.S. at the border crossing point in Canada may file a complaint against Customs officers who damaged her car during an inspection. It is important to remember that many federal laws have statutory equivalents through the doctrine of uniform laws. Federal courts have limited jurisdiction; the only cases they review exclusively are matters related to copyright, patents and federal taxes. Civil complaints must either relate to a federal question of law or involve plaintiffs and defendants residing in different states who will argue over claims exceeding $75,000. To this effect, it is better to ask an attorney about whether a civil case should be filed in federal district court. Filing a Federal Lawsuit Once the venue has been selected, the initial filing will require four documents: 1 – The complaint with the names and addresses of the parties, the jurisdiction, allegations, and desired relief. 2 – Civil cover sheet. 3 – Civil category sheet. 4 – Summons. The filing fee for federal lawsuits is $400. The court may waive this fee if the correct request form is attached along with the initial filing packet. Before federal plaintiffs are allowed to serve papers on defendants, the court will conduct a judicial review of the initial filing. A case that is granted to proceed will be assigned a civil action number and a clerk’s stamp. Defendants must be properly notified of the claims against them by means of forms AO 398 and AO 399. If the complaint is filed against the government, this step is not necessary. Defendants can choose to waive service and let the complaint continue; in most cases, however, service of process will be required. This step requires to serve a summons to appear in court plus a copy of the complaint on the defendants.

How To Know Your Rights If Caught Shoplifting

Shoplifting is a serious matter. If a person is convicted of shoplifting, it is unlikely that he or she can have the charge removed from their permanent record. However, there may be some methods that can help. In all cases, it is important to have legal counsel to help in these endeavors. Likewise, it is important to note that laws vary from state-to-state. The first step is to understand the difference between being arrested for shoplifting and being convicted. A shoplifting charge may or may not appear on a person’s permanent record. If it does, this charge can weight negatively on a person’s credit score or ability to get a loan. It may also appear on a criminal background check, which can negatively affect entry into educational institutions and job offers. Even without a conviction, a petition for expungement requires an attorney and an appearance before a judge. Some states make allowances for misdemeanor convictions that appear on one’s record prior to turning 18. Some states have raised this age as high as 21. However, these laws do not guarantee that the crime will be expunged. They simply make it easier to complete the process. Most states do not have laws in place to protect those who have been convicted of felony shoplifting charges. However, some states will allow these charges to be “set aside,” which generally removes the charge from one’s permanent record. A motion must be filed with the court to remove the charge. The state prosecutor can then choose to object to the motion or pass. States can have different time frames in which the prosecutor can respond, but in most cases this is about three months. If the prosecutor does not respond during this time, it is the judge’s decision. A qualified attorney and a clear record since the conviction can greatly aid in this process. If the charge is a misdemeanor, it is more likely to be set aside. It can take as long as eight weeks to remove a charge from one’s permanent record after the judge has made his or her decision. Individuals should contact the Criminal Records office of the Justice Department in the state(s) that they were convicted. This process varies, but often includes the completion of a request form, a fingerprint scan, and a processing fee. If the charge has not been expunged, it is possible that the individual has not waited long enough for the change to have taken place. Otherwise, individuals can complete a Claim of Inaccuracy that will then be filed along with the criminal record.

How To Beat A Stop Sign Ticket In California

Beating a stop sign ticket in California is difficult, requiring diligence and leg work. However, if your job depends on a clean driving record or if you’re in danger of having your license suspended because of multiple infractions, it may be worth the effort. Ask for the County Seat and Don’t Admit Guilt When the police officer stops you and gives you a ticket, write the words “County Seat please,” before signing your name. You’ll make the same request later at your arraignment. Should the officer ask you if you know why you were stopped, always respond with, “I don’t know.” Further, if the police ask if you rolled through a stop sign, just say, “I was driving safely.” With these answers you are refusing to admit guilt. The Discovery Letter Write a straightforward letter to the police department and the district attorney. By law, you are permitted to “discovery” related to your case. In your letter, you’ll request copies of the ticketing officer’s notes and ask precisely where the officer was positioned. Both letters should be sent certified mail and include a return receipt. You’ll need to get a friend or family member to send it, as you cannot legally serve these documents yourself. If the police or DA fail to respond, they have violated your rights, and the ticket can be thrown out. Form TR-205 You can also request a Trial by Written Declaration. The form can be downloaded from the Internet or obtained from the court. You’ll provide written evidence for why the officer could not have seen the stop sign from his vantage point. Back up your evidence with pictures from the scene. Again, if the officer does not respond, the ticket may be thrown out. The Arraignment If your case has not yet been sent to the county seat, you may need to attend the arraignment. Inform the judge that you have filed form TR-205, and also ask that your case be assigned to the county seat. Losing the Trial by Written Declaration and the Trial de Novo Should you lose your request for Trial by Written Declaration, you can request a Trial de Novo, which happens at the county seat. Frequently, the officer doesn’t bother to show up at the Trial de Novo. It’s inconvenient and means having to put in a lot of extra effort. This means an automatic dismissal of your case.

How To Collect Unemployment While Pregnant

Expectant mothers have a lot of exciting changes to anticipate. Many laws in the U.S. protect the rights of mothers who work outside the home. For instance, the Pregnancy Discrimination Act of 1978 made it illegal to fire a worker for being pregnant. Additional legislation created the Family Medical Leave Act to provide both parents with the legal protections necessary to allow them to take time away from work without being punished for it by employers. Expectant mothers are also eligible for unemployment benefits just like any other worker. It’s important to understand that you will not be asked whether or not you are pregnant when you apply for unemployment. However, you must be able to assert that: This means that women who have been put on bed rest by their doctors are not eligible for unemployment. These benefits are only for women who happen to be pregnant and who have been laid off or were working for a company that has shuttered operations. Basically, the reasons for seeking unemployment benefits must be entirely beyond the pregnant woman’s control. Expectant mothers may apply for unemployment benefits just like other workers who have been laid off. When deciding who is eligible to receive benefits, the state government does not consider whether or not the applicant is pregnant. The expectant mother may continue to receive weekly benefits as long as she is still able to work and actively seeking employment. Should her situation change through medical complications or giving birth, her ability to receive benefits may also change. Most states will not provide unemployment benefits for women in these circumstances because they are not able to work. Usually, the woman can begin to receive benefits after birth such as when she is considered able to look for employment. Unemployment benefits are not available to anyone who is seeking a job for the first time. Similarly, people who are self-employed generally are not considered eligible. Keep in mind that it may be necessary to get written notice from your physician that you are able to work. Some states require some type of documentation before you may go back to receiving benefits. Starting back up with receiving unemployment benefits requires less time and effort as your information will already be in the system.

How To Sue For Mental Abuse

Mental abuse is sometimes called psychological abuse or emotional abuse. When mental abuse occurs, it’s usually an indication of a power imbalance. This imbalance manifests itself not physically, but psychologically. A person who is being abused mentally may be the subject of constant criticism, maybe routinely manipulated or intimidated, and may experience name-calling or shaming. For the victim, the result is: Depending upon the circumstances, the victim may be able to sue their abuser. So how do you sue for mental abuse? The evidence that results from emotional abuse is not as easy to quantify as that which typically comes with physical abuse. Rather than the bruises, broken bones, or burns that can occur with a physical attack, emotional abuse doesn’t usually leave visible wounds or scars. Nonetheless, such mistreatment can take a physical toll, causing the victim to seek therapy. The victim may be prescribed drugs that help them cope with anxiety or depression. Some mental abuse victims may suffer a miscarriage because of emotional anguish. Others will have different physical manifestations related to living in a chronic state of stress like heart disease. Victims of cyberbullying may have text messages or social media posts. The key to successfully suing a mental abuser is finding sufficient evidence. In these cases, evidence can include medical records and the records maintained by a therapist or other counselor. Documents showing missed days at work may also be helpful. Essentially, anything that ties the victim’s emotional or physical injuries back to the abuser can be used as evidence.   Suing someone for mental abuse is basically the same as suing for emotional distress. A personal injury attorney may be just the right professional for taking on this case. Even with experience in this area, winning a suit for emotional abuse is never a foregone conclusion. It may take months or years to bring such a matter to trial. Attorneys generally take this type of case on a contingency basis, meaning that they get no money unless their client wins a settlement. Because mental abuse can be so difficult to prove, there may not be many lawyers willing to take the case. Moreover, the victim must be prepared for a long battle during which many intensely personal matters will be discussed openly. Suing for emotional abuse can bring a sense of power to the victim, but it is a difficult journey.

Who Can Witness A Legal Document?

There are well-established guidelines for how the signature and date sections should look on a legal document. A party (or parties) should find credible, reliable witnesses to authenticate the signatures and date. Who can I have witnessed my legal document? Legal documents can be statements by one party (affidavits) or more complicated agreements between two parties (contracts). They can also be private or public. The ideal legal document would have each page time-stamped with the signature and date of both parties, but most agreements have plenty of pages in-between the first and last page. Witnesses have two primary purposes: The witness must verify that the signer of the legal document is not an imposter. The witness should be an adult of sound mind and not under the influence of any drugs. The ideal witness has known the signers of the document for a long time and does not have any financial interests in said agreement. This third-party witness should keep a copy of the legal document for his personal records. If at some future time, the parties should display two different documents, then the neutral third-party can act as the arbitrator of such a dispute. Each party has its own interests to protect and cannot be objective. The neutral disinterested third-party can identify which legal agreement is authentic. An example of someone who is not disinterested would be the beneficiary of a will. A beneficiary would have a financial interest in said will and would not be a good witness to the signing of said will. How To Write A Legal Guardianship Document The notary public is given authority by the government to be an official witness for signing legal documents. He or she will understand the required documentation, identification, and procedures for official legal documents. The notary public has a stamp with its own signature space and date. His signature makes the document public. You can also get a bank officer to guarantee your legal document. This is actually like security where the bank would be liable if fraud were involved. If you have been a long time customer in good standing, you can ask a bank officer to be a witness. Finally, a government official or judge could be a witness. Read the fine print on official documents; the government might want you to sign and date the document in their presence.

How To File A Complaint Against A Police Officer

Most of the time the police can be trusted to protect and serve. Nonetheless, police officers are human and fallible. This means they may be guilty of errors in judgment or misconduct. This behavior should always be addressed with a complaint against a police officer. It’s possible for a citizen to complain about a police officer for a variety of reasons. Perhaps they failed to adequately identify themselves or used demeaning language. Police officers also are not allowed to discriminate against citizens for any reason whatsoever. These are examples of when a police officer complaint may be necessary. The various law enforcement jurisdictions have each instituted their own process for filing complaints. Accordingly, it’s important to visit the website of the police department in question. On the website, the citizen will find forms that can be filled out and faxed or mailed in. Alternatively, many police departments have a special hotline that may be used to report police misconduct. It may even be possible to make the complaint in person at the department. As a general rule, it’s advisable to act quickly after the incident. Some jurisdictions set a time limit between when the misconduct occurred and when it must be reported. If you miss the timeline, you may not be able to file a complaint. When a citizen files a complaint about an officer with the police department, they are essentially beginning an internal complaint. This type of complaint is investigated by other officers in the department or by a division known as Internal Affairs. It is typically only through making an internal complaint that an officer will be disciplined or terminated for the misconduct. Even if discipline or termination are not recommended, the complaint usually stays on the police officer’s permanent record. By filing a complaint, the department is made aware of a potentially bad situation. An officer who receives an inordinate amount of complaints may warrant further investigation by the department. That’s why it’s important for citizens to always report police misconduct, even if it does not immediately result in disciplinary action or termination. Citizens who are unsatisfied with the results of an internal complaint investigation may have the option of filing a criminal complaint against the police officer or beginning a civil lawsuit.

How To Drop Charges Against Someone

The District Attorney has the ability to determine when and which charges will be leveled against an alleged criminal. This government prosecutor has the authority to continue a case without any witnesses, but he is not likely to be successful. Here is how to drop charges against someone. Once the court process begins, there are numerous hearings and the prosecution may try to force certain things upon the participants. If the plaintiff and defendant are family members, this can be difficult. Some might think twice about proceeding with a lawsuit. Another reason for dropping charges is mistaken identity. As the court hearings continue, participants have more time to consider the evidence. Perhaps, the evidence is not solid or the witnesses offer conflicting reports. At any time, a plaintiff may decide to drop all the charges against a defendant. That is your right. Ensure that you know all of the facts of the case by requesting a police report. As one of the parties to the suit, this is your right. There may be a printing or copying fee. Read through it carefully, the police report creates the foundation of the case. Why do you want to drop the charges? The government will want to know if you have been pressured by the defendant to drop the charges. You should write your reasons down in an official Drop Charges Affidavit and bring it to the police station. Bring photo identification and expect to pay a fee. Next, contact the county or district attorney to discuss your wishes to drop the charges. After the police officer has filed his report, the evidence is brought to the State authority to determine the legal questions. The prosecution has a great deal of discretion concerning court proceedings. It is illegal to file a false police report, so keep this in mind also. The earlier the better for dropping charges. You may need to testify in court as to why you want to drop the charges. How To Press Charges After An Assault As you proceed through the hearings, the prosecution will continue to calculate the chances of success with the case. If the primary witness or plaintiff is not on his side, he usually can’t win. This is the leverage you can always maintain. You can refuse to testify for the prosecution.

Should Cigarettes Be Made Illegal?

Over the last few years, a few jurisdictions in the United States have become more tolerant of marijuana use. Whereas cannabis is treated as a controlled substance by the federal government, some municipalities, counties and states have enacted laws that legalize the use of this herb for therapeutic and recreational purpose. The marijuana legalization trend has renewed interest in an old debate surrounding tobacco, which also happens to come from a plant. Tobacco smoking is estimated to cause more deaths each year than all the other controlled substances put together; nonetheless, they are legal across the U.S. The tobacco industry is subject to heavy regulation, and the smoking habit is subject to lots of restrictions. Initiatives to educate people about the dangers of smoking have brought about sharp decreases in tobacco consumption, and yet millions of people are daily smokers. These seem to be the underlying reasons behind the results of a 2006 national poll that revealed strong support for making tobacco a controlled substance: Nearly 50 percent of Americans would like to see cigarettes made illegal. The Problem with Making Cigarettes Illegal The legal framework to declare tobacco a controlled substance is certainly under the constitutional purview of the United States. It would not be an easy process, but Congress has that kind of power. Having support from nearly half of all Americans would definitely help, and the public health benefits would theoretically outweigh any legislative headaches along the way. Even liquor could be outlawed in this fashion, and we have the Prohibition era to remember in this regard. For all the good intentions associated with making cigarettes illegal on the basis of harm, morality and paternalism, modern history suggests that such a measure could lead to disastrous consequences such as the Drug War. We are not talking about nicotine withdrawals; there are serious issues to consider. From black market activity to lost revenue and from a divisive constituency to the disappearance of an industry, tobacco prohibition could actually do more harm than good in the long run. The legal ground gained by marijuana advocates in some jurisdictions could be endangered by making cigarettes illegal. At this time, the best approach to curb smoking would be to continue to educate people about its dangers and to enforce reasonable restrictions.

How To Copyright A Phrase

All artists, writers, and creators should know how to get a copyright and enjoy the rights and protections granted by the U.S. Copyright Act. Fortunately, with online options and reasonable fees, copyrighting something is well within your abilities. Here is an explanation of copyright protection and how to get something copyrighted. Why would you need to know how to get a copyright? In one word — protection. Copyright is legal protection granted to authors of ‘original works of authorship Original works of authorship are works created by human authors or artists and contain creative and original elements. The protection applies to registered works that are “fixed” — or finished. Types of works protected under copyright law include: When you know how to copyright something, you gain exclusive rights to your work. That means you are the only one who can do the following: If other people use your work in these ways, you can sue them for copyright infringement. Or, you can give companies or individuals permission to use your work through a licensing agreement, which allows them to use your material for a fee. You can’t take advantage of these options unless your work has a registered copyright. Generally, the creator registers the copyright because it belongs to whoever created the work. If two or more people created the work, one creator might register the work, but copyright law gives each creator an equal interest in the work. An exception to this rule is ‘works made for hire .’ Works created by an employee or an independent contractor belong to the one requesting the work. The employee or contractor may not be able to copyright the work or own any rights. If you want to know how to get a copyright, you first need to create something! Copyright protection applies to original creations like books, movies, and graphic art. Originality is a low standard, and as long as you didn’t copy someone’s idea directly, you likely pass that requirement. If you are concerned about whether your work is original, you may wish to search the public catalog for similar works. You have two options for registering copyright: Online or paper forms. The Copyright Office prefers online registration, and you likely will, too. Online registration offers lower fees, faster examination and approval, status checking, and fee payment by debit or credit card. You can expect a turnaround time ranging from one to eight months. If you decide to use paper forms, you must choose the form package based on the type of work. But, be aware that this option can take longer and is more expensive; the filing fee for paper forms starts at $125, and you are looking at a turnaround time of 2 to 19 months. Start by opening an account with a user ID and password if you decide on online filing. Choose the type of work that most closely matches the work you’re registering. Provide contact information and complete each required section. For paper filing, choose the form package for your work’s type. The packets include TX (literary works), VA (visual arts), PA (performing arts, including movies), and SR (sound recordings). Fill them out with black or blue ink, and don’t skip sections. Once finished, pay your filing fee. The online system accepts payments via debit, credit, or bank account. The system will not accept your filing fee until you complete the application. For mailed materials, pay the fee with a check or money order issued to the U.S. Copyright Office. A deposit copy is a copy of your work that you must provide with your application. The Copyright Office will use the deposit copy to decide whether you qualify for a copyright. If your work is published, you must provide the ‘best edition ‘ of your work. The best edition is the highest quality format of your work. For example, if you are registering a music album, you want to provide a CD deposit copy of that album rather than a vinyl record. You can provide an electronic copy of your work; however, you may also have to provide a physical copy. The Copyright Office provides a list of acceptable file formats for electronic deposit copies. The only exceptions to physical copy requirements are unpublished works or works published only online. For example, a digital copy should be enough if you only take digital photos and never make prints. For visual art, your deposit copy should be ‘identifying material ‘ rather than the best edition. You don’t have to recreate your painting or sculpture to provide a deposit copy. Instead, you take high-quality pictures of each angle, showing the Copyright Office as much of your work as possible. The Copyright Office sends deposit copies to the Library of Congress once they finish your application. Most applications process smoothly and don’t need further information. Only 19% of all claims require correspondence and clarification. But if you fall into that category, answer all inquiries as soon as possible. Depending on the Copyright Office’s concerns, you may need to submit a new application or make changes to your original one. The Copyright Office doesn’t accept all applications. It may reject yours if: If you disagree with the ruling, you can file a request for reconsideration . You must file this appeal within three months of receiving the Copyright Office’s decision. The request for reconsideration requires a $350 filing fee and must contain the following: You can request a second review, but it will require a filing fee of $700. You can’t copyright a phrase, can you? You can copyright words that are brand names. And here is how to copyright a phrase. The United States Patent and Trademark Office (USPTO) Section 102 of the Copyright Act (Title 17 of the U.S. Code) defines copyright as an “original or artistic literary work.” A trademark is a “word or phrase.” So actually, you trademark a phrase. Ideas, concepts, and recipes cannot be copyrighted. No individual or company can copyright an obvious phrase like “I walk.” But if you think carefully about your favorite soda, restaurant, or electronic company, each probably has a motto or “catchphrase” associated with them. If the phrase is “clearly created by the owner for the purposes of commerce,” then it can be copyrighted. A “catchphrase” is unique to a fictional or non-fictional character. It is a symbol distinguishing a brand. This literary, musical or graphical expression might identify a certain level of product or service quality. The goal of a copyrighted phrase is to create clear value for commerce. By being copyrighted, consumers can ensure they are receiving the actual value they were promised. It creates reliable commerce. The best way to qualify for a copyrighted phrase is to demonstrate that through a musical, graphical, or speech, the owner has “invented the phrase.” It must be closely tied to the brand. This can be done by including the logo or brand name in the phrase. Find a way to time stamp your creation. Some have included an affidavit in an envelope and postmarked it to themselves. This creates a historical record in time. Next, use it for interstate commerce; this will make it recognizable and enforceable by federal law. Here are some examples of copyrighted phrases: Finally, register your copyright phrase with the USPTO. This creates a public record of your claim to ownership. The phrase becomes your property giving you exclusive legal rights for the purposes of commerce. It gives you leverage and the right and authority to file copyright infringement against others. The burden of proof is on them to prove the copyright does not belong to you. You can file an injunction against further use. The internet allows you to access any images available online, but that does not mean these images are available for your use! Image copyright laws protect artists, photographers, and other owners and creators. Here’s how these laws work and how to ensure you only use permitted copyrighted images. This overview also includes tips on how to protect and copyright your images. The U.S. Copyright Law protects images as “pictorial, graphic, and sculptural works.” That definition continues by explaining that two and three-dimensional works of “fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans fall under copyright laws. If artists register their work through the U.S. Copyright Office, they secure full ownership of their work, and anyone who uses it without permission or credit could face penalties. You can avoid potential liability by using properly licensed images or public domain graphics. Fortunately, a variety of licensing options are more publicly accessible. Here are examples of paid and free licenses for copyrighted images. Stock images, or stock photos, are electronic images available for business or creative purposes. They allow you to add graphics to a website, blog, or other publication without hiring a photographer. Most stock issues require you to purchase a license, and the rights-managed license (RM license) is the most restrictive. They are specialist images for limited use. You can only access and license them through an RM license agency, like Getty Images. Before you get the license, you must explain exactly where you will use the image, the number of copies you intend to print, the image size, and your industry. Once you pay the licensing fee, the agency limits you to your described use. If you want to use the same image in a different medium, you must reapply for the license and pay another fee. For example, if you purchase a license for this Pride graphic for a print magazine but decide you also want to use it on your web page, the original license won’t extend to the web page. Also, your license only extends to one size, and you cannot make any changes to the graphic. Instead, you must have a separate license for each size. You must also credit the artist and follow restrictions, even if you have a license. If you see an RM license, trust that the artist is paying close attention to their intellectual property rights. These rights give the artist exclusive control to sell, license, and change their work without other parties interfering. Follow all rules attached to an RM license. Otherwise, you risk penalties. The royalty-free license (RF license) is the default setting for stock images. Generally, the purchaser pays the license fee once and can use the image in unlimited applications. RF licenses have more options. You can use them multiple times for publication, e.g., web pages, brochures, magazines, etc. However, you will need an RM extended license to make merchandise that includes the image. Royalty-free extended licenses are also called commercial extended licenses. Unlike the first two license types, which focus on publishing rights, this category applies to using images for commercial purposes such as putting pictures on mugs, shirts, and other merchandise. You will know your desired image has an extended license if: Creative Commons is a nonprofit organization that advocates for sharing creative works and knowledge. Images participating in Creative Commons licenses are free as long as you credit the image’s creator. You can credit the artist or photographer by linking to their website or the original image. You can find Creative Commons images through photo services like Flickr. Usually, the photo indicates it has a Creative Commons license and links it to the license type, giving instructions on how to attribute and use the photo with the artist’s permission. The most common Creative Commons license is Attribution 2.0 Generic, which requires appropriate credit, a link to the license, and whether you edited the photo. However, even Creative Commons allows licenses with restrictions. Notice this photo has “some rights reserved” with the dollar sign crossed out. The text leads the Creative Commons license that prohibits commercial purposes. The editorial use license applies to trademarks and other graphics that belong to companies. Many journalists want access to these images when they write features on a company. Also, bloggers who write online reviews might request these types of images. The best way to secure editorial use licenses is by requesting a media kit or visiting a company’s online press center. You can’t just grab the graphic from the company’s webpage. Doing so could violate image copyright laws, and you’re also unlikely to get a high-quality image. Image copyright laws protect images during the artist’s life plus 70 years after their death. After that, the images enter the public domain and can’t be renewed. You can use most public domain images without legal risk and with few limits. Public domain images are clearly marked, and some link back to this Creative Commons page to clarify public domain rules. But, you should still be careful with public domain photos and images since some of them have moral rights under image copyright laws. These “moral rights” protect the image from mutilation, distortion, and derogatory action that impugn the subject’s value or reputation. Creative Commons calls these Public Domain Mark 1.0 images. You find this public domain characterization most commonly with armed forces photos. Military branches often want to avoid stolen valor situations or vulgar edits of their photos, so they rely heavily on moral rights – even if the pictures are in the public domain. Understanding image copyright laws and licenses is essential because you don’t want to face the penalties for copyright infringement. Even if you didn’t intend to infringe, damages could reach $750 to $30,000 per work. Intentional infringement could generate damages of up to $150,000 per work infringed. You may also owe the creator any profits you generated from infringement. However, you may be able to avoid liability if using an image falls under the fair use exception. Courts evaluate fair use on four factors, although no one factor determines the outcome: In general, nonprofit or educational use is more excusable than commercial use. Using an excerpt from a novel to illustrate a point in a high school English class likely passes as fair use. However, suppose that same teacher scanned the entire book and made it available online as a PDF for a small fee. That would be likely infringement rather than fair use – even if the teacher argued distribution was “educational.” That action also devalues the novel by encouraging buyers to purchase the PDF rather than pay full price for a retail copy. Fair use also applies to images. A thumbnail of a copyrighted art piece is likely acceptable, especially if clicking it takes you to the piece’s museum page. But if you download the piece in its entirety and start selling prints, you may face trouble! Want to know how to copyright your images, photos, and graphics? Start by applying to the U.S. Copyright Office. Provide your photo, art piece, or graphic, and pay the filing fee. Once confirmed, you can charge licensing fees. Another option is to get a Creative Commons license. The license allows you to gain exposure and require people to credit you if they use your work. However, unlike the U.S. Copyright Office registration, there are no remedies if someone misuses your work. Some artists reserve copyright image registration for their most cherished works and use Creative Commons on less valuable images to gain exposure and attract people to their Instagram accounts or websites. You may find a similar balance works for you. You’ve created your masterpiece. The script which is going to make you famous. You already have dreams of Broadway when you discover someone has stolen your idea. If you haven?t copyrighted your work, there?s a good chance you can?t do anything about it. Here?s what you should do after you’ve finished writing to protect your many hours of hard work. Automatic Copyright The US is a country which falls in line with many others when it comes to copyright law. Anything with the copyright symbol and your name is automatically copyrighted. Whilst this will deter some would-be thieves, it won?t matter in a court situation where you?re trying to prove this is your work. The problem with automatic copyright is it doesn’t specify the time it was written or when you copyrighted it. It?s essentially your word against someone else?s. Contrary to what a lot of people think, you can?t prove automatic copyright with registered or recorded delivery. Sending yourself a copy of your own work won?t provide you with any evidence you could take advantage of in a court situation. The US Copyright Office The US Copyright Office is the only entity in the country which can formally issue you a formal copyright notice and registration with the Copyright Office. If you?re trying to sue someone for stealing your work, your work needs to be registered with the Copyright Office before you can sue them. Always file your work with the US Copyright Office. Visit their website and follow their detailed guide on how to correctly file your request. This process takes up to six months, but there?s another option for protecting your work. Interim Registration with the Digital Timestamps Digital timestamps is a popular way of providing you with a sort of interim copyright notice. The main disadvantage with automatic copyright is the lack of any timestamp. With a digital timestamp from an independent company, you can prove when your work was created and registered. Choose your digital timestamp provider carefully. Make sure they take documentary evidence of your work. Check the terms and conditions to ensure they would be willing to intervene on your behalf if you became a victim of theft. Since the process with the Copyright Office lasts at least six months, this is a good way to defend yourself in the meantime. Once you’re fully registered, you don’t need to worry about anyone stealing your work because you’re fully covered and you’ll always win in court.    

What Happens During A Settlement Conference?

Most lawsuits that are filed never end up going to trial. Frequently, this is because the matter is settled between the parties before the trial date is reached. A settlement conference is one of the most common tools for settling a dispute before trial. In many jurisdictions, a settlement conference is required before any case can go to trial. The settlement conference is shorter and less expensive to conduct than a trial. Accordingly, it can be attractive to all involved to reach a settlement. A judge presides at the conference in their chambers or a private conference room. Settlement conferences are most often utilized in civil matters such as for child custody matters, personal injury lawsuits and contract disputes. They may also be used in criminal matters, though this happens less often. The requirements for attending a settlement conference may vary by jurisdiction. However, both parties with their legal counsel are usually required to attend. In most cases, any parties or individuals who have the authority to potentially settle the matter are required to attend. The proceedings of a settlement conference can vary widely between jurisdictions and even between judges. Typically, both sides must inform the judge about the case in advance. This may include disclosing certain facts and evidence that supports that party’s side of the case. This way, the judge is reasonably well apprised of the case before the conference occurs. The conference may begin with the judge meeting with the counsel for both sides. Occasionally, the parties themselves are present at this initial meeting. Legal counsel for each side usually makes a brief presentation of the case. Then the judge meets with each side separately. This process can go on for several hours, and the judge may go back and forth between the parties several times in an effort to reach a settlement acceptable to all parties. If a settlement cannot be reached, then the parties must begin preparing for trial, although the judge may recommend a second settlement conference at a later date when more information is available. Should a settlement agreement be reached, the judge asks the attorneys to prepare a memorandum that specifies the terms of the settlement. This formal settlement agreement will be signed by all parties. After it is signed and filed, the judge formally dismisses the lawsuit.

Filing a Creditor’s Proof of Claim in Bankruptcy Court

Insolvency proceedings in the United States essentially consist of two major legal actions that must be filed in federal bankruptcy court: Petitions and proofs of claim. The former filings are submitted by debtors, who can be individuals or business entities no longer able to settle their outstanding financial obligations with regard to debts; the latter are filings that must be submitted by creditors who wish to be paid out of the bankruptcy estate established by the court and managed by the the trustee. Creditors who fail to timely file a proof of claim will basically forfeit their right to distributions from the bankruptcy estate. Not all unsecured creditors that appear on the debtor’s schedule will enter proof of claim, particularly those who feel that the bulk of the original amount has already been paid or that going through the bankruptcy proceeding would not be worth the amount that can be recovered. Only unsecured creditors such as credit card companies can enter a proof of claim in Chapter 7 or Chapter 13 bankruptcy cases. Lenders who have a lien on collateral assets do not have to follow the proof of claim process, although many attorneys recommend doing so just to be on the safe side. The official form to use in a proof of claim is available from the U.S. Bankruptcy Courts website. Form 10 is an official and straightforward document that asks for the following information from creditors: Form 10 must be filed along with all documentation that supports the debtor-creditor relationship and the amount claimed. It is important for creditors to pay close attention to the information they provide on Form 10. Bankruptcy attorneys will take a very close look at the proof of claim in an effort to present an objection that can be sustained in court, thereby relieving their debtor clients from their obligation. Some of the most common mistakes filed by creditors in this regard include: When the bankruptcy court calls a meeting of creditors, those in attendance are reminded that they have 90 days to file their proofs of claim. Obtaining deadline extensions from the court is possible but highly unusual.

What Does Pod Mean On A Bank Account?

Estate planning allows you to identify the beneficiaries of your financial assets. The probate court process for dividing assets after death can be quite: Assets that are encumbered with loans might be financially at-risk when someone dies if the money is not available to continue making payments. This is why some people add the POD designation to their bank accounts. Debt levels are at all-time highs with outstanding balances accruing interest. Add automobiles and mortgages to the list. It can be a challenge to stay current on accounts. People know how much to pay on each debt. But what happens when they die? Will their heirs have the money to keep up with payments? Families can set up their bank accounts to ease any asset transfer upon the death of a member. You have many different options for setting up a bank account, including but not limited to the following: joint account, account for children, or payable-on-death (POD) designation. The POD is your heir. The banking account immediately becomes his or her property when you pass. While you are alive, you have full control over your banking account, even if it say POD on it. You would follow the legal payable-on-death procedure and write POD on your check with the heir’s name after it. You can add more than one name as POD or even charities as beneficiaries. How Do I Cash a Check Without a Bank Account? The payable-on-death designation can reduce the number of things a family needs to worry about when someone dies. It also makes a banking account instantly accessible for paying off credit card bills or even funeral costs. Families know that many senior citizens have very valuable assets, including bank accounts. The payable-on-death designation allows for the seamless transfer of wealth to the next generation. Sometimes, probate can take up to a year with family members squabbling over the estate. In the meantime, bills can add up. The estate without the POD banking account might need to file for bankruptcy. The FDIC has made the POD designation even more valuable by offering additional coverage for each POD named. If the FDIC insurance is $250,000 per banking account, then the POD account will have $250,000 + $250,000 = $500,000 instantly guaranteed.

How to Write a Notice to Vacate

Most people think of a notice to vacate as a document that signals the end of the business relationship between landlords and tenants. This is not always the case, although terminating a residential lease is the most common reason behind writing one of these letters. Essentially, a notice to vacate serves to inform that a tenant will move out of a property. When the landlord is the author, the letter is called a notice to vacate. When the tenant is the author, the letter is called notice of intent to vacate. Many lease contracts come to an end without these notices; this often happens when the tenant decides to not stay beyond the last day of the rental term and gives a verbal notification a couple of months in advance. This is not an ideal practice insofar as real estate compliance; failure to issue a correct notice to vacate could result in legal headaches down the line. Notice from Landlord to Tenant In many jurisdictions, it is customary for the landlord to issue the notice to vacate. The reasons for issuing the notice may include: – The lease contract is coming to an end. – Lack of payment. – Lack of compliance with the terms of the rental agreement. Many templates used for residential lease agreements include a notice to vacate that can be used when the rental term expires; landlords should check with their attorneys before writing a notice to vacate for any other reason. It is very important to check all the provisions of the lease contract before writing the letter; an incorrect date or a misinterpreted term could give the tenant a reason to file a lawsuit. The notice starts with the landlord’s contact information followed by the tenant’s. The subject line should succinctly explain the reason for the notice to vacate. The body of the letter should remind the tenant that the notice is being served within the time frame stipulated on the lease contract, and it should also clearly state the date by which all personal belongings must be removed. Brief instructions on the final inspection, security deposit and handover of keys can be included as well, although these are normally covered on the lease contract. Notice from Tenant to Landlord A notice of intent to vacate is normally filed by tenants who intend to move out before the end of the rental term. The letter should follow the format explained above, but the body of the letter should only describe the intent to vacate and the final day occupying the property. Early lease terminations should be handled in a separate document.

What Are Bilateral Agreements?

You might have heard of bilateral trade agreements between different countries, but is that the same as a bilateral agreement? The prefix “Bi” means two. But what is the exact definition of a bilateral agreement? “What is a Unilateral Agreement?” “Uni” means one. So a unilateral agreement must involve “one of something.” An agreement is between two parties. So what is the “one” thing that defines the unilateral agreement? A unilateral agreement is where one party makes a promise, declaration or offer. For example, a radio station DJ tells the audience that he will pay a listener $100 if he can answer a question. The radio station is the promisor and the listener is the promisee. The two sides of the agreement are not equal or mutual. The promisor offers money and the promisee must offer an answer. Under the unilateral trade agreement, only the promisor is bound by consideration. The promise is bound by consideration of the performance of the obligations. The unilateral agreement “may or may not occur.” It is not guaranteed. One side offers something of value to anyone who can fulfill the other side of the agreement. These occur every day at grocery stores or restaurants. Many are unspoken and implied. “Two Promises Involved in Bilateral Agreement” The bilateral agreement involves two parties each promising to do something. The parties can be individuals, groups, businesses or governments. Somehow, the two actions are mutually supportive, binding and inclusive. Both parties fulfill roles as the promisor and the promisee. A bilateral agreement can be “positive” or “negative” – you “will” or “will not do something.” Each party is sufficient consideration for the bilateral agreement. The concept of “mutuality” is important for bilateral agreements since both parties must fulfill their promise for the contract to be fulfilled. “Breach of Contract” The unilateral and bilateral agreements are enforceable in courts. The agreements change the status of the parties to it. If someone was not legally required to do something, a bilateral agreement promise may mean that he will now be legally bound to do that. The reverse is possible too. Breach of contract can occur due to many reasons. With the bilateral agreement, both parties will suffer if the agreement is not fulfilled. It is more of a symbiotic relationship.

How To Write A Legal Guardianship Document

Children are under the legal custody, authority, and control of their parents until they reach the age of majority. Unfortunately, parents may suffer from a temporary or permanent setback that may lead them to give up their legal control of their children. Here is how to write a legal guardianship document. The parental authority extends to all elements of the child’s life. The parents determine where the child lives, what the child eats, what medical treatment is provided, and what education is afforded. In order to be good parents, adults must have the capacity to provide the basic necessities. If they cannot, then finding a close relative and giving him or her temporary legal guardianship might be the best idea. Financial distress, homelessness, legal difficulties, drug rehabilitation, or health problems could lead to parents not being able to raise their children properly. The wise parent may cede some authority temporarily or permanently in the best interests of their kids. The legal guardianship document is a formal declaration to the court system that another party is responsible for the well-being of the minors. No one can predict when an accident or other disaster may occur. Some include a legal guardianship document in their wills to determine who will raise their children. If parents do not name a guardian, the courts will find someone offering the most stability, continuity of care, and amoral environment for the children. How to Write a Legal Statement of Fact The primary function of a legal guardianship document is to transfer parental authority to another party. The document should be a statement opening with the name, phone number, city, state, and zip code of the parent(s) with legal custodial authority. Then fill in the name of the children and their birth dates. Next, you should list the party to whom legal guardianship will be handed off. Include the: List whether the guardianship transfer will be temporary for a set time period (list the beginning and end dates), or permanent for the foreseeable future (beginning on such-and-such a date.) The parent giving up custodial rights should wait to sign and date the document in the presence of a notary public. The bottom of the form should include a space for the signing, dating, and stamping of the notary public.

Reporting A Stolen Car

It’s distressing to realize that your car isn’t where you left it. It happens hundreds of thousands of times across America on a yearly basis. The first thing you’ll need to do is report the theft to the police. Contacting the Police You can call 911 if you are stranded and feel that your life is in danger. Otherwise, it’s best to contact the police through non-emergency channels. Depending upon the practices of the law enforcement agency you contact, they may take the report over the phone. Some agencies require that the report be taken in person whether that means the police come to you or that you must go to the station. Establish Proof of Ownership You must demonstrate to the police that you are the rightful owner. This can usually be done with DMV records, a vehicle title or a bill of sale. The police will also want to see your driver’s license in order to verify your identity. All About the Car Be prepared to tell the police all the information you can about your car. This includes basic data like the make, model and year the car was manufactured. Details about the color and any body damage or scratches may also be helpful in identifying the vehicle. The VIN and license plate number will be similarly indispensable. Also, be certain to report any personal items that may have been in the vehicle at the time it was stolen. This may make it easier to claim these items if your car is found and the items are still intact. Contact Your Insurance Provider After the formal police report is filed, you’ll want to notify your insurance company about the theft of the car. The insurance provider will often want to know information from the police report. In fact, many insurers cannot process the report of a stolen car if the theft has not already been reported to the police. Provide them with all the data they need, as this will make it easier to make a claim for damages if your car should be recovered. Keep in mind that the police often won’t get involved in a car theft between spouses, ex-spouses or in other domestic situations. They focus on genuine criminal theft of vehicles, so attempting to report as stolen a car that is in use by an estranged partner is likely a waste of time.

How to Get an ITIN in the U.S.

In the United States, taxpayers are identified by unique numbers. For most individuals who are compensated on a wage or salary basis, the numbers assigned to them by the Social Security Administration are sufficient for taxation purposes. Not everyone who works or earns money in the United States qualifies for a Social Security number; however, just about everyone who earns income is expected to report earnings to the Internal Revenue Service (IRS) or a state taxation agency. Dealing with the IRS and other tax collection agencies requires an Individual Taxpayer Identification Number (ITIN). A Social Security number (SSN) is considered an acceptable ITIN by the IRS. Certain taxpayers have valid reasons for getting an ITIN, specifically immigrants who do not qualify for an SSN. Immigrants authorized to work or do business in the U.S. are required to report their income and file a tax return even if they are not registered with the Social Security Administration, and they can obtain an ITIN for this purpose. The most recent amendments in the ITIN request process were implemented by the IRS in early 2013. The steps are as follows: – Obtain a form W7 from the IRS. This form is available online or from authorized representatives known as acceptance agents. – Include a valid federal income tax return along with one or more documents that can be used as proof of identification. These documents can be copies certified by foreign embassies or consulates, and it is generally to include more than one. – If no federal tax return form is available at the time the ITIN is being requested, certain exemptions may apply. – It is important to remember that the W7, proof of identification and federal tax return should all be mailed to the IRS Service Center in Austin, care of ITIN Operations. The address is P.O. Box 149342, Austin, TX 78714-9342. -The IRS takes between six to eight weeks to mail a letter with the ITIN. In the past, the IRS issued a green and white wallet-sized card with the ITIN; that is no longer the case. Modern ITINs expire five years after they are issued. This does not apply to the ITINs issued prior to January 1st, 2013. Tax returns that are mailed along with the W7 form and the identification documents will be processed by the IRS. In some cases, refunds may become available even before the ITIN.

Is a Hard Money Loan an Option When Experiencing Foreclosure?

Hard money loans are used by individuals who need quick financial solutions and either cannot wait for or do not qualify for conventional banking approvals. These types of loans are specific in nature, being backed by collateral in a piece of property that can be quickly sold at a profit for both the borrower and the lender. Real estate investors are the primary borrowers of hard money loans. The funds allow the investor to purchase a property at a low price, do any repairs or renovations and then resell the property within a short period of time. Another large segment of hard money loans are used by individuals with financial problems who may be facing foreclosure or are already in foreclosure. These borrowers want to stop the proceedings in order to sell the properties to clear up their problems or keep the properties while trying to get mortgage refinancing at monthly payment rates that can be maintained. As with commercial real estate, hard money loans for individuals are based on the resale value of the home and are short term in nature, being made for a few months up to a couple of years. <strong>HARD MONEY LOAN BASICS</strong> Hard money lenders will estimate the resale value of the property, the current real estate market where the property is located, and the potential for a quick sale. The lending rate on a property is between 50 to 70 percent of the market value and a loan is used to pay off the current mortgage so the hard money loan becomes the first mortgage. If the borrower does not pay as agreed, the lender can foreclose and sell the property to recover the amount of the loan. Lenders charge a high rate of interest and more points than banks. Hard money loans help borrowers survive a short rough period that will end in positive results for both the lender and the borrower. <strong>FORECLOSURE LOAN ASSISTANCE</strong> Home owners facing foreclosures who want to save their homes or sell them and currently have 30 percent or more equity in their homes, might consider hard money loans. A hard money loan must pay off the current mortgage holder and make the hard money lender the first mortgage. The loan will be expensive for a short period of time, but it allows the home owner the option of selling the home or getting new financing with a lower interest rate for a longer period of time.

How to Write a Legal Statement of Fact

A legal statement of fact is a document prepared for use in a variety of legal cases that involve all of the judicial principles. The statement defines a situation and sets down factual information in an easy to read manner that will compel the reader to understand the writer’s point of view. Legal statements are prepared by both the prosecution and the defense. The document requires a professional, non-argumentative tone and is devoid of exaggerations and fabrications.   How to Write a Legal Memorandum 1. Determine what the results of the statement are intended to gain; this is generally to gain a favorable decision for the writer. 2. Include the date of the legal statement; the topic of the statement; the date(s) of the topic to be discussed; the basic facts involved in the reasoning for the statement; the identities of all pertinent parties; their connections to the case; and if possible, the signatures of the parties. 3. When stating the writer’s facts, add information to help clarify the environment at the time of the issue. An example would be if someone was assaulted by a stranger on the street. Rather than writing: “A stranger approached me asking for money and when I said no, he hit me and I fell to the ground”; a more effective description is: “Mr. “A” was carrying an open can of beer and drinking from it when he approached me asking for money. When I said no, Mr. “A” yelled profanity at me, hit me in the face, and I fell on the ground and hit my head on the sidewalk.” 4. Add any copies of documents like a police or medical report, a newspaper article, or any other papers that can strongly support the writer’s case. 1. Do not provide any facts that can be used to the advantage of the other party. It is the other party’s responsibility to establish an opposing point of view. 2. Do not refer to other parties as simply “he”, “she”, or the “defendant”. Use the person’s name, or a descriptive term such as “the young man who had been drinking” when emphasizing the defendant’s condition, “the company’s representative” when emphasizing one person against a big corporation, or “the newly licensed driver” when emphasizing the defendant’s lack of driving experience. 3. Do not lie or make up information that can be disproved by the other party.

What is FED MED/EE Tax?

One withholding employees see listed on their earnings statements is the Fed MED/EE Tax. This stands for Federal Medicare/Employer-Employee and is a tax that funds the Medicare Health Insurance program. This tax is a part of FICA, the Federal Insurance Contributions Act, which consists of both Medicare and Social Security Tax. All employees and employers in the United States are required to pay their portion of the Fed MED/EE tax, which is taken out of a person’s paycheck. In this guide, we will discuss everything from the definition of the Fed Med/EE Tax and where to find it on your paycheck, to exemptions to deductions to how it applies to self-employed individuals.   If you’re an employed adult, chances are you’ve heard of the Medicare Health Insurance program, but if you’re not enrolled in the program, you may not know exactly what you are contributing to when you see the tax withholding on your paycheck. The Medicare program provides the following services for individuals with work-related disabilities and those individuals who are 65 years old or older:   Most people get their pay statement and do a quick scan until they find how much money will go straight into their pocket from the week. However, if you take the time to look through all of the taxes and withholdings, you may be surprised at how many items are listed that you are not familiar with. This is likely because many pay statements use the formal names for these taxes, rather than simply stating “Medicare.” In this video from Paxton Patterson College Career Prep, you’ll learn exactly how to read your paycheck and understand those statement withholdings that once seemed confusing.   Okay, now that you have the gist of the main withholdings you will find on your weekly, biweekly, or monthly paycheck, let’s break down what’s in the video a bit more and discuss how exactly you should be reading your paycheck.   Pay statements are broken up into different sections, including pay details, earnings, deductions, taxes, paid time off, and more. The way a statement is formatted may vary depending on the provider your company uses for pay roll, but they will all generally include the same kind of information. In this diagram, you can find where to look for each piece of information on your paycheck. You’ll notice the Fed Med/EE (Medicare) tax is listed under the “Taxes” section.      Pay Details – This includes your basic information that pertains to your job, like your full name, address, employer number, social security number, job title pay rate, etc. Earnings – This section highlights what you have earned during a pay period, as well as things like holiday pay, vacation time, and overtime. Deductions – Depending on what you contribute to and what your company offers, deductions on your pay statement will include things like your 401 (K), childcare, stock, work uniforms/supplies, and food/beverage purchased while at work. If you are enrolled in an insurance and/or health savings plan through your employer, you will see those benefits show up on your pay stub, as well. Taxes – Federal income tax, state income tax, county tax,Medicare (FED Med/EE), Social Security (Fed OASDI, Old Age Survivor and Disability Insurance). Depending on your employment status and what kind of benefits you have, your paycheck may look slightly different. However, every employed American must pay the same kind of taxes (FICA [Medicare and Social Security]) and federal, state, and local income taxes. If you are a self employed individual, you will not have your taxes taken our automatically. Instead, you will have to withhold them yourself and pay them in the form of quarterly estimated taxes (more on that in a bit). If you have certain insurance or disability with your employer, your pay statement may vary.   Some paychecks will have the Fed/Med EE withholding listed under other names, such as: Any variation of the above is referring to the Fed/Med EE tax and is usually listed immediately following Social Security (or OASDI/EE) taxes, but they all mean the exact same thing.   What Is Fed OASDI/EE Mean on a Paycheck?   Yes, Fed Med/EE is a federal withholding tax, along with Social Security and federal income tax. Both Medicare and Social Security taxes are only withheld on the federal level, not on a state or county basis like some other taxes you’ll see on your paycheck.   The Medicare (Fed Med/EE) tax rate percentage for 2021 is 1.45 percent, the same as it was in 2020. The Fed MED/EE Tax rate is 2.9 percent of gross income. The employee pays 1.45 percent and the employer pays a matching 1.45 percent. Self-employed individuals will pay the entire 2.9 percent.  Here’s a look at the FICA tax rates for 2021: *Additional .9% Medicare Tax for people who earn more than $200,000 ($250,000 for joint filers) Unlike the Social Security tax which has an income limit on how much tax is paid, there is no limit on the Fed MED/EE tax. This tax is paid on everyone’s earnings, no matter how small or how large the annual amount. The percentage that you must pay on Medicare taxes may increase, depending on your income. If you make more than $200,000 per year, you are subject to an increase in Medicare taxes based on the Affordable Care Act’s Additional Medicare Tax (we’ll discuss more on that later in this article).   While both Fed Med/EE and Fed OASDI EE are both a part of FICA, they are two separate taxes that show up on pay statements. Fed Med/EE is Medicare tax, while Fed OASDI EE is Social Security tax. To learn all about Social Security tax, check out this guide: What Does Fed OASDI/EE Mean on a Paycheck? Every person, with a few rare exceptions, who earns a paycheck, will have this payroll tax deducted from the gross salary earned, but it is not part of the Federal taxes paid for income tax purposes. An example of an exception to this payroll tax is when both the employer and employee are members of a religion that is opposed to insurance based on their divinity’s doctrine. “An exemption from Social Security and Medicare taxes applies to non-immigrant students, scholars, teachers, researchers, and trainees (including medical interns) who are temporarily present in the United States in F-1, J-1, M-1, or Q-1 status, as long as they remain non-residents for federal income tax purposes,” according to TheBalance.com. “The exemption also applies to any period in which a foreign student is in “practical training” or other off-campus employment allowed by U.S. Citizenship and Immigration Services (USCIS).” If someone thinks that they may have justification for an exception to paying this tax or already qualify for an exception to paying this tax, can talk with an IRS agent or consult a tax advisor for guidance. All other wage earners are required to pay this tax. Employees who have overpaid on their Medicare taxes are eligible for a refund. To pursue getting a refund on your FICA taxes, you will need to first claim this with your employer. If that is not successful, you will need to attempt to get your refund when you file your taxes with the IRS on a Form 843 (Claim Refund or Request for Abatement). If you are self-employed, handing Fed Med/EE taxes is not quite as simple. First off, those taxes are not automatically withheld on your paycheck like they are for employed people. And second, self-employed people are responsible for paying both halves of Fed Med/EE tax (so, the entire 2.9%), as well as the other part of FICA, Social Security Tax. Medicare and Social Security taxes make up a total of around 15.3% of a self-employed person’s income. Paying the IRS for these taxes can be confusing at first, but once you get the hang of it, it isn’t too bad. According to the IRS: “As a self-employed individual, generally you are required to file an annual return and pay estimated tax quarterly. Self-employed individuals generally must pay self-employment tax (SE tax) as well as income tax. SE tax is a Social Security and Medicare tax primarily for individuals who work for themselves. It is similar to the Social Security and Medicare taxes withheld from the pay of most wage earners. In general, anytime the wording “self-employment tax” is used, it only refers to Social Security and Medicare taxes and not any other tax (like income tax).” If you are under contract as a W2 employee, your employer should be paying for half of your Medicare tax. As stated above, Medicare tax is 2.9% of your income, but as an employed individual, you only have to pay 1.45%, and your employer is responsible for paying the other 1.45%. Keep in mind, if you are a freelancer, contractor, self-employed person, or any other kind of worker, the business you work for is not responsible for paying the other half of your Medicare tax. If you are an employed person and you believe your employer is not withholding Fed Med/EE tax, contact your human resources department. If there are still concerns after trying to resolve this issue with your company, you can reach out to an IRS agent at 1-800-829-1040.     Individual taxpayers cannot list the Fed MED/EE tax as an expense on their income tax forms. Only Federal income tax can be listed as an expense for IRS purposes. Self-employed individuals who pay both the employer’s and employee’s share of the tax can list the employer’s 1.45 percent portion of the tax as a business expense on their company’s income tax, but not the employee’s 1.45 percent portion on their personal tax forms. Employers can find the guidelines on Fed MED/EE tax calculations at the IRS website: https://www.irs.gov/   FICA taxes are fixed percentage of your income, so you cannot lower the rate that you have to pay. However, you can reduce the amount of taxable income you have by claiming deductions, which will lower the overall amount you have to pay in to the IRS.   FICA EE is a common misnomer for the income tax, FICA. FICA stands for Federal Insurance Contributions Act, which is a total of 7.65% of your income. It is made up of both FED/Med EE (Medicare, 1.45%) and Fed OASDI/EE (Social Security, 6.2%) taxes. You typically will not see the term FICA listed out on your paycheck or pay statements since the individual Medicare and Social Security taxes are listed instead.    The subject of healthcare in America is not a new topic of conversation. In fact, it was a long road from the time the idea of a national healthcare program was proposed to the time it actually came to fruition. There were tentative plans and communication about a healthcare program throughout President Teddy Roosevelt’s administration, but it wasn’t until nearly 50 years later that the legislation went through and the program rolled out under the Johnson Administration. Medicare tax started out as 0.7% back in 1966. Just like today, employees paid half, and employers paid half. Over the years, the tax has increased to 2.9% and is projected to continue going up as the national healthcare program grows and evolves.   In addition to lowering the cost of healthcare for Americans, the main purpose of the Affordable Care Act has been to increase Medicare taxes for employees who earn more than $200,000 per year, decrease the cost of prescription drugs, increase premiums for wealthy people, offer preventative services free of charge (annual exams with physician, patient prevention plans, mammograms, etc.). According to healthcare.gov, the plans available through the Affordable Care Act Marketplace must include the following “essential health benefits”: Essential health benefits can be different depending on your state of residence. There are multiple plans employees can enroll for. Some of the additional benefits included in plans are: Essential health benefits list provided by Healthcare.gov.   The increase in Medicare tax on the highest earning individuals is called the Additional Medicare Tax. This applies to employees who make more than $200,000 per year, or $250,000 if you’re filing jointly with your spouse. The additional tax is another .9% on top of the 1.45% that all employees are required to pay for Medicare tax. The Additional Medicare Tax does not require employers to split the additional .9%, though – employees must pay the total of 2.35% Medicare tax themselves. Keep in mind, the Additional Medicare Tax is only applied to income that surpasses $200,000. If an employee makes $300,000 in a year, they will have to pay 1.45% in Medicare tax on the first $200,000 and 2.35% on the last $100,000. “Another result of ACA reforms is the Net Investment Income Tax (NIIT). The NIIT, also known as the Unearned Income Medicare Contribution Surtax, is a 3.8% Medicare tax that applies to investment income and to regular income over a certain threshold,” According to smartassetcom. “If your Modified Adjusted Gross Income exceeds $200,000 ($250,000 if you’re married and filing jointly) you may be subject to the NIIT. Examples of investment income that is subject to the NIIT include dividends, interest, passive income, annuities, royalties and capital gains. The 3.8% tax applies to the lesser of either your net investment income or the amount by which your MAGI exceeds $200,000 (or $250,000 for joint filers). That means the NIIT acts as either an extra income tax or an extra capital gains tax. You can report your net investment income on IRS Form 8690.”  

ADA Bathroom Sink Height Requirements

The United States government has established guidelines and requirements for bathroom facilities in order to protect the rights of the disabled. Imagine if you were in a wheelchair and needed to use a sink that was difficult to reach. What are the ADA Bathroom Sink Height Requirements to make sure facilities are disabled-friendly? With the passage of the Civil Rights Act of 1964, African-Americans were given protection against racial discrimination. In 1990, the Americans with Disabilities Act (ADA) extended the legal protections against discrimination to the handicapped. The ADA specifications are required in public buildings, they are recommendations for private establishments. As the American population ages, the number of people in wheelchairs or with walkers is also increasing. Handicapped people might use a sink as support against falling. Thus, builders must create a solid, stable sink free of any sharp, protruding edges on top, the side, or underneath. The ideal sink is mounted on the wall to allow a wheelchair to pass underneath. If you do not have a tape measure, you could set a chair under a sink and sit on it. Do your knees have plenty of space? Can you reach the faucet handles? The goal of ADA is to provide equal access to bathrooms for the disabled. The ADA has the following categories for knee clearance and sinks top height: At the Kindergarten level, knee clearance should be 19 inches minimum, and the sink top should be 24 inches maximum. At the Elementary level, knee clearance should be 24 inches minimum, and the sink top should be 29 inches maximum. At the Adult level, knee clearance should be 29 inches minimum, and the sink top should be 34 inches maximum. The ADA Bathroom Sink Height Requirements include a depth maximum of 6.5 inches. The knee clearance should also have a width of 30 inches and a depth of 19 inches. The disabled man should be able to position his wheelchair in front of the sink. ADA even suggests that the faucet handles should be push, lever, touch or motion sensor.

How To Write An Affidavit For Child Custody

One of the most contentious issues in any legal matter is that of child custody. Because these matters are often fraught with emotion, it can be difficult to separate facts from feelings. However, that is exactly the purpose of a child custody affidavit. Here’s how to write an affidavit for child custody. Affidavit Basics This legal statement is a sworn document that is typically witnessed by a notary before being filed at the court. The person who writes the affidavit is referred to as the “affiant.” A child custody affidavit is most frequently filed during the early stages of a divorce. Usually, the affidavit helps the court decide where the children will live while the divorce case is pending. The affidavits are an opportunity for both parties to state why they should have custody of the children, at least on a temporary basis. What Should Be Included in the Affidavit? An affidavit is a factual document, and it’s important to keep opinions and feelings separate from the facts. Affidavits that are clouded with argumentative or one-sided opinions usually do not help the affiant’s case. In fact, they may very well harm their pursuit of custody. That’s why it’s often necessary to draft several versions of the affidavit before selecting the one that will be filed with the court. Affiants should avoid phrases like: Better alternatives are “I witnessed” or “I observed.” Using these phrases leads to a statement of fact rather than opinion. These phrases also demonstrate the credibility of the affiant as they show that he or she has firsthand knowledge of the events. Whenever possible, include dates, times, and locations as these details may all lend further credibility to the affidavit. How To File Forms For Temporary Child Custody Formatting the Affidavit Some states have a form that can be obtained from the court’s website. Alternatively, the affiant may sometimes use a sheet of legal paper that includes the caption of the case. The caption includes the names of the parties to the case and the court-assigned case number. Most affidavits must begin with language like “I, (affiant’s name), do solemnly swear that the following is true to the best of my knowledge.” This is followed by a numbered list of facts with a signature and dateline at the end. Some affidavits will require notarization, so it’s important not to sign the affidavit until the signer is in the presence of a notary.

How To Cancel A Contract In Writing

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

Best Way To Find People By Social Security Number

One of the most popular and widely used identification numbers is the Social Security Number (SSN). Although the government told organizations they should not use this in every day transactions, the number has been used for employment, credit searches and crime records. There are many online search sites that permit people to look for anyone by using the Social Security Number and last name. On July 4, 1966, the Freedom of Information Act was passed giving individuals, landlords, employers and law enforcement officials more access to the numerous files detailing the life history of every American. This information is meant to be delivered on the “right to know” of the requester. Some families use the Social Security Number to check up on their loved ones. Many families tend to be very mobile and spread out throughout the country. For family reunions, birthdays or deaths, it makes sense for family members to search for that long lost cousin or aunt twice removed. This has been considered a legitimate search reason. The Federal Bureau of Investigation (FBI) has used the social security number for criminal records. These are the most complete files listing an individual’s name, phone number, job, address and crime. Credit reporting agencies have created financial files on consumers when they make a loan application. When an individual applies for a position or for housing, the employer or landlord has access to these personal files also. It has become quite easy to get a hold of a Social Security Number. The Reverse Social Security Number search is used on sites to verify whether the person matches his number. Usually, this search is conducted with a last name. Individuals, private companies, private investigators, banks, apartment complexes, local, state and federal governments are all looking up this private information every day. Companies have accumulated a lot of information about you and sold it to these databases to make money. The Social Security Administration (SSA) also allows searches to determine eligibility for benefits. The best way to find people by Social Security Number is online. There are many paid services – some government, some law enforcement and some family-oriented. There is an abundance of information: birth, marriage, arrests, taxes, credit history and bankruptcies may be included.

Can I Start A Business While Receiving Unemployment Benefits?

Unemployment compensation is a state-administered system under which people who lose their jobs through no fault of their own can receive a weekly benefit to assist them while they look for work. The entrepreneurial spirit is something that is usually encouraged in a person who wants to pursue the dream of owning a business, but doing so could affect the person’s eligibility for unemployment benefits. Although unemployment compensation laws vary from state to state, two common eligibility requirements are:   If you are laid off due to a lack of work or some other reason that is not your fault, you might be eligible to collect unemployment compensation benefits while you search for a new job. Most states require unemployment recipients to be ready and willing to accept work in any occupation that is consistent with their training or prior work experience. Benefits can be withheld from workers who limit the hours or days when they can work. Starting your own business while collecting unemployment benefits could affect your eligibility if you make money from the business. A person who accepts a part-time job while collecting weekly benefits must report the income to the state unemployment office. The result will be a reduction of the unemployment benefits in an amount equal to the income from the part-time job. Aside from the issue of money earned from a business affecting eligibility for benefits, another issue with a new business is one of the times. The time you devote to starting your new business takes away from the time you should be spending looking for a job. Officials at unemployment could also view your new business as a job and determine that you are now working and no longer eligible for benefits. The federal government is trying to encourage states to amend their laws to allow unemployed workers to retain their weekly unemployment insurance benefits while starting a new business. The Self-Employment Assistance program would provide incentives to states that allow unemployment insurance recipients to keep their benefits while starting a new business. Source: Small Business Administration, Self-Employment Assistance Center https://sea.workforcegps.org/

Requirements For Canadian-American Dual Citizenship

With the mobility, job opportunities, and wealth of modern families, the possibilities of dual citizenship are becoming increasingly lucrative. The United States and Canada share the language, history, culture, geography, and currency. Here are the requirements for Canadian-American Dual Citizenship. Both the United States and Canada follow the Anglo Law system. Thus, the following are the primary ways to gain citizenship in these countries: For normal citizenship, most people were both born and reside in the same country. Due to the conveniences of modern travel and common economic systems, more people are able to emigrate to other nations. They might meet someone online or read about a job opportunity in another country. The modern world enables people to move to another country within a matter of hours or days. The most common issue of Dual Citizenship is when someone was born in one country and resides in another for his or her job. The United States and Canada share borders, entertainment, and important infrastructure, like railroads. In modern culture, there are very few barriers between an American or Canadian working in either country.   How to get dual citizenship in Canada In order to gain Canadian-American Dual Citizenship, an applicant must have citizenship in one country and gain citizenship from the other through birth, marriage, or naturalization. Extended residency is also a possibility, but will also require the naturalization process. The Canadian Citizenship Act of 1947 is applicable to determine the requirements for Dual Citizenship. It largely affects the previous British citizens who resided in Canada and who were now given the option of becoming fully Canadian. The United States and Canada both acknowledge jus soli citizenship based on being born in the country. The United States citizenship law is basically incarnated in the United States Constitution. Those who have Canadian-American Dual Citizenship benefit from easier travel regulations, but must still hold an American passport and a Canadian passport. The holder of Dual Citizenship also must obey both nation’s laws, which can be difficult since there are points of disagreement. Check with your local government office and ensure that you express your desire for Dual Citizenship without renouncing your citizenship.

Tax Benefits Of A Family Trust

Estate planning allows a family to gain increased control, management, and access to their valuable assets. A Family Trust can be used to distribute tax exemptions and liabilities for specific asset classes. Here are the tax benefits of a Family Trust. The Family Trust allows grandparents, parents, and children to gain superior control over their assets. Federal, state, and local taxation rules create different levels of exemptions and liabilities adhering to each taxpayer. The Family Trust permits family members to allocate their exemptions and funds in different estate portfolios. During his lifetime, a parent will increase his income and purchase stocks, bonds, and real estate. Over time, this estate grows as well as the tax liability. A Family Trust allows the wealthy parent to distribute his assets and tax liabilities to his beneficiaries. Every year, the Internal Revenue Service has different exemption limits. The wealthy estate planner can determine how much he wants to give his beneficiaries based on said exemption limitations. For example, he can consider the “individual lifetime federal gift tax exemption” and allocate his gifts to the Family Trust to remain under the limit. How Family Trusts Work A married couple can use the Family Trust to distribute gifts to each other or their children based on federal and state tax exemptions. Using a Family Trust (Credit Shelter or AB Trust), the parents can transfer millions of dollars in assets without paying gift tax. They can designate the beneficiaries one by one and change the allocations to suit any changing needs. The ability to combine marital exemptions is called “portability.” The government is really cracking down on any wealth transfer – it has even created a tax especially for grandparents. The generation-skipping transfer (GST) was established through the Tax Reform Act of 1986 to close any loopholes for families distributing their wealth across generations. This could either include: A parent distribution to child and the child distribution to grandchild  The grandparent direct distribution to the grandchild In either case, the Family Trust allows grandparents to avoid or reduce this tax liability.

How To File An Irrevocable Trust With The IRS

The Irrevocable Trust is becoming a popular way for families to protect their assets from seizure by creditors. People have accumulated more wealth than ever before while also accumulating record debt levels. Here is how to file an Irrevocable Trust with the Internal Revenue Service (IRS.) The Irrevocable Trust is an estate planning mechanism aimed at protecting assets and reducing tax liabilities. The IRS (Publication 1635) defines the Irrevocable Trust as a “trust, which, by its terms, cannot be modified, amended, or revoked. For tax purposes, an irrevocable trust can be treated as a simple, complex, or grantor trust, depending on the powers listed in the trust instrument.” Many banks have been successful in using the courts to go after debtors with high levels of bad debt. The Irrevocable Trust has key advantages because creditors cannot legally access the money. The Irrevocable Trust is created by the original owner (or Grantor) ceding the use and income benefits of an asset from himself to the beneficiary of the trust. Usually, this is done from a parent to a child, but a grandchild or nephew can also be the beneficiary. Setting up the trust reduces the income tax liability of the original owner while ensuring that the beneficiary receives the assets in question. There are many requirements for filing an Irrevocable Trust with the IRS. The Trustee must fill out Form SS-4 to acquire a federal employer identification number (FEIN). The legal name of the trust, the Trustee name and address must be given to the IRS. Next, the Trustee should file the Form 1041 – “U.S. Income Tax Return for Estates and Trusts” with the IRS – if the Irrevocable Trust has more than $600 in taxable income generated annually. The Trustee must calculate the expected annual income tax liability of the trust. Also, filing the Schedule K-1 (a list of the distribution of income to beneficiaries) is also required. Income can be shifted to the Irrevocable Trust to avoid high estate taxes. The owner of the Irrevocable Trust has no power to amend the stipulations that govern the trust. The owner of the Irrevocable Trust can also be the Trustee, but cannot have any extra powers or authority beyond standard administration of said trust.

Applying For A California Assistance Dog Tag

Service dogs make it possible for people with disabilities to complete the daily tasks of living. In California, it is required for service animals to have an Assistance Dog Tag. Acquiring a tag is a simple process, and doing so ensures that the service animal will be able to accompany their human companion wherever they go. Preparing to Get a California Assistance Dog Tag A person applying for an assistance dog tag may be asked to prove that they are disabled. Officials are not allowed to ask the applicant to specifically identify their disability. However, the applicant should be able to truthfully attest that they are disabled and require a service animal. Sometimes the best way to do this is with a letter from a physician that simply states that the bearer is disabled and requires a service animal. The applicant must have the dog’s immunization records. Of particular interest to state officials is the documentation that shows that the dog’s rabies vaccine is up to date. Service animals do not need to be certified to receive an Assistance Dog Tag, nor do they necessarily have to have completed assistance training. Filling Out the Application Bring the necessary documentation to the local animal control offices. Workers there may inspect paperwork, and are permitted to inquire as to what types of tasks the service animal performs. However, the applicant is not required to inform the worker of the specific nature of their disability. An application form must be completed, and it is signed by the applicant after they have read an affidavit attesting to the fact that they are disabled and require the assistance of a service animal. Punishment for Misuse California laws make it illegal for anyone to obtain an assistance dog tag who is not entitled to one. Those who are not actually disabled or whose companion animal does not actually perform any helpful tasks may be punished by fine or imprisonment. Likewise, it is unlawful for many businesses to refuse entry to a dog that carries an assistance dog tag. Disabled persons with a service animal that bears the dog tag can take legal action in such a situation. Assistance dogs provide many beneficial services to their human companions. Obtaining an assistance dog tag readily identifies an animal’s service capacity and should grant them the right to enter most buildings in California.

Avoid Paying Child Support Legally

In the majority of divorce actions where minor children are involved, child support payments are ordered. Usually, payments are made by the non-custodial parent to the custodial parent on a schedule and in an amount that is agreed to by both parties or is ordered by the presiding court. However, there are several circumstances under which the parent who would normally be ordered to pay child support may legally avoid this responsibility. If both parents can reach a settlement agreement in which child support is refused, then the court typically complies with this request. Custodial parents may opt not to accept child support payments for a variety of reasons, just as there are numerous situations in which a non-custodial parent might reasonably expect not to have to make support payments. Most often, these agreements come about because the non-custodial parent has limited income or makes less than the custodial parent. Typically, these agreements are negotiated by attorneys and form a part of the divorce paperwork. In some situations it may be possible to end child support payments that have already been mandated by the court. Doing so sometimes involves a lengthy legal process that is in itself expensive. Moreover, some of the options are not particularly attractive or desirable. A court may grant an end to child support for a person who has lost their job or recently become incarcerated. The death of the other parent may terminate child support payments, as will a significant change in custody such as the children living more in the home of the parent who was paying child support. In some states, child support can be avoided legally if the child is 18 years of age. Other states may require child support until the age of 21. Other options are less frequently used. A parent ordered to pay child support may avoid the obligation by allowing the child to be adopted by another adult. Contesting the parentage of the children involved is an additional option. Minors who have themselves legally declared as emancipated or join the military are no longer entitled to child support payments. Legally avoiding payment of child support can be a complicated and time consuming process. Nonetheless, it is sometimes a realistic option. Hiring legal counsel is highly advisable for anyone hoping to legally avoid child support payments.

How Does A Fingerprint Background Check Work?

Over the span of your lifetime, the local, state, and federal governments will accumulate information about you. (And we’re not talking about the information you share with Siri.) From details about your family, education, housing, and criminal records. One of the ways your information can be gathered is through a fingerprint background check, which is a common part of applying for housing or employment. So, how does a fingerprint background check work, exactly? In this article, we will discuss the basics of what a fingerprint background check is, how it is stored by the FBI, and what kind of information it shows about you.   A fingerprint background check is used to pull up information about a person that is stored in a database. Regardless of what the check is done for, the data is collected and kept by the Federal Bureau of Investigation (FBI) in the Integrated Automated Fingerprint Identification System, which houses approximately 70 million criminal backgrounds. Prior to technological advances, fingerprint background checks were taken the old school way – by pressing a finger in ink, stamping it on paper, and uploading it to a database. But now, everything is done much more efficiently, on a scanner that records the fingerprint electronically. The fingerprint database will include your “rap sheet” consisting of any criminal arrest dates, charges, and the disposition of cases. Your fingerprints also identify basic information about your life, such as birth, name, address, and employment. Many times, a simple police report can be linked to these fingerprint records also. This could include vehicle accidents, insurance information, and statements you made. When you request the check, it might take a couple of weeks to a month to deliver results via mail. You can also choose the electronic application method for processing. You can have these fingerprint records authenticated (or a certificate of apostille) if you want from the FBI. If nothing was found, you will receive a written document attesting to that fact. Each state has its own regulations concerning the fingerprint background check. Many require the fingerprint background check for employees who work around children in the education system. Some states require the applicant to have a state-issued identification number showing it has the legal right to request such confidential information. The federal government has many sources for collecting fingerprints, including: Any data collected through written forms or spoken answers will be listed in your fingerprint background check. The most complete records linked to these fingerprints are stored with the Federal Bureau of Investigation (FBI). Just like your social security number, your fingerprints are used by the government to track information about you. When an organization wants your fingerprint background check for adoption, overseas travel, employment, licensing, or housing, it can make the request from a state identification bureau, FBI channeler, or the FBI itself. It must have the legal authority to access these personal records. In the past, it was assumed that fingerprint background checks were the best way to find out information about someone. Yet, that is not necessarily true. When someone has a fingerprint background check done, they are simply having their prints cross-referenced to their recorded criminal history. In the event that the person has a criminal history, the person or organization requesting the background check will be notified as long as the crime was filed with the person’s fingerprints. However, the details and results of the crime may not be included in this information. And sometimes, certain crimes will not even show up on a fingerprint background check if fingerprints were not taken at the time of the crime. Bottom line – there are tons of variables that may affect the thoroughness of a fingerprint background check, so it is not necessarily the best way to find out information about someone.   For more on background checks, check out how to order a criminal background check on yourself here.

How To File An H1B Visa

The United States government allows employers to hire workers in specialty occupations by assigning them an H1B Visa. These highly technical fields might be very hard to fill with native workers and production could be limited if these immigration exceptions are not granted. Here is how to file an H1B Visa. The United States Citizenship & Immigration Service (USCIS) has determined that certain occupations are so valuable that special work visas can be assigned to employees in these fields. The USCIS defines a “specialty occupation” as one requiring a theoretical or practical application of highly specialized knowledge. Usually, a master’s degree or higher is required in this type of field. The USCIS lists the following positions as the mostly likely to receive the H1B Visa: architects, engineers, lawyers, physicians and professors. This specialty has also been extended to accountants, computer professionals and economists. Foreign degree levels and specialized work experience will be compared to equivalent American standards to determine the applicant’s qualifications. Before even filing the visa application, an organization must file a labor condition application (LCA) to the United States Department of Labor proving that it is meeting all relevant labor laws. The wage offered must be commensurate to an employee in that job category. The LCA must be filed where the employee will do the work. A company must list its history, sales and number of employees. An organization headquartered in the United States must fill out the H1B Visa form (also called Form I-129). It must include its IRS tax identification number on all requisite forms. The employer must prove 1) that the employee in question works in a specialty occupation and 2) has the required qualifications. There must also be a job offer for the non-immigrant worker. If the relevant United States government agencies accept the application, then the non-immigrant worker will be given a temporary work H1B Visa. The LCA will list how long the employment is – that will be the length for the visa too, up to three years. Workers can have multiple employees fill out the visa application if there are multiple offers.

Finding a Missing Person for Free

Going off the grid is harder now than ever, so what happens when someone you know is nowhere to be found? One of the most devastating things that can happen to anyone in the disappearance of a loved one. Neither the pain nor the questions fade whether it is a recent disappearance or an occurrence that happened long ago. Sometimes, one is searching for a missing person who is simply an old acquaintance that can no longer be found. In any case, it can be possible to seek a missing person without paying the fees associated with private investigators. Before you rush to the police or post flyers on every street corner, consider why this person is missing. If you believe they have been abducted or are in immediate danger, go to the police as soon as possible. However, if you are simply searching for someone you have not heard from in a while, there are plenty of resources to help locate them. Maybe you were adopted as a child and want to look for your biological parents, but each time you search, they are nowhere to be found. Or, maybe your child’s father hasn’t been paying child support, and you’re unsure of his whereabouts. Keep in mind, the following methods of locating a missing person will not apply to every case. How you handle finding a missing person will depend on the situation, how long they’ve been missing, and if you believe they are in danger. If someone is missing and potentially in danger, the first step is always to file a missing person’s report. In instances of a missing child or other emergencies, call 911. A search will take place that will hopefully uncover the missing person. However, if there is no reason to suspect foul play and the missing person is an adult, you may need to visit a police station in the jurisdiction where the person last lived. The person will then be entered into a database that is accessible by other police departments throughout the country. After filing a police report, but sure to record the case number and officer’s name so you can reach out as needed to get updates on the case. Reaching out to hospitals, jails, and coroners in the missing person’s jurisdiction is another step you should take if someone has disappeared recently. This way, you can rule out accidents, death, and incarceration before you continue your search. If you believe someone has been incarcerated, simply get in touch with the police station closest to the missing person’s last known address. Here is a more in-depth look at how to find someone in jail. It is also advisable to reach out to multiple hospitals during your search. When you call, be sure to give a description of the person’s appearance; if they were in an accident and admitted to the hospital with no ID, the facility may not know their identity yet, so sharing what they look like is helpful. And lastly, get in touch with the local coroner to ensure the person you are looking for is not deceased. Google is the answer to everything. So before you take the time to explore the more tedious ways to find a missing person, try a simple Google search with the information you already have. Hopefully you have their name, but any piece of information may be able to uncover details about the person’s whereabouts. In most cases, you will end up on a site like White Pages or MyLife.com, where the directory will provide the most-recently collected address, phone number, and age available for the person. A lot of times, however, the information is not up-to-date. Speaking of online directories, there are several resources you can use that collect people’s information. If available on the web, these sites provide first and last names, addresses, phone numbers, and email addresses. Many online directories will require you to pay to search through their database, but here are a few free ones: Facebook has become a popular tool for locating missing people. Runaways may set up Facebook pages or stay active on their previous ones, which can put loved ones in contact with them. However, many more times, it is more effective to circulate a picture with as many details as possible. Include identifying marks, the clothing they were last known to wear, and last-known location. Even the smallest bit of information can lead to finding the person. Last, put out a call to action to spread the photograph around the web. Photos can reach hundreds of thousands of people all over the country within a matter of hours. Another trick to learning more about a missing person is to check the last time they were active on Instagram. If they are someone who is regularly on social media, this can be an important indication of when they went missing. To check this information, go to your direct message inbox and click on the last conversation you had with this person. Under their Instagram handle, you will be able to see the last time they were active on the app. Fortunately for anyone searching for another person, location-sharing has been incredibly popular over the past few years. If the missing person is a close friend or family member, it is very likely that someone in their life will have access to their phone’s location. iPhone users have a Family Sharing option that can be accessed via iCloud. If the person has it enabled on their phone, you will be able to track them. Another common method of location-sharing is the Find My Friends app, available on both Android and iOS devices. If the missing person has shared their location with you, you will be able to view where their phone is at – which is likely where they are located. A last-ditch effort you can try is Snapchat. There is a locator feature on the app, but it is not as accurate as Family Sharing or Find My Friends. The perk of this locator is that many people have their location shared with all of their followers (safe, right?), not just a select few. However, it only updates every hour or so and does not give you an exact location, but a general area that the person is in. If you do not personally have someone’s location on your phone, it may be appropriate to ask one of their friends or family members, depending on the situation. If the case involves a person in danger, the police may go to a cell phone company to track the location of the individual. Getting the attention of passersby is more difficult than it used to be; how often are people looking up from their cell phones when they’re walking from one place to the next? Nevertheless, if you are concerned the missing person is in danger, it is worth it to post photographs of them in local places like coffee shops, churches, hospitals, and parks. If it is a business or organization that you plan to post flyers at, be sure to get permission first or they may be taken down. The National Missing and Unidentified Persons System, or NamUs, is used by law enforcement officials throughout the country to help find missing people and identify the remains of those who have been found. Anyone can view the database and those who register with NamUs can add their own information. NamUs is run by the U.S. Department of Justice. Sites like Craigslist offer free ads that serve a variety of purposes. One of these is to locate missing people. Craft an ad with a picture and place it in sites like these in every area where the person may be. Include a link to a website or social media page and urge people to share the information in person and online. Remember to keep track of where the ads were placed so they can be removed when the person is found. This one only applies to those concerned about the safety and well-being of the person they are looking for. If you are trying to track down your child’s father that owes you child support, News Channel 21 may not be the best place to turn. However, if you have filed a police report and the person is still missing, it is a good idea to cooperate with the media to tell your story and share photos and information about the individual. Typically the outlet will give viewers a tip line or direct phone number to reach out to if they have additional information regarding the search. If the missing person has their driver’s license, you may be able to get ahold of some information from the DMV. Some DMV’s will release addresses and dates of birth, but it is all dependent on the state’s laws. Privacy laws are stricter in some states, which would not allow you to obtain any information from them. If you are trying to find a missing person that has been away for an extended period of time, look into public and state records. While these records may not point you to the exact location of the missing person, they may be able to uncover details about the individual that you were struggling to find before. Public and state records are kept for things like bankruptcy, birth, death, divorce, marriage, and crime. You can also look into public records about professional licenses, like cosmetology, nursing, counseling, therapy, law, and medicine. If you find that the missing person recently got their license in counseling in the state of Indiana, you may be able to narrow down your search and find their place of work. If you have exhausted all of your options and have still not found the missing individual, you can go to the United States Department of Justice website to request federal records. The Freedom of Information Act makes it legal for you to request and view military records, IRS filings, pilot licenses, and some post office records. However, once you request any of the above information from a federal agency, you may not receive a response for nearly six months. Lastly, if you are still unable to find the missing person with these free resources, consider hiring a private investigator. While it may be expensive, finding the missing person can be worth the cost. Private investigators will have connections at police departments and hospitals, as well as expertise in uncovering details that you may not have thought about before.   So, did you file a police report for a missing person yet? If so, check out this guide on how to obtain police reports.

How To Write An Accident Report

Usually, a police officer will be called to the scene of an accident. If a police detective is not available, drivers might need to write their own accident reports to ensure there is documentation of the car accident. Here is how to write an accident report. Usually, if an accident was minor, then participants might not want to bother calling the police. For insurance and legal purposes, it is wise for someone to fill out an accident report. If you have been in an accident, there are three main categories of information that you will need to report: Try to be objective. Write down the time, date, and location of the accident. You will need to be very detailed with not only the city, county, and state, but the cross streets and exact position on the street where the accident occurred. Note any debris or skid marks also. Take pictures if you can. Environmental factors could include the amount of light (natural or artificial), street conditions, amount of traffic, and weather. Note any significant landmarks, especially property that might have damaged: signs, fences, or buildings. If there was property damage, including the name of the owner, address, and estimated cost of damage. Next, note the primary drivers involved in the accident – reporting and other parties. Other people listed would include passengers, drivers not-involved, and bystanders. Include name, age, gender, home address, and contact information for all the people. For the drivers add driver’s license number and insurance policy. List all injuries (and deaths) with the name, severity, and hospital if applicable. The third stage is to recreate the position, velocity, and vehicles on the scene. What is the vehicle type, make, model, and year? Include license plate information, number, issuing state, and year of expiration. List the original location of each vehicle on the site and velocity (direction and speed) before impact. Next, note the position of all parties at impact. Finally, show where the vehicles ended up after the accident. Describe the damage to the vehicles along with the cost of repairing them. Can the vehicle be salvaged? People should be able to understand what happened by reading your accident report. In the end, sign and date your accident report to make it official.

How Do Michigan Quick Claim Deed Laws Work?

Michigan is a state with great wilderness and plenty of thriving cities. Due to American Federalism, each state can create their own system to manage their populations. Here is how Michigan Quick Claim Deed laws work. The Quick Claim Deed is used to transfer property quickly avoiding the process of verifying ownership, warranties and liens. Two parties attest to the transfer of the property with the simple verbiage of the seller “quitting claim” to said land for the mentioned sum. This is beneficial to those who want to resell the property immediately. In the fast-paced modern real estate market, many people prefer the quit claim process because it avoids the paperwork of the standards deed process. Michigan has developed their own Quick Claim Deed Form with its own characteristics to assist in the conveyance of property. The applicant using the Michigan Quit Claim Form has to fill in the file number, name of drafter and person to return the form to “when recorded.” Next, the seller fills in his name and address. The seller “quit claims” to property, address and county in Michigan. The seller must carefully describe the property with tax parcel number, common name and sum involved. The final statement of the Quit Claim is unique to Michigan: ‘If the land being conveyed is unplatted, the following is deemed to be included: “This property may be located within the vicinity of farmland or farm operation. Generally accepted agricultural and management practices which may generate noise, dust, odors, and other associated conditions may be used and are protected by the Michigan Right to Farm Act.” ‘ Much of the urban Detroit environment is returning to wilderness. This statement reiterates the right of owners to farm land that is unplatted or not zoned. The bottom of the form has a place for the notary public. The Michigan Quit Claim Deed must be deposited with the Michigan Registry of Deeds. Michigan land transfer tax will be applicable if a financial profit was made by the conveyance of said property. This might not have occurred from the original transfer, but might be applicable if the new owner sells the property – the profit is the overage price versus the fair market value.

Can I Get a Free Lie Detector Test?

There are many reasons one might desire a lie detector test. It could be to verify suspicions regarding spousal behavior, determine the honesty of a teenage child, or simply for a project that requires the use of a polygraph machine. However, lie detectors can also be extremely expensive and difficult to find. Though it is rare to get a free lie detector test, there are ways to lower the cost. There are a number of online services that purport to have free lie detector software. They often require that individuals enter credit card information to receive results, which is conspicuous at best. There are some that are completely free to use, though the accuracy is questionable. Though the process is similar to free lie detection tests available online, those that are purchased are much more complex. Lie detection software comes in a variety of shapes and sizes, but the price can be as much as 1/10 of that of a traditional test. It is important to research different lie detection software packages. Some are well respected while many others are simple novelty items. A personal polygraph machine costs far less than the price of a polygraph exam. Though the accuracy is always in question when not used by a trained professional, the lie detector machines themselves are purported to be accurate. Even more attractive is the fact that the machine can be used multiple times or sold to someone else who may desire to own it. Voice tests use sub-audible tremors in a person’s response to detecting whether not they are telling the truth. A voice test can be conducted over the telephone, which is easier than traveling for a traditional polygraph and less expensive as well. Though the price of a voice test varies, the cost can be as much as half the price as a traditional polygraph test. The best polygraph a private individual can use is one that is conducted on professional equipment by those who are trained to use them. The cost of these lie detector services are often hundreds of dollars. However, it is sometimes possible to contact a professional and negotiate a lower price. This is especially true of students who are using the test for special projects or reports.

The Best Way to Find a Pro Bono Divorce Lawyer

Even in the best circumstances, divorce is difficult. In most cases, emotions run high while funds run low. Divorcing couples usually find themselves with half the funds they once had while debt continues to run high. Perhaps the couple was already deeply in debt, or maybe one partner has frozen the assets. Whatever the situation may be, sometimes it is needed, and possible, to find a pro bono divorce lawyer. There are many instances in which one spouse makes a great deal more money than the other. A judge may order that one spouse pay for the other’s legal fees if the higher-earning individual is fairly well off. A lawyer may take a case based on the premise that a judge will make this order. There are times that a judge will order that the higher-earning spouse only pay partial legal fees, in which case the other spouse must make up the difference. The Bar Association for each state should have a list of attorneys who provide pro bono, or free, services to individuals attempting to divorce. Some of these attorneys are relatively new and seeking experience, but many are those who are simply desirous of doing a good deed for those who need it the most. Generally, these services are reserved only for those who truly cannot afford to pay. This means that the divorcing individual will need to show proof of income, debt, and expenses. Legal aid, sometimes called legal services, is a type of organization that provides help to people with low income. Legal aid often puts individuals in touch with attorneys that will offer advice or full services. All processes are need-based. A quick call to the county courthouse can put one in touch with a facilitator. While a courthouse facilitator is not an attorney, they can help an individual file for divorce on his or her own behalf. The facilitator will make sure the correct paperwork is filed in the appropriate location. They may sometimes be able to help calculate the correct amount of child support and/or alimony that should be requested. A courthouse facilitator is an ideal choice if neither party can afford an attorney. Many divorce lawyers will offer a one-time consultation for a reduced fee in order to help individuals who do not qualify for other programs but still need a lawyer to help with certain situations. When consulting a lawyer, individuals should make sure they know in advance exactly how much will be charged and what will be covered in the allotted time.

Best Way to File for Bankruptcy in California

Bankruptcy is not an easy prospect for anyone. Individuals must consider all of their options before they choose this option. However, there are ways to simplify the process once bankruptcy protection is sought. California law can be complex, which is why it is important to consult a bankruptcy lawyer. Individuals opting for bankruptcy in California may choose either Chapter 7 or Chapter 13 bankruptcy. Chapter 7 bankruptcy is sometimes referred to as straight bankruptcy. This form requires that non-exempt properties be sold, often by the court. These are then used to pay all or part of the debts owed to creditors. Loan holders are also given the right to reclaim the property they own, including automobiles and homes. The remaining debt is forgiven. Chapter 13 bankruptcy requires a reorganization of debts. The law allows for individuals to set up a three to five year payment plan on all debts, which keeps homes and automobiles intact. Those who wish to restructure their debt, rather than have it forgiven, must show that they are able to pay loans over a period of time. The first thing a bankruptcy attorney will tell individuals to do is to gather the appropriate paperwork. This will include at least six months of payment documentation. This document must be issued by an employer either physically or electronically. Any income from other sources must be verified as well. If there are any savings accounts, retirement accounts, or life insurance policies, those documents should be gathered as well. Likewise, it will be necessary to have up to four years of income tax returns available. Information about all debt is also necessary. This includes credit cards, house payments, vehicle payments, alimony or child support, and student loans. Any regular bills should also be presented in order to show monthly responsibilities. Find proof of at least six months of utility bills and insurance premiums to present to the attorney. The best way to file for bankruptcy in California is to hire an attorney. Though some may choose to file on their own behalf, the law is far too complex for most people to adequately understand. Likewise, individuals who fear they may not be able to afford attorney fees can find solace knowing that they are likely to save more when utilizing attorney services than when filing on their own. There are special tips for finding the best bankruptcy lawyer. First, make sure the attorney specializes in bankruptcy. Do some research online to find out how long the attorney has been practicing in that field and where he or she obtained the law degree. Also check to make sure that the attorney belongs to the National Association of Consumer Bankruptcy Attorneys. Though this is not necessary, it can be a helpful tool when choosing between multiple lawyers. Last, meet with those attorneys that offer free consultations. It is important to work with someone who is straightforward and honest, which can generally be determined during that first meeting.

What Are The Potential Problems With Applying For A Green Card In Marriage?

The United States is well-know as the nation built upon immigration. Unfortunately, with a bad economy and terror threats, the country has become more difficult to move to. Here are some of the potential problems with applying for a Green Card in marriage. The primary goal of the marriage Green Card process is to prove the validity of your relationship by sharing intimate details and joint financial contracts. There is a challenge because of three factors: 1) potential fraud, 2) lower American marriage standards, and 3) the stress of revealing intimate details. Go online and you will see plenty of “available” foreign women who want to reach the United States. Marriage fraud is increasing as employment-based paths to immigration are being restricted. One problem is that after receiving a Green Card, a wife can make false claims of physical abuse and easily avoid any responsibilities in the marriage. Some know how to manipulate the system. In a nation that has a Las Vegas “drive-thru” divorces and a divorce rate above 50%, it can be difficult to gauge a real marriage. If an immigrant “gold digger” marries a wealthy man and gets a divorce after receiving a Green Card, she can argue that she is just being “American.” Who can dispute the claim? Immigration officials ask very personal, intimate and confidential questions during the Green Card application process. This can be embarrassing and reveal potential problems in the relationship. Spouses will begin to question some elements that they might not have considered before. Some people are wondering about separation. While an official legal separation or divorce will void the Green Card, can a temporary separation derail the process? Generally, the immigrant official is looking for a happy, traditional marriage for the Green Card. The paradox is that the immigrant official is looking for honesty. But if a spouse is honest about problems in the relationship, it could lead to the rejection of the Green Card. Marital problems are a natural element of a successful marriage. But having spouses argue in the presence of the immigrant official (while it may be normal at home) may not be wise when applying for a Green Card for lawful permanent residence.

Is Inheritance Taxable?

There are many types of inheritance. You can inherit cash, land, vehicles, stocks, money that was saved in a retirement account, rental property, a business, equipment, a payout from a life insurance policy and so on. Many times an inheritance will include a mixture of different assets that were saved and accumulated in different ways. In most cases, your inheritance is not taxable. Whether you receive money that was in a bank account, cash that was squirreled away somewhere, a direct payout from a life insurance policy or a house, you will receive it free and clear. However, there are some instances in which you will pay taxes on something that you have inherited. Inheriting an IRA or 401k One important and common example of this is an Individual Retirement Account (IRA) or a 401k. If you inherit this type of asset, the money will be taxed eventually. How much tax is assessed will depend on if the account was funded with pre-tax or post-tax dollars. If pre-tax dollars where used to fund the account, the entire amount of each distribution will be taxed. If post-tax dollars where used to fund the account, only the interest that has accumulated on the distribution will be taxed. This latter is because the money was already taxed before it was put into the account. Regardless, the money will not be taxed as long as it remains in the account. Selling an Inherited Property If you inherit a home, land, stock, etc. and sell it, you may be taxed on some of the proceeds. The property is given a fair market value, which is based on what it was worth when the decedent died in most cases. If you sell the property for more than the fair market value, you will pay taxes on the gain. If you sell it for less than or equal to the fair market value, you won’t be taxed on the money at all. Earning Money from an Inheritance Any money you make off of an inherited asset will be taxed, just as any other income would be taxed. If you inherit a rental property, the rent you make off of it will be claimed and taxed each year. The same goes for dividends from an inherited stock and money made from an inherited business. Tax laws can be tough and complicated, but with this handy guide you will be able to determine the taxable status of the most common types of inheritance.

How To Use A Small Estate Affidavit

As the world seeks faster and cheaper solutions to common problems to handling financial matters, the traditional probate court process has become overly burdensome in terms of time and money. When an estate consists of a small home or few valuable assets, then it can qualify as a Small Estate. The Small Estate Affidavit can be used to expedite the asset distribution process after someone dies. While a close family member could fill out the Small Estate Affidavit, the information and duties present in the form are really better suited to the executor or personal representative of the Deceased’s estate. The primary function is to provide a list of relevant information for the probate court in order to accelerate the process of distributing the real property. The person who fills out the firm is called the Affiant. The Affiant must estimate the gross value of the estate before even starting to fill out the form. The definition of a Small Estate varies by state, but is generally below $100,000 or $150,000. Imagine the price of a small home. Some states will not accept the Small Estate Affidavit. The first item to be filled in for the Small Estate Affidavit is the mailing and physical address of the Affiant. Next, the relationship of the Affiant and the Decedent must be established and confirmed by answering the following questions: Deceased name, residence at time of death and date of death. The Affiant must attach a copy of the death certificate to the form. Were all funeral expenses fully paid? Was there a will? And if the Affiant has possession thereof, how did he get the will? Are there any codicils to the will? A list of surviving spouse and children must be made along with residence addresses. The list of debts to persons and organizations must be listed also. One of the most important sections is the list of fair market value of personal property and the intended recipients of said property. The Affiant must testify if he knows of any disputes or potential conflicts regarding heirship. When completed, the executor should present this form to a probate judge. Then the executor can commence with his administrative duties of distributing assets to the heirs.

What Is A Trustee’s Deed Upon Sale?

When property has been placed into a trust, then the Trustee gains legal control to make decisions on the behalf of the beneficiary. If a beneficiary falls behind in making payments on his property in a trust, then the property can be foreclosed upon. Here is a description of the Trustee’s Deed Upon Sale. A Trustee holds property on behalf of another party. This could be for an underage child or a senior citizen as a method of estate planning. The Trustee’s Deed Upon Sale is a process for transferring property that has been foreclosed upon. Due to his legal authority, the Trustee can complete legal transactions without the use of courts. The terms for this action are the following: 1) the Trustee is the third-party authority, 2) the Trustor is the borrower and 3) the Beneficiary is the Lender. When the Trustor borrows against his property, he creates a lien on said property. If the trustor fails to complete his duties for making payments on a property in a trust, then the Trustee can foreclose upon said property. The Trustee will issue a Notice of Default (NOD) to the delinquent Trustor. Every step of this process is carefully recorded. The Trustor has 90 days to pay all the penalties and fulfill his financial responsibilities. If the Trustor does not satisfy these requirements, the property will be sold. More people are creating more complex estate planning legal protections, like Trusts. As parents age, they may have valuable assets that could be lost due to their making improper decisions. By establishing a responsible Trustee, family members can ensure that all legal procedures are followed and the valuable assets of an estate are well-protected. The Trustee’s Deed Upon Sale must be publicized for three weeks. The highest bidder at the courthouse auction receives the property. The Trustee’s Deed Upon Sale is a faster process than the traditional foreclosure process. Many courts are being bogged down with a large docket of foreclosed homes. The Trustee’s Deed Upon Sale enables buyers of the property to take advantage of any prime real estate market conditions. It is another valuable option that ensures that the legal rights of the Trustor and Lender are fully respected.

How Do I Get A Restricted License After A Dui Conviction?

DUI convictions are serious ones that come with severe consequences. People who are convicted of driving under the influence almost always have their driver’s licenses suspended or revoked for a period of time. However, people who must commute back and forth to work or school might need to be able to drive, especially if they live in rural areas where public transportation isn’t abundant. In some cases, people may be issued restricted driver’s licenses that allow them to drive for business purposes, which includes driving to work, school or church. Even before people are convicted of DUIs, they lose their driving privileges in most states just upon being charged with them. Most states immediately issue people charged with DUIs temporary licenses that last between 30 and 60 days to allow them time to find an attorney, plan their defense and work on getting a restricted license. Usually, the arresting officer will confiscate the offender’s license and issue him or her a citation that serves as a temporary license. Within the first 30 days of being charged with a DUI, however, offenders can schedule an administrative hearing with their DMVs to attempt to obtain a restricted license. In the administrative hearings, usually a preponderance of the evidence is considered to determine whether or not people can receive a restricted license that allows them to continue driving while their cases are ongoing. People who weren’t granted a restricted license before their convictions might still be able to receive them after their convictions. Each state has different laws that govern work-restricted licenses for those who need their driver’s licenses to commute back and forth to work. In order for some states to agree to grant work-restricted licenses, they might require that the offenders have ignition interlock devices installed in their vehicles that monitor their blood alcohol content levels by periodically requiring the drivers to blow into the devices while driving and before even starting up the vehicles. People can apply for work-restricted driver’s licenses at their local DMVs. In order to obtain restricted licenses, they must also comply with all their court-ordered provisions, such as any alcohol treatment programs and probation requirements. People who are convicted of DUIs lose their driving privileges for a certain amount of time. However, those who need them for work purposes might be able to get licenses that allow them to drive solely for getting back and forth from work and school.

What If You Refusee To Sign Divorce Papers?

Some people might not want to end their marriages even though their spouses do. Therefore, they might want to simply refuse to sign the divorce papers in hopes that will force the other parties to stay married to them. However, in reality, refusing to sign divorce papers only delays the inevitable and makes it more difficult for the parties seeking divorce to obtain them. While refusing to sign divorce papers might buy the party against divorce more time, generally, someone cannot be forced to stay married to another person. Some people might refuse to sign divorce papers not because they want to stay married to the other parties, but because they don’t agree with the stipulations laid forth in the divorce papers. In such instances, compromises and negotiations can be made until terms that both parties can agree to have been reached. If an agreement cannot be reached between both spouses, then the matter must go before the court for a hearing and can even lead to a trial. There are two types of divorce: no-fault and fault. In fault cases, the reasons for the divorce are considered, such as whether one party committed adultery and broke a marriage vow. In such cases, the party that broke a vow might not be awarded as much property as the other party. No-fault divorces don’t attribute blame to either spouse for the end of the marriage, so adultery and other fault-related actions are not considered in no-fault divorces. In no-fault states, refusal to sign divorce papers will not result in the divorce not being granted. In fault states, refusal to sign papers will generally result in a trial, but in almost every case the judge will find that there were grounds for divorce since one party does not want to be married to the other. Additionally, each state has different rules governing divorce, so reasons for divorce that are recognized in one state might not be recognized in others. Most of the time, accepted grounds for divorce in most states are irreconcilable differences and separation. Although both parties might not want to get a divorce, refusing to sign divorce papers will not necessarily stop the divorce process. At best, it might only delay it and allow the party who wants to stay married more time to try to convince the other party to do so.

Legality Of Tape Recording A Conversation?

There are many situations in which recording a conversation with another person might be convenient. Reporters interviewing the subject of a news story might wish to record the session to ensure accuracy. A consumer embroiled in a dispute over a bill might decide to record a telephone conversation with the creditor’s representative to use if the matter goes to court. Depending upon the circumstances or the situation, recording an in-person or telephone conversation might be a good idea, but care must be taken not to violate the law. <b>Laws Controlling the Recording of Conversations</b> Most state legislatures have enacted laws governing the recording of conversations, but states differ on the procedures that must be followed in order to avoid violating the laws. Federal law also restricts the manner in which conversations are recorded. Under federal law, at least one of the parties to a conversation must be aware that it is being recorded. This is also the law in a majority of the states and in the District of Columbia. A conversation between two people could be legally recorded by one of them because the person doing the recording is aware of it. The same holds true for conversations involving three or more people where the person recording the conversation counts as the consenting party. A person engaged in a conversation with another individual might violate the law if a third party joins the conversation. As long as the person doing the recording is part of the conversation, it is permitted in those states and under federal law requiring only one-party consent. Problems arise when the party recording the conversation leaves, but the recording device continues to operate. Under those circumstances, the departure of the person with knowledge of the recording could make continued taping illegal. <b>Multiple-Party Consent Rules</b> States that do not follow the one-party consent rule have enacted laws making it unlawful to make a recording unless all parties to the conversation consent to it. If a new individual joins a conversation that is already in progress, that person must be informed of the taping and must consent. <b>Effect of Court Decisions</b> Care must be taken in states where the law requires the consent of only one party to a conversation for it to be legal. Courts have interpreted the laws in some one-party consent states to require the consent of all parties to a conversation. An example of this is the state of Nevada.

Getting A Refund On A Western Union Money Order

Western Union is a convenient way for people to instantly send money to other people, no matter their locations. However, situations might arise in which the money gets lost, stolen or the senders might simply change their minds about sending the orders and want to retract them. Getting a refund for a Western Union money order is possible with the appropriate documentation and by going through the proper channels. People can fill out a Trace/Refund request form to track down where their sent money is and request a refund of it. In order to get a refund, though, people generally must go to the original Western Union locations where they purchased their money orders and have their receipts in hand proving their purchases of them. It is also a good idea for them to know the serial numbers of the money order as well as the amounts that they sent because as long as they know this information, they can still fill out refund request forms even if they don’t have their receipts. If people don’t have their proof of purchase receipts and merely fill out refund request forms with the serial numbers and amounts of the money orders, then they must call Western Union’s customer service number and speak with a representative to obtain a Western Union affidavit that verifies their identities. Such affidavits serve as substitutes for proofs of receipts. When individuals have the affidavits sent to them, then they fill them out and have them notarized to make them valid. How Do I Transfer Money from India to China? Processing fees are required to: The amount of the processing fee depends upon the amount that the money order was for. People who act promptly and file for tracking and refunds of their money orders before the orders are cashed can expect to receive their refunds more quickly. Usually, if the money orders haven’t been cashed yet, then they can expect to receive their refunds within 30 days or less. However, if the money orders have already been cashed, then Western Union might require an investigation to be conducted into the money orders. They might also require bonds of surety to issue refunds too pending the results of the investigations, though. Receiving refunds for Western Union money orders is possible, although it might take a bit of time. Still, when people send large amounts of money and need it back, it might be worth the wait and hassle for them to get their money back.

Who Is Responsible For Paying Medical Bills After Death?

The health care, medical and hospital bills for many Americans can accumulate very rapidly. When someone dies, the heirs might wonder if the medical bills die with him. Who is responsible for paying medical bills after death? When the Deceased has a will, the property will be distributed into the legal entity called the “estate.” This creates a solid asset base, which can be decreased or increased based on claims against it. The executor or personal representative of the estate will be responsible for adding up the value of all the personal property in the estate. Using accounting terms, these will be totaled as the Credits. Next, the personal representative of the estate will tally up all the Debits. This could include: The executor will compare the Credits and Debits to determine if there are enough assets in the estate to pay all the bills. If there are enough assets to pay all the bills, then the estate is considered to be Solvent. The assets will be used to pay off the debt. Anything leftover will be given to the beneficiaries. An Insolvent Estate involves a situation when the Debits are higher than the Credits. The executor of the estate must follow applicable federal or state law to prioritize bills for the distribution of assets. Usually, debts owed to the government will be paid first. The executor can make full, partial, or no payment to the different creditors making claims. In the end, beneficiaries are unlikely to inherit anything from the Insolvent Estate. They also will not be held responsible for any of the medical bills. How Many Americans Go Bankrupt Due to Medical Purposes Each Year? The important factor to note when there are medical bills and no will is that those who “make claims on the estate assets also have responsibility for paying off the debts of said assets.” The “heirs at law” or “beneficiaries” will inherit both credits and debts when there is no will. Most medical debt will be subtracted from the total value of the personal property of the deceased. Thus, because there is no credit to inherit with a medical bill, the beneficiaries will not inherit the debt.

How to Press Charges After an Assault

Are you the victim of an assault? Maybe you know someone who is, or you’ve witnessed one take place. Either way, an assault is a serious offense in the eyes of the law, and pressing charges against an individual or group of people is an effective way to begin the process of finding justice, closure, and peace. Whether you’ve seen an assault happen or experienced it firsthand, it is extremely important to know what your options are. Here’s a look at how to press charges after an assault: Whether you are the victim of an assault, or you’ve found yourself being the aggressor (or assailant) in a physical altercation, knowing the terms and consequences is important so you can properly protect yourself. Let’s dive into the types of assault charges you can file. When it comes to pressing charges, many people will use the term assault to describe what happens when an aggressor harms a victim. However, there are many different terms that are used when describing these crimes. A lot of times you will hear the terms “assault” and “battery” used interchangeably. And while they naturally overlap, there is a difference between the two when it comes to specific charges that can be filed against a person. By definition, an assault occurs when one person commits actions that put another person in a situation where he or she can reasonably fear that he or she will be physically harmed. Battery, on the other hand, is when the aggressor physically harms someone. Both assault and battery can be classified as civil or criminal. This is an attempted battery or threat. The aggressor must have the intention of hurting the victim, regardless of whether they do or not. To be considered simple assault, it must be reasonable for the victim to believe that the aggressor was going to harm them. There also must be some sort of harm involved, whether it is physical harm or the fear of physical harm. The consequence of a simple assault usually results in a misdemeanor. Aggravated assault, on the other hand, is more involved than simple assault. These crimes typically involve the use of a weapon and result in serious injury to the victim. When being tried in court, the crime is normally classified as a felony depending on the harm. Battery is when an aggressor follows through with physically harming someone. Both assault and battery are criminal acts and are punishable by court. The most common punishments for assault and battery are jail time and fines. Keep in mind, some jurisdictions join the terms assault and battery to describe cases that involve elements of both crimes. When you have made the decision to file charges after an assault, you need to visit your local police department. For whatever reason, if you are not physically able to visit the police station, you may call them over the phone. All you have to do to kickstart the process is express that you want to press charges. From there, the authorities will request follow-up information from you in order to accurately fill out the assault report. Generally, this information includes: In many assault situations, the victim does not know their assailant; in this case, the authorities will simply ask for descriptions of them. Throughout this initial process, the person filing charges may need to release any information about potential witnesses, as well as details in writing. And while your memory of the incident is pivotal, don’t let a lack of memory deter you from turning someone in for the crime. After filing the charges, remember to keep a record of the assault report, as well as maintain the integrity of any evidence you have in your possession that could help the authorities. If you are looking to press charges for an assault, or if you already have pressed charges, it is advisable to find legal representation. Victims who have been harmed by an aggressor in an assault should hire a personal injury lawyer. The attorney will be able to help you pursue a lawsuit against the aggressor for the physical and mental damages they have caused. If you are the one being accused of assault or battery, look for a criminal defense lawyer to represent you. However, if the victim is suing you for their injuries, hiring a personal injury defense lawyer will be your best bet. After police officers obtain the details that they need from the victims, they will then issue the victim’s copies of the reports that they filed. After that, the complaints will be taken to the prosecutor’s office where the prosecutor will look over the report to determine whether or not he or she believes there is enough information contained within the report to prosecute the assailant. If the prosecution believes that there is enough evidence to prosecute, then an arrest warrant will be issued for the assailant’s arrest from the judge. Additionally, police officers will investigate the crime further to obtain any additional evidence. If the aggressor is prosecuted for the crime, the victim may be able to receive some financial compensation from the government, as well. This is known as the Crime Victim Compensation, which is intended to help with expenses accrued from medical bills, therapy, lost income, and funerals. When an assault happens, some people are afraid to file charges on their assailants for fear of retribution. However, when filing assault charges, people may also seek to obtain orders of protection from the court as well, which are, essentially, restraining orders that if violated will result in the arrest of the assailant. Such orders require that the assailant not come within so many feet of the victim or any location where the victim is believed to be. Pressing assault charges might sometimes be necessary for some people to put incidents behind them and receive a sense of closure. However, they should ensure that they follow the appropriate procedures to do so to ensure their safety and the successful convictions of their assailants. The amount of time you have to press charges for an assault depends on your state’s statute of limitations, which typically ranges from a couple of years to six years. However, it is always advisable to report the crime regardless of how long it has been. The sooner you press charges for the assault, the better the investigation will be. Keep in mind, in instances where people are assaulted but police officers were not called on the scene or did not arrive on the scene in time, people can still press charges against their assailants by following the appropriate channels. To learn more, here’s a look at how long do you have to file a police report. There are many variables at play when it comes to the criminal justice system. If you or someone you care about needs legal assistance concerning an assault, get a free case review from a local attorney.

How To Sign Over A Car Title To Someone

The title to a car is perhaps the most important document associated with it because it denotes the right of ownership to it. When people sell their cars, simply receiving money for the car and handing over the keys to it does not completely turn over ownership of the vehicle. Another very important step must be completed, and that is the step of signing over the title of the car to the purchaser of it. Although the specific process for signing over a car title to someone varies from state to state, the basic procedure is relatively the same in each state. The owner of the vehicle must locate the current title of it. Without a valid title of a car, the car cannot legally be sold. Car owners who have lost their titles or their titles became damaged can apply for lost titles for a fee from the Department of Motor Vehicles where the original car title was issued to them.   The sale details for the sale that was made must be documented. Some states have provided blanks on the titles themselves to accommodate for sales that transfer ownership, whereas other states might require that buyers and sellers present a bill of sale and a signed document containing information about the car sold and the transaction. Bills of sale can usually be obtained at DMV offices, generic ones can be found online or people can simply draw up their own. Some of the information that must be contained in such documents includes: If the car was given as a gift, then the price of the car would simply be denoted as $0. The last step to signing over the title requires that the current owner(s) of the car and the future owner(s) of the car all sign the document transferring the title. Some states may require that the document be signed in front of a notary. Once the title has been signed by all parties involved and notarized (if applicable), then ownership of the car has been properly transferred. Signing over a car title to someone is relatively simple. However, before doing so, people should ensure that they have received payment for the vehicles because once the title is signed over, then the other party owns the vehicle. To learn more about car titles, check out How to apply for a lost car title.

How To Petition The Court

Petitioning the court is the act of asking the court to hear a case. Any case that is heard before a court, no matter whether it is a divorce case or a child custody one, must first go through a petition. Petitioning the court consists of filing the appropriate forms to request permission from the court to have a certain matter heard. Although the general process of petitioning the court is a relatively simple one, it can seem overwhelming to people who’ve never done it before and don’t know all the requirements governing the court system. <h1>Obtain the Appropriate Forms</h1> Petitioners should determine the types of forms that are needed to file the types of petitions that they want to file. For instance, people wanting to file bankruptcy must obtain bankruptcy forms, people wanting to file for legal guardianship of a minor need guardianship forms and so on. Many forms can be obtained online, but they can also be obtained by visiting county courthouses and speaking with the clerk of courts. Clerks might charge people a fee to print such forms for them, though. <h1>File the Forms</h1> After obtaining the appropriate forms, individuals simply fill them out completely and then file them and pay the required filing fee. Many petitions have filing fees, and some fees are more expensive than others. For instance, it might cost more to file a bankruptcy petition than it does to file a guardianship one and so on. People might also have to sign their forms in the presence of a notary as well. Some states require that they do so. Evidence and other types of supporting documents for a case may be submitted with petitions as well. For instance, dates of separation and statements of income might be required for divorce petitions, whereas credit counseling certificates might be required for bankruptcy petitions. When filing the forms, generally three copies must all be made, signed and filed. Each copy will them be stamped with information containing the case number, trial or hearing date for the matter and the court where the case will be heard. Petitioning the court is a relatively simply process that mostly requires time and legwork to ensure that the appropriate forms are filed. People who retain the services of lawyers can expect their lawyers to do all the filing of petitions for them. However, those that want to go it alone can file their own petitions by following the appropriate procedure.

How Do I Know If I Have Outstanding Traffic Tickets?

Having outstanding traffic tickets can lead to serious legal and financial consequences. Some outstanding tickets also lead to individuals having warrants out for their arrest that could lead to increased fines and even a jail sentence. However, individuals might not always know if they have any outstanding traffic tickets. Fortunately, there are ways for people to find out whether or not they have any outstanding traffic tickets so that they can take care of them and get any outstanding balances off their records. Perhaps the easiest way to determine whether individuals have any outstanding traffic tickets is for them to simply call their local Department of Motor Vehicles offices and get one of the clerks there to run their driver’s license numbers for them. Driver’s licenses that have outstanding tickets will usually show up in the DMV’s database since outstanding tickets can affect an individual’s driving privileges. Some state’s DMVs also offer online search tools that allow people to search their driver’s licenses themselves. The returned results will usually contain information on all: All these are associated with the driver’s license numbers that were inputted into the search fields. Alternatively, people can also determine whether they have any outstanding tickets by calling the county clerk’s office of the county in which they think that they might have outstanding tickets. Some county court websites offer online tools that allow users to run their driver’s license numbers to determine whether they have any outstanding tickets in their counties. This is an ideal way for people to check for any outstanding tickets without necessarily drawing the county’s attention to the fact that they have outstanding tickets. How to Defend Yourself in Traffic Court There are also a variety of third-party sites that allow people to find out whether they have any outstanding tickets. These types of sites might be most ideal for people who have had driver’s licenses from more than one state and want to get all the information in one report. Third-party sites can help cut down on the time and expense that it would take them to order a separate driver’s license report from each state that they’ve ever had a driver’s license in. Addressing any outstanding traffic tickets is essential for people who want to clean up their driving records and keep their financial records unaffected as well since traffic tickets can have a negative impact on credit scores. Determining whether or not individuals have any outstanding tickets is relatively simple to do as well.

Looking Up Free Arrest Records

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.

Best Way To Change Your Name On Your Social Security Card and Passport

There are a number of reasons why you may need to change the name on your passport, from simply correcting an error to having your passport reflect major changes in your life. While changing the name on your passport may sound like an arduous task with lots of red tape, the truth it that a passport name change is usually fairly easy and straightforward. Even better, the sooner you act on changing the name on your passport, the quicker the process will often take. While a passport name change is something many people will have to deal with at some point in their lives, most people are largely unaware of how to go about changing the name on their passport. Below is a brief guide to doing just that. If you need to change the name on your passport because of a printing or spelling error then the process is relatively straightforward. Correcting an error, including not just name errors but errors relating to gender or date/place of birth, are free of charge, both for minors and adults. To correct an error you will need to fill out Form DS-5504 and mail it to the U.S. Department of State along with a color photograph and proof that there is an error on your passport. Keep in mind that if you report the error within one year of receiving your passport then your new passport will be valid for 10 years from when the new passport was issued. If, on the other hand, you wait for more than a year then the new, correct passport will have the same expiration date as the old, incorrect passport. People change their names for a variety of reasons, most often because of a marriage or divorce. Some people, meanwhile, may need to obtain a court-ordered name change, whether for personal or security reasons. If you have changed your name then you will need to apply for a new passport, but how you do so will depend on your unique situation. For example, if it has been less than a year since your last passport was issued then you can just use Form DS-5504 as described above. If, however, it has been longer than a year since your last passport was issued then you will need to verify if you are eligible for submitting Form DS-82. You are eligible for this form if you are able to submit your most recent passport, your most recent passport was issued less than 15 years ago, you were over 16 years of age when it was issued, the passport has not been lost, stolen, mutilated, or damaged, and either your current name is the same as on the last passport you held last or you can provide documentation of your name change. You will need to submit originals of your name change documents along with any applicable fees. Both Form DS-5504 and Form DS-82 can be submitted by mail. If you are not eligible for Form DS-82 then you will need to go to an Acceptance Facility or Passport Agency in person and fill out Form DS-11. You will also need to provide originals of your name change documents along with proof of U.S. citizenship, a photocopy and original of a valid I.D., a color passport photo, and any applicable fees. Even if your valid I.D. has been issued in your new name, you will still need to provide documentation of the name change, such as a court order. As the above shows, getting a passport name change is relatively simple. However, you will need to know which form to use for your particular situation in order to complete the passport update faster.

Can You Expunge a Shoplifting Charge From Your Permanent Record?

Shoplifting is a serious matter. If a person is convicted of shoplifting, it is unlikely that he or she can have the charge removed from their permanent record. However, there may be some methods that can help. In all cases, it is important to have legal counsel to help in these endeavors. Likewise, it is important to note that laws vary from state-to-state. The first step is to understand the difference between being arrested for shoplifting and being convicted. A shoplifting charge may or may not appear on a person’s permanent record. If it does, this charge can weight negatively on a person’s credit score or ability to get a loan. It may also appear on a criminal background check, which can negatively affect entry into educational institutions and job offers. Even without a conviction, a petition for expungement requires an attorney and an appearance before a judge. Some states make allowances for misdemeanor convictions that appear on one’s record prior to turning 18. Some states have raised this age as high as 21. However, these laws do not guarantee that the crime will be expunged. They simply make it easier to complete the process. Most states do not have laws in place to protect those who have been convicted of felony shoplifting charges. However, some states will allow these charges to be “set aside,” which generally removes the charge from one’s permanent record. A motion must be filed with the court to remove the charge. The state prosecutor can then choose to object to the motion or pass. States can have different time frames in which the prosecutor can respond, but in most cases this is about three months. If the prosecutor does not respond during this time, it is the judge’s decision. A qualified attorney and a clear record since the conviction can greatly aid in this process. If the charge is a misdemeanor, it is more likely to be set aside. It can take as long as eight weeks to remove a charge from one’s permanent record after the judge has made his or her decision. Individuals should contact the Criminal Records office of the Justice Department in the state(s) that they were convicted. This process varies, but often includes the completion of a request form, a fingerprint scan, and a processing fee. If the charge has not been expunged, it is possible that the individual has not waited long enough for the change to have taken place. Otherwise, individuals can complete a Claim of Inaccuracy that will then be filed along with the criminal record.

Filing A Police Report For Stolen Property

When people’s belongings are stolen, they yearn for a sense of justice and compensation. In many cases, stolen property is never found, and the culprits are never apprehended for their actions. Part of the reason for this may be due, in part, to people not filing police reports about their stolen property or not filing those reports accurately enough to increase their chances of getting their stolen property back. Following a few tips can help increase individuals’ chances of getting their stolen property back and apprehending the thieves. Taking immediate action once the discovery has been made that items have been stolen can make a huge difference in the likelihood that the items and takers of the items will be found. Individuals who have been the subject of theft should call their local police departments as soon as possible and provide them with as many details as possible, such as exactly: Individuals should also obtain the names of the officers that they spoke to for future reference. Individuals may also request for an officer to be sent out to speak with them. Any photographs of the stolen items would prove helpful in assisting police officers with locating them. Provide as much information as possible to the investigating police officers. Additionally, individuals should request their case numbers and refer to them when they are conducting follow-ups concerning their cases with law enforcement agencies. This helps ensure accuracy and save time in future communications with law enforcement agencies. How to Obtain Police Reports Individuals should also obtain a copy of the police report that was filed in connection with their missing items. Then, they can read over the reports for accuracy and ensure that nothing was left out and that no errors were made. These reports are the ones that investigating officers refer to, so it’s important that they are accurate. While it is the duty of law enforcement agencies to look into all reports that they receive, cases such as those concerning stolen property may sometimes get pushed to the side if the filers of the reports don’t follow-up on them and keep them fresh on officers’ minds. Therefore, individuals should conduct periodic follow-ups, asking officers if anything new has been admitted to the property room and whether any new leads have been made into the recovery of their items. Filing a police report for the stolen property is the first step to getting back the stolen property. However, providing law enforcement agencies with as much cooperation and assistance as possible is key in helping them recover individuals’ stolen property.

What Does 414H On My W-2 Forms Mean?

A W-2 statement is confusing for even the most financially savvy individuals. During tax time, employees must pay attention to these financial statements even for those who are hiring tax preparers to handle their end-of-year finances. It is important to understand all components of a W-2 in order to ensure that the forms are correct. Can You File Your Taxes Online Using Your Last Pay Stub from December? Not everyone will see a 414(h) code on their W-2 forms. This code is specifically for government employees who are part of tax-deferred retirement plans. Employees of educational institutions might see 403(b), whereas employees of private institutions might find the more familiar 401(k). Box 14 of the W-2 statement likely has a dollar amount listed with the 414(h). This is the number of funds that were contributed to the retirement plan. The 414(h) funds are not taxable. This means that they are removed from the paycheck and placed in the special retirement savings account prior to taxes being assessed. There are multiple reasons to take advantage of a tax-deferred savings account. The first, and likely most important, is that it allows one to save for a future date when he or she chooses to stop or is unable to continue employment. The sooner a person begins to contribute to a 414(h), the more money they will have upon retirement. Another reason to contribute to a 414(h) is to reduce taxable income. This saves on payroll taxes as well as year-end taxes at the federal level. A tax-deferred plan is one that is not taxed at the time the money is put into savings. However, when the money is removed, it will be considered taxable income. That means that anyone who uses their 414(h) will need to factor in the amount that is used for taxes along with their living expenses. Tax-free accounts are those that are never taxed. These are rare in the United States. When money is withdrawn from a 414(h) plan, it is considered taxable income. Those individuals who are considering an early withdrawal will face an additional penalty tax of 10 percent.

Definitions Of Probable Cause Vs. Reasonable Suspicion

Probable cause and reasonable suspicion are two of the most important concepts in deciding when it is appropriate for police to make an arrest, search for evidence, and stop a person for questioning. Probable cause and reasonable suspicion have evolved through state and federal court decisions, but they began in the U.S. Supreme Court. The Fourth Amendment to the United States Constitution states that people have the right to be free from unreasonable searches and seizures. It goes on to specify that a search warrant cannot be issued unless there is probable cause for doing so. The Constitution does not offer a definition of probable cause. Providing a definition was left to the justices of the Supreme Court. The Supreme Court has interpreted the Fourth Amendment use of the word “seizure” to mean both the seizure of evidence and, as in an arrest, the seizure of a person. The Court also applied probable cause to: According to the Supreme Court, probable cause to make an arrest exists when an officer has knowledge of such facts as would lead a reasonable person to believe that a particular individual is committing, has committed, or is about to commit a criminal act. The officer must be able to articulate the facts and circumstances forming the basis for probable cause. Probable cause to search for evidence or to seize evidence requires that an officer is possessed of sufficient facts and circumstances as would lead a reasonable person to believe that evidence or contraband relating to criminal activity will be found in the location to be searched. As with an arrest, if an officer cannot articulate the facts forming the basis for probable cause, the search and seizure will not hold up in court. Probable Cause Arrests vs. Arrest Warrants Reasonable suspicion is a standard established by the Supreme Court in a 1968 case in which it ruled that police officer should be allowed to stop and briefly detain a person if, based upon the officer’s training and experience, there is reason to believe that the individual is engaging in criminal activity. The officer is given the opportunity to freeze the action by stepping in to investigate. Unlike probable cause that uses a reasonable person standard, reasonable suspicion is based upon the standard of a reasonable police officer.

How Do I Get A Copy Of A Police Report?

Police investigations may seem secretive, but did you know you can get your hands on a copy of an official police report? Whether you’ve been in a car accident, you’ve witnessed a crime, or you simply want to know about an incident that happened in your jurisdiction, there are steps you can take to request access to police reports. The exact process may vary by jurisdiction, but it is generally the same across the country. Agencies have different policies for releasing sensitive information that is in police reports, so be sure to check with your local police department to confirm how they handle requests. As you are researching, you may find the request titled a “Freedom of Information Request” or a “Public Access Request.” Different areas use varying language, but they both mean the same thing and are referring to the Freedom of Information Act (FOIA), which makes it entirely legal for citizens to request certain government information. Reports will include details of the incident, where it took place, who was involved, witnesses, and much more; essentially, it is anything that is even remotely relevant to the case. But keep in mind, you will not be able to receive a copy of a police report until after the police investigation has been closed. So, how do you get a copy of this information? Check out the steps below. Requesting a police report is simple. You can do this one of two ways: either in person or by mail. Many jurisdictions have certain policies outlining how Public Access Requests must be made, so don’t jump the gun before you know if they require you to send in a request or visit the agency in person. To find out how they handle requests, simply search the name of your local police department, followed by “Public Access Request.” The link for the Records division should be in one of your top search results, which is where you will find out if your jurisdiction takes requests by mail, in person, or both. Record the address of the agency so you know where to go, or where to send it in the mail. Bring with you a form of identification like a driver’s license or passport. If you are making the request on behalf of someone else, you will need to have a notarized letter with you. Most agencies require a small request fee. If you were directly involved in the incident – whether as a victim, witness, or defendant – you may receive a verification slip from the authorities to let you know that a police report has been filed. Bring this slip with you to exchange for the police report. The Records and Identification Division may have exclusive hours throughout the day that are not your typical business hours, so be sure to verify online. They will ask you for your information, as well as basic information about the case. Then, they will take your payment to cover the request fee. In some areas, you may have to pick up a copy of the police report in person, but some agencies may mail it directly to you. Either way, expect to pay a per-page fee for the copy of the report. Reports typically cost a total of $50 to $150. The process of requesting a copy of a police report by mail is a bit more involved. In many jurisdictions, you are required to make your Public Access Request via mail. Typically, the agency will provide a form online for you to fill out, but some places are fine with you writing a letter to ask for the police report. Your local police department may have a specific address and addressee for police report requests listed on their website. If they don’t, simply address it to the Records and Identification Division, and use the general address listed online for the department. After you have found the location to send your request, you should be able to easily find out if they want you to send a request form or a letter. If the information is not readily available on the site, just call and ask which method they prefer. If it is available, filling out a request form is typically the easiest method because you won’t have to worry about leaving out information. If you write a letter instead of filling out the form, be sure to include the following information: If you are hoping to receive access to other official police documents, you may ask for them at this time. (Sometimes lawyers or insurance providers need additional information for a case, like photos, hospital records, interviews, officer notes, etc.) Keep in mind, if the information you are asking for is personal or sensitive information about another person involved in the case, the authorities may have to obtain their permission to give you those documents. In some cases, their policies won’t allow it. Just like an in-person request, you will need to include a photo-copy of your identification and a check or money order to cover the request fee. Depending on the agency’s instructions and policies, you can either mail or fax the request. Once your request has been accepted, you should hear from the police department about how much you owe for the copy. Ask the department who to make a check out to and where to send it. Since you will pay per page, it is worth asking for an electronic copy of the report. Victims of crimes have the right to police reports concerning their incidents, and they can usually obtain them directly from the department with which the police reports were filed. Usually, the victims are presented with copies of police reports immediately after they file them. However, if they need additional copies or end up losing their original copies, they can usually obtain additional ones by simply contacting the agencies that first issued the reports to them. Defendants also have rights to police reports that were filed against them since they have a right to know what they are accused of. Usually, defendants can obtain copies of police reports pertaining to them from the District Attorney’s offices that are prosecuting their cases. If the defendants have lawyers representing them, usually their lawyers will obtain copies of their clients’ police reports for them. When defendants make requests for copies of police reports, the D.A. usually has a fixed amount of time that it has before it has to turn over copies of the reports to the defendants. This is because defendants usually need their police reports in preparation for their defense. Sometimes third parties who were not involved in the actions mentioned in police reports might want copies of them. In these instances, most states will only allow third parties to obtain copies of police reports if the matters enclosed within the reports have already been closed. However, some states may allow third parties to obtain copies of police reports even when the cases are pending. Generally, third parties must know the case number of the reports that they want and must go to the county clerk’s office where the police report was filed to obtain a copy of the reports. There is usually a fee for the reports to be printed as well. The process of obtaining copies of police reports is slightly different for different groups of people. However, they typically are not difficult to obtain, no matter who wants them. It typically only takes a few days to a week to get a copy of a police report if you were directly involved in the case. However, if you were not directly involved, or if you are an insurance agent, it will take longer because you have to send in a request and have it processed. This process can take up to a month or longer. The most common reason why people cannot get a copy of a police report is because of an ongoing investigation. Once the case is closed, you should be able to obtain a copy. If you believe you have been unfairly denied access to a police report, you may wish to have a lawyer speak to the authorities on your behalf. Juvenile records may sometimes be sealed or withheld to protect the privacy of the victim. Generally, though, the process to obtain a police report is relatively simple, depending upon who is trying to obtain the report. After you have been in a car accident, one of the first questions your insurance provider will ask you is “do you have a copy of the police report?” Obtaining accident reports is a similar process to the one above, but it is generally a bit easier because in most cases, there is no criminal investigation. If you are in a car accident, you will receive a slip with an incident number on it. To obtain your police report, simply visit the police department that the report was filed from and trade the sheet for the actual report. If you do not obtain your police report, your insurance company will have to request a copy via mail, and it will take a bit longer. There are also resources online that house accident reports, like LexisNexis and Buycrash. However, the safest and quickest option to is visit your local Police Desk as soon as possible after the accident. Accident reports can be ready to pick-up as early as 24 hours after the accident, and up to a week. Another way to get a copy of a police report is through your local Department of Motor Vehicles.   Now that you know about how to get a copy of a police report, check out How To File a Police Report.

¿Caducará mi orden de arresto?

Suponiendo que , como en la mayoría de los casos en los que la gente pregunta, la infracción no era un delito grave , la respuesta muy corta es: Una orden de arresto no estará fácilmente disponible en unos pocos años , pero siempre permanecerá en su expediente. Por un delito menor , un sinnúmero de fuentes y cuentas individuales en la red  muestran  cómo , ya sea usted personalmente , u otra  otra persona, tienen una orden de arresto sin resolver, pero no sale a la luz a menos que alguien esté haciendo una búsqueda profunda. Acceder a información en estos sitios , que se basan en una supuesta búsqueda a nivel nacional le costará dinero.Usted puede decidir si vale la pena. Sin embargo, en muchos casos , incluso la policía y los tribunales no investigan muy profundamente a menos de que realmente estén buscando  a una persona. La renovación de las licencias , algunas violacioness de tráfico, pequeñas infracciones, y otras cosas similares no revelan  ninguna notificación inmediata de que haya una orden de detención pendiente. Pero por otro lado , muchas  personas relatan cómo fueron arrestadas y retenidas bajo  una orden de detención pendiente. Algunas situaciones se debieron a órdenes  de captura viejas de cuando una persona era un adolescente o un adulto joven y que habían sido olvidadas con el tiempo. Otras situaciones se relacionan con una antigua orden que causa un problema, a pesar de que el caso o situación hayan sido resueltos , la orden no fue invalidada, descargada , o cerrada  (cualquiera que sea la terminología usada en la  jurisdicción) . Los casos más temibles son aquellos en los que una persona es detenida por una orden de arresto, a nombre de una persona que tiene su mismo nombre y apellido y que vive en el mismo Estado en el que se emitió la orden de arresto. En estos casos , algunas personas han perdido meses de su vida tratando de limpiar su nombre . Hay algunas historias de horror. Por un delito grave, la situación es más dramática. En este artículo no se trata ese tema.   Así, estipulando que una orden abierta nunca deja los libros si no ha sido resuelta, y que nos referimos a  un delito menor , ¿qué se debería hacer al respecto?  Es lamentable, como señalan varios escritores, que tanta gente recomienda ignorarlo.Sin tener ningún respeto por las leyes de nuestro país, recomiendan que en esencia usted le dé la espalda a la corte, y siga su camino feliz . En este aspecto, de nuevo, mucha  gente da  consejos . Sorprendentemente, incluso los abogados dan consejos . La mayoría de la gente recomienda tratar de solucionar el caso  aunque sea fuera del estado. La orden de arresto puede aparecer en  un momento que va a ser embarazoso para usted  o cuando alguien está haciendo algún tipo de verificación de sus antecedentes. Si se trata de una orden de  fuera del estado, usted  incluso podría ser extraditado. Todas estas son buenas razones para resolver la situación. Ser proactivo hablara bien de usted  ante un juez. Como siempre, es importante contratar a un abogado para que lo asesore. Pida a sus buenos amigos y compañeros de trabajo que  escriban  cartas claras sobre su carácter. Escriba su propia carta indicando las circunstancias del caso, la orden de arresto,  justificando su cambio de vida, cómo ya no se comporta de la  manera que dio lugar a la infracción. Busque la manera de ir a la Corte al otro estado. Dependiendo del tipo de infracción que generó la orden,   es probable que no valga la pena el tiempo de la corte,el costo de perseguir la extradición, o incluso una citación para que se presente ante la corte. Póngase en contacto con el procurador del distrito  o con la oficina del fiscal en ese estado. Pregunte qué se podría hacer para resolver la situación. Trabaje con ellos . Reconozca  la orden de detención y las circunstancias. Suponiendo que , como en la mayoría de los casos en los que la gente pregunta, la infracción no era un delito grave , la respuesta muy corta es: Una orden de arresto no estará fácilmente disponible en unos pocos años , pero siempre permanecerá en su expediente. Por un delito menor , un sinnúmero de fuentes y cuentas individuales en la red  muestran  cómo , ya sea usted personalmente , u otra  otra persona, tienen una orden de arresto sin resolver, pero no sale a la luz a menos que alguien esté haciendo una búsqueda profunda. Acceder a información en estos sitios , que se basan en una supuesta búsqueda a nivel nacional le costará dinero.Usted puede decidir si vale la pena. Sin embargo, en muchos casos , incluso la policía y los tribunales no investigan muy profundamente a menos de que realmente estén buscando  a una persona. La renovación de las licencias , algunas violacioness de tráfico, pequeñas infracciones, y otras cosas similares no revelan  ninguna notificación inmediata de que haya una orden de detención pendiente. Pero por otro lado , muchas  personas relatan cómo fueron arrestadas y retenidas bajo  una orden de detención pendiente. Algunas situaciones se debieron a órdenes  de captura viejas de cuando una persona era un adolescente o un adulto joven y que habían sido olvidadas con el tiempo. Otras situaciones se relacionan con una antigua orden que causa un problema, a pesar de que el caso o situación hayan sido resueltos , la orden no fue invalidada, descargada , o cerrada  (cualquiera que sea la terminología usada en la  jurisdicción) . Los casos más temibles son aquellos en los que una persona es detenida por una orden de arresto, a nombre de una persona que tiene su mismo nombre y apellido y que vive en el mismo Estado en el que se emitió la orden de arresto. En estos casos , algunas personas han perdido meses de su vida tratando de limpiar su nombre . Hay algunas historias de horror. Por un delito grave, la situación es más dramática. En este artículo no se trata ese tema.   Así, estipulando que una orden abierta nunca deja los libros si no ha sido resuelta, y que nos referimos a  un delito menor , ¿qué se debería hacer al respecto?  Es lamentable, como señalan varios escritores, que tanta gente recomienda ignorarlo.Sin tener ningún respeto por las leyes de nuestro país, recomiendan que en esencia usted le dé la espalda a la corte, y siga su camino feliz . En este aspecto, de nuevo, mucha  gente da  consejos . Sorprendentemente, incluso los abogados dan consejos . La mayoría de la gente recomienda tratar de solucionar el caso  aunque sea fuera del estado. La orden de arresto puede aparecer en  un momento que va a ser embarazoso para usted  o cuando alguien está haciendo algún tipo de verificación de sus antecedentes. Si se trata de una orden de  fuera del estado, usted  incluso podría ser extraditado. Todas estas son buenas razones para resolver la situación. Ser proactivo hablara bien de usted  ante un juez. Como siempre, es importante contratar a un abogado para que lo asesore. Pida a sus buenos amigos y compañeros de trabajo que  escriban  cartas claras sobre su carácter. Escriba su propia carta indicando las circunstancias del caso, la orden de arresto,  justificando su cambio de vida, cómo ya no se comporta de la  manera que dio lugar a la infracción. Busque la manera de ir a la Corte al otro estado. Dependiendo del tipo de infracción que generó la orden,   es probable que no valga la pena el tiempo de la corte,el costo de perseguir la extradición, o incluso una citación para que se presente ante la corte. Póngase en contacto con el procurador del distrito  o con la oficina del fiscal en ese estado. Pregunte qué se podría hacer para resolver la situación. Trabaje con ellos . Reconozca  la orden de detención y las circunstancias.

How To File A Noise Complaint

Filing a noise complaint is inconvenient (as is the noise), but it may be necessary. If you are being disturbed by a noisy neighbor and have tried to rectify matters yourself, it may be time to reach out to the authorities. A safe bet is to file a noise complaint with the police or your landlord. Chances are if someone is disturbing you, they are disturbing a fellow neighbor wanting peace and quiet as well. Here’s a look at how to file a noise complaint, as well as what the laws are for noise ordinances. Filing a noise complaint is quite simple and can be done at any time of day or night. First off, make sure you understand the difference between: If you are near a military base, excessive noise can be harmful to citizen’s welfare. You will need to contact government officials for that. But if it is of a civilian nature, it may be coming from music in an apartment, a burglar alarm, barking dogs, or construction. Next, decide if you are going to approach the scene before calling in a complaint. If it is a neighbor creating the ruckus, it may be a better idea to politely ask them to keep it down before involving the authorities. In many cases, your neighbor might not even know their noise is being a disturbance. However, if you believe that the noise is coming from a dangerous situation, do not put yourself at risk by approaching the property. Before you call in a noise complaint to the police, you may be wondering what the laws are for excessive or disturbing noises. Every jurisdiction has different regulations and laws in regards to noise, called Noise Ordinance laws. These laws typically outline the time of day and night when excessive noise is prohibited (i.e. 11 p.m. to 6 a.m.). To find out what the Noise Ordinance laws are in your town, simply do a google search for your county. If you are concerned about disruptive noise in your area, you can make a noise complaint with the police. You may call 911 if you believe it is an emergency but only do so if it appears there is criminal activity going on on the property. Otherwise, you can call the non-emergency line to file your complaint. You can find the phone number for this hotline by searching your county, followed by a “non-emergency phone number.” If you contact the police, they will come out and inspect the noise themselves. Hopefully, the police will arrive before the noise stops. Then, they will talk to the person and ask them to turn it down if it is in fact too loud. Noise complaints usually result in a friendly warning at first. Remember, just because the situation is not rectified immediately, does not mean the police have ignored it. Issues like this take time. Consider it a record building case. After so many attempts, your city will get tired, as well, and it will become a city case rather than a neighborhood being affected. If you are in an apartment building and the disturbance is coming from there, it is time to look over your lease. Your lease will specify the noise ordinance. Most leases may put an end to high noise levels after 10 p.m. or midnight. If there is no clause, you can still report the complaint to your landlord. It can be a bit easier to reconcile a noise issue in an apartment because you have your landlord to help. Plus, you have many neighbors in close proximity who are likely just as frustrated as you are about the disturbance. If your neighbor is breaking the lease agreement, contact your landlord. If it extremely late or a disturbance outside of your building, contact 311, which is the non-emergency number in most cities to reach the local police. You can file a complaint anonymously. If the noise persists, your landlord can issue a fine based on the lease agreement and after too many write-up, this person can be evicted during a court procedure. If it is a violation of the noise ordinance of your city, the police can issue a ticket. If you are wondering how to file a noise complaint anonymously, you are in luck. When you call the police, they do not require you to leave your name over the phone. Most jurisdictions will simply ask you if you would like to leave a name and phone number, but you can respectively decline. Keep in mind, however, that there are positives to giving your name to the police when you make the complaint. If there is criminal activity going on when the authorities go to check out the premises, you may be able to serve as a witness or give the police more information to help with their investigation. If you simply do not want to be linked to a minor noise complaint about music that was too loud, you can certainly do so anonymously. It’s 2019, can’t you make a noise complaint online? Unfortunately, filing a noise complaint to the police must be done over the phone. However, if you are making a noise complaint in an apartment complex, your landlord may have a process where you can submit a complaint online or via email.

What Is A Form I-797C Notice Of Action?

A Form I-797C is sent by the United States Customs and Immigration Services to inform people in the process of immigrating to the United States of any actions that they may need to take or actions that have been taken. It is a standard boilerplate form that could mean many different things depending on what it says. Some of the common purposes for a Form I-797C include notices of: By far the most common use of Form I-797C is simply to acknowledge that the USCIS has received an application or other necessary immigration form. It should be filed with other immigration documents. The form will also provide helpful information on the next steps you need to take in your process and journey toward citizenship such as other forms to file appointments you need to make or deadlines to which you need to adhere. This immigration form also serves as a receipt for any filing fees you may have paid the USCIS in case you need to prove payment in the event of an audit. If your immigration status has changed or if there were issues you forgot to address, you may receive a Form I-797C in the mail informing you of what you need to do as a result of the issue that arose. You may also receive a Form I-797C if you are vouching for an immigrant as their family or work sponsor and you need to take an action on behalf of the employee or family member immigrating to the United States. Finally, this form may be used to inform individuals that their application for the next step in the process has been rejected. This rejection may be the result of failure to meet requirements such as having a past criminal record, or it may simply be due to failing to send appropriate documentation or fees for your immigration process. It is not necessarily a final notice, but it is definitely caused for concern. Even if it is a rejection notice, the I-797C will likely provide a phone number or other contact information to contest the ruling or provide the necessary payment or documents. It is recommended that you find a lawyer or legal professional to help you if this is the case.

How To Report Food Stamp Fraud

Membership in federal SNAP (Supplemental Nutrition Assistance Program) benefits, also known as food stamps, has gone up in the years since the 2007 recession and rise in unemployment rates. SNAP benefits are designed to be used only for groceries, which is why they don’t consist of cash but instead are card-based. Food stamp fraud occurs when individuals sell their SNAP money to stores in exchange for cash. They make a fraudulent purchase but receive cash instead of the intended product. The cash is often given at a reduced rate, but people in need of free cash are willing to accept this. If you believe that a store near your house is guilty of conducting illegal food stamp fraud, it is your responsibility to report it to the appropriate authorities. This form of fraud bankrupts the federal and state coffers for purposes not related to helping families survive. All food stamp fraud may be reported to the United States Department of Agriculture, which oversees all food stamp disbursement. Reports may be sent to the USDA’s Food and Nutrition Service, which will then notify the appropriate state agency to begin conducting the investigation on the guilty party. While the federal government will often respond to allegations of large-scale fraud perpetrated by stores, you may need to contact state agencies directly if you are reporting on individuals guilty of fraud rather than companies. Individual food stamp fraud varies from the sorts of purchases described above to people continuing to use their food stamps even after they’ve gotten a new job and are no longer eligible for benefits. If you know someone who you believe is lying about their income or assets yet still takes use of SNAP benefits or similar food stamp benefits in your state, contact the Department of Human Services or other agency in your state tasked with the responsibility for giving food benefits. Different states have different processes for reporting food stamp fraud. In any case, it is highly discouraged to report food stamp fraud unless you are very certain that it is happening. You may be penalized yourself if you create more work than is necessary for state agencies if it turns out that you didn’t have any legitimate reason to suspect someone for committing fraud. Be smart when it comes to reporting food stamp fraud.

How to Apply for a Governor’s Pardon

A governor’s pardon is tantamount to having the top executive of your state forgiving you for a crime to which you either plead guilty or of which you were convicted. Unlike a records expungement, your criminal record will be neither sealed nor erased. Nevertheless, there are plenty of advantages that a governor’s pardon does offer. The application process varies by state.

What Is a No Contact Order?

A no contact order can be issued for one of many reasons, from minor altercations between couples to serious, criminal charges of stalking and sexual harassment. Other circumstances in which no contact orders may be filed include high-intensity divorces and separations or neighborly disputes. So, what is a no contact order, exactly? Below, we’ll answer all of your questions about what a no contact order is, how it is implemented, and what the consequences of violating one may be. Many people use the terms “no contact order” and “restraining order” interchangeably, but they are actually a bit different. A no contact order prohibits a person from being in physical or verbal contact with another person, whether that is face-to-face or over the phone/internet. This type of order is filed when an action has already taken place. For instance, if there is a domestic abuse charge, a no contact order would prohibit the abuser from coming into contact with the victim. The rules of a restraining order also prohibit two people from coming into contact, but there is one main legal difference. With a restraining order, a dispute or crime does not have to take place first — it can simply be used as a preventative and protective action. After a no contact order is filed, the court will specify the details, like how many feet or yards away the individuals must stay from one another. The defendant cannot see the petitioner at work, school, and home and must cease all communication with the victim. The order will usually specify a certain period of time that the order is in place. At the end of the period, the petitioner may ask the courts to extend the order. The judge can also lift the order if they feel the petitioner is no longer in danger. If broken, the defendant may receive a fine, or jail time with a felony or misdemeanor charge (more on that in a minute). There are two kinds of no contact orders that can be filed, a civil no contact order and a domestic violence no contact order. A civil no contact order is agreed upon when the two individuals in the situation aren’t family members or romantically involved. Typically, the offender is an acquaintance or complete stranger (i.e. a stalker or abuser). If the victim is in immediate danger, a temporary no contact order can be filed to speed up the process of making the agreement official. However, to implement a permanent no contact order, there must be a court hearing first. In the case of a domestic violence no contact order, the victim and the defendant must either be: Many states have specific laws for domestic violence no contact orders. If children are involved, the judge may grant a temporary custody order to a certain parent or relative, as long as the defendant is removed from the home. A hearing can decide if a permanent no contact order must be placed. A no contact order is requested when a petitioner feels that are in danger. Usually, the petitioner has been a victim of physical, verbal, or emotional abuse. Besides victims of abuse, stalking victims are able to petition courts for no contact orders. The stalking must have consisted of unwanted correspondence (letters, emails, phone calls, etc.), repeatedly over a period of time. To get a no contact order, a person must file a claim with their local court — and often, they will have to go before a judge. When filing a complaint, the petitioner must file in their own jurisdiction or the jurisdiction of the assailant. Most states have no contact order forms that are filled out pretrial or post conviction. This form will specify the details of the no contact order, whether that is to stay away from the protected person(s)’s home, business, school, or place of employment. It will also specify that the defendant may not contact the protected person, directly or indirectly. In some cases, the no contact order form will require the defendant to give up any firearms they have in their possession until the order is lifted. The person who is requesting the no contact order may have to petition the court for an emergency hearing. At the hearing, the courts will hear the reasons behind the petitioner’s request, and the court usually grants a temporary no contact order. The temporary order is not in effect until the order is served to the other party. The full hearing usually occurs within 30 days of the emergency hearing, which is when it is decided if the order stays in place and for how long. If you need a no contact order, the first step is to consult with an attorney. An attorney who practices family law will generally have experience requesting no contact orders. A no contact order can be dropped if the protected person is no longer in danger. To get a no contacted or lifted, the protected person will need to reach out to the county clerk in the jurisdiction the complaint was filed. The details of terminating a no contact order can vary by jurisdiction. You can also go to your local court’s website to see if they have any online resources to walk you through the process. Regardless of what your jurisdiction requires to get a no contact order lifted, it is always a good idea to work with an attorney — whether you are the victim or the defendant. Emotions tend to run high in no contact order cases, so an attorney can help keep things civil and prevent further damages. In most states, you will need to fill out a form to get a no contact order lifted, specifying which parts of the order you want terminated and why. Once you sign the form and turn it in to the county clerk, a judge will review your request, and either approve or deny it based on what they think is best for the victim. Keep in mind, there is usually a filing fee you must pay when turning in the form. A violation of a no contact order is serious and against the law. A no contact order violation happens any time the defendant comes in contact, directly or indirectly, with the protected person. Many orders forbid the defendant from physically harming the victim, as well as from carrying a firearm or weapon. If the defendant violates multiple clauses of the order, the consequences will be more severe, ranging from a misdemeanor to a felony. Defendants are often fined for their violation. If you or someone you care about is in need of legal help, you can get a free case review from a local attorney. When you find out what your options are, you can begin to create a path forward.

How To File For Unemployment Benefits Extension

Unemployment benefits are provided by the states, so the process of getting an unemployment benefits extension varies from state to state. Additionally, there are often two flavors of unemployment benefits – one directly from the state, and one administered by the state but coming from the federal government. While the process will differ, there are some similarities in the process across the country. For each and every unemployment program you will need to gather and file documents attesting to your work history, reason for unemployment, reason for needing an extension, identity and proof of citizenship or legal presence. Once you have all this information, simply go to your state’s unemployment website and look up the process of filing. Some states have an online process while others require you to print out and mail hard copies of all the necessary documents. For more information, call the employment security department of your state’s employment administration. The federal government provides extended unemployment benefits depending on your state’s unemployment rate. Known as Emergency Unemployment Compensation (EUC), these benefits are organized in tiers. They are provided in addition to the about 26 weeks in standard state unemployment benefits. States will, of course, vary in terms of how many weeks of unemployment they offer. Tier 1 for EUC is 14 extra weeks and is available for all states, regardless of how high your state’s unemployment rate is. Tier 2 for EUC is an additional 14 weeks and is given to individuals in states with an unemployment rate of 6 percent or higher. Tier 3 for EUC is an additional 9 weeks and available to individuals in states with an unemployment rate of 7 percent or higher. Finally, Tier 4 for EUC is an additional 10 weeks and is available for people living in a state with 9 percent unemployment rate or higher. Even in addition to EUC, there is a program called EB, or Emergency Benefits, which may provide 13 additional weeks of income for certain populations deemed to be hard-hit by unemployment. An additional 7 weeks are provided for areas that are especially depressed. This listing varies on a regular basis with information available at the Department of Labor website. Once you’ve filed for an unemployment benefits extension, wait to receive your acceptance in the mail. You’ll get paperwork attesting to that fact, and your checks will continue to come. Keep in mind that you may be audited on your unemployment status as well as your process of seeking another job at any time. Make sure that you keep records of your job search complete with the phone numbers of reliable contacts to verify the whole process.

How To Write A Request For Continuance

A request for continuance in a legal setting is a request that court proceedings be postponed until a later date. Writing this request involves explaining your reasoning for needing a continuance as well as details about the continuance request. The format of the letter is that of a formal letter to be filed with the court. It will contain the address of the sender and receiver, begin with “To Clerk of Courts, ______ (Name of Court)”, end with “Sincerely,” and be signed with your name. You will want to include your docket number before the body of the letter so that the court clerk will be able to look you up more easily. In addition to the formatting of the letter, you also need to send it to the right people. You should send one copy to the court clerk and the other copy to the other party in your legal dispute. You should say in the body of the letter near the end that you are sending two copies of the letter. You will also want to keep the third copy for your records. There are many legitimate reasons you may want to file for a continuance. However, there are just as many illegitimate reasons that will be rejected by the courts. Examples of good reasons for continuance include key witnesses being out of town or unable to attend, serious, one-time events such as: Or simply because you need more time to prepare. As long as you are deemed to have “good cause,” continuance will most likely be granted. How to Write a Legal Statement of Fact Requests for continuance must be made at least a week in advance of the trial date. Keep in mind that when you request a continuance, you cannot then turn around and ask for a speedy trial. The two are mutually exclusive. If you’ve filed a request for a continuance and haven’t heard from the court clerk by a few days before your trial, you may call the court clerk to get the information about your continuance. Until you have written or verbal confirmation from the court that your request for continuance has been granted, be prepared to show up for court that day. Not showing up for court on the day that you are scheduled to arrive could cause you to lose your claim.

Do We Need To Give Our Babysitter A 1099 Tax Form?

Generally speaking, because babysitting is a personal service rather than a business expense, you do not have to give your babysitter a 1099 tax form. Only companies give out 1099 tax forms for services rendered in the course of trade or business. There are exceptions, of course. If someone provides babysitting services as a contractor for a business, then the business must give that person a 1099 form detailing the income she received if she made more than $600 in a single year. A babysitter is technically determined to be a self-employed individual when it comes to taxes. Your babysitter is responsible for reporting her income to the IRS, but unless you are a business entity, you have no responsibility to document your payment for the IRS, no matter how much she charges for her services. The one exception for which you would be eligible to account for your babysitter on tax forms is if she were your employee. This is the case for live-in nannies and regular childcare providers who operate under your strict rules. The IRS defines an employee as someone whose work affairs are controlled by the employer, whether reimbursements are paid and whether there is a written contract involved in the transaction. In this case, you need to prepare a W-2 form for the babysitter or nanny if you paid at least $1,800 in a year (as of 2012) or if you withheld federal taxes on any amount of money. It may seem silly to file official paperwork for something as casual as a babysitting agreement, but if your babysitter is treated as an employee, provided with her own tools, controlled while on the job or given an employment contract, she may in fact technically be an employee. The process of filling out a W-2 involves downloading the form from the IRS website, filling it out and filing it with the IRS, giving sections B, C and 2 to your employee by the end of January of the year following the tax year, and copying section A with form W-3 to the Social Security Administration by the end of February. If a self-employed individual markets herself as a babysitter, generally speaking you don’t have to worry about it with the IRS. Even if she works for you on a regular basis, the IRS will generally not audit you or them. The only case in which a babysitter will get audited if she doesn’t have a W-2 is if she lives on the premises of her employers.

How To Report Illegal Immigrants

If you know of someone whom you have good reason to believe is illegally in the United States, it is well within your rights and indeed your responsibility to report that person to immigration officials. Of course, this doesn’t mean that you can simply report everyone who looks different or speaks a different language. You have to have concrete proof or at least very good evidence that a person is not legally in the country. Illegal immigrants burden state and local budgets, and they are more at risk for criminal behavior and non-integration than legal immigrants to the United States. By reporting illegals, you do a service to the process of legal immigration. Proof of illegal immigration is often as simple as talking to somebody who would know. In most cases, this is a co-worker, supervisor or employer, though it may also be a friend or family member. You may also find proof if you see someone engaging in questionable activities that could suggest a criminal presence such as drug trafficking. While you don’t need to find incontrovertible proof, you should do your best to base your beliefs on definitive statements or observations rather than mere feelings. Once you have the proof you need, you should gather names, phone numbers, addresses, license plate numbers, photographs and physical descriptions, as they may be useful. Obviously don’t get more information than you are able to acquire safely. If a suspected illegal immigrant is engaged in illegal activity such as illicit trafficking or theft, you should call your local law enforcement agency before contacting Immigration and Customs Enforcement. Discuss what you’ve observed and make sure to mention that you believe the perpetrator(s) to be illegal immigrants, and the police will follow up with the ICE. An anonymous report may be a good choice if you want to keep yourself safe. Not only will this help you avoid filing paperwork if you are called as a witness for the police or immigration officials, but it will help to keep you from being a target. Anonymous reporting services are private organizations that may require a small fee. For supposed illegal immigrants not committing a crime, contact ICE at 1-866-DHS-2ICE (347-2423). You will be required to give detailed descriptions as well as any information you’ve gathered, and you may be called in to make a statement and fill out paperwork. This is why you should be absolutely sure before reporting supposed illegal immigrants. Only share concrete facts of observation and what others said rather than sharing personal speculation.

Federal Labor Laws For Salaried Employees

While labor laws for salaried employees are designed to afford the same sorts of protections and benefits to all American workers, the implementation of these protections differs depending on whether someone is paid on an hourly or salary basis. Hourly workers are protected by federal minimum hourly wage standards with overtime pay equal to “time and a half.” The laws around salary workers are similar but take on their own unique flavor. There are three basic protections involved in salaried employee labor laws. These are: These make up the backbone of the American system of worker protection If you are paid a salary rather than an hourly wage, you must work the number of hours agreed upon in your employment contract to receive your salary. While 40 hours per week is considered the standard, many employment contracts differ depending on the needs of the employer. It is not uncommon to see employment contracts with as few as 30 hours per week or as many as 50 depending on the position. Be sure to refer to your state’s Department of Labor, as states have their own rules regarding the maximum hourly limit for salaried employees. Like hours worked, overtime pay is determined by your employment contract more than any particular set of laws. Salaried employees generally do not receive overtime unless it is stipulated in the contract, which it generally isn’t. One of the main benefits of being a salaried employee is that your pay is not determined by whether or not you show up late to work. Even if you only work for five or six hours, you will be paid for a full day of work. The only difference is that if you don’t show up for more than a week at a time, then you won’t be paid for that week. Of course, your employer still retains the right to terminate your employment if you show up late too often. In the event that you are terminated, your pay will be for the days between the start of your company’s pay cycle all the way to the date of your termination. This will be a pro-rated amount. Can an Employer Legally Decrease Your Salary If It Is Stated in Your Contract?   While labor laws don’t require employers to give you paid vacation days or sick days, the Family and Medical Leave Act requires employers to give up to 12 weeks of unpaid leave for certain medical issues. However, many employment contracts include paid vacation and sick days. In this case, the law states that people taking a vacation or sick days be paid for the full day if the hours are available.

How Long Do You Have To File A Police Report?

If you’ve witnessed or fallen victim to a crime, you may be wondering, how long do you have to file a police report? While the general rule of thumb is “as soon as possible,” there is a time limitation established by law, called a statute of limitations, to govern how much time you have to report a crime before it is essentially “forgiven” in the eyes of the law. For many people in these situations, however, it is not cut and dried. If you’ve witnessed a crime, you may be fearful that someone will retaliate against you for reporting it to the police. Or, if the crime was committed by someone you know, you may have the desire to protect him or her. However, the more time passes, the harder it becomes to investigate the crime, as witnesses may forget what happened or evidence may become contaminated. Here’s an in-depth look at the question: how long do you have to file a police report? How to Obtain Police Reports   A statute of limitations sets the maximum amount of time for criminal charges to be filed before  they can no longer be investigated by law. Statutes of limitations vary state by state, as well crime by crime. Typically, petty offenses like traffic accidents, vandalism, or minor theft have a one-year statue, meaning a bystander has a time limit of one year to file a police report for the crime. As for misdemeanor crimes, there is generally a two-year statute, while felones have a five-year statute. However, serious felony crimes like: These have no statute of limitations, meaning witnesses can come forward and report the crime at any point after it has happened. While you may not have to file an official police report, some states require citizens to report incidents like traffic accidents to the police within a few days. This is because the only valid evidence in these cases disappears so quickly that police will have little or nothing to go on if you don’t make them aware of it. Look up reporting laws in your state to see if these requirements apply to you. It should be noted that while some statutes of limitations begin at the moment the crime is discovered to have occurred, the majority begin at the moment the crime was committed. This means that if you didn’t find out a summer home was burglarized until six months after the fact, you may need to file the police report sooner than you would have otherwise thought. A statute of limitations does not exist to buy you time necessarily. It is always best to file a police report as early on as possible to give the authorities adequate time to conduct an investigation and prosecutors time to prepare their case. According to Market Watch, “One of the biggest arguments for a statute of limitations is that corroborating evidence of the crime diminishes over the years: people who heard about the event will slowly forget details, or witnesses will not remember details.” Recently in society, there has been an uprising of police reports for crimes that were committed several years prior, namely crimes that have to do with sexual misconduct and assault. With these allegations popping up in the headlines daily, addressing the statute of limitations laws has become extremely prevalent this year. Sexual assault has no statute of limitations, meaning witnesses and victims can come forward and report the crime at any time, whether the assault happened yesterday or 30 years ago. While a crime 30 years ago may be hard to prove, more recent crimes are becoming easier to piece together with the help of technology. “In our technology-dependent society, [the statute of limitations] is becoming an obsolete point,” Kristen Houser of the National Sexual Violence Resource Center in Pennsylvania told Market Watch. “Whether we are communicating over text or email or through apps, we have so many records of communication. We live in a place where video surveillance can corroborate time or date or location. It’s become such a ubiquitous backdrop of our culture.” For instance, if the details of a crime were discussed years ago via text message, email, or social media, those details can be used in the investigation. While statutes of limitations still currently apply regardless of evidence that is found because of technology, that is something that may change or dissolve these laws in years to come. However, while these limitations are still in effect, it is important to file a police report for crimes as soon as possible to ensure evidence is intact and justice is served. To learn more about filing police reports, take a look at How Do I Get A Copy of a Police Report?

How To Patent Your Idea

If you have a good idea for a new product or service that you believe could make you some money, patent lawyers would suggest that you file a patent for the idea before someone else comes up with it or takes it for their own. A patent is a legal document with exact design specifications that details your idea and gives you the sole right of ownership to produce, provide or otherwise use it to do business. The first step to patenting your idea is to do research and see if anybody else has come up with your idea first. Patents are published online at the U.S. Patent Office website, or you can do it in person at a Patent and Trademark Depository Library in your state. This will determine the scope of your patent. If you find patents that use elements of your idea, you may only be able to patent part of your idea. You are only allowed to patent elements of your idea that are unique. If your idea is just a faster or more efficient way to implement an already-existing process, you can’t file a patent on the entire process; you can only patent your change to the process. You will need to get a patent lawyer specializing in your field if you want to have a good chance of succeeding with your application. The lawyer will work with you to draft a patent application, which is a highly technical document explaining the structure and purpose of your design. This document will include: The last step to patenting your idea is to file it with the United States Patent and Trademark Office. You may send your patent by mail or deliver it in person. It typically takes several weeks to several months to hear back from the patent office, and your patent will most likely be rejected. Then begins the process of making amendments and resubmitting the application until it is accepted. Once the patent has been accepted, you may begin marketing your idea with the label of “patent pending.”

Why Are Steroids Illegal?

Anabolic steroids are a form of synthetic testosterone that may be prescribed by doctors but are illegal for use without a prescription. They are classified as a Schedule III controlled substance with possession carrying a $1,000 fine and a year in prison, according to federal law. Trafficking carries up to a $250,000 fine and five years in prison for a first offense. It should be noted that when we discuss illegal steroids, we are talking about anabolic steroids rather than corticosteroids, which are prescribed to reduce swelling and prevent overactive immune response. Anabolic steroids are used to build muscle and replace diminished testosterone in specific, limited medical cases, while corticosteroids are available as over-the-counter medicine. Anabolic steroids are illegal due to their proven health risks for individuals who take them. As a powerful hormone, they can cause unexpected and unwanted side effects for individuals who abuse them beyond a doctor’s prescription. Side effects include: As a controlled substance, anabolic steroids are kept illegal to prevent people from suffering unwanted health effects. Their illegality keeps the general public that may not know the full risks safe from harm. Anabolic steroids are only legal if a doctor prescribes them. Doctors will only prescribe anabolic steroids if a patient: Many professional athletes take steroids illegally, which not only represent a potential felony convictions but may also result in permanent career damages. People take steroids because it helps them build muscle quickly and perform more effectively at top levels. However, they are considered cheating by many sports enthusiasts, and they are banned from use because no organization wants to lend its support to a practice that leads to severe health risks for the sake of improved athletic performance.

How To Calculate 263A

263A is shorthand for IRS Code Section 263A, and it details the rules used by business taxpayers to account for and capitalize their costs. Also known as UNICAP, or uniform capitalization, Section 263A often befuddles even the most seasoned business professionals. It is highly advised to consult with an accountant for accurate calculation of 263A, as the IRS can and will audit for your compliance with this regulation. This difficult section of the IRS Code applies to retailers, wholesalers, and manufacturers who bring in average gross receipts of at least $10 million per year. Regulations vary depending on your class or category of business such as: 263A calculations begin by determining all of your indirect purchasing costs. Any purchase you make, warehousing fees, processing fees, repacking and assembly costs and support payroll costs count as indirect purchasing costs. These costs do not include marketing, advertising, distribution, or research and development. You must then allocate these costs between inventory and the cost of goods sold. An example of costs of goods sold would be the materials used to make a particular product; inventory would be the machine used to make the product. Once you allocate costs, all costs must be classified into three categories: production, administrative and mixed services. Production costs and administrative costs require no further explanation, and mixed services include anything that may be defined as both a production and an administrative cost. These may include purchasing, data processing, or your personnel department. Then you have to allocate mixed services costs between production and administrative. While the process of classifying your costs is a lot of busy work, cost accounting is where accounting and mathematics come in. There are a variety of different methods for cost accounting, and different methods may be preferred in different industries. Consult with a tax professional to figure out the preferred method for your industry. Examples of common cost accounting methods include production labor as a percentage of total labor costs or average cost per unit. Preferred accounting methods often change from year to year. It can’t be stressed enough the importance of getting a tax professional to check your figures. This guide gives you a basic understanding of how 263A works, but it is nowhere near long enough to provide a full breakdown of how it’s done. It requires tables and figures for how to do cost accounting in your particular business for each of the different categories as well as what sorts of costs qualify for each category.

What Is Ingress & Egress In Real Estate?

The value of a piece of property depends upon many factors including location, size, permitted use and the ability to get to and from it. Real estate professionals use the terms ingress and egress when referring to the ability to enter and exit a piece of property. Determining if a piece of land can be accessed without trespassing on someone else?s property might not be readily apparent. The Basics of Ingress and Egress Ingress is the right to enter one?s property, and egress is the right to exit it. Usually, the right to enter or leave property involves access to a public road. Property with at least one boundary line touching the road can freely access the road without crossing over land belonging to another person, but appearances can be deceiving when dealing with ingress and egress issues. For example, if local town or city ordinances restrict the right of property owners to cut curbs for the installation of driveways, a person might be prohibited from entering or exiting from the property to the street. Unless the property offers another means of access to a public road, the parcel of land could be landlocked. Landlocked Property Certain types of housing developments are planned around the concept of landlocked parcels of land. Homes built along the fairways of a golf course enjoy a picturesque setting, but they are, essentially, landlocked. Providing ingress and egress for the homeowners usually involve private roads within the development that lead to a public street. The private roads rely upon easements to provide access over other people?s property. Easements An easement is a negotiated agreement in which a property owner gives others the right to limited use and access to the land. A landlocked owner of property might negotiate an easement agreement with an adjoining property owner granting the right to cross over the adjoining land to access a public road. Easements can be as restrictive, such as allowing only for foot traffic, or as broad as the parties to the agreement decide. The easement agreement is recorded with the county clerk once it is reduced to writing and signed by the parties. Recording an easement gives notice to future owners of its existence and terms, so they will be obligated to abide by it. Failing to record an easement could result in the loss of a property owner?s rights to ingress and egress in the event of a sale or transfer of ownership of either parcel.

How To Write A Parole Letter

Parole letters are letters written either by an incarcerated person or by his or her supporters. Intelligently written parole letters attesting to the offender’s character, reformation and plans to improve his or her life will be read by the parole panel and may make the difference between release and denial. That said, writing a parole letter can be tricky. You want to know what parole panels are looking to hear in order to get the best possible result for yourself, your friend, or your loved one. Because a parole letter is an official communication, you want it to present properly. It should be written with a letterhead including the contact information and address of the parole board and the date of writing. Begin the letter with “Dear Honorable Members of the Parole Board” and a colon rather than a comma. End the letter with “Sincerely,” and use your full name. Always use formal language, appropriate spelling, and proper grammar. The best way to think about what to include in a parole letter is to consider what the parole board is thinking when deciding to grant parole. The main concern that would prevent parole from being granted is that an offender will not properly reintegrate into society. The role of the parole letter is to convince the parole board otherwise. This will differ depending on who is writing the letter. If the potential parolee is writing it, the letter should be simple and to the point. It should express genuine contrition (being sorry for what you have done) as well as tell your plans for what you want to do with your life upon your release. It should be specific but heartfelt and discuss the joy you get from new, useful activities that don’t run the risk of re-offending. If the offender’s friends or family members are writing the letter, they should discuss how happy they are to have him or her in their lives again. They should make it clear that there will be a support network available for the potential parolee and discuss activities, potential jobs and community ties that await their reintegration into society. It can be a useful strategy to have strategic community members such as administrators of community centers or successful local business people who are willing to offer tangible, actual support to potential parolees. Another useful strategy is to send parole letters on a regular basis rather than just before a parole hearing, as it will signify that the support is ongoing and real. For more information about writing letters, check out the best way to write a professional letter to a judge.

How To Get A Gun Owner’s License

Firearms licensing requirements vary from state to state, so it can be tricky to find definitive information on how to get a gun owner’s license. In some states you don’t even need a license to own a gun. Firearm licensing and ownership is a hot topic in the United States, and it is best to find extremely local information to get the knowledge you need. If you are interested in purchasing a firearm, the two best places to go for information would be a local reputable gun store and the website of your state police department. Licensing laws vary; some states require each gun to have its own license, while other states only require the owner to have a license. Some states license the ownership of guns, others license the carrying and use of guns through laws such as concealed carry laws, and still others license both. Some states have different laws depending on the type of gun – hunting rifles may have one set of laws, while handguns and concealed weapons have another, and assault weapons have still another. Still other states ban the ownership of certain types of laws entirely. The process of getting a gun license in the states that require any sort of licensing is similar to that of getting a background check. You will find that certain classes of people are generally prohibited from owning a gun including convicted felons, the mentally ill, drug users, illegal immigrants, dishonorably discharged Armed Forces members, people with restraining orders against them and more. You may be required to submit your fingerprints, complete a firearms safety course and submit necessary payment to the state police department. Once you’ve applied for your gun owner’s license, you must wait until your license card comes in the mail before you purchase a firearm. Depending on the nature of the licensing requirements, you may need to carry your license with you at all times, make a copy to keep in your car or simply keep the license in the carrying case for your weapon. Many states require you to periodically renew your gun license to make sure that you are still competent and fit to use a firearm. Renewal requirements are typically every three to five years and consist of passing another background check and completing another safety course.

What Is a Forensic Audit?

While a forensic audit may sound like something exciting you hear about on crime dramas like Law and Order or CSI, the truth is a little more mundane. A forensic audit is a process of reviewing a person’s or company’s financial statements to determine if they are accurate and lawful. Forensic accounting is most commonly associated with the IRS and tax audits, but it may also be commissioned by private companies to establish a complete view of a single entity’s finances. Forensic audits are used wherever an entity’s finances present a legal concern. For instance, it is used in cases of suspected embezzlement or fraud, to determine tax liability, to investigate a spouse during divorce proceedings, or to investigate allegations of bribery, among other reasons. Forensic audits are performed by a class of professionals with skillsets in both criminology and accounting who specialize in following a money trail, keeping track of fraudulent and actual balance sheets, and checking for inaccuracies in overall and detailed reports of income or expenditures. If they find discrepancies, it may be the auditor’s job to investigate and determine the reason for it, or it may be the job of a separate financial investigator. While many associated auditing with finding flaws, it can be just as important to strengthen a company’s already good business practices. Many companies self-audit on a regular basis to make sure that production and workflows are running smoothly without waste. By presenting regular audits of sound financial practices, a company improves its standing for shareholders, clients, and customers, and the report generated by the audit gives executives a better sense of the internal finances of the business. Of course, this can lead to a downside if the auditing company itself is committing fraud or if it is in collusion with the company or its managers to falsify reports. In this case, a forensic audit may be requested by a judge or an outside company to either determine the lost income as a result of a fraudulent report or to determine the damage that falsified reports caused to: Forensic audits are presented as evidence by a prosecutor or by a lawyer representing an interested party. Because finance is a complex discipline, the jargon used by forensic auditors to describe a company’s financial position is often highly precise. This either requires a prosecutor or lawyer to call upon expert witnesses to explain the significance of the audit in layman’s terms or to have the auditor do so himself or herself in order to build a case.

Getting A Copy Of A Last Will And Testament

As with any legal request, getting a copy of someone’s last will and testament depends on the details. While it is impossible to request to look at a living person’s will, also known as a living will, there are instances where you can request a copy of a deceased individual’s last will. If the last will has been filed in probate court, getting a copy is as simple as going to the courthouse and requesting a copy or calling and mailing a self-addressed stamped envelope along with necessary payment for the will. The only hitch is figuring out where the death certificate and other documents were filed. After someone dies, one of the tasks of the executor of that person’s estate is to file the last will and testament in probate court. The executor has the responsibility to determine if the will is actually the last will, and this may take some time. This means that while there is a good chance you can find a deceased individual’s last will if they passed away some time ago, it may be more difficult if the death was recent. Four Excuses People Use To Avoid Last Wills And Testaments The only people with a legal right to view the last will before it becomes a matter of public record are those who are mentioned as beneficiaries. Ideally, the executor of the estate will inform those mentioned in the will that they are beneficiaries. If you don’t know who the executor of the will is, you can look up the deceased’s death certificate. This is a matter of public record, and it names the executor. You can then contact the executor and ask if you are a beneficiary and if you can see a copy of the last will. If the executor doesn’t respond or refuses to show you the will, you may need to take legal action through the probate courts to force the executor to file the will in probate court so it becomes a matter of public record. Depending on where you live, an executor may be required by law to file a will in probate within a certain amount of time following the estate holder’s death. Be sure to consult with a probate lawyer to know your options. Depending on what you want to find from the will, certain legal actions may be more appropriate than others.

Using a Cease and Desist Letter to Stop Slander and Libel

A cease and desist letter is a legal vehicle used before and for the purpose of avoiding having to file a lawsuit. It details the slander and libel and informs the accused party of the accuser’s intent to sue if the problem is not corrected and retractions of harmful statements are not made. Slander and libel are legally defined terms for defamation that require the speech to be financially through damage to your reputation, publicly spread to multiple third parties, and objectively false. In order for your cease and desist letter to be taken seriously, you must be able to demonstrate that your slander or libel lawsuit has a chance of succeeding in court by indicating details about the publicity, falsehood, and damages associated with the instances of defamation you wish to stop. Sometimes the threat of legal action is enough to compel someone to change what they are doing. Few people wish to get involved in the paperwork and courtroom appearances that a defamation lawsuit would require. Not only would a successful lawsuit end up causing the accused party more money for court costs, but it would take up the accused party’s time and could even damage their reputation. A cease and desist letter is a way of giving someone a chance to stop what they are doing and avoid the hassle of a legal fight. Depending on the nature of the defamation actions, the tone of the cease and desist letter may be more formal or informal. If defamation is currently a threat to your business’s income and operations, the letter should have a severe tone and promise immediate legal action if the situation is not rectified. In this case, it would be a good idea to have your lawyer draft your letter so you are sure to touch on all the points. If the defamation only has the potential to become more harmful, the letter may be less severe. How Do You Prove a Defamation of Character Claim? The points you should touch on in your letter include: Because this is a formal legal document, you should title the letter with the words “Demand to Cease and Desist” and date it as well as include recipient and sender name and address information on the letterhead.

What is a Capias Warrant?

In the common law system of the United States, a capias warrant is essentially an order to arrest and detain an individual for the purpose of guaranteeing a court appearance. The Latin term capias translates into English as ? for the taking of,? but it is not commonly associated with the seizure of property or the search of premises. A capias warrant should be considered a writ of arrest. In most instances, a capias warrant is issued in connection with failure to appear before the court in a criminal case. A defendant who fails to appear at a criminal court proceeding, for example, could expect a capias warrant to be issued for his or her arrest. Since a capias warrant is a compelling writ, a judge or magistrate must be prudent and ensure that he or she has compelling evidence to issue such an order. Criminal defendants who enjoy freedom thanks to having posted a monetary or signature bond are expected to appear at all scheduled court hearings. When they fail to do so, their bond may be revoked and a capias warrant may be issued. In this situation, law enforcement agencies are directed by the court to take the defendant into custody and deliver him or her to the court. A capias pro fine occurs when a defendant has failed to comply with a court order related to a judgment. For example, a defendant expected to pay a fine or restitution could be the subject of a capias pro fine warrant, but this does not automatically imply that they must spend time at a detention center. The defendant is to be delivered directly before the judge; this gives the subject opportunity to show good cause or explain why the judgment has not been fulfilled. Capias warrants are not limited to criminal cases. In various jurisdictions, defendants involved in traffic cases who fail to appear in court may be subject to a capias warrant if they fail to pay a fine imposed by a judge. Other jurisdictions issue capias warrants in relation to cases that originated in a civil or family division. For example, a person whose child support order falls into arrears might be compelled to appear before a magistrate by means of a capias warrant. Sheriff and constable departments are usually tasked with executing capias warrants, Some other agencies may contribute such as: In the case of defendants who skip on a bail bond, bounty hunters or bondsmen may seek to execute the capias warrant. For more on warrants, check out the best way to run a free arrest warrant check.

New York State Restraining Order Rules

Whether you’re looking into filing one or whether you are on the receiving end, it is important that you know the rules regarding restraining orders in New York State. Also known as orders of protection, restraining orders may be filed with the Family Court or Criminal Court of the state of New York. They are used to limit the behavior of someone deemed threatening in any way. Situations that legally prompt filing a restraining order include but are not limited to threats of harm to someone or their children and verbal or written harassment. There are two main types of restraining order: In all cases, a restraining order can be used to compel someone to stay away from certain people, certain locations, and it can be used to force someone to get rid of their gun(s). Family restraining orders are also known as civil restraining orders. They may only be filed against related individuals, current or former spouses, common parents of a child, or anyone with whom you have had an “intimate relationship.” Intimacy is determined by a number of things including the length of time you’ve known each other, how often you see each other and whether or not you are physically intimate. Family restraining orders are most commonly used in cases where domestic violence is present and are sometimes attached to divorce agreements, custody agreements, or other affairs that go through Family Court. To file a Family Court Order of Protection, it is best to go through a lawyer or domestic violence agency. They can help you file the necessary forms to prove that you are in need. Many DV agencies offer battered women’s shelters for women suffering from domestic violence; this may be an important first step for your or your children. Criminal restraining orders are similar to family restraining orders, but they are filed against individuals who have been arrested or who have a warrant out for their arrest. If you have been abused, assaulted, or otherwise harmed, you may file for a restraining order through the New York Criminal Court. New York Criminal Law If somebody violates their restraining order, you should contact the police immediately. It is a crime to violate an order of protection, and this will result in the violator’s arrest. A New York Order of Protection is enforceable outside of the state of New York thanks to the Violence Against Women Act. Simply contact the police in whichever state you are currently. The same goes if you to have an out-of-state restraining order in New York State.

Getting Your Bail Bond Money Back?

After you have had the misfortune of bailing someone out of jail there is going to come a time where you wonder whether or not you are going to get your money back. However, you are going to have to think back to when you originally posted the bail. This is because when you post bail for someone you are given two options. Either you: Naturally, which option you took is going to sway how and when you get your bail money back. How Do Bail Bonds Work? You are not going to be able to get your money back until after either the defendant has been acquitted or the charged against them have been dropped. In the event that the individual is found guilty, your bail money will go towards the court fees. Unfortunately, if this happens you will not be able to get your money back. Once you know the status of the case, you need to remember whether you used a bail bondsman or if you paid the fee directly to the court. If you were able to pay the court directly, you should have no trouble receiving a full refund for the amount you paid. However, if you decided to, or had to, use a bail bondman chances are pretty good that you only paid anywhere from 10 to 20 percent of the total bail amount. This amount is considered the bondsman’s fee and you will not get any of your money back. Figuring out when you are going to get your money back is all about knowing exactly when the case ended. Keep in mind, if you happen to move or any of your contact information changes you need to contact the court immediately to let them know. This is because if you actually want to receive your refund check it is important that they have your current address on file. Finally, you will just have to wait anywhere from two to six weeks after the case has ended for the court to send your refund check in the mail. If six weeks pass and you do not receive the check in the mail, you should contact the court. When you call them, you are just inquiring if there was a problem with them issuing the refund check on the bail money that you paid. You will need to provide them with some information in order for them to look through their records to determine if there was a problem. This may include your contact information, the case number, and when the case ended.

How to Transfer a Car Title When the Owner Is Deceased

After a person passes away, it is often a challenge for loved ones to figure out what happens next. In addition to the emotional and mental distress of losing someone, there are added challenges when it comes to handling everything the deceased person left behind. Whether you are an executor or a relative, you may find yourself in need of assistance when it comes to things like last wills and testaments, medical records, or titles. In this guide, we will discuss one of those topics:how to transfer a car title. Transferring ownership of a car after death is one of the many cumbersome tasks that are left in the hands of loved ones and beneficiaries. While it is likely one of the last things a grieving person wants to deal with, it is a part of the process of handling the deceased person’s belongings. To help you with the process, we’ve outlined the few steps you will need to take to transfer the title. So, why do you need to transfer a car title when the owner is deceased? This process is necessary for beneficiaries if you want to keep the vehicle, gift it to a family member, or sell the vehicle to someone else. However, it is not as simple as handing over the keys to the new owner. Below, we will discuss who is in charge of the title transfer, as well as the steps to take if the vehicle is a part of a probated estate, what to do if there is no probate, and how to sell the vehicle. We’ve been asked a form of this question many times: “My husband died and my name is not on the car title. What do I do?” Whether you are a surviving spouse, a joint-owner, or a beneficiary, you have the legal authority and obligation to transfer the title of the vehicle to someone else after the owner has passed away (if the vehicle is going to be used, that is). The way to do so simply depends on whether or not the vehicle is part of a probated estate. Once a vehicle owner has passed away, the process for transferring the car title of the deceased person varies depending on whether the vehicle title was in the individual’s name as a decedent or whether it was in a joint ownership. If the title was only in the decedent’s name, you’ll need to determine if the estate is being probated. What’s a probated estate? Probate is a legal process that involves administering the estate of the individual who has passed away. It typically happens when there is no living spouse or beneficiary listed on the will. A probate proves that the last will and testament is legitimate, checking out the deceased person’s assets and property. Then, the Probate Court determines how to proceed with the person’s belongings. During this process, the deceased individual’s property will be distributed based on their will. If the vehicle is part of a probated estate, follow these steps to learn how to transfer a car title after the death of owner: A car title cannot be transferred until the probate is completed, so the executor or administrator of the deceased should contact Probate Court or an attorney as soon as possible to receive further instruction. Depending on the situation and the circumstances, getting the title transferred can be a complicated process. Because every situation is different, it helps to have someone who understands the legal process working in your favor. Once the probate is completed, the heir will receive the vehicle, or the executor can opt to sell it if he or she was the one given the vehicle. While the documents needed does vary slightly from one state to the next, you need to have all of the following in order to transfer the title in most states: If you are the beneficiary of the vehicle or the administrator of the deceased person’s estate, you can visit the Title Office with the above documents to initiate the title transfer. The process of transferring the title of a vehicle without probate varies depending on what state you live in. Most states require the deceased individual’s property not to exceed a certain amount and it to be a certain amount of time since the person has passed away before the transfer of the title can be initiated. In many states, the Department of Motor Vehicles makes it fairly easy to transfer the car title of a deceased person when there is no probate involved. If you are the administrator, joint-owner, spouse, or beneficiary, you may only need to take the death certificate and the title of the car to your Title Office and they will retitle it — no court order or attorneys required. In some cases, the vehicle of the deceased person will be in the possession of someone other than the beneficiary or administrator or the will. This does not mean that the vehicle is gifted to that person, however. If there is no probate on the deceased person’s belongings, the beneficiary can use an affidavit in order to obtain possession of the vehicle. In most states, you can find the Affidavit for Transfer of Personal Property form online. Keep in mind, using an Affidavit for Transfer of Personal Property is not the same thing as transferring the title of the vehicle. You will still need to follow the steps mentioned above after gaining possession of the vehicle. If you have already transferred the title, you can sell the vehicle of the deceased person much like you would sell any used car. However, if the beneficiary or executor is certain they want to sell the car after the person has passed, they do not necessarily need to get the title transferred prior to putting the vehicle on the market. Instead, they can put the car up for sale; once they find a buyer, the beneficiary or executor will sign the title with their name and role (executor for [deceased person’s name]). Then, the buyer will be in charge of getting the title transferred themselves. There may additional registration fees depending on what the status of the vehicle is. All of these fees will be determined and relayed to you after you submit your application to your local DMV. Furthermore, in the event that the vehicle was not registered by the deceased, the new owner will be held responsible for paying any registration fees or penalties. To learn more about handling the legalities of a deceased family member, here’s a look at how to obtain medical records of someone who has passed away. If you have questions about estate planning, don’t wait to get them answered. Get a free case evaluation from a local attorney to learn what the options are for you and you family.