Category Archives: Law

couple conflict

Don’t Make Your Divorce More Stressful

man and a woman experiencing conflict

Divorce is more than about deciding that you and your partner want to call it quits. If one or both of you have chosen to pursue it, you then have to go through the legal system of finalizing everything, while also making decisions about asset division, as well as child custody and visitation. There might even be arguments and negotiations, especially if you and your spouse can’t agree on some things.

All of these things can be overwhelming, making it easy for emotions to take over. While you cannot completely disregard your feelings during the process, do take note that being too emotional can prevent you from making rational decisions. It can also make the entire care stressful, expensive, and harder than it already is. Gleaning from divorce lawyers in Long Island, here are some things that can make your divorce more complicated:

Expecting to keep or have everything

Even if you think that you are the better parent or spouse, you cannot expect to have everything your way. This does not automatically mean that you get to keep the house, the custody of the kids, the cars, and all other essential assets. Keep in mind that your partner cannot be left off without anything. Deciding who gets what also involves considering the laws of the state you live in.

Hiding assets or money in a divorce

There are many ways of doing this, like moving bank accounts, deflating income (to calculate child and spousal support), and giving properties to friends with the intention of getting them back later. While it looks like you have a solid plan, this is never a good idea. It can lead to severe penalties or convictions and prolong the whole case.

Carrying out wicked plans of revenge

couple

If your spouse has done something irreparable, you might think that getting revenge can make you feel better. While it might do so initially, it can backfire later on. Getting even or embarrassing the other party might only cause him/him her to do the same or hesitate to negotiate in any way. It is best to take the high road and keep your emotions under control.

Fighting over insignificant things

Sweating the smallest stuff like fighting over that spatula or any other replaceable appliance will only drain your time, energy, or even finances. If an item has no significant or sentimental value, let go if it and buy a new one. This is much better than engaging in arguments that incite more hostility. Focus on important things like getting custody of the kids or the house.

Doing everything on your own

While this can seem like a practical or an affordable choice, you might only incur more expenses later on, especially if you know nothing about divorce laws in your state. The same thing applies when taking advice from friends and family. It is best to hire a divorce lawyer who can protect and defend your rights during the case.

Don’t make your divorce more complicated than it already is. Avoid the things mentioned above and be sure to get the right legal representation.

sick dog in the couch

Can I Get Compensation for the Injury or Death of My Pet?

sick dog in the couchIn the event that your beloved pet gets killed or injured because of another individual’s negligent actions, you can file a claim to get compensation for your losses. To start, request that your veterinarian document all the treatments and findings related to your pet. Likewise, obtain copies of everything so that you can crunch the numbers. With help from your attorney, determine how much compensation is fair under the circumstances.

Who Can I Hold Liable for My Pet’s Injury or Death?

You can hold any individual who deliberately acts to hurt or kill your precious pet responsible for the accident. For instance, a driver who ran a stop sign and then ran over your dog while you were crossing the street with him. However, this won’t apply to cases in which the individual did what he did to protect himself because your pet was attacking him. The same goes for a farmer who shot your pet to prevent it from attacking his livestock.

What If You’re Partly to Blame for the Accident?

If the accident is partly your fault, then the amount you can potentially recover will depend on the state where you reside. For example, some states follow the legal principle of contributory negligence, which states that if your negligence contributed to your pet’s accident in any way, you won’t be able to recover anything. Other states, on the other hand, follow the comparative negligence rule: how much you can recover will depend on the level or degree of negligence the court might assign to you.

The majority of states, however, like Montana and Utah, follow the modified comparative negligence rule, which states that you can’t recover anything if the court finds that you were more liable for the incident than the defendant. This means that your personal injury attorney will have to try and reduce the percentage of negligence that can be attributed to you.

How Much Is My Claim Worth?

injured catFor most pet owners, it’s not really about the money because no amount can really ever compensate for the injuries or death of a pet. However, generally speaking, common damages include:

  • The pet’s market value or cost to replace it. In cases where the pet dies, this is typically the most common type of damage.
  • Compensation for veterinary treatment. The court will evaluate the pet’s health history and treatment record prior to and after the accident, as well as the specific injury to determine what’s reasonable.
  • The pet’s value to you, which can be determined by various factors such as the length and quality of your relationship and the kind of animal, among others.
  • Emotional distress.
  • Punitive damages in the event that the defendant acted maliciously to kill or maim your pet.

Although you can obtain compensation for the death or injuries of your pet, laws differ from one state to another and might also differ from one county to another. Additionally, the majority of states don’t really have specific statutes pertaining to how much a pet owner can recover. With that said, get an experienced attorney to assess your claim and go from there.

money and gavel

Debunking 5 Bail Bond Misconceptions

money and gavelMaybe you have not heard about bail bonds, or maybe the only way you can learn about them is watching movies and television. For other people, they learn about bail bonds in Raleigh, North Carolina through personal experience. Unfortunately, the bail bond sector is often misunderstood, with a lot of negativity toward the issue.

Still, most of these misconceptions have adverse effects in the long run. People often go through the process with the wrong information or avoid it due to these myths. As such, they do not get the most out of a bail bond agency or the bail bond process. It is time people learn the truth, rather than believe the misconceptions.

Bondsmen accept only cash

Cash is a payment option when paying for a bond. However, you should get over the myth that bail bond agencies accept only cash payments. Bondsmen also accept other forms of payment as long as you discuss with them. The agencies accept forms of collateral, such as electronics and cars.

Bail amounts can be negotiated

Unfortunately, some people have fallen prey to this myth. In reality, you cannot negotiate the bail amount that has been set by the judge. A bondsman can only help you or your loved one to get out of jail by paying the bail amount, but not negotiating the bail amount. The amount is usually based on what you have been charged with based on the state laws.

A bondsman can get anyone out of jail

lawyer and accused infront of judgeIn reality, a bail bond company or agency cannot get anyone out of jail. The judge decides people who can get out of jail on bond. Sometimes bail is not an option based on the charges and the state laws. A bail bond agency comes in only to enable the bail so that you or your loved one is released from custody.

You are now free of legal obligations

Unfortunately, several people have believed in this myth. The truth is that you are not entirely free of legal liability when the bail is posted. You still have legal responsibilities to meet even if you are out of custody. You should be aware of the court dates and make sure that you attend court hearings to avoid legal implications such as finding yourself behind bars once more.

Fees to bondsmen are refunded

The bail amount is usually refunded after attending all your court dates if you pay the amount on your own. Unfortunately, many people have a misconception that bail bond agencies should also refund the full amount. In reality, you must appear for all court dates to get a refund of a specific amount after the court has refunded the payments made by the bondsman for your bail. You should pay the bondsman the money back if you fail to attend court dates.It is crucial to understand the rules that are true and false so that you can go through the bail bond process better than before. You should not let the myths mentioned above deter or discourage you from navigating the bail bond process. You can now contact a bondsman without the fear of falling into these myths.

Gavel and money for bail

The Important Benefits of Hiring a Bail Bondsman

Gavel and money for bail

Facing the possibility of staying in jail for a long time without the benefits of defending yourself is a scary situation. Not only because you believe in yourself that you are not guilty, but often, people who are unable to seek proper assistance usually ends up inside a prison facility while hearing their cases, which could take months.

The good thing is you can get a trusted bail bondsman here in Gastonia, NC. For a lot of good reasons, employing the assistance of someone who knows the ins and outs of legal domain can make your miseries somehow manageable. Here are the reasons you should seek the help of a bail bondsman when you are facing legal issues.

Face Faster Release

Not many people have experience dealing with legal terms and technicalities. And surely, no one wants to experience jail time. Now if you have little to no idea how the justice system works while you are outside, it is definitely much harder to deal with this situation from inside a prison cell.

But you know what? All you need to know is a trusted person who can help you out of jail in no time. Why do jail time when you can start working on your case from the outside? Surely, an experienced bail bonds agent knows how to build lots of connections in the legal system through the years of work. These connections can actually help speed up the process of your release.

Get the Best Legal Team

And speaking of having many connections within the legal system, surely, he or she knows the best legal team to hire for a particular case. So the minute you step out of jail, you can start working on preparing for your case with a winning team by your side.

Prevent Losing Your Career

Man feeling anxious

Facing legal situations only lead to critical events like losing your career, your job, or your clients in the process. For obvious reasons, staying behind bars prevents you from going to the office, which could result in you getting dismisses from work. Or you may not be able to attend your valuable clients’ needs and complete the tasks at hand, which could ruin your career or business.

A trusted bail bondsman works fast and discreetly, keeping you out of jail without your office or clients even noticing you were gone. In short, seeking the assistance of a bail bonds agent effectively keeps your career.

Protect Your Privacy

In some instances, people who can pay for their own bail could get a red flag. Your bank account could get scrutinized for having such amount of money, and you may be asked to provide proof as to where the money came from.

Ultimately, you may be asked to produce bank and other financial statements to prove the legality of your account—too much paperwork for an already headachy situation. Hiring a trusted bail bondsman helps protect you from such privacy invasion.

You do not need to be alone in facing this difficult situation. A bail bonds agent can help protect your rights and even help find the best legal team to defend you. But more importantly, they can help release you from jail in no time.

happy family

The Safety for Your Family: Getting a Solicitor for Your Internal Affairs

happy familyGetting entangled in a legal family drama might look good on television, but it is not exactly as easy, nor is it as interesting in real life. Aside from getting mentally exhausted, your finances and social status are also on the line. While there is not much you can do to change the situation you are in, whether it is a child custody battle or a dirty divorce, there are people who can help make the process a lot easier.

Having the right family lawyer in London can make a huge difference in your case. But choosing the “right lawyer” can be overwhelming, especially if this is your first time to deal with one. Fortunately, there are certain qualities you can look for to make your search a lot easier.

Qualities to look for in a family lawyer:

Experience and expertise

Every lawyer has their own specialization. Because yours is a family related concern, it is just right to find a lawyer who specializes in family law. Doing a thorough background check on your potential attorneys online, or through references is very important. This can give you an idea of what kind of professional you are dealing with and whether or not they are the right one for you. Have shortlisted candidates and do not be afraid to compare each one.

Communication skills

family affairs solicitor

Lawyers might appear cocky and even hard to approach in movies and television series but in reality, a good lawyer is one who can effectively communicate with both the client and other parties. Thus, it is important to find a lawyer whom you can easily talk with and understand. It is your lawyer’s responsibility to help you understand the theories, consequences, and the legal jargons included in your case. If you find it hard to talk with your lawyer, chances are they are not the one for you.

Passion

A passionate lawyer is a good lawyer. Find one whose goal is not only to win the case of getting the biggest amount of settlement. A lawyer who prioritizes the welfare of the client and their families is an asset that is hard to find.

Flexibility

Your lawyer is busy, so are you. Thus, there would come a time when you need to suddenly cancel your meeting, or even move your schedule to a different time. Having a lawyer who is not only approachable but also understanding and flexible when it comes to your schedule is definitely a plus.

Affordability

Hiring a lawyer is not cheap. Therefore, it pays to discuss these figures even before you actually become his/her client. Not all good lawyers are expensive. There are good ones who charges within your budget and then there are also ones who are willing to take your case pro bono. All you have to do is be honest about your financial capability.

Like other professional services, it pays to put your time and effort in finding the right one to work with. After all, legal cases are not cheap nor is it easy to solve.

Bail Bonds Sign in Window

5 Frequently Asked Questions About Bail Bonds

Bail Bonds Sign in WindowIt is expected for people not to be informed about bail bonds until they or their loved ones are arrested. Most people lack even the basics of bail bonds. Bail bonds save people from being held in jail.

People often have questions concerning bail, how to contact a bail bondsman, the bonding procedure, and the costs. You can read through these frequently asked questions about bail bonds to understand the entire process. Besides, it is easy to go through the process when you are informed.

What is a bail bond?

Bail bonds enable people who have recently been arrested to get out of jail as they await their court hearing. The judge gives a bond amount that should be posted as a guarantee that the defendant will attend court dates. The bond is usually returned when the defendant attends their court date.

What should I know before I call a bail bondsman?

You need to know the state, city, and name of the jail where the person has been held before you contact a bondsman because the agencies want to know where the individual is being held in custody. Also, you should know the booking number and full names of the individual in jail before calling a bail bondsman. The bail bond agency requires the information so that they can contact the jail. Also, do not forget to ask about the bail amount before you call the agency so that you know the cost that the bondsman will need to post a bond.

How do I get a bail bond?

You can get a bail bond in Charlotte, North Carolina using an array of options such as contacting a bondsman. With this option, the bondman provides the bond at a fee so that you or your loved one is released from jail. You can also get a bail bond by posting cash for the bail amount. Additionally, the judge sometimes allows people to use personal property such as valuable items, cars, or homes as collateral. Occasionally, judges give defendants a personal recognizance.

Do I get my money after the case is over?

gavel and moneyThe issue of getting money back after the case is over is usually based on a few exceptions. However, the bottom line is that you do not get the premium back after paying the bonding office. The fee is used to enable the defendant to get out of jail, and you can only earn it entirely after the defendant is out of custody. The bail bond agency will not return your premium because it charges it as a service fee.

When would I need a bail bond?

When an individual gets arrested, they remain in jail until their bond hearing. The judge sets the bail amount during the bond hearing. The amount then has to be given at the prison so that the individual can be released. Otherwise, the person remains in custody. You can contact a bondsman to post the bail on your behalf if you do not have the cash.

Having answered most commonly asked questions regarding bail bonds, you can now start the process. The answers will help you remain informed during the entire process. Make sure that you contact a trusted and licensed bondsman.

Businessman computing his taxes

The IRS Provides You with a Way to Avoid Taxes

Businessman computing his taxesMany people are unaware that the IRS encourages people to find legal ways to evade paying a fortune in taxes. You’re more likely to your taxes if you have the assurance that the total figure will be affordable.

There’s no love lost between taxpayers and their tax obligations. Parting with hard-earned dollars each month leaves a bad taste in the mouths of many people. That comes in the backdrop of misplaced priorities in government spending and wastage. Such occurrences often drive many people to loathe paying taxes even more.

Recognizing the strong aversion towards paying taxes, the IRS tries to make it easy for you. There provide plenty of legal loopholes to let you lower your tax obligation. While some of them are quite simple, others such as Section 831(b), are a tad complex.

Cover Your Businesses

If you run a large company or a series of companies, you’re bound to spend a fortune in insurance. Instead of lining the pockets of another insurance company, you can turn most of these dollars into tax savings. You only need to form a captive insurance company.

A captive insurance firm is a wholly owned subsidiary company that handles the insurance and risk mitigation needs of a parent company. In other words, it’s a form of self-insurance that comes with a tax break. If the captive company takes less than $2.2 million in premiums, IRS will not tax your premium income.

Ideally, section 831(b) is used by small and medium-sized businesses to cover businesses that aren’t quite economical at market rates or currently available on the market. With the help of a tax expert, you can avoid incurring the wrath of the IRS.

Hang On to Your Capital Gains

Building owner shaking hands with his buyerIf you’re in the commercial real estate sector, then you’ve probably heard of a 1031 property exchange. This lets you hang on to your capital gains when selling commercial property. Depending on your tax bracket, that can result in savings of up to 40 percent.

The only rider on this arrangement is that you don’t get to pocket any of the proceeds from the sale. Instead, you will channel all the cash realized from the sales toward buying a replacement commercial property. Since you will not be paying out any money to the government, you can afford to buy a more substantial property.

The main advantage here is that you get to keep the money working for you instead of passing it to the government. Deferring the capital gains tax means that get to buy a property with a high rental income. Also, there’s no upper limit to the number of times you can take part in a property exchange. You can swap until you drop, and your inheritor won’t ever have to pay the tax on the gains made over the years.

The Internal Revenue Service recognizes that people loathe the idea of paying taxes. To curb tax evasions, the tax service encourages people to exploit some of the loopholes in the tax code that can help you lower your tax obligation. The primary idea here to encourage people to decrease the amount of taxes they owe. You’re likely to pay your taxes if you can find clever ways to reduce the amount to an affordable level.

Gavel with a bundle of cash in the middle

The Basics of Bail: Conditions and Release

Gavel with a bundle of cash in the middleThe concept behind bail is a simple one. When someone gets arrested, someone pays the court so the arrested person can be temporarily released. But how exactly does that work, and what if they can’t pay the entire amount? Anyone facing arrest should know exactly how the system works. This way, they can be prepared with information on 24-hour bail bond services in case such a need arises.

Bail: Schedules and Conditions

Bail money serves as a contingency provided to the court to ensure the defendant shows up for their hearings and goes through the rest of the criminal justice process. It is not a form of punishment, but a way for defendants to stay out of custody before a determination of guilt or innocence. Imposing bail means defendants don’t have to wait in prison while awaiting trial. It reduces overcrowding in jails.

Schedule

A bail schedule refers to the required monetary amounts associated with specific crimes in a jurisdiction. State laws determine what is appropriate for each crime. Judges are normally allowed to exercise some discretion in increasing or decreasing bail amounts from the standards the law sets, depending on the individual circumstances of a case.

Conditions

Courts weigh several factors in the determination of bail. These include flight risk, family obligations, income and assets, seriousness of the crime, criminal history, public safety, and community connections. Besides money, bail often comes with additional limitations imposed on the defendant. Any violation could force them into custody to await trial and the immediate forfeiture of the bail amount. Such limitations include conditions on pretrial check-ins, no-contact orders, employment, travel, firearms, and substance use.

Types of Bail

Prison guard escorting an inmateDepending on the state, a variety of bail types are available to the defendant. They can provide a cash bond, a personal recognizance, an unsecured or secured bond, or a surety bond to the court. If the defendant is unable to pay, someone else may do so on their behalf.

For example, bail bonds or surety bonds are payments that bail bond agents provide for a defendant. The defendant pays a fee about 10-15% of their bail amount and the agent acts as a surety to the court. If they fail to show up on required dates, the agent will have to pay the full bond fee to the court.

Return of Bail Money

As bail isn’t imposed as a form of punishment, bail money is returned if the defendant complies with all terms and conditions. Upon the conclusion of the case, the bail amount is repaid to the payer. However, the courts normally keep a small amount of as an administrative fee.

On the other hand, bail money is forfeited to the court if the defendant breaks any of the bail conditions or does not show up on their trial date. The defendant may petition the court for a reinstatement of bail and a return of bail money if they can prove they had a good reason for breaking the conditions, like having a medical emergency.

Defendants choosing to put up bail can mitigate their risk of serious financial loss by complying with the conditions imposed by the court.

1031 Exchanges: What is & The Role of Qualified Intermediaries

contract to buy and sell residential real estateYou know it, 1031 exchanges are among those subjects that are seemingly difficult to comprehend fully. But, that is no reason to leave 1031 exchanges to chance. It is imperative that you consult an expert in this to sift the correct information from the much that you have read online or in hardcopy publications. Replicate in this the due diligence that you perform during replacement, agricultural and diversified property searches, and tax exchanges. So, whether you are doing this as an individual of you are representing your company, consultation is a key element here.

Most importantly, consult your financial advisor to determine the tax deferral strategy that will suit your circumstances best. It is here that they should explain to you the basic rules well pursuing 1031 exchanges and the role you can play, which, typically, will cover:

Understanding 1031 Exchanges

Usually, 1031 exchanges allow investors to sell appreciated assets and defer any tax payments from capital gains. Ideally, the law provides that when, in this time, you acquire other replacement properties. You, however, need to note beforehand that the assets here can only include investment properties. Any asset that is not a real estate investment does not qualify you for 1031 exchanges.

How Much You Can Save Here

How would it be if you would keep your entire equity from your investment property? That is not impossible. With 1031 exchanges, if you follow the right procedures, you can retain 100 percent equity of your assets. Otherwise, you would have required to pay about a third of your capital to cover rental tax. But, as you have just read, there are stringent requirements to meet this criterion. There is immediate help, though.

analysis report business conceptThe Place of Qualified Intermediaries

Your financial advisor will, most probably, require the services of a certified qualified intermediary to process your assets for 1031 exchanges. The QI, which you might hear your advisor refer to as their accommodator, will facilitate all internal revenues to align with codes for 1031 exchanges. They have the required educational background to understand the interplay finance and tax and law. And, you do not have to look very far to find one. Unless you are in Nevada, your state probably allows hiring anyone that has the professional experience in this field.

But still, cheap is relative here. Typically, the administrative fee that your qualified intermediary will charge is about $1,000. And, that is only for evaluating both the relinquished and replacement properties. Well, that may seem a lot initially; but, why not pay this set-up fee if it will save you the much you pay in rental tax?

As a property investor, it is advisable that you structure your sale and purchase transactions properly. How well you do that will determine how fast your quality intermediary can help you in qualifying for 1031 exchanges. S/He will only require facilitating legal documentation to ensure you comply with your local regulations on 1031 exchanges. And, while your financial advisor can recommend a QI for you, take it upon yourself to research in-depth to determine whether they have the experience to handle your situation.

What Can a Criminal Lawyer Do for You?

Criminal Lawyer

Criminal lawyers defend people, organisations, and other entities from crimes they have been charged with. From simple crimes like driving under the influence to more serious ones like fraud, they are the ones who are tasked to aid a defendant from pre-trial to trial. Below are the major duties of a criminal lawyer. The information will help you in case you are looking for a criminal lawyer in Townsville.

General Duties

Generally, criminal lawyers investigate the facts of the case and interview witnesses as well. They have to look into case law, related statutes, existing crime codes, and the legal procedures required by the trial court. To defend a person or entity from a charge, a criminal lawyer is tasked to create a defence strategy. He may also make negotiations with the prosecuting team for a plea bargain to reduce the charges. He has also a duty to draft, file, and argue motions and appeals before, during, and after trial.

Pre-Trial Duties

During pre-trial, criminal lawyers help a person who is being questioned by instructing him on how to answer so as not to reveal any incriminating information. He can also convince a court to drop charges against a defendant due to insufficient evidence or improper procedure. More so, he can also ask the court to lessen bail or waive the bail completely.

A criminal lawyer can help a defendant find ways to get a more acceptable sentence. If in case a defendant is expecting that he will be found guilty of a crime, he can enter into a plea bargain with the prosecuting team. The plea bargain is an agreement made by the two sides to reduce a charge into a lesser crime. It is also made to reduce the time spent in jail.

Trial Duties

criminal trial defendant attorney

During a criminal trial, a criminal lawyer’s duty is to analyse your case as a defendant. He identifies the strengths and weaknesses emanating from the case by reviewing case facts, dissecting findings of the police, and looking for loopholes or potential lapses. If the defendant can present witnesses, the criminal lawyer interviews these witnesses to produce a more solid defence.

From the gathered information and the judicious study of the case, the criminal lawyer can now work with the defendant to develop a defence strategy. While a defence strategy is never an indication that one will get the best outcome possible, it gives the defendant a chance to have his say and be heard. Aside from the defence strategy, the criminal lawyer can discuss with the defendant about the advantages and disadvantages of pleading guilty, particularly if a plea bargain can be made available. Other key duties of a criminal lawyer during trial are helping a defendant in how a trial goes, making opening statements and securing an appeal.

Being charged with a crime is a tough undertaking. However, this can be eased by a criminal lawyer. A criminal lawyer is a defendant’s voice during the entire legal process. He acts reasonably to make sure that you get the best result from the case you are being charged with.