Law

The Differences Between Hard Evidence And Circumstantial Evidence In Criminal Law

When facing a crime of any kind, the court may gather evidence to use to arrest you for the crime and to charge you with it. The evidence the court has can play a role in the outcome of your case, and because of this, it is important to understand the differences between hard evidence and circumstantial evidence. What is hard evidence? Hard evidence is the type of evidence that actually proves that a person was at a crime scene or that he or she committed the crime in question.

4 Common Misconceptions About Auto Accidents

Hopefully, you'll never be in a situation where you've been involved in an auto accident and need legal guidance. Unfortunately, auto accidents happen way too often--and there's always a chance you'll be involved in one, no matter how careful a driver you are. The good news is that you can protect yourself by being educated on some of the most common misconceptions drivers tend to have following an accident. Insurance Will Cover Everything

Ways Defendants Get Their Criminal Cases Dismissed Before Their Arraignments

When you get arrested for a crime, the first hearing you must attend is called the arraignment hearing. This is the standard due process for all criminal cases, but there is a chance you will not even have to attend this hearing. The only way this could happen is if you could get your case dismissed beforehand. Getting a criminal case dismissed is not easy to do, but there are times it happens, and here are some of the ways defendants are able to do this.

What Is A Car Accident Doctor And Why Should You Visit One After An Accident?

One of the most common pieces of advice people receive after a car accident occurs is that they should go to the doctor to get examined and checked out. While this is a great piece of advice, you should know that there are special types of doctors around that are the best to use after car accidents, and these doctors are called car accident doctors. Here are several important things to know about car accident doctors and why you should see one after you go through an accident.

Disability Insurance: Private Vs. Government

If you are injured in an accident or fall ill and are unable to work as a result, you're going to need payments from a disability insurer to replace as much of your lost income as possible. Two main types of insurance programs are involved in these situations: private companies and government programs. Here is a look at these two types of insurers and how they interact. SSDI The main government program for disability insurance that is not related to an injury on the job is the Social Security Disability Insurance program, typically called by its acronym, SSDI.

5 Reasons You Need A Corporate Lawyer

As a corporation or big company, it's important that you always have your affairs in order. You need processes in place in case anything ever goes wrong. It's a good idea to hire a corporate lawyer as soon as you can so that you have one to represent you for any of your legal needs. Here are some of the reasons as to why you need a corporate lawyer:  Get Legal Guidance

The Timeline For Settling Your Car Accident Case

One of the top things you might be wondering about your car accident case is how long you should expect it take before you settle and receive your check for the compensation you are entitled to. Unfortunately, there is no set answer for this question, as the answer will depend on many different factors. Here is a timeline of how a case is settled, and this may help you determine approximately how long it will take to settle your case.

Understanding Social Security Disability Representative Payees

When a worker becomes too ill to work, they might apply for Social Security Disability Insurance (SSDI). The amount provided by the Social Security Administration (SSA) allows those not able to work at their jobs with a small income to pay for the expenses of living. Unfortunately, some SSDI recipients are unable to properly deal with the financial benefits of SSDI. Read on to learn more about Social Security representative payees.

Playing Your Bankruptcy Wildcard

If you are thinking about filing for bankruptcy, exemptions play a considerable role when it comes to keeping property. Every state allows chapter 7 bankruptcy filers to use a certain dollar amount to exempt property from seizure. Once a property is exempt, the bankruptcy trustee cannot take it from you to help pay off some of your debts. Most filers are so concerned about losing property that they may put off the financial relief they need for far too long.

Divorce And Residency Issues: What To Know

If you and your spouse have exhausted your options to work it out and stay married, divorce is likely on your radar. The issues of who files first and where the divorce gets filed can play a part in the divorce proceedings, and this is one area that divorcing couples should know about ahead of time. To learn more about residency requirements for getting divorced, read on. State residency requirements

4 Tips To Make Things Easier For Your Beneficiary When You Pass Away

Right now, you might be working on setting up your will and otherwise making final arrangements. You might have also chosen a beneficiary. If this is the case, then there's a good chance that the beneficiary that you have chosen is someone who you really care about. You probably do not want for things to be any more difficult for your beneficiary than necessary when you pass away, but you should know that handling a person's estate after they die can sometimes be quite challenging.

3 Big Mistakes You Shouldn't Make When Out On Bail

Bail bond companies exist for one purpose: they help people get out of jail and keep their lives on track while they're waiting on a court date. Bail bonds make it possible for people of ordinary or reduced means to remain employed, take care of their homes and families, and work with their attorneys more easily while their cases are pending before the court.  However, people often make mistakes after their out on a bond that put their freedom back on the line.

Get A Patent For Your Invention: The Steps You'll Need To Follow Before Your Copyright Creation

Have you come up with a fantastic invention? It may be like nothing you've seen or heard of before and it may be something you believe will benefit a large group of people, making it worth the investment to have it trademarked before someone else could potentially copy your idea and get credit for it. If you don't know how to patent an invention and everything seems a bit complicated, it may be helpful to hire a patent attorney or law firm like Lingbeck Law Office to help.

Red Workers' Compensation Flags To Watch Out For

When you get hurt on the job, you can count on your employer's workers' comp to cover you for your injury; or can you? In most cases workers' comp does exactly what it is expected to do: it pays for your medical expenses and provides you with a partial salary until you can return to regular duty. Unfortunately, some situations require you take more steps; legal steps in, fact. Read on to learn about some situations that may require you seek help from a workers' comp lawyer.

Why A Lawyer May Turn Down Your Case, Even If It Has Merit

Accident victims generally assume that car accident lawyers can only reject their cases that don't have merit, but this isn't true. A lawyer can reject your case even if it is clear that you have been injured due to another person's negligence, and you have a legal basis for your claim. Here are some of the reasons a lawyer may reject such a claim. The Defendant Can't Afford Your Damages

Two Reasons The IRS May Reclassify You As An Employee

As an independent contractor, you work for yourself. However, there are times when the IRS may attempt to reclassify you as an employee when the agency does an audit on a company you work for. This can have significant consequences for your own business taxes if this happens, and you may actually lose the client because the company doesn't want the headache of treating you like an employee in the future.

What Happens If You Don't Get A Lawyer For A Car Accident?

The issue of whether to hire an automobile accident lawyer crosses most people's minds when they are starting to realize that they are hurt and will need to pursue legal action. On one hand, the lawyer will get a portion of your settlement if you bring them on board. On the other hand, you'll find that many things can happen if you don't hire a lawyer. What will it look like without a lawyer?

When The Fur Flies: Pet Custody And Divorce

Most people consider their dog, cat or other pet to be part of their family, and the fight over who gets custody of that pet can be just as contentious as that of a child. When both the husband and the wife think they are entitled to pet custody, how does the judge decide? You may be surprised to find out that the law sees your fur-baby drastically differently than you do.

Planning Your Estate? Why You Should Designate A Probate Attorney

It's always a good idea to plan your estate. Not only does it give you the opportunity to lay out your burial wishes, but it's also a good way to ensure that the things you've acquired go to the people who mean the most to you. As you're planning your estate, you may believe that just putting everything in writing is sufficient enough to make sure that it gets done. However, if you want to increase the chances that your desires will be enforced, it's a good idea to work with a probate attorney.

Get A DUI In Your Community? Fight The Charges To Save Your Kids From Embarrassment

Drinking and driving doesn't just get you in legal trouble, but if you're a parent it can really upset some of the other parents that your kids are friends with. The other parents may not want their kids riding around with you, or they may have an altered opinion of you because of the charges. If you have currently been charged with a DUI and you aren't sure how you can try to get the charges reduced, or how you can have them dropped all together, you need a DUI legal professional.

What Happens If You're in a Car Accident with a Federal Vehicle?

What happens if you're in an accident with a car that's owned by the federal government? If you live or work anywhere near a federal building, the odds are good that there are at least a few of those types of cars on the road, and accidents do happen. Normally, the federal government enjoys what is known as the right of "sovereign immunity," which prevents people from suing the government for the negligent acts of their employees—which is the direct opposite of how things normally work in the private sector.

Charged With A DUI? Why An Attorney Is An Absolute Must-Have

Being charged with a Driving Under the Influence (DUI) offense can be quite scary.  Even if you've dealt with other moving violations before, you may have never had to face up to a charge that can carry such stiff penalties.  Although you may be thinking about fighting it out in court by yourself, it may be a better idea to hire a skilled attorney.  Use this information to learn more about why it's absolutely imperative that you hire a DUI lawyer as soon as possible.

Questions To Ask When Hiring A Criminal Defense Attorney For Your Traffic Case

When your fate is in a criminal defense attorney's hands, you want to make sure that you ask enough questions to feel confident that the lawyer has enough experience and talent to win your traffic law case. Here are some questions that you can ask of any criminal defense attorney before you hire them for a traffic law violation.  What Similar Cases Have You Worked On? One thing to know is what cases they've worked on in the past that resemble your current situation.

How To Tell If You Are Living Beyond Your Means

Delinquent debt and significant financial burdens can contribute to an overwhelming sense of hopelessness and failure. In order to get out from under crushing financial pressures, many people opt to take advantage of the fresh start that can be provided by filing for bankruptcy. While bankruptcy can be a beneficial tool when it comes to restoring financial health, if you fail to change your spending habits then you will find yourself right back in debt in the future.

Why You Need a Lawyer When You Get into an Auto Accident

Car accidents are often a traumatic experience. If your accident is not traumatic due to the potential injuries you sustained, it may be due to all the paperwork and battling with insurance companies. Dealing with medical bills, car repairs, lost wages, and insurance claims can all be too much for one person to handle after an accident. That's why a lawyer can help make everything go smoothly for you due to the following reasons.

Aggravation and Mitigation: How They Add or Subtract From Your Sentence After Conviction

If you make a deal with the prosecution to plead guilty to a crime, part of the deal usually includes an agreement of some sort about your sentence. If you go to trial and get convicted, however, there can be a big gap between what the prosecution wants your sentence to be and what your defense attorney thinks is fair. That's where the court has to end up weighing any aggravating and mitigating factors that might increase or decrease your sentence.

4 Mistakes To Avoid After Being Injured At Work

An injury at work can be a hassle, and it can even turn your life upside down if you are seriously injured. Employers are required to carry workers compensation insurance to protect employees if they are hurt on the job. However, there are steps and procedures that must be followed in order to have a workers compensation claim approved. If you've been seriously hurt at work and need to file a workers compensation claim, avoid the following common mistakes:

Filing For Disability Benefits For Your Bipolar Teen? Here Are Two Important Tips To Follow

Bipolar diagnosis is becoming more common among teenagers—at least one study indicates that a little more than 2% of teens from the ages of 13 to 18 meet the criteria for diagnosis within a given year. Filing for Social Security disability for your teen can provide income and medical coverage that you desperately need in order to help your teen get treatment, but the process isn't always easy. Here are two important tips to help.

Make Sure You Talk To The Right People After You Get Arrested

If you have been arrested, there are a number of things that you are going to need and people you are going to need to talk to. Talking to the right people will help get you out of jail while you are waiting for any possible trial, and may help keep you out of jail altogether.  Lawyer When you are read your rights at your arrest, one of the things you are told is that you have the right to have an attorney present.

Getting Divorced? What You Should Know About Spousal Support

When you are getting a divorce and are the sole income earner in your marriage, you might be responsible for paying spousal support. Depending on where you live, the rules regarding spousal support and when it is required can vary quite a bit. However, the following information about spousal support seems to be true across the board. There Are Different Forms of Spousal Support Instead of just one type of spousal support, also called alimony, there are typically a few different types depending on where you live.

3 Reasons A Petition For Paternity Is Better Than An Acknowledgement Of Paternity

If you are the father of a child and were not married to the mother at the time of the child's birth, then in most states you will not have legal rights nor obligations to the child. However, there are several ways that you can gain legal rights to the child, including physical or legal custody, visitation, and the right of notice in case the child is put up for adoption.

Questions To Ask Before Hiring A Criminal Law Attorney

Have you or someone you know been accused of a crime that you or they didn't commit? Are you in need of legal representation, but you're not sure how to go about finding a good lawyer? Picking out a good attorney can seem complicated, especially if you've never had to find one before. Fortunately, there are a few things that you can ask when speaking to a lawyer for the first time that will help you narrow down your search.

What Can You Do If You Believe The Judge In Your Lawsuit Is Biased Against You?

Donald Trump has recently taken to the airwaves to complain that he feels that the judge presiding over a civil case leveled at him is blatantly unfair and biased. That's not an uncommon thing to hear alleged, especially when the tide of rulings seems to be going against one side or the other. However, sometimes a case doesn't even get started before there's questions about the judge's ability to be fair and impartial.

Thinking About Renting Your Home? Consider These 3 Things First

If you're looking for a way to supplement your current income, you may consider renting out your extra property rather than selling it. However, before you commit to doing this, there are a few things that you'll want to consider. Rental property can be a headache sometimes, so you will want to ensure that you know what you're getting yourself into. 1. What Is the Current Condition of the Home?

Tips For Preparing An Auto Accident Lawsuit In Hawaii

Lawsuits can be excellent tools for securing the compensation that you deserve. If you were in a car accident, then you might be dealing with some pretty hefty financial burdens that were completely the fault of the other party in the accident. If you believe that that is the case, then a lawsuit might be the perfect opportunity for you. In order to figure out whether that's the case, you will want to acquaint yourself with the specific laws of your state.

Do's And Don'ts Of Settling Your Workers' Compensation Claim

If you were injured at work, then it is important for you to follow these do's and don'ts to ensure that your workers' compensation claim is settled without any unnecessary hassles: Do make sure that you notify your employer of your on-the-job injury as soon as it happens. In most cases, you can seriously damage your case if you don't report your injury in a timely manner, often within a few days.

Questions To Ask During Consultations With Personal Injury Lawyers

If someone has injured you, your injuries may affect your ability to work and take care of your family. You might want to file a lawsuit against the person who is responsible for what has happened to you, but you might not know how to do so. A lawyer can guide you through this process, but it is important that you find out the following information before paying a retainer and hiring an attorney to work on your behalf.

How Does A Same Sex Divorce Work?

In today's society, divorce is an inevitable eventuality of many marriages. This is also likely to include many same sex marriages. But is the law on same sex marriage the same as the law on traditional marriage? Same Sex Divorce In States Without Same Sex Marriage Not all states have laws on the books recognizing same sex marriage. This also means that they don't have laws on the books recognizing same sex divorce.

What Do Children Understand About Divorce? It Depends On Their Age

Divorce is one of the most disruptive times in a child's life and depending on the actions of their parents, it can be a traumatic time too. Children often feel sad, angry, anxious, and sometimes feel like it was their fault that their parents are splitting up. What do children really understand about divorce? It really depends on their age. Toddlers to Pre-Schoolers Children of this age don't understand divorce at all.

The Road To A Successful Disability Claim

If you are thinking about filing for disability, then there are several things that you will need to do. Furthermore, you will need to meet some specific criteria, pertaining both to you and your injury. To help you get started, here is a rough outline of the road ahead: What are the criteria for filing? At a bare minimum, you need to be older than 18, not currently collecting your own Social Security benefits, and unable to work.

Tips For Talking To Your Children About A Custody Dispute

Getting a divorce is not easy on any level, and undoubtedly the most difficult part of it all is trying to find a way to co-parent with someone you may no longer even like. No matter what arrangements you hope to make regarding your children, it's important to speak to child custody lawyer regarding your unique situation and what you should do from here. If a custody dispute occurs, which is often the case, you need to decide from the start exactly how you will discuss it with your children.

Can't Obtain Spousal Support From Your Ex? 2 Financial Assets You Should Know About

If you're an older divorcee whose ex-spouse refuses to pay you alimony, you may wonder if there's anything you can do to obtain your support. Spousal support is designed to help divorced people meet their living expenses when they don't make as much as their ex-spouses. Family law judges generally order spousal support before the divorce ends. However, your spouse may try to avoid their financial obligations to you, even with the order in full force.

Tips For Getting Short-Term Social Security Disability After A Car Accident

Getting into a car accident can create a surplus of problems in your life, including losing your ability to work. If you were injured severely and will not be able to return to work for a long time, you might be able to file for short-term Social Security disability benefits. These benefits are designed to help people that are disabled and unable to make money, but getting approved is not always an easy task.

Filing A Quid Pro Quo Harassment Claim

Sexual harassment at the workplace can affect your ability to function optimally and make the work environment very hostile, so you should certainly take action against it by reporting your harasser to your boss. Unfortunately, the person who is sexually harassing you at work may be your manager/employer, or an individual who is in a position of power in the organization. This form of sexual harassment is often referred to as 'quid pro quo' harassment, which is Latin for 'something for something.

3 Shocking Truths About Squatters's Rights

Whether you own a vacation home that sits unattended for months on end or are in the habit of inviting house guests into your home for lengthy visits, it's important to have a clear understanding of squatters and the rights they possess. Below are three shocking truths about squatters's rights that you may not have known. 1. Anyone Can Become a Squatter While the word "squatter" may conjure up a certain image of a drifter taking up residence in an abandoned home or property, it's important to understand that anyone can become a squatter, even house guests.

Social Security Disability And Residual Functioning Capacity

Social Security Disability Insurance (SSDI) was put in place to help people who can no longer work, but who have worked in the past. The Social Security Administration (SSA) defines work not only as the job you have been doing up to your point of illness or injury, but any type of work at all. For example, if you can no longer lift heavy boxes due to a back injury, you may be able to do some light assembly work.

3 Things You Should Know about No Fault Divorce

The no-fault divorce can help many people who are seeking to dissolve their marriage with as little hassle as possible. Sometimes, hassle-free isn't always the way no-fault divorces happen. It's still a divorce, and as such, there are a few things you should know before you attempt one. 1. No Fault Divorce Law Varies by State People read about no-fault divorces and think that what they read applies across the board.

Workers Comp Or Personal Injury? Depends On Who Did It

Being injured on the job can be a scary experience. Injury can be accompanied by confusion about how the injury occurred, who may be at fault and how your career may be affected. As you recover, it's important to have some guidance on what to do next as the pressure to make statements and signatures escalate. If you don't have legal representation, don't sign a single thing until you've thought about your options and consulted a legal professional.

Current Custody Orders Not Working? 4 Reasons Why They Might Need Modification

If you have children, custody and support issues might be the most difficult part of your divorce. If you and your spouse aren't communicating well, or the divorce is not amicable, you might need a judge to intervene in the final custody and support orders. Once those orders are in place, it's important that you honor them to the best of your ability. However, there may be a few reasons why you need to go back to court to modify those orders.

Having A Pool Party? Prevent A Lawsuit With These 4 Tips

Summer is a wonderful time to throw a pool party. However, pool parties can result in some major injuries, which means liability for the owner of the pool and the person throwing the party. So, before you throw a party, you need to know what it takes to prevent a lawsuit. Plus, this information may come in handy in the event that you head to a pool party at someone else's home and get injured.

Protect Your Interests Through Engagement And Information - Questions To Ask Your Divorce Attorney

Going through a divorce is generally a very difficult and emotionally damaging time. No one goes into a marriage with the expectation that it will end, but if you find yourself in a situation that can't be recovered from, it's important that you take steps to make sure your interests are protected and your finances are secure. Below, you'll find a guide to some questions that you should be sure to ask your divorce attorney.

Mistakes In Staircase Design That May Lead To Injuries

Proving fault in a slip and fall accident requires you to establish that a dangerous condition existed, the owner knew about it, and he or she did not do anything to prevent it. You can only do this if you have a thorough knowledge of the dangerous conditions. In the case of a slip and fall accident on a staircase, possible dangerous conditions include: Improper Width  The state determines the proper staircase width that ensures the user's safety.

3 Reasons Bankruptcy May Not Work For Your Situation

It's comforting to most people to know that the law offers financial protections for people who have made mistakes or had unforeseen bad luck. Bankruptcy is a tool that has saved many people from financial ruin, and it has helped many get out from debt that would otherwise never be paid off. If you are in a tough financial situation and looking at bankruptcy as an option to fix your problem, there are three reasons you should should consider a different solution.

10 Vital Facts About Asbestos And Your Personal Injury Claim

If you have been exposed to asbestos in your work place, you should know that you may be entitled to seek compensation from the employer responsible for the exposure. Asbestos is a dangerous workplace environmental hazard that has been shown to cause several different types of lung diseases, including cancer. Read on for 10 important facts about asbestos and getting compensated for your exposure. Even if your exposure was years ago, there are exceptions to the statute of limitations that protect your right to file a claim.

What to Consider & Include in a Business Succession Plan

Planning your retirement from a business you can cause some mixed emotions, so it would be only natural to want to put it off as long as possible. However, it will be less stressful at the time of your eventual leave-taking if you start planning for it now to your desires legally binding. Succession to a Family Member It would be natural for you to want to keep what you started within your family's control.

What You Need To Know When Filing For Social Security Backpay

If you have been injured to the point that you can no longer perform your old job, you are entitled to receive Social Security benefits to compensate for your inability to work. If you think that you might be entitled to some benefits, you should consider making a claim or at least consulting with a lawyer. Before you begin the process, there are certain things that you need to know. 

4 Things To Consider Before Legally Separating From Your Spouse

Many couples separate to figure out if their relationship is still worth saving. If you are thinking about separating from your spouse, then you should draw up a legal separation agreement with a divorce attorney. Many couples have children, joint bank accounts, a home together and other financial interests. You have to protect yourself while living apart from your spouse. Here are four things to consider before taking a break from your marriage.

3 Reasons You Can Contest A Will

Regardless of what you see on television, wills are not usually contested. Contesting a will is a difficult, uphill battle that could take months, or even years, to win. However, this does not mean you should not consider challenging the contents of a will. If you are thinking of contesting a will, here are some of the most common reasons for doing so. Mental State The mental state of the deceased is one of the first areas that should be examined when considering contesting a will.

Don't Fall For Common Insurance Adjuster Tricks

Insurance companies do want to give you as little money as possible when they compensate you for a car accident. This is how they remain profitable. To get the best settlement possible out of them, you will need to make sure that you do not fall prey to one of their tricks. They Are Not On Your Side Insurance companies will usually be very friendly and professional with you. However, this is a ruse to increase the chances that you'll accept a lower settlement amount.

The Special Tools Of Chapter 7 And 13 Bankruptcies

When your finances have become unmanageable and it is apparent that you need to file bankruptcy, there are some aspects of filing that will help you to cope. These things may also enable you to have time to get your financial footing again, eventually. The Automatic Stay From the minute you file with the court clerk, you will be protected from your creditors with the automatic stay. Any actions such as evictions, foreclosures, and garnishments that they are in the midst of taking would be stopped until after your discharge, and many of these issues will be taken care of through bankruptcy.

Avoid Lapses In Judgment That Lead To Bail Being Revoked

Although a criminal defense attorney has secured your release from jail pending trial, you should remain concerned about being remanded back into custody. Violating the terms of the release could lead to either your bail or any decision to free you pending trial being revoked. Committing a "small" crime or infraction becomes a serious matter when the judge finds out about it. So, avoid making common errors in judgment that could land you back in jail.

Can You Receive Workers Compensation For Partying?

The office holiday party can be the high point of your year -- especially if it involves the receipt of an annual bonus. But what happens if you're injured at (or while leaving) a holiday party hosted by your employer? Will your workers compensation cover this injury even if it did not occur on company property? Read on to learn more about how workers compensation applies to out-of-the-office injuries. Does workers compensation cover out-of-office injuries?

What Type Of Company Should You Form For Your Small Business?

If you're planning to launch a business, you've probably already put a great deal of time and effort into finding the perfect name, location, and other details. But one of the most crucial factors in the success of your business is the legal structure that underpins it. Business law can be complicated; what type of corporation should you form for your business? If you choose a less advantageous corporate structure, can you change this later?