Monday, September 27, 2010

Trustee Fees: How Much is Enough and How Much is Too Much?

I am often amused by the ads and offers I see concerning
living trusts.

Almost always, one of the big sales pitches is how a living
trust will save th*usands of doll*rs in "nasty" probate fees.

This leads the consumer to believe that you pay for probate,
but living trusts are "fr*e." (that is, after you've paid the
promoter to set one up for you).

Not so.

Here's an email I received from one of my subscribers
(she has given me permission to discuss her question in this
article):

Hi Phil,
My mom passed away recently and my sister is 1st trustee.
She claims she gets 10% of my mom's estate as 1st trustee.
Is this true? What is the normal fee for 1st trustee?

Great question. Often one of the biggest, if not the biggest,
areas of dispute between children or heirs after a death occurs.

What is a trustee fee? How is it calculated? Are there other
fees?

If you have a trust and don't know the answer to these questions,
I think the proper thought is "Uh-ohh!"

OK, let's have a quick review of trustee fees.

First let's make a distinction between the times a trustee may
be called upon to act.

Remember, one of the best uses of a trust is to manage the
assets of someone who is incapacitated. My best friend and
his sister have been managing their mother's affairs (as
trustees) for the last 10 years. Mom is 95, in decent physical
health, but has advanced Alzheimer's).

Let's save the discussion of trustees fees charged for
managing an incompetent's estate for a future article. Let's
get down to answering the above question.

Here it is again:

Hi Phil,
My mom passed away recently and my sister is 1st trustee.
She claims she gets 10% of my mom's estate as 1st trustee.
Is this true? What is the normal fee for 1st trustee?

Basically, the question is "How much can a trustee charge to
handle an estate after a death?"

How do we answer this?

First, we have to look at the trust instrument.

Most competently drawn trust instruments will have a section
that deals with trustee fees.

The better ones are fairly specific and make a distinction
between acting as trustee while the beneficiary is alive, but
incompetent, and acting as trustee after a death has occurred
(similar actions to what an executor performs through a probate).

So, first, we look to the trust instrument. Often it will specify
a fee. Sometimes it will say .75% to 1.25% of the total value
of the assets being managed and transferred (since this is the
typical fee charged by the professional trust companies run by
many banks).

In fact, let's see what California law tells us about trustee fees
(every state will have a statute, go to your county law library
and ask the law librarian to help you look it up).

In California, the law of living trusts is contained in the
Probate Code. Here is what Probate Code Sections 15680-82 tells us:

15680. (a) Subject to subdivision (b), if the trust instrument
provides for the trustee's compensation, the trustee is entitled
to be compensated in accordance with the trust instrument.

(b) Upon proper showing, the court may fix or allow greater
or lesser compensation than could be allowed under the terms of the
trust in any of the following circumstances:

(1) Where the duties of the trustee are substantially
different from those contemplated when the trust was created.

(2) Where the compensation in accordance with the terms
of the trust would be inequitable or unreasonably low or high.

(3) In extraordinary circumstances calling for equitable
relief.

(c) An order fixing or allowing greater or lesser compensation
under subdivision (b) applies only prospectively to actions taken in
administration of the trust after the order is made.

15681. If the trust instrument does not specify the trustee's
compensation, the trustee is entitled to reasonable compensation
under the circumstances.

So to answer the question, we have to find out what the trust
instrument says. If it is silent, then Section 15681 tells us the
compensation is to be "reasonable compensation under the
circumstances."

What is reasonable under the circumstances? If it were me,
I would gather up the brochures of the various bank trust
departments in the area to determine their rates. Where I
live, the fee is .75% to 1.20%, depending on the size of the
trust and the type of assets. The minimum is $5,000.

So, it looks like the answer to the question is that if the
trust instrument says the 1st trustee is entitled to 10%
compensation, then she may be. However, if it doesn't then the
amount to be charged must be reasonable.

And, even if the trust instrument said 10%, I would seriously
consider asking a court to change the compensation per
15680 (b) (2) that allows the court to change compensation
"Where the compensation in accordance with the terms of the trust
would be inequitable or unreasonably low or high."

This article needs to be continued since we haven't even
touched on the big m*ney m*ker for trustees and attorneys,
"extraordinary fees."

Good luck and until next time,

Phil Craig

P.S. Feel free to forward this on to any friends.

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© Phil Craig, All Rights Reserved

http://www.LivingTrustSecrets.com

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Sunday, September 26, 2010

Probating a Will

A probate is, in very simple terms, a court certification that the will is valid. Probating a will is not always necessary, but it almost always is for more complicated wills. It is a good rule of thumb to probate a will, as it can help avoid speed bumps later on in administrating the estate and following the instructions of the will.

One of the main reasons people probate a will is if they have to interact with financial institutions. If all your money is in a bank when you die, it is unlikely the bank will hand over the money to someone who claims to be the executor of the estate, as if this person was not supposed to get the money the bank can be held liable. However, if the will has been probated then the financial institution cannot be found liable. And we all know how cautious banks are about liability, especially in today's global recession. You also have to probate a will if you are dealing with real estate or stocks in companies.

Therefore, in reality, if the will is not probated the deceased's assets are basically all frozen.

So how come it isn't always necessary to probate a will? Well, in some cases the executor of the estate already has access to all of the deceased's assets. The common case of this is when the spouse of the executor of the estate. The spouse would presumably have access to all bank accounts and finances, and because of this the will would not need to be probated.

If all the i's are dotted, and the t's crossed, then usually it takes a couple of weeks for a will to be probated once the documentation is filed. But filing out all the papers can take quite a while. It varies from jurisdiction to jurisdiction, but sometimes the papers can take weeks to fill out as it might require lists of all of the deceased's assets, and the value of the assets.

There are taxes on probating a will too! In Canada, probate taxes can be as high as 1.5% of the assets distributed through the will! The probate tax in Connecticut can be up to $12,500.

Reducing probate tax is a part of an estate plan, but it shouldn't be the main part. There's only so much you can do, so don't get carried away. A lot of schemes to reduce probate tax can end up causing trouble while you're still alive, like naming family members of beneficiary in the will as joint owners of property. That might sound like a good idea, but what if the new joint owner has some credit problems? Now the creditors can go after your property!

What you can do to avoid probate taxes varies a lot depending where you are, and if you believe probate taxes are a big issue you should talk to a professional.

So now you know what a probate is, and what it's for, but how do you actually probate a will? Well, just like everything else with probates it varies from place to place. Wherever you live there is probably a "probate kit" which will help you file the necessary documentation, and will cost you around $100. There are usually probate offices or surrogate courts, and if all else fails and you don't know where to turn to, talk to the lawyer who drafted the will.

Probating a will might have some costs associated with it, but a lot of the time it's necessary. If you don't know if it's necessary or not, talk to a lawyer or the probate office.

Saturday, September 25, 2010

Criminal Records Search Through Public Police Records

We tend to just passively enjoy the conveniences and services rendered by the Police. Actually, we can greatly benefit from their Public Police Records if we were more proactive. It's easy to search public police records and if we do that any time we are uneasy about someone, there's no doubt that a great many crooks would have been spotted long before they could strike.

Police are renowned for their record keeping. It is standard police procedure to put into records all interaction with the public and it is estimated that 30% of all Americans will have some form of police records in their lifetime. Public Police Records are not limited to just criminal violations either. They include administrative and other civil matters such as address change, firearms permit, household accidents and so forth.

Public Police Records are governed by state laws. Hence, there are variations in the way they are administered. The general practice though is that the direct ownership of this function comes under the respective police departments. That being said, these records are uploaded onto the respective central repositories of each of the states.

Being public records, anyone has the right to access, view and make use of anybody's Public Police Records as long as rules and regulations are observed. They are obtainable directly from the local police department if the exact residence of the subject is known. If not, they can still be requested from other state agencies responsible and authorized for it.

To some extent, Public Police Records are already in routine use, at least in official circles. It is commonly used in large corporations in appraising and screening both potential and existing employees. It's also a standard procedure with many voluntary welfare organizations to run through Criminal Records Search in the assessment of their volunteers. Without doubt, they can be just as handy in private use.

Providing Public Police Records is a public service and is usually granted free of charge. Administration fees are charged at some public offices for this purpose but the amounts are typically nominal. Free Public Police Records can be requested by mail, walk-in, telephone, fax or most popularly nowadays, online over the internet from the various government offices or even some private websites offering it as a fringe service.

The problem with Free Public Police Records is that they normally entail queuing and waiting time. That's why the paid-version from commercial records providers is popular when time is of the essence and plug-and-play readiness of the records is sought. The information industry is fiercely competitive so with a little shopping, it's not difficult to find good value for money.

Friday, September 24, 2010

Sample Living Trust - Should You Use One

In my estate planning law practice I get asked all the time if it is ok to use a sample living trust from the internet.  My answer is maybe.  If your total estate tax net worth value is less than the estate tax threshold amount then you can do it yourself.

To calculate your net worth estate tax value, add the value from the following assets:


real property;
financial assets;
personal property; and
death benefits on life insurance you own on your life.

The threshold amount for federal estate tax is $3,500,000.00.  In addition approximately 19 estates have an estate tax threshold that ranges from $1,000,000.00 up to the federal amount.  If you are below these amounts and are willing to take the time to learn what each section of the trust means then you can and should draft your own document from an internet sample living trust. 

Please be aware though that many samples on the internet are just that, samples.  They fit a small population. If you fit within that box, then you will probably be fine.  If your situation is a little different then the sample living trust you are working from may not be the right option.

You should look for a product that gives you information and options and was created by an attorney.  Look for products that teach you about the trust.  Once you understand what makes up the trust document, you will be able to put it together to fit your individual facts and circumstances.

You also want a sample living trust product that gives you all of the supporting documents along with detailed information on how to fund the trust.

Going with a sample living trust can save you thousands of dollars in attorney fees but you need to take the time to understand which product is best.

Thursday, September 23, 2010

Life After DUI - Get Back to Your Normal Life!

You may be wondering what your life will be like after a DUI conviction (in US). Once convicted, a DUI on your record can greatly affect your life. Your DUI conviction record will significantly impact your future employment opportunities, auto insurance rates and driving privileges. The worst part is that the DUI will stay on your record and continues to affect all aspects of your life for at least ten years. A ten years time can make a very big difference in your life but with a DUI on your record, it can become a roadblock that stops you to move on with your life!

As I mentioned above, a DUI conviction will affect you in the following areas: future employment opportunities, auto insurance rates and driving privileges. Now let's see how it affects you in each area.

1. Employment - How a DUI affects your future employment opportunities?

Majority of jobs these days perform a background check. So you cannot hide your conviction to your potential employers. Due to this, you may find difficulty getting a job for a position that you may be highly qualified for. As a result you may lose your monthly income and despite that you are required to pay all the court fines and fees.

2. Auto Insurance - How a DUI affects your Auto Insurance?

A DUI conviction can cause your auto insurance rates to sky rocket. Sometimes your insurance company may even drop you due to your DUI violation.

3. Driving Privileges - How a DUI affects your driving privileges?

Depending on your state, your drivers license may be immediately suspended after arrest or you are required to argue your case before your license is suspended. Remember that the DMV hearing, which is known as "administrative per se" hearing, is different from your DUI court proceedings.

Get back to your normal life:

Knowing all the distress a DUI conviction can cause in your crucial areas of life, what you can do to return to your normal life?

Regarding your employment opportunity after a DUI conviction, the best option available to you is to expunge your DUI record. Once expunged you do not have to disclose your conviction on a job application. Also, you will come out clean in background checks conducted by your employers, landlords or anyone. It's like your DUI never happened. You will have no problem getting a job now. However, you must disclose your conviction to certain employers like educational institution, law enforcement agency etc.

Besides, expunging your DUI conviction record can be helpful in getting re-licensed.

As with an auto insurance rates, it all depends on your state and your auto insurance company. Mostly, you are required to pay high price for at least three years and then your rates will return to normal.

So getting back on track after a DUI conviction is possible when you know what to do and take right action.

Wednesday, September 22, 2010

Rollover Accidents Among the Deadliest in US

One of the most dangerous accidents that could happen on the road are rollover accidents. These mostly happen to SUVs because they are heavier, considering that they have higher centers of gravity compared to other vehicles. These vehicles are top heavy, and manufacturer now no longer include roll bars on the vehicles. You can simply imagine the weight of the vehicle, and how fragile the passengers are if it starts rolling over.

Usually, the injuries sustained by victims of these accidents are close to fatal, and oftentimes, even result to death. In fact, rollover accidents statistics last year would tell you that of all fatalities that came from vehicle accidents, 82% of it were brought about by rollover accidents. This clearly shows that the risk associated with such type of vehicle is much higher compared to low vehicles like sedans.

When you are on the road, it cannot be denied however that you don't have any control on the other vehicles in the area. All you can do is to take the necessary precautions, so as not to get involved in an injury. However, since through sheer negligence drivers of other vehicles like SUVs were drunk or just simply wouldn't like to notice, they would just go on and drive without any care for the world. And, before they know it, they already got involved in an accident.

Of course, drivers of rollover accidents also sustain some injuries, however, the innocent ones or victims are those that suffer the most since they are often bystanders, or those people who are simply doing nothing at the sides, yet figured in a rollover accidents. Some of these injuries are broken bones, loss of limbs, brain injury, paralysis, and oftentimes death. This is because when the SUV starts rolling over, glass, and other parts of the vehicle are most likely to get broken and hurt the passengers. The roof and the sidings can collapse on the passengers as well if ever that a rollover accident occurs.

When this happens to you, it is always imperative that you file the rollover accident lawsuit at the earliest time; if it could be possible that you file it a month after the accident, or perhaps 2 or 3 months after. The important thing is that you file it within 2 years from the time that the accident occurred. If you file it after two years, the judge may dismiss your case since it has already lapsed the statute of limitations. Although there is no one who would stop you even if you do file after the statute of limitations has already lapsed, you just need to be ready in case the judge will dismiss it.

Tuesday, September 21, 2010

Driving After a DUI - How Your Attorney Will Get Your Hardship License After Your Arrest

While the array of penalties one suffers from a DUI arrest is overwhelming, the first penalty the accused often suffers, often as quickly as ten days after the initial arrest for DUI, is the loss of the ability to drive due to a suspended license. The DMV will suspend your license within ten days of your DUI arrest if there is evidence that your BAC is over a .08, or if you refuse to submit to a lawful test of your blood, breath, or urine. This guide will detail how a DUI attorney can help you get your hardship license back in both scenarios.

How a DUI Lawyer can help you get your hardship license if your BAC was over a.08

A BAC above a.08 gets you a 6 month suspension the first time, and a 12 month suspension the second time. Your Florida DUI Lawyer can request a formal review of the suspension on your behalf, provided you hire him with within ten days of your arrest. When the DUI lawyer requests that hearing, he can obtain on your behalf a hardship permit that lets you continue to drive pending the outcome of your hearing. This is the first opportunity to get a hardship license, and it will be good for an additional 42 days.

While you continue to drive, the Tampa DUI Attorney will prepare for your administrative hearing. During that time, the DUI lawyer will obtain the police reports, affidavits, breath test inspection and maintenance logs, and all the stuff necessary to prepare for the formal review hearing. If your Florida DUI attorney can successfully argue that the police lacked probable cause for to arrest for DUI, or that the Officer did not substantially comply with the rules regulating the blood, breath, or urine test, then the administrative suspension will be set aside, and your full driving privileges will be restored.

However, if the suspension is sustained, the hardship license will be taken away, and a period of "hard" suspension will begin. A "hard" suspension is a period of time during your regular license suspension when, no matter what your Tampa or Pasco DUI Attorney says or does, no hardship license will be issued. You cannot drive (legally), period.

The length of the hard suspension for a BAC over a.08 is 30 days. At the end of 30 days, you will be eligible for a hardship permit (again), provided you can show proof of enrollment in DUI school. Your Florida DUI attorney will set up a hardship license hearing for you, hopefully on the first day that you are eligible for a hardship permit.

How a Florida DUI Lawyer can help you get a hardship license if you refuse to submit to a lawful test of your breath, blood, or urine.

Most of the same principles apply if your license is suspended for a refusal as if it was suspended for a BAC over a.08. For example, you must still get to a DUI Attorney within ten days of your arrest so your right to appeal is not waived. Then, the Attorney will prepare for your formal review hearing. Again, if he is able to win your hearing, then the license suspension will be invalidated, and your regular license will be restored. However, if he cannot win the hearing, then a hard suspension will result.

A refusal suspension carries a hard suspension of 90 days for a first refusal, and eighteen months for a second refusal. That means if you are arrested for a DUI and refuse, and you had previously refused a test of your BAC on another occasion, you will be ineligible for a hardship permit for the entire length of your administrative suspension.

The preceding information only applies to the administrative side of your DUI case.

Please note that the suspension issues outlined above only deal with the administrative, or DMV side of things. If you go to court and ultimately plead to your DUI charge, you will suffer another separate and distinct suspension of your license, this time at the direction of the presiding judge. If it is a first DUI conviction, the suspension is for 6 months to 1 year. If you had previously received a hardship license to keep you driving during your administrative suspension, it will be taken away. The driver's license bureau requires you to go back and reapply to get your hardship back. Only this time, you will need to have completed any DUI school and treatment if necessary before they give you a hardship permit.

Sunday, September 19, 2010

Assault May Mean Different Things

Each case that carries a charge of assault will be different depending on the facts of the case. So before you contact a lawyer to assist you with your case, make sure you know specifically what you are charged with. Knowing this will make your lawyer's job a lot easier. For instance, depending on how the case is charged, the penalties may have a wide range of time in jail attached to them.

It's safe to say that, technically speaking, assault is a crime against a person or persons. Yes, this is pretty vague, but once the case gets to court, the judge will usually expand the definition so the jury (if there is a jury trial) understands the case at bar. For instance, if the charge is assault (bodily contact) of a person without their consent, this is assault. However, having said that, any violent act towards another individual without consent (the defining element) is also assault.

Often the terms assault and battery are partnered up, however, more often than not, battery is really a different kind of assault in a category on its own. In order to distinguish the differences as it pertains to what you are charged with, it's wise to speak to a highly skilled criminal defense attorney. Give your attorney all the details, holding nothing back, and let them outline what options you may have for the charges you're facing.

Having a highly skilled criminal defense attorney on your side is a good thing and it may mean a mitigated sentence. Once the attorney has the details of your charges they may be able to offer several options for handling your case - get the charges dropped, reduced, thrown out of court or possibly negotiated into an alternative justice program. The choices of course are ultimately yours once you have consulted with your attorney.

Saturday, September 18, 2010

Best DUI Lawyers - Why Did You Drink and Drive? Getting Out of it is Possible!

You have probably asked yourself a thousand times since you got pulled over, why did I drink and drive? You are probably wondering what you are facing and how this is going to effect your life, your family, your job, and everything else that you are used to. There are some serious penalties that go with drinking and driving and you need one of the best DUIlawyers.

You should start by understanding that the penalties for drinking and driving are different in every state, but can include license suspension, jail time, probation, having a BAC meter put on your car, having to take a pill that will not allow you to drink, and many other things. The one thing you will have is a nice big fine that will have to be paid and this will cost you some money.

This is why you really need one of the best DUI lawyers and you need them now. They can help you either get out of the DUI all together or at least help get you closer to the minimum penalties that are available for you so that you can get your license back sooner and get less time in jail or on probation. The best dui lawyers will get you the deal that is best for you.

You are probably scared and worried that if you don't get the right lawyer you could end up in jail and you could lose your job, your reputation, and possibly your family. This is why you need to continue your research online and find that right lawyer that can protect you from losing your life because you decided to drink and drive and you got caught.

Friday, September 17, 2010

Assault & Battery - Criminal Law

Each year there are over 800,000 assaults reported to local law enforcement agencies. Assault is typically defined as trying to strike an individual when the individual is aware of the danger being presented. A 'felonious' assault is an attack, or attempt to attack, through force, in order to cause physical injury to an individual. Even if the individual doesn't get hurt, but a weapon is involved, then it still falls under the category of a felony.

Assault & Battery is an incident where actual contact was made and resulted in the need for medical treatment. This is also a felony. The consequences of an assault crime can be imprisonment, probation, fines, anger management classes and more. The punishment usually has to do with the circumstances of the situation and the background of the offender. If the offender has a prior history of assault these punishments will most likely be inflated.

Not every instance of an assault crime is straight forward and clear-cut. For instance, an assault may have been committed due to self-defense or defending another person or property. This is why it is so important to hire a professional assault attorney. A qualified attorney will be able to complete an extensive investigation and use their professional expertise to help dismiss or minimize the sentence.

Assault & Battery - Criminal Law

Thursday, September 16, 2010

Cheap DUI Lawyers - Getting the Maximum Or the Minimum May Come Down to Your Lawyer!

Are you in trouble because you had a few too many and decided to drive? Really what it comes down to is you actually got caught unlike the other 50 drunk drivers on the road with you. There are ways to deal with this situation and ways not to deal with it. Sometimes getting the cheap DUI lawyers is not the answer.

You are going to be facing some very serious penalties and you could end up with some problems with your life if you are unable to resolve this in a way that benefits you as much as possible. You need the best possible deal and that is why sometimes you have to spend a little on your attorney to get that deal.

The cheap DUI lawyers are not always bad, but they are not always the best. This does not mean you need to spend a ton on a lawyer, but if you go with one of the cheap DUI lawyers you might not get anything for your money. It is important that you choose your attorney wisely and get one with a good reputation for getting others a good deal.

If you are to go to court with a lawyer that does not have a good reputation for getting those that he or she works for a good deal, then you might as well go without because you will get the standard penalties for that area. This could include jail time, community service, fines like crazy, and much more. You will not be happy with a bad lawyer.

Wednesday, September 15, 2010

Oklahoma Computer Crimes Act - Felonies and Misdemeanors

The words "computer crime" generally conjures one of two ideas: high-tech espionage or child pornography. However, in Oklahoma these take on a much broader approach. From online solicitation of a minor and other internet sex crimes to hacking and fraud, these crimes in Oklahoma are clearly defined by the Oklahoma Computer Crimes Act (21 O.S. 1951 et. seq.). Section 1953 of the Oklahoma Statutes deems the following to be criminal offenses: (partial list)

1. Willfully, and without authorization, gain or attempt to gain access to and damage, modify, alter, delete, destroy, copy, make use of, disclose or take possession of a computer, network or any other property;

2. Use a computer or any other property as defined for the purpose of devising or executing a scheme or artifice with the intent to defraud, deceive, extort or for the purpose of controlling or obtaining money, property, services or other thing of value by means of a false or fraudulent pretense or representation;

3. Willfully exceed the limits of authorization and damage, modify, alter, destroy, copy, delete, disclose or take possession of a computer, computer system, computer network or any other property;

4. Willfully and without authorization, gain or attempt to gain access to a computer, computer system, computer network or any other property;

Under the Oklahoma law, some of these crimes are misdemeanor offenses, but most of the offenses are felonies. Misdemeanors include:

• Accessing a computer or network without authorization
• Using or allowing the use of a computer service without authorization
• Using a computer, computer system, or computer network to abuse, threaten, or harass another individual

The six remaining crimes are felonies. Some specific examples of CPU crime include internet fraud; computer sexual exploitation; copyright piracy (illegally downloading music, for example); hacking; and development and distribution of viruses, worms, bots, spyware, and malware.

Along with the increasing access to computers and the internet comes increased responsibility for ethical use of technology. By abusing the privileges of technology through internet sex crimes and other computer crimes, one risks the consequences of conviction. Conviction of a misdemeanor computer crime in Oklahoma is can result in a maximum sentence of 30 days in jail and up to $5,000 in fines. Oklahoma computer crime felonies are punishable by fines of $5,000 to $100,000 and a maximum prison sentence of ten years. Additionally those convicted are also subject to civil lawsuits as well as criminal charges.

Tuesday, September 14, 2010

Protect Your Rights If You Have Experienced a Personal Injury

If you or your loved ones have suffered from a personal injury due to some else's negligence, then you can definitely assert your right to damage compensation claim. The first step that you should do, however, is to consult a competent personal injury lawyer for him to review the details of the accident. The legal representation of a lawyer will determine the maximum financial compensation you can rightfully claim as a result of the tragic accident.

With a personal injury lawyer, you can be assured that the minute details pertaining to your case will be properly handled. He will carefully study the information you provided, take into consideration the necessary details to file, and what exactly is your legal entitlement under the various injury statutes and laws. These are benefits and advantages that for sure wouldn't be available to you once you decide to just take care of your personal injury case on your own.

When you contemplate on hiring a lawyer specializing in personal injury, there are probably a lot of questions you want to be answered right then and there. Questions such as whether getting the services of a lawyer is a hard thing to do, where and how to find a lawyer who is reliable, competent, and trustworthy as well as has a track record of winning this type of case, or even how much will it cost you to hire his services may come up. Aside from word of mouth based on your family, friends, and colleagues' testament, you may want to also check reliable lawyer directory over the Internet.

Some of the most common injury cases that lawyers handle are those that involve injuries and damages as a result of vehicular or motor accidents, accidents caused by unintentional slipping and falling, accidents from construction sites and any work-related conditions, attacks from ferocious animals, and even medical malpractices. A competent lawyer specializing in this type of case understands the complexities of these situations and will help you cover all the bases of both legal and insurance matters.

It is a given that when pinpointing who exactly is at fault, there is a degree of difficulty in determining which party should be responsible. In this case, you need not worry as this will be handled appropriately by the lawyer of your choice. In a personal injury case that involves negligence, for instance, the personal injury lawyer will carefully study the harm caused by the accident and will relate that to the compensation claim matching the injury.

Monday, September 13, 2010

Criminal Law Lawyers - The Heavy Hitters of the Legal Profession

There are many cases in which criminal law lawyers are indispensable. If you are ever in need of legal defense in a civil or criminal case, or both, this is the type of counsel you will need to seek.

If you are not able to pay for a lawyer upon the time of your arrest, you will be appointed one through the state who will stand for you at your initial arraignment. This will not last throughout the duration of your legal battle, however, so you will need to find a way of retaining a criminal law lawyer of your own before your trial begins.

There are many resources available to you today along the lines of searching for a lawyer, but you will be required to pay a retainer fee before most lawyers will join in on your case and defend you in court.

Criminal law lawyers are experienced and up to speed on the laws and procedures regarding such instances as hit and run accidents, stalking, aiding and abetting, eluding and officer, murder, criminal trespass, and a great many other issues on both the civil and the criminal sides of the law.

There are very times when it is considered wise to attend court or to enter a plea without the assistance and advice of a lawyer.

This is because your rights are not protected properly. When you are charged with a crime, it is not only your job to know what you are being accused of, but what the prosecution has to be able to prove in order to have you convicted of the crime.

The burden of proof is on the prosecution, but depending upon the evidence, witnesses, and on what you say, this can be quite easy for them to achieve. Even being present at the scene of a crime can turn into a conviction for you if you are not protected by someone who knows your rights and how to protect them.

On the other side of crime, these specialists are quite helpful to the prosecution of both civil and criminal cases.

When you or a family member are the victim of a crime, there are many avenues that you may travel down in order to find the right lawyer for your case.

If yours is a case of felony wrongdoings against you, you will be offered the state prosecutor and will be in great hands. In civil matters, you will need to produce a retainer and pay for your own private criminal law lawyer.

Whatever your circumstances, criminal law lawyers deal with both sides of the law, both the defense and the prosecution.

In order to find the right attorney for your case, it is important that you interview each prospect well and get a good feel for their experience and reputation. If you are not comfortable with your attorney, this could cause issues with understanding and trust later on during the case, and both of these are crucial to your success in court.

Sunday, September 12, 2010

Filing a Personal Injury Claim

When a person suffered a personal injury and he wants to file a compensation claim for his injuries, he usually needs to prove that he, indeed, suffered from mental or physical injury due to another party's negligence. Otherwise, the case won't be pushed through and will just be trashed by the court as one lacking with substance or merit. This is particularly true in most of the states and, for an inexperienced personal injury victim, it is vital that he seek the legal assistance of a lawyer specializing in personal injuries.

Most people think that lawyers specializing in personal injuries are one and the same and hence, can be sought for an injury case regardless of what state the client is. What they don't know is that there are differences between personal injury lawyers from state to state just as there are distinct injury laws governed in such states. One is then baffled as to which personal injury lawyer he will go to.

For instance, an injury lawyer is distinctly different from other injury lawyers in other states. This is because there are a lot of specific laws that only apply to certain states and a law specific only to certain cities that make that injury lawyer dissimilar from others. While a lawyer should be well-versed with the laws covering this kind of injuries in their own city, this does not mean that he need not be prepared with other laws of other states. It would be advantageous on his part if he reads on other state laws apart from the personal injury law of the city or state he is from.

When we say personal injury lawyer, perhaps some already have a clear picture of the person in mind. Many would picture a dignified man reading through a lot of law journals in a solitary room or perhaps a man in a courtroom with a booming voice while indignantly objecting the other party's assertions. This may very well be not far from the truth.

Typically, a lawyer specializing in this kind of cases does not usually go out and actively pursue cases from injured victims. The most commonly used method is to admit victims of this kind of injuries through law offices. It could also be through word of mouth, especially if past clients are very satisfied with the result of their compensation claim as represented by the law firm. The worldwide web has also seen a tremendous rise in assisting clients to look for the injury lawyer of their choice.

Saturday, September 11, 2010

Criminal Records - Avoid the Red Tape and Check For Criminal Records Online

Crime is so prevalent in our society today and we only need to switch on the television or read the morning newspaper to be bombarded with crime news. It makes sense in our daily interaction with our community that we should be vigilant with people with criminal records, especially with the alarming recidivism rate in the United States.

According to James Henslin in his book entitled "Social Problems: A Down-To-Earth Approach." (2008), he found that the recidivism or re-offending rate in United States for prisoners released from prison within the first year is 44.1%. This rate escalates to a staggering figure of 67.5% within three years after the prisoners are released from prison. And the most disturbing aspect of his study shows that 67% of ex-convicts who were rearrested were charged with 750,000 new crimes of which over 100,000 of these crimes were classified as violent crimes, 2,871 were for murder and 2,444 for serious sex crimes.

These staggering results are of concern especially if you are an employer, parents, landlords or people sharing accommodation. As an employer you may not wish to employ a person who has criminal past especially one who has been convicted of violent crimes or rape. Parents with children definitely do not want a sexual predator or pedophile as their neighbor while landlords are always concerned about renting out their properties to tenants with previous conviction for fear that their properties will be used for illicit activities. And if you are getting a new housemate, you definitely do not want to share your home with a person with a shady past.

With high levels of ex-convicts re-offending, it is only prudent that you run a background check on people in circumstances mentioned earlier. However, running a background check may not be as easy as it sounds. You can try the Federal Bureau of Prisons' website which provides inmate locator service for a nominal fee and it is able to provide information of federal inmates incarcerated in the federal prisons since 1982. However, when using the inmate locater service, be aware that a person may have a record in the Federal Bureau of Prisons' database but never serve a sentence of incarceration. For instance, the person may have been detained during pre-trial but charges were later dismissed. For state and local inmates, you can check someone's criminal records from the public records departments at your local county but such search is only limited within each respective county or city. Criminal conviction records from a different county, city or state will not be available from your local public records departments.

Another hurdle faced when conducting a background check is that in certain states, you need the person's date of birth and social security number before you are permitted to perform a search. Whereas for employers, due to red tape and legislative restriction, an employer cannot check a person's criminal records unless permission is obtained from the potential employee.

How do you avoid the red tape or obstacles and check on someone's background. The solution is by using an online background check. There are a few companies that provide nationwide public records databases online in which you can conduct online criminal records check. Obviously you need some basic information of the person you're checking on. The accuracy and reliability of criminal records extracted from these databases depend on the basic information you input into the databases. If the name of the person you check reveals that he or she had a criminal record, do not jump to conclusion and make sure you double check the information to make sure that it is the right person.

Friday, September 10, 2010

What is a Wrongful Death Attorney?

Wrongful death is defined as the death of a person as a direct result of the actions or negligence of another person or company. The person or persons seeking claims are the spouses, siblings, parents or other members of the decedent's family usually because of the loss of a significant amount of money because of the death. Wrongful death attorneys can help sort out the legal questions and concerns involving the claims against corporations or companies and individuals.

When one has experienced the loss of a loved one due to negligence by someone else, there are some common factors involved with this type of claim, such as the loss of income, the grief of the surviving family members, mental anguish, medical bills and the list goes on. If the deceased was the breadwinner of the family, with the passing of that loved ones can leave devastating ramifications for the surviving family members.

There are several ways a wrongful death can occur, however the most common and maybe the most surprising is by medical malpractice. Thousands of people die each year due to medical malpractice, but most of them are never filed or goes unnoticed. Among the other causes of wrongful death claims are automobile accidents, negligence, workplace accident, defective products or fire.

For this type of law suit you will need an attorney who is experienced in these types of law suits. A wrongful death attorney will examine your case and determine if the person or persons you are making your claim against is actually at fault. The attorney's job is to get you the compensation for the medical bills and the lost wages due to the death of your loved one. The payment of the attorney's fees is percentage of the money you will win in your law suit. The money in no way makes up for the loss of a loved one, but it will help relieve you of the medical bills, which may have amassed due to their specific circumstances.

If you live in California and feel a family member's death may have been the cause of someone else, contact a California accident attorney to help you sort out the legal jargon and your legal rights.

Thursday, September 9, 2010

Probable Cause In DWI Arrests

Driving home late one Saturday night, you glance in your rearview mirror and catch a glimpse of the dreaded red and blue flashing lights. The officer comes to your window and asks you to step out of the car. After some field sobriety tests, you're taken to the police station and charged with a DWI. You were out at a party, and your breathalyzer results are just over the legal limit of .08. Looks like case closed for you - right?

It's true; a large portion, even a majority of DWI-related arrests lead to a subsequent conviction in court. With so many laws requiring DWI suspects to submit to test after test, and wide use of breathalyzer devices despite fierce ongoing controversy over its reliability, it's little surprise that many people feel helpless when facing a DWI charge.

Unreasonable Search and Seizure - What it Means for DWI Arrests

The Fourth Amendment to the US Constitution states that: "The right of the people to be secure ... against unreasonable searches and seizures, shall not be violated ... but upon probable cause." This simple statement, in fact, is regarded as part of the highest law in the land, which means that it overrides and governs all other laws - including those associated with DWI. So, in short, despite having what appears like "ironclad" evidence in a DWI case, prosecutors cannot obtain a conviction if the initial arrest was made without probable cause.

The probable cause standard means that, in order to pull you over in the first place, a police officer must have a reasonable belief that you have or are committing a crime (driving while intoxicated). In court, a good DWI defense lawyer will question the presence of probable cause. Examples of valid probable cause include:

- Swerving erratically while driving

- Stopping abruptly for no reason

- Drifting between lanes

- Making excessively wide turns

- Driving at extremely high or low speeds

If the police officer cannot present solid justification that he had a good reason to pull you over, the violation of your Constitutional rights immediately voids any evidence against you resulting from the arrest, and your case is likely to be dismissed. For this reason, it is important that you try and note the following details during the arrest:

- Where you were going

- Your own level of intoxication (if any)

- What the police officer gave as the reason for the stop

- What the police officer asked you to do

Wednesday, September 8, 2010

No Personal Injury Lawyer in a Job Hunt

Job hunting is something that we all end up doing. Perhaps you've just had a baby, or been downsized, or got fired because of the personal injury case you filed against the guy who practically ran you over in the parking garage. So what if the guy just happened to be the CEO. The fact is, you haven't worked for a while now and need a job. When you are job hunting, there are a few do's and don'ts that act as general rules of thumb as far as things that you can do or avoid in order to nail the position. There are a number of websites providing job hunting or resume building tips that will get your foot in the door and a seat in front of an interviewer. The interview stage alone is a process that carries with it an entirely separate guidebook on things to say, things not to say and things to do, or things not to do. When you are job hunting and preparing for that next career move, keep in mind some of these pointers.

1. DO have a professional resume and cover letter. Again, there are all kinds of online tools and templates that can help you achieve this.

2. DON' T put impertinent information on your resume. The name of your personal injury lawyer on your cover letter looks really bad. Also, your interviewer is not interested in how you spend your leisure time. UNLESS you are seeking employment at a kitten orphanage.

3. DO be honest during the interview. If you have lost a job, be honest about it. Chances are if you aren't, your prospective employer will find out anyway. You don't need to mention the parking garage, just be honest about the fact that you've been let go previously.

4. DON'T relate unnecessary information to the interviewer. For example, if you are there because your settlement hasn't come through yet, and you need to pay for your professional injury lawyer, you may want to leave that out. When it comes to the "Why do you want to work here question?" say something about seeking new challenges or something to that effect. They love that.

5. DO be honest about your weaknesses if you are asked. Don't say that your personal injury case has left you with a bad back and you can't sit still for long periods of time. Say something that will make the interviewer reflect your weakness back on the position. "I'm a perfectionist!" works very well in this situation. This might be a good time to lie if you aren't a perfectionist.

6. DON'T mention the word lawyer at all; not unless you are applying to a LAW FIRM. Do not use the word lawyer. AT ALL.

7. DO come prepared with a conversation starter to make your interviewer warm up to you. Review #6 before you pick a topic however.

These are just a few general tips that can help you in the job market and pin down the position of your dreams. Don't worry, we've all been there. A good interviewer will definitely try to make you feel comfortable. Good luck!

Tuesday, September 7, 2010

What Makes A Good DUI Lawyer?

There are thousands of DUI lawyers out there. The question is this--how do you know if you have a good attorney who can give you a fighting chance of winning your case. A good lawyer minimizes on his or her mistakes while capitalizing on the mistakes of others. Let's look at the mistakes your lawyer must avoid and the mistakes they can benefit from.

Mistakes Your Attorney Should Avoid

You may think that all lawyers are pretty much the same. Think again. The same case tried by two different attorneys may have very different outcomes. An experienced attorney will find holes in the prosecution's case that an inexperienced attorney may completely overlook. The best advice is to get a lawyer who specializes in drunk driving cases instead of one who is simply capable of handling them. If you do get someone who isn't an expert, be sure they are getting the assistance of experts who understand the nuances of drunk driving laws.

That being said, here are some sure signs you need a new lawyer:

If your lawyer immediately looks at your case and recommends you plead guilty, this may be the sign of a poor lawyer. An experienced lawyer will go to the scene and make sure the conditions were appropriate for a sobriety test. The test must be performed in a specific fashion and many police officers perform the test incorrectly. Also, the machine could be improperly calibrated or simply out of date (in terms of certification). Your lawyer should be willing to dig deeper than surface evidence.

Also your attorney shouldn't try and paint the police officer as a liar. People don't want to hear that someone as trustworthy as a policeman is lying. It's better to simply prove that the officer made an honest mistake.

Your lawyer should also be willing to fully explain the consequences of entering a guilty plea. You could lose your car, your license, and be fined or thrown in jail. Furthermore, a conviction goes on your permanent record for all to see, not to mention it increases your insurance rates and limits your ability to travel overseas.

Mistakes Your Attorney Should Capitalize From

The arresting officer in your case may have made numerous mistakes which your attorney can use to tip a case in your favor. If an officer pulls you over on suspicion of DUI, they must have probable cause and be able to tell you what that cause is. If they perform the test where you must walk a straight line, they must do so on a non-slippery, level surface where the line is visible. If they make you stand on one leg, you're supposed to be less than 65 years old, no more than 50 pounds overweight, and have no medical condition which would prevent you from performing the test. Finally, you can not be detained for an unreasonable amount of time. Any of these mistakes can result in a dismissal or even a successful motion to suppress the evidence hearing.

Monday, September 6, 2010

Understanding Oklahoma Expungement Laws

The negative impact of criminal record can last far beyond the trial and sentencing. A history of arrest, criminal charges, and conviction carry a stigma that can make ordinary tasks-like being accepted into college or finding a good job-nearly impossible. Many people don't realize that arrest records are still available even if they were not convicted or if their sentences were deferred. In order to have those records cleared in Oklahoma, one needs to petition the court for an expungement.

An expungement is the legal process of having criminal records sealed from public view. In many counties in Oklahoma, a motion to expunge is filed in the criminal case; however, in Oklahoma County, a petition for expungement is filed in civil court. An Oklahoma expungement lawyer can help the client petition the appropriate court to have his or her record sealed.

Under Oklahoma law, there are two types of expungements. The most common type is Title 22 O.S. 991c of the Oklahoma Statutes. This type of expungement allows the sealing of one's court record after the completion of a deferred sentence following a plea of guilt or no contest. While this removes the defendant's name from the court docket and from public records, it does not completely eliminate his or her association with the charge. The criminal history remains on file with the Oklahoma State Bureau of Investigation (OSBI). A 991c expungement has no impact on the arrest record with the OSBI.

The second type of expungement is more desirable to those seeking to have their records cleared, but it is also more difficult to obtain. Title 22 O.S. 18 allows for not only the sealing of court records from public view, but also for the purging of arrest records, including those in the OSBI's criminal history records. In order to be eligible for a 18 expungement, the petitioner must meet one of ten criteria:

• The person has been acquitted.
• The conviction was reversed and the charge was dismissed.
• Factual innocence was proven through DNA evidence after the conviction.
• The person has received a full pardon from the Governor.
• No charges were filed after the arrest, or charges were dismissed within one year of arrest.
• The statute of limitations on the offense expired, and no charges were filed.
• The person was a juvenile (under 18 years old) at the time the offense was committed, and he or she has received a full pardon.
• The offense was a misdemeanor, and ten years have passed since judgment with no further misdemeanors or felony charges in the meantime.
• The offense was a nonviolent felony, the person has received a full pardon, and ten years have passed with no other felony or misdemeanor charges or convictions.
• The person was arrested or charged with a crime that was committed by someone else using that person's name or ID without consent.

Even if one qualifies under 991c or 18, an expungement is not guaranteed. The OSBI can object to an expungement if they feel that maintaining a public record of the criminal history serves the public interest more than it hinders the individual who is petitioning for expungement. For this reason, and to ensure proper petitioning procedures under Title 22 O.S. 19, it is important for anyone seeking to clear his or her arrest record or history of criminal charges and convictions to seek the assistance of an experienced Oklahoma expungement attorney with a proven record of helping clients successfully clean the slate. An expungement is an effective way of unburdening the past and allowing oneself to seek a brighter future.

Sunday, September 5, 2010

Choosing a Capable Defense Attorney

Whether you require a defense attorney due to an incident that was your fault, or because you've been a victim of a crime, the knowledge and drive of a Detroit defense attorney can help you. The stress that a court case can cause varies from person to person, but you can rest assured that getting a lawyer to take care of things could mean the difference between a full night's sleep and a fitful one.

When you are in need of a good Detroit defense attorney, some of the questions you need to be prepared to ask may not come to mind right away. Although you first concern may be whether or not you can afford the attorney you are interested in. Some Detroit defense attorneys will charge a "per hour" fee and others will require that you pay a flat rate as well as a retainer. No matter what the charge may be, it has to be one that you can afford.

Another question to ask is whether the attorney believes that the case can be settled without having to go to trial. Aside from winning a case, a settlement is the main goal for most attorneys. Not only does a court trial mean that more time and effort must be put into the case, but it can be very expensive, especially if your case is a particularly complex one.

Try to remain logical and think rationally when it comes to your defense. Even in a criminal case, you need to think sensibly and be prepared to handle your case and assist the defense attorney in whatever way you can. Make sure you understand the legal terms that are being used to describe your case and the meaning of the various pleas that are presented to you, particularly if you are working with a Detroit criminal defense lawyer.

Saturday, September 4, 2010

Mechanic's Liens - Friday's Free Form - Notice of Intent to Lien - General Contractor

How many times have you been in this situation: You are owed money on a construction project and are thinking of filing a mechanic's lien. But you know that after filing it there will begin a serious dispute process, and probably involving the hiring of lawyers on each side. You would like to send a notice to the other side telling them that if it is not paid, more serious steps will be taken. Well, there is a form to be used in this situation. In my experience, this is a very popular form--so much so we would like to make it available to the construction industry.

This form below warns the owner that you will be filing a mechanic's lien if payment is not made within ten days. Hopefully, it will create a serious dialogue for settlement. Come up with your bottom line amount to settle and be prepared to offer it to the owner if he or she is negotiating in good faith. Remember that the last thing an owner wants is a lien on their property: it jeopardizes title, interferes with their relationship with the construction lender, and prevents refinancing or sale. This Notice is worded in a non-threatening manner so as to capitalize on this situation, with the owner knowing that you are required by law to file a lien within a set period of time or lose your lien rights.

WHO CAN USE THIS FORM? All persons, whether general contractor, subcontractor, or supplier.

HOW TO SERVE: There is no need to file this with the court or record with the recorder's office. It is simply served by mailing.

WHO TO SERVE: If you are a general contractor, serve the owner and construction lender. If you are a subcontractor or supplier, serve the owner, general, and construction lender.

HOW TO SERVE: Although not required, it is recommended for its effectiveness to be served by certified mail.

WHEN: Serve ten days before you file or record the mechanic's lien. Remember, it does not extend the time to file a mechanic's lien.

NOTARIZED? No.

COPIES: The original signed copies are served. Keep an extra copy for your records.

CERTIFICATE OF MAILING. Use a standard Proof of Service form. Sign this Proof (it is like a certificate of mailing) and staple it to the form so you have proof it was mailed to the various persons or entities.

MARGINS AND FONT. This is a Word document so use the following margins so it prints out properly: Top: 18 pt; Bottom: 22 pt; Left: 58 pt; Right: 58 pt. Type size is 12.

HOW TO USE? Cut and paste the form into a new Word document.

WHICH STATES?

Use this notice only in the following states: Alabama, Alaska, Arizona, Florida, Idaho, Indiana, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, and West Virginia.

As to California, you can use it until further notice. California is in the process of amending its mechanic's lien statutes which will require a specific notice. Check our web site for that new form.

SAMPLE FORM STARTS HERE

NOTICE OF INTENTION TO FILE A MECHANIC'S LIEN (General)
(This is not a Mechanic's Lien, nor a reflection on the credit of any contractor)

__________________________________________________________________________________
Via Certified Mail

TO OWNER:

_________________________________________________
(name(s))

________________________________________________
(address--no. and street)

________________________________________________
(address--city, state, zip)

FROM GENERAL CONTRACTOR:

_______________________________________________
(name(s))

_______________________________________________
(address--no. and street)

_______________________________________________
(address--city, state, zip)

______________________________________________
(fax/phone)

Please take notice that the undersigned lien claimant intends to file a Mechanic's Lien against your property if payment is not made for moneys owed as follows:

PROJECT NAME: __________________________________________________________________________________

PROPERTY SUBJECT TO LIEN (common street address or other description):
__________________________________________________________________________________

(1) General description of construction services furnished by Lien Claimant:
_________________________________________________________________________________
_________________________________________________________________________________
________________________________________________________________________________

(2) Amount due: Through _________ (date) is $ _____________ after just credits (total performed, with extras of $ ___________ , less payments of $ ____________ ). Unpaid invoice(s) attached. Attorney's fees and court costs will also be requested.

The above-described work was provided to your property, at your instance, by the Claimant. If payment is not made within ten days (10) of receipt of this demand, Claimant intends to file a Mechanic's Lien, without further notice. If you have any questions or wish to make payment arrangements, please call immediately to discuss.

Dated: _____________

_______________________________________________
(Signature and Title)

Friday, September 3, 2010

How DUI Attorney Can Help You Facing DUI, DWI Or Similar Charges?

A DUI Attorney Can Help Your Case

If you've been charged with a DUI, DWI or other drinking and driving charge, you may have a staggering amount of questions.

Depending on your state, blood alcohol content, criminal history and other considerations, drunken driving charges can carry penalties ranging from:


Probation
Suspension of driving privileges
Community service
Jail time
Thousands of dollars of fees

Having a lawyer on your side can probably help take the confusion and frustration out of the process and possibly reduce your punishment.

Do I Really Need a DUI Lawyer?

You may feel that the case against you is hopeless but you do have the right to a defense. Even if you do not pursue a trial, an attorney may help lower the penalties that come with a guilty or no-contest plea.

And consulting with an attorney prior to your arraignment may give you the confidence you may need after you DUI arrest.

An attorney may also find processing errors, lack of probable cause or other circumstances in which your case could be dismissed.

How Do I Choose the Right DUI Lawyer?

It is important to find an attorney who makes you feel comfortable. There are many variables to consider, but finding a lawyer who is qualified and experienced in DUI cases is essential if you choose to fight your drunk driving ticket.

Many attorneys offer no-obligation consultations.

Where Can I Find a DUI Attorney?

If you've been charged with DUI, you may feel that you have nowhere to turn. A local attorney who specialized in this law area may be your best asset in fighting your ticket.

As more and more attorneys move from traditional (and costly) advertising sources like the phone book and TV to the Web, you can now find an attorney in your area in just a few clicks.

Thursday, September 2, 2010

Cook County Criminal Defense Attorney Courts

The nature of the criminal charges against you - traffic violation to serious felony - will determine where in Cook County your case will be heard. It could be one of several criminal courts in the county. Wherever your case is heard, you should choose an attorney who regularly appears there and has developed relationships with the prosecutors and judges.

26th and California is where main felonies in Chicago, such as murder, armed robbery, weapons charges and some assault and battery cases, are tried. Preliminary hearings may be held elsewhere in Cook County but the trial will likely be at this courthouse.

Daley Center is where most civil matters in Cook County are heard as well as many minor traffic offenses in Chicago, such as speeding. Typically, traffic charges will only result in a fine if you are convicted but sometimes you can lose your driving privileges or incur higher insurance rates. Therefore, it is highly recommended that you consult not simply any attorney but specifically a Chicago traffic defense attorney.

Skokie Courthouse (located at 5600 Old Orchard Road in Skokie) is also known as the District 2 court and hears both criminal and civil cases ranging from the minor to serious offenses.

Rolling Meadows Courthouse (located at 2121 Euclid Avenue in Rolling Meadows) is also known as District 3 court and hears both criminal and civil cases ranging from the minor to serious offenses.

Maywood Courthouse (located at 1500 Maybrook Avenue in Maywood) is also known as the District 4 court and hears both criminal and civil cases ranging from the minor to serious offenses.

Bridgeview Courthouse (located at 10220 South 76th Avenue in Bridgeview) is also known as the District 5 court and hears both criminal and civil cases ranging from the minor to serious offenses.

Markham Courthouse (located at 16501 South Kedzie Parkway in Markham) is also known as the District 6 court and hears both criminal and civil cases ranging from the minor to serious offenses.

555 W. Harrison hears domestic violence cases in Chicago and jury trials on misdemeanors. If convicted of either, you could be sent to state prison.

Belmont & Western (located at 2452 West Belmont Avenue), 3150 W. Flournoy, 5555 W. Grand Avenue, 155 W. 51st Street and 727 E. 111th Street are courts where preliminary hearings are conducted for felony crimes in Chicago. If the case on felony charges is going to a grand jury, it is transferred to 26th and California or one of the suburban district courthouses. These locations are also where bench trials on misdemeanor charges in Chicago are heard, such as solicitation of a prostitute, disorderly conduct, assault, battery and other crimes.

It is worth repeating that for practical but primarily strategic reasons, it is highly recommended that you choose an attorney who regularly appears in the courthouse where your matter will be heard and is, therefore, familiar with the prosecutors and judges at that location.

Wednesday, September 1, 2010

Do I Need an Aggravated Assault Attorney?

The punishment for an aggravated assault charge is imprisonment from five years up to fifteen years. Life is said to be short so who would like to spend a good part of their life in an enclosed prison cell? So if you are wrongly accused of aggravated assault, you better find yourself an experienced and dependable aggravated assault attorney to defend your case. If your attorney is aggressive enough and skilled enough, he or she may diminish your sentence if not have it dismissed altogether. In the hands of a reliable criminal attorney, you are sure that your right will be protected and secured in the court of law.

The primary task of an aggravated assault attorney is to guide you throughout the legal proceedings of your aggravated assault case. If you are charged in Arizona or in Phoenix to be more specific, your best choice of attorney is a criminal defense attorney in Phoenix. It is a good move to hire a local attorney as he or she is most likely familiar with the state laws, court system and proceedings. Local attorneys are more familiar with the judges and state prosecutors so he or she already know how to deal with them and which evidence will more likely strengthen your case.

Having an aggravated assault attorney is essential in your case for he will be the one to explain to you your rights. He will properly explain to you the intricacies of the charge filed against you and its implications. Knowledge is power so you better listen attentively to your attorney and know all the details with regards to your case. Part of the legal council you can expect from your attorney is to tell you the evidence that the prosecutor can come up with in order to convict you. In short, he tells you what to expect so you will not be shocked during the trial. He should also prepare counter arguments in your favor to convince the judge and the jury of your innocence.

Do not trust an overconfident aggravated assault attorney. Although you need your attorney to have confidence that he can win the case, what is more important is for your attorney to present good evidences and witnesses that will make your case a lot stronger. Remember that the justice system is very complex. Even if you hire a local attorney, he or she cannot predict the precise outcome of the trial all the time.

Tuesday, August 31, 2010

What You Need to Know About Getting a Divorce in Oklahoma

If you are planning on getting a divorce in Oklahoma, you should be told that divorce can be very stressful. Most people who decide to break up their marriage due to constant stress are shocked to find out that the divorce process is even more stressful and emotionally demanding than they thought. As stressful as your marriage is, the divorce process and divorce may be worse.

The first thing you need to know about getting a divorce in Oklahoma is that you must be a resident of Oklahoma for a least 6 consecutive months before going to the district court to file a petition for divorce. You must file a verified petition for divorce in the county where you or your spouse has resided for at least 30 consecutive days prior to filing your divorce petition.

In an action for divorce, if the divorcing parties have minor children, there is typically a 90 day waiting period between the time a divorce can be granted by the court and the filing date of the petition. Any divorces that do not involve minor children can be finalized in as little as 10 days from the date of filing the petition for divorce.

Before getting a divorce in Oklahoma, you need to know that support alimony is the payment of a sum certain from one party to the other. Support alimony may be ordered in a divorce proceeding in addition to child support. Whether support alimony payments are appropriate in a case depends upon one party's need for support and the other's ability to pay support alimony. Support alimony is considered taxable income to the receiving party. Alimony in lieu of property division is separate and distinct from support alimony. Often the division of marital property can be difficult when dealing with marital assets such as a family owned business. The party responsible for paying alimony in lieu of property division is typically awarded an asset, and ordered to pay the opposing party alimony in lieu of property division for the other party's share of the value of the marital asset.

Oklahoma is an equitable distribution state as such, in contested divorce actions; property and debt are divided by the court according to what the court decides to be an equitable division of property and debt between the parties. An equitable division does not necessarily mean an equal (50/50) division of the property.

What you should also know about getting a divorce in Oklahoma is that the court may grant the care, custody, and control of a child to either parent or to the parents jointly. In awarding the custody of a minor unmarried child or in appointing a general guardian for said child, the court shall consider what appears to be in the best interests of the physical and mental and moral welfare of the child.

The legal grounds for divorce include any of the following causes:

o Adultery.
o Impotency
o Abandonment for one year
o When the wife at the time of her marriage, was pregnant by another than her husband.
o Extreme cruelty.
o Fraudulent contract.
o Incompatibility
o Habitual drunkenness.
o Gross neglect of duty.
o Imprisonment of the other party in a state or federal penal institution under sentence thereto for the commission of a felony at the time the petition is filed.

o The procurement of a final divorce decree without this state by a husband or wife which does not in this state release the other party from the obligations of the marriage.

o Insanity for a period of five (5) years. No divorce shall be granted because of insanity until after a thorough examination of such insane person by three physicians, one of which physicians shall be a superintendent of the hospital or sanitarium for the insane, in which the insane defendant is confined, and the other two physicians to be appointed by the court before whom the action is pending, any two of such physicians shall agree that such insane person, at the time the petition in the divorce action is filed, has a poor prognosis for recovery; provided, further, however, that no divorce shall be granted on this ground to any person whose husband or wife is an inmate of a state institution in any other than the state of Oklahoma, unless the person applying for such divorce shall have been a resident of the State of Oklahoma for at least five (5) years prior to the commencement of an action; and provided further, that a decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the defendant.

It will interest you to know that the risk of suicide is greater for people going through divorce. You become more vulnerable to psychiatric problems such as depression and anxiety. Your relationships with your spouse, friends and family developed over the years during your marriage will be adversely affected. It is wise you think properly of the consequences before getting a divorce in Oklahoma. "I hate divorce," says the LORD God of Israel. (Malachi 2: 16).

Monday, August 30, 2010

What Kind Of IRS Tax Law Attorney Do You Need?

OK, you have come to the conclusion that you need an IRS tax law attorney to help with your current tax problems or for tax advice, but there is still one question that needs answering: what kind of tax law attorney specifically do you need?

Not only do tax attorneys come in different shapes and sizes, they also come with a range of skills and expertise. Choosing the right kind of tax attorney to handle your case is important so you can not only save on time and money but you can have peace of mind knowing that you have chosen the best tax lawyer to represent you.

To know the different types of tax law attorneys, all you have to know is the different types of taxation laws and tax problems then find one with the greatest amount of knowledge, experience, and expertise in it.

Tax Planning Attorney - IRS Tax attorneys that specialize in tax planning will assist in reviewing and structuring your financial affairs to prevent IRS trouble for you. Tax planning attorneys must keep themselves abreast with the latest tax laws to make the necessary changes for their clients. Tax planning attorneys can provide aid to both civilian and business clients alike.

Tax Controversy Attorney - If you already have a pending case filed in court, you need to hire a tax law attorney that is proficient in managing tax controversies. This type of tax attorney is experienced in the courtroom he is used to defending his client to the judge and jury. He is also familiar with working with the IRS and knows the right buttons to push in order to prove the innocence of their clients.

Tax controversy attorneys can be further divided into two categories: attorneys who handle civilian lawsuits, and those that are involved with corporations and businesses.

Property Tax Attorney - Tax attorneys with expertise in property tax are those who can help you renegotiate your property taxes with the IRS and ensure that you are paying the right amount. They will also help you form a solid case to present to the court and prove that whatever information gathered against you is incorrect or inaccurate. Property tax attorneys can also help you survive tax audits, file the right income and tax deductions, and make appeals if your previous attempt to clear your name fails.

Bankruptcy Tax Attorney - These are tax attorneys who specialize in handling bankruptcy cases. Bankruptcy tax attorneys help their clients file for bankruptcy and ensure that all information their clients provide about their finances is accurate and valid to achieve a positive outcome. They will also help their clients negotiate with the IRS and other creditors if any repayment is required.

It is possible that you will find tax attorneys specialize in handling all aspects of the tax law. These tax attorneys however may only choose to take on either civilian or corporate clients.

Civilian Tax Attorneys - They are able to help individuals straighten out their finances, catch up with unpaid taxes, and make sure that they continue to pay their dues on time in the future. They are usually hired on a consultation basis only.

Corporate Tax Attorneys - These attorneys are usually paid with a monthly retainer to smooth out any possible tax difficulty when the company is involved with a new project or a potential dispute with the IRS.

Based on your circumstances choose an IRS tax law attorney that is most adept in the area that you have tax problems. Remember however a tax law attorney can be hired before you encounter tax legal problems, you can get sound advice or consultation concerning your tax affairs. The tax issue that you want addressed will dictate what kind of IRS tax law attorney you need, choose wisely.

Sunday, August 29, 2010

Personal Injury - The Need to Find a Good Lawyer

There are thousand and millions of people throughout America who drive around in cars either to get to work or move around anywhere for that matter. It is a basic trust that all drivers abide by the rules of driving around and keep up to the laws of their state. However, there are thousands of Americans who face car accidents every single day. The reason behind this could range from a very simple failure to follow rules to blatant disregard for traffic laws both for the pedestrian and the driver.

If you are one of those people who have been unfortunate enough to get into a car accident and you are injured, you most likely would need a good lawyer to take up your case in order to get a compensation for your injury and any loss that you might have incurred. Although it might be tempting to just represent yourself, it might not be a very good idea as you might not have enough experience to effectively handle you case.

Car accidents is just one of the many cases that fall under personal injury and is considered to be one of the most common cases that Oklahoma courts handle every day. In car accident cases, passengers of both cars as well as the drivers can file for compensation. One of the first things that you need to do is write down as much as you can remember about the accident. If you can take pictures of your injury as well as the extent of the accident, it would be much better. Another personal injury case involves injury with the use of consumer products.

In cases like these, you would need to find a good Oklahoma injury lawyer. These lawyers deal with the insurance companies every single day in getting their clients the compensation that they are entitled to receive. They negotiate terms and claim for any serious injuries along with all medical expenses and loss in income due to the injury, as a result of the accident.

Insurance companies tend to be quite strict and meticulous when it comes to claims for personal injury. It would therefore be to your best interest if you would let your lawyer do the negotiating on your behalf.
Since most personal injury cases are about finding out who was at fault, your lawyer would probably build your case base on existence of duty that the person who caused the injury owed you, the failure of the other person to carry our his or her duty, the existence of damage on your part, and the connection between the other party's failure to the extent of damage caused to you. If more than one person has caused you injury, each of them would be proportionately liable to you.

On the other hand, if you were the one who was at fault, Oklahoma law allows you to make a claim only if you were 40% or less at fault.

Friday, August 27, 2010

The Truth About Lawyers

Those of you reading this article looking for the latest lawyer joke will likely be disappointed in the text that follows. This piece is not meant to be yet another bashing session directed at the legal professional, but rather to give you solid information on how to avoid the common mistakes that even the brightest and most seasoned executives make in attempting to successfully work with and manage attorneys.

I grew up in a legal family, have been a managing director of a law firm, recruited and managed legal staffs as a C-suite executive and have dealt with many an outside counsel as an entrepreneur. I have both sued and been sued, and suffice it to say I know the good, the bad and the ugly about the legal profession.

As with any other profession there are excellent practitioners, middle of the road journeyman, well intended light-weights who try hard but consistently find themselves in over their heads, brilliant academics with no practical experience or common sense, and yes, there are a few rouges and scoundrels as well.

The reality is that most people that have a negative experience with the judicial system blame the lawyer. If the plaintiff or the defendant doesn't achieve the expected outcome it must be the attorney's fault, right? Wrong...If you retain the wrong lawyer that is not the lawyers fault, if you place yourself or your business in harm's way because you didn't recognize or manage risk, that is not the fault of the attorney who tries to help you and if you don't manage the legal action and/or the attorney with the same attention to detail you manage other areas of your business that is not the attorney's fault either.

Think about this...If you found out you had an operable brain tumor, but decided not to do anything about it until you actually started to observe diminished capacity and then sought out the cheapest doctor you could find (an experienced brain surgeon would be far too expensive) to conduct the operation how do you think you would fair? OK, it is a given that no reasonable person would handle the aforementioned scenario as described, but when it comes to legal work I can't even begin to count the number of times I've witnessed someone wait too long to act or react and then rush to retain an attorney based upon little more research than the scrutiny of an hourly rate.

It is this author's humble opinion that the truth about lawyers is that most people frankly get what they deserve. However if you adhere to the following best practices when entering into and managing an attorney client relationship you will fair better than most.

1. Hire the best legal counsel you can afford, not the cheapest you can find. As with any profession there is value in experience and knowledge as well as a competitive advantage to be gained with talent, reputation and connections. Never hesitate to get a second opinion as there are very few stock answers to a legal issue.

2. A lawyer is no different than any other vendor or supplier and they should be put through the same level of scrutiny (in my opinion a higher level of scrutiny) as anyone else in your supply chain. I adopted the practice quite sometime ago of putting my legal work out to bid through a managed request for qualifications (RFQ) and request for proposal (RFP) process. I assess my needs, identify my requirements and seek to find the best representation possible by having attorneys compete for my business on my terms.

3. General Counsel is fine, but only if they are managing the right specialist. A generalist cobbling together documents by pulling a template down from a Westlaw search is a far cry from having true subject matter expertise. All attorneys are not created equal. Hire the right lawyer at the right time for the right reason.

4. Along the lines of number three above, a smart attorney doesn't necessarily translate into a good attorney. Just because someone possesses a J.D. doesn't mean they have any practical experience. Most lawyers don't graduate from law school with any formal business training and fewer have any real world business experience upon graduation. It is imperative that you select counsel who is not only a subject matter expert in his/her practice area, but that also has very sound business acumen. If an attorney is not fluent in my business they won't be retained by me to represent my business...end of story.

5. The best way to manage your legal risk is to be proactive not reactive. Assess your legal risks and take aggressive and proactive measures to mitigate said risks. I developed the shortest legal mission statement on record and require any attorney who represents me to use it to as their operating mantra; it simply states: "anticipate and insulate". The best defense is a great offense when it comes to legal work.

6. At the end of the day you must take an active role in managing your legal affairs. As a principal owner or senior executive the buck stops with you. You need to manage the attorney and the process to the best possible outcome and this cannot be accomplished with a passive management style. You can either manage the legal process or let it manage you.

As a consumer of legal services the phrase "Caveat Emptor" (Let the buyer beware) applies in spades. If you take an informed and proactive approach to managing your legal risk you will fair better than those who don't. A plus might just be that if you hire the right attorney for the right reasons you may in fact end-up developing a strong personal and professional relationship that won't end-up as subject matter for a lawyer joke.

Thursday, August 26, 2010

Criminal Defense Lawyer - Help Them Help You

If you are ever faced with having criminal charges filed against you, the first step through the process is getting in touch with your criminal defense lawyer.

Once in contact, it's important to know all the ways you can help your lawyer defend you. After all, it's your freedom at stake. Do what you can to aid your defender in helping you keep it. Below are a few tips to essentially help you help yourself.

Step 1: Above all other things, you must be honest with your attorney. He or she must know all there is to know regarding the case. Tell them everything you know, and their odds of being able to help you skyrocket. Remember, by holding onto the truth, you're gambling with your freedom.

Step 2: Follow any and all instructions given to you by your lawyer. If you're advised not to discuss the case, don't discuss the case. If you are advised to stay away from specific individuals, then keep your space. Your attorney is doing the best they can to help you out. Listen to what they have to say.

Step 3: Show up to any and all legal proceedings and meetings on time. Show your attorney that you're just as committed to the case as they are. By arriving when you are supposed to, you will make the proceedings go much more smoothly for everyone involved. Do whatever it takes to be prompt and ready to go. A missed proceeding could end up costing you a few years.

Step 4: Make sure to stay out of any additional trouble. Don't involve yourself in any suspicious activities or with people who may get you into further trouble with the police. Become Mr. / Mrs. Perfect; a model citizen. Consider trying to make restitution payments or arrangements to pay for any damages you admit responsibility for. Find out whether restitution is even an option.

Step 5: Show the utmost respect for the justice system and your attorney. If you're lucky enough to have your case heard by a sympathetic judge, you might be cut a little slack if you have your ducks in a row. Being rude or disrespectful will never get you anywhere.

Helping your attorney defend you simply makes sense. Having someone with your best interests to work with you is ideal in any legal setting. By helping your criminal defense lawyer, you're only helping yourself.

Wednesday, August 25, 2010

Personal Injuries Suffered

Are you suffering from brain or spinal injury brought about by an accident? What about scarring, loss of hearing, or perhaps vision paralysis? Did the accident leave you with permanent disfigurement or even worse, a wrongful death of someone you love? If your answer to these questions is affirmative, then you might want to contact an experienced personal injury lawyer to discuss your options and rights.

If you're in certain cities in the US, there are a lot of qualified lawyers specializing in personal injuries to choose from. This type of lawyers have already represented thousands of clients and hence, you can be assured that your case will be properly represented in court. Living up to the principles of in-depth analysis, attention to the minute details and an advocacy for tenacity, Oklahoma personal injury lawyers have successfully defended legal cases of many clients who were thoughtlessly turned down by other firms.

Personal injury lawyers in various States have a wide and thorough legal practice on personal injury cases such as those caused by motor vehicle accidents, construction and work-related injuries, defective products, pedestrian accidents, and even nursing home abuse cases. A lot of their past clients can testify to these lawyers' successful recovery of large compensation claims and positive results for victims of personal injuries like brain and spinal cord injury, burn and respiratory injury, or even the wrongful death of a family member.

When a person suffers from a grave injury, it is a given that the financial burden from medical bills piling up and monthly wages gone can be more or less overwhelming for him. This is where the role of a lawyer specializing in personal injuries comes in. These lawyers put emphasis on providing you with the biggest probability of claiming the rightful financial compensation you rightfully deserve. In fact, more than the personal injury compensation you deserve, they also verify if you can also be eligible for worker's compensation or social security disability benefits.

One of the first few things lawyers specializing in this type of injuries consider is the potential value of your claim. They usually estimate how much you can recover for the accident claim by knowing how much insurance is available for you. As such, it is important that you provide your personal injury lawyer with accurate and truthful information, which he will need to establish your compensation claim. Otherwise, giving him the wrong data will only lead to the dismissal of your legal case's merits.

Tuesday, August 24, 2010

How to Know If Your Eggs Are Part of the Product Recall

The product recall of 380 million eggs from Wright County Egg from Galt, Iowa is one of the largest and most frightening outbreaks of Salmonella in the history of the United States. Eggs are found in millions of products, and the Salmonella bacterium is quite difficult to completely eradicate. While there is no way to be sure if the tainted eggs were processed into food products that make their way into the shelves and pantries of the average American, there are ways to determine if that carton of eggs in your refrigerator is among the recalled group.

This step by step guide to determining if your eggs are recalled can help protect your safety and that of your family:

Step 1: Are you in an at-risk state? The eggs in question were sold in a large number of states, so if you live in California, Illinois, Missouri, Colorado, Nebraska, Minnesota, Wisconsin, Arizona, Texas, Georgia, Washington, Oregon, Nevada, Utah, Arkansas, Oklahoma or Iowa, you could be at risk. Adding to the danger, after the eggs were shipped to these states they were distributed elsewhere, so almost anyone in the US could be exposed to these eggs.

Step 2: Look for the brand. If you live in the affected states, or really anywhere in America, you need to check and see the brand label on the carton. If the carton is from the brands:

Lucerne Albertson's Mountain Dairy Ralph's Boomsma's Sunshine Hillandale Trafficanda Farm Fresh Shoreland Lund Dutch Farms Kemps

You could be at risk.

Step 3: Find the identification numbers. If the eggs in your refrigerator match the above brands, you need to then determine if they are among the contaminated batches. In cases of situations just like this one, the government mandates that each carton contain a date and a batch number, so consumers can easily identify problem products. In order to do so, look at the end of the carton.

Step 4: Look for the plant number . There should be a group of numbers and letters, and if the sequence contains something that looks like "P-1946 223" then you have a potentially tainted batch. The first number is the number of the plant that packaged it, and any "P" numbers that have 1026, 1413 or 1946 are possibly contaminated.

Step five: Look for the date. If number after the plant number is between 136 to 225, they very may well be part of the recall.

Step six: What you should do. If you have these eggs and haven't consumed any of them, you should dispose of them immediately. If someone has consumed them, save everything from the packaging that you can and keep them as safe as possible. Even if no one has become ill, Salmonella poisoning can take 12-72 hours for symptoms to set in, and you may need evidence later on to establish that any sickness anyone develops occurred from consuming this product.

Hopefully these simple steps will keep you and your loved ones safe, but if not, you need to know that you can take legal action against those responsible for your situation.

Monday, August 23, 2010

5 Questions to Ask a Domestic Violence Attorney

When charged with domestic violence, the last thing you want is to be without an experienced domestic violence attorney. Whether you actually committed the act or not, a seasoned lawyer can potentially help you avoid conviction or at least minimize the legal and personal consequences. Even if you have been falsely accused, you'll need competent representation to help you build a solid case to prove your innocence. But don't just hire any attorney. Ask these five questions during your initial interview to ensure getting the best representation possible.

1. How many years experience or how many cases have you taken on related to domestic violence?

Experience goes a long way with domestic violence cases as this type of charge involves not only the legal aspects, but oftentimes personal relationships that have gone sour. These are delicate situations that must be handled with proper methods to build a good case. Your lawyer should understand not only how the system works, but also the psychological and emotional state of all parties involved.

2. What is your success rate for the cases you've worked with?

Although even the best of domestic violence lawyers will not boast of "winning them all" the lawyer you choose should at least have a good success rate. Ask him to describe two or three cases that were similar to yours and what the outcome was (positive or negative) so you can have an idea of what to expect.

3. How much will this cost?

It's important to establish the fees up front. Some lawyers charge by the hour while others have set fees for certain types of cases. If charging by the hour, ask how many hours are projected for your case so you can get an idea of the overall expense. Also, ask how payments should be made. You might be able to set up a payment plan or pay per visit.

4. Do you have an AV Peer Review Rating, and what are your credentials?

Credentials might not mean much when under fire, but they do give peace of mind when you're first seeking a lawyer. An AV Peer Review Rating, for example, is a significant accomplishment and offers proof of integrity as a lawyer as well as years of experience. If the attorney you are considering has a website, you can read about the credentials and accomplishments there. If not, don't be afraid to ask.

5. Are you familiar with local laws and police procedures regarding domestic violence?

Every city differs in how emergency calls are handled. Police officers are trained to handle these calls in various ways, depending on the nature of the call. Domestic violence calls can sometimes be life-threatening to all involved, so the police must handle every call delicately and soberly. You'll want a domestic violence attorney that knows the local laws and procedures, how calls are handled and how evidence is gathered. For example, if you live in Miami, Florida, your attorney needs to be familiar with laws, procedures and local courts in Miami to adequately defend you.

These five questions will provide you with valuable information about the attorney you are considering. If he doesn't fare well with these questions, then move on to the next one on the list. Don't be overtaken with vain words. Your life and future depend on finding the best domestic violence attorney for your situation.