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.

Sunday, August 22, 2010

If You Are Charged With Drunk Driving, You Need a Lawyer

Simply stated, if you are stopped and charged with drunk driving, you need to hire a lawyer. This is true whether it is your first offense or your second, third, or later offense.

Most states have ways of reducing the legal penalties for first time offenders.

Most states have some type of pre-trial intervention program for drivers charged for the first time with drunk driving. In these cases, the driver does not go to court, but admits driving when drunk. In exchange for the admission, the driver is required to go to alcohol awareness classes, perform community service, and/or pay a fine. Because the driver does not go to court, there is not a record of conviction for drunk driving.

Other states have a system whereby a driver goes to court, admits to driving when drunk, and receives a reduced penalty. Often the penalty is to require that the driver perform some type of community service, attend alcohol/drug awareness classes, and pay a reduced fine. After a period of time, if the driver is not charged again with driving under the influence, the driver can seek to have the conviction expunged or removed from the driver's record.

Negotiating either one of the above two situations is really a job for an experienced attorney. Individual drivers do not know how the system works and may not receive as good of a deal as the lawyer can get for the driver.

For multiple offenders, the legal penalties can be stiff including jail time. Because of the stiff penalties, many second, third, etc., drunk driving offense cases go to trial.

Some people think that since they know the drunk driving laws, they can handle their own case without a lawyer. However, knowing the laws is not enough. When cases go to court, the driver defendant needs to also know rules of criminal procedure, rules of evidence, and local court rules and procedures.

The defendant driver also needs to know how to present a case, what motions to make, and when to make the motions. For a simple example, in the prosecution of a drunk driving case, the prosecutor must prove that the incident occurred within the jurisdiction of the Court. If the prosecution does not prove where the incident occurred, then a motion must be made at the right time to have the case dismisses. An untrained individual will most likely miss this fact and motion.

Experienced lawyers know what needs to be proven and how to present a defense in court.

This is general information only. If you have any questions whatsoever, talk with a lawyer licensed in your state.

This article may be republished, but the wording must not be changed and the author links must remain active.

Saturday, August 21, 2010

Are You Facing a Theft Charge? Hire Yourself a Reputable and Experienced Criminal Defense Attorney

When you're charged with a crime, the experience is not pleasant and theft charges can be quite complicated to muddle through. After all, there are several different types of theft charges; some are misdemeanors while others are felonies. If you're facing theft charges, it's important you know the different kinds and what they mean. You can get through this by finding yourself a criminal defense attorney and retaining his/her services.

An experienced criminal defense lawyer will be able to assist you in your criminal defense case. The attorney will know the difference between the theft charges and help you to understand what your options are. If you don't have this knowledge, you're less likely to be successful in your criminal defense.

While you're assured an attorney by the Constitution's Bill of Rights, that doesn't mean you'll get the best-representing attorney. Public defenders have experience in many factions of the court law so they may have some experience but not the experience you'd want for your case. Look for legal representation that knows what they are doing rather than someone who is learning alongside you.

While court-appointed attorneys do their best to represent you, they have many court cases they must contend with. A large caseload often requires them to accept plea bargains even if it's not in your best interest. Make sure that your attorney will weigh the options before he/she recommends what route you should take.

If it looks like your case is heading to trial, find an attorney who's got plenty of trial experience. Arguing a case is much more than strongly telling your side of the story; it also includes filing the right motions or introducing evidence into court. It also involves knowing how to sway the jury with the knowledge of the human nature. If your attorney has plenty of courtroom experience, they'll give you the best defense possible.

When you're trying to hire an attorney, you want one that makes you feel comfortable. It's not uncommon for people facing theft charges to feel uncomfortable talking about the case, as they feel judged before they've had a chance to explain their side of the story in court. Your attorney should listen to you with an open mind and discuss with you all points of the case.

Your criminal lawyer should have positive results in prior theft cases. While you're unlikely to find a lawyer who's won every single one of his/her cases, you certainly don't want a criminal lawyer who's never won a case. What you should look for is a lawyer who's got a strong acquittal record as well as plea-bargains or dropped charges on minor charges.

Regardless of what crime you're accused of and charged with, you should find the legal counsel that will give you the best representation possible. Make sure the counsel you get has a history of winning theft cases and that you're comfortable talking and working with him/her.

Friday, August 20, 2010

Testifying in Court Article 2 - 8 Things to Think About‏

If you are scheduled to testify at trial, you are probably very nervous. That's normal. Just remember to listen to your attorney because he or she knows your case (hopefully!) and is on your side (also hopefully!). Also, here are 8 things to think about before you take the stand.

1. Practice makes perfect and it's perfectly OK to rehearse. Your lawyer should take the time to review with you the questions he or she is going to ask you as well as possible questions from the other side. There should be no surprises. You should not be surprised by what you are asked by your lawyer and your lawyer should never be surprised by your answers to any questions.

2. Keep your answers simple. A good attorney will ask yes or no questions and you should answer with a yes or no. When you offer too much information, you run the risk of having your words twisted.

3. Don't anticipate a question. Stay alert, listen and answer the question posed. Witnesses sometimes begin to answer a question before it's been fully asked and that can cause you to be misunderstood or offer too much information. Rather, take your time, listen to what is said and be sure of your answer.

4. You only get one chance to make a first impression to a judge or jury. So, dress appropriately. Wrinkled clothing and an untidy appearance are simply not going to bode well with a Judge or jury. If you present an appearance of respect to the court, you will get respect and, in turn, your testimony will more likely be respected and believed.

5. Relax and speak loudly and clearly. A strong, clear voice will be an asset to you.

6. Be patient. While the Judge and lawyers are hashing out the technical stuff such as motions being filed or side conferences with the Judge, try to sit tight. You are getting your day in court and your chance to tell your story. So, let the lawyers and Judge do what they have to do even if it holds you up.

7. It's ok to bring a friend or family member along for support. If they aren't also a witness, they are allowed to sit in on the trial and it might help to have a friendly face to look at.

8. Last but certainly not least - Tell the truth (The whole truth and nothing but the truth). Do not embellish or say what you think the Judge or jury wants to hear. It could severely hurt your case because it gives the other side's attorney a chance to pick apart the nuances of your testimony. Also, if you are asked a question you don't know the answer to, say that you don't know. If you don't understand a question, just say that you do not understand. In a word, be honest.

Thursday, August 19, 2010

Six Signs You Have A Good Lawyer!

There are thousands of lawyers in California who seem to have a similar education, licensing and specialization and yet the experience that different clients have with their attorneys are so different from one another.

So, how do you know that your attorney is the one who will provide you with quality legal representation:

1. Your attorney is not overconfident in the outcome of your case. No matter how experienced and seasoned the lawyer is, he cannot and should never be sure of the outcome of your case. There are so many facts and circumstances that might come into play as the case develops and the nature of our legal system is such that there is simply no way to know for sure whether you will win or lose and if you win - how much exactly you will recover from the other side.

A responsible legal professional will assure you that he will do the best he can to represent you as aggressively as possible but he will not make any promises as to how much you will recover and how long exactly the process will take.

2. A good attorney should not act like a pushy salesman. He shouldn't shove papers underneath your hand for your signature telling you that "it's ok and you have nothing to worry about." Instead, he should explain to you in plain and understandable terms what you are signing, why it is necessary and what the consequences of your executing that document are. For instance, a good attorney will go over your services contract with him, paragraph by paragraph, making sure that you understand what the scope and the limitations of the legal services you will be provided with.

A good attorney will also advise you that you are free to terminate your agreement at any time and seek alternate counsel and hire a different attorney of your choice at any time.

A good attorney is patient with his clients and makes sure that you have a general understanding of the process, and he doesn't make you feel unwelcome or like you are wasting his time.

3. A good lawyer is capable of keeping in touch with you in a way that makes you feel that your case gets the attention it requires. An attorney has a duty to communicate with his client on a consistent basis. One of the most common complaints reported to the California State Bar by clients is that attorney fail to communicate and return phone calls / e-mails and letters from their clients. Being ignored is a frustrating experience in any setting - professionally, socially and especially when it comes to dealing with a lawyer. Litigation process is stressful enough and raises many questions or concerns in a client as the case develops that need to be addressed promptly. A good attorney is not "too busy" to return your calls and he keeps you informed of the developments of your case.

4. A good attorney will advise you not only how to prosecute your case but whether or not it is worth your time, money, energy and emotions to actually go after it. Not every fight is worth fighting and sometimes it is a better idea to walk away for your own benefit even if the other side gets away and isn't held liable. An honest attorney will not make you fight a case just to charge you an hourly fee. He truly does work in the best interests of his clients by not only pursuing their legal rights but also advising them whether or not it's prudent to pursue a case altogether.

5. A good lawyer is not too busy to handle your case. A competent lawyer will not take on more work than he can handle in a quality manner. A good attorney will not sacrifice the quality of his services for the sheer volume of the business because he realizes that his reputation and concern for his existing clients' cases is his priority.

6. Lastly, your attorney doesn't come across as a "typical" lawyer. A great attorney defies the stereotypes that are commonly associated with the legal profession - arrogance, greed and flamboyance, and substance abuse. He is friendly, personable and charismatic and you actually enjoy working with him/her.

Wednesday, August 18, 2010

Assault Vs Battery

The term "assault and battery" is a very familiar one, but the differences may escape most people. We're so used to hearing them as a pair that many Americans don't know what the difference between the two is and how those differences affect the consequences of the crimes. Knowing what assault and battery are and how they differ can be important to establishing your innocence. Discussing your charge with a criminal attorney can be an important step in defending yourself.

Assault

In the United States, assault is a crime of violence in which violence is threatened against someone, and usually followed up by the display of force. For example, if someone threatens you and pulls out a knife, that person has committed assault. Additionally, assault may also include any threat of physical contact. Other countries may define assault differently.

Assault is the threat of attack, not the attack itself. You do not have to be even touched for the other person to have committed assault. Let's say you're watching a game at your local sports bar and another patron has had too much to drink. He gets aggressive towards you and begins threatening you with violence, saying that if you don't get out of his face, he's going to hit you, raising his hands threateningly. Even though he has not actually hit you, his verbal threats and the brandishing of his fists means that he has committed assault and can be arrested.

Battery

Battery, however, is defined as the actual violent contact against someone. Depending on the circumstances, it may be either a misdemeanor or a felony. To prove battery, the prosecutor must establish that an unlawful display of force has been applied to another person which results in injury or offensive contact. To put this in layman's terms, the lawyer must show that the defendant has violently attacked the victim.

Battery is often preceded by assault, and both crimes can occur in the same act. If the person at the sports bar had followed through on his threat and attacked you, he would have committed both assault and battery. However, battery does not always occur with assault. If an attacker jumps you and hits you without threatening you, only battery has been committed, not assault.

If you're interested in learning more about assault and battery, or have any other questions about criminal defense law, visit www.criminallawyerbocaraton.com.

Tuesday, August 17, 2010

Insurance Disputes and Bad Faith - Differences in These Actions and How to Retain Insurance

Each state has its own set of laws that address the selling of insurance policies and how loses on these policies are to be handled with an insured. Each state also has its own Insurance Commission which is in charge of making sure that insurance companies doing business in their state are following the insurance rules for that state. Just because there are regulations pertinent to insurance companies, it does not mean that these companies don't sometimes engage in activities that are contrary to state law. When a company violates these state mandated principles governing insurance agreements, it may constitute a breach of the policy or even be considered bad faith. The insurance company taking to much time in making a decision on a claim or requiring unreasonable actions or documentation from an insured to prove a claim can evidence bad faith.

In addition to the value of the claim itself, the remedy for an company's breach of the policy, an insurance company acting in bad faith may also be liable for damages for causing emotional distress to the plaintiff and perhaps even punitive damages if their pattern of conduct is so outrageous to disturb the general public. Types of insurance policies where a breach of the policy or insurance bad faith may occur include: homeowner's insurance, fire insurance, uninsured motorist insurance, commercial insurance, life insurance and health insurance policies. Types of claims can include the following types of insurance losses: fire loss, theft loss, flood loss, weather related loss, automobile loss, commercial losses, health claims and life insurance claims.

Should you be involved in a situation where your company is denying your claim, demanding unreasonable hoops for you to jump through or is dragging its feet in advising you if your claim is accepted or denied, you should engage the help of an experienced insurance dispute or bad faith lawyer. The experience you should look for in hiring an expert insurance lawyer should be whether or not the attorney has insurance experience. Such experience should be in the form of whether or not the attorney has handled these types of claims before, whether or not the lawyer is a former insurance adjuster or whether or not the attorney has previously represented insurance companies at some time in his practice. A well-seasoned and experienced insurance lawyer will have many cases under his belt and will be familiar with all the language of the insurance agreement. Such language is usually highly technical and may be difficult for some to understand.

In addition to the experience a lawyer may have you also need to make sure that the insurance attorney has the resources and funds to be put forward in any insurance breach of contract lawsuit or any insurance bad faith litigation. The cost alone in these types of cases could run into the 4 to 6 figure range. Such cost include the hiring of insurance experts to provide a coverage opinion in your case and to provide deposition testimony. In short, these types of cases can be very complicated, technical and expensive. Therefore, take care in hiring an insurance dispute attorney and an insurance bad faith lawyer.

Monday, August 16, 2010

Burial and Funeral Costs For a Wrongful Death

The underlying circumstances surrounding a loved one's death are never an easy situation to delve upon. You are at your most vulnerable state, oftentimes feeling mixed emotions of anger, pain, frustration, sorrow, and uncertainty. While it is true that all deaths are difficult to bear, it is oftentimes more devastating when your loved one's death is premature just because of somebody else's carelessness or negligence.

Apart from the emotional baggage, the surviving family members are likewise beset with a pile up of financial worries. This includes burial and funeral costs that are admittedly incredibly expensive these days. In a wrongful death case, these costs can be fortunately compensated for. It is just a matter of consulting a competent and reliable attorney who has experience in this type of lawsuit to help you in claiming the compensation that you deserve.

There are a number of situations that can possibly result to filing a wrongful death suit. Examples of these circumstances include a victim's death caused by defective vehicular parts, food products that are proven to be contaminated or poisonous, motor collisions with the accused party driving while drunk and reckless, or even abuse from the a nursing home facility that eventually led to the patient's death. If you think that the situation surrounding your loved one's death could fit into these types of negligent practice, then you might want to immediately consult a wrongful death lawyer to determine the graveness of your loved one's case.

Having said that, ascertaining that your family member's death is caused by someone else's negligence, carelessness, or just plain unreasonable inaction during the tragic event can be quite tricky and difficult to prove. This is why you inevitably need the expertise and solid experience of a specialized wrongful death lawyer. He possesses the years of legal training and familiarity with the different cases of this type and hence, will have better understanding to prove the negligent fault of the accused party.

Your attorney will likewise be able to determine how much your premature death settlement claim is really worth. The financial estimate will, of course, vary from one wrongful death case to another and will largely depend on the complexity and graveness of the situation. Among other several considerations, these circumstances will lead your wrongful death attorney to the right and just financial estimate as to how much you can possibly claim for your wrongful death compensation.

Sunday, August 15, 2010

Personal Injury Claim? Maximize Your Settlement

Retaining an Oklahoma Injury Lawyer - Retain the Right Law Firm

If you or someone you love has been injured as a result of the actions of someone else, you face many stresses and need to make several decisions. One of those decisions is whether or not to pursue legal action against those you feel are responsible for your injuries, and like any decision, it's best to come to a conclusion in this regard with a fundamental basis of knowledge.

The most efficient way to acquire this knowledge is to schedule a consultation with an Oklahoma injury lawyer, as that initial consultation will likely provide you with the answers to your basic questions. However, many hesitate to take this step because they are not sure how to proceed in choosing the proper injury lawyer. Below is a brief overview of what steps you should take in choosing and hiring an injury lawyer.

Step One - Information Gathering

People learn of attorneys in several ways, and this includes personal referrals, Internet research and advertising. Generally, personal referrals are considered a strong source of information, as these are usually generated by satisfied former clients, but the Internet is also a valuable tool in that you have the opportunity to view the firm's Web site and to read about the firm's or the Oklahoma injury attorneys qualifications, style and experience. Advertisements should be taken with a grain of salt, as there is very little information provided in television or radio advertisements or in the phone directory.

Step Two - The Initial Meeting

After you've compiled your list of potential injury attorneys, you need to contact those attorneys to schedule an initial consultation. This is not their time to analyze you, it is your turn to put the attorney in the interviewee position. It is at this early juncture that you should begin the process of evaluating your potential injury attorneys, as such factors as their promptness in returning your contacts is a relevant factor in your ultimate decision.

During the interview, you need to remember that you are the one guiding the process. Therefore, you should not hesitate to ask any questions that are on your mind, as a reputable attorney will have no problem answering them. These questions should be geared towards the attorney's experience, including how long he or she has been practicing law, whether he or she has had any problems with the Bar Association, how many injury claims he or she has handled and how many trials he or she has overseen.

Trial experience is an important factor as well, as you'll want to work with an attorney who is not afraid to fight for your rights diligently, and there are times when a settlement is simply not in your best interests. Finally, you need to discuss the fees involved, and your attorney should be able to explain this to you clearly so that there is no confusion and no surprises arise later in the process.

Step Three - The Decision; Which Attorney?

Finally, after you've conducted your interviews and have had your questions fully answered, you need to make a decision. Obviously, you need to base your decision largely on the answers provided in your initial meeting, and you need to check the Bar Association's database either online or over the phone to make sure that there is no record of discipline, but beyond those tangible factors, you need to trust your instincts.

Choose the injury attorney who you feel is the best fit for you, as you will depend on him or her throughout this process. Choosing the best lawyer for your claim will help maximize your personal injury settlement. When you make your decision, you'll sign a retainer agreement (this will ) and the process of fighting for your rights begins. Overall, you need to work through this process quickly, as there are time limits involved with fighting a claim, so contact an injury attorney as soon as possible.

Saturday, August 14, 2010

DUI Law - Your Miranda Rights

The fifth amendment to the United States Constitution guarantees, among other things, the right of any person accused of a crime to not testify against himself. This amendment has been a part of the U.S. Constitution since 1791. However, it was not until the 1960s that law enforcement were forced to really take this Constitutional Right seriously.

In 1963 a man named Ernesto Arturo Miranda was arrest for robbery. During the course of police interrogation, Miranda confessed to another serious crime. Ultimately, the courts decided that since Miranda had not been informed of his fifth amendment rights and had not waived them, his confession was not valid.

It is because of this case that law enforcement officers today read what is known as the Miranda Warning to anyone they arrest. The Miranda Warning is simply a statement of every citizens rights to avoid self-incrimination and to legal representation under the U.S. Constitution. Almost everyone is familiar with this warning, having heard it on television or in movies if never in person:

"You have the right to remain silent, anything you say can and will be used against you in the court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you."

It is unlawful for a police officer to take a person into custody without reading that warning. Neither is it advisable that anyone being arrested confess to being aware of that warning should police fail to read it to them. This is because, if the Miranda Warning was not read to the person being arrested then there could be very serious ramifications on the ensuing criminal case.

In many instances, determination of whether or not an individual suspected of driving while intoxicated is over the legal limit or not is still done by a field sobriety test issued by the arresting officer. Field sobriety tests are good at help an officer decide if a person is too impaired to drive. However, they do not give the officer any idea of just what that person's blood alcohol level really is.

Is the person very drunk? Are they just slightly over the limit? Are they even over the limit at all? The officer has no way to know for sure from just a field sobriety test. In most instances the police officer, telling you that the field sobriety test demonstrates that you have been drinking, will attempt to get you to confess to drinking and to how much you have had to drink. However, if you answer these questions and your Miranda Rights have not been read to you nor have you waived those rights then your confession is not admissible in court.

Even if the addressing officer does use a breathalyzer test to determine if your BAC is over the limit, he still has to read your rights to you. If he fails to do so then your case may end up being dismissed. If your rights were not read to you when you were arrested it is important to let your attorney know.

Friday, August 13, 2010

What You Need to Know About Credit Repair Sample Letters

Ok, I am going to go through a quick run down of what you need to know about credit repair sample letters. There are free sources on the internet as well as paid more specialized sources. But here is the gist of it.


First of all, be polite and straight to the point. Open the letter with the regular everyday letter openings. Dear credit bureau, To whom ever it may concern, etc. What ever floats your boat.
Then state the obvious: This letter is a formal complaint that you are reporting inaccurate data.
State that you are distressed, frustrated, angry, how ever you feel about it, that this incorrect information is on your credit report.
Be sure to remind them that credit reporting laws require them to report only accurate data.
Credit agencies receive over 10,000 letters a day. So they tend to give the most attention to seriously wronged consumers. So tell them how this error has wronged you. Turned down for a load that you really needed. The embarrassment of rejection. Your dog died because you couldn't get a loan for a new kidney. You get my point.
Show proof. Bank records should do. Refer to them in you letter and attach them.
Give the name of the creditor and the account number and stress that the data needs to be removed immediately.
Sign your name and have your social security number underneath.
Keep a copy of the letter for your own personal records and send it registered mail.
Again, be sure you have proof that the reported information is wrong.

Thursday, August 12, 2010

Panama Instant Passport and Residency Programs

Panama offers a multitude of programs enabling one to fairly easily obtain a Passport, Visa, Residency and Citizenship. Panama is an excellent place for a second passport (2nd passport). The plans are outlined below. Do feel free to ask questions. We do not advise attempting to deal with the immigration authorities without adequate legal representation by a competent attorney.

Warning: All of our passport programs require you to be physically present at the immigration department for fingerprinting and photographing. These are NOT the "Pay someone off in the dark" programs you see on the internet which do not require you to go to the country physically and come with a passport, identity card and driver's license. There are numerous stories on the internet if you look for them of people getting arrested all over the world when they attempt to travel on these passports. What is often done is passport blanks that come back from the manufacturer slightly defective (bad printing, stitching etc.) are marked as not usable by the government and are then sold by unscrupulous immigration officials through third parties. The problem is when the country that issued those does an audit of their immigration department they pick these things up and then the passports are flagged as fraudulent or stolen and this is sitting in some unfortunate person's wallet waiting to be used and can cause a police detention with likely arrest to follow. There was just a raid recently in Guyana and the corrupt immigration officials there were issuing hundreds of passports daily. Now along comes some guy who bought one of these "officially issued" passports and he goes through immigration in say the EU. Well he doesn't appear to be a Guyana type so they query around a bit and he gets arrested. Months after the scandal we still see Guyana Passports being sold on the internet which makes one wonder.

We even see Diplomatic passports being sold on the internet for $50,000 and up. This is ridiculous. What the buyers are not aware of is in almost all countries travel using a Diplomatic passport requires a visa so the country you intend to visit will require you to physically submit the diplomatic passport to their embassy for a visa which will involve scrutiny. So when they contact the diplomatic passport issuing government to verify the purpose of your visit, duration, whether or not you will be attached to the embassy, etc. what do you think is going to happen? Do you think the issuing government is going to provide official documentation for all of your journeys? Do you think they will even know who you are? They will most likely remain non responsive and your passport will probably never be returned as a best case scenario but this would most likely be followed by a knock at the door shake you up or arrest you visit by some authorities depending on where you live, admittedly some countries will not care what you did but others that are terrorist sensitive will get really interested in you and your whole life and you should expect to be added into the watch/stop list making airport travel a nightmare for the next ten or twenty years. The government that issued this diplomatic passport may also contact you after they get contacted for a $10,000 bribe or they will make trouble for you and on it goes. Remember why do you see Nigerian Scam Emails - because they work. There are a lot of stupid people out there so don't be one of them.
How can you tell if a second passport or residency/citizenship program is real?

Be careful when buying a second passport (2nd passport). First thing to look for is the statues in the law that contain the laws spelling out the program you are considering. If there are no statues run the other way. If you are told about a special program not for everyone, run.

Next make sure when buying a second passport (2nd passport) you will be going physically to the immigration department in the country for processing, photographs and fingerprints. This will greatly cut down the odds of a scam. Normally the country will want to know who you are, and like to see and copy a valid passport as a minimum. If the deal is you give them pictures and they send you the documents run away, this is probably a scam involving a counterfeit passport blank or a stolen one. I have even heard of them applying for passports in the name of a dead person using your picture. What if he was a dead criminal with warrants outstanding?

When buying a second passport (2nd passport) never agree to get a name change and a second passport all in one shot unless it involves court appearances for the name change. If not this probably involves a corrupt government official and will surely be trouble. If you do a name change in court in some jurisdiction make sure it is not public record or it is greatly diminished in value. Never carry two different passports with your picture in both that have different names unless you enjoy being detained at airports, border crossings etc. A lot of scams involve a story that goes like this; Ok Mr. Gringo you want the passport to be able to travel and open bank accounts and not as a citizen of the USA, EU, Canada etc. Ok well it is best to do so using a name that sounds like someone's name in our country, here let me suggest this name: Enrique Haeverra. Hey that sounds great you say. Now what you don't know is they got Enrique's name off of a tombstone and they are going to identity theft the dead guy for you. This will probably blow up when a cross reference is made or something causes a record check like you trying to enter the country some day and then you are in for it. Remember you don't talk, look, act or have a story like someone from their country should. Some jerk criminal buys such a passport and then gets caught doing something no regular person would do like money laundering 25 million dollars and then they pull his papers, scrutinize them, see the fraud and the pull all the fraud papers of the corrupt official who signed the bad guys papers and then start canceling all the passports this corrupt official processed illegally for fraud, theft, corruption or just to shake you down for money for playing games with their country and of course you better believe they are going to think you are a millionaire.

Another scam is selling second passports (2nd passport) from non-existent or non-recognized countries. This is done a lot usually for $1000-$2000. There are very few countries who will ever accept these passports and then usually only at border crossings. Usage is hit or miss, mostly misses. People buy these to open bank accounts with offshore. This sometimes works but usually in small countries with small banks. The problem comes when the bank examiner looks over their files and sees one of the fantasia passports as an identity document. He hits the roof and says I want to see real passports for all these people in here in 30 days or lock down these accounts. Now what do you do?
Below you can read about all the Panama Passport, Residency and Citizenship programs that are all in the Panama Laws.
Immediate Panama Passport

This program allows foreigners to obtain immediate Panamanian Passport (there is no citizenship that goes with this) under the condition that they make a 5 year certificate of deposit (CD), at the Banco Nacional de Panama (Panama's Government Bank), which earns a minimum of US $750 per month in interest income which currently requires about $175,000 to be deposited. This is a relatively simple, direct program. A visit to Panama is required. One must already have a valid passport that enables them to come into Panama. Getting your Passport in 30 days from time of completion of all required documentation is possible but time frames vary according to workload, holidays etc. The visa and passport is renewable every five years, which requires the CD to be renewed.

The Tourist Pensioner Visa (Turista Pensionado)

This visa is designed for persons whose pension from a government entity or private corporation is $500 or more ($600 or more for a couple per month). You will have to prove this under scrutiny. Usually a pension statement from the government or private pension will suffice but backup bank deposit records could not hurt. The Pensionado Visa is granted indefinitely but it is necessary to prove to the Immigration Department on an annual basis that the income is still flowing from your pension. The benefits include one-time exemption of duties for the importation of household goods (up to $10,000) and an exemption every two years of duties for the importation of a car. There is also a basket of other benefits and discounts available to those holding this Visa. However, please note that under this visa you cannot qualify to acquire Panamanian citizenship or passport, but you do get a Cedulla (national identity card). This would greatly facilitate the opening of bank accounts, financing of real estate, cars, etc. Legal Details of the Pensionado Program follow:

The following are the benefits and privileges for all those classified as Jubilados & Pensionados (irregardless of age) and for all other residents of Panama be they Panamañian or foreign nationals residing in Panama in their 3rd and 4th Ages. It sets the age at 55 for women and 60 for men. Law No. 6 of 16 of June 1987, modified by subsequent changes in the law by Law 18 of 1989, Law 15 of 1992, Law 37 of 2001 and Law 14 of 2003. (As a matter of practicality most establishments will offer the Pensionado discounts to anyone who has the Pensionado id irrespective of their age. Some people are retired at an earlier age.)
SUMMARY IN ENGLISH OF BENEFITS AND DISCOUNTS:

Article I
To receive these benefits, it sets the age at 55 for women and 60 for men for all residents of Panama be they Panamañians or of different nationalities irregardless of age. And it states that all Jubilados and Pensionados (irregardless of age) are also entitled to these benefits:

1. Discount of 50% of price charged for entrance to recreation and entertainment activities, such as movies, theaters, sports and other public productions. This discount is not applicable for those events marked as benefits for the youth, homeless or those specifically authorized by the competent authorities.

2. Discounts for the following means of public transportation:

* Inter-Urban buses, 30%

* Trains, 30%

* Launches and boats, 30%

* 25% discount in air fares in public and private national and foreign Airlines.

3. A minimum discount of the regular prices of hotels, motels and pensions:

1. 50% from Monday to Thursday

2. 30% on Friday, Saturday and Sunday

3. 25% discount of food consumed by the individual in all restaurants except for the Fondas which do not require license to operate.

4. 15% discount in those rapid food establishments.

5. 15% discount in the total cost for services of hospitals and private clinics.

6. 10% discount in pharmacies for those medications obtained with a medical prescription.

1. Discounts in the following medical services:

1. 20% in consultation fees of general medicine doctors and medical and surgical specialists.

2. 15% for dental services.

3. 15% for optometry

2. Insurance companies that include in their policies health benefits for illness shall adjust their fees to include the necessary adjustment so that the benefits of these discounts are transferred in the payment of the premiums when the insured is 55 years old if female, and 60 years old if male and to the Pensionados & Jubilados.

3. 20% discount for technical and professional services.

4. 20% discount for all prosthetic devices as well as those items and accessories of personal assistance.

5. 50% discount in cost of passports.

6. 25% discount in monthly electrical consumption of private or public entity up to 600KW's and the normal tariffs will be applied to anything above that amount.

7. Discuss discounts to properties owned by associations of jubilados and pensionados and the different discounts they are entitled.

8. 25% discount to the basic phone service charges when:

1. the phone service is in the name of the individual

2. is for a residential phone

3. is for one and only one phone. The normal tariffs will apply for anything more.

9. 25% discount in the water bill as long as:

1. the consumption does not exceed $30.00

2. by bill is in the individuals name

3. the bill is residential and is the prime residence. The normal tariffs will apply to all other residences.

Private Income Retiree Visa (Rentista Retirado)

This visa is for persons who don't have a monthly pension, are no longer working, and have received a retirement lump sum. As a visa requirement, that money is to be deposited on a five-year certificate of deposit with the National Bank of Panama, to yield at least $750 a month (at current rates the face value of the CD would need to be approximately $175,000). The visa is renewable every five years, as long as the CD is renewed. The Private Income Retiree Visa includes such benefits as a traveling Panamanian passport (that however does NOT grant nationality), a one-time exemption of duties for the importation of household goods (up to $10,000), and an exemption every two years of duties for the importation of a car.
Person of Means Visa (Solvencia Económica Propia)

Designed for those who wish to live in Panama off their own means, without the need or desire to work or start a business. The person must have a one-year certificate of deposit in any local bank of at least $200,000. $80,000 of the $200,000 can be in the form of a home purchase. Upon applying for the first, provisional renewal of this visa, the certificate of deposit must also be renewed for one more year. After renewal, the visa is granted permanently with the right to a cedula (local identity card). Five years after obtaining the permanent visa, holders will be eligible to apply for Panamanian nationality.
Investor Visa (Inversionista)

Designed for those who wish to establish a business in Panama (note, though, that some retail businesses and some professions are reserved to Panamanians). There must be a minimum investment of $150,000 and minimum of three, permanent Panamanian employees hired. It is granted provisionally for one year and after renewal is granted permanently with the right to be issued a cedula. Five years after obtaining the permanent visa, holders will be eligible to apply for Panamanian nationality.
Small Business Investor Visa
(Inversionista de Pequeña Empresa)

Designed for those who wish to establish a small business in Panama (note that retail businesses and some professions are reserved to Panamanians). There must be a minimum investment of $40,000 and minimum of three permanent Panamanian employees hired. It is granted provisionally for one year, and needs to be renewed three more times before it is granted permanently with the right to a cedula. Five years after obtaining the permanent visa, holders will be eligible to obtain Panamanian nationality.
Self Economic Solvency Visa

Law Number 16, of June 30, 1960 created this program to offer international investors the opportunity to obtain legal residency, citizenship (and passport) in Panama through certain investments in the Republic of Panama.

The Self-Economic Solvency Visa offers three (3) different investment options to qualify for residency status in the Republic of Panama;
Agricultural Investor Visa

Law number 16 of 1960 created this program ("Visa en Calidad de Agricultor") as a means to offer foreigners the opportunity to become permanent residents and citizens in Panama by investing in farms and agriculture in the Republic of Panama.
Small Business Investor Program

This program allows foreign business owners to obtain legal residency in Panama under the condition that they invest a minimum of US$40,000 in either a new business venture, or an established company in Panama. Part of the requirement is that the business must employ at least 3 Panamanian employees paying them at least minimum wage, with social security benefits.
Tax Free Processing Zone Investor Progam

This program allows foreign investors to obtain legal residency in Panama under the condition that they must rent a plot of land or an office or building (rented through a 10 to 20 year concession) within one of the new tax free processing zones in Panama, for the purpose of operating a business from Panama that exports its products or services.
City of Knowledge Work Visa Program

This program allows foreign investors to obtain up to 5 work visas (valid for an initial term of 2 years, and renewable for an additional 2 years) for their company in Panama under the condition that they must rent an office or building within the City of Knowledge of Panama (located within the former Fort Clayton military base), for the purpose of operating a business from Panama.
Temporary Immigrant Visa
Student Visa

This program allows foreign students to obtain legal residency in Panama under the condition that they will be living in Panama for educational purposes, such as attending a Panamanian university, school, etc.

For more infomation on Panama Passports, Panama Residency, Citizenship or Visas click here:
http://www.panamalaw.org

Wednesday, August 11, 2010

Detecting Reckless Drivers

It is estimated by the National Highway Traffic Administration that a fatal car accident occurs every 13 minutes on American roadways, making car wrecks the number one cause of death for persons between the ages of 2 and 34. For these reasons, it is important to always remain alert and attentive when behind the wheel. Knowing how to detect and avoid a reckless driver can help protect you and your family from a tragic accident.

What to Look For

In order to stay safe while driving, one must follow all traffic laws, remain alert, and be able to detect and avoid other hazardous driving conditions, one of which may be a reckless driver. Statistics indicate that younger, less experienced drivers are the most likely to develop poor driving habits. When you are driving, be on the look out signs of a reckless driver, such as:

Excessive speeding
Weaving in and out of traffic
Ignoring or disobeying traffic laws
Following too closely, or "tailgating"
Abrupt lane changes

Detecting reckless drivers is relatively easy; however, avoiding them may not be.

Avoiding a Collision

If you encounter a reckless driver, do your best to remain a safe distance away. Let them pass you, do not speed up in an attempt to prevent them from darting in front of you. It is best to slow down, change lanes, or turn to avoid an accident. Reckless drivers are unpredictable and oftentimes aggressive, so protect yourself and your loved ones by steering clear.

Accidents and Liability

If you or someone you love has been injured in a car accident that was caused by another driver's negligence or recklessness, you may be eligible to receive compensation for your losses, including:

All related medical expenses
Lost wages (both past and future)
Pain and suffering
Property damage
Wrongful death of a loved one

Tuesday, August 10, 2010

Washington Domestic Violence Law

Domestic Violence Charges in Washington

A charge of domestic violence can initiate not one, but a series of criminal prosecutions, setting actions in motion that can have very serious, long-term consequences. Washington state law provides for vigorous prosecution of anyone charged with the crime of domestic violence (DV). It is, in fact, one of the most zealously prosecuted crimes in the state. As in many criminal prosecutions, competent legal counsel is critical to assure that the person charged is provided an effective and timely defense that will generate the most successful resolution possible.

Washington state law defines DV as any crime committed against a family member, someone living in the same household, or against someone with whom you have or have had a dating relationship. While the majority of domestic violence cases involve couples who are in or have been in an intimate relationship, the scope of the law is not limited to that scenario. It can also apply to parent-child relationships, sibling relationships and various other established associations or domestic affiliations as defined in RCW 26.50.010 and RCW 10.99.020.

Washington state law, specifically RCW 26.50 and RCW 10.99, deals with domestic relations and defines the applicable relationships as well as the behavior considered to be in violation under the law. Harassment, intimidation, threatening, bodily injury or harm, physical or sexual assault, and stalking are just a few of the listed violations. Misdemeanor or felony charges can be filed as a result of any of these actions based on the circumstances and severity of the crime.

Once an arrest for DV has been made, the court will schedule an arraignment proceeding where formal charges will be filed by the prosecution and the defendant will be required to enter a plea of guilty or not guilty. Upon accepting the plea and assuming a not-guilty plea was entered, the judge will determine the conditions of release. Conditions could include participation in a treatment program, electronic home monitoring, or adherence to a no-contact order. The judge may issue a no-contact order at this time if there is not one already in place. A date is set for the pretrial hearing and the defendant may be released based on the judge's conditions. If, on the other hand, a guilty plea is entered, the defendant may be remanded into custody until sentencing.

No-contact orders are issued by the court for the protection of the victim in a DV case. Adherence to the court order is absolutely essential, whether the victim deems it warranted or not. For example, when law enforcement responds to a DV incident and an arrest is made for criminal conduct, the court will determine whether a protection order is warranted. That order must be honored by both parties or a subsequent arrest and prosecution will be initiated for violation. The victim does not have the authority to reverse a no-contact order and must abide by the judge's order or incur additional criminal prosecution.

At the pretrial hearing, the parties will review the charges and any progress in the case to determine its readiness for trial. At this point, the prosecution and defense have the opportunity to amend the charges or the plea, and the case will either be resolved or will proceed to trial. Motion hearings may be set before trial to hear various issues and then, barring settlement or pleading out to a lesser charge, the case will proceed to trial. At trial evidence will be submitted by both parties, and the judge or a jury will enter its judgment accordingly, either for conviction or acquittal.

The laws of the State of Washington are enacted to protect the victims of domestic violence. The court system works in concert with the district attorney to prosecute offenders to the full extent of the law and protect the victim. If you have been arrested for domestic violence, your first response must be to seek qualified legal counsel who can prepare an appropriate response to the charges filed against you. Procedural and legal responses will need to be presented to support your case and these require the experience and expertise of a professional with years of familiarity with the law. A criminal conviction is a lifelong issue and affect everything from your right to vote and be in possession of a firearm to your future freedom and the ability to work at the job of your choice. It is critical to consult an experienced Washington attorney if you face domestic violence charges. For more information about the legal implications of domestic violence charges, visit http://www.vancouverlaw.net

Monday, August 9, 2010

The Battle Royal

Being waged by three Goliaths and one David is the ongoing clash over Medical Malpractice. The Goliaths on the battlefield are the American Medical Association (AMA), the Medical Malpractice Insurers, Medical Malpractice lawyers, and then there stands David and sometimes all David wants is an apology from the medical professional who was responsible for causing his injury. Case in point is a new Virginia (VA) law that allows doctors and hospitals to apologize to the people they hurt by medical errors. The premise behind it is that .if someone had simply been honest and outwardly caring, many times the patient would not contact a personal injury lawyer at all and that's because patients are more upset by how they were treated, than what has happened to them from the standpoint of the medical result.

Interestingly, the medical malpractice insurance lobby pushed this law to passage. See, not everything lobbyists come up with is bad. Does it really matter if the only reason they did it was to earn the huge fees paid to them by their masters? If the results are good then why should anybody care why they did it? Unfortunately, the results are not always so good. A case in point is California that adopted the purposed tort reform caps with abysmal results. There has only been one true beneficiary of California's "tort reform" law and that's California insurers who have profited wildly from it. Now, not to pick on insurance companies as they are mandated to maximize profits for the stockholders, but why do doctors, who see little if any benefit in their liability insurance premiums, continue to wittingly or not, do the insurers' political dirty work for them? If that's not a question that begs for an answer I don't know what is, unfortunately though I can't answer it unless the answer is one of simple 'hubris'. In which case the latest push to exclude jurists and regular run-of-the-mill judges from medical malpractice cases would make a great deal of sense.

Ok, then, let's stick with 'hubris', as we consider that there is presently legislation pending before congress to set up pilot programs which would divert all medical malpractice cases to special courts where they would be judged by "medical experts" chosen by the hospital in which the alleged malpractice occurred. And should it be that a patient or, in a wrongful death, a family member is dissatisfied with the result, well, they then have the option to have their case heard in another special court presided over by a "medical expert" judge. In effect, never again would a doctor have to answer to anyone that was not a medical 'expert'.

In which case let's take a further look at 'experts' who preside over making medical decisions for us non-expert types:

After 27,000 strokes and heart attacks that, according to the FDA, were tied to the use of Celbrex, Vioxx, and Bextra, 32 'pharmaceutical experts' gathered to discuss the problem. Not to say that the intentions of these drugs were not good as they were supposed to provide pain relief to arthritis sufferers without the side effect of an upset stomach. To that end the drugs succeeded, however the unexpected and dramatic spate of strokes and heart attacks among the drugs users was problematic.

Just as an aside and in case you're curious, of the 32 'pharmaceutical experts' 27 of them had direct financial ties to the pharmaceutical industry. Of course, no one least of all me, would accuse them of bias, however their solution to the problem of strokes and heart attacks seems somewhat questionable. But who am I to question these experts in deciding that the perfect solution was not to take the drugs of the market but to put more warning on the label.

Now, just in case you are trending towards the idea that 'medical experts' called in to settle medical malpractice cases as the AMA and Medical Insurance Companies are asking for, would not be such a bad idea, you might want to rethink your position. Unless, of course, you happen to be a Goliath and not a David.

Sunday, August 8, 2010

Auto Accident Injury Lawyer - Do I Need an Attorney to Get an Automobile Accident Settlement?

Are you thinking about hiring an auto accident injury lawyer? In this article we are going to answer the question "Do I need an attorney to get an automobile accident settlement?" There are many things that race through people's minds after a car crash. You may be in shock and not sure what is going on. What is going to happen after the wreck? Am I badly hurt? Is everyone in the car alright? Just are just a few things that are go through people's heads. One of the things that you are probably not going to think about right after a wreck is if you should hire an auto accident injury lawyer. Let's go ahead and look at some things that should answer your question of "Do I need an attorney to get an automobile accident settlement?"

Are There Serious Injuries Involved?

If there are serious injuries involved then you most likely will need to hire an auto accident injury lawyer to get the automobile accident settlement that you deserve. The insurance company will try to get you to sign papers are quickly as possible but never do this before you talk to someone that knows what they are doing. When someone is too eager to give you money you should ask yourself why. The most common reason is because they know that you can demand more and get a better settlement if you knew your rights according to the law.

Is The Insurance Company "Acting Funny"?

As briefly talked about in the above point, the insurance company may begin to act funny. Maybe they are rushing you to sign papers. They may not be returning your phone calls in a timely manner. If any of this sounds familiar then you may want to contact a car wreck lawyer. Never take any chances when it comes to getting what is rightfully yours.

Are Your Confused About What To Do Next?

Even if you have started working on your claim, it's not too late to talk to a professional. They may have to backtrack to fix a couple of your mistakes but they won't mind. If you do not know what to do next and you are confused by the situation you should not go any further on your own. You may actually hurt your chances at get a good settlement. I am sure you would rather take the time to talk to someone that can help you get your money.

Saturday, August 7, 2010

There is Golfer's Elbow Too

The formal name for golfer's elbow is medial epicondylitis. It is a lot like tennis elbow but the inflammation occurs on the inside, rather than the outside of your elbow where the tendons of your forearm muscles are attached. The pain may also exhibit down your forearm and into your wrist. One easily recognizable symptom of golfer's elbow is that the pain intensifies when you flex your wrist toward your forearm. Another common symptom is numbness or tingling that radiates down your forearm into your fingers, usually the ring finger and the little finger.

Golfer's elbow is not necessarily caused by playing golf although gripping or swinging your clubs incorrectly can overstress the tendons and muscles. The pain can begin any time a sudden impact is applied to your elbow or wrist, or it can be the result of repetitive lower-level stress to the wrist, fingers or elbow. It seems to be most common in men between the ages of 20 to 49 but that seems to be more of a coincidence as there is no known gender relationship or age relationship.

If you think that you experience golfer's elbow you should seek medical attention. Leaving it untreated, especially if you continue to play golf regularly, can lead to persistent stiffness and elbow pain and a feeling of weakness in your hand and wrist.

Self care treatment recommended by the Mayo Clinic is to rest your elbow by putting your golf schedule on hold until the pain goes away or until you get a medical OK from your physician. Ice is often helpful to reduce inflammation. Apply ice packs three or four times a day for 20 minutes at a time. Stretching exercises may be helpful too but you should probably receive specific instructions on which exercises and how much exercise from a physician or therapist. Over-the-counter pain medications can be useful too so long as you do not have any other issues with them.

If you do not currently experience golfer's elbow or if you did and have gotten over it there are a few things you can do to help prevent its occurrence in the future. Strengthen your forearm muscles by squeezing a tennis ball or doing repetitive curls with a light weight. Warm up before playing golf by walking briskly or jogging for a few minutes, even back and forth from the practice putting green, and do some gentle stretching before you get on the first tee.

If you feel prone to golfer's elbow maybe your golf swing mechanics are out of whack. The golf swing is a holistic, whole body movement from your feet to your head. Sometimes a small injury somewhere else on your body, or an idiosyncratic hitch to your swing will put extra stress on your wrist and elbow causing the pain.

Bobby Jones said that the secret to his perfect swing was "I keep it simple. I don't fight gravity".

Friday, August 6, 2010

Why Use an Online Mortgage Broker For Your Loan?

OK, so you want to buy a home, or you feel it is time to refinance the mortgage loan you already have. Great! Now what? There are hundreds of banks and other lenders on every corner, aren't there? Type in "mortgage" in Google or another search engine and thousands of sites come up. How do you sort out the players?

First of all, understand that virtually every bank and lender that has a physical branch, known as a "bricks & mortar" presence, also has a website. But not every website has a physical branch at all, or at least not one close to you. For that matter, there are banks that are online banks only, with no physical retail "stores" anywhere!

Obviously there is a huge overhead cost associated with maintaining physical locations. And that cost is passed on to customers. Simple fact of business. So a company that maintains an "online presence only" saves a lot of overhead and their prices are usually lower to reflect that.

Online mortgage sites usually invest, instead, in technology to permit borrowers to visit, read educational articles, check rates, fill out their application right there online, and come back later and log in and check their loan status. Some sites will automatically email a client whenever loan status changes.

We live, as Hillary Clinton once observed, in an increasingly "global village" today, in the early 21st century. It is no longer necessary to drive down to our local bank and apply for a mortgage. It is, in fact, no longer necessary to use our own bank at all! We can obtain a mortgage from a lender across the country if we so choose. Used to be, the "closing" had to take place in an attorney's office or title company office, in person. That as well is no longer necessary. An electronic signature is legally as valid as an original. The entire application and closing can take place via internet, email, fax and overnight courier if we desire.

One important way to differentiate a good online mortgage provider or broker from the rest? Find one that doesn't hit you over the head right away with, "We have the best rates!" The fact is, almost every lender has the same rates. The important quality you should be looking for is, what does this company offer in the way of customized personal attention and service? A mortgage is probably the biggest financial transaction the average person will ever be involved in. Financial planning is vital to make sure you get the right loan product for your individual needs and financial goals.

A Certified Financial Planner is trained to help you find the right loan.

Thursday, August 5, 2010

Electronic Fax Service

Wondering how to get into the new online faxing scene? Well, electronic fax service has come a long way, and here we are going to look at a few things that you should get with your service, and how much you usually need to pay for it.

Ok, first things first. A good, inexpensive fax service is at or around $7 a month. Give or take. So, shop around and make sure you are getting a good price before you sign any contracts! Now, should you get a free trial to test the service? Yes. Most good companies will let you try out the service risk free, and I suggest you do so.

How many pages should you get? About 300 pages a month, give or take a little. How much should extra pages cost you? About seven cents a page. Now, keep in mind the number of faxes you send out a bunch. If you hardly ever fax, you surely don't need this many. Or, maybe you do mass mailings? You may need more. However, this is a good place to start, and you can move up or down from here, depending upon your needs.

Now, should you need an extra phone line? No. Never. It is over the internet. Should you be able to send and receive many faxes at once? Yes, usually. A good service will offer this. Should you be able to go without a special fax modem? Yes. You shouldn't have to buy a special modem. Should you be able to send documents using your scanner? Of course. Should your service include private, never busy toll free or local number? Usually. The very inexpensive ones will.

Just remember to keep these things on mind when making your choice. Shop around until you find the best deal, there are a lot of different ones out there. Ask your friends what they use, maybe they can help you.

Wednesday, August 4, 2010

Get Out of Your Traffic Ticket

It's always funny trying to watch someone get out of a traffic ticket. It's like they pretend they have no idea of what they did wrong and seem confused as to why the police officer would even pull them over. You hear them say things like 'But, officer, what did I do?' and then 'oh I'm so sorry, I had no idea'. Even when you know that they knew exactly what they did. Yes it's always funny, except that is, when it is you. So this article will show you how to get out of your traffic ticket. Even if you are guilty!

Ok, so first things first - what not to do. You can't claim ignorance, innocence or try and trick the traffic officer in any way. Those tactics just simply won't work. You are going to have to be smarter and much more subtle if you want to effectively get out of your ticket.

So what do you do? Let's say you just ran a red light and the cop pulls you over and says "License and registration please sir". You need to calmly give him the info and say "I ran a red light. I know" and that's it. Say nothing more. It helps if you look unhappy with yourself too, but don't say anything else yet because it most cases the police officer ask you this next question.

He'll say something like, "Why did you run the red light then if you knew that you did it?", at which you should respond calmly and with conviction, "I didn't see the red light until it was too late and then I thought it would have been too late to stop in case I caused an accident. I didn't see any other cars coming in either direction so I kept going".

If you say that and sit there to accept your fact you'll find that most of the time the cop will let you off with a warning. The trick to this is to let the officer initiate the conversation initially - make him think he is in control of the situation. Whatever you do don't start to try and defend yourself or argue with what he says, just accept and answer like I've shown you.

Tuesday, August 3, 2010

"Handle" Objections by Taking a Swim in the Prospect's Background Noise!

Background noise? OK, the title is corny, but it accurately reflects the point I'm about to make: Most of us try to sell based on our understanding of what a home buyer or seller needs. We package ourselves, our presentations, and our scripts, to "convince" the prospect to work with us. We stand outside the prospect's world looking in and think we know what they need. We ask questions--not to create a conversation, but so we can position ourselves to as a solution.

These set-up questions sound like this: "What sort of house are you looking for?" "Have you spoken to other agents?" "When do you want to be in a house?"

We ask these questions to get information, and when they give it, many agents pounce with recommendations.

What's Going on Inside Our Prospect's Head?

What's really going on inside the prospect's head is a rich froth of issues and information, much of it having nothing to do with us or our recommendations. They might be thinking about their relationship and worrying that it's too soon to buy a house. Or they might be concerned about an old credit ding and be embarrassed to look into it. Or they might be hearing their uncle Bob telling them to never listen to a real estate agent. And so much more. Often their decision about when, what, and with whom to buy or sell a house is mired in this mix.

Swim in the Background Noise

Rather than approaching from the outside looking in, we can be responsible consultative salespeople and understand fully before promoting ourselves. We can get inside their world (swim in their background noise) and help them sort it out before we start trying to prove how valuable we can be.

This "buyer-centric" perspective means that we ask questions about their situation, what challenges they're facing, what solutions they've already thought about for those challenges, etc. And we do this without trying to sell ourselves at all. So when our buyer expresses a concern, for example, about the economy tanking again, rather than "handling" his objection by trying to convince him that real estate is always a good investment, we can hear his concerns and reflect them back to him. Ask him what that might mean to him, how he'd handle it if that did happen, and what other options might be available to him.

Turn the Light On

We're not putting ideas into his head...we're just raising the very issues that are troubling him so that he can explore them without fear. It's like turning the light on and seeing that the lump in the corner is just a pile of clothes.

In this way we help the prospect make decisions faster and be ready to hear our presentation that much sooner. And when we do present, it won't raise tons of objections because we'll already have addressed those underlying issues that would have generated the objections.