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

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

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

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

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

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

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

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

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

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

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

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

What is a Wrongful Death Attorney?

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

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

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

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

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

Choosing a Capable Defense Attorney

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

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

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

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

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

A DUI Attorney Can Help Your Case

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

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

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

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

Do I Really Need a DUI Lawyer?

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

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

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

How Do I Choose the Right DUI Lawyer?

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

Many attorneys offer no-obligation consultations.

Where Can I Find a DUI Attorney?

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

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

Cook County Criminal Defense Attorney Courts

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

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

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

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

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

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

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

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

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

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

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

Do I Need an Aggravated Assault Attorney?

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

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

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

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

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.

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.

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.

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

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.

Auto Accident Attorney - When Car Wreck Lawyers Are on the Case

Are you looking for an auto accident attorney? In this article we are going to talk about when car wreck lawyers are on the case. There are so many car wrecks that happen each and every day. The sad thing that many people do not understand that they can get help from an auto accident attorney without paying any upfront fees. Let us go ahead and talk about when car wreck lawyers are on the case.

You Have Gotten Rear Ended

Let us say that you have been rear ended. Since you have been reared you will of course not be found at fault in the accident but what about your injuries? Will the insurance company be ready to pay your bills and give you all of the money that you deserve? Maybe, but I doubt it. Even if your injury is not extremely horrible you should still consult an attorney that specializes in this area of law.

You Have Gotten T-Boned

If you have gotten T boned by another driver then there is a big chance that you could have gotten some serious injuries. You may have gotten whiplash, broken bones, broken nose and some other injuries that may be life long and non reversible. This is an especially important time to contact someone that knows what they are doing.

My Injuries Are Not That Serious

OK, let's say that you have gotten into an accident but you do not think that your injuries are that bad. Maybe they are not that bad or maybe you just do not see the results of the injury yet. You should always go to the doctor and be checked over no matter if you think you are badly injured or if you think you are just fine. You could actually miss out on your auto accident settlement if you do not go to the doctor and then later decide to see what the problem is.

5 Things to Look For in a Criminal Defense Attorney

Being charged with a crime can be a frightening experience. When you are facing criminal charges of any magnitude, your future can depend on the careful selection of qualified legal representation. Although your fate ultimately rests in the hands of a judge or jury, choosing the right attorney for your specific circumstances just may tilt the scales of justice in your favor.

There are many factors to consider in choosing the right attorney, and every legal situation is unique. However, when you are evaluating your candidates, a careful consideration of the following 5 factors will provide a great starting point in the decision making process.

1) Cost

Before you begin to interview defense attorneys, you should conduct a careful assessment of your financials. Determine how much money you will be able to allocate to the entire process. Be prepared to incur costs for court fees, restitution, and more. If your case goes to trial, your legal defense fee can easily double.

Depending on your particular requirements, you may need an attorney who offers flexible payment plans. You may be able to work out a monthly payment arrangement with a percentage of your fees paid in advance. Be sure to make note of forms of payment accepted as well. Most attorneys accept major credit cards, cash and checks.

2) Experience

A critical component of the evaluation process. Many attorneys begin their careers working for the State and thereby have a unique insight as to how the prosecution works. Carefully review the resumes of all your candidates and pay close attention to previous positions.

Look for experience in the area of practice that most closely pertains to your legal situation. If one of your prospects has a decade of experience practicing bankruptcy law, it won't do you much good if you are facing charges for driving while intoxicated.

3) Demeanor

While this is a factor that is often overlooked, your attorney's demeanor is critical to the maintenance of your relationship. Personality can also play an enormous roll in how a jury responds to your attorney if the case goes to trial.

Look for a confident yet personable attitude, and an ability to enunciate and communicate properly. It is imperative that your attorney exhibits patience in explaining the technicalities of the law to you at every step of the process.

4) Location

This may seem obvious, but many people seek counsel from counties other than the one in which they are facing criminal charges. Although there are circumstances where this may be advisable, generally speaking it is a better idea to choose an attorney with a primary practice in the county where you have been charged.

An attorney that is familiar with the processes and protocols in a local court system may have insights that an out-of-town lawyer may not be be aware of.

5) Track Record

While it may be tempting to look at sheer wins vs. losses in determining an attorney's ability to litigate, it is important to dig a little deeper. Every case has a unique set of circumstances that should be taken into consideration.

Look at your prospect's case results within the context of all of the available details. Does the attorney have a proven record of negotiating favorable terms for his clients or does he accept the first offer that is handed over? Look for a lawyer with the confidence to take a case to trial when appropriate.

Conclusion

When you enter into a relationship with a criminal defense attorney, you are putting your trust in the ability of that attorney to protect your constitutional rights in a court of law. With your freedom at stake, you should take every measure to ensure that you have retained the best possible legal representation.

Never be afraid to ask questions and don't be intimidate by your lack of proficiency in the law. Remember, above all, your defense attorney works for you!

Drunk Driving Attorney - Take the Best Or Be Sentenced

Getting arrested for DUI or Driving Under the Influence is not something that you should just ignore. DUI is a serious criminal offense that warrants severe penalties and punishments from law breakers. It will be a permanent part of your record, and that is definitely an inconvenience. Employers always have second thoughts about hiring a job applicant that has a DUI charge. Lending companies do not really want to do business with any drunk driver. Those are just a couple of the problems that you may face with a DUI charge under your belt.

If you are thinking of getting rid of that ugly DUI charge on your record, the best option that you can look at is to hire a drunk driving attorney. A person who specializes in these cases absolutely knows how to let you off the hook or at least minimize the penalties or punishments that are put upon you.

You can go online and search for excellent DUI attorneys in your area. You can also ask your friends or other people for recommendations.

Once you find a drunk driving attorney that you think can help you with your case, do your best to be as cooperative as possible. Tell him or her what exactly happened before, during and after you were arrested. He or she needs all the big and small details of the event. Do not forget or leave out anything, because even the things that you think are unimportant are essential for him or her to defend your case.

An excellent drunk driving attorney can get the charges against you dropped if you only committed a minor violation. If there are severe injuries or deaths involved, he or she might need a longer time to fight for your case. Make sure that you do enough research before getting the services of a DUI attorney to represent you.

When Should I Hire an Attorney For My Injuries From a DUI Accident?

Victims of DUI accidents often suffer from injuries, which brings them to the hospital or inhibits them from working on their jobs. Confinement, depending on the severity of the injury, often runs for several days or weeks. During this time, it is undeniable that the medical bill will keep on surging. Another dire consequence of being a victim from a DUI accident is the inability to earn while suffering from injuries.

When you look at the situation of victims, you can immediately see that the devastating results of a DUI accident are immediate. This means that the moment the accident happens, the victim started to suffer as well. The results are immediate, in fact simultaneous to the accident. It is not something that was prolonged, but the pain and suffering started at the very moment that the victim became unconscious due to the impact of the careening vehicle on his body, perhaps at that precise instance when the victim bumped his head on the steering wheel. Whichever the case, considering that the results are immediate, action on the part of the victim or the victim's family must also be done immediately.

If you are the victim, or the victim's family, then seeking the help of a DUI accident attorney must also be done immediately and not a day later. The earlier you seek out the lawyer's help, the earlier that you would be able to ask for the proper compensation as well. Remember that your medical bills do not decrease but only increase as the days go by, and it started to roll the moment that you entered the hospital premises right after the accident happened. So immediately seeking the help of a DUI accident lawyer would always be the best way to go if you are the victim or the victim's family.

Immediately soliciting the help of a DUI accident attorney can actually provide you with lots of benefits. You can raise your case to the courts at the earliest period and your plea would be heard earlier as well. This means that you can also receive the compensation that you need for your pain and injury could be granted to you at the earliest possible time too.

IRS Tax Debt and Benefiting From Online Tax Attorney Services

When you feel you need professional help or advice to resolve your IRS tax debt problems, it's likely your problems have escalated to the point where you can't deal with them yourself. In case of such a situation, the exact amount owed is not the issue, but your incapability to resolve the situation takes priority, since you in fact have two problems - your outstanding federal dues and your "inability" to solve the problem on your own i.e. how you plan to redeem your government dues. This is when you start thinking seriously about seeking professional help to effectively deal with the situation.

The major issue with the IRS is once your personal details are flagged for their "recovery" process, it's guaranteed you're going to face a lot many problems before the flag actually gets "removed" from their recovery list. And as long as your name stays on that list, you're assumed to be "guilty as charged", even if you have paid your taxes and don't have any IRS tax debt pending. The IRS personnel might have "forgotten" to "remove" your name from their list. There are no solutions to this particular problem, except for "reminding" them your taxes are paid and you're in the "clear". In the event you actually owe your tax dues, it's needless to say how serious your problems are likely to be. In case you feel the IRS are going to be sympathetic or show "compassion" for you and your problems - forget it. It's not going to happen. It may well appear to many debtors that the IRS is "heartless" and will definitely demand their "pound of flesh". In fact, the IRS is just a professional government body doing its "job" of collecting tax dues from American citizens. And they have to be strict regarding their recovery, since the citizens are definitely not going to "pay" on their "own" unless "forced" to redeem.

The obvious question you're likely to ask is "OK, I know about this, what do I do next? How do I get out of this mess?" The answer actually depends upon you. Fortunately, as far as Americans are concerned, things can be easier as far as paying your IRS debt is concerned. There are two main questions you need to ask yourself - "Can I do this on my own?" and "Should I be taking some professional help to deal with the problem?" If you feel you have the expertise and the experience to find a way out for yourself, it would be the best choice. However, it's important to know that IRS can be extremely ruthless and very difficult "customers" to negotiate with. On the other hand, availing professional IRS tax debt help can be very beneficial, since you not only find a way to pay your dues and become debt free, but you also save a lot of valuable time, which can be utilized for beneficial purposes and for "income" generation.

There are many "online" tax relief and settlement agencies available. Ideally, these agencies or companies employ a team of experts or taxation professionals whose basic objective is to "help" debtors find a solution to redeem their IRS tax debts and dues. They are used to dealing with complex problems and finding a suitable way out for your issues. They also advise, and if you have specific questions, they're likely to provide to-the-point answers, so you can understand the problem from a "technical" point of view. They can help to "point" you in the right direction as to what you ought to be doing next, and how you should be "thinking". Online tax relief services can also assist you with various queries such as dependent filings, international adoption tax rebates and investment filings. In case of audit related issues, the tax experts can provide suggestions related to how much tax you'll end up paying eventually to the IRS, and the manner of reducing your net payable dues. The basic objective of availing profession help is to cater to your inability to pay the taxes, and how to request an "extension" to "redeem".

Getting some advice from a tax attorney is perhaps the best place to start. By consulting specialized taxation personnel, you can avail instant IRS tax relief and come up with reasonable as well as manageable solutions for the amount that you owe as your taxes. The people's ignorance about the IRS working and their legal rights is the primary cause why tax attorneys should be "hired" out.

Why a Durable Power of Attorney is "Durable" and Why It's Great For Estate Planning

English common law understood that agents were sometimes needed in business and commerce. The president of Ford Motor Company, obviously, cannot be everywhere. He needs agents to conduct business. Also, someone who is on vacation out of the country and cannot sign a contract might appoint an agent to sign that all-important paper.

But under common law, an agent no longer had the ability to act when the principal was incapacitated (the "principal" being the person who confers the power). If the principal had dementia and could not sign an agreement, his agent could not sign either. His agent could have no greater power than the principal.

Now, if you haven't figured this out all ready, we will all feel the effects of aging -- if we are lucky. The symptoms are well known and do not require explanation. One of those symptoms particularly hard to take is the loss of memory; the ability to think as clearly as when we were younger. While this is not always disabling it is during this natural aging process that people often need help. But the English common law helped little if someone was in a coma, or had dementia.

Here Comes the Durable Power of Attorney.

But because helpless people obviously need the assistance of an agent the most, most jurisdictions now recognize a "durable" power of attorney (abbreviated "DPOA"). A DPOA is "durable" because it is in effect even when the "principal" is mentally incapacitated.

While a non-durable power of attorney merely authorizes the agent to act as long as there is no incapacity, a DPOA resolves this problem by allowing a trusted agent, or nominee, to act even if the principal lacks legal capacity -- or in other words when that person cannot legally make decisions on his or her own behalf due to mental disability.

In California, a DPOA must have specific words to be "durable." It must state, as provided in California Probate Code §4124, that: "This power of attorney shall become effective upon the incapacity of the principal", or words to that effect.

Some Benefits of a DPOA

A DPOA has specific benefits; in fact, I would go even further to state that nearly everyone with a formal estate plan should consider having one. Here are some of the benefits:

Often one may avoid an adult conservatorship. A primary benefit of having a DPOA is that it can often substitute for a formal conservatorship, which is often a costly court proceeding requiring continued court supervision.
So if a person is under a disability and has a properly worded DPOA, his or her agent may be able to write checks, manage finances, or to take actions with regard to that person's estate plan (like funding a trust) without specific court supervision.


It can be rapidly effective. A DPOA can be effective immediately, or virtually so, without undergoing lengthy proceedings in Probate Court.

It should be accepted in other states. A valid DPOA should be accepted in other states. California has a specific statute, Probate Code §4053, which specifically recognizes valid DPOAs executed in other states. However, with some states this may not be the case if the document grants a power not authorized in that state. However (and this "however" is big!): The IRS does not make it easy to recognize an attorney prepared power of attorney. There are hurdles set forth in specific Treasury Regulations [See, for instance, Treas. Reg. §601.503] and IRS practice making it difficult for an agent to sign off on tax forms. [IRS Deskguide (Publication 1514)]. However, a California taxpayer with a valid, properly executed power of attorney should not have any problem with the California Franchise Tax Board signing off on a state tax form.


DPOAs are flexible. Specific authorizations, or "powers," can be added or restricted in the governing agreement. The specific provisions are up to the principal.

Of Course, Not All is Perfect...

While very useful, the DPOA is not perfect by any means. One major problem is the possibility of abuse.

While conservatorships are bulky legal proceedings, there is at least court supervision. The DPOA lacks supervision and abuses have occurred, all too often. While conservators must jump through many legal hoops, there is no active court supervision or "hoops" for an agent under a DPOA. For example, California requires that conservators provide a court approved accounting of their financial activities. It also requires that conservators be bonded. But without a specific court order there are no such requirements for a mere agent.

Court proceedings can be filed, but that is often impractical. While court proceedings can be instituted to compel (for instance) the agent to submit an accounting or to revoke the agent's authority, this is done all too infrequently. There is a big difference between a court supervised conservatorship, and filing a petition with the court.

In any event, who is going to file the petition with the court? Remember: The principal is mentally incapacitated! Comatose people generally can't file probate petitions to compel their agents to account!

Sure, there are risks, and they can be addressed somewhat (but not completely) through a well-drafted document and some common sense precautions. A DPOA may not be for everyone. However, everyone should at least consider a DPOA as an element of his or her estate plan. An effectively drafted DPOA can "round out" a comprehensive plan, and fill in the blanks not covered in trusts and wills.

Disclaimer: The information in this article is not legal advice, and the use of it does not create an attorney-client relationship. Any liability that might arise from your use or reliance on this article or any links from this article is expressly disclaimed. This article is not to be acted upon as if it were legal advice, and is subject to change without notice, or may include obsolete or dated information, or information not relevant to your jurisdiction. If you require legal services, you should consult with an attorney.