Dustin, Author at Only About Law

Debt and Your Bankruptcy Lawyer

June 20, 2016 by Dustin Leave a Comment

Debt is an accepted fact of any human society. Wherever there are humans, there is a notion of credit and debt. One person exchanges a good or service and will receive remuneration for their service or product. Cattle for cloth, grain for sheep, professional expertise for food. It is older than coins and a little older than economy. Debt makes the world go around, and is perhaps better at it than love. The function of a Bankruptcy Attorney might seem to be as old as debt, but are a new development in human history. They are, necessarily, arbiters or referees in the arenas of owing and gaining. A good Bankruptcy Attorney goes a long way to helping the numbers restore back to zero.

There is a functional use to debt, and not just to make other people richer: it allows anyone to do things they could not normally do. With debt, one could be on the other side of the world within a day, and back again quickly enough (after the time the flight takes). Hundreds of years ago, only the brave and most able would travel that far. The manner of attaining debt is a paid-and-bought service (one pays interest on the amount of money one uses, therefore, they pay for that money) things can get out of hand. One of the trivialities of being in debt is creditor harassment. No matter what you are using the debt for, if a creditor harasses you too much, there is relief for that. An experienced Bankruptcy Attorney would have experience in helping one deal with creditor harassment. No one deserves harassment, and no one has a right to cause it.

Debt has helped people overcome financial difficulties: going into debt to own and operate a car so one could get a better job works out in the end because debt is finite. A job can last the rest of ones life. Buying a home is an excellent investment that is essentially a debt. Paying for a mortgage may take a while, but owning a home for the rest of ones natural life is a secure feeling. With a home, money has to be managed carefully. If there are any other outstanding debts, one has to be especially careful. A Bankruptcy Attorney can help with debt negotiation and settlement, but these are usually the last options before filing for bankruptcy.

There is a lot of fearsome propaganda surrounding debt. It seems that almost every time a newspaper is opened, a new article about this country’s debt has been written. Every country has debt, and some are panicked about it. There is no easy way around it when debt is that large and a country is also in dire straits. Rarely do people look around and realize what has been built by debt: whole cities and states. When there are bad times, there are always options to move on. A bankruptcy attorney is able to make those bad times move along faster so that people can get on with living. In the case of cities or countries being in debt, there is still recourse that will allow one to live comfortably, but may not be necessary depending on ones occupation and position.

Even if one were living in a commune, debt still has role to play in emergencies, basic maintenance or simply getting what one needs to get by. It is a large cog in society, no matter where anyone lives. There are a few places where debt, as the Westerner knows it, does not exist. They have their own way of operating that has as many pros and cons as the Western method, but they are still an option that only requires relocation. These are places and societies where a bankruptcy attorney would change their trade to helping people litigate other matters. While a Bankruptcy Lawyer would not be needed for most communes that have reliable systems in place, they are still an option to fall back on.

Debt, bankruptcy attorney and living in general require patience and a careful attitude. They are not toys that can be used without respect. There can be some serious consequences when using too much debt, and everyone should use it with consideration. The old adage of “Look before you leap” strongly applies here and any Bankruptcy Lawyer might advise as much.

Filed Under: Bankruptcy

Important Considerations if you are Charged with DUI

May 30, 2016 by Dustin Leave a Comment

1. Hire a Lawyer with Experience in DUI Law

DUI laws in New Jersey are complex and hiring a lawyer without experience in DUI can be very costly to your defense. One should hire a qualified attorney who is skilled in handling drunk driving cases and knows how to challenge field sobriety tests and blood alcohol content results. A competent drunk driving attorney can make the difference in the outcome of your case.

2. Understand the Potential Consequences of a DUI Conviction

A drunk driving conviction will remain on your driving record permanently. If convicted, depending on whether this is a first, second, third/subsequent offense, you could be facing jail time, an alcohol education program, loss of your driving privileges, installation of an ignition interlock device in your vehicle and thousands of dollars in fines and penalties.

3. Appear in Court

Should you fail to appear in court, the Municipal Court Judge will issue a bench warrant for your arrest. If you are subsequently stopped or even appear in another court on an unrelated matter, the police will take you into custody because of the warrant. Hiring a law firm to represent you will ensure that you are in communication with the court and are aware of and present at all necessary court appearances.

4. Request Additional Discovery in Your Case

Hiring an experienced drunk driving defense attorney is necessary to ensure that all available information is analyzed and used in the formulation of your defense. In order to prepare the best possible defense, all evidence must be reviewed. Your law firm will obtain any and all reports, records, audio, video, maintenance and calibration records for the Alcotest machine and all discovery related to any blood tests performed and analyze all of the evidence and start building your defense.

5. Failure to Exercise Your Right to Remain Silent

In a court of law, anything you say can and will be used against you. Discussions with anyone other than your attorney can hinder your defense. Even postings on electronic social media can be used against you. Contact a competent law firm to consult us about your case and that discussion will be privileged and cannot be used against you in court.

6. Recognize the Consequences of Driving While Suspended Due to a Drunk Driving Offense

Driving with a suspended license in general can result in further suspension of your driving privileges and in some cases jail time. If your driver’s license was suspended for a DUI conviction, the penalties are even more severe. If convicted, jail time is mandatory, even for a first offense. In fact, in some situations, it constitutes a crime and will be prosecuted in Superior Court. A competent law firm can handle your defense in both Municipal and Superior Courts.

7. Choose the Best Option to Resolve Your Case

Sometimes the State has done its job well and has all of the necessary proofs against you to convict you of drunk driving. In that situation, your attorney can meet with the prosecutor on your behalf to help minimize the fines, license suspension and jail time you may face. In other situations, there may be some problems with the State’s case where the likelihood of conviction is in question. The Shamy Law Firm is fully prepared to try your case in that situation.

Filed Under: DUI

When to Contact a Criminal Lawyer

January 27, 2016 by Dustin Leave a Comment

The American Dream is all about the idea that every citizen has the right to life, liberty, and the pursuit of happiness. Sometimes, however; the path to the pursuit of happiness is not always straightforward for every person. Chances are no one sets out with the goal of one day needing a criminal lawyer, but for some people they may find themselves in that exact position. In the state of Virginia, like in every other state in America, a person charged with a crime has the right to legal representation and should seek legal representation from a criminal lawyer – no matter how large or small the charges against that person may be. Proper representation can be the difference between a conviction and your freedom.

Lawyer Up!

The first thing for anyone who is charged with a criminal offense should do is to contact a criminal lawyer for legal representation. It does not matter if the person is fully aware that he or she has committed the offense in question, or if he or she is not entirely sure if the charges are accurate, or if the person knows that he or she is innocent, a criminal lawyer is the first step in a good defense. The justice system does say innocent until proven guilty, but choosing to forgo legal representation or a person choosing to represent him or herself in a court of law could end up costing a person a lot, including that person’s freedom. Is this really a risk worth taking?

Title 18.2 of The Codes of Virginia has a list of crimes and offenses, which can be punishable by law. There are 13 different chapters in Title 18.2 of The Codes of Virginia. Chances are unless a person is a politician, a judge, a lawyer, or someone studying law (or someone who is extremely interested in law) he or she will not be reading through all 13 chapters in Title 18.2 of The Codes of Virginia. These codes affects us all and while it is important, and good, that The Code of Virginia are available for pretty much anyone to look up online this does not equate with the skill and years of expertise a criminal lawyer will have. If a person should ever find him or herself accused or charged with a criminal offense then getting in touch with a criminal lawyer is the best course of action.

Know the Basics

What particularly constitutes as a criminal offense? This can be hard to answer, and will depend upon the charges being brought against an individual. There are however; a few broad categories that could result in a person needing legal representation from a criminal lawyer. These may include drug offenses (which could include charges of distribution, intent to distribute, or possession of a controlled substance), driving under the influence (DUI) offenses, theft offenses (such as theft or larceny charges), sex offenses, and violent offenses (including, but not limited robbery, or murder in any degree or even manslaughter). All of these charges warrant professional legal attention from a criminal lawyer and having the power to choose your own lawyer is something everyone should take advantage of.

In The United States justice system, including Virginia’s, crimes are generally broken into two broad categories A crime that is punishable with one year or less of incarceration is considered a ‘misdemeanor.’ A crime that is punishable with a year or more of incarceration is considered a ‘felony.’ Misdemeanors and felonies then further broken into different classes (four for misdemeanors, and six for felonies) based on the type and severity of the crime in question. A class 1 misdemeanor is considered the highest charge possible for a misdemeanor crime, whereas a class four misdemeanor is considered the lowest charge. Similarly a class 1 felony is considered the highest charge for a felony crime, whereas a class 6 felony is consider the lowest charge. No matter what class of felony or misdemeanor crime a person is accused of, a criminal lawyer will be familiar with the charges for all classes of misdemeanors and felonies; they will be able to assess the best course of action to take for a person’s legal defense and suggest possible outcomes.

Filed Under: Criminal Defense

Criminal Defense Attorneys are a Special Breed – Does Yours Possess These Qualities?

December 21, 2015 by Dustin Leave a Comment

Criminal law is one of the most complex and difficult areas of law. So it takes a special kind of person to be a criminal defense attorney. They have to work with clients and prove they’re innocent of crimes that range from misdemeanors, such as shop lifting, to felonies, like murder.

All attorneys are intelligent and have and a specific aptitude to understanding the laws and complicated legal practices. But, in order for a criminal defense attorney to be successful at trial, he or she needs to have added skills. Below, we’ll take a look at some of these skills and why they’re so important for every successful criminal defense attorney to have along with their law degree.

The lives of their clients are literally their hands. Criminal defense attorneys have to present the best case possible for their clients, and the difference between winning and losing is the loss of freedom for whom they’re representing in many cases.

So if you’ve been charged with a crime and are interviewing potential criminal defense attorneys, you can make sure they have the following skills—and you can pick up on most of them after just a short conversation.

Here are a few of the skills, knowledge, work values and styles every criminal defense attorney needs to have Skills:

CriminalDefenseAttorney_210820140452 • Speaking and listening. A criminal defense attorney has to speak and convey information effectively, as well as listen to what others are saying.

• Critical thinking. Defense lawyers need a strong ability to use logic and reasoning to pinpoint the strengths and weaknesses of alternative solutions, conclusions and/or approaches to problems.

• Critical reasoning. It is important for criminal defense attorneys to synthesize information, assess evidence, and make inferences and deductions based on facts (not feelings). Although this skill can be taught to a certain degree, because of its importance it is necessary that critical reasoning comes naturally to them.

• Complex problem solving. They have to pinpoint complex problems and review related information to develop and access options so they can carry out solutions.

• Stamina. Criminal defense attorneys work long hours. Some of this work is researching, which is time consuming, and interviewing, which means waiting around sometimes for people to get back to them.

• Coordination. They often have to adjust actions in relation to the actions of others.

• Service Orientation. Defense attorneys have to actively look for ways to help people.

Knowledge:

• Psychology. Criminal defense attorneys need to possess knowledge of human behavior and performance. They need to recognize individual differences in interests, ability, and personality, as well as motivation and learning.

• Law and government. To successfully practice criminal law, criminal defense attorneys have to know laws, court procedures, legal codes, government regulations, precedents, agency rules, executive orders, along with the democratic political process.

• Client and personal service. Defense attorneys have to know principles and processes to provide client and personal services, including assessing customer needs, meeting quality standards, and evaluating client satisfaction.

• Management and administration. Criminal defense attorneys are strategic thinkers and planners, so they need knowledge of management and business principles—as well as re-allocating resources, leadership, production methods and coordination of resources and people.

Work styles and values:

• Integrity. Criminal defense attorneys have to be honest and ethical.

• Dependability. Criminal lawyers have to be reliable, dependable, responsible, and they have to fulfill their obligations.

• High stress tolerance. The nature of their job requires that they accept criticism and deal calmly and effectively in stressful situations.

• Strong self control. Criminal attorneys have to always maintain composure and keep their emotions under control while controlling anger and avoiding aggressive behavior—often in very difficult situations.

• Flexible and adaptable. Practicing criminal law requires that attorneys are always open to change, either positive or negative, and that they have the ability to deal with a considerable amount of variety in their workplace.

Criminal law is an area of law that has many challenges. Most legal cases, besides criminal cases, are settled out of court, so criminal defense attorneys try more cases before a judge and jury in a courtroom than any other attorney. As a result, defense lawyers hone their skills so they are very adept at their jobs.

A criminal defense attorney doesn’t just take notes, go to court, and say a few words until—poof!—the case is finished and their client goes home. There’s much more involved. Not just any lawyer can practice in this area; criminal defense attorneys are a special breed.

Filed Under: Criminal Defense

If You’re Searching for a DUI Attorney, Make Sure You Ask These 3 Questions

November 16, 2015 by Dustin Leave a Comment

You’ve been charged with a DUI and know that you need an attorney, but now you have the task of finding the right DUI attorney to represent you in court.

Chances are high that you’re not a happy camper right now if you’ve just been charged with an alcohol-related driving offence. Along with the charge, you may have lost time from work, or are going through problems at home because of it. So no doubt your stress level is at its peak. If this is the case, you can rest assured that a good DUI attorney will help you with the legal troubles, leaving you with one less thing to worry about.

But, before you begin your search for a DUI attorney, there are some things you need to know.

First of all, just because you’ve been charged with a DUI doesn’t mean you’re guilty, or will be found guilty. Remember that you are presumed innocent until you’re found guilty by the court! Right now you probably don’t feel that way, particularly if you had your rights read to you, were handcuffed, then taken to jail to be processed. When you’re facing the prospect of losing your license, and possibly going to jail or prison, you should never try and do it by yourself. There are things that an experienced DUI attorney knows that you more than likely don’t.

For example, DUI attorneys look at four issues when they’re dealing with a DUI charge against a client.

DUIAttorney_160820140147 1. The reason the officer made contact.

2. The officer’s observations upon contact.

3. The results of a field sobriety test, if performed.

4. The results of the blood/breath or urine test, if performed.

As well, a DUI attorney can evaluate the evidence the Government has against you. Many times, the government’s case has weaknesses that the average citizen doesn’t recognize.

DUI attorneys can also challenge the government to prove that their equipment is functioning properly, and the arrest was legal.

An experienced attorney can argue why your case should be dismissed.

Sometimes the government offers a plea bargain. A DUI attorney is the best person to evaluate if the plea option is fair, or if a better one should be offered.

Three questions to ask a DUI attorney before hiring them.

Now that you’re aware of your rights, and how much an experienced DUI attorney can do for your case, we can look at questions you should ask before you hire one. Although some of the following questions may seem like a no brainer, they are all very important.

1) What area of law does your practice focus on?

The majority of people think that every lawyer is the same, but this is not true. Every attorney has different training, experience and, most importantly, all lawyers specialize in specific area(s) of the law. For example, an attorney can be the best litigator in the state, but he or she could still be the worst DUI attorney possible.

So in your search, you may come across a DUI attorney that says he/she handles DUI cases. But, the next question you should ask is if a large portion of their practice focuses on Under the Influence/DUI related charges?

2) How much court room experience do you have?

If you’re going to pay a DUI attorney to represent you in court, it only makes sense that they have court room experience. Ask them what their relationship is, if any, with the judges who preside over alcohol-related cases, the prosecutors and the court staff involved in your case.

Ask potential DUI attorney’s if they appear in criminal court regularly to try cases.

3) What kind of DUI training do you have?

DUI Attorneys have to undergo ongoing professional education every year, and it’s called Continuing Legal Education (CLE). Although they can attend whichever CLE classes they want, a top DUI lawyer will focus their CLE credits on DUI law education. These courses guarantee that your attorney has received the best and up-to-date training on issues related to drug and alcohol testing, police procedures, and constitutional law specific to DUI arrests and investigations.

If you’re stressed to the max because of a DUI charge, don’t wait to start your search for an experienced DUI attorney. By acting quickly, you’ll resolve the situation quicker so you can get back to your life quicker, too.

Filed Under: DUI

Hiring a Bankruptcy Lawyer May Be the Best Choice You Can Make

May 30, 2015 by Dustin Leave a Comment

In a world that runs on money and where financial success trumps all other ways of getting ahead, the word “bankruptcy” is just about the scariest one that anyone can think of. Bankruptcy means admitting to yourself and to the world at large that something has gone very, very wrong for you as well as for your family or your company. It means going through the lengthy, tedious and painful process of appeasing your creditors, preserving what you can and then finally getting back on your feet. Finally, bankruptcy means that you have to do something that isn’t easy for anybody, for any reason: it means you need to ask for help. A company facing bankruptcy should make it a priority to find a bankruptcy lawyer to help them through the difficult time ahead. Fortunately, finding the right lawyer for the job doesn’t have to be an ordeal, and can save you more time and money than you ever thought possible.

The first thing a business owner facing bankruptcy needs to understand is that hiring a bankruptcy lawyer isn’t just the best option, it’s a necessity. It may not seem like a good idea to spend money on a lawyer when it seems like all the money you have has gone right out the window. It may seem like a course of action that will worsen the problem, not make it better, but nothing could be further from the truth. Declaring bankruptcy is only the start of a long, complicated process, whether you’re a small family business or a large corporation. Since it’s unlikely that bankruptcy processes are something that you have a deep familiarity with, you need a bankruptcy lawyer to see to it that you get through the process with minimal damage to your business, your reputation and your future.

A bankruptcy lawyer has more experience with bankruptcy than a business owner. He or she has made a close and careful study of the way events progress when a business goes bankrupt. Unlike you, they will not be feeling overwhelmed or compromised by the chaos of the situation. What is new and unfamiliar to you is all in a day’s work for a bankruptcy lawyer, which means that they can see things you might miss and can avoid pitfalls you didn’t see coming. When you hire the right lawyer for the job, the money you spend will pay itself back in money saved. After all, you want to get out of your bankruptcy situation as fast and as smoothly as possible, not become an expert on bankruptcy yourself!

When you file for bankruptcy, avoiding pitfalls and unexpected complications is absolutely vital. What seems like a small oversight can turn into a problem that can overturn your whole bankruptcy case, which could mean that you lose any legal protection you could have had while you resolve your financial situation. Neglecting any step in the complex process of legal negotiations could cost you even more money than you have already lost and could mean the different between getting back on your feet or having to abandon the business entirely. A bankruptcy lawyer can make certain that an un-dotted “I” or an un-crossed “t” won’t cost you your plans for a better future.

Of course, the real reason it’s best to hire a bankruptcy lawyer to handle the legal side of bankruptcy isn’t just that they can keep a bad situation from getting worse. If you hire a good lawyer and trust their help, advice and guidance, you may find that a bad situation can, over time, get better. The right lawyer won’t just make sure you don’t make novice mistakes. Instead, they will find ways in which your financial situation can be improved. You might find that it’s not even as bad as you thought it was, and when you’re back on your feet, a good bankruptcy lawyer can provide you with the tools and knowledge to make sure that it doesn’t happen again.

Bankruptcy is a difficult and traumatic situation, but it doesn’t have to be the end of the world. When a business is facing bankruptcy, there are options available. There may even be a way out that you couldn’t have found on your own. Hiring a bankruptcy lawyer isn’t just the best choice—it’s the only choice.