A Bankruptcy Lawyer for Your Financial Woes

February 24, 2015 by Leave a Comment

Bankruptcy is a fairly common occurrence in the lives of many people in California and in the United States. This is because too many people find themselves drowning in debt and unable to make their payments. Whether it is bad choices, or the unforeseen circumstances that leave them struggling to pay their monthly bills, there is not a lot of options left for those that have this type of growing debt. Filing bankruptcy is one of the only ways to survive financially, and no matter why or the reasons they have for choosing this route an experienced and successful bankruptcy lawyer is a must.

Although there are a few people who choose to not hire a bankruptcy lawyer for the whole process, they are lowering their chances of success tremendously by not taking advantage of the experience and knowledge a California bankruptcy lawyer has. There are many different roles a bankruptcy lawyer will play throughout the complete process of filing bankruptcy to having the judge sign off on your financial agreement. Since bankruptcy can be very stressful and confusing a lawyer is able to help counsel the debtors and give them some understanding of all the details about bankruptcy law. It is critical that anyone considering bankruptcy understands the severe legal ramifications, financial pros and cons, and everything else related that they need to know about the bankruptcy. You never want to proceed recklessly with a bankruptcy, you need to always know what you getting yourself into.

A bankruptcy lawyer starts by giving informative legal advice. They are able to look over the financial situation and guide and assist you in the direction to take and whether bankruptcy is really the best option to take. Since most people are not familiar with all of the different types of bankruptcy options they are very likely to choose the wrong option that can benefit them the most. This will not happen with an excellent bankruptcy lawyer. They will help you decide which bankruptcy type will benefit your situation the most.

Once you decide on the proper bankruptcy type and have file, don’t think the process is not over. A bankruptcy lawyer is able to discuss with you about the assets that may need to be sold to settle some of the debt you have. If you own a car or a home that are wish to keep, then there is no one better than a bankruptcy lawyer to help you learn which type of bankruptcy to file to ensure that you keep those assets that are the most important to you, many people really do not lose these things assuming they can continue to make the payments on time.

For someone who finds themselves completely overwhelmed in debt, bankruptcy may be their best chance at a fresh start. A bankruptcy lawyer is probably going to set them up with online debt counseling to ensure that they are ready for the future with good spending habits. Having a budget plan and enforcing good habits when it comes to their finances prepares them for success in their future.

There are advertisements for bankruptcy professionals almost everywhere. If someone is looking to hire a bankruptcy lawyer it is vital that they research a little before they do. Asking friends and family, using search engines online, and even bankruptcy courts can give recommendations. Many lawyers give free consultations so you can meet with the bankruptcy lawyer and discuss your situation to see if you feel comfortable enough to hire them.

When choosing to file bankruptcy the idea of paying a bankruptcy lawyer can seem intimidating all in itself. If you are already struggling to pay bills, then having to come up with the money to pay a bankruptcy lawyer can be extremely stressful. It’s a good idea to discuss payment plans and fees up front with any lawyer that is being considered before hiring them. The last thing you need to deal with when filing bankruptcy is surprises when it comes to money.

Finally, bankruptcy is something that many people have to go through once in their lifetime, but with understanding from a good bankruptcy lawyer, it can be a smooth process and help you to relieve all the financial pressure so you can be the most confident about your future.

Filed Under: Bankruptcy

Likely Consequences of Not Hiring a DUI or DWI Lawyer

January 9, 2015 by Leave a Comment

Being convicted of a DUI or DWI can have a major impact on your future and your prospects. Aside from losing your license, you will have a criminal record, and that can have consequences that extend into your home, your employments, and most other areas of your life.

DUIorDWIFor laypeople, getting pulled over by a police officer and actually being arrested is something they couldn’t possibly imagine, but with drinking and driving laws changing across the country, it’s a scenario that is becoming more likely. Because most people can’t fathom this scenario, they are far from prepared when it actually comes to pass. Few people know their rights under these circumstances, and your rights may vary state to state. Can you legally refuse a breathalyzer? What is the legal blood alcohol concentration (BAC)? Was your stop lawful? What should you say to the arresting officers? Do you have to answer their questions?

It goes without saying that ignorance is no excuse for the law, so it should be a no-brainer that you make yourself aware of your state and local laws, but what about legal advice? The truth is that whenever you find yourself facing charges, you should request a lawyer immediately. Unfortunately, many do not. Why? Well we are taught growing up that the police are our friends, and they are, unless you are on the receiving end of charges. You should always exercise your “right to remain silent,” and contact your lawyer at the earliest possible time.

What happens if you skip the lawyer?

Do you know the law code inside and out? Likely not. A lawyer does. A lawyer will also be able to determine whether or not the stop that resulted in you facing charges was legal, whether proper procedures were followed, and they will be able to determine whether or not the evidence against you is sufficient, or if there are holes in the prosecutor’s case. So what happens if you choose not to call a lawyer after you are arrested for a DUI, or DWI? Chances are you will be the proud new owner of a criminal record, if you don’t already have one.

Consequences

Not having a lawyer in your corner may result in:

Fines: Without someone who possesses legal knowledge arguing your case, you may get slapped with a fine much higher than you may have received otherwise.

Suspension: There are minimum license suspensions for first time offenders, which are impossible to escape, but depending on your state when arrested, the suspension could be extended beyond the minimum.

Jail time: If your actions resulted in the death or injury of a pedestrian or fellow motorist, you could be facing some real prison time. A lawyer is there to help negotiate a fair sentence and without one you could be facing the full-weight of the criminal justice system.

IID: An interlock ignition device may be prescribed by a judge.

An unlawful arrest: A lawyer may be able to prove that the police had no lawful cause to stop your vehicle to begin with, and if this can be proven then your case can be thrown out of court. Without a lawyer you will have a hard time determining the status of your arrest, and whether there was just cause to pull you over in the first place. This is a very important point to consider.

What is a DUI?

DUI stands for Driving Under the Influence (http://www.sonoma-county.org/health/services/driving.asp), which often pertains to people who are driving while under the influence of drugs, illicit or prescribed.

What is a DWI?

DWI stands for Driving While Intoxicated, which often pertains to driving after consuming alcohol beyond what is legally permitted to operate a motor vehicle.

The important thing to remember is that for a first-time offender a DUI/DWI is a misdemeanor offense that will result in a small fine and a short term license suspension, usually 30 days. Unfortunately, there is a very fine line between a misdemeanor and a felony when it comes to DUI/DWI charges. Mitigating circumstances can easily change the degree of seriousness of the charges you are facing, which is why it is critical to hire a lawyer no matter what.

Ensure you have your best interest in mind and consult an attorney if you are ever arrested for a DUI/DWI, first-time offender or otherwise.

Filed Under: DUI

Guilty Until Proven Innocent: The Stigma of Sexual Assault and How A Sexual Assault Attorney Can Help

December 17, 2014 by Leave a Comment

It is estimated that one in four women in Colorado, and one in seventeen men, will experience some form of sexual assault in their lifetimes. Defined as “knowingly causing another person to engage in an unwanted sexual act by force or threat”, sexual assault covers a wide range of acts, including rape (forced vaginal, oral/anal penetration), child molestation, unwanted kissing, groping, or any other non-consensual sexual touching. It is one of the most serious crimes a person can commit, and the impact of the assault can be long lasting and widespread, traumatizing victims for years to come. Because of the nature of the crime, being accused of sexual assault is a life-changing event that has consequences that can be long-lasting and all-encompassing. And that is why, if you are charged with sexual assault, it is important to talk to a sexual assault attorney.

The three defenses of sexual assault

When someone is charged with sexual assault, there are three main defenses that a sexual assault attorney may recommend: absolute innocence, mental disability or insanity, or that contact was consensual.

Absolute innocence means establishing that the accused was never there at the time of the crime, either through eyewitness testimony, DNA evidence, or other legal means. Proving a defendant’s alibi or proving misidentification can go a long way to proving that he or she is innocent of the crime. While only 22% of sexual assaults are committed by strangers, in over 72% of DNA exonerated rape cases, the strongest evidence was eyewitness testimony that was inaccurate. Studies have repeatedly shown that eyewitness testimony is often flawed, as memories can be changed or influenced. A good sexual assault attorney will work with the evidence and the facts to defend their clients in court.

Mental disability or insanity can only be used as a defense if it can be proven that the defendant does indeed suffer from it. This can also include circumstances in which the defendant has consumed some form of judgment-impairing medication or substance. The challenging part of this defense is not only proving that the defendant was suffering from this at the time of the crime, but also that their mental impairment would affect their comprehension of sexual assault and consent. Another important thing to know is that, because sexual assault is tried at the state level, each state may treat mental disability or insanity differently (something a sexual assault attorney would be able to advise on).

The most challenging defense of all is the claim that the act was consensual. Because the defendant is admitting to committing the act, it is up to them to prove that the victim did indeed consent. This is often impossible because proof of consent (e.g. Text messages, emails, witness testimony, etc. that prove that the victim stated it was consensual, even after the fact) cannot be found. Any defense of consent that relies on a victim’s prior sexual history to prove consent should not be recommended by a sexual assault attorney, since it may turn the jury against the defendant. As well, marriage does not automatically count as consent. In fact, 9% of reported sexual assaults happened within the bounds of marriage or by a prior partner. If a person does not consent to the act at the time of the act, regardless of current or prior relationship status, it falls under the category of sexual assault.

Having someone on your side

Sexual assault is a crime that many accused find polarizing. Either his/her family and friends will support him/her, or the accused may find him/herself adrift. Hiring a sexual assault attorney immediately after being charged with (or accused of) a crime of this nature is the best way to have your side of the story told—and your rights protected. While it can be easy to feel that only the guilty need to immediately get an attorney on the case, when it comes to sexual assault, it is important to have representation as soon as possible. Accusations of sexual assault can tarnish even the innocent, with long lasting effects and life changing results. Your sexual assault attorney will listen to what you have to say and ensure that your rights are protected throughout the proceedings.

Filed Under: Sexual Assault
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