Anti-Depressants, Belieber, Belieber Arrest, Bieber, Bieber Arrest, Bieber Arrest Video, Bieber Arrested, Bieber Arrested Miami Beach, Bieber DUI, Bieber Fever, Bieber Resisting Arrest, Drag Racing, DUI,Justin Bieber, Justin Bieber Arrest, Justin Bieber Arrested, Marijuana, Miami Beach, Musician Justin Bieber,Pop Star Arrest, Pop Star Arrested, Pop Star Justin Bieber
Thursday, 23 January 2014
Drunken driving - Justin Bieber arrested
Drunken driving - Justin Bieber arrested
Justin Bieber was charged with drunken driving.
Justin Bieber was arrested for reason Drunken driving.
Justin Bieber arrested- law apply on Justin Bieber arrested.
Justin Bieber was charged with drunken driving.
Justin Bieber was arrested for reason Drunken driving.
Justin Bieber arrested- law apply on Justin Bieber arrested.
Great News- Justin Bieber arrested
Great News- Justin Bieber arrested
Top head line Justin Bieber arrested
International pop star Justin Bieber was arrested.Justin Bieber arrested visiting a club on Lincoln Road Wednesday night.Justin Bieber Arrested For DUI.
Top head line Justin Bieber arrested
International pop star Justin Bieber was arrested.Justin Bieber arrested visiting a club on Lincoln Road Wednesday night.Justin Bieber Arrested For DUI.
Thursday, 16 January 2014
Atlanta Criminal Lawyers
Atlanta Criminal Lawyers
Criminal law deals with cases where local, state or federal
government seeks to punish someone for an act considered a crime. A
criminal lawyer is required to represent someone who has been charged
with a crime. A criminal charge can be levied on a person for either
felonies or serious crimes like murder or rape, as well as misdemeanors
like petty theft or jaywalking.
The process involved in charging a person with a crime and administering punishment is quite similar. An experienced lawyer will successfully deal with prosecutors in court and should be able to prove a client innocent.
In Atlanta, like all states, the Constitution provides criminal defendants with the right to an attorney, if the state is trying to deprive the defendant of his or her liberty. This means that the state has to appoint a lawyer for the defendant if one cannot afford a private lawyer.
Atlanta criminal lawyers should be familiar with all the legal provisions of the local, state and federal governments. The procedure for a criminal charge in Atlanta begins with an arrest or citation summarizing the reason for the arrest. Copies of these reports are sent to a prosecutor's office who initiates and prosecutes criminal cases. After these prosecutors have gained enough evidence, the court proceedings begin.
When choosing an Atlanta criminal lawyer, there are many points to consider. The most important points are to know how much experience the lawyer has in criminal law, and the extent of the lawyer's track record in trying similar cases. Another important point is to make sure that your lawyer considers all possible outcomes of your case. For instance, could arbitration or mediation resolve the case? Finally, what is an estimate of the total bill, and how will the bill be paid?
Information about Atlanta criminal lawyers is available in the yellow pages, through search engines like Google and Yahoo on the Internet and through advertisements of law firms. There are also attorney directories available on the Internet that provide comprehensive information about Atlanta criminal lawyers. Information is also available through the county bar association and other professional law associations like the American Bar Association. Friends and family members are other sources of information.
The process involved in charging a person with a crime and administering punishment is quite similar. An experienced lawyer will successfully deal with prosecutors in court and should be able to prove a client innocent.
In Atlanta, like all states, the Constitution provides criminal defendants with the right to an attorney, if the state is trying to deprive the defendant of his or her liberty. This means that the state has to appoint a lawyer for the defendant if one cannot afford a private lawyer.
Atlanta criminal lawyers should be familiar with all the legal provisions of the local, state and federal governments. The procedure for a criminal charge in Atlanta begins with an arrest or citation summarizing the reason for the arrest. Copies of these reports are sent to a prosecutor's office who initiates and prosecutes criminal cases. After these prosecutors have gained enough evidence, the court proceedings begin.
When choosing an Atlanta criminal lawyer, there are many points to consider. The most important points are to know how much experience the lawyer has in criminal law, and the extent of the lawyer's track record in trying similar cases. Another important point is to make sure that your lawyer considers all possible outcomes of your case. For instance, could arbitration or mediation resolve the case? Finally, what is an estimate of the total bill, and how will the bill be paid?
Information about Atlanta criminal lawyers is available in the yellow pages, through search engines like Google and Yahoo on the Internet and through advertisements of law firms. There are also attorney directories available on the Internet that provide comprehensive information about Atlanta criminal lawyers. Information is also available through the county bar association and other professional law associations like the American Bar Association. Friends and family members are other sources of information.
Criminal differs from civil law
Criminal Law - Know What Your Rights Are
Criminal differs from civil law in that criminal law is action
taken by the state against an individual or business for breaking a law,
whereas civil law is between individuals or businesses.
The term for this is committing a crime, which is a prohibited act that violates a law set forth in either federal, state, or local statutes.
Crimes can be either misdemeanors or felonies. You have the option of choosing to represent yourself or hiring an attorney to defend you on either case type. Depending on the nature of the alleged crime, you may choose to waive your right to counsel. For traffic violations, you can sometimes get a summary proceeding in which you visit with a local judge and he resolves it with a summary judgment. However, for felony cases, you will want to hire an attorney to represent you.
People often ask if they have the right to refuse a search. There are personal searches, vehicle searches, and home searches.
The officer, given probable cause, can search your car when he/she wants. The law doesn't view a vehicle as private as a home, so it is more lenient to officers searching vehicles.
In your home, you are generally safe. They need your consent, a warrant, or "exigent" circumstances to enter your home. Exigent involves the nature of the offense, the evidence of probable cause and the likelihood of you getting away if he/she doesn't act soon.
Personally, they can search you given any of the following: If his safety is in question, if they arrest you, if they see something illegal you have on you, if you consent to being searched.
When asking you questions, if you feel like you are a suspect in a crime or could be later, you should speak with a lawyer before answering any of their questions. I have heard officers will use techniques like trying to force you to answer questions or the opposite approach of being overly friendly to get information. Keep in mind they are there to protect. If you did something wrong, they are there to find out it was you, and if you didn't do anything wrong, they are there to protect you. Just ask Kobe Bryant.
In most cases, you want to be respectful of the officer, but you also want to let them know that you understand the law and you will protect your rights.
The term for this is committing a crime, which is a prohibited act that violates a law set forth in either federal, state, or local statutes.
Crimes can be either misdemeanors or felonies. You have the option of choosing to represent yourself or hiring an attorney to defend you on either case type. Depending on the nature of the alleged crime, you may choose to waive your right to counsel. For traffic violations, you can sometimes get a summary proceeding in which you visit with a local judge and he resolves it with a summary judgment. However, for felony cases, you will want to hire an attorney to represent you.
People often ask if they have the right to refuse a search. There are personal searches, vehicle searches, and home searches.
The officer, given probable cause, can search your car when he/she wants. The law doesn't view a vehicle as private as a home, so it is more lenient to officers searching vehicles.
In your home, you are generally safe. They need your consent, a warrant, or "exigent" circumstances to enter your home. Exigent involves the nature of the offense, the evidence of probable cause and the likelihood of you getting away if he/she doesn't act soon.
Personally, they can search you given any of the following: If his safety is in question, if they arrest you, if they see something illegal you have on you, if you consent to being searched.
When asking you questions, if you feel like you are a suspect in a crime or could be later, you should speak with a lawyer before answering any of their questions. I have heard officers will use techniques like trying to force you to answer questions or the opposite approach of being overly friendly to get information. Keep in mind they are there to protect. If you did something wrong, they are there to find out it was you, and if you didn't do anything wrong, they are there to protect you. Just ask Kobe Bryant.
In most cases, you want to be respectful of the officer, but you also want to let them know that you understand the law and you will protect your rights.
New Jersey Criminal Lawyers
New Jersey Criminal Lawyers
If you have been accused of a crime or think you might be, you
should contact a criminal lawyer immediately. No matter how minor the
charge, it's always beneficial to contact a criminal lawyer. A criminal
lawyer is one who specializes in handling criminal defense cases. The
role of a criminal lawyer is to represent anyone who commits a crime in
order to prove his or her innocence. A criminal lawyer with substantial
experience and expertise in this field can work on strategies to
cleverly cross-examine the prosecution witnesses to prove your innocence
in the case. And, in case of extreme situations, an expert criminal
lawyer can work out negotiations with the prosecution lawyer to arrange
for a lesser charger or reduced sentence.
In order to have a strong defense, it's very important to hire the right lawyer who has expertise and a proven track record in handling the crime of which you are accused. Only an expert lawyer can provide you with a reality check--a knowledgeable, objective perspective on the situation--and make you aware of what is most likely to happen, which can prove vital for the defendant in deciding whether to accept prosecutor's offered bargain.
Criminal law in United States varies from state to state. Though a basic law code is followed all across U.S., it does differ a little across the states. For example, in New Jersey, you have a right to a speedy and public trial. Also, you have a right not to be convicted unless the State can prove each and every element of the offense with which you are charged. If you have encountered a situation where you need to seek the help of a criminal lawyer in New Jersey, it would always be to your advantage to go for a local lawyer practicing there.
It is unfortunately not always easy to find a good criminal defense lawyer. To find a good lawyer, it is always advisable to go by referrals from somebody who is familiar with the law practice. You may wish to sit through some public sessions of court while criminal cases are being argued. If you find a particular lawyer's performance to be impressive, you may take note of the lawyer's name and later contact the lawyer about the possibility of representing you. Each state and some major cities have organizations of criminal defense lawyers who can offer referral services or online directories. You can also browse through the yellow pages or online directories listing defense lawyers to find a good lawyer.
In order to have a strong defense, it's very important to hire the right lawyer who has expertise and a proven track record in handling the crime of which you are accused. Only an expert lawyer can provide you with a reality check--a knowledgeable, objective perspective on the situation--and make you aware of what is most likely to happen, which can prove vital for the defendant in deciding whether to accept prosecutor's offered bargain.
Criminal law in United States varies from state to state. Though a basic law code is followed all across U.S., it does differ a little across the states. For example, in New Jersey, you have a right to a speedy and public trial. Also, you have a right not to be convicted unless the State can prove each and every element of the offense with which you are charged. If you have encountered a situation where you need to seek the help of a criminal lawyer in New Jersey, it would always be to your advantage to go for a local lawyer practicing there.
It is unfortunately not always easy to find a good criminal defense lawyer. To find a good lawyer, it is always advisable to go by referrals from somebody who is familiar with the law practice. You may wish to sit through some public sessions of court while criminal cases are being argued. If you find a particular lawyer's performance to be impressive, you may take note of the lawyer's name and later contact the lawyer about the possibility of representing you. Each state and some major cities have organizations of criminal defense lawyers who can offer referral services or online directories. You can also browse through the yellow pages or online directories listing defense lawyers to find a good lawyer.
Define Criminal Law
Trying to Define Criminal Law
We hear about law everyday whether we realize it or not. It's in
our Government, in our work, and even in our houses. One type of law is
Criminal law, which is also known as Penal law. This is "The body of
statutory and common law that deals with crime and the legal punishment
of criminal offenses."
Inside of criminal law there is four major theories of criminal justice:
- Punishment
- Deterrence
- Incapacitation
- Rehabilitation
This form of law is essential in many cases because it can distinguish between crimes from civil wrongs. Criminal law has been around for ages, and is seeing as the fundamental system of regulating the behavior of individuals and groups relatively to what is defined as the social norms. This differs between civil crimes, where the difference is between two individuals and their individual rights and obligations under the law which is ruling the entire society.
An example of a civil law case is a dispute between two individuals over a contract that they made to for example sell an automobile. In that case one individual feels that their individual rights for a fair automobile sale have been breached by the other party. Where as in a criminal case, you would have for example a murderer, who is infringing on the right of safety that we all have. Given those two examples I'm sure you can appreciate how important Criminal law is, and the important role that it plays in everyone of our societies.
Inside of criminal law there is four major theories of criminal justice:
- Punishment
- Deterrence
- Incapacitation
- Rehabilitation
This form of law is essential in many cases because it can distinguish between crimes from civil wrongs. Criminal law has been around for ages, and is seeing as the fundamental system of regulating the behavior of individuals and groups relatively to what is defined as the social norms. This differs between civil crimes, where the difference is between two individuals and their individual rights and obligations under the law which is ruling the entire society.
An example of a civil law case is a dispute between two individuals over a contract that they made to for example sell an automobile. In that case one individual feels that their individual rights for a fair automobile sale have been breached by the other party. Where as in a criminal case, you would have for example a murderer, who is infringing on the right of safety that we all have. Given those two examples I'm sure you can appreciate how important Criminal law is, and the important role that it plays in everyone of our societies.
Florida Criminal Lawyers
Florida Criminal Lawyers
The Florida Association of Criminal Defense Lawyers, based in Tallahassee, regulates the functioning of criminal lawyers in Florida. Founded in 1988, it has nearly 1,500 members. Its mission statement, according to its official website http://www.facdl.org, lists five important objectives, of which two are of great importance to consumers. They are: "To improve the criminal justice system at the judicial, legislative and executive levels" and "To promote the protection of the rights of individuals." FACDL is the state organ of the National Association Criminal Defense Lawyers, whose Official website is http://www.nacdl.org.Usually people imagine a criminal lawyer to be a professional involved in highly dramatic situations in courtrooms. However, this is only one aspect of their work. A criminal lawyer may spend one day with the client discussing the legal problem. He may spend another day in the study [library or a computer terminal] doing research on relevant points of law. He may spend yet another day in trial practice, actually pleading before the judge in court. Sometimes, he may also be visiting the scene of the crime.
Most criminal lawyers spend hours researching and developing legal reports and documents. Though the advantages of information and communication technology are immense, there is a downside too, particularly in relation to cyber and transnational crimes. This means that today's criminal lawyers need to be equipped with the latest methods to handle these issues. In the US, there have always been excellent facilities for continuing legal education programs. The Florida Association of Criminal Defense Lawyers offers regular programs for its members.
Georgia Criminal Laws
Georgia Criminal Laws
A crime is anything that is illegal. Common crimes include street
fights, drug use, and other such acts. The state government, through
the public prosecutor, would file a criminal lawsuit. Criminals would
either be fined, incarcerated or sometimes both, depending on the
severity of the crime.
The state of Georgia, like other states, has some common criminal laws. However, the state itself has also established some laws that are to be followed when arresting a person for any form of criminal act. Any act of defiance that might breach the public laws or completely neglect the same can be construed as an act of crime, and the state can file a lawsuit against the individual.
Since criminal laws vary significantly in specific areas, criminals in the state of Georgia would require the services of a local criminal lawyer to help their cases. Hence, it is very important that the lawyer is well acquainted with the current laws that exist in the state at the time of arrest. A criminal lawyer would be able to fight the case in court if the individual is indeed innocent and being charged without undue reason. For guilty parties, getting the fine or incarceration lessened can be done with the help of a good attorney.
Finding a lawyer from a specific area or county in Georgia is a good choice when charged with a crime. They would be able to keep up with the latest updates in the laws of that county or state. Even though an experienced and qualified lawyer is considered a boon, one who is from the same state is better than an experienced lawyer from any other state. A Georgian criminal defense or appeal lawyer would be able to provide excellent advice in all matters relating to legal and criminal procedures that need to be faced when an individual is charged with criminal acts in the state of Georgia.
Available online are many websites belonging to legal companies housing hundreds of qualified and experienced lawyers in the state of Georgia. Also available online are a list of a person's rights when first arrested, such as keeping silent until a lawyer arrives. Contacting a lawyer at the earliest opportunity is a good option when arrested for a crime. Arranging for bail in a Georgia court is easier with a lawyer around to take care of the deed.
Getting arrested can be a traumatic experience. A criminal lawyer, for both prosecution and defense, would be a necessity, due to the complicated laws and procedures that can be understood only by an attorney. A criminal attorney would be able to take care of all the tasks that are involved in getting bail or being released without any penalty or imprisonment.
The state of Georgia, like other states, has some common criminal laws. However, the state itself has also established some laws that are to be followed when arresting a person for any form of criminal act. Any act of defiance that might breach the public laws or completely neglect the same can be construed as an act of crime, and the state can file a lawsuit against the individual.
Since criminal laws vary significantly in specific areas, criminals in the state of Georgia would require the services of a local criminal lawyer to help their cases. Hence, it is very important that the lawyer is well acquainted with the current laws that exist in the state at the time of arrest. A criminal lawyer would be able to fight the case in court if the individual is indeed innocent and being charged without undue reason. For guilty parties, getting the fine or incarceration lessened can be done with the help of a good attorney.
Finding a lawyer from a specific area or county in Georgia is a good choice when charged with a crime. They would be able to keep up with the latest updates in the laws of that county or state. Even though an experienced and qualified lawyer is considered a boon, one who is from the same state is better than an experienced lawyer from any other state. A Georgian criminal defense or appeal lawyer would be able to provide excellent advice in all matters relating to legal and criminal procedures that need to be faced when an individual is charged with criminal acts in the state of Georgia.
Available online are many websites belonging to legal companies housing hundreds of qualified and experienced lawyers in the state of Georgia. Also available online are a list of a person's rights when first arrested, such as keeping silent until a lawyer arrives. Contacting a lawyer at the earliest opportunity is a good option when arrested for a crime. Arranging for bail in a Georgia court is easier with a lawyer around to take care of the deed.
Getting arrested can be a traumatic experience. A criminal lawyer, for both prosecution and defense, would be a necessity, due to the complicated laws and procedures that can be understood only by an attorney. A criminal attorney would be able to take care of all the tasks that are involved in getting bail or being released without any penalty or imprisonment.
Colorado Criminal Lawyers
Colorado Criminal Lawyers
Criminal law is considered much more complex than any other law.
Criminal law involves prosecution of a person for an act that is
classified as a crime by the government. In a criminal case, the state
initiates the case against the person concerned. Criminal laws include
felonies and misdemeanors. A crime is any act in violation of a public
law forbidding it. (A crime can also be an omission of an act when
public law actually requires it.)
Felonies are punishable by a prison term of more than a year, while misdemeanors are punishable by a prison term of less than a year. Criminal laws differ from state to state.
Therefore, it is necessary to have an experienced and competent criminal lawyer on ones side. Good criminal lawyers can represent anyone committed with a crime and can negotiate to arrange for lesser sentencing or reduced charges.
A competent criminal lawyer formulates sentencing programs, which are most preferable for the client's specific needs. Defendants will be provided with a knowledgeable, unprejudiced and objective over view of their case. This overview plays an important role in the defendant's decision whether to go into a plea bargain.
Good criminal lawyers are well versed with the important legal rules and also familiar with the various court customs and procedures. The also have the skill to understand the 'hidden costs' in a plea bargain. They also garner some information from the prosecution witnesses.
Statutes regarding criminal behavior can be broken down into various elements. Generally, most crimes have two elements, the action and the mental state. Each and every element of the crime should be proved, before the prosecution can come to a proper decision.
Felonies are punishable by a prison term of more than a year, while misdemeanors are punishable by a prison term of less than a year. Criminal laws differ from state to state.
Therefore, it is necessary to have an experienced and competent criminal lawyer on ones side. Good criminal lawyers can represent anyone committed with a crime and can negotiate to arrange for lesser sentencing or reduced charges.
A competent criminal lawyer formulates sentencing programs, which are most preferable for the client's specific needs. Defendants will be provided with a knowledgeable, unprejudiced and objective over view of their case. This overview plays an important role in the defendant's decision whether to go into a plea bargain.
Good criminal lawyers are well versed with the important legal rules and also familiar with the various court customs and procedures. The also have the skill to understand the 'hidden costs' in a plea bargain. They also garner some information from the prosecution witnesses.
Statutes regarding criminal behavior can be broken down into various elements. Generally, most crimes have two elements, the action and the mental state. Each and every element of the crime should be proved, before the prosecution can come to a proper decision.
Fraud, Hate Crimes & Child Abuse - Criminal Law Information
Criminal Law Information: Fraud, Hate Crimes & Child Abuse
Criminal law is one of the most common types of law practiced in
the United States. People make mistakes, and when these mistakes
involve the law, it is absolutely critical that if you find yourself on
the wrong side of the law that you have the best lawyer at your side to
help you protect your rights and freedom. Some of the most common
infractions that people find themselves involved with are child abuse
laws, fraud, and hate crimes.
Child abuse laws are in place to help protect innocent people, but more and more often these days these laws are used to take advantage of innocent people. Unscrupulous people use the stigma attached with child abuse accusations to force innocent people into situations that they never wanted to be in the first place. Unfortunately, because people often instantly judge people those accused of child abuse crimes to be guilty, it takes the best lawyers to help those wrongfully accused of these reprehensible crimes to see the light of justice again.
Fraud is also one of the most common crimes that people have to deal with in the 21st century. These business crimes include insurance fraud, government fraud, tax fraud, stock fraud, financial fraud, healthcare fraud, and telemarketing fraud, and the technologies available in the computer age can turn simple and innocent mistakes into devastating and life-altering consequences. Without the expert counsel of the dedicated and experienced fraud lawyers at resource4criminallaw.com, you or someone you love could end up in jail without hope of getting the justice they deserve.
Hate crimes are another type of special crime that few people understand unless they are facing charges. What few people understand is that hate crime laws are so hazy and nebulous that virtually any act can be construed as a "hate crime" if the "victims" and lawyer have an agenda to prove or an axed to grind. People accused off these crimes need to be represernted by the best legal minds possible, and the attorneys at resource4criminallaw.com have decades of combined experience in helping people on the wrong side of hate crimes get the justice they deserve.
Resource4criminallaw.com is your one stop shop for all your criminal defense needs. Why should you trust your freedom, your fortune or even your life to secondrate public defenders? Explore Resource4thepeople.com today and see what we can do for you.
Child abuse laws are in place to help protect innocent people, but more and more often these days these laws are used to take advantage of innocent people. Unscrupulous people use the stigma attached with child abuse accusations to force innocent people into situations that they never wanted to be in the first place. Unfortunately, because people often instantly judge people those accused of child abuse crimes to be guilty, it takes the best lawyers to help those wrongfully accused of these reprehensible crimes to see the light of justice again.
Fraud is also one of the most common crimes that people have to deal with in the 21st century. These business crimes include insurance fraud, government fraud, tax fraud, stock fraud, financial fraud, healthcare fraud, and telemarketing fraud, and the technologies available in the computer age can turn simple and innocent mistakes into devastating and life-altering consequences. Without the expert counsel of the dedicated and experienced fraud lawyers at resource4criminallaw.com, you or someone you love could end up in jail without hope of getting the justice they deserve.
Hate crimes are another type of special crime that few people understand unless they are facing charges. What few people understand is that hate crime laws are so hazy and nebulous that virtually any act can be construed as a "hate crime" if the "victims" and lawyer have an agenda to prove or an axed to grind. People accused off these crimes need to be represernted by the best legal minds possible, and the attorneys at resource4criminallaw.com have decades of combined experience in helping people on the wrong side of hate crimes get the justice they deserve.
Resource4criminallaw.com is your one stop shop for all your criminal defense needs. Why should you trust your freedom, your fortune or even your life to secondrate public defenders? Explore Resource4thepeople.com today and see what we can do for you.
Criminal lawyers generally work for people
Find a Criminal Lawyer
Criminal lawyers generally work for people who are accused of
felonies such as murder, assault, family violence, embezzlement, etc.
The service of a criminal lawyer is essential to make sure that your
legal rights are sheltered throughout the judicial process. Since
criminal consequences may include fines, imprisonment, mandatory
treatment, and probations, it is always advisable to hire a criminal
lawyer with adequate expertness and experience in the field. Various
resources are available to find a competent and experienced criminal
lawyer. Referrals are always considered to be the most important
source; the name of a competent criminal lawyer may come from any circle
such as friends, colleagues, family, etc. The public defender's office
in your county will also be able to suggest a competent criminal lawyer
for you.
Another way of finding an expert criminal lawyer is observing public sessions when criminal cases are being held in the court. If you find a particular lawyer competent enough to handle your case, you can certainly approach him/her. Professional legal organizations are also an excellent source of finding a criminal lawyer. Offices of organizations such as National Association of Criminal Defense Lawyers (NACDL) in your region will be able to provide lists of competent lawyers in your area. Some organizations offer referral services even through Internet. Additionally, the service of local bar associations can be utilized to gather information on a perspective criminal lawyer such as how much experience a particular criminal lawyer has in this field. Other sources to find proficient lawyers are telephone directories, yellow pages, and newspapers.
The Internet is undoubtedly the most valuable tool to search for a reputed criminal lawyer. Some of the online directories available are CriminalLawyerSource.com, Lawyers.com, FreeAdvice.com, and FindLaw.com, etc. These directories provide easy access to legal information and other related sources.
Another way of finding an expert criminal lawyer is observing public sessions when criminal cases are being held in the court. If you find a particular lawyer competent enough to handle your case, you can certainly approach him/her. Professional legal organizations are also an excellent source of finding a criminal lawyer. Offices of organizations such as National Association of Criminal Defense Lawyers (NACDL) in your region will be able to provide lists of competent lawyers in your area. Some organizations offer referral services even through Internet. Additionally, the service of local bar associations can be utilized to gather information on a perspective criminal lawyer such as how much experience a particular criminal lawyer has in this field. Other sources to find proficient lawyers are telephone directories, yellow pages, and newspapers.
The Internet is undoubtedly the most valuable tool to search for a reputed criminal lawyer. Some of the online directories available are CriminalLawyerSource.com, Lawyers.com, FreeAdvice.com, and FindLaw.com, etc. These directories provide easy access to legal information and other related sources.
criminal lawyer is someone who specializes in handling criminal cases
A Guide to Criminal Lawyers
A criminal lawyer is someone who specializes in handling criminal
cases with implications such as arson, DUI, murder, theft, etc. The
primary role of a criminal lawyer is to review evidences and to map-out
an effective defense strategy. Criminal lawyers either work as defense
lawyers or prosecutors. A criminal defense lawyer will represent the
accused, advice the client on legal matters, and assist in the framing
of legal documents such as contracts, wills, etc. They can also act as
public defenders in cases of indigence. A criminal defense lawyer with
substantial expertise in the field will have the ability to interrogate
the prosecution witnesses to prove the client?s innocence. In extreme
situations, a professional lawyer may negotiate with the prosecution
lawyer to mete out charges and punishments in an equitable manner. A
prosecutor works on behalf of the government in criminal proceedings.
Whether it is defense or prosecution, criminal lawyers can utilize
government statistics and other official documents at any phase of the
case. The laws governing criminal lawyers vary from state to state, but
a basic code law is observed all over the United States. The criminal
lawyer?s office will take up the responsibility of meeting the clients,
arranging court dates, carrying out background researches of cases, etc.
In order to practice as a licensed attorney, one should pass the bar exam after completion of a three-year course in a law school. In addition to educational requirements, a criminal lawyer must possess certain qualities such as good communication and listening skills, organizing capabilities, public speaking skills, ability to handle complex criminal cases, and to deal with people from all backgrounds. Since criminal cases would involve a lot of paper work for trials and criminal proceedings and so criminal lawyers should also possess writing skills. Additionally, they ought to be excellent negotiators. The salary of a criminal lawyer will depend upon the jurisdiction and the nature of the case.
In order to practice as a licensed attorney, one should pass the bar exam after completion of a three-year course in a law school. In addition to educational requirements, a criminal lawyer must possess certain qualities such as good communication and listening skills, organizing capabilities, public speaking skills, ability to handle complex criminal cases, and to deal with people from all backgrounds. Since criminal cases would involve a lot of paper work for trials and criminal proceedings and so criminal lawyers should also possess writing skills. Additionally, they ought to be excellent negotiators. The salary of a criminal lawyer will depend upon the jurisdiction and the nature of the case.
Criminal Lawyers Chicago
Chicago Criminal Lawyers
Criminal lawyers in common law had to be very careful about which
charges to file against a person for stealing property. In common law,
there were many crimes that made up what we now know as theft. For
example, a person in a position of trust or confidence, such as a bank
teller, would be convicted of embezzlement for stealing money that was
put in his or her care. Furthermore, a debtor could be convicted of
false pretenses for giving creditor false information in order to obtain
a loan. However, a debtor would be liable for fraud if he or she
pretended to be another person in order to obtain a loan from a
creditor. Most unlawful takings in common law fell under the crime of
larceny, but because larceny was a hanging offense, there were a lot of
other alternative crimes that courts would convict people of instead.
Clearly, there were very fine lines and it was difficult for criminal lawyers to distinguish some crimes from others. If a prosecuting attorney accidentally charged a person with false pretenses instead of fraud, the case could be dismissed. Similarly, a criminal defense attorney could lose a case for raising defenses that are applicable for another crime, but not the one charged.
Now, Illinois law combines many of the common law crimes into one broad theft statue. A person in Illinois can be convicted of theft for stealing anything of value that is in the position of another, no matter how little value the thing has. For instance, a criminal lawyer can make the argument for a condominium owner that a neighbor is stealing his or her heat. Stealing property in Illinois that is worth $300 or less is a misdemeanor, but a second offense becomes a felony. Thus, some people in Illinois can serve 3-4 year prison sentences for committing a series of minor thefts.
Knowledge is the key element of theft in Illinois law. A person must know or have a reasonable basis for knowing that he or she is exerting unauthorized control over property. For instance, one will probably not be convicted of theft in Illinois for unknowingly picking up the wrong bag at an airport on accident. However, if the person looks inside the bag and sees that the property inside belongs to someone else, and decides to take it anyway, he or she will be convicted of theft. It is fair game for the criminal lawyers to argue before a jury about whether a defendant knowingly exercised control of another's property.
Sometimes knowledge of an unauthorized taking can be inferred. For instance, a person can be convicted of theft in Illinois for buying stolen property. If a person buys a mink coat on the street for $12, a court will infer that the person knew or should have known that they were buying stolen property. However, sometimes property purchased on the street for an unusually low price is not necessarily stolen. For instance, there are cases where a woman may have sold her mink for much less than its real value as a way of getting back at her husband during a fight. When this happens, a person cannot be convicted of theft, but an Illinois attorney can still argue that it was an attempted theft if it would have been reasonable to think that the property was stolen.
Lack of knowledge may clear a person for criminal liability, but that does not necessarily mean that he or she will escape civil liability. Imagine standing at an ATM machine and making a $100 withdrawal, but getting $1000 due to a malfunction in the machine. Is it a theft to keep the extra $900? In Illinois, if you do not realize that the amount of money distributed was incorrect until you get all the way home, you will not be criminally liable for theft. However, the ATM owner can still drag you into court and you will probably be found civilly liable for the $900.
The bottom line for theft in Illinois is that courts look to whether a person knew he or she was taking unauthorized control of someone else's property. A person will not be liable for unknowingly taking an extra $900 from an ATM, but in theory could be criminally liable for knowingly taking a $0.25 that belongs to another person. Whether or not a person knew that he or she was taking unauthorized control over property is fair game for criminal lawyers to battle over in court.
Clearly, there were very fine lines and it was difficult for criminal lawyers to distinguish some crimes from others. If a prosecuting attorney accidentally charged a person with false pretenses instead of fraud, the case could be dismissed. Similarly, a criminal defense attorney could lose a case for raising defenses that are applicable for another crime, but not the one charged.
Now, Illinois law combines many of the common law crimes into one broad theft statue. A person in Illinois can be convicted of theft for stealing anything of value that is in the position of another, no matter how little value the thing has. For instance, a criminal lawyer can make the argument for a condominium owner that a neighbor is stealing his or her heat. Stealing property in Illinois that is worth $300 or less is a misdemeanor, but a second offense becomes a felony. Thus, some people in Illinois can serve 3-4 year prison sentences for committing a series of minor thefts.
Knowledge is the key element of theft in Illinois law. A person must know or have a reasonable basis for knowing that he or she is exerting unauthorized control over property. For instance, one will probably not be convicted of theft in Illinois for unknowingly picking up the wrong bag at an airport on accident. However, if the person looks inside the bag and sees that the property inside belongs to someone else, and decides to take it anyway, he or she will be convicted of theft. It is fair game for the criminal lawyers to argue before a jury about whether a defendant knowingly exercised control of another's property.
Sometimes knowledge of an unauthorized taking can be inferred. For instance, a person can be convicted of theft in Illinois for buying stolen property. If a person buys a mink coat on the street for $12, a court will infer that the person knew or should have known that they were buying stolen property. However, sometimes property purchased on the street for an unusually low price is not necessarily stolen. For instance, there are cases where a woman may have sold her mink for much less than its real value as a way of getting back at her husband during a fight. When this happens, a person cannot be convicted of theft, but an Illinois attorney can still argue that it was an attempted theft if it would have been reasonable to think that the property was stolen.
Lack of knowledge may clear a person for criminal liability, but that does not necessarily mean that he or she will escape civil liability. Imagine standing at an ATM machine and making a $100 withdrawal, but getting $1000 due to a malfunction in the machine. Is it a theft to keep the extra $900? In Illinois, if you do not realize that the amount of money distributed was incorrect until you get all the way home, you will not be criminally liable for theft. However, the ATM owner can still drag you into court and you will probably be found civilly liable for the $900.
The bottom line for theft in Illinois is that courts look to whether a person knew he or she was taking unauthorized control of someone else's property. A person will not be liable for unknowingly taking an extra $900 from an ATM, but in theory could be criminally liable for knowingly taking a $0.25 that belongs to another person. Whether or not a person knew that he or she was taking unauthorized control over property is fair game for criminal lawyers to battle over in court.
Bay Criminal Lawyer
Tampa Bay Criminal Lawyer
Criminal defense is one of the most common forms of litigation
practiced in the United States. Although laws affecting people can
change virtually overnight, the people that live under them often have
no advance warning of the changes that affect them. Also, few regular
people have any appreciable understanding of criminal law, and thus when
someone conducts themselves in such a manner that they act in a way
that is in actuality against the law, the police often take it upon
themselves to correct such a transgression and arrest the person.
Unfortunately, this means that many people who only crime is ignorance of the law face stiff penalties and expensive fines for merely doing what they didn't know was illegal. Criminal lawyers help people stuck in these unpleasant situations find a small glimmer of salvation that they may one day be free again to enjoy each of life's simple pleasures.
Few people in Florida know that the Constitution of the United States maintains that everyone charged with a crime are entitled to a defense. The quality of this defense can vary a great deal, which is why it is often advisable to see the expert counsel of qualified and dedicated criminal defense attorneys in Tampa Bay. These professionals have years of experience and learning that can help protect two of your most precious resources; namely your freedom and your finances.
Taking the chance on an earnest and well-meaning but ultimately under-equipped public defender is like playing Russian roulette with your freedom. Going to jail for a criminal offense is the stuff of horror movies. Prison is not a pleasant place, and a criminal record can dog your life and prevent you from getting the job, living space, or loans you need to make your dreams come true.
People make mistakes in life. This is the truth. Whether or not these mistakes impact the remaining years is often up to the person charged with a crime. Lawyers spend many years in school learning law and how to help people get out of sticky and bad situations, and they would not charge as much as they do if they did not think that they could do the best job possible. Lawyers are smart, so let them get you justice.
Unfortunately, this means that many people who only crime is ignorance of the law face stiff penalties and expensive fines for merely doing what they didn't know was illegal. Criminal lawyers help people stuck in these unpleasant situations find a small glimmer of salvation that they may one day be free again to enjoy each of life's simple pleasures.
Few people in Florida know that the Constitution of the United States maintains that everyone charged with a crime are entitled to a defense. The quality of this defense can vary a great deal, which is why it is often advisable to see the expert counsel of qualified and dedicated criminal defense attorneys in Tampa Bay. These professionals have years of experience and learning that can help protect two of your most precious resources; namely your freedom and your finances.
Taking the chance on an earnest and well-meaning but ultimately under-equipped public defender is like playing Russian roulette with your freedom. Going to jail for a criminal offense is the stuff of horror movies. Prison is not a pleasant place, and a criminal record can dog your life and prevent you from getting the job, living space, or loans you need to make your dreams come true.
People make mistakes in life. This is the truth. Whether or not these mistakes impact the remaining years is often up to the person charged with a crime. Lawyers spend many years in school learning law and how to help people get out of sticky and bad situations, and they would not charge as much as they do if they did not think that they could do the best job possible. Lawyers are smart, so let them get you justice.
Monday, 13 January 2014
Prepare For Life's Uncertainties
How To Prepare For Life's Uncertainties
Life is full of uncertainties and as we get older these can
become more pronounced especially when we could become potentially
vulnerable through illness or an unpredicted change of circumstance.
There are of course always actions that we can do and put in place that
can help to protect us from those uncertainties that life can throw at
us in particular as we get older. Most people are not sure where to turn
to or who to ask for help in regards to this, but there is ample
professional guidance available that can steer you towards giving
yourself peace of mind on issues ranging from preserving your family
wealth for future generations of your family to dealing with issues
around your own longterm care or even a vulnerable family member.
1. Make Your Long Term Needs Secure
Many elderly people in the United Kingdom are experiencing reduced levels of income as a result of record levels of on-going low interest rates. People that maybe reaching retirement age could also find themselves in a situation where they need to capitalise on their assets in order to create an income. Selling such assets can be fraught with difficulties especially when you consider the poor economic situation. However, careful estate planning can help to mitigate some of the problems faced by people. No matter what your financial position or your net worth, estate planning remains a key to ensuring that your future needs are properly provided for and is vital in terms of preserving family wealth.
2. Review Your Situation Regularly
It is a fact of life that situations constantly change. People must be prepared to be flexible and make alterations in light of any changes. Creating an inventory of assets will help you put things into perspective. It is important to reflect on your current and future needs.
Also consider the following questions:
It is essential consider every aspect of your life and think seriously about every eventuality in life. A Will is a hugely important document and an essential part of estate planning. Without making a Will, it is difficult to control what will happen to your assets when you die. When a person dies without leaving a Will, it is normal for their spouse or civil partner to receive a fixed sum of money generally known as the statutory legacy. The amount the surviving spouse would receive can change over time and though any increase could be quite large, there is still a risk that your spouse may lose their home or you may unintentionally leave them with an overwhelming tax burden.
4. Aim To Lower Your Tax Bill
A lot of people unnecessarily pay too much tax. Therefore it is really important to consider ways to decrease personal tax bills. This can be achieved by maximising the use of available allowances, reliefs and exemptions and if necessary reorganise the way assets are owned.
5. Always Obtain Professional Advice
Seeking out and consulting with professional advisers is a vital way of making sure that you meet your current and future needs. Nobody's circumstances are the same and so advice needs to be tailored accordingly. Remember, what is good advice for your friend or neighbour might not be good advice for you. Therefore, do not underestimate the value of taking proper professional advice, no matter what your circumstances.
1. Make Your Long Term Needs Secure
Many elderly people in the United Kingdom are experiencing reduced levels of income as a result of record levels of on-going low interest rates. People that maybe reaching retirement age could also find themselves in a situation where they need to capitalise on their assets in order to create an income. Selling such assets can be fraught with difficulties especially when you consider the poor economic situation. However, careful estate planning can help to mitigate some of the problems faced by people. No matter what your financial position or your net worth, estate planning remains a key to ensuring that your future needs are properly provided for and is vital in terms of preserving family wealth.
2. Review Your Situation Regularly
It is a fact of life that situations constantly change. People must be prepared to be flexible and make alterations in light of any changes. Creating an inventory of assets will help you put things into perspective. It is important to reflect on your current and future needs.
Also consider the following questions:
- How should your assets be owned in order to achieve the maximum benefit?
- What is the best way you can protect your assets from potential future claims?
- Who amongst your family and friends would you want to inherit your assets?
- Who would you want to handle your financial affairs if you ever became physically or mentally incapable of doing so yourself?
It is essential consider every aspect of your life and think seriously about every eventuality in life. A Will is a hugely important document and an essential part of estate planning. Without making a Will, it is difficult to control what will happen to your assets when you die. When a person dies without leaving a Will, it is normal for their spouse or civil partner to receive a fixed sum of money generally known as the statutory legacy. The amount the surviving spouse would receive can change over time and though any increase could be quite large, there is still a risk that your spouse may lose their home or you may unintentionally leave them with an overwhelming tax burden.
4. Aim To Lower Your Tax Bill
A lot of people unnecessarily pay too much tax. Therefore it is really important to consider ways to decrease personal tax bills. This can be achieved by maximising the use of available allowances, reliefs and exemptions and if necessary reorganise the way assets are owned.
5. Always Obtain Professional Advice
Seeking out and consulting with professional advisers is a vital way of making sure that you meet your current and future needs. Nobody's circumstances are the same and so advice needs to be tailored accordingly. Remember, what is good advice for your friend or neighbour might not be good advice for you. Therefore, do not underestimate the value of taking proper professional advice, no matter what your circumstances.
Ellen Fay Solicitors in Preston, Lancashire are specialists in
providing legal services for the elderly and those approaching
retirement throughout the UK. These services include advising clients on
issues regarding estate planning, making a Will and Lasting Powers of
Attorney. If you'd like to comment on this article or simply want to get
in touch, then please visit the website at Solicitors Preston.
Estate Planning - Death Planning
Estate Planning - It's Just As Much Life As It Is Death Planning
I had a potential client call me earlier in the week asking me if he needed a will. The caller wasn't married and had no children or grandchildren. He didn't own any real property. All of his bank accounts had payable on death beneficiaries and he owned minimal personal property. He had the perfect plan; nothing was going to pass through probate so he didn't think he needed a will.
Maybe he doesn't need a will. I didn't know exactly since self-help estate planning frequently leads to mistakes or property that doesn't have the proper designations. In this situation a will is prophylactic. It ensures that if a mistake is made or a beneficiary designation fails, that property passes to the intended recipient.
I turned the discussion from planning for death to what type of planning he had for his life. I asked if he had a power of attorney for finances. His answer was no. "Do you have an advanced health care directive (aka health care power of attorney)?" "No."
The lack of such planning concerned me since I knew he didn't have a significant other or children to care for him if he were unable to care for himself. What would happen to him if he had a stroke or suffered from dementia or Alzheimer's? Perhaps his siblings would step in to care for him - but how? They would have to spend his money to set up a conservatorship and guardianship or other court proceedings. These processes take time and money to set up and are expensive to administer.
To help deal with his finances he could execute a springing power of attorney for finances that would give a sibling or trusted relative the ability to manage his finances if he became incapacitated and unable to do so. It's called a springing power of attorney because it only becomes effective upon incapacity. The power of attorney can provide broad powers and sets forth detailed instructions concerning what the designated agent can and cannot do on the individual's behalf. More importantly, it would allow the caller to designate who he wanted to manage his finances - not a judge. Drafting and executing a power of attorney in this situation is relatively inexpensive when compared to the cost of setting up and maintaining a conservatorship.
In Oregon, an advance health care directive would assist the caller by designating a health care agent to make health care decisions on his behalf when he's unable to. It would potentially eliminate the need for guardianship proceedings. The representative can make decisions based on directions that are left in the directive. Among the decisions the representative can make is whether to withhold or remove life support, food or hydration. The advance heath care directive does not authorize euthanasia, assisted suicide or any overt action to end the person's life.
This example is a part of the problem with self-help planning. Although the caller was very thorough with his death planning he didn't give any thought to his life. In this caller's case, life planning was much more important than death planning, but he hadn't given it any thought.
Afford Effective Estate Planning?
Can You Afford Effective Estate Planning?
"Can I Afford Effective Estate Planning?"
That's Really Not the Right Question.
What you should be asking yourself is: "Can I Afford Not to Do It?"
You may be asking yourself whether you can really afford to do the effective estate planning that you know needs to be done. That's not the question to ask. The real question is whether you and your family can afford to be without the protection and security that the right planning provides.
Would you drive without car insurance? How would you feel without the protection that liability and property coverage offers??
Would you leave your home uninsured?
Would you go without health insurance, knowing that any major medical bills could wipe you out?
In the case of the car, home, and health insurance, you're protecting against the possibility of something happening. If an insured event occurs, then your insurance will cover you, and the premiums you paid for the insurance will be more than worth it.
Estate planning is protecting against the possibility that you might become incapacitated during your lifetime, and the certainty that you will pass away one day.
So what protection and security does the right kind of planning provide?
Protecting You if You Become Incapacitated. If you become incapacitated and need help managing your financial affairs and your medical care, the people you want helping you will need the proper legal documents in order to have the authority to act for you.
Protecting Your Loved Ones. The right kind of estate planning will protect your loved ones from any of the following:
That's Really Not the Right Question.
What you should be asking yourself is: "Can I Afford Not to Do It?"
You may be asking yourself whether you can really afford to do the effective estate planning that you know needs to be done. That's not the question to ask. The real question is whether you and your family can afford to be without the protection and security that the right planning provides.
Would you drive without car insurance? How would you feel without the protection that liability and property coverage offers??
Would you leave your home uninsured?
Would you go without health insurance, knowing that any major medical bills could wipe you out?
In the case of the car, home, and health insurance, you're protecting against the possibility of something happening. If an insured event occurs, then your insurance will cover you, and the premiums you paid for the insurance will be more than worth it.
Estate planning is protecting against the possibility that you might become incapacitated during your lifetime, and the certainty that you will pass away one day.
So what protection and security does the right kind of planning provide?
Protecting You if You Become Incapacitated. If you become incapacitated and need help managing your financial affairs and your medical care, the people you want helping you will need the proper legal documents in order to have the authority to act for you.
Protecting Your Loved Ones. The right kind of estate planning will protect your loved ones from any of the following:
- Creditors - whether they have creditor problems now, or some that arise in the future.
- Predators - people who would take advantage of them after they receive an inheritance from you.
- Poor Financial Judgment - sometimes our loved ones just aren't good at handling money.
- Loss of Benefits - if you have a loved one with Special Needs, then having the right plan will protect their continuing benefits.
- Family Feuds - Unfortunately, when your planning is not done correctly, horrible feuds can arise between family members, even among siblings who previously got along.
- Divorce Loss - if one of your loved ones got divorced, would you want their ex-spouse to receive half of their inheritance? Without proper planning, that can happen.
- Blended Families - in families where there are children from other marriages, then the right estate planning will protect against one side of the family being inadvertently disinherited.
- Probate Expense - If your estate goes through Probate, then your family will pay a much higher cost to administer your estate. The attorney fee to pay in Probate is calculated as a percentage of your assets, starting as high as 4.5%. For example, in Lucas County, the attorney fee for probating a $400,000 estate (gross value) would be $15,000. With the right planning, that cost could be significantly reduced, resulting in savings of up to $11,000!
- Creditors or Long Term Care Spend Down. If you're concerned about the potential for losing your savings to a nursing home, and if long term care insurance is not an option for you, then the right kind of estate planning can help protect a large portion of your assets and preserve them for your loved ones.
Planning And Execution
Probate and Estate Law - Planning And Execution
The death of a loved one is a hard and trying time for anyone to
go through. Unfortunately, even after the funeral services have come to
end and things seem to settle, the work is not yet done. Often times
there are estate matters that need to be handled.
What is an Estate? Simply put, an estate is what is left in an individual's name or possession at the time of their death, including assets and debts. To distribute what is left in an estate to those who are entitled to it a person's estate is administered in a process called probate. It is through the probate process that the property titled in the deceased's name is accounted for and transferred.
The purpose of a last will and testament is to give directives as to how a person wishes for their estate and belongings to be distributed. If a person dies without ever having a will, or their will was proved to be invalid (not legal due to an issue in drafting or execution), then the probate court distributes the estate according to that state's probate law. For example, under Maryland state law, if a person died and they had no will and no surviving blood relatives, then their probate assets would pass to the county's board of education. Laws can vary from state to state, and it's no different in the field of estate law and probate. Be sure to contact an estate law attorney in your state for legal advice.
During the probate process a person is appointed by the probate court to administer the estate. This person is often referred to as an executor or executrix. This person can either be nominated in the deceased's will to handle their estate matters, or in the absence of a will, the court can appoint whom they deem appropriate. It is the executor's responsibility to gather all necessary information and documents so that the deceased's assets may be found, used to pay the remaining debts of the deceased, and the remainder of the assets divided among the beneficiaries named in the will, or in the absence of a will, the heirs at law as named in the state's statute of descent and distribution.
Sounds like a lot of work, right? Well, it is. Even small estates worth little value take a great deal of time, hassle, and expense to complete the probate process. It can be a confusing ordeal, especially on top of already handling the grief that comes with the loss of a loved one. That's why many families choose to seek the legal advice of an attorney. A lawyer skilled in probate administration and estate law can help to relieve the burden, stress, and anxiety that estate administration can cause. There's no better help in estate matters than the diligent and experienced guidance of a practicing probate attorney.
What is an Estate? Simply put, an estate is what is left in an individual's name or possession at the time of their death, including assets and debts. To distribute what is left in an estate to those who are entitled to it a person's estate is administered in a process called probate. It is through the probate process that the property titled in the deceased's name is accounted for and transferred.
The purpose of a last will and testament is to give directives as to how a person wishes for their estate and belongings to be distributed. If a person dies without ever having a will, or their will was proved to be invalid (not legal due to an issue in drafting or execution), then the probate court distributes the estate according to that state's probate law. For example, under Maryland state law, if a person died and they had no will and no surviving blood relatives, then their probate assets would pass to the county's board of education. Laws can vary from state to state, and it's no different in the field of estate law and probate. Be sure to contact an estate law attorney in your state for legal advice.
During the probate process a person is appointed by the probate court to administer the estate. This person is often referred to as an executor or executrix. This person can either be nominated in the deceased's will to handle their estate matters, or in the absence of a will, the court can appoint whom they deem appropriate. It is the executor's responsibility to gather all necessary information and documents so that the deceased's assets may be found, used to pay the remaining debts of the deceased, and the remainder of the assets divided among the beneficiaries named in the will, or in the absence of a will, the heirs at law as named in the state's statute of descent and distribution.
Sounds like a lot of work, right? Well, it is. Even small estates worth little value take a great deal of time, hassle, and expense to complete the probate process. It can be a confusing ordeal, especially on top of already handling the grief that comes with the loss of a loved one. That's why many families choose to seek the legal advice of an attorney. A lawyer skilled in probate administration and estate law can help to relieve the burden, stress, and anxiety that estate administration can cause. There's no better help in estate matters than the diligent and experienced guidance of a practicing probate attorney.
Update Your Estate Planning
A New Year: A Great Time to Update Your Estate Planning
Around the end of each year I like to take an inventory of myself, what I did in the past year and what changed over that time. There have been new additions to my family; I have grown closer to some friends and more distant with others; we've moved to a new house; and in general things have changed considerably. With all of the change, it's a perfect time to update my estate plan to reflect these and other changes that have happened since I executed my estate planning documents nearly eight years ago.I need to update my documents and you probably do too; or you need to create an estate plan if you don't have one already. Some questions that you should ask yourself in determining whether you need to update your estate planning documents are below.
1. Do you have an existing estate plan?
If your answer is yes, then I will direct you to question number 2. If you answer, no, then please read on.
I sometimes have people tell me that they have a will but it just hasn't been signed. My answer is short: "Then you don't have a will." In Oregon, a will is only valid if you sign it and it's properly witnessed.
I also ask them if they have a durable power of attorney and advance health care directive. Either a will or trust will form the backbone of your estate plan, but you should also have a durable power of attorney for finances and advance health care directive to complete your estate plan.
2. Has the size of your estate changed?
If the size of your estate has increased then you may need a new estate plan to address the increase for estate tax reasons or from a financial planning standpoint. Even a decrease in your estate may necessitate a change since tax planning in your previous estate planning documents may no longer be necessary or adequate.
3. Have you divorced or married?
Once finalized a divorce automatically revokes your will. If you didn't update your existing estate plan after the divorce then you need to do so as soon as possible. If your will is revoked then your estate may pass through intestate succession unless you execute a new will or trust.
Not only is your will revoked but most payable on death designations naming your ex-spouse as a beneficiary will be automatically revoked too. However, you need to change those designations so that a bank or other financial institution doesn't mistakenly make a payment to your ex-spouse.
In Oregon, like a divorce, marriage revokes any will entered into prior to the marriage (unless the will states that it was made in contemplation of marriage). However, the beneficiary designations on most payable on death accounts (bank accounts, brokerage accounts, etc.) and retirement accounts remain unchanged. For example, you may name your sister as the beneficiary of your IRA, get married, and forget to change your spouse to the primary beneficiary. You pass away 10 years later, still happily married. Your sister gets your IRA, not your spouse - the one you and your spouse have been living on.
Executing a new estate plan following a divorce or marriage is necessary to avoid this result.
4. Have you moved to a new state or country?
For the most part estate planning documents executed in Oregon are valid in the other 49 states. However, you may need to update your existing documents to reflect your new state's laws. Oftentimes you will need to execute a new durable power of attorney or health care directive to comply with your new state's laws. Although it may not be necessary, new estate planning documents may make it easier to deal with financial institutions and medical providers in your new state.
5. Have any of your trustees, personal representatives or other fiduciaries moved, died, become ill, grown distant, or otherwise become unable to serve as a fiduciary?
As beneficiaries change, so do your fiduciaries - such as personal representative, trustee, attorney-in-fact and health care agent. With younger couples, oftentimes they name their parents as trustees of a trust set up for the couple's minor children. The children grow up and become financially responsible. The couple's parents get older and pass away or become unable to manage finances.
Co-fiduciaries get divorced (think your son and daughter in law) or have a falling out (siblings named as co-trustees) such that they can no longer serve together. Friends named as trustee or personal representative grow distant and you no longer talk or see them. Banks change hands and names such that the small, intimate local bank, is now owned by one of the mammoth national banks.
As these changes happen, the fiduciary designations in your estate plan need to change too. The update can be relatively simple.
6. Have you funded your trust completely?
Many people sign their trust, put the originals in their safe deposit box and then move on. They never think about the trust again. They buy and sell property in their own names, never transferring the property to the trust or buying new property under the trust's name. Many clients will refinance their home and to do so the bank requires the couple to take their property out of their trust and refinance it in their names as husband and wife. Once the refinance is complete, they don't put the property back into their trust.
One of the main reasons to use a trust is to avoid probate. If all of your property is not transferred to your trust or owned by your trust then probate may be required. Probate is an expensive and timely process that is oftentimes unnecessary, assuming your trust is fully funded.
7. Does your existing plan address your incapacity?
Some people have a will but do not have a durable power of attorney for finances and advance health care directive. Both of these documents are essential to avoid unnecessary and expensive guardianship and conservatorship proceedings during your lifetime. Many people that use do-it-yourself wills run into this problem.
The fact of the matter is that guardianship and conservatorship proceedings diminish your assets faster than a probate proceeding will. Yet people frequently ignore these documents in planning or fail to update the documents to address changes during their lifetimes.
One of the more frustrating parts of my practice occurs when a person has a valid durable power of attorney but the appointed attorney-in-fact has passed away or is unable to serve as attorney-in-fact and a successor is not named in the document. The document is essentially useless and you'll need court involvement if you become disabled.
8. Does your existing plan distribute your property: (1) to whom you want; (2) when you want them to receive it; and, (3) in the manner you want them to receive it?
If you cannot answer these three questions affirmatively then you probably need to update your estate planning documents.
Family dynamics change rapidly. You may have had an excellent relationship with your son at the time you executed your will in 1990 but since that time your relationship has deteriorated so much that you haven't spoken to him in 10 years. Do you still want your son to receive all of your estate and if so do you want his share to be held in trust for his benefit during his lifetime with the remainder going directly to his children.
Has a beneficiary become disabled since you last executed your will or trust? Has a beneficiary developed a gambling habit or spending habits that you may disagree with?
Under these types of circumstances you will definitely want to update your will, trust and other estate planning documents to address these changes.
CONCLUSION
The purpose of estate planning is to address how you would like to be treated in the event of your incapacity and how you would like your property to be treated after you pass away. Failing to update your estate planning documents can result in improper management of your finances during your lifetime and your property being distributed to people or organizations that you no longer wish to receive it.
These questions are non-exhaustive. Please call our office to schedule an appointment to review your existing estate planning documents and discuss changes that you would like made.
Law 101
Probate Law 101
Probate law is a legal process that no one ever wants to deal
with. When someone who has a valid will passes away an administrative
process goes into effect which determines how the individual's property
and belongings (termed their estate) will be handled. The process of
this is great to know as both the person who is writing the will and the
people who will be involved in the process should the unthinkable
happen so that everything is understood and further pain is avoided.
Estate planning is a lot better than no estate planning at all where
motives have historically been influenced by relationships between
friends and family and the value of the estate.
What is probate?
The term probate can be used in a variety of related ways. However the most common context is known as the process that occurs within the legal system administering your estate after someone has deceased. Each person listed on the will, must apply for a grant of Probate.
What if I have no will?
The Probate Law will only take effect when a valid will has been written by the deceased person. If the deceased does not have a recognized will, then the probate is invalid and an administrator needs to be made official (generally the next of kin). This process can be complicated and takes a lot longer than if a will was written.
What is included in an estate?
The probate lawfully considers an estate to be all assets that are owned fully or partially by the deceased. This includes future pay checks from work before passing, household goods, property and anything else that ownership can be determined by various forms of legal documents. All of the above can be probated by a local Probate Council except for real estate. Probate law for real estate is under the jurisdiction that the property is located. If someone wants to contest the ownership of any part of the estate, they must go through the appropriate legal channels.
Getting the process started?
If someone has deceased, their will is not official until it has been submitted for probate. Therefore when estate planning, you will need to tell someone where they can locate your will if required. Although there are some parts of the probate court procedures that are informal, there are severe penalties if the will is not produced within a certain time, is concealed or destroyed.
Estate planning is not enjoyable to think about. However, by doing so you do make things clearer for those who are mentioned in your will. The probate law may seem like a nuisance given the circumstances that the law is applied however is required though to keep everyone in check. It also simplifies the process as there have been situations where assets of the deceased are fought over for years resulting in ongoing pain for all parties involved. Ultimately, who do you want to go through your underwear draw?
What is probate?
The term probate can be used in a variety of related ways. However the most common context is known as the process that occurs within the legal system administering your estate after someone has deceased. Each person listed on the will, must apply for a grant of Probate.
What if I have no will?
The Probate Law will only take effect when a valid will has been written by the deceased person. If the deceased does not have a recognized will, then the probate is invalid and an administrator needs to be made official (generally the next of kin). This process can be complicated and takes a lot longer than if a will was written.
What is included in an estate?
The probate lawfully considers an estate to be all assets that are owned fully or partially by the deceased. This includes future pay checks from work before passing, household goods, property and anything else that ownership can be determined by various forms of legal documents. All of the above can be probated by a local Probate Council except for real estate. Probate law for real estate is under the jurisdiction that the property is located. If someone wants to contest the ownership of any part of the estate, they must go through the appropriate legal channels.
Getting the process started?
If someone has deceased, their will is not official until it has been submitted for probate. Therefore when estate planning, you will need to tell someone where they can locate your will if required. Although there are some parts of the probate court procedures that are informal, there are severe penalties if the will is not produced within a certain time, is concealed or destroyed.
Estate planning is not enjoyable to think about. However, by doing so you do make things clearer for those who are mentioned in your will. The probate law may seem like a nuisance given the circumstances that the law is applied however is required though to keep everyone in check. It also simplifies the process as there have been situations where assets of the deceased are fought over for years resulting in ongoing pain for all parties involved. Ultimately, who do you want to go through your underwear draw?
Abuse in Nursing Homes
The Four Types of Abuse in Nursing Homes
Abuse of the elderly is a growing problem as increasing numbers
of people reach their senior years. Many will require placement in
residential or skilled nursing facilities as they become unable to care
for themselves. Our elders need to spend their later years in safety and
comfort, not in fear or deprivation.
Recognizing the signs of nursing home abuse or neglect helps ensure your loved ones won't experience those things.
There are four basic types of nursing home abuse, and include:
Physical abuse is the type of abuse most often reported. It occurs when a caregiver inappropriately touches or strikes someone in his or her care. This can be pinching, kicking, biting, hair pulling, hitting or under or over-medicating the resident. The disabled are at the greatest risk and the risk is equal between male and female residents. Signs of physical abuse can be sores, welts, or bruising, broken bones, scratches, or bite marks. A loved one who is lethargic or unresponsive may be overmedicated or may suffer in need of an unreceived treatment for a behavioral or physical condition.
Emotional abuse can cause mental suffering in a vulnerable resident. A caregiver who screams, curses, or threatens a resident can cause fear and depression in those dependent on them for care. Isolating, restraining, refusing to speak to a resident or allow them access to news, phone calls, or interaction with others may be emotional abuse. A resident who was interactive and social who becomes quiet and withdrawn may be fearful of further abuse.
Sexual abuse is often driven by a need to control and dominate. Frail, elderly or disabled men and women are at risk of abuse from sexual predators because of their inability to protect themselves. Signs of sexual abuse can be injury around the genital area, the diagnosis of sexually transmitted diseases or discomfort in the buttock or genital area. It can be forced sexual contact, manipulating a mentally disabled person into sexual behaviors or the making of inappropriate comments of a sexual nature.
Financial abuse is the misappropriation of a resident's belongings, money or inappropriately accessing bank accounts. A caregiver who solicits tips or compensation in addition to his or her pay may be guilty of financial abuse. Billing for care that was not provided can be a form of fraud and financial abuse.
Neglect is the failure to provide care or keep a resident safe from harm. It can be physical neglect or emotional neglect. Dehydration, malnutrition, weight loss, poor hygiene, unsafe or unclean surroundings, lack of social opportunities and stimulation can all be signs of neglect. Failure to treat a decline in medical condition can be neglect or medical malpractice.
Nursing home personnel should be screened for a background of abuse and trained in abuse prevention and how to care for residents with behavior disturbances. But this is not a guarantee that abuse will not occur. Staff who are impatient or unable to depersonalize the behaviors and understand why they occur are at risk of abusing the behavioral resident.
Recognizing the signs of nursing home abuse or neglect helps ensure your loved ones won't experience those things.
There are four basic types of nursing home abuse, and include:
- Physical abuse
- Emotional abuse
- Sexual abuse
- Financial abuse
Physical abuse is the type of abuse most often reported. It occurs when a caregiver inappropriately touches or strikes someone in his or her care. This can be pinching, kicking, biting, hair pulling, hitting or under or over-medicating the resident. The disabled are at the greatest risk and the risk is equal between male and female residents. Signs of physical abuse can be sores, welts, or bruising, broken bones, scratches, or bite marks. A loved one who is lethargic or unresponsive may be overmedicated or may suffer in need of an unreceived treatment for a behavioral or physical condition.
Emotional abuse can cause mental suffering in a vulnerable resident. A caregiver who screams, curses, or threatens a resident can cause fear and depression in those dependent on them for care. Isolating, restraining, refusing to speak to a resident or allow them access to news, phone calls, or interaction with others may be emotional abuse. A resident who was interactive and social who becomes quiet and withdrawn may be fearful of further abuse.
Sexual abuse is often driven by a need to control and dominate. Frail, elderly or disabled men and women are at risk of abuse from sexual predators because of their inability to protect themselves. Signs of sexual abuse can be injury around the genital area, the diagnosis of sexually transmitted diseases or discomfort in the buttock or genital area. It can be forced sexual contact, manipulating a mentally disabled person into sexual behaviors or the making of inappropriate comments of a sexual nature.
Financial abuse is the misappropriation of a resident's belongings, money or inappropriately accessing bank accounts. A caregiver who solicits tips or compensation in addition to his or her pay may be guilty of financial abuse. Billing for care that was not provided can be a form of fraud and financial abuse.
Neglect is the failure to provide care or keep a resident safe from harm. It can be physical neglect or emotional neglect. Dehydration, malnutrition, weight loss, poor hygiene, unsafe or unclean surroundings, lack of social opportunities and stimulation can all be signs of neglect. Failure to treat a decline in medical condition can be neglect or medical malpractice.
Nursing home personnel should be screened for a background of abuse and trained in abuse prevention and how to care for residents with behavior disturbances. But this is not a guarantee that abuse will not occur. Staff who are impatient or unable to depersonalize the behaviors and understand why they occur are at risk of abusing the behavioral resident.
Saturday, 11 January 2014
Steps to Protect Yourself
Cohabitation and Steps to Protect Yourself
Cohabitation is when you decide to live with someone who you are
not married to. Cohabitation is different to marriage as you are not
expected to maintain each other and are seen as completely different in
the eyes of the law. If you were married you are seen as tied to each
other, and therefore you have to maintain each other.
When you are living with someone, there are steps that you can take to protect yourself. You will be protecting yourself from unexpected events such as the death of one of you or the breakdown of the relationship. This is especially important if you are intending on purchasing the property you are going to be living in, as a family home or a joint venture.
There are a number of things that you can do to protect your financial interests, and yourself, when you are cohabiting with someone. They are not very romantic, but they are very sensible and can help you avoid problems at the end of the relationship, and a understanding during the relationship.
1. Make a Will. Each partner should have a will. If you do not have a will, and you die, then the property will pass under the rules of Intestacy. This means that it will pass to either a relative or a spouse. If a Will is in place then the ownership of the property on the event of a death will be clearly recorded.
2. Make a Cohabitation Agreement. A cohabitation agreement will solve many issues that could arise, if it is correctly made and completely fully. All this agreement will do is enforce what has already been decided by the people involved. The most sensible option when making a Cohabitation Agreement is to decide what the terms of the cohabitation will be and write them down in a formal matter, possibly following a cohabitation agreement template. You should include the following in a cohabitation agreement:
· How bills will be paid.
· How the property will be owned.
· How the house hold income will be handled.
· What will happen if the relationship breaks down.
Sitting down and deciding important aspects such as these will give the relationship a footing and show that you have planned the home that you are setting up together, putting it in writing shows that you are willing to be bound to the future together.
A Cohabitation agreement will help you to consider the implications of living together and help you run the home in a more successful way. It will also help you both to move on with your lives with as little stress and hassle as possible.
When you are living with someone, there are steps that you can take to protect yourself. You will be protecting yourself from unexpected events such as the death of one of you or the breakdown of the relationship. This is especially important if you are intending on purchasing the property you are going to be living in, as a family home or a joint venture.
There are a number of things that you can do to protect your financial interests, and yourself, when you are cohabiting with someone. They are not very romantic, but they are very sensible and can help you avoid problems at the end of the relationship, and a understanding during the relationship.
1. Make a Will. Each partner should have a will. If you do not have a will, and you die, then the property will pass under the rules of Intestacy. This means that it will pass to either a relative or a spouse. If a Will is in place then the ownership of the property on the event of a death will be clearly recorded.
2. Make a Cohabitation Agreement. A cohabitation agreement will solve many issues that could arise, if it is correctly made and completely fully. All this agreement will do is enforce what has already been decided by the people involved. The most sensible option when making a Cohabitation Agreement is to decide what the terms of the cohabitation will be and write them down in a formal matter, possibly following a cohabitation agreement template. You should include the following in a cohabitation agreement:
· How bills will be paid.
· How the property will be owned.
· How the house hold income will be handled.
· What will happen if the relationship breaks down.
Sitting down and deciding important aspects such as these will give the relationship a footing and show that you have planned the home that you are setting up together, putting it in writing shows that you are willing to be bound to the future together.
A Cohabitation agreement will help you to consider the implications of living together and help you run the home in a more successful way. It will also help you both to move on with your lives with as little stress and hassle as possible.
Sale of a Property With a Order for Sale
Force the Sale of a Property With a Order for Sale
If a property is owned by more than one person then disputes can
become very heated over what the life if the property will be. If one
party wishes for the property to be sold and the other does not then the
best option for the person who wants to get their investment out of the
property is to make an application to the courts for an Order for Sale.
This method is often used when a married couple are getting a Divorce. For example, when the couple separated, the husband was forced to leave the house that he owns half of. The wife remains living there, with free use of her spouse's share of the house. The husband would have to apply for an Order for Sale in order to get his proceeds from the house.
Disputes over Ownership
When a property is purchased by more than one person a trust will be made. This will say who owns what percentage of the property. However, it is not uncommon for the trust to be made and not completely considered. This is normally because it is not a romantic decision, and much of the time people buy houses in the heat of romance and do not consider the terms as they are still at the relative start of the relationship, which has now broken down.
The courts do have the power to vary property ownership during a divorce; this might come in useful to many people who are making the application for an Order for Sale.
When the courts receive an application for an Order for Sale then they will consider many aspects. Such as:
If you want to make an order for sale or learn more than your best bet is to get professional advice. You do not need a solicitor to prepare the application for you, as it is a straight forward procedure, but it is best to check that you are not wasting your time if it is not going to be approved.
This method is often used when a married couple are getting a Divorce. For example, when the couple separated, the husband was forced to leave the house that he owns half of. The wife remains living there, with free use of her spouse's share of the house. The husband would have to apply for an Order for Sale in order to get his proceeds from the house.
Disputes over Ownership
When a property is purchased by more than one person a trust will be made. This will say who owns what percentage of the property. However, it is not uncommon for the trust to be made and not completely considered. This is normally because it is not a romantic decision, and much of the time people buy houses in the heat of romance and do not consider the terms as they are still at the relative start of the relationship, which has now broken down.
The courts do have the power to vary property ownership during a divorce; this might come in useful to many people who are making the application for an Order for Sale.
When the courts receive an application for an Order for Sale then they will consider many aspects. Such as:
- What was the intended use of the property?
- Will a sale affect the welfare of any children involved in the relationship?
- How much was contributed to the purchase of the property?
If you want to make an order for sale or learn more than your best bet is to get professional advice. You do not need a solicitor to prepare the application for you, as it is a straight forward procedure, but it is best to check that you are not wasting your time if it is not going to be approved.
Force the Sale of Property
Force the Sale of Property With an "Order for Sale"
When more than one person owns property disputes are always a worry. Complication and financial issues can complicate the issue which can eventually lead to one person wanting out. If the owners are married this can be due to a divorce. When one person wants the house to be sold but the other doesn't (normally because they are living in it) then it is possible for the courts to step in and force the sale. They will do this with what is known as an Order for Sale.If the relationship between the two owners is romantic then the common result of a separation is one owner moves out of the property while the other remains living there. This can be distressing to everyone, but especially to the person who cannot live in the house they partially own. An order for sale would be used in this instance because the resident in the property will probably refuse the sale as they get the house to themselves! The courts step in to help everyone move on with their lives with the investment that they have put into the property.
How to Determine Who Owns of the Property
This can be a difficult question, especially in romantic situations. Whenever a property is owned by two or more people, a trust for the land will be created. In some situations when property is bought this trust is not property considered. Excitement of purchasing a property, or excitement of taking the next steps in a relationship results in unhappiness and unfairness when the ownership of the property becomes very important, which is when it is time for it to be sold. How the proceeds will be split from the Order for Sale can be decided by the courts which is the other very important aspect of an Order for Sale.
The application for an Order for Sale should be made to the courts under section 14 of the Trusts of Land and Appointment of the Trustees Act. The courts will then consider several factors before they grant an Order for Sale:
- Why was the property bought in the first place
- Is there any children living in the property? (The courts will not grant an order for sale if it will force a child to move or cause a lot of disruption to the child's life.
- Will any children's welfare be improved if the property is sold.
- How much each party contributed to the purchase.
Legal Tips From Lawyers
Legal Tips From Lawyers On Buying Properties In Thailand
The Thai Law does not allow overseas nationals to own a property
in the country. Therefore, foreigners need to analyze the legal issues
that come along with owning a land. However, a foreign national can
fight for his or her right for building possession different from land
properties, like, condominiums.
Laws for Non-natives
An efficient lawyer in Thailand provides his or her client with effective legal solutions to buying properties. According to law of the country, a foreign national is liable to own the following properties -
• Any division in a registered Condominium.
• Registered leasehold of up to 30 long years for all sorts of entitled buildings or lands.
• A Building separated from land property
Foreign nationals cannot own a freehold land. The person also does not have the right to own more than 49 percent of the shares of a distinct company that owns a freehold land.
Procuring a Condominium
The Condominium act of Thailand allows a foreigner to own as much as 49 percent of the entire unit space of a condominium building, registered by the law. The purchaser can plea for a letter of assurance from the juristic person of Condominium who sets out the percentages of foreign ownership. Upon transfer of ownership, the foreign national can send the form to the Land Department. It is essential for a foreign buyer to bring hundred percent of the finances from overseas. The funds in foreign currency will then need a Foreign Exchange Transaction Form.
Details on Foreign exchange transaction form
The Thai bank provides this form to supply evidence of the trade to the land Department of the country. A Foreign exchange transaction form needs to evade complications because of strict currency laundering rules. It is also necessary for an exchange form to avoid remittance tax during repatriating funds. It is a matter of worry only when the foreigner sells the condominium at a later time. A foreigner can own the form at a price of 20 thousand US dollars. It is necessary for the person to specify his or her purpose behind the payment in the order form along with specifying the unit number and the name of the condominium.
Effective Solution for Foreigners
One effective way in which a foreigner can buy properties in the country of Thailand is through long-term lease option. The overseas national can get registered leasehold as they are simple and pretty straightforward and also secure. Long term leasehold structure with time and slowly become equal to freehold ownership. An individual can renew the property for two times. This extends the ownership for 90 years in total.
There are almost no issues with security as owning the building assures proper ownership rights. The lessor is not liable to own the property once the lease expires since the property has no link with the land. It is also not liable to become a subject under the Civil law of Thailand. A Lawyer can always become handy for foreign national while buying properties for the first time in Thailand. They provide effective tips and legal solutions that help the foreigners in future.
Laws for Non-natives
An efficient lawyer in Thailand provides his or her client with effective legal solutions to buying properties. According to law of the country, a foreign national is liable to own the following properties -
• Any division in a registered Condominium.
• Registered leasehold of up to 30 long years for all sorts of entitled buildings or lands.
• A Building separated from land property
Foreign nationals cannot own a freehold land. The person also does not have the right to own more than 49 percent of the shares of a distinct company that owns a freehold land.
Procuring a Condominium
The Condominium act of Thailand allows a foreigner to own as much as 49 percent of the entire unit space of a condominium building, registered by the law. The purchaser can plea for a letter of assurance from the juristic person of Condominium who sets out the percentages of foreign ownership. Upon transfer of ownership, the foreign national can send the form to the Land Department. It is essential for a foreign buyer to bring hundred percent of the finances from overseas. The funds in foreign currency will then need a Foreign Exchange Transaction Form.
Details on Foreign exchange transaction form
The Thai bank provides this form to supply evidence of the trade to the land Department of the country. A Foreign exchange transaction form needs to evade complications because of strict currency laundering rules. It is also necessary for an exchange form to avoid remittance tax during repatriating funds. It is a matter of worry only when the foreigner sells the condominium at a later time. A foreigner can own the form at a price of 20 thousand US dollars. It is necessary for the person to specify his or her purpose behind the payment in the order form along with specifying the unit number and the name of the condominium.
Effective Solution for Foreigners
One effective way in which a foreigner can buy properties in the country of Thailand is through long-term lease option. The overseas national can get registered leasehold as they are simple and pretty straightforward and also secure. Long term leasehold structure with time and slowly become equal to freehold ownership. An individual can renew the property for two times. This extends the ownership for 90 years in total.
There are almost no issues with security as owning the building assures proper ownership rights. The lessor is not liable to own the property once the lease expires since the property has no link with the land. It is also not liable to become a subject under the Civil law of Thailand. A Lawyer can always become handy for foreign national while buying properties for the first time in Thailand. They provide effective tips and legal solutions that help the foreigners in future.
Obligations of a Landlord?
What Are the Obligations of a Landlord?
Tenants and Landlords have obligations regarding property upkeep.
These obligations are simple rights or legislation that can be enforced
by British courts. There are also many regulations set on landlords:
they will have to cohere to the Disability Discrimination Act, Race
discrimination Act and Sex Discrimination Act when they allow someone to
let the property.
The Housing Acts give rights to the tenant and regulates the proper relationships between the landlord and the tenant.
What are the Responsibilities of a Landlord?
A Landlord will have the following responsibilities:
· Repairs to the structure of the property, exterior of the property, heating and hot water utilities along with basins, sinks, baths and sanitary utilities.
· Safety of Gas and Electric appliances
· Fire safety and precautions regarding furniture and furnishings that are provided with the property
· Ensuring the property is up to a reasonable standard for habitation
· Repairing and maintenance of water heating.
· Maintenance of common areas if the property is a Multi Occupancy dwelling.
What are the Responsibilities of a Tenant?
A Tenant will have the following responsibilities:
· Payment of Rent as agreed at the start of the residency.
· Taking proper care of the property
· Paying council tax and sewerage charges (In most cases)
The powers of local councils to ensure suitable housing
If a landlord does not get repairs done in a reasonable amount of time after being told about it then a tenant can take the landlord to court for costs for the repairs or to get an order stating that they must carry out the work, along with money for damages.
The law also gives local authorities powers that can deal with properties that are in disrepair. This means that if a property does not meet a certain standard then a local council can step in order the owner to remedy the defect. If the landlord does not do this then they can be fined, which would increase daily.
Local authorities also have the duty and power to take action to ensure that the property is in a habitable state for the tenants. If they deem it uninhabitable then there are a range of remedies available. A repair notice can be served to the landlord or in extreme cases the house can be ceased from the landlords and closed or demolished. The tenant in question will be entitled to alternative accommodation (which will not be permanent) or payments from the council.
The Housing Acts give rights to the tenant and regulates the proper relationships between the landlord and the tenant.
What are the Responsibilities of a Landlord?
A Landlord will have the following responsibilities:
· Repairs to the structure of the property, exterior of the property, heating and hot water utilities along with basins, sinks, baths and sanitary utilities.
· Safety of Gas and Electric appliances
· Fire safety and precautions regarding furniture and furnishings that are provided with the property
· Ensuring the property is up to a reasonable standard for habitation
· Repairing and maintenance of water heating.
· Maintenance of common areas if the property is a Multi Occupancy dwelling.
What are the Responsibilities of a Tenant?
A Tenant will have the following responsibilities:
· Payment of Rent as agreed at the start of the residency.
· Taking proper care of the property
· Paying council tax and sewerage charges (In most cases)
The powers of local councils to ensure suitable housing
If a landlord does not get repairs done in a reasonable amount of time after being told about it then a tenant can take the landlord to court for costs for the repairs or to get an order stating that they must carry out the work, along with money for damages.
The law also gives local authorities powers that can deal with properties that are in disrepair. This means that if a property does not meet a certain standard then a local council can step in order the owner to remedy the defect. If the landlord does not do this then they can be fined, which would increase daily.
Local authorities also have the duty and power to take action to ensure that the property is in a habitable state for the tenants. If they deem it uninhabitable then there are a range of remedies available. A repair notice can be served to the landlord or in extreme cases the house can be ceased from the landlords and closed or demolished. The tenant in question will be entitled to alternative accommodation (which will not be permanent) or payments from the council.
Order for Sale
Do You Need an Order for Sale?
The need for an order for sale depends on two things: Are there
disagreements over who owns the property? Are there disagreements over
when the property is to be sold?
When is the property going to be sold?
This is the main reason that an Order for Sale is going to be needed. This question comes up most of the time when there is a major break up between the owners of the property and only one of them ends up living in it. Naturally this results in the other owner being unhappy and wanting the property to be sold so they can move on with their lives.
So if you want to release your investment in the property, then you will need an Order for Sale in this situation. Other situations are less common but all have one common factor which is a stubborn person who will refuse to sell the property. If there is no good reason to refuse the sale of the property then the courts will force the sale. They will only refuse the application for an Order for Sale if the person living in the property has nowhere else to go or there is a child living in the property as a court will not force a child to move (as it could cause much stress and harm to the child, possibly also forcing them to move schools).
Who Owns the Property?
If there are disputes over who owns the property then an Order for Sale can also be used. Whenever a property is bought by more than one person then a "Trust" will be created. This trust will state how much each person owns, however, trusts can be created without fully considering its consequences in the future. If you buy your first house with your partner then you will of course be excited but this can lead to it being purchased in the heat of romance and without the trust being property considered.
When an Order for Sale is sent to the courts they have the power to force the sale of the house, and also the power to vary how the proceeds of the sale will be split. So if the Trust is unfair then you should apply for an Order for Sale.
They will base their decisions on how the proceeds should be split on many factors, such as any work that has been done to improve the value of the house, how much each person contributed to its purchase and the reason that the property was purchased.
When is the property going to be sold?
This is the main reason that an Order for Sale is going to be needed. This question comes up most of the time when there is a major break up between the owners of the property and only one of them ends up living in it. Naturally this results in the other owner being unhappy and wanting the property to be sold so they can move on with their lives.
So if you want to release your investment in the property, then you will need an Order for Sale in this situation. Other situations are less common but all have one common factor which is a stubborn person who will refuse to sell the property. If there is no good reason to refuse the sale of the property then the courts will force the sale. They will only refuse the application for an Order for Sale if the person living in the property has nowhere else to go or there is a child living in the property as a court will not force a child to move (as it could cause much stress and harm to the child, possibly also forcing them to move schools).
Who Owns the Property?
If there are disputes over who owns the property then an Order for Sale can also be used. Whenever a property is bought by more than one person then a "Trust" will be created. This trust will state how much each person owns, however, trusts can be created without fully considering its consequences in the future. If you buy your first house with your partner then you will of course be excited but this can lead to it being purchased in the heat of romance and without the trust being property considered.
When an Order for Sale is sent to the courts they have the power to force the sale of the house, and also the power to vary how the proceeds of the sale will be split. So if the Trust is unfair then you should apply for an Order for Sale.
They will base their decisions on how the proceeds should be split on many factors, such as any work that has been done to improve the value of the house, how much each person contributed to its purchase and the reason that the property was purchased.
Legal Cap Over Rental
Legal Cap Over Rental Hike
Complaints regarding the hike in rents from Dubai residents are
rising due to unreasonable increases being demanded by the landlord.
There is no federal law determining the rent cap, each emirate has its
own separate laws.
For the emirate of Dubai, Law No. 26 of 2007 regulates the relationship between landlord and the tenant and provides for regulations in regards to rent. In respect of rent, the Union Supreme Court has stated that "the effect of the provisions of a contract of lease (tenancy contract) as set out in articles 742 et seq. of the Civil Code is that rent is payable in consideration of the enjoyment of the thing leased."
(It should be noted that the Dubai Law No. 26 of 2007 is applicable all over Dubai except for the areas that are covered by the DIFC zone as the real property in the DIFC zone is regulated by the DIFC Law No. 4 of 2007).
The law defines rent as a specified amount of consideration which the tenant is bound to pay according to the tenancy contract. The tenancy contract is the contract by which the landlord is committed to enable tenant to benefit from the property for the specified purpose and period against specified consideration and thus the amount of rent is to be specified in the contract and shall remain the same till the expiration of the said contract.
Further the law provides for the determination of the rent value in case the same is not provided for in the tenancy contract or where the rent is determined but it is not possible to evidence the same. In such cases the Committee i.e. the Judicial Committee authorized to settle disputes between landlords and tenants, is to determine the rent of the property so leased in accordance with the 'similar rent'. The 'similar rent' is to be specified by the committee in accordance with the standards of specifying the rent increase percentage applied by the Real Estate Regulatory Agency (RERA). Also, the general economic circumstances in the Emirate, the status of the property, market rent in the same area and existing legislation are all factors that have to be taken into consideration when determining the similar rent. RERA is to set out criteria to determine the rent increase rates in the Emirate, in accordance with the general economic conditions therein.
Any dispute regarding the rent of leased premises is to be referred to the committee as the jurisdiction of the committee includes all such disputes.
Upon the expiry of the tenancy contract, it is to be renewed for a similar period and during the renewal the landlord may amend the contractual terms. He may review the rent which he may either maintain at the same rental amount or he may increase or decrease it. The rent so increased or decreased would be valid for the period of the tenancy contract. For the tenancy contract to continue to be in force it is essential that the tenant consents to the terms so amended by the landlord, if the parties do not reach an agreement, the Committee may decide a fair rent. If either party to the tenancy contract wishes to amend any of its conditions then he must notify the same to the other party not less than 90 days prior to expiry date but this condition may be nullified by agreement of the landlord and the tenant.
The law also sets a ceiling limit to the increase in the rent by the landlord so that landlords do not take advantage of the vulnerable position of tenants and exploit them by unreasonable increases in the rent rates. Also the rent may not be increased during a tenancy contract. It can be increased only after the expiry of the previous contract, and therefore the rent is to remain for a period of one year starting from the commencement of the tenancy contract.
Further the Dubai Decree No. 62 of 2009 concerning rental prices in the emirate of Dubai has fixed the maximum increase in the rents of properties in the Emirate of Dubai according to the average rent of properties in the same area and the percentage of the difference between the average rent and the present rent. Thus depending on the difference the increase may be up to the following limit:
i. zero increase of rent in the case the rent is up to 25% less than the average rent of properties of similar specifications;
ii. 5% of the applicable rent in the case the rent is 26% to 35% less than the average rent of properties of similar specifications;
iii. 10% of the applicable rent in case the rent is 36% to 45% less than the average rent of properties of similar specifications;
iv. 15% of the applicable rent in case the rent is 46% to 55% less than the average rent of properties of similar specifications; and
v. 20% of the applicable rent in case the rent is over 55% less than the average rent of properties of similar specifications.
Apart from this the government of Dubai has provided us with an online rental increase calculator on the following website: http://www.dubailand.gov.ae/english/Tanzeem/Rentals/Rental_Increase_Calculator.aspx
The above mentioned website of the government provides for a service to calculate increase percentages in order to obtain rental values in certain areas as a guiding tool. All that the user has to do to use this service is to select the calculator from the website and enter the required details and then he/she shall be provided with the increase cap and average rental for the requested area and unit.
Tips on avoiding an illegal rent hike:
1. Make sure that the landlord has given a notice in writing to you of the proposed rental increase not less than 90 days before the end of tenancy contract.
2. Check that the amount of the increase accords with the RERA rent calculator for your property.
3. If you cannot reach an agreement with your landlord on the amount of the rent increase make an application to the Rent Committee.
For the emirate of Dubai, Law No. 26 of 2007 regulates the relationship between landlord and the tenant and provides for regulations in regards to rent. In respect of rent, the Union Supreme Court has stated that "the effect of the provisions of a contract of lease (tenancy contract) as set out in articles 742 et seq. of the Civil Code is that rent is payable in consideration of the enjoyment of the thing leased."
(It should be noted that the Dubai Law No. 26 of 2007 is applicable all over Dubai except for the areas that are covered by the DIFC zone as the real property in the DIFC zone is regulated by the DIFC Law No. 4 of 2007).
The law defines rent as a specified amount of consideration which the tenant is bound to pay according to the tenancy contract. The tenancy contract is the contract by which the landlord is committed to enable tenant to benefit from the property for the specified purpose and period against specified consideration and thus the amount of rent is to be specified in the contract and shall remain the same till the expiration of the said contract.
Further the law provides for the determination of the rent value in case the same is not provided for in the tenancy contract or where the rent is determined but it is not possible to evidence the same. In such cases the Committee i.e. the Judicial Committee authorized to settle disputes between landlords and tenants, is to determine the rent of the property so leased in accordance with the 'similar rent'. The 'similar rent' is to be specified by the committee in accordance with the standards of specifying the rent increase percentage applied by the Real Estate Regulatory Agency (RERA). Also, the general economic circumstances in the Emirate, the status of the property, market rent in the same area and existing legislation are all factors that have to be taken into consideration when determining the similar rent. RERA is to set out criteria to determine the rent increase rates in the Emirate, in accordance with the general economic conditions therein.
Any dispute regarding the rent of leased premises is to be referred to the committee as the jurisdiction of the committee includes all such disputes.
Upon the expiry of the tenancy contract, it is to be renewed for a similar period and during the renewal the landlord may amend the contractual terms. He may review the rent which he may either maintain at the same rental amount or he may increase or decrease it. The rent so increased or decreased would be valid for the period of the tenancy contract. For the tenancy contract to continue to be in force it is essential that the tenant consents to the terms so amended by the landlord, if the parties do not reach an agreement, the Committee may decide a fair rent. If either party to the tenancy contract wishes to amend any of its conditions then he must notify the same to the other party not less than 90 days prior to expiry date but this condition may be nullified by agreement of the landlord and the tenant.
The law also sets a ceiling limit to the increase in the rent by the landlord so that landlords do not take advantage of the vulnerable position of tenants and exploit them by unreasonable increases in the rent rates. Also the rent may not be increased during a tenancy contract. It can be increased only after the expiry of the previous contract, and therefore the rent is to remain for a period of one year starting from the commencement of the tenancy contract.
Further the Dubai Decree No. 62 of 2009 concerning rental prices in the emirate of Dubai has fixed the maximum increase in the rents of properties in the Emirate of Dubai according to the average rent of properties in the same area and the percentage of the difference between the average rent and the present rent. Thus depending on the difference the increase may be up to the following limit:
i. zero increase of rent in the case the rent is up to 25% less than the average rent of properties of similar specifications;
ii. 5% of the applicable rent in the case the rent is 26% to 35% less than the average rent of properties of similar specifications;
iii. 10% of the applicable rent in case the rent is 36% to 45% less than the average rent of properties of similar specifications;
iv. 15% of the applicable rent in case the rent is 46% to 55% less than the average rent of properties of similar specifications; and
v. 20% of the applicable rent in case the rent is over 55% less than the average rent of properties of similar specifications.
Apart from this the government of Dubai has provided us with an online rental increase calculator on the following website: http://www.dubailand.gov.ae/english/Tanzeem/Rentals/Rental_Increase_Calculator.aspx
The above mentioned website of the government provides for a service to calculate increase percentages in order to obtain rental values in certain areas as a guiding tool. All that the user has to do to use this service is to select the calculator from the website and enter the required details and then he/she shall be provided with the increase cap and average rental for the requested area and unit.
Tips on avoiding an illegal rent hike:
1. Make sure that the landlord has given a notice in writing to you of the proposed rental increase not less than 90 days before the end of tenancy contract.
2. Check that the amount of the increase accords with the RERA rent calculator for your property.
3. If you cannot reach an agreement with your landlord on the amount of the rent increase make an application to the Rent Committee.
Friday, 10 January 2014
Serious Car Accident
Whose Fault Is It? Determining Liabilty in a Serious Car Accident
In the first few moments after a serious car accident, you may
not be thinking very clearly. Not being capable of rational thought is
difficult. Trying to assess the situation and determine injuries and
damages can be overwhelming. If you have suffered injuries, you must
first and foremost seek immediate medical treatment. However, if you
have not received injuries which need emergency treatment, doing a few
things at the accident site can be a great help in determining
liability.
If you are able, make a note of details such as the date, and time of the car accident. Also give details of any weather conditions which may have contributed to the incident, as well as road conditions. Were there any witnesses? Get their names and contact info if possible. Write down as complete a description as you can recall about the details and what lead up to the motor vehicle accident. You may even want to draw a picture of how the accident happened.
It's also a good idea to snap a few pictures at the accident scene. Were there any skid marks, showing you tried to avert the accident? Be sure to include both your car and the other vehicle involved as well. It is also a good idea to document damage to any personal property which was in the car.
Make sure to note if the other driver was somehow distracted ( talking on the phone, texting) or involved in anything illegal. Did he or she make an illegal turn, or drift into your lane? It is helpful if a witness can corroborate your statement. Filing a police report can be very helpful. Even in a small accident, you should always attempt to have a police report filed.
Obtaining a good personal injury claim lawyer is the next step in establishing liability in your motor vehicle accident claim. Your personal injury attorney will conduct an investigation into the vehicle accident, and assist you in determining the personal injury claim value of your case. Insurance companies want to defend their clients against a big claim, and will often try to dispute the claim. Another insurance company trick is to offer to split liability, claiming you are partially at fault for the car crash. While this is sometimes the case, if you are confident that it is not the situation in your particular case, be prepared to fight for your rights. Your auto accident attorney will present all of the evidence you have gathered to make your case. Establishing liability is the first step in reaching an acceptable personal injury claim settlement.
If you are able, make a note of details such as the date, and time of the car accident. Also give details of any weather conditions which may have contributed to the incident, as well as road conditions. Were there any witnesses? Get their names and contact info if possible. Write down as complete a description as you can recall about the details and what lead up to the motor vehicle accident. You may even want to draw a picture of how the accident happened.
It's also a good idea to snap a few pictures at the accident scene. Were there any skid marks, showing you tried to avert the accident? Be sure to include both your car and the other vehicle involved as well. It is also a good idea to document damage to any personal property which was in the car.
Make sure to note if the other driver was somehow distracted ( talking on the phone, texting) or involved in anything illegal. Did he or she make an illegal turn, or drift into your lane? It is helpful if a witness can corroborate your statement. Filing a police report can be very helpful. Even in a small accident, you should always attempt to have a police report filed.
Obtaining a good personal injury claim lawyer is the next step in establishing liability in your motor vehicle accident claim. Your personal injury attorney will conduct an investigation into the vehicle accident, and assist you in determining the personal injury claim value of your case. Insurance companies want to defend their clients against a big claim, and will often try to dispute the claim. Another insurance company trick is to offer to split liability, claiming you are partially at fault for the car crash. While this is sometimes the case, if you are confident that it is not the situation in your particular case, be prepared to fight for your rights. Your auto accident attorney will present all of the evidence you have gathered to make your case. Establishing liability is the first step in reaching an acceptable personal injury claim settlement.
Contact The Law of Jeffrey S. Dawson today at 949/861-2191 for a
free consultation to discuss your car accident case. Jeff Dawson is a
uniquely qualified personal injury lawyer. He has worked on the other
side, as well - for the insurance firms, and knows how they think. If
you have been involved in a serious car accident, contact the law
offices of Jeffrey S. Dawson to discuss your potential motor vehicle
accident lawsuit settlement.
Article Source: EzineArticles.com/8127888
Reason For Increase In Road Accident Claims
Broken Or Slick Pavement - The Greatest Reason For Increase In Road Accident Claims
A road accident, car accident, motor vehicle accident, cycle
accident or a motorcycle accident includes a broad range of accidents
that may occur when one automobile collides with the other vehicle,
pedestrian, animal, tree, broken pavements, pothole, utility pole or any
other movable or fixed object that may or may not unexpectedly appear
on the road. As a result of such incidents, a person can suffer an
injury in the form of face, chest, whiplash, leg, knee, or any other
damages that can occasionally lead to disability or death depending upon
its severity. During the accident, a person can also suffer the damages
in terms of property or a vehicle. These days, it has been noticed that
the road traffic accidents are increasing at the horrific rate. Both
the developing as well as the developed countries are also encountering
these calamities. The authorities and management are presently taking
important steps to reduce those fatalities.
How Broken Or Slick Pavements Can Increase Road Accidents
It has been observed that the broken or slick pavement is of the biggest reason of road accidents. It is the responsibility of the Government to make the roads, highways, footpaths and pathways clearer and safer for the motorists so that the drivers or the local people do not feel any hazard(s). In case if the person gets an injury due to the following reasons, he/she can also make public liability claims. Following types of broken or slick pavements can increase road accidents:
Usually, the broken or slick pavements only create minor injuries rather than the severe damages. However, there are certain injuries that can lead to the disability or death depending upon its severity. Among the most infrequent injuries that people can face due to the broken or slick pavements as well as slipping, tripping or falling are the broken bones, sprains, deep scratches or cuts, concussion and many more. The minor injuries mostly include the whiplash injury, leg and knee injury in the form of fracture, stretching of leg muscles or dislocation of the joints.
How Broken Or Slick Pavements Can Increase Road Accidents
It has been observed that the broken or slick pavement is of the biggest reason of road accidents. It is the responsibility of the Government to make the roads, highways, footpaths and pathways clearer and safer for the motorists so that the drivers or the local people do not feel any hazard(s). In case if the person gets an injury due to the following reasons, he/she can also make public liability claims. Following types of broken or slick pavements can increase road accidents:
- Water was standing on the road when the car slipped due to its speed and sudden brakes.
- Asymmetry or defective concrete slab on the road or pathway due to which the car or a person suddenly hits.
- Invisible ice due to which the person or the car gets slipped on the road.
- Pothole or depression at the surface of the road or pavement due to which the car hit or the person slipped, tripped or fall.
Usually, the broken or slick pavements only create minor injuries rather than the severe damages. However, there are certain injuries that can lead to the disability or death depending upon its severity. Among the most infrequent injuries that people can face due to the broken or slick pavements as well as slipping, tripping or falling are the broken bones, sprains, deep scratches or cuts, concussion and many more. The minor injuries mostly include the whiplash injury, leg and knee injury in the form of fracture, stretching of leg muscles or dislocation of the joints.
Normally, the injuries caused by the road accidents or road
traffic incidents require appropriate medical care and sometimes surgery
or reconstruction of any body part. Because of this, a person wants to
make either the road accident claims or road traffic accident claims.
Majority of the law firms provides these opportunities to the people
for making the claim in order to assist them in continuing their medical
check up, surgery or reconstruction if required and to live a life if
he/she is unable to perform the tasks for the specific time.
Subscribe to:
Posts (Atom)