Oklahoma Attorney

Trustee Fees: How Much is Enough and How Much is Too Much?

noreply@blogger.com (Unknown) — Mon, 27 Sep 2010 14:16:00 +0000

I am often amused by the ads and offers I see concerning
living trusts.

Almost always, one of the big sales pitches is how a living
trust will save th*usands of doll*rs in "nasty" probate fees.

This leads the consumer to believe that you pay for probate,
but living trusts are "fr*e." (that is, after you've paid the
promoter to set one up for you).

Not so.

Here's an email I received from one of my subscribers
(she has given me permission to discuss her question in this
article):

Hi Phil,
My mom passed away recently and my sister is 1st trustee.
She claims she gets 10% of my mom's estate as 1st trustee.
Is this true? What is the normal fee for 1st trustee?

Great question. Often one of the biggest, if not the biggest,
areas of dispute between children or heirs after a death occurs.

What is a trustee fee? How is it calculated? Are there other
fees?

If you have a trust and don't know the answer to these questions,
I think the proper thought is "Uh-ohh!"

OK, let's have a quick review of trustee fees.

First let's make a distinction between the times a trustee may
be called upon to act.

Remember, one of the best uses of a trust is to manage the
assets of someone who is incapacitated. My best friend and
his sister have been managing their mother's affairs (as
trustees) for the last 10 years. Mom is 95, in decent physical
health, but has advanced Alzheimer's).

Let's save the discussion of trustees fees charged for
managing an incompetent's estate for a future article. Let's
get down to answering the above question.

Here it is again:

Hi Phil,
My mom passed away recently and my sister is 1st trustee.
She claims she gets 10% of my mom's estate as 1st trustee.
Is this true? What is the normal fee for 1st trustee?

Basically, the question is "How much can a trustee charge to
handle an estate after a death?"

How do we answer this?

First, we have to look at the trust instrument.

Most competently drawn trust instruments will have a section
that deals with trustee fees.

The better ones are fairly specific and make a distinction
between acting as trustee while the beneficiary is alive, but
incompetent, and acting as trustee after a death has occurred
(similar actions to what an executor performs through a probate).

So, first, we look to the trust instrument. Often it will specify
a fee. Sometimes it will say .75% to 1.25% of the total value
of the assets being managed and transferred (since this is the
typical fee charged by the professional trust companies run by
many banks).

In fact, let's see what California law tells us about trustee fees
(every state will have a statute, go to your county law library
and ask the law librarian to help you look it up).

In California, the law of living trusts is contained in the
Probate Code. Here is what Probate Code Sections 15680-82 tells us:

15680. (a) Subject to subdivision (b), if the trust instrument
provides for the trustee's compensation, the trustee is entitled
to be compensated in accordance with the trust instrument.

(b) Upon proper showing, the court may fix or allow greater
or lesser compensation than could be allowed under the terms of the
trust in any of the following circumstances:

(1) Where the duties of the trustee are substantially
different from those contemplated when the trust was created.

(2) Where the compensation in accordance with the terms
of the trust would be inequitable or unreasonably low or high.

(3) In extraordinary circumstances calling for equitable
relief.

(c) An order fixing or allowing greater or lesser compensation
under subdivision (b) applies only prospectively to actions taken in
administration of the trust after the order is made.

15681. If the trust instrument does not specify the trustee's
compensation, the trustee is entitled to reasonable compensation
under the circumstances.

So to answer the question, we have to find out what the trust
instrument says. If it is silent, then Section 15681 tells us the
compensation is to be "reasonable compensation under the
circumstances."

What is reasonable under the circumstances? If it were me,
I would gather up the brochures of the various bank trust
departments in the area to determine their rates. Where I
live, the fee is .75% to 1.20%, depending on the size of the
trust and the type of assets. The minimum is $5,000.

So, it looks like the answer to the question is that if the
trust instrument says the 1st trustee is entitled to 10%
compensation, then she may be. However, if it doesn't then the
amount to be charged must be reasonable.

And, even if the trust instrument said 10%, I would seriously
consider asking a court to change the compensation per
15680 (b) (2) that allows the court to change compensation
"Where the compensation in accordance with the terms of the trust
would be inequitable or unreasonably low or high."

This article needs to be continued since we haven't even
touched on the big m*ney m*ker for trustees and attorneys,
"extraordinary fees."

Good luck and until next time,

Phil Craig

P.S. Feel free to forward this on to any friends.

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http://www.LivingTrustSecrets.com

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Probating a Will

noreply@blogger.com (Unknown) — Sun, 26 Sep 2010 14:00:00 +0000

A probate is, in very simple terms, a court certification that the will is valid. Probating a will is not always necessary, but it almost always is for more complicated wills. It is a good rule of thumb to probate a will, as it can help avoid speed bumps later on in administrating the estate and following the instructions of the will.

One of the main reasons people probate a will is if they have to interact with financial institutions. If all your money is in a bank when you die, it is unlikely the bank will hand over the money to someone who claims to be the executor of the estate, as if this person was not supposed to get the money the bank can be held liable. However, if the will has been probated then the financial institution cannot be found liable. And we all know how cautious banks are about liability, especially in today's global recession. You also have to probate a will if you are dealing with real estate or stocks in companies.

Therefore, in reality, if the will is not probated the deceased's assets are basically all frozen.

So how come it isn't always necessary to probate a will? Well, in some cases the executor of the estate already has access to all of the deceased's assets. The common case of this is when the spouse of the executor of the estate. The spouse would presumably have access to all bank accounts and finances, and because of this the will would not need to be probated.

If all the i's are dotted, and the t's crossed, then usually it takes a couple of weeks for a will to be probated once the documentation is filed. But filing out all the papers can take quite a while. It varies from jurisdiction to jurisdiction, but sometimes the papers can take weeks to fill out as it might require lists of all of the deceased's assets, and the value of the assets.

There are taxes on probating a will too! In Canada, probate taxes can be as high as 1.5% of the assets distributed through the will! The probate tax in Connecticut can be up to $12,500.

Reducing probate tax is a part of an estate plan, but it shouldn't be the main part. There's only so much you can do, so don't get carried away. A lot of schemes to reduce probate tax can end up causing trouble while you're still alive, like naming family members of beneficiary in the will as joint owners of property. That might sound like a good idea, but what if the new joint owner has some credit problems? Now the creditors can go after your property!

What you can do to avoid probate taxes varies a lot depending where you are, and if you believe probate taxes are a big issue you should talk to a professional.

So now you know what a probate is, and what it's for, but how do you actually probate a will? Well, just like everything else with probates it varies from place to place. Wherever you live there is probably a "probate kit" which will help you file the necessary documentation, and will cost you around $100. There are usually probate offices or surrogate courts, and if all else fails and you don't know where to turn to, talk to the lawyer who drafted the will.

Probating a will might have some costs associated with it, but a lot of the time it's necessary. If you don't know if it's necessary or not, talk to a lawyer or the probate office.

Criminal Records Search Through Public Police Records

noreply@blogger.com (Unknown) — Sat, 25 Sep 2010 13:45:00 +0000

We tend to just passively enjoy the conveniences and services rendered by the Police. Actually, we can greatly benefit from their Public Police Records if we were more proactive. It's easy to search public police records and if we do that any time we are uneasy about someone, there's no doubt that a great many crooks would have been spotted long before they could strike.

Police are renowned for their record keeping. It is standard police procedure to put into records all interaction with the public and it is estimated that 30% of all Americans will have some form of police records in their lifetime. Public Police Records are not limited to just criminal violations either. They include administrative and other civil matters such as address change, firearms permit, household accidents and so forth.

Public Police Records are governed by state laws. Hence, there are variations in the way they are administered. The general practice though is that the direct ownership of this function comes under the respective police departments. That being said, these records are uploaded onto the respective central repositories of each of the states.

Being public records, anyone has the right to access, view and make use of anybody's Public Police Records as long as rules and regulations are observed. They are obtainable directly from the local police department if the exact residence of the subject is known. If not, they can still be requested from other state agencies responsible and authorized for it.

To some extent, Public Police Records are already in routine use, at least in official circles. It is commonly used in large corporations in appraising and screening both potential and existing employees. It's also a standard procedure with many voluntary welfare organizations to run through Criminal Records Search in the assessment of their volunteers. Without doubt, they can be just as handy in private use.

Providing Public Police Records is a public service and is usually granted free of charge. Administration fees are charged at some public offices for this purpose but the amounts are typically nominal. Free Public Police Records can be requested by mail, walk-in, telephone, fax or most popularly nowadays, online over the internet from the various government offices or even some private websites offering it as a fringe service.

The problem with Free Public Police Records is that they normally entail queuing and waiting time. That's why the paid-version from commercial records providers is popular when time is of the essence and plug-and-play readiness of the records is sought. The information industry is fiercely competitive so with a little shopping, it's not difficult to find good value for money.

Sample Living Trust - Should You Use One

noreply@blogger.com (Unknown) — Fri, 24 Sep 2010 13:30:00 +0000

In my estate planning law practice I get asked all the time if it is ok to use a sample living trust from the internet. My answer is maybe. If your total estate tax net worth value is less than the estate tax threshold amount then you can do it yourself.

To calculate your net worth estate tax value, add the value from the following assets:

real property;
financial assets;
personal property; and
death benefits on life insurance you own on your life.

The threshold amount for federal estate tax is $3,500,000.00. In addition approximately 19 estates have an estate tax threshold that ranges from $1,000,000.00 up to the federal amount. If you are below these amounts and are willing to take the time to learn what each section of the trust means then you can and should draft your own document from an internet sample living trust.

Please be aware though that many samples on the internet are just that, samples. They fit a small population. If you fit within that box, then you will probably be fine. If your situation is a little different then the sample living trust you are working from may not be the right option.

You should look for a product that gives you information and options and was created by an attorney. Look for products that teach you about the trust. Once you understand what makes up the trust document, you will be able to put it together to fit your individual facts and circumstances.

You also want a sample living trust product that gives you all of the supporting documents along with detailed information on how to fund the trust.

Going with a sample living trust can save you thousands of dollars in attorney fees but you need to take the time to understand which product is best.

Life After DUI - Get Back to Your Normal Life!

noreply@blogger.com (Unknown) — Thu, 23 Sep 2010 13:15:00 +0000

You may be wondering what your life will be like after a DUI conviction (in US). Once convicted, a DUI on your record can greatly affect your life. Your DUI conviction record will significantly impact your future employment opportunities, auto insurance rates and driving privileges. The worst part is that the DUI will stay on your record and continues to affect all aspects of your life for at least ten years. A ten years time can make a very big difference in your life but with a DUI on your record, it can become a roadblock that stops you to move on with your life!

As I mentioned above, a DUI conviction will affect you in the following areas: future employment opportunities, auto insurance rates and driving privileges. Now let's see how it affects you in each area.

1. Employment - How a DUI affects your future employment opportunities?

Majority of jobs these days perform a background check. So you cannot hide your conviction to your potential employers. Due to this, you may find difficulty getting a job for a position that you may be highly qualified for. As a result you may lose your monthly income and despite that you are required to pay all the court fines and fees.

2. Auto Insurance - How a DUI affects your Auto Insurance?

A DUI conviction can cause your auto insurance rates to sky rocket. Sometimes your insurance company may even drop you due to your DUI violation.

3. Driving Privileges - How a DUI affects your driving privileges?

Depending on your state, your drivers license may be immediately suspended after arrest or you are required to argue your case before your license is suspended. Remember that the DMV hearing, which is known as "administrative per se" hearing, is different from your DUI court proceedings.

Get back to your normal life:

Knowing all the distress a DUI conviction can cause in your crucial areas of life, what you can do to return to your normal life?

Regarding your employment opportunity after a DUI conviction, the best option available to you is to expunge your DUI record. Once expunged you do not have to disclose your conviction on a job application. Also, you will come out clean in background checks conducted by your employers, landlords or anyone. It's like your DUI never happened. You will have no problem getting a job now. However, you must disclose your conviction to certain employers like educational institution, law enforcement agency etc.

Besides, expunging your DUI conviction record can be helpful in getting re-licensed.

As with an auto insurance rates, it all depends on your state and your auto insurance company. Mostly, you are required to pay high price for at least three years and then your rates will return to normal.

So getting back on track after a DUI conviction is possible when you know what to do and take right action.

Rollover Accidents Among the Deadliest in US

noreply@blogger.com (Unknown) — Wed, 22 Sep 2010 13:00:00 +0000

One of the most dangerous accidents that could happen on the road are rollover accidents. These mostly happen to SUVs because they are heavier, considering that they have higher centers of gravity compared to other vehicles. These vehicles are top heavy, and manufacturer now no longer include roll bars on the vehicles. You can simply imagine the weight of the vehicle, and how fragile the passengers are if it starts rolling over.

Usually, the injuries sustained by victims of these accidents are close to fatal, and oftentimes, even result to death. In fact, rollover accidents statistics last year would tell you that of all fatalities that came from vehicle accidents, 82% of it were brought about by rollover accidents. This clearly shows that the risk associated with such type of vehicle is much higher compared to low vehicles like sedans.

When you are on the road, it cannot be denied however that you don't have any control on the other vehicles in the area. All you can do is to take the necessary precautions, so as not to get involved in an injury. However, since through sheer negligence drivers of other vehicles like SUVs were drunk or just simply wouldn't like to notice, they would just go on and drive without any care for the world. And, before they know it, they already got involved in an accident.

Of course, drivers of rollover accidents also sustain some injuries, however, the innocent ones or victims are those that suffer the most since they are often bystanders, or those people who are simply doing nothing at the sides, yet figured in a rollover accidents. Some of these injuries are broken bones, loss of limbs, brain injury, paralysis, and oftentimes death. This is because when the SUV starts rolling over, glass, and other parts of the vehicle are most likely to get broken and hurt the passengers. The roof and the sidings can collapse on the passengers as well if ever that a rollover accident occurs.

When this happens to you, it is always imperative that you file the rollover accident lawsuit at the earliest time; if it could be possible that you file it a month after the accident, or perhaps 2 or 3 months after. The important thing is that you file it within 2 years from the time that the accident occurred. If you file it after two years, the judge may dismiss your case since it has already lapsed the statute of limitations. Although there is no one who would stop you even if you do file after the statute of limitations has already lapsed, you just need to be ready in case the judge will dismiss it.

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

noreply@blogger.com (Unknown) — Tue, 21 Sep 2010 12:45:00 +0000

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

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

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

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

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

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

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

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

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

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

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

Assault May Mean Different Things

noreply@blogger.com (Unknown) — Sun, 19 Sep 2010 12:15:00 +0000

Each case that carries a charge of assault will be different depending on the facts of the case. So before you contact a lawyer to assist you with your case, make sure you know specifically what you are charged with. Knowing this will make your lawyer's job a lot easier. For instance, depending on how the case is charged, the penalties may have a wide range of time in jail attached to them.

It's safe to say that, technically speaking, assault is a crime against a person or persons. Yes, this is pretty vague, but once the case gets to court, the judge will usually expand the definition so the jury (if there is a jury trial) understands the case at bar. For instance, if the charge is assault (bodily contact) of a person without their consent, this is assault. However, having said that, any violent act towards another individual without consent (the defining element) is also assault.

Often the terms assault and battery are partnered up, however, more often than not, battery is really a different kind of assault in a category on its own. In order to distinguish the differences as it pertains to what you are charged with, it's wise to speak to a highly skilled criminal defense attorney. Give your attorney all the details, holding nothing back, and let them outline what options you may have for the charges you're facing.

Having a highly skilled criminal defense attorney on your side is a good thing and it may mean a mitigated sentence. Once the attorney has the details of your charges they may be able to offer several options for handling your case - get the charges dropped, reduced, thrown out of court or possibly negotiated into an alternative justice program. The choices of course are ultimately yours once you have consulted with your attorney.

Best DUI Lawyers - Why Did You Drink and Drive? Getting Out of it is Possible!

noreply@blogger.com (Unknown) — Sat, 18 Sep 2010 12:00:00 +0000

You have probably asked yourself a thousand times since you got pulled over, why did I drink and drive? You are probably wondering what you are facing and how this is going to effect your life, your family, your job, and everything else that you are used to. There are some serious penalties that go with drinking and driving and you need one of the best DUIlawyers.

You should start by understanding that the penalties for drinking and driving are different in every state, but can include license suspension, jail time, probation, having a BAC meter put on your car, having to take a pill that will not allow you to drink, and many other things. The one thing you will have is a nice big fine that will have to be paid and this will cost you some money.

This is why you really need one of the best DUI lawyers and you need them now. They can help you either get out of the DUI all together or at least help get you closer to the minimum penalties that are available for you so that you can get your license back sooner and get less time in jail or on probation. The best dui lawyers will get you the deal that is best for you.

You are probably scared and worried that if you don't get the right lawyer you could end up in jail and you could lose your job, your reputation, and possibly your family. This is why you need to continue your research online and find that right lawyer that can protect you from losing your life because you decided to drink and drive and you got caught.

Assault & Battery - Criminal Law

noreply@blogger.com (Unknown) — Fri, 17 Sep 2010 11:46:00 +0000

Each year there are over 800,000 assaults reported to local law enforcement agencies. Assault is typically defined as trying to strike an individual when the individual is aware of the danger being presented. A 'felonious' assault is an attack, or attempt to attack, through force, in order to cause physical injury to an individual. Even if the individual doesn't get hurt, but a weapon is involved, then it still falls under the category of a felony.

Assault & Battery is an incident where actual contact was made and resulted in the need for medical treatment. This is also a felony. The consequences of an assault crime can be imprisonment, probation, fines, anger management classes and more. The punishment usually has to do with the circumstances of the situation and the background of the offender. If the offender has a prior history of assault these punishments will most likely be inflated.

Not every instance of an assault crime is straight forward and clear-cut. For instance, an assault may have been committed due to self-defense or defending another person or property. This is why it is so important to hire a professional assault attorney. A qualified attorney will be able to complete an extensive investigation and use their professional expertise to help dismiss or minimize the sentence.

Assault & Battery - Criminal Law

Cheap DUI Lawyers - Getting the Maximum Or the Minimum May Come Down to Your Lawyer!

noreply@blogger.com (Unknown) — Thu, 16 Sep 2010 11:30:00 +0000

Are you in trouble because you had a few too many and decided to drive? Really what it comes down to is you actually got caught unlike the other 50 drunk drivers on the road with you. There are ways to deal with this situation and ways not to deal with it. Sometimes getting the cheap DUI lawyers is not the answer.

You are going to be facing some very serious penalties and you could end up with some problems with your life if you are unable to resolve this in a way that benefits you as much as possible. You need the best possible deal and that is why sometimes you have to spend a little on your attorney to get that deal.

The cheap DUI lawyers are not always bad, but they are not always the best. This does not mean you need to spend a ton on a lawyer, but if you go with one of the cheap DUI lawyers you might not get anything for your money. It is important that you choose your attorney wisely and get one with a good reputation for getting others a good deal.

If you are to go to court with a lawyer that does not have a good reputation for getting those that he or she works for a good deal, then you might as well go without because you will get the standard penalties for that area. This could include jail time, community service, fines like crazy, and much more. You will not be happy with a bad lawyer.

Oklahoma Computer Crimes Act - Felonies and Misdemeanors

noreply@blogger.com (Unknown) — Wed, 15 Sep 2010 11:15:00 +0000

The words "computer crime" generally conjures one of two ideas: high-tech espionage or child pornography. However, in Oklahoma these take on a much broader approach. From online solicitation of a minor and other internet sex crimes to hacking and fraud, these crimes in Oklahoma are clearly defined by the Oklahoma Computer Crimes Act (21 O.S. 1951 et. seq.). Section 1953 of the Oklahoma Statutes deems the following to be criminal offenses: (partial list)

1. Willfully, and without authorization, gain or attempt to gain access to and damage, modify, alter, delete, destroy, copy, make use of, disclose or take possession of a computer, network or any other property;

2. Use a computer or any other property as defined for the purpose of devising or executing a scheme or artifice with the intent to defraud, deceive, extort or for the purpose of controlling or obtaining money, property, services or other thing of value by means of a false or fraudulent pretense or representation;

3. Willfully exceed the limits of authorization and damage, modify, alter, destroy, copy, delete, disclose or take possession of a computer, computer system, computer network or any other property;

4. Willfully and without authorization, gain or attempt to gain access to a computer, computer system, computer network or any other property;

Under the Oklahoma law, some of these crimes are misdemeanor offenses, but most of the offenses are felonies. Misdemeanors include:

• Accessing a computer or network without authorization
• Using or allowing the use of a computer service without authorization
• Using a computer, computer system, or computer network to abuse, threaten, or harass another individual

The six remaining crimes are felonies. Some specific examples of CPU crime include internet fraud; computer sexual exploitation; copyright piracy (illegally downloading music, for example); hacking; and development and distribution of viruses, worms, bots, spyware, and malware.

Along with the increasing access to computers and the internet comes increased responsibility for ethical use of technology. By abusing the privileges of technology through internet sex crimes and other computer crimes, one risks the consequences of conviction. Conviction of a misdemeanor computer crime in Oklahoma is can result in a maximum sentence of 30 days in jail and up to $5,000 in fines. Oklahoma computer crime felonies are punishable by fines of $5,000 to $100,000 and a maximum prison sentence of ten years. Additionally those convicted are also subject to civil lawsuits as well as criminal charges.

Protect Your Rights If You Have Experienced a Personal Injury

noreply@blogger.com (Unknown) — Tue, 14 Sep 2010 11:00:00 +0000

If you or your loved ones have suffered from a personal injury due to some else's negligence, then you can definitely assert your right to damage compensation claim. The first step that you should do, however, is to consult a competent personal injury lawyer for him to review the details of the accident. The legal representation of a lawyer will determine the maximum financial compensation you can rightfully claim as a result of the tragic accident.

With a personal injury lawyer, you can be assured that the minute details pertaining to your case will be properly handled. He will carefully study the information you provided, take into consideration the necessary details to file, and what exactly is your legal entitlement under the various injury statutes and laws. These are benefits and advantages that for sure wouldn't be available to you once you decide to just take care of your personal injury case on your own.

When you contemplate on hiring a lawyer specializing in personal injury, there are probably a lot of questions you want to be answered right then and there. Questions such as whether getting the services of a lawyer is a hard thing to do, where and how to find a lawyer who is reliable, competent, and trustworthy as well as has a track record of winning this type of case, or even how much will it cost you to hire his services may come up. Aside from word of mouth based on your family, friends, and colleagues' testament, you may want to also check reliable lawyer directory over the Internet.

Some of the most common injury cases that lawyers handle are those that involve injuries and damages as a result of vehicular or motor accidents, accidents caused by unintentional slipping and falling, accidents from construction sites and any work-related conditions, attacks from ferocious animals, and even medical malpractices. A competent lawyer specializing in this type of case understands the complexities of these situations and will help you cover all the bases of both legal and insurance matters.

It is a given that when pinpointing who exactly is at fault, there is a degree of difficulty in determining which party should be responsible. In this case, you need not worry as this will be handled appropriately by the lawyer of your choice. In a personal injury case that involves negligence, for instance, the personal injury lawyer will carefully study the harm caused by the accident and will relate that to the compensation claim matching the injury.

Criminal Law Lawyers - The Heavy Hitters of the Legal Profession

noreply@blogger.com (Unknown) — Mon, 13 Sep 2010 10:45:00 +0000

There are many cases in which criminal law lawyers are indispensable. If you are ever in need of legal defense in a civil or criminal case, or both, this is the type of counsel you will need to seek.

If you are not able to pay for a lawyer upon the time of your arrest, you will be appointed one through the state who will stand for you at your initial arraignment. This will not last throughout the duration of your legal battle, however, so you will need to find a way of retaining a criminal law lawyer of your own before your trial begins.

There are many resources available to you today along the lines of searching for a lawyer, but you will be required to pay a retainer fee before most lawyers will join in on your case and defend you in court.

Criminal law lawyers are experienced and up to speed on the laws and procedures regarding such instances as hit and run accidents, stalking, aiding and abetting, eluding and officer, murder, criminal trespass, and a great many other issues on both the civil and the criminal sides of the law.

There are very times when it is considered wise to attend court or to enter a plea without the assistance and advice of a lawyer.

This is because your rights are not protected properly. When you are charged with a crime, it is not only your job to know what you are being accused of, but what the prosecution has to be able to prove in order to have you convicted of the crime.

The burden of proof is on the prosecution, but depending upon the evidence, witnesses, and on what you say, this can be quite easy for them to achieve. Even being present at the scene of a crime can turn into a conviction for you if you are not protected by someone who knows your rights and how to protect them.

On the other side of crime, these specialists are quite helpful to the prosecution of both civil and criminal cases.

When you or a family member are the victim of a crime, there are many avenues that you may travel down in order to find the right lawyer for your case.

If yours is a case of felony wrongdoings against you, you will be offered the state prosecutor and will be in great hands. In civil matters, you will need to produce a retainer and pay for your own private criminal law lawyer.

Whatever your circumstances, criminal law lawyers deal with both sides of the law, both the defense and the prosecution.

In order to find the right attorney for your case, it is important that you interview each prospect well and get a good feel for their experience and reputation. If you are not comfortable with your attorney, this could cause issues with understanding and trust later on during the case, and both of these are crucial to your success in court.

Filing a Personal Injury Claim

noreply@blogger.com (Unknown) — Sun, 12 Sep 2010 10:30:00 +0000

When a person suffered a personal injury and he wants to file a compensation claim for his injuries, he usually needs to prove that he, indeed, suffered from mental or physical injury due to another party's negligence. Otherwise, the case won't be pushed through and will just be trashed by the court as one lacking with substance or merit. This is particularly true in most of the states and, for an inexperienced personal injury victim, it is vital that he seek the legal assistance of a lawyer specializing in personal injuries.

Most people think that lawyers specializing in personal injuries are one and the same and hence, can be sought for an injury case regardless of what state the client is. What they don't know is that there are differences between personal injury lawyers from state to state just as there are distinct injury laws governed in such states. One is then baffled as to which personal injury lawyer he will go to.

For instance, an injury lawyer is distinctly different from other injury lawyers in other states. This is because there are a lot of specific laws that only apply to certain states and a law specific only to certain cities that make that injury lawyer dissimilar from others. While a lawyer should be well-versed with the laws covering this kind of injuries in their own city, this does not mean that he need not be prepared with other laws of other states. It would be advantageous on his part if he reads on other state laws apart from the personal injury law of the city or state he is from.

When we say personal injury lawyer, perhaps some already have a clear picture of the person in mind. Many would picture a dignified man reading through a lot of law journals in a solitary room or perhaps a man in a courtroom with a booming voice while indignantly objecting the other party's assertions. This may very well be not far from the truth.

Typically, a lawyer specializing in this kind of cases does not usually go out and actively pursue cases from injured victims. The most commonly used method is to admit victims of this kind of injuries through law offices. It could also be through word of mouth, especially if past clients are very satisfied with the result of their compensation claim as represented by the law firm. The worldwide web has also seen a tremendous rise in assisting clients to look for the injury lawyer of their choice.

Criminal Records - Avoid the Red Tape and Check For Criminal Records Online

noreply@blogger.com (Unknown) — Sat, 11 Sep 2010 10:15:00 +0000

Crime is so prevalent in our society today and we only need to switch on the television or read the morning newspaper to be bombarded with crime news. It makes sense in our daily interaction with our community that we should be vigilant with people with criminal records, especially with the alarming recidivism rate in the United States.

According to James Henslin in his book entitled "Social Problems: A Down-To-Earth Approach." (2008), he found that the recidivism or re-offending rate in United States for prisoners released from prison within the first year is 44.1%. This rate escalates to a staggering figure of 67.5% within three years after the prisoners are released from prison. And the most disturbing aspect of his study shows that 67% of ex-convicts who were rearrested were charged with 750,000 new crimes of which over 100,000 of these crimes were classified as violent crimes, 2,871 were for murder and 2,444 for serious sex crimes.

These staggering results are of concern especially if you are an employer, parents, landlords or people sharing accommodation. As an employer you may not wish to employ a person who has criminal past especially one who has been convicted of violent crimes or rape. Parents with children definitely do not want a sexual predator or pedophile as their neighbor while landlords are always concerned about renting out their properties to tenants with previous conviction for fear that their properties will be used for illicit activities. And if you are getting a new housemate, you definitely do not want to share your home with a person with a shady past.

With high levels of ex-convicts re-offending, it is only prudent that you run a background check on people in circumstances mentioned earlier. However, running a background check may not be as easy as it sounds. You can try the Federal Bureau of Prisons' website which provides inmate locator service for a nominal fee and it is able to provide information of federal inmates incarcerated in the federal prisons since 1982. However, when using the inmate locater service, be aware that a person may have a record in the Federal Bureau of Prisons' database but never serve a sentence of incarceration. For instance, the person may have been detained during pre-trial but charges were later dismissed. For state and local inmates, you can check someone's criminal records from the public records departments at your local county but such search is only limited within each respective county or city. Criminal conviction records from a different county, city or state will not be available from your local public records departments.

Another hurdle faced when conducting a background check is that in certain states, you need the person's date of birth and social security number before you are permitted to perform a search. Whereas for employers, due to red tape and legislative restriction, an employer cannot check a person's criminal records unless permission is obtained from the potential employee.

How do you avoid the red tape or obstacles and check on someone's background. The solution is by using an online background check. There are a few companies that provide nationwide public records databases online in which you can conduct online criminal records check. Obviously you need some basic information of the person you're checking on. The accuracy and reliability of criminal records extracted from these databases depend on the basic information you input into the databases. If the name of the person you check reveals that he or she had a criminal record, do not jump to conclusion and make sure you double check the information to make sure that it is the right person.

What is a Wrongful Death Attorney?

noreply@blogger.com (Unknown) — Fri, 10 Sep 2010 10:00:00 +0000

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

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

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

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

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

Probable Cause In DWI Arrests

noreply@blogger.com (Unknown) — Thu, 09 Sep 2010 09:45:00 +0000

Driving home late one Saturday night, you glance in your rearview mirror and catch a glimpse of the dreaded red and blue flashing lights. The officer comes to your window and asks you to step out of the car. After some field sobriety tests, you're taken to the police station and charged with a DWI. You were out at a party, and your breathalyzer results are just over the legal limit of .08. Looks like case closed for you - right?

It's true; a large portion, even a majority of DWI-related arrests lead to a subsequent conviction in court. With so many laws requiring DWI suspects to submit to test after test, and wide use of breathalyzer devices despite fierce ongoing controversy over its reliability, it's little surprise that many people feel helpless when facing a DWI charge.

Unreasonable Search and Seizure - What it Means for DWI Arrests

The Fourth Amendment to the US Constitution states that: "The right of the people to be secure ... against unreasonable searches and seizures, shall not be violated ... but upon probable cause." This simple statement, in fact, is regarded as part of the highest law in the land, which means that it overrides and governs all other laws - including those associated with DWI. So, in short, despite having what appears like "ironclad" evidence in a DWI case, prosecutors cannot obtain a conviction if the initial arrest was made without probable cause.

The probable cause standard means that, in order to pull you over in the first place, a police officer must have a reasonable belief that you have or are committing a crime (driving while intoxicated). In court, a good DWI defense lawyer will question the presence of probable cause. Examples of valid probable cause include:

- Swerving erratically while driving

- Stopping abruptly for no reason

- Drifting between lanes

- Making excessively wide turns

- Driving at extremely high or low speeds

If the police officer cannot present solid justification that he had a good reason to pull you over, the violation of your Constitutional rights immediately voids any evidence against you resulting from the arrest, and your case is likely to be dismissed. For this reason, it is important that you try and note the following details during the arrest:

- Where you were going

- Your own level of intoxication (if any)

- What the police officer gave as the reason for the stop

- What the police officer asked you to do

No Personal Injury Lawyer in a Job Hunt

noreply@blogger.com (Unknown) — Wed, 08 Sep 2010 09:45:00 +0000

Job hunting is something that we all end up doing. Perhaps you've just had a baby, or been downsized, or got fired because of the personal injury case you filed against the guy who practically ran you over in the parking garage. So what if the guy just happened to be the CEO. The fact is, you haven't worked for a while now and need a job. When you are job hunting, there are a few do's and don'ts that act as general rules of thumb as far as things that you can do or avoid in order to nail the position. There are a number of websites providing job hunting or resume building tips that will get your foot in the door and a seat in front of an interviewer. The interview stage alone is a process that carries with it an entirely separate guidebook on things to say, things not to say and things to do, or things not to do. When you are job hunting and preparing for that next career move, keep in mind some of these pointers.

1. DO have a professional resume and cover letter. Again, there are all kinds of online tools and templates that can help you achieve this.

2. DON' T put impertinent information on your resume. The name of your personal injury lawyer on your cover letter looks really bad. Also, your interviewer is not interested in how you spend your leisure time. UNLESS you are seeking employment at a kitten orphanage.

3. DO be honest during the interview. If you have lost a job, be honest about it. Chances are if you aren't, your prospective employer will find out anyway. You don't need to mention the parking garage, just be honest about the fact that you've been let go previously.

4. DON'T relate unnecessary information to the interviewer. For example, if you are there because your settlement hasn't come through yet, and you need to pay for your professional injury lawyer, you may want to leave that out. When it comes to the "Why do you want to work here question?" say something about seeking new challenges or something to that effect. They love that.

5. DO be honest about your weaknesses if you are asked. Don't say that your personal injury case has left you with a bad back and you can't sit still for long periods of time. Say something that will make the interviewer reflect your weakness back on the position. "I'm a perfectionist!" works very well in this situation. This might be a good time to lie if you aren't a perfectionist.

6. DON'T mention the word lawyer at all; not unless you are applying to a LAW FIRM. Do not use the word lawyer. AT ALL.

7. DO come prepared with a conversation starter to make your interviewer warm up to you. Review #6 before you pick a topic however.

These are just a few general tips that can help you in the job market and pin down the position of your dreams. Don't worry, we've all been there. A good interviewer will definitely try to make you feel comfortable. Good luck!

What Makes A Good DUI Lawyer?

noreply@blogger.com (Unknown) — Tue, 07 Sep 2010 09:30:00 +0000

There are thousands of DUI lawyers out there. The question is this--how do you know if you have a good attorney who can give you a fighting chance of winning your case. A good lawyer minimizes on his or her mistakes while capitalizing on the mistakes of others. Let's look at the mistakes your lawyer must avoid and the mistakes they can benefit from.

Mistakes Your Attorney Should Avoid

You may think that all lawyers are pretty much the same. Think again. The same case tried by two different attorneys may have very different outcomes. An experienced attorney will find holes in the prosecution's case that an inexperienced attorney may completely overlook. The best advice is to get a lawyer who specializes in drunk driving cases instead of one who is simply capable of handling them. If you do get someone who isn't an expert, be sure they are getting the assistance of experts who understand the nuances of drunk driving laws.

That being said, here are some sure signs you need a new lawyer:

If your lawyer immediately looks at your case and recommends you plead guilty, this may be the sign of a poor lawyer. An experienced lawyer will go to the scene and make sure the conditions were appropriate for a sobriety test. The test must be performed in a specific fashion and many police officers perform the test incorrectly. Also, the machine could be improperly calibrated or simply out of date (in terms of certification). Your lawyer should be willing to dig deeper than surface evidence.

Also your attorney shouldn't try and paint the police officer as a liar. People don't want to hear that someone as trustworthy as a policeman is lying. It's better to simply prove that the officer made an honest mistake.

Your lawyer should also be willing to fully explain the consequences of entering a guilty plea. You could lose your car, your license, and be fined or thrown in jail. Furthermore, a conviction goes on your permanent record for all to see, not to mention it increases your insurance rates and limits your ability to travel overseas.

Mistakes Your Attorney Should Capitalize From

The arresting officer in your case may have made numerous mistakes which your attorney can use to tip a case in your favor. If an officer pulls you over on suspicion of DUI, they must have probable cause and be able to tell you what that cause is. If they perform the test where you must walk a straight line, they must do so on a non-slippery, level surface where the line is visible. If they make you stand on one leg, you're supposed to be less than 65 years old, no more than 50 pounds overweight, and have no medical condition which would prevent you from performing the test. Finally, you can not be detained for an unreasonable amount of time. Any of these mistakes can result in a dismissal or even a successful motion to suppress the evidence hearing.

Understanding Oklahoma Expungement Laws

noreply@blogger.com (Unknown) — Mon, 06 Sep 2010 09:15:00 +0000

The negative impact of criminal record can last far beyond the trial and sentencing. A history of arrest, criminal charges, and conviction carry a stigma that can make ordinary tasks-like being accepted into college or finding a good job-nearly impossible. Many people don't realize that arrest records are still available even if they were not convicted or if their sentences were deferred. In order to have those records cleared in Oklahoma, one needs to petition the court for an expungement.

An expungement is the legal process of having criminal records sealed from public view. In many counties in Oklahoma, a motion to expunge is filed in the criminal case; however, in Oklahoma County, a petition for expungement is filed in civil court. An Oklahoma expungement lawyer can help the client petition the appropriate court to have his or her record sealed.

Under Oklahoma law, there are two types of expungements. The most common type is Title 22 O.S. 991c of the Oklahoma Statutes. This type of expungement allows the sealing of one's court record after the completion of a deferred sentence following a plea of guilt or no contest. While this removes the defendant's name from the court docket and from public records, it does not completely eliminate his or her association with the charge. The criminal history remains on file with the Oklahoma State Bureau of Investigation (OSBI). A 991c expungement has no impact on the arrest record with the OSBI.

The second type of expungement is more desirable to those seeking to have their records cleared, but it is also more difficult to obtain. Title 22 O.S. 18 allows for not only the sealing of court records from public view, but also for the purging of arrest records, including those in the OSBI's criminal history records. In order to be eligible for a 18 expungement, the petitioner must meet one of ten criteria:

• The person has been acquitted.
• The conviction was reversed and the charge was dismissed.
• Factual innocence was proven through DNA evidence after the conviction.
• The person has received a full pardon from the Governor.
• No charges were filed after the arrest, or charges were dismissed within one year of arrest.
• The statute of limitations on the offense expired, and no charges were filed.
• The person was a juvenile (under 18 years old) at the time the offense was committed, and he or she has received a full pardon.
• The offense was a misdemeanor, and ten years have passed since judgment with no further misdemeanors or felony charges in the meantime.
• The offense was a nonviolent felony, the person has received a full pardon, and ten years have passed with no other felony or misdemeanor charges or convictions.
• The person was arrested or charged with a crime that was committed by someone else using that person's name or ID without consent.

Even if one qualifies under 991c or 18, an expungement is not guaranteed. The OSBI can object to an expungement if they feel that maintaining a public record of the criminal history serves the public interest more than it hinders the individual who is petitioning for expungement. For this reason, and to ensure proper petitioning procedures under Title 22 O.S. 19, it is important for anyone seeking to clear his or her arrest record or history of criminal charges and convictions to seek the assistance of an experienced Oklahoma expungement attorney with a proven record of helping clients successfully clean the slate. An expungement is an effective way of unburdening the past and allowing oneself to seek a brighter future.

Choosing a Capable Defense Attorney

noreply@blogger.com (Unknown) — Sun, 05 Sep 2010 09:00:00 +0000

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

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

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

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

Mechanic's Liens - Friday's Free Form - Notice of Intent to Lien - General Contractor

noreply@blogger.com (Unknown) — Sat, 04 Sep 2010 08:45:00 +0000

How many times have you been in this situation: You are owed money on a construction project and are thinking of filing a mechanic's lien. But you know that after filing it there will begin a serious dispute process, and probably involving the hiring of lawyers on each side. You would like to send a notice to the other side telling them that if it is not paid, more serious steps will be taken. Well, there is a form to be used in this situation. In my experience, this is a very popular form--so much so we would like to make it available to the construction industry.

This form below warns the owner that you will be filing a mechanic's lien if payment is not made within ten days. Hopefully, it will create a serious dialogue for settlement. Come up with your bottom line amount to settle and be prepared to offer it to the owner if he or she is negotiating in good faith. Remember that the last thing an owner wants is a lien on their property: it jeopardizes title, interferes with their relationship with the construction lender, and prevents refinancing or sale. This Notice is worded in a non-threatening manner so as to capitalize on this situation, with the owner knowing that you are required by law to file a lien within a set period of time or lose your lien rights.

WHO CAN USE THIS FORM? All persons, whether general contractor, subcontractor, or supplier.

HOW TO SERVE: There is no need to file this with the court or record with the recorder's office. It is simply served by mailing.

WHO TO SERVE: If you are a general contractor, serve the owner and construction lender. If you are a subcontractor or supplier, serve the owner, general, and construction lender.

HOW TO SERVE: Although not required, it is recommended for its effectiveness to be served by certified mail.

WHEN: Serve ten days before you file or record the mechanic's lien. Remember, it does not extend the time to file a mechanic's lien.

NOTARIZED? No.

COPIES: The original signed copies are served. Keep an extra copy for your records.

CERTIFICATE OF MAILING. Use a standard Proof of Service form. Sign this Proof (it is like a certificate of mailing) and staple it to the form so you have proof it was mailed to the various persons or entities.

MARGINS AND FONT. This is a Word document so use the following margins so it prints out properly: Top: 18 pt; Bottom: 22 pt; Left: 58 pt; Right: 58 pt. Type size is 12.

HOW TO USE? Cut and paste the form into a new Word document.

WHICH STATES?

Use this notice only in the following states: Alabama, Alaska, Arizona, Florida, Idaho, Indiana, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, and West Virginia.

As to California, you can use it until further notice. California is in the process of amending its mechanic's lien statutes which will require a specific notice. Check our web site for that new form.

SAMPLE FORM STARTS HERE

NOTICE OF INTENTION TO FILE A MECHANIC'S LIEN (General)
(This is not a Mechanic's Lien, nor a reflection on the credit of any contractor)

__________________________________________________________________________________
Via Certified Mail

TO OWNER:

_________________________________________________
(name(s))

________________________________________________
(address--no. and street)

________________________________________________
(address--city, state, zip)

FROM GENERAL CONTRACTOR:

_______________________________________________
(name(s))

_______________________________________________
(address--no. and street)

_______________________________________________
(address--city, state, zip)

______________________________________________
(fax/phone)

Please take notice that the undersigned lien claimant intends to file a Mechanic's Lien against your property if payment is not made for moneys owed as follows:

PROJECT NAME: __________________________________________________________________________________

PROPERTY SUBJECT TO LIEN (common street address or other description):
__________________________________________________________________________________

(1) General description of construction services furnished by Lien Claimant:
_________________________________________________________________________________
_________________________________________________________________________________
________________________________________________________________________________

(2) Amount due: Through _________ (date) is $ _____________ after just credits (total performed, with extras of $ ___________ , less payments of $ ____________ ). Unpaid invoice(s) attached. Attorney's fees and court costs will also be requested.

The above-described work was provided to your property, at your instance, by the Claimant. If payment is not made within ten days (10) of receipt of this demand, Claimant intends to file a Mechanic's Lien, without further notice. If you have any questions or wish to make payment arrangements, please call immediately to discuss.

Dated: _____________

_______________________________________________
(Signature and Title)

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

noreply@blogger.com (Unknown) — Fri, 03 Sep 2010 08:30:00 +0000

A DUI Attorney Can Help Your Case

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

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

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

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

Do I Really Need a DUI Lawyer?

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

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

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

How Do I Choose the Right DUI Lawyer?

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

Many attorneys offer no-obligation consultations.

Where Can I Find a DUI Attorney?

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

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

Cook County Criminal Defense Attorney Courts

noreply@blogger.com (Unknown) — Thu, 02 Sep 2010 08:15:00 +0000

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

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

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

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

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

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

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

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

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

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

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

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Cook County Criminal Defense Attorney Courts

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