Month: October 2018

Whenever someone commits a crime, all hell breaks loose. The person accused of committing it is taken into custody and prosecuted. Moreover, the prosecution is followed by a trial where the suspect is either declared guilty or acquitted of the crime. However, sometimes the trial can end at an intermediate stage where the person faces something called as ‘stay of charges’.

Photographs and fingerprints of the accused, who is detained by the police, are taken. Also, the complete mishap report is recorded by the police and entered into their database. Criminal charges are very serious and bail is generally granted for frivolous crimes.

Stay of charges/proceedings is defined as a phase where the judge or the lawyer puts the trial on hold. It is often confused with the acquittal of charges. Nevertheless, in the stay of proceedings, charges on the accused remain as such, until the trial is terminated.

Divisions of Stay

  • The Charter Stay is set into action when the judge/lawyers realize that the convict’s charter rights will be infringed upon if the proceedings continued.
  • The Crown Stay is set into motion when the judge and the lawyers collectively decide to pause the ongoing trial. There are multiple reasons that could result in such a decision.

Wrongful Apprehension

Charges on the accused may be dismissed if the judge realizes that he/she was wrongfully detained. Sometimes, stay of proceedings is ordered upon the accused due to the discrepancies observed in the testimony given by the witnesses during the trial. Witnesses are often intimidated by the proceedings and inevitably end up giving incorrect testimonies. In such cases, the lawyers appeal to the court to put a stay of charge on the accused so that they could buy some time to lead the proceedings in the right direction.

Moving ahead

When a stay order is put on the accused, he/she may have the liberty to return to their normal lives. They are temporarily cleared of all the criminal charges until the stay order is lifted. However, the legal procedures and details of the trials are specified in their records. When the trial is set into motion again, all prior criminal charges are restored and they are detained until the final verdict is announced. Throughout the stay order, no penalties or sentences are imposed on the accused.

Although the reputation of the individual is completely tarnished, it keeps them away from an actual record. Job opportunities, adoptions, and rentals get very limited for them due to these records. Just like a facility for record suspension is available in the case of criminal convictions, accused can apply for file destruction once they are vindicated of the stay order. File destruction destroys all the details of the arrest and trial records. This process is less severe as compared to that of record suspension and takes less time to execute. Although, the only criteria for this procedure is that the person applying for it should not be convicted again in the future.

To know more about the stay of proceedings/charges and the file destruction procedure, visit national pardon.org.

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None of us want to go through the day with the thought that someone could cause bodily harm to us at any moment. Whether you’re at the bank and are approached by someone with a weapon, or verbally or physically attacked by a drunk person at a bar, it is important to know how to press assault charges in order to move on from such incidents.

This process requires several specific steps to ensure that justice is served and that the assailant isn’t a threat to you anymore. This guide aims to help you become aware of how to press assault charges, as well as be and feel safe in the future.

Talk to Your Lawyer

Expert opinions are always necessary when it comes to recovering from an assault, both physically and mentally. If you become the victim of some sort of physical attack, then you’ll want to contact a lawyer as soon as possible. Professionals such as Preszler Law Nova Socita will be able to assist you and provide the health and financial benefits from pressing charges. This will be extremely helpful if you’ve never been assaulted before, as attorneys can share experiences of dealing with clients who were victims of similar situations.

You’ll need to remember as many details from the assault as possible if you want your lawyer to help you to the best of their ability. The location, time, and the incidents leading up to the assault will allow the attorney to find out what appropriate charges you should file to make the case simpler. The lawyer is able to determine if there are additional charges you can file, as well as how they should be filed so that you have an easier time in court.

File a Complaint

Once you clear things up with your lawyer, you’ll need to head over to the local police department and tell them that you want to file a complaint about being assaulted. It’s important to be specific about what you want out of the complaint, as the police will ask for certain details. This information will include your name and address, as well as that of the assailant. If you don’t have these details about the assailant, then you can provide what the person, or people, looked like and what they were wearing. The authorities will also need the date and time that it took place, in addition to the location.

Once the police have all of the necessary information, they will be able to provide copies of the report to the prosecutor, who will look through the information to see if there is enough data to prosecute the assailant. The judge will be able to issue a warrant for the assailant’s arrest as long as the information that the prosecutor is given is enough and factual. This process will also include further investigation on the police’s part to see if there is additional evidence of the incident.

Request an Order of Protection

If you feel that the initial charges aren’t enough to keep the assailant from trying to seek revenge against you, then you can obtain an order of protection from the court. This option comes in handy for just about any case of assault, whether you were attacked by a stranger or a victim of domestic abuse. The request serves as a restraining order that can keep you extra safe because the assailant will be arrested if they violate it. You can have the order keep the assailant from being within a certain distance from you, as well as being anywhere that you go to on a regular basis.

Orders of protection can be modified if other people were involved in the original assault or could be in the future because of their relationship to you, such as friends and children, parents, siblings and other relatives. Such scenarios allow you to file restrictions on visitation and “no contact” orders for domestic violence. The more details you provide on what precautions will make you feel safe, the easier it will be for the court to meet them.

Keep these steps in mind so that you can recover physically and emotionally from an assault and move on with your life.

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An investment property could be your ticket to financial freedom, and real estate is one of the best investments you can make. Renting is among the more popular forms of making money through a real estate investment.

“Landlords grow rich in their sleep without working, risking or economizing,” says John Stuart Mill, a political economist who made his fortune in real estate investments. The rent payment pays your mortgage, insurance, property taxes, and a little extra so you can bank a little extra cash each month. Meanwhile, tenants are paying your mortgage and building equity into the property so that when you sell it in the future, you make a pretty profit on your investment.

It’s important to research the market well before investing in a rental property. Landlords should also be aware of the following legal issues of rental property ownership.

Liability coverage

According to legislation, tenants have a right to live in a safe and habitable property. Essentially, this means that the landlord must keep the property in good condition and free from hazards. However, you might not always avoid accidents on your property, and that can lead to a personal injury suit against you.

For example, according to the Toronto personal injury firm, Preszler Law Firm, your city may mandate that you remove snow and ice from sidewalks on behalf of your residents. However, if you don’t remove the snow in a timely manner, your tenant may fall and break a hip. You can be held responsible in court for this accident because you didn’t keep up your end of the bargain.

Having adequate liability coverage is absolutely vital to protecting your investment. Network with real estate attorneys or legal consultants just in case you need legal advice or representation in this matter. Evaluate the liability coverage in your homeowner’s insurance policy as well. Some policies don’t cover renters, requiring you to take out an additional policy. Just make sure you’re fully covered so that you have the funds to pay for an accident and a potential lawsuit without losing your property.

Tenant contracts

Every time you accept a new renter, they sign a lease agreement or contract. This is a legally binding document that outlines both your responsibilities and those of the tenant. When writing this contract, it’s important to keep it airtight and accurate in order to protect your interests.

The most important thing is to make sure the law is well represented and that the writing is clear so that tenants don’t misinterpret the requirements. You can find rental contract templates online, but it’s better to have an attorney look it over before signing. That way, you know it’s strong and doesn’t contain obvious loopholes that could lead to trouble.

If you want your tenant to keep their end of the contract, be thorough with the tenant screening. Run a tenant credit check, background check, and ask for references when interviewing a new tenant. This will minimize the problems you have with them and help keep legal consequences out of it.

Discrimination laws

You have the right to deny a tenant application based on things like a bad background check or credit report. If references from past landlords turn up negative evidence, you may also deny their application. However, keep discrimination laws in mind. It’s illegal according to the Fair Housing Act to deny a tenant application based on certain discriminatory criteria such as race, ethnicity, religion, sex, sexual orientation, familial status, or disability.

It’s vital that you understand discriminatory laws to avoid breaking this law. The tenant has grounds to sue you if you don’t, and if their claim is valid, you’ll have a hard time winning. Put aside all biases when filling your rental units. You’re running a business, and you risk losing it if you don’t consider this and other legal issues that could potentially take your property away.

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A family is not just the father, mother, children and grandparents but a complex entity surrounded by different effects of nature or man-induced causes. A family thus, should not be seen merely as a gathering of related people with their friends, but one should understand the other hidden factors surrounding our families. Family laws exist to protect the family and ensure that everyone within the group enjoys certain rights and freedoms as written in the constitution of a state or country. Some of the common things that surround a family according to Sam Walker include divorce, child support, grandparent’s visitation, spousal support, and many other family related issues. We are going to dig deep into the family law to see its significant areas of focus.

  • Divorce

Divorce has become prevalent in modern culture. It may take any of these two forms, uncontested or contested divorce. An uncontested divorce requires disputing parties to agree on the matters to be dealt with, e.g., Child support, the division of property, child custody or spousal support. Things owned after marriage is considered community property whereas those held before are considered private. A contested divorce involves a hearing in the court and is usually done for advanced cases such as child support, the division of property, spousal support and child custody.

  • Child Custody and Support

In Los Angeles and Orange Counties, divorce can proceed with or without contested litigations. This process may lead to Child Custody and Child Support by either or both of the parents. Given that you sire a kid out of wedlock with the same man that marries you then you both become the child’s custodians. For a case where separation occurs after the wedding, then the mother is responsible for child parentage although the other partner may get involved too.                In Los Angeles and Orange County, it is possible to it is possible to get child support order which deviates from the Guideline Child Support Amount.

  • Spousal Support

Sometimes termed as alimony, spousal support is the fund that one of the separated spouses enjoys for maintenance purposes.  A case must be petitioned to receive the funding, in any of the Californian law courts where you can get a representative family law lawyer. Sam Walker is a well renowned Family Law Attorney in Los Angeles and Orange County who can represent you in a court case with a considerable impact on the outcome of the spousal support case. Having a lawyer to represent you makes the case considerate and prevents overreliance of one parent where both are high-income earners.

  • Business Valuation and Property Division

Property can either be communal or private depending on the mode and time of acquisition. After separation, it may difficult to start a new life, and there is a need to share the property. Sam Walker is an expert with offices in Los Angeles and Orange County who can help you in the valuation of the property to be shared and obtaining the property division order. It is crucial that you do the assessment given the order to divide the property to ensure that every item is shared with the current market value.

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When it comes to fiduciary duty, there are some main aspects to keep in mind. The relationship often involves a duty of care, loyalty, honesty, and trust. An expert witness should adhere to these obligations to the latter. Contrary to that, it may lead to a breach of fiduciary duty in which case the client has all the right to bring up a suit.

Sometimes, when there is a conflict of interest, the client’s interest should always be a priority. There are essential things to look for before choosing a fiduciary duty expert witness which include;

Consistency throughout the case

An expert witness should see a case through to the end and not quit midway. Before choosing anyone make sure he/she is competent in what they do. Many people try as much as possible to avoid testimonials and depositions. Before anything else, make sure whoever you select is able and willing to meet the obligations of a witness. The person should be able to take a stand if it comes down to that.

Choose one with a well-established team

Sometimes most of these cases go on for a long time, and the worst thing is losing your expert witness. When that happens, you go back to square one, and you don’t what exactly to do. If there is a strong team behind the expert, then you are guaranteed of support even if you lose your foremost expert as the case goes one.

Keep your options wide open

Somewhere along the way you’ll work with a particular expert and have a great experience with them. However, it is necessary to consider going in a different direction and try other options. This way, you may end up finding a better expert than the previous one. Also, each case is different from the other, and it’s good to get someone who bests fits the matter at hand.

Level of experience

High experience brings an added advantage to the table. Before choosing a fiduciary duty expert witness, ensure they have done a wide variety of cases. Practicing in several disciplines for a long time enables one to have a better understanding of complex issues. Cases present many challenges along the way, and the faster one adjusts, the quicker a solution is found.

Make sure you are comfortable with the expert witness

Most of these processes are quite stressful, and the last thing you need is to work with someone that you can’t get on the same page when solving any case. Use of a fiduciary duty expert witness that you can easily communicate with and maintain high levels of trust. This makes the process run without many inconveniences.

The most important thing with expert witnesses is for them to provide results. A simple mistake and cost you an entire case and before you know it a ruling is made. Make sure you choose someone reliable who can handle all situations as they come. Some experts get scared away and leave you frustrated. Make sure you use someone competent and who will not walk away when things get heated up.

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Hiring an experienced personal injury lawyer to conduct your accident claimdoes not have to be anintimidatingprocess. Whether you have been injured in a car accident or have sustained another injury due to the negligence of another, you need to make sure that you find an experienced personal injury attorney that will fight on your behalf.

Search for a Personal Injury Attorney:Research online by reading online reviews and personal recommendations is a good start to finding a personal injury lawyer. Reviewing other clients testimonies and case results are extremely beneficial as well as noting the accident attorneys experience. You need to find an attorney that is knowledgeable and is experienced in car accidents and personal injuries and he or she should provide you with a timeline of how your case should evolve so you are kept up to date throughout the process.

Trust the Instincts:Selecta personal injury attorney that whole heartily cares about you as a person and your wellbeing. Some attorneys may care more about the worth of the case over than your wellbeing. You deserve an attorney that is experienced, knowledgeable and trustworthy and that will go the additional mile to fight for your rights.

Take Care of Your Personal Injury Case Personally:Ask your personal injury what other staff members from the firm will be involved in handling your personal injury case. There may be other staff members involved; ask to meet them beforehand so you can develop a personal relationship with them which will help you feel comfortable throughout the process.

Experience:Never underrate the worth of an attorney’s involvement when it comes to evaluating and examining a claim. While it’s obvious that a slip and fall case would be filed where the accident happened, not all personal injury accidents are that definite. For instance, if you’re injured by a product in your home that was produced in another state, the problemsconnected to where to bring the litigation can be complex and require to be examined to best safeguard your interests.

Speak With a Knowledgeable Personal Injury Lawyer: Hire a personal injury lawyer that has the expertise when it comes to handling your accident and injury claims. We are here to help you put your life back after a devastating accident, and get you the maximum compensation you deserve. Don’t risk your future or settle for less. Contact us today.

A personal injury case is basically that: personal. You deserve a Personal Injury Attorney that will protect your rights and fight for maximum compensation.

 

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