Law Blog

Has someone close to you recently been arrested and you aren’t sure what to do? Although it may seem like a frustrating time, there are many services out there that are available to help people in the same situation. When people are arrested by law enforcement, they aren’t immediately presumed guilty. A defendant has to go through the court process before that type of presumption can be determined. Luckily, many professionals can help along the way.

Call a Lawyer

One of the most important things to do after you or someone you love has been in trouble with the law is to seek legal counsel. Attorneys represent people in all types of cases from divorce to bankruptcy to criminal cases. Lawyers go to school for many years to hone their craft. Some counselors specialize in one type of law more than another. For people who have been arrested, it’s a good idea to call on firms who offer services like criminal defense Jacksonville NC.

Pay Your Fines

Sometimes people can resolve criminal cases with something as simple as a small fine. Many times, judges don’t want to waste the state’s time and money to put people on probation or send them to jail for petty offenses. Especially when it’s the first time someone has ever committed a crime, usually a judge will allow the sentence to be a small monetary fine or a few hours of community service.

Take Some Classes

For many types of offenses court systems usually ask defendants to take some sort of diversion class. Defensive driving is one class that people can take to get traffic offenses taken care of. When people drink alcohol and get arrested, they usually have to take an awareness class.

There are many solutions to the problem of being arrested. Staying busy will help you through this time.

Every restaurant owner wants his or her business to be as successful as possible. Stereotypes say that people in Texas are stubborn and rarely ask for help. However, a smart business person knows that he or she can’t go it alone. Below are some professional organizations Texas-based restaurant owners should work with to boost their revenue.

Texas Alcoholic Beverage Commission

If business owners want to bring in the big bucks, then they should ensure that their business can legally serve alcohol. To do this, a restaurant owner needs to work with the Texas Alcoholic Beverage Commission to earn his or her TABC licensing. Business owners will need to learn state alcohol guidelines and pay a fee before they can obtain a Texas liquor license. 

Texas Restuarant Association

While there is no legal obligation for business owners to join the Texas Restaurant Association, becoming a member can help to provide invaluable information. When a business owner is a member of the TRA, his or her business may qualify for employees to get free training for certificate programs. Some of the TRA’s most popular certification programs include the food handler certification and the seller-server certification. 

There are 23 chapters of the TRA around the state, mostly situated around the larger cities, such as Austin, Houston, Dallas, and San Antonio. It is best for restaurant owners to join whichever chapter is closest to their business. Most chapters should have more or less of the same resources as any other chapter in the state.

Working with either or both of these two organizations can help to provide resources to any Texas restaurant. By gaining the proper licensing, businesses can grow their profits. The TRA can also help to connect business owners with other programs that may be able to help expand the business even more!

If you’ve considered a career in the legal field, you’ve likely looked into the qualifications to become a lawyer. However, if the idea of law school doesn’t strike you fancy, it can be a bit disheartening to discover how much schooling goes into becoming a lawyer. 

Fortunately, many careers in the legal field don’t require a law degree, so don’t give up hope. Here are just a few options that you can explore that don’t require a stint in law school.

Legal Document Assistant

A legal document assistant, also known as a legal document preparer, is a legal professional whose job is to locate and prepare legal documents. These professionals typically specialize in a handful of legal areas and work with lawyers or clients to gather documents necessary for a case. 

Paralegal

Paralegals assist lawyers in varying capacities. They generally conduct case research, draft and draw up documents, and manage lawyers’ cases. Paralegals perform many of the same functions as attorneys but can’t provide legal advice.

Mediator

Mediators, also known as arbitrators or conciliators, help individuals settle disputes without setting foot in a courtroom. Mediation is an alternative to certain legal services, and in most cases, costs significantly less. In some states, people are required to go through mediation as a first attempt at resolution in civil cases.

Stenographer

As a stenographer or court reporter, you would record all trial proceedings and create a written transcript of all spoken words using a specialized form of shorthand writing. Stenographers may also provide broadcast captioning in real-time, as well as reporting for webcasts. 

These various support positions are what help keep the legal system running smoothly. Caseloads would back up without these integral positions, and all court proceedings would move exponentially slower. Fortunately, with the proper training, you can join the ranks of those who help ensure efficiency in the legal field.

Large corporations that have an ongoing need for legal counsel often maintain entire legal departments within their organization. However, small businesses or individual entrepreneurs seeking to start their own companies usually don’t have those resources. For them, hiring legal counsel as needed may be the best option. Here are a few of the areas in which a business law attorney’s services can be of great assistance. 

Choosing a Business Structure

This is an excellent reason to hire a business law attorney Long Island NY. When starting a business, it is important to choose the appropriate structure. The most common options for a small start-up are:

• Sole Proprietor
• Partnership
• Limited Liability Corporation (LLC)
• S-Corporation

Each of these structures has different advantages and drawbacks. For example, a sole proprietorship is the simplest form. However, such a structure could put the business owner’s personal assets at risk if there is a lawsuit for any reason.  With an LLC or S-Corp, the owner’s personal assets are shielded from any judgments.

Navigating the Regulatory Landscape

Depending on the type of product or services a new business plans to offer, there are several federal, state, and even local regulations to consider. A business attorney can assist with educating the new business owner when it comes to compliance with all laws and regulations that may affect the organization and what it does.

Litigation

One danger that every business faces is litigation. America is a litigious society, and a lawsuit may come out of anywhere, for almost any reason — a dissatisfied or injured customer, a disgruntled employee, or a plaintiff with an intellectual property claim. Having a good business lawyer on board can help to avoid these problems before they start. If the business is notified of a pending lawsuit, legal counsel and representation are vital for the optimal outcome.

Notarizing documents is a formality that is often forgotten about until it’s necessary. It’s easy to dismiss a notary public as just another formal signature on a piece of paper, but notarizing documents is the most recognized way of certifying that they are valid and legal. 
The following are several instances in your life when you will need to use such services as Commissioned Notaries Pittsburgh PA. Knowing when you might need to call a notary public helps you plan for your future. This is especially true if you know how to notarize your essential documents in a convenient manner.

Incorporating a Business

Choosing to run a small business or a sole proprietorship is not enough financial freedom for everyone. If you ever want to incorporate your company, you will need to notarize your articles of incorporation. Since your articles of incorporation will need to be filed with your secretary of state, ensuring that the paperwork is entirely valid and certified is a step you can’t afford to skip.

Buying a House

When you’re ready to leave apartment living behind and buy a home of your own, you will likely need to work with a notary public. All of the documents relevant to your mortgage loan will have to be verified and validated. When you sign and accept your closing documents upon buying your home, a notary public will be present to sign as well. The same will be true when you choose to sell your home or transfer your deed to someone else.

Getting a Passport

Obtaining a new passport isn’t just a matter of smiling for the camera when your picture is taken. You need to submit documents verifying your identity, all of which must be notarized. The good news is, you only have to notarize your passport documentation once. When your passport is up for renewal, no notary witness is necessary.

Whether you notice it or not, notaries public are often present at your life’s milestones. Whether you want to buy a house, expand your business, or travel, you need a formal witness who can document and verify your intentions. Commissioned Notaries Pittsburgh PA

You never know when life can throw you a curveball. Due to life’s uncertainty, it’s essential to have an estate plan in place for when you pass. An estate plan makes it easier for your relatives to carry out your wishes and provide you with peace of mind.

If you’re ready to plan your estate, it might be time to make a call to one of the most experienced estate planners Mission Viejo CA has to offer. If you’re still on the fence about drawing up an estate plan, you should consider the following reasons for doing so.

Avoid Probate

An estate plan will ensure that all parts of your estate will be distributed as intended. If you don’t clarify who should get what, your estate will enter probate, which means you can’t be sure the people you leave behind will inherit the things you intended them to.

Healthcare

An estate plan is a great way to outline what type of end-of-life care you want. Assigning a power of attorney through your estate plan will help make sure your voice is still heard if you cannot advocate for yourself.

Designate an Executor

All wills need an executor in order for the decedent’s wishes to be thoroughly carried out. An estate plan is the best way to identify who you want to take responsibility for dividing all your assets after your death.

Guardianship

The last thing you want is for your children to end up in the foster care system, which can happen if there’s no guardian designated in your will. If you have children or other dependents, your estate plan is the best way to ensure their well-being if you pass. 

No one likes to plan for their own death, but if you have a lot of assets or dependents, it’s important to make it easy for them to know your wishes once you pass. So be sure to consider the reasons listed here when you think about calling an estate planner.

After your loved one dies and the funeral is over, that is when the real fight starts—the legal battle to ensure that the deceased estate is properly distributed, either according to the wishes of the dead relative, mapped out in Wills, Trusts, or Testament or through a court-appointed administrator.

In many places in the US, when a person dies, terms like Probate, Trust, Will, and estate administration are easily thrown around. But how well do people understand these terms? What is probate? What is estate administration? What’s really the difference between probate and estate administration?

What Is Probate?

Probate is simply the transfer of assets and debts. It is a legal process where the deceased’s assets are distributed according to the deceased instructions found in the Will. Usually, probate starts just after the death and funeral of the testator (owner of the Will).

The purpose of Will is to give instructions on how you wish your estate to be distributed when you’re no longer around. But if you should die without a Will or your Will is proved invalid, then the Probate court will distribute your estate in line with the state’s law.

Many assets are eligible for probates. They are also some assets that the probate can’t touch—it all depends on the probate law that applies in your state or region. Be sure to check out the probate laws in your state before going ahead with any estate planning. You might want to consult with a Ancillary probate attorney.

What Is Estate Administration?

An estate is what is left in your name or possession at the time of your death. Estate administration and estate planning are some of the things you should take seriously while you’re still alive. Estate Administration is the process whereby you name an individual that will handle the distribution of your estate and clearing of any outstanding debts on your behalf.

Who’s An Estate Administrator?

An estate administrator is a certified fiduciary appointed by the probate court to handle everything pertaining to gathering and distributing the estate of a deceased person without a Will or with an invalid Will. An estate administrator works to ensure that no deceased estate should go unclaimed.

It is very pertinent that you make plans for your estate administrator while you’re still alive. Your chosen estate administrator will ensure that your estate is properly distributed according to the directives from your Will or Living Trust.

However, if you should die without a Will (intestate), the probate court will appoint an executor to oversee and administer your estate—someone you might not know or even trust if you were alive. To avoid making such mistakes, always speak with your Probate, Trusts, & Estate lawyer to help prepare for the big journey ahead.

What Is The Difference Between Probate And Estate Administration?

The major difference between Probate and Estate Administration is their timing and process.

While with a Probate, it is basically the process of admitting the validity of the Will or making your Will official. It takes place after your death and funeral.

Estate Planning & Estate Administration can happen either when you’re dead or alive. When you’re still alive, estate planning is the whole process of drawing up financial plans, including a Will, and naming an administrator to manage your estate either when you’re dead or incapacitated. Estate administration happens when you’re dead. Should you die without a Will, the court will appoint an estate administrator to take charge of the distribution of your estate.

Probate and Estate administration is summed up as—if there’s a Will, the process of distributing the estates (probate) will be much easier as there’s already a named estate administrator (executor). But if the Will is invalid or no Will (intestate), the court (probate court) will appoint an estate administrator or executor.

When someone is accused of a crime, they are often held in police custody until their trial date. The court may also order the defendant to post bail as part of their release conditions. If you can’t afford to pay the full amount for your bail, or if you don’t have anyone who will act as a surety on your behalf (sign an agreement promising to pay the bail should you not show up), it might be time to call a bail bond agent instead.

Bail Bond Agents are hired by family members of the accused who cannot afford to post bail themselves, and their job is simply ensuring that their client appears at their trial or court date. Bail generally has to be paid in full; because this can make it difficult for some defendants to meet the requirements for this service, bail bond agents often come to the rescue.

Everyday Situations Requiring Bail Bonds

Some of the most common types of crimes in which a person might need to post bail include criminal cases where the court has ordered a defendant to make their appearance as part of the release conditions.

It’s important to note that it is usually impossible for a defendant to make bail. As soon as they are in custody, the bond paperwork is started by police authorities and continues until the accused appears before the judge. That’s why bail bonds Statesville exist: so that people who can’t afford to pay the full amount of bail aren’t incarcerated until trial simply because they cannot pay up all at once.

Bail Bondsmen’s Key Role

The bail agent does not act as the defendant’s lawyer and is not responsible for deciding whether their client is guilty or innocent. A bond agent’s role is strictly ensuring that their client meets bail conditions.

The bail agents themselves generally take no part in any other proceedings other than providing general advice related to bail. For example, if bail is posted in cash, bond dealers are responsible for returning the said amount to bail sureties when the court case is completed.

Whеn оnе іѕ fасеd bу thе prospect оf fоrесlоѕurе it іѕ nаturаllу common tо think about ways tо get out of thе fruѕtrаtіng situation. Bеfоrе you can thіnk of any орtіоnѕ, іt is hоwеvеr a gооd іdеа tо еxрlоіt specific lеgаl ways to dеlау fоrесlоѕurе аѕ doing thіѕ саn buу уоu mоrе tіmе tо gеt out оf thе ѕіtuаtіоn. If you аrе wоndеrіng about thе рrасtісаlіtу оf thіѕ іdеа, аlwауѕ rеmеmbеr thаt thеrе аrе lаwѕ whісh рrоtесt уоu as a соnѕumеr аѕ there аrе lаwѕ рrоtесtіng thе lеndеr. If уоu are іntеrеѕtеd to know what the lеgаl wауѕ are, kеер rеаdіng tо gеt tо knоw mоrе about it.

In mоѕt саѕеѕ, уоu wіll need tо hіrе Consumer Law Attorneys tо hеlр уоu іn your bіd tо wіn thе саѕе. Althоugh this mіght іnсur ѕоmе соѕtѕ to you, іt will рау off in thе lоng run іf уоu have a strong саѕе. However, уоu ѕhоuld also note thаt thе орtіоnѕ аrе оnlу mеаnt tо рut it оn hоld аnd not tо exempt уоu frоm уоur dutу оf рауіng off thе dеbt аmоunt. It is definitely advisable to kеер that in mіnd so thаt уоu wіll nоt tаkе thіngѕ fоr grаntеd.

Some оf thе options уоu саn use to рut the process on hold are еxрlоіtіng іѕѕuеѕ such as рublіс notification аnd ѕо оn. In most states, thеrе аrе lаwѕ whісh gоvеrn the notification оf ѕаlе. If thе fіnаnсіаl іnѕtіtutіоn dоеѕ nоt аbіdе by thе lаwѕ and аdvеrtіѕеѕ fоr a ѕhоrtеr period thаn thе оnе рrоvіdеd for in thе lаwѕ, thеn уоu dеfіnіtеlу have quite a ѕtrоng саѕе аgаіnѕt thеm аnd уоu ѕhоuld make uѕе оf it tо dеlау thе іmреndіng foreclosure.

Anоthеr іѕѕuе thаt you саn exploit is redemption. In ѕоmе аrеаѕ thеrе аrе rеdеmрtіоn rules which аllоw thе original owner to buу bасk thе hоmе frоm thе new оwnеr bеfоrе thе lapse оf a given duration. Fоr your іnfоrmаtіоn, this duration depends оn thе аrеа that уоu live іn and іf thе bаnk gives уоu a ѕhоrtеr rеdеmрtіоn tеrm, you can fоrсе them to ѕtаrt over thе rеdеmрtіоn реrіоd. Again, dоіng thіѕ wіll оffеr уоu more tіmе tо lооk fоr оthеr vіаblе ways.

Another wау to dеlау thе рrосеѕѕ іѕ through wаіvеr dеfеnсе. Thіѕ hарреnѕ tурісаllу whеn the fіnаnсіаl institution hаѕ ассерtеd lаtе рауmеntѕ іn the раѕt. If thіѕ іѕ the case, some соurtѕ would аrguе thаt thеу саnnоt ѕtаrt thе fоrесlоѕurе until they hаvе warned уоu that lаtе payments will no lоngеr be ассерtеd.

Lаѕt but nоt least, fіlіng fоr bankruptcy іѕ the ultimate орtіоn to dеlау fоrесlоѕurе іndеfіnіtеlу. Truth tо bе tоld, іf уоu dо ѕо, thе fіnаnсіаl іnѕtіtutіоn wіll have nо орtіоnѕ but tо ѕtор thе рrосеѕѕ immediately. Hоwеvеr, thіѕ also hаѕ an implication оn уоur сrеdіt rаtіngѕ аѕ wеll аѕ оthеr fіѕсаl consequences. Hеnсе, іt іѕ not аdvіѕаblе unlеѕѕ уоu really run оut of орtіоnѕ.

Proper legal representation can often mean the difference between a favorable outcome to a dispute and a defeat in court or arbitration. For that reason, it is important for anyone in search of counsel to determine which attorney or law firm is best suited for the task at hand. While this can be a foreign concept to many individuals, the steps outlined below can provide a helpful guide with which to get started with confidence.

Be Transparent About Your Needs

In many cases, the reason someone needs an attorney can be embarrassing or deeply personal. This might lead people to hide key details in an effort to either save face or protect their privacy. That is precisely the wrong tactic, however, when searching for the right lawyer. Be open and honest about what the needs of the situation are and begin looking for a team with plenty of relevant experience. After all, someone looking for a lawyer capable of handling personal injury cases Decatur GA would not want to rely on someone who has only handled divorces in California.

Be Selective About Your Parameters

Laws can vary greatly depending on jurisdiction, so be sure that whichever law firm makes it to the final cut is well-versed with the ins and outs of the region. This is especially true of cases that are criminal in nature, but this step should be a factor when selecting a lawyer for practically any reason.

Be Honest About Your Budget

It might not be surprising to learn that an attorney’s services do not typically come cheap. That does not mean anyone in need of such representation should skimp on the necessities. Instead, be upfront about any budgetary restraints and ensure the chosen attorney can perform adequately within those confines.
Finding the right lawyer requires some forethought and fortitude, but these basic steps can make it all a bit more straightforward.

A notary is a public servant whose job is to certify and witness legal documents to make them legally authentic. You may not need this type of service every day, but when the time comes, you will want to make sure that there is a notary nearby who can help you with these documents that must be filed with cities, states or courts. There are several instances when notaries can work for you.

Final Documents

End-of-life documents are made lawfully binding with the help of a commissioned notary. Important contracts such as wills and associated power of attorney rights, as well as advance directives, require the inspection and approval of a notary. Along with wills, if someone asks you to become their executor, then you will also need a notarized copy of the contract as part of the process to make the deal legitimately binding.

Court Documents

If a court requires your appearance, there will be assorted paperwork that necessitates a notary stamp of approval. Applications and requests, pleas, briefs and motions are just some of the various types of forms mandated in court cases, and each needs to be authorized by a notary before they can be submitted to the court of law.

Financial Documents

Commissioned Notaries Pittsburgh PA can offer services that are part of making financial documents lawful. If you decide to get a bank loan, purchase a home or sell one, there will be papers that call for the certification of a notary.

Business Documents

Legal jurisdictions stipulate that certain business documents be filed with them. These can include incorporation papers and other types of business contracts when agreements have been reached among affiliated parties. 

It is best to be prepared before launching into an endeavor with legal implications. Notaries can answer questions and help make the process run smoothly for you or your business,

 

This is an interesting question that attorneys Spring Hill FL often receive from clients and the general public. The most accurate answer is, while all lawyers do act as attorneys in matters of the law, not all attorneys are lawyers. The term “attorney” is simply another word for “representative,” as in “power of attorney.” It simply denotes a person, either a lawyer, trustee, proxy or designated family member who has been granted the legal right or responsibility to act in another person’s name and interest.

Getting and granting power of attorney usually requires the services of a lawyer. The type of lawyer you would hire for such a purpose would depend upon the circumstances. For example, shareholders in a company who are unable or willing to attend shareholder meetings can legally designate a third party, or proxy, to attend and vote in their place. A tax or family lawyer can readily help individuals and organizations, public and private, in setting up a trust. This involves appointing individuals who can literally be “trusted” (hence their title) to oversee and manage the assets in a responsible manner.

A More Common Scenario

Most individuals contact an attorney in Family Law when the Power of Attorney is to be given to one or more family members. This can happen for any number of reasons; complying with the terms of a deceased family’s wishes, or what to do should another family member become incapacitated. As you might guess, the legal issues here are highly complex.

Planning Ahead

Legal problems are often like medical ailments: they are best treated or addressed in the early stages. We may not wish to think about such things, and they don’t make for happy family conversations. Attorneys practicing Family Law bring both compassion for all involved as well as outside, professional perspective, facilitating the granting of the Power of Attorney if and when the time comes.