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Dates Gone Wrong: What To Know About Date Rape

Posted by on Jan 27, 2017 in Uncategorized | Comments Off on Dates Gone Wrong: What To Know About Date Rape

If you have been accused of rape, you are facing some very serious consequences. Being convicted of rape could mean everything from a fine and probation to prison time and a lifelong label of sex offender, and you may need to take action quickly to defend yourself against those charges. Read on to learn more about date rape. Date Rape The term “date rape” is a fairly recent one, and the term actually has no real legal meaning. If you remove the word “date”, the charge is still rape, and that charge alone is devastating enough. If you are accused of perpetrating date rape, generally it means that you knew the alleged victim, instead of the rape being perpetrated on a stranger. The incidence of date rate is far outpacing that of rape, likely due to the increased publicity that may prompt more victims to come forward. While this form of rape is called “date” rape, it can take place anywhere, anytime, and with anyone, as long as the two involved parties knew each other before the act occurred. Rape To understand this charge, you must understand the legal definitions of rape, which have changed over the years. In the past, physical force or threats of force were necessary components of a rage allegation, but those elements have been removed in most states’ definitions of rape. Most states agree, however, that rape has been perpetrated when it involves the following elements: The victim says “no” to sexual intercourse The victim does not give consent to sexual intercourse The victim is unable to give consent due to a physical or mental reason, such as being physically or mental disabled or under the influence of drugs or alcohol. Consent The central element that must be present for there to be a rape is lack of consent, and it is that element that is the most difficult to prove or to disprove. In some cases, it comes down the word of the alleged victim and the alleged perpetrator, since this act is, by and large, a private one. There is still a great deal of bias (bias that is mostly centered on gender) on the part of juries and judges, and that bias can swing both ways. One bias is toward a victim’s apparent reluctance to engage in sexual intercourse and the alleged perpetrator’s desire to aggressively pursue the act. On the other hand, you have the alleged victim’s reluctance to admit that there was consent for various reasons. In spite of what the law says to the contrary, a victim that is now alleging rape after participating in sexual intercourse with the alleged perpetrator numerous times can face a large hurdle proving that they did not give consent that time. If you stand accused of rape, date or otherwise, speak to a criminal defense attorney right...

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3 Things You Need To Do To Protect Yourself During A Divorce

Posted by on Jan 27, 2017 in Uncategorized | Comments Off on 3 Things You Need To Do To Protect Yourself During A Divorce

Many couples chose to divorce. In fact, it seems so common that many people think that they know what to do during a divorce that they don’t properly prepare themselves. This is a mistake and if you don’t educate yourself properly on what to do during a divorce, you could harm yourself legally. Here are some things you need to do right as the divorce begins to protect yourself. 1. Change All Of Your Estate Planning Documents One of the biggest mistakes that people make is failing to make changes to their estate planning documents. For example, you probably have your spouse listed as the beneficiary on most of your estate and bank accounts. In addition, if you have a life insurance policy, your spouse is the person that is most commonly named as the beneficiary. This means that if something were to happen to you during this time, and things do happen, your estranged spouse would have a claim on everything that you have.  You don’t know if they have your best interest at hand, if they will take care of things how there are suppose to, and so much more. This is why the moment things go south and you start the divorce process, you should change your estate planning documents and life insurance policy so that someone you trust is now your power of attorney and the beneficiary. 2. Avoid Entering A New Relationship If the marriage has been rocky you are probably considering starting a new relationship. You might even have someone in mind that you would like to date. Although you deserve to move on, you should not do it until the divorce is legally finalized. If it can be proven that you were unfaithful during the marriage, or if you are unfaithful during the divorce, because you are still technically married throughout the divorce process, it can really hurt your case. For this reason, hold off starting any new relationships until you are legally divorced. 3. Separate All Of Your Money You probably have joint bank accounts with your spouse and you probably share a great deal of money. Once the divorce starts, freeze any joint accounts and don’t contribute anymore to them. Even your retirement accounts should be halted. Anytime you contribute to an account you both share your spouse can take the money, so protect yourself and separate all of the money. By doing these things you can protect yourself during a divorce. If you have more questions about how to handle your divorce, check out a company like Finocchio &...

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Need A Personal Injury Lawyer? How You Can Get One When You’re On A Budget

Posted by on Jan 12, 2017 in Uncategorized | Comments Off on Need A Personal Injury Lawyer? How You Can Get One When You’re On A Budget

When you’ve been hurt at the hands of another person, it’s important for you to get the restitution that you deserve.  You could be dealing with serious injuries that are so extensive that it may be a long road back to living your life the way you formerly did.  However, as much as you may want to hire a lawyer, you may think that you just can’t afford to pay them.  Don’t try to handle your situation on your own; use this information to learn more about what you can do to get a personal injury lawyer when you’re working with a tight budget. Get In Touch With A Legal Aid Society The first thing you want to do when you need a budget-friendly lawyer is get in touch with a legal aid society.  These organizations make it their mission to pair people of various income levels with a quality lawyer. Understand that legal aid societies receive funding from a variety of sources.  They are given grants and anonymous donations so that not only are they able to afford overhead fees such as rent and worker salaries, but they are also able to offset the costs associated with hiring a lawyer. When you contact the legal aid society, a representative there will typically conduct an interview with you so they can find out the extent of your case.  Once they’ve learned the particulars, they’ll look through their database until they find an attorney who takes on cases similar to yours.   Keep in mind that some legal aid societies will ask for proof of income as a requirement for receiving assistance.  Because of this, you may want to gather your wage statements before giving them a call. Pro Bono Attorneys Are Out There The next thing you should do when you need a lawyer is look for one that works on a pro bono basis.  Pro bono attorneys are legal professionals who offer their services to the public without charging anything. Some attorneys understand that there are people out there who simply cannot afford a lawyer.  They allocate a portion of their time to helping these individuals.  Be willing to put in the legwork by calling around to different law firms until you find a location that has a pro bono division. You have what it takes to get a lawyer on your side.  The next time you need a personal injury attorney, remember these tips so you can get the help you...

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If A Dog Caused Your Car Accident, You Could Receive Compensation From The Owner

Posted by on Dec 16, 2016 in Uncategorized | Comments Off on If A Dog Caused Your Car Accident, You Could Receive Compensation From The Owner

A dog ran out in front of your car and caused you to swerve to avoid it. As a result, you got into an accident that totaled your car and caused personal injury. Can you pursue a lawsuit against the owner of the dog in this case? Leash Laws Often Dictate Your Response Leash laws vary heavily based on the state and these often dictate the nature of your case. For example, it is illegal in Oklahoma for dog’s to wander freely in counties that have more than 200,000 residents. The dog is considered “running at large” and any problems they cause are likely to cause a liability problem with their owners. This applies to any type of negative behaviors the dog performs, including running out in front of your car and causing an accident. The idea here is that the owner was negligent by refusing to leash their dog properly and that this negligent action cause the accident. Dow Owner Negligence Must Be Proven Hitting the dog is often not enough to prove that the dog owner was being negligent. For example, the dog may simply have escaped the yard and caused your accident without negligence by the owner. As a result, you need to actually prove negligence in this case to receive any compensation. There are specific behaviors that indicate dog owner negligence, including: Failure to leash the dog properly while on a walk Not maintaining their backyard leash, allowing it to break Refusing to leash the dog after it shows a pattern of chasing vehicles Leaving a gate or door open that allows the pet to escape the yard or home Using eye-witness testimony to prove this negligence is vital to protecting your rights and getting compensation for the accident. Make sure to talk to people in the area who witnessed the accident or friends of the family who can testify that the owners behaved negligently. Beware Of Comparative Negligence Claims Even if your lawyer can show, with a preponderance of evidence, that the dog owner was negligent and that their dog contributed to your car accident, the owner may still have a trick up their sleeve. A common defense in a case like this is to argue comparative negligence. This is the idea that both participants were negligent and that your negligence outweighs theirs. For example, if you were driving too fast for the zone when you hit their dog, they may argue that your speed was the deciding factor. This is especially true if your accident occurred during a bad weather situation. Driving too fast for the conditions is typically proven by the accident: if you had been driving slowly enough, it is argued, the accident wouldn’t have happened. While nobody in this type of case is likely to be happy with the outcome, especially if the dog was injured, it is important to pursue it to its fullest end. Contact a professional like Loughlin Fitzgerald P C to learn...

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Online Employment Pre-Screening Can Make Your Hiring Process Easier

Posted by on Nov 29, 2016 in Uncategorized | Comments Off on Online Employment Pre-Screening Can Make Your Hiring Process Easier

When you are looking for new employees, you may get a whole lot of applicants. That can mean that you have to spend a lot of time looking at applications and trying to sort out who will meet your needs and who won’t. And then once you find applicants who may meet your needs, you may have to have those prospective employees take tests and other assessments to judge their skills. That can take a whole lot more time. However, there are easier ways to do it. One is to use an online pre-screening process.  Online Pre-Screening The pre-screening process is generally facilitated by a program that has been set up for you. The company will talk to you about your needs and then give you access to a website for the applicants to use. On your end, you will get access to all the information submitted by each applicant, after they have been screened, so that you can make the decisions you need. There are different parts of online employment pre-screening that you can use.  Application One thing that you can do is to use the screening program just as an application process. The applicant will be able to go to a website that will let them fill out your application. Once they have input all their information, the program will automatically go through the applications and sort them out according to criteria that you have submitted. Only the applications that meet your criteria will come to you for your consideration.  Assessment Another thing that you can do with a pre-screening process is to have the applicant take assessments and skills tests. You can either have all applicants take these tests after they have applied or just send the link out to applicants that have met your criteria and that you are interested in. The pre-screening can do things like test typing skills and speed and recognition of various parts and how they are handled. The program will sort through all the results and, again, based on your criteria, will give you the applicants who have scored higher than you have required.  Sorting through applications and screening applications can take a lot of your time. You may not have the time to do that yourself if you are short-handed. Or you may not want to do all that yourself. You can work with a company like Legal Locator Service, L.L.C. that specializes in online employment pre-screening to make the hiring process much easier for...

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Understanding Criminal Lawyer Fees

Posted by on Oct 17, 2016 in Uncategorized | Comments Off on Understanding Criminal Lawyer Fees

Felony charges are serious business, which means you will want to get a lawyer that represents your interests. Finding a felony defense lawyer to work with is only part of the solution – you also have to make sure you can afford the representation. Unlike civil matters, where most lawyers take their fees from the settlement, criminal lawyers will require that their fees are paid regardless if the case is won or not. The following guide can help you better understand and navigate the lawyer fees. How are fees charged? Lawyers generally charge fees in one of two manners: Case billing. This is a flat fee that the lawyer charges, usually reserved for specific types of cases. For example, a lawyer may offer a flat fee for handling DUI cases. If your case ends up being more involved, you will have the benefit of a low legal cost. On the other hand, if the case is settled quickly, you will not get a refund of any portion of the fee. Hourly fees. Hourly charges are also very common, especially in felony cases that are less cut and dry in how long they typically take to work. For example, vehicular manslaughter, domestic violence, and crimes of passion often require more hours of research and in court, so your lawyer may request hourly billing. Is there a way to manage hourly fees? It may seem like hourly fees can quickly get out of hand, but fortunately many lawyers offer a cap. This means that the lawyer will estimate how many hours they think the case will be billed at so that you can make an informed decision on the cap amount. Your lawyer will then work to complete the case beneath the cap, although they may recommend that you raise it if the case is more complicated or detailed than originally expected. Are retainer fees necessary? While not required by law, most felony lawyers will require a retainer fee before they will begin working the case. The purpose of the retainer is to ensure that they get paid for the case no matter what the final outcome is. Generally, the retainer is a set number of hours. Once you have used those hours, you will need to renew the retainer by paying in more towards the next set of hours. If the lawyer uses less hours, then they will refund you the unused portion of the retainer. Will the lawyer have additional fees? There may be fees that aren’t covered by hourly or case billing. Some lawyers have an additional trial fee, for example. There may also be document handling fees, expert witness fees, or fees for appeals. Make sure that you are aware of all fees before signing on a lawyer. For more help in navigating legal fees, contact a felony lawyer in your...

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3 Tips For Avoiding Foreclosure

Posted by on Oct 17, 2016 in Uncategorized | Comments Off on 3 Tips For Avoiding Foreclosure

If you have found yourself in a situation where foreclosure on your home is possible because you are no longer able to afford your mortgage payments, you need to take action. Of course, if action isn’t taken, then the bank will foreclose your home, which means you will need to move out within a certain period of time. However, if your current financial situation is only temporary because you have lost a job and are currently looking for another or you have been injured and are not currently able to work, then you want to consider these three tips to help you avoid foreclosure: Fill Out the Proper Paperwork With Your Bank:  When you know that you are no longer able to make the payments on your home, you need to fill out the proper paperwork with the bank. This gives you three months of not having to make payments while the paperwork is being processed. This paperwork usually just has you state what the situation is, when it will likely be resolved, and basic information about your loan terms.  Arrange an Agreement With the Bank: After the three months have passed and you still are facing the possibility of foreclosure, you need to talk to your bank to arrange an agreement about staying in your home without making payments. Some banks will allow you to go up to 6 months without making payments while others will require that you at least make partial payments while pushing the remaining balance to the end of the loan.  File for Bankruptcy:  Bankruptcy should be your last resort. However, if you don’t wish to leave your home, it’s your best option if you are still unable to make payments after the paperwork has been filed and an agreement has been made. When you file bankruptcy, it puts a pause on your debts, which includes your mortgage. Of course, you will need an attorney by your side to ensure that this is the arrangement made when you file.  When you consider these three tips, you are going to be able to stay in your home without having to deal with foreclosure. Be sure to hire an attorney the instant you know that you are possibly facing foreclosure since they can ensure that you are taking these steps properly, filling out paperwork correctly, and making a strong case for yourself in order to stay in your home. Contact a firm like Alejandro Rivera PA – A Law Firm for more...

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Why Many College Students Drink and Drive

Posted by on Oct 14, 2016 in Uncategorized | Comments Off on Why Many College Students Drink and Drive

Many college students continue to drink and drive even though the dangers of driving under the influence (DUI) have been well documented. The dangers of DUI are even worse for college students, since most of them have limited driving experience; inexperienced driving plus drunken driving makes a particularly dangerous combination. Why They Do It According to some research, here are two major reasons why college students continue to drink and drive: The belief that they are still safe drivers even when intoxicated The belief that they can control the consequences of drunk driving Unfortunately, both of these beliefs are mere fallacies. The scientific proof shows direct links between increased car accidents and impaired driving. According to the Centers for Disease Control and Prevention (CDC), here are some of the ways alcohol can impair your driving. Impairs your vision and makes it difficult for you to track moving targets, such as cyclists on the road. Difficulty in steering the car. Difficulty in concentration; for example, you may find it difficult to concentrate on avoiding other road users when your mind starts wondering. Reduced reaction time; for example, you may find it impossible to brake in time when a car swerves into your view. Difficulty in controlling the speed of the car. Therefore, college students should not delude themselves that they can drive safely even when under the influence of alcohol. There is no scientific research that shows that some people, let alone inexperienced college drivers, are immune to the effects of alcohol when behind the wheel. In addition to the increased risk of road accidents, those who drink and drive should also be aware of the legal consequences of DUI. These consequences include driving-license suspension, jail time, monetary fines, and the use of ignition interlock devices. You cannot escape all of these consequences if you are convicted of DUI. For example, you may avoid jail time but get sent on probation, get sentenced to rehabilitation, or have your driver’s license suspended. In short, you should be prepared to face the consequences of your actions one way or the other. In short, if you are a college student, try your best not to drink and drive. However, if you do get arrested for drinking and driving, you are still entitled to your legal rights, which include the right to retain a lawyer such as a DUI attorney. Take advantage of that right to minimize the potential...

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What To Know Before You File For Social Security Disability

Posted by on Sep 28, 2016 in Uncategorized | Comments Off on What To Know Before You File For Social Security Disability

If you are suffering from a medical condition and are no longer able to work at your job, you may be able to collect Social Security Disability benefits. The application process can be long and confusing, but for those who need the financial assistance that this benefit provides, there are few alternatives. Fortunately, knowledge about the process can be of enormous help, so read on to learn more about what you need to do to get ready to file for Social Security Disability. Do You Qualify? The Social Security Administration (SSA) has strict guidelines in place to screen applicants, so knowing what is required could save you some time. Make sure that you: Have been unable to work for at least one year, or you expect to be unable to work for at least one year. Have worked enough to earn work credits, which are equated to a dollar amount of money earned within a given amount of time. Get Organized Gather together the following documents and information: Information about your most recent job, such as your begin and end dates, the wages you have earned during the present year and for the previous 2 years, and contact information for your job. Information about when you became unable to work, such as your position, dates, and job duties. A summary of past work. Your education and training. Dates of any military service Names and dates of birth of all children under the age of 18 that reside with you. Current and former spouse’s names, dates of birth, social security numbers, dates of marriage and divorces, and contact information. A listing of your medical conditions, your medical providers’ names and contact information, names and dates of all treatments and medications, lab work, and tests. How Long Does It Take to Hear Back? The SSA uses the mail to contact you, so make sure you keep them informed about any address changes. You will receive a confirmation of your application, but the speed of processing depends on: The current backlog of applications. The completeness of your application package. Pay special attention to the medical information section, and be as detailed and accurate as possible in your description of your medical condition. Ensure that the dates are correct, and double check the spelling of any health care facilities, doctor’s names, and addresses. If your initial application has been denied, be sure to follow up with a Social Security attorney at a law firm like Drummond Law LLC-Disability Lawyers for your appeal...

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Reasons To Work With A Real Estate Lawyer For Your New Home’s Title Search

Posted by on Sep 8, 2016 in Uncategorized | Comments Off on Reasons To Work With A Real Estate Lawyer For Your New Home’s Title Search

When your real estate agent mentions the title search as part of your closing process for the home you’re buying, you might dismiss it as no big deal. A title search is a pretty standard procedure, but that doesn’t mean that it should be overlooked in its importance. In fact, there are a few key reasons why it is in your best interest to work with a real estate attorney right from the start. Here are a few things you should know about what the title search process can do for you. Discover Potential Filing Mistakes Although we all strive to have accuracy in all of the paperwork, records, and documentation, human error does happen. Sometimes, you’ll find that a single typo can significantly affect the records on file for the property. Ultimately, an error such as a mistyped property transfer could cost you ownership rights or potential claim on the property. The title search will include validating the existing public records on file for the property, so any errors like this will be addressed. Reveal Undisclosed Property Liens A title search will uncover any existing liens on the property, including those that may not have been disclosed by the owner. Sometimes these liens are the result of a loan that the prior owner failed to pay or other outstanding debts. If you buy the house before discovering things like this, you may still find yourself responsible for the balance as the new property owner. Talk with your real estate attorney about the title search before closing to resolve any outstanding debts with the current owner before you sign. Locate Any Absent or Estranged Heirs When you’re buying property that’s a part of a multi-component estate, you need to work with a real estate attorney on the title search to protect your financial interests. The attorney will help you to investigate the estate and any potential heirs that may have a claim on the property. It’s in your best interest to do this before you sign the purchase contract, because a long-lost family member or estranged child could try to contest the sale and claim their own rights to the land. An investigation like this is the best way to locate people like this before you sign so that you can negotiate any issues or have them sign an authorization for the sale. A real estate attorney can not only help you through the title search process, but also any legal negotiations that have to happen as a result of it. Don’t try to go through this process alone, especially if there are any legal concerns that need to be...

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