Why a Plea Bargain Could Be in Your Best Interests

How the Bail Works

Plea AgreementAre you facing criminal charges? Getting arrested is a terrifying and stressful ordeal for anyone, given how badly a conviction can affect the rest of your life. Depending on what you’re accused of, however, there might not be a need to worry too much.

Plea bargains are agreements between a defendant and the prosecution. It is a peaceful way to resolve a case, and account for over 90% of criminal convictions. It is actually quite rare for a case to go all the way to trial, since accepting a good offer is usually the best outcome.

The negotiation covers both the charges filed against you and what the sentence will be. For instance, the prosecution can drop charges for murder to manslaughter. Instead of a long sentence, they can reduce it or even keep you out of jail completely.

Deciding Whether or Not to Accept

But is accepting it actually the best course of action? This of course depends on the specifics of your case, and you should always talk with a criminal defense lawyer in Houston or whichever city you live in. The final decision always lies with the defendant. If you are confident that you can win your case, then there is no reason to plead guilty.

Remember that trials can be costly and time-consuming, however. Things can drag on for months or years. You may win the case, but still end up losing a lot, making this a risky proposition.

In addition, accepting a plea bargain can sometimes keep your record clean. You may be ordered to do community service, be put on probation, or forced to attend substance abuse seminars. While unpleasant, these outcomes will at least not hurt your chances of employment in the future.

No matter how you choose to move forward, make sure that you discuss things with your legal counsel in great detail first. The last thing you want is to make an error with something so important.

Understanding More of Wrongful Death Claims

Wrongful Death in USOne of the more intriguing aspects of personal injury lawsuits is the case of wrongful death. You might laugh that people would really file for a wrongful death claim as if there is such a thing as a rightful death, no pun intended. Nonetheless, all states now have their own respective wrongful death statutes and it would be wise to learn more about it.

What is Wrongful Death?

From the term itself wrongful death, it connotes the untimely demise of a person because of the legal negligence of another either in part or in whole. For example, if you brought your family member to the hospital and he died because you believed the doctors did not give life-saving medications in time, then your family member suffered what is called wrongful death.

What is the Legal Framework for Wrongful Death?

According to Perth lawyers, the Common Law that has been the framework of all legal statutes in the US does not allow for negligence cases to be brought if the person who suffered the negligent act is already dead. As Common Law states that negligence cases die with the negligence-inflicted person, it is quite impossible to ask for some form of redress.

But times do change. And as such, the surviving family now can file for a wrongful death claim based on the premise that someone is responsible for the death of a family member, Timpano Legal explains. Additionally, the case is often tied to the principle of negligence.

Requirements for a Wrongful Death Claim

In order for you to be successful in filing a wrongful death claim, you need to prove the following:

  • The respondent caused the death of your family member whether in part or in whole;
  • The respondent had a legal duty related to the circumstances surrounding the death of your family member, the negligence of which resulted in death to your family member;
  • You or the victim’s family are still alive; and
  • The death of your family member has caused you great monetary loss.

In What Instances can You File a Wrongful Death Claim?

Typically, wrongful death can arise from a variety of circumstances including medical malpractice, vehicular accidents, workplace-related accidents and criminal behavior. Technically, what the law is saying is that if your family member died because of what you believe is due in whole or in part to the negligence of another person, then you can file for a wrongful death claim.

Absurd as it may sound, but there are plenty of families today who seek financial redress for their loss. If you want to know more about wrongful death claims, you can ask your personal injury lawyer for more information.

When Do You Need a Denver Probate Lawyer?

Hiring a Lawyerr

Denver Probate Lawyer in Denver The death of a loved one is always hard. Hiring a Denver probate lawyer may not be the first thing that will come to mind. However, you may have to think about it eventually. Winding up an estate usually requires the services of a lawyer, but in some situations, you will not need one. Here are some of these situations.

The estate is not for probate

Many people are learning the wisdom of estate planning. They put up living trusts or survivorship community property. Retirement accounts and life insurance policies with named beneficiaries do not have to go through probate. They may even transfer property directly to you or other heirs, in which case, there is no need for probate.

The estate is small

If the estate qualifies as a “small estate” under state law, you will not have to go through probate. A small estate in Denver is any property valued at less than $50,000 with no real property involved, such as a house. You only need to present a sworn statement to collect assets.

The estate is straightforward

Colorado adopted the Uniform Probate Code in 1990, which makes probate simple for estates that do not include businesses or commercial real estate. If it simply involves bank accounts, residential houses, or stocks, the probate process will not need special handling.

The estate can pay for debts

If the estate has enough money to pay any outstanding debts such as funeral expenses or final income taxes, then you will not need a probate lawyer to help you figure out which debts to pay. However, if that is not the case, a lawyer will help you figure out which creditors you need to pay first.

If everybody gets along in the family, then you may not need a lawyer even if the estate goes to probate court. However, if someone makes trouble, you should hire a lawyer immediately. You want to avoid a long-drawn out court battle. It can rip families apart and drain resources.

Why You Should Never Take Your Teenager Car Shopping

CarEvery American teenager lives for the day they would be given more independence by their parents. Much of that independence is anchored on their driver’s license.

Preparing to buy your teen a car

While you’re contemplating how best to give your excited teen enough lessons and advice to make them a safe and responsible driver — heaven forbid you’ll have to one day call a semi truck accidents attorney in South Jordan — osmondlaw.com says you should also consider the type of car to give your child.

Car shopping is exciting for anyone, especially for youngsters who are about to have their first taste of freedom on the road. But though you might be thinking it would be such a treat to take your teen car shopping with you, your parental instincts should tell you this is not the best idea. So do some research on the Internet without telling them about it just yet.

Why you should buy the car without your teenager

A teenager doesn’t think of a Corolla. What a teenager wants is a Mustang Shelby GT Super Snake. They don’t think of the cost of insurance; they picture themselves as DMX paying for a Lamborghini with a bag of cash. OK, maybe that’s going too far. But the point is teenagers normally want a car that shows independence, not simplicity or fuel economy. And since what you want for your teen is a more sensible buy, it makes no sense having them beside you pleading for you to take them to the Lambo dealership next door, even as you’re trying to negotiate for a used Volkswagen Jetta, which is, by the way, a great choice for teen drivers.

So don’t take your teen with you; don’t even tell them that you’re looking for a car to buy them. Surprise them with their new car when you get home. Whatever car you buy them, as long as it’s not an obvious beater, they’ll be overjoyed and thankful.

Three Estate Planning Items Everyone Needs

Estate Planning

Estate Planning in UtahEstate planning is a must whether you are rich or the value of your assets do not amount to much. There is a huge misconception that only the rich should have an estate plan. Nonetheless, estate planning is important as it helps you minimize unnecessary costs, confusion and stress for your family members after death.

While this may be a difficult topic for most families, without the required documents detailing your assets and savings, you may end up in a dilemma for years and you may have to part with lots of money when seeking legal address to set issues straight. For you to have an estate plan, all you need to do is to consult an estate planning in Utah attorney who will advise you on what you need to have and help you draft the necessary documents. Some of the items you need to have include:

Up to date trust or will

Considered to be one of the most essential documents, a will designates who gets to receive your property and who will act as a guardian for your children. Whether you are wealthy or doing fairly well, you need to have a will as this shows how you’d like your assets distributed, according to a lawyer from Christensenyounglaw.com.

Wills go through probate. A probate is a legal process that involves validating your will if you die, identifying and taking stock of your property and assets, paying the necessary taxes and debts and finally distributing the property as your will states. During the probate, a lot of court appearances and technical paperwork are involved.

A trust, on the other hand, is expensive to set up, but later gives you an advantage over a will. Wills only work after you’ve died, while a trust works all the time even after you’re incapacitated. Furthermore, with a trust, you are able to avoid probate and access assets quickly thereby saving money and time.

Power of attorney

This is a written authorization that allows another person to make legal and financial decisions on your behalf when you become disabled or incapacitated. A durable power of attorney survives your later incapacity. Ensure that you only give the power of attorney to someone you trust.

Beneficiary designation forms

Having updated beneficiary designated forms on your assets, life insurance policies, and other accounts is recommended as this help to avoid conflicts within the trust or will.

If you’re thinking of estate planning, it’s crucial to talk to an experienced estate planning attorney who will advise you on the next step of action as well as help you draft the documents.

Grounds for Divorce in Suffolk County

Divorce Attorney

Divorce AttorneyDivorce is never easy, even when it is widely accepted. It is hard on the spouses, and even harder for the kids, to adjust to being single again. In some cases, it is the best option for everyone concerned. In Suffolk County, there are seven reasons the state considers good reasons for getting a divorce lawyer involved in a marriage.

No-fault

A no-fault divorce means no one is to blame for the breakdown of the marriage. The state has begun to allow no-fault divorce in 2010. Before that, you could not get a divorce even if your marriage has “broken down irretrievably”. This means that you or your spouse can ask the court for a divorce because you have not been getting along well for at least six months. You have to say under oath there is no chance you can make things work.

Fault

On the other hand, a fault-based divorce means either you or your spouse did something that led to the breakup of the marriage. These include:

  • Abandonment of a year or more
  • Physical or mental abuse
  • Imprisonment for three years straight or more within the marriage
  • Infidelity

When you ask for a fault-based divorce, you have to show proof of your claims. If you say your spouse was cheating on you, show pictures or provide other evidence that this is true. The judge will not grant your divorce under these grounds on your say. A fault-based divorce tends to be a bitter battle, and usually requires the services of a Suffolk county divorce lawyer, as DivorceAttorneyinLongIsland.com notes.

Separation

A compromise between no-fault and fault -based divorce is separation-based divorce. You can ask the court for a divorce if you have been separated for at least a year, either court-ordered or as part of a formal separation agreement. Whatever led to the separation in either case is not important as long as you meet all the terms of the court order or separation agreement.

You might think that a no-fault or separation-based divorce is simple and straightforward. Nonetheless, divorce law is complicated even if the process is not. It would be advisable to hire a divorce lawyer to handle all the formalities to make sure everything is kosher.

Albuquerque Law: Basic Facts about Child Custody

Child Custody

Child custody in Albuquerque Child custody is not just about the “spoils” of war in divorce court. Parents have an equal responsibility to care for their children whether they are married or not. This includes housing and feeding them, as well as supporting them financially. Parents can usually come to an agreement over the care of a child. In some cases, they need the intervention of the district court.

During these times, ex-spouses should hire an experienced child law attorney in Albuquerque for a fair division of duties and child support. They can provide guidance on the process and keep the best interest of the child in mind.

The process

Child custody cases start when one parent petitions the district court to make the decision about their case. If the case is a result of a legal separation or divorce, the court’s decision will become part of that process. If there is mediation involved, the court will give the mediator the opportunity to get both parties to come to an agreement. If that does not happen, or there is no mediation, the court will decide on who gets custody.

The goal

Parents go to court to establish their legal rights over their children. Nonetheless, the law is more concerned over the rights of the child and serves their best interests. They look at all aspects of a child’s situation to make a decision. The child law attorney has to find the middle ground. Attorneys have to follow what their clients want, but present it to the court to prove their client’s wishes are to the advantage of the child.

The child

Child custody cases are always different. How it goes will depend on many factors, including what the child wants. If the child is over the age of 14, what he or she wants get a bit more attention than someone younger does. If the child is a newborn and the parents are married, both parents get equal rights. The mother gets automatic rights if the parents are not married, though. One of the parents has to take an extra step to establish paternity. Only then does the father have any right to child custody.

The issue of child custody is always a tricky one. It can be hard to establish the best interests of the child, especially if the child is young. It is up to the child custody attorney to present the best case possible, and the courts to decide on what serves the child’s best interests.

The Xarelto Side Effects: Are You a Victim?

Xarelto Facts

Xarelto Facts in Pine BluffXarelto, a brand of rivaroxaban, is an oral anticoagulant (blood thinner) that first came out in November 2011.

Patients who suffer a type of blood clot called deep vein thrombosis (DVT) — which ultimately leads to blood clots in the lungs (pulmonary embolism) and other health complications — quickly adapted to this revolutionary “1 time a day” a day drug.

Although a warning came with the product, companies Bayer, Johnson & Johnson’s and Janssen Pharmaceuticals failed to mention any other medication risks to both its patients and the medical community, according to concerned law firms.

A Black-Boxed Warning

In line with the release of Xarelto is an FDA black box warning, which has two warnings on its label. These are as follows:

  1. Discontinuing Xarelto may increase the risk of dangerous blood clots and stroke if you have a type of abnormal heart rhythm known as nonvalvular atrial fibrillation. It may be necessary to switch to another anticoagulant.
  2. Having spinal anesthesia, such as an epidural, or a spinal procedure, such as a spinal tap, may cause bleeding on or around the spine that can lead to long-term, perhaps permanent, paralysis.

But, with the popularity of the medication going through the roof, the unadvertised side effects also started to reveal itself.

The Cureless Case of Xarelto Intake

Currently, there are no known counteragents or antidotes for Xarelto despite its potentially life-threatening side effects such as:

  • Excessive and uncontrollable bleeding
  • Gastrointestinal bleeding
  • Heart attack
  • Stroke

Some people also experience other adverse health effects like the infection associated with a hip or knee replacement surgery, decreased hemoglobin, hematoma, peripheral edema, and dyspnea or difficulty breathing.

Lawsuits and Duration to Settle

Negotiations to settle Xarelto cases depend on what a particular jury will award to each case.

If a particular case goes to court, the jury shall take into account the extent of the injury from Xarelto, the damage, and the financial aspects caused by the sustained injury.

The first complaints against Xarelto surfaced in early 2014 and by 2015, the number of claims surrounding the Xarelto litigation already doubled.