Effects of a Criminal Charge in a Divorce Case

Effects of a Criminal Charge in a Divorce Case

May 10

Effects of a Criminal Charge in a Divorce Case

Spouses thinking of divorce can end their marital union either through an adversarial approach, which is open to the public or through peaceful and private means, which is also faster and much less expensive that the former.

The adversarial approach of ending a marital union is through contested divorce, also known as court-litigated divorce which, the Maynard Law Firm, PLLC, says, is the type of divorce process that may work for couples who have fundamental disagreements about the terms of their divorce.

These terms of disagreements are not based on ending a marriage per se, but on the issues that may be affected and which need to be settled, such as child custody, child support, property division, alimony, visitation rights and adoption – these are the usual issues that need to be settled in marriages that have lasted more than five years.

While fighting for one’s rights and interests, especially with regard to child custody rights, can already be challenging, the challenge becomes much harder to hurdle if the one who wishes to fight for custodianship has been charged with a crime in the past.

Having been charged with a crime, especially a drug-related crime, can make winning divorce-related issues very challenging, especially in states where fault grounds for divorce are still observed. Worse, the more recent a criminal charge is or if the act can be established to be a pattern, the more a family court judge will rule against the erring spouse.

If the charge was made many years ago and if the spouse charged of the crime has undergone a complete rehabilitation program, then the court can overrule such past wrong act and even consider it inadmissible in a divorce trial. This is based on the (family law) context that the remoteness of an act cannot be admitted as evidence against a person, more so if such act is not part of a repeated pattern, is not is likely to be repeated and has been corrected through a treatment or rehabilitation program.

As explained by the law firm Kohler Hart Powell, SC, “Facing any sort of criminal charge is a frightening and often overwhelming situation, and while the United States justice system is one of the best in the world at effectively putting criminal suspects through a fair and unbiased trial process, it is still entirely possible for an individual to be charged with a crime they did not commit or to be treated improperly through non-proportional sentences and other procedural issues. Additionally, regardless of whether a person is truly innocent or guilty, if convicted, they could face severe penalties and effects on their life and freedoms. As such, it is critical that any person facing a criminal charge build the strongest defense possible.

Everyone who has been charged with a crime has the right to defend themselves and their rights in a court of law. However, in order to do this and for a person to stand the best chance of reducing their charges or having them dismissed altogether, having the support of a criminal defense lawyer is often not only essential, but usually extremely comforting.”

The Different Types of DUI Offense Explained

The Different Types of DUI Offense Explained

Dec 22

Drunk driving is one of the most serious offenses that a person can commit. Getting charged with DUI can have major implications to the defendant. Aside from facing prison sentence, conviction could also lead to the suspension of their license as well as their driving privileges for a certain period of time. They may also be required to pay huge fines.

There are different types of DUI that an individual can commit. Depending on the type, the punishment may also vary. Everything will all depend on the facts and circumstances of the case. The charge will be dependent on various factors which include previous DUI convictions, level of BAC, death or injury, and property damage. Here now are the different types of DUI:

First Offense DUI

First offense DUI is a Class 1 misdemeanor that carries serious consequences. Depending on the state where the act was committed, the defendant may be subjected to a jail sentence as well as pay a certain amount as fine. It may also result to the revocation of your license or suspension of driving privileges.

2nd Offense DUI

The penalties handed down during your 1st offense will be enhanced if you commit a second offense. The charges will carry a mandatory minimum sentence of 45 days in prison. Your driver’s license will be suspended for 2 years. Depending on circumstances, your vehicle may even be forfeited.

3rd Offense DUI

For a third offense, the jail sentence will be increased to 120 days. Aside from that, you could end up paying heftier fines which could be up to $10,000. The revocation of your license can also increase to 6 to 10 years.

4th and Subsequent Offense DUI

Fourth time DUI offense will be elevated as a Class E felony and may subject the defendant to a mandatory minimum sentence of one year in a state prison. The courts will also revoke your license for a period of 8 years.

When facing criminal charges such as DUI, you need the help of an experienced attorney to defend you in court. Their experience can help make a difference in your case.

Are You An Employee or Independent Contractor?

Are You An Employee or Independent Contractor?

Nov 03

In order to save money and avoid paying overtime wages, employers utilize a wide range of tactics and one of them is identifying employees as an independent contractor. By employing such tactics, companies may be depriving their employees of the benefits and wages they deserve. Classifying an employee as an independent contractor is a violation of the Fair Labor Standards Act (FLSA). According to the website of Leichter Law Firm, employees who have been classified as an independent contractor has the right to recover unpaid overtime wages.

Knowing the difference between independent contractor and employee is an important step in winning your unpaid overtime claim. First of all, an employee directly works for a company or another person and answers to an employer or manager. For this reason, they get their income from their employer. On the other hand, an independent contractor is considered “self-employed” by the IRS.

In terms of control, it is the employer who determines the conditions of work and directly controls the actions of an employee. The employer has the right to hire and terminate an employee. Meanwhile, depending on working conditions, an independent contractor has more control over their work and the manner, time, and location where it is produced. In terms of rate of pay, the income of an employee is determined by their employer. The independent contractor sets their own pay rate.

The IRS and some states have certain laws that help define an independent contractor. The main focus of these laws is on the level of control an employer has over a service or product. So if your working hours is determined by a company, you are likely to be an employee. On the other hand, if you work on a flexible schedule, you are an independent contractor.

It is important to know these differences so that you can recover the wages you deserve for working beyond your regular working hours. Your right to be paid for overtime work is protected under the law so fight for it.

What Are The Common Causes of Real Estate Disputes?

What Are The Common Causes of Real Estate Disputes?

Sep 25

Disputes involving real estate properties can be complicated and time consuming in nature. For this reason, resolving the issue can often be difficult and expensive. According to the website of Slater Pugh, Ltd. LLP, they involve a wide range of risks and pitfalls that could have an impact on your commercial or personal undertaking. In this article, we shall be focusing on the different causes of real estate disputes.

1) Incomplete Information

When you do not disclose facts about the real estate property, conflicts may arise and you may be even held liable. Non-disclosure of vital information can also cause delays in the purchase of your property.

2) Fraud

Fraud in real estate happens when one of the parties involved in a negotiation makes a false representation and causes injury. An agent who withholds information can be subjected to actual and punitive damages.

3) Boundary Disputes

This usually happens when the boundaries are not clearly registered or determined. So it is important to research property boundaries to determine whether there are potential issues of disagreement.

4) Title Issues and Insurance

When you are buying a property, it is important for the title to be clean to avoid any conflicts and disputes.

5) Breach of contract

Any purchase and sale agreement is a form of contract between the buyer and seller of the property. When the parties involved do not live up to their end of the agreement, they can be held liable for breach of contract. As such, the aggrieved party can pursue damages resulting from the breach of contract.

There is no agency or governing body that regulates the real estate industry. For this reason, it is quite common for disputes or conflicts to arise. For any transaction, it is important to have a clearly drafted contract.

What Is A No-Zone Area? – Be Informed And Stay Safe

What Is A No-Zone Area? – Be Informed And Stay Safe

May 19

Compared to other vehicles, the sheer size of 18-wheelers as well as semi trucks makes any accident involving them devastating. One of the most commonly reported truck accidents involves no zone or blind spot accidents. When another vehicle is in these no-zone areas, the truck driver cannot see them which makes any collision or accident tragic if the driver suddenly makes a driving manuever. For this reason,. Truck drivers should pay attention to these no-zone areas.

According to the website of Williams Kherkher, not all truck drivers fulfill this important responsibility, which could lead to serious truck accidents. Figures from the United States Department of Transportation revealed that more than 413,000 automobile accidents are due to truck no-zone accidents. From that number, almost 160,000 fatalities occurred. Knowledge of these blind spots or no-zone areas can help prevent a fatal accident. Depending on the truck, the size and actual location of its no-zone may vary. Usually, trucks with long trailers may have bigger blind spots at the back of the vehicle. For commercial trucks, the no-zone area can be any of the following:

  • An area which is a length of a car from the rear of the trailer
  • A small area directly in front of the driver, where a tractor can block the view of the driver
  • A small area on the driver’s side that extends from the side view mirror of the tractor to the front of the trailer
  • A large portion on the passenger’s side starting from the side view mirrors to the length of the trailer, with marginal visibility near the rear of the trailer

Although knowledge of a truck’s blind spots can help prevent colliding with a truck, the driver is still responsible for checking any vehicle that would leave or enter its no-zone area before changing speed or direction. For your own safety, avoid staying or overtaking too close from these trucks.