Feb 09

Criminal Law Info : Pleading no contest

When someone is charged with a crime they can enter a plea of guilty, not guilty or no contest. Often, a guilty or no contest plea is entered as a result of a plea agreement  a deal reached with the prosecutor where the defendant gives up their right to go to trial in exchange for a specific, agreed upon punishment. It is important when entering a plea to understand your options and how a no contest plea is both similar to and different from a guilty plea.

What is a no contest plea? Pleading no contest to a criminal charge is not an admission of guilt like when entering a guilty plea. Instead, a defendant entering a no contest plea agrees not to challenge the criminal charge  he accepts the deal reached in the plea agreement without expressly admitting that he committed the crime.

How is a plea of no contest similar to a plea of guilty? A plea of no contest and guilty are treated identically for sentencing purposes in a criminal case. For example, if a defendant charged with DUI pleads no contest, the court will treat the no contest plea the same as if the defendant had plead guilty. The defendants sentence and punishment will not change by pleading no contest instead of guilty.

Why plead no contest? A plea of no contest is treated differently than a guilty plea if the defendant is sued by the victim in a civil lawsuit. For example, imagine a defendant that beats someone up and is charged criminally with battery and is also sued by the victim in a civil case (a civil battery claim). If the defendant pleads guilty in the criminal case, his guilty plea can be used against him in the civil case as evidence of his liability. On the other hand, if the defendant pleads no contest in the criminal case, his no contest plea cannot be used as evidence of his liability in the civil case.

For defendants charged with crimes where the victim could also sue in a civil lawsuit, it is important to understand the difference between pleading guilty and pleading no contest. While pleading no contest instead of guilty will have no real effect in the criminal case, it could be important in the civil case.

Criminal Law Info : Pleading no contest

Jan 16

Do We Need Family Law Lawyers

Life never ceases to amaze us and that is especially true when we have a family. As much as we would like to think that all things will go smooth, it is impossible not to deal with so problems at some point. That is why we need family solicitors. They can assist in various aspects related to family law such as divorce, parenting problems, pre-nuptial agreements, financial settlements, mediation, wills and probate.

  To be more specific, family lawyer can settle disputes that would otherwise escalate to unproductive conflicts for both sides. Whether you want to set things straight about child custody or claim some cash back after a divorce, they will be there to show you the path that is easiest to follow. Therefore, it is important to stop postponing the settlement of various family issues. Get in contact with a family lawyer as soon as possible and solve all your problems.

  Particular care is required when the members of a family have to make some sensitive decisions about their children. If you are going through a divorce, you have to settle things in such a way so that children will not be affected by harmful separations or fights over custody. The sooner you consult yourself with a firm of family solicitors, the better.

  But it is not just custody battles that can tear families apart. Sometimes financial disputes can lead to unparalleled feuds. Many a kin have spent years arguing about wills and pensions. But an experienced family solicitor can put an end to all the fight. He will examine carefully all the evidence presented and determine who is legally entitled to get the covetable sum of money. The solution will comply with all the aspects of law and will be reached in the shortest period possible.

  Most people try to understand family law on their own, thinking that they will need no assistance from a lawyer. But legal procedures are very tangled, especially if one takes into consideration the jargon of the legislation. In addition, family laws must be applied in a certain way or else they are not effective. Family solicitors are able to unravel the cases that seem difficult and complex. They will keep you in the loop with every step you need to take and help you reach a resolution that is satisfactory for all family members.

  In brief, irrespective of the kind of family law you require assistance for, a specialized team of solicitors will be there to offer professional guidance. So, do not let time aggravate your family affairs. Find a reliable family law company and get their valuable assistance for your peace of mind and for the own good of your family members.

Jan 06

Lancaster, Divorce Lawyers

A marriage that has no chance of being saved most often ends in divorce. The process is not easy for the spouses involved and most especially if they have children. But amidst this challenging situation, it is essential that both parties cooperate well in order for the divorce process to move on as smoothly as possible without the children being subjected to a tug-of-war game.

 Divorce is a common occurrence notably in developed countries. Worldwide, divorce rates however differ from country to country. In Sweden, 64 percent of marriages end in divorce. This is followed by the U.S. with 49 percent, Canada with 45 percent and France with 43 percent. In the U.S., reports have it that while 82 percent of married couples will celebrate their fifth year of marriage, only 15 percent will reach their 15th wedding anniversary. For first marriages that lead to divorce, the median duration is less than eight years.

 The state of Nevada had the highest divorce rate in 2004 at 6.4 percent followed by Arkansas and Wyoming. However since 2006, the yearly per capita divorce rate has been steady at 0.36 percent.

 The legal process of divorce takes time thus, both parties really need to stretch their patience. Normally, a divorce proceeding may take about one year to complete. Having a lawyer is a big help especially when it comes to negotiating property settlements and child custody. A divorce attorney has the right skill and experience to help a person go through this legal procedure in the most amicable way possible.

 In legal terms, divorce refers to dissolution of marriage. This proceeding starts with the filing of a summons and petition with the court by one spouse. The petition is then served to the other spouse while copies of such document are provided to both parties. After receiving the summons, the responding spouse is given 20 to 60 days to reply to the petition or give a counter petition.

 Temporary orders normally follow to settle various issues including child support, custody, residential arrangements, bills payment and home occupancy. If no agreement is reached during this stage, a court hearing led by a judge or court commissioner is the next step.

 A case is considered complete only when all pertinent issues are resolved. A trial will only be conducted if negotiations between the spouses fail. However, it is possible to settle the case without the two parties having to go to trial if a settlement reached and all aspects of the divorce are acceptable to both spouses.

 A Decree of Dissolution of Marriage issued by the court and signed by the judge is the final proof of the divorce proceeding. All settlements made between the spouses are put in writing, approved by the court and signed by the judge. In case of a trial, the decision of the judge is made in writing and signed by the judge himself.

Dec 30

A Free Legal Consultation Is Fine, Hire a Good Franchise Attorney

 

Buying a franchise is one common way that many aspiring entrepreneurs get into working for themselves. However, before committing to a franchise agreement – which can least take 10 years or more – it is vital to consult with a franchise attorney.

Many excellent franchise attorneys offer free legal consultations up front, but after that, you should be prepared to pay your lawyer well to advise you on your new business.

Here’s why:

  • You may be investing $100,000 or more of your hard-earned dollars into this franchise. While getting a free legal consultation is fine at first, you should spend the money on a good franchise attorney. There are many details in establishing a profitable franchise operation. Most of those details are laid out in the Franchise Disclosure Document or FDD. That document is probably 200 pages long, and you need to know every bit of it.
  • Your attorney can help you to select a proper business entity. Should you be an LLC, S Corp or C Corp? Do you know the difference between the three?
  • Your lawyer can help you if the franchising operation runs into problems. Some franchisees don’t spend money on a franchise lawyer, and come to regret that decision later.

Remember, after free legal consultations for your franchising business, make sure you hire a good attorney to protect your business interests.

Dec 24

Choosing a Commercial Transactions Lawyer in Long Island

Do you know that having a business lawyer in your side is a great way to protect your business? As a businessman, you surely have understood that there are many things that could harm your business including commercial transactions that you make. Detrimental transactions may lead to legal consequences or lawsuits. However, if you have an expert on your side, you will get the best legal advice, assistance and even court representation. This means that you have a chance to avoid worse consequences and to protect your business.

To get unmatched services, you should choose a commercial transactions lawyer Islandia carefully. For this purpose, a thorough survey needs to be performed. In your survey, lawyer’s track record must become your first consideration as it actually shows lawyer quality. It is better for you to hire a lawyer that has the best track record because such lawyer has successfully helped his clients. The more the number of satisfied clients, the better the track record is. Next, you must consider lawyer experiences. A fully experienced lawyer is more knowledgeable and skilled than a non experience lawyer. As a result, a fully experienced lawyer is able to win more cases. If you expect to get the best solution, hiring an experienced lawyer is the right decision. In this case, Andrew Presberg is worth to consider because he has been serving clients for more than 30 years.

Furthermore, lawyer’s ability to provide a personalized service should be considered because it determines whether you could receive a solution that truly meets your needs. Each client is unique. This implies that each client requires a different solution. If a lawyer provides a personalized service, he will be able to tailor the service to meet client needs and personal conditions. So, before your business is harmed by your business activities, you had better find the right business lawyer.

Dec 15

Special Challenges In Legal Translation

Legal translation is a very important aspect of language translation as it deals with often sensitive documents.

 Legal translation is a very important aspect of language translation as it deals with often sensitive documents. One mistake an imprecise translation of a word or phrase in a partnership contract might undermine a transaction that might cost someone huge losses.

Legal translation is difficult, simply because laws are not universal and vary by country, culture, or region. Needless to say, legal translation is not for everyone. Although a professional translator may be generally considered very competent in his or her craft, he or she may still not be competent enough as a translator of legal documents. Professionals engaged in this field are often certified by their peers or a certifying authority to ascertain competence. In most cases, the translator is even required to submit a sworn affidavit accompanying his or her translation. At the basic level, the translator should be knowledgeable of the underlying legal concepts of both the source and target languages.

The delicate matter of translating documents related to law arises from the fact that laws are specific to ones culture. Yes, if simple language translation is already heavily culturally nuanced, then legal translation with its very real consequences much more complicated. It requires that level of professionalism not possessed by any common linguist. It is for this same reason that merely hiring some freelance translator to translate legal documents might be not so good an idea.

For instance, consider the problem with translating the name of an institution that does not exist in the country or legal system of the target language. Often, if there is no other solution, the institutions name is not translated and written as it is, but in italics. Another complicated example would be translating an international business contract between two large companies weaving through terminologies that may not have exact direct equivalents in the target language makes it very difficult to perform a translation that is as faithful as possible to the source language.

Moreover, a legal offense that exists in the source country may be defined in a different way or has a different legal weight in the country of the target language this might leave the translator on the horns of a dilemma: would the translator be opening a can of worms if the offense would still be translated in this way?

In an increasingly globalized business environment, where multinational companies interact with one another against the backdrop of the laws and legal systems of different countries, one cannot emphasize too much the significant risk in translation legal documents. Again, mistakes can be costly. And although legal translation may be a tad more expensive than ordinary translation, getting the services of a completely proficient translator may protect a company, organization, or individual from any potential legal complication. Competency in this field will be worth every penny in the long term.

Dec 09

Fight for Your Right with Attorney

In this world, you cannot live by yourself. There are so many other people who live around you. You will need their help for sure and sometimes they will also need your help. However, since there are so many heads, it is almost impossible to make them agree in one thought. There must be something that makes one head does not agree with others. Because of this difference, there is no doubt that you might face some problems. Whenever there is problem between human, there is also law to decide which one is right and which is wrong. You need strong argument to prove that you are the right one.

Whenever a problem is brought to court, people will start to tell their argument and make the judge believes that they are right. Well, you surely need to do that as well because you have the right. You need to fight for your right without allowing others to rob your right. In order to fight for your right in the court, you need help from the experts who understand law so they can help you to win the court. It is sure that attorney in Iowa is the person that you are looking for.

Having an attorney helps you will enlarge the possibility to win the court and get your right back. A professional attorney who understands the laws will be the best help that you need. Your attorney will be the one who explains your position and the reason why you should not be jailed. That is why you should make sure that you get the right attorney who is good in arguing things. There is no doubt that your right will be fully protected if you have chosen the right attorney who will gladly help you to win the court.

Dec 02

Legal Separation before Divorce Filing

The wedding was a private meeting between individuals. These meetings may also be called matrimony, while the ceremony that marks the beginning is called a wedding and the status created is sometimes called wedlock. The marital act to change the personal status of individuals in the eyes of the law and society.

Currently there are two ways to end a marriage. In most societies, the death of one partner ends the marriage, and in monogamous societies this allows the other partner to remarry.

The second method to end a marriage is through a legal separation. Many of today’s society provides termination of marriage through divorce law use. Weddings can also be canceled in a few communities, where authorities declared that the marriage never happened.

Legal separation, or sometimes referred to as “separate maintenance,” “divorce mensa et thoro,” or “divorce from bed and board”, a possible step towards divorce under the laws of many countries. A couple legally separated only if the pair has managed to petition the court to recognize their separation; just living apart is not a separation for this purpose.
Now a legal separation does not automatically lead to divorce. Reconciliation can occur in a period of legal separation, in which case they need to do anything in order to stay married. However, if they do not reconcile, and wanted a divorce after a mandatory period of time, they have to file for divorce explicitly.
A period of legal separation may be a reason for divorce, and some states require a period of legal separation before a divorce can be applicable as in  Ireland, Spain, and Italy. Several states in the United States require separation before divorce. The required period of separation before filing for divorce vary.

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