Category Archives: Legal

Three Careers to Follow if You Want to Uphold the Law

Woman studying lawThe law is there to keep things in order. It protects people from unfair treatment and makes sure everyone gets what they deserve. Sometimes, however, criminals ignore the law to get what they want. They disregard human rights to do their bidding.

If you don’t want to see them get away with their actions, you can go into any of these jobs:

Criminal Investigator

As a criminal investigator, you play a part in solving crimes. You are helping the police catch the culprit, so they can get the punishment they deserve. It’s important that you are knowledgeable in areas concerning crimes, logic, and human psychology. To get started, you will need criminal investigator certification, which tells clients that you have completed a course and have gained all the knowledge you need for the job. You also need to study continuously, especially as criminals are getting more sophisticated.

Teacher

Serving justice isn’t just about being part of the criminal investigation or court proceedings. It also means educating people on the rules that they should be following, and serving as a good example so that they will not be tempted to do anything illegal. Education is important for children, as their developing minds are looking for people to look up to. Be there for them and observe their behavior; if you notice that something is wrong, reach out. A life of crime starts somewhere, and many repeat offenders start young.

Lawyer

After the suspect has been apprehended, the court will decide on whether he is guilty or not. Your job is to present all the evidence and help the court make sense of what happened in the crime. Whether you’re defending the suspect or prosecuting, what matters is that the truth is presented to the court and the right person will pay for his crimes.

Justice needs to be served. If you want to be one of the people who enforce the law, you need to get started on your career now.

Should You Hire a Conveyancing Lawyer?

Conveyancing Lawyers smilingIf you are in the market for a new house or are selling one, you need to be familiar with the law that deals with buying or selling a property. However, some people might find trying to keep up with this law too much for the layman. Conveyancing lawyers in Townsville, Queensland can help you.

What is Conveyancing?

The term used for transferring ownership of property from one individual or entity to another after a sale or purchase is called conveyancing. It involves a lot of conditions that need to be expressed clearly and completed even before a transaction begins. A solicitor or conveyance lawyer is the one who usually carries out the whole process.

Should You Hire a Conveyancing Lawyer?

This era is the time of the self-help and do-it-yourself, so you might feel tempted to include conveyancing. However, the branch of the law that deals with real estate is not a simple one so you need to prepare for the many legalities and conditions that you may encounter. Some of them may even cost you a lot of money.

An experienced solicitor or conveyance lawyer can easily spot potential problems from a mile away. Their knowledge will give you more time to decide on things before committing on the transaction.

How Does Conveyancing Work?

A solicitor will do the following things for you:

  • Examine the contracts, memorandum of transfer and make sure that all other legal documents are sorted correctly.
  • Do a title search for you to ensure that the property in question has no problems or issues attached to them.
  • Compute the rates and tax adjustments.
  • Settle the transaction from signing to exchanging of contracts until everything has been completed.
  • Represent your interests or respond to requests from the buyer.

Final Thoughts

While most people can do the conveyancing of their properties, it is best that you seek professional assistance to make sure that you do not get any unpleasant surprises on the property you just bought.

You should also remember that not all lawyers have the same level of skills or knowledge when it comes to conveyancing. You can ask for recommendations do a thorough research online, but make sure the one you choose suits your budget.

On Moving Out During Divorce

Divorce is a tense time for the family. That’s both for the now-estranged couple and Couple Going Through Divorcethe children if there are any. Perhaps nothing else can go wrong, right?

Law firms have seen these situations play out countless times. They understand the process well enough to know that sadly, something else could go awry. Moving out of the home during the proceedings is one.

The gender factor

Without intentional sexist overtones, it’s noticeable that men tend to be the ones who leave the family home during a divorce. According to Huffington Post contributor Joseph Cordell, one reason men move out is that they might feel like it’s an obligation. Despite the split not being their idea, most men accept that it's their role or what is expected of them. 

The decision to leave is almost always detrimental, especially if there are children involved. If a man does so, it’s easy for the woman’s lawyer to label it as an abandonment of the family.

Staying is an option, but not the best one

It’s not all bad, fortunately. There are certain situations when it would be best to stay, despite a spouse’s desires for the contrary. If there are no children at risk of seeing the parents fight, leaving home is acceptable — but not necessarily a great decision. 

Complications abound

The legal experts at Law Office of Gordon N. Shayne see another potentially deciding factor involving financial and property arrangements. A spouse can never be ordered to leave the marital home, especially if that person’s name is on the mortgage or lease.

Whatever comes, it’s a tricky situation. Moving out opens up a spouse to the possibility of an incriminating claim (i.e. abandonment), but staying might not be advantageous either because of the conflict that now exists between the couple. If there are children around, exposing them to potentially regular fights or altercation is not a good idea.

If no decision seems apparent, it can help to have an expert opinion on one’s side. An experienced, skilled divorce attorney can identify specific parameters that can be beneficial for both parties, lessening the chance of creating new disputes out of the already existing one. The lawyer may also make sure that state-specific regulations are met.

Personal Grievance Letters: Keep it Professional and Polite

If you ever find yourself unfairly dismissed, harassed, or otherwise mistreated by Grievance Proceduresyour employer, you can choose to raise a personal grievance against them. A personal grievance is a formal complaint about unfair workplace treatment. They give the complainant peace of mind, uncover questionable business processes and streamlines professional contracts.

The Employment Relations Authority (ERA) handles personal grievances in New Zealand, having established the Employment Relations Act in 2000. This act protects employees from exploitation and harassment.

The first step in raising a personal grievance is writing the employer a letter, which challenges the way a company handles a certain situation and gives the employer enough time to respond.

When to Give Your Employer a Notice

The ERA encourages employees to resolve matters without legal action with their employers first, before bringing matters to court. Employees may need the help of a mediator or an employment advocate to help resolve the issue. All grievances must be raised within 90 days of the event, or from when the employee became aware of the event.

One of the most important aspects of writing a personal grievance letter is to add as much detail as possible. It will serve as a notification to the employer and help resolve matters instead of having to go to court.

What to Write

Your letter should be professional and polite, regardless of any ill feelings that you may harbour. Start by addressing the employer professionally, and stating the reason why you are writing a letter.

Next, describe the events that transpired and inform them about what type of personal grievance you are raising. Some examples include sexual harassment, a schedule change without prior consultation, and unfair dismissal. Personal grievances cover a wide range of issues. Remember that details and clarity are important.

In the last part of your letter, offer a solution to the problem and inform them about agreeing to attend to mediation. You should give the employer about five days to respond. You may need to do a follow up if the employer does not respond.

Be sure to attend mediation on the agreed upon time to help resolve the issue. If the employer chooses to ignore you, you can file a claim with the ERA so that they can step in. Be sure to keep a level head at all times and remain professional and respectful throughout the whole process. 

The Use of Solitary Confinement in North Carolina Prisons is Declining

Man hoping to be released from jailThe terms “prison” and “jail” are tricky. In fact, people often use them interchangeably. Although quite similar, there is still a marked difference between them. “Jail” is where a person stays while awaiting trial, while a prison is where felons serve their sentence.

While you have the choice to avoid jail time by posting bail or seeking assistance from a bail bondsman in Raleigh, NC, you can’t simply leave prison by paying a fee. You commit a crime; you do the time, or so the saying goes. What happens though when an inmate needs disciplinary action? Well, prisons can subject the incarcerated to solitary confinement.

Solitary Confinement in North Carolina

Prisons subject inmates to solitary confinement for various reasons. This includes separating an aggressive inmate, protecting another, or disciplining an unruly one. Offenses that range from fighting to spitting on someone can land an inmate a 60-day solitary confinement, in fact.

North Carolina prisons used to be notorious for their use of the disciplinary tactic, but they are slowly cutting down on the practice because they’re finding it ineffective. Out of the state’s 38,000 prisoners, 5,330 were in solitary confinement at any given day in 2015. Through the effort of authorities, they were able to reduce the number to 2,540 in 2016.

Increases Assault on Staff

State prison Commissioner David Guice said that cases of assault on staff members increase in the locked-down units. Upon observing a decline in these kinds of attacks in states that are moving away from the practice, Guice made it his goal to end North Carolina’s heavy use of the method.

Triggers and Worsens Mental Illness

Inmates with a history of mental illness who spend time in solitary confinement suffered from worsening symptoms. Psychiatrists also state that the prolonged isolation could trigger depression, anxiety, cognitive disturbances, psychosis, and paranoia in inmates who had no prior symptoms.

Government support for this move has come from the highest position. Former President Barack Obama has already banned the practice of subjecting youth offenders (17 years old and below) to solitary confinement in federal prisons, stating that the prolonged absence of human contact is counterproductive and could result in lasting psychological effects, especially in younger, impressionable individuals.

 

Inmates spend 23 to 24 hours a day in their cells, which have limited access to sunlight and fresh air. Taking away even the most basic of human contact on top of this has proven to result in negative changes in an inmate’s behavior. Actions to abolish the practice are a step towards rehabilitating, not punishing, people who have committed a crime.

Understanding the Basics of Long-Term Disability Insurance

Person with a DisabilityAs the name implies, long-term disability insurance is a coverage that protects people during long periods of impairment. Also described as income replacement insurance, this kind of coverage acts as a monthly salary when one cannot work because of disability.

How Does the Insurance Work?

In the occurrence of a disability, you will receive a paycheck from the insurer as a means of salary. The amount and payment schedule, however, depends on your individual policy. When it comes to spending for the coverage, Haffner Law and other disability insurance lawyers in Los Angeles suggest an equivalent of 1% to 3% as reduced in annual salary.

What are the Pros and Cons?

Apart from reducing the risks of financial trouble during impairment, disability insurance protects you from spending your retirement savings prematurely. There are no restrictions when it comes to using the insurance money, as it also doesn’t entail a penalty. Disability insurances are tax-free and can last for a long time.

Like most policies, however, disability insurance can cost you a significant amount. Many people pay for it during long periods of their career to ensure the consistency of the coverage. Another disadvantage is that it cannot aid your family when you die since its only purpose is to cover your financial needs and responsibilities during impairment.

Are There Alternatives?

If this kind of coverage doesn’t impress you, you can always go for other kinds of policies. Some of them are the following:

  • Self-insurance – A self-insurance can cover several aspects of your life, as it’s a pool of money you can use when an unexpected loss occurs.
  • Family insurance – If you’re looking for a policy that can branch out to immediate members of your family, this kind of insurance is ideal.
  • Short-term disability insurance – This is like a long-term disability insurance, but more affordable. This kind of coverage starts paying after your disability and stops after a few months.

Before getting disability insurance, make sure that you understand its terms and payments to prevent any misunderstanding with your insurance policy. Knowing everything about the coverage goes a long way.

Little Boy Hugs His Father

Child Custody in Colorado: Proving Substance Abuse to Win Your Case

Little Boy Hugs His FatherAmong the significant causes of concern in child custody cases in Colorado is the involvement of addiction. This is when allegations arise concerning alcohol and drug abuse by both or one of the parents. Here’s what you need to know:

Proving Allegations Through Criminal History

When you accuse your soon-to-be ex-spouse of substance addiction during a child custody case, presenting proof to the court is vital. You have to show solid evidence that they’re truly an addict. If your spouse has a record of abuse, such as driving under the influence (DUI) or drug possession, you could get their criminal history and show it to the court.

What if There’s No Available Documentation

If your spouse doesn’t have a documented history of addiction, you can get help from a qualified expert, like a private detective. Family law attorneys in Colorado Springs remind that legal professionals are busy people as well. They don’t have the time to follow your partner around. In fact, that’s not part of their job.

Parental Responsibilities Evaluators (PREs) and Child Family Investigators (CFIs) could also request that both or either party undergo alcohol and drug testing. For instance, a hair follicle test could identify specific drugs that a person took in the last 90 days. You, or your PRE or CFI, could likewise request that both parties undergo a comprehensive substance abuse evaluation independently. A Certified Addictions Counselor (CAC) will complete their evaluation to establish whether your spouse exhibits certain features of substance abuse. Note that while PREs and CFIs perform evaluations, they only evaluate the substance abuse issue and nothing more.

Drug and alcohol testing and evaluation are crucial to proving accusations of addiction in child custody cases. Depending on the results, you could get sole custody of your child and your spouse could get supervised parenting time. Talk to a family lawyer to determine the best approach for your case.

Is DIY Divorce the Right Option?

Woman Looking at Her RingIn an effort to save money, you may be tempted to arrange divorce on your own or skip the lawyer altogether. While completing the process by yourself is possible, it is important that you understand all the process entailed. This is to avoid problems later on or agreeing on terms that prove to be unfair for the long-term.

In general, DIY divorce may work if you and your spouse are in good terms, and are on the same page on all issues (custody and property division). It may also be a reasonable choice if you and your partner have agreed to end your marriage and your finances are straightforward. This can make the overall dissolution more affordable and quicker.

More Time and Effort

With DIY divorce, you will need to give in more time and effort than if you hire a lawyer to help you out. You will need to gather documents, file the papers, while also making sure that you have right documents for your state. You will also need to get and fill out a number of forms correctly, so they will meet the specifications of your state.

Seeking Legal Advice

Albuquerque divorce attorneys note that getting a legal advice is always the best choice, especially for a serious divorce or cases involving children. You might also want to hire an attorney if you partner has hired one. The right lawyer is beneficial in gathering documentation, court filings, and making sure that you receive a fair settlement.

Choose the Right Lawyer

Hiring a lawyer will help you save time and effort, but be sure to find the right one. It is important to choose an attorney that will help simplify the process, instead of initiating revenge. This is especially true if you want to keep the marriage dissolution as civil as possible. If your spouse, however, hires an aggressive lawyer, you will have to fight out with your chosen attorney.

It always makes sense to hire a divorce lawyer, especially if there an issue or child/spousal abuse. A lawyer will not just guide you through the process, but also arrange protection for the victim. It is also best to hire a lawyer if you have complicated financial issues or if you feel that your spouse is being dishonest.

Home for a Home: Surrendering Properties for Bail

Bail bonds SignIt isn’t easy getting cold cash in times of emergency. In America, 51% of adults live in middle-income households while 29% are in the lower-income bracket, dominating the remaining 20% elite. When the situation calls for it, it is difficult for more than half of the population to conjure a large amount of money on the spot.

Unfortunately, a person may be put behind bars before they are proven guilty. If your loved one ends up in prison and you have no other means to pay, don’t worry – money isn’t the only way you can settle a bail bond in Raleigh, NC.

Collaterals and Good Faith

Although bail bonds present themselves as solutions for those who aren’t financially capable of releasing their imprisoned loved ones, there are people who still can’t pay, no matter how small the amount.

Bail bondsmen allow their clients to deposit properties as collateral while payments haven’t been settled. The collateral is a deposit by the client to the company, which the bondsman value in “Good Faith” settlements to ensure that the defendant doesn’t miss the court hearings on purpose. When you get the trust of your bail bondsmen, the company returns the collateral to you in full, whether it be cash or property.

High Risks for a High Price

Properties up for collateral agreements must be valued at an amount equal to the bail or higher. Some courts, however, want the properties to have a value twice the amount of the bail. Once a real estate appraiser takes a look at the property and approves the value, a judge may grant the defendant bail. If the defendant forfeits the bond, the court and bondsmen work together to sell the property or put it up for foreclosure.

Bail bondsmen are very generous in giving their clients the means to get their loved ones out of prison. The key to keeping the settlement intact is to create a good relationship with your bondsman and follow instructions honestly.

Class Action Mediation: Essential Things You Must Know

Mediation Process Class action mediation is when multiple individuals or plaintiffs involved in a lawsuit or dispute with another party attempt to resolve their issues or difference with aid from a mediator.

If you are considering it, below are some key things to note:

Who’s the Mediator?

Both parties’ attorneys would work together to choose a neutral mediator. The mediator is typically a retired or practicing lawyer or a retired judge. He or she must be unbiased and a skilled and experienced mediator, with ample knowledge on the case’s subject matter.

What Happens During Class Action Mediation?

It would take place either in the mediator’s office, either party’s office space, or a rented space. A class action mediation typically starts off with a joint session in which everyone involved, including the lawyers and insurance adjusters (if applicable), meet with the appointed mediator. The mediator would explain the entire process and would give everyone a chance to present their side.

Following the joint session, both parties along with their lawyers would be placed in different rooms, with the mediator shuffling between the rooms to deliberate the case and offer possible settlement offers. The entire mediation process could last for half a day, a whole day, or in the course of several days.

What Happens After the Mediation Process?

If the parties agree to a settlement, both parties must draft and sign the term sheet, identifying all the basic terms of the settlement. Over the following days, weeks, or months, both parties’ lawyers would work with each other, sometimes with aid from the mediator, to draft a legally binding Settlement Agreement that details all the terms of the settlement. If the parties decide not settle, they would have to decide whether to continue with the ongoing litigation (if applicable), file a lawsuit, or schedule another mediation.

How much does it Cost?

Price varies according to the rate of the mediator and how long the entire mediation process is. In general, mediations costs start from a couple of hundred to thousands of dollars, which is substantially lower than the cost of litigation.

All in all, class action mediation is generally a practical and easier alternative to dispute resolution when there are multiple aggrieved people involved. It’s less stressful than a lawsuit and certainly more affordable. You would be free to speak up, participate directly in decision-making and negotiations, as well as have total control over whether you reject or accept the settlement terms.