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Category Archives: Laws

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7 months ago Laws , Lawsuits

The Role of a Litigation Lawyer in Handling Civil Lawsuits

Litigation lawyers or litigators are the ones who handle civil lawsuits before, during, and after the trial. They are also called trial lawyers, who may represent the plaintiffs as well as defendants. A skilled litigator will handle all phases of the lawsuit in the trial from the primary investigation, pleadings, discovery, pre-trial, trial, and settlement to the appeal process if needed. The job of a litigation lawyer may vary based on the nature of the legal dispute, the lawyer’s experience, and whether they are representing the defendant or the plaintiff.

Qualification of a litigation lawyer

Litigation lawyers may have completed their graduate degree from a recognised law school. They may have earned a three year or more duration of law school training to grab the credentials. The attorneys also may have passed the bar exam in order to enrol as an authorised litigator.

Tasks of a litigation lawyer

  • Case assessment and primary investigation

In the case of representing the plaintiff, litigation attorney will conduct a primary investigation to assess if there are enough evidence to file a lawsuit. In the case of the defendant, the lawyer will assess if there is enough evidence existing to defend the potential suit against his or her client. The investigation includes locating the witnesses, taking statements, gathering needed documents, client interviews, and investigating the facts.

  • Drafting the plea

There are various pleadings to be filed in the court on behalf of the defendant and plaintiff in a lawsuit. Plaintiff Lawyers Adelaide needs to file complaint and summons to initiate the case. Defence attorney usually drafts the answers and counterclaims in response to the complaint.

  • Discovery process

This is the phase of exchange of information between the plaintiff and defendants. This includes direct interrogation, answering written questions, and writing a penalty of perjury etc. Requests for documents, examining physical evidence, analysing information etc. comes as apart of discovery.

  • Pre-trial preparation

Immediately preceding the court trial, the lawyer needs to prepare ell by advising clients, retaining the expert witnesses, attending the pre-trial conferences, and also develop a strategic approach to the trial based on the available evidence and facts.

  • Trial

The litigators need to be fully engaged while the case is before the judge. The lawyers need to collaborate with other experts to craft an appropriate trial theme. They also should try to identify the potential strengths and weaknesses of the case and develop some persuasive arguments. Litigation lawyers may also conduct the post-trial interviews.

  • Appeal process

If needed, a lawyer also must appeal a case on behalf of the client if the trial ends up in adverse. The lawyer must present necessary evidence as to prove the incompetence of the trial court’s decision in order to get the appeal granted.Apart from these, the litigation lawyers also will take the initiative to draft the post-trial motions, preserve or identify the issues to go for appeal, develop the appellate strategies, and gather further evidence for appellate record etc. They also should take the initiative to research on the procedural issues, draft further documents, and again present the arguments in front of the appellate courts for a favourable sentence.

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Injured on a City Bus Due to Faulty Brakes? Know How You Can Now Sue the City

Did you sustain injuries due to a city bus? Did the injury occur due to faulty maintenance on the part of the government? You can now take the necessary legal steps including suing the city, manufacturer and other responsible elements. Additionally, you can also file a lawsuit against the municipality if the city is responsible for the damage and losses you incurred.

Accidents due to negligence have been on the rise in this modern and fast-paced world. In case you sustain minor to severe injuries due to negligence on the part of the city, company or an individual leading to loss of work and added expenditure, you can now enlist an auto accident lawyer and go over all the details meticulously and plan a lawsuit.     

If you want to know more about how to go about planning for a lawsuit, dive right in!

Hiring a lawyer

You will need professional help only when sufficient evidence is found that merits are pursuing the case. Your lawyer will enable you to seek counsel, and you might end up with a reasonable compensation in case the injury is a result of negligence on the part of the city which is accountable for maintenance or an individual for his breach of duty. What you must remember is to initiate the settlement or trial ahead of your statute of limitation exceeding the time limit.

Is it the manufacturer?

You might be injured on a city bus due to faulty brakes. Generally, faulty brakes are indeed the most common defect. You have the option of suing the manufacturer of the brake parts or the bus manufacturer. But more often than not, the failure by the city to maintain or do the necessary repairs absolves the manufacturer of all the liabilities. However, armed with the correct information you can initiate civil suits binding both parties as “responsible” for the damage caused.

Faulty brakes

The issue of faulty brakes can be clearly highlighted only after a thorough inspection of the vehicle. What you need to ascertain is the fact whether the accident was caused due to ignorance or negligence of the responsible party! The case of the vehicle having faulty sub-par brakes might have been known to the city council or the bus driver. Accidents due to faulty brakes are severe as it might involve other physical harm to automobiles and in extreme cases death of fellow passengers and travelers.

City negligence

The city government and the municipality are usually responsible for the maintenance and repairs on a vehicle especially if it is city owned. It is due to this responsibility that the city can be held accountable in case of any injury or grievous hurt caused to any member of the city or a visiting traveler by a city vehicle unfit according to road safety protocols. The city government is liable for the penalties owed to an individual/group with respect to the suffering, pain, loss of income and other non-economic damages. In case of a similar accident, you have to make sure through significant claims of proof that the brakes were faulty due to an institutional failure by the city government for the proper maintenance and upkeep of city vehicles.

Legally the term negligence in such cases refers to the fact that the important steps to ensure basic travel safety, repairs and replacement were not performed by the city government for a vehicle according to the standard that is expected. The government has a duty of care towards the people. The scale and the length of the possible compensation will increase manifold in the event multiple individuals/vehicle were involved.

However, you must keep in mind that a lawsuit based on negligence is difficult to pursue as the proof of burden is usually on the plaintiff. You, as the affected party has to prove it to the courtroom that the government was unwilling to ensure the safety of its own people. In case the lawsuit involves multiple parties or an entity you will need an expert witness to validate a connection between the proposed negligence and evidence acquired through investigation.

Lack of proof

There can be cases of lack of evidence for negligence as well as defect claims to pursue a lawsuit against the city government. In such cases, you have to dig deep and find witnesses. Only through witness statements can the entire picture be completed and the evidence corroborated. Even in cases where there is a certain lack of evidence, you never know what witness statements might stakeout. Mechanics, company employees, and co-passengers might just know some information or heard some fact being mentioned in the passing related to the specific fault with the vehicle. Only due to an overwhelming lack of evidence, can be case be dismissed. So it is always advisable to plan ahead, investigate thoroughly before filing a lawsuit against the city government.

It is highly important to collect as much as information possible before holding an individual, government or company responsible.

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5 Factors To Consider When Choosing A Personal Injury Lawyer

When you experience injury or trauma as a result of an automobile accident, animal bite or even an injury at work, it is important for you to hire a personal injury lawyer. This is someone who will be able to represent you in court and make sure that you get fair compensation for your injury. According to IBIS World, there are more than 110,000 personal injury lawyers operating in the US. With this large number of professionals to choose from, it can be difficult to choose the right lawyer for your particular case. To make your search a bit easier, here are 5 important factors to consider when choosing a personal injury lawyer:

  • Location

Different places have different by-laws that govern the legal system. Thus, it would be very helpful for you to hire someone who operates within your local area since they are well-acquainted with the legal framework of that area. In addition, hiring a local lawyer will also make it easier for you to meet with them for consultation. In addition, it will be easier for them to travel to the court location for the various hearings.

  • Experience

An experienced lawyer is able to properly analyze your case and provide reliable advice that will help you to win a fair settlement. Before hiring a personal injury lawyer, always make sure that they have enough experience in handling such cases. You can ask them how long they have been in operation. You could also inquire how many cases they have handled within the past year. This will give you a good idea of how much experience they have.

  • Cost

Like any other profession, lawyers usually have a specific fee that they charge their clients for services rendered. Some lawyers demand for upfront payment regardless of whether they win or lose the case while others operate on a contingency basis such that you only pay them if you win the case. It is recommended that you should find a lawyer who operates on a contingency basis since this ensures that they will remain motivated to pursue your case in the best possible way. You can visit foylelegal.com to get in touch with a personal injury lawyer.

  • Focus of practice

Personal injury law is a wide field that includes many subcategories. For instance, there are lawyers who specialize in medical malpractice while others prefer to handle animal bites cases. Depending on the type of personal injury case that you are presenting, ensure that you find a reliable lawyer who specializes in such cases.

  • Personality

Personal injury cases aren’t solved overnight. This means that you will have to spend a significant amount of time communicating with your lawyer and consulting them from time to time. For this reason, it is important for you to find a lawyer who possesses certain character traits such as good communication skills, patience and integrity.

When you consider all the factors stated above, you will be able to find the right personal injury lawyer to solve your case.

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3 Fabulous Factors To Consider When Choosing A Birth Injury Lawyer

There are many stages in life. The stages one follows depend on what they want to do with their life. For example, if you want to have a career, you will go to school and specialize in that area. Furthermore, you will be on the lookout for jobs and opportunities in that area. All your focus will go towards making that dream come true. In the same way, if you want to have a family, all your focus will go towards creating time and space in your life for them. You will search for your soulmate, get married and have children. All these are blessings. However, when it comes time to give birth, complications may arise leading to incidences of birth injuries. According to onlinelawyersource.com, 6 babies out of 1000 babies born alive in the US incur birth injuries. It is very unfortunate when such injuries are caused by negligence or malpractice. In as much as the damage has already been done, you need to be compensated for your trouble by the parties involved. Furthermore, if the injury leads to permanent disability, you need the funds to make sure the child is well taken care of. Sometimes, the parties involved may deny responsibility. That is when you need to look for birth injury attorneys. Some of the features to help you choose the best include:

  • Record

A lawyer’s record is very important. This refers to their track record. Does the lawyer tend to win or lose cases? It is important to evaluate this because it will play a big role in whether or not you will win your case. A lawyer who has lost numerous cases is unlikely to win yours. You could decide to take a chance and hire them but they might just disappoint you. However, a lawyer who wins most of his or her cases is on the right path and should be your first choice.

  • Experience

Experience is the best teacher. This is because through experience, you are able to get a feel of different situations and you learn how to handle them. When it comes to choosing an attorney from lawyers malpractice birth injury, it is important to take into consideration their experience. How long have they been practicing such cases? Have they handled cases similar to yours? Do they know which steps to take to ensure your success? A lawyer who has been put in the same position before is likely to know what to do to make sure you win.

  • Knowledge

Apart from experience, you need someone who has vast knowledge on what the law says about birth injuries. That way, they will know which defense to use in court. That is why, in order to win your birth injury case, you will need to hire a birth injury lawyer and not any other kind of lawyer. Remember that different lawyers specialize in different areas. Thus, get one that deals with what you are looking for. Otherwise, they won’t be able to defend you competently.

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7 months ago Drug Attorneys , DUI Lawyers , DWI , DWI Attorney , Laws

3 Amazing Benefits That Will Make You Hire A DWI Attorney

There are many offences one can commit on the road. The truth is that some of these incidences can lead to accidents which in turn will lead to death. Depending on how critical the accident is, one can survive with injuries or can pass on. Due to the increase of such cases, every country had to come with laws that will govern its citizens on the road. Some of these laws include obeying the traffic lights and that a driver shall not drive any vehicle when he or she is under the influence, this is according to dmv.org. These are common and reckless behaviours that can get you behind bars. However, there are lawyers whose duty is to represent you when it comes to such cases. Such cases have been classified under DUI (driving under the influence) OR DWI (driving while intoxicated). These lawyers have specialised in such cases and they are aware of what needs to be done. You should be very keen when hiring such lawyers because traffic rules vary from state to state. At least get yourself an attorney who understands the law of your state. When you have such a lawyer by your side, you will enjoy the following benefits;

  • Penalty

The common penalty an individual gets when he or she is convicted with traffic related crimes is either being jailed or suspension of their driving license. What next for you when any of this penalties are given? You will need a lawyer with experience to come and defend you and ensure that your penalty is reduced. For instance, if you transport goods from one place to another for a living, what will happen to you? Will your family go for days hungry until you are able to drive again? That shouldn’t be the case when you have a DWI Lawyer Nassau County by your side. DWI attorneys will help plead with the court so that you get a fair judgement.

  • Familiar field

Have you ever been to a new place? Do you notice how complicated it gets to ask for directions? Now imagine hiring someone who doesn’t know what they are supposed to do when you are convicted for driving while intoxicated crimes? You need to be smart and understand that law requires someone with experience. An attorney who has handled driving while intoxicated crimes before knows how the court functions. Basically he or she knows the system. They know how to look for loopholes and also argue out evidence presented in court. Don’t forget that when you hire someone who has more knowledge about something you become more confident and also you get to trust the process.

  • Legal protection and guidance

The major reason why you should always hire a DWI attorney is so that he can defend you. Defending you doesn’t mean arguing evidence alone, the attorney should also ensure that your rights aren’t violated at any given time. Whether you are guilty or not guilty, you have rights that need to be upheld until the court issues a ruling. However, your rights can’t be upheld if you don’t know how to handle yourself through the whole process. This is why you need the attorneys’ guidance. They will ensure you don’t commit any other mistake. Any attorney will tell you how important it is to respect the rule of law even when you are being convicted.

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How knowledge of legal procedures helps in dealing with personal injury

The injuries that are suffered by a person are indeed very painful and might require extensive treatment for salvaging the problem. However, when a person gets wounded by the negligence of another person directly or indirectly, then the situation is not only painful but also unfair. In such cases, the person who has sustained injuries in the accident has the right to file a lawsuit.  

The need for knowing cases of personal injury in construction sites

In a construction area, there are lots of heavy equipment as well as machinery which is used for doing several tasks. When a person gets injured in a construction site without his/her fault, then it is a case of personal injury. The different instances of personal injury in a construction site and the people who can claim compensation are delineated through the following points:

  • Negligence of the management – In such instances, accidents caused by the lack of safety gear which is to be provided by the construction company to the workers can be termed as personal injury resulting from the negligence of the management. All construction company owners ought to follow the safety protocols. If safety rules are not implemented then accidents caused will be the fault of the company owner. The negligence is not just about safety gears or protocols with respect to the workers. In a construction site, visitors can also come, and if they get injured due to the lack of proper signs, then that also falls under the category of personal injury. In some cases, trespassers also can claim personal injury caused in a construction site, but in that case, the claim will be evaluated by questioning the intent of the trespasser. Therefore, if there is any lack of attention of the company owners with regard to safety in a construction place and if that inattentiveness to detail has harmed a person then the company is liable to pay for the damages suffered by the person.
  • The fault of workers working in the site – In many instances, it has been observed that a person gets injured in a construction site due to a projectile or falling object. However, when such objects fall due to the fault of other workers working in that site then the worker whose wrong deed has caused the accident is held culpable for the injury. The claim can be filed against the worker who has caused the accident.
  • The injury resulting from faulty machinery – In a construction site, there are many machines which are being used for doing the work. However, if a particular machine malfunction as well as causes the accident then also a personal injury claim can be made. Accidents that involve the breakdown of machinery will take into account the condition of the machine which is being used. If it is found that by the construction company is using low-grade machines, then the company owner will be sent the legal notice for compensation. However, if it is found that the machine is purchased from a different company which has sold an unreliable machine, then that company will be charged with a personal injury lawsuit. However, the way in which the worker was working on or with the machine will also be evaluated to review if the worker was at fault while using the machine. In case the worker is at fault of incorrectly using the machine or not wearing the given protective gear while operating the machine then no personal injury claim can be made. For more information regarding the situations where personal injury claims can be made taking advice from Ask 4 Sam Attorney NYC is a suitable decision.

The process of filing the claim

In case of being in the unfortunate scenario where a person suffers from injuries caused by the wrong deed or mistakes of others then it is important to seek legal advice or help as soon as possible. It is always better to file the claim for personal injury as fast as possible. As a victim of personal injury an individual can go through the following points to gather information regarding the procedure of proceeding with a personal injury claim:

  • Advice from legal websites – Many websites provide free consultation on legal matters to individuals. The free consultation is not accessible for a number of times, and each person can get one session of free consultation. If an individual is unsure about the validity of the personal injury claim or does not know how to go about the legal procedure then getting a free consultation is the best way to go about it. The consultation will give the person an idea about the claim that can be made by him/her and will also enable the person to move forward with a legal proceeding.
  • Taking references of lawyers from known individuals – There are online resources where one can find many lawyers that specifically deal with personal injury cases. However, looking for references from known people is also a good idea. Taking references from known lawyers is also a good idea. It is true that all lawyers do not work in the same field of law, but they are bound to know the eminent lawyers in the field. Therefore, it is sensible to take references from known individuals.
  • The appointment of a qualified lawyer – After taking in notes from online and offline sources a person should ask some vital questions to the lawyer before appointing him/her. The qualification of the lawyer is probably the most important aspect. All certified lawyers will be attached to the legal institute of the State. However additional certification that reveals greater qualification is always a plus point. It is also important to know if the lawyer has dealt with personal injury cases before to ascertain his/her ability to handle such cases.

Wrapping things up

Therefore, taking aid from an appropriate lawyer is the best way to handle personal injury cases.

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Turning the Other Cheek Will Not Solve the Problem: 4 Common Workplace Violations You Should Be Aware Of

We’ve all heard the old saying “turn the other cheek”. To do so means to ignore a slight or mistreatment at the hands of another person. It means we ignore it and carry on trying to do our best in life, with good intentions, rather than being dragged into the negativity of a tit-for-tat situation.

Unfortunately that doesn’t always work in the real world. Sometimes if you turn the other cheek, the abuse is only going to get worse. The problem continues, or gets bigger, and people believe you aren’t bothered by it because you’ve ‘turned the other cheek’. What a nightmare!

There are situations when you have to stand up for yourself at work. Times when you need to fight back and be heard. The law believes this too, and it is on your side if your rights have been violated. Let’s take a look now at 4 common workplace violations you should be aware of, because if you’re a victim to any of these situations, you have means to get things put right through the courts of law.

  1. Personal Injury

Personal injury is probably an obvious violation to most people. What some people fail to realise is that the injury doesn’t have to be debilitating. Any type of harm or injury you suffer entitles you to compensation. Likewise there is never a time when it is okay for your employer or colleagues to get physical with you.

  1. Wrongful Termination

In the past there were plenty of people who had to endure being wrongfully terminated. This meant they had been fired for an invalid reason. There are all kinds of reasons this happens, sometimes to save wages, save face or even just over personal reasons. Regardless, you can only be terminated from your contract for work related issues. Anything else, and you might be able to sue your former employer.

  1. Discrimination

Discrimination includes poor treatment on a personal level, or limitation on a professional level. If any of this is based on factors such as your age, gender, race or sexuality, you have a great case for discrimination. There are other factors which people discriminate over too. If you feel you are being discriminated against or picked on, speak to a lawyer immediately – they can help you figure out whether your situation falls under discrimination or not.

  1. Overtime

Unpaid overtime is a big issue in employment law. By our nations laws, any worker who is engaged in duties that are necessary for their job (such as putting on a uniform or preparing the work area) must be paid while these activities take place. Likewise, if you are paid hourly you should be paid for any and all time that is worked – not just what was intended. That means if you have a 9 to 5 which regularly finishes at 6 o clock, you should be getting paid for that hour of overtime. Unless your contract states otherwise, you are always entitled to pay for time worked.

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Have You Thought of Hiring a Professional Car Accident Attorney? Below Are 3 Factors You Need to Consider

The number of accidents that happen in a year is surprising; this is according to budgetdirect.com.au. Some of these accidents happen due to negligence or ignorance by road users. Basically, if everyone took the responsibility of paying attention to what is expected of them, then the number of accidents would reduce. However, some accidents are unavoidable. When they do happen, you need your insurance company to undertake responsibility to take care of the damages. This might not be the case, especially when they suspect the accident was as a result of negligence. The only way you can handle such a case is by hiring an accident attorney who will provide the necessary knowledge and guidance. This is sometimes very difficult due to the many accident attorneys in the market. That shouldn’t worry you anymore. Below are some of the things you should always lookout for when hiring a car accident attorney:

  • Location

This might be one factor that some people ignore but it plays a very big role. Did you know that some places have different rules and regulations when it comes to driving? One of the major reasons why you should always consider hiring someone from the same locality as you are is simply because they understand the law of where you are. In addition, an accident attorney from a car accident law firm in the same locality will find it easy accessing all the relevant information. Imagine if your car accident was in another state; how long would it take him or her to get to you or even launch investigation? If they are far from you, then it will mean that they have to undergo a lot of traffic issues before they can be in the same location you are in. Save yourself time and hire someone who is near you.

  • Legal fee and needs

Every law firm or every lawyer charges differently depending on the case. In the case of a car accident attorney, you need to hire someone who you can afford to pay with ease. To avoid any financial constraints, it will be good if you sit down with the lawyer and come up with a figure that is comfortable to both of you. On top of that, you need to discuss on the terms and conditions of the payment. Some lawyers prefer an upfront fee. The upfront fee is there to show that you are committed to the case. In addition, you need to evaluate and see whether the charges are worth your needs. If the cost of hiring the lawyer is high, then he or she better meet all your needs. If the lawyer is just greedy for higher pay, then there’s no need of hiring him or her. You should try find a new lawyer.

  • Background

One of the best weapons you can find around is information. Information can be used to benefit you or harm you. When you are scouting for a car accident attorney, you need to do you own research about him or her. The background information you get you to build trust towards him. It is through background information that you get to understand the specification of the lawyer. If the lawyer is specialized in car accidents, then you can hire him.

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7 months ago Divorce , Family Law , Laws

8 Common Steps in Divorce

If you’re contemplating divorce, you may be wondering what the process is like. While varying laws will determine the divorce process, there are eight steps that you have to go through before the divorce is finalized and your marriage is dissolved completely. Here’s a broad description of these steps although there may be some alternate issues that will come up in your individual case. This article is mainly aimed at the USA – if you’re looking for family solicitors London – then we’d recommend contacting Goodman Ray to help.

  • Legal Separation

There are some areas particularly in the USA (states) that don’t allow a couple to separate legally. In these certain states you will remain married until a court of law decides otherwise. If your state allows for legal separation, when a spouse leaves the family home, you can petition your attorney to petition the court for a separation agreement. This agreement is meant to protect both spouses and children by making sure both parties can meet legal responsibilities to one another.

If your state doesn’t allow for legal separation, your first step would be to get your attorney to file a petition with the courts requesting a hearing for a temporary separation agreement order. This is done by filing a petition for a divorce.

Also as part of the process, you have to begin by filing a document known as the “Original Petition for Divorce” with your local court clerk. This document, also known as a “Letter of Complaint” in some states, identifies the parties on the divorce and any children of the marriage. The person filing the divorce is known as the “Petitioner” and the other party is often referred to as the “Respondent” or the “Defendant.”

The petitioner has to give a reason for filing for divorce. This reason in most states will often be “irreconcilable differences” or “incompatibility.”

One the petitioner has filed the Original Petition for Divorce; this document is served to the respondent usually by a local member of the sheriff’s office. The respondent then has thirty days to hire an attorney to respond to the petition. This is also the time for either party to seek protection from the court in terms of restraining orders, protective orders or other temporary orders pertaining to alimony or child support.

  • Temporary Divorce Orders

The court can then issue temporary orders or even outline specific actions that must take place until the final divorce hearing. These temporary orders can include things like spousal support, child custody and child support. These orders are legally binding and failure to adhere to them or meet conditions set by the court could lead to contempt of court charges that can lead to jail time or fines.

  • Divorce Discovery

“Discovery” is the process of gathering more information about both parties involved in the divorce. The process can vary from one state to another, but will typically consist of the following four steps;

Disclosure: The attorneys for both parties request certain items from the other party. Usually a list is sent to the other party who has 30 days to comply.

Interrogatories: The attorneys send a list of questions to other party. Most states will limit the number of questions and each party has 30 days to answer.

Admission of Fact: A list of facts is sent to the other party and they have to either admit or deny each fact.

Request for Production: this is a legal mechanism that is used to obtain documents like bank statements or any other documents the attorney thinks will benefit the case. The party receiving the request has 30 days to comply.

  • Depositions

During depositions, both attorneys will take sworn statements from the opposing parties and any witnesses. Anything said during a deposition can be used in court and any agreement is also legally binding.

  • Divorce Mediation

For some people, this is as far as they get in the divorce process. In mediation, both parties and their attorneys meet to discuss the conflicts in the marriage and come to an agreement that satisfies both parties. A court-appointed mediator or arbitrator is present to negotiate a settlement.

  • Divorce Court

If mediation fails to produce an agreement suitable for both parties, then a trial date is set. Both parties will get a chance to argue their case before the court. Witnesses can also be called upon to back up your claims. The judge will examine the evidence and make a decision for divorce or settlement. A judgment is often rendered in 14 days.

  • After Divorce Court

Once the judge makes a decision, the parties will sign the final divorce decree. This determines how any marital property will be divided, any order about child custody, child support amounts and any spousal maintenance ordered by the court. During this time, you can request changes to the decree before signing.

  • Appealing a Divorce Court Order

If you feel that the divorce was unfair, you can file a motion to appeal the order. This is usually filed with the same judge and you should therefore not be surprised when the courts deny your motion since most judges will not set aside their own orders. If the motion is denied, you can file with the state appellate court.

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7 months ago Crimes , Criminal Law , Fraud , Laws

Types of Prison Sentences in the UK

The UK government has different types of prison sentences, that are given out to both adults and young people in court. Learn about all of them, in this post.

When the law is broken, and a person is sentenced for a crime, there are varying degrees of prison sentences given. In the UK, our criminal justice system encompasses different types of prison sentences, for those found guilty in a court of law. As each crime is different, some less serious than others, there must be different forms of prison sentencing in place.
We’ve spoken to THB Legal, leading solicitors in Chelmsford serving Essex and East Anglia, about the different kinds of prison sentences there are in the UK. In this post, we will examine what each of these sentences entails, including length and conviction. Learn all about the prison sentencing process, right here.

1. Concurrent and Consecutive Sentences

In cases of criminal law, where the person is convicted of committing more than a single crime, these prison sentences are called concurrent and consecutive sentences. The difference between them is that concurrent sentences are sentences served in conjunction with one and another, where us consecutive sentences are served one after the other. So, if a judge or magistrate sentences the person to a concurrent sentence of one crime equalling 2 years and another crime with a sentencing of 4 years, they will be imprisoned for 4 years in total (as the sentences are served at the same time). As for consecutive sentencing, if the same person has committed one crime and been sentenced for 2 years, with another crime committed where the sentencing is 4 years, they will serve a total of 6 years in prison.

2. Suspended Prison Sentences

Suspended sentences are when the person deemed guilty, serves their sentencing outside of prison – in the community. This comes with conditions of service, including having to refrain from going near a specific place or individual or doing unpaid work for the community (known as community payback). In suspended prison sentencing cases, if the person sentenced breaks the conditions of their sentencing, they can be put into prison. Those on suspended sentencing must adhere to certain requirements, including activity, unpaid, curfew and residence requirements among others (specified by the judge or magistrate on sentencing). Suspended prison sentences are usually for less severe criminal charges.

3. Determinate Prison Sentences

This type of prison sentencing specifies a set, fixed length of time. Determinate sentencing is given by a judge or magistrate where the person convicted serves for a fixed length of time. There are some exceptions, but usually a determinate prison sentence must be served in full. However, for sentences of over 12months, the first half of the sentence is carried out in prison. Then, the second half of the sentencing is carried out in the community. Similar to suspended sentencing, there are some criteria that must be met. If the person convicted breaks the conditions of their second half community sentencing, they can be placed back into prison. Similarly, for cases where the determinate sentence is under 12months, the prisoner is usually released half way through their sentence.

4. Indeterminate Prison Sentences

Contrasting determinate prison sentences, indeterminate sentences do not have a fixed period of time for sentencing. For those incarcerated, this means that they will not have a date that they are released from prison. The judge will provide a set amount of years that are the minimum that must be served, also known as a tariff. Once the tariff has been served, they will be considered for release. A Parole Board will decide if the individual is allowed to be released, after their tariff has been served. A collection of individuals will determine whether a prisoner can be released on parole, taking into consideration the safety of the public should this person be released. They must assess if they are going to be able to re-enter this person into society without any negative impact on the public.

5. Life Sentences

For the most severe of cases, courts must give life sentences. A life sentence is given in cases of murder but can also be given for other severe cases included bank robbery and rape charges. Life sentences usually are served for the remaining duration of the individual’s life. Should they be considered for release, if they commit another crime whilst out of prison, they can be returned into prison at any given time. If the court gives a whole life sentence, the convicted person is not considered for release, under any circumstances. There is no minimum term and no chance for release. If the judge deems the case serious enough to grant a whole life sentence, the convicted will serve the rest of their life in prison (without chance of release).

6. Sentences for Young People

All of the sentences above are for adults (those over the age of 18). Those ages 17 and under receive different sentences for crimes. Firstly, there is detention and training order, given to those aged between 12-17. The sentence ranges from 4months – 2 years. The first half of the detention and training order is served in custody, then the second half will be served whilst they’re in the community. However, for crimes more severe, like violent and sexual crimes, young people will receive an extended sentence. Young people given an extended sentence may spend a long time in custody. When they are released, they will be placed under supervision. This supervisory period lasts, again, for a long time. They are usually tagged in this period to be monitored.

Finally, for cases of murder where the person is young, courts will set a minimum amount of time for the young person to spend in custody. They will be unable to apply for parole until this minimum sentence has been served. Should they be released, they will be under supervision for the remainder of their lives. For other serious crimes, young people can be given the same sentence as an adult, including life sentences.

These are the different kinds of prison sentences for those convicted in the UK.

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