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The Law Behind Debt Consolidation Loan To Help You Get Rid Of Debt In 2018

Nobody in this entire world would like to be in the shoe of a person, drowning in debt. Everyone wants to get rid of it. Debt is no doubt costly and might prevent you from reaching any of your financial goals. Some people might consider credit card debt to be bad and student or mortgage loan to be good examples. The truth behind it is that having any form of debt means you are financially beholden to creditor and cannot put money in own pocket, until the obligations are met well. The market comes up with various options when you try to make decisions in eliminating debt. The legalized options under state and federal governments might work their way out as well.

Some legal norms to apply:

In case, you are drowning financially, you have legal rights to declare bankruptcy. The issue over here is that bankruptcy is always a serious derogatory mark on credit. It will not prevent you from procuring any credit in the near future and with time can actually make some credit products unavailable to you and others. It might come in hand at a rather steep price. Moreover, always know that not all debts can be discharged under the term bankruptcy, even if you want to. You might have to heard towards debt consolidation loan reviews for some best help over here.

  • The next easy but harmful way is to ignore debt completely and make it foreign to you. Collection accounts will fall off credit report just after 7 years.
  • At this point of time, delinquency stops just affecting credit any further. Then what is the catch here? The credit is the one over here, which is going to suffer drastically in the meantime.
  • As you are legally obligated still to pay debt, the collector can easily pursue you until statute of limitations might run out in state where you actually live.
  • The best strategy, which can prove to be the best choice for you, will solely depend on your own circumstances. The option over here is to pay off debt completely.

Credit card based debt relief:

You might have heard that some of the creditors are actually willing to settle debt for pennies right on dollar. The reality is somewhat a tad bit different. Credit card debt forgiveness is stated to be tricky and rare and can prove to be rather costly in nature.

  • You might have to be first in some serious arrears. Then you can always convince creditors that you do not have to convince creditors that you do not have means to repay debt and the situation is likely to change a bit.
  • If you can actually manage to work out of debt settlement agreement, the creditor is all but guaranteed to report forgiven debt to IRS. The forgiven debt is mainly considered to be taxable income around here.
  • The current amount of tax that you actually owe on forgiven debt will solely depend on adjusted gross income and tax rate. Even if you fall under the low tax bracket, you can easily face huge bill to IRS.

The current debt settlement based process will involve long term and hard core debt collection attempts by creditors and some serious credit score damage to last for multiple years. Some of the major debt consolidation firms like Freedom Debt Relief or National Debt Relief can help you big time in terms of a fee. They might instruct you big time to stop paying bills and leaving you open to lawsuits by creditors.

Make ways to get out of debt at a faster rate:

In case, you are planning to pay off debt at a faster rate, the best way to do so is two-prolonged approach. You can follow anyone you like and things might work out best for you big time for sure.

  • You can always make changes in the budget, like earn more and spend less. It can help you and afford you to pay more towards debt on monthly scale.
  • You can further reduce cost of debt so that greater portion of each payment can be well applied to principal balance.

Catch up with the field of debt consolidation:

This process, in layman’s term, actually means taking out new loan, which is large enough for repaying some or all of outstanding debt. You get the money, pay off accounts and then make single monthly payment to pay off new debt.

  • Debt consolidation helps in making perfect sense for people, willing to make one payment each month instead of going for several. It is for those people who can actually lower amount of interest they might have to pay by taking new loan.
  • There are some online debt payoff calculators used for figuring out the amount and time you need for paying off debt completely and be debt-free for a change. It is a great way to check the number of years it takes to pay debt off, mainly with high interest credit card debt to make smaller and minimum monthly payments.

Be sure to pay off credit card based debt well and on time:

There are various ways to pay off credit card debt and taking debt consolidation loan is one of those proven ways. You can further take out home equity loan from mortgage lender or can try opening new credit card and then transfer balances over. The latter one might come with 0% of the introductory interest rate. It will provide various months or more for paying down balance interest free.

This solution is designed to help simplify the financial life or just lowering cost of the debt. It can work out on these two options together as well. The only thing to check over here is the kind of legal activities you have to follow and be sure of the norms to consider first. This will save you from any of the legal issues later on while associated with this procedure.

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Lawfully Working On Credit Repair Through Debt Consolidation Loans

You cannot deny the fact that life is expensive. When the volume of those monthly payments and bills are threatening the day to day lives, trying to balance the finances can prove to be a difficult task. Therefore, it is not a rocket science to know that credit repair is actually taking a back seat to make the desired ends meet. Whenever you feel yourself deep down in debt and nowhere to go or find any help, debt consolidation seems to be the perfect solution to search for.

You cannot just start working on such relief help without any prior knowledge. You need to be aware of the laws involving this kind of loan relief help and work accordingly. A single mistake can land you in jail or burden you with more fees. To know how important debt consolidation is and how it can help you during crucial times, you are asked to get towards debt settlement reviews for help. Things will definitely start to work out well and right in your favor.

Time to learn more about debt consolidation section:

The current act of the debt consolidation is rather simple. Other than paying off various loans with different interest rates, the balances are actually lumped together right into single loan with fixed or lower interest rates. Most of the lenders might offer you with both assets based secured loans and some of the unsecured personal loans too. It is mandatory to know more about the differences before the matter gets out of your hand.

  • The most common form of collateral for the asset based secured loan has to be the home equity of the borrower.
  • Let’s take one example. The Larkins are known to have a current value of $45K of unsecured form of credit card debt. Even though they can make minimal monthly payments for help, the variable interest rates on each of their five separate credit cards will make it difficult enough to pay down the debt on time.
  • Just for the solution, they actually decide to use the home as proper collateral for securing that $45K loan. The result comes with a fixed interest rate, making it easier for them to repaying the money on time and without any hassle at all. The current home equity loan will allow them well to pay off credit card based companies and focusing solely on one loan.

No matter whatever type of loan you are actually rooting for, the goal will always remain the same. It will revolve around one loan, resulting in one payment.

Checking on the pros to decked right in:

Along with adding to the security of the single loan in lieu of so many, there are so many benefits involving around the field of debt consolidation. So, you might want to get onto those points as well, before you end up with a cover under debt consolidation to work out with.

  • Always remember that higher credit score is almost always the result from the lowered forms of credit card balances. You can safeguard that with the help of debt consolidation loan.
  • It comes with a fixed interest rate. If not fixed, then the interest rate will definitely be a lower one. So, it will help you to pay less every month.
  • You further have the proper ability to just pay down debt in an aggrieve manner with focus relatively on the primary credit card repair.
  • Forgoing hassle of scheduling multiple payments on monthly scale is another benefit which comes with debt consolidation loan. It can further help you with avoidance of various late fees and even bad credit consequences, which will come handy with continued missed payments from your side.
  • There are some chances of possible tax breaks too on the loan interest. If you ever decide to use the home equity or secure any second mortgage, debt consolidation will be of prime help in this regard.
  • Moreover, you cannot avoid the ability to save some money right on emergency fund while paying the debt off in style.

Checking out on the cons:

Now, when it comes to debt and debt saving solutions, not all can be flowers and roses. There are some thorns in it as well. Just like any of the debt saving solutions, there are some issues revolving around the field of debt consolidation as well. So, just like you have learnt about the pros just now, it is great to jump into some cons as well. It will help you to make the right decision when the time demands so.

  • You might have to pay more with every passing time. With lower interest rates, consolidation loans will come with lengthened payment terms. Even though you might have to pay less every month, the years added to loan life will force you to pay more with time. This is a point that you need to cater for.
  • Plateaued interest rate seems to be another con to consider while dealing with this form of loan. The goal over here is likely to pay quite less every month and secure lower interest rate. It might be a bit difficult to find such rate that solves all kinds of financial troubles. Unless the current debt is likely to be attached to higher interest rates, it might prove to be wise to just skip consolidation.
  • Secured loans can prove to be sometimes more preferable to unsecured ones. However, to make sure this option is what you have to deal with, guaranteed repayment is always important to know first. Remember that unpaid credit card debt can always subject to collections. On the other hand, any unpaid home based equity loan is dangerous and can give rise to foreclosure. So, make sure to think wisely about financial situation before putting your roof on line.

Going through the pros and cons will help you big time with the debt consolidation help. Now you know which one to choose and which one to say goodbye to.

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Avoiding Debt Consolidation Scams Watch Out for These Signs When Seeking a Company

According to debt.org, it is no secret that debt is now one of the most prevailing issues for millions of people in America, as more than 120 million Americans today deal with credit card debts spearheaded with outstanding credit card balances. With the ever-evolving interest rates along with the never-ending escalation in the housing, medical and other utility costs, more people are looking for debt relief programs. There are particular companies in the finance domain that render services in debt relief which deals with resolving debts for the clients and providing them with lower monthly payments.

Needless to say, when you hear such claims in the market, a part of you think that these are true, while the other part acts skeptical. There are certain agencies that run scams in the name of debt relief options, particularly debt consolidation and offer you debt management instead with a hefty upfront fee. However, opting for debt consolidation company that works under the bright daylight complying with the law and following the ethics is a great option especially when you are dealing with multiple debts at the same time.

Here is a guide that will help you in learning what to look in a debt consolidation company, the laws guiding debt consolidation and what to avoid.

What Is a Debt Consolidation Company?

The professional debt consolidation companies in the U.S. offer services in debt relief by helping you to combine your multiple loans and provide you with a new loan at a lower rate of interest. Such a program serves as an effective alternative to other solutions such as credit counseling, debt management, and debt settlement. Apart from that, when you work with a reliable debt consolidation firm, there is likely to get an expert’s help in negotiating with your creditors and resolve debt in a much effective manner, saving both your time and effort.

Debt Consolidation: FTC Rules and Regulations

FTC or the Federal Trade Commission has endowed a strict set of rules administering for-profit operating firms in the debt relief business. Also known as TSR or the Telemarketing Sales Rule, it is astutely designed to save consumers from unethical companies that appear to provide debt consolidation services. As there are many different aspects related to the laws surrounding debt consolidation, the most important TSR provisions are:

Avoid Paying Upfront Fees: Organizations cannot ask for a fee for their offerings until they have resolved the loans of the customer or provided what they had promised in the beginning. The consumer and the creditor must come to a written agreement regarding the settlement and the customer must make a single payment to the creditor prior to the collection of the fee by the debt consolidation firm.

Learning What You Are Getting: The debt consolidation firm must provide you with an overview of their offerings where they should grant information regarding how long will it take to achieve the results and what will be the estimated cost of the service along with the negative aspects of availing the program will be which varies according to the customer’s loan and credit situation.

Misleading Services: Organizations are strictly prohibited from making any sort of false claims about their programs in order to try to attract new customers. These unethical claims include their offerings and how much it costs, as well as, the overall success rate of the program so far.

Entrusting your financial future to the hands of a debt consolidation company may go wrong if they violate these rules and regulations. Hence, it is really important to rest assured of working with an organization that is known for its credibility in the market and has gained a huge debt consolidation rating.

Due to the changes laid out by the governing bodies, most of the unethical firms have fled the business. However, it is important to safeguard your financial future and keep these signs of a scam in mind when seeking assistance from a debt consolidation firm:

Guarantee to Eliminate All Your Debt

There are many questionable companies that will provide you with an assurance of paying off your debt effortlessly. However, it goes without saying that debt consolidation is an effective financial tool to get rid of multiple payments and a higher rate of interest; it is still a loan that you need to repay. A reputable debt consolidation establishment is outfitted with the motivation and desire to work hard and obtain the best result possible when it comes to client service. If you do not find a company that is being open and honest about its working procedure and results, it is a big red flag.

Claiming to Prevent Lawsuits and Creditor Calls

The beginning stages of debt consolidation are really eventful and challenging from both the ends of the company and the client. The debt consolidation program requires a great evaluation of your debts in order to combine them into one. The creditors, on the other hand, might keep calling you on a frequent basis or even threaten you with lawsuits. A professional firm will guide you throughout the procedure and address the concerns, but will never claim to prevent the collector calls or legal actions.

Advising You to Stop Interacting with Collectors

Even though it is easy and convenient for a firm to tell you not to be in touch with your collectors, it might not always be the best interest for your situation. A reliable debt consolidation firm leaves the decision up to you and they offer you guidance while communicating with the creditors. Besides, there are experts in the organization who also offer information on how to best manage any conversation you need to have with the collectors.

Conclusion

Finally, it is important to remember that it takes time to resolve your debts and take your finances at the exact position where you want them to be. This is largely determined with the type of debt consolidation company you work with that follows each and every rules and regulation laid out by the governing bodies.

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12 months ago Law Firms , Laws

3 Shocking Factors That Will Guide You To The Best Law Firm

Law has grown to be one major fields that offer a lot of employment opportunities to people, this is according to careerprofiles.info. Law as a career is very wide and has a lot of fields an individual can specialise in. However, you are always advised to pick a field or a section in law that you are able to handle. Some have gone ahead to choose family law and they are now handling divorce cases and child custody cases. Other specialised lawyers include corporate lawyers, property lawyers and criminal defence attorneys. Sometimes, lawyers can put their eggs in one basket and form a law firm. This is a way of making their services readily accessible by clients. You will enjoy it when you get several lawyers serving under one firm, unlike when you have to walk from place to place just to get yourself several lawyers. If you plan to hire a lawyer from a law firm, then you will need to evaluate a lot of things in that law firm. Some of these things include;

  • Ability and services

If you have done shopping in supermarkets, then you will understand the concept of the same businesses offering different products. Basically, law firms might seem similar because they are all offering legal representation. However, what differentiates them is the ability of what they do and the services they can offer. Some law firms can’t handle a certain type of case yet some can. Some law firms can represent you in foreign countries and other law firms are unable to do that maybe because they are short of resources. That is why you need to be sure of the law firm you intend to hire. The other thing you need to evaluate is whether they offer specific services. You need to understand that just because they are law firms, it doesn’t mean they offer everything. Some law firms might not offer a certain type of lawyer that you need. So, it is up to you to decide on what you want. For instance, of you want a law firm that can help you handle medical negligence during birth then you can hire Ray Gupta & Associates law firm.

  • Experience

The reason why you might hire a particular law firm and ignore the other is because of experience. Its very simple, some cases require the lawyer to understand the law to a certain depth. This is something that you might not get from someone who just gotten his or her license. Just look deeper amongst the law firms around your area and you will get the one law firm that has been around for a while. In addition, experienced law firms have made friends over the years. Thus, they can help speed up your case.

  • Your needs

Why would you walk to a shop and buy something that you don’t need? You need to be sure of what you want when it comes to getting a law firm. There is nothing as terrible as hiring a law firm only to realise that they can’t help you in particular fields. To save yourself from such disappointment, just have a list of what you want and then evaluate each law firm in relation to what you want.

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12 months ago Immigration Law , Laws

3 amazing tips to use when choosing an immigration attorney

There are many professions in the world. This is so that everybody can choose the career that fulfills them and makes all their dreams come true. Apart from making one’s life complete, the different careers and professions allow people to specialize in various fields of study. Thus, this creates a system where you are able to get help from anyone depending on what you need without having to search too far. For example, if you are sick, you can get help from a doctor and if you are in any legal trouble, you can get help from a lawyer. However, some careers are wide in terms of fields of specialization to enable you to be served better. For example, in law there are many types of lawyer; property lawyers deal with real estate while immigration attorneys deal with matters of deportation and citizenship. When choosing an immigration lawyer, you need to act fast so that you can get the services that you need before your situation gets worse. This means that you have to choose a lawyer with good characteristics that distinguish him or her from all others in that profession. Some of the things that you should consider doing to help your search include:

     o Reviews

Thanks to technology, there are so many websites that offer reviews on different subjects. This includes the best lawyers to hire. Before you hire your immigration attorney, you should try and find a review about them. This will help you know the type of person that you are dealing with and how you should prepare yourself. Furthermore, you can also visit the lawyer’s website and check out what their former and current clients have to say about their services. Don’t ignore this information as it may end up saving you from hiring the wrong lawyer for your case.

     o Interviews

Before you hire anybody, it is wise to conduct an interview with them. This is to allow you to find one who matches your needs, according to thoughtco.com. You should do this interview face to face and not over the phone if possible. This is so that you can observe their facial expressions as you ask what you want to. Don’t be afraid to compile a list of relevant questions for the attorney in question. It is their job to put your mind at ease and convince you that you should hire them. However, if the attorney seems unfriendly, consider finding another option.

     o Experience

Experience is the best teacher. Through experience, people are able to learn from their mistakes and adopt new strategies to prevent them from making the same errors. Thus, it is important to find an immigration attorney with the right amount of experience. Such a person has handled his or her fair of cases and knows how to handle such cases. You will be in safe hands with such a person. Furthermore, you should also consider finding out their track record. It is better to hire a winner as you stand a better chance in court.

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Understanding Legal US Gaming & Licensing Jurisdictions

The internet has brought the whole world closer.  So many things have changed in a global matter since the invention of the internet and in light of its startling growth rate, most people from countries around the world have access to the wealth of information and plethora of connections available through the internet.  However, online gambling like joker casino has many restrictions, jurisdictions, and laws that prevent most of the world from participating.  The United States is no exception to those restrictions, although things are progressively changing.  

Below are some thoughts and steps to understanding said jurisdictions and licensing practices across the U.S.  First let’s talk about what licensing and jurisdiction is exactly when it comes to online gambling sites.  

Regions all over the world who have certain laws in place to allow online gambling are regulated by their specific governments.  Companies running online gambling websites are under the thumb of regulation administered by its government. There are even regulations on companies who supply software used by online gamers and bookmakers.  All of these regions around the world are termed online licensing or online gambling jurisdictions and the organizations responsible for giving out these licenses are mostly known as licensing authorities.  

If you have an online gambling site and you want to keep things on the up and up then you need need to obtain and maintain a license for gaming which is issued by the proper authority for gaming licenses.  Then, the online gaming site will need to have at least some of its business and operations running within the jurisdiction in which it is registered.   After that, any company offering these gaming services shall comply with the laws and regulations that apply to where they are based and where they were granted a license.  

Some might think that the more restriction a region or state has the worse off it is, especially for the player.  However, this is not the case. Most of these licensing practices and restrictions are there for your protection. Furthermore, some companies opt for operating their business in less restricted regions and jurisdictions simply because they can get away with things that they wouldn’t be able to otherwise.  

For instance, they can decide not to pay you by using certain loopholes is less strict areas.  They can use these tactics to delay payment or pay less than what you might have won. The good thing about this is that you can look for websites that are blacklisted.  There is a compiled list of these sites all over the internet, and you should always check whenever you are signing up with an online gaming site.

So, that being said, let’s discuss the legal gaming and licensing jurisdictions in the U.S.

One thing we must talk about is the Wire Act of 1961 or the Interstate Wire Act.  The Wire Act basically states that anyone who engages in betting and or wagering and uses a wire or phone intentionally across state or foreign borders or anyone who sends or receives money as a result of a bet on sports or any other contest can receive fines and a possible prison sentence of up to two years.  

There was some uncertainty as to whether this applied to internet gaming or not.  Up until the early to mid-2000,s, there didn’t seem to be a problem with online gaming since the internet wasn’t invented yet when they wrote the law.  However, in 2006 the Unlawful Internet Gambling Act passed Congress and brought some changes.

The Unlawful Internet Gambling Act didn’t state that it was illegal to gamble online.  But, it does state that banks and other financial institutions cannot process any transactions for U.S. residents and online gaming websites.  What happened next was a mutiny of sorts and most of the websites currently conducting business with U.S. residents jumped ship. They simply didn’t want to mess with the government and the other powers that be.  

There were some sites that pushed on and kept up business with bettors from the U.S.  There was a loophole for those who pushed on. They were based in jurisdictions in which betting and taking bets online was legal and licensed.  As far as the American people making bets, it was about a 50/50 split on who stopped gambling online and who didn’t.

That brings us to where we are now, which is that many states have legislation that says online gambling is legal.  There are even a few states that give out gambling licenses to website operators as long as they only take bets from people located inside their own state.  

It is probably an understatement to say that things are still a bit murky when it comes to U.S. gaming licenses and jurisdictions, although things are becoming more clear with each passing year.  States in which it is completely illegal to gamble online are; Illinois, Louisiana, Indiana, Montana, Oregon, South Dakota, Wisconsin, Washington, and Maryland.  And according to New Jersey and Nevada statutes non-state regulated online gaming is illegal.

Maryland and Washington are leading a push to rid the internet of online gaming altogether.  If those states have it their way, there will be a ban on internet gambling nationwide.

The rest of the states have several different types of law which allow online gambling in some form.  However, these laws can be fairly confusing and sometimes a bit contradictory in some states.

It should be stated that most of the anti-gaming laws in many states are pointed at bookmakers and purveyors of online gaming sites, not citizens placing the bets.  Although that doesn’t mean that a person placing a bet can’t get in trouble at the end of the day. So it’s best to have a grasp on all of your state gambling laws and remember which jurisdiction you are in at any given moment if you are placing a bet online.  

There are typically three categories of gaming and licensing jurisdictions in the United States and they are as follows.

Citizens can place bets at designated pari-mutuel facilities on games such as e-bingo.  You can also play video poker and video slot games at tribal venues.

A state like Massachusetts has no wording in any of its laws stating that online gambling is illegal.  There are very few regulations in Massachusetts when it comes to all forms of gambling, especially online gaming.  

Then there is the most widespread category, the middle of the road so to speak.  These states have cloudy laws which are confusing to even astute online gaming connoisseurs.  It is often hard to fully grasp the gaming and licensing jurisdictions in these particular states.  And yes, they are often changing and conflicting.

The best things to keep in mind are that like mentioned above most laws are aimed at entities taking the bets instead of those placing them.  However, the best thing you can do is thoroughly read through your own states’ gambling laws and jurisdictions before participating in any form of online gaming.

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12 months ago Laws , Law Firms

Steps involved in law firm acquisition explained

Acquiring another business is such a boss move by business owners, one that has been implemented over time. The acquisition process is often embraced as an opportunity to grow profit margins, and reach out to a broader customer base. However, the process is not entirely free of complexities and challenges.

For a successful acquisition of a law firm, basic steps are necessary for the consideration, for both buyers and sellers. While mergers and acquisitions happen across all fields, these acts are becoming more and more common in the law firm. As a company seeking to expand your territory by acquiring a law firm, here are several steps you need to be aware of:

Goal setting

Coming together of two different entities is not an easy process. Therefore, the very initial process of acquiring a business should be guided by certain principles and goals that motivate the action. Other than the need to improve profit margins, the business owner buying a law firm must have a clear vision articulated as a goal. It is not enough to have a vague goal like to expand your business. The goal-setting process should cover other dimensions like the long-term projections you intend to realize from the acquisition process.

Involve experts

Once you have an Acquisition opportunity, it is important to remember that the process of acquisition is a complex one that requires expert opinions and intervention. Once you are past the setting clear goals for the acquisition of a firm, the ensuing phase of implementing and achieving the goals can get overwhelming.

Ideally, a business attorney would best serve as the expert to guide you through the acquisition process. The essence of this step is to consolidate the proficiency of the acquisition processes, particularly concerning the terms under which a business owner can gain complete ownership over the law firm in question.

Comprehensive due diligence

The acquisition of a law firm requires extensive due diligence from the buyer. It is not enough to believe the information that the seller says about themselves. Before you begin to draft a final purchase agreement and finally close the deal, make sure you indulge in thorough independent checks on their financial records and projections, third parties involved in the law firm to be acquired, among others.

Performing your due diligence comprehensively is beneficial in making informed projections for the future of the venture, eventually affecting the success or failure of the entire transaction.

In-depth negotiations

With the right target for your law firm acquisition transaction, you cannot close the deal until you have had in-depth talks. This stage is crucial in realizing the terms and conditions under which the venture will exist. This step is a critical phase where the involvement of the experts for legal counsel will benefit your entire transaction. The agreements resolved in the negotiations should adequately meet both your short-term and long-term needs.

After you have thoroughly handled this step, you can close the deal and get working on ensuring the successful merger or acquisition.

Overall, the process of successfully acquiring a new company can overwhelm all business owners of any capacity. The important part is to retain the counsel of the experts throughout the process, should any issues challenge you.

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1 year ago Criminal Law , Laws

What You Need to Know About Your Criminal Attorney: 10 Factors You Need to Consider Before Hiring a Criminal Attorney

If you have a need to retain the services of a criminal defense attorney, it may be the most consequential decision that you make in your entire lifetime. When you hire an attorney, you are not just employing an attorney, but you are also hiring the person and the background. There are many factors to consider when you select a lawyer that will help you make the right decision. Here are some of the things that you should think about before you choose your criminal defense attorney.

Reputation

Most importantly, you will want to hire a lawyer who has a solid reputation among their colleagues and in the legal community in general. Stated simply, in the legal community, perception is the reality. It follows that a lawyer is their reputation. A competent and professional lawyer will be thought of as such by their colleagues. You can get a sense of a lawyer’s reputation by asking their colleagues about them. In addition, there are reviews of a lawyer that are available in the public domain. These reviews can give you a sense of what it is like to work with the lawyer.

Specialty

When you are seeking a lawyer, it is best to hire someone who specializes in the area of law that you need. When it comes to criminal law, you will want to find someone who is a dedicated criminal defense attorney. It is best not to hire a legal generalist for a matter as vitally important as a criminal defense. There are considerations that are specific to a criminal proceeding that a lawyer must know, and they learn these skills by practicing in the area every single day. Hiring a corporate attorney will not help you achieve the best result in a criminal matter.

Experience

Similar to the need to hire a specialist, you should also make sure to hire a lawyer with the right type of experience. There is no one-size-fits-all criminal defense lawyer. You could need a lawyer who specializes in white collar matters. Alternatively, you may require a lawyer who handles a different type of case, such as a DUI. Make sure that you know what type of criminal lawyer you are hiring before you sign the retainer agreement because one type of lawyer may not be able to handle your specific case.

Qualifications

A lawyer’s background may also be able to tell you something about the quality of the lawyer. Check the attorney’s educational pedigree and some of their professional qualifications and then read more about the attorney. While there are many good lawyers who graduate from lower-ranked law schools, you have a better chance of success when you retain a lawyer who excelled at a top law school.

Connections

If you are in the midst of a complicated matter that may require some negotiation with law enforcement, you may want a lawyer on your side who you know has some connections with those agencies. For example, a lawyer who formerly worked as a prosecutor may have some connections in the prosecutor’s office. If your attorney has worked with these offices before in any capacity, the prosecutor or law enforcement may be more willing to negotiate and deal with your attorney.

Cost

While criminal defense is not an area where you should seek to cut corners and costs, you also do not have an unlimited budget and do not want to emerge from any proceeding financially destitute. It is important to weigh the benefits of the lawyer versus the costs to retain that attorney. You should be conscious of the fact that you could run out of money during a long proceeding, and if that happens, you may be forced to seek new counsel.

Payment Requirements

An outgrowth of the consideration about cost, certain lawyers may have requirements of how their fees are paid. Each lawyer will require you to pay a retainer. Some lawyers may require a larger retainer up front that you will need to come up in order to hire the lawyer. The attorney may offer a payment plan that will make it easier to pay the legal fees as they arise. This will make it easier for you to keep your lawyer throughout the course of the proceeding.

Manner

You will have to interact routinely with your lawyer during the course of your proceeding. The lawyer explains the law to clients and acts as counselor and adviser. It is essential that you are comfortable with the lawyer and have some sort of rapport. A criminal proceeding is uncomfortable by nature and you will need a lawyer who will put you at ease as opposed to making your life even more difficult than it already is at this point.

Responsiveness

One of the worst things that a lawyer can do is fail to return phone calls and emails. In fact, a lawyer is under a professional obligation to adhere to a certain level of responsiveness to their clients. You will be able to tell how responsive a lawyer is while you are vetting them. Ask point blank how long it takes a lawyer to respond to emails and phone calls. While it is unreasonable to always expect an immediate reply, a certain degree of responsiveness is expected.

Free Consultation

Although it is not necessarily a make-or-break factor in choosing which lawyer to hire, the ability to get a read-out on your case without incurring a bill can be helpful. In addition, during a free consultation, you should be able to get a sense of how a lawyer approaches an issue and interacts with you. A consultation can enable the lawyer to gain your confidence and trust without charging you. This is almost like getting a free sample of legal advice.

When you make such an important decision, it is essential that you approach it critically and paying attention to all of the potential factors. Sometimes, the right lawyer can make a difference in the legal outcome of your case. Certainly, this is not a decision that you can make with your eyes closed. By weighing all of the factors, you can end up with the right lawyer for you.

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1 year ago Divorce , Family Law , Laws

False Domestic Violence Allegations: How You Can Avoid Wrongful Allegations

Joe was married to a wonderful woman named Diana. They were happily married for 7 years. Then, one day, Joe learned that his wife was having an affair with her boss. After she admitted the truth, they separated. He was beyond broken. But he would still go to her house at night and beg her to take him back.

After months of begging, Joe accepted the fact that Diana was not coming back and so, he finally agreed to cooperate in the divorce proceedings. He thought that it was an amicable breakup, until his lawyer notified him that his ex-wife accused him of domestic violence. To prevent the claim from reaching the court, Joe eventually settled. He gave his cheating wife the house and full custody of their two kids.

One of the best things that happened in the 21st century is the protection of women’s rights. But sadly, the laws governing domestic violence are used by many women (and their lawyers) to get a favorable settlement in divorce. A lot of women use these laws to turn their kids against their dad or to get attention. Some vindictive women falsely accuse their former partners of domestic abuse to get even.

Spouses are not the only ones who can file domestic abuse claims. In fact, people you have dated, your ex-spouse, roommates, a person you had a child with, your kids, grandchildren, and even your siblings can file a case of domestic abuse against you.

Being accused of domestic violence can wreak havoc in your life. You could go to jail or lose your job. You could lose most of your marital assets. You can lose custody of your kids and the respect of the people in your community. It can ruin your reputation and your future. Remember that domestic violence is a criminal offense and having a criminal record can negatively affect your ability to get a job or obtain decent housing deals.

When you’re accused of domestic violence, temporary custody of your children automatically goes to your partner. You’re not allowed to contact your kids or your partner while the trial is ongoing and the family home automatically goes to the accuser. You’ll be required to enroll in an anger management program. Also, a recorded domestic abuse restraining order may cause you to lose your civil liberties such as the right to carry a firearm.

Plus, domestic violence can be proven by what is called a “preponderance of evidence.” This means that the accuser must only prove that there’s a 50 percent chance that her claims are true.

This is the reason why you should be proactive and try to prevent false allegations of domestic violence. Here’s a list of tips that can help you:

  • Understand what “domestic violence” is.

You can’t prevent something that you don’t fully understand. To prevent false domestic violence claims, you have to understand what domestic violence is. There are three general types of domestic abuse: sexual violence, psychological violence, and economic abuse.

Marital rape and beating are obviously types of domestic violence. But a lot of acts that are seen as “less violent” are actually types of domestic abuse, including:

  • Preventing your spouse or domestic partner from getting a job
  • Threatening to injure pets or special properties such as expensive paintings or works of art
  • Using guilt to get sex
  • Unwanted sexual experiences such as whipping, being tied, or being blindfolded
  • Laughing at your partner’s naked body
  • Performing oral sex while your partner is asleep
  • Insulting your partner
  • Undermining your partner’s self-confidence
  • Forcing your partner to drink alcohol
  • Telling your partner that she’s stupid or incompetent
  • Public humiliation
  • Calling your partner “whore,” “bitch,” or “ugly”
  • Yelling at your partner
  • Threatening to ruin your partner’s reputation
  • Stalking
  • Checking your partner’s phone
  • Preventing your partner from seeing her friends.

So, think twice before yelling at your partner during a heated argument because that could potentially cost you a lot, including your freedom and your reputation. Find your lawyer for domestic violence NJ

  • Avoid getting into a fight.

Whenever you can, avoid getting into a fight. Try not to yell or say derogatory words when speaking to your partner.

When you’re in a heated argument with your partner or spouse, try to diffuse the situation. Try your best to come up with a win-win situation. Strive to be the bigger person.

  • Create a strong defense.

If you think that a vindictive partner is about to accuse you of domestic violence, you have to be proactive and create a strong defense. You should look into your partner’s deepest motivations, such as leverage in child custody issue, to get an upper hand in the divorce settlement, vengeance, or serious mental health problems.

Make sure that your partner’s erratic behaviors and vindictive threats are recorded so you could use them as evidence in court.

  • Get witnesses.

It’s important to gather witnesses who can vouch for your character and your parenting abilities like your neighbors, nanny, or colleagues.

  • Change all of your log-in information.

Remember that almost everything can be used against you in the court of law. This is the reason why you should be careful. Change all your passwords and log-in information for your social media accounts, bank accounts, hard drive, cellphone, etc.

  • Notify your family members about your fears and concerns.

Your family may be turned against you in a domestic dispute. This is why you should notify your family members of your partner’s vindictiveness or erratic behavior.

  • Protect your valuables.

Most false accusers would try to steal your valuables such as car titles, land titles, birth certificate, and driver’s license. So, it’s best to keep your valuables in a safe place.

  • Show to everyone that you’re a good person.

People can’t bring down a good man so, just be good. Don’t yell or raise your voice and always speak the truth.

Lastly, you should consult an attorney who has years of experience in domestic disputes and litigation.

Robert A. Rodell, Attorney at Law, can help you build a solid defense and throw out false domestic abuse charges against you. He’s a former prosecutor with over 30 years of experience in litigation. He has competitive rates and provides aggressive defense.

Prevention is always better than cure. Be proactive in preventing false domestic abuse claims against you.

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1 year ago DWI , DUI Lawyers , DWI Attorney , Laws

How To Successfully Fight A DUI Case

Being accused of DUI can have a profound impact on your life, and not in a good way. For this reason, you should not allow yourself to give up without fighting as fervently as possible. In case you are having difficulty trying to figure out how to dig your way out from beneath this legal mess, here are several ideas that will increase your chances of having a positive outcome.

Probable Cause

When you are stopped by law enforcement officers, it is essential that they provide a valid reason for this to occur. Having a hunch is not a legal defense and it can mean the difference between walking away with your freedom and ending up on the wrong side of a jail cell. Even if you were actually inebriated during the traffic stop, the case will be tossed out if there is no testimony and compelling evidence that proves you were stopped with cause.

High Crime Settings

There are some cases where officers stop and detain people more often than not. If you are driving through a high crime area and you are pulled over by the police, you should certainly mention this when you have your day in court. While it may seem logical for police to approach people more frequently when they are in areas where crime is rampant, it is a form of discrimination and your lawyer should bring this up and stress how this may have had a bearing when it comes to the DUI charges you are facing.

Sleeping Motorist Laws

Since many city and state laws forbid people from living in their vehicles while parked in certain places, many mistakenly believe that taking a nap in the car is illegal as well. The idea of having a motorist on the road when they are not in any condition to safely operate a vehicle is troublesome, and this is why most locales allow people to pull over in a safe place and have some rest.

If you were sleeping in your vehicle and you were approached by officers, there may be a chance that they were actually in the wrong. Instead of acknowledging any wrongdoing, you should have your legal representative argue about the legality of the stop in question. There is a possible chance that things were not done in the most legal manner and you case may be dismissed.

Extended Investigation Time

If there is probable cause for a stop and you are asked to exit your vehicle, the investigation into your current state needs to be completed in a reasonable time frame. For instance, if you are pulled over and the officer decides to call in for backup and have they tested your sobriety, the wait should not be longer than necessary. It is perfectly legal for them to have you wait until additional officers are at the scene, but not if it encroaches on your rights. Be sure to verify the time of the stop and the moment when the investigation began. If it is a particularly large gap between the two, the pendulum may definitely begin to swing in your favor.

You Were Arrested At Home

In the event that you are allowed to leave the scene and you return home, the police are not allowed to arrest you there. Basically, if you are suspected of DUI, is their responsibility to decide which action should be taken while you are still on the scene. The only way they can approach and detain someone while in their residence is if one of the following factors is in play:

  • There is a chance that the driver may cause danger to someone in the home.
  • It is clear that this is the only way to prevent someone from escaping.
  • The person in question entered the home in an attempt to destroy evidence.
  • The suspect fled the scene and led the officers on a chase.

These are the only instances when entering a home to arrest someone accused of DUI is permitted. If none of these apply to you, it is likely any evidence will be suppressed, which means the prosecution’s case will be weaker than ever.

Miranda Rights Were Not Read

Whether you believe it or not, there are officers all over that are so involved with arresting DUI suspects that they fail to read them their Miranda rights. This may seem like a defense that only works on crime drama shows on television, but that is not the case at all. If you are arrested and interrogated and there was no mention of your rights, anything that was mentioned cannot be used as evidence against you. Even if you admitted to the arresting officers that you had many drinks and were indeed impaired, the case will be dismissed if there is proof that you were never informed of your rights.

You Were Physically Exhausted

There have been numerous studies that show sleep deprivation can have similar effects on the human body as consuming large amounts of alcohol. If the only evidence the police have that you have had a drink is the fact that you seemed to be impaired when operating your vehicle, you can argue that this only occurred because you were tired from not having enough sleep. Keep in mind that it is not a good idea to risk your safety and that of others by driving when you are sleepy. With that said, it is not legal to arrest someone for this. A verbal warning is usually how this is handled.

It can be unnerving and stressful to be accused of DUI. This is the case whether the person being accused is guilty or not. If you are in this unfortunate situation and you are looking for a way out of it, you should consider all you have read here. It will place you that much closer to having your case dismissed and walking away without tarnishing your criminal record and being given some type of punishment.

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