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Do These Four Things When Facing False Allegations Of Rape

Posted by on Dec 8, 2016 in Uncategorized | Comments Off on Do These Four Things When Facing False Allegations Of Rape

Few crimes that will make the society loathe you as much as sexual crimes. Even false allegations are enough to ruin your reputation. That’s why you need to be on toes with your defense from the moment you are falsely accused of rape. If you are ever faced with a false charge of sexual assault, take these four steps to prepare for your defense: Stay Away From Your Accuser Resist the temptation to argue, negotiate or harass your accuser. The more you contact them, the more their accusations will have weight. Besides, there is also the possibility that you may get angry with them and do something that may derail your defense later. Besides, if they can accuse you of rape, how can you be sure that they won’t make further allegations regarding your subsequent meetings? If it’s impractical to stay away from them, for example, if you work at the same company, make it a point to have a third party present every time you must be in your accuser’s presence. The third party can bear you witness when the accuser later makes further accusations against you. Preserve the Evidence Few things can arouse suspicion of guilt like the destruction of evidence. Therefore, do your best to ensure every little piece of evidence is intact for examination of the authorities. This means you should keep all pieces of clothing you were wearing that day (including undergarments). In addition, you shouldn’t delete any communications (such as emails and text messages) or social media messages. Get Character Witnesses Character witnesses are people who can testify that, as far as they know, you aren’t likely to engage in rape. These should be people who know you well enough and have known you for a long time. They can be your boss, workmates, or religious leader. If the issue proceeds to trial, expect the opposing attorney to grill your character witnesses to try to poke holes in their testimony. Therefore, choose people who know you well enough to know that you could not have committed the crime. Get an Expert Witness Lastly, you will need expert witnesses to dissect your accuser’s allegations, examine the technical evidence and explain to the court (in everyday language) your side of the story. You may need more than one type of expert witness. For example, you may need a psychologist to explain why you don’t fit the profile of a rapist. You may also need a medical doctor to explain the results of medical tests (if any were taken) to the court. Since courts have zero-tolerance for sexual crimes, don’t be surprised if it seems that the plaintiff’s words carry more weight than your denial. You have your work cut out for you in terms of defending yourself; the above four measures are just the beginning. Consult a criminal defense attorney to help you defend...

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Are You Being Falsely Accused Of Fraud At Work?

Posted by on Nov 17, 2016 in Uncategorized | Comments Off on Are You Being Falsely Accused Of Fraud At Work?

Fraud is a serious felony that can be difficult to defend against, and it can be destructive to a reputation. If you are being falsely accused of fraud at work by a co-worker or a superior, you are in a tough legal situation. Thankfully, you can defend yourself against these false claims. Potential Penalties If Found Guilty You might think that your innocence will protect you from being successfully prosecuted. Sadly, this is not always the case. If you are found guilty of fraud at work (such as of falsifying financial documents) you could end up facing multiple types of penalties, including: Prison time of up to 10 years Harsh fines that can top $10,000 Compensation payments to any victims of your falsely alleged fraud Probation that lasts up to 12 months The latter penalty is obviously the one you want to get if at all possible. It is typical for people who have not committed serious crimes in the past. However, probation comes with its own problems, such as reporting to a probation officer and taking random drug tests. It is also embarrassing if you did not commit fraud and can destroy your professional reputation. Can You Defend Yourself Based On Defamation Of Character? Is it possible to defend yourself against claims of fraud by filing a defamation of character case? Defamation of character, for those who don’t know, is the use of slander (spoken word) or libel (written word) to destroy a person’s reputation. In a fraud case, it can be used as a defense against false claims, as long as you can prove a few important points, such as: The statements made about you were false and not just an opinion The information was unprivileged (i.e., was made in bad faith) Your reputation was harmed by the false statement  Immoral, illegal, or unethical conduct was used when making the statement Defamation of character can be hard to prove in many cases. For example, the first guideline requires that the person states as a categorical fact that you are committing fraud, not just sharing an opinion that you might have done so. The second point is perhaps the most important here: if the person who falsely accused you of fraud not only believed it was true, but was reporting it in good faith (i.e. not lying intending to destroy your reputation), defamation of character cannot be argued. Other Types Of Defenses When defending yourself against false allegations of fraud, the best defenses are to prove that there simply isn’t enough evidence for fraud or that statements you made were done in good faith, i.e., not with the intent to perform fraud. For example, if you simply made a mistake on your financial documents, rather than committed deliberate fraud, you need to prove it. Other defenses include entrapment, e.g., you were coerced to make false statements on the financial statements by your boss. However, the best defense is to simply tell the truth and use a good felony lawyer to prove that you are doing so. If you are telling the truth and can gather evidence proving it, you should have a very strong...

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Bankruptcy Options For Keeping A Car That You Still Owe On

Posted by on Oct 27, 2016 in Uncategorized | Comments Off on Bankruptcy Options For Keeping A Car That You Still Owe On

Filing for bankruptcy can be stressful and slightly scary, especially if you depend on your car but still owe money on it. In chapter 7 bankruptcy you have a few options when it comes to your car, and some of them even allow you to keep the car. The following guide can help you better understand these options so you can make an educated choice. Option #1: Surrender the car This is the option that doesn’t work for many people. If you depend upon the car to get to work or run necessary errands, this may not seem like an option at all. On the other hand, if you have more than one car, it makes sense to surrender the car that you owe the most on. This can greatly lower your post-bankruptcy financial responsibilities, making it much easier to recover afterward. It may seem difficult at first to adjust to life with only one car, but it can be done and the savings may be well worth the hassle. Option #2: Reaffirm the car loan Reaffirmed debt simply means that you excluded the car loan from the bankruptcy proceedings. You will need to sign a contract with the lender agreeing to continue with the car payments as previously agreed upon. It’s easiest to successfully reaffirm debt if your payments on the specific debt are up to date. If this is the option you prefer, continue to pay your car loan throughout the entire proceedings. Keep in mind, the reaffirmation must be approved by the court. The court will likely require that you demonstrate that the car is necessary and that the payments can comfortably fit into your post-bankruptcy budget. If you have exceptionally high payments or access to another paid off car, they may not approve the reaffirmation and you will lose the car. Option #3: Redemption of the car Redeeming your car simply means that you pay off the remaining value of the car. This is the current value, not the value of the car at the time of purchase. The creditor must agree to the value or the court will be responsible for determining the correct market value for the car. Even if you and the lender agree on a sum, the court must still approve it. Much like reaffirmation, you must also prove that you need the vehicle and that paying the lump sum to the lender won’t put any further stress on you after the bankruptcy. The trustee must also approve that the funds are used to pay off the car via redemption and are not to be used for paying other creditors. For more help, contact a bankruptcy attorney in your area such as those found at Hoffman, Hamer & Associates,...

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Decide Not To Pay Your Child Support Because You Think It’s Unfair? This Is What To Expect (And It Isn’t Good News)

Posted by on Oct 6, 2016 in Uncategorized | Comments Off on Decide Not To Pay Your Child Support Because You Think It’s Unfair? This Is What To Expect (And It Isn’t Good News)

Child support payments can be a thorny issue long after a divorce, especially if you feel like your ex is milking the support payments for his or her own benefit or in order to avoid getting a job. Sometimes the demands for increased support seem to be capricious or unnecessary. So what happens, then, if you decide not to pay? Here’s what you should know. If you’re employed, you may be subject to automatic garnishment. In some states, child support orders are automatically sent to employers with instructions to garnish your wages. Your employer has to comply with these instructions in order to avoid fines and contempt of court charges—which means that there is no point trying to negotiate with your employer over the issue. If wage garnishment isn’t possible, other forms of recovery are. If you’re self-employed or some other issue is preventing the automatic withholding of your support, your ex-spouse can turn to the Child Support Enforcement Act of 1984 for help. This act authorizes the district attorney (DA) to get involved with the collection process. In some jurisdictions, the Department of Health and Human Services (DHHS) or the Child Support Enforcement Agency (CSEA) will take charge of the situation. In most cases, the first contact that you will receive from either the DA, DHHS, or CSEA will be a letter requiring you to meet with someone and set up an acceptable payment schedule. If you still refuse to cooperate, there are various ways you can be forced to pay. While most of the initial letters sent out about non-payment of child support warn recipients that they could be subject to jail time if they refuse to cooperate and attend the meeting, the state recognizes that’s counter-productive to the ultimate goal (since you can’t earn the money to pay the support while you’re in jail). Instead, the state will probably fine you for the initial refusal. For example, in Maine, you can be fined $1,000 for failure to attend the meeting with DHHS. You can also be fined $1,000 if you attend the meeting but are uncooperative or lie about your income. In Ohio, you could be fined, sentenced to 30-90 days in jail for contempt of court, or ordered to complete community service in lieu or jail time—unless you’re willing to turn over the support money that you owe. If that doesn’t work, the court may take more serious actions. If you still refuse to pay, the court has a number of things that it can do to either collect the child support owed or make your life as difficult as possible until you agree to pay: The court can go after almost any form of income that you have, except for public assistance like welfare benefits and Supplemental Security Income (SSI). Any money that you have in any financial institutions, including stocks, bonds, IRAs, savings accounts, and retirement funds, can be seized. Your federal tax returns may be seized. If you are due any workers’ compensation benefits, your lump-sum payments could be seized to pay past-due support. Any lottery winnings can be seized to pay the support obligation. You can have a lien placed on your home, and any personal property that the courts in your state don’t exempt can be seized and sold to...

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Knowledge Isn’t Always Power: Avoiding Insider Trading

Posted by on Sep 19, 2016 in Uncategorized | Comments Off on Knowledge Isn’t Always Power: Avoiding Insider Trading

If you work for or have family or friends who work for a company that is publicly traded, you might think that getting information from them about how the company is doing could help you make better investment decisions. However, as simple as that seems, it would in most cases be illegal, considered to be insider trading (so called because you’re trading shares based on insider information that isn’t available to everyone). There is a really fine line between insider trading and luckily-timed guesses, and if you’re tempted to take action, you need to speak with a lawyer first to see if what you’re planning is something you’re allowed to do by law. Unfair Advantage The problem with insider trading is that it puts you and anyone else who has the information at a distinct advantage, allowing you to make more profits than anyone else. Despite it being cool to say everything is rigged now or that the establishment controls the market, the markets and governments of the countries that have them do try to make everything as equitable as possible. SEC Monitoring There are times when share owners may deem it best to sell or buy certain shares, and the practice would not be insider trading, but these circumstances are special. They are also monitored carefully by the Securities and Exchange Commission because the company would have to notify the SEC in writing of its plans. The actions of the shareholders must also be based on information that is available to the public. Family and Friends As tempting as it might be, someone who has knowledge of an upcoming big dip or boost in a company’s share prices can’t share that information even with a spouse. Any blatant trading of information for the purposes of affecting how many shares someone has can be seen as insider trading. Lucky Guesses This doesn’t mean that you can’t discuss your business with anyone. If you get fired, someone in your family finds out and decides on their own to sell stock in the company, and then the company’s stock tanks, that’s not really insider trading because your firing and the other person’s conclusions weren’t used on purpose to make a profit. It was more of a lucky, if shrewd, guess. Self-Trading It’s also possible to do insider trading with yourself. If you know a company is having issues and you decide on your own to buy or sell stock in that company, then in some circumstances, that could be insider trading if you had information that the stock would be affected by whatever was going on. Rather than assuming everything will be OK and then getting into trouble, talk to a lawyer who has dealt with securities fraud and insider trading. You want to be on stable legal ground before you make a move. For more information, contact Carter West Law or a similar...

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Why Hiring A Fertility Lawyer Is Ideal When A Sperm Donor Is Used

Posted by on Aug 29, 2016 in Uncategorized | Comments Off on Why Hiring A Fertility Lawyer Is Ideal When A Sperm Donor Is Used

Are you and your husband considering a sperm donor because he is unable to sire children? Although opting for a sperm donor is a great way for you to get pregnant, it can lead to numerous legal issues if not done the right way. It is wise to hire a fertility lawyer before moving forward with the process, especially if the donor is a friend. Take a look at the information in this article to get a general idea of how a fertility lawyer can assist you and your spouse. 1. Protect the Future Rights of Your Child You must keep in mind that it is possible that your child will find out that he or she was born from a sperm donor. If the donated sperm is coming from a fertility clinic, the name of the donor will likely be withheld. However, a lawyer can draft up an agreement that gives your child rights to know who the donor is if it is desired in the future. For instance, your child might need the information for medical reasons if he or she develops a serious health condition. The agreement can also come in handy if he or she ever becomes depressed due to not knowing his or her biological father. 2. Make Sure the Donor is Unable to Claim Parental Rights If one of your friends will be the sperm donor, it is important to have a parental rights agreement in place. You don’t want to end up having the child and then find out that the donor wants a paternity test and custody rights. A lawyer will draft up an agreement that forbids the donor from fighting for custody of the child. The agreement can also be used for mandating that the donor keeps the entire situation confidential. Basically, the donor will simply donate the sperm and must move on with his life. 3. Determine What Happens with Custody in a Divorce Being that your spouse will not be the biological father of the child, the situation can become complicated if a divorce occurs. It is wise to have a legal document in place that grants both of you custody rights if the marriage doesn’t work out. Allowing your spouse to adopt the child upon birth is an even better idea, as he will automatically have full parental rights. Speak to a fertility lawyer so he or she can make sure all aspects of the situation are handled in a legal manner. Visit websites like http://www.janssenlawoffice.com for more...

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4 Ways To Prepare For Your Trucking Accident

Posted by on Jul 27, 2016 in Uncategorized | Comments Off on 4 Ways To Prepare For Your Trucking Accident

Being hurt due to a collision can be a scary time of life.  If you’re faced with severe injuries, this can be both frustrating and expensive. However, the key to getting through this challenging time may rest in taking legal action against the other driver. You will need to be as prepared as possible if this is something you want to pursue. Civil litigation will require you to go through the discovery stages to prove your case, and knowing what these four steps are can be extremely helpful to you. Written interrogatories The key for the legal system to learn the details of what occurred with your wreck is by providing the right amount of details. The time to do this is during written interrogatories, and you will be required to answer a series of questions. The deposition One of the most common ways for you to provide the various details of your case is by meeting with your opponent’s attorney. This is referred to as a deposition and could last for a long time. Keep in mind you should never attend this meeting without having your attorney with you, and it’s imperative for you to tell the truth at all times. Request for admissions statements You may be asked to either admit or deny certain statements to assist in getting to the meat of the case. This may help you avoid spending a long time in court and is typically the reason admission statements are served. Knowing what facts should be brought up in court which ones aren’t necessary can shorten the time needed and get the case resolved much more quickly. Request for production documents The best time to work to recover lost money is during the request for production documents. You should be prepared to provide some or all of the information listed below to do so: 1. Medical bills – These should include all of the costs of your full recovery. 2. Vehicle damage – The costs to fix or replace your car. Be sure to include any of the losses you may have had to endure because of the truck accident. It’s your legal right to work towards fully recovering these. Taking the time to work to get the money you lost back because of the collision you were involved in is worthwhile. Be sure to schedule some time with a personal injury attorney to help you do so...

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Avoiding Probate: Using A Revocable Trust For Estate Planning

Posted by on Jul 11, 2016 in Uncategorized | Comments Off on Avoiding Probate: Using A Revocable Trust For Estate Planning

Most people already know that in most cases, wills must be probated. The probate process, ever for small and uncomplicated estates, can last months. This means that the beneficiaries must wait for probate to be completed to take ownership of their bequeathed property. There is a will alternative, however, called a revocable trust (also referred to as living trusts), that can do away with the long wait and provide other valuable benefits for estate planning purposes. Read on to learn more about this method for keeping some of your property out of probate’s territory. Trust Basics Just like a will, the revocable trust is a legal means of disposing of property after you pass away. The trust document specifies that certain property be placed “into” the trust while the trust owner (also the owner of the property) is still living. This gives the trust owner full control of the trust and allows the trust to be modified at any time by removing and adding property and beneficiaries whenever desired. Any property that might be addressed by a will can be put into a trust, including real estate, stock, bonds, art, vehicles, jewelry and more. The trust names a trustee to oversee the trust when the owner dies, much like a will designates an executor. Once the trust owner dies, the trustee will be charges with distributing the assets of the estate named specifically in the trust to the beneficiaries. The Benefits of a Trust Over a Will The remarkable perks of a trust become more apparent upon the trust owner’s death. The property addressed in the trust can be distributed to the beneficiaries immediately, with no need to file with probate court and wait for the probate process to be complete. Additionally, the contents of the trust are entirely private. In contrast, wills, once filed with the court, are public documents and available for viewing by anyone with an interest in doing so. The benefit of privacy when it comes to the distribution of assets shouldn’t be underestimated: 1. The beneficiaries of the trust need never make public their inheritance, which could help them avoid unwanted attention, notoriety and the criminal element. 2. The potential for conflict and discord between the beneficiaries is greatly reduced, since each beneficiary does not necessarily have knowledge of what the other beneficiary is receiving from the trust. Undoubtedly, a revocable trust should play a major role in your estate planning. Contact an estate attorney to learn more about revocable trusts....

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Starting A New Warehouse Job? 4 Workplace Hazards You Should Be Aware Of

Posted by on Jun 23, 2016 in Uncategorized | Comments Off on Starting A New Warehouse Job? 4 Workplace Hazards You Should Be Aware Of

If you’re about to start working in a warehouse, you’re going to want to avoid common workplace accidents. Workplace injuries can leave you unable to work and may leave you with permanent disabilities. Here are four common injuries that you should be aware of. Slip or Trip and Falls Slip or trip and fall accidents can happen anywhere. Whether it’s tripping over a piece of equipment or slipping on a spill that wasn’t cleaned up properly, this type of workplace accident can cause serious injuries. One type of unexpected injury that can result from this type of accident is the reaction injury. Reaction injuries occur when you try to brace yourself against injury and you end up injuring your arm, leg or ankle. To avoid this type of injury, try to watch where you are and be aware of your surroundings at all times. Overexertion If you’re going to be working in a warehouse, you may overexert yourself. Overexertion can cause injuries to your muscles, especially when your job requires you to move your muscles or joints in ways that they’re not used to. Repetitive motions can also lead to overexertion, which can result in workplace injuries. One way to avoid overexertion is to stretch your muscles from time to time while you’re at work. Limbering up during work can help keep your muscles and joints moving properly, which can help reduce injuries. Falling Objects Head injuries caused by falling objects are another common injury encountered in warehouse workplaces. You can avoid this type of injury by wearing the required safety equipment – including your hard hat – at all times. Wearing your hard hat will help protect your head from potential injuries. Workplace Violence No one wants to think about workplace violence. Unfortunately, nearly 2 million American workers are the victim of workplace violence every year. Workplace violence doesn’t have to involve physical injuries. It also includes harassment, intimidation and other threatening behavior that makes you fear for your physical or emotional well-being. If you feel threatened by a co-worker, it’s important that you report the threat to your employer or human resource office. If you’re going to be working in a warehouse, you need to protect yourself from work-related injuries. The information provided here will help you identify, and avoid, some workplace accidents. If you are injured on the job, be sure to report the incident and then speak to a worker’s compensation attorney like one from Salley Law Firm PA as soon as possible....

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Victim Of An Auto Accident? Tips For Receiving The Settlement You Deserve

Posted by on Jun 3, 2016 in Uncategorized | Comments Off on Victim Of An Auto Accident? Tips For Receiving The Settlement You Deserve

When you’re the victim of an auto accident and sustain damages to your car or personal injuries, you can sue the driver that is responsible to recover the costs of those damages. If you are not at fault, then you already have a strong case in your favor, but these tips can help ensure you win your settlement and get the most money possible.  Record Evidence At The Accident Site Part of winning your case is being able to prove everything you are accusing the responsible drive of doing, and you’ll need to record evidence at the accident scene. It’s always a good idea to contact the police to do this, but you should start getting your own photos from the accident site too. Get out your smart phone and take photos of things that could be altered after the accident scene is cleaned up. The includes the placement of the cars after the accident to help prove the force of the impact, and exterior car damage that shows where impact occurred. If fault is not 100% clear, you will need this evidence to prove how the accident happened since it could be your word against theirs. You should also write out the details of what you remember immediately after it happened so that your recollection remains clear and consistent. You can even use the voice memo feature on your phone to simply record your thoughts so that you can recall them later if necessary. Speak To Any Witnesses You should talk to everybody that witnessed the accident and get their contact information, since they may be a key in winning a lawsuit. There may not be enough evidence with the photos alone to prove your story, so you will need witnesses to help explain what they observed in their own words. Get A Police Report Having a police report can really help move your case along. Even if an officer is not able to make it to the scene of the accident, you should head to the local police station and file a report in person.  Get Medically Evaluated A car accident can have several injuries with delayed symptoms, so make sure to get evaluated by a medical professional.  For example, abdominal pain could be a sign of internal bleeding, and numbness could be a sign of whiplash. Documenting these injuries close to the accident can help prove that they were caused by the accident and not an unrelated incident. Now that you’ve done these 4 things, work with a lawyer (click here to read more) to help guide you through the process of getting the settlement you...

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