Tuesday, December 16, 2014

Plan for the Future and Beyond While Protecting Assets and Heirs

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There comes a point where individuals or couples find themselves with assets that need protection in the event of their passing. It's not a pleasant topic to consider, but it's a necessary one if heirs are to be protected from adverse events. There are various ways in which to protect assets, and oakland county lawyers can be of assistance with determining what type is most appropriate. Various reasons exist as to why assets need protection. There may be a significant inheritance at stake and the beneficiaries are underage.



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Or there is contention in the family as to who gets what, and the order of inheritance needs to be preserved. Sometimes it's setting aside assets in a revocable trust that allows the trustees to access the assets within and pass the remainder to the designated heir while minimizing a potential challenge to the trust. There are two types of trusts: revocable and irrevocable. Revocable trusts allow the trustees to access whatever has been placed in the trust without having direct ownership of the assets.

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The trustees can be the person or people who set up the trust. Irrevocable trusts have the effect of locking away the assets from all, even the trustees, until the designated heir has come of the age of inheritance specified by the creator(s) of the trust. A regular will is another instrument that can control the distribution of assets upon passing. It does not necessarily protect the estate from going into probate, but it does ensure that the heirs get what they are to receive without question. In the event that the estate goes into probate, the heirs get their share of whatever is left over after probate has been closed.

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It's best to get these documents created in a timely manner. The major reason being is that the individual or couple has to attest to being of sound mind and body when they created their directives. If there is any question about the mental state at the time of the creation and signing of the directive, it can be challenged in court. However, there is no stopping anyone from challenging a will or trust in court. But success or lack thereof depends on the mental state of the person or people who created the directives. Doing the work sooner than later minimizes the possibility of a challenge, protects heirs and ensures that the heirs receive the assets that are assigned to them.

Thursday, November 20, 2014

When an arrest requires a strong defense

The Oakland County prosecuting attorney handles a wide range of criminal offenses and in many cases, charges may be added on to ensure a conviction. Some of the common reasons why someone may be facing charges and need a criminal defense attorney include:


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• Harassment and stalking - during or after a divorce, particularly a contentious one, a spouse may claim harassment or stalking. In this case, the spouse who is charged with this crime will need a strong defense. The Oakland County prosecuting attorney will typically pursue these charges aggressively and the penalties can be severe. It is imperative to have a good defense attorney in all of these cases.




• White collar crimes - in this day and age, it is possible to defraud someone over the Internet, through the mail or even in person. There are cases where an investigation into a possible white collar crime can be detrimental to a person's family life, financial life and their career. If the Oakland County prosecuting attorney is investigating someone because they suspect a crime, the person under investigation often needs the services of a criminal defense attorney to protect their reputation and their job.



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• Medical marijuana law issues - the State of Michigan has specific conditions where citizens are eligible to be in possession of marijuana. However, this often does not prevent a person from being arrested for marijuana possession. The limits established are currently two and half ounces and even being in possession of small amounts can result in charges being filed by the Oakland County prosecuting attorney. In these cases, a defense attorney can help fight against marijuana possession charges.




• Driving violations - the penalties for drunk driving in Michigan mean anyone facing these charges needs the immediate assistance of a criminal defense attorney. Keep in mind, a drunk driving charge can be enhanced by the Oakland County prosecuting attorney to "super drunk driving", may have a child endangerment charge added on or may be enhanced by driving on a suspended license. A criminal defense attorney who understands Michigan drunk driving laws can help defend against all driving violation charges.



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The Oakland County prosecuting attorney handles a variety of criminal charges and anyone who is arrested or charged with a crime needs to seek immediate assistance from a criminal defense attorney. The right attorney will investigate all charges and do everything possible to defend against criminal charges.


Friday, October 17, 2014

Child Custody: Mistakes to Avoid During Divorce


Even though about half of today's marriages in the United States end in divorce, this doesn't make the process of oakland county lawyers going through a divorce any easier. In situations where children are involved, things can become even more complicated when the divorcing parties cannot agree on a custody schedule or child support. Fortunately, there are a few mistakes that people parents going through a divorce can avoid making to make their lives easier down the road. 

Not Keeping Records 

Any time there's court-ordered child support being paid from one party to the other, it's vital that the person making the payment keep detailed records of each payment submitted. Without any proof of child support payments, the recipient of the payment can deny having received it and may even bring the matter to court with an Oakland County divorce attorney at his or her hide.


Whether it be a written receipt, a copy of a signed check, or any other proof of payment, it's important to hold onto it and keep it in a safe place. 

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Being Vague with Visitation Schedules 

More than likely, when a custody agreement is reached (whether it be in or out of court), one parent will have the child for certain days of the week, while the other parent will have the child on oakland county divorce attorney the remaining days. However, most legal paperwork regarding this will not be specific in terms of time. For instance, while one partner may have the children from Friday through Sunday, there will be no indication as to what time on Friday the child should be dropped off. 

This is where it's up to the parents to ensure that specific time schedules are written into the agreement. By doing so, a lot of arguments and hassle can be avoided down the road. Furthermore, a specific schedule will help children maintain the structure that they need to live a normal life following their parents' divorce. 


 

Not Having an Experienced Lawyer 

Throughout the divorce process and throughout any custody proceedings, having a divorce lawyer that can be trusted is vital. If one doesn't feel comfortable speaking with his or her lawyer or if it seems like the lawyer just wants to "get it over with," it may be time to seek assistance from a new lawyer who will take the person's rights and interests more seriously throughout the process.














Wednesday, October 1, 2014

The Rule of Law and Protecting Your Rights

Oakland county lawyers One of the most important aspects of life in the United States is the protection of individual rights by the legal system. Citizens enjoy a stable and largely peaceful day-to-day existence because of the advanced development of rules, laws, and court cases. However, many people in the Oakland area often find themselves at odds with some elements of that legal system. Whether by accident or from some other action, those individuals often turn to Oakland county lawyers to protect their rights.



Overcoming the Complexities
The legal system in the United States has evolved over more than 200 years as the result of legislation, creation of regulations, and court decisions. This process creates considerable complexity that often requires the services of a trained attorney to navigate. Each area of law has certain documents and procedures that must be followed to successfully deal with a legal situation. In addition, there are timeframes to adhere to in virtually all situations.



From simple traffic tickets to complex estate filings, the average individual will select one of the qualified Oakland county lawyers to help determine the best course of action. The majority of lawyers offer a free or low cost initial consultation to discuss the specifics of a particular case. Generally, the more specialized an attorney, the more experience is available to help evaluate different options for a client to pursue.

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Lawyers often choose to focus on one or two basic areas of practice. Because of the many needs for legal skills, these lawyers have many fields to choose from, including:
  • Family law and divorce
  • Business contracts, transactions and commercial litigation
  • Traffic accidents and personal injury
  • Criminal offenses and defense
  • Probate and estate issues
  • Real estate transactions

The Role of Experience
Oakland county lawyers As lawyers practice in a given area of the law, they gain a range of insights, contacts, and capabilities that make them more effective at dealing with legal complexities. For example, an attorney who has handled numerous accidents involving commercial vehicles knows how to conduct a thorough investigation of an accident, including checking the driver’s safety record, the maintenance records of the truck, and other vital facts.

For the individual seeking to deal with a legal issue and protect their rights, such an experienced attorney will often play a key role in reaching a successful conclusion to their case. This also helps to provide peace of mind during the process while making the legal system less intimidating.

Friday, May 16, 2014

When to Call A Criminal Defense Attorney

An Oakland County criminal defense attorney should be called whenever a person has questions or concerns about illegal activity. A call would also be warranted if the person has reason to believe law enforcement officers may want to question him or her about a pending case. It's important that a person knows his or her rights when it comes to what happens during questioning, as well as after detention or arrest.

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Interrogation or Arrest

Individuals are normally interrogated if law enforcement officers believe they may have knowledge concerning an illegal act or various types of criminal activity. 


If questioning leads them to believe they may be a person of interest or suspect, it is in their best interest to immediately ask for an attorney. At that time, the questioning must cease until a criminal defense attorney can be hired or a public defender is provided by the court.

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If a person has been arrested or charged with a criminal act, hiring an Oakland County criminal defense attorney should be the first order of business. Without adequate representation, defendants may inadvertently say things that could incriminate them. Deadlines set by the court could possibly be missed. A reputable defense attorney would also be beneficial in getting bail set and hasten the process so a defendant can be released to return to work.

Public Defenders

Public defenders are attorneys hired by the county to represent defendants who can't afford to hire legal representation. A public defender can be requested at any time, but may not be secured until after the defendant has been arraigned in court. A court-appointed attorney has the same training and licensing as any other private attorney. The main difference between the two is that people can choose a private attorney. They have no choice which public defender they are assigned.

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The best time to hire a criminal defense attorney is as soon it is becomes apparent that law enforcement will be including a person in a list of suspects or possible persons of interest. By hiring an attorney, defendants will be assured their rights are protected and they are treated as fairly as possible by the judicial system. Reputable criminal defense attorneys will begin their own investigation into the events surrounding particular crimes and build their defense using any information they uncover in the process.

In the beginning, a person may not realize he or she needs an attorney. It is the right of the person to ask for adequate and reliable representation at any point during an interview or after being arrested. 


If a person hasn't been questioned and is being detained, he or she is well within rights to request an attorney for consultation while being held, even if no charges have been filed.













Saturday, March 1, 2014

Protecting Yourself Against Incrimination

Many Americans aren't aware of the steps that they can take to protect themselves against discrimination. Without a warrant or probable cause, personal property is protected against search and seizure. However, many Americans lawyer oakland county aren't aware of this and will thus consent to a search when they do not need to.

Americans that are concerned about the possibility of a search should always practice saying "Officer, I do not consent to this search." Even if you are completely innocent, there is never a reason to allow an officer into your car, home or business if they do not have a warrant. You simply never know what could occur.

In recent news, there was a case in which an officer -- without warrant or cause -- was allowed into a home and took the family pet, a domesticated fox. The domesticated fox was killed later that night by the police due to an anonymous report. Had the owner not allowed the officer in -- which they were not legally obligated to do -- the owner would have had enough time to prove that the anonymous report had been false.



Likewise, there are many other scenarios that could take place if you consent for your home or car to be inspected. The situation can escalate from there, when instead you could simply exercise your right to turn them away.

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There are other things that you can do to protect your rights. If you believe that your rights are about to be violated, you are fully within your rights to ask another person around to begin filming the process. By far, the best way to oakland county criminal defense attorney ensure that your rights are protected is to contact a criminal defense attorney immediately upon suspecting that you have garnered the interest of the police.

If you are taken into custody, you should remember that you are under no obligation to speak with them. Anything you say can be misconstrued, even if you believe that it is harmful. You should say absolutely nothing to the police except that you want a lawyer, and you should wait quietly until you receive a lawyer. Your lawyer will come as quickly as possible and will advise you on your next course of action.

People have a natural tendency to obey the police and try to help the police. While the police officers are there to protect and serve, they are also looking for a crime. Anything that you do, say or give them access to could easily lead them to believing that you are responsible for breaking the law; once the police have achieved reasonable suspicion, the situation becomes even more complex.

Police that have reasonable suspicion may be able to acquire a warrant to search your home, or even a warrant to tap your phones depending on your location. Thus, it's important not to implicate yourself in front of the police in any way.



If you have been charged with a crime, it's time to contact an Oakland County criminal defense attorney as soon as possible. Your criminal defense attorney will work with you throughout the process of your trial to ensure that your rights are protected and that everything possible is done to minimize your charges.



















Friday, February 14, 2014

Do You Need a Criminal Defense Attorney For Oakland County DUI Charges?

The state of Michigan imposes tough penalties for any charges related to driving under the influence of alcohol. Oakland County contains some particularly harsh courts that have been known to sentence offenders to jail for a first offense. Local drivers should know that DUI charges are not typical traffic tickets, but they are considered criminal offenses. A DUI conviction could cost a convicted person their license, a large fine, and even their freedom.

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Do people need an Oakland County criminal defense attorney for DUI charges?

Anybody who faces DUI charges might be prudent to consider engaging a good Oakland County criminal defense attorney as quickly as possible. It might seem like all the evidence gets stacked in favor of the arresting office and prosecutor, but it probably only seems that way from the perspective of an average citizen who does not really understand what the courts need to pass down a attorney oakland county review conviction.

Many of the machines and computers that get used to analyze breath and blood samples have not been replaced for decades. Good attorneys can call in experts that can caste plenty of reasonable doubt on the accuracy of these machines. 

Additionally, officers take videos of most arrests these days. Juries make decisions based upon the actions of defendants at the time of arrest, and these defendants often act perfectly sober.

The most important thing to understand is that a charge is not the same thing as a conviction. An experienced DUI lawyer should have a lot of success getting charges reduced or even dismissed.


What are common Michigan DUI penalties?

Even a first offense could mean jail, fines, fees, and a license suspension. Second and third offenses carry minimum jail sentences in addition to all of the other penalties. Typically, first and second offenses are considered misdemeanors, but they are still harshly punished.

Felony DUI offenses could even mean serving years in prison instead of a few days at the local jail. Prison sentences can range from one to five years. Typically, charges may get elevated lawyer oakland county to felonies for a third offense. 

These charges may also get elevated to a felony if the DUI led to an accident that caused property damage or injuries.
When should an Oakland County criminal defense attorney get called?

These are not the kinds of penalties that anybody wants to suffer through or have on their records. That is why it is important for convicted people to do anything possible to avoid that first conviction. Experiences lawyers understand the system, and they help their clients make the right legal decisions. 


These good decisions might help their clients get back their license, freedom, and clean records.
In any case, it might be a good idea to consult with a local attorney as soon as possible after a DUI charge. Many lawyers offer free consultations, and this can provide defendants with an opportunity to understand their options and legal rights. It should also help them remember that getting charged with a DUI is not the same as getting convicted of a DUI.












Wednesday, January 8, 2014

Personal Injury Lawyer Las Vegas

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The U.S. Constitution gives Americans a series of rights when they have been accused of a crime. These rights keep the trail process flowing and ensure those who are innocent do not suffer while in custody. Knowing these rights will help ensure yours are not violated when being accused of a crime. After your arrest, run down this list of rights to determine if your rights have been violated. 

Miranda Rights. 

The police must read you your rights at the time of arrest. This statement includes the words: “You have the right to remain silent,” etc. They must make sure you understand these rights and obey your wishes as granted by these rights. Right to remain silent. This is the most important right a person has. You cannot be forced to give any information about you, the crime or anything else to the police. This right is part of the Fifth Amendment - the right against self-incrimination. Do not speak to the police about anything until your criminal defense attorney has arrived. 

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Right to an attorney. 

You must be given access to have your own criminal defense attorney present. If you do not have an attorney, a court appointed attorney must be provided for you. Once the police know you have an attorney, they cannot speak to you without him being present. The attorney must also be present when speaking with the state’s attorney.


Limited time in custody. 

The police can only hold you for a limited amount of time before having to release you or having filed formal charges with the courts.

The time they can hold you depends upon local laws and the type of crime your are accused of committing. In most states, charges much be field within 48 hours of your arrest.

Be treated humanely. 

This protects you from experiencing police brutality and unfair treatment while in custody. All criminal suspects have the right to be treated humanely regardless of how heinous the alleged crime is. Decent food and clean water cannot be withheld from criminal suspects. Guilty until proven innocent. Any criminal suspect, even if being held in a jail cell, must be treated as if he is innocent until a court of law proves him to be guilty. Your rights may have been violated if you were treated unfairly and punished for the crime you have yet to be found guilty of. 

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Right to a speedy trial. 

Once you have been charged, the government cannot stall your trial proceedings. By purposely delaying your trial, the government is violating your rights. Your rights may have been violated, especially if you did not witness any of these after you have been suspected in committing a crime. Make note of all violations and speak with your criminal defense attorney. The only way to understand that your rights have been violated is to completely understand your rights and how they are protected by the U.S. Constitution. For a better understanding of your rights according to the U.S. Constitution contact your local Oakland County criminal defense attorney

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