Attorney or Paralegal?


Grandparental Rights And Child Custody

Posted by on 6:30 am in Uncategorized | Comments Off on Grandparental Rights And Child Custody

Grandchildren are always a joy and embody the spirit of “unconditional love”. Sometimes, however, that joyous relationship is tested. At some point, you may have to make the difficult decision to acknowledge that your grandchild needs to be in your legal care and custody. Grandparents seeking custody of their grandchild do have legal rights, so if you fear that your beloved grandchild needs more from you than love and hugs, read on. Why would a grandparent seek custody? Something has to go very wrong in your grandchild’s life for this issue to arise, such as one or more of following: 1. A parent or both parents are deceased. 2. A parent or both parents are incarcerated. 3. A parent or both parents are unfit in some manner. Unfit can cover a wide range of problems, such as alcohol and drug addiction, mental disorders, physical infirmities (coma, etc) and more. The best interest of the child. This overriding principle of the family court system works to ensure the most vulnerable members of our society are protected. It should be noted that the needs and desires of the parents, grandparents, and other interested parties is not a priority with the courts. Therefore, the needs of the child must dictate the actions of the court. The first two named issues above are often resolved fairly quickly, since the grandparents are seen as the “next best thing” to a biological parent. The third issue, however, is often more difficult to settle. Proving that a child’s parent is unfit can be an emotional and stressful experience, and often you may be facing a contentious court battle. Separating a child from their biological parent is a large undertaking, and you must be prepared to show irrefutable proof of a parent’s inability to be a good parent in order to get custody of that grandchild. What the judge looks for in a custodial grandparent. Once you have proven a parent unfit, you must still show the courts that you are capable of caring for your grandchild adequately. The judge will look at several factors, among them: The home environment. Is it safe, clean, healthy, nurturing, and loving? Your current relationship with your grandchild. Have you spent much time with your grandchild? Your health. Raising a child takes boundless energy and reliable health, so your relative good health will be evaluated. The child’s emotional life. Most children, except for perhaps the very youngest babies, will be impacted by being removed from a parent’s care. Even bad parents are still parents, and you must show that you are prepared to deal with this separation, such as making plans for counseling for the child. The attitude of the child. If they are old enough to express this, do they want to live with you? Be sure to seek the advice of a family law attorney during this process to help ensure that you do the right thing for your...

read more

How To Increase Your Odds Of Being Approved For Disability

Posted by on 4:55 am in Uncategorized | Comments Off on How To Increase Your Odds Of Being Approved For Disability

It can take a couple of months before you find out whether you are approved for disability. Therefore, you want to do everything you can in order to give yourself the best shot at an approval. Have An Attorney Help You With Your Forms At some point during the disability process, you may be asked to fill out a large packet of questions. There are so many questions that some people tend to find it a little bit overwhelming. Others have noticed that some of the questions seem to be asking for the same information, but just in another way. Basically, it can be tricky but it is imperative that you are completing their forms in the allotted time and that you are answering the questions within it to the best of your ability. This is one of the ways the disability agents will determine if the way your disability is affecting your life is something that qualifies for their financial assistance. Having an attorney help you with this is a great way to make sure that you are giving the clearest explanation of what you are going through everyday. Be Ready To File For An Appeal Time is of the essence when it comes to filing for an appeal for disability. They give you a short amount of time to get this done. If you are not able to submit the appeal within that amount of time, you are forced to either give up or start over from the beginning. This means you would have to fill out another application, complete the same forms all over again, and have all of your medical records gathered again. You then risk getting the same denial letter and you will then have to quickly try to file that appeal in time again. It is much easier to make sure that you are ready for an appeal right from the beginning and you can do that by hiring an attorney. He or she will be ready to do this and will have the expertise to ensure that it is done without any errors that could cause the appeal request to be denied. While a lot of the process is a mere waiting game, by doing those two simple things, you can better your odds of ending up with an approval. You will then start to receive the medical and financial assistance you have needed for a long time. For more information, contact a disability lawyer, such as Bruce K...

read more

Dealing With Post-Election Immigration Fears

Posted by on 8:31 am in Uncategorized | Comments Off on Dealing With Post-Election Immigration Fears

If you have been worried about the substantial increase in anti-immigrant sentiment since the 2016 election, you’re not alone. But you do have rights, and you can reduce your chances of a problem occurring if you take some steps now. Always Carry Your Documents Whether you have a green card or are here on a specific visa such as for work or school, always carry your documents with you. More states have been trying to pass identity-check laws, requiring anyone stopped by police to produce identification. While many aspects of these laws have been blocked in the courts, it is better to just carry your identification and show it when required. If you don’t, you risk arrest. Always Let People Know Where You’re Going Someone stopping you might accuse you of forging your papers. Most officers and other people will not do this, but there can always be that one person who wants to cause you a problem. That can lead to you being arrested and held for days. Instead of allowing yourself to disappear like this, always let people know where you’re going and when you might be back. Even if you have the chance to call someone from jail or the police station, you might not get that call for a while. Having others know that you haven’t returned when you said you would can get you help more quickly. Always Carry Your Lawyer’s Contact Information Also have contact information for your lawyer on hand. When you do get that phone call opportunity, call the lawyer’s office (or an after-hours contact number, should this happen on a weekend or overnight) to get help immediately. Do not sign anything, do not answer anything, until the lawyer gets there and talks to you. It’s too easy to sign something in a panic because you just want to get out, but that could cause trouble later. For example, in 2007, a U.S. citizen with mental health issues was arrested and made to sign a form agreeing to be deported to Mexico, despite his citizenship status. You do not want to mistakenly sign something with awful fine print. If you aren’t in touch with an immigration lawyer normally, find one like Fickey Martinez Law Firm, P.L.L.C. who can help you if you get into a jam. Do not rely on friends and family to find you one after a problem has...

read more

Help Your Children Cope With You And Your Spouse’s Upcoming Divorce

Posted by on 4:45 am in Uncategorized | Comments Off on Help Your Children Cope With You And Your Spouse’s Upcoming Divorce

If you and your spouse have decided to part ways and are both interested in a divorce, the following tips can help make the transition as smooth as possible for your children and will help them continue to feel special and wanted by you and their other parent. Meet With A Mediator Set up an appointment to speak with a mediator who has plenty of years of practice dealing with family situations. Your attorney may be able to refer you to a mediator, and you can provide them with information about your initial appointment so that you can receive guidance and advice if you are concerned with how the meeting went. A mediator can help uncover underlying issues that may interfere with your children’s happiness in the future. If you are satisfied with how your meeting goes, you can choose to set up a time for the mediator to meet with your children to discuss how they are feeling about the upcoming divorce. A mediator will also meet with you and your spouse and assist with opening the lines of communication between you and them so that each party is satisfied with the outcome.  Participate In Extracurricular Activities If your children take part in extracurricular activities, such as being part of a sports team or choir, continue attending each event. If your soon-to-be ex-spouse would also like to attend the events, try to make an agreement to sit near each other so that your children will not need to experience an awkward situation. If sitting close to one another is not possible, try to be as civil as possible when you see your spouse. While you are communicating, focus solely on the event that you have attended and your children’s performance so that nobody gets upset. Be Fair When It Comes To Scheduling And Maintain The Same Routine You may feel hurt whenever you think of your spouse, but it is still important for them to maintain a strong bond with the children. Stick to the visitation agreement that you both made and try to be prompt when it is time to drop off or pick up your children. Maintain the same routine that you usually do while at home too. By sticking to a regular schedule, your children will be able to rely upon the plans that are made for them and may eventually be able to accept the fact that you and their other parent will no longer be living...

read more

Should You Hide A DUI On A Job Application?

Posted by on 11:38 am in Uncategorized | Comments Off on Should You Hide A DUI On A Job Application?

A charge of driving under the influence can impact every aspect of your life, including the search for a new job. When you are applying for a job, you have to decide whether or not disclosing the DUI is necessary. If you have been charged with a DUI, here is what you need to know about the charge and its impact on your job search.  Do You Have to Disclose the Charge? Depending on the position you are applying for, the question of whether or not you have a DUI could possibly be included on the application. If it is, whether or not you have to disclose the DUI depends largely on if you have been charged or convicted.   Applications typically ask if you have a conviction. A conviction means that you either pled guilty to the charge or you were found guilty. Either way, if you are asked on an application if you have a DUI conviction, the appropriate answer is “yes.”   However, if you have only been arrested and charged with the DUI, disclosing it might not be necessary. Since the case has not been resolved, only an arrest will show on your record. Whether or not you want to disclose the arrest is up to you. If you are in the trial process and end up being convicted, you should let your employer know. If they run a background check and see the conviction, they will think you were dishonest on your application. What Can You Do? If you have been convicted, it is important that you complete the terms of your agreement. For instance, if you received probation, then pay the fines, report to your probation officer as ordered, and complete any additional terms required. Once you have finished your punishment, you can take steps to either hide or expunge your record.   Depending on the state in which you live, you can file a request for non-disclosure with the court. The non-disclosure does not remove the conviction, but it will not appear in background searches conducted by private organizations.   If you live in a state that allows for expungement, check your state’s laws to determine what you need to have the charge permanently removed from your record. In most instances, expungement is a one-time opportunity. Any future criminal acts cannot be removed.   If you have not been convicted, work with a DUI attorney to get a plea bargain for a lower charge. If you were not driving under the influence, the attorney can help you build your defense and argue your case in...

read more

Personal-Injury Claims: 3 Ways a Deposition Can Help You Cross-Examine Witnesses

Posted by on 7:08 am in Uncategorized | Comments Off on Personal-Injury Claims: 3 Ways a Deposition Can Help You Cross-Examine Witnesses

Generally speaking, approximately 95% to 96% of personal-injury claims are settled before trial; however, if your attorney can’t come to a reasonable compromise with the other party, or if you are unhappy with the settlement offered, you can still take the case to trial. In these situations, witness testimony is crucial, and your personal-injury attorney will want to hold a deposition in order to cross-examine the witness before the trial. Here are three ways that a deposition can help you. Figure Out the Type of Responses the Witnesses Are Going to Give Understanding how the witnesses are going to respond can help you and your attorney determine how to craft the questions that are going to be asked. It’ll also help you determine whether the strategies you are considering to use will be effective. The deposition gives you an idea as to the character of the witness and the type of information or testimony that they will provide. With this in mind, your attorney can determine which questions can benefit your case and which questions should be dropped at trial. Use Answers Given in Deposition to Determine Inconsistencies in the Testimony The answers that are given in the deposition can come back to haunt the witnesses. Your attorney will want to take careful note of the answers that the witnesses gave. If your attorney asks the same questions again at trial and gets a different answer, they should definitely point out the inconsistencies that the witness gave. This can discredit their testimony and make them seem unreliable. Determine Whether Additional Evidence Is Needed From the testimony given, your attorney might be able to determine whether there are any aspects of the case that they have yet to explore. They can determine whether any additional evidence is needed to either strengthen your case or disprove the facts given by the witness. For example, if a witness claimed to be at a certain location at a specific time, your attorney might want to follow up with these claims in order to determine whether the witness is trustworthy. Conclusion While your attorney will mostly take charge of the deposition, you should still play a passive role during this period. Understanding what the witnesses for the opposing party are going to say can help you determine which strategies can help you win your case. You’ll also be able to give input as to how you’d like to see your case play...

read more

Child Sports Injuries And Your Legal Options

Posted by on 4:48 am in Uncategorized | Comments Off on Child Sports Injuries And Your Legal Options

Your child has taken up a sport through school or an extracurricular sports club and has now suffered an injury. Unfortunately, your child is just one of many that suffer from sports injuries every year. What are your legal options and what steps should you take next? Go Through Your Own Insurance First In most cases, you will need to get treatment through your own health insurance company first. If you don’t have health coverage, you will need to pay out of pocket. Make sure you get the full details of the injury and a written estimate of the costs for all treatments. Go Through the Club’s Insurance The injury happened on the club’s time, so the next step is to go through that insurance. Whether it was a school or out-of-school club, there should be liability insurance. You can also file a claim against the school or club. This will require a lawyer and proof of all the damages—economical and non-economical. You will need to show that the club was negligent and liable in some way. File a Personal Injury Claim There are times that the injury was caused due to the actions of one specific player. This may have been through negligence or an intended action to cause harm. Where this is the case, you may be able to file a claim against the individual. Like filing claims against the club, you’d be best hiring an attorney to deal with it. It Isn’t Going to Be Easy While you shouldn’t be left out of pocket, proving that the injury was the club’s fault isn’t always going to be easy. Unless there was clear negligence or intent, you will often need to face the fact that your child assumed the risks by playing the game. College student Shawn Bukowski tried this after a drive line hit him in the face. He claimed the coach set the safety protocols up negligently, but the court ruled that he had assumed the risks by playing. However, had the coach known the equipment was faulty and the injury happened due to that—and Bukowski wasn’t made aware—then the coach could have been held liable. There is an element of risk when playing sports, and parents and children will accept these by playing. However, there are still steps that schools and clubs must take. If your child is injured, know your legal rights and talk to an attorney at a law firm like Trump & Trump if your child is injured playing...

read more

Help! In Florida, Can You Sue Someone for Giving You an STD?

Posted by on 9:40 am in Uncategorized | Comments Off on Help! In Florida, Can You Sue Someone for Giving You an STD?

According to floridahealthgov.com, each year there are 20 million new cases of STDs, with half of those affecting people between the ages of 15 and 24. If you are one of the statistics but were unaware that you were sexually involved with someone who had an STD, you may wonder if there is any recourse. According to Florida statutes, there may very well be. STD Crime in Florida: Sexual Intercourse If you have sexual intercourse with a person who is aware of the fact that they have an STD and did not disclose this information to you prior to sexual intercourse, they committed a crime, a first-degree misdemeanor. Under Florida law, sexual intercourse includes not only vaginal sex but also includes oral sex and anal sex as well. STD Crime in Florida: HIV Transmission According to the Centers for Disease Control and Prevention, in 2013, there were about 47,165 people diagnosed with HIV in the United States. The site also states that in that same year, there were about 5,364 people diagnosed with HIV in Florida, making it the state with the most diagnosed HIV cases that year. In the state of Florida, if you engage in sexual intercourse with someone who was aware they were infected with HIV and did not tell you this fact prior to intercourse, it is not only a crime but also a felony offense. STD Crime in Florida: Penalties In the state of Florida, courts use the Criminal Punishment Code to determine punishments for felony crimes. The punishments will depend on the circumstances themselves as well as the crime charged. However, generally speaking, a first-degree misdemeanor in Florida is punishable up to a year in jail and a fine of as much as $1,000. A third-degree felony is punishable up to five years in prison and a fine of as much as $5,000. Proving Your Florida STD Claim In order to prove your claim, you will need to show proof that your sexual partner knew that they had an STD. In addition, they must tell you they are infected with an STD before you engage in sexual intercourse, not during or after the fact. You will not have a case if you were informed of their STD status and consented to the intercourse anyway. Also, you may not have a case if the person was not aware that they had an STD, but you still contracted an STD from that person. If a sexual partner has transferred an STD to you, whether or not you can sue depends on the circumstances. If you need help with your case, it is best to consult a personal-injury lawyer such as Roberts Miceli LLP....

read more

3 Questions You Shoud Ask Your Attorney After Your 3RD DUI In Florida

Posted by on 6:36 pm in Uncategorized | Comments Off on 3 Questions You Shoud Ask Your Attorney After Your 3RD DUI In Florida

If you have two previous convictions for drinking while driving or similar charges and have recently been arrested for the same charge again, it is essential for you to obtain immediate and qualified legal representation. Unfortunately, the state of Florida is known to take this type of situation very seriously and you could be looking at spending some time in jail or prison. Therefore, before speaking with law enforcement or going to court, you should consider the following tips.  #1-Choose An Attorney Who Can Make Reasonable Estimates As To What Will Happen In Court Although it is very unlikely that any attorney would guarantee that he or she can get you off of all the charges, you may find that some attorneys are less frank about what will happen. For instance, Florida has the right to send you to prison for several years if you are convicted of your third DUI. However, that does not have to happen and an experienced DUI attorney will be able to discuss any plea bargains that you might ask for.     #2-Discuss The Circumstances of Your Previous Convictions One of the more common mistakes that people who have been previously convicted of DUI two or more times often believe is that convictions in other states or that happened many years ago do not count. Unfortunately, that does not tend to be true. Therefore, it is crucial for your attorney to have a of the information for previous arrests and the results of those offenses, so that he or she can provide you with the best defense possible.   #3-Mention All Of The Pertinent Details From This Arrest It can be tempting to omit some of the more embarrassing details from your most recent arrest.However, your attorney will almost definitely have heard it a before and is unlikely to judge you. If you argued with the police, did not have your license with you or declined a breathalyzer test, your attorney needs to know. That information could impact your case, so be as honest as you can when speaking with your possible attorneys. In conclusion, you may find your options in Florida after your third charge of driving under the influence of drugs or alcohol to be quite limited. However, you should apply the above advice about choosing criminal law attorney as soon as you can after your arrest so that you can be sure you have made the best choice you can during this stressful time. If you’re interested, click here for more info about criminal defense...

read more

FAQs About Receiving Medical Treatment From A Workers’ Comp Claim

Posted by on 5:10 am in Uncategorized | Comments Off on FAQs About Receiving Medical Treatment From A Workers’ Comp Claim

A major part of workers’ compensation is receiving medical care. Ideally, your employer’s insurance company will cover the costs associated with your medical bills. However, this does not always happen. If you were injured on the job and need medical care, here is what you need to know.  Who Chooses the Medical Care Provider? Who has the power to select the medical care provider that treats your injuries depends on your state’s laws. In some states, the insurance company has the right to choose the provider. In others, you have the right. Before seeking out non-emergency medical treatment, contact your state’s Department of Labor (DOL) to determine whether you or the insurance company can make the decision.  What If You Do Not Agree With the Provider Chosen? If the insurance company had the right to choose your provider, it is important that you understand why this might not be in your best interests. The doctor who cares for you helps to determine the nature of your injuries, how serious they are, and whether or not you can work. If the doctor is biased towards the insurance company, you could face problems with your workers’ compensation claim.  If you do not agree with the provider chosen, check with the state’s DOL to determine if you can request a new doctor. If not, you will need to work to ensure that the doctor fairly assesses and reports your injuries.  What Can You Do? One of the ways you can protect your claim is to ensure that the doctor correctly notes the nature of your injuries. You can ask to see the records and request corrections, if necessary.  You also need to be detailed in reporting your injuries. It is not enough to say you are in pain; you need to be specific about the severity of the pain and its location. Provide the doctor with examples of how your pain is impacting your everyday life.  In addition to these measures, avoid speculating about your injuries. If you do not know the answer to a question posed by the doctor, state that you do not know or that you cannot answer the question at that time. If you speculate, you could be an accomplice in the doctor forming the wrong opinion.  To find other ways to protect your claim, consult with a workers’ compensation attorney from a firm like Salley Law Firm PA as soon as possible. The attorney can also help with other aspects of your...

read more