What Is Criminal Law And How Should You Select A Criminal Lawyer

What Is Criminal Law And How Should You Select A Criminal Lawyer

What is Criminal Law Exactly in Colorado? Each and every breaking of law is composed of criminal characteristics. Capital penalty may be levied in some legal powers for the most substantial crimes. More »

How The Law Treats Bankruptcy

How The Law Treats Bankruptcy

Bankruptcy law is incredibly complex. There are a myriad of details and nuances, and each is addressed differently in court. There are several types of bankruptcy and the decision of which type More »

Important Attachment And Contents Of An Attorney Resume

Important Attachment And Contents Of An Attorney Resume

An attorney resume is a very important attachment when you are applying for a job. It must be made appealing and presentable by writing it on immaculate white stationery. Resume states your More »

Corporate Law Jobs And The Opportunities They Provide

Corporate Law Jobs And The Opportunities They Provide

Career opportunities are abundant for those that seek employment in corporate law jobs. In-house counsel is needed for many of the larger corporations that exist today. Plus, smaller business will seek the More »

what’s In A Name – Just Your Business Survival!

what’s In A Name – Just Your Business Survival!

What’s so important about how I sign my name?” I get asked that question all of the time from my business consulting clients. I tell them that a better question to ask More »

 

What Is Criminal Law And How Should You Select A Criminal Lawyer

What is Criminal Law Exactly in Colorado?

Each and every breaking of law is composed of criminal characteristics. Capital penalty may be levied in some legal powers for the most substantial crimes. Genuine physical or corporal concerns may very well be imposed comprising beating or punishing. Though, these consequences are not permitted much of the world. Individuals might well be imprisoned in prison or correctional centers in many components as per the legal system. Detention might be aloof. The duration of prison time may vary up to great extent from a day to life.

The national government administration has a right to execute even a house arrest, while offenders usually have to adapt with particular specifications during a bail or trial regimen. Tickets can also be forced, seizing money or house from the person convicted of a crime.

In Defense Law, the suit is initiated by the prosecutor through the state regime or government in place of being started by the victim. Petitioners in a civil law suit just have to show by a blend of the proof that a suspect is 51% and up in charge answerable for the damage. Yet, the prosecuting attorney in a defense law case has to prove in front of the jury “beyond the shadow of a doubt” that how a suspect is guilty of the crime indicted.

Criminal defense lawyers should be graduate scholars of an American Bar Association qualified law university and should also have cleared the test of California. After clearing the bar exam they join the law firm to learn how exactly deal the cases in both state and federal courts.

How to Choose a Right Denver Criminal Defense attorney?

When selecting a criminal defense lawyer, it is also important to see their knowledge and understanding about your case. It is always good to have a professional on your side that knows how to defend you from the charges or you have to face serious consequences like imprisonment or may be more. A professional criminal case lawyer fights against the suit effectively with the experience he got from past cases. So always check their experience in dealing with the cases like your case. Choosing a lawyer who is familiar with your community as well as the kind of case can also encourage you to believe that you are in safe hands.

It is really difficult time when you experience charges of some criminal offense. Being a suspect can be a very tough experience, during this time finding a good lawyer could be really a great help for any accused. He can also assist you with taking adequate steps toward freedom from legal distresses. Keeping this feature in deliberation can offer great help.

How The Law Treats Bankruptcy

BankcruptcyBankruptcy law is incredibly complex. There are a myriad of details and nuances, and each is addressed differently in court. There are several types of bankruptcy and the decision of which type to declare is a matter of individual circumstance. It is generally defined as the process a person goes through to ask for legal protection from the court from his creditors. Sometimes, the court will grant full discharge of the debts. Other times, only a partial discharge is granted. Some debts, according to federal law, cannot be dismissed.

Below, we’ll explore how the legal system treats the different types of bankruptcy. You should speak with a bankruptcy lawyer to determine which type is most appropriate for your personal or business circumstances.

What Is Chapter 7?

This is the most common form of personal bankruptcy. The court will appoint a trustee to review your assets. Some will be sold to pay a portion of your outstanding debts. Depending upon the state in which you live, you may be able to retain ownership of some assets. In the end, the court will usually discharge most debts under Chapter 7 protection.

What Is Chapter 11?

This form of bankruptcy is mostly declared by businesses because it allows them to avoid liquidation or closure. The business may continue operating even while its debts are dismissed. Chapter 11 is often referred to as “reorganization” and has endured reproach from those who consider it an easy “escape plan” for ineffective management. Most businesses opt for Chapter 11 because Chapter 7 requires closure of the business.

What Is Chapter 13?

Protection under Chapter 13 is exclusively for individuals . Under this form of bankruptcy, the debtor will create a plan through which he will pay back the money that is owed over time. If the bankruptcy court approves his proposal, it will assign a trustee to the case. The debtor will make all payments to the trustee. The trustee has the responsibility of disbursing the payments to creditors, according to the debtor’s proposal.

Are Bankruptcies Always Granted?

The courts will usually grant bankruptcy protection to individuals and businesses who are in severe financial distress. That said, there are situations in which the court will refuse. For example, if a debtor cannot offer a sufficient explanation about the loss of personal or business assets, a bankruptcy court may not grant protection. Similarly, if the court discovers that a debtor is trying to hide assets (for example, transferring money into a child’s bank account), protection may be denied.

Getting Advice

As mentioned, bankruptcy law can be complicated and every case should be reviewed on the merit of its unique circumstances. What’s more, the laws which govern the level of protection offered to debtors can change quickly. That is why seeking the counsel of a bankruptcy lawyer is critical. An attorney can help identify which form of protection is best-suited for every situation.

The effects of filing for bankruptcy can have a long-lasting personal and business impact. And that makes having competent legal advice even more valuable.

Important Attachment And Contents Of An Attorney Resume

An attorney resume is a very important attachment when you are applying for a job. It must be made appealing and presentable by writing it on immaculate white stationery. Resume states your personal details including your academic background and work experience.

The attorney resume still conforms to the usual contents with some modifications though which is obviously not inevitable. A sense of uniqueness may be found on the working experience and legal practice of the applicant. In a nutshell, a reader can always say that the applicant is a master of all trades. When the person applying for a job is a lawyer there may be a unique format and style though it does not deviate totally from the standard format in making one.

Tremendous hardships have been encountered. to have the title of an “Attorney”. It is never a joke before a person becomes a lawyer. A law graduate who has eventually earned this prestigious title can really cry remembering those sleepless nights and mind-twisting gymnastics with their professors, not to mention the thrill and drama of taking the Bar Exams. It is relevant to include the academic background of the applicant, particularly the law school where he or she has earned such noble degree.

As a credential for job application, a certification for his admission to the legal practice will suffice. The certification issued by the Supreme Court serves as evidence of legitimacy as member of the Bar. A practicing lawyer must be recognized through membership in the bar where names are found in a roster of lawyers.

Aspiring for better opportunities in life is not a monopoly of anyone, thus it is not surprising when you hear of a law practitioner applying for a corporate position. It must be noted that lawyers are also people who wish to discover new avenues in life in line with their legal practice. These law professionals may be in established law firms and have made a name for themselves through their years of practice yet they want greater adventure and you will learn that they also make an attorney resume.

Corporate Law Jobs And The Opportunities They Provide

Career opportunities are abundant for those that seek employment in corporate law jobs. In-house counsel is needed for many of the larger corporations that exist today. Plus, smaller business will seek the advice and assistance of small, private practices. For those with financial know-how, there are always employment opportunities in a big law firm.

Many large corporations require at least a few in-house counsel members that can provide advice and assistance in legal matters. If the company is needs to go to court, these persons would provide their representation. However, this is not their primary job requirement. That is to try and keep the business from having any legal issues arise and to advise on other business-related matters such as employment contracts.

Rather than being employed by someone else, some people will prefer to go into business for themselves. Those in private practice usually represent much smaller companies, which may not require assistance on a full-time basis. They will call upon the lawyer when the need for their services is necessary.

A corporate lawyer may also choose to pursue employment in the job market at one of the big firms that are already well-established. This usually requires at least some expertise of financial instruments or the field of economics. These persons usually review the documentation related to the marketing and offering of certain types of investment vehicles.

Related to this area, a lawyer at a big firm may also have knowledge related to mergers and acquisitions. These people must have at least some understanding of accounting and how businesses operate. Their expertise is relied upon in order to make the transition as smooth as possible.

While an economy that is on a upswing is going to necessitate a greater need for the corporate lawyer, there are always corporate law jobs available. This is a broad field that requires a great deal of expertise in many different areas. The provision of different types of career opportunities makes it even more attractive.

what’s In A Name – Just Your Business Survival!

What’s so important about how I sign my name?”

I get asked that question all of the time from my business consulting clients.

I tell them that a better question to ask me is this:

“Who cares about how I sign my name?”

The answer is a simple one.

NOBODY.

FINE PRINT: Except… your customers and clients, your creditors, your bank, your mortgage company, your landlord, the I.R.S… oh yes… and anyone else that wants to SUE YOU (and don’t forget ALL their lawyers!).

As in many areas of the law, the exception to the rule swallows up the rule!

What do I mean by this?

Well, let’s start with some basics. For instance, if you’ve already formed a corporation or limited liability company (LLC), you may think that you’re already protected from personal liability in the event of a lawsuit against your business.

In general, the rule is that a corporation or LLC, if formed correctly, and if all of the formalities required under the law of the State where the entity was formed are followed, does protect you from personal liability for business debts and lawsuits.

FINE PRINT: Except… when you choose to do business as an individual, and not as the corporation or LLC that you initially formed.

You see, whenever you sign documents like contracts, purchase orders, contractual agreements, leases, loans, mortgages, promissory notes, and most other legal documents involving your business, you need to make sure that you sign your name only in your business capacity.

You MUST avoid signing your name in your individual capacity.

And how do you do that? It’s pretty simple. You see, the format that you use to sign your name is the controlling factor.

In many cases, you as the business owner, sign your name without knowing how to properly sign your name to business documents. In fact, most business owners of corporations and LLC’s still sign legally binding agreements in their individual capacity…and not as the business.

SIGN AS AN AGENT OF YOUR BUSINESS

If you have formed a corporation or an LLC, you must remember to sign all contracts, agreements, invoices, etc… as an agent of the business.

For example… Many business owners haphazardly, or perhaps inadvertently, sign legal documents like the format shown in

EXAMPLE 1 below:

EXAMPLE 1

(signature)
————————
John Doe

“But what is the consequence of signing my name like in EXAMPLE 1 above to invoices, agreements, or documents?”

EXAMPLE 1 and the above signature format legally establishes that YOU have signed the contract, invoice, loan, or agreement as an individual.

And not as an agent on behalf of your business.

If you sign your name to agreements in the form depicted in EXAMPLE 1 above, YOU could very well be liable personally to meet all of the terms of the agreement.

And you likely don’t want to do this!

Why Simply out, because you’re therefore subjecting all of your business assets and personal assets as well to the risk of a lawsuit.

If you sign agreements as depicted in EXAMPLE 1 above, YOU will very likely be named personally, as well as your business, in any lawsuit filed against the business.

Remember then:

Signing your name like in EXAMPLE 1 above DOES NOT establish that you have signed the agreement as an agent on behalf of your business.

“Okay. So how should I sign my name to my invoices, contracts, leases, loans, or any other business agreements?

What simple step can I take to protect my business, and my personal assets as well?

SIGN DOCUMENTS ONLY AS AN AGENT OF YOUR BUSINESS

Make sure that you only sign legal documents, letters, memos, invoices, loans, leases, etc… as an agent of your business.

How must I sign my name to any legal document or agreement to show that I am signing only as an agent of my business?

Follow EXAMPLE 2 below:

EXAMPLE 2

ABC CORPORATION, INC.

(signature)
———————————–
BY: John Doe
President (Company Title)

If you sign your name on the dotted line following the exact format depicted in Example 2 above, you legally establish that you are only signing as an agent on behalf of the business…and not in your individual capacity.

But you MUST follow the Example 2 precisely.

CAVEAT: Another very important point on this topic.

AVOID SIGNING documents that state “PERSONAL GUARANTY” on them.

A Personal Guaranty is usually a separate legal document attached to the main agreement. You generally see a Personal Guaranty in a loan, mortgage, or lease. However, sometimes a Personal Guaranty can be established just by the way you sign the legal document, invoice, lease, or agreement.

How?

Simple. If the agreement merely has a signature line that has your individual name on it without any reference to your business name, you are signing the document as a Personal Guaranty. You are therefore personally liable for that agreement if you sign the agreement with such a signature line.

But, what do I do if I am being required to sign a Personal Guaranty, like for a business loan or commercial lease for example?

If a Personal Guaranty is required, you or your lawyer should negotiate a limited period of time (the shortest possible) that the Personal Guaranty will bind you as an individual.

Remember, if you formed a corporation or LLC in the first place, you did it to avoid personal liability and to protect your personal assets. Anyone who does business with your company should, and usually does, know this. So, be careful. Other possibilities can be negotiated too. Just do your best not to sign in your personal capacity by signing a Personal Guaranty.

It’s important to remember to only sign legal documents, invoices, and even letters as an agent of your business. (Follow the format found in EXAMPLE 2 above).

How else can I make sure that I am signing my name properly to all of my business documents?

Call your attorney to review all of your agreements, invoices, leases, and legal documents BEFORE you sign them. Your attorney will offer sound advice that protects YOU, your loved ones, and your business.

Now, let’s review.

What’s in a name?

Well… besides your business…

…it could be all of YOUR personal and family assets!

The best advicve especially in the midst of tough economic times or a Recession, is to have any document you sign first reviewed by your lawyer or business consultant.

Copyright (c) 2008. Miguel Mendez, Jr. All rights reserved.

What You Should Know About Child Custody Law In Nevada

Child custody cases are difficult, expensive and emotional, both for clients and their lawyers. Child custody lawyers should be experienced enough, compassionate enough, and tough enough to either negotiate or litigate the easiest as well as the most complex in contentious custody cases that are pursued in Las Vegas, Nevada. Look for a law firm that has proven it can efficiently and aggressively handle these complex cases on behalf of their clients.

Child custody law in Nevada has undergone dramatic changes as a result of legislative and Nevada Supreme Court decisions.

*There is no longer a tender years doctrine. Mothers are no longer automatically preferred custodians, but have to prove their fitness just as fathers do.

*Nevada law has changed to favor joint legal and joint physical custody arrangements between parents, where the parents have an equal role in child rearing after divorce or separation.

*Non-custodial parents no longer have to settle for a simple every other weekend schedule. Parents are being required to alternate weeks, or divide the weeks equally, unless they can prove why joint physical custody is not in the best interest of their children.

*Las Vegas Child Custody lawyers have to be sharp enough to quickly analyze the given facts to advise their clients about whether to settle for joint physical custody or fight for primary custody. A recent Supreme Court decision has determined a parent having 40% of custody time qualifies as a joint physical custodian.

*Based upon the decision between primary custody and joint physical custody, parents have to deal with changing legal standards. And their decision impacts the amount child support, relocation issues, where the child attends school, tax deductions and other important parenting issues.

*Parents no longer have to have “equal time” to be considered joint physical custodians.

*Complex factors have to be presented to the Court to facilitate a wise decision to serve the best interest of the children, while not destroying the family.

For instance the “best interests of the child” standard is still the paramount consideration of the Court in Las Vegas Child Custody cases; but sometimes the best interests of the child conflict with a parent’s best interests. If the parents share legal and physical custody jointly, there is still child support to be paid by the parent who earns more than the other. The relocation to another state standards change based upon whether the parents share joint physical custody or whether the moving party has primary physical custody.

In Potter v. Potter the Nevada Supreme Court decided to make it extremely difficult for a joint physical custodian to relocate to another state without parental consent. With primary physical custody, a parent can more easily relocate.

Custody lawyers need to know how to advise clients and present custody cases to the Court to help their clients prevail. They should know the nuances in the law, and the individual preferences of the judges on how cases should be handled and presented.

Joint physical custody is easier to get, but it impacts child support and even school issues. Parents sharing physical custody who do not live in the same area of Las Vegas often cannot decide which school the child should attend.

The Nevada Supreme Court in the Rivero v. Rivero decision has further complicated the distinctions drawn between primary and joint physical custodians. Child custody lawyers unfamiliar with the nuances of these recent changes in the law can make litigating a family court case difficult for all parties involved.

Make sure your attorney emphasizes keeping clients informed, and cases are well prepared, so as to ensure the best chances of serving the children’s best interests, be it through settlement or litigation.

What To Do When You Fall Behind On Taxes

Ideally, you would never have situations in life when taxes become a problem. Unfortunately, life isn’t always ideal. Situations arise and you might find yourself well in over your head with tax debt. It can be a lonely place to be, and you might try to do everything you can to conquer the debt alone, but it can be a bit hard to catch up. If you find yourself in this situation, contact a tax attorney inSacramento. Here are some services a tax attorney can offer you.

1. They have the experience necessary to find the best solutions to your needs. They offer the skill of resourcefulness in knowing the laws and knowing the options. There are things that might be choices for you that you are unaware of. An experienced attorney is going to have your best interest in mind and discuss all the options with you.

2. A tax legal teamshould havecollective years of experience working with the Internal Revenue Service. They know how to find answers that can save you, as a taxpayer, hundreds or thousands of dollars. A tax attorney is familiar with the Internal Revenue Service’s policies.

3. The tax process is very complex. A tax attorney will work with you on a personal level to remedy your situation. Youwant to choose a law firm that is known for exceptional customer service. A firm focused on customer servicewill not take on so many clients that they are unable to give your case thetime and attention it deserves. Ask a potential law firm what their case load is, andfind out what their preferred method of communication is. If you call or emaila law firm and are on hold fora long time or youdon’t hear back for more than a couple days,then that law firm is probably not ideal foryou.

4. Tax attorneys offer services relating to tax settlement, IRS installment agreements, IRS bank levy releases, IRS wage garnishment releases, and much more.

5. You want a law firm that keeps your financial well-being in mind and offers services at a fair cost. They might also charge different fees depending on what your income is, making it affordable for you.
You don’t need to struggle alone when faced with tax issues. A tax attorney inSacramentocan help.

What Type Of Legal Services Carl Ceder Offers!

When it comes to protecting your legal rights, having a good attorney by your side is definitely the golden rule. And as Carl Ceder underlines, each individual is entitled to the best defense in court! It is for this reason that Carl David Ceder is committed in offering each client the best defense policy! The main areas of practice include assault and drug charges, sex offenses, jail release, appeals, white collar crime, with a particular focus on charges of DWI, Driving While Intoxicated. For learning further information, contact him via email or phone!

A great attorney is that attorney who is 100% committed and passionate about the fight for protecting individual rights. And this is exactly what Carl Ceder guarantees each client: a winning strategy! Together with his expert staff, Carl David Ceder prepares each case with maximum of attention. Using an aggressive (positively aggressive!) attitude, this Texan attorney offers legal guidance for several types of charges.

So, when exactly you can call Carl Ceder? Well, its simple: any time you need specialized legal expertise for a variety of situations. The list of services provided includes assault, theft and drug chargers as well as record sealing, jail release, writ bonds and white collar crimes. Among the other important areas of practice Carl David Ceder has specialized in, we can mention appeals and federal defense, divorce and child custody issues.

Besides Family Law, Criminal Defense and Personal Injury, Carl Ceder will provide assistance any time needed for charges of DWI (Driving While Intoxicated). Actually, this is one of the domains where Carl David Ceder has some years of experience, thus combining a solid theoretical preparation with tips and knowledge accumulated from years of practice.

As it turns out, when it comes to a solid court defense, is not enough to hire an attorney who knows legal practice only from books and courses. What you need is a combination of experience and theory, a smart combination that can lead to the best results! Well, Carl David Ceder does just that: he backs up theory with precedents. And, as his records show, its a combination always 100% successful!

The truth is that Carl Ceder covers many legal areas. For a clear idea on whether he can provide legal assistance for your case or not, its recommended to contact his office by email or phone. And if you want to learn more on the success rate of the cases handled by this highly competent Texan attorney all you have to do is take a look at his official webpage.

Protecting your legal rights and facing the charges in the best way possible cannot be done unless you receive the best assistance. So, dont think twice and dont make any compromises: hire the most competent attorney for the best defense! Fight for your rights by the side of a great legal practitioner!

Sheffield Conveyancing Lawyer And Fraudulent Behaviour In Property Transactions

One expects to be entering into a professional and legal arrangement where there is a mutual respect for the other’s interests when you visit anybody in the legal profession, or any other profession for that matter.

Now, this is not to say that one should enter into any arrangement blindly, without checking out the repercussions of such a business deal, yet there is a certain amount of honour that one expects simply to be implicit within the bond.

Unfortunately, there are people who will take advantage of good natured people and use this to swindle them out of their money in any business, even the legal profession. When a crooked Sheffield conveyancing solicitor was found to be ripping of homeowner’s through systematic cheating, this was the unfortunate case.

The lawyer, who worked for a leading Sheffield law firm had been a former partner within the firm and was well respected, not only in the community but in the legal circles that he frequented. However, after a client made a complaint about him, the mystery to the missing hundreds of pounds that had disappeared from his previous clients’ deals began to unravel and his scam was exposed.

This abuse of trust was made easy by his level of seniority in the company, which makes it all the more serious as he could have had access to much more funding, given more time to plan; the solicitor was in charge of arranging house sales which included a lot of money handling, providing him with an easy option to skim some extra money off the top of the company’s profits.

An internal audit saw that the lawyer had been secretly pocketing cash from conveyancing deals that should have gone straight to the firm, by demanding that invoices and cheques be made out to his name as opposed to the firm’s.

This was still a clear case of gross misconduct and the solicitor has been struck off the legal register and although no clients technically lost any money because of his underhand dealings as the money was destined to go to the firm, the firm now has a long way to go in regaining their reputation as a top Sheffield law firm.

This abuse of power is despicable, however you should not allow one story about a crooked lawyer put you off seeking legal advice from solicitors; if you do have any queries about the conveyancing process then you should compare the market of Sheffield conveyancing solicitors, before deciding on one that you can trust.

Introducing Criminal Law

Criminal LawMurder, rape, burglary. These are what we know today as crimes, but it was not always so. Back in Roman times these were simply offenses against the individual. It was not until later on in post-Roman Europe that concept of offenses against the social order emerged. These offenses are so serious that they are dealt with by separate laws. Criminal law.

If you commit an offense that harms society as a whole then you will be subject to the penalties determined by criminal law. If you commit an offense that harms only an individual then you will be subject to the penalties determined by civil law. Under criminal law a defendant is likely to face jail time, whereas under civil law a financial penalty is a more likely punishment.

For a crime to have been committed two conditions need to be present: the criminal must have had a criminal intent, and they have to have undertaken the act. Mens rea is the legal term for criminal intent, and actus reus is the legal term for having committed the act. There are some rare crimes that do not need these two conditions to be present, and these are crimes of strict liability. With these crimes it does not matter whether there was intent or not.

State statutes, case law and federal statutes are the three main ways that crimes are defined. Of these the most interesting is case law. Case law emerges from specific trials, where judges publish their rational for rulings. These opinions serve as precedents for future cases. However, exactly what constitutes a crime is sufficiently broad for defense lawyers to make arguments case by case.

There are a number of elements that make up a criminal offense, and in the US criminal justice system the main thing that is debated in the trial courtrooms nationwide is whether each of these elements was present. This holds true whether the trial is in the state courts, federal courts, or special state criminal courts