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Ask A Lawyer in
93401, 93402, 93403, 93405, 93406, 93407, 93408, 93409, 93410, 93412
A lot of people do not think about choosing a lawyer till they are in desperate need. The lawful problem may possibly be personal, like family law, for a breakup or if you are searching for a bankrupcy or trust law firm. It may be a felony situation you want to be defended on. Companies need to have attorneys as well, regardless of whether they are being sued for discrimination, sexual harassment, or maybe unjust business practices. Tax attorneys are also beneficial any time engaging with government issues. Just like doctors, lawyers have expertise. A sizeable, full service law firm has numerous lawyers with numerous areas of competence, so relying on your personal legal issue, you can instantly hold on to the finest law firm to satisfy your up-to-date need without having to begin your search each time you need legal support.It is best to find a lawyer you can believe in. You want one with a decent record, who istruthful, efficient, and wins cases. You want to have assurance that they will stand for you accurately and invoice you fairly for their services. Oftentimes a word of mouth from a buddy or business associate can be very helpful, having said that you should keep your options open and review all the firms accessible, due to the fact when you want legal help, you need it instantly and you really want the very best you can afford. Thank you for hunting for a lawyer or attorney with us. Your time is valuable, and Action Pages, at Actionyp.com, is pleased to offer you specific search parameters to satisfy your necessities. We consistently make an effort to concentrate on the most popular phrases so you can immediately find anything you are searching for.

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What Should I Look For In A Lawyer?
I Need A Lawyer To Represent Me And This Would Be My First Time Dealing With One.

First, you need to find out if the lawyer has experience in the type of case you're considering. Then you need to find out if the lawyer is someone with whom you're comfortable... is the fee something you're able to pay comfortably... is the lawyer someone who returns your calls promptly (believe it or not, this is the most frequent complaint clients have about lawyers!) is the person too busy to give personal attention to your case.

Then you have to decide if you trust the lawyer. If you've been promised a big win...run the other way. If you've been given a reasonable analysis of your case, what its weak points are as well as its strengths, then you're on the right track.

Miranda Rights In Fla.- Legal Question.?
When Is It Procedure To Read The Arrestee His Rights? A.- Before Being Handcuffed? B.-After Being Handcuffed? C-Before Questioning ? D. All Of The Above. Should You Be Told What You'Re Being Charged With, During Time Of Handcuffing? What If They Won'T Tell You Your Rights Nor What You Are Being Charged With Until 30 Minutes Later?( After Being Escorted In The Back Of A Squad Car Downtown.)

It would be important to know if you're talking about an adult or juvenile arrestee. In my state, I'm required to provide a Miranda admonition to a juvenile immediately upon arrest, whether or not I intend to question them. Florida may have a similar law.

Florida may also have some specific state law that deals with this issue, though I would not think so. Constitutionally, you are only required to be "Mirandized" if you are in custody or the functional equivalent thereof, and if you are being questioned about the crime you were arrested for.

Your question leaves out other possible options. For instance, handcuffs may have nothing to do with a Miranda admonishment, or they may have everything to do with it. And if you are not in custody, Miranda does not come into play before or during questioning of any kind.

And the "all of the above" thing doesn't make much sense in light of the first two possible answers...it would suggest that I'd have to read an admonition to you before I put the handcuffs on you and after I put them on...twice in the space of less than 15 seconds.

Being told what you're "charged with" (and really, you should say "arrested for" as the police make arrests and the prosecutors charge defendants) has nothing to do with Miranda. In my state, I'm supposed to tell you what I'm arresting you for unless it's obvious under the circumstances. There is no specific direction as to when I'm supposed to tell you and I doubt there is in Florida, either.

If "they" won't tell you your rights or why you've been arrested for 30 minutes, I'd say it means nothing more than they didn't tell you your rights or what you were arrested for, for 30 minutes. It's always been possible to be arrested and sent to court without hearing a Miranda admonition from the police because, in the absence of a state law requiring it, Miranda does not come into play unless you are being questioned about the crime you were arrested for. No point in reading it to you if you're not going to be questioned.

Mesothelioma Lawyers Pls We Need One?
My Father Was Diagnose Of Mesothelioma And We Need A Mesothelioma Lawyers That Can Stand For Him And Claim Back The Damages From The Company Where He Contacted It .

the only ones getting anything out of this is the lawyers, most illnesses that are related were NOT the fault of the employers and most of those currently being diagnosed were aware of the risk before they started working.....
i do not know your situation and i truly hope you get the help you need and deserve but realize that an attorney is going to get rich and you are going to get very little if anything at all.....

be careful about the payment agreement, NO attorney works for free..... attorneys who work on a contingency basis do so for their "fees" only and charge for ALL EXPENSES win or lose....

Im Taking My Baby Mother To Court For Visitation Rights?
I Am Getting A Lawyer And Have Talked To Him And Plan On Filing A Suit Against My X Girlfriend For She Doesnt Want To Let Me See My Daughter Without Her Watching Me Like Im Going To Hurt Her. I Have To Drive 30 Min Every Time I Want To See Her. Now My Question Is When She Gets Served Does She Need To Get Her Own Lawyer Or Does The State Provide Her With A Lawyer

Lawyers are only provided by the state in criminal matters. Child custody is a civil matter, and she must obtain her own attorney. Low cost legal representation is often available through legal aid societies.

What'S The Divorce/Custody Process In Pa?
I Was Married In Nj 1 Yr An 7Mo. Ago And We Now Currently Live In Pa. Things Are Really Rocky And I Know It Won'T Change. He Agree'S On The Divorce And We Really Dont Own Anything (We Rent, Separate Bank Accts., We Have No Debt Together) We Cant Afford Fancy Lawyers. And I Think The Only Bump In The Road Of This Process Would Be The Custody Of Our Son. I'M In Agreement Of Visitations Because My Son Has Right To Know His Father, But I Want Full Custody. Maybe This Is Wishful Thinking But I Think This Is A Mutual Agreement That Will Go Smoothly. Any Thoughts On How I Can Get Started? Will I Need A Lawyer Or Can I Do This Process On My Own?

State Divorce Laws: Pennsylvania

Residency and Filing Requirements: In order to file for a divorce in Pennsylvania, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:

Either spouse must be a resident of the state of Pennsylvania for at least six months prior to filing. A proceeding for divorce or annulment may be brought in the county: 1.where the defendant resides; 2.if the defendant resides outside of this Commonwealth, where the plaintiff resides; 3.of matrimonial domicile, if the plaintiff has continuously resided in the county; 4.prior to six months after the date of final separation and with agreement of the defendant, where the plaintiff resides or, if neither party continues to reside in the county of matrimonial domicile, where either party resides; or 5.after six months after the date of final separation, where either party resides. (Pennsylvania Consolidated Statutes - Title 23 - Sections: 3104)

Grounds for Filing: The Complaint for Divorce must declare the appropriate Pennsylvania grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:

No-Fault Grounds:
Mutual consent.--The court may grant a divorce where it is alleged that the marriage is irretrievably broken and 90 days have elapsed from the date of commencement of an action under this part and an affidavit has been filed by each of the parties evidencing that each of the parties consents to the divorce.

Irretrievable breakdown.-- The court may grant a divorce where a complaint has been filed alleging that the marriage is irretrievably broken and an affidavit has been filed alleging that the parties have lived separate and apart for a period of at least two years and that the marriage is irretrievably broken.

Fault Grounds:
1.Committed willful and malicious desertion, and absence from the habitation of the injured and innocent spouse, without a reasonable cause, for the period of one or more years. 2.Committed adultery. 3.By cruel and barbarous treatment, endangered the life or health of the injured and innocent spouse. 4.Knowingly entered into a bigamous marriage while a former marriage is still subsisting. 5.Been sentenced to imprisonment for a term of two or more years upon conviction of having committed a crime. 6.Offered such indignities to the innocent and injured spouse as to render that spouse's condition intolerable and life burdensome. (Pennsylvania Consolidated Statutes - Title 23 - Sections: 3301)

Counseling or Mediation Requirements: The court may order the parties to attend an orientation session to explain the mediation process. Thereafter, should the parties consent to mediation, the court may order them to mediate such issues as it may specify.

The court shall adopt local rules for the administration of the mediation program to include rules regarding qualifications of mediators, confidentiality and any other matter deemed appropriate by the court.

The court shall not order an orientation session or mediation in a case where either party or child of either party is or has been a subject of domestic violence or child abuse at any time during the pendency of an action under this part or within 24 months preceding the filing of any action under this part.

The Supreme Court shall develop model guidelines for implementation of this section and shall consult with experts on mediation and domestic violence in this Commonwealth in the development thereof. (Pennsylvania Consolidated Statutes - Title 23 - Sections: 3302 and 5303)

Filing Spouse Title: Plaintiff. The Plaintiff is the spouse who initiates the filing procedure with the family law or domestic relations court.

Non-Filing Spouse Title: Defendant. The Defendant is the spouse who does not file the initial divorce papers, but rather receives them by service.

Court Name: Court of Common Pleas, __________ County, Pennsylvania. This is the Pennsylvania court where the divorce will be filed. The court will assign a case number and have jurisdictional rights to facilitate and grant the orders concerning, but not limited to: property and debt division, support, custody, and visitation. The name of the court is clearly represented at the top of all documents that are filed.

Primary Documents: Complaint for Divorce and Decree of Divorce. These are the essential documents needed to start and finalize a divorce according to Pennsylvania law. There are anywhere from ten to twenty other documents that may be required throughout the filing process. A few other documents that are typically filed during the process are: Affidavit of Verification, Domestic Relations Income and Expense Statement, Notice to File Social Security Numbers, Marital Settlement Agreement , Acknowledgement, and Praecipe to Transmit Record.

Court Clerk's Title: County Clerk's Office of the Court of Common Pleas. The clerk or the clerk's assistants will be the people managing your paperwork with the court. The clerk's office will keep the parties and the lawyers informed throughout the process in regards to additional paperwork that is needed, further requirements, and hearing dates and times.

Property Distribution: Since Pennsylvania is an "equitable distribution" state, the marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair. The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award.

In an action for divorce or annulment, the court shall, upon request of either party, equitably divide, distribute or assign, in kind or otherwise, the marital property between the parties without regard to marital misconduct in such proportions and in such manner as the court deems just after considering all relevant factors, including: 1.The length of the marriage. 2.Any prior marriage of either party 3.The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties. 4.The contribution by one party to the education, training or increased earning power of the other party. 5.The opportunity of each party for future acquisitions of capital assets and income. 6.The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits. 7.The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker. 8.The value of the property set apart to each party. 9.The standard of living of the parties established during the marriage. 10.The economic circumstances of each party, including Federal, State and local tax ramifications, at the time the division of property is to become effective. 11.Whether the party will be serving as the custodian of any dependent minor children.

Lien.-The court may impose a lien or charge upon property of a party as security for the payment of alimony or any other award for the other party.

Family home.-The court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence.

Life insurance.-The court may direct the continued maintenance and beneficiary designations of existing policies insuring the life or health of either party which were originally purchased during the marriage and owned by or within the effective control of either party. Where it is necessary to protect the interests of a party, the court may also direct the purchase of, and beneficiary designations on, a policy insuring the life or health of either party. (Pennsylvania Consolidated Statutes - Title 23 - Sections: 3501, 3502, 3505)

Spousal Support: Not all cases involve support from one spouse to the other. The obligation of one spouse to support the other financially for a temporary or permanent basis is decided on a case-by-case basis as agreed to by the parties or at the court's discretion.

Where a divorce decree has been entered, the court may allow alimony, as it deems reasonable, to either party only if it finds that alimony is necessary.

Factors relevant in determining whether alimony is necessary and in determining the nature, amount, duration and manner of payment of alimony, the court shall consider all relevant factors, including: 1.The relative earnings and earning capacities of the parties. 2.The ages and the 3.The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits. 4.The expectancies and inheritances of the parties. 5.The duration of the marriage. 6.The contribution by one party to the education, training or increased earning power of the other party. 7.The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child. 8.The standard of living of the parties established during the marriage. 9.The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment. 10.The relative assets and liabilities of the parties. 11.The property brought to the marriage by either party. 12.The contribution of a spouse as homemaker. 13.The relative needs of the parties. 14.The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in its determinations

Can Criminal Attorneys Become District Attorneys?
Or Is There A Clause That Says They Can't? Or, Is It Just A Pretty Stupid Thing To Do?

I'm assuming that you mean criminal defense attorneys becoming the politically elected district attorney.

Many assistant district attorneys (not politically elected, but hired by the DA's office) were once criminal defense attorneys, and many politically elected district attorneys were likewise defense attorneys, but the politically elected ones would do well to have prosecution experience, because otherwise it would be a good attack ad by the other side saying that you're only experience in criminal law was defending criminals and not trying to put them in jail.