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What Happens On Arraignment (First Court Date) After Felony Dui Arrest After Guilty Plead?
This Happened Yesterday, And The Person Is Still In Jail. The Court Date Is Tomorrow. If He/She Pleads Guilty Will They Go Back To Jail Right Away If Sentenced? Also, This Person Had A Dui 10+ Years Ago. Can Public Defenders Try To Get A Less Harsh Sentence/Charge Or Some Deal? Thanks.
A whole lot of nothing will happen tomorrow and the defendant won't be pleading guilty. In a felony case, a plea of not guilty is automatically entered on your behalf at the arraignment. You're not really allowed to plead guilty. This is for good reason. A felony case is a serious one, and at the arraignment the defense and the prosecution have not had time to review the case yet.
Instead, the accussed will be assigned to the public defender's office if they meet the income qualifications, they will officially be charged, a plea of not guilty will be entered, and a new date will be set for a felony settlement conference and the preliminary hearing. Bail will also be set and/or the defendant released on their own recognizance depending upon which way the judge goes with it.
There is a greater than 85% chance that a plea bargain deal will be the ultimate result. The deal will most likely be offered at the next court appearance.
Filing Bankruptcy - Attorney Stated: Take Name Off Note And Keep It On The Deed? What Does That Mean?
Do I Still Own It? Can I Loose It? Should I Stay In It? Do I Upgrade It - In The Next Few Years It Will Need Floors, Windows, Paint, Etc...What Does That Mean? What Does That Do? In Florida (Orlando)
When you asked your attorney that question, what did he tell you? It's not likely that the mortgage company will allow you to remove your name from the note (loan).
If you don't pay the mortgage, the mortgage company is entitled to take the property. They have a lien on the property, not matter whose name is on the deed.
Child Custody Question..Need Advice From Experienced People?
My Children Are 6, 10, 12, 14 And 15. Their Father Moved Out In January And Right Now Our Custody Agreement Is Every Other Weekend. Since The Move Out He Has A &Quot;New&Quot; Family Now. A Woman And Her 3 Daughters. My Children No Longer Want To Be A Part Of Their Fathers Life Much To My Discouragement Because Of His Actions. I Dont Want It To Come To This But Legally Do I Stand A Chance If I Went For Full Custody With No Visitation Since They Do Not Want To Go? They Have Even Said They Would Go To Their Grandmothers (His Mom) Every Other Weekend As Long As She Was The One Taking Care Of Them And He Could Just Visit With Them But They Do Not Want To Be A Part Of This Woman And Her Childrens Life. I Could Go On Forever Explaining Why But Dont Want To Bore You With The Details. They Have Reason To Feel This Way And I Have Tried So Hard To Explain To Him Their Feelings But He Does Not Listen To What I Say And I Know Him After 17 Years Of Marriage To Know He Is Doing These Things Because He Thinks They Are Hurting Me And Does Not Realize He Is Hurting His Kids And Losing Them. I Dont Want Them To Feel Rejection From Him Anymore. He Has Them 5 Days A Month And I Have Them For 25. They Asked To See Him More And He Said, &Quot; I Need Time To Myself.&Quot; Yet When He Is With Them..He Says, &Quot; Daddy Wishes He Could See You More But It Is Just Not Possible.&Quot; He Has Been Offered Them 4 Weekends A Month And Chooses Not To. What Do I Do? Do I Make Them Go There?
I have a similar situation. He is being manipulative. Don't force the kids to go, but you should encourage them to go. That way he can never say you kept them from him. Never say anything unkind about him where the children can hear. They will figure it out. He will probably tell other people you won't let him see the kids. He may even tell them that. He really doesn't care about the kids. He wants to hurt you. The kids are his vehicle to carry that out. I know it is painful to see your children hurt. As hard as this may be, don't get angry with him. Anger gives him power. I still struggle with that. I also struggle with forgiveness, but you have time for that. He is a schmuck, and consider yourself lucky that he walked away to make someone else miserable.
Keep a journal, too. Write down the date and when he picked them up. If you asked him to take them, write it down. When he forgets to pick them up, write it down. On Father's Day or his birthday, write it down. Just a quick note, but write everything down. You will need it later on. Hang in there!
This May Vary From State To State, So If It Does, This Is In The State Of Pennsylvania.
Here'S The Situation. I Have A Friend Who Has Been Seperated For 5 Years. He Filed For A Divorce, But His Wife Refuses To Sign The Papers. He Has A New Girlfriend That He Has Been With For 3 Years, And He Wants To Marry Her, But He Can'T Because He Can'T Get His Divorce Finalized.
Is There Any Way Around This? If His Wife Keeps Refusing To Sign The Papers, Is There Some Type Of Law Or Statute That Says The Divorce Will Automatically Be Final After X Amount Of Time??
Ok..not up on Pennsylvania laws, and yes they do vary from state to state, but not that much.
So your friend filed a divorce petition? Was it served on the Wife? If so, did she file a response within the time frame allowed? If she didn't then he must simply note her in default and file a request for divorce. NOW that being said, if there are children or assets to be dealt with, there may have to be a formal hearing with respect to those matters...it is possible, however, to sever the divorce itself from Marital Property and child support and custody issues..which basically means that those matters are still open for argument at a later date, but your friend can get divorced and remarried.
Hey Whats Law School Like?
Has Any One Been To Law School? What Tips Do You Have To Make It Through Successfully?
Law school is hard, but manageable (like life, and high school).
Academically, you will have more reading than you've ever had before in your life. Professors will expect you to be prepared and will randomly call on you to answer specific questions about what you've read. Class will be graded on a curve, and thus competitive; however, grades will be based on a single exam that's graded at the sole discretion of the professor, which can sometimes seem a bit arbitrary. The job market is also rough right now, so there will be direct competition for the jobs available. You'll also be expected to participate in ECs that are in your area of interest.
And it will be amazing. You'll meet people who are very intelligent, passionate, and share your interests. You'll grow as a person and learn a lot about what you believe, and why you believe it. However, there is a general lack of social intelligence, so things can get awkward and petty (also like high school!). Be prepared for everyone to know your business.
I honestly had a great time at law school, and I would go through it again. However, it doesn't offer the job security it once did, and it is expensive.
As far as how to make it through successfully, be nice to everyone. Show up prepared for class. Do all the work. Take time off to have fun with friends when you need it. Find some ECs you love and dedicate a good amount of time to them. Don't stress too much.
Need Legal Advice For Divorce / Custody Case?
State Of Colorado, Divorce Has Been Going On For Almost 6 Months. Opposing Council Is Unethical, And Has Pulled Out Every Dirty Trick Possible. He Is Attempting To Over-Turn Protection Order In Place, And Constantly Creates Frivolous Issues For My Attorney To Drain My Retainer. Nearly $40K Dollars Later, I Am Realizing My Attorney Is Not A Match For This- He Is Always Playing Defensive And Gets Mauled By Opposing Council.
I Need A New Attorney But Now Do Not Have The Money For A Retainer. Because My Spouse Has Unlimited Finances, I Have Been Told I Won'T Qualify For Legal Aid, And Have Been Advised By Many That Legal Aid/Pro Bono Attorneys Often Do Not Put In The Effort Necessary To Win A Case.
I Am Desperate. My Ex, Even With His Domestic Abuse History, Has Been Awarded More Custody Than Me Of Our 2 Year Old Son And While The Judge Reminded Me This Is Only Temporary, I Have No Idea Where To Turn.
I think the main problem is that not everything needs to be responded to, and I cannot even imagine what took $40K in 6 months.
I have seen many divorce cases where one spouse was ordered to pay for the legal expenses for both spouses....I would also go to court alone the next time (you can always appeal) and simpy explain to the judge that you cannot qualify for legal aid (but you still need to go, they cannot refuse you based on your SPOUSE'S income in a divorce case b/c you cannot force him to pay your expenses), and can no longer pay for an attorney.
If he has a domestic abuse history, there has to be a reason why he was awarded more visitation time...it isn't b/c your soon-to-be-ex has more money, judges ALWAYS state a reason for it...you should have posted that reason here.
I wouldn't worry about the protection order unless this man has actually tried to kill you...you didn't post that he has actually ever hit you, as domestic abuse is in many forms.
Keep in mind that draining money to keep a protection order in place is a waste of money....someone that is ACTUALLY truly trying to do you harm...is going to ignore the order anyway, and if he has THAT much money, chances are very slim that he would risk losing everything he has paid for, in order to end up in prison.
Focus on your CHILD.