Pages Menu

Your Legal Rights at Work

Most recent articles

Convicted Of A Crime In The U.S., But You Want To Visit Canada? 2 Options For Legal Entry

Posted by on Aug 12, 2015 in Uncategorized |

Taking a trip north of the U.S. border can be exciting. Unfortunately, many people soon realize that crimes they have been convicted of in the United States could prevent them from legally entering Canada on vacation. If you are planning to visit Canada in the near future, but you are worried that your criminal record could stand in the way, it can be beneficial to retain the services of an immigration attorney. Here are two options for entry that an immigration attorney can help you obtain prior to your Canadian vacation. 1. Temporary Resident Permit In order to protect its citizens, the Canadian government has established a list of reasons for which an individual might be inadmissible into the country. Some of these reasons include security threats like a history of espionage or membership in a terrorist organization; and some reasons are due to previously convictions for crimes like shoplifting or DUI. Working with an immigration attorney to apply for a Temporary Resident Permit (TRP) allows you to petition the Canadian government for authorization to enter the country when you would not otherwise be eligible. Be sure that you start the application process well in advance of your trip, since the average processing time for applications submitted through the Los Angeles visa office is 28 days. 2. Criminal Rehabilitation Having the help of an immigration attorney can be beneficial when attempting to apply for criminal rehabilitation. Since the Canadian government evaluates American criminal records based on the comparable Canadian statute, it’s important that you have an attorney who knows the Canadian legal system well enough to identify the statute that applies to your crime. If the maximum amount of time you could be charged for committing your crime in Canada is less than 10 years, the government considers you automatically rehabilitated 10 years from the date of your conviction. You can apply for criminal rehabilitation as early as 5 years from your conviction date. If your crime would have been punishable by more than 10 years if committed in Canada, you will not be able to apply for criminal rehabilitation as a means of entering Canada for your vacation. Hiring an immigration attorney, like David Borts Law Office, to help you gain legal entry into Canada if you have a criminal record can be beneficial. These professionals will be able to determine if applying for a TRP or criminal rehabilitation will be most beneficial in helping you take a Canadian vacation in the...

read more

Common Reasons for SSDI Denial and What You Can Do

Posted by on Jul 29, 2015 in Uncategorized |

In the period of 2001 to 2010, an average of 28 percent of all the applications for Social Security disability benefits were accepted. Unfortunately for the remaining 72 percent who were denied, only an average of three percent of those who file for an appeal were actually approved. To help increase the odds that you are among those who receive benefits, it is important to understand why your application was denied and what you can do to change the outcome. Incarceration Status One possible reason the Social Security Administration, or SSA, can deny benefits to you is that you were incarcerated at the time that you filed your application. Even if you filed your application in anticipation of being released by the time it is reviewed, you can still be denied. However, if you are now out of prison, you can re-file for benefits.  An application for benefits is usually not denied because you have a felony conviction. As long as your injury was not the result of a felony act, you can file an appeal and possibly have your denial overturned.  In the event that you were injured in prison or you are not expected to be released for a period of time, you should still apply for benefits. When you apply, your earnings record is frozen. When you do apply for retirement benefits in the future, the low or no earning period you experience due to not being able to work will not impact your eligibility for benefits.  Length of Disability One requirement you have to meet to receive disability benefits is that you have to prove that you cannot work for at least one consecutive year. If you cannot prove this, the SSA can deny your application. The SSA will evaluate a range of documentation, including your medical records, to determine if your disability meets the length requirement.  If the agency denied you for this reason, you have the responsibility to prove the SSA wrong. One way is to ask for a medical evaluation. During your evaluation, a doctor chosen by the SSA will evaluate your medical condition. Be truthful during the evaluation to avoid delays to your case. You can also ask your doctor to write a statement stating that your condition is expected to occur for at least one year.  Regardless of the reason for your denial, your chances of having the denial overturned are improved with legal help. A social security attorney experienced in disability appeals can help you shape your response to the denial and file the documentation needed on your...

read more

3 Common Reasons Second Marriages Fail

Posted by on Jul 15, 2015 in Uncategorized |

If you are getting ready to enter into your second marriage, it’s important for you to realize that 67% of second marriages fail. The rates for third marriages are even higher than this, but why? While you may end up with an extremely successful second or third marriage, it’s important to understand the causes of most divorces in second marriages. By knowing these, you might be able to prevent a divorce after you tie the knot. Here are three common causes to be aware of. Rebound Marriage Some people are so miserable in their first marriages that they want to instantly get married after getting divorced. These individuals may immediately meet someone new and fall head over heels in love. Because they are so happy compared to how they were prior to meeting these individuals, they may rush right into marriage. While these situations can lead to good marriages in some cases, in other cases the marriages end up failing. This is often because these individuals overlook the other person’s faults, problems, and issues. After a couple months or years of marriage, they may realize that they made a big mistake. Children Or Lack Of Common Children Another reason second marriages fail involve kids. If you have children when you enter the second marriage, your kids might pose problems to your marriage. You and your new spouse may have different styles of parenting, and you may not like how your new spouse treats your kids. This can lead to major conflicts with you and your new spouse, and it could become so bad that you cannot take anymore. A lot of second marriages occur later in life, which means that the couples do not always have children together. Without having common children, it is so much easier for a couple to split up when things get rough in the marriage. With common kids, couples will often work harder to preserve the marriage for the sake of the children. High Expectations A third reason second marriages fail is due to high expectations. If you were miserable in your first marriage, you may have a completely different set of expectations for your second marriage. If your spouse doesn’t meet these expectations, you may be more miserable in your second marriage than you were in your first. Before you rush into a second or third marriage, make sure you know who you are marrying and the common issues found in second marriages. By doing this, you could be able to avoid a divorce in the future. For more information, contact a professional like those at Albert & Slater...

read more

Arrested For Allegedly Driving While Intoxicated? Know Your Possible Defenses

Posted by on Jun 26, 2015 in Uncategorized |

If you have been accused and arrested for a DWI, you will be potentially facing some major penalties if convicted. The consequences are far more than only having your license suspended, because you could receive jail time or large fines as well. When you find yourself being accused of a DWI, you should hire a legal team that can help you with one of the following defenses. You Were Not Driving The Vehicle A police officer has the right to arrest you if they believe you are going to be a danger to someone else’s safety, which includes potential drunk driving. Your arrest may have occurred while you were inside your car that was parked at the time, and not actually driving it. In this situation, you have a viable defense to the DWI charges. This defense will not help if you were actually driving while intoxicated and pulled over to the side of the road. If your car was idling at the time, you will have an even harder time proving that you did not have the intention to drive. There Were Issues With How You Were Arrested The circumstances that surrounded the arrest could play a vital role in your DWI defense. One reason is not being told your Miranda rights. It’s a classic situation that you may have seen in movies, and can be an actual defense if they were not read to you or were read incorrectly. You can also claim that the officer did not have probable cause when pulling you over. For example, if you were not speeding or driving erratically, you could question the officer’s reasons for pulling you over. These two defenses may not provide the best defense on their own, but they can further add to your case if arrest issues were one of several problems relating to your inaccurate accusation of drunk driving. You Can Prove You Weren’t Drunk When Arrested The arresting officer most likely had you take a blood alcohol level test or a field sobriety test when pulled over. If they opted for the latter, there is a possibility that you failed the test while not under the influence of alcohol. For example, you may have failed the test because of a physical impairment or illness. If you are able to get a note from your doctor proving your condition at the time, it can lead to the DWI charges being dropped. You may be charged with reckless driving instead, but the punishment will not be nearly as bad as if you were convicted of a DWI. Your DWI attorney can help you further explore your defense...

read more

Going To Trial For Your Personal Injury Case

Posted by on Jun 12, 2015 in Uncategorized |

If you have been injured due to another person’s negligence, you may have already retained an attorney to protect your rights. There is always hope that the opposing side will offer you a fair settlement for your injuries, but, at some point, going to court may become inevitable. At this stage in the process of your claim, the stakes are much higher. Your lawyer is no doubt ready and quite able to represent you in court, but you will need to take a major part in the trial as well. Read on for tips on appearing in court for your personal injury claim. 1.  If you have been keeping a journal since your accident, you will now make good use of it in court. While not admissible as evidence, your writings will serve as reminders of the facts surrounding your claim. Re-read your entries and familiarize yourself with the facts. Having in-depth knowledge of your case will allow you to give a calm and factual accounting of your accident in court. 2.  Your attorney will use the facts of the case to help you to prepare for being interrogated on the stand. Most experienced attorneys will be able to predict the questions you will be asked, and your legal team will help you to practice giving answers to those questions. Remember to answer only what is asked; never volunteer information or ramble when you answer. 3.  Make sure you brush up on proper courtroom etiquette and practices: Do not wear head wear of any type, with the exception of that which is worn for religious reasons. This includes sunglasses on your head. Dress neatly and be properly groomed. Sit up straight and look the judge directly in the eye. Address the judge as “your honor” only. Turn off your cell phone. Stand to answer when the judge addresses you. 4.  Be prepared for tactics from the opposing side in an attempt to throw you off or rattle you into misspeaking. You may have been under surveillance at some point and this footage may now be shown in court. In addition, your medical, financial and other personal records may be presented as evidence in open court, so be prepared to face that possibility. With plenty of advance preparation, you can have a successful experience in court and be victorious in your personal injury claim. Your personal injury attorney will guide you thorough every step to ensure success and this stressful experience will soon be far behind you. To find a local injury lawyer, do a search for injury attorney kernersville...

read more

3 Mistakes To Avoid Making When Filing For Bankruptcy

Posted by on May 29, 2015 in Uncategorized |

If you are planning on filing for bankruptcy under Chapter 7 laws, there are some things that you shouldn’t do to help your filing go through smoothly. Some of these things could be done accidentally, and may cause a creditor to challenge your bankruptcy. Be sure not to make these 3 mistakes. Transferring Property or Money A common mistake is thinking that transferring assets to someone else’s name will help protect those assets during a bankruptcy filing. Not only is this a form of fraud, but it will be discovered by the courts. It does not matter if the transfer was done intentionally or accidentally. For example, you may have a spouse or child that drives a car that is actually in your own name. You cannot change the title of the car to the person that actually drives the car. If you have a joint bank account, you cannot take your name off of it. If you own a business, you cannot put the business in another person’s name. Even the sale of a home is not permitted if the buyer pays the actual value of the house. These actions are sometimes done to protect assets because you fear losing them. Just because you file for bankruptcy does not automatically mean that you’ll lose your assets. Paying Off Creditors You may be tempted to pay specific creditors before you file for bankruptcy. Usually it’s because you want to ensure a specific person receives their money promptly, and bankruptcy can delay the process of them receiving it. This is actually prohibited when filing for bankruptcy. Normal expenses and bills are allowed. For example, if you normally spend $500 on your credit card and pay the bill immediately, you can continue to do so. The courts will look for anything abnormal, especially if a creditor is paid off in full. Doing so could be considered a preferential transfer, and lead to a clawback lawsuit where your paid off creditor is sued for the money you paid to them. Making Unusual Bank Account Deposits All money going into your personal bank account should be from your regular paychecks. This can be an issue if you own a small business, and are used to depositing checks into your personal bank account and transferring funds to the business account later. These are just a few of the mistakes that you can make prior to filing for Chapter 7 bankruptcy. To ensure that you are doing everything correctly, work with an attorney like John G Rhyne Attorney At Law for additional...

read more

Auto Accidents Involving Pedestrians: What You Need To Know

Posted by on May 13, 2015 in Uncategorized |

Auto accidents involving pedestrians are not as common as accidents that involve two vehicles, but they still occur far too frequently. Pedestrian-related accidents often result in serious injuries to the pedestrian, so legal actions sometimes arise from these unfortunate events. This article takes a closer look at some of the legal issues surrounding mishaps between vehicles and individuals on foot. At Fault Laws generally demand that drivers must be extra careful in order to avoid striking a pedestrian. For example, if you are driving in a 30 mph zone and see a pedestrian ahead, it’s your responsibility to slow down to avoid the individual, even if you are already under the speed limit. Because of these laws, most pedestrian accidents are judged to be the fault of the driver. In some instances, however, the pedestrian might be at fault. For instance, if someone runs out into the road from behind an obstacle, the driver might have no legal responsibility. Shared Blame An important concept relating to auto accident lawsuits is known as shared blame. This occurs when both the drive and the pedestrian contributed to the accident. Which party is judged to be more at fault by a judge or jury can have a major impact on any damage award. For example, if you as a driver are determined to be 30 percent at fault and the pedestrian is determined to be 70 percent at fault, then you may only be liable for 30 percent of the pedestrian’s damages, or even none, depending on the state law. Settlement Most accidents involving pedestrians do not result in lawsuits. When the driver is at fault, as is usually the case, the driver’s  insurance company will typically enter into negotiations with the pedestrian or his attorney. They will then offer to resolve the case with a compensatory settlement. Identity If you are hit by a car while walking and the driver does not stop, it’s crucial to try to determine the driver’s identity. Perhaps a witness can identify the driver or someone obtained the vehicle’s license plate. If the driver is not found, then you may have to seek compensation from your own insurance company. This often done through the uninsured motorist provision of your policy. If you are involved in a pedestrian-related accident as either a drive or pedestrian, it’s not a good idea to try to resolve the situation yourself. Contact a local accident attorney for professional...

read more

What You Need To Know If You Ride A Personal Vehicle Instead Of A Car Or Motorcycle

Posted by on Apr 23, 2015 in Uncategorized | 0 comments

You may include yourself among the many people out there biking on the road, skateboarding on the sidewalk, or using some other modern ride-on. These conveyance devices aren’t automobiles or motorcycles, but if you find yourself in an accident while on one of them, you still have many rights. Those rights include pursuing a personal injury case. However, you need to understand a few things before you attempt to sue someone for personal injury. After all, you may find that you’re the negligent one or in violation of a law rather than the other way around. Do You Know Your Local Laws? Many people get on their bike or hop on their electric-powered vehicle and hit the streets. They never really stop to think about whether there are laws about where they can go in and around their neighborhoods. Since these laws come from local and state governments, they vary from place to place. For example, in some places it’s illegal to ride a bike on the sidewalk. The biker has to use the street and ride with automobile traffic. In other places, it’s okay to ride on the sidewalks. Yet, in still other places, it’s only okay to ride your bike on designated bike paths. Researching the Law as it Applies to You The trouble is it’s hard to know where to start looking for these regulatory rules. In some places, the local traffic authority regulates the use of personal vehicles. In other places, things like electric-powered scooters and the like may have laws that govern just them, but not other types of vehicles. Knowing what you can or cannot do will allow you to ride safely while also staying on the right side of local law. It will also play a large role in any possible personal injury case. Since there are so many variances, you will have to find out on your own which laws apply to you. Here’s a few ways how. Ask at the venue where you purchase the vehicle. Most places that sell personal conveyances know of the laws that go along with them. These can include: What kind of safety measures you need to take Where you’re allowed to operate the vehicle Where you can find more information Contact your local traffic authority. They will let you know: If there are specific laws regarding your choice of vehicle If there are specific areas where the conveyance isn’t allowed What you can expect if you violate local laws Search for local groups online. If you’re doing something in your locale, then the odds are that others are too. If you look around online you may find a local group that discusses the ups and downs of riding a particular type of ride-on in your area. Understanding these things can help you a great deal if you do find yourself in an accident. If you know that you were on the right side of the law, then that makes your potential case even stronger. Even if you are in violation of a local regulation, it doesn’t mean that you won’t have a case. It’s best to speak to a personal injury and accident lawyer as soon as possible rather than...

read more

Two Reasons Why You Need A Worker’s Compensation Attorney In Your Corner

Posted by on Apr 13, 2015 in Uncategorized | 0 comments

Dealing with a worker’s compensation claim can be extremely hard if you’re doing it alone. You’re trying to lay claim to your rights, but it can be hard to be approved because of the fact that insurance companies are so leery of paying out to constituents in a sue-happy society. Regardless of how severe your injuries are, you won’t be able to get the monetary restitution that you deserve if you are not adequately able to prove your case. Use this information to learn more about why you need to hire a worker’s compensation attorney to assist you in winning your case. The Burden Of Proof Is On You The most important reason why you must hire a worker’s compensation attorney is because the burden of proof concerning how you sustained your injury is on you. The insurance company has heard many of the same arguments several times over; they will not be impressed with what you may feel like are extenuating injuries that prevent you from working. If you want to let the courts know that you mean business, it’s imperative that you hire an attorney. Your worker’s compensation attorney will assist you in gathering all of the evidence that you need in order to help you be successful in becoming approved for your claim. One of the ways that your lawyer will help substantiate your case is by bringing in expert witnesses. An expert witness is an individual who possesses the knowledge necessary to testify for a case even if they were not there. This could refer to a medical doctor, concrete specialist or even a psychiatrist, who can use their words to prove that the injury you currently deal with is a direct result of the fault of another. Lawyers Are Prepared to Handle the Courtroom When you hire an attorney, they come equipped with the skills and wordplay necessary to argue your case in court.  You won’t have to worry about your lack of experience because you will be in the hands of a knowledgeable professional who knows what to say to help you win. There is no reason for you to feel alone in your fight to gain worker’s compensation rights.  The next time you are injured on the job, hire an attorney right away so that you can receive the benefits that you deserve. To learn more about hiring a workers compensation attorney,...

read more

4 Problems Your Lawyer Needs To Know About Before Your Child Custody Hearing

Posted by on Apr 1, 2015 in Uncategorized | 0 comments

If you are in the process of fighting for custody of your child, then it’s important to sit down and tell your lawyer all of the facts that are relevant to your case. Even though there are some things that you might rather keep private, you do need to tell your lawyer all of these things and anything else that might be relevant to your case. Otherwise, you could risk not getting custody of your little one. 1. You’re Planning on Moving Far Away You might think that it’s your personal business if you want to move far away, but your child’s other parent might complain if you are planning on taking the child out of state. Therefore, your lawyer will need to know about any future plans so that they can be a part of the custody agreement. 2. You’ve Had a Substance Abuse Addiction in the Past If you have ever battled an addiction to drugs or alcohol, then your lawyer needs to know about it. There’s a chance that your child’s other parent might bring it up when you go to court, so you need to be ready. For example, you might have to show proof that you have gone through rehabilitation, or you might be required to pass drug tests in order to gain and keep custody of your child. 3. You Have a Criminal Record If your ex or his or her lawyer knows about your criminal record, then there’s a strong chance that it will be brought up in court. Even if you got in trouble before your child was born, your lawyer needs to know about it so that he or she can defend you in court. 4. Your Home Isn’t in the Best Condition Your child’s other parent might argue and say that your home is not fit for your child if you don’t have basic things, such as a stove and refrigerator or furniture. A home that is in a dangerous area or that is otherwise unstable can also look bad in court. Your lawyer can help you determine if your home is fit for a child and can help you make improvements to help ensure that you gain custody, such as by giving you advice about how to improve your home and fighting in your defense in the court room. Although it might be tough to talk about these things with your lawyer, he or she needs to know as much about your case as possible. Then, your lawyer can help you determine the best way to get over these problems, and you won’t have to worry about being blindsided if your ex brings up the situation in court. To find out more information, contact a business like Thomas & Associates,...

read more

Underage DUI – How Will It Impact Your Life?

Posted by on Mar 25, 2015 in Uncategorized | 0 comments

Driving under the influence of drugs and alcohol is a common occurrence all over the country. Laws and penalties are becoming more strict each year and those who make the mistake of driving after a few drinks can find themselves facing jail time, thousands of dollars in fines and the loss of their driving privileges. Sadly, teenagers and young adults under the legal drinking age also make the mistake of driving under the influence and their penalties become even more damaging. Lower Blood Alcohol Content Teenagers and underage adults do not have the same BAC levels as those who are of age. This means that if this age group has just one drink, they can be charged with driving under the influence. In Pennsylvania, underage drivers can be arrested if their BAC level is .02 or greater. For many people, this low of a BAC level is not enough to actually impair the driver, but it is enough to be charged as such. Penalties for Underage Drivers The penalties for underage drivers are set by the court. If the driver in question has a clean record and doesn’t show a history of drinking or other illegal activities, the judge could sentence the driver to a couple of days, or a couple of months in jail, a suspended driver’s license and fines. If the driver is being charged with a second offence under the influence while underage offense, the penalties will likely include several weeks in jail, more fines and a definite license suspension. Future Damages Not only will the driver suffer now, but he or she will feel the effects of this conviction for possibly the rest of his or her life. A DUI will show up on a criminal background check and could make it difficult to find employment, get auto insurance and even rent or mortgage a home. This will create a big disadvantage for the driver that he or she will never be free of. Possible Expungement You may have heard people talk about getting their DUI offense expunged from their criminal record. This is not an easy thing to do in many cases, unless it is a first offense and the BAC was very low. It is an impossible task without the assistance of a qualified DUI attorney, and even then, it can be difficult to accomplish. Talk with your DUI attorney from a firm like Jack Weatherill Law Offices about how the penalties can be reduced and if there is anything he or she can do to...

read more
Page 1 of 212