Archives 2021

These days property has emerged as the most booming field to invest in. More and more people are finding property at premium locations and buying them. Another aspect is that in recent times, property has emerged as the most profitable of all investments. This means that property has been found to be giving the highest returns.

The Northern Beaches in Sydney is one of those premium locations where possessing a property is considered as a great investment. The reason for this place having become so famous is not only because of its exotic beaches but also because of the hospitable and caring nature of the local people. Also, Northern Beaches have turned out to be one of those places where tourists simply want to sit and relax. Thus this place is in a constant demand and can be found full of tourists all the time.

However buying property is an activity that needs to be done with lot of care. This would not only help you in making full use of your hard earned money that you are going to invest but also save you from any future legal complications. Thus seeking some legal assistance is advisable here. Actually whenever you are involved in some kind of property transfer, transfer of ownership of property is a very crucial aspect.

Conveyancing Northern Beaches covers the entire legal and administrative framework that is involved in buying a property. Actually in a transfer of property, too much of paperwork is involved. If a person is not very knowledgeable about legal work, this may prove out to be a burdensome work. Interpretation of legal papers is very important and expert help is necessary if you are not a god hand at it yourself.

Conveyancing has many advantages. The most basic aspect about buying a property is to have the precise knowledge of the exact status of the property. If the property has been kept as the security for a mortgage, buying it would complicate matters if the last owner has not repaid the loan. It also helps in building bond of trust with the buyer or seller. Thus northern beaches conveyancing is something that would prove out to be advantageous only to you and that too in many ways.

If you have lost your loved one due to the fault of a healthcare professional, your loved one will be a victim of medical malpractice and it would be a case of wrongful death due to medical malpractice. In such a situation, the deceased’s loved one or estate would be able to file a wrongful death lawsuit against the responsible individual. According to studies done by the Institute of Medicine, around 44,000 – 98,000 Americans lose their lives every year in the care homes and hospitals due to medical errors that are very much preventable.

Dealing with the death of a loved one is not easy and it becomes even more difficult to accept when the death is caused unexpectedly. If you have recently lost family member or a loved one, it is quite normal for you to feel intense emotional pain and anguish. It could even be an extremely stressful time for the entire family. While you are mourning your loss, you would also need to plan the funeral and memorial service, take over your deceased loved one’s finances as well as make all the decisions regarding probate.

In such a situation, while you are grieving, filing a lawsuit may be the last thing that you would think about. Many people feel that though medical malpractice was the cause of death, filing a lawsuit isn’t really worth it as it cannot get their loved one back. However, it is important that you, at least, try to seek legal remedy in such a case with the help of a Miami wrongful death lawyer.

Wrongful death: There are mainly two types of lawsuits that arise when a patient dies because of the fault of a medical practitioner. These two types of lawsuits would include – wrongful death actions and survivor actions. Both of these suits are a form of medical malpractice case. In most of the cases, the victim’s family or loved ones would file both the claims in the same area. However, it is important to know that damages offered in these two types may vary from each other. When you file a wrongful death claim, you basically make the following arguments:

The patient’s death was caused by a medical error that should not have taken placeThe patient was a very close family member of yoursThe patient’s family and loved ones suffered a great loss because of their loved one’s death

Therefore, the medical professional, responsible for the death, is liable for compensating for all the losses, sufferings and damages that have stemmed from the death.

Buying real estate in Brazil is an extremely attractive proposition given the strength of this emerging market. There are numerous indicators pointing to Brazil as a target for foreign investment and in particular investment in the real estate sector. However, when purchasing real estate in a foreign country such as Brazil it is important that you are aware of the buyer process and in particular the Brazilian legal system. Under Brazilian law a foreigner may purchase real estate within Brazil so long as they respect the laws surrounding real estate investment. Under Brazilian law foreigners are subject to the same laws as Brazilian nationals in relation to real estate ownership. Whilst it is obvious that Brazil intends to attract foreign investors its legal system is extremely bureaucratic and cumbersome. For this reason when investing in Brazil it is essential that as well as using the services of an experienced a Brazilian lawyer that you also understand the overall process and more importantly the potential risks within the Brazilian legal system. If we use the example of a foreigner purchasing and off plan apartment in Fortaleza, we will examine the key steps the buyer will pass through with his Fortaleza lawyer.

Firstly a word of caution. At Investment Services Brazil we have seen several cases of Brazilian lawyers carrying out less than effective for due diligence. This results in the client entering a possible ownership dispute or potentially been the subject of fraud, a crime that is certainly extremely prevalent within Brazil. For this reason the most important first stage of purchasing the apartment in Fortaleza is to select a lawyer (or Advogado) carefully.

Once the purchaser has decided on the apartment they will enter into a contractual sales agreement with the vendor (contratocompra e venda). As with most countries this contract binds both the seller and the purchaser to the sale. It is at the stage that the Fortaleza Advogado would carry out due diligence on the property. Depending on the property type there are numerous due diligence checks that we will cover as the subject of another blog.

Once due diligence is complete the next stage of the sale is to arrange transfer of the property into the purchaser’s name. This will include registering a transfer of ownership document with the town hall and updating the master ownership records for the property. At this stage several taxes and notary fees must also be paid by the purchaser. The Fortaleza lawyer who will oversee and administer this entire process on behalf of the real estate investor. Once taxes have been paid and the master records updated, a title document is issued to the buyer. At this stage the property is legally owned by the purchaser. In Brazil law is more ambiguous than developed countries and as such recovering from any legal negligence is extremely slow and difficult. For this reason at Investment Services Brazil we emphasize very strongly the need for precise and thorough due diligence.

A Dallas debt attorney can help you get through some of the most difficult times in your life. Virtually everyone will cope with financial issues at some point, but sometimes these issues become overwhelming and it is necessary to seek out the assistance of the debt attorney to ensure that the situation doesn’t worsen. If you have been struggling with financial troubles, the services of a debt attorney can help you to overcome these trying circumstances and get your feet on more stable ground.

There are two basic ways that a debt attorney can help you toward a brighter financial future. These are:

Bankruptcy Law

Filing for bankruptcy is more common now than ever. People who’ve been struggling with a shaky economy and frighteningly low employment have realized that their financial troubles have exceeded their ability to handle them, and are now seeking ways to overcome these challenges and obtain a fresh start. When it comes to bankruptcy, a debt attorney can help explain the process to you and evaluate your circumstances to determine if filing for bankruptcy is appropriate for you. If you determine that such a petition could benefit you, this attorney can also help you to fill out the petition and collect the required paperwork to your case can be prepared and submitted. Once your case is been submitted, your attorney will stand by your side and help you through every step of the process.

A debt attorney will tell you that bankruptcy is often a complex and difficult process that is not successful for everyone. By seeking the guidance of such an attorney as soon as you start thinking about filing, however, you’re in a better place to understand how bankruptcy may benefit you and decide if you would really like to undertake the challenges that bankruptcy may present.

Credit Card Defense

It is easy to become wrapped up in credit cards and quickly find yourself drowning in credit card debt. You may even end up owing so much and going so far into default that the credit card company sues you. If you have discovered that a lawsuit has been brought against you by a debt collector representing the credit card company, immediately seek the guidance of a debt attorney. This can be a truly frightening situation, but you cannot help to solve the problem if you ignore it or don’t seek proper representation.

A debt attorney can help you through such a process by ensuring that the debt collector stops bothering you, and that it is held fully responsible for presenting adequate evidence against you. This can help you save a tremendous amount hassle, and may even save you money in the long run.

Drivers, who have escaped jail time for drunken driving offenses, were lucky in past years, but times have changed. The authorities put emphasis on improving road safety for pedestrians and motorists alike. Despite the penalty programs invented, signs of improvement are not fast approaching. Nonetheless, it is a cause worth implementing. Retracing the history of proceedings, a DWI or DUI attorney has an entitlement to request reduced punishments? However, it is a different approach, the days of reducing sentences, fines, and other acts of clemency have expired. Thus far, the license suspension laws have undergone approval in 41 of the 50 states. This is a new strategy implemented to reduce alcoholism levels and reclaim safe streets for everyone.

Failing the standard breath or blood test

All those whose reports produce blood alcohol content levels of 0.08 or above have failed and are subject to detention. This is relatively according to how the lawmakers see fit. Personal behavior and responsiveness have no implication to determine if an offender is guilty or not. The BAC (Blood Alcohol Content) level report is the solitary resource to earn him or her a conviction.

Why should a client seek a DUI attorney to help?

The arrested who fail either a breath or sobriety test, despite his or her innocence need a DUI attorney. Rationally, it is a costly effort, but with research, finding a good legal counselor should not pose mental strains. It is a serious undertaking and call for the skills of a thorough, forward-thinking advocate. As such creating a checklist of the characteristics to inspect when searching for a well-rounded lawyer is a prudent choice. These days, the simplest mistakes, are grounds for imprisonment. For that reason, he or she must approach litigation sensibly. His or her selection of a resident attorney must exemplify ethical practice and have in-depth knowledge of DUI laws.

Hiring a reliable DUI attorney is sensible as an investment. He or she is the ideal candidate to educate lawbreakers about means of enriching driver education. Additionally, they recommend self-improvement programs to aid in rehabilitation. This is the absolute solution to regain driving privileges. What is more, success primarily depends on the combined efforts of an attorney and his or her client. Since the statewide laws on DUI and DWI offenses vary, an attorney must have residency in a presiding state. His or her practice experience, success rate, personal ethics and reliability matters. The core purpose is to improve precision in filing for review and other elementary proceedings linked to DUI reintegration. With guidance, determination and compliance, future recovery is achievable.

Mediation can resolve disputes between two parties. The conflict can be handled outside of court or while in the process of litigation. I will discuss how mediation can be useful for those in a dispute. Mediation can resolve differences in family law, business disputes, workplace conflicts, probate & estate issues. Mediation has it’s own benefits versus litigation for parties in a court case or deciding not to go through court.

These are my point of views when it comes to mediation, or alternative dispute resolution.

People would rather not wait in time. Time can be consumed while going through a litigation process. Months or years can go by before your case is even addressed. During that time unresolved matters pester and effect one another because nothing has been done yet. The usual process goes with talking with your lawyer first who then discusses with the judge and jury which can extend time. It’s more direct and simple when going through mediation. The objective is clear and to the point. This process can ensure satisfying resolution. Mediation takes the parties outside of courts and gives them an opportunity to agree to terms efficiently.

People do consider costs. The costs of litigation can be enormous when handling a dispute. Going back to the time issue that can even add onto the costs. When working with a mediator the costs can be decreased significantly from using an lawyer and going through a court. Disputes are usually resolved with signed agreements in a matter of days or even a single session. Compared to using law you can avoid fees and costs when using a mediator.

People favor privacy. Did you know litigated cases become public record? Every word is transcribed and becomes accessible to the public. During a court case, parties can be discourage from telling sensitive or embarrassing information. In a mediation process confidentiality can be addressed. Sharing information with the mediator is allowed and nothing is public.

People want equal control. In litigation, courts have control over outcomes. Individuals may be effected personally. Courts, lawyers and jury usually decides on the schedule and final verdict. With mediation, you can work with the other party where both can address their concerns. An outside party cannot impose on the final outcome and parties can determine a fair solution.

People care about dignity. Parties are often “against each other” when litigation is involved. It is a “win-lose” situation and often one party disagrees with the outcome. Dissatisfaction may be left upon one party. Having mutual respect for one another during mediation is always welcomed. Both sides can work together for a balanced solution. It can be more peaceful and each will feel as if they have respect. Parties are comfortable being able to be heard and resolutions can arise from clear communication.

Mediation has it’s advantages over litigation. Whether you are already in a court dispute, or if you have not gone as far as getting a lawyer mediation is never too late to resolve conflict.

Divorce generally includes a number of aspects concerning the dissolution of the household and assets. Because state laws differ, the identification as well as the disposition of marital debt has remained somewhat ambiguous. However, debt remains a common element in most every relationship. Thus, the court system has been dealing with its ramifications for decades.

History and Theory

It has only been since the late 20th century that statutory provisions have been implemented in most states. The laws are general so the specifics will vary for each individual marital relationship and situation. The most widely held view pertaining to marital debt is that it is comprised of debt that incurred only during the course of marriage and for marital purposes. Even if you were to hire the best divorce lawyer in Orlando for example, you would still be advised that usually, debts incurred prior to the marriage or in the post separation period are the responsibility of the specific named debtor.

Marital Debt

Marital debt is dealt with as marital property the same as with all other property and assets that is acquired during the marriage. Therefore, it is included within the context of the divorce process. The two types of debt are categorized as:

Usually, only what is considered as joint marital debt is divided by the judicial court system. As an example, a vehicle, home, piece of property or any other financial obligation incurred with the intent of both parties to benefit from it would be considered as joint marital debt.

Process

Generally, there are two ways of dealing with marital debt during divorce proceedings:

Community vs. Equitable Property

The division of debt also depends upon if the parties reside in an equitable or community distribution state. Community property states mandate that each party is responsible for debt incurred during marriage regardless of whose name is on it. For instance, both parties are responsible for a home mortgage whether or not their name is on the mortgage documents. Equitable distribution states mandate that a party is only responsible for debts in their name. Therefore, marital partners should be careful when purchasing property that both parties should be responsible for paying. Otherwise, if one name alone is on that debt, he or she will be required to pay it off alone once divorced.

The above is just one very important reason to consult a divorce lawyer prior to and during a marriage. Divorce itself can be a very confusing time and the legal system very complex. Therefore, it is best to seek the advice of a competent lawyer to help navigate the process. He or she will ensure that all assets are divided according to the laws in the state where the parties reside.

In the case of criminal acts, the judges will require the defendant to meet certain requirements in order to make sure that he will return in due time for his trial. In case you to not meet those requirements, you other option is to stay in jail until the trial term. But this is certainly no fun and you will have to take all the needed measures to be successful and get out as fast as possible.

Complete Payment

The bail that is set by the judge can be completely paid by you. After you have deposited the cash and completed the paperwork, you will be free to leave the jail. The defendant has to appear to all hearings. In case he does not do that the entire sum of money paid to the state is cashed. If the suspect meets the agreement of showing up, the money will be given back to him once the case is closed. The only problem is that in some cases the bail amount is so large that an average citizen does not afford paying it.

Bondsman Help

If the person does not have enough money to pay for the bail, he can ask for the help of a bondsman. These are actual agents that are licensed to give people a loan that will get them out of jail. The fee practiced by these businesses is 10% of the total amount. They will do everything for you from depositing the money to doing the paperwork and getting you out of prison. In case you do not show when you were schedules, the bondsman has the right to contact a bounty hunter. He will track you down and get you back.

No Payment

If the crime that you committed did not involve violence or the defendant is not considered a risk of fleeing, the judge may decide not to order any payment necessity. The defendant will be released but he needs to make a promise that he will return for all his hearings. In case the person does not keep his word and skips a hearing he will be arrested again. He is also going to be charged with contempt of court so this is totally not recommended.

If you end up in jail, you will know that there is nothing fun about it. You may also find that getting out of it can be totally challenging. Therefore a high number of people look for the bail bond agents help. These people are happy to assist them in meeting the bail requirements. The idea is to make sure that all the defendants will actually get back to the court. On the other side, if you get the services of a bondsman, you have to do that he will do whatever it is necessary for you to get to court. This may even mean sending a bounty hunter on your path. Your co-signer will also have the goods blocked and this is why it is better to get to the assigned trial date and not create a really unpleasant situation for everyone.

As state governments seek to crack down on the number of drunk driving accidents, the standards for sobriety have been increasing. While these laws are publicized, not everyone keeps up with these standards, and some people just go out and drive drunk. When that happens and you get caught, you can expect to go through a series of legal actions that will determine whether you are guilty or not guilty.

One of the first things that always happens in a DUI is the arraignment. For individuals who are new to this process, the arraignment can be rather intimidating. It is not a fun experience, but it is important that you understand what you are dealing with so that you can take the appropriate action.

The Basics of Arraignment

As you can see from the sites LegalZoom reviews, arraignment occurs with almost every single case that goes through the courthouse criminal system. The purpose of the arraignment is to determine how the case will proceed. This is the first time that you will appear with a lawyer, if you choose to have one; and it may also be the time at which your bail is set, depending on the state.

Do You Have to Have an Attorney

Even though this is the most common situation for individuals to have an attorney appear on their behalf, it is not required. You can always get one later. As you can see from the sites LegalZoom reviews, you can easily handle an arraignment on your own so long as you know what you want to do.

Your Options in Arraignment

At arraignment, you have to decide whether you are going to claim guilty or not guilty. The sites LegalZoom reviews strongly recommend pleading not guilty if additional charges or previous charges are about to go into effect unless you have been given a good plea bargain. The other option is to make sure that you speak with an attorney to make sure that you don’t inadvertently lose some of your rights.

The judge will not contest your decision. When you are asked to give your decision, you or your attorney will simply state “guilty” or “not guilty.” From there, the judge will state what is to happen next and the time for the next hearing. This is not the place for the evidence. If you are representing yourself, do not attempt to argue with the judge or you will be held in contempt of court.

This article provides a brief overview of common marijuana charges in California. It is critical that anyone charged with a marijuana crime understand the charge and potential defenses to it.

Marijuana crimes are generally divided into three categories: (1) possession, (2) possession for sale and (3) sales. Because these are separate criminal charges with different punishments and defenses it is necessary to examine each charge separately.

Possession of marijuana (Health & Safety Code 11357) is charged when a person possesses marijuana for personal use and not for sale. Possession of a small amount of marijuana, usually less than 1oz., is a misdemeanor punishable by no more than a $100 fine. Other marijuana possession charges are misdemeanors, with the exception of possession of hash which can be charged as a felony. In most cases, people charged with marijuana possession qualify for ?drug diversion? which is a drug education program. If the program is completed the marijuana possession charge is usually dismissed!

Possession of marijuana for sale (Health & Safety Code 11359) is a more serious charge than simple possession. It is a felony punishable by 16 months, 2 or 3 years in state prison. ?How do the cops and D.A. prove that marijuana was possessed for sale and not for personal use?? They typically rely on the following types of evidence: defendant has marijuana and baggies or a scale; defendant has marijuana and significant cash; and there is more marijuana than expected for personal use. Possession for sales charges must be vigorously defended against. Successful defenses may include (1) insufficient evidence of intent to sell, (2) illegal search and seizure ? it is not uncommon for the cops to find marijuana through an illegal search, and (3) showing that even a large quantity of marijuana may be for personal use.

Marijuana sales (Health & Safety Code 11360) is charged when a defendant allegedly sells or transports to sell marijuana or simply offers to do so. Marijuana sales is generally a felony punishable by a 2, 3 or 4 year prison sentence. Marijuana sales may be charged from direct evidence of sales ? for example a stake out or sting operation ? or based on indirect evidence such as a large quantity of marijuana and frequent visitors to a suspected sales premises. A strong defense must be mounted against any marijuana sales charges. If a an offer to sell was made under duress, as a result of entrapment, based on an illegal search or seizure, or there is otherwise insufficient evidence of actual sales, theses defenses must be raised to challenge the prosecution?s sales charges.

I hope this article has been helpful.

Sincerely,
Garret Weinrieb, Esq.
Valerio | Weinrieb Criminal Defense Attorneys

(note: Information contained within this article is intended for general information purposes only and is not, nor is it intended to be, legal advice for any individual case or situation. The information contained within this article is not intended to create an attorney-client relationship and use of this article, and any information contained herein, does not constitute such a relationship.)