Tag Archives: attorney

How to Appeal a Speeding Ticket

You and a friend were playing your favorite song and singing along to the lyrics; not paying attention to how fast you were going. When you glanced down at the speedometer though, you realize you were about 10 miles over the speed limit and slowed down. After a few minutes, you see flashing lights in your rearview mirror though. Oh no, you’re busted! The officer was polite; but firm, and he wrote you a ticket for speeding. You’re embarrassed because this was the first time you ever had a ticket for speeding, and you don’t know a thing about criminal law or court (find out more at DUI in Maui). So now what do you do, especially if you need a good driving record for a job.

speeding-ticketThe first thing you do is document all the facts. Write down how fast you were going when you noticed, what the weather was like and what the speed was where you were stopped. Write it down as soon as you can while it’s still fresh in your mind. Ask your friend if she noticed if there were any cars going the same speed as you were too or if you were passing them. If there were any witnesses, contact them and ask the same questions.

Next ask for a copy of what evidence the prosecutor has. The file which has the evidence may have in it the notes from the arresting officer, a drawing of what happened at the scene or even a video. Then send the officer who gave you the ticket a letter explaining why not having the violation on your record is important. You may hit a soft spot with the officer, and it will help you to petition the ticket.

On the speeding ticket is the date of the arraignment; make sure you show up. Plead “not guilty” to appeal the ticket and then a trial date will be issued. Try to delay your trial as long as possible in hopes the officer won’t remember the case. If the officer can’t remember the details very well, then prosecution may not be successful. When the court date arrives, dress conservatively and arrive on time also and bring along any notes that you took.

When the trial begins, be respectful but confident when pointing out any discrepancies and take notes on any points you disagree on what the prosecutor says. Bring your witnesses to testify in your defense which may help. Ask that your case be dismissed. If the officer who wrote the ticket doesn’t appear, the case can be dismissed then. You can also ask the prosecutor if you could go a traffic school before the trial and get no points. If things get really dicey you can also contact and attorney to help you, any traffic attorney could help you even Eberstein Witherite LLP truck accident attorneys for example. Be careful though, never admit guilt before the deal is done and remember what you say can be used against you.

Wait for the verdict, if you’re guilty, pay the fine; if you are found not guilty then you won’t have to pay the fine.

Protecting your Company from Unemployment Claims

Unemployment claims can be extremely expensive for your company. In some cases, former employees attempt to file claims that are unjustified. Some employers don’t fight these claims because they don’t realize how expensive these can be for their businesses. There are many steps you can take to prevent unemployment claims, especially unjustified claims, against your company.

You’re required to pay unemployment taxes on qualifying employees. When an employee files an unemployment claim and it is successful, your unemployment taxes will increase. That’s why an important part of labor law is learning how to avoid successful unemployment claims against them.

new-jobAny time an employee leaves your company, you’ll have to deal with the issue of unemployment benefits. It’s a good idea to work with an attorney to come up with a plan for managing employment so that you won’t have unexpected problems. If an employee quits in Arizona, he or she is not eligible for unemployment. The only exception is if the person quits for an excellent reason such as a hostile work environment or a health or safety threat.

Business law attorneys will advise you to document an employee’s behavior carefully before you terminate his or her employment. Be careful not to make the work situation hostile or overly difficult for the employee or you may make yourself vulnerable to a future claim or lawsuit. There are federal laws that protect employees against hostile work environments.

Instead, document performance problems with a system of warnings followed by termination. Your attorney can give you advice on how to structure a good warning system. Always follow the system unless the situation is very serious. In that case, contact your attorney. That way you have documented the cause for firing the employee. In some cases, an employee fired for cause may still be able to collect benefits, but through proper documentation, you have significantly lowered the chances.

If you lay off employees, they will be eligible to collect unemployment benefits after any severance pay you have provided has expired. Many companies provide laid off employees with job search services so that they are able to quickly find employment. This lowers the chances that they will file for unemployment benefits.

Divorce: Under Family Law Who Gets What?

divorceWhen two people divorce, dividing up the community property can become a very touchy issue. Everything that’s owned together in the marriage is considered community property. This includes any money that’s earned by either of them from the beginning date of the marriage regardless of whose account it is in. Also, it can include any property jointly owned that was bought with “community” money such as the home.

Too, the debts incurred together throughout the marriage until the separation date are community debts. This means that each spouse is liable for these kinds of debts such as the home mortgage, joint car loans and joint credit cards; for example. In this line then, it’s very important to close bank accounts to avoid cash issues; any joint accounts and joint credit cards as soon as filing for divorce has been decided upon. Also, just removing the names from the joint accounts doesn’t relieve a spouse from liability either.

However, property which is separately owned is another issue entirely. Anything which is owned separately by a spouse belongs to the spouse whose name it’s in. This would cover any property or belongings which were owned before the marriage. Also, if there was an inheritance or a gift received during the marriage, it belongs to the person it was presented to. Keep in mind too; any monies earned after the date of separation belong to the spouse who earned it.

Sometimes community property can get mixed in with separate property though, and a family law attorney is needed to straighten out the legalities. As an example, a car’s down payment may be made with community money, but the car is owned by only one spouse. Too, if a debt was acquired before the marriage by one spouse, then that debt belongs to that person in the divorce.

Now when there’s no intention on either party’s side to stay together as a husband and wife, then that date is the date of “separation.” This is important because it’s that date that’s used to determine the end of the community property. Proof of moving out of the home or another form of proof may be asked by the court to affirm the final breakup of the marriage though.

In the end, to make sure that assets are divided fairly, it’s always best to have an attorney to help with the legal issues.

Is Common Law Marriage Recognized in Arizona?

Common law marriage is a well-known type of partnership that is recognized in many states. It means that a couple lives together for an extended period of time and represents themselves to the public as being married. However, the couple never goes through a formal ceremony or procures a marriage license. Most people consider it an informal type of marriage.

common-law-coupleOften, common law marriages are described as domestic partnerships. The couple may create a legal agreement that covers issues such as asset management, obligations and other issues. However, it’s important to understand your state’s family laws when it comes to common law marriage. The family law courts in Arizona do not recognize common law marriages that are established in that state.

The only time common law marriage is recognized in Arizona is when the marriage is recognized as legal in the state in which it was established. If you are moving to Arizona and have questions about establishing common law marriage in Arizona, you should consult a family law attorney for assistance with your situation. The attorney can help you understand Arizona law and how it will affect your situation.

There are some exceptions to common law marriage laws in Arizona that apply to Navajo tribe members. The Navajo Tribal Code allows members to establish a common law marriage. These types of marriages are legal under family laws in Arizona because it is recognized by the Navajo Nation. In order for the marriage to be recognized by Arizona, the couple must provide a marriage license that has been issued by the Navajo Nation of Vital Records. This license will prove that the common law marriage is valid.

There are a variety of forms and details that must be provided to the Arizona courts to prove that the common law marriage was considered valid in another state. It is a good idea to work with a knowledgeable family law attorney to ensure that you’ve filled out the appropriate forms and filed them with the right offices. There are several requirements that must be met so it’s important to ensure that all the facts are in order so that your common law marriage is considered valid.

What is a Palimony Agreement?

Palimony is a new term in family law. Alimony is well-understood by many people because it has been in place for a long time. It is a payment arrangement for a spouse when a marriage is terminated. However, not all couples choose to marry even though they establish similar domestic relationships as married couples. This is why palimony has been coined as a new term in family law. Basically, palimony works the same as alimony and applies to couples who have lived together for a long period of time. Once the relationship ends, one of the parties may seek financial support.

palimonyPalimony does not apply to all long-term relationships. There has to be an agreement between the two parties in the relationship that one person would support the other person. In return, the other party would perform home-making and other domestic duties instead of working outside of the home. It’s unusual for a couple to create palimony agreements, but occasionally, some parties turn to family law attorneys to create these agreements.

It’s more common for a palimony payment to be implemented when a case goes to a family law court. A judge will make a ruling on palimony based on the circumstances, which can vary widely. Not all relationships are eligible for this type of support. If you’re in a potential palimony situation, it’s important to retain a family law attorney who has extensive experience with this sort of law. This will protect you from overpaying or help you get the compensation that you deserve.

Keep in mind that palimony, like all sorts of support situations, can change. Over time, as personal situations change, palimony can change. It’s important to consult your family law attorney any time you or your former partner’s situations change. This might include a new partnership or marriage, a reduction or increase in pay. Job loss or changes in financial obligations may also affect palimony. A judge will make a ruling based on the new circumstances in the case. You should work with your family law attorney to protect your interests any time you have to negotiate a new palimony agreement.

What Happens to Your Minor Children if You Die?

One of the greatest fears every parent has is leaving their minor child behind. The emotional issues are significant and parents hope to arrange a custody arrangement that will ensure the child’s emotional safety. It’s important that you consult with a family law attorney to make plans in the case of your unexpected demise. If you don’t have a will, the courts will make decisions that may not be in line with your wishes.

childIf you don’t have a will, the Arizona state laws will apply and family law courts will make decisions. Your family will be the most likely candidates to receive custody of your children if both parents die. If your child is old enough, the family law courts may ask his/her opinion of where he or she would like to live if both parents should happen to die at the same time.

The state child custody laws in Arizona will rule in favor of the surviving parent as long as that parent lives in Arizona and has a relationship with the child. However, if the surviving parent has a bad relationship with the child or could potentially hurt the child, the court may grant custody elsewhere, possibly to family members or non-relatives. If you are still married, the surviving spouse will automatically get custody unless there is a significant concern about the parent.

A family law attorney can advise you and your co-parent about the laws that apply if one or both of you are deceased. It’s important to make a will outlining your wishes in the case of your mutual deaths. This will protect your child by providing your child with a safe, nurturing environment.

You can make a will using software, forms or online forms. However, these forms will not provide you the protection you need when it comes to protecting minor children. You should consult a family law attorney to ensure that you’ve covered all potential issues. It’s also important to note that many people fill out the forms incorrectly. This is a serious concern because your wishes for the child or children could be unclear. A family law attorney can ensure that your wishes are as clear as possible and your intentions are unclear.

The International Adoption Process

The international adoption process can be complex. It’s a good idea to work with a family law attorney to help you navigate the complex and time-consuming process. One of the most helpful things a family law attorney can do is help you understand the process you are about to undertake. The adoption process is complex and a family law attorney can help you understand requirements for various countries and what type of paperwork and process are necessary to proceed.

international-adoptionThere can be significant costs involved in international adoptions. Your attorney can help you understand what financial obligations you should be prepared for. Your lawyer will help you identify reputable agencies so that you can avoid problems with agencies that have poor reputations or have a bad track record. Many people have attempted to work with agencies and have found themselves cheated out of money and ended up without a child.

Your family law attorney can protect you by helping you understanding your liabilities. Most agencies fees are significant and nonrefundable in most cases. Attorneys can also discuss issues you should consider when it comes to international adoptions. Some adoptions agencies provide risk counseling for international adoptions that can help you understand the hurdles involved you may face with a child. A family law attorney will recommend that you work with an agency that provides support after the adoption including specialists that understand how children react to adoption.

If you are undertaking a typical international adoption, you will need to be matched with a child. Keep in mind that while your family attorney will assist you throughout the process, your international adoption agency will be heavily involved in the adoption. The agency will most likely manage the paperwork the paperwork and help match your family with the adoptive child.

When it comes to finalizing the adoption, there will be a foreign adoption agency that also assists in identifying the orphan and manages details such as passports and visas. The agency will advise your family on whether traveling to the adoptive country is necessary or if the child can be escorted to the United States.