STEP BY STEP GUIDE: Can I Get Criminal Charges Against Me Dismissed?
December 15, 2015 | Adriel B. VillarrealCriminal charges will stay on your record. Getting these charges dismissed is the best way to beat a charge and finally be able to move on with your life. While the obvious choice is to hire a criminal defense attorney to help you beat your charges, there are some vital steps that will need to be taken when a case goes to dismissal. 1. Understand Grounds for Dismissal Dismissal may come from the following: Lack of probable cause Lack of evidence Illegal stop and search Improper filing Lack of key witness Normally, dismissals will only occur before an appeal, but there is a chance that if an appeal is won, all charges will be dismissed. 2. View Your Options As you now understand, there are various reasons that a charge may be dismissed. You’ll need to build your defense based on these reasons. Let’s take an in-depth look at each: Lack of Probable Cause There must be a cause for your arrest. If you were arrested for looking suspicious, this is simply not enough. There always has to be a reason to be arrested. If you were not caught in the act or did not match a witness’ description, you may be able to get a dismissal based on lack of probable cause….
Read MoreDealing with Financial Matters in Divorce
December 14, 2015 | Elizabeth A. SchadingDivorce can be complicated – especially when it comes to financial matters. Even couples who are otherwise cooperative on other issues may find themselves at odds when dividing assets. Numerous things can prevent a couple from coming to an agreement on financial matters and ensuring that each party is satisfied. A complex financial portfolio, valuable collectibles, business ownership interests and other assets can make it more challenging to settle financial disputes in a divorce. In some cases, a spouse will delay the process by taking a while to provide financial information. Further delays can be caused by unorganized or poorly-prepared paperwork. One way to overcome complex financial issues is a Financial Early Neutral Evaluation, or FENE. This evaluation is held with either an accountant who has extensive knowledge of property issues, or a skilled attorney. Evaluators generally have extensive experience working with the local court system, and will be realistically evaluate how property issues will likely be decided. While an evaluator can’t know for sure how a judge will decide, he or she can help you determine which property would likely be considered marital and non-marital. In addition, an evaluator can provide you with alternative options for handling pay-outs, like the division of 401K and spousal maintenance. Bringing in a third party to…
Read MoreSTEP BY STEP GUIDE: How to Behave If You’re Being Arrested
December 3, 2015 | Adriel B. VillarrealIf you’re under arrest, your first instinct may be to resist – especially if you’re innocent. But the way you behave and conduct yourself will have a major impact on the outcome of your case. Knowing how to behave will be the key to a favorable outcome. 1. Stay Calm The first, and most important thing, is to stay calm. Stay in control of your emotions, words and body language. Yelling, using inappropriate language or resisting the officers will only make matters worse for you. Be polite and be respectful. 2. Do Not Try to Run It should go without saying, but you should never try to run or even walk away. Always keep your hands where the officers can see them. Do not put your hands in your pockets or make any sudden movements. Do not touch a police officer either. 3. Don’t Give More Information Than You Have To If necessary, give the police your name and address, but do not provide them with any other information. Always remember that anything you say can and will be used against you. Simply remain silent or ask to speak to your lawyer. 4. Do Not Give the Police Permission to Search Your Vehicle To search a vehicle, the police must have probably cause,…
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