the wife had a small fender bender. No police report. other party claims 1700 in damages. what is our obligation?
If you agree, then pay it. If you do not, file a police report and turn it over to your insurance company and let them figure it out.
Good luck
Ellis Klein, Esquire
My son has been locked up for 3 months and has a lawyer who was a court appointed lawyer and i talked to him and he has said he was quilty without going to court with him he has been rude and unwilling to talk to me. What can i do he has told me he will ask the judge to be removed from the case, he says my son is crazy and he is tired of him and i can quote that to anyone i want to i am a mother who needs help. All my life i have helped people from the kindness and goodnees of my heart becuse God has blessed me, now i need some help. I would like to write a book on my life, but, that is another story who can i ask for help besides my father. I can ask him to send me some help.
Unfortunately, when the Court Appoints Counsel for an indigent defendant the Defendant does not usually get his choice of the Attorney to represent him. In fact, it is often the case that a Defendant is not truly "indigent" but in fact finds it inconvenient to pay for counsel so they prefer to obtain "free" representation from the State rather than to incur the personal expense of an Attorney. When the Attorney in the case evaluates the case based upon his legal and ethical expertise he is certainly free to conclude that there is no viable defense to the charge and/or that the Defendant is uncooperative or otherwise not willing to make a decision in the case that the Defense Counsel finds to be the best course of conduct for the Defendant. Without knowing the nature of the charge(s) pending against your son and/or the reasons the Defense Counsel has concluded that your son is "crazy" the only observation remaining is that perhaps the Defendant will be able to petition the Court for an alternate Court Appointed Counsel. If that Attorney concludes (similarly to the original Counsel) that the Defendant is not making rational choices in the approach to the case then perhaps a serious bit of introspection needs to occur by your Son. Not everyone who is arrested for an offense is "innocent" and frequently a Defendant refuses to accept the consequences of his action when he is "caught" and charged with a Felony because it is not "convenient" to serve time in prison. I would suggest first your son petition the Court for an alternate Court Appointed Attorney. In the event the Court GRANTS that Motion I would seriously consider the opinion of the new Counsel and compare that to the advice obtained from the initial Attonrey. If the two Attorneys provide similar assessment of the case then perhaps your son should reconsider his "reaction" to that advice. Alternatively, your son has the absolute right to pay for his defense. It is true, generally, that a person hiring competent and experienced defense counsel generally gets what he or she pays for. In other words, if he wants to select the "cheapest" attorney he may find that the services provided are much less (in scope and complexity) than those proposed by one who is willing to provide a complete and comprehensive attack on the case but at a much higher fee to the Defendant. If the Defendant can hire private counsel he should and should not "ride the backs of the community " (by making the taxpayer fund his attorney's services) when in fact he can actualy afford to secure a lawyer of his choice. I suspect you will find that the approach of both his private counsel and the Court Appointed Counsel are similar but the method of attaining goals is probably going to be more complex by the privately retained Attorney who is being compensated for his time and talent.
Can a person get convicted for signing a receipt and the money coming up
Missing even know there is 6 people in the drawer
Sure, if there's proof beyond reasonable doubt that this particular person
took the money at issue from this cash drawer to use as his own.
Looking at a home with a UST. knew about the tank, but after hiring an inspector, found out that the tank was under a scrrened in porch, an also found out that the home had been flooded. Isn't the real estate agent required to disclose these things prior to us hiring an inspector? thanks
The seller can elect to make a disclosure as to property condition, in which case the seller is responsible for its accuracy, or they can simply put the property up for sale in its "as is" condition. However, even in the latter case, the seller must disclose latent defects, defined as conditions of which they are aware but which would not be apparent to a buyer upon inspection. So in your situation re the flooding, if the inspector discovered it you would have the option of backing out of the contract assuming you exercised that right in compliance with the time requirements for doing so in the contract's inspection clause. The realtor would not necessarily have known about any condition not disclosed to them by the seller. If they did know and failed to disclose it, you might want to file a complaint with the realtor board in that county.
My mother passed away, she had a joint checking & savings (very small) with me which I know nothing has to be done with. She had a small life insurance ($3,000) which I am sure I will have to file something to pay taxes on. She also had a small IRA $39,000 which had three beneficiaries on (which the bank said) we will be able to cash out or roll over and pay taxes if we cash it out. Since that is all she had, are there any legal forms (state or fed) that must be completed.
You will probably have to open the estate and get "short certificates" [issued by the Register of Wills certifying that you were appointed the personal representative of the estate.]
Most banks and insurance companies will require evidence of your mother's death and your authority to deal with assets of the decedent.
Before distribution of assets, estate fees and debts have to be paid.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
I agree with what Attorney Jacobson advised but want to add a few things. Did the life insurance have a beneficiary? If so, the beneficiary must submit a claim to the insurance company. Those funds are paid directly to the beneficiary. If this was an IRA, it may be possible to stretch out the IRA so the beneficiary does not have to take the entire tax hit all at once. If you are the beneficiary, you need to see the policy and payout options or talk with a CPA or financial planner. It may also be possible to roll the existing IRA into your own IRA and delay taxes even more. I am not a tax attorney and I have not reviewed your papers, so I am just throwing out these possibilities - they may or may not apply in your specific situation.
That leaves the bank accounts which, as you noted, are not probate assets either. So it may be that you do not even need to probate an estate. The bank would require the death certificate and the short certificate (showing that you are the executor) only if there was no one else on the account. In such case the bank would only release the funds to the personal representative for the estate.
You will have to file final tax returns for your mother. You might also have some inheritance taxes at the state level. Again, see a CPA about these things. You might want to have a chat with the register of wills to see if probate is needed. If there is no need for probate and there are no inheritance taxes then you there is nothing to file other than the final return for your mother.
If I had a suspended imposition for a felony charge in my past but I completed my probation and was not convicted of the crime will I be eligible for a small business loan ? I have searched online for sometime now and cannot find an answer to this question. On the SBA website it says that anyone indicted for a felony crime is ineligible, but that would seem very silly to bar someone from a loan program just for being accused of a crime and not fully convicted of the crime. If I had a suspended imposition can I get an SBA loan ?
Hello. You may have a private attorney review the exact wording of your case disposition in relation to the exact wording as to eligibility for the particular loan program to which you want to apply and the attorney will be able to provide you with a legal opinion on this matter. This website provides general information and general principles of law and does not provide private legal advice. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.
Tricia Dwyer, Esq.
Phone: 612-296-9666
[email protected]/* */
CRIMINAL LAW
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Can a bankruptcy case be opened back up without violating double jeopardy?
Double jeopardy is a concept in criminal law: the US Constitution guarantees that you cannot be tried twice for the same crime by the same sovereign. Bankruptcy is generally not a criminal matter (though there are crimes associated with bankruptcy that carry some pretty stiff penalties). A bankruptcy case can, depending on the need and the circumstances, often be reopened. Even under the criminal law construct, that would not constitute double jeopardy since reopening a case continues the same case; it is not a new matter.
THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.
