July 19th, 2009 at 01:07am
Under Personal Injury Law
Anyone who suffers a personal injury caused by another individual or a company, government agency or any other entity should realize the importance of securing the services of a personal injury attorney. Attorney representation provides you with the professional assistance that is so necessary when dealing with the intricacies of civil law, and also sends a signal to whoever caused your injury that you are serious about being compensated.
Clearly, auto accidents are of primary importance when discussing the role of personal injury attorneys. Minnesota has its per capita share of auto accidents caused by many factors, which include the scenic nature of some of our highways distracting drivers. If you are in an accident and have reason to believe the other driver is at fault, there are standards for bringing suit in Minnesota.
Of course, if you believe you may be at fault for the accident, you will need quality legal help to assist you in arranging for a settlement.
Bicycle accidents are an increasing phenomenon, as Minnesotans and people across the country have increased bicycle usage for both exercise and transportation purposes. Many accidents are car-on-bike and most of these involve failure of the motor vehicle operator to recognize the presence and rights of the bicycle rider. Again, if you are injured while riding, you need professional assistance,as most such accidents are the motor vehicle operator’s fault.
Similarly, both pedestrians and motorcyclists are familiar with the tendency of so many car and truck drivers to fail to acknowledge their presence on roads. With the advent of wide-spread cell phone usage this phenomenon has become even more prevalent. If you are struck while running or just crossing the street, you must seek a personal injury attorney that know the ins and out of Minnesota law.
Despite increased crack-downs and more harsh punishment for drunk driving, there are still many accidents involving drunk drivers striking other vehicles, bicycles, and pedestrians. Select a Minnesota personal injury firm to get the specialist of choice.
One area of increasing activity in legal processes is product liability cases. With so many foods and various other products being imported from China and other underdeveloped countries that have substandard manufacturing and food handling procedures, it is important to have an attorney who knows how to trace the responsibility back to the people or corporate representatives who should compensate the victims of faulty products.
Among the many other areas of personal injury law is medical malpractice. Medical malpractice is a very complicated situation and needs thorough investigation by a personal injury attorney. Often, medical malpractice results from the simple shortage of doctors, nursing care and other ancillary professional and even custodial personnel in a hospital environment. In an era with so many antibiotics available, some facilities have become lax in their handing of intrusive medical devices, and in simple cleanliness of both the environment and the patients wounds.
For medical malpractice cases, auto injuries, workplace injuries, or any type of wrongful injury or death case, go with the best Minnesota professionals you can find.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
By Law Article
July 16th, 2009 at 07:08pm
Under Probate Law
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
There are few things in life that are an absolute certainty. Morbid as it sounds, death is one of those certainties. However, life is not predictable and could take a turn for the worst at any moment. Unlike other unpredictable events in life, the certainty of death provides an opportunity to prepare for it. People do not usually think that it is necessary to prepare for death until old age, but due to this unpredictability, it is never too early.
The process of allocating everything a person owns, or his/her estate, is known as Estate Planning. This planning will ease the process of dividing your estate amongst your heirs or loved ones once death occurs. It will save them time, money, and effort, and will make sure that your desires for your estate are met.
There are a number of ways that estate planning can be accomplished. The most basic type is a simple will, but other ways include planning your funeral arrangements, life insurance, and other directives. Some people question the importance of planning funeral arrangements, but it can help surviving loved ones enormously. It makes things less complicated for loved ones when death occurs by allowing them to express their grief, rather than hiding emotions during the funeral arrangements.
A comprehensive plan can meet your needs and desires while meeting other important estate planning objectives. These include avoiding probate, reducing the amount of estate shrinkage during this process, providing sufficient liquidity to cover costs of the estate settlement, minimizing federal and state taxes related to the process, and helping to maintain your family’s standard of living by not burdening them with other financial burdens. Of these, avoiding probate is one of the more significant objectives to meet.
Probate occurs when the legal system becomes involved in how the estate of a deceased person should be settled and distributed. In many cases, probate is not necessary. If a person is married without a legal will, the estate will be transferred to their spouse upon death. If a will does exist, a person will be chosen by the deceased to be the executor of the will. This person, a family member or attorney, is responsible for following the instructions about what is to happen with the estate. Life insurance policies, bank accounts, or other items that name a beneficiary or have a “payable on death” clause are not generally probate issues.
If a will does not exist and the person is not married, and in many cases even when a will does exist, the court system then becomes involved, leading to probate. The purpose of probate is to make sure that debts are paid and that the estate (property, possessions and money) is properly distributed to loved ones according to the wishes of the deceased.
Probate proceedings can vary from state to state, so it is important to seek professional help from an attorney that has experience with wills and probate cases. The death of a loved one and distribution of possessions that may have sentimental value to survivors can be an unpleasant situation. Seeking legal counsel will help to protect your rights and help you understand what is happening and why, but even with help, probate cases can take more than a year to be completed. If everyone involved can agree to work together to respect the wishes of the deceased, probate can be a smooth process that becomes more a remembrance of the deceased rather than an ugly quarrel over estate.
The best way to avoid putting loved ones in the hassles of a probate situation is to prepare a comprehensive estate plan for when death occurs. Estate planning not only saves time and effort of your loved ones, but also gives you the satisfaction of knowing that your own wishes and desires for your estate will be fulfilled. To avoid making mistakes, seek out professional advice from a qualified attorney who can help with the process and can help you get the most out of an estate plan.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
By Law Article
July 16th, 2009 at 02:57pm
Under Criminal Law
Loss of freedom. Expensive fines. A criminal record. Restrictions on your future employment. If you face criminal charges in Minnesota, the consequences may change your life. You need a criminal defense attorney, and not just any lawyer will do. You’ll want to hire an experienced professional. You’ll require an attorney who knows the ropes in Minnesota — someone with deep knowledge of local laws and the ins-and-outs of the court system.
Here are the top 10 reasons to hire a criminal defense attorney in Minnesota.
1. You will have one person in the criminal justice system you know is on your side. When dealing with judges, prosecutors, the police and witnesses you will benefit from having an experienced professional who’s concerned with your best interests.
2. You will have hired an adviser who knows the local court system. Every court system has its unique aspects. Minnesota is no exception. Your criminal defense attorney will know which local laws are relevant to your case. He or she will examine the facts in the case and identify the evidence that is most effective for your defense.
3. An experienced criminal defense attorney will take the time to understand your case. Your attorney will not let you become just another statistic in the criminal justice system.
4. Hiring a criminal defense attorney means hiring an expert. You’ll have an adviser who understands the fine points of criminal law, especially Minnesota’s legal code. Your attorney will also have access to resources, including investigators and expert witnesses, who can participate in your defense if needed.
5. Your criminal defense attorney will guide you through the maze-like procedures that often surround criminal legal proceedings – entering a plea, attending hearings, obtaining bond, preparing testimony, locating witnesses, and evaluating the evidence.
6. Your attorney will take the lead in negotiations with prosecutors to potentially dismiss or reduce the charges against you. When you hire a qualified, experienced criminal defense attorney who practices in Minneapolis, you will benefit from having an advocate who knows the local prosecutors and has experience negotiating with them. Your attorney will advise you on your best options if you are offered a plea bargain or reduced sentence.
7. If your case goes to trial, your attorney will help you select the best approach, including whether to testify, and if you should request a judge or jury trial.
8. Your attorney will review all of the evidence against you and seek to dismiss anything that is unproven, unfair, or not allowed under Minnesota law.
9. Even if you have to face some consequences, your criminal defense attorney will help you make the strongest case for a reduced or suspended sentence, lower fines, less time on probation or fewer restrictions on your activities.
10. Your criminal defense attorney will allow you to face the Minnesota court system with confidence that you’ve done the most you can to protect yourself. The right to hire an attorney is a basic civil right, one that can help you to preserve your rights and safeguard your future.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
By Law Article
July 16th, 2009 at 10:39am
Under Immigration Law
Green Card Lawyer for Minnesota Immigration
What is a Green Card?
A green card is the term used to describe the document that shows a persons is a Lawful Permanent Resident. It is the document that immigrants receive as proof of their permanent resident status. The green card can be used for employment, driver’s license, social security number, etc.
Is a Green Card the same as Citizenship?
No. Although green card holders may live in the United States indefinitely, they are not U.S. citizens. Green card holders may work legally, travel, etc., but in order to become a U.S. citizen, they may apply for citizenship; it does not happen automatically. Green card holders also cannot vote.
How do I get a Green Card?
You may be eligible for a green card if you have certain family members who are U.S. citizens or permanent residents. Green card status is also available through employment. Lastly, if a person is in deportation proceedings, there are occassions when an immigration judge may grant premanent resident – green card status.
How long may I remain a permanent resident?
You may remain a permanent resident, without becoming a citizen, indefinitely. However, you are required to renew your green card every ten years. In addition, you will be subject to various restrictions on travel, voting, etc., as a permanent resident. As a U.S. citizen, there would be no restrictions on your immigration status.
For more information about specific details about the different ways to get a green card, see the many articles on our site at www.cundyandmartin.com .
Green card lawyer, attorney in Minnesota, immigration, deportation, immigration court, K-1, work visa, asylum
By Law Article
July 14th, 2009 at 04:39pm
Under Immigration Law
Illegal Aliens – Three and Ten Year Bars
Minnesota Immigration Lawyers
The Immigration and Nationality Act (INA) section 212(a)(9)(B)(i) bars certain immigrants from returning to the United States if they accrued unlawful presence, i.e., were in the U.S. illegally. This means that if you have been in the U.S. illegally and then leave the country, you could be prevented from returning for several years. This applies whether the USCIS knows that you were in the country illegally or not. If you admit to being in the U.S. illegally or the Immigration Service learns of it, the bar applies.
What are the immigration bars?
If you were in the country illegally for more than 180 days but less than one year and then leave, you are barred from returning for three years. If you were in the U.S. illegally for one year or more and you leave, you will be barred for ten years. In addition to the 3 and 10 year bars, there is also a permanent bar you need to know about.
Permanent Bar – INA section 212(a)(9)(C)(i) permanently bars you from returning to the U.S. if you were previously in the U.S. illegally for a year or more, or were deported, left the country, and attempt to return without a proper visa. Anyone in this situation cannot even seek a visa to return for at least ten years. After the ten years has passed, you would still need a waiver to return; the visa issuance is not automatic merely because you stayed out of the country for ten years.
What should I do?
Call an immigration attorney before you leave the United States to discuss any possible bars on returning in the future. As you will see from the information above, it is the departure from the United States that triggers these immigration bars. This means that if we can fix your immigration status from within the U.S., the bars would not apply. Not all violations of the immigration law make one subject to these bars and therefore, an analysis of your situation is needed. In some instances there are waivers available that would permit you to come back before the three or ten year bar is reached, but waivers are beyond the scope of this article.
Minneapolis Immigration Lawyers can be reached at www.cundyandmartin.com .
Green card lawyer, attorney in Minnesota, immigration, deportation, immigration court, K-1, work visa, asylum
By Law Article
July 14th, 2009 at 03:02pm
Under DUI Law
Being charged with a DUI, driving under the influence (of drugs or alcohol) or a DWI, driving while intoxicated, is a very serious situation. The possibility exists that either charge could affect one’s future. They can result in substation fines, loss of a driver’s license, have implications for future employment, increase insurance premiums, and in some cases, can result in serving time in jail.
When charged with a DUI or DWI, it is important to find someone that will understand what steps must be taken to successfully navigate through the legal processes. A lawyer or attorney can be a great help in these situations. This lawyer will defend the person involved in the situation, and will make sure that his or her rights are protected throughout the whole process.
In the state of Minnesota, a blood alcohol of 0.08 or higher will allow you to be convicted of a DUI charge. Although this is when one can be convicted, it does not mean that driving is impaired prior to this point. Driving skills are affected from the first drink of alcohol. The ability to react, pay attention, maintain coordination, and make good choices are affected more and more with each drink.
Unfortunately, there is no specific number of drinks that can alert you when you are over 0.08. Wine, beer, mixed drinks, and hard liquor all have different percentages of alcohol. It is more important to keep track of the total amount of alcohol that is entering your system over a certain timeframe rather than just counting drinks. A few beers will have a different affect on a person than a few shots of hard liquor. This number is also not the same for everyone, however. Blood alcohol levels are also influenced by gender, age, weight, medications, the amount and type of food that has recently been eaten, and other factors.
If one does end up being pulled over for DUI or DWI by police, a series of tests may be administered, including a blood, breath, or urine test. If these tests are refused, it is considered a Gross Misdemeanor, which can lead to removal of your license for at least year.
When a DWI conviction does happen, there are a number of legal and financial consequences, which vary depending on how many offenses one has been charged with. For the first DWI offense, it is usually a Misdemeanor, which is punishable by a maximum fine of $1,000 and/or ninety days in jail. A court may order you to attend an alcohol treatment program, and maybe revoke your license for at least 90 days. This is the case if the driver’s blood alcohol reading is under 0.20%. If the reading is over 0.20%, or the person is convicted with a child in the car, it is considered a Gross Misdemeanor, which can lead to a maximum fine of $3,000 and/or a year in jail. If a second offense is committed within ten years, it is also considered a Gross Misdemeanor.
When a third offense is committed within ten years of two prior offenses, one will either have a minimum of 90 days in jail, or an intensive probation program which will include at least six consecutive days in jail as well. Police will most likely take a person’s car away at this point, and a lawyer will be needed to help deal with financial consequences of this seizure. After three offenses in Minnesota, the state will also be likely to cancel one’s driver’s license as this person is seen as a threat to public safety.
The fourth offense within ten years of three prior offenses will result in a Felony. This conviction will result in at least three years in prison and a fine of not less than $14,000. A judge my decide to reduce this three year term, but there is still a mandatory sentence of at least 180 days in jail, 30 of which must be served consecutively.
Driving while under the influence of drugs or alcohol is a very serious situation. Not only is the driver’s life in danger, but also the driver’s passengers, and any other car or pedestrian that happens to be on the road during that time. The results of a DWI conviction can lead to fairly severe penalties. Ideally, one would not place him or her self in a situation where one can be convicted, meaning to not drive while under the influence. When one does happen to be pulled over and charged with this offense, however, a lawyer who will be able to protect one’s rights and will be able to lead a person through the legal process can be an invaluable asset.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
By Law Article
July 13th, 2009 at 04:38am
Under Family Law
There are many hardships a family can face during a lifetime. When the unthinkable happens, such as experiencing a divorce, finding out about child abuse or a child abduction, or having to deal with property settlements, the legal terms and rules will not be foremost on your mind. In cases like these, the amount of work to be done can seem overwhelming. The legal system is a very complex system, and although it might seem expensive and time consuming to seek advice from a lawyer, doing so can save both money and time in the future. It is important to seek advice from a lawyer who specializes in your specific legal problem. He or she will use expertise and experience to reach a satisfactory outcome to the situation. If one of the situations above happened, one would seek out a Family Lawyer.
Family law is the area of the law that deals with domestic relations and family related issues. Complications that arise from situations such as the nature of marriage and domestic partnerships, issues involving spousal or child abuse and child abduction, and issues arising from the termination of a relationship such as divorce, annulment, property settlements, and parental responsibility are all included under the category of Family Law.
Relying on settlements without the aid of a family lawyer can be very risky. Without the legally binding decisions, trouble can be caused if one of the parties involved in the settlement decides to change his or her mind in the future. This is especially important in property settlements. “Property” in a property settlement can be interpreted as almost anything that is capable of being owned. A property settlement includes everything belonging to a couple, regardless of who bought it, who’s name it is in, or if it was owned before the marriage.
In the situation of a property settlement, it is easy to see how the amount of work can become overwhelming. This is where a family lawyer can be extremely helpful. When most people think of a lawyer, they immediately assume a court visit is in order, but in family law situations, this is not the case. In fact, going to court is often best left as a last resort. Most family law cases can be solved through simple negotiations between the parties involved. The lawyer will help obtain a satisfactory settlement and insure that complications will not be ongoing. Outcomes are not simply a 50:50 split of the assets, but rather a division based on the circumstances of the specific situation. It sometimes requires an outsider to have unbiased view of what those circumstances really are. The family lawyer will help determine and organize information about factors such as age, health, education, and job qualifications to decide how the case will be settled.
If parties are open and honest in a family law situation, settlement of a case should go smoothly for everyone, resulting in a satisfactory outcome. Experiencing any type of family trouble can be extremely stressful, causing strong emotions and thoughts to occur. A family lawyer is a sound investment that will listen to the concerns of all those present, and will give objective advice about legal obligations and rights of entitlement until a desired settlement is reached.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
By Law Article
July 12th, 2009 at 08:58pm
Under Criminal Law
Criminal, or Penal, Law, refers to the body of rules that govern punishments for a number of legal offenses, usually enforced by the government. Each state has its own set of procedures to deal with the offenses committed, but for all states, punishment is occurring for a person’s failure to comply with a set of rules or laws. These punishments can range from very simple, such as a small fine, to quite severe, such as execution.
During a trial of this type of Law, a criminal lawyer has the task of defending his or her client. It is almost never recommended that an accused person should try to represent him or herself in a criminal case. Criminal law can be difficult to understand and it takes years to become an expert. When defending yourself, you want someone who understands the situation you are in, knows what options are available, and knows the best way to proceed. Hiring a criminal lawyer is the most effective way to find this type of person.
When hiring a criminal defense lawyer, there are a number of aspects about the lawyer that one should examine. One of the most important aspects is experience, not just as a defense lawyer, but experience with the specific type of case that is being dealt with. Experience spread over a number of years is also important, not just in number of cases seen. Having been successful over a long period shows that the lawyer can adapt to changing moods and views that society goes through, and that he or she has seen a wider variety of outcomes, therefore possessing more knowledge of how to resolve a case. A long winning record is ideal, as this will make the proceedings go much more smoothly. The lawyer will be able to bring ideas and viewpoints that less experienced lawyers may not have seen or heard of yet.
If one is able to find a defense lawyer with this type of experience, it is most likely that he or she will have two other very important attributes, confidence and respect. A lawyer who is confident in the courtroom and in his or her abilities will be able to present ideas more effectively. One who has earned the respect of the community and judges will also be more effective. He or she will be able to negotiate easier, win crucial motions, and get more favorable rulings.
In addition to the courtroom side of things, a good criminal defense lawyer should also be one that cares about the client and makes an effort to understand the situation. A lawyer who is interested in the well being of his or her clients and spends the time to get to know them will be fighting harder in the courtroom than one who does not do this. These lawyers will understand what the various outcomes of a case may mean for the client. Large fines, jail time, or even just a small criminal charge can have enormous repercussions for some people, particularly those that require a license to perform their job. It is important to realize this and to fight hard to reduce those effects as much as possible.
There is no substitute for experience, and ideally, one should try to find the best lawyer available that one can afford. One who has experience and knowledge, but still possesses a passion for what they do, with a genuine concern for the client and his or her well being. Criminal cases can have devastating effects on a person’s life, and a good criminal defense lawyer is a valuable tool that should not be wasted.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
By Law Article