Mirror of Justice

Making it Through a San Bernardino County Child Custody Case

July 18th, 2009 at 08:53am Under Child Custody

When a marriage falls apart, the spouses are forced to deal with a great deal of stress. This stress comes from many areas, including dividing up their things, dealing with the emotions of separating their lives and deciding how much time their children will spend with each parent after the settlement is finished.
A San Bernardino county child custody case can often be the most stressful aspect of a settlement. Parents are not only concerned with winning the case but in also preserving their children’s well being. There are many factors that are involved during the battle and even after the case is settled.
Court rulings in San Bernardino county child custody cases are reached after many factors are taken into account. These factors include each spouse’s history with the children and also how each spouse is portrayed as a parent throughout the custody hearing. Along with the San Bernardino county child custody case comes the court’s decision on how much parents are required to pay in child support.
When it comes to child support, many factors come into play. Who is required to pay what, will the child’s time be split evenly or will one parent have the majority or sole custody are all questions that must be answered. The court looks at many things when reaching decisions on the matters of support and this is where family law can help. Bringing family law into the San Bernardino county child custody and support battle can help ensure that both the parent and the children receive the best outcome possible. Each spouse’s income and their ability to pay support are just a few of the factors that ultimately contribute towards the court’s final decision. Legal professionals are familiar with the documents and evidence needed to support the fight in these hearings.
Once the decisions have been made and finalized by a court, it is possible to request a modification of support orders. Parents can request a modification of support orders once the original support order has taken place. Family law can help parents determine if and when to request a support modification. These legal professionals are familiar with support guidelines and enforcement laws and can help parents determine the best time for modification.
Both the parent receiving support and the parent making the payments have the ability to request a modification of support orders. Parents receiving support may have the amount increased if they can prove that the paying parent’s income has increased. Furthermore, the parents making the payments can decrease the amount of future support payments if they can prove their income has decreased due to losing a job, experience a pay reduction or also if they can prove the custodial parent’s income has increased.
Ultimately, these battles are about achieving the best results for the children and hiring a legal professional can help assure that this is achieved. Hopefully when the case is settled both spouses will be content with the ruling and the children will have had little exposure to the process.

Texas Bankruptcy Laws for People in Severe Financial Difficulties

July 18th, 2009 at 08:52am Under Discrimination Law

There are many methods that you can use to clear yourself of the many debts that you have. These methods can include going to bankruptcy courts, but you will need to know what is recommend for the bankruptcy courts in your state. The Texas bankruptcy laws of 2005 require that you go through with credit counseling before you apply for bankruptcy.

The Texas bankruptcy laws have incorporated this new bankruptcy act in their laws about debtors and creditors. In this law you will have to attend a court approved credit counseling agency sessions for at least 6 months before you can receive a certificate that will let you to apply for a bankruptcy hearing.

Once you are certified from the counseling agency to begin the process of bankruptcy you should contact a bankruptcy lawyer. This person will have to give you a means test. This means test is part of the new Texas bankruptcy laws.

The means test will determine what your financial status is so that you can apply for chapter 7 or 13 of the bankruptcy code. Depending on the means test and if you have less than $6000, after monthly living expenses, rent, food, loans and medical bills, have been deducted from your income for the next 5 years then you can qualify for chapter 7.

Otherwise you must apply for chapter 13 bankruptcy from the Texas bankruptcy laws. For chapter 13 you will need to have your repayment plan with all of the repayment details stated clearly. This should be given to the court so that they can look it over.

This way the court will be able to see if you are sincere in your desire to repay your debts. Once the court is sure that you will be able to repay all or most of your debts that you have owing, you will be able to file for chapter 13 bankruptcy.

Once the bankruptcy process for both chapter 7 and 13 has begun you will need to gather the various paperwork and documents that you need. This paperwork is required by the Texas bankruptcy laws.

The documents that you should include for your bankruptcy declaration will include an itemized list of your current income sources, the major financial transactions that you have carried out for the last 2 years, and your monthly living expenses.

You will need other items to satisfy the Texas bankruptcy laws act. The secured and unsecured debts, along with any property and assets that aren’t exempt for the Texas bankruptcy laws must be handed with the title deeds.

Once this information has been handed over to your bankruptcy lawyer you can file for bankruptcy. The Texas judicial courts will issue an automatic stay order against your creditors. This will allow you to pay these individuals over a court defined period of time.

The Texas bankruptcy laws are designed to help people in severe financial difficulties. This aid will allow you settle your debts and have a fresh start.

How Ro Get Charged With Federal Bank Fraud

July 18th, 2009 at 08:52am Under Banking Law

Bank fraud is a generic term that defines a group of federal and state criminal white collar offenses all of which, simply put, have to do with stealing money from banks and other financial institutions.

Bank fraud charges may include misapplication, embezzlement, false entries in financial institution records, bribery, fraud, making false statements to procure loans, check kitting, bank officers taking out personal loans at preferential rates, computer crimes, and creating overdrafts.

Let’s consider each offense separately. Misapplication is an offense addressed by federal law 18 U.S.C. Sections 656, 657 that is one of the most widely used tools in bank fraud federal prosecutions. This crime involves willfully converting the funds to your own use, benefit or gain, or the use, benefit or gain of a third party.

Embezzlement is an offense very similar to misapplication and is governed by the same statute, 18 U.S.C. Sections 656, 657 that applies to an insider who embezzles funds or property of a financial institution or its holding company. In simple terms, embezzlement is ”the fraudulent appropriation of property by a person to whom such property has been entrusted, or into whose hands it has lawfully come.” The most important element of this statute is that funds must have belonged to victim but the accused must have had lawful possession of the property.

Another bank fraud offense is False Entries in Financial Institution or Holding Company Records, regulated by 18 U.S.C. Sections 1005, 1006. Under this statute, it is a crime for bank employees to make any false entry in bank documents with the intent to defraud the bank. Violation of this law is punishable by a fine of up to $1 million, or imprisonment of up to 30 years, or both. To make their case under this law, the government must establish that (1) the entry is false; (2) the accused either personally made or caused the entry to be made; (3) the accused knew the entry was false when it was made; and (4) the accused intended that the entry injure or defraud the financial institution or holding company or deceive any officer of such institution, company or certain public officials. Section 1006 applies to insiders acting with the intent to defraud while Section 1005 applies to any unlawful participant acting with an intent to defraud.

Bribery (18 USC 215) is another federal bank fraud charge. The law makes it a crime to give, offer, or promise anything of value to anyone with intent to influence or reward a financial institution’s officer, director, employee, agent, or attorney in connection with any business or transaction of the institution. It is also a crime for an officer, director, employee, agent, or attorney of a financial institution to corruptly solicit or accept, or even agree to accept, anything of value from any person, with intent to be influenced or rewarded in connection with any business or transaction of the institution; The penalties for bribery are hefty: the fine of the greater of $1,000,000 or three times the value of the bribe, and/or imprisonment of up to 30 years. However, if the bribe is below $100, the fine is limited to $1,000 and prison term is limited to one year.

The bank fraud statute, 18 U.S.C. Section 1344 is very similar to the federal mail and wire fraud and make it a crime to “knowingly execute or attempt to execute a scheme or artifice to defraud or to obtain, by means of false or fraudulent pretenses, representations or promises, any of the moneys or funds, credits, assets, securities, or other property owned by or under the custody or control of a financial institution”. Over the years since passing of this statute by Congress, this law has been used in prosecutions of virtually any type of fraudulent behavior that has to do with banks, including car title fraud, stolen or phony checks, credit card fraud, ATM fraud, stolen ATM cards, check kitting, etc. In one case, the defendant who participated in scheme of accumulating bank credit was convicted of bank fraud for falsifying income on credit card applications to increase the amount of credit.

Many bank fraud charges were brought for making false statements to procure loans 18 U.S.C. Section 1014. Under this statute, anyone who knowingly makes any false statement or report or who willfully overvalues collateral for the purpose of obtaining credit from a banking institution will be fined for up to $1,000.000 or imprisoned for up to 30 years.

One common bank fraud crime is a check ”kiting” scheme, where one or more persons using checking accounts at two or more institutions systematically exchange checks of similar amounts. The scheme takes an advantage of the delay as the checks are cleared through the Federal Reserve System. As the result, there is an inflated and uncollected balance at the banks involved. While checks drawn against uncollected funds are in the clearing process, the participants in the scheme use the deposited but uncollected monies. Check kitting schemes do often result in prosecution under mail and wire fraud and bank fraud statutes.

US Navy Helicopter Crash in Southern California

July 18th, 2009 at 08:51am Under Aviation Law

According to CNN, three members of a U.S. Navy helicopter crew were killed after their helicopter went down in the waters off San Diego California, late Tuesday night, a Navy spokeswoman said. Rescuers are still searching for the two remaining crew members from the helicopter, which was operating from the USS Nimitz. It crashed about 20 miles off the Mexican coast, the Navy said. If you have been injured, or are a family member of a person who died in the tragic Navy helicopter disaster, please call  William Muhr, Attorneys & Counselors at Law, LLP immediately at 1-800-934-4529. William Muhr is a former certified military judge who has an extensive military background and 23 years of experience in the area of personal injury law. Our firm also has some of the most experienced aviation attorneys in the country.  Our aviation attorneys have handled 17 major aviation disasters and never lost a case.  We also have a highly-qualified team of California lawyers in our staff ready to help you.  Our collective knowledge and extensive legal experience in this area of law will serve you well.    

People needlessly lost their lives and suffered grave injuries. The suffering of the survivors will never be fully resolved.  Other people now fear their  own safety flying in Navy Helicopters. We have the potential to bring change, if you let us, to save lives in the future. We must respond to this challenge to make responsible parties accountable. We cannot sit idly by and do nothing. We must do our utmost to make helicopter flights safer. Let us help you so that we may help others. Let us begin now.Call 1-800-934-4529 for a free consultation with an experienced attorney.  Highly qualified attorneys will immediately handle your case; and you will have 24-hour access to your legal counsel. Visit us on the web at http://www.williammuhr.com

To Avoid Probate You Need a Living Trust Besides a Will

July 18th, 2009 at 07:08am Under Probate Law

Ensuring that a client’s estate does not go through probate is one of the main goals of estate planning. Why? Because probate costs money, takes time, and can cause major aggravation.
First, here are some of the important terms in estate planning: Living Trust – a trust set up during a person’s lifetime (during which the trust may be changed or revoked) to avoid probate.
Probate – the legal process by which a will is proved to be valid and binding (can be a lengthy and expensive process).
Will – a formal legal document directing the disposition of assets upon death.
Why it is important for an estate to avoid probate: In the May 2008 American Bar Association Journal an attorney in Chicago says: “Probate in Illinois is relatively painless, so long as there is no litigation associated with it. Probate requires only two court appearances, and the decision-making does not require court approval, so long as there is no litigation or upset heirs interfering with the administration of the estate.” There can easily be totally unexpected upset heirs interfering with the administration of the estate. And even just paying an attorney’s hourly rate for two court appearances and various court filings can cost heirs a great deal of money.
Probate fees can take a big bite out of a small estate: Attorney’s and executor’s probate fees are set by law in some states, such as in California. The estate’s attorney in California will be paid $13,000 for a small estate of $500,000, which with California housing prices is a small estate. And if the executor doesn’t waive the fee, he or she will also receive a fee of $13,000.
That’s right, $26,000 in fees for an estate that might consist of only a small residence! Plus court filing fees, probate referee fees, certified copy fees and aggravation too much to mention.
Privacy issue – probate is a public process: Another problem with probate is that it is a public process. A will becomes part of the records at the courthouse, and anybody who wants to can read it. If there’s a contentious relative being left out of a will, or if privacy is valued, probate should definitely be avoided.
A living trust solves these problems: What is needed so that an estate doesn’t have to go through the legal obstacles of probate? A will is not enough to avoid probate. A living trust is needed.
A living trust has the same instructions for the disposition of property that would be expected in a will. But since the trust is a pre-existing legal entity, it continues after death. Therefore, the estate does not have to go through probate since there are no assets that have to be “proved.”
Pour-over will takes care of any assets not transferred to the trust: A will is still needed in case there are any assets that have not been transferred to the trust. For example, the proceeds of a wrongful death lawsuit would be picked up by the will because these proceeds didn’t exist at the time the trust was set up. The will “pours” everything it covers into the trust, which is why it is known as a “pour-over” will.
The above information is only considerations for you to discuss with your own estate planning attorney; the information is NOT legal advice. The providing of this material does not establish an attorney-client relationship.

An Overview of Medical Malpractice & Lawsuit

July 18th, 2009 at 07:07am Under Legal Malpractice

Medical Malpractice is a legal term associated to lawsuits alleging damage to a patient because of various circumstances like misdiagnosis, mistreatment, or various types of negligence made by medical professionals, including doctors. Readers should note that not all errors in medical diagnosis and treatment are necessarily malpractice, because there are certain risks and margins for error that arise inherently in the practice of medicine.

According to JAMA – Journal of the American Medical AssociationMedical malpractice has become the third leading cause of death in the United States, after deaths from heart disease and cancer. The chief allegation is misdiagnosis, either delayed diagnosis or mismanagement of diagnostic tests. It has been observed in a study that the top five diseases that receive monetary awards for medical malpractice, in terms of value, are breast cancer, lung cancer, colorectal cancer (including colon cancer and rectal cancer), heart attack, and appendicitis.

Some of the most common medical malpractice conditions which occur as a result of negligence of doctors or other medical professionals are Cerebral Palsy, Erbs Palsy, Birth Defect Litigation, Birth Injury, Cancer Misdiagnosis and Nursing Home Abuse.

In order to successfully win a medical malpractice award, there are several obstacles to overcome. The first is that the case must be started before the statute of limitations has run out, and this length of time varies by state (and country) and also varies depending on the type of lawsuit or specific allegations

There are several obstacles to overcome in order to win a medical malpractice award. The first and foremost is that the case must be started before the statute of limitations (time limit that restricts when you can start a lawsuit) has run out. The statute of limitations varies by state (and country) and also differs depending on the type of lawsuit or specific allegations.

Since some of the medical errors are considered “normal” and many surgeries, procedures, and drugs have known risks and side effects, it is necessary to prove medical malpractice, rather than a medical error or other adverse event that may not be considered negligence or malpractice.

Always consult with your attorney or other legal professional for any legal advice related to medical malpractice. The information provided in this article is for general informational purposes, and does not constitute legal advice. There are few web sites (like SelectCounsel.com) which evaluate your medical malpractice case for FREE!

Ask The Attorney – Basic Employment Law Disputes

July 18th, 2009 at 07:06am Under Labor Law

INTRODUCTION: Employment law disputes are one of the most litigated in California. Many businesses are violating the law without even knowing it. Each year, the Labor Commissioner as well as attorneys, sue Asian businesses knowing that they lack the requisite knowledge to defend an employment lawsuit.

QUESTION: Dear Mr. Cheng: I used to work in a restaurant and the owner worked us 10 Hours a day straight. I am tired. Recently, I requested a break and was fired. I am still waiting for my paycheck and it has been two months. I was paid $30/Day and owed $390.00 for 13 days of work because I worked six days a week. I worked there for 6 months. Is this legal? Jessica – Rosemead ANSWER: Jessica, not only was this illegal but the violations of the law allow you to receive much more money than what you think is owed to you. Our business law department represents numerous businesses in the San Gabriel Valley, including restaurants. The actions by the owner are classic labor law violations. Minimum Wage: First, no person can contract for less than minimum wage. Currently, minimum wage is $8/Hour in 2008.

Therefore, at a minimum you are owed $80/Day and not $30/Day as stated. Meal Breaks: Each day you work more five hours you are required to get a meal break not less than 30 minutes. Failure to do so allow you to receive a penalty of $8/Day for every meal missed. Furthermore, depending on your specific circumstances you may also need to receive another $8/Day in a second meal break missed. Rest Breaks: You were also required, based on your circumstances, to receive a rest break no less than 10 minutes, twice a day. A violation of this allows you to receive one additional hour of pay. Overtime: Any time you work over 8 hours a day and less than 12 hours you are required to receive 1.5 x your hourly wage. Therefore, each day you worked you were entitled to receive another $48/Day ($12 x 4). Termination: Anytime you are terminated you are required to receive your pay immediately. If you do not you receive your average daily wage as a penalty for up to 30 days. Therefore, being that your average daily wage (including penalties) should have been $128 you are entitled to receive $3840.00 in penalties. Conclusion: The approximate amount you are entitled to receive based upon your facts is $17952.00. This is calculated on the wages and penalties that you are entitled to receive minus the actual amount received. In conclusion to your question, the answer is no, this was absolutely illegal. QUESTION: Dear Attorney Cheng: I am a business owner in a large company in the San Gabriel area. I am worried about Labor Code violations because the employee recently requested time records and I no longer have them. Are there any legal consequences of not keeping employment records? Sam – Rowland Heights ANSWER: Dear Sam, under the Labor Code you are required to keep documentation available for your employees to copy. Failure to do so within 21 days of a written request for them entitles employees to damages that can range up to $4000.00. Furthermore, when there is a labor dispute, there is a presumption that if the employer fails to keep proper documentation, the employees’ statements can be used to support hours worked. This is a very severe consequence because an employee can claim many extreme figures for their employment. However, if the employer cannot substantiate the hours worked, the employee is not penalized for a disorganized employer.

Virtual Law Enforcement Answered With Earning A Criminal Justice Degree Online

July 18th, 2009 at 07:06am Under Juvenile Law

Many individuals are drawn to considering law enforcement or criminal justice as career choices. Next to psychology, most people today consider a profession in law to be one that’s desirable and that offers strong job security. Colleges and campuses offering instruction in criminal justice are easy to find, but choosing to train for a criminal justice degree online may be the smarter choice, taking into consideration our technological world and its increasing need to crack down on virtual law enforcement. Receiving training in the very environment that many individuals will end up actually working in can boost appeal for prospective employers. What’s more, the personal requirements needed to obtain an online degree including determination, dedication and the will to achieve, are desirable ones for criminal justice areas, portraying to potential employers an individual serious about his or her career.
An Associate’s or Bachelor’s degree in criminal justice can open the door to many positions in the field, such as courtroom administrator, police officer, private security officer, probation or parole officer, juvenile delinquency case manager, corrections officer, or police detective. Even the very jobs that one would think need on-site training at campuses can be a possibility via online education. Colleges can provide a solid start in enforcement positions and once an individual has completed their criminal justice degree online, he or she can certainly move on to more in-depth training to narrow down the career of their choice and receive more pertinent, specific skills. Students wanting to increase their credentials can pursue a Master’s degree, which certainly makes any individual a strong contender for positions in the law enforcement industry.
A criminal justice degree can also involve other job options, such as becoming a paralegal or working in computer network security. Many enterprises and corporations look to save costs by hiring the services of paralegals or even employing a paralegal directly and having one on staff at all times. Tasks that were once thought to only involve lawyers are now being delegated more and more to paralegals, and the prospectus for employment options for this occupation is expected to rise as more businesses become savvy and seek to reduce expenses.
For network security considerations, technology and law enforcement meet head on, and skills tailor-made to deal with security breaches and cyber terrorists nearly guarantee job security in a high paying position. Insidious stealth attacks designed to bring companies crashing to their knees require highly skilled individuals with critical training toward valuable database information and protect businesses from unwanted infiltration, either by hackers, attackers or viral activity. Cyber security is claimed to be the top priority by 81% of business executives, and salaries are double what other online degrees might provide. The rewards of such a high-tech employment position and the growing demand for professionals makes this field a solid choice with strong job placement opportunities.
Online training is a good option for those individuals who need to work at their own pace or blend employment and family. The convenience of being able to earn college credits towards valuable certification, combined with pertinent instruction that rivals any education directly on site at college campuses, makes studying online an excellent option. Curriculum is offered by colleges that have a fine reputation and are recognized by employers and businesses, as well as large corporations. The business world has moved to embrace and accept technology, and also shown its approval of distance education. A criminal justice degree online is more than enough for individuals to be attractive additions to any enterprise and can provide job security in an age where turnover can be high and solid qualifications are important to professional survival.

Employment Insurance Law in Canada

July 18th, 2009 at 07:05am Under Insurance Law

In Canada the Employment Insurance (EI) provides financial assistance to citizens who have lost their jobs. The working scheme of EI is similar to car insurance while you work you pay premiums to be entitled to benefits. To get EI you need to work for a certain period called qualifying period and you must have lost your employment through no fault of your own. You can start gaining benefits right after you lost your job and the maximum benefit is set at 55% of your insurable earnings. EI is governed by the Employment Insurance Act R.S. 1996 c. 23, and run by Human Resources and Skills Development Canada (HRSDC).

As for the wok that is insured it is the most work in Canada. You can’t be insured if you work for government of a province or foreign country, if you work for a family member (still in some cases it is possible to get EI in this situation), if you are a large shareholder of a company you work in, if you are employed on an entirely casual basis. Generally the qualifying period is set at 52 weeks from your last claim, in case you miss hours due to illness, injury, education, or incarceration, the period will be extended. If you were fired from your job for misconduct or left the job for no reason you won’t get EI. But if you lost your job for a reason beyond your control you can apply for insurance, it also provides possibilities to qualify for maternity, child care, compassionate care, and sick leave benefits. When you apply for EI be sure to present Record of Employment (ROE) from your last employer, it will show the reason why your employment ceased.

After you have received EI there is a number of limitations and rules that you must follow. You receive payment only for days when you are available for work (no holidays etc.) and you are obligated to look for work while unemployed. If you refuse to look for work or accept an offer of suitable Canadian employment the payments will be ceased. As an example of not suitable work: if the offered work is in your field but has a lower wage or under less favorable conditions it can be considered not suitable. HRSDC also provides certain programs that must be attended, if you fail to visit the meetings the payments will be ceased.

As in any civilized country in Canada you can make an appeal if you disagree with determination made under the Act. You need to make an appeal to the Board of Referees within 30 days. An appeal can be made if the Board’s decision was contrary to the principles of natural justice, if it was based on an error of Canadian law, or made on the basis of incorrect and contrary facts. It is always useful to consult a labor and employment lawyer before making an appeal. If the decision of the Board of Referees does not satisfy you, you can appeal to Federal Court Judge within 60 days.

Cyprus Corporate Law

July 18th, 2009 at 06:18am Under Adoption Law

Eli Doron, adv. – Yaron Tikitzky, adv. (c.p.a)

The relevant law dealing with Cyprus’s corporate law is the Cyprus Companies Law, cap. 113. This code is actually an almost identical adoption of the English Companies Act of 1948. As a matter of fact, the English Act has been identically adopted at first, and only later has been modified to a certain extent. The main modifications are attempting to homogenize the Cyprus law and the European Union law. Therefore, the Cyprus corporate code has both European-Continental and English-Common Law characteristics.

After the 2001 major modification, foreign control companies, i.e. companies that are on full control of foreign bodies, are regulated as offshore companies. As wise, beginning from 2003, offshore companies must pay tax as any company, and does not benefit from unique privileges. And yet, this rule of thumb isn’t complete and has exceptions when the company is trading merely out of Cyprus’s borders.

The Cyprus corporate taxation system is complex and intricate, and cannot be simply laid forth here. However, in abstract it can be pointed out the companies’ revenue owe a 10% tax, whether local or offshore companies. This tax is the lowest tax rate amongst all nations in the European Union. In addition, the Cyprus codes determine a 2% employers’ income tax.

Moreover, one of the main reasons that foundations of Cyprus’ companies is so attractive to foreign investors is that the Cyprus tax law exempts Cyprus’ companies investments in foreign companies, under considerably convenient term. Therefore, as long as the foreign company’s activities are permanent and don’t exceed 50% of the Cyprus company’s revenue, and as long as the tax on that activity in the foreign country aren’t substantially smaller than the corporate tax in Cyprus, then the activity is exempt from local tax in Cyprus. However, it should be noted and clarified, that although these conditions seem very appealing to the foreign investor, they are not as simple as noted above, and are more complex and intricate than can be explained here. The Cyprus law system is characterized by having a European Union law contributory to its local codes on the one hand, and a unique local code on the other, and therefore is an intertwined system that requires high professionalism.

In addition to the noted above, the Cyprus tax law exempts corporate dividend distribution to foreign citizens. But, even this privilege is subordinate restrictions, in accordance to harmonization of the Cyprus code and the European Union laws.

Consequently, it is very plausible to take advantage of the Cyprus tax law and corporate law in order to maximize efficiency and revenue management. However, it should be clarified that the goal of the local Cyprus’ codes are not to enable use of foreign companies for foreign investment, but rather to promote the local economy. For this reason, it should be well insured that the Cyprus’ company shall be managed from inside Cyprus, and that the heart of investment shall not be foreign either.